HomeMy WebLinkAboutMins 06/19/06 - 02/20/07
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ROANOKE CITY COUNCIL
June 19, 2006
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
June 19,2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council
Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, 5. W.,
City of Roanoke, with Vice-Mayor Beverly T. Fitzpatrick, Jr. presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinqs, 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 Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T.
Dowe, Jr., Sherman P. Lea, and Vice-Mayor Beverly T. Fitzpatrick, Jr. mmm_mmm·5.
ABSENT: Council Member Brian J. Wishneff and Mayor C. Nelson Harrisuh--2.
The Vice-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 Sherman P. Lea.
The Pledge of Allegiance to the Flag ofthe United States of America was led
by Vice-Mayor Fitzpatrick.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Inasmuch as this was
Dr. Cutler's last official City Council meeting, Council Member Dowe offered the
following resolution paying tribute to the Honorable M. Rupert Cutler, Council
Member:
(#37419-061906) A RESOLUTION paying tribute to the Honorable M. Rupert
Cutler, and expressing to him the appreciation of the City and its people for his
exemplary publiC service.
(For full text of resolution, see Resolution Book No. 70, Page 342.)
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Council Member Dowe moved the adoption of Resolution No. 37419-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
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AYES: Council Members McDaniel, Dowe, Lea and Vice-Mayor
Fitz pat ric k ______._u__h__uuuuu_uooo_ooooooooo_____ooo_u_____u_ooo__u_ooo__ooo__u___u_000__000000000004.
NAYS: Non eoooooooooo____oooooooonn_oooooon___n_____ooo__h___oooooooo_oooooooooooooooooooooooom_ooO.
(Council Member Wishneff and Mayor Harris were absent.)
(Council Member Cutler abstained from voting.)
The Vice-Mayor presented a ceremonial copy of the abovereferenced
resolution to Council Member Cutler.
(See a summary of Council Member Cutler's farewell remarks on page 663.)
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Inasmuch as this was her last
official City Council meeting, Council Member Cutler offered the following
resolution paying tribute to the Honorable Brenda L. McDaniel, Council Member:
(#37420-061906) A RESOLUTION paying tribute to the Honorable Brenda L. I
McDaniel, and expressing to her the appreciation of the City and its people for her
exemplary public service.
(For full text of resolution, see Resolution Book No. 70, Page 344.)
Council Member Cutler moved the adoption of Resolution No. 37420-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Cutler, Dowe, Lea and Vice-Mayor Fitzpatrick 00000004.
NAYS: No nennm_ooooooooooo_ooooon_n____ooooooooo_oooooooooooooooo_____nnooooooooooooooooooooooooooO.
(Council Member Wishneff and Mayor Harris were absent.)
(Council Member McDaniel abstained from voting.)
The Vice-Mayor presented a ceremonial copy of the abovereferenced
resolution to Council Member McDaniel.
(See a summary of Council Member McDaniel's farewell remarks on page 662.)
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DECEASED PERSONS: Council Member Cutler offered the following
resolution expressing sympathy upon the passing of the Honorable A. Victor (Vie)
Thomas, Roanoke native and longtime Delegate to the Virginia General Assembly,
who passed away on Wednesday, April 26, 2006:
(#37421-061906) A RESOLUTION memorializing the late A. Victor (Vie)
Thomas, a native of Roanoke and longtime delegate to the Virginia General
Assembly.
(For full text of resolution, see Resolution Book No. 70, Page 345.)
Council Member Cutler moved the adoption of Resolution No. 37421-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itz pat ri ck nn_n_uuuoooooouu.hnn____ooouoooooooooooooooooouooooouuuuu_ooouu..h_nuuoooooomh 5.
NAYS: N onennnnoooooooooooooooooh.nn____ooooooooooooooooo.hnnnnoooooooooooo____________oooooo_O.
(Council Member Wishneff and Mayor Harris were absent.)
The Vice'Mayor presented a ceremonial copy of the above referenced
resolution to Mrs. Thomas, and called for a moment of silence in memory of
Mr. Thomas.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: On behalf of the
citizens of the City of Roanoke and in recognition of outstanding volunteer
community service, weapons training and qualification, police patrol and special
events coverage, the Vice-Mayor presented Certificates of Appreciation to the
following former Roanoke Auxiliary Police Officers who served from 1966 - 1994:
Lloyd Craddock
Wayne C. Gould
Kraig R. Barker
Raymond B. Firestone
Claude D. Mayo, Sr.
Steven W. McChesney, Sr.
Barry T. Meek
Allen W. Taylor
James L. Phillips
Stanley H. Wszolek
Mark A. Hodges
David L. Albert
Frank F. Davilla
Earl R. Grogan
Arnold W. Reed
Todd Musselwhite
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PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Vice-Mayor presented
a proclamation to John P. Baker, Executive Director, Roanoke Redevelopment and
Housing Authority from May 1997 to May 31, 2006, declaring Monday, June 19,
2006, as John P. Baker Day in the City of Roanoke.
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CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if discussion
was desired, the item would be removed from the Consent Agenda and considered
separately.
OATHS OF OFFICE-COMMITTEES-PENSIONS-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of the following persons was before
Council:
Curtis L. Davis as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term commencing July 1,2006 and
ending June 30, 2008; and
Clarice E. Walker as a member of the Roanoke Neighborhood
Advocates, to fill the unexpired term of Althea L. Pilkington,
resigned, ending June 30, 2006.
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Council Member Cutler moved that the report of qualification be received
and filed. The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fi tz pat ri ck ___n_____ooouooouooom___nn____ooouuuuooounnooo_.__uuoooooouooouuuooo___u_oooooouooo 5 .
NAYS: Non e_________ooooooooooooooooonnn_n_oooooooooooooo___._oo_ooooooooooooooooooooo_mumooooooO.
(Council Member Wishneff and Mayor Harris were absent.)
MARKET SQUARE PARKING GARAGE: A communication from the City
Manager requesting approval of an emergency procurement of professional
engineering services and construction services for the Market Parking Garage
(formerly the Century Station Parking Garage), which involved evaluation and
inspection of the façade portion of the Market Garage, was before Council.
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It was further advised that in mid May 2006 the City requested Sutton-
Kennerly & Associates, Inc., (SKA) to provide a proposal for design of a repair to
one section of the brick façade on the Parking Garage which had been previously
identified as having brick protruding from the façade; following a site visit, by SKA
the company was requested to perform an evaluation and inspection of all of the
façade on the Parking Garage; and part ofthe work was performed by SKA on June
6 and 7, 2006.
It was stated that SKA recommended further inspections involving removal
of some of the brick façade on the north face of the deck as well as erecting
protective fencing around the perimeter of the structure and constructing covered
walkways to allow patrons to enter and exit the facility; SKA confirmed that the
deck could remain open once the work was completed on Saturday, June 10,2006,
with the assistance of Branch & Associates, Inc., and its subcontractor, Alan L.
Amos, Inc.
It was explained that following SKA's inspection of the work, on June 10,
2006, SKA recommended removal of the remaining brick façade on the Parking
Garage; removal of the brick will allow for further evaluation of the precast panels;
and there are no issues concerning the basic structure of the Parking Garage itself.
It was further explained that the City Manager will authorize further
construction services through Alan L. Amos, Inc., or another contractor should
Amos be unavailable, to remove the remainder of the brick façade; removal will
allow SKA to complete inspection and evaluation ofthe precast panes and provide
any associated services in connection with the work; additional emergency
procurements of professional engineering services from SKA will be necessary to
complete the inspection process and to provide recommendations and/or plans
for ultimate repairs that may be needed for the Parking Garage; and any services
or contractors that may be needed as a result of further evaluation by SKA will be
provided on this basis, such as additional fencing or coverings.
Council Member Cutler moved that the communication be received and filed.
The motion was seconded by Council Member Dowe and adopted by the following
vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z pat ri c k - oo. .uu_____ .00- h. _n.n_nnn_n -00---00---.-- 00_.000000.00_··00.00_______0000 _·____________··__h. 5 .
NAYS: Noneoooooo--ooooooooooooooooooooooooooooooooooooooooooooooo_.ooooooo_oooooo__ooooooooooooooo_oooooO.
(Council Member Wishneff and Mayor Harris were absent.)
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REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAG ER:
BRIEFINGS:
EMERGENCY SERVICES: The City Manager advised that several months ago,
during a Council work session, City staff was requested to present a briefing on
the City's emergency operations plan, and it was suggested that a peer
assessment would be appropriate, which was later conducted by the City of
Lynchburg. She introduced Michael Guzo, Emergency Services Coordinator,
accompanied by Fire/EMS Battalion Chief Roger Manuel, both of whom were
directly involved in the assessment.
Mr. Guzo advised that:
·
The criteria used to evaluate the City's level of readiness was
developed internally and adapted from the Federal Emergency
Management Agency "Local Capability Assessment Review" and the
National Fire Protection Association #1600, "Standard on
Disaster/Emergency Management and Business Continuity Programs,
2004 Edition."
· Criteria was assigned to the responsible City departments as outlined
and delegated in the City's Emergency Operations Plan and were
evaluated, substantiated and referenced with supporting documents
and internal procedures.
· The information was then collected, compiled, and coordinated by the
Office of Environmental and Emergency Management, along with
representatives of Fire-EMS and the Police Department.
· On March 30, 2006, a delegation comprised of Emergency
Management, Fire, and Law Enforcement personnel from the City of
Lynchburg reviewed all criteria.
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Findings are summarized in a document entitled, "City of Roanoke: Disaster
Preparedness Assessment," which detailed findings and recommendations
from the City of Lynchburg following an extensive review and interview
process. The report documented detailed findings within the Police
Department, Fire-EMS Department, Emergency Management and all other
City Departments that were identified in the initial assessment process.
Mr. Guzo advised that overall, the findings were positive; however, ten
recommendations for the Fire-EMS Department, four for the Police Department,
and ten for Emergency Management and all other 'emergency functions' were
noted in the report; and most recommendations addressed minor procedural
issues which are under review and corrective actions are being taken.
The following summary of commonalities was provided:
1) Resource Management
.
The above subject addresses mutual aid agreements, standing
contracts with private vendors, and standardization of
speCialized resources for emergency response. Since 9/11, with
pressure added after Hurricane Katrina, there has been a large
push for the development of solid agreements, contracts, and
identification of resources from the State and Federal
government. During an emergency, pre-existing contracts with
vendors, for example, to deliver ice, oxygen, or emergency
generators would relieve the imminent pressure and stress
during the emergency response phase of the incident.
. With regard to Mutual Aid, there are two agreements that have
strengthened inter and intra-state relations and resource
sharing since 9/11. First, is the state-wide' mutual aid
agreement, which is a voluntary network of local government
resources within Virginia, made available to support local
government, of which there are currently 140 entities
participating. Insurance, liability, expectations, and capabilities
are understood, giving way to a quick, efficient response. The
second agreement is the Emergency Management Assistance
Compact, or EMAC, which is an inter-state mutual aid
agreement where currently all 50 states are members. This
Compact allows states to share and request resources in the
same way as the statewide mutual aid agreement.
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Identifying vendors, and creating pre-existing contracts is
important to mutual aid. This is, as a whole, lacking within the
City. Agreements exist currently, but are generally on a
handshake. Lessons learned from Hurricane Katrina made clear
that the City needs more than a handshake to be prepared
should there be additional logistical needs. Resources,
contracts, and memorandums are being addressed in the
updated City Emergency Operations Plan.
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The second common item addressed was National Incident
Management System Training, or NIMS. NIMS is a system
mandated by Homeland Security Presidential Directive (HSPD) 5
that provides a consistent nationwide approach for Federal,
State, local governments, as well as private-sector and
non-governmental organizations, to work effectively and
efficiently together to prepare for, respond to, and recover
from domestic incidents, regardless of cause, size or
complexity. To provide for interoperability and compatibility
among Federal, State, local and tribal capabilities, NIMS
includes a core set of concepts, principles, and terminology.
HSPD-5 identifies these as the Incident Command System, or
ICS, multi-agency coordination system, training, identification
and management of resources - including systems for
classifying types of resources, qualification and certification,
and the collection, tracking, and reporting of incident
information and incident resources.
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· The Department of Homeland Security had mandated that
anyone receiving Federal Homeland Security monies participate
in the minimum training for NIMS. The City has been in the
process of implementing NIMS to emergency response
personnel within the Fire-EMS and Police Departments and
plans to train key City Staff with potential emergency duties
with all minimum NIMS requirements. The City is on schedule
to meet Homeland Security mandates and plans to be fully
NIMS-compliant by October 2006.
2) Sheltering
·
Currently, the City has nine identified shelters, of which eight
are schools and the largest is the Roanoke Civic Center, and
none of the schools have sufficient alternate power generation
to support shelter operation should there be power failures.
This recommendation is 100 per cent budget dependent. The
Office of Environmental and Emergency Management is working
on this shortfall and will be
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incorporating budget requests, as well as seeking Federal
'Shelter-Retrofit' grant opportunities. In addition to human
shelters noted, there was a recommendation for consideration
and development of domestic animal/pet shelters. A future
mandate in development from the Department of Homeland
Security and a plan will be developed to address the issue of
sheltering of animals.
3) Continuity of Operations Planning
. The last recommendation worthy of noting is the development
of a Continuity of Operation Plan. In the event of prolonged
disaster which would or could force the closure or relocation of
City government, it is imperative that essential functions
remain unaffected and no City-wide plan currently exists. A
limited number öf departments, such as Technology, have
specific Disaster Recovery and continuity plans such as their
Redundant Data Center to secure essential software,
applications, and electronic processes in the event of a
disaster. In addition, a committee of key City staff has been
assembled and is currently developing a City-wide plan which
will become an annex to the City's Emergency Operations Plan.
Mr. Guzo advised that a memorandum has been submitted to the City
Manager addressing in further detail the City's plan of corrective actions in
response to the Peer Review Report and recommendations made by the City of
Lynchburg.
Council Member Cutler inquired about involvement by the Western Virginia
Water Authority in the emergency preparedness plan; whereupon, Mr. Guzo called
attention to common mutual aide in the Roanoke Valley, and advised that large
industrial entities such as American Electric Power and the Water Authority are
identified in the current plan, and designated departments within the City will
work as liaison to keep the various entities informed of pertinent information and
any special projects, such as avian flu planning.
Council Member Cutler inquired about the use of school buses for
evacuation purposes, if necessary; whereupon, Mr. Guzo advised that
transportation is an issue of concern, a good line of communication is maintained,
under the revised emergency operations plan all participants will understand their
roles, and transportation is addressed as a part of National Incident Management
System training.
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He stated that following revision of the City's emergency operations plan,
which will include all City departments, the process will move to the exercise and
evaluation phase, consisting of testing, mock drills and various exercises.
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The City Manager advised that tabletop exercises have been conducted in
the past, with participation by school, utility company representatives and others,
in order to review and determine individual responsibilities. She stated that
keeping the Mayor and Members of Council informed is the responsibility of the
City Manager through such forms of communication as facsimile transmissions,
telephone calls, etc.
Council Member Lea stressed the importance of providing shelter with
sufficient alternate power generation to support life safety operations, especially
in view of certain situations that occurred as a result of hurricane Katrina. He also
called attention to the City's responsibility to maintain the safety of those persons
who are incarcerated in the City Jail.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that CDBG, HOME and ESG funds provide for a variety of
activities ranging from housing and community development to homelessness I
prevention and economic development through the U. S. Department of Housing
and Urban Development (HUD); the City has received these entitlement grant
funds for over 30 years and must reapply annually to HUD to receive funding; and
on May 11, 2006, pursuant to Resolution No. 37391-051106, Council authorized
filing the three separate funding applications as part of approving submission of
the 2006-2007 Annual Update to the 2005-2010 Consolidated Plan to HUD.
It was further advised that the funding release process is underway, and
HUD's letter of approval is forthcoming granting the City access to its 2006-2007
CDBG, HOME and ESG entitlements; the 2006-2007 Annual Update approved by
Council included $3,730,478.00 in new entitlement funds, anticipated program
income, funds unexpended from prior year accounts and general funds which will
be used as local match; and actions recommended in the report also include
appropriation of an additional $9,377.00 of HOME funds and an additional
$12,564.00 of CDBG funds being appropriated into unprogrammed accounts for
use in future activities and will be incorporated into the Consolidated Plan at a
later date through a revision or amendment.
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It was explained that acceptance of the funds and appropriation or transfer
to the various accounts are needed to permit 2006-2007 activities to proceed: and
acceptance of the 2006-2007 HOME entitlement requires a local match which will
be satisfied by an appropriation of $ 100,000.00 from City of Roanoke general
funds.
The City Manger recommended that Council take the following actions:
Adopt a resolution accepting 2006-2007 CDBG, HOME and ESG
entitlement funds as set forth below, contingent upon receipt of an
approval letter from HUD;
CDBG 2006-07 Entitlement
HOME 2006-07 Entitlement
ESG 2006-07 Entitlement
TOTAL
$1,904,091.00
680,487.00
80.954.00
$2,665,532.00
Authorize the City Manager to execute the required Grant Agreements,
Funding Approval, and other forms required by HUD in order to accept
the funds, to be approved as to form by the City Attorney;
Appropriate $2,665,532.00 entitlement and $455,431.00 in anticipated
program income to revenue and expenditure accounts in the Grant Fund
to be established by the Director of Finance;
Transfer $80,515.00 in CDBG and HOME accounts from prior years to
projects included in the 2006-2007 CDBG and HOME programs;
Increase the revenue estimate in CDBG revenue accounts by a total of
$357,564.00 and appropriate the funds into project expenditure
accounts; and
Increase the revenue estimate in HOME revenue accounts by a total of
$93,377.00 and appropriate the funds into project expenditure
accounts.
Council Member Dowe offered the following budget ordinance:
(#37422-061906) AN ORDINANCE to appropriate funding for the Community
Development Block Grant, HOME Investment Partnerships Program and Emergency
Shelter Grant Program, amending and reordaining certain section of the 2006-
2007 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 347.)
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Council Member Dowe moved the adoption of Ordinance No. 37422-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
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AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz patrie k n.nnnnnoooooouooo..______nooonooonooo_ooo_.._.n_mooo_ooonmn_.nn_n____.ooo_oooooo.nn 5.
NAYS: No n enn.ooooooooo_ooo._ooo.h___n_____.oooooonnoooooh.n__nooonooo__ooom_h_______m_ooo_O.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following resolution:
(#37423-061906) A RESOLUTION accepting the Fiscal Year 2005-2006 funds
for the Community Development Block Grant program, the HOME Investment
Partnerships program, and the Emergency Shelter Grant program, and authorizing
the City Manager to execute the requisite Grant Agreement with the United States
Department of Housing and Urban Development.
(For full text of resolution, see Resolution Book No. 70, Page 350.)
Council Member Dowe moved the adoption of Resolution No. 37423- I
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itz patri ck n____Uhnnnn_._nooonn_ooonooooooooooo.hnnn.n____oooooo_nooonooon__Uhnn___.ooonooo_ 5.
NAYS: Non e -.- - n u no 00 .____ 00 ---------------00------- 00--- n. - - - - _._ 00 ___ ______00_00_________________00·0.
(Council Member Wishneff and Mayor Harris were absent.)
BUDGET-LANDMARKS/HIST. PRESERVATION-GRANTS: The City Manager
submitted a communication advising that the City of Roanoke received notification
that an application for Certified Local Government (CLG) grant funds was reviewed
and approved by the Virginia Department of Historic Resources (DHR); and funding
will be used to develop a new set of Architectural Review Guidelines to be used by
the Architectural Review Board to evaluate projects in Roanoke's historic districts.
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It was further advised that the approved grant amount of $10,000.00 will be
matched with $10,000.00 in City general funds available from the City Manager's
Contingency, Account No. 001-300-9410-2199, for a total project amount of
$20,000.00; and the grant period is between June 1, 2006 and June 30, 2007.
The City Manager recommended that Council adopt a resolution accepting a
$10,000.00 Certified Local Government Grant for the Virginia Department of
Historic Resources; that the City Manager be authorized to execute the Certified
Local Government Grant Agreement, and any other forms required by the
Department of Historic Resources in order to accept the funds; and that Council
adopt a budget ordinance appropriating $10,000.00 in grant funds and
$10,000.00 in local matching funds to an account to be established in the Grant
Fund by the Director of Finance and establish corresponding revenue estimates.
Council Member Cutler offered the following budget ordinance:
(#37424-061906) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for a Certified Local Government Grant, amending and
reordaining certain sections of the 2005-2006 General and Grant Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 351.)
Council Member Cutler moved the adoption of Ordinance No. 37424-
061906. The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itz patri ck n____..noooooonooon__ooonoooooonnoooooonn.oooooooooooo_oooooooooooooooooo_oooooo._oonn_n_____ 5.
NAYS: Non en------n..___ooonooonooonnoooooonooonooooooooonnn__ooo__ooouh.______n________·___O.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Cutler offered the following resolution:
(#37425-061906) A RESOLUTION authoriZing the acceptance of a Certified
Local Government Grant from the Virginia Department of Historic Resources and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, Page 352.)
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Council Member Cutler moved the adoption of Resolution No. 37425-
061906. The motion was seconded by Council Member Dowe and adopted by the
following vote:
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AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz P at r i c k 00 00 _n_ _.mmnnmm __000 mm.mmnnnmnm_mm_ n 000_000 mmnmn_n._nmm_ -.- 5 .
NAYS: Non e_m_nnmn_.mhnmmmnnmnnnnmnnm_mooh__nnmnmnmmm_·_O.
(Council Member Wishneff and Mayor Harris were absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the City of Roanoke Department of Social Services, in
collaboration with the local departments of Social Services in Roanoke County,
Franklin County, Craig County and Botetourt County, along with Total Action
Against Poverty, Blue Ridge Behavioral Healthcare and Goodwill Industries of the
Valleys, have been awarded an Employment Advancement for TANF Participants
grant from the Virginia Department of Social Services (VDSS), in the amount of
$410,000.00; the above named agencies have formed the Southwest Virginia
Regional Employment Coalition; the grant is intended to assist citizens of
localities who receive Temporary Assistance to Needy Families (TANF) benefits to
obtain employment or, where appropriate, an alternative disability income; the I
grant will be in effect from June 1, 2006 through May 31, 2007, and it is
anticipated that additional funding will be received to extend the grant through
November 30, 2007; and the City of Roanoke will be the primary fiscal agent for
the grant, and will be responsible for distributing grant proceeds to provider
agencies for services provided to local DSS agencies, except that $24,916.00 of
the total grant may be accessed by Roanoke County directly from VDSS.
It was further advised that the abovereferenced grant funding is required to
maintain and improve existing services to the TANF population which will enable
them to obtain employment or, where appropriate, an alternative disability
income.
The City Manager recommended that she be authorized to execute all
appropriate documents related to acceptance of the grant, including additional
funding that may become available, with all documents to be upon form approved
by the City Attorney; and that Council adopt a budget ordinance establishing a
revenue estimate, in the amount of 5385,084.00, and appropriating funds in the
same amount to an expenditure account to be established in the Grant Fund by
the Director of Finance.
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Council Member McDaniel offered the following budget ordinance:
(#37426-061906) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Southwest Virginia Regional Employment
Coalition 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 353.)
Council Member McDaniel moved the adoption of Ordinance No. 37426-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz pat ri c k _.ummmmuoooomoo.m_mmmmmoooommmnm.nnnmnmnmmnnmmn_nn 5 .
NAYS: Non e 0000000 00 moo moo 00 mmmoooommn_m_.nnnmnmnmn.nn_mmm____mm_O.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following resolution:
(#37427-061906) A RESOLUTION authorizing the acceptance of an Employee
Advancement for TANF Participant grant under the Temporary Assistance to Needy
Families (TANF) Project from the Virginia Department of Social Services for the
purpose of maintaining and improving existing services to eligible TANF recipients
which will enable them to obtain employment or, where appropriate, an alternate
disability income; authorizing the City of Roanoke to serve as the primary fiscal
agent for the distribution of such funds to the Southwest Virginia Regional
Employment Coalition; and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant.
(For full text of resolution, see Resolution Book No. 70, Page 354.)
Council Member Dowe moved the adoption of Resolution No. 37427-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz P at r i c k . - 000 00 - 00 00 00000 ____..h__nnnmmmnmmmmm.n_oom 0000000000 -_ 000 mmmmmOOh_h 5 .
NAYS: Nonennmn.-n--oo_mmmmoomoom__moom_mmm_mm..hmoooooomm_mooooO.
(Council Member Wishneff and Mayor Harris were absent.)
16
BUDGET-GRANTS-ClTY INFORMATION SYSTEMS: The City Manager submitted
a communication advising that each patrol vehicle for the Police Department
contains a mobile data terminal (MDT) which enables officers to access crime
information, receive/send messages and requests, receive and clear from
dispatched calls and write police incident reports; the Police Department currently
has over 90 of the units installed in police vehicles; and many of the units are near
or past their five year window of reliable usability.
I
It was further advised that in March 2006, the Police Department applied for
grant funding to replace 17 of the older MDTs; the application was made to the
Office of Justice Programs under the Edward Byrne Memorial Justice Assistance
Grant OAG) solicitation; and as a result of the application, the Police Department
has been awarded $67,273.00 to be used to purchase computer equipment.
The City Manager recommended that Council accept the Mobile Data
Terminal Grant award of $67,273.00 from the Office of Justice programs and the
Edward Byrne Memorial Justice Assistance Grant solicitation; that she be
authorized to execute the grant agreement and any related documents, subject to
approval as to form by the City Attorney; and that Council adopt a budget
ordinance appropriating funds totaling $67,273.00 to be used for the purchase of
equipment and that a corresponding revenue estimate be established in accounts
to be designated by the Director of Finance in the Grant Fund.
Council Member Dowe offered the following budget ordinance:
I
(#37428·061906) AN ORDINANCE to appropriate funding for mobile data
terminals through the Byrne Memorial Justice Assistance 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 355.)
Council Member Dowe moved the adoption of Ordinance No. 37428-
061906. The motion was seconded by Council Member Lea.
Council Member Dowe advised that the Edward Byrne Memorial Justice
Assistance Grant is administered by the Virginia Department of Criminal Justice
Services, to which he serves as an unpaid member of the Board of Directors, and
inquired if he has a conflict of interest in voting on the matter.
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The City Attorney advised that inasmuch as Mr. Dowe receives no
remuneration for his service as a member of the Board of Directors, he has no
conflict of interest and may cast his vote on the issues presently before the
Council.
Ordinance No. 37428·061906 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itz pat ri ck nnnd____mmnmmmmnnn_.n_._____mnmmnmnn_.nnmnn.mmm_nnnnnn 5.
NAYS: N onemm_...moomnmmn.mnnmmnmm__..___oo.m_m_m_mmmmnmnnnO.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following resolution:
(#37429-061906) A RESOLUTION accepting the Mobile Data Terminal grant
to the City from the Office of Justice Programs and the Edward Byrne Memorial
Justice Assistance Grant, and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, Page 356.)
Council Member Dowe moved the adoption of Resolution No. 37429-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz patri c k _mm_nm__mnnnmnmmm..oommmoommmmoonmoonnmnmmmnmmmn 5.
NAYS: N Onem._nnnmnmm__._._____mmnmmmmnm.nmmnnmmmmmm.mnO.
(Council Member Wishneff and Mayor Harris were absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Commonwealth of Virginia has awarded the City
of Roanoke $73,584.00 from the State Interoperability Executive Committee
(SIEC), which funds are awarded to successful applicants for activities that improve
interoperable communications technology in Virginia.
18
It was further advised that during the last decade, the Roanoke Metropolitan
Service Area's (RMSA) governmental partners and public safety agency
stakeholders have worked to establish and to improve interoperability throughout
the region to better respond to emergency events, coordinate safety services at
incident sites, build cooperative relationships among first responders, expand
channels of communication, and prevent terrorist related attacks; however, there
is still the need for first responders with disparate radio systems to effectively
communicate when arriving on scene during a natural or man-made disaster.
It was explained that the City of Roanoke has been awarded grant funding to
be used to purchase 800mhz portable radios for issuance to first responders; the
purchase of 38 Motorola XTS2500 handhelds presents an innovative solution in
addressing disparate radio systems for first responders; because Roanoke serves
as the hub of emergency services for the southwestern quadrant of Virginia, it is a
perfect centralized location to house the new units, making the units accessible to
numerous other jurisdictions within the state and surrounding states; and because
the City of Roanoke is at a critical rail and interstate nexus, a problem in Roanoke
could freeze rail and truck traffic along a major transportation corridor; the
availability of a significant number of radios in Roanoke can streamline
communications and make a critical difference in the ability offirst responders to
handle major emergencies; and because the City of Roanoke currently has Mutual
Aid Agreements in place with numerous cities and counties in the region, addition
of the radios will serve to upgrade communications capabilities of agencies that
together serve a population of nearly three-quarters of a million citizens.
It was noted that equipment will be purchased before the mandatory
deadline of October 31, 2006, as set forth by the State Interoperability Executive
Committee.
The City Manager recommended that Council accept the Commonwealth of
Virginia Interoperable Communications Grant and that she be authorized to
execute the grant agreements and any related documents, subject to approval as
to form by the City Attorney; and that Council adopt a budget ordinance
appropriating $73,584.00 to be granted by the Commonwealth of Virginia to be
used for the purchase of equipment; and establish a corresponding revenue
estimate in an account to be designated by the Director of Finance in the Grant
Fund.
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Council Member Lea offered the following budget ordinance:
(#37430-061906) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Interoperable Communications 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 358.)
Council Member Lea moved the adoption of Ordinance No.3 7430-061906.
The motion was seconded by Council Member McDaniel and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z pa t ri c k _.u 000 _u U mmm..mmn_.mmmmmm..mm.moomUuu mmunu..mmooooU_uu 5 .
NAYS: No n en_.uuuumumm_.m.n_oo_mmummmmn__.nn___mm_m_________m__m_O.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following resolution:
(#37431-061906) A RESOLUTION authorizing the acceptance of a grant from
the Commonwealth of Virginia State Interoperability Executive Committee to be
used to purchase 38 Motorola XTS2500 handhelds for issuance to first
responders; and authorizing the execution of the necessary documents, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 70, Page 360.)
Council Member Dowe moved the adoption of Resolution No. 37431-
061 906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z P at r i c k - u - - u - u ._n _..nnmnmmnm_n_.umum U 000 mmmmnn___.mnnnmmmm__ooou 5 .
NAYS: Non e umummm_m.m_.nmnm_.m__moomoom.mummmmumuu__m·____O.
(Council Member Wishneff and Mayor Harris were absent.)
20
BUDGET-PARKS AND RECREATION-FLOOD REDUCTION/CONTROL: The City
Manager submitted a communication advising that the Roanoke River Flood
Reduction Project was proposed by the United States Army Corps of Engineers in
1984 and approved by a voter referendum on April 11, 1989; as part of the Local
Cooperation Agreement between the City and the Corps of Engineers for design
and construction, the City of Roanoke is required to acquire all necessary property
rights; and authorization to acquire property rights was granted by Council,
pursuant to Ordinance Nos. 29733-91189, 34629-010400, and 35713·012202.
It was further advised that property rights acquisition, Phase II, includes
affected properties between the City of Roanoke/Salem boundary and the Hannah
Court area; a map was transmitted to Council showing the extent of Phase II and a
list of parcel numbers and property owners for property that needs to be acquired
for Phase II; a substantial portion of Parcel 1221406 is needed for the Roanoke
River Flood Reduction Project; the remainder of Parcel 1221406, designated Tract
A-I, and Parcel 1221301, shown on Tract B, are identified for future park and
recreational uses in conjunction with the proposed Roanoke River Greenway; this
use for open space and recreation purposes is identified in the Future Land Use
Plan and Quality of Life section of the Hurt Park - Mountain View - West End
Neighborhood Plan adopted by Council on June 16, 2003, as a component of
Vision 2001-2020, the City's Comprehensive Plan; and sufficient funds have been
appropriated in Account No. 008-056-9620 to support acquisition of property
rights.
The City Manager recommended that Council adopt an ordinance
authorizing the City Manager and the City Attorney to take all necessary measures
to acquire all property rights necessary for Phase II ofthe flood reduction project,
and the remainder of tax parcel 1221406 and all of tax parcel 1221301 for open
space, park and recreational purposes; and such property rights may be acquired
by negotiation, or eminent domain, and may include fee simple, permanent
easements, temporary construction easements, rights-of-way, licenses or permits,
etc.
Council Member Cutler offered the following ordinance:
(#37432-061906) AN ORDINANCE authorizing the City Manager to take
appropriate action to acquire certain real estate and interests in real estate
needed by the City for the construction and development of Phase II of the
Roanoke River Flood Reduction Project; authorizing the City Manager to establish
the consideration to be offered by the City for each parcel; authorizing the
acquisition of such property by condemnation if a voluntary purchase cannot be
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obtained; authorizing the City Attorney to make motion for the award of a right of
entry on any of the parcels for the purpose of commencing the development of the
Project; authorizing the inclusion of any required City owned real estate in such
Project: authorizing access to the property by the United States Army Corps of
Engineers; and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, Page 361.)
Council Member Cutler moved the adoption of Ordinance No. 37432-
061906. The motion was seconded by Council Member Lea.
I
Council Member Cutler advised that he supports adoption of the
abovereferenced ordinance which authorizes acquisition of property located at the
Hannah Court Mobile Home Park on the Roanoke River. He stated that this
property, when combined with the adjoining property to be acquired for the Flood
Reduction Project, lends itselfto becoming one of the premiere recreational parks
in the City of Roanoke; and its view of the Roanoke River and its role as a right·of-
way for the Roanoke River Greenway make an essential component of a future
Roanoke River Park. He added that as he leaves his post on City Council it is
hoped that seed he has tried to plant in the form of an idea of a Salem to Vinton
City Park along the Roanoke River will germinate and become a reality, and the
abovereferenced property acquisitions will help to make the River Park from one
end of the City to the other an eventual reality.
Ordinance No.3 7432·061906 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz patri c k m_n_mmmnnmuummm.m__..nnn.mmmnnn_ooonm_mm__nn__munm_.m 5.
NAYS: Non ennnmm__nmnm.mn.nnm_mnnnnm_mmm_.mmmm._mmmnnnO.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Cutler offered the following ordinance:
(#37433-061906) AN ORDINANCE authorizing the City Manager to take
appropriate action to acquire certain property consisting of Official Tax Map No.
1221301 and a portion of Official Tax Map No.1 221406 for the development of
open space, park, and recreational purposes; authorizing the acquisition of such
property by condemnation if a voluntary purchase cannot be obtained;
authorizing the City Manager to establish the consideration to be offered by the
City for such parcels; and dispensing with the second reading of this ordinance by
title.
I (For full text of ordinance, see Ordinance Book No. 70, Page 363.)
22
Council Member Cutler moved the adoption of Ordinance No. 37433-
061906. The motion was seconded by Council Member Dowe and adopted by the
following vote:
I
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itz pat ri ck __m_mm_mmnnnn_mmhnnnnmmmhm__nmmnh.mnnnnmnuoonn_mn__ 5.
NAYS: Non e _mhnnnnnn mmoohnn__m 000 _000000000000000000_ mm_nmnnnm 0000_000000__0.
(Council Member Wishneff and Mayor Harris were absent.)
TRAFFIC-CITY CODE·WEED ABATEMENT PROGRAM: The City Manager
submitted a communication advising that with the support of Council, she
requested City staff to evaluate how the City abates blight issues; in an effort to
better address the blight issues within the City, the City Manager established a
code enforcement review team comprised of members from several City
departments; and the code enforcement review team has worked together to
identify more efficient and effective ways to aggressively address blight issues
within the City of Roanoke.
It was further advised that in an effort to streamline the notification
process, the code enforcement review team worked with the City Attorney's Office I
to evaluate whether or not a more efficient method of notifying the owner of a
property can be utilized under state law; currently the property owner is notified
by certified mail that they are in violation of the City's nuisance weed and trash
ordinance; if an owner has an inoperable vehicle located on their property, the
current practice is to post a notice on the vehicle and to notify the owner by
certified mail; the cost of the certified mailings is in excess of $12,000.00 per
year; the code enforcement review team has requested that a more streamlined
notification process be created that would eliminate the need to send the notice
by certified mail; proposed City Code changes would standardize the notice
process for violations of the nuisance weed and trash ordinance with the
inoperable vehicle ordinance; the new notice procedure would require that each
property, upon which there is a violation be posted with a notice in a conspicuous
location, and that the notice either be served on the owner in person or mailed to
the owner via regular mail; the proposed process streamlines the notification
process for City staff while preserving an effective method of notification to the
owner; and after making such service, staffwil prepare an affidavit certifying that
the property has been posted and that the required notice has been mailed to the
owner.
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It was explained that the code enforcement review team held several
neighborhood meetings to receive input from the public on neighborhood
concerns related to code enforcement issues; proposed code amendments are a
first step by the City to address some of the neighborhood concerns that were
expressed at the public meetings; the City has also worked with the
Commonwealth Attorney's Office to have a prosecutor dedicated to the
prosecution of code enforcement violations; the City is also cross training its
employees to improve the City's enforcement efforts; and the code enforcement
review team will continue to work with various City departments, the City
Attorney's Office, and neighborhoods to identify and implement efficiencies in the
City's code enforcement efforts.
The City Manager recommended that Council adopt ordinances amending
Section 20-127, Notice of Violation; Section 20-129, Disposal of unclaimed
inoperable vehicles, and Section 33-20, Notice of removal of weeds; preabatement
hearing, of the Code of the City of Roanoke (1979), as amended, to change the
method of notifying the owner of property on which there is an inoperable motor
vehicle, or the owner of a property with nuisance weeds or trash, effective July 1,
2006.
Council Member Dowe offered the following ordinance:
(#37434-061906) AN ORDINANCE amending and reordaining §20-127,
Notice of Violation, of Article VI, Keepinq of Inoperable Motor Vehicles, of
Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended; providing for an effective date; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 363.)
Council Member Dowe moved the adoption of Ordinance No. 37434·
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice·Mayor
F itz pat ri ck uuum_nnmmmm_nmm__hmnnnomnmmnnm_mm__...nmmummmmnn 5.
NA YS: N Onemmmmm_oooonmmnmnm.m_nnmmm_n..oo_ummm_mmmnm_m·O.
(Council Member Wishneff and Mayor Harris were absent.)
24
Council Member Dowe offered the following ordinance:
(#37435-061906) AN ORDINANCE amending and reordaining §20-129,
Disposal of unclaimed inoperable motor vehicles, of Article VI, Keepinq of
Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, Code ofthe
City of Roanoke (1979), as amended; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 364.)
Council Member Dowe moved the adoption of Ordinance No. 37435-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz patrie k _.n_m_mm_munn_..mmnmmmnmmmm.mm.n.m_n_mm_m_.n._mn_nnn 5.
NAYS: No ne_nnn._mnnm_nmmnhnnm.n_mnmnmmnnnn__._mnnmnm._mnnO.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following ordinance:
(#37436-061906) AN ORDINANCE amending and reordaining §33-20, Notice
of removal of weeds: preabatement hearinq, of Article II, Weed and Trash
Abatement, of Chapter 33, Veaetation and Trash, Code of the City of Roanoke
(1979), as amended; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 366.)
Council Member Dowe moved the adoption of Ordinance No. 37436-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice'Mayor
F itz patrie k __mm_m._mmm_oommh__hnnmnm_mn_mnmnmnnmnmm_.n_nnmn_nn_ 5.
NtI),S:NClne -----------.-.---.---.---------------------------.---------·------------------·-----·----------Cl.
(Council Member Wishneff and Mayor Harris were absent.)
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CITY CODE-ANIMALS/INSECTS: The City Manager submitted a
communication advising that during the 2006 Session, the General Assembly of
Virginia amended State Code enabling provisions governing the enforcement of
laws related to dangerous and vicious dogs; among other things, State law now
requires that the court determine that a dog is either dangerous or vicious;
previously, State law allowed a local government to adopt its own dangerous and
vicious dog ordinance, paralleling State law; the present City ordinance allows the
City's animal control officers to determine whether a dog is dangerous or vicious;
if the dog's owner disagrees with the animal control officer's determination, the
owner can appeal such determination to the General District Court; under new
State law, the animal control officer, or a law enforcement officer, must file an
application with the Magistrate to have the owner summoned before the General
District Court for a hearing to determine whether a dog is dangerous or vicious;
the City must prove its case that the dog is dangerous or vicious beyond a
reasonable doubt; changes in the proposed ordinance are required in order for the
City Code to comply with revised State enabling legislation; and other required
changes pertain to the definitions of "dangerous" and "vicious" dogs, new
requirements that such dogs be reported to a new State registry of such dogs, and
other procedural changes.
The City Manager recommended that Council amend §6-22, Definitions, and
Division 3, Danqerous and Vicious Doqs, of Article II, Dogs Generally, Chapter 6,
Animals and Fowl, Code of the City of Roanoke (1979), effective July 1, 2006.
Council Member McDaniel offered the following ordinance:
(#37437-061906) AN ORDINANCE amending and reordaining §6·22,
Definitions, and Division 3, Danqerous and Vicious Doqs, of Article II, Doqs
Generallv, of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as
amended; providing for an effective date; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 368.)
Council Member McDaniel moved the adoption of Ordinance No. 37437-
061906. The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz P at r i c k 00 _________uoum.nnnmnmnmm.nnnnoooonm__m.mmmmmmm 00000 000 0000000000 5 .
NA1fS: None-------------------------------·------·-··-···--------------------.-..-------------------------().
(Council Member Wishneff and Mayor Harris were absent.)
26
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
communication advising that in 1991, the Virginia General Assembly passed State
legislation allowing local law enforcement to seize and have forfeited property
connected with illegal narcotics distribution; the law also makes it possible for
police departments to receive proceeds from forfeited properties; application for
an equitable share of the property seized by local law enforcement must be made
to the Department of Criminal Justice Services, Forfeited Asset Sharing Program,
and certified by the Chief of Police; property, including funds shared with State
and local agencies, may be used only for law enforcement purposes; program
requirements mandate that the funds be placed in an interest bearing account and
that interest earned be used in accordance with program guidelines; and revenue
totaling $21,997.00 has been collected and is available for appropriation in the
State Asset Forfeiture Account Nos. 035·640-3302-3299 and 035-640-3302-3300.
It was further advised that drug and other undercover investigations extend
past the normal work day/period, thus requiring overtime; and State funds will be
used to cover overages in overtime expenses for drug and other undercover
activities.
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It was explained that in 1986, Congress authorized the transfer of certain
Federally forfeited property to State and local law enforcement agencies that
participated in the investigation and seizure of the property; application for an I
equitable share of property seized by local law enforcement must be made to the
U. S. Department of Justice and certified by the U. S. Attorney; the property,
including funds shared with State and local agencies, may be used onlv for the
purpose stated in the application, i.e., narcotics investigations related to law
enforcement; and participation in Federally forfeited property enhances the
effectiveness of narcotics investigations by providing necessary investigations
equipment, investigative funds, and funds offset the costs that would otherwise
have to be borne by the City's taxpayers.
It was noted that the Police Department receives funds periodically from the
Federal government's asset sharing program; grant requirements mandate that
the funds be placed in an interest bearing account and that interest earned be
used in accordance with program guidelines; and revenue totaling $116,774.00
has been collected and is available for appropriation in Federal Asset Forfeiture
Account Nos. 035-640-3304-3305 and 035-640-3304-3306.
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The City Manager recommended that Council adopt an ordinance increasing
Grant Fund revenue estimates and appropriating funds for the State Asset Sharing
and Federal Forfeited Property Sharing grants, as follows:
Revenues:
State Asset Forfeiture - Interest
State Asset Forfeiture
Federal Forfeiture
Federal Forfeiture - Interest
035-640-3302-3299
035-640·3302-3300
035-640-3304-3305
035-640-3304-3306
$ 1,189.00
20,808.00
92,431.00
24,343.00
Appropriations:
Overtime Wages
FICA
Investigations and Rewards
035-640-3302-1003
035-640-3302-1120
035-640-3304-21 SO
$20,434.00
1,563.00
116,774.00
Council Member Dowe offered the following budget ordinance:
(#37438-061906) AN ORDINANCE appropriating funding for the State Asset
Sharing Program and Federal Forfeited Property 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 376.)
Council Member Dowe moved the adoption of Ordinance No. 37438-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz patri c k --.-u-_._u.u.uuuou_uu.u.uumu.ummmmmmu_nnm.m_m.mn.__._.._·m_.m 5.
N)\'(S: NC>nE!---------·-------------·----------------------------------------------------------------------Cl.
(Council Member Wishneff and Mayor Harris were absent.)
28
BU DGET-HOUSING/ AUTHORITY-TOTAL ACTION AGAINST POVERTY·GRANTS:
The City Manager submitted a communication advising that since 1965, Total
Action Against Poverty (TAP) has developed and executed programs that promote
adequate housing, employment, health and nutrition, and education for the
citizens of Roanoke and surrounding areas; for the past three years, TAP's
Emergency Home Repair (EHR) program, formerly the Helping Elderly Live
Pleasantly (HELP) program, performed emergency home repairs for approximately
84 needy citizens of Roanoke; and a total of $100,000.00 in Community
Development Block Grant Funds (CDBG) has been provided to TAP to conduct such
activities during the 2005-2006 period.
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It was further advised that in July 2005, the City approached TAP to assist a
family in need of extraordinary emergency repairs to their home; total cost of
repairs was approximately $27,000.00, which was significantly above TAP's normal
average repair costs of $3,500.00 per home; and given the considerable amount
of funds provided to the project, the program will not be able to assist as many
residents as planned.
It was explained that in order for TAP to serve the intended number of
homeowners under the current CDBG agreement, authorization by Council is
needed to execute an amendment in order to add $24,000.00 to the agreement;
CDBG funds needed for the amendment will be transferred from unprogrammed I
funds; and, in addition, a 31-day extension to the agreement is needed to
complete work on the homes.
The City Manager recommended that Council take the following actions:
Authorize the City Manager to execute an amendment to the 2005-2006
CDBG Subgrant Agreement with Total Action Against Poverty, to be
approved as to form by the City Attorney, to increase funding by
$24,000.00 and to extend TAP's agreement through July 31, 2006.
Adopt an ordinance transferring $24,000.00 in CDBG funds as follows:
Transfer S2,688.00 from Account No. 035-G03'0320-5468 (World
Changers 2005) to Account No. 035-G03-0320-5470 (TAP-
Emergency Home Repair).
Transfer $18,159.00 from Account No. 03 5-G04-0420-53 54
(BRHDC Connect Four) to Account No. 035-G04-0420-5470 (TAP-
Emergency Home Repair).
Transfer $3,153.00 from Account No. 035-G05-0530-5439 I
(Gainsboro/Gilmer Façade Grants) to Account No. 035-G05-0520-
5470 (TAP-Emergency Home Repair).
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Council Member Dowe offered the following budget ordinance:
(#37439-061906) AN ORDINANCE to appropriate additional funding for the
TAP Emergency Home Repair Program, 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 377.)
Council Member Dowe moved the adoption of Ordinance No. 37439-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F itzpa t ri ck _._n__nmnn...m__oomm_mm_moommoooomoo__mmoomoooomm_.__mnmnmn_n 5.
NI\,(Si: N()IlE!------·---·----------------------------------------·---------------------·---------------------0.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following resolution:
(#37440-061906) A RESOLUTION authorizing the City Manager to execute
Amendment NO.1 to the 2005-2006 CDBG Subgrant Agreement with Total Action
Against Poverty and to extend the Subgrant Agreement through July 31,2006,
upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 70, Page 378.)
Council Member Dowe moved the adoption of Resolution No. 37440-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz P at ri c k 00 000 000 -0000000-0000000-00000000000000.00000000000000000000--000000000000--.00.00- _000000000000000 moo - 5 .
NAYS: Non e mn_mnm_nnnmm_nnmnnnmmmnmnm______mm 00000000000000000000000.
(Council Member Wishneff and Mayor Harris were absent.)
30
BUDGET-HUMAN DEVELOPMENT-FIFTH PLANNING DISTRICT COMMISSION: I
The City Manager submitted a communication advising that the Fifth Planning
District Commission Disability Services Board (DSB) is responsible to local
governments and serves as a critical resource for needs assessment, information
sharing and service opportunities for citizens with disabilities, their families and
the community; the following jurisdictions in the Fifth Planning District have
enacted resolutions establishing participation in a regional effort and have
appointed a local official to serve: the Cities of Roanoke, Salem, and Covington;
the Counties of Roanoke, Craig, Botetourt, and Alleghany and the Towns of Clifton
Forge and Vinton; other members of the DSB include representatives from
business and consumers; and the City of Roanoke serves as fiscal agent for the
Fifth Planning District Disabilities Services Board.
It was further advised that the State Department of Rehabilitative Services
has allocated funds in the amount of $14,800.00 for a one-year period to continue
local staff support for administration of the Fifth District DSB.
The City Manager recommended that she, or her designee, be authorized to
enter into a contract with existing DSB staff support to continue the provision of
local administrative support; and that Council appropriate $14,800.00 to an
account to be established by the Director of Finance in the Grant Fund and
establish revenue in a corresponding amount.
Council Member Dowe offered the following budget ordinance:
I
(#37441-061906) AN ORDINANCE to appropriate funding for the Fifth
District Disability Services Board 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 379.)
Council Member Dowe moved the adoption of Ordinance No. 37441-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z P at r i c k - - 000 _n_ - mmnn.nnmnmmmm._nn_._mnmnm_ n 000 n m_m_oomummmnmnn 5 .
NAYS: Nonemmmm_mmmmnm_m_nmnmoomm._mm..mnmn____.mnm_m_mO.
(Council Member Wishneff and Mayor Harris were absent.)
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Council Member Dowe offered the following resolution:
(#37442-061906) A RESOLUTION authorizing the City Manager to enter into a
contract with the Fifth Planning District Commission Disability Services Board
("DSB") staff to provide continuing local administrative staff support, upon certain
terms and conditions.
(For full text of resolution, see Resolution Book No. 70, Page 380.)
Council Member Dowe moved the adoption of Resolution No. 37442-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z pa t ri c k .. _n. -00- nnmn_n_.._m_uu_um_mum mmu.uuumuum_mum__..n.nnnnnnn. 5 .
NAYS: Nonemmm--....nnnmnm_oo_.ooooomm_oomm_mm__._uuummuuumum___O.
(Council Member Wishneff and Mayor Harris were absent.)
CONVENTION AND VISITORS BUREAU-TOURISM: The City Manager
submitted a communication advising that the City of Roanoke has annually
entered into an agreement with the Roanoke Valley Convention and Visitors
Bureau (RVCVB) to provide funds for marketing of the Roanoke Valley as a
convention and destination tourism site; as part of the annual budget adopted by
Council on May 11, 2006, the Memberships and Affiliations budget includes funds
totalling $ 511,440.00 specifically designated for the RVCVB; and an additional
$306,000.00 is designated in the annual budget for marketing efforts and will go
to the RVCVB, subject to an adjustment provision as set forth in the agreement.
It was further advised that the City has negotiated a one-year agreement,
commencing July 1, 2006, with the RVCVB detailing the use of funds; the
agreement provides for the same number of City of Roanoke representatives on
the RVCVB Board of Directors as last year; the agreement also contains a mutual
indemnity clause in paragraph 9 which requires approval by Council; the RVCVB
submitted a detailed report listing its accomplishments through April 2006, and
an annual budget and work plan for fiscal year 2006-2007 will be submitted to the
City Manager for review and approval, following approval by the RVCVB Board of
Directors.
32
The City Manager recommended that she be authorized to execute an I
agreement in the amount of $817,440.00 with the RVCVB, in a form to be
approved by the City Attorney, for the express purpose of marketing the Roanoke
Valley as a regional destination for convention and destination tourism.
Council Member Dowe offered the following resolution:
(#37443-061906) A RESOLUTION authorizing an agreement with the
Roanoke Valley Convention and Visitors Bureau for the purpose of increasing
tourism in the Roanoke Valley.
(For full text of resolution, see Resolution Book No. 70, Page 381.)
Council Member Dowe moved the adoption of Resolution No. 37433-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz pat ri ck n__n_mnmnmm_._mu.mm_n_nnnnmum_h.nn____mm.nmmuh_m.nnm_m 5 .
NAYS: Nonemnmmm_mh.n.mm_nnnnmmm_hnn__mnm.mmm.____mmm_mnO.
(Council Member Wishneff and Mayor Harris were absent.)
I
LEASES-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that the City of Roanoke currently leases 3,444.5 rentable
square feet of office space at 111 Franklin Road, Suite 200, for the Economic
Development Division of the Department of Planning Building and Economic
Development; and is currently in the second year of a three-year lease.
It was further advised that funding for the lease was included in the
Economic Development Division budget; the division would like to lease an
additional 900 rentable square feet of space on the third floor of 111 Franklin
Plaza in order to create two additional offices which would house the newly
created Public Art Coordinator, Special Projects Coordinator, and allow sufficient
space for an intern and a storage-production area; the additional space would be
leased at the same per square foot rate as the existing lease; and annual rental of
the additional space will be paid in monthly installments, as follows:
July 1, 2006 - May 31,2007 1$14,025.00
(11 months)
- --- --- ---.
Junel,2007-Ma 31,2008 $15,525.00
$1,275.00 per month
$1,293.75 er month
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It was explained that amendment for additional space would be coterminous
with the current Economic Development lease; neither the existing lease nor the
Amendment for additional space includes a renewal clause; and additional rent will
be funded for the next year through the City Manager's Contingency Fund.
The City Manager recommended that she be authorized to execute the
second amendment to the lease agreement with Crown Roanoke, LLC, a Virginia
Limited Liability Company, for 900 rentable square feet of office space on the
third floor of 111 Franklin Plaza for a period of two years, beginning July 1,2006
and ending May 31, 2008; with all documents to be upon form approved by the
City Attorney.
Council Member Dowe offered the following ordinance:
(#37444-061906) AN ORDINANCE authorizing the City Managerto execute
an amendment to the lease agreement dated May 16, 2005, between the City of
Roanoke and Crown Roanoke, LLC., a Virginia limited liability company, to execute
a second amendment to the lease agreement for an additional 900 square feet on
the third floor of 111 Franklin Road, Roanoke, Virginia, for a period of two years,
beginning June 19, 2006, and expiring May 31, 2008; upon certain terms and
conditions, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 382.)
Council Member Dowe moved the adoption of Ordinance No. 37444-
061906. The motion was seconded by Council Member Cutler and adopted by the
follOWing vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z pat ri c k - 000 000 - n_ mmmmmmnmmmnnnn.__mmmnmn_nnnmnmmnnnmmmnm 5 .
N)\),Si; NCll1e---------··-·····---·--·····---------·---------------------------------------------------------Cl.
(Council Member Wishneff and Mayor Harris were absent.)
BRIDGES: The City Manager submitted a communication adVising that on
December 6, 1999, Council awarded a contract to Hayes, Seay, Mattern & Mattern,
Inc. (HSMM) for design of the Downtown North Parking Garage (Gainsboro) and the
First Street Bridge (since renamed the Martin Luther King, Jr., Memorial Bridge);
four amendments to the contract have been executed for additional design
services; and the original contract was for $560,000.00 and four amendments
totaled S306,567.00.
34
It was further advised that City staff has negotiated a contract amendment I
for construction administration services for reconstruction of the Martin Luther
King, Jr. Memorial Bridge, in the amount of $99,990.00; contract term will run
concurrent with the contract for construction; approval of the contract amendment
by Council is necessary inasmuch as amendments exceed 25 per cent of the initial
contract value; and funding is available in Account No. 008-052-9574 "First Street
Pedestrian Bridge" for the proposed amendment.
The City Manager recommended that she be authorized to execute
Amendment No.5 for the abovereferenced additional services with Hayes, Seay,
Mattern & Mattern, Inc., in the amount of $99,990.00.
Council Member Dowe offered the following resolution:
(#37445-061906) A RESOLUTION authorizing the City Manager to execute
Amendment No.5 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc.,
for additional engineering services for the Downtown North Parking Garage
(Gainsboro) and First Street Bridge.
(For full text of resolution, see Resolution Book No. 70, Page 383.)
Council Member Dowe moved the adoption of Resolution No. 37445- I
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz patri ck oooo_m_m._muo.n_noom.mm_mm.nmnnn_mm_moo_mm_.nnnm_oooooooommu 5 .
NAYS: Non e _.000000000000000000_00000 00.00 000.0000_00000000000000000 00- 000 moo oo. 00 00___.000000__00000000 O.
(Council Member Wishneff and Mayor Harris were absent.)
BUDGET-INDUSTRIES·ECONOMIC DEVELOPMENT: The City Manager
submitted a communication advising that in 2005, United HealthCare Services, Inc.
(UHS), a wholly owned entity of United HealthGroup, requested assistance from the
City to help UHS maintain and expand operations in the facility that it leases at
3645 Thirlane Road, N. W.; City staff worked with UHS and arrived at the
recommendations contained in the communication; the 160 permanent, full-time
jobs existing at the faCility in June 2005 will remain and at least 250 additional
new, permanent, full-time jobs will be created on or before December 27,2007; a
Performance Agreement with UHS provides for up to $ 50,000.00 in funds for
retraining permanent City residents who were employed at the facility as of June
27, 2005, and up to another $50,000.00 for permanent City residents hired on or I
after June 28, 2005, and before December 27, 2007; grants of $500.00 per City
resident will be made by the Industrial Development Authority of the City of
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Roanoke (IDA); all job positions will have to continue without interruption from the
date of creation through either the date that the total grant amount is paid, or
December 27, 2007, whichever occurs first; if such job positions are not
maintained by UHS, no further job grants may be requested; details of the
provisions, as well as other terms ofthe Agreement, are set forth in a Performance
Agreement; and since City provided funds will not be paid until grant
requirements are met, no repayment provision is needed in the Agreement.
The City Manager recommended that Council take the following actions:
Approve the substance of the terms of the Performance Agreement
among the City, the IDA, and UHS as set forth in an attachment to the
communication and determine that such grants provided for by such
Agreement will promote economic development within the City and
the Roanoke Valley.
Authorize the City Manager to enter into a Performance Agreement
with United HealthCare Services, Inc., and the Industrial Development
Authority of the City of Roanoke, in a form to be approved by the City
Attorney.
Authorize the City Manager to take such actions and to execute such
documents as necessary to implement and administer the
Performance Agreement.
Appropriate $100,000.00 from the Economic and Community
Development Reserve to an account to be established by the Director
of Finance in the Capital Projects Fund.
Council Member Dowe offered the following budget ordinance:
(#37446-061906) AN ORDINANCE to appropriate funding from the Economic
and Community Development Reserve to the United HealthCare Services Project,
amending and reordaining certain sections of the 2005-2006 Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 384.)
Council Member Dowe moved the adoption of Ordinance No. 37446-
061906. The motion was seconded by Council Member Lea.
36
In response to a question by Council, City Manager advised that payments
will be made only for City residents who are trained or retrained in jobs, and the
employment of those persons who currently reside in the City of Roanoke is
encouraged, as opposed to filling the jobs by persons who live in surrounding
jurisdictions.
I
Ordinance No.3 7446-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fit z P at r i c k - 0000'00 _nnmn_m 00 moo moo mmooh_mnnmnm_noooo _00 00 000000_.0000000000._00000_000____ 5 .
NAYS: Non emoooooo_.mmmoom_.nnn.nnnm_mmmm_oomm_hn.n_noooomoooooom·_O.
(Council Member Wishneff and Mayor Harris were absent.)
Council Member Dowe offered the following ordinance:
(#37447-061906) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the
Industrial Development Authority of the City of Roanoke, Virginia (IDA), and United
HealthCare Services, Inc., (UHS), that provides for certain undertakings by the
parties in connection with the maintenance and creation of certain jobs by UHS I
within the City of Roanoke; to provide for the appropriation of up to $100,000.00
by the City to the IDA for grants to UHS for the purpose of economic development,
as further set forth below; and dispensing with the second reading by title of this
Ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 385.)
Council Member Dowe moved the adoption of Ordinance No. 37447-
061906. The motion was seconded by Council Member McDaniel and adopted by
the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz pat ri ck n_n_n_nnnmmnnmn._..mmmoo_mmoooommmoooommmoomoom_h__mnn.m_ 5.
NAYS: Non e - mmoooo.oooomoommm_oo...oooonmnnnnm__mmnmnmnnn.noooooomooO.
(Council Member Wishneff and Mayor Harris were absent.)
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DIRECTOR OF FINANCE:
CITY CODE-PENSIONS: The Director of Finance submitted a communication
advising that the City of Roanoke Pension Plan (the Plan) is a multi-employer Plan;
the Plan covers substantially all full-time regular employees of the City of Roanoke,
the Roanoke Regional Airport Commission, and the Roanoke Valley Detention
Commission, certain employees ofthe Roanoke Valley Resource Authority, certain
employees of the Western Virginia Water Authority, and certain non-professional
City School Board employees; employees of the City Sheriff's Department are not
covered by the Plan; and the City Code is periodically amended in order to clarify
or modify provisions to maintain equity and· operational compliance with
governmental regulations.
It was further advised that the Western Virginia Water Authority was created
in July 2004; §22.2-2 of the Code of the City of Roanoke was modified to provide
for existing employees to continue participating in the Plan, and new employees
participating in the Virginia Retirement System; and in order to synchronize the
previous modification to one relating to the Roanoke Valley Resource Authority, an
additional statement should be added to the City Code to indicate that "no new
employees hired on or after July 1,2004 shall be eligible to participate in the City
Plan".
It was explained that certain non-professional City School Board employees
have historically participated in the Plan, while professional employees ofthe City
School Board have participated in the Virginia Retirement System (VRS); in order to
maintain consistency among all employees and to provide comparable benefits,
effective July 1, 2006, all new School Board employees will participate in VRS;
employees currently employed will maintain enrollment in the City Plan until
separation from service or retirement; and the School Board modified its
administrative procedures on March 7, 2006 to coincide with the change, effective
July 1, 2006.
It was further explained that during recent years, the City has had several
employees with full-time positions who have worked less than a full-time schedule
and received full service credit for purposes of retirement credit; the current City
Code does not provide for a service credit proration for positions eligible for the
retirement benefit working less than full time; and in order to provide service
credit consistent with service performed, language should be added to the City
Code to provide for a pro-rated benefit for employees whose work schedule is less
than full time for a specific position.
38
The Director of Finance recommended that Council adopt an ordinance that
will:
· Clarify that after July 1, 2004, no new members of the Western
Virginia Water Authority may become members of the Plan.
· Provide that effective July 1, 2006, no new School Board employees
will become members of the Plan.
· Provide that employees that work less than a full-time schedule and
earn pension benefits will receive pro rata service credit.
Council Member Dowe offered the following ordinance:
(#37448-061906) AN ORDINANCE amending and reordaining §22.2-2,
Definitions, and §22.2-31, Restoration of beneficiaries to membership, and adding
a new §22.2-34, Prorated creditable service for less than full-time work, to Chapter
22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended;
providing for an effective date; and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 387.)
Council Member Dowe moved the adoption of Ordinance No. 37448-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice·Mayor
Fit Z P at ri c k -. .n_ 00.. 00__000_ n n.n 000 n n 000 n no h_._.mnmmmnmnnmnnmnnnnn 00 _._n n. -. n n 5 .
N)\'fSi: None-··---------------------·--··-·--------------------------------------------------...----------.().
(Council Member Wishneff and Mayor Harris were absent.)
REPORTS OF COMMITTEES:
BUDGET·SCHOOLS: A report of the Roanoke City School Board requesting
that Council appropriate $400,000.00 from the Federal Government for the Food
Services program to cover current and projected expenditures until the adjusted
allocation of Federal funds is received, was before the body.
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It was advised that the Food Services program has experienced significant
increases in the cost of food service equipment and supplies, fresh produce, dairy
products, and other food items because of the impact of hurricane Katrina and a
significant increase in the price of fuel.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Council Member Dowe offered the following budget ordinance:
(#37449-061906) AN ORDINANCE to appropriate funding from the Federal
Government for School Food Services, amending and reordaining certain sections
of the 2005-2006 School Food Services Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 391.)
Council Member Dowe moved the adoption of Ordinance No. 37449-
061906. The motion was seconded by Council Member Cutler and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice·Mayor
Fit z P at ri c k .n_ mnmnmnm_h__..moomnnoo_ mnm mnm_nn._._nnnm·_oooom_oomm_moom 5 .
NAYS: Non eoommoom__mmmmmnmn_._..nnm____noo_mmoonoooonmmm_____mm_O.
(Council Member Wishneff and Mayor Harris were absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council transfer funds from debt reserve, in the amount of
$1,150,000.00, to State support categories in order to provide sufficient funds to
meet current year obligations of the district within each State category, advising
that the additional amount is required to compensate for the increase in fuel and
related costs, was before the body.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Council Member Dowe offered the following budget ordinance:
40
(#37450-061906) AN ORDINANCE to transfer funding from the debt service
contingency for various funding needs, amending and reordaining certain sections
of the 2005-2006 School Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 392.)
Council Member Dowe moved the adoption of Ordinance No. 37450-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitz pat ri c k __n_n_._noooooomum..mnmmmoooooooooommm_oomn__moooooomoo_mm_.m_nn___ 5 .
NAYS: Non e _hnn_nn_nmoooo moo 000000 -..00000000----000 00000000_00000000.0000000000000000_.00000000.
(Council Member Wishneff and Mayor Harris were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-CITY MANAGER-CITY
EMPLOYEES-MUNICIPAL AUDITOR: Council Member Dowe offered the following
ordinance establishing the compensation for certain Council Appointed Officers
for fiscal year 2006-2007:
(#37451-061906) AN ORDINANCE establishing compensation for the City
Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk for
the fiscal year beginning July 1,2006; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 394.)
Council Member Dowe moved the adoption of Ordinance No. 37451-
061906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
F i tz pat ri c k _oooooooo_moomm_oon_.m.n.._m._moooooomoomoooomoomoooooom.oomm_cmm_.oooon 5 .
NAYS: Nonemoommoooo.moommmm.oo_moooom_m._m.oo.._.__.h.._hnn_._.____._00000000.
(Council Member Wishneff and Mayor Harris were absent.)
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MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
YOUTH: Council Member Dowe advised that for some time the community
has discussed the issue of what can be done in the City of Roanoke to address
violence, specifically with respect to reconnecting with Roanoke's young people.
He stated that what happens to young people is far more than a community
problem, or a family problem, or a school problem, or a neighborhood issue, but
an all inclusive issue that affects the future of the entire community. He added
that history shows that youth become disconnected when they are out of work,
out of school, lack positive and structured activities, and, most importantly, lack
strong connections to caring adults in the community. To this, he stated that a
community summit on youth will be held on Thursday, August 3, 2006, at 6:00
p.m., at the Roanoke Civic Center, the purpose of which will be to discuss
strategies to engage all segments of the community in reclaiming Roanoke's
youth. He added that in conjunction with the Mayor and Delegate Onzlee Ware,
the following persons have been invited to serve on a committee to study issues
that affect Roanoke's youth: Duke Curtis, the Reverend David Walton, Kathy
Stockburger, Alice Szathmary, Carla Terry, Melvin Hill, a representative of the
President's Council which represents Roanoke's neighborhoods, and a member of
the City's Youth Commission. He explained that the responsibility of the
committee will be to assist with planning the summit, to compile feedback, to
address problematic issues regarding Roanoke's youth, and to work with Council,
City staff and other groups within the community to develop plans and to identify
ways to show Roanoke's youth that their City cares about them. He advised that
with the discussion and input which is anticipated to be generated as a result of
the Youth summit the City of Roanoke can recapture its youth and develop
programs of interest to youth, leading to a sustainable and significant change and
a bright future for Roanoke's young people.
CITY COUNCIL: Inasmuch as this is her last official City Council meeting,
Council Member McDaniel advised that it has been a privilege to serve on the
Council of the City of Roanoke. She stated that Roanoke is in the hands of very
competent individuals; and the City Manager is to be commended for putting
together a team of professional employees who are knowledgeable, professional
and devoted to their individual responsibilities. She commended Darlene Burcham
who is not only a very savy City Manager, but a very caring individual, and advised
that she has enjoyed working with her colleagues on the City Council. She added
42
that her greatest disappointment has been the lack of civility that has been
displayed by some of Roanoke's citizens who have appeared before the Council at
various times, whereupon she asked that all citizens remember that regardless of
which side of the Council dias they sit on, they all share a common goal which is
to make the City of Roanoke a better place to live and work. She expressed
appreciation to the Members of Council for their friendship and support and most
of all for their trust in appointing her to serve on the Council.
I
CITY COUNCIL: Vice-Mayor Fitzpatrick advised that based upon certain
recent situations that the Council has addressed, he would like for it to be known
that at this afternoon's meeting and the 7:00 p.m. Council session, Council will
listen to the remarks of citizens, but if any person engages in personal attacks,
the individual will be ruled out of order and Council will move on to the next
speaker, or, if necessary, the Council meeting will be declared in recess. He stated
that all persons will be treated equally, even though diverse feelings may prevail.
CITY COUNCIL: This being his last official City Council meeting Council
Member Cutler bid farewell to his colleagues on the Council and the citizens ofthe
City of Roanoke. He welcomed the new members of City Council, and expressed
the hope that they, in conjunction with the sitting Council, will continue the
momentum of progressive leadership that has been exhibited during the past four
years by the City of Roanoke's elected and appointed officials. He stated that it
was a pleasure and honor to serve with Mayor Ralph K. Smith and Mayor C. Nelson I
Harris, and with his Council colleagues William Bestpitch, William Carder and Lynda
Wyatt, as well as current Council members. He commended the City Manager
upon being a forceful agent for positive change within policy guidelines
established by the Council. He further stated that Ms. Burcham is skillful at
bringing diversity to City staff, and bringing an interdisciplinary team approach to
City management issues problem solving and he has enjoyed working with her and
her talented staff of employees. He added that while Council has resolved certain
issues such as the stadiums and addressed important needs such as libraries,
many more needs exist such as refreshing the City Market Building and downtown
Roanoke in general and donating conservation easements on Mill Mountain and
Carvins Cove. He expressed appreciation to the Council and to the citizens of
Roanoke who make the City of Roanoke one of the best places in America to live.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice·Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
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BRIDGES: Mr. Bill Modica, 1546 Creek Lane, Salem, Virginia, commended
Council for its commitment to designate the former First Street Bridge as a
memorial to Dr. Martin Luther King, Jr., which is a fitting choice because the
structure will bridge the gap between historic black neighborhoods and the
historic black business community with the core of the downtown business
district. He stated that it is also hoped that the bridge will provide a link to
connect the Lick Run Greenway Project with downtown Roanoke and provide an
opportunity for a walking trail between the northern ends of the City and the
Central Business District. He added that he was personally involved in
preservation of the historic Ebony Club building located in the Gainsboro
community which is significant and important to the success of the Dumas Music
School and the proposed culinary institute that will occupy the Ebony Club and
some of the adjoining buildings and stressed the importance of continuing the
viability and the economic value of the district to the City of Roanoke and to the
entire Roanoke Valley. To that end, he stated that parking will be one of the key
issues to be addressed by Council and since parking is currently limited because
of the Roanoke Higher Education Center, proposed development of the Dumas
Center and the new culinary school, any other developments proposed for the area
could be a disincentive for parking. He added that access to the community is
also a major issue which Council should be aware of as future proposals are
considered. He recommended that Council pay strict attention to the expertise of
the City Planning Commission, which is familiar with neighborhood values and
economic development, as Council reviews proposals for the Gainsboro area. He
advised that at its 7:00 p.m. session, Council will consider a proposal to close
certain streets in the Gainsboro area and it is hoped that the Council's decision
will be made in the best interests of the historic value that the neighborhood
brings to not only the City of Roanoke, but to the entire Roanoke Valley.
In closing, he paid personal tribute to the service of retiring Council
Members Cutler and McDaniel.
POLICE DEPARTMENT-COMPLAiNTS-ENVIRONMENTAL ASSESSMENTS-
SCHOOLS: Mr. Howard L. Cooper, Jr., 3022 Hickory Woods Drive, N. E.,
commended the Police Department on the City's neighborhood watch program,
however, he stated that more work needs to be done to strengthen the program.
He added that all citizens should be actively involved in their community in order
to make Roanoke a better place to live and work. He referred to alleged
contamination of the soil at Lucy Addison Middle School as a result of a landfill
that previously existed on the site and urged the City to periodically monitor the
condition of the soil and report any findings to the citizens of Roanoke. He also
spoke to the need to upgrade textbooks in Roanoke's school class rooms to
ensure that each child in the Roanoke City Public School System is provided with
the textbooks they need in order to have a successful educational experience.
44
ARMORY/STADIUM: Mr. John E. Kepley, 2909 Morrison Street, S. E., spoke
with regard to the renovation of Victory Stadium and accused some Members of
Council of making false statements/promises regarding the fate of Victory
Stadium.
I
The Vice-Mayor instructed Mr. Kepley to direct his remarks to the Victory
Stadium issue and to not engage in personal comments, or he would be ruled out
of order.
Mr. Kepley stated that four Members of Council will be remembered for their
vote to demolish Victory Stadium which has caused grief and anguish for a large
majority of Roanoke's citizens. He advised that the tearing down of Victory
Stadium will lead to a continual death of the City of Roanoke and a division of
Roanoke's citizenry.
SALE/PURCHASE OF PROPERTY: Ms. Patricia D. Baker, 3109 Kershaw Road,
N. W., proposed that the Countryside Golf Course property be used for a municipal
golf course, including an upscale restaurant and swim resort. She stated that the
golf course could generate much needed revenue for the City of Roanoke in the
range of $700,000.00 to $1 million annually.
The Vice-Mayor advised that the remarks of Ms. Baker would be referred to I
the City Manager for report.
STREETS AND ALLEYS: Ms. V. Lee Wolfe, representing the Gainsboro
Neighborhood Alliance, spoke in support of the request of Total Action Against
Poverty and the Roanoke Redevelopment and Housing Authority to permanently
vacate, discontinue and close First Street from Wells Avenue to a point past the
intersection with the south side of Loudon Avenue, N. W.
CITY MANAGER COMMENTS:
COMMITTEES-FIRST CITIES COALITION: The City Manager announced that at
a recent meeting of the Board of Directors, Vice-Mayor Fitzpatrick was elected as a
member of the Executive Committee of Virginia First Cities Coalition.
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: The City Manager expressed
appreciation to Council Members Cutler and McDaniel for their kind remarks with
regard to the City's work force, and stated that citizens of the City of Roanoke are
served by dedicated and passionate public service employees; and she is proud to
serve as their City Manager.
At 4:20 p.m., the Vice-Mayor declared the Council meeting in recess to be I
reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor
Municipal Building.
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At 7:00 p.m., on Monday,June 19,2006, 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 Vice-Mayor Beverly T.
Fitzpatrick, Jr. presiding.
PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff, M. Rupert
Cutler, Alfred T. Dowe, Jr., Sherman P. Lea and Vice-Mayor Beverly T.
F i tz pat ri ck, Jr. n_mnmm._.mummummn.mnmmnm.mn_mmhn_m__munn_mnmm_6.
ABSENT: Mayor C. Nelson Harris _._..__mnoomm_m._mmmnmm_._._nmmnm··l .
The Vice-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 America was led
by Vice-Mayor Beverly T. Fitzpatrick, Jr.
BID OPENINGS:
LEASES-ART MUSEUM OF WESTERN VA-AIR RIGHTS: Pursuant to notice of
advertisement for bids for the lease of air rights above the right-of-way of Norfolk
Avenue, Williamson Road, and Salem Avenue, S. E., identified as Official Tax Nos.
4010205 and 4010210, for a term of 60 years, said bids to be received in the City
Clerk's Office until 12:00 p.m., on Monday, June 19, 2006, and to be held,
unopened, until 7:00 p.m., at which time the bids would be opened and read
before the Council, the matter was before the body.
The Vice-Mayor inquired if anyone had any questions with regard to the
opening of the bids. There being none, he called upon the City Clerk for the
opening and reading of the bids.
The City Clerk advised that one bid was received in the City Clerk's Office
prior to the above referenced deadline: whereupon, the City Clerk opened and read
the bid submitted by the Art Museum of Western Virginia for a one-time payment
for rent as set forth in paragraph 2 of the Lease of Air Space, in the amount of
$60.00, for a term commencing on June 19, 2006, and ending on June 18, 2066.
46
Without objection by Council, the Vice-Mayor advised that the bid would be
referred to the City Manager for study, report and recommendation to Council.
I
PUBLIC HEARINGS:
LEASES-ART MUSEUM OF WESTERN VA-AIR RIGHTS: Pursuant to instructions
by the Council, the City Clerk having advertised a public hearing for Monday,
June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the proposal of the City of Roanoke to lease air rights above the right-of-way for
Norfolk Avenue, Williamson Road, and Salem Avenue, S. E., identified as Official
Tax Nos. 4010205 and 4010210, for a term of 60 years, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday June 9, 2006.
The City Manager submitted a communication advising that the Art Museum
of Western Virginia has requested an air rights lease for space located above the
rights-of-way for portions of Norfolk Avenue, Williamson Road, and Salem
Avenue S. E., in connection with construction ofthe Art Museum Building (Official
Tax Nos. 4010205 and 4010210); the air rights lease is for overhangs of the Art
Museum Building which overhangs will extend upwardardly from the structure for I
a minimum distance of 14' from the rights-of-way and will not exceed 100' and
outwardly from the structure for a variable length not to exceed 23'; and a 60 year
term of lease is requested.
It was further advised that the proposed lease agreement will begin on June
19, 2006 through June 18,2066, at no charge to the Art Museum; the lease may
be renewed upon expiration of the initial term of lease, upon mutual agreement
with the term of any renewal to be determined at that time; the Lessee is
responsible for maintaining the overhangs in a structurally safe condition; and if
overhangs are ever in the condition of being unsafe or fail to meet building and
safety codes, the Lessee agrees to properly repair or demolish and remove the
structure in the lease for air space solely at its expense.
The City Manager orally recommended acceptance of the bid submitted by
the Art Museum of Western Virginia for a one time payment of $60.00, and upon
other terms and conditions as set forth in the lease incorporated by reference in
the bid which was publicly opened at the Council meeting on Monday, June 19,
2006.
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Council Member Cutler offered the following ordinance:
(#37452-061906) AN ORDINANCE authorizing execution of a lease
agreement between the City of Roanoke and The Art Museum of Western Virginia
for the lease of certain air space located above the rights-of-way of Norfolk
Avenue, S. E., Williamson Road, S. E., and Salem Avenue, S. E., (Tax Map Nos.
4010205 and 4010210), to provide sufficient area and space for the overhangs of
the Art Museum building, for a term of sixty (60) years; and dispensing with the
second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, Page 395.)
Council Member Cutler moved the adoption of Ordinance No. 37452-
061906. The motion was seconded by Council Member Dowe.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the request for the lease of air rights. There being none,
he declared the public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37452-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea, and Vice-
Mayor Fitzpatrick nnnmmnmmm_.mmmmmmum..n.m.n___m.nmnmmmm_nmmn6.
NAYS: None n.nmmnmmm_mmmnmmm.mnnmnnnm_mmnnmmmnmmm_O.
(Mayor Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, on the request of Four R-Enterprises, a
Virginia general partnership, and Best-jol Properties, LLC, a Virginia Limited
Liability Company, that property located on Buford Avenue, S. W., identified as
Official Tax Nos. 1421616, 1421617 and 1421604 through 1421608, inclusive, be
rezoned from MX, Mixed Use District, to 1-1, Light Industrial District, subject to
certain conditions proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday June 9, 2006.
48
The City Planning Commission submitted a written report advising that as
part of a comprehensive rezoning adopted by Council on December 5, 2005, the
subject properties were rezoned from LM, Light Manufacturing District to MX
Mixed Use District; and the petitioners request that the properties be rezoned
from MX, Mixed Use District, to 1-1, Light Industrial District, subject to certain
conditions, in order to render current property uses as conforming uses and to
allow certain other 1-1 uses.
I
The Planning Commission recommended that Council approve the request,
finding that the petition to rezone the subject properties from MX, Mixed Use
District, to 1-1, Light Industrial District, with conditions, is a reasonable request,
inasmuch as it provides for practical use of the property as currently developed,
with limitations on permitted uses and prohibition of outdoor storage, therefore
promoting compatibility with the adjacent residential areas consistent with the
intent of the Norwich Neighborhood Plan.
Council Member Cutler offered the following ordinance:
(#37453-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5,2005, as amended, to rezone certain propertywithin
the City, subject to certain conditions proffered by the applicant; and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, Page 397.)
I
Council Member Cutler moved the adoption of Ordinance No. 37453-
061906. The motion was seconded by Council Member McDaniel.
Maryellen F. Goodlatte, Attorney, representing the petitioners, appeared
before Council in support of the request of her clients.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the request.
Mr. William E. Clements, 815 Warwick Street, S. W., advised that he would
prefer that the area continue to be zoned residential, espeCially on Buford Avenue.
Mr. James R. Stanley, 902 Bridge Street S. W., spoke in opposition to
rezoning the property to Light Industrial District. He advised that the City of
Roanoke could offer incentive packages for industrial sites at other City locations,
and expressed concern that the corner of Bridge Street and Buford Avenue does
not provide a sufficient turning radius for large vehicles.
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Ms. Goodlatte clarified that the request before Council will permit current
uses on the property to continue in a conforming status; City Planning staff
reviewed the request and submitted a favorable recommendation to the City
Planning Commission; the neighborhood association has gone on record in
support of the request, and the City Planning Commission unanimously
recommended approval of the rezoning.
R. Brian Townsend, Agent to the City Planning Commission, advised that the
request will recreate conforming uses, or make current uses conforming, while
. limiting the types of future uses for the buildings to 15 approved uses, and a
proffered condition will provide that no portion of the properties may be used for
outdoor storage. He explained that the Planning Commission was of the opinion
that the request of the petitioners is a good compromise that reflects current
uses, but will also impose enough limitations so as not to become incompatible
with the residential area surrounding the properties.
Following further discussion and in view of the remarks of Mr. Stanley with
regard to an inadequate turning radius for large vehicles at the corner of Bridge
Street and Buford Avenue, Vice-Mayor Fitzpatrick suggested that the petitioners
give further consideration to the issue of ingress and egress.
There being no other citizens wishing to be heard, the Vice-Mayor declared
the public hearing closed.
There being no further questions or comments by Council Members,
Ordinance No. 37453-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor F itz patrick m-mmmmummn_mmnumm._____...nnmmn_mnnm.__m._mmm_m 5.
N)\\(S: N()ne .-.---------.-....-..-.------------------------------------------------------------------------Cl.
(Mayor Harris was absent.)
CITY CODE-ZONING: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, June 19, 2006, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers, on a
request of the City Planning Commission to amend and reordain Division 4, Use
Matrix, Section 36.2-340, Zoninq, of the City Code, to allow eating and drinking
establishments, not abutting a residential district, as a permitted principal use in
the INPUD, Institutional Planned Unit Development District, the matter was before
the bOdy.
50
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday June 2, 2006 and Friday, June 9, 2006.
I
The City Planning Commission submitted a written report advising that on
April 20, 2006, the Planning Commission initiated an amendment to Section 36.2-
340, to add "eating and drinking establishments, not abutting a residential
district" as a permitted principal use in the INPUD, Institutional Planned Unit
Development District.
It was further advised that an eating establishment is currently a permitted
prinCipal use in the INPUD district; the addition of "eating and drinking
establishments, not abutting a residential district" would permit such
establishments to be located within an INPUD district if it does not abut any
residential district; and if the INPUD district does abut a residential district, an
eating and drinking establishment would not be a permitted principal use.
It was explained that the principal difference between an "eating
establishment" and an "eating and drinking establishment'· lies in their definitions;
and the latter is a type of eating establishment which includes the sale of beer,
wine, or other alcoholic beverages for consumption on the premises.
It was further explained that an eating and drinking establishment is an I
appropriate and compatible use in an INPUD district, provided the INPUD district
does not abut a residential district; and in many instances, the INPUD district can
be a zoning tool that can support significant economic development initiatives for
concentrations of mixed uses, such as the Riverside Center for Research and
Technology.
The Planning Commission recommended that Council approve the proposed
amendment to §36.2-340 to add "eating and drinking establishments, not
abutting a residential district" as a permitted principal use in the INPUD,
Institutional Planned Unit Development District.
Council Member Dowe offered the following ordinance:
(#37454-061906) AN ORDINANCE amending and reordaining Table 340-1 of
§36.2-340, Use Matrix, of Chapter 36.2, Zoninq, of the Code of the City of
Roanoke (1979), as amended, to permit as a principal permitted use eating and
drinking establishments, not abutting a residential district, in the INPUD,
Institutional Planned Unit Development District; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 398.)
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Council Member Dowe moved the adoption of Ordinance No. 37454-
061906. The motion was seconded by Council Member Cutler.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37454-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor Fitzpatrick nmmomm_mnmmm.unmnmnmmnmmnmmmmnmmnmm_______6.
NAYS: None mm-m_mnmmmnn_mnmmnnmm.nnmmmnmm.m__mmmmm_O.
(Mayor Harris was absent.)
ZONING: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 19, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber, on the
request of Roanoke Land Development, LLC, to amend the INPUD Development
Plan entitled, "Riverside Corporate Center, Institutional Development Plan",
prepared by HSMM for Carilion Medical Center, CHS, Inc., and B & B Holdings as
the Plan applies to property identified as Official Tax NO.1 032203, being a part of
the Riverside Corporate Centre, located at the intersection of Franklin Road and
Reserve Avenue, S. W., and as set forth in the INPUD Development Plan entitled,
"Hotel/Commercial Site-Riverside Corporate Center, prepared by Katz McConnel +
Associates", the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
The City Planning Commission submitted a written report advising that on
December 20, 2004, Council rezoned the properties of Riverside Corporate Center
from HM, Heavy Manufacturing District, and C-l, Office District, to INPUD,
Institutional Planned Unit Development District, with conditions (Ordinance No.
36926-122004); and the following conditions were listed on the INPUD
Development Plan:
1.
Compatibility of all structures with the character and
appearance of the surrounding neighborhood will be ensured
by compliance with the South Jefferson Redevelopment
Design Guidelines;
52
2.
Site lighting shall be in conformance with the South Jefferson
Redevelopment Area Design Guidelines; the maximum
lighting level as measured at the property line resulting from
any proposed lighting fixtures shall not exceed 0.5 foot-
candles;
I
3. All parking lot lights shall be white-light source "down lights"
designated for 1-2 foot-candles; height and color of the
poles will be in accordance with the South Jefferson
Redevelopment Area Design Guidelines;
4. Parking lot islands will contain landscaping in accordance
with the South Jefferson Redevelopment Area Guidelines;
5. Directional, informational, and building identification signs
will have a unified design and size in accordance with the
South Jefferson Redevelopment Area Guidelines;
6. Wall mounted signs shall be limited to a square foot of
signage per linear feet of the building façade;
It was further advised that on March 20, 2006, Council amended the zoning
ordinance and map to establish a Comprehensive Overlay District on the Riverside I
Corporate Center, including the subject property (Ordinance No. 37334-032006);
the petitioner has requested amendment of the INPUD Development Plan for
Riverside Center as such applies to Official Tax No.1 032203.
It was explained that the INPUD Development Plan, submitted as part
of the Third Amended Petition, proposes six phases of development; phases
one through four propose buildings fronting on Reserve Avenue, with a six-
story hotel at the southeastern corner of the property; at the southwestern
corner, a six-story hotel or office building is proposed; between these two
buildings, two eating and drinking establishments, each with two stories,
are proposed; and the Development Plan shows Phases five and six as a
nine-story parking deck and an attached future eating and drinking
establishment along the northern edge of the property.
The City Planning Commission found that the petition is consistent with the
South Jefferson Redevelopment Plan and Vision 2001-2020, and recommended that
Council approve the request as set forth in the Third Amended Petition to Amend
the INPUD Development Plan, dated May 17, 2006.
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Council Member Dowe offered the following ordinance:
(#37455-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to amend an INPUD development
plan entitled "Riverside Corporate Centre, Institutional Development Plan," to
include a development plan for property located at the intersection of Franklin
Road, S. W., and Reserve Avenue, S. W., Official Tax Map NO.1 032203; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 399)
Council Member Dowe moved the adoption of Ordinance No. 37455-
061906. The motion was seconded by Council Member Lea.
Rob Sorrentino, Owner, Roanoke Land Development, LLC, appeared
before Council in support of the request.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing. The being none, he declared the public
hearing closed.
Council Member Wishneff requested an update on the agreement with
Carilion Health System with regard to the Bio-Medical Park; whereupon, the City
Manager advised that all of the property in Phase I, with the execution of one
development, has been acquired by the Roanoke Redevelopment and Housing
Authority; and while about 50,000 square feet is currently under construction,
concrete has been poured for the second half of the building which will be a four
story 100,000 square foot building on Jefferson Street. She added that technically,
Carilion, as developer of the property, is not required to create another building
until 54 months after the first building is created, or in approximately the year
2009. In terms of the time line, she advised that Carilion has met all terms of the
agreement, it was anticipated that acquisition of property would be a slow
process, and the Roanoke Redevelopment and Housing Authority is to be
commended, specifically John Baker, Executive Director, inasmuch as all of the
property was acquired through negotiation, as opposed to exercising the power of
eminent domain. She added that the City of Roanoke is on schedule in terms of
requirements to contribute to infrastructure costs, and street improvements will
be made upon completion of the first project on Jefferson Street.
54
There being no further questions or comments by Council Members,
Ordinance No. 37455-061906 was adopted by the following vote:
I
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice·
Mayo r F i tz patri ck nn.._nnn._m_muunh.nnn___nnn_.mmmumm.mnmmnm_.mmm_6.
NAYS: Non eoooonm___._mnnm_m____n_nhn__n_n_m_m__nm___nnn_mm_mmmmO.
(Mayor Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, on the request of Springwood Associates, LLC,
that proffered conditions applicable to the northern portion of property located on
Frontage Road, S. W., identified as Official Tax No. 5480719, consisting largely of
Southmont Drive, a 50-foot wide private right-of-way, approved by Ordinance No.
33688-010598, be repealed, and that such property be rezoned from CG,
Commercial-General District, with proffers, to MXPUD, Mixed Use Planned Unit
Development District, for the purpose of allowing the property to be used as
access to adjoining property which is currently used for commercial purposes, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
I
The City Planning Commission submitted a written report advising that on
January 5, 1998, at the request of Springwood Associates, LLC, Council amended
the proffered conditions on Official Tax No. 5480712, zoned RPUD, Residential
Planned Unit Development District and C'2, General Commercial District, with
conditions;
The Planning Commission recommended that Council approve the request,
finding that the petition to rezone a .735 acre portion of property bearing Official
Tax No. 5480719 from CG, Commercial-General District, to MXPUD, Mixed Use
Planned Unit Development, furthers the purposes of the Southern Hills
Neighborhood Plan and the City's Zoning Ordinance.
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Council Member Dowe offered the following ordinance:
(#37456-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5,2005, as amended by repealing Ordinance No. 33688-
010598, to the extent such ordinance placed certain conditions on a portion of
Official Tax Map No. 5480719 located on Frontage Road, S. W., and rezoning such
portion of the subject property from CG, Commercial:General District, with
proffers, to MXPUD, Mixed Use Planned Unit Development District; and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 401.)
Council Member Dowe moved the adoption of Ordinance No. 37456-
061906. The motion was seconded by Council Member McDaniel.
Edward A. Natt, Attorney, appeared before Council in support of the request
of his client.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37456-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayo r F i tz pat ri c k uuo._mu.n.nnn.nmnmnmm_nmmmnmn_.n._.m..n._nmnmnnmm6.
NA\fS: NClrlE! --------------------.----------------------.-..--..--.-----------------------·-·----·----------Cl.
(Mayor Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, on the request of Springwood Associates, LLC,
that all conditions accepted by Council pursuant to adoption of Ordinance No.
33688-01 Cl598 onJanuary 5,1998, applicable to the southern portion of property
located on Frontage Road, S. W., identified as Official Tax No. 5480719, and
56
consisting of approximately 1.55 acres, more or less, be repealed and replaced
with conditions allowing any of 28 specific commercial uses, including retail
establishments, offices, service establishments, motor vehicle related sales, rental,
and service establishments, eating establishments, entertainment and recreation
establishments, places for public assembly, educational facilities, day care centers,
hotels and motels, outdoor advertising, and wireless telecommunications facilities,
the matter was before the body.
I
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday June 2, 2006 and, Friday, June 9, 2006.
The City Planning Commission submitted a written report advising that on
January 5, 1998, at the request of Springwood Associates, LLC, Council amended
proffered conditions on Official Tax No. 5480712, which was zoned RPUD,
Residential Planned Unit Development District and C-2, General Commercial
District, with conditions.
The Planning Commission recommended that Council approve the request,
finding that the petition to amend the proffered conditions on a 1.55 acre portion
of property bearing Official Tax No. 5480719 furthers the purposes of the
Comprehensive Plan, the Southern Hills Neighborhood Plan and the City's Zoning
Ordinance.
Council Member Dowe offered the following ordinance:
I
(#37457-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by repealing Ordinance No.
33688·010598, to the extent such ordinance placed certain conditions on Official
Tax No. 5480719, such portion consisting of approximately 1.55 acres; more or
less; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 403.)
Council Member Dowe moved the adoption of Ordinance No. 37457-
061906. The motion was seconded by Council Member Lea.
Edward A. Natt, Attorney, appeared before Council in support ofthe request
of his client.
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The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37457-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor Fitzpatrick mmnm_mmnmmmnn___.._mmnnmm___nn_nnm_.__._m.__mmmnm6.
NAYS: None mmm_m.nnmoo._u__._oooommm_mmmnmmmmmnmm._mnnmnnO.
(Mayor Harris was absent.)
ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN-YOUTH: The City
Clerk having advertised a public hearing for Monday,June 19,2006, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of the City of
Roanoke to amend Vision 2001·2020, the City's Comprehensive Plan, to include
the "Nine-by-Nine" Youth Comprehensive Plan, the matter was before the body.
The primary goals of the Youth Comprehensive Plan are:
I (1) ensuring that young people know how important they are to the City;
(2) helping young people take on useful roles in the community;
(3) encouraging young people to participate in extracurricular activities for at
least three hours per week;
(4) offering enriching preschool and family programs and activities;
(5) creating caring school climates;
(6) ensuring that the City's young people increasingly make healthy choices to
improve physical well-being and fitness;
(7) increasing the access of young people to a wide range of employment
opportunities;
(8) creating friendly and youth-oriented places throughout the City to which
young people may go; and
I
(9) encouraging young people to use the public library system for reading
pleasure.
58
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
I
The City Planning Commission submitted a written report advising that the
Plan identifies 40 developmental assets which should be present in youth; current
data indicates that the average student possesses 19.5 of these assets; and the
Plan identifies three 3-year periods during which such assets would be increased
by five points during the 3-year period toward the ultimate goal of 35 assets in the
year2015.
It was further advised that the Plan identifies nine focus areas:
1. [the] Community values youth
2. Youth as resources
3. Youth programs
4. Early childhood development
5. Caring school climates
6. Healthy young people I
7. Employment
8. Places & spaces + transport
9. Reading for pleasure
The City Planning Commission recommended that Council adopt the Youth
Comprehensive Plan as a component of Vision 2001-2020, Roanoke's
Comprehensive Plan.
Council Member Dowe offered the following ordinance:
(#37458-061906) AN ORDINANCE approving the Youth Comprehensive Plan
dated March 24, 2006, and amending Vision 2001-2020, the City's Comprehensive
Plan, to include the Youth Comprehensive Plan dated March 24, 2006, such Plan
providing for nine goals for City of Roanoke youth and strategies for reaching
those goals; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 405.)
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Council Member Dowe moved the adoption of Ordinance No. 37458-
061906. The motion was seconded by Council Member Cutler.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Marion Vaughn·Howard, Youth Services Superintendent, advised that the
Youth Comprehensive Plan has been in the making for approximately 18 months.
She stated that the Plan was compiled with input by Roanoke's citizens and young
people and commended members of the Youth Advisory Committee for their hard
work and dedication to the task.
There being no questions or comments by Council Members, Ordinance No.
37458-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayo r F i tz P at ri c k nn mmnm_n.mn_nmmmmnm_..__.uhmumou.mm__mumm_m_______6.
Nf\1fS: NClrlE! --------------------------------------------.-..-.--.-.---------..---.-------------------------().
(Mayor Harris was absent.)
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City Planning Commission to repeal
subsection (c) of §31-39, Fees for plat review, and amend and reordain subsection
(c) of §31-28, Approval or disapproval of preliminary plat, subsection (i) of §31-29,
Additional material as part of preliminary plan, and subsections (d), U), and (k) of
§31-68, Lots: building or setback lines, of ChaptE!r 31, Subdivisions, of the Code
of the City of Roanoke (1979), as amended, to update references in the City Code
nE!cessitatE!d by the repeal of Chapter 36.1 , Zoning, and the adoption of Chapter
36.2, Zoning, and to reflect changes in a department title, the matter was before
the bOdy.
Legal advertisement of thE! public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
The City Planning Commission submitted a written report advising that on
December 5, 2005, the City Code was amended to repeal Chapter 36.1, Zoning,
and to adopt Chapter 36.2, Zoning: the amendment necessitates amendments to
Chapter 31, Subdivision so that cross references to the Zoning Ordinance will be
correct; and on April 20, 2006, the Planning Commission initiated an amendment
to Chapter 31, Subdivisions, to correct the cross references to the Zoning
Ordinance.
60
It was further advised that the following sections of Chapter 31 require
amendment:
· See 31-28. Approval or disapproval of preliminarv plat.
· This amendment removes the reference to Subdivision E,
Division 5, Article III, Chapter 36.1 and replaces such with a
reference to Section 36.2-333.
· See. 31-29. Additional material as part of preliminarv plan.
· This amendment removes the reference to Section 36.1-262
and replaces such with a reference to Section 36.2-333. This
amendment also replaces the words "complied with" with the
word "met."
· See. 31-68 Lots: buildinq or setback lines.
· This amendment removes two references to Division 5, Article
III, Chapter 36.1 and replaces such with a reference to Section
36.2-431.
·
This amendment also removes a reference to Division 4, Article
IV, of Chapter 36.1 and replaces such with a reference to
Section 36.2-431.
· See. 31-39 Fees for plat review.
· This amendment strikes the entire subsection (c) because
specific reference to fee amounts is not needed: and fee
amounts are set out in the City of Roanoke Fee Compendium.
The City Planning Commission recommended that Council approve proposed
amendments to Chapter 31, Subdivision.
Council Member Dowe offered the following ordinance:
(#37459-061906) AN ORDINANCE amending and reordaining subsection
(c) (1) of §31-28, Approval or disapproval of preliminarv plat. subsection (i) of §31-
29, Additional material as part of preliminarv plan. and subsections (d), Ul and (k)
of §31-68, Lots: buildinq or setback lines. and repealing subsection (c) of §31-39,
Fees for plat review, of Chapter 31, Subdivisions; of the Code of the City of
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Roanoke (1979), as amended, to update references in the City Code necessitated
by the repeal of Chapter 36.1, Zoning, and the adoption of Chapter 36.2, Zonina,
and by a change in a department's title; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 406.)
Council Member Dowe moved the adoption Ordinance No. 37459·061906.
The motion was seconded by Council Member McDaniel.
R. Brian Townsend, Agent to the City Planning Commission, appeared before
Council in support of the request.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37459-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice·Mayor
F i tz P at ri c k 00 000 ..-- m.oooo__moommm._ mum mmmmmU_.m.n.mmmmnnmmm___m__m 5 .
NAYS: None m-n-nm-.-m-m.__un_moommmm_mu_mmmmm_nnmmmn.mm··O.
(Mayor Harris was absent.) (Council Member Wishneff was not present when the
vote was recorded.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City Planning Commission to rezone properties
identified as: (1) Official Tax No. 6410231, located at 2521 Portland Avenue,
N. W., from R-7, Residential Single-Family District, to INPUD, Institutional Planned
Unit Development District; (2) Official Tax No. 4400434, located on Ventnor Road,
S. E., from R-12, Residential Single-Family District, with conditions, to RMF,
Residential Multifamily District, with conditions; (3) Official Tax No. 3340306,
located on 21" Street, N. E., from RM-l, Residential Mixed Density District, and IN,
Institutional District, to IN, Institutional District; (4) Official Tax NO.1 052701,
located at 404 McClanahan Street, S. W.; Official Tax No.1 052702, located at 400
McClanahan Street, S. W.; and Official Tax No. 1052703, located on Stephenson
Avenue, S. W., from RMF, Residential Multifamily District, to MX, Mixed Use
District, in order to correct the previous zoning and to place each subject property
in a zoning district which is consistent with its current use, the matter was before
the body.
62
Legal advertisement of the public hearing was published in The Roanoke
Times on, Friday, June 2, 2006 and Friday, June 9, 2006.
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The City Planning Commission submitted a written report advising that on
December 5, 2005, Council approved a comprehensive rezoning involving all
parcels of land located within the City of Roanoke; and since that time, staff has
identified properties located in four sections· of the City that should be
considerations for zoning districts other than those that were applied at the time
of the comprehensive rezoning.
The Planning Commission recommended that Council approve the requested
rezonings which will reflect the existing uses and/or conditions associated with
the parcels of land, their conformity to uses and/or conditions associated with the
parcels and their conformity to zoning regulations which were adopted on
December 5, 2005.
Council Member Dowe offered the following ordinance:
(#37460-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, dated
December 5, 2005, as amended, to rezone certain property within the City; and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, page 409.)
I
Council Member Dowe moved the adoption of Ordinance No. 37460·
061906. The motion was seconded by Council Member Lea.
R. Brian Townsend, Agent to the City Planning Commission, appeared before
Council in support of the request.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37460-061 906 was adopted by the followi ng vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor F itz patri c k mumn_um..hnm.____mnnnn.nnn:_mm__mmm_mhnnnnn_.m.mm_6.
Nt\'(Si: ~()ne --------.---...---------.----------------------------------------------·----··---------·-------0.
(Mayor Harris was absent.)
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ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke to amend proffered conditions on a
tract of land lying at the intersection of Orange Avenue and Blue Hills Drive, N. E.,
identified as Official Tax No. 7160113, such new proffered conditions to expand
the number of principal permitted uses from Six to 19 commercial uses allowed in
the CG, Commercial-General District, including retail establishments, offices,
service establishments, eating establishments, hotels, motels, day care facilities,
and health, fitness, entertainment and recreation establishments, no curb cuts will
be allowed on Orange Avenue, N. E., and limit the number of freestanding signage
to one per principal permitted use, the matter was before the body.
!
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
The City Planning Commission submitted a written report advising that on
August 16, 2004, at the request of the City of Roanoke, Council rezoned the
subject property (Official Tax No. 7160113) from LM, Light Manufacturing District,
to C-2, General Commercial District, with conditions (Ordinance No. 36821-
081604); and the following conditions were proffered;
1.
Principal permitted uses on the property shall be limited to the
following:
(a) Restaurants
(b) Hotels, motels, and inns;
(c) Business service establishments;
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(d) Indoor recreational uses limited to a fitness center;
,
(e) General and professional office including financial institutions;
and ¡
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(f) Day care centers with unlimited capacity subject to the
requirements of Section 36.1'-5610, et seq.
2. There shall be no curb cuts on Orange Avenue/Route 460;
3.
Freestanding signage shall be limited to one (1) per principal
permitted use developed on the property.
64
It was noted that the petitioner currently requests amendment of proffered
conditions on the subject property to expand the number of principal permitted
uses and to bring the use terminology into consistency with the recently adopted
Zoning Ordinance; and a Petition to Amend Proffered Conditions was filed on
April 4, 2006.
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The Planning Commission advised that the petition to amend proffered
conditions on the subject property furthers the purposes of the Hollins/Wildwood
Area Neighborhood Plan and Vision 2001-2020, and recommended that Council
approve the request.
Council Member Cutler offered the following ordinance:
(#37461-061906) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by amending the conditions
presently binding upon certain property conditionally zoned CG, Commercial
General District; and dispensing with the second reading by title ofthis ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 411.)
Council Member Cutler moved the adoption of Ordinance No. 37461- I
061906. The motion was seconded by Council Member Dowe.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the matter. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37461-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor Fitz pat rick mmm_m_mmmmn____umunmmmmmn_.__mnnmmmnm_n__._._oon6.
NAYS: No ne mmnnn_.moomn._.nmm_n_oommmnmnmnn._oommnmm___m_m.mO.
(Mayor Harris was absent.)
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EASEMENTS-WATER RESOURCES: Pursuant to action by the Council, the City
Clerk having advertised a public hearing for Monday, June 19, 2006, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, in the City Council Chamber, on
a proposal of the City of Roanoke to grant an easement of approximately 45.85
acres of land on City-owned property, identified as the Carvins Cove Natural
Reserve, located in the Amsterdam Magisterial District in Botetourt County to the
United States Department of the Interior for relocation of a portion of the
Appalachian National Scenic Trail, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 9, 2006.
The City Attorney submitted a written report advising that in December
2005, the National Park Service requested that the City of Roanoke convey an
easement across approximately 45.85 acres of the Carvins Cove Natural Reserve
so that a portion of the Appalachian National Scenic Trail could be relocated; and
the additional easement will permit the Appalachian Trail to be relocated to avoid
an existing section of the Trail which is severely eroded and a hazard to the
thousands of hikers who hike the area every year.
He presented copy of a map showing existing easements in,the Carvins Cove
Natural Reserve for the Appalachian Trial, the area of the new proposed easement,
and an ordinance for consideration by Council. He noted that in consideration of
the easement, local members of the Appalachian Trail Conservancy have
volunteered to assist with efforts to map and develop a trail system within the
City's Carvins Cove Natural Reserve.
Council Member Cutler offered the following ordinance:
(#37462-061906) AN ORDINANCE authorizing the execution of a deed of
easement granting to the United States of America an easement of approximately
45.85 acres for the relocation of a portion of the Appalachian National Scenic Trail
across City-Owned property known as Carvins Cove Natural Reserve, upon certain
terms and conditions; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 413.)
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Council Member Cutler moved the adoption of Ordinance No. 37462-
061906. The motion was seconded by Council Member McDaniel.
I
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Roger B. Holnback, President, Roanoke Appalachian Trail Club, and
Executive Director, Western Virginia Land Trust, advised that both organizations
adopted resolutions in support of the transfer of 48 acres of Carvins Cove for
inclusion in the already 1100 acres presently under easement to the National Park
Service for location of the Appalachian Trail. He commended the Members of
Council for their stewardship of the Carvins Cove Natural Reserve, and advised
that in conjunction with the Parks and Recreation Advisory Board, a new
comprehensive plan for Carvins Cove will be prepared to ensure continued
stewardship.
Mr. Bob Peckman, 8131 Webster Drive, expressed appreciation on behalf of
all persons who enjoy walking in the mountains.
There being no further speakers, the Vice-Mayor declared the public hearing
closed.
Council Member Cutler spoke in support of the above referenced measure I
which will authorize relocation of the Appalachian Trail to a safer and more scenic
right-of way, and will encourage trail using tourists to visit the Roanoke Valley.
He advised that Carvins Cove Natural Reserve is the third largest City owned or
municipal owned park in the United States and is larger than most Congressionally
designated wilderness areas in the Jefferson and George Washington National
Forests and the only thing that sets Carvins Cove apart from a Federal wilderness
is the use of mountain bikes.
There being no further questions or comments by Council Members,
Ordinance No.3 7462-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor Fitzpatrick _mmnmmn..nnn_ummnmm_ummunmmm_n___nmmmmmm.____.6.
NAYS: None nmnm__oooonnmmm__.__nnmmmnnnoooommmmnm._m.nmm_mmO.
(Mayor Harris was absent.)
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EASEMENTS: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, June 19,2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chambers, on the proposal of the City of Roanoke to
permit encroachment of a retaining wall into the public right-of-way of Southern
Hills Drive, S. W., adjacent to property identified as Official Tax Nos. 5480704 and
5470109, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 9, 2006.
The City Manager submitted a communication advising that Mattern & Craig,
Ine., on behalf of the property owner, Faison Southern Lane LLC, has requested
permission to construct a retaining wall on the westerly side of the above
referenced property, which would encroach into the public right-of-way of
Southern Hills Drive.
It was further advised that the encroachment will be a modular concrete
retaining wall; the encroachment length is 275 feet by 18 inches wide as measured
at the top of the wall; the wall will be constructed within the existing right-of-way
of Southern Hills Drive and will encroach approximately 38 feet into the right-of-
way; additional right-of-way will be dedicated to the City and Southern Hills Drive
will be realigned and repaved at the expense of Faison Southern Lane LLC in
conjunction with construction of the retaining wall; future maintenance of the
retaining wall shall be the responsibility of Faison Southern Lane LLC; and wall
height varies from one foot at the northerly end to a height of 20 feet at the
southerly end.
It was noted that the right-of-way of Southern Hills Drive at this location
currently varies between approximately 55 and 70 feet in width; liability insurance
and indemnification of the City by the property owner will be provided by the
property owner, subject to approval by the City's Risk Manager; and the property
owner will also provide a bond in the amount of $1 00,000.00 to cover the cost of
removal or repair, should the structure become unsafe.
The City Manager recommended that Council adopt an ordinance to be
executed by the property owner and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke granting a revocable permit to the property owner,
Faison Southern Lane LLC, to allow construction of a retaining wall that will
encroach into the right-of-way of Southern Hills Drive, S. W.
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Council Member Dowe offered the following ordinance:
(#37463-061906) AN ORDINANCE allowing the encroachment of a retaining
wall 38 feet into the public right-of-way from property located at Southern Hills
Drive, S. W., designated as Tax Map Nos. 5480704 and 5470109; upon certain
terms and conditions; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 414.)
Council Member Dowe moved the adoption Ordinance No. 37463-061906.
The motion was seconded by Council Member Lea.
The Vice·Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37463-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Lea and Vice-
Mayor Fitzpatrick mmnmmmmm_.._m...mmnmmmmmmnn_n..nnn.mm_mummm6.
NAYS: Nonemoommnmmmnmm_..m__m__nmnmm_mnmmmmm.nmm____m___O.
(Mayor Harris was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 19, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Total Action Against Poverty in Roanoke
Valley and the Roanoke Redevelopment and Housing Authority to permanently
vacate, discontinue and close First Street from Wells Avenue to a point past the
intersection with the south side of Loudon Avenue, N. W., such area containing
approximately 14,195 square feet, and Loudon Avenue from Gainsboro Road to its
intersection with the west side of First Street, N. W., such area containing
approximately 12,215 square feet, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 2, 2006 and Friday, June 9, 2006.
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The City Planning Commission submitted a written report advising that the
petitioners own all of the adjoining properties with two exceptions: Official Tax
No. 2013001, which is owned by the City of Roanoke, and Official Tax No.
2013012, which is owned by the Henry Street Roanoke Partners, LP; the petitioners
intend to vacate the right-of-way to allow for development of a General Services
Administration (GSA) building, which comprises three Federal agencies, the Social
Security Administration, Office of Hearings and Appeals, and the Department of
Disability Services in Virginia; and the subject portions of rights-of-way are needed
to comply with the Federal requirement that the building be at least 50 feet from a
public right-of-way.
The Planning Commission did not recommend approval of the request,
finding that vacation of the subject portions of Loudon Avenue and First Street,
N. W., is not consistent with design guidelines of Vision 2001-2020 and the
Gainsboro Neighborhood Plan; however, should Council favorably consider the
vacation of rights-of·way, the portions of rights-of-way vacated should be subject
to payment by the applicants of $198,075.00 and the following conditions:
A.
The applicant shall submit a subdivision plat to the Agent for
the Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City
of Roanoke; said plat shall combine all properties which would
otherwise dispose of the land within the right-of-way to be
vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress;
B. Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of
Council's ordinance for recordation to the Clerk of the Circuit
Court of Roanoke, Virginia, 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 the applicant shall pay
such fees and charges as are required by the Clerk to effect
such recordation;
c.
Upon recording a certified copy of Council's ordinance with the
Clerk of the Circuit Court of the City of Roanoke, Virginia, the
applicant shall file with the Engineer for the City of Roanoke,
Virginia, the Clerk's receipt, demonstrating that such
recordation has occurred;
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D.
If the above conditions have not been met within a period of
one year from the date of adoption of the Council's ordinance,
said ordinance shall be null and void with no further action by
Council being necessary;
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Council Member Dowe offered the following ordinance:
(#37464-061906) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of way in the City of Roanoke, as more particularly
described hereinafter; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 416.)
Council Member Dowe moved the adoption of Ordinance No. 37464-
061906. The motion was seconded by Council Member McDaniel.
Edward A. Natt, Attorney, representing the petitioners, appeared before
Council in support of the request of his clients.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing:
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Mr. Natt presented a site plan, including a proposed footprint for actual
construction of the Social Security Administration Office building. He advised that
the street closure is necessary as a part of the process to development a new
building for the Social Security Administration.
Mr. Natt advised that:
· The new building will house three Federal agencies, the Social Security
Administration, the Office of Hearings and Appeals, and the
Department of Disability Services in Virginia.
· Approximately 300 employees will be housed in the building.
·
It is necessary to close the streets because approximately ten years
after the Oklahoma City Federal Building was bombed, the Federal
government enacted regulations regarding vehicular traffic in and
around Federal buildings which included a provision that no vehicles
could be driven within a distance closer than 50 to 100 feet of any
Federal building, therefore, site constraints require the closing ofthe
two streets in question to allow for the 50 foot setback.
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·
Two sides of the building meet the requirement without street
closure; however, street closure is necessary on the other two sides.
· An appeals process currently is in effect with regard to the 50 foot
requirement, but the project has progressed through the former set
of General Services Administration regulations and is so far down the
line that the award was granted based upon the 50 foot requirement.
· An e-mail from Bernard Minokowski, representing the General
Services Administration, indicates that there will be no relief from the
50 foot requirement and if the setback cannot be met at the site
presently under consideration, the GSA will consider other properties.
· Vision 2001-2020 suggests that an interconnective street should be
encouraged, but there have been deviations in several instances i.e.:
Second Street Bridge, Gainsboro Road, and Wells Avenue. In this
particular case, it is believed that the request before Council is an
appropriate deviation from guidelines and the streets in question
should be closed.
·
The proposal is also consistent with the Gainsboro Neighborhood
Plan inasmuch, as it will allow for an office use that is consistent with
uses described and suggested in the Gainsboro Neighborhood Plan.
I
· The proposed office use fits well within the village center concept,
and will place a large number of people in the building on a regular
basis. 300 employees plus those residents of the City of Roanoke, the
Roanoke Valley and elsewhere who visit the Social Security
Administration Building for various reasons, all of whom will support
retail use in the area.
· The proposed use will serve residents of the Roanoke community and
the Roanoke Valley as a whole.
· The proposed use is also consistent with the Henry Street Village
Center inasmuch as the office building will provide the village center
that is called for in the plan.
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·
A major issue is the use of First Street as a pedestrian walkway;
therefore, a provision is incorporated in the revised ordinance to
provide that the closed portion of First Street will be permanently
dedicated for pedestrian traffic in a public walkway/parkway area.
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· The proposal meets height requirements of not more than four
stories, with the proposed building to be three stories high; all
architectural plans for the building will be reviewed and approved by
the GSA on a Federal level, by the State's historical preservation
group on a State level, and by the Roanoke Redevelopment and
Housing Authority as owner of the property on a local level.
·
City Planning staff recommended approval of the street closures;
however, the City Planning Commission voted not to recommend the
street closures to Council, therefore, it is important to look at some
of the reasons for the negative recommendation by several Members
ofthe Planning Commission. Two Planning Commissioners stated that
they do not favor street closures; one Planning Commissioner stated
that the proposal is inconsistent with various community plans,
however, Mr. Natt advised that information previously submitted
indicates that the proposal is consistent with the Gainsboro
Neighborhood Plan; one Commissioner stated that because plans in
the past have not worked, it does not mean that they will not work in
the future; one Commissioner stated that the proposal does not
further the neighborhood plan; one Commissioner stated that the
plan is similar to the evils of urban renewal; and the Chairman of the
City Planning Commission supported the request because the project
will bring people to the Henry Street area which will support other
facets of the various plans for the neighborhood.
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· Now is the time to move forward with a good project that assists the
Gainsboro neighborhood and complies with the Gainsboro
Neighborhood Plan.
· Numerous persons and organizations strongly support the request
which can be substantiated through correspondence from various
individuals and organizations.
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.
The proposal is one of the most significant requests for downtown
Roanoke in the last 15-20 years which will permit the construction of
a new building for the General Services Administration of
approximately 70,000 square feet and house over 300 employees.
· The City of Roanoke needs this type of development to keep people
in downtown Roanoke, and to bring others to the downtown area in
order to revitalize downtown Roanoke and historic Gainsboro.
· A GSA official has stated that if the request to close the streets is not
voted on affirmatively by the Council by June 30, officials will look
elsewhere for a potential site.
There was discussion with regard to the placement of bollards at both ends
of First Street; whereupon, the City Manager advised that the streets that are
proposed for closure will belong to the developer, the developer will construct the
building and lease the building to the GSA; the ordinance presently before the
Council grants a public access easement over First Street which provides the
assurance that the street is a public space and pedestrians may traverse the area;
and bollards will prevent vehicular access.
There was discussion with regard to parking; whereupon, the City Manager
advised that paid parking will be available for employees of the GSA at the same
rate as others who currently park on the surface lot, or at the Gainsboro Parking
Garage. She stated that if it is found that employees of the GSA, in large numbers,
continue to park on a regular basis in the Gainsboro Parking Garage and on the
surface lot, it is likely that at some point in the near future the City will consider
the addition of one or two additional floors to the Gainsboro Parking Garage,
although such is not a requirement of the project and is something that the City
would want to assess as the project moves forward and if there is a level of
confidence that the Social Security Administration office staff will regularly rent
approximately 200 parking spaces. She explained that the Gainsboro Parking
Garage was designed with the understanding that at some point in the future two
additional floors would be added, therefore, the major structure is capable of
handling two additional floors if and when necessary.
R. Brian Townsend, Agent to the City Planning Commission, advised that:
· In March 2003, when Council adopted the Gainsboro Neighborhood
Plan, reference was made that Council was also adopting the RNDC
sketchbook for the "Yard at Henry Street" dated July 13, 1998, as
adopted by the Roanoke Redevelopment and Housing Authority.
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.
City Planning staff submits that while the Social Security
Administration office building is not an exact implementation of the
concept that was included in the 1998 Yard at Henry Street Plan that
was adopted as a part of the Gainsboro Neighborhood Plan, it is
substantially consistent with the intent of the treatment of Henry
Street and Loudon Avenue, and the placement of a two to four story
office building on the subject property.
I
Reference was made to a Section 106 review and a communication under
date of January 6, 2006, from the State Historic Preservation Officer who called
attention to a potential impact regarding a preliminary determination that there
may be archeological remnants on the property relative to a previous use.
The Vice-Mayor advised that 18 persons had registered to speak on the
matter; therefore, each person would be allocated three minutes to present their
remarks.
Dr. Gerald Roller, 1135 Clearfield Road, S. W., spoke in opposition to the
closure of streets for the Social Security Administration Office building. He stated
that a Social Security building does not belong in the Gainsboro Historic area
which has been listed as the National Register for Historic Places and on the
Virginia Landmark Register. He added that the first African-American hospital,
Burrell Hospital, was located on the grounds, the Burrell Pharmacy and the Claytor I
Pharmacy were also located in the area, Alexander Terrell formed the Hunton Life
Saving Crew, Dr. Terry Penn, a dentist, was the first African-American to be
appointed to a school board in the south, Dr. Wendell Butler, a dentist, was also
the first black person to serve as Chairman of the Roanoke City School Board, and
Dr. Butler and the late Mayor Noel C. Taylor were the first African-Americans to
serve in positions of authority in City government for the first time in Virginia's
history. He stated that the General Services Administration could find another
location for the Social Security Administration office building other than in the
historic Gainsboro area which was the center of African-American social life in the
early years of Roanoke's history.
Ms. Alice B. Roberts, 411 Gilmer Avenue, N. W., encouraged Council to
uphold the recommendation of the City Planning Commission and deny the
request to close the streets. She advised that the State and the nation recognized
the significance of Henry Street by listing the area as a historic district on the
Virginia Landmarks Register and the National Register of Historic Places,
therefore, the City of Roanoke should recognize and honor Henry Street's place in
local history and retain the remaining integrity of the area. She stated that with
the celebration of Roanoke's 125'h anniversary, the black community looks back
with regret at the number of historic resources that have been lost over the years,
including the Magnolia House, an 1837 tavern in the original Gainsboro settlement I
at the intersection of Williamson Road and Orange Avenue that was demolished in
1974 and could have served as an excellent welcome center at this historic
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gateway to Roanoke. She asked that the City of Roanoke be extremely cautious not
to overlook such resources in search of quick and lucrative solutions to land use
and stated that City officials can never take too much time to make the right
decision when the stakes such as loosing historic resources are irreversible. She
added that the regional Social Security office building may be needed, but the
concern centers around the proposed location on Henry Street. She stated that she
was not opposed to RNDC's original plan that contained no vehicular restrictions,
and requested that the original plan be followed. She expressed concern with
regard to the rationale for placing the Social Security Administration office
building in downtown, when the City's Department of Social Services was relocated
from downtown Roanoke to Williamson Road. She inquired as to how the RNDC
plan and the proposed Social Security Administration office building plan fits in
with the officially adopted Gainsboro Redevelopment Plan which sets forth specific
development and land use patterns for the Gainsboro neighborhood and was
approved by the Roanoke Redevelopment and Housing Authority and City Council,
and has the redevelopment plan been officially amended to incorporate the
proposed development of the Social Security Administration office building,
including the closing of streets.
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., read a letter from
Daniel E. Hale, President, Roanoke Branch, NAACP, advising that the NAACP is
extremely concerned about development of Henry Street and its implications, not
just for the black population of Roanoke, but for the success of integrating all
facets of the City. The letter stated that Henry Street development should be
about what is best for the City of Roanoke, and not about what is best for a select
group or organization.
Reverend Tinsley advised that in 1982, he served as Vice-President of the
Gainsboro Neighborhood Development Corporation, the City of Roanoke provided
the organization with $105,000.00 to engage the services of a consultant to
prepare a study of the Henry Street area, and a consulting firm from Atlanta,
Georgia, was engaged to prepare the study which was never implemented by the
City. He stated that it is inexcusable that issues affecting the Henry Street area
continue to be debated in the year 2006, and advised that he could not support
the closing of streets in the Gainsboro area for the proposed Social Security
Administration office building.
Ms. Mary C. Bishop, 2311 Kipling Street, S. W., advised that it is time for the
City to honor the history of Henry Street; however, the Social Security
Administration office building is not the way to do so. She stated that the
neighborhood plan for Gainsboro calls for commercial uses on the first floor of
Henry Street buildings and for a central square to serve as a community gathering
place, and despite what has been described in the presentation by Mr. Natt, it is
obvious that retail space will be severely reduced by the Social Security
Administration office building. She advised that the Henry Street Festival is one of
the best attended events in Roanoke; people come from far and wide to Elmwood
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Park, and it is her dream that someday the Henry Street Festival will return to
Henry Street, however, it is questionable if the Social Security Administration office
building is constructed on the proposed site. She added that there is nothing in
the vicinity of Henry Street that invites relaxed meandering along the historic
street.
I
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the closing of
streets in the Gainsboro area to permit construction of the Social Security
Administration office building raises serious questions about how development in
the City of Roanoke is planned and carried out; and it would have been helpful had
the City Manager and the President of the Roanoke Neighborhood Development
Corporation held public City-wide meetings to explain the proposal, which could
have involved Gainsboro residents in the decision making process. She stated that
many citizens, including non Gainsboro residents, believe that a building of this
magnitude, requiring the closing of streets, will not enhance the small historic
Henry Street district; and there should be accountability and responsibility from
each party involved in the proposal. She advised that acknowledging the City of
Roanoke's past practices of urban renewal, it is at the height of arrogance to
propose closing streets on the only remaining block of historic Henry Street which
is currently under transformation as a historic area where people from throughout
the Roanoke Valley and the nation can celebrate diversity. She stated that the
Social Security Administration office building does not belong on historic Henry
Street and asked that Council deny the request to close the above referenced
streets.
I
Mr.Joshua Humphries, 806 Stewart Avenue, S. E., Apt. 3, expressed concern
not about the actual closing of streets in the Henry Street area and elsewhere, but
about the process. He stated that there appears to be many unanswered questions
and encouraged that there be more dialogue and more time for people to sort out
their differences.
Ms. Andrea Krochalis, 9428 Patterson Drive, Bent Mountain, Virginia, Chair
of the Smart Growth and Transportation Committee of the local Sierra Club, spoke
in support of the request of the community that streets around the proposed
building site for the Social Security Administration office building not be closed.
She stated that homeland security demands on the building will limit public access
which will dramatically alter the historic character of neighborhood revitalization
efforts; and this gateway area of the neighborhood will take on a commercial and
institutional style. She advised that like many inner City neighborhoods in
America, the Gainsboro community continues to deal with the consequences of
urban renewal programs of the 1960's and 1970's that displaced many families
and businesses; and the general sentiment in America today and in Gainsboro is
that urban renewal was something done to the community instead of with the
community. She stated that one of the main purposes of a neighborhood I
development plan is to ensure that the community is involved in determining its
own future, and that the goals and interest of the community are reflected in
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future development, ultimately leading to a better and more vibrant Gainsboro.
She added that smart growth directs investment in existing City neighborhoods,
thereby enhancing a vital urban core; downtown areas are the calling cards of
cities, thus they require shared space, space that offers cultural statements; and
the Gainsboro neighborhood provides an opportunity to enhance the cultural and
historic setting, which cannot happen if the area is rendered inaccessible. She
suggested that the City explore the waivers available through Homeland Security
and reduce the negative impact on historic revitalization in the Gainsboro area
which is in keeping with the neighborhood plan. She stated that Council has the
opportunity to demonstrate that the City of Roanoke has learned from the errors
of the past, and requested that Council demonstrate leadership by following the
intent of the Neighborhood Plan and by not repeating errors that led the
community to feel that urban renewal was something that was done to the
community instead of with the community. She requested that Council endorse
the recommendation of the City Planning Commission to deny the request for
closure of the streets.
Ms. Brenda Allen, 12 Gilmer Avenue, N. E., spoke in opposition to the
proposal to construct the Social Security Administration office building on Henry
Street because the office building will not fit in with the cultural district that is
proposed for Henry Street. She stated that by preserving the community and by
providing a cultural district, people will know the true meaning of the historic
Gainsboro area which includes a historic library and a park (Washington Park)
where Booker T. Washington once spoke. She added that the area could be
showcased with various types of entertainment, art, history, and exhibits.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., spoke in support of the
recommendation of the City Planning Commission to deny the request for street
closures. She stated that neighborhoods form the fabric of a city; and the
Gainsboro Neighborhood Plan did not include the Social Security Administration
office building, which will not fit in with the historic character of the Gainsboro
area. She asked that Council consider the input of citizens who reside in the area
and work with the three neighborhood organizations and the RNDC toward a
solution that will serve the needs of all parties that have an interest in the closing
of the streets.
Mr. William T. Bratton, 1537 Lafayette Boulevard, N. W., advised that
construction of the Social Security Administration office building will not enhance
the historic aspects of the Gainsboro community. He stated that there are other
locations in the Roanoke area where the Social Security office building could be
constructed that would be more appropriate and asked that Council consider the
wishes of the people who live in the Gainsboro neighborhood and not the
monetary value that the City stands to gain as a result of constructing the Social
Security Administration office building in the Gainsboro neighborhood.
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Mr. James R. Lindsey, Jr., 3717 Winding Way Road, S. W., advised that he,
along with a large delegation of persons, addressed the Council approximately 25
years ago in opposition to the taking of property through imminent domain for
the new Roanoke Coca Cola Bottling Plant. He expressed concern with regard to
statements made earlier in the meeting that Council must make a decision this
evening, or the GSA will begin to look at other locations for the Social Security
Administration office building. He pointed out that if the process has not been
sufficient to the extent that the community at large is comfortable with the
project, and if Council is not 100 per cent of the mind that it is the right thing to
do, then Council should look back at the decisions that were made in connection
with the Coca Cola plant, and take more time to study the proposal to ensure that
the right decision is made.
Mr. Eldon Karr, 8011 Poor Mountain Road, Roanoke County, spoke as a
member of the Board of Directors of the Medical History Foundation. He requested
that Council consider the following points in opposition to the closing of Henry
Street for the specific purpose of constructing a facility to be leased long term to
the United States Government Services Administration to house the regional Social
Security Administration offices, i.e.: the organization slated to receive direct
proceeds from the lease of the proposed building is the Roanoke Neighborhood
Development Corporation, RNDC, which is a community development corporation
originally organized by the City of Roanoke to be eligible to receive Federal
Community Development Block Grant funds; from its inception RNDC has been
publicly promoted by Roanoke City government as being representative of
Roanoke's black community; documentation can be provided to show that on
numerous occasions at public meetings, RNDC has claimed that any and all
proceeds to RNDC through the development of Henry Street property would be
reinvested into Roanoke's African-American community; under Federal law, such a
commitment cannot be documented in the charter of a Federally funded
community development corporation, therefore, this information which has been
given to the public over many years has been untrue. Secondly, he stated that the
City of Roanoke has funded payment of a court judgment in favor of the Walter
Claytor family against the Roanoke Redevelopment and Housing Authority with
monies long slated for Henry Street infrastructure improvements; the funds were
reappropriated by recommendation of the City Manager under the assumption
that Council would approve the Social Security Administration office building
project, in lieu of pursuing the desires of a majority of the citizenry attending
numerous public planning sessions and documented in the City's Comprehensive
Plan. He spoke against constructing the Social Security Administration office
building in the Gainsboro area.
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Benjamin Fink, Chair, Roanoke Redevelopment and Housing Authority,
advised that the Housing Authority has worked with the City and RNDC since 1"996
to identify a viable project for the property in question. He stated that in 1999,
the RRHA adopted a resolution stating that the property would be donated to
RNDC when RNDC proposed a viable office project; and the Social Security
Administration office building is considered to be a viable office project, therefore,
the Housing Authority recommended closure of the streets to enable the project
to proceed.
Mr. Carl D. Cooper, 841 Pinewood Drive, N. W., spoke in support of
constructing the Social Security building on the proposed site. He stated that the
Social Security office building in downtown Roanoke contributes to the economic
vitality of the City, and keeping the Social Security bUilding in Gainsboro will assist
in anchoring future development in the Gainsboro area and the Henry Street
district, while promoting the village center concept as set forth in the City's
Comprehensive Plan. He added that RNDC should continue to be supported and
assisted by the City in order to achieve the purpose of spearheading collective
collaborative minority economic development. He advised that while there are
legitimate historical and preservation considerations to be addressed, some of the
current opposition to the project ultimately centers around demolition of
perceived historical buildings and opposes the building of new structures in
historical areas. He stated that the City and RNDC should continue to move ahead
with the project, conditional upon satisfactory safeguards to ensure that RNDC
focuses on its stated goals. He urged Council not to succumb to the desires of
some persons to remain mired in the past, but instead to move boldly into the
future toward Roanoke as an All America City through world class neighborhoods.
Mr. Mark D. Clark, 6734 Shingle Ridge Road, Roanoke County, a historic
preservation contractor, advised that historic development in areas around First
Street and Loudon Avenue, or Henry Street, are primarily small scale commercial
establishments, churches, homes, etc; to hold back on parking per current Federal
regulations will substantially change the scale, accessibility and use of the area;
changes to the scale of the neighborhood is addressed in the City's
Comprehensive Plan, Vision 2001-2020; and neither alterations to the existing
streets or construction of the Federal building are in keeping with existing City
policy, Department of Historic Resources guidelines, or the United States
Department of Interior historic guidelines. He explained that in 2004, when the
Henry Street historic district was placed on the Virginia Historic Landmarks
Register, the Department of Historic Resources took into consideration how the
neighborhood looked then as opposed to 50 years ago, by looking at such issues
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as transportation routes, commercial routes, streets, etc, and the present
appearance of Henry Street and Loudon Avenue were part ofthe point system used
by DHR to determine the historic designation of the area; therefore, for the
developer to reap the benefits of historic tax credits only to change them at some
future date goes against the spirit of the Virginia Department of Historic
Resources. He advised that the question before Council should not be how best to
change and modify the City's established and agreed upon neighborhood planning
policies in order to acquiesce to one entity, but how the entity can change or
modify its request to conform to the City's current provisions.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that during the
discussion it was stated that the Social Security office building should be located
in downtown Roanoke, however, there are other areas in downtown, such as the
area north of Orange Avenue that was considered for a stadium or amphitheater
that is still vacant and available for development, therefore, to say that the
building must be located on Henry Street in order to be in downtown is inaccurate.
She stated that the public has been told that RNDC will be a partner with the
developer and receive part of the profits, but the public has not been advised of
what RNDC is contributing to the development that will entitle the organization to
a portion of the profits. She stated that RNDC has not made its plans known and
has held few, if any, community meetings to inform the Gainsboro community of
its actions, therefore, how can the community be expected to support a project
with very little information having been provided. She advised that in order to
prepare for the future, one must know the past, and unfortunately the past in the
City of Roanoke in so far as the black community is concerned, has been based
upon promises that never came to fruition. She requested that Council support
the recommendation of the City Planning Commission and deny the petition for
closure of streets because there are other locations within downtown Roanoke
where a Social Security Administration office building could be constructed.
Charles A. Price, Jr., representing the Roanoke Neighborhood Development
Corporation, an organization that was established more than eight years ago to
maintain minority business presence in the Henry Street area, spoke in support of
the closing of streets in the Gainsboro area for construction of the Social Security
Administration office building. He stated that RNDC partnered with Harwood and
Associates to construct an office facility at the corner of Wells Avenue and First
Street; for the past seven years, RNDC has struggled to put together a viable
project; the initial plan was for RNDC to produce a project on its own, but there
were too many obstacles to overcome, the main one being capital; through the
course of RNDC's history, numerous scenarios have been examined to no avail;
and several developers were interested in working with RNDC, but their proposals
were not in alignment with RNDC goals, which included ownership and the ability
to reinvest into the community. He stated that RNDC responded to a request for
proposals from the General Services Administration for the Social Security
Administration office building and met with success at the first stage, but was
eliminated in the second stage because the GSA was not convinced that RNDC's
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local consultants were experienced enough to carry the project through. He
further stated that sometime later, Harwood and Associates was selected by the
GSA to develop the Social Security project, and Harwood and Associates contacted
RNDC after their proposal was rejected by the Board of Zoning Appeals. He
explained that RNDC's relationship with Harwood and Associates is a partnership
that serves to benefit not only the Gainsboro community, but the City of Roanoke
at large, it provides an opportunity to recapture portions of RNDC's vision and
goals; and RNDC's master plan originally allowed for pedestrian friendly
development sites, therefore, the request to close the streets is not out of line.
On behalf of RNDC, he requested that Council approve the street closures.
Mr. Barry B. Butler, 6419 Sugar Ridge Drive, spoke in opposition to the
construction of the Social Security building on Henry Street and the closure of the
streets. He stated that the City of Roanoke is similar to other cities such as
Newark, Camden, North Tulsa, and Oklahoma City where there is a strong African-
American presence in areas that have been neglected and underserved. He
referred to the Gainsboro Neighborhood Plan which was previously adopted by
Council in 2003 and inquired if the hard work and input that went into the
Neighborhood Plan is to be over looked, not to mention the many years of history
that exists in the Gainsboro area that should not be ignored. He advised that it
has been said that constructing the Social Security Administration office building
on the site in question will create jobs, when, in fact, it will only shift existing jobs
from one location to another; the footprint for the building is too large for the
available land; and the people who visit the Social Security Administration building
will be one time visitors who have no interest in spending money to improve the
City's economic base. He asked that Council deny closure of the streets because it
will be a detriment to the history, culture and educational aspects of the
Gainsboro community.
Mr. Natt presented the following summary remarks:
. It is difficult to speak against the wishes of those who feel as strongly
about their position as the persons who addressed Council this
evening; however, in this particular case, one must look at the history
of the project; City staff indicated a strong desire to keep the GSA
50cial Security facility in downtown Roanoke; and when the first
attempt to locate the building at the Airport site was denied by the
Board of Zoning Appeals, GSA representatives met with RNDC, and
formed a partnership, or a co-ownership venture, to develop the site
in question in order to keep the project in downtown Roanoke.
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·
A number of speakers made the point that more time is needed to
study the project; however, it is not possible to devote more time to a
study of the site in question because the City has been advised that if
the street closures are not approved by June 30, 2006, GSA officials
they will look elsewhere for a location, which could be in the City of
Roanoke or elsewhere.
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· GSA representatives have looked at every site in the central business
district, they have reviewed potential street closures, the site in
question is the only site that is workable, and a partnership exists
with RNDC that involved the community.
· The proposed plan is basically the same plan as the "Yard at Henry
Street. "
· The Chairman of the Roanoke Redevelopment and Housing Authority
(RRHA) previously stated that the RRHA has looked for viable projects
for the site in question since 1996.
·
Approximately 300 employees of the Social Security Administration
work in downtown Roanoke in the former Stone Printing Company
building, and if the request to close the streets is not approved,
those 300 employees will leave the downtown area and the City of
Roanoke will loose the tax revenue generated by those employees.
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· Efforts over the past ten years to develop the site have not been
successful, the City has been presented with a proposal that is
workable and will provide an opportunity to put money back into the
local community.
Council Member Wishneff advised that regardless of the outcome of the
Council's vote this evening, the City of Roanoke is not anti development. He
stated that the point has been made repeatedly that there is a conflict between
Federal regulations since the Oklahoma bombing and good downtown design, and
the City of Roanoke is not alone since this kind of discussion is taking place in
many localities throughout the country because there is a desire to keep Federal
government buildings in the downtown areas. He expressed appreciation to RNDC
and specifically to Charles Price for the work that the organization has done to
reach this point. He stated that he intended to vote against closing the two streets
because it does not represent good downtown design. He encouraged the City
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Manager and RNDC, regardless of the vote, to continue working with the
neighborhood and the GSA with regard to revisiting whether some development
along the front of Henry Street could be accomplished that would be open to the
public and would be more in keeping with the character of Henry Street.
Council Member McDaniel advised that she would vote in support of closure
of the streets.
Council Member Lea advised that good points were made on both sides of
the issue, however, when weighing all of the factors, he is inclined to support the
street closures. He stated that RNDC, which has worked for a number of years to
secure a project for the area, needs to be given an opportunity to move forward,
and it is also best for the City of Roanoke to move forward on the issue.
Council Member Dowe advised that it has been stated that Gainsboro is a
neighborhood, yet on the exact opposite side of Gainsboro Road is the Norfolk
Southern Building, which is now the Roanoke Higher Education Center and could
be commercial in nature, along with the culinary school, arts, culture, ete.;
therefore, the fundamental question becomes: is Gainsboro a neighborhood, or is
it a vibrant commercial district when taking into consideration the
abovereferenced commercial entities. He stated that the second fundamental
question is: should the streets be left open to nothing, or should the streets be
closed, for some type of construction and work the streets around what is
constructed. He added that he is respectful and appreciative of not only the
history of Gainsboro, but the number of people from mainstream Roanoke who
have talked about their respect for Gainsboro's history. He stated that he does not
believe that the Social Security building will be the sole catalyst for economic
development for the area, just as much as he does not believe that this one
building will be the one thing to save all the ails and errors that have been made
at the expense of a people in the past. He advised that Mr. Natt alluded to the
fact that there have been good ideas in the past, but it was not until there was an
actual plan that was being formalized that other people started to mobilize, and if
Roanoke is not careful, it can be crippled as a community with good solid ideas,
where citizens find themselves second guessing everything that has been done in
the past and everything that will be done in the future. To that point, he stated
that there will not be such a thing as a win/win/win for everyone, but
opportunities to do things that are expedient and best for not only Roanoke's
current citizenry but for the future. He advised that his vote will be in favor of
closing the streets.
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Council Member Cutler advised that neighborhoods cannot be frozen in
time. Speaking as an ecologist, he stated that natural communities and the human
community is constantly changing and the past cannot be frozen or recreated. He
added that the First Street Bridge was closed to vehicular traffic and renamed the
Martin Luther King, Jr. Memorial bridge; and closing another nearby short stretch
of First Street to vehicles further contributes to a vehicle free environment where
pedestrians can stroll at will, retail can be provided near the parking garage, with
benches, tables, and street vendors; and strolling actors and musicians from the
Dumas Center, Opera Roanoke, the Dumas Drama Guild, and the Downtown Music
Lab can provide entertainment. He stated that the pedestrian bridge and plaza can
be a point of departure for walking tours of Gilmer Avenue and other important
black history sites. He advised that the proposed plan will enhance pedestrian
opportunities that will be enjoyed by tourists, therefore, he will vote in favor of the
street closures.
Vice-Mayor Fitzpatrick advised that whatever is constructed in the Henry
Street area, whether it is a medical museum, the Ebony Club, the culinary institute,
or the Dumas Hotel must attract visitors in orderto succeed: and currently under
discussion is not the people who come to the Social Security building for
assistance on a one time basis, but the people who will be exposed to the Henry
Street area because of all of the things that are happening, they will see a place
that for the first time in recent history is secure, well lit, and creates a public
environment that allows visitors to have the opportunity to experience Roanoke
and its rich black history. He ventured a guess that Dr. Martin Luther King, Jr.
would much rather see citizens of all races in the plaza having a good time
because the City elected to move the Henry Street Festival back to where it rightly
belongs, instead of watching cars drive up and down a one half block radius. He
stated that appreciation is extended to anyone and everyone who has been part of
the debate since the 1980's to date, because it shows that they care about
Roanoke, they are interested in seeing that the community succeeds, and they
want to do what is right for Roanoke. He advised that the goal of Council as
leaders of the City of Roanoke is to do what each Council Member believes is right
in trying to bring back a part of Roanoke that has been dead for many years. He
expressed the hope that the Social Security building, the people who will occupy
the building and the people who will visit the building will be the kind of people
who will come back to the area because they sense that it is a good place to visit
and there will be a new level of leadership that rises up from the black community
to work with the white community to create additional opportunities for black
entrepreneurial business and opportunities to work together in a new Henry Street
that is a part of downtown, and complements such facilities as the Roanoke Higher
Education Center and The Hotel Roanoke & Conference Center.
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The City Attorney clarified that the ordinance before Council provides that
the City will reserve a permanent pedestrian easement on the vacated portion of
First Street, and the applicant has proposed to add the same easement for the
portion of Loudon Avenue up to the bollard which is shown on the site plan. He
read into the record the following proposed amendment to the ordinance: "BE IT
FURTHER ORDAINED that the City of Roanoke reserves on the portion of the right-
of-way vacated, discontinued and closed hereby, a perpetual easement for public
pedestrian ingress and egress, except on that portion of Loudon Avenue west of
the bollards as shown on the site plan dated April 25, 2006, by MMM Design
Group, a copy of which plan has been filed with the City Clerk."
Ordinance No.3 7464-061906 was adopted by the following vote:
AYES: Council Members McDaniel, Cutler, Dowe, Lea and Vice-Mayor
Fitzpatri ck _mmmhnnnnmnn.un_.m._mm_mmmmm___m_nnmmhmm_mmmmn_.m 5.
NAYS: Council Member Wishneff mmnmou._m_mmmh_n._mm_mmou_.mml.
(Mayor Harris was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
STREETS AND ALLEYS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised
that it is believed that all has been spoken and all has been written about the
petition to close streets in the historic Henry Street area as a forerunner to
construction of a Social Security Administration office building. She stated that the
City Planning Commission overwhelmingly voted to deny the petition for closure of
the streets; whereupon, she inquired if Council heard what was said and read all of
the material was submitted and does the Council understand how a significant
part of Roanoke's history will be destroyed. She questioned why the vote was
taken without the Mayor's presence inasmuch as citizens should be aware of his
official position on such an important issue. She questioned why action on the
matter could not have been delayed to allow the new Council Members to vote on
the issue. She stated that she represents many citizens who believe that the
present Council majority will leave a legacy of division, destruction, and destroy.
86
There being no further business, the Vice-Mayor declared the Council
meeting adjourned at 10:55 p.m.
APPROVED
ATTEST: 0
/"J ~ -J t~-
Mary F. Parker
City Clerk
Beverly T. Fitzpatrick, Jr.
Vice-Mayor
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REGULAR WEEKLY SESSIONm-ROANOKE CITY COUNCIL
July 3, 2006
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
July 3, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 37109-070505 adopted by
the Council on Tuesday, July 5, 2005.
PRESENT: Mayor C. Nelson Harris--mu._oooomm_mumhm._.mummmmnnl .
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwen W. Mason, David B. Trinkle, Brian J. Wishneff·moommmoo6.
Due to the lack of a quorum, the Mayor declared the Council meeting in
recess until 10:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke.
The Council meeting reconvened at 10:00 a.m., in Room 159, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor Harris presiding.
PRESENT: Council Members Alfred T. Dowe Jr., (arrived late), Beverly T.
Fitzpatrick, Jr., Sherman P. Lea, Gwen W. Mason, David B. Trinkle, and Mayor C.
N e I so n H arri Sn..n______. ______oooooo____oooo___________oooooo__.__oo___oo_oooo__oo__oo..n____________--00-6.
ABSENT: Council Member Brian J. Wishneffmmmoomm__oooomoommmh_n__l .
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.
88
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended,
was before the body.
I
Council Member Fitzpatrick moved that Council concur in the request of
the Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle and Mayor
H a r ri s 000 00 - - - - - - - - - - _.u - - - 00 _ _ _00' 00 -0000-00 _000000 _ _ _ _ _ _ _ _ _. _. 0000 00 00 - - _00_ 00 - -_._ 0000._. - 00 000000 - - - - - - - - - - - - 5 .
NAYS: No n e n_hu____n______nn__n_nnnnn._···__·_n____un_____un_______________000000_0.
(Council Member Wishneff was absent.) (Council Member Dowe was not present
when the vote was recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for
a public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City of Roanoke, pursuant to I
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
Council Member Fitzpatrick moved that Council concur in the request of
the City Manager to convene in Closed Meeting as abovedescribed. The motion
was seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle and Mayor
H arri s - un 00 _ _ _ _ _ _ '00__' -- - _00_ - - - - 000000 _ _ _ _ 0000 _00 _.._ 00 0000 00 - - - - - - - - 00 - - - _. -. noon - - -00-00 00 - - - - - - - - - - - - n - - 5 .
NAYS: No n e nn_._n_n_uu_nuunnnnnn_uun_nuuu_nnu._nnnnuun_.hUUUU_O.
(Council Member Wishneff was absent.) (Council Member Dowe was not present
when the vote was recorded.)
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89
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for
a public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City of Roanoke, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
Vice-Mayor Trinkle moved that Council concur in the request of the City
Manager to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Fitzpatrick and adopted by the follOWing vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle and Mayor
H arri s___oooo_______n____noo____oou___n__.__oo m___Uoo_h...n_oo____UooU_hnoooo____oooooooohoooo__oo__ 5 .
NAYS: No ne _oo____n__oooo____oooo__oohnn.____oo______oo__n_.noooo_____uu___00-_.00____0000_0.
(Council Member Wishneff was absent.) (Council Member Dowe was "not present
when the vote was recorded.)
Council Member Dowe entered the meeting.
ITEMS LISTED ON THE 2:00 P. M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P. M.
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
SCHOOL BOARD MEMBERS PRESENT: Jason E. Bingham, Mae G. Huff,
William H. Lindsey, Courtney A. Penn, and Alvin L. Nash.
OFFICERS PRESENT: Bernard J. Godek, Assistant Superintendent for
Management.
90
PATRICK HENRY HIGH SCHOOL PROIECT:
I
SCHOOLS: William H. Lindsey, Member, Roanoke City School Board,
advised that Mike Farris and Doug Childress of J. M. Turner and Company were
present for questions following the presentation. He reviewed the following
information:
New Patrick Henry Hiqh School - Project Budqet Update
Pro"ect Costs to Date:
Total A roved Fundin
Phase I Bud et
Total Cost Phase I
Phase I Cost vs Phase I Bud et
Phase II Bud et
Available Fundin Phase II
Phase II Bids Awarded
Remainin Bud et Phase II
Antici ated Cost to Com lete Phase II
Funds Needed to Com lete Phase II
$ 48,125,000.00
$ 26,113,129.00
$ 27,913,447.00
($ 1 800,318.00)
$ 22,011,871.00
S 20,211,552.00
$ 19,619,347.00
$ 592,205.00
$ 6,618,021.00
$ 6,025,816.00
Increased Proiect Cost Factors: I
Commercial Construction Industry Cost Increases:
59 per cent increase in fuel costs
25 per cent increase in PVC pipe
50 per cent increase in brick, mortar, and masonry block
44 per cent increase in steel (large beams, reinforcing bars, framing,
conduits, piping, ductwork, electrical fixtures)
200 per cent increase in copper
100 per cent increase in sheet metal
50 per cent increase in asphalt
High demand for limited skilled labor force
Overhead cost increases to compensate for insurance premium
inflation
Project Impact - $4.2 Million
I
91
I
Unbudqeted Costs Associated With Phases I and II:
Phase I
Modular set up and tear down
Construction and tear down of decking/walkways for modular
campus
Temporary bus drop off (Clara Black)
Utility connect/disconnect/reconnect costs (electric, water, sewer, gas,
telephone, cable, data, alarms)
I
Phase II controls
New security system
Appliances/furniture/stage equipment
Moving services (modular campus to Phase I and McQuilken/modular
campus to Phase I, Gibboney, and Phase II)
Site security/protective fencing/traffic cones/temporary parking lot
lighting
Special education greenhouse
Building permits and bonds
Hall clocks/building signage/door locks
Scoreboards for main gymnasium
Project Impact - $1.4 Million
Approved Chanqe Orders for Phase I and Phase II:
Trenching/sewer line replacement/repaving of alleyway adjacent to
Brandon Road '
Deck fireproofing and other code requirements
Storm damage Uuly 2005)
Owner changes
Project Impact - $ 500,000.00
Public Schools Facilities Cost Data - VirQinia 2004-05:
Patrick Henr H.S. Roanoke Cit 214,455 s .ft. $112.21/s .ft.
James Monroe H.S. Fredericksbur 193,000 s .ft. $161.06/s .ft.
Sk line H.S. Warren 226,147s oft. $186.75/s .ft.
T. C. Williams Alexandria 461,147 s .ft. $192.07/s .ft.
Henderson M.S. Falls Church 128,788 s .ft. $152.79/s .ft.
Fredericksbur U er Fredericksbur 97,760 s .ft. $126.37/s .ft.
I Grassfield Area Chesa eake 347,549 s .ft. $157.60/s .ft.
92
New William Fleming H.S. (2007-09)
I
Control Project Increases for New William Fleminq Hiqh School:
Update budget based on construction industry trends - $45 Million?
Simpler project - no modUlar campus required - occupy old while
building new
Incorporate lessons learned from new Patrick Henry High School
Eliminate un budgeted tasks/costs
Expand construction team (IT, Security, CTE, P.E., Special Ed).
Reduce owner change orders
Alternative funding sources
Value engineering
Mr. Lindsey advised that Patrick Henry High School construction will
provide more value for the dollar compared to other school projects throughout
the State, the School Board will not in any way shortchange the William Fleming
project, and is in the position of gaining certain experiences from the Patrick
Henry High School project that can be carried over to the William Fleming High
School project.
Mayor Harris stated that there are two questions before the Council
relative to the project: (1) Who is re1sponsible for payment of the additional $6 I
million, and will the additional monies be funded; and (2) Depending on how
the question is answered, what is the impact on funding with regard to other
City capital projects. !
I
Council Member Dowe inquired about costs associated with the
temporary bus drop off at Clara BI~ck Hall. He was advised that the cost was
not considered when the project wa~ proposed because alternative funding was
under consideration at the time ¡that would include paving, parking and
signage. Mr. Dowe further inquired about the special education greenhouse
and was advised that the greenhou~e is used by special education students as
part of their curriculum and was an oversight in the process.
Council Member Dowe inqUirJd as to why a new security system was not
included in the budget and was advised that the intent was to keep the cost of
the project as low as possible, and alternative funding sources were anticipated
to be used, such as debt reserve, CMERP funds or grant funds, but such funds
were found not to be available. Mr. Dowe stated that private organizations may
be interested in donating score boards.
Council Member Lea expressed concern with regard to the $6 million over
run, which will be difficult to explain to taxpayers. I
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93
Vice-Mayor Trinkle stated that the School Board was aware of some of the
cost over runs and items that were not in the original budget. He inquired if
the security system and telephone system will be included in the William
Fleming High School Project; whereupon, Mr. Godek advised that they will be
included in the project budget; some of the numbers originally assigned to
each high school were simply numbers that were allocated based upon debt
service, and the budget was formulated based on drawings that were
developed.
Mr. Godek stated that they worked closely with the School Board and City
Council to develop the project, and when broadly outlining the project, it was
noted that approximately $92 million in debt service funds would be available
for construction of the two high schools: $48 million was allocated to the
Patrick Henry High School project and $44 million was allocated to the William
Fleming High School project, which required less work.
Vice-Mayor Trinkle referred to the daily increase in construction costs and
whether there would be any rationale for completing the William Fleming High
School stadium at an earlier date. He was advised that anything constructed
now or within the next year would be less expensive than anything that will be
constructed three years from now.
Council Member Fitzpatrick stated that project cost over runs were no
surprise, and numerous items on the list should not have been brought to the
Council, but should have been fixed internally by the School Board. He further
stated that he and School Trustee Bingham were appointed to a committee to
review long term funding for the schools and advised that it is critical for the
credibility factor to continue to be strong and that a more equitable method of
addressing capital and operational funding for the schools be developed,
resulting in a better working relationship. He suggested that the School Board
review the concept of combining certain functions in order to save taxpayers'
money in the future.
In response, Mr. Lindsey stated that the modular situation was specifically
an effort to save money, but was most likely a failed effort because the
intention was to address the issue internally in order to save construction costs,
however, it turned out to be less of a practicality than anticipated. He further
stated that poliCies will be established to enable future projects to run more
smoothly.
94
Council Member Mason concurred in Council Member Fitzpatrick's
comments. She advised that she did not want to short-change the William
Fleming High School project, and referred to the enigmatic notion of counting
on alternative funding sources of grants and debt reserve, and asked for a
clarification with regard to funding.
Mr. Godek stated that some of the funds that were being counted on by
the School Administration were not limited strictly to grants and debt reserve,
but included the use of money from the General Fund to pay for certain items,
however, it was discovered that the funds were not in the General Fund for use
in capital projects, and competing priorities of need throughout the school
system prohibited the use of a State technology grant. He added that there was
a tendency to use debt reserve to pay for some items, but other priorities within
the school division prohibited the use of debt reserve. He agreed with Council
Member Fitzpatrick that the costs should have been identified and included in
the project funding budget, and if alternative funding was found, the budget
could have been reduced by that amount.
Council Member Dowe suggested that the School Board go back to the
drawing board and attempt to identify items that could be funded by the private
sector which would offer an opportunity to expand existing partnerships in the
community.
The City Manager stated that she hoped the matter would be referred to
the City Manager and the Director of Finance for recommendation to Council.
She further stated that it is important to ground the Council and the School
Board in terms of the planning that has taken place, and to particularly explain
the City's debt service policy, limitations, and actions that Council will need to
consider with regard to other capital projects. She added that such information
is critical, both for the current discussion about Patrick Henry High School and
more importantly for the William Fleming High School budget, because the City
needs to consider budgeting for future capital improvements funding.
The City Manager called on Sherman Stovall, Director of Management and
Budget, for the following overview:
Capital Proiect Planninq Overview Focus:
· Planning Background
· Planned Debt Issuance
· Projects Requiring Additional Funding
· Debt Policies
· Debt Capacity
· Recommended Strategy
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I
Backqround:
March 2000 Financial Planning
· Council began planning for many of the current capital projects,
including discussing renovation of the first of two hiqh schools
· Patrick Henry High School Cost - $3 5 million
City of Roanoke Share - $17.5 million
· City agreed to begin adding $570,000.00 in debt service funding on
an annual basis to build debt service capacity
March 2001 Financial Planning
· Patrick Henry High School Cost - $38 million
City of Roanoke Share - $19 million
· William Fleming High School Cost - $40 million
City of Roanoke Share - $20 million
I
Fiscal Year 2003-2004
· Roanoke City Schools requested and City Council agreed to an
increase of $13.5 million in debt issuance for the high school projects
· Patrick Henry High School Cost - $46.75 million
City of Roanoke Share - $19 million
· William Fleming High School Cost - $44.75 million
City of Roanoke Share - $20 million
· Roanoke City Schools assumed responsibility for debt service on the
planned additional debt issuance
Current Status
· Patrick Henry High School Cost - $48.125 million
Addition of $1 .375 million of School Capital Project Reserve Funds
City of Roanoke Share - $19 million
· William Fleming High School Cost - $45.375 million
Addition of $.625 million of School Capital Project Reserve Funds
City of Roanoke Share - $20 million
· Request for additional $6.1 million for Patrick Henry High School
Planned Future Bond Issues (Citv)
I
FY 08 FY 10
Fire-EMS Facilities $ 3.81 M 00-
Roanoke River Flood Reduction $ 4.52 M _n
~!Iliam Fleminq Hiqh School $ 20.0 M 00-
Downtown West Parkinq Garaqe $ 2.6 M 000
Curb, Gutter, Sidewalks, Bridaes $ 5.0 M 00-
Multi-Purpose Recreation Center n_ $6.71 M
Total $35.93 M $6.71 M
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Mr. Stovall stated that when Council agreed to increase the debt issuance
for Patrick Henry High School in 2004, the planned issuance was moved out for
the Fire/EMS facilities project and the multi-purpose recreation center; in
addition, current status is that the City will have to be out of Fire Station No.1 0
at the Airport within the next few years, which will not allow the flexibility to
move out the planned issuance for Fire/EMS facilities. He further stated that
the City Administration is not prepared to present Council with a new strategy
in response to the request for additional funding.
The City Manager stated that she would like to cover other projects in
terms ·of their ability to be considered, specifically, the Flood Reduction Project
commitment to the U. S. Corps of Engineers in terms of the City's match to the
project; the Downtown West Parking Garage project allocation which is funded
through the Parking Enterprise Fund and does not impact the City on the debt
policy side because it is separated out and does not help the City in its
approach to the problem of additional money that is needed by the School
Board. She added that the Administration recently received Council's
authorization to allocate $5 million for curb, gutter, sidewalks and bridges as a
result of the cigarette tax increase, which may be an area that could be
considered, but the City would be sacrificing certain infrastructure needs in
order to create the additional funding that is requested by the School Board.
She stated that it was hoped that the multi-purpose recreation center would be
funded sooner than fiscal year 2010, inasmuch the City is a candidate finalist
for a CROP Grant to create a multi-purpose center, and if so, the City will have
to accelerate the funding as a partial match, all of which has created certain
tension when reviewing the School Board's request, and would cause the City to
eliminate, delay or reduce the allocation to one of the above referenced
projects.
Planned Future Bond Issues/Debt (Schools)
FY 07 FY 08 FY 09
Patrick Henrv (Literarv Loan!VPSA) $ 7.50 M _00 00-
Fallon Park/Wests ide (Literary $ 5.01 M u- n-
Loan!VPSA)
Monterey (Literary Loan!VPSA) $ 2.00 M 00- 00-
William Fleming (VPSA/GO/Literary _n $16.5 M $ 7.5 M
Loan)
Total $14.51 M $16.5 M $ 7.5 M
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97
Projects Requiring Additional Funds:
· Roanoke Comprehensive Library Study
· Police Academy
· Public Works Service Center Improvements -
· Roanoke Center for Industry/Technology
· Neighborhood Storm Drain
· Bridge Renovation Program
· Curb, Gutter, Sidewalk Program
· Streetscape Project Improvements
· Market District Project
· Radio System Upgrade (Future Project)
· Courthouse Expansion (Future Project)
$ 7.5 M
$ 5.3 M
$ 4.2 M
$ 1.2 M
$57.2 M
$ 5.3 M
$ 6.2 M
$ 8.7 M
$ 4.6 M
$10.6 M
TBD
The Director of Finance stated that the City has a policy of annually
setting aside or dedicating $ 5 70,000.00 to apply toward debt service which is
anticipated to continue until issuances have "peaked". He referred to a chart
demonstrating the funding set aside in given years exceeds the amount of debt
service needed, which has served the City well since it provides cash in the
periods before it is actually needed, such as up to 2009, when the City will pay
the first debt service on the next large bond issue in 2008, and will allow cash
funding for smaller projects and maintenance of capital assets without
additional funding, all of which represents good financial planning and
favorably affects the City's bond rating. He further stated that the over-all debt
policy was developed in 1999 because of the City's aggressive capital
campaign, the debt policy was one of many financial polices of the City, and the
items discussed were only one small piece of the City's debt policy, which has
been faithfully adhered to over the past. He explained that the first part of the
self-imposed debt policy provides that the tax supported general obligation, the
debt service, as opposed to the amount of debt outstanding, will not exceed
ten per cent of general fund expenditures; and the next policy of net bonded
debt, which is the total debt outstanding, would not exceed five per cent of the
assessed value of real estate; and those two criteria will take the City to a level
of debt that is considered "moderate" as the City approaches the next issuance.
He noted that the State Code and the City Charter establishes the maximum
debt limit at ten per cent of real estate value, the City set a self-imposed limit of
five per cent because it was felt that the ten per cent limit was highly
impractical and could not be afforded by the City. He further stated that most
of the debt issued was 20-year debt, and is structured so that an even reduction
will occur throughout the life of the debt. He noted that the City's debt
capacity will start to grow in the years 2010 and 2011, and once the City gets
past the high school projects, it is anticipated that the magnitude of debt will
gradually decline. He reviewed the following information:
98
Future General Fund Debt Service Requirements and Projected Funding
Available for Debt Service
30.000
20.000
10.000
0.000
2005 2006 2007 2008 2009 2010 2011
_ Debt Ser\ice 15.07 18.90 20.20 19.82 23.31 22.92 22.25
Requirements 4 9 5 6 6 2 2
Upon Issuance
-+-Projected 14.8820.8422.2923.1623.7323.7323.73
Fundin 3 4 4 4 4 4 4
Excess Capacity -0.191 1.'135 2.0~'i 333R OA18 0.~12 IA82
(~~tì%Y) .
e t ICles:
·
Tax-supported general obligation debt service will not exceed ten
per cent of General Fund expenditures.
Net bonded debt will not exceed five per cent of the assessed
value of real estate
Net Bonded Debt is general obligation debt for the City and School
Board, exclusive of Parking Enterprise Fund debt and the amount
available in the Debt Service Fund
Tax-supported debt will be structured such that not less than 50
per cent of aggregate outstanding debt will be retired within ten
years
·
·
Note: Ratios that follow include all tax-supported debt - GO bonds, VPSA,
Literary Loan, QZAB and Capital Leases
Dcbt Capacity Aftcr f'uture Planncd Dcbt Issuance
(illlllilliolls)
70---------
60
50
40
30
20
10
o
2006 2007 2008 2009 2010 2011
30.90436.464 10.129 13.583 34.738 58.595
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99
Recommendation:
· Roanoke City Schools assume responsibility for debt service on
the additional funding requested
· . Use School Capital Maintenance and Equipment Replacement
(CMERP) over two years for furniture and equipment-$1.6 million
The City Manager stated that when the School Board applies for and
receives State Literary Loan funds as a source of funding for some of the
projects, the school system does not have the legal authority to issue debt on
its own, debt is counted toward the total amount of debt incurred by the City as
a jurisdiction, and the debt capacity also includes funds that the School system
accesses for its capital projects.
Mr. Lindsey inquired as to how the School system's debt service impacts
the City's debt limit; whereupon, the City Manager advised that the school
district's debt service does not have any impact on the City's debt limit, but the
amount of debt that the School system anticipates will have an impact on the
City. She pointed out that the original agreement, at the time the Patrick Henry
and William Fleming High School projects were envisioned, was that the City
would support the debt service for one-half of the debt, the School system
through its sources, which were largely City sources, would support the other
one-half of the debt; and in 2003-2004, when the Patrick Henry project amount
increased significantly, the then School Board and School Administration stated
that if the City would agree to increase the amount of bond issuance or debt
issuance for the project, they would agree to pay all of the debt service on that
additional increment. She explained that the School system is building debt
capacity as is the City, and there were occasions in which the School system
chose to use some of the debt reserve for operating issues. She stated that the
amount in the Debt Service Fund is not critical to the policies, but what is
important is that the school system will have its funds available to pay its part
when due. She added that she did not know if the School Board has an internal
policy related to the amount of debt service that the School's budget should
carry, and suggested some discussion under the leadership of School Trustee
Bingham and Council Member Fitzpatrick and that the School system may wish
to consider developing certain internal policies. She advised that the City
allocates a specific amount of funds to the School Board each year, and the
School Board decides how the funds are to be allocated within its budget, and
the important issue for the City is that when bonds are due, the School Board
has the available debt service to fund its share.
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The Director of Finance stated that the policy actually looks at the total
debt service when taking into consideration the ten per cent limit, just as it
does for the total debt issue, which considers all of the outstanding debt; when
the City looks at the General Fund, both the City's and the School's General
Fund are added together to reach a total General Fund.
The Mayor suggested that the matter be referred to the City Manager and
the Director of Finance for discussion with their counterparts in the School
administration, with a recommendation to Council and to the School Board on
how to proceed in terms of absorbing and addressing the additional $6.1
million debt.
The City Manager stated while it was specifically addressed in Mr.
Lindsey's comments, it was understood from discussing the matter with
Mr. Godek that the School's request included the assumption that the City
would bear one-half of the cost of the additional debt service. She further
stated that by initially looking at the proposal, and the fact that in 2003-2004,
when project costs increased, the School Board assumed the additional costs,
and it would be the City's preliminary thought that the debt service on the
additional amount should be fully absorbed by the School system rather than
be shared by the City. She explained that if Council is positive in its response,
the City would not only have to cut or delay capital projects, but assume part of
the debt service, which would be an additional financial burden on the City's
side. She explained that when looking at what has been made available under
CMERP for the last several years, including last year when the City provided
approximately $1.5 million to the Schools for CMERP, it is believed that the
$1.5 million was identified out of the $6.1 million for furniture and equipment
and could be funded over two years, which would mean that the debt issuance
would be more in the range of $4.5 million.
Mayor Harris referred to the joint meeting of Council and the School
Board scheduled to be held on Monday, August 7, 2006 at 9:00 a.m., and
requested that the City Administration and the School Administration discuss
the matter and submit their recommendation to the Council and the School
Board within 30 days. He stated that if there were additional matters to be
discussed at the August 7 joint meeting of the two bodies, they should be
forwarded to the respective Clerks for inclusion on the agenda.
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At 11: 15 a.m., the meeting of the School Board was adjourned.
13'" STREET AND HOLLINS ROAD IMPROVEMENTS PROIECT:
TRAFFIC: The City Manager introduced Mark Jamison, Traffic Engineer, for
a review of the following project:
Hollins Road/13th Street Extension
VDOT Project No. UOOO-128-113
Tvpical Section
· Four-lane typical from Orange Avenue to Wise Avenue - 35 mph design
speed
surrounding properties are industrial/commercial
four-lane bridge
· Two-lane typical from Wise Avenue to Dale Avenue - 25 mph design
speed
surrounding properties are more residential
minimizes impact on neighborhood both visually and from right-of-
way acquisition need
· Bike lanes included throughout
· Crossing overhead utilities only placed underground
· Wide medians and sidewalks set back from the curb line to increase
landscaping opportunities
Roundabouts vs. Siqnalized Intersections
. 13th and Tazewell - existing signal proposed to be removed
· 13th and Wise - currently not signalized, projected traffic volumes
would meet warrants for a signal
· Signals would require additional lanes and associated larger footprint
· Roundabouts meet traffic needs, provide gateway and aesthetic
opportunities, and can better control travel speeds
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Left turns will be restricted at certain streets - Campbell Avenue,
Avenue, Church Avenue, and Stewart Avenue
Kirk
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· turn restrictions ensure efficient traffic flow and minimize the number
of lanes, espeCially turn lanes
· these streets extend only a few blocks in either direction
· main arteries into downtown are maintained
Schedule
· Citizen Information Meeting - Wednesday, May 17, 2006, Fallon Park
Elementary School, 5:00 - 7:00 p.m.
· Public Hearing - Spring 2007
· Right-of-Way acquisition begins - 2007
· Construction advertisement - 2010
Council Member Fitzpatrick suggested that Norfolk Southern be
contacted to ensure that the project will not impede potential expansion of I
FreightCar America and that Valley Metro be contacted with regard to the affect
of the "no left turn" on Campbell Avenue. He stated that the roundabout will
greatly facilitate traffic movement.
Council Member Dowe addressed the issue of requiring citizens to travel
an additional block to reach their destination since there is no left-turn on the
roundabout. He suggested that signage be posted to advise cyclists that they
must abide by the same traffic patterns; whereupon, Mr. Jamison stated that
such issues will need to be addressed, however, cyclists may wish to exit the
roundabout and use pedestrian paths.
CENTRAL ROANOKE MOBILITY STUDY:
TRAFFIC: Mark Jamison, Traffic Engineer, advised that the Central
Roanoke Mobility Study was the result of an effort to improve access to the
Riverside Center for Research and Technology, and with involvement by the
Virginia Department of Transportation (VDOT), City staff reviewed interchanges
above and below Elm Avenue, and the study was later expanded from Orange
Avenue to Wonju Street. He reviewed the following information in preparation
for a public involvement meeting on July 27, 2006, to be held at the Roanoke I
Civic Center Exhibit Hall:
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Alternative Descriptions:
Revised May 22,2006
Oranqe Avenue
Alternative OA-l
Southbound - Eliminate loop ramps and provide at-grade signalized
intersection near current loop ramp gores. Add a grade separated exit
ramp bridge that swings west of the new intersection, crosses Lick Run
and the proposed Greenway, crosses Madison Avenue and parallels
Second Street tying in north of Patton Avenue, Second Street remains
open to two-way traffic.
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Northbound - Eliminate exit loop ramp to westbound Orange Avenue and
relocate the westbound Orange Avenue to northbound 1-581 entrance
ramp to provide free flow, extending the ramp to the north to increase
merge length from the eastbound Orange Avenue to northbound 1-581
loop ramp. Provide a signalized at-grade three leg intersection to allow
left turns westbound onto Orange Avenue with free flow right from the
northbound 1-581 to eastbound Orange Avenue exit ramp. (Note: The
northbound improvements assume the construction of Williamson Road
Alternative WR'I)
Alternative OA-2
Southbound - Eliminate loop ramps and provide an at-grade signalized
intersection near current loop ramp gores. Keep the southbound
entrance ramp low and parallel to Lick Run, tying to 1-581 southbound
mainline grade just north of the bridge over Walker Avenue. Extend the
southbound exit ramp gore to the north to provide a dual lane exit to
serve both Orange Avenue and Williamson Road/Wells Avenue traffic. Add
a grade-separated exit ramp bridge for Williamson Road/Wells Avenue
traffic from just south of Orange Avenue that crosses Orange Avenue,
Lick Run (and the proposed Lick Run Greenway) and ties to Second Street
north of Patton Avenue. Second Street would remain open to local traffic
northbound throughout but southbound traffic would be restricted to
ramp traffic between Walker Avenue and Patton Avenue.
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Northbound - Eliminate the northbound to westbound 460 loop ramp and
the northbound to eastbound 460 exit ramp. Retain the eastbound 460
to 'northbound 581 loop ramp and reconstruct the westbound 460 to
northbound 581 ramp to improve geometry and provide higher speed
entry and better alignment. (Note: the northbound improvements
assume the construction of Williamson Road Alternative WR-2).
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Alternative OA-3
Southbound - Create a partial cloverleaf by retaining the loop ramp in the
northwest quadrant and eliminating the loop ramp in the southwest
quadrant. Increase the radius of the northwest quadrant loop ramp from
westbound 460 to southbound 1-581. (Note: This modification will
require acquisition of residential and School Administration property.
Create a new signalized three-legged intersection on Orange Avenue west
of the loop. This option would require closing the Williamson Road
Interchange (Alternative WR-4)
Northbound - Create a partial cloverleaf by retaining the eastbound 460
to 1-581 northbound entrance loop ramp in the southeast quadrant and
eliminating the 1-581 northbound to westbound 460 exit loop ramp in the
northwest quadrant. Create a new signalized three-legged intersection
on Orange Avenue east of the loop. This option would require closing
the Williamson Road Interchange (Alternative WR-4).
Alternative OA-4
Construct a tight diamond intersection with at-grade signalized
intersections at the general location of the loop ramp gores on Orange
Avenue. This requires the elimination of all four loop ramps, but requires
minimal work to the 1-581 mainline. This option may be compatible with
Alternative WR-3 northbound if the Williamson Road interchange is to
remain open and is compatible with Alternative WR-4 if the Williamson
Road interchange is closed. Insufficient weave area is available between
the 1-581 southbound entrance ramp from Orange Avenue to the 1-581
southbound exit ramp at Williamson Road to allow the exit ramp to retain
its current layout.
Alternative OA·5
Construct a single point urban interchange (SPUI) with a signalized
intersection on Orange Avenue. This option requires the elimination of
all four loop ramps. This option may be compatible with Alternative WR-3
northbound and with WR-l southbound if the Williamson Road
interchange is to remain open and is compatible with Alternative WR-4 if
the Williamson Road interchange is closed. Insufficient weave length is
available between the 1-581 southbound entrance ramp from Orange
Avenue and the 1-581 southbound exit ramp at Williamson Road to allow
the exit ramp to retain its current layout. Also, reconstruction would be
required for several thousand feet on both mainline lanes to allow for
replacement of the Orange Avenue bridge with a longer span bridge at
four foot higher elevation (to accommodate required clearances for
signals).
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Alternative OA-6
Southbound - Eliminate loop ramps and provide at grade signalized
intersection near current loop ramp gores. Add a grade separated exit
ramp bridge that swings west of the new intersection, crosses Lick Run
and the proposed Greenway, and touches ground in the area of the
landscape supply business. From there, the ramp would cross back over
Lick Run and tie in parallel to the southbound mainline on a widened
bridge over Walker Avenue. From there, the ramp would follow the
alignment of the existing Williamson Road and Wells Avenue off ramps
(Note: this is compatible with Alternative WR-5).
Northbound - Close the northbound 1-581 to westbound 460 Loop Ramp.
Create a new signalized three-legged intersection on Orange Avenue east
of the existing eastbound 460 to northbound 1·581 loop. Provide a
continuous auxiliary lane between Kimball Avenue and the existing ramp
gore to provide increased weave area versus the short merge and diverge
areas existing today. (Note: this option is compatible with Alternative WR-
5)
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Alternative OA-7
Southbound - Eliminate loop ramps and provide a diverging diamond
interchange at Orange Avenue, where traffic travels on the left side rather
than the right side through the core area of the interchange. This
configuration allows left turning traffic to pass through only one
intersection rather than two, improving capacity and efficiency. Add a
grade-separated exit ramp bridge for Williamson Road/Wells Avenue
traffic from just south of Orange Avenue that crosses Orange Avenue,
Lick Run (and the proposed Lick Run Greenway) and crosses back over
Lick Run to tie in parallel to the southbound mainline on a widened
bridge over Walker Avenue. From there, the ramp would follow the
alignment of the existing Williamson Road and Wells Avenue off ramps
(Note: this is compatible with Alternative WR-5).
Northbound - Close the northbound 1-581 to westbound 460 Loop Ramp.
Create a new signalized intersection as part of the diverging diamond
configuration described above for the southbound. Provide a continuous
auxiliary lane between Kimball Avenue and the existing ramp gore to
provide increased weave area versus the short merge and diverge areas
existing today. (Note: this option is compatible with Alternative WR-5)
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Williamson Road
Alternative WR-l
Southbound - Eliminate the eXisting southbound 1-581 exit ramp to
Williamson Road. Construct Orange Avenue (Alternative OA-l) by adding
a grade separated exit ramp bridge that swings west of the new
intersection, crosses Lick Run and the proposed Greenway, crosses
Madison Avenue and follows Second Street tying in north of Patton
Avenue. Second Street effectively becomes the one-way southbound
ramp between Walker Avenue and Gilmer Avenue. (Note: Vehicular traffic
to and from the Roanoke Civic Center would use Madison Avenue.) A new
one-way southbound connection would be constructed in the vicinity of
the current Wells Avenue ramp between Gilmer Avenue and Wells. The
construction of a wall to separate the ramp traffic from the adjacent
residential area could minimize impacts of the increased traffic. Since
such a wall would make Second Street inaccessible from Gilmer and
Patton Avenues, a local road connection linking Gilmer and Patton
Avenues may be part of this option. This option also encroaches on the
edge of the Gainsboro Historic District. This option would require
modifications to the south end of the proposed Lick Run Greenway to
provide a safe crossing of this new connection.
Northbound - Eliminate the existing loop ramp. Construct a new at grade
entrance ramp between 1-581 and the Civic Center parking lot. The south
entrance to the Civic Center would be closed. Construct a new exit ramp
for Orange Avenue traffic exiting 1-581 just north of Kimball Avenue,
flaring to the east and crossing Williamson Road on bridge, then running
parallel to the west parking lot ring road of the Civic Center. This option
requires the elimination of the two pedestrian bridges along Walker
Avenue and the widening of the bridge across Walker Avenue. This
option is compatible with Orange Avenue Alternate OA-l.
Alternative WR-2
Southbound - Eliminate the eXisting 1·581 southbound exit ramp to
Williamson Road. Construct Orange Avenue Option OA-2, adding a
grade-separated exit ramp bridge for Williamson Road/Wells Avenue
traffic from just south of Orange Avenue that crosses Orange Avenue,
Lick Run (and the proposed Lick Run Greenway) and ties to Second Street
north of Patton Avenue. The west side of Second Street would become
the southbound exit ramp, but northbound traffic would be allowed
between Wells Avenue and Walker Street on the north side. A new
connection from Second Street to Wells Avenue would be constructed in
the vicinity of the current Wells Avenue ramp between Gilmer Avenue and
Wells Avenue. This option would require modifications to the south end
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of the proposed Lick Run Greenway to provide a safe crossing of this new
connection. The construction of a wall to separate the ramp traffic from
the adjacent residential area could minimize impacts of the increased
traffic. Since such a wall would make Second Street inaccessible from
Gilmer and Patton Avenues, a local road connection linking Gilmer and
Patton Avenues may be part of this option. This option also encroaches
on the edge of the Gainsboro Historic District and would likely require
acquisition of two former commercial properties.
Northbound - Close the existing Williamson Road to 1-581 northbound
loop ramp. Construct a new at-grade entrance ramp between 1-581 and
the Roanoke Civic Center parking lot. The south entrance to the Roanoke
Civic Center would be closed. Construct a new exit ramp for Orange
Avenue and Williamson Road traffic exiting just north of Kimball Avenue
and crossing through the closed loop ramp to tie parallel and at-grade
along northbound Williamson Road near the existing South entrance to
the Civic Center. This ramp would replace the northbound 1-581 to
eastbound and westbound 460 ramps at Orange Avenue and is
compatible with Alternative OA-2.
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Alternative WR·3
Southbound - Eliminate the existing southbound 1-581 exit ramp to
Williamson Road. Construct a new ramp exiting north of Orange Avenue
that stays west of the new at-grade intersection on Orange Avenue
(Alternative OA-l) and crosses and parallels Lick Run and ties at-grade
near Madison Avenue, which would be closed and terminated with a cul-
de-sac. Second Street would carry two-way traffic between Walker and
Wells Avenues and is identical to WR-2 south of Patton Avenue.
Northbound - Eliminate the existing entrance loop ramp from Williamson
Road to 1-581 northbound. At the current location of 4th Street and
Kimball Avenue, close the existing street and create a semi-circular ramp
that runs from Kimball Avenue at Fourth Street curving west along
Shenandoah Avenue, and curving north to tie in parallel to the existing 1-
581 northbound lanes at the existing bridge over Kimball Avenue. This
bridge would be widened to carry the relocated entry ramp onto the
alignment of the existing ramp just north of Williamson Road.
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Alternative WR-4
Close both the 1-581 southbound exit ramp to Williamson Road/Wells
Avenue and the 1-581 northbound entrance ramp from Williamson Road.
Most of the Williamson Road interchange traffic would be diverted to
either the Elm Avenue interchange or the Orange Avenue interchange.
This would eliminate the merge problems between the two interchanges
and is compatible with Orange Avenue Alternatives OA-4 and OA-5. It
could worsen conditions at these interchanges and would decrease the
accessibility of the core area of downtown.
Alternative WR-5
Southbound - Eliminate the existing southbound 1-581 exit ramp to
Williamson Road. Construct Orange Avenue (Alternative OA-l) by adding
a grade separated exit ramp bridge that swings west of the new
intersection, crosses Lick Run and the proposed Greenway, then swings
east back across the Lick Run and crosses Walker Avenue on a widened
bridge parallel to the mainline lanes of 1-581 southbound. This ramp
would then tie into the existing Williamson Road Wells Avenue Exit Ramp.
No modification to the existing ramp configuration or operations at
Williamson Road or Wells Avenue would be required.
Northbound - Eliminate the existing entrance loop ramp from Williamson
Road to 1-581 northbound. At the current location of 4'h Street and
Kimball Avenue, close the existing street and create a semicircular ramp
that runs from Kimball at Fourth Street across Shenandoah Avenue (on
bridge) curving west parallel to the Norfolk Southern Shops on retained
earth structure, curving north back across Shenandoah Avenue, and tying
in parallel to the existing 1-581 northbound lanes south of the existing
bridge over Kimball Avenue. This bridge would be widened to carry the
relocated entry ramp onto the alignment of the existing ramp just north
of Williamson Road.
Council Member Lea inquired about access to the property which was
purchased for the proposed amphitheater on Orange Avenue; whereupon, Mr.
Jamison stated that the nearest access to the property is by way of Carver Road,
because FHWA restrictions determine how close a private access may be to the
terminus of a ramp.
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Council Member Dowe inquired if any consideration was given to 1-73;
whereupon, Mr. Jamison stated that 1-581 already exists, however, south of Elm
Avenue presents larger implications; geometry of the land through the area is
good, and mainline-wise, there are no inadequate curves but there will be an
issue if interchange reconstruction becomes large enough to be considered a
major issue. He stated that if improvements are primarily on the ground, cross
streets and ramps and do not affect the mainline, there is a better chance of
having them grandfathered in, with less disruption. He further stated he would
request a clarification of FHWA regulations because 1-73 presents potential
impacts along the cor-ridor, some positive in terms of funding, but some
negative in terms of taking away the number of access points.
The City Manager stated that a considerable amount of local traffic uses
the interstate to travel throughout the City which compounds the problem when
addressing various issues and Federal government requirements because the
interstate was not built to accommodate internal traffic, but to provide a means
for motorists to move in and out as quickly as possible, therefore, there are
competing interests that will have to be addressed, as a community, as the City
moves forward.
Council Member Mason inquired about the process for moving forward;
whereupon, Mr. Jamison advised that City staff will give further study to those
options that are believed to be the most feasible to ensure that all clearance
issues have been addressed through sound concepts; a report will be finalized
and presented to Council which will act as a guide in connection with taking the
next step of prioritizing; i.e., funding source(s), environmental analysis, design
concepts to be followed by construction. He stated that the projects could be
broken out into stand-alone projects and Council will be receive further
briefings before work begins on the final report, and projects could be broken
down into alternatives, both short term and long term, all of which could occur
within the next three to four months.
The City Manager stated that the significant study of multiple
interchanges came about as a result of Roanoke County's concern over Elm
Avenue, and VDOT was willing to look at other interchanges because it was
possible that improvements to other interchanges could mitigate some of the
problems on Elm Avenue and vice versa, but the City would have to prioritize
and decide where it could get the best improvement in the quickest fashion and
associated costs.
11 0
Vice-Mayor Trinkle inquired if any of the proposed improvements will
help or harm pedestrian traffic from The Hotel Roanoke to the Civic Center
Exhibit Hall; whereupon, Mr. Jamison stated that some of the options would
create additional crossing issues, OA-l and OA-2 would be places where the
traffic would require an additional crossover, and the first part of the Lick Run
Greenway could be rebuilt on the opposite side.
Council Member Fitzpatrick inquired as to when funds might be available
for construction of the highway projects, whereupon, it was advised that there
are certain lower end improvements that could be done to provide numerous
benefits without being considered to be full blown projects, but providing
sufficient funds to build a new single point at Orange Avenue will be many
years into the future because interstate money will most likely be used for the
1-81 project before the 1-73 project.
At 12: 15 p.m., the Mayor declared the Council meeting in recess until
12:45 p.m., at which time the Council will convene in closed session in the
Council's Conference Room, Room 451, Noel C. Taylor Municipal Building.
At 1 :52 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, with the exception of
Council Member Wish neff, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Fitzpatrick 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 Vice-Mayor Trinkle
and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
H a rr i s 00- _u_ 00 00 _ _ _ _ u 00nn_u - - 00 u, _ _ _ - - -00- __ - uuu - - - - - - - - _u_ 00 - - - - -.. - u _u u - - -0000-6 .
NAYS: None mu_nnn_umumu__nn_uuuuuu_un___uuuumuuuu_n____O.
(Council Member Wishneff was absent.)
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OATHS OF OFFICE-COMMITTEES· ROANOKE ARTS COMMISSION: The
Mayor advised that the term of office of Kathleen W. Lunsford as a member of
the Roanoke Arts Commission expired on June 30, 2006; whereupon, he
opened the floor for nominations to fill the vacancy.
Council Member Fitzpatrick placed in nomination the name of Kathleen
W. Lunsford.
There being no further nominations, Ms. Lunsford was reappointed as a
member of the Roanoke Arts Commission for a term ending June 30, 2009, by
the following vote:
FOR MS. LUNSFORD: Council Members Dowe, Fitzpatrick, Lea, Mason,
Trinkle and Mayor Harrisuunmmmmuu-_m_mummuoonnnmmu__6.
(Council Member Wishneff was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the term of office of Clarice E. Walker as
a member of the Roanoke Neighborhood Advocates expired on June 30, 2006;
whereupon, he opened the floor for nominations to fill the vacancy.
Council Member Fitzpatrick placed in nomination the name of Clarice E.
Walker.
There being no further nominations, Ms. Walker was reappointed as a
member of the Roanoke Neighborhood Advocates for a term ending June 30,
2009, by the following vote:
FOR MS. WALKER: Council Members Dowe, Fitzpatrick, Lea, Mason,
Trinkle and Mayor Harrismum-mmm-mm_mm__nmmmmmmmnmhnm_6.
(Council Member Wishneff was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term
of office of Earnestine Garrison as a member of the Youth Services Citizen
Board expired on May 31, 2006; whereupon, he opened the floor for
. nominations to fill the vacancy.
11 2
Council Member Fitzpatrick placed in nomination the name of Earnestine
Garrison.
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There being no further nominations, Ms. Garrison was reappointed as a
member of the Youth Services Citizen Board for a term ending May 31, 2009, by
the following vote:
FOR MS. GARRISON: Council Members Dowe, Fitzpatrick, Lea, Mason,
Trinkle and Mayor Harris n..um_m_,mmmmmuuummnnnnmm_mmmmm_mm6.
(Council Member Wishneff was absent.)
CITY COUNCIL-COMMITTEES: The Mayor announced the following City
Council committee assignments, effective July 1, 2006:
Sherman P. Lea
Roanoke Valley Regional Cable Television
Committee
Chair - Audit Committee
Member - Roanoke Valley Allegheny
Regional Commission to fill the unexpired
term of M. Rupert Cutler, ending June 30,
2008.
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Beverly T. Fitzpatrick, Jr. City Representative - Virginia's First
Coalition of Cities
Council's liaison - Roanoke
Redevelopment and Housing Authority
Virginia Municipal League - Transportation
Policy Committee
Chair - Legislative Committee
City Representative - Virginia's First
Regional Industrial Facility Authority to fill
the unexpired term of Brian J. Wishneff,
ending June 30, 2008
City Representative - New River Valley
Commerce Park Participation Committee
Alfred T. Dowe, Jr.
Chair - Personnel Committee
Vice Chair - Legislative Committee
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Gwen W. Mason
Council liaison - Mayor's Committee for
People with Disabilities
Virginia Municipal League - Environmental
Quality Policy Committee
Vice Chair - Personnel Committee
David B. Trinkle
Roanoke Valley Allegheny Regional
Commission for a term ending June 30,
2009
Roanoke Valley Area Metropolitan Planning
Organization to fill the unexpired term of
M. Rupert Cutler, ending June 30, 2008
Vice Chair - Audit Committee
At 1 :57 p.m., the Mayor declared the Council meeting in recess until 2:00
p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia.
The Council of the City of Roanoke held its Organizational Meeting on
Monday, July 3, 2006, at 2:00 p.m., in the City Council Chamber, Room 450,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with Mayor C. Nelson Harris presiding, pursuant to Section 10 Meetings of
Council, Charter of the City of Roanoke, at which time the newly elected
Members of the Council officially took their seats.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwen W. Mason, David B. Trinkle and Mayor C. Nelson
H a r ri s 00- uu - - _nn.__ - - U - - - - - 000 -.. __n_ - - - - 000 - - - -00_ _ _ _ _ _ _ U _ _ Unn - _ _ _ 00 00 _ 00 '_00 _ _ _ _ U U h nnu n. - - - U 6 .
ABSENT: Council Member Brian J. Wishneff nnmm____mn_.m____h_h_____um 1.
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 Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
114
COUNCIL: The Mayor advised that the purpose of the Organizational
Meeting is for the newly elected Members of City Council to officially take their
seats; whereupon, he called attention to a communication from the City Clerk
advising of the following qualifications:
David B. Trinkle as a Member of Council for a term commencing
July 1, 2006 and ending June 30, 2010; and as Vice-Mayor for a
term commencing July 1, 2006 and ending June 30, 2008;
Alfred T. Dowe, Jr., as a Member of Council for a term commencing
July 1, 2006 and ending June 30, 2010; and
Gwendolyn W. Mason as a Member of Council for a term
commencing July 1,2006 and ending June 30, 2010.
Without objection by Council, the Mayor advised that the communication
from the City Clerk will be received and filed.
COUNCIL: Council Member Fitzpatrick offered the following resolution
recognizing the Honorable David B. Trinkle as a Member of Council and as Vice-
Mayor of the City of Roanoke:
(#37465-070306) A RESOLUTION recognizing the Honorable David B.
Trinkle to be a Member of the City Council and Vice-Mayor of the City of
Roanoke.
(For full text of resolution, see Resolution Book No. 70, page 418.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37465-
070306. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
H a r ri s n_n u. _ _ _ _ _ _ _ .00000000 - - 0000 00 _ _ _ _ noon - - - - - - - - - noon 00 __ 00 00 0000_ - - - - - - 000000 - - 00 0000 00 00 - - - - - - - - 00 - - - - 6.
NAYS: Non e_m____nnn____uuu__n_nn.n_uu____n_nn.__nnu______nnn_n__-----------0.
(Council Member Wishneff was absent.)
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COUNCIL: Council Member Dowe offered the following resolution
recognizing the service of the Honorable Beverly T. Fitzpatrick, Jr., as Vice'-
Mayor of the City of Roanoke from July 1, 2004 through June 30, 2006.
(#37466-070306) A RESOLUTION paying tribute to the Honorable Beverly
T. Fitzpatrick, Jr., and expressing to him the appreciation of the City and its
people for his exemplary public service as the Vice-Mayor of the City.
(For full text of resolution, see Resolution Book No. 70, page 419.)
Council Member Dowe moved the adoption of Resolution No. 37466-
070306. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Dowe, Lea, Mason, Trinkle and Mayor Harris----5.
NAYS: Non enoo .___oooooooooo_oo___oo_________oo____uu______noo_____oo_h_n__oo___m00-_0000___0.
(Council Member Wishneff was absent.) (Council Member Fitzpatrick abstained
from voting.)
COUNCIL: Council Member Fitzpatrick offered the following resolution
establishing a meeting schedule for City Council for the fiscal year commencing
July 1, 2006 and ending June 30, 2007:
(#37467-070306) A RESOLUTION establishing a meeting schedule for
City Council for the Fiscal Year commencing July 1, 2006, and terminating June
30, 2007.
(For full text of resolution, see Resolution Book No. 70, page 421.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37467-
070306. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
rlëlrris---------------·-·-----------------------------------------------------------_____________________________._(j.
NAYS: Non eoo--oohn-_oooo__u_n___oo______oooo______h_______uoooo__oooooooo___m---00--0000___0.
(Council Member Wishneff was absent.)
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The regular meeting of Roanoke City Council convened at 2:14 p.m., on
Monday, July 3, 2006, in the City Council Chamber, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Harris presiding.
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PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwen W. Mason, David B. Trinkle and Mayor C. Nelson
rlarris-----------------------------------------------------------------------------------------------------------E).
ABSENT: Council Member Brian J. Wishneff mmmmmmmmumhmu_m..,1 .
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.
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.
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PURCHASE/SALE OF PROPERTY: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, July 17, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the
purchase of an 11.067-acre parcel of City-owned land located at the
intersection of Orange Avenue and Blue Hills Drive, N. E., by Blue Hills Village,
LLC, was before the body.
It was advised that a prospective buyer has submitted a plan for
proposed commercial development of the property which provides for retail,
restaurant, hotel, office, daycare, and other commercial uses; and the City
desires to sell the property for $150,000.00, per acre, subject to the buyer
developing the property as shown on the concept plan.
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It was further advised that the concept plan proposes development which
is consistent with Vision 2001-2020 and the Hollins/Wildwood Area Plan;
commercial development on the site at the entrance to RClT will complement
industrial development by providing accessible goods and services near the
major employment center; the proposed development is consistent with the
current zoning of the. property, which is CG, Commercial-General· District
(conditional); a public hearing is required to consider the sale of the property
and consider the Deed of Release to release the property from the restrictive
covenants of the RClT. The restrictive covenants were designed to guide the
development of large-scale industrial sites and do not accommodate the type of
commercial development being considered for the property; and staff is
working with the land owners in RClT to obtain their consent to remove the
property from the covenants.
The City Manager recommended that the Council authorize the
scheduling of a public hearing on July 17, 2006, to consider the sale of the
above property and to authorize the City Manager to execute a Deed of Release
to release the subject property from the restrictive covenants of the RClT, once
the items needed for such release are obtained.
Council Member Fitzpatrick moved that Council concur in the request of
the City Manager. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
Hélrris------------------------------------------------------------------------------------------------------------Ei.
NAYS: Non e-uh___oooo____hnn__oouu__h___oooo____nnn________nn_____oou__0000__0000___000.
(Council Member Wishneff was absent.)
PURCHASE/SALE OF PROPERTY: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, July 17, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the
purchase of City-owned land located on Nelms Lane, N. E., Official Tax No.
7390713, by L & L Development Corporation, was before the body.
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Council Member Fitzpatrick moved that Council concur in the request of
the City Manager. The motion was seconded by Council Member Lea and
adopted by the following vote:
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AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
rlêlrris------------------------------------------------------------------------------------------------------------Ei.
NAYS: Non eu__oou____oooo____oooooonnn_______oooo____oo______n_n_ndnn_UU_----- ---------0.
(Council Member Wishneff was absent.)
TAXES: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, July 17, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a request of Western Virginia
Emergency Medical Services Council, Inc., a non-profit organization, for tax
exempt status of certain real property located at 1944 Peters Creek Road, N. W.,
was before the body.
Council Member Fitzpatrick moved that Council concur in the request of
the City Manager. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
Hêlrris------------------------------------------------------------------------------------------------------------Ei.
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NAYS: Non e _00_____________________________00 - 00_____________00________________________000000_______0.
(Council Member Wishneff was absent.)
OATHS OF OFFICE-COMMITTEES- ROANOKE ARTS COMMISSION-COURT
COMMUNITY CORRECTIONS BOARD-SCHOOLS-ROANOKE NEIGHBORHOOD
PARTNERSHIP-TOWING ADVISORY BOARD: A report of qualification of the
following persons, was before Council:
Jason E. Bingham, Todd A. Putney, and Mae G. Huff as Trustees of
the Roanoke City School Board, for terms commencing July 1, 2006
and ending June 30, 2009;
Bobby R. Caudle for a term ending June 30, 2009, and Brian G.
Gibson to fill the unexpired term of Carol Jenson, resigned, ending
June 30, 2007, as members of the Roanoke Neighborhood
Advocates;
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Dennis R. Cronk as a member of the Virginia Western Community
College Board of Directors, for a term ending June 30, 2010;
Charles E. Jordan as a member of the Roanoke Arts Commission,
for a term ending June 30, 2009;
Thomas W. Ruff as a member of the Towing Advisory Board, for a
term ending June 20, 2009; and
Clifford R. Weckstein as a member of the Court Community
Corrections Program Regional Community Criminal Justice Board,
for a term ending June 30, 2009.
Council Member Fitzpatrick moved that the report of qualification be
received and filed. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Dowe, 'Fitzpatrick, Lea, Mason, Trinkle and Mayor
fiélrris------------------------------------------------------------------------------------------------------------E).
NAYS: N 0 ne-oo--___oooou____nn____uoo_____uoooo____oou______oooo___oohn__-_00___0000___0000_0.
(Council Member Wishneff was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ARMORY/STADIUM-CITY PROPERTY: A joint communication from Mayor
C. Nelson Harris and Vice-Mayor David B. Trinkle advising that development of
the location formerly home to Victory Stadium and the surrounding vicinity is
vitally important to the progress of the City of Roanoke; conceptual plans
supported by City Council are in place to develop temporary multi-use athletic
facilities at the location; the fields can be utilized by the community in the fall
of 2007; and the proposed field location within the framework of River's Edge
Sports Complex also creates synergy that is essential for hosting large
tournaments, which have enormous economic impact on the community and
region, was before the body.
120
It was further advised that to have more meaningful understanding of the
project, it is important to note that development of the proposed multi-use
fields will be accomplished to provide short term relief from the current over
use problem experienced with the City's current fields, and with nominal
investment; while plans are initiated to bring the fields online, a master plan
should be developed to prepare long-term use strategies for the site bounded
by the Roanoke River, Reserve Avenue, the Jefferson Street Bridge, and the
Franklin Road Bridge; the master planning process should take into
consideration other potential amenities that the community may wish to include
at the site, such as river access, the greenway system, park facilities (restrooms,
locker areas, concession points, etc.), a memorial, a music venue/amphitheater,
and urban festival possibilities; with discussions currently taking place
regarding a possible public amphitheatre on the site, a master planning process
aligned with the fall 2006 completion deadline for the Amphitheatre Feasibility
Study is most appropriate; and the master planning process and, more
importantly, the ultimate implementation of the plan should also consider the
eventual elimination of existing buildings located at the site, as well as other
important master planning considerations (parking, storm water and
environmental compliance, irrigation, spectator seating, project costing, etc.),
all the while maintaining an efficient, environmentally sound, and effective
development.
With the above considerations in mind, Mayor Harris and Vice-Mayor
Trinkle suggested that Council initiate the following actions:
(1 )Formally request that the Roanoke School Board initiate plans to
move its maintenance activity off the site and advise the City
Manager of a possible timetable for that to occur;
(2)Formally request of and work with the State delegation and
officials to offer any assistance to expedite plans to move the
National Guard Armory activity off the site;
(3)Request that the City Manager provide City Council with
information relative to moving the Parks and Recreation
Administration activities off the site;
(4)Request that the City Manager initiate a master plan process for
the site to be completed in a timely manner following receipt of the
Amphitheater Feasibility Study; and
(5)Request that City Council commit that the site remain in public
use as a guiding principle of the master planning process.
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It was noted that the intent of that correspondence is to remind all
Members of Council and the public of the significance of this effort and the
many positive impacts that it can engender for the community, and to formally
launch the master planning process.
Council Member Fitzpatrick moved that Council concur in the joint
communication from the Mayor and the Vice-Mayor. The motion was seconded
by Council Member Dowe.
The Mayor clarified that the communication launches, in an official way,
the master planning process for the property in its entirety.
Council Member Lea inquired about the status of the amphitheater study;
whereupon, the City Manager advised that the commissioned amphitheater
study seeks to determine whether or not there is sufficient demand within the
Roanoke Valley to support the development or establishment of an
amphitheater. Secondly, she stated that if it is found that the demand exists,
the consultant was instructed to determine the most logical place to site an
amphitheater, not on a site specific basis, but in a general location. She
explained that there are no early indications by the consultant and City staff has
deliberately tried to not prejudge the work of the consultant; the consultant has
the benefit of previous studies conducted by the City; and Roanoke County was
invited to participate in the study since study results may suggest a location(s)
different from those that have been considered within the City, and it is
believed that it should be a regional amphitheater as opposed to a City facility.
Mr. Jim R. Fields, 17 Ridgcrest Road, Hardy, Virginia, advised that when
Victory Stadium was demolished, the City tore down one of its greatest
landmarks, and eliminated a venue for high school and college football games
as well as tournament playoff games. He suggested construction of a memorial
near the bridge using bricks from Victory Stadium and that ticket booths from
the Stadium be placed at both the Patrick Henry High School Stadium and at the
William Fleming High School Stadium. He also asked that the magnolia trees in
the vicinity of Victory Stadium be retained..
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There being no further discussion, the motion was adopted by the
following vote:
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AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
Harris------------------------------------------------------------------------------------------------------------6.
NAYS: No n e _m________oo______n_____n__________nm_______Uh___________uu_-------------00---0.
(Council Member Wishneff was absent.)
Y. M. C. A: F. Calvin Johnson, Executive Director, YMCA of the Roanoke
Valley, presented an update on the Kirk Family YMCA: He advised that:
· The YMCA of Roanoke Valley was established in 1883, and consists
of four components: Kirk Family YMCA, Family Center YMCA, Salem
Family YMCA, and YMCA' Magic Place, which is a daily before and
after school child care program for over 600 children.
·
YMCA membership has increased from 6500 members and
participants in 2004 to a membership of approximately 17, 000
since the opening of the two new facilities less than two years ago.
·
A successful $10.7 million capital campaign was completed in 2003
and represented the largest capital campaign in the history of the
Roanoke Valley.
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· Part of the success of the capital campaign involved an investment
by the City of Roanoke of $2 million, the City also donated the
former Jefferson Gymnasium to the YMCA, and, in exchange, the
YMCA gave the City the former Central YMCA property.
· A creative use has been made of the Jefferson Gym which houses
two new pools, and 30,000 square feet of space was added.
· The new facility was opened in September 2004 and includes two
indoor swimming pools, a gymnasium, cardio and strength training
areas, indoor track, a teen room, exercise studios, and locker
rooms for all ages and all family sizes.
·
The Kirk Family YMCA has had a direct result in the revitalization of
the western end of downtown Roanoke due to its proximity to the
Jefferson Center and other downtown living activities on Campbell
and Church Avenues.
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·
Location of the YMCA at the west end of downtown will have a
lasting impact on quality of life and economic development by
attracting people to live in the area.
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· The YMCA of Roanoke Valley is home to over 8,000 members,
approximately 5,200 of whom are Roanoke City residents; 30 per
cent of members are under age 18, 75 per cent are family
members, and over 1,000 people use the Kirk YMCA facilities on a
daily basis.
· Accessibility is a key factor and one can reach the Kirk Family
YMCA from any location in the City of Roanoke within 15 minutes,
bus service is available, and there is ample room for vehicular
parking.
· Roanoke City residents receive a 50 per cent reduction in
membership fee.
· No person is turned away due to an inability to pay the
membership fee, and last year the YMCA provided approximately
$128,000.00 in need based scholarships.
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·
1,100 children participated in the swimming program last year, 65
youth now swim year round on the YMCA Sea Lion Swim Team; and
20 arthritis and water exercise classes are conducted for over 250
adults on a weekly basis.
· Approximately 500 people exercise in the wellness center each day.
· Youth initiatives include the provision of affordable, convenient and
quality before and after school care to elementary and middle
school children through the Magic Place Program; and programs
are offered for youth that are designed to encourage healthy
lifestyles.
· The YMCA collaborates with other persons and organizations within
the community, specifically the City of Roanoke Parks and
Recreation Department.
· The Addison 21" Century Learning Program, which is an after
school program for students attending Addison Middle School, is
held at the YMCA several times a week.
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.
Children from the West End Center attend programs at the YMCA
and displaced and homeless persons from the Roanoke City Rescue
Mission work out daily at the facility.
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In closing, Mr. Johnson expressed appreciation to the City of Roanoke for
participating in a public/private partnership which led to creation of the Kirk
Family YMCA. He stated that the YMCA is not just a place to work out, but a
place where people come to grow in spirit, mind and body on a daily basis.
Council Member Dowe congratulated the YMCA for maintaining a
sensitivity to what is going on in the immediate area of each community in
which they serve.
Council Member Fitzpatrick advised that the YMCA is an example of
regionalism, but more importantly the YMCA continues to address the needs of
the people that it serves.
Council Member Lea commended Mr. Johnson on exhibiting quality
leadership and the level of friendliness and professionalism of staff.
REPORTS OF OFFICERS:
CITY MANAGER:
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BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager
submitted a communication advising that the City of Roanoke is the grant
recipient for Workforce Investment Act (WIA) funding, thus, City Council must
appropriate funding for all grants and other monies received in order for the
Western Virginia Workforce Development Board to administer WIA programs;
the Western Virginia Workforce Development Board administers the Federally
funded Workforce Investment Act (WIA) for Area 3, which encompasses the
Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of
Covington, Roanoke, and Salem; and WIA funding is intended for four primary
client populations:
. Dislocated workers who have been laid off from employment through no
fault of their own;
. Economically disadvantaged individuals as determined by household
income guidelines defined by the U. S. Department of Labor;
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. Youth who are economically disadvantaged, or have other barriers to
becoming successfully employed adults; and
. Businesses in need of employment and job training services.
It was further advised that the Western Virginia Workforce Development
Board has received a Notice of Obligation (NOD), from the Virginia Employment
Commission, allocating $311,046.00 for the Youth Program which serves
economically disadvantaged youth for Program Year 2006 Uuly 1, 2006 - June
30, 2008): and ten per cent of the abovementioned totals are to be allocated to
the administrative function of the Western Virginia Workforce Development
Board. .
The City Manager recommended that she be authorized to accept
Western Virginia Workforce Development Board Workforce Investment Act
funding of $311,046.00 for Program Year 2006 and appropriate the funds to
accounts to be established in the Grant Fund by the Director of Finance and
establish corresponding revenue estimates in the Grant Fund.
Council Member Fitzpatrick offered the following budget ordinance:
(#37468-070306) AN ORDINANCE to appropriate funding for the FY07
Workforce Investment Act Grant, amending and reordaining certain sections of
the 2006-2007 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 423.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37468-
070306. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
rlarris-------------------------------------------------------------------------------------------.--.-------------E).
NAYS: N 0 nen___n_n__nnnn___n__n_u_nu_un___nnn___nn_n__n_nn__n__0000__0000_000.
(Council Member Wishneff was absent.)
Council Member Dowe offered the following resolution:
126
(#37469-070306) A RESOLUTION accepting the Western Virginia
Workforce Development Board Workforce Investment Act funding of $311,046
and authorizing the City Manager to execute the requisite documents necessary
to accept the funding.
(For full text of resolution, see Resolution Book No. 70, page 425.)
Council Member Dowe moved the adoption of Resolution No. 37469-
070306. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
fiêlrris-------------------------------------------------------------------------------------------.-------------.--1).
NAYS: Non e 000___000000____________0000______________00_______00_________________---------00-----·--0.
(Council Member Wishneff was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of May, 2006.
(For full text, see Financial Report on file in the City Clerk's Office.)
There being no questions or comments by Council, the Mayor advised
that the Financial Report for the month of May, 2006 would be received and
filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
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INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: Council Member
Dowe commended the accomplishments of J. J. Redick, former Duke University
guard and Cave Spring High School basketball player, who was named the 11 ,h
overall pick by the Orlando Magic in the NBA Draft.
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.
COMPLAINTS: Alexx Bell, President and Chief Executive Officer, Jaybell
Developments, Inc., a commercial developer, advised that Roanoke's children
are leaving the area upon graduation from high school or college due to a lack
of various types of opportunities in the area. He stated that Roanoke's youth
must be prepared for the future and through construction of a subway system
which will change the City's infrastructure, lessen the dependency on fossil
fuel, and encourage persons to ride the bus or the subway to work, as opposed
to driving personal vehicles. He spoke in support of a monorail system between
downtown and the Roanoke Regional Airport, as well as the expansion of gates
at the Airport. He asked that Council adopt a vision for Roanoke that will
encourage young people to stay in the Roanoke Valley.
COMPLAINTS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that
the former majority of City Council left an unsatisfactory legacy, one of hurry
waste and destroy by tearing down Victory Stadium. She added that the Council
hastened to destroy Roanoke's black culture and neighborhoods by
constructing the Social Security Administration Office building on Henry Street
which showed a lack of respect for black culture and residents of the
community.
COUNTRYSIDE GOLF COURSE: Ms. Valerie Garner, 2264 Mattaponi Drive,
N. W., concurred in the remarks of Ms. Patricia D. Baker, 3109 Kershaw Road, N.
W., which were presented at the City Council meeting on Monday, June 19,
2006, with regard to turning the Countryside Golf Course into a municipal golf
course. She stated that although Ms. Baker does not live in the Countryside
area, she believes that a golf course is the most advantageous vision for the
property that will benefit not only the over 100 residents surrounding the golf
course, but the population of the entire northwest Roanoke area who support
the reservation of the green space as a respite away from the urban city. She
stated that the intent of the City administration is to bring to the community
the urban City environment that current residents tried to escape when they
128
purchased their homes at Countryside. She asked that the City give the same
attention and interest to Countryside that has been given to the Reserve Avenue
property and commission a feasibility study to be conducted by a golf
consultant to assist in the continued use of the property as a golf course, and
that a public hearing be conducted on the findings of the consultant. She
requested that the feasibility study include refurbishing the swimming pool for
a municipal swimming pool and refinishing the structure that houses the tennis
court. She advised that the Countryside issue has been compared to the
Colonial Green project, but Colonial Green was an unused field where nothing
was taken away from the surrounding community, compared to development of
Countryside which will destroy the natural beauty and recreational space that
drew residents to the area and is frequented by out of town visitors who stay at
hotels surrounding the airport.
ARMORY/STADIUM-COUNCIL: Mr. Bob Caudle, 4231 Belford Street, S. W.,
expressed appreciation to the Members of Council for their willingness to serve
the citizens of Roanoke. He complimented the Mayor on the manner in which
he has handled sensitive issues in the past. He called attention to past efforts
with regard to Valley-wide cooperation and stated that he looks forward to a
day in the future when Roanoke is referred to as Roanoke Valley, Virginia. He
asked that the Victory Stadium site be used for a purpose that will unite the
citizens of the City of Roanoke. He also asked that Council continue to support
Roanoke's neighborhoods which are the life blood of the community.
COMPLAINTS-ARMORY/STADIUM-SCHOOLS: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., advised she has a heavy heart with regard to the process that
destroyed Victory Stadium. She stated that neighborhoods are divided, citizens
are upset, Roanoke's children have no place to play high school football and the
citizens have no place to hold special events such as the July 4th annual
celebration. She expressed concern with regard to Council's vote on June 19,
2006, which over ruled the recommendation of the City Planning Commission
and closed streets in the Henry Street area to enable the construction of the
Social Security Administration office building.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia,
advised that since tomorrow is the fourth of July, he appeared before Council in
remembrance of Victory Stadium and what the facility meant to the citizens of
Roanoke.
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CITY MANAGER COMMENTS:
CELEBRATIONS-PARKS AND RECREATION: The City Manager advised that
the City's annual July 4'h celebration will be held at River's Edge Sports
Complex.
ARMORY/STADIUM-TREES: The City Manager stated that some citizens
have expressed concern with regard to the fate of the magnolia trees on
Reserve Avenue in the vicinity of the National Guard Armory and advised that
the City has no plans to disturb the trees.
ARMORY/STADIUM: The City Manager advised that the City of Roanoke
will make Victory Stadium bricks available to City residents in the parking lot of
the Stadium on Saturday, July 8, 2006, from 9:00 a.m. to 12:00 p.m., and on
Thursday, July 13 from 5:00 p.m. to 7:00 p.m., rain or shine, and residents will
be limited to four bricks per car. She further advised that at the end of the 5:00
p.m. to 7:00 p.m. distribution time on Thursday, non-residents will be
permitted to receive any remaining bricks from 7:00 p.m. to 9:00 p.m., at four
bricks per car.
COUNCIL: The City Manager welcomed Council Member Mason and Vice-
Mayor Trinkle and advised that City staff looks forward to working under the
leadership of the entire Council.
There being no further business, the Mayor declared the Council meeting
adjourned at 3:15 p.m.
APPROVED
ATTEST: .fJ
~~ -l/~
c.~~
Mary F. Parke r
City Clerk
C. Nelson Harris
Mayor
130
ROANOKE CITY COUNCIL
July 17, 2006
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2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
July 17, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council
Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinqs, Code ofthe City of Roanoke (1979), as amended, and pursuant
to Resolution No. 37467-070306 adopted by the Council on Monday,July 3, 2006.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Gwendolyn W. Mason, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris -----------------5.
ABSENT: Vice-Mayor David B. Trinkle and Council Member Brian J.
Wi s h n e ffn_____uuu_______uu_u_m_n_n_.uuh___mmu_mmn_mn_.nhu_mmmmmnummm 2.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag ofthe United States of America was led
by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT: Council Member Fitzpatrick offered the
following resolution paying tribute to the Honorable Carl E. "Sonny" Tarpley, Jr.,
former Mayor of the City of Salem, Virginia, for his exemplary public service:
(#37470-071706) A RESOLUTION paying tribute to the Honorable Carl E.
"Sonny" Tarpley, Jr., former Mayor of the City of Salem, for his exemplary public
service.
(For full text of resolution, see Resolution Book No. 70, page 426.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37470- I
071706. The motion was seconded by Council Member Lea and adopted by the
following vote:
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AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrism-5.
NAYS: None_unnmmmmmmummnmumuum_muuu_umumummmmuuumO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
On behalf of the City of Roanoke, the Mayor presented a ceremonial copy of
the abovereferenced measure to Mayor Tarpley and expressed congratulations
upon his retirement.
ACTS OF ACKNOWLEDGEMENT: Council Member Fitzpatrick offered the
following resolution paying tribute to the Honorable Roger E. Hedgepeth, former
Mayor of the Town of Blacksburg, Virginia, for his exemplary public service:
(#37471-071706) A RESOLUTION paying tribute to the Honorable Roger E.
Hedgepeth, former Mayor of Blacksburg, Virginia, for his exemplary public service.
(For full text of resolution, see Resolution Book No. 70, page 427.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37471-
071706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrism-5.
NAYS: Nonem_hnnn__mmum_mummummmuumm__uhnm__ummmmm_mmO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
ACTS OF ACKNOWLEDGEMENT-PERSONNEL: The Mayor recognized the
folloWing students who participated in the City's 2006 Summer Intern Program:
Dustin Cupp - May 2006 Graduate, Virginia Tech, Accounting and
Information Systems Master's Program, specializing in Financial
Reporting and Assurance Services
John Barrett - May 2006 Graduate, Virginia Tech, Bachelor of Science
Degree in the Business Management Department
Greg Overholser - Third Year Law Student, University of Richmond
School of Law
Allison Weaver - Rising Senior, Christopher Newport University,
majoring in Sociology with a Minor in Psychology
132
Jessie F. Reckart - May 2006 Graduate, Master's Degree in Public
Administration, West Virginia University, admitted to Virginia Tech's
Center of Public Administration and Policy (CPAP) for Doctoral Studies
I
Jessica Johnson - Fall 2006 Graduate, Virginia Tech, majoring in
Statistics with a Minor in African Studies
Benjamin Lucas - Rising Senior, Appalachian State University,
majoring in Geography with a concentration in Geographic
Information Systems (GIS)
Michael Munton - Rising Senior, Virginia Tech, majoring in Political
Science and History
Ron Miller - May 2006 Graduate, Virginia Tech, majoring in Business
Information Technology
Christina Ford - May 2006 Graduate, Hollins University, Bachelor of
Arts Degree in Sociology
On behalf of the Council, the Mayor commended the above named students
for participating in the City's Summer Intern Program and presented each student
with a City logo pin.
PROCLAMATIONS-PARKS AND RECREATION: The Mayor presented a
proclamation to Steve Buschor, Director, Parks and Recreation Department,
declaring the month of July 2006 as Parks and Recreation Month in the City of
Roanoke.
I
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Closed Session to
discuss vacancies on certain authorities, boards, commissions and committees
appointed by Council; and disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the public body.
MINUTES: Minutes of the regular meetings of Council held on Monday,
May 1, 2006, recessed until Thursday, May 4, 2006, and recessed until Thursday,
May 11, 2006; and Monday, May 15, 2006, were before the body.
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Council Member Fitzpatrick moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris--n5.
NAYS: No nem-___nmummnm_nnn_m___mmmnn__mmnnm_nmm_mm_mmm__O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
AUDIT COMMITTEE: Minutes of the Audit Committee meeting which was
held on Monday, March 6, 2006, were before the body.
Topics of discussion included:
Internal Audit Reports:
. Clerk of the Circuit Court
. Contract Administration
· Independent Accountant's Report - Roanoke City Sheriff's Office
o Update of Staffing and Current Audit Plan
o Contracting with Recently Retired Auditors in the Area to
Provide Audit Services on an "As Needed" Basis in the Future
· Audit reports to the Committee in June:
o Social Services Administration - business function
o Purchasing Cards - expenditures and compliance with policies
o Occupational Health - process for performing physicals
o Small, Minority, and Women-owned Businesses - efforts of
departments to incorporate these businesses in purchases
under $50,000.00
o Change Control for Building Inspection
o Weed Abatement - compliance issues
· Close-out of Johnson and Johnson
· Relationship with the Roanoke City Public School System
Council Member Fitzpatrick moved that the March 6, 2006 minutes of the
Audit Committee be received and filed. The motion was seconded by Council
Member Lea and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor HarrismS.
NAYS: N on e-mnmmm______mn_nnnm__d_munm__mnmnnn_mum___n___mmmdO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
134
COMMITTEES-COUNCIL: A communication from Mayor C. Nelson Harris
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended, was
before the body.
I
Council Member Fitzpatrick moved that Council convene in a Closed Session
as abovedescribed. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrism-5.
NAYS: Non enmnm_mmnn__nnmnhn__mnnmm__m_mnm_m__mmmm_._h_m___O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
COUNCIL: A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned property,
where discussion in open meeting would adversely affect the bargaining position
on negotiating strategy of the City, pursuant to 2.2-3711 (A)(3), Code of Virginia
(1950), as amended, was before the body.
Council Member Fitzpatrick moved that Council convene in Closed Meeting I
as abovedescribed. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m5.
NAYS: Non e_mm____nmnm__nnmmmh_n__mnmn.mmnmnunnmmnh____mm__O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
WATER\WATER RESOURCES: A Resolution adopted by the Western Virginia
Water Authority expressing appreciation to Michael W. Altizer for his service as
Chair and Director of the Authority, was before Council.
Council Member Fitzpatrick moved that the resolution be received and filed.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisuu5.
NAYS: No neunn_nnmnm_mmnuh_nn_mmmmn_.mnmmunnnmnmn_.mm_nO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
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PENSIONS: A communication from David C. Key, Chair, Board of Trustees,
City of Roanoke Pension Plan, transmitting the 2005 Annual Report, was before
Council.
(For full text, see annual report on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the Annual Report be received and
filed. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnn5.
NAYS: No nemnnnnmmnmnmnmmnmmmmunnnmn_nnnmnmmmmmmmO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION-GREENWAYS-
VIRGINIA'S FIRST INDUSTRIAL FACILITY AUTHORITY: A report of qualification of
the following persons, was before Council:
Sandra K. Brunk as a member of the Roanoke Arts Commission, for a
term ending June 30, 2009;
Lucy R. Ellett as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 2009; and
R. Brian Townsend as the City's representative to Virginia's First
Regional Industrial Facility Authority, for a term ending June 30,
2010.
Council Member Fitzpatrick moved that the report of qualification be
received and filed. The motion was seconded by Council Member Lea and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnn5.
NAYS: Non e_______m_n__u_mm_n_nnnm_mm_u_m__n_n_m__n____m__nnnn_nm000.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
136
REPORTS OF OFFICERS:
I
CITY MANAGER:
CITY EMPLOYEES: The City Manager introduced Kelli Green, Director, Human
Resources, effective July 5, 2006. .
BRIEFINGS:
HOUSING-CITY EMPLOYEES: The City Manager advised that Council
previously concurred in the development of a major and more aggressive Code
enforcement effort; whereupon, she introduced Ford Weber, Director, Housing and
Neighborhood Services, for a status report.
Mr. Weber expressed appreciation to Council for authorizing additional
funds for a more aggressive Code enforcement program, and for adopting
legislation to strengthen Code enforcement mechanisms. He expressed
appreciation to the community for serving as the City's "eyes and ears" in order to
bring various issues to the attention of City staff; he expressed appreciation to
Shirley Bethel and Bob Caudle, members of the Roanoke Neighborhood Advocates,
for helping to facilitate a community engagement process that was held prior to
implementation of certain changes; and he expressed appreciation to the
Commonwealth Attorney's Office who worked with City staff throughout the I
process and, through funding provided by the City, has agreed to dedicate an
attorney to Code enforcement issues. Mr. Weber advised that the following City
departments have participated in Code enforcement efforts: Commonwealth's
Attorney's Office, Division of Solid Waste, City Attorney's Office, Police and Fire
Departments, Code Enforcement, City Manager's Office, Billings and Collections,
Environmental and Emergency Management, and Planning and Zoning.
He advised that:
· Information will be posted on the City's website to inform the public of
changes to the Code enforcement procedure;
· The City now has broader authority across departmental lines to enforce
common nuisance issues; certain police officers, speCifically community
resource officers, are now empowered to issue citations for weeds and trash
and inoperable vehicles, as well as solid waste employees and employees of
the Fire Marshal;
· Legislation recently enacted by Council provides for a streamlining of the
notification process, eliminates certified mailings to affected property
owners and shortens the waiting period before staff can abate a nuisance if
the owner of the property fails to do so;
· An additional Commonwealth's Attorney position, funded by the City, will I
be dedicated to prosecuting code enforcement issues;
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. A cross functional Code team, chaired by the Coordinator of Emergency and
Environmental Services, has been established to target difficult and
challenging properties in the City that routine Code enforcement methods
are unable to address, such as after hours drinking establishments, issues
of overcrowding, etc., to work with other City departments including police
and the fire, to ensure that various violations are addressed more quickly.
. The City Attorney will draft additional legislation for consideration by
Council in August 2006 to broaden the scope of the program and to enforce
to certain solid waste issues.
Council Member Mason inquired if animals, or animal by products, have
been addressed in terms of a Code violation; whereupon, Mr. Weber responded in
the negative and Ms Mason asked that staff review the issue.
The City Manager advised that as City staff went into the City's
neighborhoods, an attempt was made to identify the top four to five
neighborhood issues to be addressed in the uniform violation activity. She stated
that activities will be added incrementally once the proper cross training has taken
place and after major areas of activity have been addressed. She added that there
are any number of activities, depending on the neighborhood or the time of year,
that may be problematic for various neighborhoods, which is not to suggest that
the City will not continue to enforce on a complaint basis the individual issues, but
this is an effort to deal with the approximately ten per cent of citizens who do not
voluntarily comply when they are cited for various issues. The City Manager called
attention to a number of citizen concerns over the past 18 months with regard to
regulations pertaining to the care of animals, recently an issue was raised with
regard to dogs in the downtown area, and following review, a City Code
amendment will be presented to Council for consideration in August proposing a
modification to the City Code that will allow dogs in certain areas of the City's
downtown.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PARKS AND RECREATION-GRANTS-YOUTH: The City Manager
submitted a written communication advising that the City of Roanoke continues to
provide for the nutritional needs of children and youth during the summer months
through the Parks and Recreation Youth Services Division supervised by the
Summer Nutrition Program; breakfast and lunch are provided to children
throughout the City from mid-June through early-August; and approximately
56,712 meals were served at sites across the Roanoke Valley during the summer
of 2005.
It was further advised that General Funds, in the amount of $40,000.00,
have been appropriated in the fiscal year 2006-2007 Parks and Recreation Youth
Services Division budget; local funds will be used to provide staffing and program
materials; Federal funds up to $210.400.00 have been approved by the United
138
States Department of Agriculture Food and Nutrition Services; and the City is
reimbursed on a per meal basis for meals actually served.
I
It was explained that the Summer Food Program is partially funded through
the United States Department of Agriculture Food and Nutrition Services which is
similar in concept to the National School Lunch Program with eligibility
requirements much like those used to determine eligibility for free or reduced
priced meals during the school year; the purpose is to provide nutritionally
balanced healthy meals to children, ages one through 18, and to those children
with special needs; and adult summer staff manages the program and youth are
hired to assist at the food service sites.
The City Manager recommended that Council take the following actions:
Accept the Summer Food Program grant, in the amount of
$210,400.00, and authorize the City Manager and City Clerk to
execute and attest respectively, an agreement with the United States
Department of Agriculture Food and Nutrition Services and any other
forms necessary to accept such grant, to be approved as to form by
the City Attorney.
Establish a revenue estimate, in the amount of $210,400.00, and
transfer $40,000.00 from the Parks and Recreation Youth Services
Division, Account No. 01-620-8170-2034, and appropriate
$250,400.00 into expenditure accounts to be established by the
Director of Finance in the Grant Fund.
I
Council Member Dowe offered the following ordinance:
(#37472-071706) AN ORDINANCE to appropriate funding from the Federal
government for the Summer Food Program, amending and reordaining certain
sections of the 2006-2007 General and Grant Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 429.)
Council Member Dowe moved the adoption of Ordinance No. 37472-
071706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m5.
NAYS: Non e _n_mn__mnum__m_m_m_nmnmnmmnn__uunmnmm_m_ndumn_O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
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Council Member Dowe offered the following resolution:
(#37473-071706) A RESOLUTION authorizing acceptance of additional
allowable reimbursements from the USDA Food and Nutrition Service, in the
amount of $40,000.00, on behalf of the City to provide for the nutritional needs of
children and youth during the summer months, and authorizing execution of any
and all necessary documents to comply with the terms and conditions of the grant
and applicable laws, regulations, and requirements pertaining thereto.
(For full text of resolution, see Resolution Book No. 70, page 430.)
Council Member Dowe moved the adoption of Resolution No. 37473-
071706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisuu5.
NAYS: Nonemu-_mumuummm_oomum_mmu__h_uuumm_hm__mum_mm_oomO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
BUDGET-GRANTS-TREES: The City Manager submitted a written
communication advising that on June 8, 2006, the City was notified by the Virginia
Department of Forestry that a $14,987.00 grant will be awarded to the City, upon
completion of a Memorandum of Agreement, to fund a part-time Urban Forestry
Planner to work with the City's Urban Forester on "Natural Resource Stewardship
for Roanoke Forest and Park Land"; and the grant is from the sanie program that
funded the part-time Urban Forestry Planner for the past four years.
It was further advised that the $14,987.00 Urban and Community Forestry
Grant is a Federal grant sponsored by the National Forest Service and
administered by the Virginia Department of Forestry; funds are awarded on a
reimbursement basis after verification ofthe local match; the majority of the City's
matching funds will consist of 525 hours of staff time ($16,086.00) provided by
the Urban Forester: the remainder of matching funds will be an additional
$8,887.00 to cover salary and benefits costs for the part-time Urban Forestry
Planner: and funding will be used for staff to work with other Department of Parks
and Recreation personnel on the natural resource planning and management
elements of the Department's work toward achieving accreditation from the
National Commission for Accreditation of Park and Recreation Agencies (CAPRA).
The City Manager recommended that Council take the following actions:
Accept the Urban and Community Forestry Grant, in the amount of
$14,987.00, and authorize the City Manager and City Clerk to
execute and attest, respectively, an agreement with the Virginia
140
Department of Forestry and any other forms necessary to accept such
grant, approved as to form by the City Attorney.
I
Establish a revenue estimate, in the amount of $14,987.00, transfer
$8,887.00 from the Parks and Recreation Temporary Employee Wage,
Account No. 01-620-4340-1004, and appropriate funds totaling
$23,874.00 to expenditure accounts to be established by the Director
of Finance in the Grant Fund.
Council Member Dowe offered the following budget ordinance:
. (#37474-071706) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Urban and Community Forestry Grant,
amending and reordaining certain sections of the 2006-2007 General and Grant
Funds Appropriations, and dispensing with the second reading by title of this
ordinance. '
(For full text of ordinance, see Ordinance Book No. 70, page 431.)
Council Member Dowe moved the adoption of Ordinance No. 37474-
071706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrismn5. I
NAYS N on e_mmmnhn_m_mnmnnmmnmn_m__umumnnn_nnnmm__m______u__O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
Council Member Dowe offered the following resolution:
(#37475-071706) A RESOLUTION authorizing the acceptance of an Urban
and Community Forest Grant to fund a part-time Urban Forestry Planner to work
with the City's Urban Forester on natural resource stewardship for Roanoke forest
and park land; and authorizing the execution of the necessary documents, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 70, page 432.)
Council Member Dowe moved the adoption of Resolution No. 37475-
071706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris--m5.
NAYS No nemnm_m_m_mn_mmn_m_mmm_m_ounmmnnnn___Uhmm_mmnm__O.
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(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
BUDGET-MARKET SQUARE PARKING GARAGE: The City Manager submitted a
written communication advising that on June 19, 2006, the City Manager
authorized an emergency procurement for professional engineering services and
construction services to address certain construction irregularities in the façade of
the Market Garage (formerly named Century Station Parking Garage); as a result of
the work, additional work was authorized to further secure the garage and to
remove the brick facade; in order to fund the approved emergency contracts, an
appropriation from the Parking Fund's retained earnings must be made, in the
amount of $500,000.00; and once the bricks are removed, an evaluation will be
made to determine the extent of repairs required for the garage.
The City Manager recommended that Council adopt a budget ordinance
appropriating $500,000.00 from Parking Fund Retained Earnings to a Parking
Fund Capital Project Account to be established by the Director of Finance to
fund the contracts.
Council Member Dowe offered the following budget ordinance:
(#37476-071706) AN ORDINANCE to transfer funding from the Parking
Fund Retained Earnings for emergency engineering analysis and repair needs at
the Market Garage, amending and reordaining certain sections of the 2006-2007
Parking Fund Appropriations, and dispensing with second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 433.)
Council Member Dowe moved the adoption of Ordinance No. 37476-
071706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m-5.
NA'(S NClrle------------------------------------------------------------------------------------------------().
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
142
BUDGET-GRANTS-FLOOD REDUCTION/CONTROL: The City Manager
submitted a written communication advising that the City of Roanoke was awarded I
a grant from the Federal Emergency Management Agency (FEMA) through its
Hazard Mitigation Grant Program; the grant is being administered through the
Commonwealth of Virginia Department of Emergency Management and includes
$316,980.00 to purchase flood prone residential properties that have been
repetitively damaged during flooding events; the grant requires a local match of
$105,640.00, for a total of $422 ,620.00; purchase ofthe properties is a voluntary
program, generally at appraised value; after purchase, any structures located on
the properties will be demolished; and the properties will then be deeded as open
space in perpetuity.
It was further advised that the following residential properties have been
identified as candidates for property acquisition, and property owners have agreed
to be candidates in FEMA Hazard Mitigation Grant Program.
I .- -.- -..
Tax Number Address ~
.-
5050616 1921 Knollwood Road, S. W._
--
6140706 1909 Meado~brook Road, N. W. i
6140711 4420 Northwood Drive, N. W. I
--
She added that sufficient funding for the local match has been identified; I
and authorization is needed to move forward with procurement of title work,
document preparation related to acquisition of the necessary property rights and
eventual demolition of the structures.
The City Manager recommended that Council take the following actions:
Adopt a budget ordinance establishing a revenue estimate, in the
amount of $316,980.00 from the Hazard Mitigation Grant Program
and appropriating funding in the same amount to an account to be
established by the Director of Finance in the Capital Projects Fund.
Authorize the City Manager to execute the necessary documents, in
a form to be approved by the City Attorney, to purchase real
property identified as Official Tax Nos. 5050616, 6140706, and
6140711 for the City of Roanoke.
Authorize the City Manager to execute deeds, placing restrictions on
the properties, providing that the properties will be maintained by
the City as open space in perpetuity.
Authorize the demolition of any structures located on the properties
and close the Hazard Mitigation Grant, in accordance with
requirements of the Federal Emergency Management Agency.
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Council Member Fitzpatrick offered the following ordinance:
(#37477-071706) AN ORDINANCE to appropriate funding from the Federal
Emergency Management Agency through its Hazard Mitigation Grant Program to
acquire properties in the flood plain, amending and reordaining certain sections
of the 2006-2007 Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 434.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37477-
071706. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m-5.
NAYS No n e_oumnmn_n__nmhmm_mnnnnm__nmmmnm__nm__oummmmm____O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
Council Member Dowe offered the following ordinance:
(#37478-071706) AN ORDINANCE authorizing the acquisition and
demolition of certain property located at 1921 Knollwood Road S. W., 1909
Meadowbrook Road N. W., and 4420 Northwood Drive, N. W., which is subject to
repetitive flooding, under the Federal Emergency Management Agency's (FEMA)
Hazard Mitigation Grant Program administered through the Commonwealth of
Virginia Department of Emergency Management; authorizing the closing of the
Hazard Mitigation Grant, upon certain terms and conditions; and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 435.)
Council Member Dowe moved the adoption of Ordinance No. 37478-
071 706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m-5.
NAYS N onem_n_mmmn_mmmn__hmmm_mmmmnnu_mmmm_________________m_O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
144
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a written communication advising that each year, the Roanoke
Redevelopment and Housing Authority (RRHA) conducts a variety of housing
programs using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds provided by the City; at a special
meeting held on May 11, 2006, Council approved the 2006-2007 Annual Update
to the HUD Consolidated Plan, including activities designated to receive CDBG
and HOME funds for FY 2006-2007; and the following additional CDBG and HOME
funds for three RRHA activities were among those approved:
I
. $ 707 ,000.00 to continue housing efforts in Gainsboro as part of
Project GOLD ("Gainsboro Opportunities Leverage Development"), the
City's most recent effort to concentrate its CDBG and HOME
resources;
. $250,000.00 for the Special Needs Program, which provides
emergency and limited housing repairs for the elderly and other
special needs populations; and
. $250,000.00 for the Derelict Structures Program, which in
coordination with the City, allows the RRHA to acquire, rehabilitate
and sell such properties to homebuyers and/or offer subsidies to
third parties to do so. A component of the Derelict Structures
Program uses the "slums and blight" latitude provided under CDBG
funds to rehabilitate housing for sale to homebuyers above the low-
and moderate-income level, thus promoting income diversity in the
City.
I
It was further advised that the total additional 2006-2007 CDBG and HOME
funding being provided to the RRHA by Amendment No.2 to the Agreement is
$1,207,000.00; and the RRHA will also receive an additional $700,000.00 in 2006-
2007 CDBG and HOME funding for the Park Street Square project, which is
conducted under a separate agreement for which action will be sought at a later
date.
It was explained that Section 2-124 of the Code of the City of Roanoke
(1979), as amended, limits the City Manager's direct authority to a maximum of
$25,000.00, with respect to amending Federally-assisted subgrant agreements;
therefore, authorization by Council is required in order to implement actions
called for by Amendment No.2; extending the 2004-2005 RRHA agreement
through a second amendment is more efficient than executing a completely new
agreement and will allow for an effective administration of multiple activities
undertaken by the RRHA; all of the necessary funds have previously been
appropriated or transferred into accounts detailed in the amendment; and, in
addition to extending the Agreement and adding funds, Amendment NO.2 also I
increases the number of units assisted.
145
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The City Manager recommended that Council authorize execution of
Amendment No.2 to the 2004-2005 CDBG/HOME Agreement with the RRHA, to be
approved as to form by the City Attorney.
Council Member Dowe offered the following resolution:
(#37479-071 706) A RESOLUTION authorizing the appropriate City officials to
execute an Amendment No.2 to the 2004-2005 Agreement with the City of
Roanoke Redevelopment and Housing Authority ("RRHA") to conduct additional
housing activities using Community Development Block Grant CCDBG") and HOME
Investment Partnerships Program ("HOME") funds, upon certain terms and
conditions.
(For full text of resolution, see Resolution Book No. 70, page 436.)
Council Member Dowe moved the adoption of Resolution No. 37479-
071706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnm5.
NtI'(S ~()rlE!------------------------------------------------------------------------------------------------0.
I (Vice-Mayor Trinkle and Council Member Wishneff were absent.)
POLICE DEPARTMENT: The City Manager submitted a communication
advising that previously the City has utilized an open towing list to provide
citizens with police requested towing services; over the last year, the Police
Department has received numerous complairlts and concerns from citizens related
to the quality and price of service provided by the companies on the City's towing
list; under the current system, two vehicles iilVolved in an accident could be
charged vastly differing amounts for the same service if served by different
companies; in accordance with Section 46.2-1217, Code of Virginia, the only way
that the City can address the pricing inequity is by contracting with one or more
towing contractors for police requested towing services; and if it does so, the City
will be better able to ensure that the public receives quality service to which it is
entitled since the City will have contracted and selected the towing contractors
through a competitive procurement process.
I
It was further advised that City staff presented a proposed contract to the
Towing Advisory Board for comment on June 21, 2006; staff has attempted to
resolve pricing inequities with the Towing Advisory Board since the fall of 2005;
throughout the process, staff has made rlumerous changes to the proposed
contract to address concerns of the Towing Advisory Board; and the current
contract reflects input from the Police Department, the Towing Advisory Board, the
towing industry, the insurance industry, and citizens.
146
The City Manager advised that City staff intends to procure, by contract, the I
services of one or more towing contractors to provide police requested towing
services; it is anticipated that there will be two different types of towing contracts
awarded; one contract will address the towing of light-duty vehicles; the vast
majority of police requested tows are for towing light-duty vehicles: a second type
of contract will be for towing medium and heavy-duty vehicles; equipment needs
for towing medium and heavy-duty vehicles are different from equipment needs
for towing light-duty vehicles; and City staff believes that by separating the towing
contracts into two categories, citizens will receive better service at a better price.
It was further advised that Section 46.2-1217, Code of Virginia(1950) as
amended, allows the governing body of any city to contract with one or more
towing contractors to provide police requested towing services within the City's
boundaries; the code section further provides that the contract may specify the
fees or charges to be paid by the owner or operator of the towed vehicle; and by
contracting for police requested towing services, the City can better ensure the
quality and cost of towing services provided to citizens as a result of police
requested tows.
The City Manager recommended that Council adopt a resolution authorizing
the City Manager to procure and contract with one or more towing contractors for
police requested towing services: and to procure such services in the manner I
deemed most appropriate.
Council Member Dowe offered the following resolution:
(#37480-071706) A RESOLUTION authorizing the City Manager to procure
requested towing services.
(For full text of resolution, see Resolution Book No. 70, page 437.)
Council Member Dowe moved the adoption of Resolution No. 37480-
071706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisum5.
NAlfS NC>ne-----------.---------------.--------------------------------------------------------------------Cl.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
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REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting
that Council appropriate funds to the following grant programs, was before the
body.
. $ 7 ,500.00 for the Edgar A. Thurman Charitable Foundation for Children to
provide services to needy and necessitous children, which continuing
program will be reimbursed with a donation.
. $5,000.00 for the Algebra Readiness Summer Program to enable
middle and high school students to attend summer algebra
readiness classes, said new program will be 100 per cent reimbursed
by State funds.
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
Council Member Dowe offered the following ordinance:
(#37481-071706) AN ORDINANCE to appropriate funding from the
Commonwealth and a private donor for the Algebra Readiness Summer Program
and Thurman Foundation Grant, amending and reordaining certain sections of the
2006-2007 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 438.)
Council Member Dowe moved the adoption of Ordinance No. 37481-
071706. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrismn5.
Nf\)lS NCJIlE!------------------------------------------------------------------------------------------------().
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting
that Council trallSfer funds from the FY2006-07 Debt Service Reserve, in the
amount of $700,000.00, to provide for a portion of the increased cost of
construction for Phase II of Patrick Henry High School, was before Council.
It was further advised that the appropriation will provide interim funding for
the project for the period during which permanent funding sources are identified;
and debt reserve funds are budgeted in the General Fund.
148
It was further advised that the School Board further requests that I
$600,000.00 be transferred from the FY2006-07 Debt Service Reserve to provide
for the balance of the cost of construction for Monterey Elementary School
renovations; and debt reserve funds are budgeted in the General Fund.
A report of the Director of Finance recommending that Council concur
in the requests of the School Board, was also before the body.
Council Member Fitzpatrick offered the following budget ordinance:
(#37482-071706) AN ORDINANCE to transfer funding from the debt service
contingency for the Monterey Elementary School and Patrick Henry High School
capital projects, amending and reordaining certain sections of the 2006-2007
School and School Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 439.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37482-
071706. The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnm5. I
NAYS Non em_hnmnm_mn_.munnmn_nnmm_nnnm_____mnmnn_______mm__m__O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTS OF ACKNOWLEDGMENT-YOUTH-SCHOOLS: Council Member Lea
commended Council Member Dowe for his work with Roanoke's young people and
the upcoming Youth Summit which will be held on August 3, 2006, at 3:00 p.m.,
at the Roanoke Civic Center.
Council Member Lea requested the support of Council and the citizens of I
Roanoke in connection with the 7'" Annual Western Virginia Education Classic
which will be held on August 31 at Liberty University.
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ACTS OF ACKNOWLEDGMENT-HOUSING/AUTHORITY-NEWSPAPERS-VA
AMATEUR SPORTS/COMMONWEALTH GAMES: Council Member Dowe commended
The Roanoke Times on the success of the July 4th Music for Americans which was
held at River's Edge Sports Complex; organizers of the Coventry Commonwealth
Games of Virginia which were held on July 14 - 16 in the Roanoke Valley; and the
opening ceremony of World Changers which will be held on July 1 5 atJackson Park
Middle School.
CITY COUNCIL-SCHOOLS: The Mayor introduced a resolution changing the
place of commencement of the joint meeting of Council and the Roanoke City
School Board scheduled to be held at 9:00 a.m., on Monday August 7, 2006, from
Room 159 in the Noel C. Taylor Municipal Building to the Media Center atJackson
Middle School, 1004 Montrose Avenue, S. E.
Council Member Fitzpatrick offered the following resolution:
(#37483-071706) A RESOLUTION changing the place of commencement of
the joint meeting of City Council and the Roanoke City School Board scheduled to
be held at 9:00 a.m., on Monday, August 7, 2006.
(For full text of resolution, seë Resolution Book No. 70, page 441.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37483-
071706. The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnm5.
NAYS: Non en_hn_n_n_nnmmmmmnnmmm__hmnm__n__nnnmnmmm__mm_O.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
No person signed up to address the Council.
CITY MANAGER COMMENTS:
STATE OF THE CITY REPORTS: The City Manager advised that the Mayor will
present the annual State of the City Address on Wednesday, July 26, 2006, at
7:30 a. m., in the Cafeteria at Patrick Henry High School.
150
POLICE DEPARTMENT: The City Manager invited the Mayor and Members of I
Council to view the first of the newly painted police vehicles bearing the black and
white design, the City logo and the police shield, which will be on display in the
Council's parking lot at 4:00 p.m.
At 3:15 p.m., the Mayor declared the Council meeting in recess for
two Closed Sessions.
At 3:50 p.m., the Council meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, with the exception of Vice-Mayor
Trinkle and Council Member Wish neff, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Fitzpatrick moved that each Member of the 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 Lea and adopted by
the following vote:
NA\(S N()I1E!------------------------------------------------------------------------------------------------().
I
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrismn5.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
COMMITTEES-OATHS OF OFFICE-FIFTH PLANNING DISTRICT COMMISSION-
CITY COUNCIL: The Mayor advised that there is a vacancy on the Roanoke Valley
Allegheny Regional Commission, created by expiration of the term of office of C.
Nelson Harris on June 30, 2006; whereupon, he opened the floor for nominations.
Council Member Fitzpatrick placed in nomination the name of Brian J.
Wishneff.
There being no further nominations, Council Member Wishneff was
appointed as a member of the Roanoke Valley-Allegheny Regional Commission, for
a term ending June 30, 2009, by the following vote:
FOR COUNCIL MEMBER WISHNEFF: Council Members Fitzpatrick, Lea,
Mason, Dowe and Mayor Harris__m_n__mmummm__m_mmummmnm__nnnmnnm_5.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
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1 51
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there are
two vacancies on the Youth Services Citizen Board created by expiration of the
terms of office of JoAnn Edmunds and Krista Blakeney on May 31, 2006;
whereupon, he opened the floor for nominations.
Council Member Fitzpatrick placed in nomination the names of JoAnn
Edmunds and Krista Blakeney.
There being no further nominations, Ms. Edmunds and Ms. Blakeney were
reappointed as members of the Youth Services Citizen Board, for terms ending
May 31, 2009, by the following vote:
FOR MS. EDMUNDS AND MS. BLAKENEY: Council Members Fitzpatrick, Lea,
Mason, Dowe and Mayor Harrisn__m_mmm_h_m__mmmmmm_mnm_mmmmmmm5.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
OATHS OF OFFICE-COMMiTTEES-PARKS AND RECREATION: The Mayor
advised that there is a vacancy on the Parks and Recreation Advisory Board created
by the resignation of Gwendolyn W. Mason, for a term ending March 31, 2007;
whereupon, he opened the floor for nominations.
Council Member Fitzpatrick placed in nomination the name of Robert H.
McAden.
There being no further nominations, Mr. McAden was appointed as a
member of the Parks and Recreation Advisory Board to fill the unexpired term of
Gwendolyn W. Mason, resigned, ending March 31, 2007, by the following vote:
FOR MR. MCADEN: Council Members Fitzpatrick, Lea, Mason, Dowe and
Mayo r H arr i s nuu - 000 000 n_nn -00000 -00- 000 000 - n - n - __nn_ 000 -00---00 Un_ un 000 _ nn nn __00_00_00_00_ m 5 .
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
OATHS OF OFFICE- COMMITTEES-LIBRARIES: The Mayor advised that there is
a vacancy on the Roanoke Public Library Board created by expiration of the term of
office of Anne E. Caldwell on June 30, 2006; whereupon, he called for nominations
to fill the vacancy.
Council Member Fitzpatrick placed in nomination the name of Carlos H.
Brunal.
1 52
There being no further nominations, Mr. Brunal was appointed as a member I
of Roanoke Public Library Board, for a term ending June 30, 2009, by the following
vote:
FOR MR. BRUNAL: Council Members Fitzpatrick, Lea, Mason, Dowe and
Mayo r H arri sn_mm_h_n_m_n_m__h_n_n___n___nnmm_n_u_____n__n_m_n___n___00__00000_00_ 5 .
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
At 4:00 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor
Municipal Building.
At 7:00 p.m., on Monday,July 17, 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 Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Gwendolyn W. Mason, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris -0000-000-00000--5.
ABSENT: Vice-Mayor David B. Trinkle and Council Member BrianJ. Wishneffm I
---------------------------------------------------------------------------------------.-----------------------------------2.
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 America was led
by Mayor Harris.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 17, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Dalton Place, LLC, and A &J Holdings, Inc.,
to permanently vacate, discontinue and close Granger Road, S. W., the matter was
before the body.
I
153
I
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 30, 2006, and Friday, July 7, 2006.
The City Planning Commission submitted a written report adviSing that the
petitioners and the owners of Official Tax No. 5470206 have agreed to vacate
Granger Road and divide the right-of-way in a manner consistent with current lot
configurations; a portion ofthe house on Official Tax No. 5470206 is encroaching
into Granger Road; the requested vacation, if approved, will correct the
encroachment by adding the necessary land to the property; and remainder of the
vacated right-of-way is proposed to be combined with a parcel of land in the
Pheasant Ridge development and will be used in conjunction with a future phase.
The City Planning Commission recommended that Council vacate Granger
Road, advising that the right-of-way provides no convenient means for current or
future access to adjacent properties; and the petitioner should be charged a price
of $8,130.00, subject to certain conditions.
Council Member Dowe offered the following ordinance:
I
(#37484-071706) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, as more particularly
described hereinafter; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 442.)
Council Member Dowe moved the adoption of Ordinance No. 37484-
071706. The motion was seconded by Council Member Fitzpatrick.
James R. Smith, Managing Partner, appeared before Council in support of
the request.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37484-071706 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrisnn5.
NI\,(5;: NClne ----------------------------------------------------------------------------------------------().
I (Vice-Mayor Trinkle and Council Member Wishneff were absent.)
154
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
April 6, 1981, the City Clerk having advertised a public hearing for Monday, I
July 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Trustees of Metropolitan Community Church of the Blue Ridge that
property located on Jamison Avenue, S. E., identified as Official Tax No. 41 20113,
be rezoned from RM-2, Residential Mixed Density District, to IN, Institutional
District, subject to certain conditions proferred by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday June 30, 2006, and Friday, July 7, 2006.
The City Planning Commission submitted a written report advising that the
petitioner owns and operates a place of worship identified as Official Tax No.
4120112, located at 806 Jamison Avenue, S. E., which is currently zoned IN,
Institutional District; the property is located immediately adjacent to the subject
parcel of the petition for rezoning; the existing church building abuts the
surrounding property line on the parcel; the owner wishes to rezone the property
to IN, Institutional District, to permit construction of an addition to provide for
stairs and an elevator for the church facility; two handicapped parking spaces will
also be provided on the subject property with access to the elevator in the
addition via a concrete walkway; the parking spaces will be accessed via an alley at
the rear of the property; and the front portion of the property will remain open I
space along Jamison Avenue.
The Planning Commission recommended that Council approve rezoning of
the property, including an additional proffer that was submitted by the applicant
during the public hearing as set forth in an amended petition; and the petition
provides for practical use of the property consistent with the general mixture of
uses along the Jamison/Bullitt Avenues and 9'" Street Corridors.
Council Member Mason offered the following ordinance:
(#37485-071706) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain property within
the City, subject to certain conditions proffered by the applicant; and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, page 444.)
Council Member Mason moved the adoption of Ordinance No. 37485-
071706. The motion was seconded by Council Member Dowe.
Maryellen F. Goodlatte, Attorney, appeared before Council in support ofthe I
request of her client.
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155
The Mayor inquired ifthere were persons present who would like to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37485-071706 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harrismn5.
NAYS: Non emm__mmmm_nmn_mmm_mmmmmunmmmmnmnm_ummmnO.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by Council on April 6,
1981, the City Clerk having advertised a public hearing for Monday, July 17, 2006,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
Arellano Orange, LLC, to repeal a proffer of a site plan showing the layout and
access to property located in the 2900 block of Orange Avenue, N. E., identified as
Official Tax No. 7090408, and a proffer prohibiting outdoor advertising on the
subject property, and replacing such proffers with a proffer of a new site plan
showing the layout and access to the subject property dated May 18, 2006, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 30, 2006 and Friday, July 7, 2006.
The City Planning Commission submitted a written report advising that as
part ofthe comprehensive rezoning adopted by Council on December 5, 2005, the
subject property was rezoned from C-2, General Commercial District, with
conditions, to CG, Commercial-General District, with conditions; the petitioner
requests that the proffered conditions on the ±2.18-acre parcel located at 2901
Orange Avenue, N. E., be repealed and that a new condition be accepted relative to
the currently proposed development for the site; the originally proffered site plan
included development of a single Mexican restaurant on approximately half ofthe
parcel: and the revised development proposes a similar establishment with a
future commercial building as well.
The Planning Commission recommended that Council approve the request,
finding that the petition to amend the proffered conditions on the subject
property furthers the purposes of the City's Comprehensive Plan, the
Hollins/Wildwood Area Plan and the City's Zoning Ordinance.
156
Council Member Mason offered the following ordinance:
I
(#37486-071706) AN ORDINANCE to amend §36.2-1 00, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by repealing Ordinance No.
24610-010400, to the extent such ordinance placed certain conditions on Official
Tax No. 7090408 located on Orange Avenue, N. E., and placing a new proffer on
the subject property; and dispensing with second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 446.)
Council Member Mason moved the adoption of Ordinance No. 37486-
071706. The motion was seconded by Council Member Fitzpatrick.
The Mayor inqUired if there were persons present who would like to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37486-071706 was adopted by the following vote:
Nt\),5;: ~()ne---------------------------------------------------------------------------------------.-------().
I
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m-5.
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
TAXES: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, July 17, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a request of Western Virginia
Emergency Medical Services Council, Inc., a non-profit organization, for tax
exempt status of certain real property located at 1944 Peters Creek Road, N. W.,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 7, 2006.
The City Manager submitted a communication advising that the Western
Virginia Emergency Medical Services Council, Inc., owns property known as Official
Tax No. 6140712, located at 1944 Peters Creek Road, N. W.; the primary purpose
of the Western Virginia Emergency Medical Services Council, Inc., is to coordinate
emergency medical services within the Council's 12 - County and 6 - City region,
as well as to provide emergency medical services education; and annual taxes due I
for fiscal year 2006-2007 on the above referenced parcel of land are $2,991.66 on
an assessed value of $251,400.00.
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It was further advised that on May 19, 2003, Council approved a revised
policy and procedure in connection with requests from non-profit organizations
for tax exemption of certain property in the City of Roanoke, pursuant to
Resolution No. 36331-051903, effective January 1,2003: and the Western Virginia
Emergency Medical Services Council, Inc., has provided the necessary information
prior to October 15, 2006, which is the deadline for applications for exemptions
that would take effect on January 1, 2007.
It was noted that according to the Office of the Commissioner of the
Revenue, the loss of revenue to the City will be $2,393.34 annually after a 20 per
cent service charge is levied by the City in lieu of real estate taxes, or $598.32: the
Commissioner of the Revenue has determined that the organization is currently
non-exempt from paying real estate taxes on the above referenced property by
classification or designation under the Code of Virginia and the IRS recognizes the
organization as a 501 (c)3 tax-exempt organization.
The City Manager recommended that Council authorize the Western Virginia
Emergency Medical Services Council, Inc., exemption from real estate property
taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia,
effective January 1,2007, for property known as Official Tax No. 6140712, located
at 1944 Peters Creek Road, N. W., if the organization agrees to pay the subject
service charge by that date.
Council Member Dowe offered the following ordinance:
(#37487-071706) AN ORDINANCE exempting from real estate property
taxation certain property located in the City of Roanoke of Western Virginia
Emergency Medical Services Council, Inc., an organization devoted exclusively to
charitable or benevolent purposes on a non-profit basis; providing for an effective
date; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 448.)
Council Member Dowe moved the adoption of Ordinance No. 37487-
071706. The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance No.
37487-071706 was adopted by the following vote:
158
AYES: Council Members Fitzpatrick, Lea, Mason, Dowe and Mayor Harris-m-5.
NAYS: No nem_nmuuhnmnu_um__nmm_.mm_mmu.umhnnnmmmhnnm_uuO.
I
(Vice-Mayor Trinkle and Council Member Wishneff were absent.)
CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, July 17, 2006, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a proposal of the City of Roanoke
to convey an 11.067-acre parcel of City-owned land located at the intersection of
Orange Avenue and Blue Hills Drive, N. E., to Blue Hills Village, LLC., the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, July 7, 2006.
The City Manager submitted a communication advising that the City of
Roanoke owns property known as Tract 12, located at the entrance to the Roanoke
Centre for Industry and Technology (RClT); and the property consists of an 11.067
acre parcel of land located at the intersection of Orange Avenue and Blue Hills
Drive, N. E., and is identified as Official Tax No. 7160113.
The City Manager further advised that a prospective buyer has submitted a I
concept plan for a proposed commercial development of the property which
provides for retail, restaurant, hotel, office, day care, and other commercial uses;
the prospective buyer is an entity named Blue Hills Village, LLC; the City wishes to
sell the property for $150,000.00 per acre, subject to the buyer developing the
property in substantial conformity with the concept plan; and City staff has
negotiated a contract of sale with the buyer that provides for the buyer to comply
with obligations concerning development of the property.
It was further explained that to permit the proposed development to occur,
the property must be released from the restrictive covenants that are applicable to
property at the RClT; and covenants provide that they can be released if the
owners or lessees, other than the City, of more than 50 per cent, in area, of the
total property that comprises the RClT, consent to such release.
It was indicated that the concept plan proposes development which is
consistent with Vision 2001-2020 and the Hollins/Wildwood Area Plan; commercial
development on the site a the entrance to the RClT will complement industrial
development by providing accessible goods and services near a major employment
center; the proposed development is consistent with current zoning of the
property, which is CG, Commercial-General District (conditional); restrictive
covenants on the subject property need to be released in order for the prospective I
buyer to develop the property; the covenants were designed to guide the
development of large-scale industrial sites and do not accommodate the type of
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commercial development being considered for Tract 12; and City staff is working
with the land owners in the RClT to obtain their consent to release the covenants
regarding Tract 12; and a public hearing is required to consider the sale of
property and to authorize execution of a deed of release to release property from
restrictive covenants.
The City Manager recommended that Council take the following actions:
. Authorize the City Manager to execute a contract for sale of
the property;
. Authorize the City Manager to execute a Deed of Release that
will release the property, Official Tax No. 7160113, from the
restrictive covenants applicable to RClT, once approvals needed
for such a release have been obtained;
· Authorize the City Manager to execute such further documents
and take such further action as may be necessary to accomplish
the above matters and to complete the sale of the above-
mentioned property to Blue Hills Village, LLC., the form of all
such documents to be approved by the City Attorney.
Council Member Dowe offered the following ordinance:
"AN ORDINANCE authorizing the proper City Officials to execute a contract
to sell to Blue Hills Village, LLC, certain City owned property located in the
Roanoke Centre for Industry and Technology (RClT) located at the intersection of
Orange Avenue, N. E., and Blue Hills Drive, N. E., and identified as Tax Map No.
7160113, upon certain terms and conditions; authorizing the proper City Officials
to execute a Deed of Release that will release such property from the Restrictive
Covenants applicable to property in RClT; authorizing the City Manager to execute
such further documents and take such further action as may be necessary to
accomplish the above matters; and dispensing with the second reading by title of
this Ordinance."
Council Member Dowe moved the adoption of Ordinance. The motion was
seconded by Council Member Fitzpatrick.
The Mayor advised that Council will proceed with the public hearing;
however, Council will not vote on the matter until its next regular meeting on
Monday, August 7, 2006, inasmuch as State Code provides that in order to sell
publicly owned property, a three-fourths vote by the governing body is required;
for a seven member Council, six votes will be required and since two members of
the Council are absent, it will be necessary to table the ordinance until the next
regular meeting of Council.
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The Mayor inquired if there were persons present who would like to speak in I
connection with the public hearing.
Ms. Ulinda Grome, 4050 Trail Drive, Roanoke County, advised that when the
property was previously considered by Council, it was her understanding that
provisions would be made to ensure that her property was not damaged and that
she would be notified prior to commencement of any type of construction;
however, she stated that there is no record of her previous appearance before
Council in the City's records, therefore, no provisions were made to protect her
home or her family. She advised that previous construction activity on the property
damaged, the foundation and ceilings of her home, therefore, she requested that
the City of Roanoke, prior to conveying the property to Blue Hills Village, ensure
that all precautions will be taken to protect the safety of her family and that there
will be no further damage to her home.
The Mayor advised that the remarks of Ms. Grome, will be referred to the
City Manager.
Mr. Michael Grome, 4050 Trail Drive, Roanoke County, advised that the
entire neighborhood receives its water supply through a system of wells, and
inquired as to the responsible party for any damage to the well system as a result
of construction.
The City Manager advised that the property of Mr. and Mrs. Grome is
located in Roanoke County; whereupon, she called upon John Shoulders,
Managing Member of Blue Hills Village, LLC, who advised that all building
activity will be performed in accordance with Roanoke City and Roanoke County
codes and City and County staff will be on site to ensure that all codes are
complied with and that all safety precautions are met.
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There was discussion with regard to whether meetings have been held with
affected residents of Roanoke City and Roanoke County to address their concerns;
whereupon, Mr. John Shoulders, representing Blue Hills Village, LLC, advised that
he has met with representatives of the Roanoke Center for Industry and
Technology; however, no meetings have been held with affected residents in
Roanoke County.
Council Members Dowe and Lea encouraged the developer to hold meetings
with Roanoke City and Roanoke County residents to address their concerns.
Without objection by Council, the Mayor advised that the ordinance will
tabled until the next regular meeting of Council on Monday, August 7, 2006 at
2:00 p.m., or as soon thereafter as the matter may be heard by the Council.
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CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, July 17, 2006, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a proposal of the City of Roanoke
to convey a 0.245 7-acre parcel of City-owned land located on Nelms Lane, N. E., to
L & L Development Corporation, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Friday, July 7, 2006.
The City Manager submitted a communication advising that the City owns
property located on Nelms Lane, N. E., containing approximately 0.2457 acre that
was formerly used by the Water Department as the site of a water storage tank;
the tank has been removed and the property is no longer of use to the City; the
parcel is located in a residential area and is assessed at $22,300.00; the City has
received an offer of $25,000.00 for the parcel of land from L & L Development
Corporation; and returning the parcel of land to private ownership would allow the
land to be developed for single family detached residential use.
The City Manager recommended that she be authorized to execute the
appropriate documents to convey the property to L & L Development Corporation
for a consideration of $25,000.00, such documents to be approved as to form by
the City Attorney.
Council Member Dowe offered the following ordinance:
"AN ORDINANCE authorizing the City Manager to execute the necessary
documents providing for the conveyance of Official Tax Map No. 7930713,
containing 0.2457 of an acre, located on Nelms Lane, N. E., to L & L Development
Corporation, upon certain terms and conditions; and dispensing with the second
reading of this ordinance."
Council Member Dowe moved the adoption of the ordinance. The motion
was seconded by Council Member Mason.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no questions or comments by Council Members, the Mayor
advised that since the ordinance requires six affirmative votes by the Council, it
will be tabled until the next regular meeting of Council on Monday, August 7,
2006, at 2:00 p.m., or as soon thereafter as the matter may be heard by the
Council.
162
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I
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.
COUNTRYSIDE GOLF COURSE: Valerie Garner, representing the Countryside
Neighborhood Alliance, advised that it was her understanding that the receipt of
proposals for development of Countryside Golf Course will be extended by another
45 days due to a technicality in the City's Purchasing Department. That being the
case, she suggested that the City administration initiate a more realistic study of
the property, other than the study performed by the Lawrence Group in 2003. She
explained that the Lawrence Group was instructed to look at the property in terms
of constructing the highest number of houses on the property in orderto increase
the City's tax base; and the Lawrence Group study pointed to the following
challenges for development: the property is irregularly shaped, bisected by the
Airport Runway Protection Zone, bisected by apartment complexes, located in the
floodplain, fairways are too narrow for double loaded streets, infrastructure is
lacking, homes currently line the fairways, the property is located in an Airport
over flight area, the property is close to 1-581, and the noise contour of 65
decibels is not compatible with residential development. She explained that the
Roanoke Regional Airport Commission has diverted $500,000.00 of Federal funds
for noise mitigation, which are Airport improvement funds that should have been I
used for Airport improvements, instead of insulating homes and guaranteeing sale
prices; by constructing residential structures in the same area where homes were
taken in 1980 could result in legal challenges by unsuspecting purchasers; and
there is no requirement for a disclosure of proximity to an Airport as other
localities and states have implemented. She stated that the 40-year lease
agreement with the Roanoke Regional Airport Commission expires in 2008, and if
Council, who appoints certain members to the Airport Commission, were to ask
the Commission to renew the lease, it is likely that members of the Airport
Commission would be amenable to the request. She added that the agreement
with Meadowbrook expires at the end of October, the agreement, however, limits
management's maintenance expenditures to $1,000.00, maintenance over this
amount is at the direct discretion of the City, and lack of maintenance could then
pose a public safety issue resulting in closure. She advised that Countryside
residents are anxious to engage in dialogue on a reasonable use of the
Countryside property, to be facilitated by an objective outside consultant, with
inclusion of the neighborhood and affected businesses.
Mr. Johnny Taylor, 3527 Laurel Ridge Road, N. W., advised that he has
enjoyed the scenic view of the Countryside Golf Course from the porch of his
home for many years. He stated that the Countryside Golf Course is an asset to
the City of Roanoke just as Smith Mountain Lake is an asset to the Moneta area; I
and by reclaiming Countryside as a golf course and recreation facility, the City
could partner with local hotels and motels to offer special golf rates to out of
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town visitors, the City could host golf camps for youth and could partner with
local and state high schools to sponsor swimming metes, tennis tournaments,
and annual golf tournaments to be used as a funding source for scholarships
for Roanoke's youth.
The City Manager advised that it came to the City's attention last week that
five of the six developers who were listed to receive the Request for Proposals for
development of the Countryside Golf Course property actually received the
proposal package from the Purchasing Division. She stated that she could not give
a clear and concise explanation as to what might have happened, therefore, steps
have been taken to reissue the Request for Proposals. She added that the interest
expressed by some of the above referenced developers, as well as others who
might come forth, indicates that the expression of interest is more than sufficient
to immediately turn around the process and not necessarily have to go back to the
drawing board which would lead to a further delay of the property. She advised
that the management firm that is currently operating Countryside has indicated a
willingness to renew the management contract, and based upon the City's inability
to receive responses in a timely fashion, the management firm will be notified that
the City wishes to exercise the additional one year option to renew the operating
agreement which will enable Countryside to operate as a golf course until such
time as another use has been determined.
The Mayor requested that the City Manager summarize the process of
selecting a consultant, responsibilities of the consultant and the role of the
consultant to interact with residents of the Countryside Golf Course area, etc.
The City Manager advised that Council rezoned to open space the
Countryside Golf Course property in the massive rezoning that occurred in
December 2005, which necessitated that any proposed use of Countryside, other
than its current use, will require a rezoning; rezonings require a minimum of two
public hearings, one at the City Planning Commission level and one at the City
Council level; therefore, Council has maximized the opportunity for citizen
involvement in whatever decision is ultimately made regarding use or reuse of the
property. She stated that once the City reviews the proposals and a developer is
selected, several public meetings will be scheduled in the neighborhood to solicit
input by residents of the area; prior to issuing the most recent Request for
Proposals, a neighborhood meeting was held to solicit similar input from residents
which could be shared with developers who might be interested in responding to
the Request for Proposals, additional meetings were held in the neighborhood,
and staff worked through various issues until they came up with a proposal that
was generally acceptable to all parties. She explained that the process involved
months of negotiation, and the City is not in a hurry to turn the property over to a
developer without some assurance and guarantees that the property will be
developed in the best interests of the neighborhood as well as the City. She stated
that the people who live in the immediate area are naturally concerned about what
is going to happen in their neighborhood, but it should be noted that this process
164
offers residents of the area the greatest opportunity to be a participant in the
process; had the City not stepped in and purchased the property when it was
offered for sale, another individual or another developer could have purchased the
property and with the then existing zoning they could have constructed homes
and/or conducted other activities on the property and there would have been no
provision for public input.
I
The City Manager was asked to clarify at what point in the Request for
Proposals will citizens become involved in the process.
The City Manager advised that citizens will be involved in the process when
a developer has been selected and when the developer is prepared to both share
initial ideas, as well as receive citizen input. She stated that a developer will be
selected based upon credentials and financial wherewithal; any development ofthe
property will require infrastructure improvements; it is the City's expectation that
the preferred developer will have the wherewithal to bring utilities to the property
in much the same way the Colonial Green project and that the City will not incur
any infrastructure costs.
ECONOMIC DEVELOPMENT: Joseph Alexx Bell, representing J. Bell
Development, Inc., UDI) advised that his mission statement as a commercial
developer is to rebuild the urban centers of America and to provide urban centers
with a catalyst for economic growth. He referred to a program that will take I
approximately 12 to 15 years to implement, costing in the range of $750 million
to $1 billion, the first phase of which is infrastructure changes in the form of a
subway system. He stated that he intends to work with the Virginia Department of
Transportation and Hayes, Seay, Mattern and Mattern. He also suggested that
Valley Metro operate with three shifts of employees so that bus service can be
expanded to outlying jurisdictions in the Roanoke Valley.
There being no further business, the Mayor declared the meeting
adjourned at 8:00 p.m.
ATTEST:
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APPROVED
c~ L{J~cL{~
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
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REGULAR WEEKLY SESSIONm-ROANOKE CITY COUNCIL
August 7, 2006
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
August 7, 2006, at 9:00 a.m., in the Media Center, Stonewall Jackson Middle
School, 1004 Montrose Avenue, S. E., with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended; and pursuant to Resolution No. 37467-070306 adopted on
Monday, July 3, 2006; and Resolution No. 37483-071706 adopted by the
Council on Monday, July 17, 2006.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
and Mayor C. Nelson Harrisumummmmmnm_mmummmmnm_mmmmmnnm7.
A BS EN T: Non e 00 000 00 0000 - - - - 00 00 - - 0000 - - 00_0000 - - - - 00 - - - - 00 0000 - - 00_0000_ 00 - hn 00 00__00 - 00_00 - - -- 0 .
The Mayor declared the existence of a quorum. He advised that the
purpose of the meeting was to conduct a joint meeting of the Council and the
Roanoke City School Board.
SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, William H.
Lindsey, Alvin L. Nash, Courtney A. Penn, Kathy G. Stockburger, and Chair
David B. Carson-m----n-u----u--nu---nu--oo-n-----_______n_____n_n0000__0000__0000____0000______7.
A BS E NT: Non e 00 - 00 00 - - 000 - - - 0000 - - 0000 - - - - 0000_ - - - - 00 00 - - - - _00_ 00 - - 000000 -- - noon 00__00 - - 00__ - - - - O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Deputy City Clerk.
OTHERS PRESENT: Representing the City of Roanoke: Rolanda B. Russell,
Assistant City Manager for Community Development; James Grigsby, Acting
Assistant City Manager for Operations; Amelia Merchant, Budget Administrator,
Office of Management and Budget; Faye Gilchrist, Assistant to the City Manager;
and representing the Roanoke City Public Schools: Marvin T. Thompson,
Superintendent; Cindy H. Poulton, Clerk to the School Board; Bernard J. Godek,
Associate Superintendent for Management; and August B. Bullock, Associate
Superintendent for Instruction. .
At 9:05 a.m., the Council meeting was recessed and reconvened in the
Cafetorium, with all Members of Council in attendance, Mayor Harris presiding.
166
SCHOOLS-COUNCIL: Chair Carson extended a welcome to the Mayor and I
Members of City Council and the City Administration.
On behalf of Council, the Mayor expressed appreciation for the
opportunity to meet with the School Board.
2006-07 Strateqic Planninq Goals and Obiectives
Chair Carson announced that Mayor Harris had extended an invitation to
the School Board to include a "State of the School System" address in his State
of the City comments, which could have afforded an opportunity for the School
system to provide an assessment of the State of the School System; however,
the results of the SOL's and accreditation test data, the most important
information for an objective measurement of the school system's health or lack
thereof, will not be available until late September or October 2006. Mr. Carson
noted that one of the reasons offered by the State Department of Education was
the Roanoke City School system had permissibly taken the test late in the
school year; The Chair emphasized that the School Board believes the School
system is energized and committed, and the Board was looking forward to a
bright future.
Mr. Carson pointed out that the Commonwealth of Virginia now requires
each school division to prepare a six-year Comprehensive Strategic Plan, which I
Plan would be submitted to the School Board for approval on August 8, 2006,
and he presented an overview of the following:
Roanoke City Public School Strategic Plan Summary for 2006-2007
Development of Plan
· Prioritization Process
· Strengthening Site-Based Management
· Implementing Professional Learning Communities
· Strengthening Remediation Programs
· Reducing Number of Over-aged students
· Increasing Graduation Rates
· Improving support systems for all students to enhance learning
· Closing the Achievement Gap
· Posting
· Budget
With regard to additional capital improvement funds for Patrick Henry
High School, Mayor Harris advised that the Council would discuss the matter
during its informal work session following the joint meeting with the School I
Board, and he would advise the School Board of Council's decision by the
adjournment of the 2:00 p.m. Council meeting.
167
I Facilities and Financina Work Group Updates:
Financinq Work Group - Council Member Beverlv T. Fitzpatrick. Ir.. and School
Board Trustee lason Binqham
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School Trustee Jason Bingham stated that the scope of the assignment
was much bigger than just funding. Council Member Fitzpatrick added that the
assignment was significant and he believes there is a relationship between the
City's young people and the future success of the City. Updates with regard to
the purpose and timeline were presented.
Facilities Committee Work Group - Council Member Gwendolvn W. Mason
and School Board Trustee Courtney A. Penn
School Trustee Courtney A. Penn advised that he was appreciative for the
opportunity to work with City Council with regard to addressing funding
challenges and budget efficiencies for the Roanoke City Schools and the City of
Roanoke, particularly as they relate to facility use and quality construction. He
noted other successful joint efforts undertaken by the City and the School
system, such as athletic facilities and full size basketball courts which improved
neighborhoods; and he was looking forward to continuing the same type of
collaborative working relationship.
Council Member Mason presented information with regard to the working
group's charge.
Mr. Penn added that as a new member of the School Board, he was
impressed with the intense effort and focus on the measurement and
accountability in the school system, and emphasized the committee's concern
regarding fiscal responsibility, accountability and measuring results.
The briefings were received and filed.
The Chair provided an update regarding the following ongoing capital
projects:
· Patrick Henry High School
· Patrick Henry High School Sports Stadium
· Fallon Park Elementary School Upgrade
· Monterey Elementary School Upgrade
Council Member Wishneff inquired as to why the high school football
stadium was not included in the list of strategies for student achievement and
drop out rates, which he thought was the number one strategy for the schools;
whereupon, Mr. Carson indicated that he thought the high school stadium was
"a strategy" on the list.
168
With regard to integration of on-sight management, Mr. Carson
commented that one of the goals is to provide decision-making at the lowest I
level possible and for the School Board and school system to identify various
concepts and acknowledge intent.
Council Member Trinkle expressed appreciation for the summary, and
noted that the school system was going through a lot of changes, and he
wanted to emphasize the strategic planning process, which is a great process.
He questioned the extended day at the different levels within the school
system, the transportation, etc., noting that there was not enough time during
the day to manipulate start and stop times; whereupon, Mr. Carson replied that
the School Board would be receiving a report at the its next meeting with regard
to the process by which the school system arrived at' its recommendation, as
well as viable alternatives.
There being no further discussion, the briefing was received and filed.
George Miller, Director of Athletics, reviewed the 2006 football schedules
for Patrick Henry High School and William Fleming High School.
Council Member Lea indicated that Patrick Henry and William Fleming
High Schools were scheduled to move up to another league which will include
Franklin County, and he inquired if there were plans in place with regard to a I
venue for high school football games to be played; whereupon, Mr. Miller stated
that it is anticipated that the Patrick Henry High School stadium will be
completed by the next football season, and if not, similar arrangements will be
made, since both high school football teams do not believe playing games away
is an obstacle.
Mayor Harris added that discussions had been held with adjacent
localities regarding the use of their venues; however, Franklin County contacted
the City to offer its assistance.
Council Member Wishneff requested information with regard to any
additional cost that would be incurred in connection with the high school
football games being played in Franklin County.
Mr. Carson stated that he plans to attend a Franklin County School Board
meeting to personally express appreciation on behalf of the Roanoke School
Board.
There being no further remarks, the briefing was received and filed.
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In connection with the community walking trail at William Fleming High
School, the Associate Superintendent for Management stated that there is a
one-half mile paved walking trail behind William Fleming High School equipped
with fitness stations, and in accordance with a Joint-Use Agreement with
Roanoke Parks and Recreation Department, it is the responsibility of the
schools to maintain the walking trail. He remarked that the paved portion of the
trail has been weeded and the area around the fitness stations has been
mulched. He noted that bids had been requested for patching and resealing
around the paved walking trail.
Council Member Lea stated the trail is used by many citizens and inquired
if lights could be installed along the trail for safety reasons; whereupon, Mr.
Godek replied that the matter would be investigated and responded to
accordingly.
There being no further comments, the briefing was received and filed.
With regard to the After School Programs for 2006-2007, the Associate
Superintendent for Instruction advised that the after-school programs cover a
variety of purposes, such as early instruction, clubs, athletics, etc., which the
schools support by providing transportation. He added that funds from the
General Fund are used to support the after school programs, and that teachers
volunteer and most materials are donated, which helps the school system meet
its goal.
The City Manager added that the after school programs provide after
school education and a safe place for young people to complete homework
assignments, socialize with their peers, which is also equally important.
Chair Carson expressed his sentiments with regard to the cooperation
generated and inspired from the joint meeting between the school system and
the City and further commented that he looked forward to cooperation on a
much larger scale in the future.
There being no further questions/comments, the comments was received
and filed.
Kenneth S. Cronin, Director of General Services, presented a briefing
regarding storage and distribution of motor fuels. He advised that City Staff
meet with the School administration to discuss the feaSibility of purchasing fuel
from the City of Roanoke, and based upon its discussions a Fuel Storage and
Distribution Agreement was developed. He presented the following overview:
170
City of Roanoke and Roanoke City Public Schools have reached an
agreement for the City to provide up to 450,000 gallons of diesel
fuel per year. Fueling stations are located at the Public Works
Service Center and at Parks and Recreation on Reserve Avenue.
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The price for this fuel includes a ten-cent, per gallon mark-up.
Cost is cheaper for schools because the City orders fuel in 7,000 -
8,000 loads versus 2,000 - 3,000, formerly ordered by schools.
By taking this action, fuel is purchased in greater volumes, thus
enabling us to purchase at the best prices. Prices are bid from at
least three fuel vendors before placement of orders.
Since there is the potential for a tight fuel market, including
allocation of fuel, vendors have agreed that fuel would be delivered
as requested at the time requested.
Traffic controls lanes have been established and painted, diesel
pumps have been painted green, waiting areas for buses have been
established and painted.
Fuel cards and maps of the fueling stations have been printed and
provided to all bus drivers.
I
Buses have been using the facilities since early July: Fleet
Management and School staffs have been made available for the
drivers to answer questions.
Estimated cost savings total $90,000.00 to $100,000.00.
Council Member Fitzpatrick commended City staff and the School
Administration on its efforts toward cooperation. Chair Carson added that he
believes the cooperation will improve the school system's ability to purchase
fuel at a lower rate and minimize the effects of any traumatic price hikes.
There being no further comments, Mr. Cronin's remarks were received
and filed.
In closing, Council Member Lea announced that the Seventh Annual
Western Virginia Education Classic would be held on August 31, 2006, at
Liberty University, and the ticket cost is $10.00.
At 10:55 a.m., the Council meeting was declared in recess to be I
reconvened in Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia.
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The Chair declared the School Board meeting adjourned.
At 11: 15 a.m., the Council meeting was reconvened in Room 159, first
floor, Noel C. Taylor Municipal Building, all Members of Council in attendance,
Vice-Mayor Trinkle and Council Member Dowe arriving late, Mayor Harris
presiding.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed meeting to discuss
vacancies on certain authorities, boards, commissions and committees
. appointed by Council, pursuant to Section 2.2-3711 (Al(I), Code of Virginia
(1950), as amended, was before the body.
Council Member Fitzpatrick moved that Council concur in the
abovementioned request. The motion was seconded by Council Member Lea
and adopted by the following vote:
AYES: Council Members Lea, Mason, Wishneff, Fitzpatrick and Mayor
H ar ri s - 00 - - - 000 - - nn - - -00- - - - - - 0000 00 _ - noon __ _ _ _ 0000 00 _ _ noon 0000 00 _00_ _ _ _ _ _00___0000_ 00 _ _ 0000 - - - - 0000 00 0000- - 5 .
NAYS: Non e 00__00__00____0000____00_00___000000___00__0000_____0000_0000_______0000_----00-----000--0.
(Vice-Mayor and Trinkle and Council Member Dowe were not present when the
vote was recorded.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
At this point, Vice-Mayor Trinkle and Council Member Dowe entered the
meeting.
BRIEFINGS:
With regard to the Flood Reduction Project, the City Manager advised that
a contract has been awarded in connection with Phase II of the Flood Reduction
Project. She called upon Luke Pugh, Civil Engineer II, for an update on the
project.
172
Mr. Pugh reviewed charts of the Flood Reduction Project, Phase II. He I
advised that the bench cut systems tested well with a Ql0 storm in late June
2006. He shared pictures of the Thirteenth Street Bridge and Industrial Center
areas and commented on the Ninth Street Recreation Trail that extends to the
Waste Water Treatment Plant area. He further advised that a preconstruction
conference with Allegheny Construction Company is scheduled for August 23,
2006, and the 90-day contract will commence after September 4, 2006. He
indicated that the Greenway Trail would eventually connect to the Wasena area,
but it could not be accomplished until other bench cuts were completed. He
pointed out that for the past two years, the City has received $5 million from
the Corps of Engineers; however, the City expects to receive $8 million from the
Corps in October for design, overhead and construction costs; and hopefully,
the funds will cover the bench cuts in the Piedmont area near Roanoke
Memorial Hospital back into the Wiley Drive and Wasena area.
Council Member Dowe inquired about the possibility for retail and
residential development along the greenway areas; whereupon, the City
Manager stated that past policy decisions designated all greenway areas for
public use instead of private or commercial use; however, the City has began
looking at not only greenways, but other walking trails that could allow small
commercial developments within neighborhoods that would encourage people I
to walk more rather than drive, i.e., Grandin Village.
Since the Reserve Avenue area is zoned for retail and commercial
businesses, the City Manager added that a hotel and several restaurants may be
constructed in the area, and discussions have been held with regard to the
creation of another connection by bridge near the Rivers' Edge Complex which
could draw people to the Roanoke River area. Mr. Pugh noted that the Corps of
Engineers was managing the projects with small base bids, plus options;
however, City staff hopes the Corps will award additional options when its fiscal
year commences in October 2006.
There being no further comments, the briefing was received and filed.
Realianment of Riaht-of-Wav Manaaement Issues:
The Director of Public Works presented the following summation of
realignment of right-of-way management issues:
. Initial realignment of right-of'way (ROW) activities occurred in
2001, moving a number of operations from other departments
into the Transportation Division of Public Works (street
sweeping, bridge maintenance, dead animal pick up, right-of-
way mowing).
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· Aesthetics of the City's public rights-of-way is growing in
importance and helps to influence people's decisions about
where they choose to live and work.
· Recent planning efforts within Public Works identified additional
operations that warranted evaluation for possible realignment.
Transportation Division will be responsible for:
· Maintenance of all bridge lighting and under-bridge lighting
· Installation of holiday decorations on downtown street light
poles
· Removal of realtor signs and other non-permitted items from
ROW
· Management of bench locations in the ROW
· Maintenance of 20 storm water basins (i.e., RClT and along 1-
581 across from Valley View Mall)
· Consolidating ROW permit administration (assemblies, banners,
dumpsters, sidewalk signs, outdoor dining, adopt-a-street, etc.)
· Developing and managing the Annual Paving Program
· Management of utility cut permits and inspection program
Solid Waste Manaqement Division will be responsible for thorough
cleaning of public trash receptacles in the ROW
Facilities Manaqement Division (General Services Department) will
be responsible for:
· Maintenance and testing of the municipal fire alarm system in
City buildings
· Maintenance of benches in the ROW
Parks and Recreation Department will remain responsible for
managing all horticulture and urban forestry activities within the
ROW
Council Member Dowe inquired if gateway banners could be located
throughout the City to announce various activities in the downtown area;
whereupon, the City Manager stated that there are gateway signs under
development, unfortunately, the process has taken longer than anticipated. She
noted that once installed, there will be an opportunity for City advertisements
as well as advertisement by organizations for announcement purposes.
There being no further comments, the briefing was received and filed.
174
At 12:00 p.m., the Mayor declared the Council meeting in recess to be
reconvened in the Council's Conference Room, Room 451, fourth floor, Noel C. I
Taylor Municipal Building, for a discussion of additional capital improvement
funds for Patrick Henry High School.
At 12: 10 p.m., the Council meeting reconvened in the Council's
Conference Room, with all Members of Council in attendance, with Mayor Harris
presiding.
SCHOOLS-CAPITAL IMPROVEMENTS PROGRAM: The Mayor called attention
to a communication from the City Manager dated August 2, 2006, advising that
on July 3, 2006, the School Board met jointly with City Council and requested
additional funding in the amount of $6.1 million for the Patrick Henry High
School project; the request for additional funds was based on an increase in the
cost of commercial construction ($4.2 million), project change orders ($.5
million), and furniture, equipment, and other costs not included in the project
budget ($1.4 million); and during the joint meeting, staff presented an overview
of financial planning for the high school projects, planned debt issuance,
capital projects requiring additional funding, debt policies, and debt capacity.
It was further advised that the School Board requested consideration for the
City of Roanoke to fund half of an anticipated additional debt issuance of $6.1
million for the project.
The City Manager advised that the City's pOSition had not changed;
however, another option is available for the School Board to save money by
providing another form of security on their construction projects other than
cash, which currently represents approximately $1.5 million. Due to the
overrun cost of construction of Patrick Henry High School, she expressed
concern with regard to the construction cost for the new William Fleming High
School, noting that it is important that a system be put in place to ensure
quality is maintained, but not necessarily a replication of the same kind of
costs. She emphasized that the City has to be very cautious about adhering to
its debt policies.
I
Ms. Burcham reiterated that if the Council agrees to support the School
Board's recommendation, the City will have to curtail a couple of projects for
several years, and it is a little more complex than just a decision by the School
Board as it relates to the responsible party for payment of the debt and the
issuance of the debt.
Council Member Wishneff commented that the contractor for the Patrick
Henry High School project had been given a fixed price several years ago, and
questioned whether his information was accurate and whether the contract had
been reviewed; whereupon, the Director of Finance responded that the contract I
had not been reviewed.
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In connection with discussion concerning Council's previous support of a
complete high school, the City Manager commented that Council's support was
in connection with the Roanoke Academy for Mathematics and Science Middle
School Building. She pointed out that several years ago, the Schools had
requested an additional increase in funds for construction of Patrick Henry High
School and had volunteered to pay the full debt service if the City would provide
the additional debt capacity. She was of the opinion that the Schools set the
precedent several years ago by agreeing to bear any additional cost relating to
the project, and presently, the Schools have asked for an additional $6.1
million, with the City to participate and pay half of the cost of the debt service.
She recalled that former Mayor Bowers had requested that $570,000.00 be
allocated annually to fund the Patrick Henry High School project; and that the
annual allocation would be used solely for Patrick Henry and not towards any
construction of the new William Fleming High School. She explained that the
City was to make the debt available in its debt capacity, but would fund 50/50
of the debt service, or the mortgage payment. She added that the School
Board, in its request for additional capital funding, stated that it would pay 100
percent of the additional debt service. Although there was not a contract at
that time, she remarked that there was discussion as to who should be
responsible for overages. She further commented that she would be surprised
if there was a fixed cost on Phase 2 for Patrick Henry due to the unstable prices
in the construction industry. She noted that if there is a contract on William
Fleming it could end up being a second class school compared to Patrick Henry
because it would not encompass all the items that have been added to Patrick
Henry. She added that the recommendation for the School Division to assume
responsibility for the debt service is based on the fact that they assumed
responsibility for project cost increases and would provide debt service on the
additional debt issuance of $13.5 million for the Patrick Henry and William
Fleming projects that Council agreed to during FY2003-04. Ms. Burcham
advised that the City's share of the funding for both projects totals $39 million
and it has been a challenge to put a strategy in place to fund its share of the
debt service; and the recommendation to use CMERP funds is a strategy to
reduce the level of debt issuance to preserve debt issuance capacity under the
City's debt policies.
The City Manager noted that as the City faces budget and project cost
challenges, such as the Fire-EMS Administration/Station facility, Police Building
and Civic Center expansion projects, the City's strategy has been to eliminate
and resize project components, as well as provide additional cash funding when
possible to mitigate the need for issuance of additional debt; the City staff is of
the opinion that the recommendation which was outlined at the July 3, 2006
Council meeting is prudent based on the abovementioned challenges; when the
Council previously agreed to the additional debt issuance of $13.5 million in
FY2003-04, the City delayed the planned issuance of debt for the Fire-EMS
facilities improvements and the multi-purpose recreation center project to
preserve debt capacity flexibility under the City's debt policy to take advantage
176
of any unforeseen opportunities, thus acquisition of the Countryside property
was such an opportunity. I
With regard to the design of the new William Fleming High School, the
City Manager advised that during the planning process for construction of
Patrick Henry, City staff gave thought to an opportunity to incorporate the
Raleigh Court Library Branch in with the Patrick Henry High School design;
however, a positive reaction was not received from the School system. She
advised that two City staff personnel were present at today's design meeting to
discuss the possibility of a library being included in the William Fleming design,
which she perceived to be a great opportunity since there is not a library
located within that section of the City; and if City Council concurs with said
concept, the City is prepared to allocate the additional money to the project.
Since the decision is a leadership one, Council Member Fitzpatrick stated
that he would prefer to follow the precedent set with previous requests from
the Schools whereby the Schools pay the interest on the bonds, rather than the
City take such responsibility. Until the funding formula is changed, he believes
that there is better understanding on the use of the facilities through the work
of the committees that are studying the matter. He further remarked that he is
convinced that it would be better to continue doing what has been done and
advise the School system that the City will facilitate and offer its assistance. I
Although the City has cut its budget and is still able to provide better services,
he is not convinced that the School system has done the same; and he is of the
opinion that the Council should rely on the direction recommended by the City
Manager and the Director of Finance.
In response to comments from Vice-Mayor David B. Trinkle with regard .to
the use of performance of local taxes and growth in the Prepared Food Tax
revenue to fund a portion of the additional debt issuance, it was stated in the
communication that the School Division would receive a portion of the local tax
revenue growth that is in excess of the budget, based upon the funding
formula that is part of the year-end settlement process, which is included in the
Undesignated General Fund Balance that is shared with the School Division.
Council Member Wishneff continued to stress the importance of Council
having some influence regarding the scope of the William Fleming High school
design and construction.
Following further discussion, the Mayor noted that it appeared to be the
consensus of the Council to give concurrence to the City Manager and the
Director of Finance's recommendation as stated in the joint communication
dated August 2, and he would essentially relate said response to the School
Board Chair. He called attention to the opening paragraph of the August 2 joint I
communication whereupon the $6.1 million was categorized, and stated that
the bulk of the $4.2 million was based upon an increase in construction costs.
He suggested that Council give consideration to sharing half of the $4.2 million
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because he believes the increase in the cost of the project is legitimate, and it is
as much a policy as political since the Council has to be able to justify to the
taxpayers the reason for the increase.
There being no further discussion, Council Member Mason moved that
Council elect to issue $4.6 million of additional bonds, but not participate in
the annual debt service for said portion of the project; that the $4.6 million
level be predicated on the use of School Capital Maintenance and Equipment
Replacement (CMERP) funds over two years to fund furniture, equipment, and
other costs not included in the project budget; and the School administration
be encouraged to convert the performance guarantee paid from the project
account from a cash form to a bond, letter of credit, or some other form of
surety, in the amount of $ 500,000.00.
The motion was seconded by Council Member Lea and unanimously
adopted. The Mayor advised that he would communicate Council's decision by
telephone to the Chair of the School Board and would thereafter follow-up with
a communication.
At 1 :00 p.m., the Mayor declared the meeting in recess for a meeting of
the Audit Committee.
At 1 :30 p.m., the Council meeting was reconvened in the Council's
Conference Room and thereafter, recessed for a closed meeting.
At 1 :40 p.m., the Council meeting was reconvened in the Council
Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, all
Members of Council in attendance, with Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Dowe moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information
Act; and (2) only such public business matters as were identified in any motion
by which any Closed Meeting was convened were heard, discussed or
considered by City Council. The motion was seconded by Vice-Mayor
Fitzpatrick and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r H arri s munnn___oouuoou_oo___n__uoooouuoooo_oo___u_oooo_.uu_oonnnoo_uoo_u_oo00 7 .
NAYS: None 0000_000000__0000____0000____00_____0000____000000__.__0000_________00_00___0000__00_00__00___00_0.
OATHS OF OFFICE-FIRE DEPARTMENT-COMMITTEES: The Mayor called
attention to a vacancy on the Board of Fire Appeals created by the expiration of
the term of office of Harry F. Collins, on June 30, 2006; whereupon he opened
the floor for nominations.
1 78
The name of John H. Johnson, Jr., was placed in nomination.
I
There being no further nominations, Mr. Johnson was appointed as a
member of the Board of Fire Appeals, for a term ending June 30, 2010, by the
following vote:
FOR MR. JOHNSON: Council Members Lea, Mason, Trinkle, Wish neff,
Dowe, Fitzpatrick and Mayor Harrism_hmmmm___n_mnmm___mnnnhm___m_mn7.
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor
called attention to a vacancy on the Personnel and Employment Practices
Commission created by expiration of the term of office of Alphonzo L. Holland
on June 30, 2006; whereupon he opened the floor for nominations.
The name of William L. Lee was placed in nomination.
There being no further nominations, Mr. Lee was appointed as a member
of the Personnel and Employment Practices Commission, for a term ending June
30, 2009, by the following vote:
FOR MR. LEE: Council Members Lea, Mason, Trinkle, Wishneff, Dowe,
Fitzpatrick and Mayor Harrisnmmm____mmm_m_h_nmnmnm_u__mnnmnm___nn7. I
OATHS OF OFFICE-COMMiTTEES-YOUTH: The Mayor called attention to a
vacancy on the Youth Services Citizen Board created by expiration of the term
of office of Richard Clemmer on May 31, 2006; whereupon he opened the floor
for nominations.
The name of Michael E. Smith was placed in nomination.
There being no further nominations, Mr. Smith was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31, 2009,
by the following vote:
FOR MR. SMITH: Council Members Lea, Mason, Trinkle, Wishneff, Dowe,
Fitzpatrick and Mayor Harri Sm____m__m_mmmnh____m_mmnmmmhnnmu_mum 7.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor called
attention to two vacancies created by the expiration of the term of office of
Gregory W. Feldmann and Christie L. Wills as Commissioners of the Roanoke
Redevelopment and Housing Authority on August 31, 2006; whereupon he
opened the floor for nominations.
The names of Gregory W. Feldmann and Christie L. Wills were placed in
nomination.
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179
There being no further nominations, Mr. Feldmann and Ms. Wills were
reappointed as Commissioners of the Roanoke Redevelopment and Housing
Authority, for a terms ending August 31, 2010, by the following vote:
FOR MR. FELDMANN AND MS. WILLS: Council Members Lea, Mason,
Trinkle, Wishneff, Dowe, Fitzpatrick and Mayor Harrisoo__nmmmm_mmoom_n_n_7.
At 1:45 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 2:00 p.m., in the City Council Chamber, Room 450, Noel C.
Taylor Municipal Building.
At 2:00 p.m., on Monday, August 7, 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 Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
and Mayor C. Nelson Harris __mm_um_n_mm_mmnnumoooomoo_nm_mmunm___m7.
ABS ENT: No n e _oo________oon_oooou___oooonn__uoouoo___oo_____uoooo___oohn__oo____-00-__000.
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 Stephanie M.
Moon, Deputy City Clerk.
Mayor Harris called for a moment of silence in recognition of the passing
of the Honorable James Olin, former member, United States House of
Representatives; and Mary Kathleen Franklin, mother of Mary F. Parker, City
Clerk.
The invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
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.
180
ROANOKE CIVIC CENTER-LEASES: A communication from the City I
Manager requesting that Council schedule a public hearing for Monday, August
21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
consider a lease of office space within the Civic Center Annex, was before the
body.
Council Member Fitzpatrick moved that Council concur in the
abovementioned request. The motion was seconded by Council Member Mason
and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r H arri S___nn_n_uunun_uuuu_n_n__nu_mu__n_nuuuhnnnn_.uuhnnn_n_007.
NAYS: Non e -00- - - 00 --00 - - - - - - 000000-- 00 - - - - 00 - 00 00-- __ - - 00 - - - - 00 --0000 - - - - -00 00 00 00 0000 0000 00 - - - - -nO .
CITY CLERK: A communication from Mary F. Parker, City Clerk, advising
of her retirement as City Clerk for the City of Roanoke, effective October 1,
2006, was before the Council.
Council Member Fitzpatrick moved that Council concur in the request.
The motion was seconded by Council Member Mason and adopted by the I
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r H arri sn_nn____ndnn____n_._nh_n_______nu__nnn___.___nn__nn__-______nhn_____7 .
NAYS: No n e m__nn_______hnn________UU_hn____nn____Uh__n____n_u_n_h0000______00_000.
TAXES-REAL ESTATE VALUATION-CIRCUIT COURT: A communication from
the Honorable Clifford R. Weckstein transmitting the Annual Report of the Board
of Equalization for the Taxable Year July 1, 2006 to June 30, 2007, was before
the Council.
The Board recommended that future Boards continue to have office space
separate from that occupied by the Office of Real Estate Valuation; and the
members of the Board appreciate the fact that the City's Administration has
provided such office space, along with furniture, computers and software for
the Board's exclusive use.
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1 81
Council Member Fitzpatrick moved that Council concur in the request.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor H arri S_m__n_uu_oou_nuuuu____oouu_oonn _000000__00_0000000000_00_00000000_00_000000_7 .
NAYS: No ne ____00____00_________________00_____0000____0000____0000__0000______00____00000___00_00_0.
COMMITTEES-PARKS AND RECREATION-HOUSING/AUTHORITY-ROANOKE
ARTS COMMISSION-LIBRARIES-FIFTH DISTRICT PLANNING COMMISSION-
SCHOOLS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Report of qualification of
the following persons, was before the Council:
Barry W. Baird as a member of the Virginia Western Community
College Board of Directors, for a term ending June 30, 2010;
Krista Blakeney as a member of the Fair Housing Board, for a term
ending March 31, 2009;
Darlene L. Burcham and Robert H. Logan, III, as members of the
Roanoke Valley Allegheny Regional Commission, for terms ending
June 30, 2009;
David C, Key as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 2010;
Kathleen W. Lunsford as a member of the Roanoke Arts
Commission, for a term ending June, 30, 2009;
Robert H. McAden as a member of the Parks and Recreation
Advisory Board, to fill the unexpired term of Gwendolyn W. Mason,
resigned, ending March 31, 2007;
Michael L. Ramsey as a member of the Roanoke Public Library
Board, for a term ending June 30, 2009; and
Clarice E. Walker as a member of the Roanoke Neighborhood
Advocates, for a term ending June 30, 2009.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
182
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written communication recommending acceptance of a Crime Analysis Grant
from the Department of Criminal Justice Services, in the amount of $12,
653.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37488-080706) A RESOLUTION accepting the Crime Analysis Grant
offer made to the City by the Department of Criminal Justice Services, and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 450.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37488-080706.
The motion was seconded by Council Member Lea.
Council Member Dowe advised that he serves on the Department of
Criminal Justice Services Board without remuneration and inqUired if he has a
conflict of interest in voting on Resolution No. 37488-080706.
The City Attorney advised that there would be no conflict of interest
inasmuch as Mr. Dowe serves in an unpaid position and could therefore cast his
vote on the resolution.
Resolution No. 37488-080706 was adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayor H arri su_u_oouhnnnuoouuuoooo____n_nnuoo.oouuoooo_oo__nnn__oooo_oooouu_uoo__7 .
NAYS: No n e_oo._____nnn_______oooo_______oohn_nn_____oooo______uu____nn00_00____0000_____0.
Council Member Dowe offered the following budget ordinance:
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(#37489-080706) A ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Crime Analysis Grant, amending and
reordaining certain sections of the 2006-2007 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 451.)
Council Member Dowe moved the adoption of Ordinance No. 37489-
080706. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri Suoonoo_mu_oo_oooouuuoo_oouu_muuoou_oomuuu_muuuu_oouu_muuu_7 .
NAYS: Non e m__oo_____uu______oou____oooooo___hn__oooohnnnnn___oounn____oooo__000000_0.
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS: The City
Manager submitted a communication recommending acceptance of a Rescue
Squad Assistance Fund Grant from the Virginia Department of Health, Office of
Emergency Medical Services, in the amount of $42,235.00; and appropriation of
funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37490-080706) A RESOLUTION accepting the Rescue Squad Assistance
Fund grant offer made to the City by the Virginia Department of Health, Office
of Emergency Medical Services, and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 452.)
Council Member Dowe moved the adoption of Resolution No. 37490-
080706. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri s - m_m_uuhnnnn_oouuuum_u_uoou_uu_hnnnnuuu_oouuumuu_oo___7 .
NAYS: Non e_m__uu____nnn____oooooo_______u____UU___hn___noooo___u____UU___h_U___ooO.
Council Member Fitzpatrick offered the following budget ordinance:
(#37491-080706) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant,
184
amending and reordaining certain sections of the 2006-2007 Grant and Fleet
Management Funds Appropriations, and dispensing with the second reading by I
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 453.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37491-
080706. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri s 000uu_uuuuu_00000_00_nnn___0000nnnnn_uuuuuu_uuuuuuu_uu_uuu7 .
NAYS: Non e 00 Uhn -- - - - - -00- - - - - - - 00 - - - - - - 00 - 00 - - - - 000000 - - - - _00___ - - - - 00 -- - - - _00_0000.00_ - - -0000- - O.
BUDGET-GRANTS: The City Manager submitted a written communication
recommending acceptance of a Local Government Challenge Grant from
Commonwealth of Virginia Commission for the Arts, in the amount of
$5,000.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following resolution:
I
(#37492-080706) A RESOLUTION accepting the Local Government
Challenge Grant made to the City from the Commonwealth of Virginia
Commission for the Arts, and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 454.)
Council Member Dowe moved the adoption of Resolution No. 37492-
080706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri s____oooooo_uuu_oouuuoo__uu_oooou_umuuuoonn__n__oouoooooouuuu_muu7 .
NAYS: N 0 ne__oouoo_______nn___oou____oooo_oo_____n______oooooo____________00000000______0000___0.
Council Member Dowe offered the following budget ordinance:
(#37493-080706) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Local Government Challenge Grant, I
amending and reordaining certain sections of the 2006-2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
185
I (For full text of ordinance, see Ordinance Book No. 70, page 455.)
Council Member Dowe moved the adoption of Ordinance No. 37493-
080706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri S__n_u__u_nu__nn___uuuunnnnuumnnnn__uuun__nn_nuun_n_nn00 7 .
NAYS: N 0 ne__n____uunn____nnu____nnh_nn__Un_____n__________n_n_00000000__00__0000_0.
POLICE DEPARTMENT-CITY CODE-BUDGET: The City Manager submitted a
written communication recommending amendment of the City Code to provide
for an increase in the flat fee billed to recover expenses incurred in connection
with Driving Under the Influence (DUI) and other traffic incidents; and
appropriation of anticipated fees for fiscal year 2006-2007.
Council Member Dowe offered the following ordinance:
I
(#37494-080706) AN ORDINANCE amending Section 20-17,
Reimbursement of exoenses incurred in resoondina to DUI incidents and other
traffic incidents, Article I, In General, of Chapter 20, Motor Vehicles and Traffic,
Code of the City of Roanoke (1979), as amended; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 456.)
Council Member Dowe moved the adoption of Ordinance No. 37494-
080706. The motion was seconded by Council Member Trinkle and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H a rri s 000 - - - - - - 00__00 00 _00__00_ - - - - - 0000 n - - 00-00 - _00_ - - - - 0000 - - - __ -000000--- - - - - 00 n -_ - - -00- - - - - 7 .
NAYS: Non e m____n___n___U_nn____nnn_nuu___n___nnn__n_n__u_n_____n00 __000000_000.
Council Member Dowe offered the following budget ordinance:
I
(#37495-080706) AN ORDINANCE to appropriate additional funding from
Driving Under the Influence (DUI) Recovery Program Fees, amending and
reordaining certain sections of the 2006-2007 General Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 458.)
186
Council Member Dowe moved the adoption of Ordinance No. 37495- I
080706. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri s___oou_uunnnnoo.u_oo__nnn_uuoohnnn_noo_oou_hn__oooooou___n 00000000007 .
NAYS: Non en___.oo____u_n___m______nnnn______u_n_._______uun___________00_00_00____00_0.
CITY CODE-ANIMALS: The City Manager submitted a written
communication recommending amendment of the City Code to delete
prohibition against dogs in the Market Square.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the follOWing ordinance:
(#37496-080706) AN ORDINANCE amending Section 6-24, Prohibited in
public halls. restaurants. etc., of Article II, Doqs Generallv, of Chapter 6,
Animals and Fowl, Code of the City of Roanoke, to delete the prohibition
against dogs in the market square; and dispensing with the second reading by
title of this ordinance.
I
(For full text of ordinance, see Ordinance Book No. 70, page 459.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37496-080706.
The motion was seconded by Council Member Dowe.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council
and inquired about the following: (1) parameters around the Market area; (2)
what types of dogs would be allowed; and (3) whether the leash law will apply in
specified area; whereupon, the City Manager responded that the dogs will be
permitted in the general area of the Market Square, but would be prohibited
within the outdoor dining areas which is a violation of the health code. Ms.
Burcham added that the law requires dogs to be on a leash at all times and
under the control of its owners.
Council Member Wishneff suggested that the City revisit the dog park
idea; whereupon, the City Manager advised that the matter was being evaluated
by the Director of Planning, Building and Community Development and the
Director of Parks and Recreation.
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187
Although the matter of nuisance violations had been discussed at a
previous Council meeting, Council Member Mason reiterated that there is a
serious problem with the curbing of dogs in the City, and inquired if any efforts
had been made to contact dog owners who have to register "Fluffy" and "Fido"
to remind them of their responsibilities, and if the City could remind the
residents in the downtown to curb their dogs.
The City Manager advised that she would meet with the City Treasurer to
discuss the matter of distributing information on a regular basis to all dog
owners, as well as residents who purchase dog licenses for pets to inform them
of the leash law and their responsibilities to clean up after their pets.
Vice-Mayor Trinkle suggested that the City provide "doggy bags" for use
in the downtown area by the dog owners. The City Manager added that City
staff will contact downtown merchants to inquire of their interest to provide
bags, which may encourage patrons to visit the downtown area.
There being no further comments/discussion by the Members of Council,
Ordinance No. 37496-080706 was adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
and Mayo r H arri Sn_nn_uunn_nn__nuuunn_n_uu_n_nn___uuu_n_n___uunuu_n__n__on 7.
NAYS: Non e 0000 00 __ - - - - _nn_ 00 _n_ - - - - _n_ 00 - --00 - - - 000 - - _n_nu - - - - _n_ 00 - 00 - - 00 nn - - _n___ - - 000 O.
FEE COMPENDIUM: The City Manager submitted a written communication
recommending amendment of the Fee Compendium to provide for an increase
in the sale and replacement price of automated trash containers from 551.95 to
560.00.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37497-080706) A RESOLUTION amending the City's Fee Compendium
to establish a fee for a second or additional 96-gallon automated trash
container fee for residents and small business owners to use in the disposal of
their trash; and providing for an effective date.
(For full text of resolution, see Resolution Book No. 70, page 460.)
188
Council Member Mason moved the adoption of Resolution No. 37497- I
080706. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri Sn____muu__nnoo___u_____nnoo_______un_oo_oo______hn_____oou00----00-00-------7 .
NAYS: Non e_m____oonn__oooo____hn_________Uhnn_______u_u__noooooo_____00000000____0000_0.
BRIDGES-TRAFFIC: The City Manager submitted a written communication
recommending execution of separate Amendments No. 1 with Hayes, Seay,
Mattern & Mattern, Inc., and Mattern & Craig, Inc., for consulting services for
bridge, culvert, sign, tunnel and parking garage inspection services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37498-080706) A RESOLUTION authorizing the City Manager's
issuance and execution of Amendment No. 1 to the City's Three Year Bridge,
Culvert, Sign, and Parking Garage Inspection contract with Hayes, Seay, Mattern I
& Mattern, Inc., for additional engineering services for the second year of the
contract.
(For full text of resolution, see Resolution Book No. 70, page 461.)
Council Member Dowe moved the adoption of Resolution No. 37498-
080706. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri soou_oooo_uhnnnoo_oooouuuoo___nnn_noooooouuuu__nnn_nuuuu_oooonn__7 .
NAYS: Non e_n____.__oo______un____n__n_____.__oou_nn_____n________-- _._____000000_____0000_0.
Council Member Fitzpatrick offered the following resolution:
(#37499-080706) A RESOLUTION authorizing the City Manager's
issuance and execution of Amendment No. 1 to the City's Three Year Bridge,
Culvert, Sign, and Parking Garage Inspection contract with Mattern & Craig, Inc.,
for additional engineering services for the second year of the contract.
(For full text of resolution, see Resolution Book No. 70, page 462.)
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189
Council Member Fitzpatrick moved the adoption of Resolution No. 37499-
080706. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
and Mayo r H arri Sn_nnnu_nnumnu_nnu_nnuunuuunnuuunn_nuuuum 000000000000007 .
NAYS: Non e 000 - - - - - 00 - - - - 00 - - - - - - 00 - - 00 00 - - - - - 0000 - - - - 0000 - - - - - - 0000 00 00 - - 00 - 00-00-00 - - 0000 - - -0000- - O.
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: The City Manager
submitted a written communication recommending execution of Amendment
No.4 to the Lease Agreement with the Commonwealth of Virginia Department
of General Services, Division of Engineering and Building, to extend existing
rental terms of the lease for space in the Commonwealth Building located at
210 Church Avenue, S. W., for four months, commencing July 1, 2006 and
ending October 31, 2006.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37500-080706) AN ORDINANCE authorizing a fourth amendment to an
existing lease for office space of City owned property, known as the
Commonwealth Building, located at 210 Church Avenue, between the City of
Roanoke and the Commonwealth of Virginia Department of General
Services/Division of Engineering and Buildings, for an extension of such lease
for a term of four months, upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, page 463.)
Council Member Fitzpatrick moved the adoption of Resolution No.
37500-080706. The motion was seconded by Council Member Dowe and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri S_mnuuUnuum_hnnnn_nnn_nmu_unuu_hnn_nnuu_mumunnuu7 .
NAYS: No n e______nn__nn_____m__uu_____n_n___nnn______ 00--00-----000000--0000---------- -0.
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written
communication recommending execution of Amendment No. 1 to the 2004-
2005 CDBG/HOME Agreement with the Roanoke Redevelopment and Housing
Authority, in connection with the Park Street Square Project.
(For full text, see communication on file in the City Clerk's Office.)
190
Council Member Dowe offered the following resolution:
(#37501-080706) A RESOLUTION authorizing the appropriate City
officials to execute Amendment No. 1 to the 2004-2005 Community
Development Block Grant and HOME Investment Partnership Program
Agreement with the Roanoke Redevelopment and Housing Authority, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 70, page 464.)
Council Member Dowe moved the adoption of Resolution No. 37501-
080706. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayo r H arri s 000_m mnunnuunnnnn_nnn_nunnnnoo___nnn_nn_.nn__n__nnn_nu7 .
NAYS: Non e 00 _n_ - - - - 00 n - - - - - - n - - - - 00 00 - - n _n - - - - - - nn n - - n n n n - - n n _n n - - - - nn n - - - - - - - - - 0 .
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
CITY PROPERTY-INDUSTRIES-SALE/PURCHASE OF PROPERTY: At a regular
meeting of the Council of the City of Roanoke held on Monday, July 17, 2006,
Council having tabled action on an ordinance with regard to conveyance of an
11.067-acre parcel of City-owned land located at the intersection of Orange
Avenue and Blue Hills Drive, N. E., to Blue Hills Village, LLC; whereupon, Council
Member Fitzpatrick moved that the matter be removed from the table. The
motion was seconded by Council Member Dowe and adopted.
Council Member Fitzpatrick offered the following ordinance:
(#37502-080706) AN ORDINANCE authorizing the proper City Officials to
execute a contract to sell to Blue Hills Village, LLC, certain City-owned property
located in the Roanoke Centre for Industry and Technology (RClT) located at the
intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., and identified
as Tax Map No. 7160113, upon certain terms and conditions; authorizing the
proper City officials to execute a Deed of Release that will release such property
from the Restrictive Covenants applicable to property in RClT;· authorizing the
City Manager to execute such further documents and take such further action
as may be necessary to accomplish the above matters; and dispensing with the
second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 465.)
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1 91
Council Member Fitzpatrick moved the adoption of Resolution No. 37502-
080706. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
and Mayor Harris_m_n__oooo____oo_____n______oooo_____n_u__uoooo__n___n_oo______00__0000_____00____7.
NAYS: No n e_m_____u_oo__oo____uoo____oooo_n___oooo___oo_oonn_____oooo____n_0000__00______00_0.
CITY PROPERTY: At a regular meeting of the Council of the City of
Roanoke held on Monday, July 17, 2006, Council having tabled action on an
ordinance with regard to a proposal of the City of Roanoke to convey a 0.2457-
acre parcel of City-owned land located on Nelms Lane, N. E., to L & L
Development Corporation; whereupon, Council Member Mason moved that the
matter be removed from the table. The motion was seconded by Council
Member Dowe and adopted.
Council Member Fitzpatrick offered the following ordinance:
(#37503-080706) AN ORDINANCE authorizing the City Manager to
execute the necessary documents providing for the conveyance of City owned
property designated as Official Tax Map No. 7390713, containing 0.2457 of an
acre, located on Nelms Lane, N. E., to L & L Development Corporation, upon
certain terms and conditions; and dispensing with the second reading of this
ordinance.
(For full text of ordinance, see Ordinance Book No 70, page 466.)
Council Member Fitzpatrick moved the adoption of Resolution No.3 7503-
080706. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick,
an d Mayor H arri s 000____000000___0000__0000_____0000000_00_0000_0000_0000_______0000___0000_00000000000000__7 .
NAYS: Non e oo__nnn_____n___ooU____oooo_____nnn__oooouu_______oo_n___nh__00______000000_0.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
192
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I
Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
ARMORY/STADIUM: Ms. Michelle Robertson, 1214 Floyd Avenue, S. W.,
Apartment 1, appeared before Council and expressed concern with regard to
the brick give-away at Victory Stadium u up to four bricks with a City decal. She
suggested that if another historic building should ever be demolished, that City
consider those citizens who do not own a vehicle, but may be interested in
obtaining a piece of history.
The Mayor expressed appreciation to Ms. Robertson and stated that her
suggestion would be taken into consideration should such an event occur in the
future.
MISCELLANEOUS: Ms. Helen B. Davis, 35 Patton Avenue, N. E., appeared
before Council, advising that she believes the Henry Street area is the heart of
the black community and that the community has not been treated fairly with
regard to the proposed location for the new Social Security Administration
Building. She also mentioned a promise by the Leadership Ticket during the I
Councilmanic election to complete the new William Fleming High School
stadium in 2007.
CITY MANAGER COMMENTS: NONE.
There being no further business, the Mayor declared the Council meeting
adjourned at 2:35p.m.
APPROVED
ATTEST:
~~ÔY), hl~,
Stephanie M. Moo~ C
Deputy City Clerk
Q.~~
C. Nelson Harris
Mayor
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193
ROANOKE CITY COUNClL- - REGULAR SESSION
August 21, 2006
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 21, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 37467-070306 adopted by the
Council on Tuesday, July 3, 2006.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea
and Mayor C. Nelson Harrism_hh_mmmu___mhnnn_____mmmmmmmmm_mmm7.
ABS ENT: No n e 000__00______00__________0000_____________000000__________________00__-----00--------0.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT:
Hackworth, City Attorney;
Mary F. Parker, City Clerk.
Darlene L. Burcham, City Manager; William M.
Ann H. Shawver, Deputy Director of Finance; and
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
DECEASED PERSONS: Council Member Dowe offered the following
resolution memorializing the late James R. Olin, former member of the United
States House of Representatives:
(#37504-082106) A RESOLUTION memorializing the late James R. Olin, a
former Vice-President of the General Electric Company, and a 10-year
representative of Virginia's 6th District in the U. S. House of Representatives.
(For full text of resolution, see Resolution Book No. 70, Page 465.)
194
Council Member Dowe moved the adoption of Resolution No. 37504- I
082106. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s mu_muu_mu_m nu_uuuuuu n 00000_00000000000_00000000000000000000000000_00007 .
NAYS: No n e umuumum muum - - muuuuumuuu_nmum 0000000000000_000 n n 000000.
The Mayor called for a moment of silence in memory of Mr. Olin and
advised that a ceremonial copy of the resolution will be mailed to Mrs. Olin.
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 one request for a
Closed Session.
AUDIT COMMITTEE: Minutes of the Audit Committee meeting which was I
held on Monday, June 5, 2006, were before Council.
The following items were considered by the Audit Committee:
INTERNAL AUDIT REPORTS:
· Accela
· Purchasing Cards
· Letter from Auditor of Public Accounts - Clerk of the Circuit Court Audit
· KPMG External Auditors - General Audit Plan for Fiscal Year Ending
June 30, 2006
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195
Council Member Dowe moved that the minutes of the Audit Committee
be received and filed. The motion was seconded by Council Member Fitzpatrick
and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri Suuuuhnn____uuuuu_uuuuuuuuuuum 00 Uu_u_mUUUU_mdduuun7 .
NAYS: Non e _n_nuumuuu_mu_muuumuuuuuuu__n_uu__n__n___nuu__u_u_uO.
ENTERPRISE ZONE: A communication from the City Manager advising that
pursuant to the provisions of the Code of Virginia, 1950, as amended, the City
of Roanoke is required to hold a public hearing when amending either the
boundaries or incentives to Enterprise Zone One A and Enterprise Zone Two and
its Subzone; and amendments proposed by City staff include the following, was
before Council:
·
Modification to the boundaries of both Enterprise Zones One A and Two
to eliminate inclusion of parcels that are completely residential and add
commercial parcels.
Creation of a parking lot improvement matching grant program incentive
for Enterprise Zone Two.
Amendment of the definition of "façade" as used in the existing facade
improvement grant program in Enterprise Zone One A.
Modifications to the provisions of the Fire Suppression Grant program in
Enterprise Zone One A.
·
·
·
The City Manager recommended that Council advertise a public hearing
to be held on Monday, September 18, 2006, at 7:00 p.m.
Council Member Dowe moved that Council concur in the recommendation
of the City Manager. The motion was seconded by Council Member Fitzpatrick
and adopted by the follOWing vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayor H arri suu_Umumu_hnnnn_muu_m m_UUUU_hn___num muuuuoo_n__nuu7 .
NAYS: Non e ____mUUUU__n_n___u_uuu_m mU_UUU_h_nnnuumu_m 000000___00__000.
196
ZONING-ANNUAL REPORTS: A communication from William D. Poe, Chair, I
Board of Zoning Appeals, transmitting the Annual Report of the Board for the
period July 1, 2005 through June 30, 2006, advising that for fiscal year 2005-
2006, the Board held 11 regular public hearings, during which there were 12
variance requests, 29 special exception (use) requests, and one appeal of the
Zoning Administrator's decision, was before Council.
It was further advised that in the current year, goals of the Board of
Zoning Appeals are to: continue to serve the citizens and developers of the
community in furthering the use, development and redevelopment of property
through variances and special exceptions; continue to act as a discretionary
administrative body and make decisions in matters where a person or party
within the community is aggrieved by a decision made in the administration or
enforcement of the Zoning Ordinance; and to recommend to the City Planning
Commission and to City Council any necessary revisions to the Zoning
Ordinance in order for the Board to continue to provide fair and equitable
service to the community and the citizens of Roanoke; and the Board will
continue to work with the City Attorney's Office to assure that procedures
promote a concise and fair process.
Council Member Dowe moved that the Annual Report be received and
filed. The motion was seconded by Council Member Fitzpatrick and adopted by I
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s_moo_uuuuunuuuuu_unn_nuumnunnnuuuu_n_nnnuun_nn_nn_7 .
NAYS: Non e _nuu_nn___nUoo_nnnUU_h_oo_mU_m muu_unu muuuuun_nnuuuO.
ANNUAL REPORTS-INDUSTRIES: A communication from Samuel F. Vance,
IV, representing the Industrial Development Authority (IDA), transmitting the
Annual Report for the period July 1, 2005 - June 30, 2006, was before Council.
It was advised that the IDA approved funding of ten facade grants
totaling over $287,000.00.
Council Member Dowe moved that the Annual Report be received and
filed. The motion was seconded by Council Member Fitzpatrick and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r Harri s mn____nnuuuun_nnnnuuu_n___un_nuuuunnnuuuuunnn_n__n___7 .
NAYS: Non e 00000 nnnuu_n_hnnnuun_nuuu_nuu_n_nnnnnnhn_nnnnnnuuuO.
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197
OATHS OF OFFICE-COMMiTTEES-COMMUNITY PLANNING-FIFTH PLANNING
DISTRICT COMMISSION (ROANOKE VALLEY ALLEGHENY REGIONAL
COMMISSION): The following report of qualification was before Council:
Charles D. Brunal as a member of the Roanoke Public Library Board,
for a term ending June 30, 2009; and
David B. Trinkle as a member of the Roanoke Valley Area
Metropolitan Planning Organization, to fill the unexpired term of
M. Rupert Cutler, ending June 30, 2008; and as a member of the
Roanoke Valley Allegheny Regional Commission, for a term ending
June 30, 2009.
Council Member Dowe moved that the report of qualification be received
and filed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayor Harrisuu_oo__nn.nnoouuoo_ooumm_u_m_h_hhu_oooooonuuumumuuoouuu__7.
NAYS: No n e _00__0000_____0000___000000__.00000000__0000______00____00000000._._00___0000------0000-0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ANNUAL REPORTS-COMMITTEES-HOUSING/AUTHORITY: Sherman V.
Burroughs, Vice-Chair, Fair Housing Board, presented the 2005-2006 Annual
Report of the Fair Housing Board. He responded to three issues that were
raised by Council in response to the 2004-2005 Annual Report; Le.: (1)
Council's request for the Fair Housing Board to seek a meeting with the
President and Publisher of The Roanoke Times to determine the policy of the
newspaper on the display of Equal Housing Opportunity and Equal Lending
Opportunity logos in advertisements published in the newspaper; (2) Council's
request to be informed of the response by local radio/television stations to
broadcasting/televising fair housing public service announcements; and (3)
Council's request for a status of pending fair housing complaints in the Federal
court system.
198
He advised that the Fair Housing Board:
I
· Continues to address the impediments identified in the 2001 study by
HOME, Inc., Analvsis of the Impediments to Fair Housinq in Roanoke.
Virqinia.
· Continues to collect data on alleged cases of housing discrimination in
order to target outreach and educational efforts.
· Sponsored three training sessions during the past year.
· Provided general fair housing training with additional emphasis on
disability discrimination.
· Sponsored a Housing Fair at Valley View Mall.
·
Read the National Fair Housing Alliance's recently published '2006 Fair
Housing Trends Report,' which details findings of "continuing
discriminatory housing practices by real estate agents, including denial of
service, steering, illegal comments and the use of schools as a proxy for
the racial compositions of neighborhoods."
I
·
Total Action Against Poverty received a HUD Fair Housing grant in January
2006; the Fair Housing Board and TAP have cooperated on several
activities and plan to continue to do so in the future; and this relationship
compliments the work of the Fair Housing Board and expands its limited
ability to raise awareness about fair housing in the Roanoke area.
COMMONWEALTH'S ATTORNEY: Donald M. Caldwell, Commonwealth's
Attorney, presented the 12th annual report on the Cost Collection Unit which is
administered by Rita Mason, Cost Collector. He explained that cost collection is
among some of the hidden duties of the Commonwealth Attorney's Office
which has been a part of the City Code since 1979; and in the early 1990's, the
State in an effort to increase the collection of revenue enacted stronger
legislation and a format whereby Commonwealth Attorneys could select one of
three elections to collect unpaid fine costs: to initiate an in-house program, to
hire a private collector, or to turn the responsibility over to the tax department.
He explained that the most fiscally responsible option was to implement an in-
house program, keep costs at a low percentage, and any extra funds that would
go to a collector or to a tax department would be returned to the City. He
stated that the City's Cost Collection Program collected approximately
$110,000.00 and returned another $44,450.00 to the City of Roanoke. .
(For full text, see annual report on file in the City Clerk's Office.)
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199
BUDGET-CLERK OF COURTS-EQUIPMENT: A communication from the Clerk
of Circuit Court advising that the Clerk is responsible by statute for the
recordation of legal instruments which include: land records, marriage licenses,
financing statements, assumed names, wills and other probate records, and
Law, Chancery and Criminal Orders; and these records must be maintained and
be made available to the public, was before Council.
She further advised that she intends to replace eight microfilm
reader/printers currently being used by both the general public and staff which
are in excess of 20 years old, are no longer reliable, causing unacceptable
delays in obtaining information and providing copies; the units provide the only
access to land records, wills, marriage licenses, court orders, etc., from the
years 1884-1991, or later in some cases; and the ability to access records for
inspection and copying is of the highest priority.
She explained that each reader/printer has a debit card reader attached
which ensures that all copies are paid for; copy fees are an important revenue
source for the Circuit Court Clerk's Office; the current debit system is also over
20 years old and can no longer be supported by the vendor; the encoder unit
has ceased to function and cannot be repaired; and the cost for replacing the
reader/printers and installing a new debit system is estimated at $100,000.00.
It was explained that the Clerk of Circuit Court is also undertaking a
major upgrade in equipment used to access the Case Management System
provided by the Supreme Court of Virginia; seven new pc units, three new
complete work stations, three printers and one new complete view station are
scheduled to be installed in the fall of 2006 at a cost of $8,579.00; the Clerk of
Circuit Court is prepared to begin a back scanning project involving judgments
recorded in the Clerk's Office; initial funding for the project was previously
approved by Council; additional funds are needed to complete the project,
which is estimated at $13,000.00; and the cost of all projects will be
reimbursed through funds made available by the Technology Trust Fund of the
Commonwealth of Virginia Compensation Board.
The Clerk of Circuit Court recommended that Council accept funding
from the Compensation Board Technology Trust Fund, in the amount of
$121,579.00; adopt an ordinance to establish a revenue estimate in the amount
of $121,579.00 and appropriate funds in the same amount to an expenditure
account to be established by the Director of Finance in the Grant Fund.
200
The City Manager submitted a communication concurring with the I
recommendation of the Clerk of Circuit Court.
Council Member Fitzpatrick offering the following budget ordinance:
(#37505-082106) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia through the Compensation Board Technology Trust
Fund for the technology upgrades and scanning project in the Office of Circuit
Court Clerk, amending and reordaining certain sections of the 2006-2007 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 468.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37505-
082106. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s _u_________0000_____00u____00___________00u________uu_____________00000000_00___0000__7.
NAYS: Non e_oo_______oooooo__oooooo__oooo___________oooooo______noo_________________00_.00_.__00000.
I
REPORTS OF OFFICERS:
CITY MANAG ER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
REFUSE COLLECTION-DOWNTOWN ROANOKE, INCORPORATED: The City
Manager submitted a communication advising that on November 30, 2000,
Downtown Roanoke, Inc. (DR!), and the City of Roanoke entered into an
agreement in which DRI purchased a "Green Machine" sidewalk sweeper for use
by the City in cleaning sidewalks downtown; the sweeper, known as "Big Lick,"
has been in use since that time and has been effective in improving the
cleanliness of the downtown area; the City has been responsible for operation,
maintenance, repair and supplies for the machine; and in June 2006, DRI wrote
a letter of appreciation for operation of the equipment and the positive impact
that its use has had on downtown; and Downtown Roanoke, Inc., also
expressed an interest in donating the machine to the City.
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It was further advised that in accordance with City Code Section 2-263,
acceptance of the equipment requires action by Council since the equipment is
valued at more than $5,000.00; and maintenance of the equipment has been
and will remain the responsibility of the City, thus, no additional maintenance
costs will be incurred.
The City Manager recommended that she be authorized to accept the
Green Machine sidewalk sweeper from DRI, and to express appreciation by the
City to DRI for its donation.
Council Member Mason offered the following resolution:
(#37506-081206) A RESOLUTION authorizing the acceptance of a gift of
a Green Machine sidewalk sweeper from Downtown Roanoke, Inc.
(For full text of resolution, see Resolution Book No. 70, Page 468.)
Council Member Mason moved the adoption of Resolution No. 37506-
082106. The, motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s__..oouuuoouuu_u_oo_uuhnnnhnoooouoouoouuuuuuoooouuu_nn_h_oooo_7 .
NAYS: Non e __00_00____0000________0000____000000_0000000000._00000000_________000000____0000000000_0.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a
communication advising that the City's ongoing effort to improve the
appearance of the City's public rights-of·way through code enforcement creates
the need to amend the solid waste management provisions in the City Code
(Chapter 14.1); the City's new Uniform Code Violation Program can be further
enhanced through certain ordinance changes, including utilization of a new law
enacted by the State; and other needed changes that have been identified from
daily experience in solid waste management operations are also included as
part of the recommendation.
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Proposed changes are described as follows:
I
Section 14.1-1 Definitions: Updated to add, delete and improve
understanding of terms.
Section 14.1-3 Littering: Amended to streamline the notification of
owner or occupant where solid waste violation is identified in public right-of-
way.
Section 14.1-4 When bulk containers required: Deleted. Bulk container
service not provided. Maximum container requirements for City collection will
be addressed through Section 14.1-15.
Section 14.1-15 General container requirements: Amended to clarify use
of recycling containers; set weight limits for automated containers; eliminate
free additional automated containers for large households; establish limits on
number of automated containers to be serviced; and require automated
containers to remain at assigned address.
Section 14.1-16 Placement for collection generally: Amended to have
solid waste placed in front of property, not in front of adjoining property; eases
application process for physically challenged customers; and eliminates
references to former private property service.
I
Section 14.1 -1 7 Placement of brush, bulk brush and lawn rakings for
collection: Amended to require the bagging of grass clippings, hedge
trimmings and leaves (except for leaves raked to curb for loose leaf collection
program).
Section 14.1-19 Collection in Central Business District: Amended to clarify
placement and use of various solid waste containers by all establishments in
Central Business District.
Section 14.1-21 Certain solid waste not to be collected - generally:
Amended to add other items not appropriate for collection by the City.
Section 14.1-22 Same - Brush: Amended to clarify that brush cut for a fee
is not to be collected by the City.
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Section 14.1-23 Placement and collection of bulk items and brush:
Amended to clarify limitation of bulk and brush collection to only those with
automated container service; delete reference to separate Christmas tree
collection service; clarify limits for amount of bulk and brush; clarify limits on
number of free loads for homeowner disposal at transfer station; and prohibit
City collection of bulk trash resulting from contracted work.
Section 14.1-24 Violation - Civil Penalty: Added to establish process
through which persons are subject to a civil penalty of $25 for violation of "time
of placement" requirements for solid waste containers.
Section 14.1 -44 Rate regulation; submission of rate schedules: Deleted
as regulation of rates for bulk container service has not been required, nor has
there been an identified need to monitor such rate schedules.
Section 14.1-55 Notice to remove: Amended to streamline notification of
owner or occupant where solid waste violation is identified on private property.
The City Manager recommended that Council adopt an ordinance to
affect the above referenced changes:
Vice-Mayor Trinkle offered the following ordinance:
(#37507-082106) AN ORDINANCE amending and reordaining § 14.1,
Definitions, § 14.1-3, Litterinq, § 14.1-15, General container requirements,
§ 14.1-16, Placement for collection qenerally, § 14.1-17, Placement of brush.
bulk brush and lawn rakinqs for collection, § 14.1-18, Time of placement of
individual refuse containers and recyclable containers for collection, § 14.1-19,
Collection in central business district, § 14.1-21, Certain solid waste not to be
collected - Generally, §14.1-22, Same - Brush, and §14.1-23, Placement and
collection of bulk items and brush, § 14.1-24, Violation - civil penalty, § 14.1-54,
General Prohibition, and § 14.1-5 5, Notice to Remove, and repealing § 14.1-4,
When bulk containers required, and § 14.1-44, Rate requlation: submission of
rate schedules, of Chapter 14.1, Solid Waste Manaqement, of the Code of the
City of Roanoke (1979), as amended, for the purpose of updating and clarifying
the City's solid waste ordinance; and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 469.)
204
Vice-Mayor Trinkle moved the adoption of Ordinance NO.3 7507-082106.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
I
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayo r H arri s __u_nn.nnnn_uunuuum un 00 muu_n_nnn_hn_n_nu_nuuu_muuuu7 .
NAYS: No n e 00------ 00____0000___000____00_00____00________000000________0000___000000____00000000__0.
BUDGET-SPORTS ACTIVITIES-PARKS AND RECREATION: The City Manager
. submitted a communication advising that on July 3, 2006, Council received a
letter from Mayor Harris and Vice-Mayor Trinkle concerning the location which
was formerly home to Victory Stadium and the surrounding vicinity; in addition
to conceptual plans to develop temporary multi-use athletic facilities previously
supported by Council, the letter outlined the need for a master plan for the
purpose of developing long-term use strategies for the site and other specific
actions that focus on the site remaining in public use; and Council concurred in
the approach outlined in the letter.
It was further advised that residual funding in the amount of
$580,000.00 is available in the Victory Stadium Project account and can be
reallocated to support the identified action items for the Reserve Avenue I
project area, specifically development of temporary multi-use athletic facilities;
to expedite and facilitate development of the site for athletic facilities, the
current contract with S. B. Cox, Incorporated, can be amended to provide for
site grading, supplementary erosion and sediment control measures, and storm
drainage; cost of the additional work is projected to be not more than
$388,845.00, with an estimated time for completion of 60 calendar days; and
authorization by Council is needed for the additional work because the
additional cost combined with prior change orders, will exceed 25 per cent of
the original contract.
The City Manager recommended that Council authorize the Director of
Finance to establish an account in the Capital Projects Fund entitled "Reserve
Avenue Athletic Venue"; transfer funding in the amount of $580,000.00 from
the Stadium/Amphitheater Project, Account No. 08-530-9758-9003, to the
newly established account; authorize the City Manager to execute additional
amendments to the contract with S. B. Cox, Incorporated, for additional site
grading, supplementary erosion and sediment control measures, and storm
drainage; and funding for the amendment will be available in the new project
account for the Reserve Avenue Athletic Venue.
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Council Member Dowe offered the following budget ordinance:
(#37508·082106) AN ORDINANCE to transfer funding from the
Stadium/Amphitheater Project for the establishment of the Reserve Avenue
Athletic Venue Project, amending and reordaining certain sections of the 2006-
2007 Capital· Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 484.)
Council Member Dowe moved the adoption of Ordinance No. 37508-
082106. The motion was seconded by Council Member Fitzpatrick.
Upon question, the City Manager advised that a balance of $580,000.00
remains in the old Victory Stadium/Amphitheater account and is requested to
be transferred and the contract amendment totals $388,845.00. She explained
that when the City received what was considered to be outstanding bids for
demolition at Victory Stadium, it was anticipated that the City might be in a
position to execute an amendment to the original contract with S. B. Cox, Inc.,
in order to continue grading and preparation of the fields; S. B. Cox, Inc., has
performed in an outstanding manner, on time and on budget, and is available
to perform the additional work; and other contractors in the area have been
contacted to ensure that the amount of recommended funds is a reasonable
estimate. She stated that the $388,000.00 level, with a projected time frame of
approximately 60 days will not only get the fields at the proper grading for
future use for soccer and lacrosse, but will also provide for installation of much
needed storm drainage improvements, and any storm drainage improvements
that are placed on the site now will be an advantage to the site regardless of
what its future use might be.
Council Member Lea stated that it was his understanding that nothing
was to be done to the site until the amphitheater study is completed next
month.
The City Manager responded that two studies are ongoing; the
amphitheater demand study was initiated approximately one to two years ago
when it was the Council's decision to separate the amphitheater issue from the
issue of high school football stadium needs; the matter was discussed with
Roanoke County and the County was in concurrence that a demand study
should be prepared; results of the study will be available in mid September,
206
however, the study is limited in scope, and is intended to determine whether or
not there is sufficient demand in the region for the development of an
amphitheater, size of the amphitheater based upon the demand, and a general
location. She added that the study will not address financial information such
as construction costs, operating costs and revenue opportunities, which is a
second phase of the study that would be triggered only if study results state
that there is sufficient demand to move to the next step.
The City Manager explained that at the July 3, 2006 Council meeting, City
staff was asked to complete a master plan for the Reserve Avenue area, and the
services of Leon Younger was engaged to prepare the master plan, a public
meeting is scheduled for August 31, 2006 to gather citizen input, a series of
focus groups will convene between September 19 and 21 to gather additional
information and feedback, and it is the intent of the consultant to present the
master plan for Reserve Avenue to the City by October 31, 2006. She further
explained that the work that is proposed at the Reserve Avenue site and the
work that is contemplated in the $388,000.00 contract amendment, would
include preparation of the land for soccer/lacrosse fields; if the contract is not
executed as soon as possible the work cannot be completed for another year,
the goal is to seed the fields in the fall so that the fields will be ready for actual
play in one year, and if the proposed schedule is not approved, the fall seeding
opportunity will be missed and the fields will be another year behind schedule.
The City Manager advised that the City has tried to secure additional land
for soccer fields for the last two years without success; therefore, it
corresponds with the City's Parks and Recreation and public needs to proceed
with playing fields at this time; however, no amenity is proposed that would
permanently determine future use of the site, inasmuch as there are no plans at
this time to install lighting or permanent concession stands or restroom
facilities. She stated that temporary facilities will be used until such time as
Council, with information from the Master Plan and the amphitheater study,
decides how the Reserve Avenue site is to be used on a permanent basis. She
added that it will be several years before facilities of any magnitude can be
constructed on the site; and in the meantime there are serious needs for
playing fields in the community, the topic under consideration is a small step
that would in no way commit the Council to any future action, but will provide
relief to the pressing needs for playing fields for Roanoke's youth.
Council Member Lea advised that he was reluctant to support the
recommendation of the City Manager based on the fact that the City appears to
be moving too fast, and given the fact that there needs to be a clear picture of
what is to be done with the Reserve Avenue site. Secondly, he expressed
reservations about using $338,000.00 for the playing fields when no
determination has been made with regard to additional funds for the two high
schools.
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Council Member Dowe advised that he shares some of the same concerns
as Mr. Lea inasmuch as the City could be putting the "cart before the horse" in
view of ongoing studies that have not been completed. He also spoke to the
timing issue and advised that constructing soccer fields is one thing, and there
is a concern that the City is losing the opportunity to bid on amateur soccer
tournaments, due to the lack of adequate facilities. If such is the case, he
stated that it makes sense to install soccer fields as expeditiously as possible,
but he would prefer to know that certain commitments have been made before
voting to support the playing fields.
The City Manager advised that over a two month time frame, 276
recreation league football games and 20 school games will be held on the same
two fields at River's Edge Sports Complex, and 266 soccer games will be played
on the other two fields which is an average of 127 games per field; and
according to Iowa State University field bearing capacity statistics, the average
games played per field should be no more than 25 games. She stated that the
City receives numerous complaints about the condit!on of playing fields due to
overuse, and in order to maintain the fields, they should be taken out of play on
a rotational basis, which the City cannot do at this time. She called attention to
ongoing discussions with Star Soccer which has access to grant funds that
would help the City to outfit fields if the physical space could be located, and
the City could lose the Star Soccer program if it does not at some point in the
near future create additional venues for the increasing soccer population. She
added that the City has only four multi-purpose fields at the present time at
River's Edge and one at Washington Park for soccer and football; and based
upon statistics, for a population the size of Roanoke, the City should have 20
soccer/football fields when, in reality, the City has a total of five, therefore, the
need clearly exists. She stated that as a region, the City of Roanoke is
becoming less competitive for these types of sporting events because it does
not have additional fields coming into play. She explained that the study that
created the idea of a stadium/amphitheater at the Orange Avenue site
suggested that the community could not support a stand alone amphitheater,
therefore, the hybrid model was selected because the facility had other uses, as
opposed to the eight or ten times a year that promoters estimated they could
bring events to the location; with the idea that Roanoke County was interested
in an amphitheater, as well as the proposed developer of Explore Park, it was
decided to engage in an amphitheater study and because that study was
underway, the Mayor and Vice-Mayor suggested that a Master Plan for Reserve
Avenue be completed on an expedited schedule. She advised that it is hoped
208
that a Master Plan for the Reserve Avenue area will trigger private sector
involvement and financial participation in development of the facilities; and I
while some Members of Council have expressed concern about costs associated
with the two high schools, she stated that there is also a need to address some
activities on a smaller scale that will benefit citizens on a community-wide and a
City-wide basis as an investment in the future.
Council Member Mason inquired if the multiple use fields can also be
used for football, is there a demand for football and baseball fields, and will
they provide an economic benefit to the City. She also inquired about the costs
associated with sodding and seeding of the playing fields.
The City Manager responded that sodding is estimated at $210,000.00,
therefore, the appropriation would be exceeded by about $20,000.00 based
upon the current available appropriation, and assuming that Council is
interested in moving the project forward, City staff has submitted a budget
request to the CMERP account that would cover the balance, or any other
miscellaneous activities related to the project, which do not include installation
of permanent lighting, curb and other kinds of amenities that would commit the
City to the site. She stated that from a Parks and Recreation perspective, soccer
fields are the most pressing demand; she referred to a Master Plan adopted by
Council in the spring of 2000 that articulated a number of recreational needs
for the City that included two multi-purpose recreation centers; because of the I
City's debt policy and finances, the multi-purpose recreational facility has been
moved out of the capital budget for the last three years because of other more
pressing needs; and unfortunately, with the needs of the community for
infrastructure, schools, etc., the City's recreational needs have been pushed
out. She stated that the multiple use fields could also be used for football.
Vice-Mayor Trinkle advised that a bolder vision is needed that can be
used community-wide and multi-generational to include athletic fields, a
potential amphitheater, greenways, a river walk, etc. He expressed concern with
regard to the irreversibility of constructing soccer fields with the potential of
not being able to make changes in the future, the substantial dollars that are
proposed to be invested for sodding, the master planning process, and any
effect on the Roanoke River Flood Reduction Plan.
The City Manager responded that it is not anticipated that location of the
playing fields would be affected by the flood reduction project and drainage
and other issues were taken into account as engineers designed the work.
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Vice-Mayor Trinkle inquired about the status of relocating other
stakeholders in the area such as the National Guard Armory, school facilities
and the City's Parks and Recreation facilities.
The City Manager responded that no official notice has been received, a
portion of Parks and Recreation staff is scheduled to move to Municipal North
within the next 12 months; Congressman Goodlatte has been requested to
assist in expediting the funding schedule so that the National Guard Armory
can move earlier than 2012; and the request to relocate the School operation
building will most likely involve a request for funds to assist in construction of
new facilities.
Following discussion with regard to the Reserve Avenue Study to be
prepared by Leon' Younger and input by the community, Vice-Mayor Trinkle
advised that while the City needs to use the land now, it is hoped that over the
next few months a master plan can be developed that will roll out as funds
become available over the next several years that will include amenities that are
attractive to all generations in the Roanoke Valley, including entertainment as
well as athletic events. He stated that he could support the motion on the floor,
but hopes that it is not the final end result. He added that the entire area
between Reserve Avenue and the Roanoke River offers multiple opportunities
for the Roanoke Valley.
Council Member Fitzpatrick advised that the City of Roanoke has let its
youth down significantly through the lack of facilities. He stated that it is an
economic development decision that is causing Roanoke to lose millions of
dollars because the City does not have the facilities to attract major athletic
tournaments that draw people from outside the Roanoke Valley to the City and
to generate additional tax revenue to maintain the facilities. He explained that
the playing fields will have no affect on the flood reduction plan because the
fields are not designed to be affected by the bench cut or the berm. He called
attention to the poor drainage on the south side of Reserve Avenue; therefore,
in reaching a decision today, Council is also addressing infrastructure that must
be put in place one way or the other. He stated that under consideration is a
request to spend approximately $380,000.00 to create playing fields that will
provide a place for thousands of children to use in approximately one year, the
City tore down a facility that has not been used for years, and it is now in a
position to create positive growth for its young people by providing the
opportunity to play sports on high quality fields. He added that it is an
infrastructure decision and not a permanent decision; therefore, he would
support the motion, which does not commit the City to any particular use at
this point in time.
210
Council Member Wishneff expressed concern that because Victory I
Stadium was torn down before the end of the high school football season,
Roanoke's high school students will travel Route 220, which is one of the most
dangerous roads in the Roanoke Valley, en route to Franklin County for Friday
night football games. He stated that construction of the proposed
soccer/lacrosse playing fields have a sense of permanency, and it has been
stated that 10-15 playing fields in the same location are needed in order to be
competitive in attracting tournaments, however, it is doubtful that 10-15 fields
can be accommodated on the land in question. He advised that he intended to
vote against the motion due to numerous unfunded commitments by the City
and he would prefer that no decisions be made until a permanent Master Plan
for Reserve Avenue has been reviewed by the Council.
The Mayor advised that the point should be made that the City does not
need to study its athletic field deficiencies because it is already known that
there are deficiencies in the City's softball, baseball, soccer, lacrosse, and
football playing fields. He stated that the other point that needs to be made is
that the area along the Roanoke River must be seeded anyway to address
sediment control issues. Therefore, he stated that it makes sense that if the
City plans to seed the area, why would the City not go to the extra effort to
grade and seed the area for multi-use athletic fields and allow the land, until
such time as there is some permanent use, to be used for recreational and I
athletic type activities. He called attention to various complaints expressed by
parents with regard to the condition of the current playing fields, and advised
that the City has an opportunity to improve conditions for next year's playing
season without doing anything that is considered to be a permanent use of the
Reserve Avenue property. He stated that the City has a vacant piece of property
that could provide immediate recreation and athletic use for Roanoke's youth
that could be developed for soccer leagues, lacrosse, and football, and will be
good for the overall community in light of certain deficiencies that have already
been identified in a number of studies.
There being no further discussion, Ordinance No. 37508-82106 was
adopted by the following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, and Mayor
H arri s - - - _nnn_ 00 _ _ _ _ _ _ n n. 00 _ _ _00_0000 _ _ _ _ _ _ _ 00 0000 00 _ _ _ _ 000000 _ _ 00 n _ _ _ _ _ _ _00000___._ - - - - - - 00 00 - - - - 00 00 noon 5 .
NAYS: Council Members Wishneff and Lea um_n.mnmmmmmmmunnn2.
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Mr. Dowe offered the following ordinance:
(#37509-082106) AN ORDINANCE authorizing the City Manager's
issuance of a Change Order to the City's contract with S. B. Cox, Incorporated,
for changes in connection with the work on the demolition of Victory Stadium;
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 485.)
Mr. Dowe moved the adoption of Ordinance No. 37509-82106. The
motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, and Mayor
H arr i s -- - 0000 - - 0000 00 .n_ - - - --00 00 _ _ _ _ 0000 _.. _ 000000_ - - - - 0000.00_ 00 0000 _ _ _ _ _ _ 0000 _ _ _._ 00__00 _ _ 000000 _ _ _00000 _0000_ 5 .
NAYS: Council Members Wishneff and Lea m._nm_mm_muunmn_numm2.
DIRECTOR OF FINANCE:
AUDITS-FINANCIAL REPORTS: The Deputy Director of Finance presented
the Fiscal Year 2006 Unaudited Financial Report for the City of Roanoke,
advising that the revenue estimate from all sources was $228,464,008.00,
while actual collections totaled $232,606,174.00, and General Fund revenues
exceeded the estimate by 1.8%, or $4,142,166.00.
She reviewed the following power point presentation:
212
General Fund Revenues
I
FY2006
FY2005 Actui11 FY200e % Budget
Actual (Unaudited) SVariance % Variance Dudgel Collc::t!:!d
---
Geronll ,
prorr.rtyTall $IP,1tl:.t,i:;!:; $1l6,·,·17,;:;':¡ $5.::!t.7,55i 6.S:!. sa::;.;:~o,~O 1014%
01:I~rloc;¡1 I
e4,5::!9.~?,' (,ff,812,:60 5.i!7S,9S3 I 82% C;SOO1,OOO 1061%
T¡l'"
.---
Porm:!!', .=seS 1:;.2~~ ~.û69.(·:;J 137."1~;,
& ~ ico::m;c!'. 1.~;5.C:~f:ì 1..:f,9.nTS 1 ";j.!I ~!.!
r-l:lCr,& 1.254.0::>0 1~
J.:O:1<l,:ur'Õ!s 1,354,ï75 1 .~.-:.~ .566 e~'.;(H 6.G'%
.---"
Inll(?!.'!r~:l!1I1 ard n2,OOC I 202.6""-
H~nli:llhcom(! 796,óf!e ·,,·1!;2,S39 666 15~ , tl:i.Ç,":-, I
l3'fln~s-in-A;d ':.2"; (,2,113.026 97.:><':'
'::0m~on\Yei.l¡Ul ');.9·:2.157 t-1\:'i···.'.·62 <.4("4,"';0:;
(lr,,"ltHI"·f,-t1 lQ2Cr.;,
Fcoor'.ll :lb,;iO 35,7G8 ::::\ 1.0.OC.;,ì ::8,::00 :::.::-
--- -
(;11~.rge51( r 13ì543~) ;·1.3~.,} 6,913.R:iO ·%.6~
8,'32.0:;6 ~.J':9.õ>n6
Sl<:·,il;¡;~ --- ._-
e---
Ir.lerr.o 2.e;¿2,I!:1~ 90.7%
SC·...it·us 2J(¡'.!jj1 2.735,455 r.03.'::ß~ lë.!J%
Trarl!;fp.rsfr::--
QlherF'uwJs 15.501.676 ;15,:;./J1H;'û\ (1CC.O"") --~
.-'-'-.- ':"-2,065 (15;.7:::;') ¡2~ 6>':'~ JtI4,OCC :,5.17;,
Mi1'.(.HI;¡noc,L.I5 58::a,7P,¡;
TN..I $ 234,:;::;!;.2!f<! i S232.t,06.17<: ($ ~ 74g.1:'C) ::l;"'.¡,¡ ;;:;:i.l,4f,':'.OOO ,1)1 ~o..,
General Fund Local Tax Revenues
I
I FY 2006
I FY 2005 Actual FY 2006 % Budget
Actual , (UMudrtcd) $ Variance "".. Variance Budget Collected
ROdl r:slalL1 Tux $: 59:1 42,~7? S 64,37a,685 S ·1,935,713 8.3'~~ $ 6".,O~~ 1-- 1DO.6'-;<.
P':lrsQnal , 732.97?
Proper1y Tax 16.357,·183 1ï,Q90,45fi 4.5~'; ~.5,515,9t,O 110.P;'
---
Pub:lc Service ,
T"'- 3,86~4~ 3431976 -' (.;~~ (11.3<,:,) 4.236,000 -~~
----'----'-- ---
SUIŒ. Tax 1:~.6f:.:1,577 20.f:i3/ ,37f:i ;n3.799 S.C% ·.!)"'~oUol.O?0.L ._ 107..:~
-
Uhli:yTnl'. ~::¡,349.r'39 13,2~"'1.48( , (i14,551; (V.~-;") 13,::IOO.QOa ' 99.5%
- -- __n_ -I- ---d
Busb(!ss
Ut'~¡qse Tax 11 ,84~.73t. ~2,83:1,280 ·,01,9..546 11,570.000 11·A":·...
- -----
P~epare::l FOM
Tax 7,'j95.fi5"\ , HJ.ß35,hi4 2.ß40.'34-3 33.0'~·", \(;:2.;')~.OùD 1()3.3~/::'
-- -
¡':mnchise & I
BanK S:ncl\ To): 2,616,492 2,i62,581 i 1-16.089 ---~~- ;'.589.000 106.7.....
Transie'lt 2,250,2~9 !
~oorn Ta~_ 2,529,1)':'5 27'3,395 12.4% 2.250.000 I 112.4%
0-- 1.869-""81
CIgaretlè T ùX 2,13::,150 243.732 !2.9}, 1 :800,00C 11O.5~·~
-- 6,46 ~ .225 ! ---
All Other Local
TAxes 6,5:.'1;',;26 70,9(11 1.1<1<> 6,343,000 103.ü%
"olal 5 145.738,158 S 156,259.658 S ~O.s21 ,501 i.2<¡:' S 151,0·17.~40 10:.3.5%
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213
General Fund Expenditures and Encumbrances
FY 2005 [FY 2006 Actual
Actual --I" (Unlluditcd) S Varlanco % Vari::mœ
-- --------------_.-
J
$1IÞ05.S0r~\ S 12,179,'3~ :» en.a:!!;
6.551,4~:3 ¡ 7,061,[,1(:' --:;'10;)£1<\ !
-'-'-+-- - I
5~',no.1171 56.ßi:-?!J~~· 4,;J..<;B,!.I5J:1
23,127,093 i ?).54?~~~___.:2!~:~. '-~~f--' :::3,60ì.·~~___ 9~_.~:¡,_
32.374,'C:~ 1 _..:2,e.5;.13·.~'j \ ..' ~8:>.,73;o. ,
I
9.S~2,1:I12 1,~61.:l45 ì
I
21,1,í42 i
Cìeneräl
G~W~:T1r!11?111
JJdlci<l1
AdmirH:-=lr,:¡lio:n
PubiicSA.f=)ty
PI,hEcW:>rks
Hca':t!æ,d
Wp.I1;.VE!
i'ól,ksnn::!
R~,·tJ':1,iori
8,561.826
Currlmun:1y
O~NeÌC'l?:TII'::n~
:'i,!'i29.454
5,770.596
Transferlr; Debt
Scrv:C(! ru~Cl 15.5rJ9,~182
T~;.II'.s~t'11n
School Fund!'; 52.6"/6.2~·9
17,Afl2.7t17 i:!,3:13.ï05 \
-_.-
35,"/8!l,73fJ ~I.~ 1:~,451 \
NOI',d~pf\.rt·
mcr,!al 10.f,jH7.fGO
8.992.963 (1594.697)
'b 2~1 ~'3U47 'S 1~,~42,314
rola! $ 2VJ,·,'j2,S~~<'
I
FY 2006
Budget
~¡, Budget
ObligDlcd
-.-
5.'Y.';'
S \2..3H\,4f,1
'; B.!:l~';'
7.E'::;'
7 Q63.1)~8
98.7'.:"
7.7·"<f.
57,101,':;70
:Jg.~:¡%
4.Ci~\. ;
:V,.'JÖ~!.4~
Hô.3':~
l-1.i~1,.
9.874,250
~9.5~~
· .4':'~
5.611,417
gq.3~¡,
I
r::.~ 17,a62.ïf!R
5.~ 55. 7ag, 7:.::0
(15 1~'~J ¡ ~l,2:{~.21¿
5.e.~;.,1- $ 23~~.B6·1-, 137
10~~
100.no"l"
97.2~"o
93 ú~~
General Fund Balance
. Budget Stabilization Reserve - $17.0 million
· Maintained as a funding source for emergencies or
unforeseen declines in revenues.
· Supported by the Budget Stabilization Reserve policy
adopted in April 2005.
· Reserve required to be maintained at a level between 5%
and 8% of the adopted expenditure budget for the current
fiscal year.
· June 30th 2006 reserve 7.1% General Fund budget.
. Reserve for Uninsured Claims - $250,000
· Transferred to the Risk Management Fund in the subsequent
year to fund self-insured liabilities.
· Reserve target is 3% of the General Fund budget.
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'-----" ..--
;
... General Fund Balance
'" <"'r, Continued
. '"". i-
t "', '. Reserve for Encumbra~~~s - $1.2 million
, . Necessary to fund purchase orders from June 30th
that will be paid in the upcoming fiscal year.
I
. Undesignated Fund Balance - $4.8 million
· Remaining fund balance after other components
· Shared with the Schools using the same formula
through which local tax revenues are shared
(approximately 36% of local taxes in excess of estimates).
. City share $2.9 million, School share $1.9 million
· Available for appropriation by City Council.
Traditionally used to fund capital equipment and
maintenance needs.
"
,
I
4 School Fund B~~~~ce
· Reserve for Uninsured Claims - $350,000
· Reserve for Encumbrances - $1.1 million
· Necessary to liquidate purchase orders from June
30th that will be paid in the upcoming fiscal year.
· Undesignated Fund Balance - $138,513
· Remaining fund balance after other components
· Similar to the City, it is available for appropriation by City
Council and is traditionally used for capital equipment
I
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}i!ii, Civic Facilities Fund
:"'~:i.~~ .
L
· Annual budget of $5.9 million
· FY06 operating loss $1.9 million
· Transfers of $1.9 million from the General
Fund in FY06
. $ 252,000 for Victory Stadium
. $ 1.6 million for the Civic Center
· Net income of $ 26,000 in FY06 an
improvement to FY05 which had very small
net income ($ 410).
215
I
" ~i¡fii; . Parking Fund
-",...,. 9.:
I
· Operates six garages and numerous surface lots.
· Annual budget of $2.7 million.
· Operating income of $981,000 in FY06 represents
growth over FY05 operating income of $921,000.
· Net income of $825,000 in FY06 also an increase
compared to net income of $673,000 in FY05.
· Net income of the fund is generating working capital
to cash-fund maintenance and facility improvements.
· Revenues in excess of expenses will be allocated to
debt service on bonds issued to finance additional
parking garages.
216
r--i,
. '4 Market Building ~und .
· Annual budget of $322,000.
· FY06 operating loss of $85,000 an improvement to
the FY05 operating loss of $197,000. FY05 expenses
included some non-recurring repair costs.
· General Fund subsidy of $77,700, other non-
operating revenues offset the current year operating
loss.
· Fund received a capital contribution of $1.7 million
from the completion of the Market Building
Improvement project which was funded by the
General Fund.
I
The Mayor advised that the presentation would be received and filed.
REPORTS OF COMMITTEES:
I
SCHOOLS: The Roanoke City School Board submitted a written report
advising that as the result of official action at its meeting on August 8, 2006,
the School Board approved a resolution to participate in the VPSA School
Financing Bonds (1997 Resolution) Series 2006-B program; proceeds of the
bond issue will be used in lieu of the Literary Fund Loan approved by the City
for the Monterey Elementary School project: the School Board will pay the debt
service on the VPSA School Financing Bonds; and use of the bond issue provides
that:
. The debt will not count against the $20 million Literary Fund loan debt
ceiling for the locality.
. The first debt service payment will not be due until the 2007-2008 fiscal
year.
It was further advised that under the Public Finance Act, a public hearing
on the issuance of VPSA bonds for Monterey Elementary School must be held
before bonds may be issued; accordingly, the School Board requests that
Council authorize a public hearing to be held on Monday, September 18, 2006,
at 7:00 p.m., on the issuance of bonds.
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217
The Director of Finance submitted a written report in connection with the
above request.
He further advised that authorization for issuance of up to $2.1 million in
VPSA bonds is requested; Council has previously authorized the School Board to
apply for a Literary Fund loan in the amount of $2 million, and Council also
appropriated the same to a project account in the School Capital Projects Fund;
the amount of potential issuance has been increased to $2.1 million to
anticipate the possibility that the bonds would be issued at a discount; if this
were to occur, proceeds in the amount of $2 million would. still be needed,
therefore, the requested issuance amount has been increased to accommodate
this potential; and the change will not have an impact on debt capacity and
limits under the City's debt policies.
The Director of Finance recommended that Council concur in the request
of the School Board to conduct the necessary public hearing on September 18
as required for participation in the VPSA bond issue.
Council Member Mason moved that Council concur in the request of the
School Board and that Council authorize a public hearing to be held on Monday,
September 18, 2006, at 7:00 p.m., in the City Council Chamber. The motion
was seconded by Council Member Dowe and adopted.
SCHOOLS: The Roanoke City School Board submitted a written report
requesting that Council approve a State Literary Fund loan application in the
amount of $7.5 million for improvements to William Fleming High School,
advising that the loan application includes a resolution for architectural
supervision; and debt service on the loan will increase the Board's debt service
expenditure by $600,000.00 commencing in FY2008-09, but no debt service
liability is incurred until funds are drawn against the loan account.
The Director of Finance submitted a written report in connection with the
request advising that the William Fleming High School construction project is
included in the City's adopted Capital Improvement Program; the project will
begin in the summer of 2007 and should conclude in the summer of 201 0; debt
issuance is planned by the City in FY08 and FY09; the Literary Fund loan is
currently included in the City's planned debt issuance schedule for issuance in
FY09 with debt service commencing in FY10; application for the Literary Fund
loan should be made now so that the Schools can get on the waiting list for
funding; it is anticipated that the ultimate timing of issuance will remain
consistent with original plans whereby debt service will likely begin in FY10;
debt service on the loan will be funded by the Schools; and the School system is
prepared to cover interim cash flow needs until that time when debt issuance
takes place.
218
The Director of Finance recommended that Council concur in the request I
of the School Board, adopt a resolution approving the State Literary Fund loan
application and adopt a resolution declaring the City's intent to reimburse itself
using the proceeds of the debt for any expenditures incurred prior to issuance.
Council Member Fitzpatrick offered the following resolution:
(#37510-082106) A RESOLUTION authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary Fund for
adding to and modernizing William Fleming High School.
(For full text of resolution, see Resolution Book No. 70, Page 486.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37510-
082106. The motion was seconded by Council Member Dowe.
Council Member Wishneff inquired if the School Board has made a
decision with regard to a construction management firm; whereupon,
Kenneth F. Mundy, Executive Director of Fiscal Services, Roanoke City Schools,
advised that the School Board has made the decision through the Request for
Proposal process to retain a construction manager.
I
Council Member Wishneff referred to an e-mail from the City Attorney in
which he stated that the construction manager has zero responsibility for costs.
He expressed concern that the school system is constructing a $50-$60 million
project, and the construction manager has no liability, and stated that he was
not familiar with any locality where such a large amount of money is expended
without competitively bidding the project.
Bernard J. Godek, Associate Superintendent for Management, Roanoke
City Public Schools, advised the School Board chose through a Request for
Proposal process to select a construction management company and an
architectural firm. He explained that the construction management company is
responsible for estimating and preparing the construction budget, any changes
to the construction budget based on factors that arise during construction,
preparing bid packages, and providing assistance to bid out the different
phases or portions of the work that goes into the project. He added that past
experience with the Patrick Henry High School project proved that competitively
bidding each individual item of construction was advantageous, and advised
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219
that if one looks at the cost to construct Patrick Henry High School compared to
the six - eight other high schools that were under construction in the State of
Virginia during the same period of time, Patrick Henry was the least expensive
of the high schools to construct. He gave the assurance that the same process,
along with those lessons that were learned during construction of Patrick Henry
High School, will be beneficial in the construction of William Fleming High
School.
Council Member Wishneff reiterated his concern that the construction
manager for a $ 50 - $60 million project has no responsibility for costs;
whereupon, the Mayor advised that the topic under discussion was not
germaine to the resolution on the floor and suggested that Mr. Wishneff's
concerns be addressed at a joint meeting of the Council and the School Board
to be held on Tuesday, September 5, 2006.
At the September 5 joint meeting of Council and the School Board,
Council Member Fitzpatrick suggested that the School Board present
information with regard to any lessons that were learned as a result of Patrick
Henry High School construction that can be applied to William Fleming High
School construction; and whether the construction management process can be
identified as the reason that the school system saved money through
competitive bidding on each individual item.
There being no further discussion, Resolution No. 37510-082106 was
adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s ____________n_u__u_____________n_n___u__u__________00n_d__u__u____000--.000000--7 .
NAYS: No n e _____00_______________00_____00___________.. ____0000__0000_______00_____.__00000000_____0.
BUDGET-SCHOOLS: The Roanoke City School Board submitted a written
report requesting that Council appropriate $7,500,000.00 in Literary Fund loan
funds to provide for a portion of the cost of construction for the new William
Fleming High School.
The Director of Finance submitted a written report advising that the
application for Literary Loan Funds is planned for this fall to ensure that the
Schools are placed on the waiting list at an appropriate time; and appropriation
of funds will enable the Schools to proceed with initial stages of the project,
such as contracting for construction management services, additional
architectural design services and other planning.
220
The Director of Finance recommended that Council concur in the request I
of the School Board.
Council Member Fitzpatrick offered the following budget ordinance:
(#37511-082106) AN ORDINANCE to appropriate Literary Loan Funds for
renovation of the William Fleming High School, amending and reordaining
certain sections of the 2006-2007 School Capital Projects Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 487.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7511-
082106. The motion was seconded by Vice-Mayor Trinkle.
Council Member Wishneff inquired as to the total contract amount for the
architect and the construction manager for the William Fleming High School
project; whereupon, Mr. Mundy and Mr. Godek advised that they did not have
the information readily available and would provide the information to the City
Clerk's Office on Tuesday, August 22,2006.
The City Manager clarified that Council is in the unique position of I
making the ultimate decision with regard to the amount of funds that will be
appropriated through whatever the source(s), therefore, Council's discussion
should and could promote better understanding on the level of funding that the
Council wishes to commit and it then becomes the responsibility of the School
Board and the City administration to live within funding limits and to determine
how best to expend funds.
Ordinance No.3 7511-082106 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea and Mayor
H a r ri s - - - -- __n_.____ -- - - ___00 -. ___0000_ - - - - - - - - --- ____00 00 00._ - - - - ---- 00 - - -- _00_.__ _ _ _ _ _ _ ____00 00 00 - - -. -- -- ---- -6 .
NAYS: Council Member Wishneff m___nmn.m___________nnn_____________n_mmn 1.
Council Member Fitzpatrick offered the following resolution:
(#37512-082106) A RESOLUTION authorizing the School Board for the
City of Roanoke to expend funds for constructing new school buildings at
William Fleming High School and declaring the City's intent to borrow to fund or
reimburse such expenditures.
(For full text of resolution, see Resolution Book No. 70, Page 488.)
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221
Council Member Fitzpatrick moved the adoption of Resolution No.3 7512-
082106. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea and Mayor
H a r ri s 00- - uu - - - - -_ 00'_ - 00 -00- -- - - ._00 _ _ _nn_ - - - 0000 _ _ _ _ 00 00 n _ _ 00_____00_ 00 n_nn_. _00_ _ _ 0000 - - - - _ _ _0000_.006.
NAYS: Council Member Wishneffumm-nn-mmnmum-mm---mnnmumml.
BUDGET-SCHOOLS: A report of the Roanoke City School Board requesting
that Council appropriate the following funds, was before the body:
·
$84,997.00 for the Governor's School program to provide instruction in
science and math to high school students, said continuing program to be
supported by State funds and tuition collected from participating school
districts.
$101,844.00 for the Fallon Park 21" Century Community Learning Center,
to address the critical attendance, academic, and parental involvement
needs of the community in a safe, supervised, and nurturing
environment, said new program to be 1 00 per cent reimbursed by Federal
funds.
$101,844.00 for the Westside 21" Century Community Learning Center to
address the critical attendance, academic, and parental involvement
needs of the community in a safe, supervised, and nurturing
environment, said new program to be 1 00 per cent reimbursed by Federal
funds.
$406,524.00 for the Perkins Act program to provide funds for vocational
equipment and training, said continuing program to be 1 00 per cent
reimbursed by Federal funds.
$24,221.00 for Adult Education in the Jail program to provide funds to be
used for instruction to inmates in the Roanoke City Jail to aid in
acquisition of the GED certificate, said continuing program to be
reimbursed by Federal funds and fees.
$34,500.00 for the Roanoke City Leadership and Resilience program to
provide family service training for Roanoke City Public School staff, said
new program to be 100 per cent reimbursed by Federal funds.
·
·
·
·
·
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
222
Council Member Fitzpatrick offered the following budget ordinance:
(#37513-082106) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments as well as from fees to support
various school grants and programs, amending and reordaining certain sections
of the 2006-2007 School Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 489.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7513-
082106. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayor Harris _nnn_mu.uuUnnnu_____________u____nn___uuuu______nn__uu_.____unn7.
NAYS: No n e ______0000________00__00000000.000000___0000 ___0000_00.__0000000000___00_0000 00000------0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGMENT-YOUTH-SCHOOLS: Council Member Lea
expressed appreciation to the Members of Council and to the City Manager for
their support of the Western Virginia Education Classic to be held on August 31,
2006, at Liberty University.
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.
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223
COMPLAINTS: Mr. Robert A. Gravely, 727 29'h Street, N. W., presented an
apology to the Mayor, Members of Council, citizens of Roanoke and City
employees in connection with remarks that he made at previous City Council
meetings. He questioned how the City of Roanoke can continue to progress if it
does not repair the damage that has already been done to the City in general,
to the community and to City employees. He stated that for the healing process
to begin, Council must work to repair the damage that has already been done
by regaining the trust of the people; people must be treated with respect
regardless of their position and Roanoke's historic landmarks and infrastructure
must be maintained. He added that the earning power of the average citizen
should be increased so that they can afford to purchase a house; and
entertainment venues in Roanoke will not be supported because the average
person cannot afford the price of a ticket.
CITY MANAGER COMMENTS:
HOUSING/AUTHORITY: The City Manager called attention to the ribbon
cutting ceremony for the Colonial Green project which was held on Friday,
August 18, 2006, that will result in outstanding housing opportunities for the
citizens of Roanoke.
PARKS AND RECREATION: The City Manager advised that following
additional repairs, the Mill Mountain Star will be illuminated in approximately
one week.
POLICE DEPARTMENT: The City Manager reported that within the past
hour, Montgomery County/Town of Blacksburg police officers arrested an
individual who was involved with the death of law enforcement officers in the
area. She stated that the arrest occurred 30-45 minutes before ten police
officers from Roanoke with canines were dispatched. She advised that this is
another example of cooperation among law enforcement agencies in the
Roanoke Valley.
At 5:00 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C.
Taylor Municipal Building.
224
At 7:00 p.m., on Monday, August 21, 2006, the Council meeting I
reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor
David B. Trinkle presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwendolyn W. Mason, Brian J. Wishneff (arrived late), and Vice-
Mayo r Davi dB. T ri n k I e ________m_n___um_____________hn______umu__._______hn________m_nm6.
ABSENT: Mayor C. Nelson Harris uh_m____.um__nm_.umnnn_________mm____l .
OFFICERS PRESENT:
Hackworth, City Attorney;
Mary F. Parker, City Clerk.
Darlene L. Burcham, City Manager; William M.
Ann H. Shawver, Deputy Director of Finance; and
The invocation was delivered by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Trinkle.
PUBLIC HEARINGS:
I
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Mr. and Mrs. Aaron W. Athey that a
portion of an alleyway located off of Arbutus Avenue, S. E., running between
lots located at 716 and 724 Arbutus Avenue, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 4, 2006, and on Friday, August 11, 2006.
The City Planning Commission submitted a written report advising that
the petitioners own one of the adjoining properties: 716 Arbutus Avenue; and
the owner of the other adjoining property at 724 Arbutus Avenue has agreed to
allow the petitioners to acquire the entire portion of the alley in the request.
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225
The City Planning Commission recommended approval of the request
subject to certain conditions as more fully set forth in the report and that the
petitioners not be charged for the alley.
Council Member Dowe offered the following ordinance:
(#37514-082106) AN ORDINANCE permanently vacating, discontinuing
and closing a portion of an alleyway and certain public rights-of-way in the City
of Roanoke, as more particularly described hereinafter; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 492.)
Council Member Dowe moved the adoption of Ordinance No. 37514-
082106. The motion was seconded by Council Member Mason.
Mr. and Mrs. Aaron W. Athey, petitioners, appeared before Council in
support of their request.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7514-082106 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, and Vice-Mayor
T ri n k I e ____00_.nn_n_n_n___________u______________._.nnnnnn___nn____00_________._________.00_000000 5.
NAYS: No n e __00_00__00___________________.._.00000000_00_____00__00___________________000000---00-0.
(Mayor Harris was absent and Council Member Wishneff was not present when
the vote was recorded.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Pheasant Ridge Condominiums II, LLC, Dalton
Place, LLC, A & J Holdings, Inc., Integra Investments, LLC, Van Winkle, LLC,
Pheasant Ridge Real Estate Holdings, LLC, and Pheasant Ridge Office Building,
LLC, that certain proffered conditions on property located on Pheasant Ridge
Road, S. W., be repealed and that such property be rezoned from MX, Mixed
Use District, to MXPUD, Mixed Use Planned Unit Development District; that
properties located on Griffin Road, S. W., be rezoned from R-7, Residential
226
Single Family District, to MXPUD, Mixed Use Planned Unit Development District;
that the portion of Granger Road, S. W., right-of·way containing 0.293 acre, I
which is the subject of a petition to close and vacate such right-of-way, be
rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use
Planned Unit Development District; and that a portion of property on Pheasant
Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD, Mixed
Use Planned Unit Development District, to complete the mixture of living unit
options in the Pheasant Ridge community and to allow residential uses and
related amenities and uses, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 4, 2006, and on Friday, August 11, 2006.
The City Planning Commission submitted a written report advising that
the petitioner owns 12 parcels of land located in the Southern Hills
neighborhood between Griffin Road, Van Winkle Road and Pheasant Ridge Road;
the properties comprise of approximately 11.50 acres that are proposed for
development as part of the Pheasant Ridge Development; the petitioner has
requested the repeal of proffered conditions and to rezone one parcel, rezone
10 parcels, and combine a vacated portion of City of Roanoke right-of-way with
one of the rezoned parcels; and the process will permit development of
condominiums geared toward elderly residents and a future wellness center.
The City Planning Commission recommended that Council approve the
request for rezoning advising that the Commission found that the proposed
development is consistent with comprehensive and neighborhood plan policies
by virtue of the proposed use and by locating buildings close to the street, de-
emphasizing parking areas, and providing an appropriately-sized street.
I
Council Member Mason offered the following ordinance:
(#37515-082106) AN ORDINANCE to amend §36.2-1 00, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by repealing Ordinance No.
36883-101804, to the extent such ordinance placed certain conditions on a
portion of Official Tax No. 5460124 located on Pheasant Ridge Road, S. W., and
rezoning such property from MX, Mixed Use District, to MXPUD, Mixed Use
Planned Unit Development District; that properties bearing Official Tax Nos.
5470207, 5470301 through 5470308, inclusive, located on Griffin Road, S. W.,
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be rezoned from R-7, Residential Single Family District, to MXPUD, Mixed Use
Planned Unit Development District; that the portion of Granger Road, S. W.,
right-of-way containing 0.293 acre, which was vacated, discontinued and closed
by Ordinance No. 37484-071706, be rezoned from R-7, Residential Single
Family District, to MXPUD, Mixed Use Planned Unit Development District; and
that a 0.108 acre portion of property bearing Official Tax No. 5470130, on
Pheasant Ridge Road, S. W., be rezoned from MX, Mixed Use District, to MXPUD,
Mixed Use Planned Unit Development District; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 494.)
Council Member Mason moved the adoption of Ordinance No. 37515-
082106. The motion was seconded by Council Member Dowe.
William W. Terry, III, Attorney, appeared before Council in support of the
request of his clients.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Mr. Terry L. Edwards, 4437 Van Winkle Road, S. W., requested a 50 foot
buffer around his property.
R. Brian Townsend, Agent to the City Planning Commission, advised that
the 50 foot buffer that currently exists with regard to Lots 9 and 10 which are
owned by Mr. Edwards will not be affected and there will be more than 50 feet
to the closest building to be developed under the petition before the Council.
There being no questions or comments by Council, Ordinance NO.3 7515·
082106 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Wishneff and
Vi ce-M ayo r T ri n k Ie -n-.__umuu___nnn___u________um___n_uu__u__uuu______uu_u____uun6.
NAYS: Non e ---------000000------ - - __00__00_0000__________0000__000000.____________00____________ ---0.
(Mayor Harris was absent.)
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ZONING: Pursuant to Resolution No. 25523 adopted by the Council on I
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Mr. and Mrs. Charles C. Duncan, Jr., that
property located at 1682 Monterey Road, N. E., be rezoned from R-5, Single
Family Residential District, to RMF, Residential Multifamily District, subject to a
condition that use of the property will be limited to a congregate home for the
elderly with no more than eight unrelated residents, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 4, 2006, and on Friday, August 11, 2006.
The City Planning Commission submitted a written report advising that
the petitioner owns and operates a congregate home for the elderly on property
located at 1682 Monterey Road, N. E., and requests that the property be
rezoned from R-5, Residential Single Family District, to RMF, Residential Multi-
family District, subject to conditions, to allow continued operation of the facility
as a congregate home for the elderly.
The City Planning Commission recommended that Council approve the
request for rezoning, finding that the petition to rezone the property is I
appropriate based on the current scale of the operation; the proffered condition
limits the use of the property to a congregate home for the elderly with no
more than eight unrelated residents, as it has been used for the past ten years;
and this condition is a key consideration in maintaining a residential scale
consistent with the intent of the neighborhood plan and the Comprehensive
Plan.
Council Member Dowe offered the following ordinance:
(#37516-082106) AN ORDINANCE to amend §36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain property
within the City, subject to a certain condition proffered by the applicant; and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, Page 497.)
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Council Member Dowe moved the adoption of Ordinance No. 37516-
082106. The motion was seconded by Council Member Mason.
Charles C. Duncan, Jr., Spokesperson, appeared before Council in support
of the request.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7516-082106 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Wishneff and
Vi ce- Mayo r T ri n kl e __._n_n__uu_u___un_n___uu000u____n______uu_uu___00_nn_____uu______n6.
NAYS: Non e ____________0000__00_________._____0000____________.0000_______0000_-------0000----------0.
(Mayor Harris was absent.)
ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing for
Monday, August 21, 2006, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the proposal of the City of Roanoke to amend Vision 200 I·
2020, the City's ComprehenSive Plan, to include the Greater Deyerle
Neighborhood Plan, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 4, 2006, and on Friday, August 11, 2006.
The City Planning Commission submitted a written report recommending
that Council approve the Greater Deyerle Neighborhood Plan for adoption as a
component of Vision 2001-2020, and repeal the 1990 plan for the Greater
Deyerle neighborhood.
Council Member Dowe offered the following ordinance:
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(#37517-082106) AN ORDINANCE amending Vision 2001-2020, the I
City's Comprehensive Plan, to include the Greater Deyerle Neighborhood Plan,
such plan containing six priority initiatives: zoning; residential development,
including the development of housing clusters; transportation, including
maintaining the residential character of the neighborhood streets; stormwater
management; pedestrian amenities, including sidewalks, greenways or trails;
and public park facilities; repealing the 1990 plan previously adopted for the
Greater Deyerle Neighborhood; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 498.)
Council Member Dowe moved the adoption of Ordinance No. 37517-
082106. The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the matter. There being none, he declared the public
hearing closed.
Council Member Lea inquired about an e-mail from Ms. Alice Hincker
stating that City staff should fulfill its responsibilities to residents of the I
Greater Deyerle Neighborhood; whereupon, R. Brian Townsend, Agent to the
City Planning Commission, advised that three neighborhood meetings were
held during the process; and Ms. Hincker's e-mail alludes to the first
neighborhood meeting which was held on March 21, with regard to two private
lakes and two private dams in the Greater Deyerle neighborhood. He stated
that when preparing neighborhood plans, staff takes into consideration a
consensus among the neighborhood and attempts to identify those issues that
residents as a collective group, request the City to address. He added that to
the best of his knowledge, no comments were received by the City Planning
Commission as a part of its public hearing with regard to the issue of the two
private dams.
Upon question, Mr. Townsend advised that the neighborhood planning
process was completed in October 2005 and all neighborhoods have
neighborhood plans that were adopted either after 2001 or prior thereto, and
the goal for calendar year 2006 is to complete the revision of the three
neighborhood plans that predated the City's Comprehensive Plan, with work to
begin on the Raleigh Court Neighborhood Plan next, to be followed by the
South Roanoke Plan.
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There being no further comments or questions by the Members of
Council, Ordinance No.3 7517-082106 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Wishneff and
Vi ce - Mayo r Tri n k I e n__u_000 mum muu__u___nnnmnu..nnuuu___muuu__uumuu___u_6.
NAYS: Non e _000______0000__________________________00________0000_____000000_____0000__------------0.
(Mayor Harris was absent.)
ROANOKE CIVIC CENTER-LEASES: Pursuant to instructions by the Council,
the City Clerk having advertised a public hearing for Monday, August 21, 2006,
at 7:00 p.m., or as soon thereaher as the matter may be heard, on a proposal
of the City of Roanoke to lease 2,688.1 square feet of space within the Roanoke
Civic Center Annex, for a term of five years, and an additional 2,459 square feet
of space should it become available, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 11, 2006.
The City Manager submitted a communication advising that the City of
Roanoke Civic Center Annex was completed in 2003; the NBDL Roanoke Dazzle
and the Roanoke Valley Vipers utilized the third level for office space, which
was included in the respective License Agreements with the City through May
2006; both sports groups vacated the offices by June 2006 following the
demise of their teams; and at present, there is a total of 5,147.1 square feet of
office and common use space available.
It was further advised that WSET, Incorporated, has submitted a Letter of
Intent for a proposed five-year lease of office and studio space, at a proposed
initial base rent of $36,000.00 for the first year of the term, subject to a three
per cent increase annually for the remainder of the term; the amount of space
requested is 2,688.1 square feet, not including common use areas; the
remaining 2,459 square feet of space may be offered to the tenant or converted
for internal use; and should WSET, Incorporated, decide to lease the additional
space from the City, the lease would be coterminous with and upon the same
terms and conditions as the proposed main lease.
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The City Manager recommended that Council authorize the lease of I
2,688.1 square feet of the above referenced facility and that the City Manager
be authorized to proceed with the process to execute a five-year Lease
Agreement with WSET, Incorporated, and to further authorize the future lease of
additional space, upon the same terms and conditions, to WSET, Incorporated,
should they desire to lease the space, said lease to be approved by the City
Attorney.
Council Member Dowe offered the following ordinance:
(#37518-082106) AN ORDINANCE authorizing the lease of 2,688 square
feet of space located within City-owned property located in the Roanoke Civic
Center Annex, for a term of five (5) years; authorizing the lease of an additional
2,459 square feet of space should such space become available; and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, Page 500.)
Council Member Dowe moved the adoption of Ordinance No. 37518-
082106. The motion was seconded by Council Member Lea.
The Vice-Mayor inquired if there were persons present who would like to I
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37518-082106 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Wishneff and
Vi ce- Mayo r T ri n k I e _..__n_oou___uumuuuuuuuuoooo_nn_oooo__oooounuoooo_oouu_u_oo_oooou6.
NAYS: None _____0000_000000000 00000000000._0000_0000_000000____00000000000 - - oonoouuoonnnnn_O.
(Mayor Harris was absent.)
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A petition filed by Marian M. AIi,
appealing a decision of the Architectural Review Board with regard to
installation of vinyl soffits on a structure located at 431 Elm Avenue, S. W., was
before Council.
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Ms. AIi advised that:
·
The house at 431 Elm Avenue was deeded to her in December 2005 and
was used as a place of business from 1977 to 1993 and in 1972, the
house was vacated with minimal upkeep since that time.
New windows were installed in February 2006 to replace wooden
windows that were painted with lead paint; on March 9 vinyl soffit was
purchased to replace the existing aluminum; and on March 22, a notice
was received from the City stating that she should contact the Agent to
the Architectural Review Board before commencing exterior work on the
house.
The Agent to the ARB was contacted in April 2006 and it was suggested
that she consider exposing the wood and painting the surface and at no
time was she apprised of the necessity to complete an application to
commence the work.
Work began on May 15 and had she been informed by the Agent to the
ARB that vinyl was not an approved choice of soffit, she could and would
have returned the material; instead she proceeded with the project only
to be stopped when the project was half completed.
She appeared before the Architectural Review Board on June 8 seeking
modifications to the windows that had been installed and to complete
application of the soffit, at which time she agreed to modify windows in
the hopes that the ARB would work with her on the soffit issue. The ARB
did not approve the request.
According to ARB application guidelines for a Certificate of
Appropriateness, "there are guidelines to encourage historic
preservation"; in 1979, the porch at 431 Elm Avenue was enclosed to add
more office space; due to previous changes, the structure has not had a
historical presence since before that time; aluminum siding over wood
was used as the soffit covering material and aluminum is not a historical
element.
In surveying the 400 block of Elm Avenue, there are six houses with vinyl
soffit and with the same design application that she was using on her
house; i.e.: 411, 415, 419, 421, 422 and 436 Elm Avenue.
According to ARB literature, "The ARB has adopted design guidelines to
help you plan compatible improvements to your property. The H-l
guidelines adhere to the Secretary of the Interior's Standards for
Rehabilitation. H-2 zoning is more flexible allowing for the use of more
modern materials and design solutions."
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In closing, Ms. Ali advised that she contacted a City official to obtain
guidance on the project, she was not directed to complete an application; the I
house was greatly modified prior to 1979 and is not historically accurate;
adding the vinyl soffit in place of the aluminum will not detract from the
appearance of the house, but will improve it. She stated that she has already
invested approximately $50,000.00 to update the house to current code
standards; modifications to the windows would be a costly additional expense;
and materials to change the window glass dividers from the interior to the
exterior to meet approval of the ARB will cost $1,000.00 plus labor costs.
Ms. Ali asked that Council overrule the decision of the Architectural
Review Board and that the City be as flexible as possible in working with her on
the maintenance of her house.
Lora Katz, Chair, Architectural Review Board, advised that:
·
On July 7, 2006, Ms. Ali appealed the Architectural Review Board's June 8,
2006 decision to deny her request for vinyl material to be installed over
the roof soffits of a structure located at 431 Elm Avenue, S. W.; the house
is two stories, brick, with a hop roof and extended eaves; and soffits
under the eaves are currently covered with a smooth surface aluminum.
On May 18, 2006, Ms. AIi began replacement of the aluminum soffit
material with vinyl soffit material of a different design; a stop work order
was issued because no Certificate of Appropriateness had been issued by
the City; and Ms. Ali called the Agent to the ARB who met with her on the
site.
After meeting with the Agent to the ARB, Ms. AIi filed an application for a
Certificate of Appropriateness for the vinyl soffit covering; currently the
soffit work is less than half complete; some of the original wood soffit is
now exposed and appears to be in good condition.
At the same June 8, 2006 meeting of the ARB, Ms. AIi requested approval
of existing window replacements she had replaced on all the double-hung
wood windows on the house with double-hung vinyl windows, with a
Certificate of Appropriateness; and upon suggestion by the Agent to the
ARB, a motion was adopted to approve the new windows with
modifications.
The ARB discussed the project at length and members of the ARB were
supportive of the addition of the vinyl soffit; Board members suggested
that Ms. Ali either remove all material and repair and retain the original
wood soffits or retain the existing aluminum soffit material; Ms. Ali was
formally notified of the denial and of her right to appeal to Council.
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·
The H-2 Architectural Design Guidelines state that the application of
synthetic siding is inappropriate because it can trap moisture and hide
damage that needs to be repaired; and it is applicable only in the most
severe cases where the Board finds it necessary to save a building.
Staff could not identify any recent applications to the ARB for vinyl soffits
or any previous appeals to Council related to the denial of a request for
only vinyl soffits; since December 2003, the ARB has not approved any
request for synthetic siding material including soffits; since June, 2003,
three ARB denials for synthetic siding were appealed to Council, which
upheld the ARB's decisions.
Besides the issue of using synthetic cover-up materials, the proposed
vinyl soffit material has a design which is not compatible with designs
commonly found in the historic district; the proposed soffit material has
a design with ridges that run perpendicular to the façade of the structure;
typical in the historic district, a material such as bead-board would be
applied to soffits with the beads oriented to run parallel to the face of the
structure, or the material would have a smooth surface; and the ARB
encourages that any covering over the soffits be done with either a bead-
board or smooth-textured material to promote architectural compatibility.
Ms. Ali states as grounds in the Petition for Appeal that the Agent to the
ARB indicated that she could proceed with the work to replace the soffits
without making an application; it is the ARB's observation and experience
that staff consistently requires a formal application process for all work
performed in the historic district which requires a Certificate of
Appropriateness; all exterior projects require written approval whether on
a "Repair/Replace" form or on a staff level or ARB lever Certificate of
Appropriateness; and regardless, the Board believes that any decision
made on appeal should be limited to the question of whether or not the
replacement material is compatible with the historic district.
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On behalf of the Architectural Review Board, Ms. Katz recommended that
Council affirm the Board's decision to deny the issuance of a Certificate of
Appropriateness.
Question was raised if Ms. AIi was provided with information on
regulations that apply to the historic districts; whereupon, R. Brian Townsend,
Director, Planning, Building and Economic Development, advised that each year
a mailing is sent to residents of the historic districts reminding them that their
property is located in the H2 or HI Historic District, which consists of a kind of
generic reminder that before they do anything to the outside of their house,
they may be subject to a review by the Architectural Review Board.
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The City Manager advised that at the time of real estate transfer, the I
Director of Real Estate Valuation also notifies those persons purchasing
property in the H2, Historic Districts, of the various requirements that are
imposed by the City in the historic district.
Council Member Fitzpatrick moved. that Council affirm the decision of the
Architectural Review Board on June 8, 2006, and that no Certificate of
Appropriateness be issued for the installation of vinyl material over the roof
soffits of a structure located at 431 Elm Avenue, S. W., as set forth in the
Petition for Appeal, on the grounds that the proposed installation is not of the
same design as the materials on the building and the proposed installation
would not maintain the architectural defining features of the building. The
motion was seconded by Council Member Dowe.
Mr. Lawrence Musgrove, former owner of the property, referred to other
property in the area where the windows are boarded up with plyboard because
property owners cannot afford to make the types of improvements that are
required by the City in the historic districts. He stated that the property owner
has already invested $2,400.00 toward improvements to the house which will
be wasted if Council affirms the decision of the Architectural Review Board.
Council Member Mason advised that it is a difficult decision for her to
make because on the one hand the integrity of the Architectural Review Board
needs to be upheld so that the same rules apply to everyone; however, on the
other hand, she was not sure that the City did an effective job in
communicating with Ms. AIi on exactly what was expected. She stated that
although ignorance is no excuse under the law, oftentimes issues are
overturned from a procedural standpoint because certain steps were not
followed.
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The above referenced motion to affirm the decision of the Architectural
Review Board was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, and Vice-Mayor
T ri n kl e __nnnn________________;____nnn_n_u_u_________________________nnn_.nnunnnunnnnu___4.
NAYS: Council Members Mason and Wishneff mmmmmmnm_nn__mnm_2.
(Mayor Harris was absent.)
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Council Member Wishneff inquired if a program could be initiated in the
historic districts that would encourage property owners to go the extra mile to
ensure that they are in compliance with established guidelines for the historic
districts.
The City Manager responded that the City's Tax Abatement Program is
more widely used in old southwest than any other section of the City, and
property values in old southwest have escalated at rates greater than average.
For discussion as a part of fiscal year 2007-2008 budget study, Council
Member Wishneff requested the City Manager to submit a recommendation(s)
with regard to housing improvement incentives in the City's historic districts.
The City Manager suggested that Council also request recommendation(s)
by the Architectural Review Board.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised
that Council sets this time as a priority for citizens to be heard and matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
FLOOD REDUCTION/CONTROL-PURCHASE/SALE OF PROPERTY-
COMPLAINTS: Dianne A. Stevens, 1234 Midvale Avenue, S. W., spoke on behalf
of residents of Hannah Mobile Home Park with regard to the City's decision to
acquire the entire mobile home park for the Roanoke River Flood Reduction
Project. She inquired as to why the entire park is to be acquired as opposed to
only that portion that is needed for greenway purposes along the Roanoke
River. Secondly, she asked about the City's plans for the remainder of the
mobile home park after residents have been displaced from their homes. She
explained that on-line research revealed that there are currently 32 parks in the
Roanoke area, therefore, there is no need for another park; and if the City does
not intend to add another park, she asked if the City's plans for the land are
valuable enough to justify the tax dollars that will be required to relocate
residents of the entire mobile home park. Third, since Council's decision will
affect all residents of the mobile home park, she asked why residents were not
notified of the City's plans so that they could voice their concerns prior to
Council's action on the matter. She advised that if the entire mobile home park
is acquired by the City, there are numerous questions regarding relocation of
residents that were not answered in the information package that residents
received by registered mail, such as what will happen to their homes if they
cannot be moved, or if they have nowhere to move their homes, or will they be
allowed to take their pets when they are relocated to other housing. She stated
that residents of the mobile home park are homeowners, not apartment
238
dwellers, they purchased and renovated their homes, some residents have
mortgages but most of them own their homes, therefore, it is wrong to take
their homes unless it is a matter of dire need by the City. She asked if it is in
the best interests of the City to take the entire mobile home park, or just that
portion that is needed for flood control. She requested that the City reconsider
displacing residents from their homes and advised that unless the homes can
be moved to a comparable piece of land, residents are not being provided with
comparable living standards.
Mr. Carl Nunnenkamp, 1121 Hannah Circle, S. W., advised that residents
of Hannah Mobile Home Park own their homes, they are not renters, although
the land on which their homes are located is considered to be rental property.
He stated that in acquiring the property, the City is not dealing solely with the
business known as Trompeter Brothers LLC, but in reality, the City is dealing
with 67 privately owned homes, the homes of 67 families, or over 200 persons,
ranging in age from infancy to the most senior of citizens who, if forced to
relocate, may be placed in life threatening situations by being forced to move
their life long residence to another location in the City. He advised that
residents were told that the project is necessary to ensure their safety because
the river is ready to rise and wash away their homes; however, residents fail to
see the urgency and disagree that the only remedy is the eradication of their
community. He stated that if the danger is so eminent, residents wonder why it
has taken City Council and prior City Councils so long to reach this conclusion.
Although it has been said that the City's intent to acquire the property was
included in the City's 2001 Comprehensive Plan, he stated that residents of the
area were not aware of the acquisition process for the flood reduction program,
nonetheless, the time between when the Comprehensive Plan was formulated
and the time that residents were notified was well over five years. He added
that it was also learned that negotiations between the City of Roanoke and
owners of the property have been ongoing for more than five years; therefore,
why were the people who would be the most affected by the proposal denied
knowledge of the negotiations.
Mr. Mark Mullins, 1106 Hannah Circle, S. W., advised that he has lived in
the Hannah Court Mobile Home area for 12 years and it is one of the safer
lower income neighborhoods in the City. He expressed concern with regard to
the displacement of children who will be relocated to different schools,
particularly at the high school level. He asked that Council take into
consideration the convenience of the mobile home park to a fire station, three
hospitals, entertainment venues, restaurants, bus service, and grocery stores.
He asked that Council also take into consideration the natural environment
which provides a place for recreation and a nesting place for the blue heron.
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CELEBRATIONS-YOUTH: Mr. Rich Cranwell, 2909 Carolina Avenue, S. W.,
called attention to his association with an organization known as Young
Leaders of America and efforts to come together as a community to take care of
Roanoke's youth. He spoke in support of conducting a Star City Fall Festival,
with an emphasis on activities for Roanoke's youth on November 11, 2006,
from 10:00 a.m. to 5:00 p.m., in the City Market area. He advised that he will
contact each member of Council to solicit their input.
At 8:20 p.m., the Vice-Mayor declared the Council meeting in recess until
Wednesday, August 30, 2006, at 8:30 a.m., in the Carilion Biomedical Institute
Board Room, 117 Church Avenue, S. W., City of Roanoke, Virginia, at which time
the Council will participate in the City's annual planning retreat.
The August 21, 2006 regular meeting of Roanoke City Council which was
recessed until Wednesday, August 30, 2006, at 8:30 a.m., in the Carilion
Biomedical Boardroom, 117 Church Avenue, S. W., was called to order by
Mayor C. Nelson Harris at 9:00 a.m.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea
and Mayor C. Nelson Harris-mmumu__m__mmmmmmm___m_mm_mumm__un__7.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
Dr. Bruce Blaylock, Professor, Radford University, served as facilitator for
the retreat.
COUNCIL: The Mayor advised that the purpose of the meeting was to
hold the Council's annual planning retreat. He then turned the meeting over to
Dr. Blaylock.
Dr. Blaylock expressed appreciation for the invitation to conduct the
Council's third annual planning retreat. He stated that he is the type of
facilitator who will allow the Council to do its own thinking so that at the end of
the day the product will belong to the Council and not to the facilitator.
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Dr. Blaylock reviewed ground rules for the day which may include
different perspectives and conversations that the Council may, or may not, be
ready to discuss passionate issues which are the most understood things about
leadership; and a discussion with regard to looking at certain issues from a
different perspective than in previous years. He reviewed the following agenda
for the retreat:
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· Reaffirmation/Revisit of Strategic Goals and Objectives
· Visualizing final success
· Actions necessary to move toward final vision
· Champions and responsibilities
· Consensus on actions
· Prioritizing
· Hurdles to success
Dr. Blaylock then asked Council Members to provide input with regard to
the following question:
When Council is at its best, or at its most effective, what does it look like?
The following responses were offered by the Members of Council:
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When listening to what citizens have to say
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· When listening to each other and finding ways to build consensus to do
what is right for the City of Roanoke
· There is a sense of power when the Council works together
· When Council is doing something that moves Roanoke ahead
· The public believes that Council is being effective when the Council is
grounded and well informed about an issue to the extent that individual
Members of Council ask the right. questions and defend individual
positions on an issue
· When Council does not undermine the integrity of the process
· When individual Members of Council bring their best thinking and
analysis together in a collegial way
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Mr. Blaylock asked Council to engage in discussion with regard to the
following question:
What is happening when Council is not performing as well as it could?
The following responses were offered by Council Members:
· Council Members should ask questions of City staff prior to the Council
meeting--when Council Members have not done their homework it is
evident in the questions that they ask
· There are certain questions that should be asked before the Council
meeting, but the questions should still be brought up at the City Council
meeting for debate and for the benefit of the public
Mr. Blaylock asked Council Members to respond to the following
question:
What does Council control that would increase the likelihood of Council
performing at its best all of the time?
The following responses were offered by Council Members:
·
To be prepared by reading documents before Council meetings
To mask individual tempers
To keep Council meetings respectful and to engage in pleasant debate
To review the Council's rules of engagement (how Council Members will
interact with each other)
Collegiality among Council Members
An agenda that is designed to get things done in a timely manner
Individual behavior during Council meetings
A Council that has done its homework prior to the Council meeting
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Dr. Blaylock asked that Council Members list outstanding
accomplishments that took place in the year 2005.
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The following responses were provided:
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Ukrops project
Ability to take risks and to engage in creative thinking
Ability to help other localities, such as victims of Hurricane Katrina
The new Zoning Ordinance
Action with regard to Victory Stadium
Improvements to downtown Roanoke which will create a large amount of
revenue for the City
Citizens were motivated to renovate houses through the City's Tax
Abatement Program
Rehabilitation of the Henry Street area
Decision to close streets in the Gainsboro area for the Social Security
Administration office building, Dumas Hotel, etc.
Acquisition of the Countryside Golf Course property
City's Youth Initiative
Miller's Hill project
Roanoke River Flood Reduction Project
Colonial Green project
Infrastructure projects
Expansion of the Roanoke Civic Center Exhibit Hall
New Fire/EMS facility at the corner of Elm Avenue and Franklin Road, S. W.
New police building
Construction of the new Roanoke Academy for Mathematics and Science
Patrick Henry High School, Phase I and Phase II
Multicultural initiatives
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Some Council Members were of the opinion that the City does not, to a
great extent, celebrate its successes. They discussed the importance of getting
out the City's story in advance of the news media; i.e.: message control. It was
suggested that the news media could be educated in advance of major
announcements to be made by the City.
The City Manager listed the following accomplishments in 2005:
· Increase in the meals tax which was the City's commitment to funding
William Fleming High School improvements
· The Painter project, or Ivy Market
· Traffic calming in southeast Roanoke, Huff Lane and Grandin Road, etc.
· Improvements to Colonial Avenue, S. W.
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·
Final decision with regard to the Martin Luther King Memorial Bridge
Monument and other improvements that will continue to energize the
accomplishments of Dr. King to the nation
Adopted a Strategic Housing Plan
Adopted a Library Master Plan
Started down a path six years ago to redevelop 100 acres of City property
(South Jefferson Street Project), the first building went under construction
in 2005, and every piece of property has been acquired through
negotiation which involved various incentives
Downtown living
Hired a staff person in Economic Development to address the issue of the
young adult drain on the City
City employees who are trained to respond to challenges
Roanoke's neighborhoods which are comprised of people who are cheer
leaders for the community
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It was suggested that next years' planning retreat include a section on
accomplishments by Council appointed officers.
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At 10:30 a.m., Council Member Wishneff left the meeting.
Dr. Blaylock .asked Council to engage in a discussion with regard to
Roanoke Vision 2012: Principals to Guide the Future.
Council approved the following revisions:
We will be recognized for:
1. Being the "Capital of Western Virginia" through a healthy economy,
supportive local government, quality municipal services, and an
attractive cultural environment
Change to: Being the "Capital of Western Virginia" through a healthy
economy, supportive local government, quality municipal services, and
an attractive arts and cultural environment
2. Having strong neighborhoods through quality City infrastructure,
livable homes
(No change)
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3. Having educational excellence in public schools
Change to: Having a school system which achieves excellence through
efficient and cost effective service delivery
4. Maintaining a strong City connectivity with universities and colleges in
the region
(No change)
5. Protecting the natural beauty and resources of our environment
(No change)
6. Encouraging business, individual investment, and retail development
in Greater Downtown Roanoke
Change to: Encouraging business, individual investment, residential
and retail development in Greater Downtown Roanoke.
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7. Establishing Roanoke as a destination point for entertainment, major I
events, sports and festivals
Change to: Establishing Roanoke as a destination point for
entertainment, major events, sports, arts and festivals
8. Creating an inclusive environment with a reputation as a community
that welcomes and celebrates diversity
Change to: Creating an inclusive environment that welcomes and
celebrates diversity.
9. Having ease of travel to, from and within Roanoke via air, rail and
highway
Change to: Understand and advocate ease of travel to, from and
within Roanoke via air, rail, and highway
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10. Having a City with strong community pride
Change to: Being a City with strong community pride
11. Maintaining a financially sustainable City Government with cost-
effective service delivery
(No change)
12. Maintaining working relationships with other local governments
throughout the region including the Roanoke and New River Valleys,
the Allegheny Highlands, and Smith Mountain Lake
Change to: Maintaining working relationships with other local
governments throughout western Virginia
Following lunch, Council engaged in a discussion with regard to a review
of Strategic Emphases 1 - 4 (Healthy Economy, Strong Neighborhoods, Vibrant
Greater Downtown and Quality Services)
By consensus, the following revisions were approved:
. Strategic Emphasis 1: Healthy Economy
Support the retention and expansion of local businesses (no change)
Advocate a high performing public education system (new addition)
Maintain aggressive economic development strategies to attract new
businesses (no change)
Facilitate development of a quality workforce linked to job
opportunities (no change)
More unique, distinctive retail opportunities (no change)
Promote development of upper end housing opportunities (no change)
Actively promote and market "Roanoke" - Our Brand (no change)
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Promote a diverse local economy: Medical, Government, Tourism, I
Small Business (no change)
Recognize the importance of regionalism (no change)
Promote and develop natural resources (new addition)
. Strategic Emphasis 2: Strong Neighborhoods
Involve citizens as responsible partners in enhancing quality of
neighborhoods and addressing neighborhood problems (no change)
Fund significant improvement in specific targeted neighborhoods (no
change)
Develop and use realistic, functional neighborhood plans that link to
the comprehensive plan and guide future of the neighborhood
Change to: Implement neighborhood plans that link the
comprehensive plan and guide future of the neighborhood
Improve property maintenance through prevention and enforcement - I
including removal of blighted/worn-out structures
Change to: Aggressively promote property maintenance through
prevention and enforcement - including removal of blighted/worn-out
structures
Protect the integrity of the neighborhood through design/development
standards, and standards for infill (no change)
Maintain/improve City infrastructure, i.e., streets, streetscapes, traffic
calming, trees and greenways
Change to: Improve City infrastructure, i.e., streets, streetscapes,
traffic calming, trees and greenways
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. Strategic Emphasis 3: Vibrant Greater Downtown
Increase residential opportunities in downtown area, including
attracting support businesses-supermarket, drugstore, other retail
(no change)
Develop reputation as center for culture and arts
Change to: Promote and enhance City as center for culture and arts
Protect quality of downtown development through zoning,
development standards, quality infrastructure (no change)
Support major projects: education center, riverside center, and Henry
Street - job opportunities, building/infrastructure development
Change to: Create job opportunities
building/infrastructure development
and
additional
Expand entertainment and sport opportunities
Change to: Cultivate entertainment and recreation opportunities
Incr.ease occupancy of office and institutional space (no change)
Support and enhance the unique characteristics of the Market area (no
change)
Following a discussion as to whether or not Roanokers feel safe in the
City's neighborhoods, Mr. Blaylock suggested that the item be carried over until
next year's retreat for further discussion.
. Strategic Emphasis 4: Quality Services
Develop and retain productive, motivated workforce with well-trained,
competent and diverse employees (no change)
Maintain process of continuous improvement, empowering employees
to offer ideas and try new approaches (no change)
Invest in and use technology in service delivery (no change)
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Have City facilities that in a manner that demonstrates a commitment
to quality City services
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Change to: Maintain City facilities in a manner that demonstrates a
commitment to quality services
Demonstrate a commitment to service excellence (no change)
Pursue regional cooperation for services (no change)
Pursue cooperation for intragovernmental cooperation (new addition)
Dr. Blaylock then divided Council Members into teams of two for the
purpose of (1) identifying actions under each Strategic Emphasis; (2) deciding
who is primarily responsible for carrying out the action plan; (3) identifying who
is passionate about an issue, or will champion the issue; and (4) prioritizing
actions.
(For full text, see compilation on file in the City Clerk's Office prepared by Dr.
Blaylock based on information provided by the Members of Council.)
Council Member Dowe requested information on the number of new I
restaurants that have opened in the City of Roanoke during the past year.
Council reached the following consensus:
Effective October 1, 2006, any person who wishes to speak at a City
Council meeting will be required to call the City Clerk's Office prior to the
Monday Council meeting, or register with the staff assistant at the entrance to
the Council Chamber prior to commencement of the Council meeting. Once the
Council meeting has convened, there will be no further registration of speakers.
The above referenced requirement will not apply to those persons who wish to
speak at public hearings conducted by the Council.
The Council agenda package will be delivered to the Members of Council
on Thursday evening prior to the Monday Council meeting, as opposed to
Wednesday evening, commencing with the September 18, 2006 agenda.
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There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
APPROVED
ATTEST: .V
/J¡ 0....,. 1: / ~
Mary F. Parker
City Clerk
c .i\J~~~
c. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL
September 5, 2006
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9:00 a.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 5, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson
Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members David B. Trinkle, Alfred T. Dowe, Jr.,
Sherman P. Lea, Gwendolyn W. Mason and Mayor C. Nelson Hardsnm-m-m-m-5.
ABSENT: Council Members Beverly T. Fitzpatrick, Jr., and Brian J.
Wi s h n eff-n---- _nnnn_nn_n ----n--nn-------________n___nh___n_________n__h._nnhn__n__________ 2.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City
Clerk; and Stephanie M. Moon, Deputy City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended,
was before the body.
Vice-Mayor Trinkle moved that Council concur in the request of the Mayor
to convene in Closed Meeting as abovedescribed. The motion was seconded by
Council Member Mason and adopted by the following vote:
AYES: Council Members Trinkle, Dowe, Lea, Mason and Mayor Harris ---5.
NAYS: No n e -0000-------------------00-0000-------0000------00--00----00---0000------00__00nh--n_O.
(Council Members Fitzpatrick and Wishneff were absent.)
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ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY ON MONDAY,
OCTOBER 2, 2006 AT 12:00 P.M.: NONE.
ITEMS LISTED ON THE 2:00 P. M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M.,
AG EN DA.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
SCHOOLS: The City Manager was instructed to contact the Roanoke City
Schools to schedule a presentation to be held either on September 18 prior to
the 7:00 p.m. session of Councilor during the 9:00 a.m. Council work session
on October 2 with regard to the design and plans for the new William Fleming
High School.
BRIEFINGS:
NATURAL ENVIRONMENT PRESERVATION:
Kenneth S. Cronin, Director of General Services advised that the City of
Roanoke has taken actions through urban forestry and recycling to help
preserve the environment, and by do so, emissions into the atmosphere have
been reduced. Mr. Cronin shared the following information with the Council:
Preservina Our Natural Environment
Environmental preservation is an important responsibility of local
government. Roanoke understands this role and has undertaken a
number of actions to help preserve our natural environment. Some
specific actions include:
. Urban Forestrv - Adopting Roanoke's Urban Forestry Plan which
intends to increase the City's tree canopy from approximately
32% to 40% over a period of ten years. To do this, tree planting
funds have been increased by $40,000.00. The urban forestry
staff has planted over 700 new trees in FY04 and FY05. Another
500 trees were planted in FY06 and FY07. 41 trees were
donated through the Commemorative Tree Program since its
inception in 2003. Phase I of the Corps of Engineers Flood
Reduction Project included the planting of 265 trees. Additional
trees were planted in City parks, village centers (Grandin Road)
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and gateways. The revised Zoning Ordinance now requires
increased tree planting for new land development and a
minimum tree canopy by zoning district.
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· Recvclinq - The City's program continues to lead the way when it
comes to residential and commercial recycling in the Roanoke
Valley. During the past four years more than 10,500 tons of
would be trash has been recycled, saving approximately
$400,000 in tipping fees. More community education is
planned and neighborhood recycling programs are planned for
the upcoming year.
· HVAC Replacement/Repairs - Replaced three units at Parks and
Recreation; replaced units at Williamson Road and Raleigh Court
Libraries; installed new units at Fire Stations #13 and #2 and
installed a new voting machine storage room; provided major
repairs to the City Jail HVAC system that should avoid at least
$1 million costs previously projected by an outside' contractor;
developed a method to shut down boilers during the summer at
the Public Works Service Center and the Municipal Building.
Additionally, many repairs have been made to thermostats,
chillers, air compressors, steam pipes, controls, and air
handlers. All of these changes have helped to conserve energy
and save the City money.
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· Liqhtino Replacement A lighting replacement/efficiency
program was initiated. Using the third floor of Municipal South,
Noel C. Taylor Municipal Building, as a starting point, City staff
installed new T-8 fluorescent lamps, new electronic ballasts and
motion sensors in bathrooms and conference rooms. The City
also intends to replace incandescent exit signs with Light-
Emitting-Diode (LED). Changing out older fluorescent lamps to
the newer, more efficient T-8's, a well-known method to reduce
energy costs. Staff intends to re-fit new T-8's and ballasts as
part of the renovation of Municipal North. With the addition of
two new maintenance employees, the City will make similar
changes City-wide over the next three years until all applicable
lighting has been updated.
· Water Heaters - Replaced a 125-gallon water heater at the City
Jail and a similar unit at the Municipal Building. These heaters
are much more efficient than those used previously.
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. Water-free Urinals - The average urinal in an office building uses
approximately 40,000 gallons of water per year. To save water,
City staff has installed water-free urinals in Municipal South and
the Public Works Service Center. New water-free urinals will be
included in the renovation of Municipal North, the new Fire
Administration Building and the new addition to the Roanoke
Civic Center.
. Fleet Manaqement - Purchase flex-fuel vehicles when possible
(flex-fuel vehicles use either gasoline or ethanol); all diesel fuel
purchased as of October 2006 will be ultra low sulfur diesel
which reduces sulfur from 550 ppm to 15 ppm; one hybrid
vehicle is currently in the fleet, the City intends to purchase
more during the upcoming year; more LED lights are used on
City vehicles, particularly Police and Fire. LED units require
dramatically less power requirements to operate than
conventional lights; all fuel deliveries are monitored to
document the delivery and any spills that occur during the filling
process, thus controlling the impact of spilled hazardous waste
fuel; fuel vendors use recovery hoses while off-loading fuels into
the storage tanks, thus eliminating fuel vapors in the
atmosphere; oil filters are crushed and drained then disposed of
off-site for protection to on-site operations from contamination;
anti-freeze is recycled and reused, not sent for disposal; and a
recovery system for freon and synthetic freon is in place that
protects from allowing certain substances into the atmosphere.
Environmental Manaqement Systems (EMS)
EMS programs have been put in place in the Transportation, Solid Waste
and Fleet Management divisions to monitor significant environmental impacts
in the area of water conservation, engine idling, storm water maintenance, leaks
from vehicles, recycling, proper disposal of hazardous wastes and spillage of
fuel during fueling transfers.
Council Member Mason inquired as to the compliance rate among City
residents; whereupon, Mr. Cronin advised it was approximately 35 percent and
educating the community about recycling will playa major role in the future.
He further stated that the City has recently hired a skilled HVAC technician
which has enabled the City to perform duties in-house rather than outsourcing,
i.e., replacing units at Williamson Road Library, Raleigh Court Library, new units
at Fire Stations 13 and 2; and by using City staff, the City was able to keep the
cost of the HVAC system replacement project for the City Jail at approximately
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$200,000.00 rather than the estimated $1.5 million. In addition, he advised
that the City was using a more efficient system of boilers, steam pipes, controls
and air handlers, thereby emitting less C02 in the atmosphere; and in terms of
light replacement, the third floor of the Municipal Building was the first location
to use T8 lights, which are smaller lights that emit more light but use less
energy. He explained that T8 lights and LED exit signs will be installed during
the renovation of the Municipal North Building, and the plan is to go City-wide
within the next 2 - 3 years. He commented that the City uses LED lights on
Police and Fire vehicles and the City's holiday lights in downtown. He added
that consideration was not given to changing the Mill Mountain Star to LED
lights because the City did no want to change the look of the Star.
The Environmental Administrator advised that there are systems in place
enabling the City to deal effectively with issues having an environmental
impact, i.e., water conservation, engine idling, storm water maintenance and
leaks in vehicles.
Mayor Harris stated that the City of Roanoke has taken a number of
environmentally friendly steps to not only create some cost efficiencies, but
also to be a good role model of environmental stewardship; within the last
several years, he and Council Member Mason have taken an interest in cities
across the country relative to the environment, and one of the initiatives
announced by the U. S. Conference of Mayors was an invitation for cities to
adopt the Kyoto Protocol to make efforts to reduce emissions. He advised that
the Sierra Club, both locally and nationally, is promoting a "Cool Cities"
movement, which means that the City, as a local government, would implement
some emission control reduction targets, in much the same way as the U. S.
Conference of Mayors is attempting to lead by example to make an
environmentally positive impact. He further advised that he and Council
Member Mason have asked the City Administration to review efforts made by
various cities to see if one fits the City of Roanoke. He added that at the next
Council meeting, he will recommend the adoption of a resolution authorizing
the City to become a member of ICLEI - Local Governments for Sustainability,
formally called International Council for Local Environmental Initiatives (ICLEI),
which would include the City of Roanoke in partnership with other cities across
the nation that are taking the lead to set the example of what it means to be
cost efficient and pro-environment.
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Council Member Mason advised that when natural resources are
conserved, taxpayer's money is conserved; the City of Roanoke is poised to
have the opportunity to really show leadership in Virginia, which is the great
benefit of ICLEI, a voluntary program that enables a City to go through five
steps to track such things as emissions which will put the City on a course to
continue conserving. She further advised that she would not be present at the
September 18 City Council due to a natural resources summit, whereby she is
one of 150 Virginia invitees, and it would be wonderful to announce at the
Summit that the City of Roanoke is the first Virginia City member of ICLEI.
In closing, the Mayor remarked that ICLEI is an activity that local
governments engage in and he is excited about the City taking the lead and
hopes the private sector may wish to follow.
Mr. Cronin distributed a handout containing the following information on
ICLEI:
ICLEI- Local Governments for Sustainability (formally called International
Council for Local Environmental Initiatives) is dedicated to improving the
global environment through local action. ICLEI provides technical
expertise and a recommended process to follow in order to set up and
maintain emissions reduction programs. ICLEI does not designate
emissions standards nor do they enforce commitments made by local
governments to reduce emissions. ICLEI's model, called the Five
Milestones, is described below:
1. Conduct a baseline emissions inventory and forecast. Based on energy
and waste data, the City calculates greenhouse gas emissions for a
base year (e.g., 2000) and for a forecast year (e.g., 2015). The
inventory and forecast capture emissions from all municipal
operations (e.g., city-owned and/or operated buildings, streetlights,
transit systems, wastewater treatment facilities) and from all
community-related activities (e.g., residential and commercial
buildings, motor vehicles, waste streams, industry). The inventory and
forecast provide a benchmark against which the City can measure
progress.
2. Adopt an emission reduction target for the forecast year. The City
passes a Council resolution establishing an emission reduction target
for the City. The target is essential both to foster political will and to
create a framework to guide the planning and implementation of
measures.
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3. Develop a local action plan. The local government develops a local
action plan that describes or lists the policies and measures that the
local government will take to reduce greenhouse gas emissions and
achieve its emissions reduction target. Most plans include a timeline,
a description of financing mechanisms, and an assignment of
responsibility to departments and staff. In addition to direct
greenhouse gas reduction measures, most plans also incorporate
public awareness and education efforts. The development of the local
action plan should include strong public input and involvement in
order to build the consensus among stakeholders required to
implement measures.
4. Implement policies and procedures. The City implements the policies
and measures contained in their local action plan. Typical policies and
measures implemented include energy efficiency improvements to
municipal buildings and water treatment facilities, streetlight retrofits,
public transit improvements, installation of renewable power
applications, and methane recovery from waste management.
5. Monitor and verify results. Monitoring and verifying progress on the
implementation of measures to reduce or avoid greenhouse gas
emission is an ongoing process. Monitoring begins once measures
are implemented and continues for the life of the measures, providing
important feedback that can be used to improve the measures over
time. ICLEI's software provides a uniform methodology for cities to
report on measures.
Mr. Cronin stated there is a technical side, ICLEI does require that
standards be set eventually, but there is not a world-wide standard set as in the
Kyoto Protocol; if an organization or City joins ICLEI, a commitment is made,
but the City or organization is self-governing. He reviewed the following ICLEI
model, called the Five Milestones:
· conduct a baseline emissions inventory and forecast
· adopt an emission reduction target for the forecast year
· develop a local action plan
· implement policies and procedures
· monitor and verify results
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Mr. Cronin explained that he has contacted ICLEI staff to verify
information about their software and technical assistance, and there will be
conferences that staff and Members of Council can attend to learn more about
greenhouse gases, global warming and environmental protection; and as a
member of ICLEI, the City would join the Cities for Climate Protection Campaign
which is their hallmark.
Council Member Mason stated that she believes ICLEI is the best fit for
the City of Roanoke.
Council Member Dowe inquired about an initiative of either delaying or
avoiding the City from becoming a non-attainment area; whereupon, the City
Manager advised that as a region, there has been participation in the
development of a plan to reduce emissions so that the City would stay under
the required level for a non-attainment area; VDOT signs posted along
Interstate 581/220 indicating when the City is experiencing a high level
emission day and VDOT encourages people to delay lawn mowing until after
5:00 p.m., and to not fuel their vehicles; the City, as a community and
organization, has agreed to participate in that effort, and the Environmental
Administrator has distributed information to employees to guide their actions;
and Bill Bestpitch, former Council Member, was involved as a member of the
Planning District Commission, and the member jurisdictions are participants.
Council Member Dowe asked if the initiatives were beneficial; whereupon,
the City Manager responded in the affirmative, stating that there are few
communities at the present time that are members of the organization and as
part of the campaign, a couple of communities have committed to the U. S.
Conference of Mayors program, but they have not taken the necessary steps as
part of said commitment, and City staff has made recommendations to City
Council on what particular activity the City can truly deliver on.
Council Member Lea asked if there were any financial costs to the City in
being a part of the initiative; whereupon, the City Manager stated in addition to
the annual fee, the City would conduct emissions inventory which is listed as
the first step, and she understands there are resources at Virginia Tech that
would assist the City with the creation of an inventory, however, there is no cost
estimate at the present time as to what is actually involved, but by associating
or affiliating the City with the University on said effort, the cost to the City
should be less than it would be if the City worked with the private sector. She
stated that she anticipates the cost to be in the $10,000 to $15,000 range, and
City staff could perform some of the work since it is already engaged in
environmental consciousness; and irrespective of Council's decision on the
item, the effort should be made because it will save the City money in the long
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term and it is the right thing to do from a standpoint of the environment; and
the City should protect and preserve the asset of the natural beauty
surrounding the area. She pointed out that Arlington County is the only
Virginia community that has consented to program as of August 2006, and
Virginia Beach and Charlottesville have consented to the U. S. Conference of
Mayors program, but neither of the localities have taken the opportunity to do
the inventory and meet the goal of seven per cent reduction from the 1990
levels by 2012.
Mayor Harris stated that the City wanted to review all of the various
opportunities available and give serious consideration to one program that
could be done with integrity.
Council Member Dowe asked how the City would measure its
effectiveness after implementation; whereupon, Mr. Cronin advised that by
executing the U. S. Mayors Conference agreement or becoming involved with
Cool Cities, the community will be linked to the Kyoto Protocol; ICLEI will
provide the City with the technical expertise and the City could create its own
method of moving forward. The City Manager explained that Council could be
participants in that process, because once the City joined the organization,
received input and conducted the inventory, the Administration would forward
to Council recommendations as to the goal and costs associated in reaching
said goal; unfortunately, in the case of the Cool Cities and the Kyoto model,
there are only six years remaining out of 22 that were originally set for
reducing emissions; and the City wanted to do something realistic, have Council
set certain goals and the Administration would report the progress to Council
on a regular basis.
Mayor Harris suggested that the City Manager contact Virginia Tech to
inquire about a cost for an emission's inventory, and suggestions as to what
could be handled by the City and what the university could provide.
Council Member Trinkle noted that citizens had expressed an interest in
the Kyoto Protocol, and he advised that a map was available on the Internet
showing the cities that endorsed the protocol. The City Manager advised that
following Council's endorsement of the program, the City would follow up to
identify the 1990 measure and there would be opportunities in the future to
support additional global measures afterwards.
Mayor Harris added that the U.S. Conference of Mayors and Cool Cities
websites also linked to ICLE, and visa versa.
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In connection with LED lighting, Vice-Mayor Trinkle inquired if the City
planned to install LED lighting outside of the Municipal building; whereupon,
Mr. Bengtson stated that the City has an agreement with American Electric
Power (AEP) by which they furnish high pressure sodium lights, but he was not
aware of any installation of LED lighting by AEP. The Traffic Engineer stated
that the City will receive $1 million of VDOT project funds through the Six-Year
plan for traffic signals, and to rebuild two intersections and to replace signal
equipment, adding that the cost savings will be significant on the electric bill,
and additional funds are expected from VDOT in subsequent years and the City
plans to continue to improve its signal equipment. The City Manager explained
that while the City was committing only the municipal organization to the
activities, however, the capability exists, on an advisory committee basis to
encourage the private sector involvement to help reduce emissions, and
perhaps after the City establishes its relationship with ICLE, the City could form
a City-wide/community-wide advisory group to discuss voluntary efforts.
Mayor Harris advised that the briefing was to provide information about
ICLEI - Local Governments for Sustainability (formerly known as International
Council for Local Environmental Initiatives) in advance of a resolution that will
be placed on City Council's agenda for consideration; and a press conference
will be held on Tuesday, September 12, 2006, at 1 :00 p.m., Public Works
Service Center, to highlight community education and some of the City's
environmental efforts.
MORTGAGE ASSISTANCE PROGRAM UPDATE:
The City Manager provided Council with an update with regard to the
Mortgage Assistance Program, advising that the community had inquired about
the City's Strategic Housing Plan and any initiatives being developed. She noted
Council was aware of the stimulation of the market for upper and middle
income housing; the City's efforts to produce varied housing options within the
City; and to raise the average value of the homes in the City closer to the
regional average, which is about $50,000.00 short. She further advised that
the City's goal is to increase the amount or percentage of homeownership
within the community because of the unusually high percentage of rental
housing, and sometimes absentee landlord based rental housing creates
particular challenges in the code enforcement area; and promoting
homeownership with a variety of housing disbursed more broadly within the
community could have an affect on the concentrations of low-income people
versus upper income. She explained that the City has a very high percentage of
racial segregation largely as a result of the way housing has been produced
over the years within the community. She noted that the Mortgage Assistance
Program has been successful, but has not received a lot of coverage in the news
media, and she hopes the information that is shared with Council will provide
some insight when the issues are discussed with citizens.
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The Director of Housing and Neighborhood Services referred to the
Strategic Housing Plan recommendation to continue to expand the Mortgage
Assistance Program, advising that the City was in the process of finalizing the
market rate mortgage assistance program; and City staff has been meeting with
local lending institutions to see how the City could best approach the market
rate end of the housing programs; and the City's support and efforts have had
a large leveraging impact through the mortgages that have been obtained.
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Angie Williamson, Housing Development Specialist, reviewed the
following information:
Program Description:
· assists low and moderate income first-time home buyers purchasing a
home within the City
· funds for down payment and closing costs
· provides zero per cent interest, ten year forgivable loans of up to
$8,000.00
Applicant Requirements:
· first-time homebuyer
· complete free housing workshop
· purchase within the City
· meet income requirements
· make minimal down payment (depends on purchase price)
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Income Requirements:
applicants at or below 80 percent median income for the MSA
Family Size Maximum Income
1 $ 32,500.00
2 $ 37,100.00
3 $ 41,750.00
4 $ 46,400.00
5 $ 50,100.00
6 $ 53,800.00
..
7 $ 57,550.00
8 $ 61,250.00
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Housing Requirements:
· maximum sales price - $172,632.00
· any home except mobile homes
· must pass a lead-based hazards test
- if built before 1978
- City pays for initial test and final dust test only
Terms:
. zero per cent interest
. ten year forgivable loan
each year ten per cent of loan is forgiven if:
(1) owner remains occupant
(2) there are no code violations
· if sold or rented - the remainder of the loan is due immediately
Progress:
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· began in Fiscal Year 2003-2004 with a slow start
· recently restructured to make it more beneficial for borrower
· 25 families/individuals have become homeowners
· provided over $1 50,000.00 in loans
· began with three partner banks, added four more in the last 12
months
Year Number Loans Amount
2003-04 5 $ 21,656.00
2004-05 4 $ 15,464.00
2005-06 1 3 $ 99,000.00
2006-07 3 $ 15,150.00
(In iust over a month)
Total 25 $151,270.00
Year Average Purchase Price
2003-04 $ 66,800.00
2004-05 $ 82,500.00
2005-06 $ 88,826.00
2006-07 $ 84,950.00
Total $ 84,983.00
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New Homeowners: Pictures were displayed of actual houses that had
been purchased by new homeowners throughout the City.
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EMERGENCY PREPAREDNESS UPDATE:
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Michael Guzo, Emergency Services Coordinator, reviewed the following
information with regard to emergency management in the City of Roanoke
Emeraency Manaaement
An organized analysis, planning, decision making, and assignment of
resources to mitigate, prepare for, respond to, and recover from the
effects of all hazards.
All Hazards Plannina
Nuclear Power Plants Power Failures
Civil Disturbances Tornadoes
Winter Storms Hurricanes
Terrorism Hazardous Materials
Resource Shortaoes Wildland Fires
Earthquakes Floods
Drought
Emeraency Operations Plan
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Document that describes principles, policies and methods to be applied
in emergency operations and for rendering mutual aid during
emergencies, including such elements as continuity of government,
emergency functions of government agencies, mobilization of resources,
and public information.
*Updated every 4 years
*Must be approved by City Council
Emeraency Manaaement Function
During any significant event (recent flooding):
1. VA Emergency Management Conference Calls
2. Identify and stand-up resources
3. Update City Leadership (Situation Reporting)
4. Provide recommendations for increased or overtime staffing
5. Activate EOC if needed (various levels of activations)
6. If City unaffected, make resources available state and nationwide
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What is an EOC?
Emergency Operations Center is a facility used for the centralized
direction and/or coordination of emergency operations.
Proposed levels of activation:
1. Alert key staff (phone/email) - Situation Reporting
2. Limited Activation of EOC with key staff Situation Reporting
3. 12-hour/Limited Activation of EOC with key staff
4. 24-hour Activation of EOC
Powers and Duties of Local Government
Code of Virginia-Emergency Services & Disaster Laws, Title 44:
Chapters 3.2-3.5
Each political subdivision shall:
·
Have a Director of Emergency Management
Prepare and keep current an emergency operations plan for its area
Annually provide the State Coordinator an updated emergency
management assessment
·
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·
Powers and Duties of Local Government
· Declare a local emergency
· Control and regulate resources
· Suspend normal procurement procedures
· Develop mutual aid agreements
Citv Update
Peer Review in May producing results:
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1. Updating Shelter Plan
2. Securing Grants for Shelter Retrofit
3. Revising City Emergency Operations Plan (EOP)
4. Creating Continuity of Operations Plan
5. Developing Pandemic (Avian) Flu Plan
6. Creating Animal Shelter Plan (Regional)
7. Implementing Federally mandated National Incident Management
System into EOP
8. Airport Mass Fatality Multi-agency/multi-jurisdiction Exercise
9. September is National Preparedness Month
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Disaster Response in the Commonwealth of Virginia:
1. Disaster occurs - Local First Responders; Local Resources Exceeded;
Local Emergency Declaration (City Manager/Emergency Manager)
2. Request for assistance - Virginia Emergency Operations Center
3. Aid to local government
4. State of Emergency Declared - Virginia Department of Emergency
Management; State Resources Exceeded
5. Presidential Declaration Request Secretary, Department of
Homeland Security
6. Aid to Local Government - FEMA/Federal Agencies JFO
Mr. Guzo noted that the emergency management structure is a very
intimate and unified command structure of emergency management. He added
that he deals with counterparts at the State agency level, who deal with
counterparts at the Federal agency level and guidance, policy and grant monies
come down to the local level from the Department of Homeland Security and
Federal Emergency Management Agency. He cited that declarations of
emergency and resource sharing for events are handled very smoothly, and in
an emergency, it is essential that the plans and everything be documented, with
a level of comfort existing in coordinating the resources and implementing the
plans. He advised that since 9/11, the relationship between the local, state and
federal counterparts are very important; emergency management is trying to
manage a particularly chaotic event, and the definition has always included the
four phases of emergency management: preparedness, mitigation, response
and recovery. He reviewed the following information:
Preparedness - It is very important to get the word out to the public
as quickly as possible so that people are prepared to take care of
themselves for the first 12 hours because the local level should not
expect response from the State level for 24 hours, and from FEMA
for 72 hours, therefore local governments will need to take care of
life safety, securing the infrastructure, clearing roadways for
emergency vehicles, and make sure utilities and central services are
maintained.
Mitiqation - Preventing the disaster, i.e., buying the flood prone
houses, elevating structures, flood reduction projects, putting
gates over flooded roadways to prevent motorist from driving
through flooded areas, all of which should be ongoing, before,
during and after the disaster.
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Response - Exercise, drill and practice, not just with the City, but
with valley jurisdictions, State and often times with federal partners
in doing joint exercises.
Recovery - The longest effort and biggest difficulty, i.e., debris
management, reimbursement to families, temporary shelter,
equitable housing and relocation efforts.
Although emergency management is an office of one, during a
disaster or an emergency event everybody has a role, everybody
will need to step up to the plate: public works, fire/EMS, police,
general services and finance to name a few, everyone will need to
participate to make it an effective system for all hazards. Pre-
hurricane Fran, pre-hurricane Floyd and 20 years ago was Civil
Defense was the emergency management during the Cold War, and
Hurricane Floyd and September 11 really capped the all hazards
approach, and so emergency management as a profession has
been pushing the all hazards approach for a long time and federal
support is really behind the effort and funding is being provided.
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Hazard analysis - Everything can affect the Roanoke Valley;
however, there are no nuclear facilities as yet.
Emergency Operations Plan really drives the City's
response/recovery efforts; contains the guidelines, procedures and
policies that were initiated upon the local activation or declaration
of an emergency; a plan has been derived to handle all hazards,
every department has a function in the emergency operations plan
during a hazard; operations plan is updated at a minimum of every
four years per State Code and approyed by City Council, and is
currently being updated and a draft plan will be brought to Council
within the next month for review.
Emergency Management Function - Command structure with State
counterparts includes conference calls, close relationship with
National Weather Service enables City to better identify, plan and
coordinate use of resources; e-mail information sharing every 12
hours with weather updates and what the City's course of action
will be; and if area unaffected by emergency, make resources
available state and nationwide.
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Emergency Operations Center (EOC) is a facility used for the
centralized direction and/or coordination of emergency operations;
located in Room 150 of the Noel C. Taylor Municipal Building, and
an alternate site has been established at the County Public Service
Building, and suspect the new Fire and Administration Building will
be the alternate EOC; proposed levels of activation: (1) alert key
staff (phone/e-mail) situation reporting and information gathering
in-house and on state level, (2) limited activation of EOC with key
staff situation reporting, (3) 1 2-hour limited activation of EOC with
key staff, and (4) 24-hour activation of EOC.
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Powers and duties of local government is contained in Title 44:
Chapters 3.2-3.5 of the Code of Virginia (1950), as amended, each
political subdivision shall have a Director of Emergency
Management, prepare and keep current an emergency operations
plan for its area, and annually provide the State Coordinator an
updated emergency management assessment. Each political
subdivision may declare a local emergency, control and regulate
resources, suspend normal procurement procedures and develop
mutual aid agreements.
City Update - peer assessment conducted in May 2006 by City of
Lynchburg on the City's preparedness, and these are some of the
short falls they identified: Updating shelter plan, securing grants
for shelter retrofit, revising City Emergency Operations Plan,
creating continuity of Operations Plan, developing Pandemic (Avian)
Flu Plan, creating animal shelter plan (regional), implementing
federally mandated national incident management system into EIP,
Airport mass fatality multi-agency/multi-jurisdiction exercise, and
September is National Preparedness Month, National Weather
Service is planning to conduct a town hall meeting at the Civic
Center and present slide shows, discuss hurricanes, severe
weather, and will hand out door prizes. There will be a community
outreach with the American Red Cross within the next week.
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Disaster Response in the Commonwealth of Virginia:
(1) Disaster occurs - Local First Responders; Local Resources
Exceeded; Local Emergency Declaration (City Manager/
Emergency Manager)
(2) Request for assistance - Virginia Emergency Operations Center
(3) Aid to local government
(4) State of Emergency Declared - Virginia Department of
Emergency Management; State Resources Exceeded
(5) Presidential Declaration Request - Secretary, Department of
Homeland Security
(6) Aid to Local Government - FEMA/Federal Agencies JFO.
filed.
There being no questions or comments, the briefing was received and
Town Sauare
Mr. Jamison referred to copies of the project plans and updated Council
on the project to reconfigure and signalize the entrance to the Roanoke
Regional Airport at Thirlane Road, N. W. He advised:
· left-turns will be allowed out of Towne Square
· plans are 60 per cent completed
· entrance at Sam's will change
· an entrance into Golden Corral at Rutgers will be closed
· the proposed radar site will require the City to acquire about 10 to 15
feet of right-of-way from the Airport to widen the road to the south, a
sidewalk to be constructed across Airport property to the traffic signal
that has been installed for several years.
Mr. Jamison stated that changes will provide an area for Airport security
to pull vehicles off the road if an inspection of the vehicle is necessary. He
added that the high speed entrance ramp at Hershberger Road needed to have
the bank lowered which will lessen some confusion with regard to the right-of-
way; and the high speed entrance could be modified to a right-turn entrance
which would control the speed as the vehicles enter the area. He advised that
he would be meeting with Airport staff to share the information and to address
concerns or issues regarding the proposed changes; and subsequent to that
meeting, he will also meet with private businesses. He remarked that funding
is an issue, that the City applied and received $335,000.00 from VDOT as part
of a revenue sharing program. He explained that the City received initial
estimates last year at the concept stage of $1.3 million; the City still has a short
fall of money, with construction costs having skyrocketed in the last year by
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about 30-40 per cent; the consultant is in the process of developing estimates
which should be available within the next couple of weeks; and the City will be
looking to the private businesses and Airport Commission to participate in
funding the project as they stand to benefit from the improvements.
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The City Manager stated conversations have taken place with a majority
of property owners, which were very positive toward participating in funding
the project, but a better design and cost estimate will be needed before they
would be willing to make a commitment; and there is a lot of potential in
connecting the three shopping centers with as much ease as possible, plus
promoting a better entrance to the Airport.
There being no further comments, the briefing was received and filed.
1-581 Landscape:
Robert K. Bengtson, Director of Public Works, stated Council had
previously been briefed on VDOT's comprehensive roadside landscaping
program, which provides an opportunity to enhance the landscaping along the
1-581/U.S. 220 corridor. He advised that two local private agencies want to
participate in the program by donating funds to get the landscaping in place:
. Lamar Outdoor Advertising offered to contribute $20,000.00 for I
landscaping the outer edge of the ramp at Orange Avenue. The
$20,000.00 amount is the minimum contribution for which a six-foot
by two-foot acknowledgement sign is given recognizing the donor for
placement at a particular location.
. Cycle Systems, Inc., is interested
Anniversary and has offered a plan
Avenue and the ramp for Route 220.
in commemorating its 90th
for landscaping along Wonju
He advised an open forum public hearing for receiving citizen input will
be necessary sometime near the end of September; plans will be brought back
in October for Council's endorsement and acceptance of donations from the
two organizations; with a goal to begin planting in the Fall. He advised that the
City of Lynchburg pioneered the program on their own, without VDOT approval,
and once they started, everybody wanted to participate.
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The City Manager stated some publiCity could possibly help get other
businesses interested in making donations to the program.
Council Member Trinkle asked if there was a local program with
information that lists sign sizes for specific donations, and explains what
people would get for certain donations so that there is some consistency:
whereupon, Mr. Bengtson advised the City's program would mirror what VDOT
has implemented. As an example, he noted that the value of landscaping
proposed to be donated by Cycle Systems, Inc., thus far would be in the
$50,000.00 to $60,000.00 range, with some of the landscaping being on their
own property.
Council Member Mason asked if the City would be responsible for
maintaining the landscaping; whereupon, Mr. Bengtson responded in the
affirmative.
Council Member Dowe stated that there may be opportunities for
volunteering and donations, and agreements could be entered into with these
entities regarding the landscaping. Mr. Bengtson advised that the signs for
Lamar Outdoor Advertising and Cycle Systems, Inc., would be allowed to remain
in place for five years; another donation of the same amount of cash for
another five years, with a maximum of ten years; and the landscaping itself
would remain in place. He added that the City still has the "Adopt-A-Highway"
program for local street systems and parks.
There being no further comments, the briefing was received and filed.
Pod Castina:
The City Manager stated that City Council meetings were being pod cast
and could be watched all over the world. Sheila Umberger, Director of Libraries,
stated the pod casting idea came from thinking of ways to attract teenagers
into the libraries and looking at the world from their viewpoint. She explained
the term pod cast comes from combining the words I-Pod and broadcast, and
recordings are digitally loaded onto the webpage so it can either be
,downloaded onto a computer or to an I-Pod or MP3 device. She approached the
City's Department of Technology with the idea for a pilot program, and started
by loading some of the pod casts for the libraries summer reading program,
which consisted basically of fairy tales, which worked very well with regard to
copyright issues because the pod cast recordings were actually within public
domain. She noted that some recordings were done in Spanish and French. In
the future, she would like to actively involve teenagers in creating the pod casts
and perhaps conduct interviews with teenagers regarding their own music or
their own books, making them celebrities among their peers, and making the
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library a cool place to visit. In addition, the libraries plan to start an author
series and will conduct interviews with authors and a review of their books.
She mentioned that the libraries are considering coordinating
instructional activities with the school system, i.e., something in a foreign
language, whereby students can download information off the website to use as
a learning tool. She introduced Aaron King, Automation Coordinator, Kathy
Carter, Youth Coordinator, and Amber Yopp, Library Associate I. Ms. Yopp
demonstrated how to access the pod cast information on the Internet from the
Library website (http://www.roanokeva.gov/DeptApps/Podcasts.nsf), and some
examples were in foreign languages. Ms. Umberger stated that exhibits will be
displayed at the Henry Street Festival, and will be used by the Virginia Room
staff to do oral histories, and at the Raleigh Court Anniversary celebration. She
indicated that the technology could be a great marketing tool for the City of
Roanoke.
At 11 :15 p.m. the Mayor declared the Council meeting in recess to be
reconvened for a joint meeting of City Council and Congressman Robert W.
Goodlatte.
At 12:30 p.m., the Council meeting reconvened in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of the
Council in attendance, Mayor C. Nelson Harris presiding.
The Mayor advised that the purpose of the meeting was to meet with
Congressman Bob Goodlatte to discuss matters of mutual interest and concern
to the City of Roanoke. On behalf of the Members of Council, the Mayor
welcomed Congressman Goodlatte and Pete Larkin, District Director, to the
meeting.
The following is a summary of Congressman Goodlatte's remarks:
. Continue to monitor the Roanoke River Flood Control Project,
including funding and greenway components (FY 2007 Energy And
Water Appropriations Act includes $8.3 million, latest Federal
installment) (relocation of the National Guard Armory on Reserve
Avenue may not occur for six or seven years, but efforts will be made
with the Department of Defense to determine what can be done to
expedite the schedule.) (Note: Planned talks with Cox Communications
to expand on novozymes support for greenways);
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. Continue to monitor developments related to Interstates 81 and 73
($2.2 million in transportation equity and right-of-way acquisition); I
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. Continue to monitor the Heartland Corridor Project, particularly as it
relates to a possible Roanoke Valley Intermodal Facility; continue to
work closely with Norfolk Southern Corporation on the proposed
intermodal facility. Regardless of the outcome of the facility,
significant improvements will need to be made to Interstate 81;
continue to work with the State and Federal governments to find more
general transportation resources, and some project scale back is
expected because of funding issues;
· House approved $180,000.00 in the FY 2007 Transportation,
Treasury, HUD and D-C Appropriations Act for improvements
(upgrades to stalls, awnings and lighting to the Roanoke City Market
Building);
· The Federal Aviation Administration was contacted in hopes of
assisting Roanoke Regional Airport in expediting replacement of the
radar system which could free up space for other uses;
· Continue to monitor developments with regard to keeping the Social
Security Administration Offices in downtown Roanoke;
· Continue to secure funding for the Old Virginia Railway Station
renovation project, which has experienced some planning delays, and
encouraged, the City to work with the Historic Preservation
Commission; and
. Continue to be available to promote the qualities of the area for the
purposes of economic development.
Council MemberFitzpatrick advised that some of the appropriations were
not at a point where they can be utilized for the Virginia Railway renovation
project, and asked if there was some way to expedite the release of grant funds
to the National Railway Historical Society in order to stabilize the building;
whereupon, Congressman Goodlatte stated that he would contact the State and,
if necessary, the Federal level to try to expedite funding.
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Council Member Wishneff asked Congressman Goodlatte to inquire about
funding for the O. Winston Link Museum project because monies had to be
borrowed to complete the work and funds were needed to payoff the loan;
whereupon, Congressman Goodlatte responded that it is impossible to receive
federal appropriations in a large amount to service a debt. He noted that
representatives for the museum project have returned seeking funding for
several additional projects, and those requests have been accelerated so that
one-third to one-half of the funds may still be appropriated.
Council Member Mason inquired about the lifting of the Outer
Continental Shelf Moratorium on drilling; whereupon, Congressman Goodlatte
stated that development of new technology to drill and recover offshore has
greatly reduced environmental risks, and much has been said about who would
reap the rewards of the oil found offshore; the breakthrough for lifting the
moratorium occurred when key States of Louisiana, California and Florida
reached an understanding with Congress as to how the money would be
allocated, and each state will be able to determine whether to allow offshore
drilling. He further stated that there are still protections available for areas that
may be too sensitive. Overall, he considers this a good way to approach the
issue of badly needed energy resources and still afford measures for coastal
protection and safety. Council Member Mason further inquired about funding
for disabled students (lVEA funding); whereupon, Congressman Goodlatte
advised that he served on the Education Committee and would investigate the
matter, adding that although the district has never received the authorized
Federal share, steady progress has been made.
Regarding the Blue Ridge Parkway, Congressman Goodlatte stated that
Roanoke has the highest population and the lowest elevation area along the
469 miles of the Parkway, and it has the greatest development potential. He
added that efforts have been made to purchase certain tracts of land, but
because of rising land values, primarily in Roanoke County, there has been
some difficulty in purchasing land for parkway use at a lower price as opposed
to a higher price for developers. He advised that he is focusing on issues that
impact the parkway through the Roanoke Valley other than vehicular traffic,
that various groups have requested trail access for hiking and biking, which
have resulted in the parkway's development of an action plan that will require
considerable funding. He further advised that he has worked with the
Appropriations Committee for specific targeted requests, including repair work
on certain overpass bridges in preparation for repainting; and Interstate 73 will
impact access to the Parkway and he believes any access would need to be
maintained with a side road rather than directly off an Interstate highway.
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Council Member Dowe stated that there had been recent conversation
about the NBA basketball league revisiting this part of the State and inquired if
there was anything he could suggest that would enable the area to be more
competitive in the sports and entertainment industry; whereupon, Congressman
Goodlatte responded that he would be interested in helping, and noted that fan
participation and government cooperation were critical parts for attracting that
type of industry.
Council Member Wishneff stated that he would like to see an expansion
of six lanes on Interstate 81 rather than additional interchanges, and inquired
about the status of the project; whereupon, Congressman Goodlatte advised
that the matter was in the hands of State legislators, and they would be
studying the issue from a standpoint of what can be done with available limited
resources. Additionally, he commented that he was successful in getting a
$141 million federal appropriation specifically targeted for Interstate 81 and
efforts will be made to address some of the higher volume and more dangerous
areas by constructing a third or passing lane.
Council Member Wishneff also inquired about the role agriculture would
play regarding energy and whether there is an opportunity for Roanoke to
participate; whereupon, Congressman Goodlatte stated he felt agriculture
would playa rapidly increasing and significant role in creating new sources of
domestic energy, the country has doubled its capaCity to create ethanol in the
last two years, and because of the number of plants currently under
construction, said number will double again in the next two years. He stated
that in the future, "switch grass" will be used in cell uloses ethanol technology to
produce three or four times as many gallons of ethanol, per acre, as corn; and
there are two cellulose plants under construction in Georgia and the southwest
which will commercially revolutionize the way the country produces energy to
help reach the country's goal of producing 25 percent of its fuels from
domestic renewable resources within the next 15 - 20 years. He further stated
that his interest extends to forest products or wood waste which can be used in
celluloses technology, along with developing energy from poultry waste, or any
other energy technology that would help reduce the country's dependence on
foreign sources of energy and reduce the environmental impact. He
emphasized that if there was enough agricultural production in this region,
there could be an opportunity to have a plant and major distribution center
located in the area. He also noted that Walmart is considering launching a
project to have ethanol available at all their stores.
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Council Member Fitzpatrick expressed appreciation for the leadership
and assistance of Congressman Goodlatte, stating that the area was fortunate
to have him serve on the Agriculture Committee because the changing times
has tremendous implications for the region that most citizens have not yet
begun to understand. The cell uloses technology could change the lives of so
many, and partnerships are vital in the future welfare of the region.
The City Manager stated that the renovation/replacement of the Martin
Luther King, Jr. Bridge would occur this month and expressed appreciation to
Congressman Goodlatte for his efforts in getting Federal funds that not only
helped renovate the bridge, but allowed for the necessary improvements that
will recognize the contributions of Dr. King. She further stated that she too
share a growing concern of urban areas across the country regarding federal
requirements on building site location setbacks and the trend toward security
fencing for certain public buildings and asked that he and his staff continue to
keep an eye on the issue, because she is of the opinion that public buildings,
whether local, state, or federal, need to be accessible to the public, especially
since public transportation for the most part is limited within the City and a
small part of the City of Salem. She noted that the region continues to have
limited access to communities which is primarily through the road structure,
since there is no passenger rail service and limited air service, and she
encouraged the Congressman to keep the City in mind for opportunities to
improve the air service. Congressman Goodlatte stated that he has supported
the City's bid to get funds for assistance to the Roanoke Regional Airport. He
was aware of the cost competitive issue in getting a low fare carrier, and that
Roanoke is competing with someÎarger airports for service. He remarked that
passenger rail service would have to primarily come from the State, and he has
worked closely with Senator William Wampler, Congressman Rick Boucher and
others to get legislation adopted that requires Amtrak to participate in the
TransDominion Express, the proposed passenger rail service in this part of
Virginia, which would require that both railroads in the area, CFX and Norfolk
Southern Corporation, provide rights-of-way for Amtrak to get involved. He
stated that it was the intention of Congress to have help with Federal funding
for the rolling stock, but given Amtrak's current status, it does not look very
promising for them to take over a new significant route in this part of the State.
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The Congressman advised that there is some flexibility with regard to the
security for protecting employees and citizens using buildings, such as the
Social Security Building, and considering the current world environment,
Congress will work to have an open plaza, but restrict trucks from getting near
the facilities. The City Manager stated that there was no requirement for
fencing at the Social Security Building, but in the case of the Drug Enforcement
Administration (DEA) Building, there is a requirement for a 100-foot setback
with fencing which negates any downtown location for consideration, and she
voiced her concern that this may have a snowball effect.
There being no further discussion and/or comments by the Members of
Council, the Mayor expressed appreciation to Congressman Goodlatte for his
efforts on behalf of the City of Roanoke.
At 1 :20 p.m., the Mayor declared the meeting in recess for one Closed
Session.
At 1 :25 p.m., the Council meeting was reconvened with all Members of
Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Vice-Mayor
Trinkle 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 Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s -n---nn.n__nnnn__.__nnnn_.unn__nn_____n__n__nnnnnn____-00-----00007 .
NAYS: Non e 0000 - hnnn__ nhnn__n ___n_hnn_____ _hn_n._ ___00.00_000000 n_h_nnnnnn_O.
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor
advised that the expiration of the terms of office of Thomas G. Powers, Calvin
Johnson, and Debbie Conner will expire on September 30, 2006; whereupon, he
opened the floor for nominations to fill the vacancies.
276
The names of Juan D. Motley and Thomas G. Powers were placed in
nomination.
There being no further nominations, Mr. Motley was appointed and Mr.
Powers was reappointed as members of the Roanoke Civic Center Commission
for terms ending September 30, 2009, by the following vote:
FOR MESSRS. MOTLEY AND POWERS: Council Members Trinkle, Wishneff,
Dowe, Fitzpatrick, Lea, Mason and Mayor Harrisnmmmnnmm___hnmnmnnmn7.
NAYS: No n e mnn_mnnnn_nn_nnnn_nn mnnmnnn_nnnnUnnn_nnnnm 00-000.
At 1 :35 p.m., the Council meeting was declared in recess to be
reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
At 2:00 p.m., on Monday, September 5, 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 David B. Trinkle, Brian J. Wish neff, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and
Mayor C. Nelson Harris mmmmmmnmmnmm_mmm_mnnmmmmm_mnnnnn7.
ABS E NT: Non e _nunn_nn__.nn_un_______nn______nnn________nnnnnn___nn___---000.
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; and Stephanie M. Moon, Deputy City Clerk.
The invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
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PRESENTATIONS AND ACKNOWLEDGEMENTS:
CITY CLERK-ACTS OF ACKNOWLEDGEMENT: Council Member Fitzpatrick
offered the following resolution paying tribute to Mary F. Parker, City Clerk:
(#37519-090506) A RESOLUTION paying tribute to Mary F. Parker, City
Clerk for the City of Roanoke, and expressing to her the appreciation of this
City and its people for her exemplary public service.
(For full text of resolution, see Resolution Book No. 70, Page 503.)
Council Member Fitzpatrick moved the adoption of Resolution No.3 7519-
090506. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s nh____oon_m m_nnnOOnnnnm m_nun__oonnnnnnun_nmn_n_n_hnn7 .
NAYS: No n e n_nn_nnnn_hnn_n_nn mnhnn_nnnnnn_hnn.nmnn_hnnnmnnO.
PROCLAMATIONS: The Mayor presented a proclamation to M. Rupert
Cutler, Chair, and Sharon Mougin, Project Manager, 9/11 Five Year Memorial
Committee, declaring Sunday, September 10, 2006, as Roanoke Regional 9/11
Memorial Service Day.
PROCLAMATIONS: The Mayor presented a proclamation to Mike Guzo,
Emergency Management Coordinator, declaring the month of September, 2006
as National Preparedness Month.
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGMENT: The Mayor advised
that a Certificate of Achievement for Excellence in Financial Reporting has been
awarded to the City of Roanoke by the Government Finance Officers Association
of the United States and Canada for its comprehensive annual financial report,
which is recognized as the highest form of recognition in the area of
governmental accounting and financial reporting and its attainment represents
a significant accomplishment by a government and its management.
He presented certificates and plaques to Dawn Hope, Manager of
Accounting Services, and Harold Harless, Jr., Retirement Accountant.
278
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.
CITY COUNCIL-LEASES: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, September 18,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to the request of Francine Barish-Stern Bray, d/b/a Creations, to lease
284 square feet of space located in the City Market Building, 32 Market Square,
was before the body.
Council Member Mason moved that Council concur in the request. The
motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: ,
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayor H arri s mnn_nnnn_nnnnn_mnn_n__nn_n.nn_n_nnnn_n_nn__nnn_nnnnn7 .
NAYS: Non e nm - - mn_nn_nn___nnnn_ 00 mnn_nnnn__nnnn mnnnn__n_nnnnnO.
BUDGET-CITY COUNCIL: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, September 18,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
consider adjustments to the 2006-2007 Annual Budget, was before the body.
Council Member Mason moved that Council concur in the request. The
motion was seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayo r Harri s nnnn_nnmnnnnnnonh__nm - - mn_n_nn_nnnnnnnnn_nnn_m 00__00 7 .
NAYS: No n e _00______ -- ______000000_00__________0000______0000______00_0000.0000_00________0000_--·-0.
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OATHS OF OFFICE-COMMITTEES-PERSONNEL
ARTS COMMISSION-LAW LIBRARY-YOUTH: A report
following persons, was before Council:
DEPARTMENT-ROANOKE
of qualification of the
Wilburn C. Dibling, Jr., as a member of the Roanoke Public Library
Board, for a term ending June 30, 2009;
George A. Kegley as a member of the Roanoke Arts Commission,
for a term ending June 30, 2009;
William L. Lee as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 2009; and
Michael E. Smith as a member of the Youth Services Citizen Board,
for a term ending May 31, 2009.
Council Member Mason moved that the report of qualification be received
and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s __n_____nnunnnnn_____nnnn_n___nn____hn_nn________hn________moo_un 7 .
NAYS: Non e mn___nn_nnn m_n_nnnnnmnhuunnnn_nh_nnn_nnnnhn_nnn_O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS:' The Commonwealth's
Attorney submitted a written communication recommending acceptance of
Multi-Jurisdictional Special Drug Prosecutor Grant funds, in the amount of
$100,093.00.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written communication concurring in the
recommendation of the Commonwealth's Attorney.
280
Vice-Mayor Trinkle offered the following resolution:
I
(#37520-090506) A RESOLUTION authorizing the acceptance of funding
for the Regional Drug Prosecutor's Office from the Compensation Board of the
Commonwealth of Virginia and authorizing the acceptance, execution, and
filing of appropriate documents to obtain such funds.
(For full text of resolution, see Resolution Book No. 70, Page 504.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37520-090506.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayo r H arri Snnnnnnnn__nn.nnn_nnnnnnnnnnnnn___nn_nnnnnnnnnn.__nn 7.
NAYS: Non e n_nnnnn_nn__nn.nUn_nnnnnnmnn·n__nn___unn_m n.nnnnnnO.
Council Member Dowe offered the following budget ordinance:
(#37521-090506) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending I
and reordaining certain sections of the 2006-2007 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 505.)
Council Member Dowe moved the adoption of Ordinance No. 37521-
090506. The motion was seconded it by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s _nnnn.n.nn_m mnnn__nnnnn mnn_nnun_ mnn_nnnnn__nnnnnn7 .
NAYS: No n e n_n____nnn_nn__nn.nn 00 m m.nnn__m_nnnn__n.nnnnnn mnnn__O.
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BUDGET·COMMONWEALTH'S ATTORNEY-GRANTS: The Commonwealth's
Attorney submitted a written communication recommending acceptance of
Victim/Witness Grant funds, in the amount of $11 5,117.00.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written communication concurring in the
recommendation.
Council Member Dowe offered the following resolution:
(#37522-090506) A RESOLUTION authorizing acceptance of a
Victim/Witness Assistance Program grant from the Commonwealth of Virginia
Department of Criminal Justice Services, and authorizing execution of any
required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, Page 507.)
Council Member Dowe moved the adoption of Resolution No. 37522-
090506. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri 5n--m mnnnhn____m - mn_n.n.n·nnnm m_h.oonnnn_m m.nnh__.n_n7 .
NAYS: No n e 00--- n._n_..._n_____noo____hn_._._n____nnnn..._m________nhnn0000-------0.
Council Member Dowe offered the following budget ordinance:
(#37523-090506) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Victim Witness Program Grant, amending and
reordaining certain sections of the 2006-2007 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 508.)
Council Member Dowe moved the adoption of Resolution No. 37523-
090506. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r Harri Snn_m noonnnmnn_h.nn.n_mnnh__.nm nhnnn_nnnn.n·n_m m-nn7 .
NAYS: No n e ·m - .nnn·nnmn.n.__nm hnnn.mn_nhnn.n_n.nn.nm mnhnn_mO.
282
BUDGET-CITY REGISTRAR-EQUIPMENT: The Roanoke City Registrar
submitted a written report on behalf of the Roanoke City Electoral Board,
requesting approval of a temporary emergency change in the polling place from
Covenant Presbyterian Church to Windsor Hills United Methodist Church.
I
(For full text, see report on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37524-090506) AN ORDINANCE temporarily changing the polling place
for Lee·Hi Precinct from Covenant Presbyterian Church, 1831 Deyerle
Road, S. W., to Windsor Hills United Methodist Church, 3591 Windsor
Avenue, S. W.; and dispensing with the second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 509.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37524·
090506. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayor Harris_____nmmmnm_mmmnm_mmm__mnmnmumnmmmmnm_mn7. I
NAYS: No n e mnnnnn_.__hn.__nnhnn mn_nnnnn 00 _nnnnnnnn.n.nnnnnnn_O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY PROPERTY-FLOOD REDUCTION/CONTROL: The City
Manager submitted a written communication recommending acceptance of
Western Virginia Workforce Development Board Workforce Investment Act funds
for Program Year 2006, in the amount of $175,176.00.
(For full text, see communication on file in the City Clerk's Office.)
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(#37525·090506) A RESOLUTION authorizing the City Manager to execute
the Grant Agreement with the Virginia Employment Commission for Program
Year 2006 in order for the City to continue as the grant recipient of funding for
the Workforce Investment Act for Area 3.
(For full text of resolution, see Resolution Book No. 70, Page 511.)
Council Member Dowe moved the adoption of Resolution No. 37525-
090506. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s n________.oooo..nn____n_____.__.n_.nn_____nn_oo..._____m__-.0000._0000__000000__7 .
NAYS: Non e h.oo.nn___nn____nh...oo._____nn__...oooon_______nhn_._nn____00__00000000.0.
Council Member Dowe offered the following budget ordinance:
(#37526-090506) AN ORDINANCE to appropriate additional funding from
the Commonwealth of Virginia for the FY07 Workforce Investment Act Grant,
amending and reordaining certain sections of the 2006-2007 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 512.)
Council Member Dowe moved the adoption of Ordiannce No. 37526-
090506. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri Soooonnmh.oooonn_mn_hoooonm m_hoooo·nn_nn_h·n_nn n__h.nnnnhn.7 .
NAYS: No ne ________.oonn____n__hn_______nnn._nnn___.oooo__n______.oo_____- n--h·______O.
HUMAN DEVELOPMENT: The City Manager submitted a written
communication recommending the acceptance of a $425,452.00 subaward
from Virginia Commonwealth University in connection with Virginia Institute for
Social Service Training Activities (VISSTA).
(For full text, see communication on file in the City Clerk's Office.)
284
(#37527-090506) A RESOLUTION authorizing the acceptance of a
subaward in the amount of $425,452.00 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.
(For full text of resolution, see Resolution Book No. 70, Page 515.)
Council Member Mason moved the adoption of Resolution No. 37527-
090506. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri Sn.h.nn.nnn mnn_nmnnnhh__nnnnn mnnn·nnn_nnnn - mnnnnn7 .
NAYS: No n e _nnn.n.n__nn_m mnnnn·nnnnnn_ mn_nmn.nnnm 00 mnnnn.n·O.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of July 2006.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
VIRGINIA MUNICIPAL LEAGUE: Vice·Mayor Trinkle offered the following
resolution designating Council Member Dowe as the Voting Delegate and
Council Member Mason as the Alternate Voting Delegate in connection with the
Virginia Municipal League Conference on October 17, 2006, in Virginia Beach,
Virginia:
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(#37528-090506) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Session and meetings of the
Urban Section of the Virginia Municipal League and designating a Staff Assistant
for any meetings of the Urban Section.
(For full text of resolution, see Resolution Book No. 70, Page 516.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37528-090506.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri S-n-hnnnnn_nnnnn_nn.nnnnnnn_h______nnmn__n.h.n_nnnmnnn7 .
NAYS: Non e _n__nnn____n____nn_____nnh....__n________n_n.__n_____n____0000-.--00_____0.
CITY CLERK: Council Member Mason offered the following resolution
electing and appointing Stephanie M. Moon as Acting City Clerk for the City of
Roanoke:
(#37529-090506) A RESOLUTION electing and appointing Stephanie M.
Moon as Acting City Clerk for the City of Roanoke, effective September 9, 2006,
and setting forth the terms and conditions of employment for Ms. Moon as
Acting City Clerk.
(For full text of resolution, see Resolution Book No. 70, Page 517.)
Council Member Mason moved the adoption of Resolution No. 37529-
090506. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s-m--.nnn_____n_ooh__n_____nnh....n________..___nnnn__nun--0000----00..007 .
NAYS: None _h____nn___oo__···__n ------0000·0000--0000--..--.----- 0000__..___00___0000.._0000___0.
MOTIONS AND MISCELLANEOUS BUSINESS:
286
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT: Council Member Lea expressed
appreciation to the Members of Council and the City Manager for their support
and contribution of the Western Virginia Education Classic which was held on
Thursday, August 31, 2006, at Liberty University in Lynchburg, Virginia. He
stated that approximately 8,500 spectators attended the event.
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.
COMPLAINTS-SIGNS/BILLBOARDS/AWNINGS: Ms. Pat Gordon, 4958 Yellow
Mountain Road, expressed concern with regard to the speed limit signs located
at 9th Street and Buena Vista Avenue, S. E. The matter was referred to the City
Manager for appropriate resonse.
CITY MANAGER COMMENTS: The City Manager commented that
approximately 1,000 fans and citizens were in attendance at the Virginia Tech
Pep Rally Kick-off for the 2006 Virginia Tech Football Season which was held on
Friday, September 1, 2006, at the Hotel Roanoke & Conference Center.
There being no further business, the Mayor declared the Council meeting
adjourned at 3:00 p.m.
APPROVED
ATTEST:
c,~J~tJ;~
c. Nelson Harris
Mayor
~h;·hJo~
Stephanie M. Moon
Acting City Clerk
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ROANOKE CITY COUNCIL
September 18, 2006
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 18, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 37467-070306 adopted by
the Council on Monday, July 3, 2006.
PRESENT: Council Members Brian J. Wish neff, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea, David B. Trinkle and
Mayo r C. N e I son Harri Snmnmnnnmmnmmhnmmmmmnnmmmmmm__h__mn6.
ABSENT: Council Member Gwendolyn W. Mason mmmmm._.nnnmmnml.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy R.
Spencer, Assistant City Attorney; Jesse A. Hall, Director of Finance; and
Stephanie M. Moon, Acting City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
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. The Mayor called attention to three requests for
closed session.
288
MINUTES: Minutes of the regular meetings of Council held on Monday, I
June 5, 2006, Monday, June 19, 2006, Monday, July 3, 2006, and Monday,
July 17, 2006, were before the body.
Council Member Dowe moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Vice·Mayor Trinkle and adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Lea, Trinkle and Mayor
H ar ri s --- - - - - - - - - - - - - - - - - - - nn_nnn..u 00 00 0000 - - - - - - - 00 - - 00 00 00 00 _ _ 0000 00 00.. - nnoo n - - 00 - - - - - - - - - - - - - - 0000 - - 5 .
NAYS: Non e -00 - 0000 00 00 - 00-0000 00 -00. h __ ___nnnnnn nn 00 - - - - - - - - - - - - - - - - - 00 - _.... __.. - 00 0000- - O.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
COMMITTEES-ARCHITECTURAL REVIEW BOARD-CITY COUNCIL-INDUSTRIES-
BUILDINGS/BUILDING DEPARTMENT-YOUTH-TOWING ADVISORY BOARD: A
communication from Mayor C. Nelson Harris requesting that Council convene in
a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2·
3711 (A)(l), Code of Virginia (1950), as amended, and more specifically to
consider appointments to the Local Board of Building Code Appeals, Roanoke
Civic Center Commission, Towing Advisory Board, Youth Services Citizen Board,
Architectural Review Board, and Industrial Development Authority, was before
the Council.
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Council Member Dowe moved that Council convene in Closed Session as
abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Lea, Trinkle and Mayor
H a rri s - -..-.000000- nn 00 00 - 00 __ 0000__. - 00 - - 00-00 - - - - n'n·unn - - - - - - - - 00 00 00 n' __ 00 00.. - - - - - - - - 00 - - 00 00 no' -- - - 5 .
NAYS: Non en_._______________nn....nn_n_n__________n__oo.___n_____---------.00.00..--··----0.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor C.
Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year, pursuant to Section 2.2-3711 (A)(l 0), Code of Virginia
(1950), as amended, was before the body.
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Council Member Dowe moved that Council convene in Closed Session as
above described. The motion was seconded by Vice·Mayor Trinkle and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Lea, Trinkle and Mayor
H ar ri s· .00n....' 00....· -..... 00.... __..0000....00. .00.00··00 00 00.. __00 .00.000000. 0000 00..00.... 0000 00..... --- --.. 5 .
NAYS: No n e .u·.nn.nn.oo··.nnnnnnnn......n__n·oo.n...n.·n.......nn.....00.00..00__0.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
CITY CLERK·CITY COUNCIL: A communication from Council Member,
Alfred T. Dowe, Jr., Chair, Personnel Committee requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
Council Member Dowe moved that Council convene in Closed Session as
above described. The motion was seconded by Vice·Mayor Trinkle and adopted
by the follOWing vote:
AYES: Council Members Wishneff, Dowe, Lea, Trinkle and Mayor
H a rri s --. __00 00 n. .nnUn 00.00 00 00 .000000..... n. .00.__ -- noon...... 00 '000000__0000 0000 0000 00 nnh__ 00 0000.... 5 .
NAYS: Non enn__n.nnn....n.nnn..nnn.___.oonn..nnnnn.___nn.nnnn..__..nn,000.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
CITY COUNCIL·COUNTRYSIDE GOLF COURSE: 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 Section 2.2·3711 (A)(3), Code of Virginia (1950), as
amended, and more speCifically to consider the disposition of the City's
Countryside property, was before the body.
Council Member Dowe moved that Council convene in Closed Session as
abovedescribed. The motion was seconded by Vice·Mayor Trinkle and adopted
by the follOWing vote:
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AYES: Council Members Wish neff, Dowe, Lea, Trinkle and Mayor I
H ar r is· n. - - - - - -- 00 - nn. __ 00 _ - - 00 nn - - nu_ _ _ _ _nnnnn _. -000000- nn__ - -... _ _ 00 _ _ _ _ _ - - - .uunnn. nn --... - 5 .
NAYS: Non e 00 00 _no __ ·0000 - noon 00.00.-.0000 - - - 00 00 00 __ __ 00 00 - - 00 - n_ 00 __ _ - - - - 00 00 00 _h__' Un - - 00 nO.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
OATHS OF OFFICE-CITY CLERK-COMMITTEES·HOUSING/AUTHORITY-
ROANOKE CIVIC CENTER COMMISSION-FIFTH PLANNING DISTRICT COMMISSION-
VIRGINIA ALCOHOL SAFETY ACTION PROGRAM-TOWING ADVISORY BOARD:
Report of qualification of the following persons was before the Council.
Stephanie M. Moon as Acting City Clerk of the City of
Roanoke, effective September 9, 2006;
A. L. Gaskins as a member of the Regional Virginia Alcohol
Safety Action Program Policy Board, for a term ending
June 30, 2008;
William D. Bespitch as a member of the Roanoke Valley
Allegheny Regional Commission, for a term ending June 30,
2009;
I
Harold F. Wallick, Jr., as a member of the Towing Advisory
Board, for a term ending September 30, 2009;
Juan D. Motley as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2009; and
Christie M. Wills as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending
August 31, 2010.
Council Member Dowe moved that the report of qualifications be received
and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
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AYES: Council Members Wishneff, Dowe, Lea, Trinkle and Mayor
H arri s - 00 --.. h -- - - - - -00 - - - - - - - 00 - 00 - - 00 __ __ __. _ 00 _ _ _ _ _ 00 _ _ _ _ _ _ h __ 00 _ _ _ _ h.noOh n - - 00 ___ - - - - - - - 00 - - - - - - - - 0000 - - 5 .
NAYS: Non e - - 00 - - 00 -- h nn - - nn - - - - 00 00 00 _ _ _ _ 0000___ 00 00 .000000· __ 00 _ _ 00 00_00 _ n_h .n_ _ _ u _. 00---0.
(Council Member Mason was absent.) (Council Member Fitzpatrick was not
present when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
At 2: 17 p.m., Council Member Fitzpatrick entered the meeting
PETITIONS AND COMMUNICATIONS:
CITY COUNCIL: Joint communication from Mayor C. Nelson Harris and
Council Member Gwendolyn W. Mason recommending that the City of Roanoke
become a full member of ICLEI·Local Governments for Sustainability (formerly
known as International Council for Local Environmental Initiatives).
It was recommended that the Council endorse a resolution which allows
Roanoke to become a full member of ICLEI - Local Governments for
Sustainability.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37530-091806) A RESOLUTION authorizing the City of Roanoke to
become a full member of ICLEI-Local Governments for Sustainability and to
develop an emission reduction target and action plan.
(For full text of resolution, see Resolution Book No. 70, page 518.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37530·091806.
The motion was seconded by Council Member Lea.
Mr. Michael C. Bilger, 4101 Chesterton Street, S. W., spoke in support of
the proposal by Council for the City of Roanoke to join the International Council
for Local Environmental Initiatives-Local Governments for Sustainability (ICLEI).
He noted that Chicago, Illinois, is a member of ICLEI and a participant in the
Cities for Climate Protection Campaign for over ten years; and the City of
Chicago's 7,300 acres of parkland includes 49 specially protected natural
292
habitats, and the City requires all new city·owned buildings to meet green-
design and energy-efficiency standards.
He pointed out that the population in Charlotte, North Carolina, has
nearly tripled the past 40 years resulting in urban sprawl; and the City and
suburbs have lost 22 percent of its tree canopy in the past 20 years. ,He
explained that bad air quality, mostly due to vehicle exhaust, has resulted in
Charlotte being among the 15 most ozone-polluted cities in the United States,
according to the American Lung Association. Additionally, Charlotte is being
threatened with millions of dollars in highway funding cuts by the EPA. In 2004,
Charlotte decided to incorporate the U. S. Green Building Council's Leadership
in Energy and Environmental Design standards into all new public buildings;
and it also became a pioneer in brownfield redevelopment including
approximately 61 projects, including the Carolina Panthers' new Bank of
America Stadium.
I
He also indicated that Charlotte has worked with Mecklenburg County to
coordinate other regional efforts including a parks bond that earmarked $25
million for a greenway project, which comprises 23 miles of creeks and plans
are being finalized for a total of 185 miles of inter-connected parkland; and it is
hoped that the greenway may link open space to a web of trails throughout a
14-county region.
Mr. Bilger urged the Council to adopt the proposal to join the I
International Council for Local Environmental Initiatives-Local Governments for
Sustainability.
Mr. Greg Lewis, 145 West Campbell Avenue, S. W., Suite 800, also
expressed appreciation to the Council for moving forward on the initiative to
join the IClEI.
Mr. Mark McClain, 907 Greenbrier Court, Salem, Virginia, representing the
Roanoke Valley Cool Cities Coalition, advised that the Coalition is a newly
formed consortium of local businesses, organizations and community leaders
who have come together for the purpose of advocating for wise energy policy
decisions in the community to bring about a reduction in greenhouse gas
emissions, visible air pollution, etc. He stated that the Coalition is also initiating
a public education campaign to explain the need for action and decisions, and
to bring awareness for wise energy choices for citizens, businesses, schools,
churches, and other organizations. He urged City Council to approve the
proposed affiliation with ICLEI· Local Governments for Sustainability. He
encouraged the Council to take the lead to inspire a new conservation ethic in
the community through public awareness, education and outreach, and
emphasized that the Coalition stands ready to assist the City to achieve mutual
goals, and offered expertise in energy conservation, green buildings, land use,
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community organizing, and other skills which may be applied to achieve a
sustainable energy future for the City and the region.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired if there were any
additional costs for the City to be a participating member of ICLEI; whereupon,
the Mayor advised that the membership fee required for the City to become a
member of ICLEI was $1,750.00 and the remaining costs would be whatever the
City might incur relative to implementing any initiatives at the local government
level to reduce emissions, etc. He added that as a part of ICLEI, the City gains
the expertise of the organization, software to collect data and monitor the
City's progress, and staff participation in workshops, training, and conferences.
Ms. Davis requested that the public be kept informed of all costs
associated with the City's participation in ICLEI.
Council Member Wishneff requested that a link be included on the City's
website to inform the public with regard to monies spent and saved through the
City's involvement with ICLEI. He also requested that the City Manager
correspond with entities/contractors involved in City projects to solicit
comments with regard to their efforts to conserve energy.
There being no further questions and/or comments, Resolution No.
37530-091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H arr i s __n 00-00 - 00 00 00 0000--00 00 00-00 - - - - - - 00 0000 00 _.n__ __ __ 0000 00 00 00-00 - - 00 0000 - - .__. __u__ - - 00 - ___ 006.
NAYS: Non e 0000 00 - - 00 - - -_____ __ -000000- 00 - - 00- 00 - - 00__'_'_ _. __ U __ noon - -00 - 00 - - ___ - - - ___00·00 __.00 0 .
(Council Member Mason was absent.)
REPORTS OF OFFICERS:
CITY MANAG ER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FLOOD REDUCTION/CONTROL-YOUTH: The City Manager
submitted a written communication recommending acceptance of a Runway and
Homeless Youth Outreach Program Grant from the United States Department of
Health and Human Services, in the amount of $134,381.00.
(For full text, see communication on file in the City Clerk's Office.)
294
Council Member Dowe offered the following resolution:
I
(#37531,091806) A RESOLUTION authorizing the acceptance of a grant
from the United States Department of Health and Human Services to be used for
salary and fringe benefits of counselors and related activities in the Sanctuary
Outreach Program; and authorizing the execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 70, page 521.)
Council Member Dowe moved the adoption of Resolution No. 37531·
091806. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H a rri s· --- 00 00 00 nn 00 --00.. 0000.............00 00-- 00 00 0000......00............. -- --........ 00 00 00..0000 6 .
NAYS: Non e 00 00........00 0000.00· _. 00 00 n.n.......... 00 0000__.00............00 00 00 -- 0000 .__...0000·0 .
(Council Member Mason was absent.)
Council Member Dowe offered the following ordinance:
(#37532,091806) AN ORDINANCE appropriating funds from the federal
government for the Runaway and Homeless Youth Act Grant, amending and
reordaining certain sections of the 2006·2007 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
I
(For full text of ordinance, see Ordinance Book No. 70, page 522.)
Council Member Dowe moved the adoption of Ordinance No. 37532·
091806. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H a rri s·· 0000·. 0000....00..00 ..00 00..00 00 n. nnnU.· nnnnn 000000...00 n.. 00 00......00 00..0000 -00···6.
NAYS: No n enu..nnnn..n___.nnnnn...nn____...........nn..n.u.unn.n.....oo.h····O.
(Council Member Mason was absent.)
COUNTRYSIDE GOLF COURSE: The City Manager submitted a written
communication recommending execution of Amendment No.1 to the Operating
Agreement dated November 10, 2005, with Meadowbrook Golf Group, Inc., for I
the operation of Countryside Golf Club.
295
I (For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37533·091806) AN ORDINANCE authorizing the City Manager to
execute a First Amendment to the November 10, 2005. Operating Agreement
between the City of Roanoke (City) and Meadowbrook Golf Group, Inc.
(Meadowbrook); authorizing the City Manager to take such further action and
execute additional documents to implement and administer such First
Amendment to the Operating Agreement; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 523.)
Council Member Dowe moved the adoption of Resolution No. 37533·
091806. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H a rri s.... 00.00.. -.. __..00...00.00.... -.. 00..00..00. __...00..00.... .nh·__n....... nn.. n h__.. .00...6.
I
NAYS: No n e·h.__nnn.n...._ - .00----·.--...000000.-......00··..0000..00 00 n.h_______.nnnn.nO.
(Council Member Mason was absent.)
CITY ATTORNEY:
CITY CODE·BICYCLlST: The City Attorney submitted a written report
recommending an amendment of the City Code to amend the definition of
"moped" in order to be consistent with the State Code.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37534,091806) AN ORDINANCE amending and reordaining Section 20·
131, Definition. aoe of operation, of Division 1, Generally, of Article VII,
Mopeds. Bicycles And Electric Power·Assisted Bicycles of Chapter 20, Motor
Vehicles and Traffic; and dispensing with the second reading by title of this
ordinance.
I
(For full text of ordinance, see Ordinance Book No. 70, page 524.)
296
Council Member Dowe moved the adoption of Resolution No. 37534· I
091806. The motion was seconded by Council Member Trinkle and adopted by
the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H a rr is' nn. 00....0000....00 noon 0000...0000 00 noon 00...... noon.....· ----0000. 00....0000 0000..0000··6 .
NAYS: No n e n..nn....nnn.__n.n.nn....nnnn......nn....··nnn.......n .... .00...0000·0.
(Council Member Mason was absent.)
CITY CODE: The City Attorney submitted a written report recommending
an amendment of the City Code to exempt mandatory gratuities or service
charges required to be paid by the purchaser from the food and beverage tax,
to a certain percentage.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37535·091806) AN ORDINANCE amending §32·289, Tips and service
charaes, of Article XIV, Tax on Prepared Food and Beveraae, of Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended, by exempting
mandatory gratuities or service charges required to be paid by a purchaser from
the food and beverage tax, to a certain percentage; and dispensing with the
second reading of this ordinance by title.
I
(For full text of ordinance, see Ordinance Book No. 70, page 526.)
Council Member Dowe moved the adoption of Resolution No. 37535·
091806. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H arr i s 00 .n__n.... ---.... -- 0000 00 00 00 0000·00--.· 00....00 00.... n.n.............. noon.. ....-- 00-· 00··6.
NAYS: Non e ---. 0000 00.···00 00..00 .000000.00.......... .00---- -- .00...00.......00 noon ..00..0000·····0.
(Council Member Mason was absent.)
REPORTS OF COMMITTEES:
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BUDGET·SCHOOLS: The Roanoke City School Board submitted a written
report requesting appropriation of funds to various school grants and
programs.
The Director of Finance also submitted a written report recommending
that Council concur in the request of the School Board.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37536·091806) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments to support various school grants and
programs, amending and reordaining certain sections of the 2006·2007 School
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 527.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37536·
091806. The motion was seconded by Vice·Mayor Trinkle adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H arr is.........n. 0000 00·00· 00 __.. 00 00.............00 00.. ___...0000 'hnnn __. noon.... - 00 00....00....6.
NAYS: Non e·n.n......n.nn....n..U.U.hn..n..__nnn.................nnn.'unnn..n·O.
(Council Member Mason was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY COUNCIL·NATIONAL LEAGUE OF CITIES: Council Member Lea offered
the following resolution authorizing the City's participation in the National
League of Cities' Partnership for Working Towards Inclusive Communities:
(#37S37·091806) A RESOLUTION authorizing the City's participation in
the National League of Cities' Partnership for Working Towards Inclusive
Communities.
(For full text of resolution, see Resolution Book No. 70, page 528.)
298
Council Member Lea moved the adoption of Resolution No. 37537· I
091806. The motion was seconded by Vice·Mayor Trinkle.
Council Member Lea indicated that participation in the program would be
beneficial to the City, and therefore, he highlighted the following initiatives:
· Raise awareness and focus attention on the importance and
value of inclusive communities;
· Motivate cities and towns to make public commitment to
building inclusive communities;
· Provide support to local officials in focused efforts around
affordable housing, race and ethnic relations, and equal
citizen participation in community decision·making;
· Share valuable insights, experience and lessons learned
among participating cities and towns, and
· Recognize, publicize and celebrate work of cities and towns
that join the partnership.
He emphasized that the City has taken significant steps to work toward
inclusiveness, working with groups in the community, such as the Mayor's
Committee for Multicultural Affairs, the NAACP, the Southern Christian
Leadership Conference, the Youth Commission, and Blue Ridge Independent
Living; and the City also sponsors programs, such as the Leadership College,
the Mortgage Assistance Program, the Multicultural Initiative, and the recently
established VOYCE (Valuing Our Youth Through Community Engagement)
Initiative to help citizens engage not only with local government, but also with
each other.
I
He added that special provisions are made for physically challenged
citizens to participate in the City's Parks and Recreation programs and to use
its recreation facilities. An example is the City's involvement with the
Challenger Baseball Little League, a group for children with mental or physical
handicaps who want to play baseball, the City partners with the group by
providing athletic fields for them to play their games.
Council Member Lea explained that the resolution to join the National
League of Cities "Partnership for Working Toward Inclusive Communities"
program is a further step to increasing the City's efforts and making a stronger
commitment to inclusiveness; and he announced that a press conference would
be held on Wednesday, September 27 at 10:00 a.m., in the Emergency
Operations Center, Room 159, first floor, Noel C. Taylor Municipal Building,
with regard to the City's commitment to inclusiveness to the media and some
of the organizations who partner with the City for diversity. I
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There being no further discussion or comments, Resolution No. 37532·
091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H a r ri s.... 00.00.00.... -- -- 00 ·.00...........00 00 00 n.. noon h .0000.0000 00....... n..........n..n .n··. 6 .
NAYS: Non e·· 00....00 nn..h 0000 h.... __ --·00 00 00.... _...00__ 00 .0000__00.... n 00......00 00 00..0000.0.
(Council Member Mason was absent.)
BONDS/BOND ISSUES'SCHOOLS: Vice Mayor Trinkle offered the following
Resolution authorizing issuance of not to exceed $7.5 million General
Obligation School Bonds to finance a portion of the cost of certain capital
improvements at Patrick Henry High School:
(#37538·091806) A RESOLUtiON authorizing the issuance of not to
exceed $7,500,000.00 General Obligation School Bonds of the City of Roanoke,
Virginia, Series 2006·B, to be sold to the Virginia Public School Authority and
providing for the form and details thereof.
(For full text of resolution, see Resolution Book No. 70, page 530.)
The Mayor advised that the matter was heard by Council at a public
hearing on Monday, June 21, 2004.
Vice·Mayor Trinkle moved the adoption of Resolution No. 37538·091806.
The motion was seconded by Council Member Fitzpatrick.
Council Member Wishneff inquired as to whether the Roanoke City Public
Schools would be responsible for the monies to pay the debt service;
whereupon, the Director of Finance advised that the issuance of the General
Obligation School Bonds were part of the original structure of the financing that
was intended to be a literary fund loan, however, the City will issue VPSA bonds
to the School Board who will be responsible for the debt service on the
issuance.
There being no further discussion or comments, Resolution No. 37538·
091806 was adopted by the following vote:
300
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and
Mayo r H arri s· n.nn 00 '0000'__ .n'" 00000000.....00......00 00.. .00.00 ____..0000...............00 0000..00. --00· 6 .
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NAYS: Non e 0000 -- 00 00........00 00 00..... 00.... 00 00__·.0000000000..00........... noon 00 00.00--·-- --·0 .
(Council Member Mason was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT·CITY EMPLOYEES: Council Member
Fitzpatrick commended City staff and the volunteers who assisted with the
September 11 celebration that was held in the Market area, and the event was
unique, and he hoped that more local government officials would participate in
the future. He added that it was a moving experience to witness firefighters,
EMS and Police officers from all over the region coming together to celebrate
and to remember those individuals who were injured or lost their lives on
September 11.
ACTS OF ACKNOWLEDGEMENT·SCHOOLS: Council Member Lea expressed
appreciation to the Members of Council and the City Manager for their support
and contribution of the Western Virginia Education Classic scheduled to be held
on Saturday, September 23,2006, at Ferrum College.
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CITY CLERK·DIRECTOR OF FINANCE·CITY ATTORNEY·MUNIClPAL AUDITOR:
The Acting City Clerk advised that the two·year terms of office of William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Troy A.
Harmon, Municipal Auditor, will expire on September 30, 2006. It was noted
that Mary F. Parker had tendered her resignation as City Clerk, effective
October 1, 2006.
Without objection by the Council, the Director of Finance, City Attorney,
and Municipal Auditor were reappointed for terms of two years, each, ending
September 30, 2008.
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.
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COMPLAINTS-CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., expressed disappointment regarding the proposed guidelines for citizen
participation at the regular meetings of Council, effective October 2, 2006.
COMPLAINTS-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
expressed concern regarding the lack of respect and treatment of the citizens
who appear before City Council in connection with public comments.
CITY MANAGER COMMENTS:
The City Manager commented that she had attended an ICMA Conference
in San Antonio, Texas, and the speaker was William McDonough, a renowned
keynote speaker from Charlottesville, Virginia, who spoke on concepts that the
City of Roanoke, as a community, had encouraged through a design
competition held in Roanoke in January 2005. She added that she shared the
City's C2C program with several of her colleagues from across the nation.
ECONOMIC DEVELOPMENT: The City Manager introduced Brian Brown, the
Economic Development Administrator, formerly with Hayes, Seay, Mattern and
Mattern. She also noted that Lisa Soltis, a former City employee, would be
joining the Economic Development team.
At 3 :00 p.m., the Council meeting was declared in recess for one closed
session.
At 4:48 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of Council in attendance, except Council Member
Mason, Mayor Harris presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Fitzpatrick 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 Vice-Mayor Trinkle
and adopted by the following vote:
302
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle, and I
Mayo r H a r ri s...... 00...... -- .----. __..00. .00.... - _...00 -- --.00. 00 00......00 00.0000.. --. --00. 00..00 -. -..... -- -- 6.
NAYS: No n e·n__.._n.n.n....n..nn__nn.n....nnnnn..un....n..n.n........00__.00.00.0.
(Council Member Mason was absent.)
OATHS OF OFFICE·COMMITTEES·ARCHITECTURAL REVIEW BOARD: The
Mayor called attention to the expiration of terms of office of Barbara A. Botkin
and Lora J. Katz as members of the Architectural Review Board, for terms
ending October 1, 2010; whereupon, he opened the floor for nominations to fill
the vacancies.
The names of Barbara A. Botkin and Lora J. Katz were placed in
nomination.
FOR MS. BOTKIN and MS. KATZ: Council Members Wishneff, Dowe,
Fitzpatrick, Lea, Trinkle and Mayor Harris·um___nnnmu.n___nnmn___nunh.m·___·6.
(Council Member Mason was absent.)
OATHS OF OFFICE·COMMITTEES·INDUSTRIES: The Mayor called attention I
to the expiration of the term of office for Allen D. Williams as a Director of the
Industrial Development Authority, for a term ending October 20, 2006;
whereupon, the Mayor opened the floor for nominations.
The name of Allen D. Williams was placed in nomination.
For MR. WILLIAMS: Council Members Wishneff, Dowe, Fitzpatrick, Lea,
Trinkle and Mayor Harrisoo______nnnn.nm___nm_.___._________.m__u___.___mm...m______n6.
(Council Member Mason was absent.) (Since Mr. Williams is not a City resident,
the Council waived the City residency requirement in this instance.)
At 4:55 p.m., the Mayor declared the meeting in recess to be reconvened
at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W.
At 7:00 p.m., on Monday, September 18, 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.
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PRESENT: Council Members Brian J. Wishneff, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, David B. Trinkle and Mayor C. Nelson
H ar ri s --. __..n 00 00....00. u.. 00.. 000000..00.. nn 00....00.00..00 00......00 0000 00.............. _ 00 00.00.0000 un..6 .
ABSENT: Council Member Gwendolyn W. Masonnm..-----.nhn---.mnmnm 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting 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 America was
led by Mayor C. Nelson Harris.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the Acting City Clerk having advertised a public hearing
for Monday, September 18, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Haitian Sinai Baptist Church that
property located at 2905 Cove Road, N. W., be rezoned from R·7, Residential
Single Family District, to INPUD, Institutional Planned Unit Development District,
to allow for a place of worship, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2006, and on Friday, September 8, 2006.
(For full text, see publication on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the request of Haitian Sinai Baptist Church for rezoning as set forth
in the Second Amended Petition filed in the Office of the City Clerk on August 9,
2006.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37539,091806) AN ORDINANCE to amend §36.2·100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
dated December 5, 2005, as amended, to rezone certain property within the
City; and dispensing with the second reading of this ordinance by title.
304
(For full text of ordinance, see Ordinance Book No. 70, Page 539.)
Council Member Dowe moved the adoption of Ordinance No. 37539· I
091806. The motion was seconded by Council Member Fitzpatrick.
Castin Mesadieu, Pastor, appeared before Council in support of his
request for rezoning.
The Mayor inquired if there were persons present who wished to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
Council Member Dowe inquired about the hours of operation and lighting
since the property abuts private residences; whereupon, R. Brian Townsend,
Agent to City Planning Commission, advised that the development is a planned
unit development, and no discussion was held at the Planning Commission
regarding hours of operation or limitation on hours of operation being listed in
the petition to rezone. However, City staff and the Planning Commission were
of the opinion, given it was a church/religious institution and no other uses
were identified other than fellowship or worship, it appeared that no discussion
was necessary or a proffer condition included in the application.
Council Member Dowe requested that during any mid·week or evening
revival, that the petitioner be considerate of its neighbors, including Sunday
services.
I
There being no further questions or comments by Council, Ordinance No.
37539·091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H arri s n.. .0000--· __ __..0000 00 00....00 00..... u __.. --.00.00 .000000000000 00.. _. ___u._· un 00..00 00 00 00··6.
NAYS: No n enn........nnn.________n..........__........nn........n.n__n00._ 000000__··__·_·0.
(Council Member Mason was absent.)
BONDS/BOND ISSUES'SCHOOLS: Pursuant to instructions by the Council,
the Acting City Clerk having advertised a public hearing for Monday,
September 18, 2006, at 7:00 p.m., for as soon thereafter as the matter may be
heard, on approval of the issuance of general obligation bonds in an amount
estimated not to exceed $2.1 million for financing capital improvements for
Monterey Elementary School, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, August 25, 2006, and on Friday, September 1,2006.
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I (For full text, see publication on file in the City Clerk's Office.)
George J. A. Clemo, Bond Counselor to the City of Roanoke and City
Schools in connection with certain school bonds financing, submitted a written
communication requesting approval of the issuance of general obligation, in an
amount estimated not to exceed $2.1 million, for financing capital
improvements for Monterey Elementary School.
(For full text, see communication on file in the City Clerk's Office.)
Vice·Mayor Trinkle offered the following resolution:
(#37540,091806) A RESOLUTION authorizing the issuance of not to
exceed $2,100,000.00 General Obligation School Bonds of the City of Roanoke,
Virginia, Series 2006·A, to be sold to the Virginia Public School Authority and
providing for the form and details thereof.
(For full text of resolution, see Resolution Book No. 70, page 541.)
I
Vice·Mayor Trinkle moved the adoption of Resolution No. 37540·081806.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Resolution
No. 37540·091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H a r r i 500. --.. -. _.00.00 00.. --.. -... n.nhn 00 00....00.. _. u u.n....... 00...00 00 0000.-00 00 0000...0000...6.
NAYS: Non e -- -- 00 nun.. ---. hnn 00 00... _..00... nOOn 00.0000.. n. 00 00.....00...0000. "n 00 000000.0.
(Council Member Mason was absent.)
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BUDGET·ENTERPRISE ZONE: Pursuant to instructions by the Council, the
Acting City Clerk having advertised a public hearing for Monday, September 18,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
amendment to the boundaries of Enterprise Zone One A and Enterprise Zone
Two and its Subzone, and modifying local incentives for each zone, the matter
was before the body.
306
Legal advertisement of the public hearing was published in The Roanoke I
Times on Monday September 4, 2006, and on Monday, September 11, 2006.
(For full text, see publication on file in the City Clerk's Office.)
The City Manager submitted a written communication to amend the
boundaries of Enterprise Zone One A and Enterprise Zone Two and its subzone,
and modifying local incentives for each zone.
(For full text, see communication on file in the City Clerk's Office.)
The Mayor inquired if there were any persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
Council Member Dowe offered the folloWing resolution:
(#37541·091806) A RESOLUTION authorizing the proper City officials to
make a boundary amendment to the City's Enterprise Zone One A that will
delete certain areas currently within it and add certain areas not currently in it;
authorizing the City Manager to apply to the Virginia Department of Housing
and Community Development for approval of such boundary amendment, and
to take such further action as may be necessary to obtain and implement such
boundary amendment.
I
(For full text of resolution, see Resolution Book No. 70, page 550.)
Council Member Dowe moved the adoption of Resolution No. 37541·
091806. The motion was seconded by Vice·Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H arr i S.n. 00.· -- -- 00 00 00 00 __..00....00 00 00.__00 00 00 00 00.. .00__00.....00.00__.00........00.__0000 00.0000·6 .
NAYS: No n e 00----0000 ....00.0000.........00._...0000......00__..0000000000.000000000000.......00····0.
(Council Member Mason was absent.)
Council Member Dowe offered the following ordinance:
(#37542·091806) AN ORDINANCE amending Ordinance No. 36782·
071904, adopted by City Council on July 19, 2004, by modifying certain local
incentives contained therein for Enterprise Zone One A; authorizing the City
Manager to apply to the Virginia Department of Housing and Community
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Development (VDHCD) for the approval of the such amendments and/or to take
such further action as may be necessary to obtain or confirm such
amendments; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 552.)
Council Member Dowe moved the adoption of Ordinance No. 37542·
091806. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H arri s m.._._ -. .00....__00··.000000............0000.0000.0.00.00._00 ...000000__.__00..00.00..0000..00..6.
NAYS: Non e·nn.....nnnn..nn........n...nn....__.............n.__.n.....nmn..nn···O.
(Council Member Mason was absent.)
Council Member Fitzpatrick offered the following resolution:
(#37543·091806) A RESOLUTION authorizing the proper City officials to
make a boundary amendment to the City's Enterprise Zone Two that will delete
certain areas currently within it and add certain areas not currently in it;
authorizing the City Manager to apply to the Virginia Department of Housing
and Community Development for approval of such boundary amendment, and
to take such further action as may be necessary to obtain and implement such
boundary amendment.
(For full text of resolution, see Resolution Book No. 70, page 556.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37543·
091806. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H a rri s· 0000... h_' .00.0000 0000....00 nn·nnnn 00..00.. noon n. _ 00 000000·00.... nn 00 __ 00 00 .00... .00.6 .
NAYS: Non e 0000....0000.... __00·····..00...00.. h.__........... __..00.0000 00.00 -- -- ·00....... --.... - O.
(Council Member Mason was absent.)
Council Member Fitzpatrick offered the following ordinance:
308
(#37544·091806) AN ORDINANCE amending Ordinance No. 33019·
070196, adopted by City Council on July 1, 1996, by adding a local incentive
not contained therein; clarifying the definition of the term "business firm" as
used in references relating to Enterprise Zone Two; authorizing the City
Manager to apply to the Virginia Department of Housing and Community
Development (VDHCD) for the approval of such items and/or to take such
further action as may be necessary to obtain or confirm such items; and
dispensing with the second reading by title of this ordinance.
I
(For full text of ordinance, see Ordinance Book No. 70, page 558.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7544·
091806. The motion was seconded by Vice·Mayor Trinkle and adopted by the
folloWing vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H a r r i ShOO 00 nn........nn..n noon... 0000 _........00.....00 0000 00 00 --0000.00.00.----00 00 00......00 006.
NAYS: No n e m...nn__..._ooUh__......__..............nnnn....U.n...un.n. 000000....0000·0.
(Council Member Mason was absent.)
Council Member Fitzpatrick offered the following budget ordinance:
I
(#37545·091806) AN ORDINANCE to appropriate funding from the
Economic and Community Development Reserve for the Enterprise Zone One A
and Enterprise Zone Two Projects, amending and reordaining certain sections of
the 2006·2007 Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 561.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37545·
091806. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H ar ri s 00..00 000000.....00.00..00 .0000...............········· 0000 0000.0000__.000000.00 00........00 __'h. 6.
NAYS: Non e· no...... 00 _. 00···0000.00..00 00 00 00·0000........0000.. .00. nnn...n........ 00 00---00··0.
(Council Member Mason was absent.)
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CITY MARKET·LEASES: Pursuant to instructions by the Council, the Acting
City Clerk having advertised a public hearing for Monday, September 18, 2006,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal
of the City of Roanoke to lease to Francine Barish·Stern Bray, d/b/a Creations,
284 square feet of space in the City Market Building located at 32 Market
Square, for a term of one year, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 8, 2006.
(For full text, see publication on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Francine Barish'Stern Bray
d/b/a Creations, with all documents to be approved as to form by the City
Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37546·091806) AN ORDINANCE authorizing the lease of 284 square
feet of space located within City·owned property located in the City Market
Building, for a term of one (1) year; and dispensing with the second reading of
this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, page 562.)
Council Member Dowe moved the adoption of Ordinance No. 37546·
091806. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37546·091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H a r r ¡Snn.. 00 00..00 __0000.. 00 00 00....... 0000 00 __ 00....... - 00 00 00..-- 00.00 00 _... ..00-- 00 00...... _.00 00.. 6.
NAYS: Non e· _00.... ___.00__ 000000...........0000 00.. __..........0000.0000.0000...00 00.. nOOn 00 00...0 .
(Council Member Mason was absent.)
310
BUDGET-SCHOOLS: Pursuant to instructions by the Council, the Acting I
City Clerk having advertised a public hearing for Monday, September 18, 2006,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on proposed
adjustment to the aggregate amount of the City's fiscal year 2006-2007 Annual
Budget; authorization for the City Manager to execute a Memorandum of
Understanding with the School Board to provide for the sale of motor fuel to the
school system; and appropriation of funds, the matter was before the body.
Due to a publication error, the Mayor advised that the public hearing
would be rescheduled for Monday, October 2, 2006, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber.
APPALACHIAN POWER COMPANY-FIRE DEPARTMENT: Pursuant to
instructions by the Council, the Acting City Clerk having advertised a public
hearing for Monday, September 18, 2006, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on a proposal of the City of Roanoke to convey to
Appalachian Power Company an easement across City-owned property to
provide electric service to the new Fire-EMS Headquarters Building located at
Elm Avenue and Franklin Road, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 8, 2006.
I
(For full text, see publication on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending that
Council adopt an ordinance authorizing the City Manager to execute the
appropriate documents granting a utility easement to Appalachian Power
Company, subject to approval by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37547-091806) AN ORDINANCE authorizing the conveyance of a
surface and sub-surface easement of an approximate width of 10 feet and an
approximate length of 65 feet across City-owned property identified by Official
Tax Map No.1 02031 0 located on Franklin Road, S. W., to Appalachian Power
Company, to provide electrical service to the new Fire-EMS Headquarters
Building, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, Page 563.)
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Council Member Dowe moved the adoption of Ordinance No. 37547·
091806. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37547·091806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Trinkle and
Mayo r H a rri s· -.. u.. -- -- -- -. - n.. -.. h.__. --.... -.. -......... .u.__.. __....00.00... __.h.... 0000 00 -...........6 .
NAYS: Non e .00.....00 00.. -- -- 00 0000... ---..... ------.. --00 00........00·__.00 000000...00..00 n.un.. O.
(Council Member Mason was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
The Mayor advised that the City Council recognizes the need to
reconstitute the Towing Advisory Board based on recent legislation from the
General Assembly, and that the Council will take action regarding the issue at
the next Council meeting on Monday, October 2, 2006.
Mr. Robert Young, 210 Carver Avenue, S.W., expressed concerns with
regard to towing issues, and dialogue between City staff and the Towing
Advisory Board be referred to the City Manager for review and discussion prior
to the October 2 City Council meeting. He advised that it will be necessary to
reconstitute the Towing Advisory Board before a Towing Advisory Board
meeting could be held. He agreed to work with the Acting City Clerk to
schedule a meeting of City Council and the reconstituted Towing Advisory
Board. Mr. Young requested that the City not act on the RFP's for bids until
after certain issues had been resolved.
Council Member Fitzpatrick moved that the two RFPs be tabled until the
Council received a report from the City Manager, noting that it might be
confusing to get receive report after the bids had been awarded. The motion
was seconded by Council Member Wishneff.
Council Member Fitzpatrick expressed appreciation to the towers for their
patience, and to City staff for their work, advising that common ground still
needed to be found.
312
Council Member Lea inquired whether or not the RFP bidding process I
could be tabled; whereupon, the Assistant City Attorney responded that the RFP
bidding process was due on the 20th, however, the RFP was drafted in such a
way that the City has the option to accept or reject all bids, which would be
handled by the Administration.
The City Manager noted that it had been suggested no decision be made
on responses to the Request for Proposal and due to the number of RFPs
issued, she do not recall what period of time the responders were asked to hold
whatever their offer was to the City on this particular RFP. She advised that
given that the RFP bidding process is due on September 20 and the next
Council meeting is October 2, she was of the opinion that there was sufficient
time to brief Council. She stated that the October 2 work session was already
planned and she hopes there is adequate time to discuss the matter, particular
if a difference remains between the administration and the towers on the issue.
However, if a difference of opinion does remain, a work session could be
planned following the October 2, 2:00 p.m. regular meeting to allow time for
appropriate discussion. She added that information would be forwarded to the
Council in advance to allow an opportunity for review prior to the work session.
The Mayor stated that the Council would concur with the sentiment that
even though the RFP process concludes on September 20, if the Administration I
could defer a decision relative to awarding a bid until the October 2 Council
meeting whereby Council will have an opportunity to both reconstitute the
Towing Advisory Board and receive report from the City Manager.
There being no further business, the Mayor declared the meeting
adjourned at 7:25 p.m.
APPROVED
ATTEST:
; ]'n. ~
Stephanie M. Moon
Acting City Clerk
C.1A~v&~
C. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL
October 2, 2006
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
October 2, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris
presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2·15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No.3 7467·070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle, Brian J. Wishneff and Mayor C. Nelson Harrisnm---nnnmm-----5.
ABSENT: Council Members Alfred T. Dowe, Jr., and Beverly T.
Fitz patri ck, Jr. __.______.Uh______nu...__n.n.n....nnnnnnnn.....nnn..n_.....nnn0000.0000.-- 2.
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 Stephanie M.
Moon, Acting City Clerk.
INDUSTRIES·ROANOKE CIVIC CENTER·YOUTH ·COMMUNITY PLANNING
BUILDINGS/BUILDING DEPARTMENT·ZONING·HUMAN DEVELOPMENT: A
communication from Mayor C. Nelson Harris requesting that Council convene in
a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appOinted by Council, pursuant to §2.2'3711
(A)(l), Code of Virginia (19S0), as amended, and more specifically to consider
appointments to the Local Board of Building Code Appeals, Roanoke Civic
Center Commission, Towing Advisory Board, Youth Services Citizen Board,
Human Services Advisory Board, Board of Zoning Appeals, City Planning
Commission and Industrial Development Authority, was before the body.
Council Member Mason moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Vice·Mayor Trinkle and adopted by the follOWing vote:
314
AYES: Council Members Lea, Mason, Trinkle, Wishneff and Mayor I
H a rri s· 00 00..00 __00.__. 00.0000....00 00 .00· 00.... n. .00.00000000 00.·00..00 0000 00...00..00 __..00 --.... -- --.. 00 --.. 00 5 .
NAYS: Non e·n. .0000.00__..'. 00 __...................00 00....00...00 00.00 00 00 .00000000 0000..... n. 00·0.
(Council Members Dowe and Fitzpatrick were absent.)
CITY COUNCIL: A communication from the Mayor C. Nelson Harris
requesting that Council convene in a Closed Meeting to discuss the Citizen of
the Year, pursuant to Section 2.2·3711 (A)(3)" Code of Virginia (1950), as
amended, was before the body.
Vice·Mayor Trinkle moved that Council concur in the request of the Mayor
to convene in Closed Meeting as abovedescribed. The motion was seconded by
Council Member Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff and Mayor
H arri s· -- -- 00 .00.0000·00· noon... ____ 0000.00....__....00 00 00·· __ __ .__n.n__.nn..nn.n'n --.--. 00.0000..0000. 5 .
NAYS: Non e 00..00 .0000.00.00..00.0000000000 00.000000.00. 0000.00.........00 00..·······00 00 00 0000..00·0 .
(Council Members Dowe and Fitzpatrick were absent.)
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CITY CLERK·CITY COUNCIL: A communication from Council Member
Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2·3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
Vice·Mayor Trinkle moved that Council concur in the request of Council
Member Dowe to convene in Closed Meeting as abovedescribed. The motion
was seconded by Council Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff and Mayor
H a r ri s u. 0000 0000 ,............ .0000000000.'00. 00.00 __.0000.00.00.00'· 00.0000. 00 00 0000.00..00 00 00 00 0000000000..0000 5 .
NAYS: Non e 00.0000. noon 00...0000.00.0000....00 00...'······00........00.00__·· -- 00 00....00..00 00 00·0.
(Council Members Dowe and Fitzpatrick were absent.)
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE
CITY PLANNING COMMISSION ON MONDAY, NOVEMBER 6, 2006 AT 12:00 P.M.
NONE.
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ITEMS LISTED ON THE 2:00 P.M. DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
SCHOOLS: The Mayor welcomed members of the Roanoke City School
Board and School Administration to the meeting. He called upon David B.
Carson Chair, Roanoke City School Board, for an update on the William Fleming
High School project.
Chairman Carson introduced Richard Rife, Rife and Associates; and Vice·
Chair Alvin Nash to present the briefing.
Vice Chair Nash advised that Mr. Rife would present the design phase of
the William Fleming High School project; and thereafter, he would make brief
comments and respond to questions.
Mr. Rife advised that work on the new William Fleming High School began
with a series of public meetings and workshops to receive citizen input
regarding the design of the school, and his presentation is a direct result of
said input. He oriented Council to the location of the school and school
buildings, noting which buildings would remain or be removed. He added that
the existing school would remain in operation via Ferncliff Avenue throughout
construction of the new building, which would thereafter be accessible from
Ordway Drive. He explained that the new school would be organized into four
learning communitiesnadministrative subsets of the overall school··each
learning community would have its own core group of administrative and
faculty members: support facilities would be shared by all the students and
would be open to the public at night; faculty parking and buses would be
located at the rear of the site off of Ordway Drive; and visitor and student
parking would be off of Ferncliff Avenue. He stated that once the facilities are
consolidated, useable land will become open space, making room for a stadium
with a track and other sport practice facilities. Mr. Rife reviewed the layout of
the new facilities, indicating that the new library would be positioned on the
front corner of the site should future plans require accessibility to the public
and expansion; the building would be arranged to facilitate public use; and
most academic areas will close at 4:00 p.m., and certain areas could be closed
off at various points to allow for use of support facilities in the evening. He
advised that there was a great deal of public interest concerning the image of
the school, such as visibility in the community, a clearly defined front door,
traditional looking, but also modern, and will communicate an image that
316
speaks to aspirations of children in a technology based economy, while being
public-friendly and attractive. He further stated that there is target pricing in I
the budget for the exterior of the building and versions have been forwarded to
J. M. Turner for pricing advice on building materials in order to keep the project
within its cost perimeters.
(See designs on file in the City Clerk's Office.)
Vice·Chair Nash advised that William Fleming High School, along with
Patrick Henry High School are the largest capital investment projects in the
history of Roanoke City; and he is encouraged that City Council is committed to
and is willing to provide necessary funds to complete this magnificent high
school, and to be allowed time to provide City Council with the School's
position on the development of William Fleming.
He further advised that the Roanoke City School Board is fully aware of
the challenges and responsibilities that City Council has in trying to balance the
amount of funds put forth for capital projects; the School Board understands
the discipline and the self-imposed limits the Council has placed on itself in
order to ensure that debt is at a minimum and completely necessary; and the
School Board also understands the importance of the City maintaining its AAA
bond rating. He stated that it is paramount that for the purposes of insurance
costs, economic opportunities, outside business interests, and the monitoring
by certain state agencies that Roanoke is viewed as a viable city with financial
stability.
I
He explained that the School Board believes that two of the greatest
opportunities for the Roanoke Valley are the construction of the high schools at .
Patrick Henry and William Fleming, with over $100 million in construction costs
will address several issues, i.e.: a boost to the local economy with regard to
construction dollars that are returned to the community in the form of local
sales taxes and other economic transactions. He added the appeal of new
schools will tell visitors that not only is Roanoke a great place to live, but the
Schools think education is important, and have put its money where its
educational interests lie.
He pointed out that the partnership between Roanoke City Council and
the Roanoke City School Board can manage the economic challenge of
producing two magnificent high schools that demonstrate a solid commitment
to the community, parents, children, and the future; and the School Board
clearly understands its role as stewards of the funds that are provided by City
Council to build the schools.
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He added that the design of William Fleming was intended to incorporate
a joint use of the new facilities and the School system is excited about the
potential of making the new William Fleming a true community center; the
School Board has established, as one of their four board priorities, the
exploration and implementation of sharing services and facilities whenever
possible to keep expenses down and income up; and the design is a concrete
example that the School Board is paying more than lip service to the
proposition.
Mr. Nash emphasized that the School Board pledges to finish Patrick
Henry on time and under budget and also pledges to bring Fleming in at budget
and on time. However, in order to do so, the Board must ensure that the
mechanisms and controls and management system are in place that will result
in the School Board upholding said pledges.
The Vice-Chair remarked that the Roanoke City School Board has
concluded that the Construction Manager process has worked well for Patrick
Henry and it is the best approach for William Fleming for the following reasons:
· The Construction Manager process has been successful with Patrick
Henry, Phase One, which came in under budget and on time.
· Learned valuable lessons from Patrick Henry that would be lost using
another construction process.
· The timeline for William Fleming is to start in June 2007 and complete the
project in 2010. The time for the start and completion of William Fleming
would be extended if there is a change to the General Contractor process.
· The General Contractor process would cost more than the Construction
Manager. For example, the Construction Manager offers a fixed price
regardless of the cost of the project.
· The Construction Manager offers local control and ensures that more
than 70% of the funds stay in the community as an economic impact
factor.
· Patrick Henry had the largest percent of women and minority-owned
companies participating in the history of any City project over
$15,000,000.00. The School Board contributes this to the Construction
Manager because it is in their contract to focus on this opportunity
without increasing costs.
· The School Board believes the Construction Manager works as an agent
for the Roanoke City Public Schools. The team consisting of our
construction supervisor, the architect, Director of Operations, and the
Construction Manager, who has a team of four full-time people, working
together to oversee: time, construction, budget, quality, safety, design,
change orders, cost analysis, bidding, reporting and value engineering.
318
Mr. Nash added that the Roanoke City Schools issued a Request for
Proposal for a Construction Manager and received four bids; a selection
committee was used to review the bids and interview vendors; and the team
selected J. M. Turner Construction to manage William Fleming and made its
recommendation to the Board. He noted that the Board's decision was based
on bid details, the work currently being done at Patrick Henry, the desire to not
delay the start of the William Fleming project, and the ability to put into practice
what had been learned while building Patrick Henry and to price the William
Fleming project.
He advised that the Superintendent of Schools has not signed a contract
with J. M. Turner for the William Fleming project because the Board first wanted
to secure the total funds needed to complete the high school; the difference
between Patrick Henry and William Fleming is that there will be no interruptions
in the educational process or other activities while the school or the stadium is
being constructed. Mr. Nash noted that valuable lessons have been learned in
terms of materials and other inflationary factors that the Board did not consider
or understand until problems occurred with the Patrick Henry High School
construction project, whereby; the schools construction costs for a comparable
school of the same square footage is 20% below the national average.
He further advised that the School Board has learned that in order to
build a contemporary school that will last 50 years or more to facilitate 1,750
students over said course of years is approximately $50 million for the Roanoke
Valley; which information was not available to the Board during the planning
process for the two high schools based on debt service; however, given the
national average and the positive outcomes that the schools will have on the
Valley, the costs are reasonable.
Mr. Nash pointed out that the School Board has taken extra steps to
ensure a cost-effective and on-time construction of William Fleming High
School, namely:
· The School Board has established a construction committee whose
sole purpose is to micro-manage the day-to-day, bid-to·bid, contract-
to-contract execution of the construction process.
· The School Board will have a construction supervisor/clerk of works
who provides additional oversight with regard to the bidding process,
change orders, and student services.
· The Construction Manager and architect will have a contractual
responsibility to maintain cost and provide the type of value-
engineering that does not simply cut corners, but provides the same
capacity of service, equipment, or materials at a reasonable cost.
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· The School Board has also agreed to work with the City's Engineering
Department to review the drawings, design, and construction plans in
order to help ensure feasibility and allow for input.
· The School Board will have a quarterly construction review process
involving all of the contractors and other disciplines to ensure that the
Board is on target with construction benchmarks.
· Once the construction project costs are approved by the Board, the
goal of the Schools and as stated in the contract with the Construction
Manager will be to establish a fixed price for the project.
· The School Board will ask the City's Auditor, as part of the School
Administration's audit and procurement system, to do quarterly
reviews of the bid process to ensure compliance with procedure and
protocol.
Additionally, the estimated cost of the new William Fleming High School
is $ 57,000,000; and the current amount set aside under the capital
expenditures and in line with the debt limits is $44 million for William Fleming,
which means that the School Board needs an additional $13 million to complete
the School as estimated.
Vice-Chair Nash remarked that the difference between the
$46,760,000.00 that the Board allotted for Patrick Henry and the $52 million
that it turned out to cost was not the result of overspending or over budgeting.
He emphasized that there was never a bona fide budget established for Patrick
Henry based on construction drawings or bidding packages; however, once the
Board completed the construction drawings, there was a 25 - 30% increase in
petroleum and other fuel products, along with the additional cost of building in
phases, working around students rather than a new footprint, inflation from the
projected 5% increase over the projected time to 12% actual, and the schools
not including the cost of equipment, communications, and furniture as part of
construction costs. He pointed out that all of the factors have been considered
and/or adjusted in developing the design and the project budget for William
Fleming High School. Mr. Nash mentioned that the School Board and the School
system will absorb the costs for Patrick Henry, the amount of money paid
toward debt service will be increased, and the Schools will cut back some
serviCes delivery.
Mr. Nash stated that the School Board also recognizes that City Council,
in providing the funds necessary for the William Fleming High School project
will make sacrifices on other capital projects that are much needed and have
been promised to the community; and the Board will study options to not only
come in at or under budget, but will continue to analyze other financial
benefits, such as sharing services whenever possible and feasible, coordinating
the use and construction of other facilities, and combining other employee
benefits.
320
On behalf of the Roanoke City School Board and the Superintendent of
Schools, Mr. Nash requested that City Council consider providing the School
Board with the additional funds and/or a funding formula to construct a new
William Fleming High School comparable to Patrick Henry High School to meet
the educational needs of the community.
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Vice-Mayor Trinkle inquired:
· If green construction and harvesting water have been taken into account;
whereupon, Mr. Rife advised that a deed certification on the building
could probably be obtained through the use of motion detectors on water
closets, the heaviness of insulation, shading of glass areas, utilization of
day lighting, selective low heat coating on glass, etc.
· If any kind of facade upgrade is included in the budget for Lawson Hall in
order to better tie in with the new school; whereupon, Mr. Rife advised
that no upgrades were included in the current design.
· If the arts, gym and theater facilities would be comparable to those at
Patrick Henry; whereupon, Mr. Rife advised that there is a dance studio at
William Fleming for its dance program, Patrick Henry has a larger music
program, an additional music classroom, the gym seats 1,500 spectators,
and an indoor walking/running track at a mezzanine level, whereby
William Fleming will not have an indoor track, but will have seating in its I
gym for approximately 2,500, and therefore, facilities are equitable but
not identical.
· If the track facility at the football stadium will be an all weather Olympic
sized track; whereupon, Mr. Rife advised that an 8-lane metric track is
being considered with an all weather coating located inside the stadium,
which should work well for the school's use in district and regional
meets.
Council Member Wishneff advised that as a parent, he received
information regarding Patrick Henry with the name of Rife & Woods listed which
seemed inappropriate, and inquired if the same thing will occur regarding
information on William Fleming; whereupon, Vice-Chair Nash advised that
whether it's information about William Fleming, the architect, or whomever, the
School Board will indicate the sender for identification purposes; however,
efforts will be made to not become an advertising service; thereafter, names
will only be used to identify people as necessary. Mr. Rife added that having his
name on some of the correspondence about Patrick Henry enabled citizens to
contact his firm with questions.
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Council Member Wishneff indicated inappropriate decisions were made by
the School Board regarding the Patrick Henry High School Project, such as the
demolition of the Clara Black Auditorium, as well as the cost to build a new
auditorium was never determined. He emphasized that decisions made by the
School Board will in effect impact teacher's salaries or other necessities. As a
result, he noted that the construction of a new William Fleming High School
cannot be discussed because of the attention and compatibility to Patrick Henry
High School.
Council Member Wishneff inquired if the four responses or proposals,
with a dollar amount were received based on the Request for Proposals;
whereupon, Vice·Chair Nash advised that the Schools received four responses
instead of four proposals. With regard to the construction manager
procurement process, Mr. Rife advised that State law does not require submittal
of fees in the first phase of qualifications. Council Member Wishneff stated that
he believes the term is misinterpreted and the word "proposal" should be
changed. Mr. Rife advised that the correct language is a "Request for Proposal"
which is defined in the State statute under procurement for professional
services; and therefore, a decision was made based on services.
Council Member Wishneff requested an explanation of the term "fixed
price"; whereupon, Vice-Chair Nash advised that there will be a fixed price of
$57 million or less for the William Fleming High School Project, and the total
cost cannot exceed said amount. Council Member Wishneff also inquired if the
contractor would be responsible for cost overruns listed in the contract;
whereupon, the Vice-Chair advised that the contractor would not be
responsible.
Council Member Wishneff referred to an e-mail from the City Manager
advising that she was not familiar with the School Board's approach regarding
construction of the schools, and after inquiring, she could not find an example
in the State of Virginia. He voiced his concerns about the selection process,
stating that the process used is intended for emergency purposes only, and the
bidding process should be fair and equitable.
Vice-Chair Nash advised that the Board will bid the entire package
because the project needed to stay within estimated cost; and he spoke about
the difference between a construction manager and a general contractor, noting
that general contractors tend to overspend and have possible delays, however,
the principle and concept are literally the same.
322
Council Member Lea inquired about the student population at William I
Fleming compared to Patrick Henry; whereupon, Mr. Rife remarked that based
on the Master Plan Study for both schools, 1,750 student population was used
for Patrick Henry and 1,450 was used for William Fleming; and due to an
increase in student population at William Fleming recently, both schools have
the same instructional capacity, and similar qualities regarding lighting,
heating, air conditioning systems, floor finishes, amount of glass and windows
In connection with cost estimates to establish the upgraded budget for William
Fleming, he commented that the Construction Manager used Patrick Henry for
quality levels in order to ensure equality.
Council Member Lea asked about the projected date for construction of
the football stadium for Patrick Henry; whereupon, Mr. Rife advised that the
expected construction date is July 2007, and William Fleming should be
completed by April or May 2009, with an opening date in August 2009; upon
the vacation of the school and asbestos abatement, demolition will begin for
the construction of the high school, and the stadium, remaining athletics
facilities, and parking lot will be completed by August 2010.
Council Member Lea expressed concern about the accountability of the
School system, noting that the former Assistant Superintendent for Operations,
had stated that $6 million in overruns was not a lot of money and that City
Council should not be concerned; however, Mr. Lea pointed out that $6 million
is a lot of money, and the issue is accountability, and that Council is elected by
the citizens and is obligated to answer questions brought forth.
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Mr. Lea referred to a memo to Council dated September 28, 2006,
whereby concern was expressed about the effectiveness of J. M. Turner
Construction controlling project costs based upon an investigation. Council
Member Lea advised that he was not convinced that Council would be doing the
right thing by staying the course given information received from the Municipal
Auditor.
Mayor Harris noted that different dynamics are present with the William
Fleming rebuild in comparison to Patrick Henry that will impact costs, Patrick
Henry High School was multi-phased, whereas William Fleming would not be;
William Fleming will be built while all the students and activities are ongoing in
the original school; and thereafter, making the transfer at the appropriate time.
He pointed out that part of Patrick Henry had to be demolished in order to
construct the new part and modular classrooms had to be placed on site, which
will not occur at William Fleming; and some of the increase in the cost at Patrick
Henry was due to the multi-phase as well as a significant increase in the cost of
construction materials.
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Mayor Harris inquired about the role of minority-owned, women-owned,
and local businesses participating in projects involving public monies;
whereupon, Vice-Chair Nash advised that the larger the contract, the more
difficult it is for not only minority and women·owned businesses, but also small
businesses to participate because the standards are high, bonding is required,
it takes a cooperative effort to work with companies to get people involved; and
90 percent of the $50 million plus being spent on Patrick Henry involves local
contracts, which has a positive impact on the community.
Council Member Mason questioned if women and minority businesses
would be able to become more competitive and be part of the project through
the packages and the construction manager method; whereupon, Mr. Rife
explained that the bids will go directly to the School Board to be opened, read
publicly, and the lowest bid will be awarded the contract; and whereby if
women and minority businesses bid directly to a general contractor, the Board
does not receive the bids, and the lowest bid mayor may not be used. He
explained that the bid package is prepared by the Construction Manager and is
presented to the School's Procurement Office for proper advertising and the
procurement process.
Council Member Wishneff inquired as to the estimated fee for J. M. Turner
Construction Co., in connection with construction of the new William Fleming
High School; whereupon, it was noted that the fee is not based on a percentage,
but a fixed price, which is approximately $2 million.
Council Member Wishneff also inquired as to the number of employees
employed in the Central Administration during the previous administration, and
requested information regarding the number and salary it would represent; Mr.
Nash advised that the Superintendent would be instructed to respond.
There being no further additional questions, Council Member Wishneff
offered a motion that City Council freeze any additional money allocated to the
School Board until the Board properly put William Fleming out to bid, noting
that the scope of the project would not change, only the process. The motion
was seconded by Council Member Lea.
Following clarification of the abovedescribed motion, the motion failed by
the following vote:
AYES: Council Members Lea and Wishneffnmn--n--nnm-m_nmnm.n___.m2.
NAYS: Council Members Mason, Trinkle, and Mayor Harrisnh.---.mmmn3.
I (Council Members Dowe and Fitzpatrick were absent.)
324
There being no further discussion, the Mayor expressed appreciation to
the School Board for its presentation.
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At 10:30 a.m., the Mayor declared the meeting in recess.
At 10:40 a.m., the Council meeting reconvened, with all Members of the
Council in attendance, with the exception of Council Members Dowe and
Fitzpatrick, Mayor Harris presiding.
AMPHITHEATER: The City Manager advised that the City had hired the
firm of Economic Research Associates (ERA) to provide consulting services with
regard to a marketing study for an outdoor amphitheater; and she noted that,
ERA will be consultant to:
· provide an analysis of comparable and competitive facilities
· obtain direct input from potential users through surveys
· assess the market potential for an outdoor amphitheater in the Roanoke
Valley
· provide determination of most optimum geographic placement of an
outdoor amphitheater I
· provide a description of events that could utilize the outdoor
amphitheater
· provide estimated attendance and patron spending at each type of event
· provide other relevant information
· provide a preliminary financial analysis in an effort to estimate the
operating revenues associated with the development of an outdoor
amphitheater
· provide estimates of operating revenues and expenses associated with
the development of an outdoor amphitheater
· develop detailed, integrated financial models that accommodate
extensive sensitivity analysis to estimate the financial operations specific
to the development of an outdoor amphitheater
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The City Manager introduced two consultants. William Owens, Senior
Vice·President, Economic Research Associates, advised that his firm consists of
real estate development consultants who specialize in attractions,
entertainment, and leisure type developments; and the firm had completed
event venues of all types ranging from large amphitheaters to civic centers,
arenas, and stadiums; and highlighted the following components of the Market
Study:
o Market characteristics
o Competitive venues
o Comparable facilities
o Interviews with potential users
o Estimated market demand
o Locational characteristics
o Market study report
o Preliminary financial analysis
Mr. Owens reviewed the following:
Amphitheater Sizing:
o The Roanoke-area market can support a mid'sized amphitheater.
o The recommended capacity of the outdoor amphitheater would be
7,000, with 2,000 - 3,000 seats under shelter. The remainder
would be festival-style seating on a lawn.
Estimated Activity:
o Potential number of concerts is estimated at 1 5 - 18 per year
(national acts).
o Attendance during a stabilized year is estimated at roughly 3,500
per concert.
o Depending on location and other factors, the facility could also be
used for non-revenue entertainment and community activities.
o The above estimate of the number of national acts assumes that
the amphitheater will have an exclusive promoter with existing
operations elsewhere and the ability. to book acts at more than one
amphitheater.
Some National Artists Who Use Comparable Amphitheaters:
Bonnie Raitt Wynton Marsalis Trace Adkins
Charlie Daniels Band Lynyrd Skynyrd Los Lobos
George Clinton Sara Evans Willie Nelson
Widespread Panic Dwight Yoakum Merle Haggard
Ashlee Simpson Bob Dylan Trisha Yearwood
JackJohnson
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Amphitheater Components:
· A cover over the stage and over 2,000 - 3, 000 of the seats; other
seating on lawn.
· Back·of·stage facilities for the artists.
· Restrooms for the audience.
· Concession stands, small box office, production office.
· Audience parking at site and within easy walking distance.
Parking:
· Approximately 1,525 parking spaces would be needed for the
average attendance of 3,500.
· Approximately 3,050 spaces would be needed for a capacity crowd
of 7,000.
· The above rough estimate should be refined during physical
planning.
Status of the Financial Analysis:
· Based on financial information gathered to date, ERA believes that
this facility will be a break·even operation, plus or minus, from the
standpoint of operations. It will not amortize its capital costs.
· Factors influencing financial performance include the limited
number of events and the high cost of talent, which makes it
difficult for a promoter to survive on ticket revenues alone.
· Finalization of the preliminary financial analysis is awaiting
outstanding information on several comparables.
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OVERVIEW OF THE CONCERT INDUSTRY
Types of Concert Venues:
· clubs
· theaters
· arenas (multipurpose)
· amphitheaters
· stadiums (multipurpose)
Outdoor Amphitheaters - Typical Sizes:
· mid-sized: 4,000 - 8,000 capacity
· large: 15,000 - 25,000 capacity
Concert Industry Activity:
· It is a vigorous industry.
· Number of tickets sold was in the range of 68 million and 72
million during 2002-05.
· Total ticket revenues have increased rapidly since 1999, but this
reflects increases in ticket prices, particularly at the larger venues.
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Concert Industry Participants
· arti sts
· artist reps or booking agents
· promoters (and talent buyers)
· venue operators
· venue owners
· participants often wear more than one hat
John Haessler, Senior Associate, Economic Research Associates, gave an
overview regarding the concert industry and market characteristics:
MARKET CHARACTERISTICS
MARKETS WITHIN 50 MILES OF ROANOKE
__n 0·25 miles 25·50 Miles
Estimated Population 335,049 536,756
Number of households 140,011 217,475
Number of families 92,623 140,012
Averaqe household size 2.33 2.34
Median household inc. $46,466.00 $39,863.00
Per capita income $26,470.00 $22,470.00
Median age of poP. 41.5 38.1
Note: Straight-line distance from downtown Roanoke. Data from 2005 estimate
by ESRI.
COMPETITION
Major Concert Venues in the Region:
· Roanoke Performing Arts Theater (RPAT): capacity 2,148.
· Salem Civic Center arena: multipurpose facility; concert capacity
8,000; 13 highway miles from downtown Roanoke.
· RCC Coliseum: multipurpose facility; concert capacity 11,000.
Closest Amphitheaters to Roanoke:
. Carrington Pavilion in Danville: 84 highway miles from Roanoke;
capacity 6,184; 5 major concerts per year.
. Charlottesville Pavilion, 120 miles; capacity 4,300; 28 major
concerts per year.
· Innsbrook Pavilion near Richmond, 178 miles, capacity 6,500: 28
major concerts per year.
Examples of Development Cost:
· Carrington Pavilion in Danville cost about $1 million in 2003,
according to management.
· Total cost of Charlottesville Pavilion (2005) was not given, but is
understood to be approximately $5 million. Of this, $3.4 million
was financed through the local IDA.
· The above costs did not include parking, which was already in
place.
328
Competitive Overview:
· A mid-sized amphitheater (7,000 capacity, 3,500 estimated
average) would fill the gap between RPAT (2,148) and the RCC
Coliseum and Salem CC arena (11,000 and 8,000).
· The indoor venues have only a few commercial concerts during the
May-September season that is characteristic of amphitheaters.
· Danville's amphitheater is limited in its competition, with only five
major concerts per year and a distance of 84 miles.
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COMPARABLES
L A h' h
arqe mp It eaters In t e n- tate rea
Amphitheater Capacity 25-Mile
PODulation
Nissan Pavilion, Bristow VA 22,500 1,79B,478
Merriweather Post Pavilion, Columbia 17,500 4,205,472
MO
Alltel Pavilion, Raleiah, NC..'---- -_._-- -
20,000 1 050,654
Verizon Amohitheater, Charlotte, NC 18,500 1321,499
Verizon, Amohitheater, VA Beach, VA 20,0.00 1,161,931 ....--
h T' S
A
Se ecte Mi ·size Amol it eaters in Small and Medium Markets
Amphitheater 25-Mile Concerts in 2005 200S Avg. Concerts
Ponulation ,- oer concert in 2006
Les Schwab 138,975 7 3,261 10
Amphitheater,
Bend Oreaon
Carrington 201,502 5 dna 5
Pavilion,
Danville, VA
Charlottesville 238,589 17 2,059 28
Pavilion,
Charlottesville,
VA
Innsbrook 913,293 dna 3,500 28
Pavilion, Glen
Allen, VA
d
d
d
h h
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Note: dna ~ Data not available,
Se ecte Mi -size Amo it eaters in ma an e ium Mar ets
Amphitheater Permanent Portable Seat Total Capacity Sheltered
Seats S Dace - Seats
Les Schwab 0 8,000 8,000 0
Amphitheater,
Bend Oregon
Carrington 1,184 5,000 6,184 1,184
Pavilion,
Oanville, VA
Charlottesville 0 4,300 4,300 2,800
Pavilion,
Charlottesville,
VA
...____ _.n ..----
Innsbrook 0 6,500 6,500 0
Pavilion, Glen
Allen, VA ....
d
d
d
h h
S
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RATIONALE FOR FINDINGS
Feedback from Local Organizations:
· Roanoke Symphony Orchestra might hold one concert per year at
the amphitheater, particularly if it is acoustically suitable.
· Music for Americans Uuly 4 concert) is happy where it is now, per
Jan Wilkins Enterprises.
· Festival in the Park concerts could be held at the amphitheater if it
is located downtown, per Event Zone.
Feedback from Promoters Elsewhere:
· Outside promoters who rent the existing facilities at Roanoke Civic
Center for concerts were generally not interested in an outdoor
amphitheater, since they prefer indoor facilities.
Feedback from Promoters Elsewhere:
· For some concert promoters at amphitheaters elsewhere in
Virginia, an amphitheater in Roanoke would be desirable because it
would mesh with their "routes", increasing buying power with the
artists.
· One existing amphitheater promoter said he would welcome the
opportunity to be the promoter for an amphitheater in Roanoke,
and another said he would consider it.
Experience in Other Markets:
· At least three markets that are smaller than Roanoke's have shown
the ability to support an annual concert series.
o Bend, Oregon, with 10 concerts per year.
o Danville, VA, with 5 concerts per year.
o Charlottesville, VA, with 28 concerts per year.
· The number of concerts at Charlottesville may be an anomaly, since
Innsbrook Pavilion, in a larger market, also does 28. Hence, caution
is indicated.
· Also, Innsbrook reportedly achieved a average attendance of 3,500
in 2005, compared to about 2,000 at Charlottesville (its first year
of operations.)
Estimate of Activity:
· Based on evaluation of the general pattern shown above, ERA
believes that an appropriate outdoor amphitheater in Roanoke
could account for 15 to 18 commercial concerts per year at an
average attendance of 3,500 in a stabilized year.
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Underlying Assumptions:
· An exclusive promoter with extensive experience in amphitheater
concerts and artist contacts.
· A facility of the described configuration.
· A good location, including good highway access, and neighboring
uses that are compatible with the noise spillover from an
amphitheater.
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LOCATIONAL CONSIDERATIONS
Background:
· ERA's assignment did not include recommending a specific site.
· ERA has articulated key factors to consider in locating an
amphitheater.
· The City asked ERA to comment on four possible sites it has
identified.
Key Locational Considerations:
· Good highway access, including ability to handle concert traffic
surge.
· Ability to minimize concert noise spillover to residences.
· Ample parking onsite and/or within easy walking distance.
· Location in an area perceived to be safe.
· Location in visually pleasant surroundings.
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Four Candidate Sites Identified by the City to Date:
· Explore Park, in Roanoke County.
· Elmwood Park in Roanoke City.
· Reserve Avenue site in Roanoke City (former Victory Stadium and
adjoining land.)
· Orange Avenue site, at Interstate 581.
Explore Park:
· Owner: VA Recreational Facilities Auth., optioned to a prospective
developer.
· Size: Over 900 acres.
· Access: Poor. (One lane in each direction. Remote from an
, interstate.)
· Distance to nearest residence unknown, but large acreage should
provide flexibility of siting regarding noise spillover.
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Elmwood Park:
· Owner: City of Roanoke.
· Size: Rectangle of 5.5 acres, les the library building, plus a "tail."
· Access: Good to very good.
· Nearest residence is approximately 400 feet from edge of parcel.
· Site has been used for concerts during Festival in the Park.
Reserve Avenue Site:
· Owner: City of Roanoke.
· Size: Parcel of 34.5 acres, including existing structures.
· Access: Good.
· Nearest residence is approximately 800 feet from edge of parcel.
· Fourth of July concert was held nearby.
· Site is in flood plain.
Orange Avenue Site:
· Owner: City of Roanoke.
· Size: Parcel of roughly 20 acres.
· Access: Excellent.
· Nearest residence is approximately 200 feet from edge of parcel.
· Roanoke Civic Center and its parking lots are across Orange
Avenue.
Roanoke Quadrants, Ranked:
· N. W., due to 1-581 and US 460.
· N. E., due to US 460, and circuitous access by 1-581.
· S. W., due to Roy L. Webber Expressway/220 Expressway, an
extension of 1·58 J.
· S. E., with lowest access overall.
Council Member Lea inquired if the site rankings presented were from
poor to excellent; whereupon, Mr. Haessler advised that ERA did not rank the
sites, but presented the summary strengths and weaknesses; and access to the
sites was ranked to tie the quadrants with the four sites.
The City Manager clarified the abovementioned comment given by Mr.
Haessler, adding that due to several discussions with Roanoke County and
because a developer may have an option on the Orange Avenue site for
consideration of an amphitheater, the City instructed ERA to speCifically
comment on the four sites, not to pick a site or suggest on whether any of the
four sites was a prime site.
332
Council Member Lea noted that parking is a major issue that needs to be I
considered; whereupon, Mr. Haessler advised that ERA has provided criteria to
go into more analysis and evaluation on the four sites or other sites that might
be identified.
Council Member Lea remarked that the City of Danville appears
comparable to Roanoke in terms of the size of its amphitheater and questioned
why Danville only had five scheduled events; whereupon, Mr. Haessler advised
that Danville has a smaller market and the number of events is appropriate; and
Danville does not have an outside promoter, but does have a local organization
that arranges the events. He further advised that the promoter component is
very important since there is a risk factor, and most promoters make their own
arrangements with the artists' agents for a particular date, and the promoters
have experience because of their time in the industry.
Council Member Wishneff urged Council to give serious consideration to
the economic spin off or impact on the immediate surrounding area, and to be
mindful of the Jefferson Center and Event Zone when considering how a
proposed amphitheater would be operated and managed so as not to exclude
either organization, but to value their expertise. He inquired if the next phase
would deal with finances; whereupon, the City Manager advised that ERA will
complete a financial analysis in general terms regarding the cost of a facility,
and the size and description which has been identified as suitable for the City.
She pointed out that the firm was not commissioned to perform the financial
analysis until after the preliminary report had been received confirming whether
the community could support an amphitheater. In an effort to be conservative
with City funds, she would not commission the full amount of funds until
September 2006, whereas the firm is now ready to move forward.
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Council Member Wishneff added that he would prefer that the City have
as a goal to meet the challenge of creating a model that would pay for itself.
Vice-Mayor Trinkle noted that one benefit of lawn seating is the site can
be made larger or smaller depending on the location. Mr. Haessler advised that
lawn seating is also a function of the cost per person, and once sheltered
seating is provided, any lawn area seating is relatively inexpensive to provide.
Vice-Mayor Trinkle suggested that at some point, ERA review the next steps to
follow.
.
Council Member Mason inquired as to which promoters were contacted in
the area; whereupon, Mr. Haessler advised that they had spoken with Jan
Wilkins and a representative of the Event Zone, however, most teenagers did
not recognize some of the acts that were booked.
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The City Manager advised that she would work on the next phase to
move discussions forward, and she called attention to a possible market in
certain parts of West Virginia that supports the Coliseum on occasions.
There being no additional questions or comments, the Mayor expressed
appreciation to Mr. Haessler and Mr. Owens on their presentation.
TOWING SERVICES: The City Manager advised that Council had permitted
an invitation for a Request for Proposals for Towing Services, which preceded a
year's worth of conversation and effort by the City Administration and the
Towing Advisory Board to deal with complaints received from citizens regarding
towing charges for vehicles as a result of accidents. She gave an examplenon
occasion, two citizens could be involved in the same accident, use two different
towers based upon the rotating towing list, and would be charged differently.
She further advised that even though the complaints were brought to the
Towing Advisory Board, there was no positive resolution, and the City is unable
to deal with citizen complaints under the current process. She stated that
although it was known that the Request for Proposals would not be positively
accepted by the towing community, the City did not have any other options
available and the consultants to the local towers agreed to the capping fees;
and at its September 18, 2006 Session, Council was asked by a representative
of the towing community to defer the award any contracts through the RFP
process until after discussions could be held with City staff. She pointed out
that the City did receive a reasonable number of responses to the RFP; however,
the City is holding, in abeyance, the proposals until after today's Council
briefing. She added that it is the Administration's position that there is
adequate interest in the responses to negotiate good contracts, and she would
like Council's support to proceed. Ms. Burcham commented that the City
Attorney had advised as of July 1, the State Code had been revised with regard
to the composition of the Towing Advisory Board; and it is the desire of the
Administration, subject to the willingness of Council, to have the Towing
Advisory Board reconstituted based on the new State guidelines. The City
Manager remarked that the City desires to take the recommendation of the
successful contract on both the light duty and the heavy duty vehicles to the
new Towing Advisory Board for their review prior to an award.
Council Member Mason raised question regarding the initiation of the
amendment to the State Code; whereupon, the City Attorney advised that the
revision was initiated by towing lobbyists, and it is yet to be seen whether the
revision will be consumer friendly or local government friendly since it was not
requested by localities. He further advised that there are many issues involved
such as economics, the large tower versus the small tower, the tower with a
place of business in a city and the one without, and all competing for the same
business and wanting preferential treatment. Based on his understanding, the
City Attorney stated that most of the towing businesses in the City have been
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satisfied with the City's course of action, however, Council is hearing from
lobbyists and lawyers hired by larger firms that prefer to keep a lock on the I
business.
The City Manager advised that the City also currently uses towers and
have received responses from towers who are not located within the City; there
are other Virginia First Cities that require a towing company to run a business
within the City limits, but a requirement was not included in the City's current
RFP. She interjected that for several years the City was satisfied with the
rotating system, but the system no longer serves the citizens. Because there is
no resolution when issues are presented to the Towing Advisory Board as well
as the lack of policing themselves in an informal way, she indicated that the
City believes the recommended action would accomplish what is desired on
behalf of the citizens.
Vice-Mayor Trinkle questioned how citizen complaints regarding a small
towing operation was addressed in the RFP; whereupon, the City Manager
advised that two RFP's were issued for different sized vehicles; the City received
proposals from 8 of 11 towers, most shared the rates listed in the RFP, which
were within their current rate structure; and responses for the heavy duty tows
were also received by the City.
Timothy Spencer, Assistant City Attorney, advised that the initial rate I
amounts were $125.00 per tow, with a $125.00 off right-of-way surcharge; and
the amounts were amended, per feedback, from the towing community up to
$145.00, per tow, and $125.00 for extraordinary circumstances, such as a car
on its side in the right-of-way. Mr. Spencer further advised that under the
proposed contract, citizen complaints will be investigated by the Police
Department, and in turn, would go to the Towing Advisory Board for input; and
thereafter, the Police Chief would make the final determination regarding
appropriate action on behalf of the citizen. He pOinted out the process will
continue to involve the Towing Advisory Board as an advisory board, but not as
a regulatory board, which would give citizens finalization locally through a
determination by the Police Chief.
Council Member Lea requested that the City Administration be allowed to
proceed and negotiate the RFP's since the Towing Advisory Board had to be
reconstituted.
The City Manager expressed appreciation to the Council for its support in
allowing the Administration to move forward.
GREENWAY: Steve Buschor, Director, Parks and Recreation, introduced Ms.
Lucy Ellett, President, Regional Greenways Commission.
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Donnie Underwood, Parks and Greenways Planner, advised that several
months ago, Council was updated on the greenways planning process. He
further advised that the Greenway Commission is studying Hurt Park as sample
community, to learn not only where citizens want to go, but where it makes the
most sense to locate trails, greenways, biking and walking opportunities which
could raise property values, as well as target those areas in need. He indicated
that the numbers provided by the Roanoke City Health Department regarding
obesity are taken into consideration in setting priorities as to the location of
greenways and trails in order to provide physical activity opportunities. He
presented an overview with regard to greenways.
Elizabeth Belcher, Greenway Coordinator, advised that work has been
progressing on a regional greenway update, and she wanted to present a status
report to Council with regard to the process and to receive input before the
draft plan is made public. She noted that the City has been a tremendous
leader with regard to the plan; based on an update in 2005, comments received
were that more focus was needed to finish a few bigger projects in order to
attract people to visit the area; and the public voiced their desire that the
Roanoke River Greenway be finished, whereby the City has taken the lead in
conjunction with the Corps of Engineers on the Roanoke River Flood Reduction
Project and other projects in the works are the Roanoke River project, the Mill
Mountain, Tinker Creek, Mill Mountain Star Trail, and Murray Run Greenway.
Council Member Mason reminded everyone that Saturday is the Fall River
Cleanup and urged Council Members to participate.
With regard to Carvins Cove, Vice-Mayor Trinkle questioned, whether a
bridge will be constructed to connect Tinker Creek Greenway to the Roanoke
River Greenway; whereupon, Ms. Belcher advised that the Greenway Master Plan
shows there will be a bridge from the Roanoke River Greenway to the Tinker
Creek Greenway; the Tinker Creek Greenway will run for a mile out to Wise
Avenue, S. W., but the conceptual plan calls for the Tinker Greenway to connect
to Masons Mill Park and East Gate, and beyond there it would be in Roanoke
County. She pointed out when the route was studied in the master planning
process, the Greenway was to cut over from Tinker Creek to Carvins Creek by
Hollins University, and not stay on Tinker Creek the entire way; and there was
also discussion with the Hollins University officials about going through their
property to get to Carvins Cove.
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Regarding the Roanoke River Greenway, Vice-Mayor Trinkle questioned if I
the Greenway would be completed in five years in the City only; whereupon, Ms.
Belcher advised that it is believed that the other localities will finish also within
five years. She indicated that the City of Salem was in the process of completing
the engineering aspects on all of its greenway and is implementing a schedule
to complete its greenway within five years; and there is also a section in
another area that requires a fair amount of right of way acquisition, and Salem
would like to complete the section from Green Hill Park to Explore Park in five
years.
Council Member Lea requested additional information regarding the
"toolbox" in Hurt Park; whereupon, Mr. Underwood advised that Virginia Tech is
working on a plan to analyze the landscape to locate attractive walking and
biking avenues that can be installed in Hurt Park to enable people to get to
schools, churches, or village centers without crossing several streets, and
identify properties the City needs to study in the future to make said
connection, and this indicator or checklist could be used not only in Hurt Park,
but anywhere.
The City Manager reminded City Council that the City made a
commitment for approximately 10 years to provide $2 million, $200,000.00 a
year, for greenway development. She pointed out that the City is the only
community thus far to make an ongoing annual commitment towards greenway
development; and a large part of the Roanoke River Greenway is being
developed through the Roanoke River Flood Reduction Project, but there is also
City money involved that goes above and beyond the $2 million commitment.
Ms. Burcham explained that the biggest challenge to the greenway development
is acquisition of easements or land for the greenway itself; and volunteers help
to alleviate some of the cost of construction if the City acquires rights·of·way;
She noted that several conversations have been held with business leaders to
encourage them to speak to the business community about donating
easements or rights·of-way as part of economic development. She
acknowledged that this is an economic development tool and a benefit, but
there is difficulty getting businesses to understand that the availability of
easement or rights-of-way primarily to the rear of their property is an
advantage; and the word about the advantages to greenways has to get into the
private sector so that there will be a more receptive audience when either the
Greenway Commission or a locality attempts to secure said right·of-way.
LEAF COLLECTION: The City Manager noted that citizens were beginning
to contact the City regarding leaf collection; therefore, she wanted to share
some changes that would be instituted in the leaf collection process.
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Mark Jamison, Manager, Streets and Traffic, advised that the Public Works
Department is responsible for leaf collection services, Solid Waste Management
handles the bag leaf collection and the Transportation Division handles loose
leaf collection; changes were being proposed in the loose leaf collection
process to simplify the process for citizens and to shorten the time frame by
which the City uses to provide the service. He introduced Dwayne Dardenne,
Landscape Coordinator, who administers the leaf collection program.
The City Manager announced that Mr. Jamison had been promoted to the
Manager position that had been vacated by Ken King.
Mr. Dardenne advised that he has overseen the leaf collection program
for approximately seven years, and noted the major problem is scheduling;
whereby the City starts too early and ends too late. He pointed out that the
schedule is complex and hard to comprehend; and the department is proposing
that leaf collection be condensed to four weeks, one for each zone, to occur on
trash day; and resources will be added such as overtime, additional equipment
rental, etc. He further stated that a post card will be mailed to all City
residences advising of the new schedule; an ad will be published in The
Roanoke Times displaying a new map and schedule; and the normal media
outlets will also be utilized for notification. He called attention to alternatives
to the program which the City encourages residents to use, such as mulch
mowing, compostillg, hiring of a contractor to remove leaves, bag leaves for
pick up by the Solid Waste Management Division, or pay the cost of $40.00 for
special collection. He pointed out that the City has an agreement with
Rockydale Quarries to compost all leaves collected into a manufactured top soil
which can be sold.
The City Manager added that the agreement with Rockydale Quarries
reduces the City's cost because the City does not have to dispose of the leaves.
Council Member Mason also noted that the City recycles trash bags. The
City Manager urged the citizens to use recyclable bags for leaf disposal.
Council Member Lea suggested that the new leaf program schedule also
be published in The Roanoke Tribune; whereupon, Mr. Dardenne stated that the
schedule would also be posted on RVTV Message Board.
CITY MARKET: Mark Jamison, Manager, Streets and Traffic, advised that
the Public Works Department has been working with the Economic Development
Department to find some way to keep trucks from damaging the corners of the
Market Building. Suggestions have been proposed such as enhance the
decorative appearance and aesthetics, or ballards. He advised that estimates
had been received with regard to repairing the canopies, noting that two of the
338
canopies on the Salem Avenue side had been hit several times, whereby
structural work is now required to the canopy underside, and no canopy repair I
will be done until the street work has been completed.
There being no additional comments or questions by Council, the City
Manager advised that she would proceed accordingly.
At 1 :00 p.m., the Mayor declared the Council meeting in recess for a
Closed Session.
At 2:00 p.m., on Monday, October 2, 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 Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle and Mayor C. Nelson Harrisnn.nnnnnmnnnmmmmn__mnm__-4.
ABSENT: Council Members Alfred T. Dowe, Jr., and Beverly T. Fitzpatrick,
Jr., and Brian J. Wishneff _mnmm__nmhmnnnn__mnmmmnnnmmnmmm_mnm3.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
POLICE DEPARTMENT: The Mayor presented a proclamation to Joe
Gaskins, Chief of Police, declaring the month of October 2006, as Crime
Prevention Month.
POLICE DEPARTMENT·HUMAN DEVELOPMENT: The Mayor presented a
proclamation to Captain Richard White of The Salvation Army declaring the
month of October 2006, as Domestic Violence Awareness Month.
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BLUE RIDGE BEHAVIORAL HEALTHCARE: The Mayor presented a
proclamation to Phyllis Scruggs, President, National Association of Mental
Illness (NAMI), Roanoke Affiliate, declaring the week of October 1 - 7, 2006, as
Mental Illness Awareness Week.
FIRE DEPARTMENT: The Mayor presented a proclamation to David Hoback,
Acting Fire-EMS Chief, declaring the week of October 8 - 14, 2006, as Fire
Prevention Week.
PARKS: The Mayor presented a proclamation to Gary Hegner,
Superintendent, Park Maintenance, declaring Saturday, October 7, 2006, as Fall
Waterways Cleanup Day.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately.
CITY MARKET-LEASES: A written communication from the City Manager
requesting that Council schedule a public hearing for Thursday, October 19,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to the request of John Michael Forrester, Jr., d/b/a/ Red Coyote, to lease
240 square feet of space located in the City Market Building at 32 Market
Square, was before the body.
Council Member Mason moved that Council concur in the request of the
City Manager. The motion was seconded by Council Member Lea and adopted
by the folloWing vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisu.uouonn-4.
NAYS: No n e 0000 _n_ -- -- --.. nOo' - _00 .un - - - - - - - - -00 - - - - - - 0000_ - _000000_000000... 00000000 U'on - --- -0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
CITY MARKET-LEASES: A written communication from the City Manager
requesting that Council schedule a public hearing for Thursday, October 19,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to the request of Penick, Inc., d/b/a/ New York Subs, to lease 290
square feet of space located in the City Market Building at 32 Market Square,
was before the body.
340
Council Member Mason moved that Council concur in the request of the I
City Manager. The motion was seconded by Council Member Lea and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnnmnom-4.
NAYS: Non e --- - 0000 - - noon 00 .000000- - - - nnunn·. - - _.0000 - - 00 _nn_Unnnn. - - - - n_nn -...- 00-0 .
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
PURCHASE/SALE OF PROPERTY·ClTY PROPERTY-STREETS AND ALLEYS: A
written communication from the City Manager requesting that Council schedule
a public hearing for Thursday, October 19, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to the sale of City-owned
property located at the northeast corner of Overland Road and Brambleton
Avenue, S. W., was before the body.
Council Member Mason moved that Council concur in the request of the
City Manager. The motion was seconded by Council Member Lea and adopted
by the following vote:
NAYS: Non e h_ ---00- - _nnnn_n_on_n_ _00_00____00_00 - - 0000 - - -0 nnnnnn. 00 - - 00 nnnn__ _nhO .
I
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris·mmmm-4.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
TAXES: A written communication from the City Manager requesting
Council that schedule a public hearing for Thursday, October 19, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the
request of Kazim Temple Corporation, a non-profit organization, for tax exempt
status of four vacant lots located in the 1900 block of Rorer Avenue, S. W., was
before the body.
Council Member Mason moved that Council concur in the request of the
City Manager. The motion was seconded by Council Member Lea and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrismmm-m-4.
NAYS: N 0 nennnnOn_nn.h__.Un____nn__n___.___nnn_n.nnnnnnn___n_nnnnn..--0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
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PARKS AND RECREATION: A written communication from the City
Manager requesting that Council schedule a public hearing for Thursday,
October 19, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to the dedication of restrictive covenants on a 3.29'acre
portion of Thrasher Park located at 907 Vinton Mill Road, N. E., was before the
body.
Council Member Mason moved that Council concur in the request of the
City Manager. The motion was seconded by Council Member Lea and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnnmnm--4.
NAYS: No n enn__n________________n__nn____n..n___n.n.oonoooo. ..00._0000____00__0000__0000_0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
COMMITTEES·ROANOKE CIVIC CENTER: A written communication from the
Acting City Clerk advising of the resignation of John W. Elliott, Jr., as a member
of the Roanoke Civic Center Commission, was before the body.
Council Member Mason moved that the communication be received and
filed and the resignation be accepted. The motion was seconded by Council
Member Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris--mm-mn4.
NAYS: Non e -- 00 00 n_Un. 00 - 00- - nnnnnn· __ - --0000.00- 00 00 00-00 -00-00- 00 -00.00.00 00._._ 00000000.0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION-CABLE TELEVISION·
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of the
follOWing persons, was before Council:
Sherman P. Lea as a City representative to the Roanoke Valley
Regional Cable Television Committee; and as a member of the
Roanoke Valley Allegheny Regional Commission to fill the
unexpired term of M. Rupert Cutler ending June 30, 2008;
William M. Hackworth as the City Attorney; Jesse A. Hall as the
Director of Finance; and Troy A. Harmon as the Municipal Auditor,
for terms commencing October 1, 2006, and ending September 30,
2008; and
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Sandra ß, Kelly as a member of the Roanoke Neighborhood
Advocates, for a term ending June 30, 2009.
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Council Member Mason moved that the report of qualification be received
and filed. The motion was seconded by Council Member Lea and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnnm--.--.-4.
NAYS: No n e_n_________..__.__...n__nnnn_____nn_____.__________n__n_ nnnnn____u__.____Q.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
REGULAR AGENDA
PUBLIC HEARINGS:
BUDGET-CMERP-SCHOOLS: Pursuant to instructions by the Council, the
Acting City Clerk having advertised a public hearing for Monday, October 2,
2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a
proposed adjustment to the aggregate amount of the City's Fiscal Year 2006-
2007 Annual Budget, and appropriation of funds for Fleet Management motor I
fuels, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday September 20, 2006.
(For full text, see publication on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like to
speak in connection with the matter.
Mary Terry, 3408 Pittsfield Avenue, N. W., President and CEO Southeast
Rural Community Assistance Project, Inc., advised that Southeast Rural
Community Assistance Project (Southeast RCAP) Inc., recently purchased a
vacant office building located at 347 Campbell Avenue to rehabilitate in order
to incorporate the latest energy saving and environmental technology. She
further advised that one of the goals is to establish an environmental center
with state of the art computer software to allow for educational research, which
will be available to area schools, colleges, and citizens, to complete research on
environmental issues; and it will be the only center of its kind in the Roanoke
Valley.
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Ms. Terry stated that Southeast RCAP intends to capture and reuse
rainwater to provide the water source throughout the building using a rainwater
management system: this technology although not new, has not received the
exposure needed to entice businesses and homeowners to help conserve our
most precious resource; Southeast RCAP anticipates designing the rainwater
management system to display the rainwater management steps through the
use of clear containers and piping to allow for education of the system's
components; and a fountain will be constructed in the lobby of the main floor,
which will serve to provide aeration and provide a focal point for the building.
She indicated that the parking area would be covered by a green roof that
would provide an area for a small park; the vegetation would be hydrated with
gray water and recycled wastewater with virtually no waste going into the storm
water drainage system; and the roof would not only eliminate an urban heat
island, which has become an urban necessity, but would significantly decrease
the amount of wastewater that would need to be treated and recycled through
commercial systems. She noted that the technology could be used in new
residential and commercial construction of all sizes, to address the need to
reduce the volume of treated wastewater to streams and rivers, along with
combined storm water and sewage overflow. She anticipates that through
extensive research, planning, and development, the "Green Building" will be a
showcase for the Roanoke Valley.
She added that windows would be added to the closed side of the
building and sky lights would be incorporated to the roof; each floor would
have an aperture to the roof allowing natural light to illuminate the center of
the building; the walls of the said opening would be covered with a reflective
material to maximize the reflection of natural light; and the space would also
create a vortex effect that allows for the natural circulation of air from floor to
floor, thereby enhancing the air quality and creating a healthy workplace
environment which is free of much indoor pollution.
Ms. Terry further stated that their intention is to rehabilitate the existing
structure to enhance the beautification of the City and occupy a building within
the downtown area that is currently vacant; the planned green space will be
significant as the only one of its kind in the City and will add to the ongoing
beautification efforts for the City of Roanoke; Southeast RCAP is currently
working with the Department of Historic Resources to be included in the
proposed Salem Avenue Historic District which has been accomplished; the
Department of Historic Resources has determined that the building located at
347 Campbell Avenue will be included in the historic district as a non-
contributing building until work is complete on the reconstruction of the
original façade; and once the façade work is complete the Department of
Historic Resources will complete an evaluation to determine if the building can
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be considered contributing to the historic district. Currently, the building being
non·contributing does not qualify for State or Federal Historic Tax Credits;
should the designation be determined as contributing, the project will be
eligible for Historic Tax Credits; funds obtained through the Historic Tax Credit
process are critical to the project; Southeast RCAP's goal was to use Historic
Tax Credits funds to begin the renovations for this project; and once the
discovery was made that they were not eligible for funds through this process,
the project is at a stand still.
Ms. Terry pointed out that she discussed the purchase of the building
and other property outside the City limits; it was the City's strong desire for the
organization to relocate within the City limits; and based on information
provided by City staff regarding the inclusion and designation in the proposed
historic district, the building was purchased. Southeast RCAP is responsible for
bringing approximately $6.8 million to the City of Roanoke through various
medium; they have hosted numerous annual conferences at local conference
centers including the Hotel Roanoke, Wyndham and the Higher Education
Center; their partnership with other businesses within the City include
SunTrust, Wachovia, and First Citizens Banks; Accordia, Anthem Blue Cross and
Blue Shield, and Rutherford Insurance Companies; TAP, United Way, and Habitat
for Humanity, Sir Speedy, Curry Copier, Coca Cola, Channel 7, Channel 10, and
the Roanoke Times, and they are active members of the Roanoke Chamber of
Commerce; and the organization employs over 40 employees who add to the
local economy.
She noted that their primary focus is to obtain funding to complete the
renovation of the façade and receive approval from the Department of Historic
Resources for the building to be included as a contributing building to the
Historic District. She added that the organization has received $150,000.00
estimated for this portion of the project.
Ms. Terry stressed the importance of the project to the City of Roanoke
and reminded Council of the erroneous information obtained from the City staff
regarding the Historic designation which has created this embarrassing
predicament. In closing, she requested the City's assistance to fund the
renovations in the amount of $500, 000.00.
The Mayor expressed appreciation to Ms. Terry for her remarks, and
advised that the remarks would be referred to the City Manager for review and
report to Council.
The City Manager submitted a written communication recommending
adjustment to the Undesignated Fund Balance of the Capital Maintenance and
Equipment Replacement Program (CMERP).
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(For full text, see communication on file in the City Clerk's Office.)
Vice'Mayor Trinkle offered the following budget ordinance:
(#37548) AN ORDINANCE to appropriate funding from Undesignated
Fund Balance for the Capital Maintenance and Equipment Replacement Program
(CMERP), funding from the Commonwealth of Virginia, funding from the
Western Virginia Water Authority, and funding for the Economic and Community
Development Reserve and the Reserve for Self·lnsured Claims, amending and
reordaining certain sections of the 2006-2007 General, Civic Facilities, Capital
Projects, Market Building, Department of Technology, Fleet Management, Risk
Management and Grant Funds Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 583.)
Vice·Mayor Trinkle moved the adoption of Budget Ordinance No. 37548
on its first reading. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris--nmu-m-4.
NAYS: Non e·u..uuu_nnnnn___nnn____n.n...u..__nn_u____.uu.u_.__nn_____-n-m-O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
SCHOOLS: The Roanoke City School Board submitted a written report
requesting appropriation of $1 million of Capital Maintenance and Equipment
Replacement Program (CMERP) funds to provide for a portion of the
construction costs of the new Patrick Henry High School.
The Director of Finance also submitted a written report recommending
that Council concur in the request of the School Board.
(For full text, see reports on file in the City Clerk's Office.)
Vice·Mayor Trinkle offered the following budget ordinance:
(#37549) AN ORDINANCE to appropriate funding from the 2006-07
Capital Maintenance and Equipment Replacement Program for the Patrick Henry
High School Project, amending and reordaining certain sections of the 2006-
2007 General, School, and School Capital Projects Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 587.)
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Vice-Mayor Trinkle moved that the adoption of Budget Ordinance No. I
37549 be placed on its first reading. The motion was seconded by Council
Member Mason and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrismoomu.n-4.
NAYS: Non e nnnun__n -- 000000_0 - - - - - - - - - - - - - 00 u 0000....00 .n.n__n 00 - - - - - -0 00 00 00 00 00 00 -. '00__ O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
SCHOOLS: The City Manager submitted a written 'communication
recommending authorization to execute a Memorandum of Understanding with
Roanoke City School Board to provide storage and distribution of motor fuels to
the School Board.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#37550) AN ORDINANCE to adjust the budget to reflect additional
billings to be made to the School Board for motor fuel, amending and
reordaining certain sections of the 2006-2007 Fleet Fund Appropriations.
I
(For full text of ordinance, see Ordinance Book No. 70, page 588.)
Council Member Mason moved the adoption of Budget Ordinance No.
37550 on its first reading. The motion was seconded by Vice-Mayor Trinkle and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnuh--n·---4.
NAYS: No n ennunoun_n__Unn_h__.Un.oo.. ..nnnhnn.. ....000000.0000__00____0000_______0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
Vice'Mayor Trinkle offered the following resolution:
(#37551-100206) A RESOLUTION authorizing the execution of a
Memorandum of Understanding with the School Board for the City of Roanoke
in order that the City may provide storage and distribution of motor fuel to the
School Board.
(For full text of resolution, see Resolution Book No. 70, page 564.)
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Vice·Mayor Trinkle moved the adoption of Resolution No. 37551-100206.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnnm-nm-4.
NAYS: Non e __nn___oo______._____.__OOu____·.m___mn____nh____oonoo_nnn____...-----m--O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET·FIRE DEPARTMENT-GRANTS: The City Manager submitted a
written communication recommending acceptance of the Fiscal Year 2007
Virginia Department of Fire Programs Grant, in the amount of $230,211.00.
I (For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37552·100206) A RESOLUTION authorizing acceptance of the FY 2007
Fire Programs Funds Grant made to the City of Roanoke by the Virginia
Department of Fire Programs, and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 565.)
Vice·Mayor moved the adoption of Resolution No. 37552·100206. The
motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrismmnmm4.
NAYS: No n en_n_nnn__n__nn___n_oonn_nnnnnnn_oo____________________nn_m--n--n·O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
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Council Member Mason offered the following budget ordinance:
I
(#37553) AN ORDINANCE appropriating funding from the
Commonwealth of Virginia for the Fire Program Grant, amending and
reordaining certain sections of the 2006-2007 Grant Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 589.)
Council Member Mason moved the adoption of Budget Ordinance No.
37553 on its first reading. The motion was seconded by Vice-Mayor Trinkle and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrism-----------4.
NAYS: Non e 00_ _00"" hn.' 00 00 00 00 nnn nhn.n..n 00 00 - - - - 00 _. .__. 00" _ _ 00_ _ _ _ _._ 00 - - __'00 00_.00 O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
SPECIAL EVENTS: The City Manager submitted a written communication
recommending amendment of Ordinance No. 37385-051106 adopted on
May 11, 2006, to include an annual salary increment for personal vehicle use
for the Arts Festival Director.
Council Member Lea offered the following ordinance:
I
(#37554) AN ORDINANCE amending Ordinance No. 37385-051106,
which adopted and established a Pay Plan for offices and employees of the City,
effective July 1, 2006.
(For full text of ordinance, see Ordinance Book No. 70, page 590.)
'Council Member Lea moved the adoption of Ordinance No. 37554 on its
first reading. The motion was seconded by Council Member Mason and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrishnnnmn-4.
NAYS: No n e .n.nnnnnn____n__n_________________nnnhhn.h.nnn.nnn______---00-0000·0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
PUBLIC WORKS·ClTY EMPLOYEES: The City Manager submitted a written
communication recommending authorization for an additional full-time I
permanent position within the City's Engineering Division.
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(For full text, see communication on file in the City Clerk's Office.)
Vice·Mayor Trinkle offered the following resolution:
(#37555-100206) A RESOLUTION authorizing the addition of one new
full-time, permanent position for the City's Engineering Division.
(For full text of resolution, see Resolution Book, No. 70, page 566.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 75 5 5-100206.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrisnmmnh.-4.
, NAYS: No ne m_nu.n_h·.nn__...n______nn_nu.u____.___nnnn 00 ___nn___.__n_n.m____O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of August 2006.
He highlighted some points of interest for the City's local property and
business taxes:
· Real Estate Tax revenue is anticipated to grow approximately 7.6% over
the prior fiscal year, and the installment is due October 5'h. On July 1,
2007, the real estate tax rate decreased from $1.21 to $1.19 per $100 of
the assessed property value. The anticipated revenue growth mentioned
above takes into account the reduction in the tax rate.
· Sales Tax revenue increased 10.7% over the prior fiscal year.
· Prepared Food and Beverage Tax revenue increased .9% over the prior
fiscal year.
· Transient Occupancy Tax revenue increased 5.7% through August.
· Admissions Tax increased 4.8% through the current month.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by the Council, the Mayor advised thin the Financial
Report for the month of August 2006, would be received and filed.
350
REPORTS OF COMMITTEES: NONE.
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UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
INDUSTRIES: Vice·Mayor Trinkle offered the following resolution
reappointing Allen D. Williams as a Director of the Industrial Development
Authority of the City of Roanoke, Virginia, for a term of four years, commencing
October 21, 2006:
(#37556-100206) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
(For full text of resolution, see Resolution Book No. 70, page 566.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 75 56-100206.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris-mmmm-4.
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NAYS: Non e 0000 -.0000 0000 - - 00 noon _00___ 00 00 - 00 00 - - 00 000000...___ 00 - - - - - - -00 00-00--- 00 00 0000 00 - - - - - O.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
Due to a revision to the State Code amendment requiring an equal
number of representatives of local law enforcement agencies and
representatives of licensed towing and recovery operators, and one member of
the general public to the Towing Advisory Board Council Member Mason offered
a motion to abolish the current Towing Advisory Board and reconstitute a new
Board in order to meet the requirements of Section 46.2-1337.2, Code of
Virginia (1950), as amended. The motion was seconded by Vice-Mayor Trinkle
and adopted.
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PARKS AND RECREATION-YOUTH: Council Member Lea announced that he
had the privilege to attend the Virginia Statewide Neighborhood Conference on
September 21-23,2006, in Danville, Virginia. He commented that the Parks and
Recreation's Youth Services Division was awarded the 2006 State Neighborhood
Youth Group Effort of the Year Award for its work on the first Comprehensive
Youth Plan. He commended Marion Vaughn-Howard, Youth Superintendent, Bob
Clement, Neighborhood Coordinator; and Estelle McCadden, President, Melrose
Rugby Neighborhood Organization for their attendance and efforts.
BUSES: Vice·Mayor Trinkle announced that he participated in Valley
Metro's Annual Bus Roadeo on Sunday, September 24 at the Roanoke Civic
Center and commended the Valley Metro drivers on their efforts and
commitment to safety.
HURRICANES: The Mayor called attention to a communication from the
Honorable Brent Warr, Mayor, City of Gulfport, Mississippi, expressing his
gratitude to the City of Roanoke for its support during the Hurricane Katrina
devastation last year. Mayor Harris referred an enclosed plaque from the Mayor
and the citizens of Gulfport to be displayed in recognition of the City of
Roanoke's efforts during such a difficult time.
I (For full text, see communication on file in the City Clerk's Office.)
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.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council
with regard to the construction of the Lick Run Greenway through the
Gainsboro Historic District. She inquired about the beautification and safety
measures for the area, specifically 2'd Street, N. E. She expressed concern with
regard to that the greenway running through two heavily traveled areas: 1-581
to the Hotel Roanoke and the Wells Avenue corridor. In connection with the
amendment to Ordinance 37385-051106 to include an annual salary increment
for personal vehicle use for the Arts Festival Director, Ms. Bethel questioned the
amount and the basis for the increments; and also inquired about the amount
of the total salary for the full-time permanent position in the Engineering
Division. She urged Council to give consideration to holding its 9:00 a.m.
sessions in the Council Chamber in order for the morning session to be
televised for viewing by the public.
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CITY MANAGER COMMENTS:
CITY EMPLOYEES-NAACP: The City Manager announced that Mary F.
Parker, former City Clerk, and Alice Kemp, Sanitation Driver/Leader, Solid Waste
Management, were recognized as "Ordinary People Doing Extraordinary Things"
at the Annual NAACP Citizen of the Year Award Ceremony, which was held on
Saturday, October 23, 2006, at High Street Baptist Church.
ANNUAL REPORT: The City Manager distributed copies of the City's 2005-
2006 Annual Report advising that the report would be mailed to all City
residents.
At 3:15 p.m., the Mayor declared the Council meeting in recess for
continuation of the Closed Session in the Council's Conference Room, Room
450.
At 3:30 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, with the exception of
Council Members Dowe, Fitzpatrick, and Wish neff, Mayor Harris presiding.
COUNCIL: With respect to the Closed Session just concluded, Council
Member Lea 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 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 Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrism-mm.oo-4.
NAYS: Non en__nn___n__n.____nnnnnoooooo.uu______________noooooo.nn______0000____.00..0.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
TOWING ADVISORY BOARD: Pursuant to previous action by Council to
abolish the current Towing Advisory Board, and reconstitute a new Towing
Advisory Board, the Mayor advised that it is necessary to appoint new members
to the Board; whereupon, he opened the floor for nominations:
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The following names were placed in nomination: Stan Smith, James Fazio,
Harold Wallick, Jr., Tom Mealey, Allen Wood, Greg Spangler, Charlie Brown,
Robert Young and Thomas Ruff, for terms commencing October 1, 2006:
Charles R. Brown· one year
James Fazio - three years
Tom Mealey - three years
Thomas W. Ruff - two years
Stan Smith - two years
Greg Spangler· two years
Harold F. Wallick· three years
Allen Wood - one year
Robert Young· one year
FOR THE ABOVEMENTIONED INDIVIDUALS: Council Members Lea, Mason,
T ri n k Ie, an d Mayo r Harri S-hmmm---___nmmmhnmmmn.nmnm_hmmmnm___m_4.
(Council Members Dowe, Fitzpatrick and Wishneff were absent.)
There being no further business, the Mayor declared the Council meeting
in recess at 3:40 p.m., to be reconvened on Tuesday, October 10, 2006, at
12 :00 p.m., for a joint meeting of City Council, the Roanoke County Board of
Supervisors, and the Roanoke Regional Airport Commission in the Roanoke
County Administration Center Training Room, fourth floor, 5204 Bernard Drive,
S. W., Roanoke, Virginia.
The Council meeting reconvened at 12: 15 p.m. on Tuesday, October 10,
2006, at the Roanoke County Administration Center Training Room, fourth
floor, 5204 Bernard Drive, S. W., Roanoke, Virginia, for a joint meeting of the
Roanoke City Council, the Roanoke County Board of Supervisors and the
Roanoke Regional Airport Commission, with Mayor C. Nelson Harris, presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B.
Trinkle, and Mayor C. Nelson Harris--m-m.nmnm--nmmhnmnm_.hmmh___m.h6.
ABSENT: Council Member Brian J. Wishneffmmn--mnm.nnm_n.nm_m.m 1.
The Mayor declared the existence of a quorum.
354
J~iSc~a~Of!~;~~~~~~~_~~~~~~·~_~~~;~}~~~~~_~~~.~~~~~;;~~~~.;~~n~~;~~~I~ I
A BS E NT: Non e 00 - - - 00 - - __.00n___ - - - - - - - - - - - - - 00 00 - - -00-.-00 - - 00 - - 00 - - - - - - - - - -.-00.--0000 - - - - - - 00 - - 0 .
ROANOKE REGIONAL AIRPORT COMMISSION MEMBERS PRESENT Dr.
John E. Dooley, J. Granger Macfarlane, H. Odell "Fuzzy" Minnix, Arthur M.
Whittaker, Sr., and Chairman James M. Turner, Jr.mmmmmm.mmmmnmm__n5.
A BS E NT: Non e __noon n_un_ - - - - - - -- -- -- --' - - - - - - - - - - - - 00 00 0000 -. 00 00 -.. - - - - - - 00 - 0000- 00 00 00 - - - - - O.
OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Stephanie M. Moon, Acting
City Clerk; Rolanda B. Russell, Assistant City Manager for Community
Development; James M. Grigsby, Acting Assistant City Manager for Operations;
and Faye T. Gilchrist, Assistant to the City Manager for Special Projects.
Representing Roanoke County: Elmer C. Hodge, County Administrator;
Paul M. Mahoney, County Attorney; John M. Chambliss, Jr., Assistant County
Administration; and BrendaJ. Holton, Deputy Clerk, Roanoke County Board of
Supervisors.
Representing the Roanoke Regional Airport Commission: Jacqueline L.
Shuck, Executive Director; Efren Conzalez, Deputy Executive Director; Dan Neel,
Treasurer; Mark A. Williams, General Counsel; John Kegley, Director of Safety
and Security; Frank Stuart, Director of Operations; Sherry Wallis, Manager of
Marketing and Air Service Development; and Cathy Pendleton, Secretary,
Roanoke Regional Airport Commission.
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The invocation was delivered by John Chamberliss; and Chairman Wray
welcomed everyone to the meeting.
AIRPORT: The Chairman of the Roanoke Regional Airport Commission
introduced the Executive Director for an update on activities at the Airport.
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Ms. Shuck highlighted the following:
Air Service:
By regional affiliates of four airlines operating at Roanoke Regional Airport
provide service through eight major hubs:
· US Airways Express
- Charlotte
· 7 flights, 3 jets, 4 turbo prop
· 350 seats
- New York LaGuardia
· 3 flights, all turbo prop
· 1 1 1 seats
- Philadelphia
· 3 flights, all turbo prop
· 137 seats
· Northwest Airlink
- Detroit
· 3 flights, 2 jet, 1 turbo prop
I · 1 33 seats
· United Express
- Chicago
· 5 flights, all jets
· 250 seats
-- Washington, Dulles
· 3 flights, all jets
· 150 seats
· Delta Connection
- Atlanta
· 5 flights, all jets
· 250 seats
- Cincinnati
· 3 flights, all jets
· 150 seats
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· Allegiant Air started non-stop twice weekly service to Orlando-Sanford
Airport in May 2006
· Allegiant Air operates full size MD-83 aircraft, with 130 seats
· Due to the success of the current flights to date, Allegiant Air is adding
an additional two flights per week to Orlando-Sanford Airport in
November, for a total of four daily flights per week
· Allegiant Air has just announced Tampa Bay twice weekly service to the
St. Petersburg/Clearwater Airport beginning December 12, 2006
I
Roanoke's First Low Fare Carrier:
Various Types of Airline Service Being Targeted:
· Low fare service - Allegiant Air has announced the expansion of
frequency of service as well as a new destination
· Encourage new service by legacy carriers such as Continental or American
· Work with incumbent regional affiliate carriers to increase/improve
service
Airfield Construction:
Since 1998 the Commission's Capital Program has virtually rebuilt the airfield
Airfield Projects Summary 1999 - 2005
· Total completed and awarded engineering contracts
· Total completed and awarded construction costs
· Value of all contracts completed and awarded
· Funding sources: FAA Airport Improvement Program
(AlP) - 90% to 95%; State and Commission funds for
the balance
$ 8,759,918.00
$ 51,210,609.00
$ 59,970,527.00
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Airfield Projects Summary 2006 - 2008
· Rehabilitate Taxiways A and G
Total awarded engineering and construction costs
$18,210,609.00
- Work beginning October 9, 2006 and to be completed November
2008
· Rehabilitate GA Area Phase III
-- Estimated cost $6,000,000.00
- Construction in 2008
· Funding sources:
- 95% FAA Airport Improvement Program (AlP)
- State Aviation Entitlement funds for the balance
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General Aviation:
General Aviation Corporate Hangar Improvements - Landmark Aviation
· In 2005, the Commission issued $1.4 million in bonds through the
Virginia Resources Authority to fund an 18,000 square foot storage
hangar capable of storing larger corporate jet aircraft.
· This hangar was completed and opened in August 2006. The
Commission holds the title to the hangar, but is leased to Landmark
Aviation for the continuing part of their term, and the rental payments
are sufficient to pay the bonds off.
New General Aviation Hangars Are Being Planned
· Plans are underway to construct up to four 4,800 square foot hangars
with office space for use by general aviation businesses or corporate
aircraft owners.
· After the Master Plan Update is completed, additional hangars may be
constructed.
· Considering the Virginia Resource Authority as a possible s'ource of
funding because of low interest rates and virtually no closing costs.
Master Plan Update:
Master Plan Update Underway
· Planning tool that projects the airport's needs over the next twenty years
(2005 - 2025)
· Review of airfield, terminal, general aviation, air carrier and air cargo
demands
· Recommends the best approaches to manage, fund, and accommodate
growth
· A Technical Advisory Committee has been created with representatives of
the various aviation users as well as City, County, and Regional Planning
Commission representatives
· The Committee provides input as the Master Plan is being developed
through regular meetings
Terminal Facility Improvements:
The "New" Terminal Meets Today's Needs and Reasonable Future Needs
· 96,000 sq. ft. terminal completed in 1989
· Six Gates
· Four Jet Bridges - All have been modified by the Commission to
accommodate regional jets
· 1,882 Total Available Parking Spaces
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The Commission continues to make improvements to the 17 year old "new" I
terminal facility
· Interior/Exterior Terminal Building Improvements
- Communications/electrical upgrade project completed in 2006
Exterior terminal plaza being redesigned to enhance building
security and safety (2007)
HVAC system project will upgrade controls from pneumatic to
digital to improve efficiency for heating and cooling (2006-2007)
Initial design has been completed on new floor covering concepts,
improved lighting, replacement ceilings, and renovation of all
public restrooms
Public address and flight information display upgrade project
underway
A new roof is under design and installation will take place in 2007
Possible future expansion of security checkpoint and movement of
baggage screening process
Entrance Roadway
· Aviation Drive and Towne Square Boulevard
· Working with the City of Roanoke to relocate and improve the I
terminal entrance road
· Improvements will be beneficial to Airport customers as well as
Town Square shopping center customers
Noise Compatibility Program Status
. Three programs are currently underway:
· Easement Acquisition Program (46 navigation easements have been
purchased)
· Purchase Assurance Program (12 participants)
· Sound Insulation Program (60 homeowners have expressed
interest, 55 or so are undecided)
. 173 Eligible Homeowners
· 165 - Roanoke City
· 8 - Roanoke County
· Participation in all programs is voluntary
· The addition of a Sound Insulation Program was recently approved by the
FAA
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. Phase 1 A will sound insulate 21 homes, and the Commission is
working on approval of Phase 1 B, which will add another 15 homes.
. The Commission is seeking additional Federal funds to complete
the remaining eligible homeowners wishing to participate
Non-Stop Service to New York-LaGuardia:
Congestion Management Rule for LaGuardia Airport
Summary: The FAA is proposing a new rule to address the potential for
increased congestion and delay at New York's LaGuardia Airport (LaGuardia)
when the High Density Rule (HDR) expires there on January 1, 2007. The rule, if
adopted, would:
- establish an operational limit on the number of aircraft landing and
taking off at the airport by restricting operations (a landing or take-
off) to no more than 75 per hour Monday-Friday between 6:30 a.m.
and 9:59 p.m.
- increase utilization of the airport by encouraging the use of larger
aircraft through implementing an airport-wide, average aircraft size
requirement designed to increase the number of passengers that
may use the airport within the overall proposed operational limits
U.S. Secretarv of Transportation is required to consider several obiectives:
· Keeping available a variety of adequate, economic, efficient, and low-
priced air services;
· Placing maximum reliance on competitive market forces and on actual
and potential competition;
· Avoiding airline industry conditions that would tend to allow at least one
air carrier unreasonably to increase prices, reduce services, or exclude
competition in air transportation;
· Encouraging, developing, and maintaining an air transportation system
relying on actual and potential competition;
· Encouraging entry into air transportation markets by new and existing air
carriers and the continued strengthening of small air carriers to ensure a
more effective and competitive airline industry;
· Maintaining a complete and convenient system of scheduled air
transportation for small communities;
· Ensuring that consumers in all regions of the United States, including
those in small communities and rural and remote areas, have access to
affordable, regularly scheduled air service.
360
The FAA is looking for a way to force the large aircraft issue without harming to I
a greater degree smaller communities, and throughout the proposed 86·page
rule, this portion would have the most direct impact on our community:
Alternatives to be considered:
Option #1 This option would exempt the number of operations from Non-Hub
Airports with existing service at LaGuardia from the target aircraft
size calculation.
· Currently approximately 23 round trips or 4% of all proposed
operations
· This would result in other operations average of 105 seats
Option #2 This option would exempt the number of operations from Non-Hub
Airports with existing service at LaGuardia and Small·Hub Airports
within 300 miles of LaGuardia from the target aircraft size
calculation
· Currently approximately 60 round trips or 10% of all
proposed operations
· This would result in other operations average of 116 seats
I
Option #3
This alternative would exempt the number of operations to Non·
Hub Airports and all Small-Hub Airports with existing LaGuardia
service from the target aircraft size calculation
· Currently approximately 100 round trips or 17% of all
proposed operations
· This would result in other operation average of 122 seats
Extra Facts:
· A Non-Hub Airport is a commercial service airport that has more than
10,000 annual passenger boardings but less than 0.05% of the total
annual United States passenger boardings
· Roanoke is the 8'" largest non-hub and had 326,202 enplanements last
year; there are 238 non·hubs
· A Small-Hub Airport is a commercial service airport with at least 0.05%
but less than 25% of total annual United States passenger boardings; I
smallest small hub had 388,778 enplanements last year; largest small
hub had 1,773,522 enplanements; there are 67 small hubs
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Ms. Shuck stated that Airport staff is analyzing the competition to identify
the surrounding non-hubs, small hubs and large hubs, and developing a
strategy to decide which option would give Roanoke Regional Airport the best
chance of maintaining non-stop service to New York's LaGuardia; and the
impact on airlines not serving small communities will be required to provide an
average number of seats each year as determined by one of the
abovementioned options. She further stated that if Option #1 is selected, the
average aircraft size would be 105 seats, which means there could be a mix of
737's with regional jets; if Option #2 is selected, there would have to be an
average of 116 seats, which makes it a lot harder to use a regional jet service to
come up with the annual average; and if Option #3 is selected, there would
have to be an average of 122 seats, which would mean the major carriers would
begin fighting against Option #3.
Ms. Shuck advised that comments are due by Monday, October 30, 2006,
and she is compiling a detailed explanation of the Airport's position and
encouraged the localities to forward letters in support of the best option for
Roanoke, which would be attached as a statement to the submittal. She further
advised that she would provide recommendations and letters to the Mayors and
Chairs Committee, and other organizations noting the turn·around time would
be short unless the FAA decides to extend the comment period.
Council Member Mason inquired about the emergency preparedness in
case of a disaster; whereupon, Ms. Shuck advised that a live disaster drill had
been conducted three weeks previously as required by the FAA.
Council Member Dowe commented about the increased congestion and
delay described at New York's LaGuardia, and asked if the same situation could
occur in another City such as Chicago; whereupon, Ms. Shuck advised that it
could happen in Chicago although the flow of traffic through Chicago is
different, and LaGuardia is a destination place. However, she expressed concern
that it could become an issue in Atlanta, Georgia, or some other major city that
was not just a destination city for Roanoke, but also a hub.
Council Member Dowe also noted that renovations to the Airport facilities
presented an excellent opportunity to include art and other aesthetics at the
airport; whereupon, Ms. Shuck advised that she has been working with the
Roanoke Arts Council to donate banners that will represent a different art
museum or attraction, and efforts to improve the airport experience were
focused on items such as free wireless, additional televisions in the seating
areas, all of which make patrons more comfortable rather than make a "wow"
effect.
362
Board Supervisor Minnix asked for comments on the length of the I
runways; whereupon, Ms. Shuck stated that the aircrafts operating from the
Regional Airport were the right size, especially the regional jets, and some day,
the Airport could see a 70-seat regional jet; however, there is no penalty as a
result of the length of the runways. She further stated that the Master Plan
process pointed out that the cost of nearly $ 500 million for a desired 10,000-
foot runway was not feasible since there was nothing in the area to generate a
large volume of air traffic; and improving the safety at the ends of the runways
would be considered a better investment over time.
Council Member Trinkle asked whether the noise abatement program is
required; whereupon, Ms. Shuck replied that the abatement program was
required in the late 1980's and early 1990's, however, the FAA realized there
was not enough Federal funds and did not pursue the issue. She noted that
newer aircrafts have become much quieter and the affected area has become
much smaller; the Commission will need one - two more grants to deal with the
homes within the 65 LDM area, which is the highest level that the FAA will
provide funds for. She added that homes built after 1998 do not qualify for any
kind of noise abatement money, and deeds conveying property in' the area
contain a notation regarding the navigation easement.
The City Manager elaborated that while the elected officials have less I
opportunity to meet with each other on a regular basis, the City and the
Commission staff meets regularly on a number of issues, more recently 00 the
Towne Square and Thirlane Road improvements. She pointed out that the City
considers the Airport an integral part of economic development and she is
hopeful that future promotions and endeavors of the Roanoke Valley would
merit "international" status for the Airport.
Board Supervisor Minnix stated that the current climate of terrorism has
generated daily information from the Department of Homeland Security which
has greatly increased the Commission staff's workload, whereby, he
complimented the staff on their exemplary job adapting and handling the
security for the Roanoke Regional Airport.
Question was raised with regard to the possibility of international traffic
for the Airport; whereupon, Ms. Shuck stated that the Commission has provided
funds for a cargo inspection officer, and since a level of inspections has been
reached, the Federal government is willing to fund the position. She added that
the Commission could change the name of the Airport to an international
airport which would identify the Airport as having cargo customs availability.
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Mayor Harris commented about a recent illustration in The Roanoker
Magazine, stating that it is incumbent upon local officials to correct a record
that gives a misconception or is in error; and that he in favor of changing the
name of the Airport to include "international." He congratulated the
Commission on obtaining the low fare service of Allegiant Air.
Dr. Dooley stated that Virginia Tech was very much aware of the
significance of a healthy Airport for the future of Virginia Tech, that its higher
research enterprise depends on the relationship with the region, and it is
important that all communities work together to ensure that the Airport is as
strong as it can be. He added that he looks forward to working with the Airport
Commission and staff to' find ways to position the Airport so that it is sustained
as an important strategy for regional economic development.
There being no further business, the Mayor declared the meeting
adjourned at 1 :30 p.m.
APPROVED
ATTEST:
~m.~
Stephanie M. Moon '
Acting City Clerk
~/\I\9.Q,,-~
C. Nelson Harris
Mayor
364
ROANOKE CITY COUNCIL
October 19, 2006
I
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 19, 2006, at 2 :00 p.m., the regular meeting hour, in the Roanoke City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 37467-070306 adopted by the
Council on Monday, July 3, 2006.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
and Mayor C. Nelson Harrismnm_mmnmnm__u.n__nm_mmmmmmnnnnmmm_7.
A BS ENT: Non e 0000_ 00 00 nun 00 00 - - - - - - - - _nnnU .n. u --00 - - - - 00 un - - - - 00 - 00 - - - - - - noon - - - - 00 00 0 .
The Mayor declared the existence of a quorum.
I
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Gwendolyn W. Mason.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT:
following resolution paying tribute to
Manager for Community Development:
Council Member Dowe offered the
Rolanda B. Russell, Assistant City
(#37577·101906) A RESOLUTION paying tribute to Rolanda B. Russell,
Assistant City Manager for Community Development for the City of Roanoke,
and expressing to her the appreciation of this City and its people for her
exemplary public service.
(For full text of resolution, see Resolution Book No. 70, page 567.)
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Council Member Dowe moved the adoption of Resolution No. 37577-
101906. The motion was seconded by Council Member Mason and adopted by
the following vote:
Council Members Mason, Trinkle, Wish neff, Dowe, Fitzpatrick, Lea and
Mayor H arri s mnn-_nnn____.n___n___n_.n__nn__nnnu_n_____n__.nnn___nn_0000-00---0000.00-7 .
NAYS: Non e _n______unnnn__.hn_nn_____nn__nn_nn_h__nm___n.n__m_ 00----..0000_0.
PROCLAMATIONS-HUMAN DEVELOPMENT-DRUGS/SUBSTANCE ABUSE: The
Mayor presented a proclamation to Dina Hackley-Hunt, Coordinator, Roanoke
Area Youth Substance Abuse Coalition (RAYSAC), declaring October 22 - 29,
2006, as Red Ribbon Week.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a
proclamation to Ken Rush, Chair of the Employment Sub-Committee, Mayor's
Committee for People with Disabilities, declaring October 2006, as Disability
Employment Awareness.
Mr. Rush called attention to the lack of funds available for children with
disabilities to actively pursue or obtain employment, advising that there are
approximately 400 children who need special education each year in the City,
whereby most have learning disabilities; and he challenged the City to form a
task force with surrounding jurisdictions to identify issues. In closing, he
commended the City for its recognition of people with disabilities and the
support of the Mayor's Committee for People with Disabilities.
The Mayor advised that Mr. Rush's comments would be referred to the
City Manager for discussion at the next Roanoke Valley Allegheny Regional
Commission meeting with the Mayors and Chairmen of surrounding localities.
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. The Mayor called attention to three requests for
closed session.
366
MINUTES: Minutes of the regular meetings of Council held on Monday, I
August 7, 2006, and Monday, August 21, 2006, recessed until Thursday,
August 30, 2006, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Council Member Dowe moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s _n_nnn__nnnn_nn_nnnnnnnnnnnnn_n_._n_nnnn__nnnnnn__nn_7.
NAYS: Non e - n.unnnn - - - - -0000.00 - - 00 - - - - - 00 nn'_ - - - - - - - 00-00 00 00- - 00 - - - __ 00 00 - - - - - - --. n.' - 00 - O.
COMMITTEES-ZONING-ClTY COUNCIL-COMMUNITY PLANNING-INDUSTRIES·
BUILDINGS/BUILDING DEPARTMENT-YOUTH-HUMAN DEVELOPMENT COMMITTEE:
A communication from Mayor C. Nelson Harris requesting that Council convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-
3711 (A)(l), Code of Virginia (1950), as amended, and more speCifically to
consider appointments to the Local Board of Building Code Appeals, Roanoke I
Civic Center Commission, Youth Services Citizen Board, Human Services
Advisory Board, Board of Zoning Appeals and City Planning Commission, was
before the Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Session as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s_______n______n__unn___n__._._________un__n_n_.._nnnnu_00_000000_____00_00__7.
NAYS: N on e___n____.n_nnn___nnnnn___nnnnn._nn__n_.nn__n_nnnnnn__.nn----0.
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year, pursuant to Section 2.2-3711 (A)(l 0), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Session as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
(For full text, see communication on file in the City Clerk's Office.)
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri S-n.n---nn--nn______..__mn__nn_nn_nuh.______nnh____nn_-----0000000000007 .
NAYS: Non e - - 00 - _..00 -- - - - nun 00 - - - - - 0000-0000- - - - 00 _. - - 00 0000 - - ·00- 0000 - - - 0000.00 - - - 00 00 00.. __ -00 0 .
CITY CLERK-CITY COUNCIL: A communication from Council Member
Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request to
convene in Closed Session as above described. The motion was seconded by
Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri S-n.-n--nn__nn_n____n__nnn_n___________nnn___nn__n_.___m_-00.00-00---..-7 .
NAYS: Non e - --- - - - -00 00._ noon - - 00 -- noon -. -0000 - - 00 _.. - - - 0000 00 00 _ _ noon. __ 00 0000 00._ 00 _ _nOOn - O.
COMMUNITY RATING SYSTEM-FLOODS: A communication from the City
Manager with regard to an update on the Community Rating System, was before
the body.
The City Manager advised that the report is an annual requirement for
participation in the Community Rating System (CRS) which informs elected
officials, the media, and the National Flood Insurance Program (NFIP) of the
City's progress on flood reduction. She further advised that the CRS is a
program under the Federal Emergency Management Administration (FEMA) and
the NFIP, by which communities are rated for their preparedness for flood
events; and currently, the City of Roanoke has been classified as a Class 8
community, giving residents and business owners in the City a 10% discount on
annual flood insurance premiums.
368
Ms. Burcham stated that storm water has been an issue for the City of I
Roanoke since its incorporation in the late 1800s; over the decades, many
capital drainage projects have been constructed to address the City's highest
priority drainage problems; the City began regulating floodplain development in
1981, when the first floodplain maps were completed by FEMA; since then,
property owners in the City of Roanoke have received more insurance payments
for flood damages than any other community in Virginia; and many projects
have been constructed to improve drainage and reduce the flooding risk.
She further stated that in the early 1980s, $15 million was spent on the
construction of drainage projects to reduce localized flooding in the Williamson
Road Area; the flood of November 4, 1985, was the worst flood in the history of
the Roanoke Valley, at a cost of several millions of dollars in damages, and
eight lives; and in 1989, a $7.5 million bond referendum was passed for the
Corps of Engineers Roanoke River Flood Reduction Project, which project
includes a combination of channel widening and levy construction along nine
miles of the Roanoke River within the City of Roanoke; and it is anticipated to
reduce flood elevation along the Roanoke River by approximately three feet at
some locations and is currently in the second stage of construction.
The City Manager pointed out that in the early 1990s, $4 million was
allocated for flood reduction improvements in the Peters Creek Watershed; the
remaining phase will address the protection of 100 vulnerable properties in this
watershed; flood levels have been significantly reduced by said projects; and
since 1985, over $13 million has been spent on other drainage projects in the
City; in 1988, the Roanoke Valley Regional Stormwater Management Plan was
endorsed by City Council and adopted for inclusion in the Comprehensive Plan
for Roanoke; and currently, said ordinances are under review for possible
revision by a consultant.
I
She explained that in 2000, the City of Roanoke, Roanoke County, and
the Towns of Salem and Vinton began a massive elevation certificate effort to
provide detailed elevations for thousands of floodplain buildings in the Valley,
and facilitate improved floodplain management; and currently, property owners
are required to acquire an elevation certificate before any building permit can
be issued for structures within the 1 OO-year floodplain, as well as for structures
that do not have elevation certificates already on file.
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369
Ms. Burcham indicated that within the past year, the City of Roanoke has
completed the first part of Phase 1 of the Roanoke River Flood Reduction
Project; a significant reduction in the flood stage was already observed when
there was a rain event equivalent to the eight-year storm, on June 6, 2006;
stabilization of the banks of the stormwater channel which crosses Garden City
Boulevard at Bible Baptist Church was also completed in early 2006, and has not
experienced any further erosion; and four flood-prone homes are in the process
of being acquired and demolished, to be designated as open space.
She referenced a list that shows approximately $58 million in unfunded
storm drainage projects, which is not a static list, and stated that new projects
are added as they are identified. She also noted that new drainage and flood
control projects are added to the ClP list for two primary reasons: upstream
development and citizen demand for higher level of service; and once
identified, projects are prioritized, then designed and constructed as funding
becomes available.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that the communication be received and
filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r Harri s m--n--nnnnnn__n.n__nn__.________m__nn___nnn____un_____n_n0000----._7.
NAYS: Non e ·-00 - - - 0000.0000 - 00- 00 .00- 00 00 00 _. - 00 - - - - - - -000000- 00 u - 00-00 00 ___ 00 00 00 _hnn_ -00. -- - - - O.
COMMITTEES-ROANOKE ARTS COMMITTEE: A communication from
Susan W. Jennings tendering her resignation as a member of the Roanoke Arts
Commission, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council accept the resignation and
receive and file the communication. The motion was seconded by Vice-Mayor
Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri s u___n__u_.nn__nn_____..n_mn.nn_ 00-.--00-00000000--0000--00--.00---.---000000--7 .
NAYS: Non e -- 00 - - - -00.00- 00 -0000 - - - - - - ·-0000 00.__00____ _.. 00 0000.-00 - - -00.00 - 00 __ 00 00 - _.. 00 00 00-00- - O.
370
COMMITTEES-PERSONNEL DEPARTMENT-ARCHITECTURAL REVIEW BOARD- I
INDUSTRIES: Report of qualifications of the following persons, were before the
Council.
Virginia B. Stuart as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 2009;
Barbara A. Botkin and Lora J. Katz as members of the
Architectural Review Board, for terms ending October 1,
2010;and
Allen D. Williams as a Director of the Industrial Development
Authority, for a term ending October 20, 2010.
(See Oaths of Office on file in the City Clerk's Office.)
Council Member Dowe moved that the report of qualifications be received
and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
an d M ~;~; ~ a~~ ~_~~~In~~~~~_~~__~~~_~_~~__:~i_~_~~~:_~i_~~~~_~~:_~_~~_~~-~~~~~~-~~~~.~~.-~;~ I
NAYS: Non e n__ -- __..00 - - - - 0000 00 ---00- 00 - - - - - - - 00 00--·- - - - - - - - - - - - - __n" U - - - - - 00 _...00 - - - - 00 - - - - - O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
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371
ITEMS RECOMMENDED FOR ACTION:
BUDGET-DIVISION OF MOTOR VEHICLES-GRANTS: The City Manager
submitted a written communication recommending acceptance of the Occupant
Protection/Safety Restraint Grant and Enhanced Impaired Driving Enforcement
Grant funds from the Virginia Department of Motor Vehicles, in the total
amount of $25,000.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37578-101906) A RESOLUTION authorizing acceptance of the Occupant
Protection/Safety Restraint Grant made to the City of Roanoke by the Virginia
Department of Motor Vehicles, and authorizing execution of any required
documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 569.)
Council Member Dowe moved the adoption of Resolution No. 37578-
101906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r Harri s -m.nn--nh--nnn._______n.n_m___n_nnnn_nnnnnnnhn__n_______m..007.
NAYS: Non e 00 - hu. 00 - - n_h. 00 - - -. u.n - - _. 000000 nhu.n _ _ _ '0000_ _ _ 00 00 _n _ _ _ n.n _n_ noon - - ---0.
Council Member Dowe offered the follOWing resolution:
(#37579-101906) A RESOLUTION authorizing acceptance of the Enhanced
Impaired Driving Enforcement Grant made to the City of Roanoke by the
Virginia Department of Motor Vehicles, and authorizing execution of any
required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 70, page 570.)
372
Council Member Dowe moved the adoption of Resolution No. 37579· I
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri Snn__.__n.nnnnn_mnnnooh__.nnnnnnnnnnn_.nunnnnnnnn_n.nn7 .
NAYS: Non e_m__nnoo__...n_____nn n____n_n.h__.n______________..__.oo__nnn__noooo·····O.
Council Member Fitzpatrick offered the following budget ordinance:
(#37580-101906) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Occupant Protection/Safety Restraint and
Enhanced Impaired Driving Enforcement Grants, amending and reordaining
certain sections of the 2006-2007 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 571.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7580-
101906. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s n.hoonnnn_nnnn_unnnnnn__.u_nnnnn_oo_n.nn_nnnn_n_.__nnu_n7 .
I
NAYS: Non e mn_mn.n__.nnnnnn__uoonn_nnn_n___un_nnnnnnuunu_nnn 0000-0.
TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written
communication recommending execution of the 2006·2007 CDBG Subgrant
Agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for
approved housing activities.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Lea offered the following ordinance:
(#37581·101906) A RESOLUTION authorizing the City Manager to enter
into the 2006-2007 Community Development Block Grant (CDBG) subgrant
Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (TAP),
upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 70, page 572.)
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Council Member Lea moved the adoption of Resolution No. 37581-
101906. The motion was seconded by Vice-Mayor Trinkle.
Council Member Dowe advised that he serves on a board that falls under
the auspices of TAP without remuneration and inquired if he has a conflict of
interest in voting on Resolution No. 37581-101906.
The City Attorney advised that there would be no conflict of interest,
inasmuch as Mr. Dowe serves in an unpaid position and could therefore cast his
vote on the resolution.
There being no further comments by Council, Resolution No. 37581-
101906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s .n_ nn_n__n_m nh._nnmhn___n_uhn.nunuh__nnU_Unnnn_n_.__nnn7 .
NAYS: Non e 00 00 -. -- 00 - - - - - 00- 00 - - - - - - -00. m - - - - - 00_ _ _ 00 _ _ 00 _ _____00_ _ 00 _. __..00 _ _ _ 0000'00 00 _ 00 Uh'O.
ZONING-FIRE: The City Manager submitted a written communication
recommending authorization to file a petition to rezone City-owned property
located at 4803 Williamson Road, N. W., to construct a new fire station.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37582-101906) A RESOLUTION authorizing the filing of a petition to
rezone property which is owned by the City of Roanoke and located at 4803
Williamson Road, N. W., which is deSignated as Official Tax No. 2170128,
subject to certain proffers.
(For full text of resolution, see Resolution Book No. 70, page 572.)
Council Member Dowe moved the adoption of Resolution No. 37582·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri S-·-nnn.nnnn-.n_nnn.__nnn__mnnu.nun..nn_.__.nnn.nnmn_mnn7 .
NAYS: Non e 0000·00_ - - --. n. - - 00·00_____ - - --- _. - - 00 h.n_ - - 00 _·00 _ _ 00 __ 00 _ _ _ _ 00'00 _ _ 00 __ hoo nn·m - O.
374
BUDGET·GRANTS-ENVIRONMENTAL ASSESSMENTS: The City Manager I
submitted a written communication recommending acceptance of a Brownfield
Redevelopment Program Grant from the Environmental Protection Agency (EPA)
for investigation of properties suspected of contamination by hazardous
substances, in the amount of $200,000.00; and appropriation of funds.
Vice-Mayor Trinkle offered the following resolution:
(#37583-101906) A RESOLUTION authorizing the acceptance of an EPA
Brownfield Assessment Grant (Hazardous Substance) from the Environmental
Protection Agency to fund environmental investigations of brownfield
properties within the City of Roanoke that are suspected of being contaminated
by hazardous substances; and authorizing the execution of the necessary
documents.
(For full text of resolution, see Resolution Book No. 70, page 574.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7583-101906.
The motion was seconded by Council Member Fitzpatrick.
Council Member Mason commended the City on its efforts in connection
with the EPA Grant, and stated that it is important to recycle industrial land to I
make a usable and taxable site.
There being no further comments by Council, Resolution No. 37583-
101906 was adopted by the folloWing vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayo r H arri Snnnnn_._nmnnn__nn__nnnnn__.h.unnnn_nnun_u_nnnn_u._n_nn7 .
NAYS: No n e _m_____nn.__nnnnnn._nn_n____..n__.n___nn____._n.____nn..n_.__0000___0.
Council Member Dowe offered the following budget ordinance:
(#37584-101906) AN ORDINANCE to appropriate funding from the
Federal government for the Environmental Protection Agency Brownfield
Assessment Hazardous Substance Grant, amending and reordaining certain
sections of the 2006·2007 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 575.)
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Council Member Dowe moved the adoption of Resolution No. 37584·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s-___nn_n_.nn__n_.oo_nn___hoo..___n_.oo__n n-.--oo______.__oo._n_m__.n_,n___7 .
NAYS: No n ennn__ n-nn___noon______nh..___n___.unn__n_..___n_hh.n___n__._n--00---0.
BUDGET-GRANTS-ENVIRONMENTAL ASSESSMENTS: The City Manager
submitted a written communication recommending Acceptance of a Brownfield
Redevelopment Program Grant from the Environmental Protection Agency (EPA)
for investigation of properties suspected of contamination by petroleum-based
substances, in the amount of $200,000.00; and appropriation of funds.
Council Member Dowe offered the following resolution:
(#37585-101906) A RESOLUTION authorizing the acceptance of an EPA
Brownfield Assessment Grant (Petroleum-based) from the Environmental
Protection Agency to fund environmental investigations of brownfield
properties within the City of Roanoke that are suspected of being contaminated
by petroleum·based substances; and authorizing the execution of the necessary
documents.
(For full text of resolution, see Resolution Book No. 70, page 576.)
Council Member Dowe moved the adoption of Resolution No. 37585-
101906. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayo r H arri s mnoonnn.oo·n n_hnnnn__n_m -00.00--00 n_.nnn_.nnnnh_nmh___nnoon 7 .
NAYS: Non e -00---·-----------00 m.-------nh____nnoo__n_n.n____h______oo.nn_nh.__n__.__O.
Council Member Fitzpatrick offered the following budget ordinance:
(#37586,101906) AN ORDINANCE to appropriate funding from the
Federal government for the Environmental Protection Agency Brownfield
Assessment Petroleum Based Substance Grant, amending and reordaining
certain sections of the 2006-2007 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 577.)
376
Council Member Fitzpatrick moved the adoption of Resolution No. 37586- I
101906. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri Snnnnn_nmnnn______.nnnnnnn.__.__.nnnnnn_n__n__n_nnnnnn_nn7 .
NAYS: Non e --- - noon. u.n 00 - - 00 - 00-00 0000 00 ·00_.000000 - - - - - - 00 noon - - - - n. - - - - - - - 00- - - 00 - - -. --···0 .
ARMORY/STADIUM: The City Manager submitted a written
communication recommending execution of change orders to the contract with
S. B. Cox, Incorporated, to provide for additional work in connection with the
demolition of Victory Stadium.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37587-101906) AN ORDINANCE authorizing the City Manager's
issuance of additional Change Orders to the City's contract with S. B. Cox,
Incorporated, for changes in connection with the work on the demolition of
Victory Stadium; and dispensing with the second reading by title of this I
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 578.)
Council Member Fitzpatrick moved the adoption of Resolution No.3 7587-
101906. The motion was seconded by Council Member Dowe.
Vice-Mayor Trinkle inquired about additional erosion and sediment costs;
whereupon, the City Manager advised that when the original change order was
issued to S. B. Cox, Inc., the City did not have complete plans, however, there
were certain things identified once staff went into the field; and at a previous
Council meeting, Council authorized an increase in the total amount of the
project.
Council Member Lea asked for clarification regarding the additional cost
to the contract with S. B. Cox, Inc.; whereupon, Ms. Burcham advised that the
total amount to date is approximately $31,000.00, which consists of change
orders for erosion and sediment controls ($21,256.84), removal of old utility
lines ($10,884.47), and a credit, in the amount of $844.82, for transfer station
disposal of waste material at the City's rate.
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I
There being no further comments, Ordinance No. 37587-101906 was
adopted by the following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea and Mayor
H a r ri s -.. n.. - - - - - - 00 hoo - - - 00 00 0000_. 0000 - - - - - Unn 00 - - 00- _ _ m 00 00000000 _ _ _ _ _ _ _ 0000. - - - - - - - - - 00 - _'. -00- 00 - - - 00 6.
NAYS: Council Member Wishneffm.mnmnh.---.mmmnnmmmmm___.mnl.
CITY ATTORNEY:
STREETS AND ALLEYS: The City Attorney submitted a written report
recommending an amendment and reenactment of Ordinance No. 37190-
091905, permanently vacating, discontinuing and closing a portion of Whitmore
Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
I
(#37588-101906) AN ORDINANCE amending and reordaining Ordinance
No. 37190-091905; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 579.)
Council Member Dowe moved the adoption of Resolution No. 37588-
101906. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Mayo r H a r ri s - - - -. - - u. - - - - - - 00·--00 - - - 00 00 00- - - 00 - - nhn _ _ 00 00 _ _h _00 _ 00 _U'. 00 _ _ _ _ _ _.. 00 oo 00 00 no··n - 00 -.. _ 6 .
NAYS: Non e -. noon - - - - hn. 00- - - 00 0000.. 00 - - _h 00 oo 00 00 _ _'00' _ _ 00 _. 00 00" - - - - 00 - __. _ _ _ 00 00 hn 00 -..0.
(Vice-Mayor Trinkle abstained from voting inasmuch he is employed with
Carilion Health Systems.)
CITY CODE-HOUSING/NEIGHBORHOOD CODE ENFORCEMENT: The City
Attorney submitted a written report recommending amendment of the City
Code to allow the City to act within seven days to prevent entry to buildings
declared to be a public nuisance, in certain circumstances.
I (For full text, see report on file in the City Clerk's Office.)
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Council Member Fitzpatrick offered the following ordinance:
(#37589·101906) AN ORDINANCE amending §7-2, Removal. repair. or I
securement of structure; recovery of costs, of Chapter 7, Buildinq Requlations,
of the Code of the City of Roanoke (1979); as amended; and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 580.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37589-
101906. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
and Mayo r H arri s n___nnn.._.nnunnn_nn____n__nnn______nn_________nn_.__n_.n000000------7 .
NAYS: Non e 00 - - 00 00-- __ 00 - - - - - - - - - noon - 00 - - - 00 00 n. - .00- __ 0000- - - - 00 00 - - - - _.. noon 00 00 0000 - - - - 00-0.
REPORTS OF COMMITTEES:
BONDS/BOND ISSUES: A communication from Harwell M. Darby, Jr.,
Assistant Secretary, representing the Industrial Development Authority of the
City of Roanoke, requesting approval of the issuance of bonds by the Industrial I
Development Authority for Virginia Lutheran Homes, Inc., a Virginia non-stock,
non-profit corporation, for improvements at Brandon Oaks located at 3804
Brandon Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37590·101906) A RESOLUTION authorizing, among other things, the
issuance of not to exceed $18,000,000 aggregate principal amount of
Industrial Development Authority of the City of Roanoke, Virginia, revenue
bonds for the benefit of Virginia Lutheran Homes, Inc., to the extent required
by Section 147(f) of the Internal Revenue Code of 1986, as amended, and
Section 15.2-4906, Code of Virginia of 1950, as amended.
(For full text of resolution, see Resolution Book No. 70, page 581.)
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Council Member Dowe moved the adoption of Resolution No. 37590·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Mayo r H ar ri s 00 - - - - - - - - nn - - 0000.. - - 00 00 - -. _.n - 00 - 00," n' - - - - - 00 00.00 - - - 0000-00 00 - - 00 00 _. - - 00 00 - - -00-00 - - 00 - - 6 .
NAYS: No n e--hn_mnU______n_n_______n.u_______u.n___nn.______n_ 00__0000___0000___0000_0.
(Vice-Mayor Trinkle abstained from voting inasmuch he is employed with
Carilion Health Systems, and he provides professional services to Virginia
Lutheran Homes, Inc.)
SCHOOLS: The Roanoke City School Board submitted a written report
requesting that a public hearing be held on Monday, November 20, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of
VPSA School Financing Bonds for the Patrick Henry High School project; and the
Director of Finance submitted a written report recommending that Council
concur in the request of the School Board.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
the School Board. The motion was seconded by Council Member Mason and
unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-CMERP: Ordinance No. 37548 adjusting the Undesignated Fund
Balance of the Capital Maintenance and Equipment Replacement Program
(CMERP), having previously been before Council for its first reading, read and
laid over, was again before the body, Council Member Mason offering the
following for its second reading and final adoption:
380
(#37548·101906) AN ORDINANCE to appropriate funding from
undesignated fund balance for the Capital Maintenance and Equipment I
Replacement Program (CMERP), funding from the Commonwealth of Virginia,
funding from the Western Virginia Water Authority, and funding from the
Economic and Community Development Reserve and the Reserve for Self·
Insured Claims, amending and reordaining certain sections of the 2006·2007
General, Civic Facilities, Capital Projects, Market Building, Department of
Technology, Fleet Management, Risk Management and Grant Funds
Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 583.)
Council Member Mason moved the adoption of Ordinance No. 37548·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri Sn...noonn..nnn.n...........nn.n....nnnn__n.__nnnnn__nn..n00000000007 .
NAYS: Non e __u..........nn....n..nn__nn.....n..n.._.nnnnnnn.n__oonnn....000000·0.
BUDGET·CMERp·SCHOOLS: Ordinance No. 37549 appropriating $1 million
of Capital Maintenance and Equipment Replacement Program (CMERP) funds to I
provide for a portion of the construction costs of the new Patrick Henry High
School, having previously been before Council for its first reading, read and laid
over, was again before the body, Council Member Fitzpatrick offering the
following for its second reading and final adoption:
(#37549·101906) AN ORDINANCE to appropriate funding from the 2006·
07 Capital Maintenance and Equipment Replacement Program for the Patrick
Henry High School Project, amending and reordaining certain sections of the
2006·2007 General, School and School Capital Projects Funds Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 587.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37549·
101906. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea and Mayor
H ar ri s nn·u.... .00__·00...00 -- u.........··· 0000.00 00000000.. _.00.__00.00....00.00 00..00..00.0000.........00 --·6 .
NAYS: Council Member Wishneff__m.ummm_ummmn.mmm..um.m.mnl.
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BUDGET·SCHOOLS: Ordinance No. 37550 adjusting the budget for
motor fuel revenue and expense to the School Board, having previously been
before Council for its first reading, read and laid over, was again before the
body, Council Member Fitzpatrick offering the following for its second reading
and final adoption:
(#37550·101906) AN ORDINANCE to adjust the budget to reflect
additional billings to be made to the School Board for motor fuel, amending and
reordaining certain sections of the 2006·2007 Fleet Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 588.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37550·
101906. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s·--- nhnnn.noo.__nnnh.u.nnnnh.__nn.nhu.nn.huu.nnn__unnnnn7 .'
NAYS: Non e 00 .00...0000·...00........ -- 0000 n. 00·00.....00··00..00 0000.--. 00.00 .00__0000. _.n.h n. - O.
BUDGET·FIRE DEPARTMENT·GRANTS: Ordinance No. 37553 appropriating
funds for the 2007 Virginia Department of Fire Programs Grant, having
previously been before Council for its first reading, read and laid over, was
again before the body, Council Member Mason offering the following for its
second reading and final adoption:
(#37553·101906) AN ORDINANCE appropriating funding from the
Commonwealth of Virginia for the Fire Program Grant, amending and
reordaining certain sections of the 2006·2007 Grant Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 70, page 589.)
Council Member Mason moved the adoption of Ordinance No. 37553·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s m..n...noo.n._n.oo.n...n.......oo.n....n.n.n.....__nnn..n..0000..0000--00..7 .
NAYS: Non en. no u n 00····00 00..00 00 __ 00....... 00 00 00...... m n. __.... 0000...00........ __. _ _. 00 --.0.
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CITY EMPLOYEES: Ordinance No. 37554 adopted on May 11, 2006, to I
include an annual salary increment for personal vehicle use for the Arts Festival
Director, having previously been before Council for its first reading, read and
laid over, was again before the body, Vice·Mayor Trinkle offering the following
for its second reading and final adoption:
(#37554·101906) AN ORDINANCE amending Ordinance No. 37385·
051106, which adopted and established a Pay Plan for officers and employees
of the City effective July 1, 2006.
(For full text of ordinance, see Ordinance Book No. 70, page 590.)
Vice·Mayor Trinkle moved the adoption of Ordinance No. 37554·101906.
The motion was seconded by Council Member Lea and adoptedby the following
vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s m......n.n..u.nnn.nn..n..n.n_.nn.......nnn..n.n.. 00..0000--00000000.00·7 .
NAYS: Non e 0000 __ -- --.. 00 00 noon.. ..__.00......00.... nn··hn n. - 00 00..00 --......... .0000__· -- --·0.
INDUSTRIES: Council Member Mason offered the following resolution I
reappointing Dennis R. Cronk, as a Director of the Industrial Development
Authority of the City of Roanoke, Virginia, for a term of four years, commencing
on October 21, 2006.
(#37591·101906) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke to fill a four (4) year term on the
Board of Directors.
(For full text of resolution, see Resolution Book No. 70, page 591.)
Council Member Mason moved the adoption of Resolution No. 37591·
101906. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri Snnoonnnnn.n.n.nnnnnnoo.nnnnn.oo.nnnnnn._..nnnnnnoo..n.nn7 .
NAYS: Non en.. 00 .____. -. 00 00 0000 ..00.00.... .00_00..0000..00 00 00.00. 0000 0000 n. 00 00000000 00 --. --00··0 .
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CITY CLERK·ClTY EMPLOYEES: Vice·Mayor Trinkle offered the following
resolution to provide a salary supplement to the Acting City Clerk for personal
automobile mileage.
(#37592·101906) A RESOLUTION authorizing payment of a salary
supplement to the Acting City Clerk.
(For full text of resolution, see Resolution Book No.. 70, page 592.)
Vice·Mayor Trinkle moved the adoption of Resolution NO.3 7592·101906.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri Snnnh.nnm..n__nnnnn.__nnnnn.nnnnn._nnnnnn.nnnn.h.____nn 7 .
NAYS: ' Non e·nh.__n.._.__nnn..n.h.nn.nnnhn._ _.nnnn..nnn..n.n..nhnnnn···O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY MARKET: Vice-Mayor Trinkle requested an update on improvements
to the Historic City Market Building/City Market Plan.
Council Member Wishneff inquired if the improvements would affect the
historic designation of the Market Building, and requested a response prior to
the briefing.
VIRGINIA MUNICIPAL LEAGUE: Council Member Dowe expressed
appreciation for the opportunity serve as the City's voting delegate at the VML
Annual Business Meeting on Tuesday, October 17, 2006, in Virginia Beach,
Virginia. He stated that the City compared favorably with other localities.
Council Member Lea commended Council Member Dowe for being a
facilitator at the VML Conference in connection with a roundtable discussion
regarding youth programs and a Youth Comprehensive Plan.
384
Council Member Mason commended Council Member Fitzpatrick for his I
role in connection with the VML Transportation Policy Committee and she
congratulated the City Manager on her appointment as Chair of the VML Urban
Subcommittee.
Vice·Mayor Trinkle announced that the City of Roanoke will host the VML
Conference in 2009.
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.
SCHOOLS: Ms. Lisa Wright, 2320 Roanoke Avenue, S. W., expressed
concern with regard to the shortage of textbooks provided by the Roanoke City
Public Schools. She suggested that a fund be established to purchase
textbooks for students. Since the issue is governed by the School system, the
Mayor advised that the matter will be referred to the City Manager for dialogue
with the Superintendent of Schools and the Chairman of the School Board; and
he further requested that a status report be forwarded to the Members of
Council.
CITY MANAGER COMMENTS:
I
CITY MANAGER·ClTY EMPLOYEES: The City Manager submitted a
communication confirming the City Manager's appointment of James Grigsby as
Assistant City Manager for Operations.
Council Member Fitzpatrick offered the following resolution:
(#37593·101906) A RESOLUTION confirming the City Manager's
appointment of James Grigsby as Assistant City Manager for Operations.
(For full text of resolution, see Resolution Book No. 70, page 593.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37593·
101906. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s __n.....nn__nn.....n.n...nnn..00nn.............n..nnn..0000.....00____..00.7.
NAYS: Non e·n__.oon ..nnhoon..nn....n.nn.n..n.oon...n._.oonn .n.____oo....m.n····O.
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COMMUNICATIONS: The City Manager announced that two City projects
were recognized at the Annual City·County Communications and Marketing
Association Conference (3·CMA) in Dallas/Fort Worth, Texas, advised that the
Kiosk located on the second floor of the Municipal Building won a Savvy Award
(the top award) in the Communications Technology Category for the 0 - 1.7
million population group, and the Municipal Calendar received the Award of
Excellence for the printed Publications/Calendar Category for the 73,000 .
107,000 population group.
At 305 p.m., the Council meeting was declared in recess for three closed
sessions.
At 3:40 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of Council in attendance, and Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Mason 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 Lea
and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s ....n.______....nnnn,.._n00...__00......_..n..00__.n....nnn..00--..00000000..00··7 .
NAYS: Non e 00 00 0000 00 00.... --.. ·0000. 00.00.... '0000'" 00 00 00 00..00.... noon _.... 00 0000..00 nun 00.0.
COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the four
year terms of office of Mr. Frank W. Feather and Pamela Kestner·Chappelear as
members of the Human Services Advisory Board will expire on November 30,
2006; whereupon, he opened the floor for nominations.
The names of Frank W. Feather and Pamela Kestner·Chappelear were
placed in nomination.
386
There being no further nominations, Mr. Feather and Ms. Kestner· I
Chappelear were reappointed as members of the Human Services Advisory
Board for terms ending November 30, 2010, by the following vote:
FOR MS. KESTNER-CHAPPELEAR AND MR. FEATHER Council Members
Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea and Mayor Harris----mmm-m-7.
At 3:34 p.m., the Council meeting was declared in recess to be
reconvened at 5 :00 p.m., in the Emergency Operations Center Conference
Room, Room 159, first floor, Noel C. Taylor Municipal Building, for a joint
meeting of Council and the Roanoke Redevelopment and Housing Authority
Board of Commissioners.
At 5:20 p.m., the Council meeting reconvened in Room 159, for a joint
meeting of Council and the Roanoke Redevelopment and Housing Authority,
with C. Nelson Harris, presiding.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wishneff, Alfred T. Dowe, Jr., Sherman P. Lea and Mayor C. Nelson
H ar ri s - nnnU - - - - - - - - - - - -. 00 00 _ _ _ _ _ _ _ _ _ 00_0000· 00 - - 0000 _ _ 00000000_... - - - - - - un - - - 00 00 __ 00 00 00 - - - - _0000_00 "u - 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr. mnnnnnnnmm___nnl .
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PRESENT: ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
COMMISSIONERS James A. Allen, Gregory M. Cupka, Anita M. Powell, Christie L.
Wills, Gregory W. Feldmann, Joseph W. Lee, III, and Chairman Ben J. Fink ----m·7.
OTHERS RESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Stephanie M. Moon, Acting City Clerk.
REPRESENTING THE ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY: Ellis Henry, Executive Director; and Sue Marie Worline, Secretary to
the Roanoke Redevelopment and Housing Authority Board of Commissioners.
Invocation was delivered by Council Member Lea.
The Mayor welcomed everyone to the meeting and called upon the
Chairman for presentation of items on behalf of RRHA.
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HUD AUDIT
Chairman Fink' advised that the Board of Commissioners met with
representatives of HUD on Wednesday, October 18, 2006, to discuss issues of
concerns raised by the Executive Director regarding its procurement process.
He further advised that once HUD presents its findings, the Board will take
appropriate actions to resolve any and all issues. He stated that RRHA will
continue to serve the residents of the City and will continue to provide projects,
such as Villages of Lincoln, renovation of homes on Day Avenue, etc. He
further stated that if additional meetings are necessary following receipt of the
final report from HUD, they will be scheduled.
Council Member Lea inquired if Chairman Fink had read the report
submitted to HUD by the Executive Director; and if not, he urged the
Commissioners to read the report in its entirety. Chairman Fink advised that
the Board had received copies, but he had not read the report in its entirety.
Council Member Lea called attention to specific items noted in the report;
i.e.: oversight on matters relating to contracts, procurement items, and possible
conflicts of interest. He indicated that one person appeared to be a catalyst
presenting ideas, and over a period of time, the Board joined in without
inquiring about details. Council Member Lea added that Commissioners Fink,
Feldmann and Wills have been Board members for several years and were
involved in a lot of issues that were acted upon by the Board. He stated that
based on Mr. Henry's findings, it appears there was a lack of responsibility on
the part of the Board, and he no longer had any confidence or respect for the
current Board.
Council Member Wishneff inquired as to the Board's rationale behind
using funds allocated specifically to eliminate crime in the public housing units
to support events sponsored by the Mill Mountain Theater; whereupon,
Chairman Fink advised that the scope of the Grant was to support programs
that would benefit residents of the housing developments, and he is of the
opinion that funds were used for such purposes.
Council Member Wishneff also expressed concern with regard to funds in
the amount of $750,000.00 having been returned to HUD due to RRHA failure
to spend the funds within the five year time frame. Mr. Henry noted that HUD
recaptured the funds because RRHA chose to draw the funds down at the five
year point and deposit the money in an interest bearing account, which is a
violation of HUD's standard accounting practices.
388
Commissioner Wills stated that since only a portion of the audit I
investigation had been aired in a negative fashion, she suggested that Council
withhold judgement until the full story could be told. She added that if it is
determined that there are issues pertaining to the procurement process, they
will not be ignored.
Commissioner Powell advised that she read the report in its entirety, and
she had been expressing issues of concern since becoming a Commissioner but
certain entities that were in place did not always allow for answers. She
explained that it was only after the hiring of the new Executive Director that
questions were answered and documents were provided.
Commissioner Lee advised that when he offered the motion at the August
Board meeting requesting an audit regarding procurement procedures, he had
no idea of the results or the extent of the issues that would be uncovered by his
request. He applauded Mr. Henry for taking swift and appropriate action to
initiate the audit request. He advised that he is not one to judge prematurely,
but based upon the diligent reporting of The Roanoke Times and the initial
findings reported at the Board meeting on Wednesday, October 18 by HUD
officials, there were issues that needed to be exposed. He further advised that
as an appointed Commissioner, he takes his fiduciary duty to oversee the
responsible use of the Federal HUD dollars that RRHA receives for the ultimate
benefit of the residents of RRHA properties seriously; and it saddens him that
the very funds appropriated for the residents were used or diverted for frivolous
purposes which were never intended by HUD. Mr. Lee added that he stands
viligent that the Board, assisted by the Council, will make every effort to
investigate this most grave and serious issue that RRHA face with the HUD
audit.
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The Mayor inquired about implementing policies to ensure that similar
issues would not occur in the future; i.e.: in the area of procurement,
appropriately filing and maintaining contracts etc.; whereupon, Chairman Fink
advised that staff is already implementing central filing systems, reorganization
within the staff as to responsibility for procurement, etc., and as additional
information is received, he indicated that staff and the Board would ensure
whatever oversight process is necessary will be implemented. He added that
the Board is considering asking HUD to visit RRHA frequently to audit various
programs to ensure outside oversight; detailed information will be received by
the Board to provide insight regarding programs; and steps have already been
taken, with additional steps to occur once specifics are made known.
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Mayor Harris stated that while he is withholding full judgment until the
written final report from HUD is received, he noted that the information
reported thus far is deeply troubling and disturbing. Additionally, he is
concerned, not just for the Housing Authority, but for the City, mainly because
citizens do not understand and do not distinguish between the Housing
Authority and the City Council the way officials do. The Mayor advised that he
has not lost confidence in the Board because he is cognizant of the fact that the
majority of the Commissioners were not on the Board when some of the
practices occurred; and it is not fair to make accusations or statements
particularly when several Commissioners have not even served a full year. He
pledged that Council will await the final report from HUD, and will support any
efforts of RRHA to rectify the situation; and Council will look to the Board, in
light of whatever conclusions are presented, to take appropriate action.
COMMUNITY CONCERNS REGARDING THE SITE OF THE NEW SOCIAL SECURITY
BUILDING
Chairman Fink advised that with regard to the Social Security Building
site, the Board of Commissioners is waiting on the developer to provide plans
and; therefore, no action has been taken regarding the transfer of property. He
further advised that comments have been received from various community
groups which needed to be shared with City Council.
Commissioner Allen advised that he is a resident of historic Gainsboro
and a member of the Board of Commissioners. He offered the following
comments concerning the proposed Social Security Building:
· the community looked forward to the area being one of education,
culture and history, whereby some of which has already happened;
· residents were looking forward to the land being developed into a
building suitable for a community center.
He also noted one resident comments:
· The community had no role in the decision to construct a Social
Security building on Henry Street;
· City Administrators apparently held secret meetings with the Roanoke
Neighborhood Development Corporation (RNDC) and HUD while
withholding information from the community;
390
· City Administrators withheld information pertaining to the RNDC;
· RNDC has failed to keep the community properly informed of its
actions, as well as its officers and members of the community who
have been appointed to the board;
· No information has been provided regarding RNDC's role in the
development of the project, and how it plans to invest in the
community;
· The community is concerned about the fact that it appears land will be
transferred directly to the developer without any reference to RNDC
and its role; and
· Residents are concerned that there have been no verbal comments
from any person connected with RNDC about its obligations and
responsibilities.
Commissioner Allen concluded by stating that concerns expressed by the
community are many and varied; and the community would be best served if
the Social Security building was constructed on a site favorable to its size and
met certain requirements, such as parking and security.
Chairman Fink advised that he received a phone call from the Gainsboro
Neighborhood Alliance expressing its support of the project, and advised that
they are eager to see the project move forward.
The City Manager advised that when the City learned of the Social
Security Administration's desire to move, it was strongly encouraged that a
downtown location be selected, whereby three downtown locations were offered
by private developers; and the City had no site to offer. She further stated that
City Council agreed in order to keep the Social Security Building in the
downtown area, the City would be willing to close any streets adjacent to the
three locations that were selected, but only in the event the building was
located on the site; and City Council took to close the streets, subject to
construction of the building. She mentioned that because the site was
purchased with CDBG funds and a Federal agency will occupy the building,
certain requirements must be met before final approval for the building
construction can occur. She added that community meetings have been held
and input has been forwarded to State officials and the Department of Historic
Resources and Preservation; the City is in the process of scheduling a time to
meet with the developer and representatives of RRHA to approve the concept
design before the land can be transferred. She pointed out that any transfer of
land involved RNDC and said organization does have a direct role in the transfer
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of land; RRHA's commitment, over many years, has been with RNDC, although it
has entertained ideas from others regarding the site, there has been interest
expressed by the residents to have some type of a community, entertainment or
cultural activity on the site, which has been proposed, but unfortunately, have
not come to fruition. She stated that General Services Administration (GSA) and
the Department of Historic Resources are willing to continue to work on the
necessary steps for the site; and the developer also is willing to address
concerns expressed by the community. Ms. Burcham is of the opinion that this
particular project ranks in the top five for most public discussion and media
coverage than any other in the City of Roanoke since she has been City
Manager. She concluded that it is her hope that those individuals interested in
the project will take the opportunity to provide meaningful and constructive
comments so that the necessary process may move forward.
SUBSIDY REDUCTIONS AND ASSET MANAGEMENT AND ITS IMPACT ON
NEIGHBORHOOD REVITALIZATION
Chairman Fink advised that based on current information from HUD, the
Housing Authority will only receive 89 percent of allocations for next fiscal year,
which is typical of all housing authorities across the country. He explained that
the lack of funding will curtail some of RRHA developments. He further advised
that HUD now requires asset management, which is site based management,
whereby each of the Authority's developments will be treated as an
independent entity; personnel have been reallocated, and personnel from the
central office staff have been laid off. He added that the change will have an
impact on how business is conducted, and additional layoffs may occur in order
to balance the budget.
Vice-Mayor Trinkle questioned if the changes would impact the Hurt Park
project time line; Mr. Ellis responded that the changes may not necessarily
impact the time line, however, the number of units to be renovated may be
impacted and the hiring of a private developer. Chairman Fink stated that the
Authority will need to be more creative as well as giving considerable thought
to different funding sources.
The City Manager advised that the City's Community Development Block
Grant (CDBG) allocation will also receive a reduction as changes occur on a
national and state-wide basis; the City will have less CDBG money next year to
allocate to various programs; and reduction could be more dramatic than past
reductions based upon a lot of philosophical changes occurring in Housing and
Urban Development.
392
HOUSING POLICY
Chairman Fink stated that the quality of available housing in Roanoke and
the vitality of neighborhoods is critical; while the City remains a beautiful place
to live with wonderful amenities, RRHA is faced with challenges to provide the
best quality of housing; and housing in the City typically has an average age of
33 years, compared to 17.3 years in outlying metropolitan areas. Because City
has older housing, he noted that home ownership within the City is
approximately 56 percent of total housing units, compared to 68.5 percent in
outlying areas; and typically, the houses are smaller in the City and have a
lower average sales price. He advised that in considering appropriate policy to
address those statistics, the Board determined there is a need for the City to
have a consolidated, comprehensive policy on housing, and therefore, a policy
has been drafted. The Chairman concluded that the Board is of the opinion, it
is important to have comprehensive and consistent policies to guide staff in
developing programs and implementing operational plans.
Mayor Harris pointed out that Council has adopted a Strategic Housing
Plan, and he would recommend that the Authority's housing policy be referred
to the City Manager for review and comment; and at a future date, City Council
could meet with the Board of Commissioners to discuss the housing policy and
how the elements therein integrates with the Strategic Housing Plan.
At 6:15 p.m., Council Member Dowe left the meeting.
At 6:20 p.m., the Mayor declared the City Council meeting in recess to be
reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C.
Taylor Municipal Building, and Chairman Fink declared the meeting of the Board
of Commissioners of the Roanoke Redevelopment and Housing Authority in
recess.
At 7:00 p.m., on Thursday, October 19, 2006, the Council meeting
reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, with Mayor C. Nelson Harris presiding.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
and Mayor C. Nelson Harrismm_m___mmnnnnmmnnmmmnm.mm_mm_m_m._.?
A BS E NT: Non e -00---- 00-0000 - - - - - --00 - - - - - - - - - - - - - n nhn - - 00 00 00 - - _n_ 00 - - - - - - - - - - - ___nn_ - - n_ - 0 .
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting 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 America was
led by Mayor C. Nelson Harris.
The Mayor recognized the Boys Scout Troop #1 7 from St. John's Episcopal
Church.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the Acting City Clerk having advertised a
public hearing for Thursday, October 19, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of F. A. Bartlett Tree
Expert Company that a portion of an alley located between 2810 Roanoke
Avenue and Berkley Avenue, S. W., identified as Official Tax Nos. 1510410 -
1510417, inclusive, and certain public rights'of-way described hereinafter, be
permanently vacated, discontinued and closed, the matter was before body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2006, and Friday, October 6, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the Petitioner's request to vacate the alley bounded by Official Tax
Nos. 1510410, 1510411, 1510412, 1510413, 1510414, 1510415, 1510416,
and 1510417, subject to certain proffered conditions as follows.
. The petitioner shall submit a subdivision plat to the Agent of the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Such
plat shall combine all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
394
· Upon meeting all other conditions to the granting of the application, I
the Petitioner shall deliver a certified copy of the ordinance for
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
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. The petitioner
shall pay such fees and charges as are required by the Clerk to effect
such recordation.
· Upon recording a certified copy of the ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
· If the above conditions have not been met within a period of one year
from the date of adoption of the ordinance, then such ordinance shall
be null and void with no further action by City Council being
necessary.
The Commission further recommended that the petitioner be charged a
price of $2,530.80, or in lieu of price, the petitioner may choose to plant large
deciduous trees, or a combination of payment and tree planting, for a credit of I
$250.00 per tree.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37594,101906) AN ORDINANCE permanently vacating, discontinuing
and closing a portion of an alleyway and certain public rights-of·way in the City
of Roanoke, as more particularly described hereinafter; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 594.)
Council Member Dowe moved the adoption of Ordinance No. 37594·
101906. The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
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There being no further questions or comments by Council, Ordinance No.
37594·091806 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arrj Soo...-. 00..00__..00..____.00..._ nhoonn...n.n..nn.......nnn.....nn.nnnn....7 .
NAYS: No n e··n__n.n...n_.nnn..n__n......n..oo__n.n..__..oonnn.__h..nn..n.m__···O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the Acting City Clerk having advertised a public hearing
for Thursday, October 19, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Carilion Medical Center to amend the
Institutional Planned Unit Development District of 1.98 acres, on or near 1815
Belleview Avenue, S. E., for an additional structure to the existing parking
garage, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2006, and on Friday, October 6, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending
approval of the request, and finds that the petition to amend the INPUD,
Institutional Planned Unit Development District to allow for the parking
structure expansion is consistent with the Comprehensive Plan, and that the
expansion would add considerable new parking in support of the hospital
complex with only a minimal increase in the impervious surface.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37595·101906) AN ORDINANCE to amend §36.2·100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to amend an INPUD of 1.84
acres, to permit an expansion of the existing parking structure on property on
or near 1815 Belleview Avenue, S. E., bearing Official Nos. 4060201, 4040831,
4040830, 4040829, 4040828, 404827, 4040826, and a portion of 4040833,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 597.)
396
Council Member Dowe moved the adoption of Ordinance No. 37595· I
101906. The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no further questions or comments by Council, Ordinance No.
37595·091806 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Mayo r H a r ri s··· n.....n 00.00. -- -- --.... 00 0000...00..00.00 n' nun 00 0000 -...... 00 __..000000..00 00 00 00..... --·6.
NAYS: Non enn__.nu...n........n____uu.......nnn.n._Uhoo.U.....n.n.noo--00.00······0.
(Vice·Mayor Trinkle abstained from voting inasmuch he is employed with
Carilion Health Systems.)
TAXES: Pursuant to instructions by the Council, the Acting City Clerk
having advertised a public hearing for Thursday, October 19, 2006, at
7:00 p.m., for as soon thereafter as the matter may be heard, on the request of
Kazim Temple Corporation, a non'profit organization, for tax exempt status of
four vacant lots located in the 19th block of Rorer Avenue, S. W, the matter was
before the body.
I
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 6, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending that
Council authorize the Kazim Temple Corporation exemption from real estate
property taxation, pursuant to Article X, Section 6(a)6, Constitution of Virginia,
effective January 1, 2007, for property known as Official Tax Nos. 1112405,
1112406, 1112407, and 1112408, located on Rorer Avenue, S. W., if the
organization agrees to pay the subject service charge by January 1.
(For full text, see communication on file in the City Clerk's Office.)
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397
Council Member Dowe offered the following ordinance:
(#37596·101906) AN ORDINANCE exempting from real estate property
taxation certain property located in the City of Roanoke of the Kazim Temple
Corporation, an organization devoted exclusively to charitable or benevolent
purposes on a non'profit basis; providing for an effective date; and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 599.)
Council Member Dowe moved the adoption of Ordinance No. 37596·
101906. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7596'101 906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s mn.hn.nnnhn.n.nnnnnnmnu.nm.un.nnnnn__nnnununnmn__7 .
NAYS: Non e ..n__nn..nn__........u__nn.nn...__...u.n._n.nn.._..nnnu._....00.00....0.
CITY MARKET·ClTY PROPERTY·LEASES: Pursuant to instructions by the
Council, the Acting City Clerk having advertised a public hearing for Thursday,
October 19, 2006, at 7:00 p.m., for as soon thereafter as the matter may be
heard, on the request proposal of the City of Roanoke to lease to John Michael
Forrester, Jr., d/b/a Red Coyote, 240 square feet of space located in the City
Market Building, 32 Market Square, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, October 9, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
398
The City Manager submitted a written communication recommending I
authorization to execute a lease agreement with John Michael Forrester, Jr.
d/b/a Red Coyote, for approximately 240 square feet of space in the City
Market Building, located at 32 Market Square, for a period of one year,
beginning November 1, 2006, and expiring October 31, 2007, subject to
approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Vice·Mayor Trinkle offered the following ordinance:
(#37597·101906) AN ORDINANCE authorizing the lease of 240 square
feet of space located within City·owned property located in the City Market
Building, for a term of one (1) year; and dispensing with the second reading of
this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 70, page 601.)
Vice·Mayor Trinkle moved the adoption of Ordinance No. 37597·101906.
The motion was seconded by Council Member Dowe.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
I
There being no questions or comments by Council Members, Ordinance
No. 37597·101906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri S..n.nnn__nnnnnnonuu.....n.....__..nnnn....nn.__nn......n__00000000··7.
NAYS: No n en....nn........u....n__nnn.nnnnnnn__....n.n.n...nnnn 00__..0000·····0.
CITY MARKET·CITY PROPERTY· LEASES: Pursuant to instructions by the
Council, the Acting City Clerk having advertised a public hearing for Thursday,
October 19, 2006, at 7:00 p.m., for as soon thereaher as the matter may be
heard, on the request proposal of the City of Roanoke to lease to Penick, Inc.,
d/b/a New York Subs, 290 square feet of space located in the City Market
Building, 32 Market Square, the matter was before the body.
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I
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, October 9, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Penick, Inc. d/b/a New York
Subs, for approximately 290 square feet in the City Market Building located at
32 Market Square, for a period of three years, beginning November 1, 2006,
and expiring October 31, 2009, subject to approval as to form by the City
Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance;
(#37598·101906) AN ORDINANCE authorizing the lease of 290 square
feet of space located within City·owned property located in the City Market
Building, for a term of three (3) years; and dispensing with the second reading
of this ordinance by title.
I (For full text of ordinance, see Ordinance Book No. 70, page 602.)
Council Member Dowe moved the adoption of Ordinance No. 37598·
101906. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7598·101906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayor H arri s ..u.----.......u.....n..n.n..n.n.n...h.nn..__..__...h.U.......um.n...n...7 .
NAYS: Non e·· 0000.. 00 00.. ..00·00... h.. 00... - 00··00...00 u.n.... n. ·00. 00__. 00__.... h .00. 00.. 00...0.
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PURCHASE/SALE OF PROPERTY: Pursuant to instructions by the Council, I
the Acting City Clerk having advertised a public hearing for Thursday,
October 19, 2006, at 7:00 p.m., for as soon thereafter as the matter may be
heard, on the request of Madison Field, Inc., to purchase City-owned property
located at the southeast corner of Overland Road and Brambleton Avenue, S. W,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Wednesday, October 11, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a contract for the sale of the property located at the
southeast corner of the intersection of Overland Road, S. W., and Brambleton
Avenue, S. W., upon certain terms and conditions; and authorization to execute
such further documents and take such further action as may be necessary to
accomplish the above matter, including execution of a deed of sale and to
complete the sale of the property to Madison Field, Inc., subject to approval as
to form by the City Attorney.
Council Member Dowe offered the following ordinance:
I
(For full text, see communication on file in the City Clerk's Office.)
(#37599-101906) AN ORDINANCE authorizing the property City officials
to execute a contract to sell to Madison Field, Inc., certain City owned property
located at the southeast corner of the intersection of Overland Road, S. W., and
Srambleton Avenue, S. W., and identified as a part of Tax Map No. 1360304,
upon certain terms and conditions; authorizing the City Mange to execute such
further documents and take such further action as may be necessary to
accomplish the above matters; and dispensing with the second reading by title
of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 603.)
Council Member Dowe moved the adoption of Ordinance No. 37599·
101906. The motion was seconded by Vice-Mayor Trinkle.
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Allen Henry, President of Icon Development and owner of Madison Field,
Inc., appeared in support of his request.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
Council Member Wishneff expressed appreciation to Mr. Henry for his
investment in the City of Roanoke for economic development purposes.
There being no questions or comments by Council Members, Ordinance
No.3 7 5 99·101906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s n..nn...nn...nn.nn.._nnn...n...nnnnnn..n.nn..n..n.n.nnn__nnn 7.
NAYS: Non e __n n.... .n. .0000.00..00·.00.....00..0000.00.00 00 00 ....00 00 0000... 00 0000 00.... ·...00 00.0 .
PARKS AND RECREATION: Pursuant to instructions by the Council, the
Acting City Clerk having advertised a public hearing for Thursday, October 19,
2006, at 7:00 p.m., for as soon thereafter as the matter may be heard, on the
request proposal of the City of Roanoke to place restrictive covenants on a
portion of City·owned property known as Thrasher Park, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Wednesday, October 11, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute and record, on behalf of the City of Roanoke, a
Declaration of Restrictive Covenants and any other documentation required by
the Virginia Department of Environmental Quality (VDEQ) and to take further
action and execute such other documents as may be necessary for VDEQ or
other government agency approval of the mitigation project, with such
documents subject to approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
402
Council Member Dowe offered the following ordinance:
I
(#37600·101906) AN ORDINANCE authorizing the City Manager to
execute a Declaration of Restrictive Covenants and any documentation required
by the Virginia Department of Environmental Quality (VDEQ) and to take such
further action as may be needed to obtain the VDEQ or other government
agency approval for a stream mitigation project in connection with a portion of
certain City owned property known as Thrasher Park, which portion contains
approximately 3.29 acres, and is a part of Official Tax Map No. 3330402; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 70, page 604.)
Council Member Dowe moved the adoption of Ordinance No. 37600·
101906. The motion was seconded by Vice·Mayor Trinkle.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Mr. Chris Craft, 1501 East Gate, N. E., spoke in support of the mitigation
of the stream in Thrasher Park. He asked that the City Manager investigate the
water run off at the foot of the hill of Thrasher Park. He expressed concern I
about a safety hazard for public works employees when mowing the property
due to the steep grade of the land.
There being no additional speakers, the Mayor declared the public
hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7600·101906 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wish neff, Dowe, Fitzpatrick, Lea
an d Mayo r H arri s m.nn.nn.n__n.n.nnn__nn.__.Uhoonnnnnn __...n.nn..nn.nnn._nnn7 .
NAYS: Non e .on.. .00000000' 00 00.00.0000" 00.00 __ .0000.........00 00.··00.. m 00..··· nun....·· -- 00·0.
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HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
PARKS AND RECREATION: Mr. Chris Craft, 1501 East Gate Avenue, N. E.,
expressed appreciation to the Director of Parks and Recreation for his efforts in
connection with certain improvements to East Gate Park. He urged City Council
not to support the vacation of the street closure request of Carilion Medical
Center. He also expressed appreciation to the Council for its support and
efforts with regard to the accreditation of Lincoln Terrace Elementary School in
connection with the Standards of Learning requirements for all City schools.
At 7:20 p.m., the Council meeting was declared in recess to be
reconvened on Tuesday, October 24, 2006, at 12:00 p.m., for a joint meeting of
City Council, the Roanoke County Board of Supervisors, and the Roanoke Valley
Resource Authority in the Roanoke County Administration Center Training
Room, fourth floor, 5204 Bernard Drive, S. W., Roanoke, Virginia.
The City Council meeting reconvened on Tuesday, October 24, 2006, at
12:20 p.m., it the Roanoke County Administration Center Training Room,
Fourth Floor, 5204 Bernard Drive, S. W., for a joint meeting of Roanoke City
Council, the Roanoke County Board of Supervisors and the Roanoke Valley
Resource Authority with Mayor C. Nelson Harris presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B.
Trinkle, and Mayor C. Nelson Harrisn--nm.mm.mm.mn_nmmm_nnmnnnm.___6.
ABSENT: Council Member Brian J. Wishneffnnmnhhnnnnh__mnmh.nmm 1.
The Mayor declared the existence of a quorum.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Michael W. Altizer,
Richard C. Flora, Joseph P. McNamara, and Chair Michael A. Wrayn.m..mmnh··4.
ABSENT: Supervisor Joseph B. Churchnmmuhnnm.nnmmhmnm.h__.mnl .
404
ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS PRESENT: Robert K. I
Bengtson, Keith Tensen and Ann Marie Green, Vice.Chair.mm.mmm.mnnn--m3.
ABSENT: Kevin S. Boggess, Diane D. Hyatt, Suzie Snyder and Bittle W.
Po rte rfi e I d, 111····nnnn.nnnnnn..uun.n.mnnn._unnnunnnnnnn_nnnnn 0000.00__00·_4.
Representing the City of Roanoke: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and
Stephanie M. Moon, Acting City Clerk.
Representing Roanoke County: Elmer C. Hodge, County Administrator;
John M. Chambliss, Jr., Assistant County Administrator; Paul M. Mahoney,
County Attorney; Diane D. Hyatt, Chief Financial Officer; and Mary V. Brandt,
Assistant Deputy Clerk.
Representing the Roanoke Valley Resource Authority: John Hubbard,
Executive Director, Steve Barbour, Assistant Director, Mark A. Williams, Legal
Counsel; and Deborah Charles, Secretary to the Resource Authority.
The invocation was delivered by John M. Chambliss, Jr., Assistant County
Administrator.
Board Supervisor Wray welcomed everyone to the meeting, and I
introduced the Vice'Chair of the Resource Authority for remarks.
Vice·Chair Green stated that solid waste disposal is one of the oldest
regional efforts, and the Roanoke Valley Resource Authority was predated by
the Roanoke Valley Regional Solid Waste Management Board, which was in
charge of the Rutrough Road Landfill, and began the process for the current
landfill. Ms. Green called upon the Executive Director for a presentation
regarding the past, present, and future of the Resource Authority. Mr. Hubbard
highlighted the following:
Formation:
· RVRA as it exists today was formed in October 1991 as a joint effort by
the City of Roanoke, County of Roanoke and Town of Vinton
· RVRA was formed under the Code of Virginia Water and Waste
Authorities Act
· Incorporated by the State Corporation Commission on August 25, 1989
(RCRA)
· Success: Joint effort, idea supported by each member
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Operation:
. RVRA operates through a Member Use Agreement
. Board of Directors appointed by members
· TASK: Fund, construct and operate a solid waste disposal system to
serve the member jurisdictions
· Success: Well thought out Member Use Agreement; Funded,
constructed and operate first class facilities; very competent and
consistent Board of Directors and employees over past years
Fundinq:
· Initial capital borrowed through a Revenue Bond issued in 1992 in the
amount of $33,830,000.00 for construction and equipping the solid
waste disposal system
· Operating costs and debt payments are made through disposal charges
levied to users "tipping fees"
· Success: Very well constructed financing plan for borrowing; have
exceeded expectations and projections of underwriters and rating
agencies (basically paying $800,000.00 less in debt service each year)
Facilities:
Smith Gap Landfill (Bradshaw area of Roanoke County)
· 1200 acres, of which 800 acres will eventually be for disposal purposes
· Success: We have built a landfill in a neighborhood with support from
the community and have remained a good neighbor
Tinker Creek Transfer Station (1020 Hollins Road, N. E., Roanoke City)
· Success: Transformation of an industrial site (had been the Old
American Iron and Bridge Works since 1895) to waste transfer station
with community support (16 acres)
· All America City Project· 1996
Rutrough Road:
· Landfill 1976 (operated under the City's and County's Landfill Board)
· Closed 1994 (RVRA assumed responsibility in 1995)
. Capped 1996 (post-closure phase will last another 20 years)
TransDortation:
· Long term agreement with Norfolk Southern Railway - June 30, 2018
and 5 year options
· Success: A win-win contract with Norfolk Southern that has proven to
be successful for both parties; good service and very economical
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Wasteline Express:
Doing Business
· Opened May 16, 1994
· Serving area for the next 100 years
Smith Gap Landfill:
· Waste received 1.9 million tons
· Landfilled 1.8 million tons
He called attention to amount of waste disposed of between 1994·2006;
and referred the waste disposed volume record as follows:
Waste Disposal Volume Record
Fiscal .
Total Diversions and Recycled Waste Total to
Year Received -.. Smith GaD %
Wood Metal Tires Other
May·June 25,000 730 0 0 0 24,360 97.1%
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1994·95 191,623 6,262 0 0 0 185,361 96.7%
1995·96 189,057 8,671 454 318 0 179,614 95.0%
1996·97 163,172 10,207 731 372 0 1 51 ,762 93.0%
1997·98 147,492 10,109 834 785 0 135,764 92.0%
1 998·99 146681 11,456 865 940 3 133,417 91.0%
1 999-00 152,637 13,528 1,110 966 0 137,033 89.8%
2000-01 151,655 13,231 1,039 946 332 136,107 89.7%
2001·02 143,616 12,137 1,100 809 271 129,299 90.0%
2002·03 146,346 13,592 1 208 865 65 130,616 89.3%
2003·04 159,232 15,352 1 288 747 58 141,787 89.0%
2004·05 155,944 13,831 924 643 65 140,481 90.1%
2005·06 169,884 14,392 776 789 4,131 149,796 88.2%
2006·07 0
0
Totals 1.942,429 143,598 10,329 8,180 4,925 1,775,397 91.4%
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Permit Allowance
4,937,500
Notes:
· All numbers expressed as tons 12.17 Years used 35.96%
· Opened Phase I - May 16, 1994 21.68 Years remaining 64.04%
· Opened Phase" - May 29, 1997 33.85 Total years 100.00%
· Opened Phase III/IV - August
28, 2001
Permits:
· 4.9 million tons (7.7 million· modified)
. Initial area - 100 acres
· Constructed 50 acres
· Life - Projected 27 years (55) of first 100 acres used
· Used - 12 years and 36% capacity
Remaininq Space:
· Initial 100 acres
· 43 years of remaining
Reasons:
. More waste in same area
· Less waste received, (some private haulers have used their own landfill
area for economic reasons, ratio is currently about 35%
commercial/private businesses vs. 65% municipal)
· Technology and design improvements have allowed for better use of
space
· Success: We are, placing more waste in less area for less money than
projected
Financials:
· Annual Budgets· $9,000,000.00 (approved by all members)
Personal - 1 8%
Operations - 31 %
Reserves - 1 9%
Debt - 32%
· Funded by tipping fees
· Success: Stable fees far less than projected saving millions of dollars
for our members and users
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Tippina Fee Breakdown:
Cateaorv Landfill Transfer Transport Total Percent
Operations 11.94 5.88 9.77 27.59 49%
Debt Service 8.54 4.47 6.40 17.88 32%
Deposits & Reserves 8.96 1.11 0.00 10.92 19%
Total 29.44 11.46 16.17 56.39 100%
Percentaae 52% 20% 28% 100%
--
Notes:
Operations cost are estimated to be 67% landfill and $ 4,275,545.00
33% transfer station. $ 2,771,125.00
Debt service based on construction cost: 44% landfill, $ 1,560,000.00
23% transfer, 33% rail.
Deposits allocated as 89% landfill, 11% transfer
(includes host fees).
*Additional revenue other than tipping fees allows
total to be reduced to the proposed rates of: $45.00
per ton· $55.00 per ton
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· Debt
$33,830,000 1993 Issue - paid I
Refunded $10,000,000 - 1998
Refunded $10,000,000 - 1999
ALL PAID in 2012
· Success: We have paid off the 1993 debt and paid off half the
refunding and we are charging members $5.00 less than in 1994.
Current Proiects:
· Expansion of Smith Gap Landfill Area - 100 acres
. Permit modifications to improve technology in expansion area
· Tipping Fees
. Maintaining steady levels
· Household Hazardous Waste collection event at Transfer Station
· Rutrough Road Closed Landfill - Post closure care
Facilities:
· Expansion of Smith Gap Landfill for 2008 and beyond
· Rutrough Road Closed Landfill Issues - 30 year closure period
· Landfill Gas Utilization Projects
· Expanded electronic waste collections at Transfer Station
· Payoff of Bonds - 2012
· Tipping fee increases from 2008·2012
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Mr. Hubbard expressed appreciation for the support of the City and
County over the past 14 years.
(For additional information, see PowerPoint on file in the City Clerk's Office.)
Council Member Fitzpatrick commended the Authority on its efforts and
commented on the success of the local jurisdictions working together to
address a common need, and encouraged more regional cooperation to benefit
the citizens.
Question was raised with regard to any discussion about a plan for
paying off the debt service; whereupon, Mr. Hubbard stated that a plan would
be developed for future review.
Council Member Dowe inquired about the possibility of shipping refuse
from New York and other areas to the Valley's landfill; whereupon, Mr. Hubbard
stated the Member Use Agreement limits the types of refuse that can be
received, and he does not see any reason for expansion at this point.
Mayor Harris stated that the ability to control and operate the landfill
helps protect the region environmentally and he commended the Authority on
its 14 years of success.
The City Manager commented on recycling issues, that there had been
concerns that the City's choice to dispose tree limbs and weed collection that
was previously in the streams, could have had a negative impact on the tipping
fees; and she inquired if the City's continuing removal of certain waste from the
way streams will impact the estimates as they relate to tipping fees; and if there
is thought on the part of the Authority to regionalize some of those activities,
since residents are becoming more interested in composting their own leaves,
grass clippings, etc. Mr. Hubbard stated that diverting has not hurt the
Authority financially, and with regard to regionalizing the Authority the matter
as a core business, with the main focus on disposal, not recycling, even though
there is about 10% recycling occurring at the transfer station. However, if there
was consensus, with the Authority members would consider a site that could
accommodate additional waste and the site would need to be located in the
core of the Roanoke Valley.
410
There was discussion regarding the collection of trash regionally, the I
logic in saving transportation cost by transporting by rail instead of by trucks. '
The City Manager inquired whether the Authority had given thought to
expanding its operations, once the debt service has been paid off; whereupon,
Mr. Hubbard replied that the Authority would prefer to avoid any conflicts with
other business in the Valley; however, if the Authority wished to investigate the
matter, he would be pleased to do so.
It was suggested that the Authority be proactive about future endeavors
once the debt service has been paid off.
Following comments/questions, the Mayor expressed appreciation to the
Authority for its presentation. He also thanked the County Board of Supervisors
for hosting the meeting.
The Roanoke County Board of Supervisors meeting was adjourned.
The Roanoke Valley Resource Authority meeting was adjourned.
There being no further business, the Mayor declared the Council meeting
adjourned at 1: 15 p.m.
APPROVED
I
ATTEST:
Q,W~~
~m.ìnxw
Stephanie M. Moon ~
Acting City Clerk
C. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL
November 6, 2006
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 6, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor David B.
Trinkle presiding, pursuant to Chapter 2, Administration, Article II, Citv Council,
Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.
(arrived late), Sherman P. Lea (arrived late), Gwendolyn W. Mason (arrived late),
Brian J. Wishneff, Mayor C. Nelson Harris (arrived late), and Vice-Mayor David B.
Tri n k Ie ______n_________________nn________________n_n________________h__------------------hn-____________7 .
ABS ENT: Non e ______________h__nn_________________nn______________hn____n_____-----------0.
(Mayor Harris and several Members of Council were in attendance at a press
conference with Governor Tim Kaine.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
Due to the lack of a quorum, the Vice-Mayor called upon the City Manager
for a briefing with regard to market garage repairs.
(The City Manager introduced Diane Jackson, a student from the Jefferson
College of Health and Sciences, advising that Ms. Jackson is seeking a degree in
Leadership/Management and has expressed an interest in shadowing the City
Manager.)
Market Garaoe Repairs
The City Manager advised that staff would provide an update on the
investigation of the Market Garage structure; that Sutton Kennerly and
Associates were recommending that a minimum of repairs be made to the
facility, and additional options would be presented for Council's consideration,
which have associated costs, adding that there were some policy issues in
connection with the rate structure for parking in the Market Garage. She
further advised that the facility was built about 15 years ago under the auspices
412
of the Roanoke Redevelopment and Housing Authority due to the private entity
requirements associated with the financing of garages; and the City acquired ,
ownership following the payoff of the bonds for construction of the facility.
Charlie Anderson, Architect II, introduced Brad Earhart and John Mancuso
of Sutton Kennerly and Associates, a structural engineering company located in
Greensboro, North Carolina, for presentation regarding the Market Garage
repairs.
Mr. Earhart reviewed the following phases of the evaluation:
· Phase 1, visual condition assessment of façade;
· Phase II, evaluation of precast connections;
· Phase III, evaluation of post-tensioned tendons (PT);
· Phase IV, analysis of structure for additional levels; and
· Phase V, remediation of parking garage.
(See powerpoint presentation on file in the City Clerk's Office.)
Mr. Earhart explained that:
· Phase I - assessment revealed improper attachment of the brick
veneer to the concrete structure, as well as other conditions
thought to be a threat to public safety, and consequently, a
recommendation was made for immediate removal of the brick
veneer, which removal exposed other issues of concern.
41
· Phase II - many connections were covered by weld slag which had
to be removed for proper inspection: shims were improperly used
for alignment problems, and a recommendation was made to repair
or remove all precast panels.
· Phase III post-tensioning problems were revealed; water
infiltration into the plastic sheath around the tendon had allowed
corrosion to occur; it was concluded that all PT pockets should be
cleaned, properly finished and protected, and the barrier cable
system should be replaced, with the approximate cost being
$730,000.00.
Mr. Earhart indicated that the Phase IV analysis was based on drawings
that had been prepared for the facility 15 years ago; and the original design
allowed for four levels; one being utilized when the deck was constructed which
called for additional parking.
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Mr. Earhart advised that Option 1 will reclad the existing parking garage
similar in appearance to the original design, with an estimated cost of
approximately $2,940,000.00, which includes repairs to the brick, precast, PT
tendons, barrier cable system, A/E services, site work, special inspections, and
testing services; and Option 2 will change the appearance of the deck to be
more in keeping with the Market Street area, with an estimated cost of
approximately $4,490,000.00, which includes replacement of the entire façade,
repair to PT tendons and barrier cable system, A/E services, site work, special
inspections, and testing services.
With regard to Option 2, R. Brian Townsend, Director of Planning Building
and Economic Development, referred to the conceptual design included in the
Market Area Study recently completed, advising that if the City went with
Option 2, the plan calls for repairs for the lower part of the façade for the
future by· further reinforcing the first floor for non-parking activity, and
thereafter, redo the façade with more vertical readings and close the horizontal
openings.
Mr. Earhart further advised that Option 3 will infill the southwest corner
which was omitted from the original construction design and give a better
circulation pattern to allow for expansion, for an estimated cost of
approximately $6,180,000.00, including a 27,300 square foot addition,
replacement of entire façade, repair to PT tendons and barrier cable system,
A/E services, site work, special inspections, and testing services.
With regard to Option 3, Mr. Townsend indicated that the repairs will
make the Market garage building user friendly; additional parking spaces will
be on all levels in a continuous circulation pattern; and the repairs would
provide a footprint for future residential levels to be constructed. He advised
that the repairs would add 66 spaces, increasing the parking spaces to
approximately 540 spaces. The City Manager added that according to previous
designs reviewed, there will be about 30 - 40 residential units, with about 30
spaces along Church Avenue being lost, which will provide a net increase of 36
spaces, and 66 gross spaces.
Debbie Moses, Director of Conference Center Communications, reviewed
the potential funding scenarios for Options 1,2 and 3, stating that $1.5 million
in each scenario is the working capital that is currently available in the Parking
Fund, and for the remaining amount, new debt service would have to be
funded. She noted that approximately $85,000.00 would fund $1 million in
debt.
414
The City Manager interjected that the Parking Fund is an Enterprise Fund
consisting of fees collected from daily and monthly rentals of all service lots
and parking facilities; and the Fund is responsible for paying the debt service
on any and all activities supported by parking. Ms. Burcham explained that as
the City builds new facilities, renovates repairs and maintains existing facilities,
the Parking Fund absorbs all of the expenses. She pointed out that some
private activity proposals are being reviewed to construct a parking facility that
will straddle Campbell and Salem Avenues, in anticipation of condo
development in the area, and due to need for funds for parking activities, the
City has passed costs on to the patrons who use the parking garage, as
opposed to the expense being a General Fund expenditure.
Council Member Dowe called attention to the increased interest of
professionals residing in the downtown area wanting free or discounted
parking, and questioned if it leveraged much of the funding; whereupon, the
City Manager responded that there is a current policy which allows free parking
on downtown streets by any individual who has proof of downtown residency
beyond the two-hour restriction, or they may park in available spaces in any of
the City's facilities. She further advised that regarding discussion of funding
for the new garage on Campbell and Salem Avenues, it has been anticipated
that the additional debt service requirement would be paid for by a planned flat
evening rate at all the City's garages; and currently the only garage that an
evening rate is charged is adjacent to Center in the Square; and a revenue
source has already been identified with respect to all three options.
Ms. Moses reviewed the current rate structures to address the additional
debt service, advising that Option 1 would require a four - five per cent
increase in revenues; Option 2 requires a nine - ten per cent increase; and
Option 3 requires a 14 - 15 per cent increase; and in 2003, some of the rates
were revised because of the inconsistencies charged at other City parking
facilities.
At 9:35 a.m., Council Member Lea entered the meeting.
Mr. Earhart advised that the parking deck, as it currently exists, is safe to
occupy; however, the conditions should not extend into inclement weather
where there is a potential for increased risk. He pointed out that a safety fence
has been installed surrounding the facility to prohibit unlawful entrances.
Consequently, if some of the cables should fail due to corrosion he stressed
that the deck would have to be closed immediately. He also re-emphasized that
either the remaining precast repairs needed to be made, or removed.
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Council Member Wishneff inquired if permitted vehicles would have to be
relocated during the work, and the timeframe for completion of the work;
whereupon, Mr. Earhart advised that it would not be necessary to relocate any
vehicles due to the sequence of the work depending upon the option selected,
and the timeframe would be between 6 - 18 months.
Council Member Wishneff also asked whether funds had been allocated
for the City Market Plan; whereupon, the City Manager advised that the only
work contracted in the downtown area is the replacement of awnings in the
Historic Farmers Market area, and a contract is underway for a design of the
step plaza located at the Pedestrian Bridge that is connected to The Hotel
Roanoke. She added that Council has previously requested that marketing of
the Market Parking Garage for upper floor development be initiated; however,
no money has been set aside. She pointed out that it was thought that prior to
the repair issue, some of the drawings could be used to interest potential
developers regarding development of the upper floors, but once the repair
problem became known, the City ceased its efforts to try to promote
development of the upper floors.
Ms. Burcham indicated that prior to the creation of the Market Plan, the
City had been approached twice with regard to development of the upper floor
at the Market Garage. With increased interest in residential development in the
downtown area, she emphasized that there would be an even greater interest in
the garage, upon completion of the repair work.
The City Manager pointed out that the original contractor on the project
was J. M. Turner, Inc." and the original architectural firm was Hayes, Seay,
Mattern and Mattern. Council Member Wishneff questioned if J. M. Turner, Inc.,
and Hayes, Seay, Mattern & Mattern could be held liable for any of the above
mentioned damages; whereupon, the City Attorney responded that the statute
of limitations had expired and RRHA was the original party listed in the
contract. Council Member Wishneff questioned if Council could agree at an
upcoming meeting to allocate funds for the repairs, and thereafter, support a
bigger package if a developer could be found; whereupon, the City Manager
stated that the more information that could be included in the package, the
larger the award, and if portions are segregated, the project could cost more.
Vice-Mayor Trinkle questioned whether the City had a recourse available
since some of the problems were hidden and given the amount of time that has
elapsed; whereupon, the City Attorney advised that no legal recourse has been
determined. The City Manager interjected that discussions are ongoing
between the City and J. M. Turner, Inc., with regard to the project, and J. M.
Turner, Inc., is willing to assist with certain repairs.
416
Mr. Townsend indicated that some initial repairs to the precast panels
were being handled by J. M. Turner, Inc., as well as construction management ,
services for the repair process, at no cost to the City, along with all activities
relating to the three options.
Vice-Mayor Trinkle inquired about the sustainability for a rate increase in
Option 3; whereupon, Ms. Moses advised that it would be challenging, while the
rate increase for Option 2 could be sustained; however, Option one could be
accomplished under the Market Plan.
The Director of Finance noted that enough cash had been generated in
the Parking Fund to cover the garage maintenance, etc., and that the Fund is in
much better shape than it used to be.
Following discussion of the matter, it was the consensus of the Council to
approve the repairs listed in Option 1 and request that Option 3 be awarded to
a developer.
Based on the above actions, the City Manager suggested additional
discussion of the matter be held at the conclusion of the 2:00 p.m. session,
stating that she would prefer to have the majority of the Council's support to
proceed with the minimal repairs as outlined as soon as possible, and she
would also like the Council's guidance regarding its commitment for Option 2
or 3 so that the Administration may start to market said option, along with
preparation of design work with simultaneous marketing, and feedback for a
potential developer on the exterior appearance.
41
Vice-Mayor Trinkle noted that a quorum was present which could agree to
the emergency repairs and the City Manager could report back to Council
regarding the process. The City Manager reiterated that when construction
commences, the City will be making a commitment to revise some parking fees
and rate structures at the Market garage and advertise for a developer;
whereupon, Vice-Mayor Trinkle added that there is the possibility of
transferring funds from the General Fund to help keep fees down.
Following discussion, it was the consensus of the Council that the City
Manager move forward with the emergency repairs and also to begin the
process of reviewing designs and costs for Option 3.
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417
COMMITTEE-BUILDINGS/BUILDING DEPARTMENT-ZONING-ROANOKE CIVIC
CENTER-COMMUNITY PLANNING-INDUSTRIES-ROANOKE ARTS COMMISSION-
ROANOKE VALLEY RESOURCE AUTHORITY-YOUTH-BLUE RIDGE BEHAVIORAL
HEAL THCARE: A communication from Mayor C. Nelson Harris requesting that
Council convene in a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, and
more specifically to consider appointments to the Local Board of Building Code
Appeals, Roanoke Civic Center Commission, Youth Services Citizen Board,
Board of Zoning Appeals, City Planning Commission, Blue Ridge Behavioral
Healthcare Board of Directors, Roanoke Valley Resource Authority, and Roanoke
Arts Commission, was before the body.
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Dowe, Lea, Wishneff and Vice-Mayor
T ri n k I e uu - - _n_ n - - - _n_ -- - - - - uuu - - - - uu - - _uu - - - - uu_ - uuu - - u _u_uu - - - - - n__n h nnn - - _n_ - - ---- - 4.
NAYS: Non e nn_n_nn___uuu__u______u_____uu____uUUU__Uh__n_n__nnn__-n--n_n_O.
(Mayor Harris and Council Members Fitzpatrick and Mason were not present
when the vote was taken.)
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year, pursuant to Section 2.2-3711 (A)(l 0), Code of Virginia
(1950), as amended, was before the body.
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Dowe, Lea, Wishneff and Vice-Mayor
Trinkle----------------------------------------------------------------------------------------------------------4.
NAYS: Non e _____u__UUU__n_n_____u_____________UUU_____nnn_n_____uuu__--------uu-O.
(Mayor Harris and Council Members Fitzpatrick and Mason were not present
when the vote was taken.)
418
CITY CLERK-CITY COUNCIL: A communication from Council Member
Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
Council Member Dowe moved that Council concur in his request to
convene in Closed Meeting as abovedescribed. The motion was seconded by
Council Member Lea and adopted by the following vote:
AYES: Council Members Dowe, Lea, Wishneff and Vice-Mayor
Trinkle----------------------------------------------------------------------------------------------------------4.
NAYS: Non e n_nnn_____u_u__uuu___________uuuuuu__uuuu______uuuu___--------n-O.
(Mayor Harris and Council Members Fitzpatrick and Mason were not present
when the vote was taken.)
ITEMS LISTED ON THE 2:00 P. M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M.,
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
At 9:40 a.m., Mayor Harris and Council Members Fitzpatrick and Mason
entered the meeting.
At 9:40 a.m., the Vice-Mayor declared the Council meeting in recess to be
reconvened at 12:00 p.m., for a joint meeting with the City Planning
Commission in Room 159, first floor, Noel C. Taylor Municipal Building.
(At 9:45 a.m., the Legislative Committee met in Room 159.)
(At 11 :00 a.m., the Audit Committee met in Council's Conference Room,
Room 451.)
(At 11 :30 a.m., Council met in Closed Session in Room 451.)
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At 12:00 p.m., the Council meeting reconvened in Council's Conference
Room, Room 451, with all Members of Council in attendance, Mayor Harris
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Fitzpatrick 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
Mason and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s __________n_n___n____n__u__u_u___uuu____uuuuu_u_uu_h___nn__nn_n____7 .
NA YS: Non e nn___n_n_n__uu___u_u___uuu__uuu______hnnn__n__nn_____u-----u----o.
OATHS OF OFFICE-ZONING-COMMITTEES: The Mayor advised that the
terms of office of Phillip H. Lemon and Joel W. Richert will expire on December
31, 2006; whereupon, he opened the floor for nominations to fill the vacancies.
The names of Phillip H. Lemon and Joel W. Richert were placed in
nomination.
There being no further nominations, Mr. Lemon and Ms. Richert were
reappointed as members of the Board of Zoning Appeals, for terms ending
December 31, 2009, by the following vote:
FOR MR. LEMON AND MS. RICHERT: Council Members Dowe, Fitzpatrick,
Lea, Mason Trinkle, Wishneff and Mayor Harris-------uunnmuuu---------uu---h_nn7.
OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that the
terms of office of Gilbert E. Butler, Jr., D. Kent Chrisman and Henry Scholz will
expire on December 31, 2006; whereupon, he opened the floor for nominations
to fill the vacancies.
The names of D. Kent Chrisman and Henry Scholz were placed in
nomination.
420
There being no further nominations, Messrs. Chrisman and Scholz were ,
reappointed as members of the City Planning Commission, for terms ending
December 31, 2010, by the following vote:
FOR MESSRS. CHRISMAN AND SCHOLZ: Council Members Dowe,
Fitzpatrick, Lea, Mason Trinkle, Wishneff and Mayor Harris-----------------------uuu7.
(Inasmuch as Mr. Butler has served three consecutive terms, he is not eligible
for reappointment. The City Clerk was instructed to advertise the vacancy to
seek applications for appointment.)
OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT: The Mayor
advised that there is a vacancy on the Local Board of Building Code Appeals,
due to the expiration of the term of office of Edward S. Colonna on
September 30, 2006; whereupon, he opened the floor for nominations to fill the
vacancy.
The name of Robert P. Wingfield was placed in nomination.
There being no further nominations, Mr. Wingfield was appointed as a
member of the Local Board of Building Code Appeals, for a term ending
September 30, 2011, by the following vote:
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FOR MR. WINGFIELD: Council Members Dowe, Fitzpatrick, Lea, Mason
Tri n kle, Wi sh neff and Mayor Harri su__________nnn______n_______h___________________u___u____7.
OATHS OF OFFICE-COMMITTEES-CABLE TELEVISION: The Mayor advised
that there is a vacancy on the Roanoke Valley Regional Cable Television
Committee created by the resignation of Council Member Sherman P. Lea;
whereupon, he opened the floor for nominations to fill the vacancy.
The name of Vice-Mayor David B. Trinkle was placed in nomination.
There being no further nominations, Vice-Mayor Trinkle was appointed as
City Council's representative on the Roanoke Valley Regional Cable Television
Committee, by the following vote:
FOR VICE-MAYOR TRINKLE: Council Members Dowe, Fitzpatrick, Lea,
Mason, Wi s h neff and Mayor Harri su___uu________n___n_______________________n______________u6.
(Vice-Mayor Trinkle abstained from voting.)
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OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Acting City
Clerk having advised the Council of the resignation submitted by Ben J. Fink as
a Commissioner of the Roanoke Redevelopment and Housing Authority,
effective immediately, the Council instructed the Clerk to publish a notice in
local newspapers seeking applications for appointment to fill the vacancy on
the Roanoke Redevelopment and Housing Authority, with a deadline for receipt
of applications on Friday, December 1, 2006.
At 12:01 p.m., the Council meeting was declared in recess to be
immediately reconvened for a joint meeting of Council and the City Planning
Commission in Room 159, Noel C. Taylor Municipal Building.
At 12:05 p.m., the Council meeting reconvened in Room 159, with Mayor
Harris presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff and
Mayor C. Nelson Harri 5 h-------------------------------------------------------------------------------7.
A BS E NT: Non e - -- -- ---- - - -- ------ -- ---------- - - - ---------- -- - - - - - - ------ - - ----- - - -- ---- -- ------ - - - 0 .
CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr.,
D. Kent Chrisman, Robert B. Manetta, Paula L. Prince, Henry Scholz and
Ch ai rman Rich ard A. Rife ------------------------------------------------------------------------------6.
ABSENT: Frederick M. Williams----------------h-------------------------------------------1 .
OFFICERS PRESENT: Darlene L. Burcham; William M. Hackworth, City
Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, Acting City
Clerk.
OTHERS PRESENT: R. Brian Townsend, Director, Planning, Building and
Community Development; Chris Chittum, Planning Administrator; Ian Shaw,
Senior City Planner; and Martha P. Franklin, Secretary, City Planning
Commission.
COUNCIL-COMMUNITY PLANNING: The Mayor welcomed Members of the
City Planning Commission and Planning Department staff.
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COUNCIL-COMMUNITY PLANNING-NEIGHBORHOOD PLANS: Mr. Townsend
stated that City Council and the Planning Commission have been provided
drafts of the Vision 2001 -2020, the City's Comprehensive Plan, and the
Neighborhood Plan Report, and the final version would be published on the
Internet, with hardcopies available in the Planning Department.
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Vision 2001-2020. Comprehensive Plan. Implementation Report
Mr. Chittum highlighted updates to the overall Comprehensive Plan,
action items, continuing planning efforts with neighborhood plans resulting
from the five-year review process. He stated that the Comprehensive Plan
consists of six elements, i.e.: Housing and Neighborhoods, Environmental and
Cultural Resources, Economic Development, Transportation and Infrastructure,
Public Safety and Services, People and Human Development, with a unifying City
Design theme, all of which have common threads. He noted that there were
157 specific actions identified to be implemented to realize the Vision
Statement for the City, of which 54 were completed and 74 would be on-going,
adding that one of the most significant accomplishments was the adoption of
the new Zoning Ordinance. He emphasized that staff would continue to work
on the neighborhood plans in order to achieve their goal of having a plan
and/or up-dated plan for every neighborhood within the City. He explained that
the Vision 2001-2020 Plan is to be updated based upon the examination of
local and regional demographic indicators, revisiting strategic initiatives and
revising actions and strategies as needed.
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Mr. Shaw, gave an overview of the five-year plan, as follows:
The demographic data compiled in Vision 2001 - 2020 was based
largely on 1990 and estimated 2000 census data, Information
presented in this update includes actual 2000 census data and
estimates for 2005, where available. This data review allows the
assumptions based on estimated data in Vision 2001 - 2020 to be
confirmed and to evaluate trends extending to 2005. The
demographic data reviewed also includes some data that is
included in the individual neighborhood plans but was not included
at the City-wide level in Vision 2001 - 2020.
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A summary of significant results are presented below and actual
data can be reviewed on the following charts and table.
· Regional Populationl/Population Change - The population of
Roanoke continued to decrease through the early part of this
decade based on annual population estimates. However, the
population of the City rose slightly in 200S. The total
population of the Roanoke Metropolitan Statistical Areas
(MSA) continues to increase.
· Age Distribution - Across the region, the per cent of
population under the age of 18 has remained constant while
there has been a consistent decrease in the 18 - 44 age range
across jurisdictions. There has been a general increase in the
per cent of population in each range above the age of 45.
· Population Diversity - The population of the City is by far the
most diverse racially/ethnically in the MSA with a
composition similar to the state average.
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· Household Size - Between 1990 and 2000 the household size
across the Roanoke MSA and state decreased, with the
smallest household size in the MSA found in the City of
Roanoke. 2005 Census estimates show the household size
continuing to decrease in the City with an estimated increase
in Roanoke County and at the state level. Incidentally, the
percentage of single parent households (single female with
her own children under the age of 18) in the City is the
highest of the MSA.
· Household Income - Household incomes increased across the
Roanoke MSA from 1990 to 2000 with the lowest income rate
in the City of Roanoke. The rate of increase in household
income for the City is consistent with the MSA as a whole.
Income estimates for 2005 show increases for the City of
Roanoke, Roanoke County and the state as a whole. The City
of Roanoke has the least balanced range of incomes in the
region with over 50 per cent of households having an income
of less than $35,000/year and the smallest per centage of
high income households (greater than 100,000/year).
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. Education Level - The City has the lowest per centage of the
population in the region of high school graduates based on
2000 Census data. However, the City has the largest per
centage increase in high school graduates in the MSA
between 1990 and 2000. The per centage of City residents
that are college graduates is below average for the MSA and
the rate of increase in college graduates was below the
average increase for the MSA.
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. Unemployment Rate - Since 1990 the unemployment rate in
the City of Roanoke has been below the national average and
has tracked trends (increases and decreases) in line with the
state rate and other regional localities. The City's
unemployment rate is higher than the average for the MSA.
Compared to the state, when unemployment is relatively
high, the City's rate exceeds that of the state but when
unemployment is relatively low the City's rate is less than
that of the state.
(For full text, see Implementation Report for Vision 2001-2020 Comprehensive
Plan on file in the City Clerk's Office.)
Implementation Report - Neiohborhood Plans:
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Mr. Shaw also gave an overview of the Neighborhood Plan Implementation
Report, as follows:
The 2006 Neighborhood Plan Implementation Report shows the
status of actions recommended by each neighborhood plan
adopted by the City of Roanoke. The Planning Division coordinates
with other City departments to determine the status of actions
identified in neighborhood plans.
Plans adopted a year ago or more are added to the report so their
actions can be bench marked and progress monitored. This year
the following neighborhood plans were added: (1) Villa
Heights/Fairland (2004), (2) Franklin Road/Colonial Avenue (2004),
(3) Riverland/Walnut Hill (2004), (4) Williamson Road (2004), (5)
Grandin Court (2005), and (6) Hollins/Wildwood (2005). In 40 of
42 neighborhoods, plans have been updated/completed to follow
the overall principles of the comprehensive plan. Greater Raleigh
Court neighborhood plan is underway and South Roanoke is
pending. Current initiatives are clearly identified in the report as
ongoing actions or have a several year time span for completion.
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The 2005 Neighborhood Plan Implementation Report listed several
completed actions under each neighborhood plan. These actions
were included in the 2006 Plan to show the continuing progress the
City is making on its neighborhood initiatives.
As part of the 2006 update process, staff from Planning Building
and Economic Development met with staff from all departments
taking an active part in the neighborhood plan process.
Discussions focused on the current status of each action pertaining
to the department's area of expertise, future schedules, and
general input on the neighborhood planning process. Several
departments offered suggestions to improve the neighborhood
plans and to make them more effective tools for implementing the
actions. In general, comments were focused on more involvement
in planning and more specific actions.
The following recommendations were made to enhance the
neighborhood plan update process:
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1. Request departments to participate in neighborhood planning
workshops based on initial neighborhood comment.
Department participation includes keeping other departments
abreast of neighborhood issues and new ideas throughout the
process. Participation also allows departments to better
understand neighborhood issues, respond to needs, and to
assist in developing a specific action plan to address issues in
the neighborhood.
2. Develop specific list of actions. Departments use action items
to set budgets and the more specific a goal the more
measurable it is.
3. Specific actions should be compared to the eXisting Capital
Improvement Plan (CIP) and confirm listings as needed. Listing
in the CIP will demonstrate to citizens that issues are
recognized and show where these issues rank on the priority
list.
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4. Departments involved in the planning process should be
involved in review of action items and how progress will be
measured.
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(For full text, see Neighborhood Plan Implementation Report on file in the City
Clerk's Office.)
Discussion:
Council Member Dowe commended the staff and the Planning
Commission members for their efforts with regard to diversity, and he inquired
if there were any types of things from a planning perspective that the City
needed to pay attention to, particularly in light of the rising population of
Hispanic and Latino individuals; whereupon, Mr. Chuttum stated that when
looking at demographics, one could see a large increase spike in population in
terms of per centage, although Hispanics and Latinos still represent less than
one per cent; and from a planning perspective, elements are identified in the
Williamson Road Plan and the City must be proactive to ensure that programs
and facilities are in place to address issues that may arise, as well as from a
fiscal planning standpoint, when dealing with some of the social factors. It was
also pointed out that the school system has seen a large increase in Spanish
speaking children, adding that over the past three years William Fleming High
School has enrolled approximately 115 students, mostly Spanish speaking.
t
The City Manager pointed out that the City has a Multi-Cultural
Committee that meets monthly, and a number of various nationalities within
City communities have graduated from the City's Leadership College. She
stated that the City continues to offer language classes for interested
employees, particularly in Spanish and Vietnamese, so that the City may be
responsive to the needs of its citizens.
DISCUSSION OF READER BOARDS
Vice-Chair Scholz stated that since the adoption of the new Zoning
Ordinance, reader boards are allowed in the CoG, INPUD and CLS Districts, and
concern has been expressed over the increasing number of reader boards,
mainly on Williamson Road, N. W., and Franklin Road, S. W., Melrose Avenue,
N. W., and Orange Avenue (parts of Route 460). He further stated that at a
recent planning session, Assistant City Attorney Steve Talevi advised that the
text on the reader boards could not be regulated because of the Dillon Rule.
The Planning Commission considered several options: i.e., removal of reader
boards from all zoning districts or certain districts, restricting size and
placements; and following discussion of the issue, voted unanimously to ,
recommend that City Council consider eliminating reader boards from the CG
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District, the size of the lots in the CG District, and to express the Commission's
concern over proliferation and possible undesirable results of a jumble of signs
in multiple colors, shapes and light intensities.
Mayor Harris stated that City Council had no objection to the Planning
Commission pursuing the matter, and suggested that the Planning Commission
report back to the Council with a recommendation.
Commission Member Manetta suggested that additional time be reserved
for future joint meetings between City Council and the Planning Commission so
that there will be sufficient time for discussion of matters of mutual interest.
Mayor Harris expressed appreciation to Gilbert E. Butler, Jr., for his many
years of service as a member of the Planning Commission, and congratulated
D. Kent Chrisman and Henry Scholz on their recent reappointments to the
Planning Commission.
On behalf of the Council, the Mayor expressed appreciation to Members
of the City Planning Commission for their service to the City of Roanoke.
There being no further business, at 1 :05 p.m., Chairman Rife declared the
meeting of the City Planning Commission adjourned.
At 1 :05 p.m., the Mayor declared the Council meeting in recess until
2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building.
(During the recessed meeting, City Council toured the Police Administrative
Office located at 345 Campbell Avenue, S. W.)
At 2:00 p.m., the Council meeting reconvened in the City Council
Chamber, with Mayor C. Nelson Harris presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff
(arrived late), and Mayor C. Nelson Harris ------------------------------------------------------7.
A BS E NT: Non e -- -------- -- - - - - - - - - ------ -- - - - - - ---- - - ------ - - -- ------ -- - - - - - - - -- ------ - - _n___ _n_ 0 .
The Mayor declared the existence of a quorum.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. ,
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
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.
MINUTES: Minutes of the regular meetings of Council held on Tuesday,
September 5, 2006 and Monday, September 18, 2006, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
41
Council Member Fitzpatrick moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Council Member Dowe and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 ------------------------------------------------------------------------------------------7.
NAYS: No ne _____________n_____________________________ -- -- - - -- - - - - --------------------------------0.
TAXES: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, November 20, 2006, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to the request of the
Refugee and Immigration Services of the Catholic Diocese of Richmond, a non-
stock, non-profit corporation, for tax exempt status of property located at 3719
Melrose Avenue, N. W., was before the body.
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Council Member Fitzpatrick moved that Council concur in the request.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s -- ----------------------------------------------------------------------------------------7 .
NAYS: No n e ----------------------------------------------------------------------------------------0.
TAXES: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, November 20, 2006, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to the request of the
DePaul Family Services, a non-stock, non-profit Virginia corporation, for tax
exempt status of property located at 4328 Pennsylvania Avenue, N. E., was
before the body.
Council Member Fitzpatrick moved that Council concur in the request.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 ------------------------------------------------------------------------------------------7.
NAYS: Non e ----------------------------------------------------------------------------------------0.
COMMITTEES-ROANOKE CIVIC CENTER-INDUSTRIES-TOWING ADVISORY
BOARD: The following report of qualification, was before Council:
Stan Smith and Greg Spangler for terms ending October 31, 2008;
and James Fazio for a term ending October 31, 2009, as members
of the Towing Advisory Board;
Thomas G. Powers as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2009; and
Dennis R. Cronk as a Director of the Industrial Development
Authority, for a term ending October 20, 2010.
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Council Member Fitzpatrick moved that the report of qualification be ,
received and filed. The motion was seconded by Council Member Dowe and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
and Mayo r H arri s ------------------------------------------------------------------------------------------7.
NAYS: Non e ---- - -- -- - - - - - - h__ -- - - ---- - - - - - - - - - - - - - -------- -- - - - - - - ------ -- - - - - - -- -- ---- -- - - - - - - - - - O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ENVIRONMENTAL POLICY-COUNCIL: Dr. Diana Christopulos, Coordinator,
Roanoke Valley Cool Cities Coalition, appeared and expressed appreciation to
the Council on its recent action regarding world climate change.
Dr. Christopoulous stated that the Coalition was established in August
2006, and has received an enthusiastic response from businesses, non profits
and community leaders; and its purpose is to advocate for local action to
reduce greenhouse gas emissions, both that occur in the community and those
that result from local use of electricity.
41
She further stated that the Coalition is pursuing this purpose because the
emissions are the principal cause of global climate change that, if not
controlled, is likely to dramatically and adversely affect the natural and human
environment of the earth; and one of the suggestions the Coalition made was
that the City of Roanoke join ICLEI, Local Governments for Sustainability
because ICLEI helps its· members measure their emissions and build an
emissions reduction plan.
She highlighted the following five ICLEI milestones:
1. Conduct a baseline emissions inventory and forecast.
2. Adopt an emissions reduction target. (This step is so important. It
is very much like budget targets - instead of saying, 'Well, let's
spend money more carefully," you set specific targets, and
everyone knows what they are and how we are doing.)
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3.
Develop a Local Action Plan, with strong public input and
involvement. (We think we can be very helpful here.)
4. Implement policies and measures.
5. Monitor and verify results.
She called attention to the use of three basic strategies, i.e.:
ENERGY EFFICIENCY - using technology to get more done with the same
amount of energy.
ENERGY CONSERVATION - finding ways to AVOID the use of energy.
CLEAN RENEWABLE ENERGY - using sources that minimize the burning of
fossil fuels.
She added that LED's (light-emitting diodes) offer similar savings in traffic
lights and exit signs, because they use much less energy and last 10 times as
long as existing lights.
Dr. Christopulos indicated that it will take a long time to see the results
of efforts to reduce greenhouse gas emissions in terms of global temperatures,
however some other benefits will be seen almost immediately: i.e., reduction in
the use of electricity produced from coal fired power plants will help reduce
pollution that causes or aggravates health problems, such as childhood asthma.
Dr. Christopulos remarked that at the international level, governments
could join the Kyoto Protocol, the 1997 International Treaty, whereby,
developed nations agreed to reduce their greenhouse gas emissions by up to
eight per cent below 1990 levels. In closing, she noted that all over the country
public officials are stepping up to take action on global climate change.
On behalf of the Council, the Mayor expressed appreciation to the
Coalition for its support.
432
SPORTS ACTIVITIES-ACTS OF ACKNOWLEDGEMENT-VIRGINIA AMATEUR
SPORTS/COMMONWEALTH GAMES: Peter Lampman, President, Virginia Amateur
Sports, Inc., expressed appreciation for the City of Roanoke's support of the
2006 Virginia Commonwealth Games, now officially known as the Coventry
Commonwealth Games of Virginia, which were held in the City of Roanoke on
July 20 - 22, 2006, and represent the 17'" anniversary of the Commonwealth
Games. He noted that the support of the Roanoke Valley also enhanced the
recent recognition of Virginia Amateur Sports being named the "2006 Roanoke
Regional Chamber of Commerce Small Business of the Year" in the Not-For
Profit Health and Human Services category. He advised that over the past 17
years, approximately 143,000 athletes have competed in the event which is
known throughout Virginia as Virginia Olympics. He also reviewed the
economic impact the 2006 Games had on the Roanoke Valley.
Mr. Lampman had previously presented a plaque in appreciation of the
support of the City of Roanoke to the City Manager. He provided Virginia
Commonwealth Games t-shirts to the Members of Council.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
LIBRARIES: The City Manager called upon Sheila Umberger, Director of
Libraries, for an announcement; whereupon, Ms. Umberger introduced Tommy
Waters as the Assistant Director of Libraries.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a written communication recommending acceptance of the Rescue
Squad Assistance Fund Grant, in the amount of $19,500.00, toward the
purchase of two additional 12-Lead EKG Defibrillators; and appropriation of
funds.
(For full text, see communication on file in the City Clerk's Office.)
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Vice-Mayor Trinkle offered the following resolution:
(#37601-110606) A RESOLUTION authorizing acceptance of the Rescue
Squad Assistance Fund Grant made to the City of Roanoke by the Virginia
Department of Health, Office of Emergency Medical. Services, and authorizing
execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 71, page 01.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 760 1-110606.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
and Mayo r H arri 5 _____________________n_________________________________________________________ ----------7 .
NA YS: No ne --------------------------- - - -----------------------------------------------------------0.
Council Member Dowe offered the following budget ordinance:
(#37602- J 10606) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant,
amending and reordaining certain sections of the 2006-2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 02.)
Council Member Dowe moved the adoption of Ordiannce No. 37602-
110606. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayor H arri s-------------------------------------------------------------------------------------------7 .
NAYS: Non e ----------------------------------------------------------------------------------------0.
434
INSURANCE-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Manager ,
submitted a written communication recommending authorization to match
healthcare flexible spending account contributions to provide an incentive for
participation by City employees.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37603-110606) A RESOLUTION relating to payment of matching
contribution of five dollars on behalf of any non-temporary employee of the City
who makes a contribution of an equal amount on his or her own behalf to a
Flexible Spending Account for health care costs.
(For full text of resolution, see Resolution Book No. 71, page 03.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7603-110606.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 _______.____________h_____________________________________h_________ --------------------7 .
NAYS: Non e _____._______________________________________00__.________0.____ ------------------------0.
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PURCHASE/SALE OF PROPERTY-CITY PROPERTY-STREETS AND ALLEYS: The
City Manager submitted a written communication recommending Amendment
of Ordinance No. 37503-080706 adopted on August 7, 2006, conveying City-
owned property located on Nelms Lanes, N. E., to L & L Development
Corporation, at no cost.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#37604-110606) AN ORDINANCE amending and reordaining Ordinance
No. 37503-080706; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 04.)
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Council Member Mason moved the adoption of Ordinance No. 37604-
110606. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s __________n__________________________________________________________________ ------------7 .
NAYS: No n e ----------------------------------------------------------------------------------------0.
TRAFFIC-LANDSCAPE: The City Manager submitted a
communication recommending endorsement of proposed landscape
connection with the Comprehensive Roadside Management Program.
written
plans in
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick· moved that Council concur in the
recommendation. The motion was seconded by Vice-Mayor Trinkle and
unanimously adopted.
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
written communication recommending execution of Amendment No. 1 to the
Performance Agreement between the City, IMD Investment Group, LLC, and the
Industrial Development Authority of the City of Roanoke.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37605-110606) AN ORDINANCE authorizing the proper City officials to
execute an amendment to a Performance Agreement dated November 18, 2004,
among the City of Roanoke (City), the Industrial Development Authority of the
City of Roanoke, Virginia, (IDA), and IMD Investment Group, LLC, (lMD), which
amendment will provide for certain time extensions concerning certain
obligations of IMD under such Performance Agreement; and dispensing with the
second reading by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 05.)
436
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37605-110606. ,
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayor H arri s ____________________nn_____________________________ -------------------------------------7 .
NAYS: Non e -------------------------------00-------------------------------------------------------0.
CITY ATTORNEY:
CITY CODE-CITY COUNCIL: The City Attorney submitted a written report
with regard to an amendment of the City Code to provide for the cancellation of
a Council meeting in the event that there are no items proposed for
consideration at such meeting.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37606-110606) AN ORDINANCE amending and reordaining Section
2-15, Rules of Procedure, of Chapter 2, Administration, Code of the City of
Roanoke (1979), as amended, by adding a new subsection (f); and dispensing
with the second reading by title of this ordinance.
41
(For full text of ordinance, see Ordinance Book No. 71, page 06.)
Council Member Dowe moved the adoption of Ordinance No. 37606-
110606. The motion was seconded by Council Member Fitzpatrick.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., questioned what provisions
were being made to avoid the need for Council actions if Council meetings are
cancelled. She also inquired about notification to citizens if a particular
meeting has been cancelled; whereupon, the City Attorney advised that the
proposed amendment would not change the Charter requirement that Council
conduct two regular meetings a month; that the above mentioned request
related to the 9:00 a.m. work sessions, which will provide a formal procedure
for canceling a meeting. Regarding advance notice, Mr. Hackworth advised that
the proposed ordinance requires that the City Clerk give as much notice of the
meeting cancellation as is practical which may only be during the agenda
preparation period when no items for a work session are discovered or when
there are no public hearings scheduled for the 7:00 p.m. sessions.
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There being no further comments by the Council, Ordinance No.3 7606-
110606 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
and Mayo r Harri 5 --------------- ---------------------------------------------------------------------------7 .
NAYS: Non e _______________________________________________________________h________---------------0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of September 2006.
Mr. Hall advised that in general, although the state is still experiencing a
reasonable level of growth, there is definitely a slowdown in economic growth
compared to the previous year, much of which is attributable to a slowdown in
the housing market; and although economists expressed concern over
moderating economic growth and inflation pressures, there are a number of
positive indicators, i.e.: oil prices have fallen to their low for the year, dropping
to the $60.00 per barrel range; unemployment rates as of August were
reasonable at 4.3 per cent, 3.2 per cent and 4.6 per cent, respectively, for
Roanoke, Virginia, and the nation; and the Dow recently reached a record close,
exceeding 12,000. However, the current level of sales was characterized as
more of a return to normal as opposed to the "bubble bursting"; he further
advised that similarly, single family housing sales in the City have decreased 16
per cent for the period from January - September 2006 compared to the same
period a year ago; and the Cigarette Tax increased from $.27 to $.54 per 20-
pack, effective July 1. 2006.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report would be
received and filed.
REPORTS OF COMMITTEES:
COMMITTEES-TECHNOLOGY ZONE-CITY CODE-INDUSTRIES-ECONOMIC
DEVELOPMENT: A written report from the Industrial Development Authority of
the City of Roanoke requesting that the name of the Authority be changed to
the Economic Development Authority of the City of Roanoke, was before the
Council.
(For full text, see report on file in the City Clerk's Office.)
438
Council Member Fitzpatrick offered the following ordinance:
(#37607-110606) AN ORDINANCE changing the name of the Industrial
Development Authority of the City of Roanoke, Virginia, to the Economic
Development Authority of the City of Roanoke, Virginia; and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 07.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37607-
110606. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 -----------n-----------------------------------------------------------------------------7.
NAYS: Non e ------------------------------.----------------.----------------.-----------------------0.
Council Member Fitzpatrick offered the following ordinance:
(#37608-110606) AN ORDINANCE amending and reordaining Section
32.1-8, Technoloov Zone Incentives, of Chapter 32.1, Technoloov Zone; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 08.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7608-
110606. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 -------------------00-------------------- ------------------------------------------- ------7 .
NAYS: Non e --------------------------------00---------------------- --------------------------------0.
UNFINISHED BUSINESS: NONE.
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INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Council Member Dowe
offered the following resolution designating himself as the Voting Delegate and
Mayor Harris as the Alternate Voting Delegate to attend the Annual Business
Meeting of the National League of Cities to be held on Saturday, December 9,
2006, in Reno, Nevada.
(#37609-110606) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Meeting of the National
League of Cities.
(For full text of resolution, see Resolution Book No. 71, page 09.)
Council Member Dowe moved the adoption of Resolution No. 37609-
110606. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s _________________________n____00________________ --------------------------------- --------7 .
NAYS: No n e ______________________00____________________ -----------------------00-------------------0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
POLICE DEPARTMENT-FIRE DEPARTMENT: Council Member Dowe
announced that he recently participated in an all night rideout with firefighters
at Fire Station No. 3 expressed his respect for public safety workers and
commended all public safety personnel on a job well done.
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.
440
CENTER IN THE SQUARE: Ms. Cheryl D. Facciani, 5836 Old Locke Court,
S. W., representing the Association of Children's Museums appeared before
Council seeking endorsement of a children's museum geared specifically
toward infants through age ten. She referred to a handout previously
distributed to Council and advised that the children's museum will be a fun,
hands-on, highly interactive gathering place for entire families, a great place to
come together to learn through exploration, experimentation, imagination, and
play in wholesome, non-commercial environment. She stated that Roanoke's
children's museum will be unique and different from all other museums in the
City due to the specific age group. She further stated discussion has been held
with Jim Sears, Center in the Square, and David Diaz of Downtown
Roanoke, Inc., and she is working with the Science Museum to fall under their
umbrella, but nothing has been finalized. She believes the museum will
stimulate economic development and promote downtown revitalization by
bringing families to the downtown area. She added that the committee will
begin fund raising on its own and will keep Council updated, but may return to
Council at a future date for assistance.
Council Member Fitzpatrick advised that as Executive Director of the
Virginia Transportation Museum, he would like to discuss the matter further
with her. He also urged Ms. Facciani to find a non-profit organization to
partner with, and wished her much success with her endeavor.
STREETS AND ALLEYS: Mr. Howard Russell, 2213 Roanoke Avenue, S. W.,
spoke with regard to an abandoned alley located between Bridge Street and the
2300 block of Russell Avenue, S. W. Mr. Russell urged the Council not to
reopen the small 40 foot section of the alley that has been abandoned for
approximately 30 years. The Mayor advised that the matter would be referred
to the City Manager for appropriate follow-ups with Mr. Russell, with copies of
responses to City Council.
GREENWAYS: Ms. Cyndi Hylton, 1135 Rockland Avenue, N. W., expressed
appreciation for support given to the greenways; and referred to a handout
presented to Council noting there was a ceremony in her neighborhood at Lick
Run whereby Council members were not present. She stated that support for
safety measures would be appreciated. She also expressed concerns about
sidewalks, and inquired if there was a policy to address the issue of the lack of
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441
sidewalks in certain areas in the City where children must walk to and from
school; whereupon, the Mayor advised that the City does have a policy
regarding maintenance of existing sidewalks or creation of new ones, and that
the matter would be referred to the City Manager for appropriate response.
Ms. Hylton also inquired if businesses in the downtown area would be able to
obtain a liquor license to sell wine; whereupon, the Mayor advised that there are
several regulations pertaining to the matter which are guided by the State. He
referred the matter to the City Manager for appropriate response.
PROCLAMATION-CELEBRATION: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., inquired about the full page proclamation that usually appears in The
Roanoke Times indicating October as Character Month. She questioned if the
celebration had been deserted because officials were not conducting
themselves according to principles they wished students would exhibit. She
read excerpts from various publications and statements concerning character,
and encouraged City Council to be mindful of said statements about character.
SCHOOLS-STADIUM: Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired
about the 19 businesses that were alluded to on Gainsboro Road by Council
Member Dowe, the status of the Patrick Henry High School stadium, and the
timeframe for construction of the William Fleming High School and stadium.
She advised that most citizens in each quadrant of the City were dissatisfied
with action taken by the majority of Council and City administration. She
encouraged Council to take an interest in the citizens and issues pertaining to
their communities.
CITY MANAGER COMMENTS:
SPECIAL EVENTS: The City Manager reported that the B. G. U. S.
Challenge World event was held in the Roanoke Valley in October 19 - 21,
2006. She noted that the event raised $600,000.00, $200,000.00 beyond its
$400,000.00 goal. She received correspondence which included positive
comments about the community, staff and friendliness of the citizens, and read
the following paragraph: "The unbeatable combination of dramatic scenery and
great hospitality leaves me in no doubt that we and the teams look forward to
returning to the Roanoke Valley."
Based on its success, the City Manager concluded that the City would
make a bid for the B. G. U. S. Challenge World to return to the Roanoke Valley.
442
There being no further business, the Mayor declared the Council meeting ,
adjourned at 3:10p.m.
APPROVED
ATTEST:
~7n.~
Stephanie M. Moon
Acting City Clerk
e~~~
Mayor
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ROANOKE CITY COUNCIL
November 20, 2006
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 20, 2006, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson
Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff (arrived late,), Alfred T.
Dowe, Jr., and Mayor C. Nelson Harris------------------------------------------------------------7.
A BS E NT: Non e ----- - ---00 -- -- - - - - -- -- --: ----- - -- -------------- - - -------- -00------- - -------- -00- -- -- O.
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 Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
DECEASED PERSONS: Council Member Dowe offered the following
resolution memorializing the late Charles M. Huffine, former City Engineer:
(#37610-112006) A RESOLUTION memorializing the late Charles Mann
Huffine, former City Engineer for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 71, page 12.)
444
Council Member Dowe moved the adoption of Resolution No. 37610- I
112006. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s----------------------------------------------.------------- -_____00_______________________7 .
NAYS: Non e - -.- -- - - ------------------ -- ---- -- - - ----- -- -- ------ -- - - _00___ -- - - - - - -- -. - - -- -- --- - -- -. - - - 0 .
The Mayor called for a moment of silence in memory of Mr. Huffine and
presented a ceremonial copy of the resolution to Mrs. Huffine.
CITIZEN OF THE YEAR: Council Member Fitzpatrick offered the following
resolution in recognition of Nancy Ruth Patterson as the 2006 Citizen of the
Year:
(#37611-112006) A RESOLUTION naming Nancy Ruth Patterson as
Roanoke's Citizen of the Year for the year 2006.
(For full text of resolution, see Resolution Book No. 71, page 13.)
Council Member Fitzpatrick moved the adoption of Ordinance 37611- I
112006. The motion was seconded by Council Member Mason and adopted by
the follOWing vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H a rr i 5 ------- ---- -- ----------- - --- -- - - -- ---- -- - -----.- - - -- --------.-------- -- - ------------- ---- - - 7 .
NAYS: Non e - -- - -- -- - - -------- -- -- - - -- - - - -. - - - - - - - ----- - - - - - - ---------- - ---------- ------ ------- --. - - -0 .
Ms. Patterson expressed sincere appreciation for the recognition, stating
that she's always believed teaching is one of the most important professions
and that the award means a great deal to her because it represents thousands
of students she has taught in different venues. Ms. Patterson noted that she
taught Mayor Harris and Council Member Dowe as well as the children of
Council Members Fitzpatrick and Wishneff.
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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 attention to three requests for closed
sessions.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 2, 2006, recessed until Tuesday, October 10, 2006; and Thursday,
October 19, 2006, recessed until Tuesday, October 24, 2006, were before
Council.
(See Minutes on file in the City Clerk's Office.)
Council Member Dowe moved that the minutes of the regular meetings of
Council be dispensed with and approved as recorded. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayor H arri s-------------------------------------------------------------------------------------------7.
NAYS: Non e - --- ----------- - -- - - - - - - - - -- -- -- --- - - ------ -- ---- -- ---- -- ______h - -- -- - - -------- - - -- -----0 .
AUDIT/FINANCIAL REPORTS: Minutes of the Audit Committee meeting
which was held on Monday, August 7, 2006, were before Council.
(For full text, see Audit Committee minutes on file in the City Clerk's Office.)
Council Member Dowe moved that the minutes of the Audit Committee
be received and filed. The motion was seconded by Council Member Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri 5 -------------------------------------------------------------------------------------------7 .
NAYS: Non e ---- - - ----------- - -- -- -- -- -- - - -- -- - ---- ----- - ----- - - --- -- - - -- ---.- n______ ------ -- ------- 0 .
446
COMMITTEES-CITY COUNCIL: A written communication from Mayor C. I
Nelson Harris requesting that Council convene in a Closed Meeting to discuss
vacancies on certain authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri 5 -.--------------------------------------------------------------------------------------- --7 .
NAYS: Non e - -----00---------------- ----. - -- -- - -- -- -- ------ ---- --- - -- - - - - -- - - - ------ -------- - - - - - - -- - 0 .
CITY CLERK-CITY COUNCIL: A written communication from Council
Member Alfred T. Dowe, Jr., Chair of the Personnel Committee, requesting that
Council convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
I
Council Member Dowe moved that Council concur in his request to
convene in Closed Meeting as abovedescribed. The motion was seconded by
Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
and Mayo r Harri s-------------------------------------------------------------------------------------------7.
NAYS: Non e --- - - - - - -- ---- - - - -----00 -- -- -- ------- -- ---- ---------------- -- - - - - - ---------- - - ---------- - O.
CITY COUNCIL: A written 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 City, pursuant to
Section 2.23711 (A)(3), Code of Virginia, as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
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447
Council Member Dowe moved that Council concur in the request of the
City Manager to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r Harri s -------------------------------------------------------------------------------------------7.
NAYS: Non e -- ----- - - - ---------- - - -- - - -- -- -- - ------ ---- - - ---- - - -- ------ - - ----- -- - - - - - - -- ---- n____ --- 0 .
COMMITTEES-HOUSING/AUTHORITY: A written communication from the
Acting City Clerk advising of the resignation of Gregory M. Cupka as a
Commissioner of the Roanoke Redevelopment and Housing Authority, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that the communication be received and
filed and the resignation be accepted. The motion was seconded by Council
Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s----------------------------------------------------------------------n-------------------7.
NAYS: No n e -------------------------------..-------------------------------------------------------0.
OATHS OF OFFICE-COMMiTTEES-TOWING ADVISORY BOARD: A report of
qualifications of Charles R. Brown, Allen Wood, and Robert R. Young for terms
ending October 31, 2007; Thomas W. Ruff for a term ending October 31, 2008;
and Thomas Mealey and Harold F. Wallick for terms ending October 31, 2009,
as members of the Towing Advisory Board, were before Council:
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Dowe moved that the report of qualifications be received
and filed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s----------------------'------n-------.-------------------________________n_____________--7.
NAYS: Non e --- ---- - - - -- - ------ -- -- n ------------- -- ------ -- - ----- - - -- -- ----------------------- -- ---0.
448
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S ATTORNEY: The
Commonwealth's Attorney submitted a written communication recommending
appropriation of Forfeited Criminal Assets funds to continue criminal law
enforcement efforts.
The City Manager also submitted a written communication concurring in
the abovementioned recommendation.
For full text, see communications on file in the City Clerk's Office.)
Council Member Dowe offered the following budget ordinance:
(#37612-112006) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Forfeited Criminal Assets Grant, amending
and reordaining certain sections of the 2006-2007 Grant Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 71, page 15.)
Council Member Dowe moved the adoption of Ordinance No. 37612-
112006. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri 5----------------------------n----n-----.------------------------------------·-----------·7 .
NAYS: Non e -.-- -- - - -- - - - - --- - - - -- -- ---- ---------- - - - - - -- -- - - ------------ - -------- - - - - ------ - ----- - - - 0 .
REPORTS OF OFFICERS:
BRIEFINGS:
PARKS CONSULTANT'S REPORT: The Mayor announced that a briefing
with regard to the Reserve Avenue and Master Plan Development Interim Report
would be held at the conclusion of the 2:00 p.m. Session in Room 159, first
floor, Noel C. Taylor Municipal Building.
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449
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
written communication recommending acceptance of the Safe Havens
Supervised Visitation and Safe Exchange Grant from the Department of Justice,
in the amount of $350,000.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37613-112006) A RESOLUTION authorizing acceptance of the Safe
Havens: Supervised Visitation and Safe Exchange Grant Program from the
Department of Justice, in the amount of $3 50,000.00, for a two year period, to
improve the variety and accessibility of supervised visitation and exchange
services for victims of domestic violence, sexual assault, and stalking and their
children; and authorizing the execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 71, page 16.)
Council Member Dowe moved the adoption of Resolution No. 37613-
112006. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri 5------------------------------------n-----------------------------------------------------7 .
NAYS: Non e ---- ------- ---- - - - -- - ----- --- - -- - -- - -----00---- -00-- --- -- ---- ---- - ---- - - --- - -- - ----- ---- -0.
Council Member Fitzpatrick offered the following budget ordinance:
(#37614-112006) AN ORDINANCE to appropriate funding from the
federal government for the Safe Havens Supervised Visitation and Safe
Exchange Grant, amending and reordaining certain sections of the 2006-2007
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 17.)
450
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7614- I
112006. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Fitzpatrick Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri 5------n--------------------------------------------------------------n----00------------- 7 .
NAYS: No n e--------------------------------------------------------------------------------------·--0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
written communication recommending acceptance of the Western Virginia
Workforce Development Board Workforce Investment Act funding for Program
Year 2006, in the amount of $518,013.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#37615-112006) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the FY07 Workforce Investment Act Grant,
amending and reordaining certain sections of the 2006-2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
I
(For full text of ordinance, see Ordinance Book No. 71, page 18.)
Council Member Mason moved the adoption of Ordinance No. 37615-
112006. The motion was seconded by Council Member Dowe.
In connection with the Western Virginia Workforce Development Board,
Council Member Lea inquired if Rob Glenn was instrumental in the decision
making process, and if he received any type of compensation for serving on the
Board; whereupon, the City Manager advised that Mr. Glenn serves as an ex-
officio member and is the immediate past president, and does not receive
compensation; however, she would verify the information with the Western
Virginia Workforce Development Board.
Council Member Wishneff inquired if Mr. Glenn had been awarded any
contracts as a result of his relationship with the Board; whereupon, the City
Manager advised that there is a prohibition against members being awarded
contracts from the Board.
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There being no further comments, Budget Ordinance NO.3 7615-112006
was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wish neff, Dowe
an d Mayo r H arri s ___________________________________________n________________________________________---00-7.
NAYS: Non e --- - -- -- -------- - - ---- - - -- ______h - - - -- U__h_ - - - -- -- ---------- -- - -- -------- - ----------- -0.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a written
communication recommending amendment of the City Code with regard to
methods and costs associated with handling illegal placement of bulk items and
brush piles in the public right-of-ways.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37616-112006) AN ORDINANCE amending and reordaining §14.1-3,
Litterino, of Article I, In General, of Chapter 14, Solid Waste Manaoement, Code
of the City of Roanoke (1979), as amended; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book, No. 71, page 20.)
Council Member Dowe moved the adoption of Ordinance No. 37616-
112006. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s---------- ---------------------------------------------------------------------------------7 .
NAYS: Non e ---- - ----------- ---- -- -------00- -- - - -- - - - ------ - - -- ----------.- -- -- - ------ -- ------- ----- -0.
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The City of
Roanoke Department of Social Services submitted a written communication
recommending authorization to continue the services of the Eligibility Worker
stationed at the Health Department; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
452
Council Member Dowe offered the following resolution:
I
(#37617-112006) A RESOLUTION authorizing the City Manager to
continue the services of the Eligibility Worker stationed at the Health
Department in accordance with the original Agreement among the Roanoke City
Department of Social Services, the State Health Department, and the Virginia
Department of Social Services, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 71, page 22.)
Council Member Dowe moved the adoption of Resolution No. 37617-
112006. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayor Harri 5------------------- -----------00-----------------------------------------------------------7.
NAYS: Non e - - ---- ---- -- - - -- ______n__ -- - - - - - - ----- -- -- - - - - - - -- -- - - - - -- -- --------------- u__ - - -- - -. - - 0 .
Council Member Fitzpatrick offered the following budget ordinance:
(#37618-112006) AN ORDINANCE to appropriate funding from the I
Commonwealth of Virginia and the federal government for the Medicaid
Eligibility Worker position, amending and reordaining certain sections of the
2006-2007 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book 71, page 23.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7618-
112006. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri S_____nn______._______________n___________________.__________________________--------00--7 .
NAYS: Non e ---- - - - - - - -- - ----- -- -- -- - - ---- - - - - - ---- - - -- --- -- - -.---- ------------- -- -- - - - - -- ----- ------ O.
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BUDGET-TREES-STATE HIGHWAYS: The City Manager submitted a written
communication recommending endorsement of two roadside landscape plans,
with certain indemnity provisions; acceptance of $20,000.00 from Lamar
Outdoor Advertising for landscaping work; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37619-112006) A RESOLUTION endorsing landscape plans prepared in
connection with the Comprehensive Roadside Management Program, waiving
the City's sovereign immunity under certain circumstances, and authorizing the
City Manager to execute any and all necessary and appropriate documents to
administer and implement such program.
(For full text of resolution, see Resolution Book No. 71, page 24.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7619-112006.
The motion was seconded by Council Member Fitzpatrick.
Council Member Dowe expressed appreciation to Lamar Outdoor
Advertising for its leadership with respect to supporting landscaping
opportunities along 1-581, and he encouraged other corporations to make the
same commitment.
There being no further comments, Resolution No. 37619-112006 was
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason; Trinkle, Wishneff, Dowe
an d Mayo r H arri s----------------------------------------------n---____n_______________________-----------7.
NAYS: Non e --- - - - - - - - ---------- ---- -- ------ - - --- - - -- -- -- -- -- 00------------ - ------ ------- - -- -- -- -----0 .
Council Member Dowe offered the following budget ordinance:
(#37620-112006) AN ORDINANCE to appropriate funding from Lamar
Outdoor Advertising for the VDOT Comprehensive Roadside Management
Program, amending and reordaining certain sections of the 2006-2007 Capital
Projects Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book 71, page 25.)
454
Council Member Dowe moved the adoption of Ordinance No. 37620- I
112006. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Wishneff, Trinkle, Dowe
and Mayo r H arri 5----------------------------------n-------------------------------------------------------7 .
NAYS: Non e --- - --- ------- - - ---- - - ----0000 -- --- - - - - -- -- -- -- - - - - - - - - ---- - - - - -- - -- -- - - - - - - -- ------ - - -- - 0 .
BUDGET-PARKS-WATER RESOURCES: The City Manager submitted a written
communication recommending appropriation and transfer of funds, in
connection with the Thrasher Park Stream Restoration Project.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following budget ordinance:
(#37621-112006) AN ORDINANCE to appropriate funding from the
Western Virginia Water Authority for the Thrasher Park Stream Restoration,
amending and reordaining certain sections of the 2006-2007 Capital Projects
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 26.)
I
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37621-112006.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Wishneff, Trinkle, Dowe
an d Mayo r Harri s -------------------------------------------------------------------------------------------7 .
NAYS: Non e ---- - - -. -- -------- -------- -- - - - --- ------- - -------.--00--- -- -------00---------- - - - - ---- -- - O.
REPORTS OF COMMITTEES:
COMMITTEES-LEGISLATION: Council Member Beverly T. Fitzpatrick, Chair,
Legislative Committee, presented the City of Roanoke's 2007 Legislative
Program, as follows:
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· Historic Districts. The City requests legislation to amend §36-99, Code
of Virginia, to authorize the City to require building permits for the
installation of replacement siding, roofing, and windows in buildings
within historic districts. This will benefit the City's historic
neighborhoods. Such improvements require a Certificate of
Appropriateness from the City Architectural Review Board, but not a
building permit, which sometimes creates confusion for property owners.
· Energy Efficiency. The City requests that enabling legislation be enacted
to authorize localities to provide for a real estate tax break for buildings
constructed using "green building" or "sustainable" designs, similar to
Leadership in Energy and Environmental Design (LEED) standards. With its
C2C Housing Program, the City has taken a lead in promoting such
designs.
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· Delinquent Parking Tickets. Section 46.2-752.), Code of Virginia,
authorizes localities to enter into an agreement with the Commissioner of
the Department of Motor Vehicles, whereby the Commissioner agrees to
refuse to issue or renew any vehicle registration for anyone who owes
that locality local vehicle license fees or delinquent tangible personal
property tax or parking citations. However, the provision relating to
parking citations only applies to citations issued to residents of such
locality. As a result, the City has difficulty collecting unpaid parking
citations issued to non-residents, mostly from nearby localities, 111 of
whom owed the City $245,849 as of October 2006. The limitation in
§46.2-752.5 to parking citations issued to residents of the locality should
be removed.
· Domestic Violence. The Roanoke Domestic Violence Task Force has
suggested several legislative ideas that would assist with preventing
domestic violence. These include:
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o Establishing mandatory sentencing guidelines that provide for a set
fine and incarceration for domestic violence offenses, with greater
penalties for repeat offenders (similar to provisions for first time
and repeat DUI offenders).
o Establishing a requirement that prosecution of any domestic
violence offense involving a knife or a gun be expedited.
o Amending §18.2-57.2, Code of Virginia, to mandate that a
magistrate issuing a warrant for a domestic violence offense also
issue an emergency protective order, without having to make a
finding that "there is a probable danger of further [such] acts", as
is currently required by § 18.2-5 7.2 and § 16. 1-25 3.4.
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o Adopting legislation requIring that domestic violence convictions
be included in the response to record queries made by the police I
through the Virginia Criminal Information Network (VClN).
(Currently the information provided only includes wanted subjects,
subjects with protective orders, and those with concealed weapon
permits.)
o Adopting enabling legislation authorizing localities to impose a fee
of $50.00 on those convicted of domestic violence and domestic
related offenses to help offset the expense of domestic violence
investigations and provide services to victims. This fee would be
separate from and in addition to any fine and/or costs otherwise
imposed by the courts.
Other Leaislative Priorities
· Support for Virginia First Cities Coalition Legislation. As a member
of Virginia First Cities, a group of 15 of the State's older cities,
Roanoke supports the broad legislative objectives of this coalition.
The State should realign its policies and funding formulas to reduce
disproportionate economic, fiscal and demographic stresses and
disparities on Virginia's fiscally stressed cities. The State should
actively promote conditions to encourage the economic health of cities
through employment, neighborhood redevelopment and revitalization
of commercial areas.
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Additionally, the City supports First Cities' efforts to:
· Appropriate additional funding for programs that improve the
educational attainment of at-risk students
o increase funds for existing at-risk programs
o increase the per pupil funding rate of the at-risk four year-old
program (VPI) in order to keep pace with inflation
o enhance teacher quality in at-risk schools
· Fully fund the SOQ and new positions
· Enact additional, reliable, dedicated Statewide transportation funds to
provide adequate funding to maintain and improve the State
transportation network
· Provide State funds sufficient to preserve, improve, and expand public
transportation
· Support policies that maximize transportation investments where
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infrastructure exists
· Preserve existing local eminent domain authority
· Increase Enterprise Zone funding
· Support Housing Commission legislation that benefits cities
o preserve local taxing authority
o provide appropriate taxing authority for localities
o increase public safety funding for overburdened localities
· Eminent Domain. The City opposes legislation that would further limit
local eminent domain authority, and notes that in the past ten years, the
City has acquired property after filing eminent domain proceedings only
five times. Two of these were for sewer easements, two for property for a
pedestrian walkway, and one was for a power line extension at Carvins
Cove.
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· State Support for Cultural Agencies and Activities. Institutions such as
Center in the Square and its constituent agencies--the Virginia Museum of
Transportation and the Commonwealth Games, all attract tourists to the
region and help support the economy. City Council is appreciative of the
legislature's partial funding of regional cultural institutions and regional
events in previous years. The State is encouraged to develop a policy that
ensures stable funding for these agencies. Additionally, a regional funding
mechanism is needed to provide a source of funding for environmental,
entertainment, and cultural assets. The City supports legislation that would
allow for the development of funding from regional resources for cultural,
historic, and recreation amenities such as a Blue Ridge Asset District.
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. Display of Disabled Parking Placards. Section 46.2-1242, Code of
Virginia, authorizes localities to establish fines for those who illegally
park in a duly designated parking space reserved for persons with
disabilities. This section provides that vehicles with removable
windshield placards issued to disabled drivers may park in such
designated spaces. The Police Department has had a problem with
drivers who have such placards, but either do not display them or display
them so that they are not completely visible when parking in such spaces
(some apparently try to conceal the expiration date). Section 46.2-1242
should. be amended to authorize localities to establish fines for such
offenses, which fines would be less than those for illegally parking in a
disabled parking space.
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. Antique Motor Vehicle Tags. The regulations pertaining to "antique I
motor vehicles" in §46.2-1 00, and §46.2-730, Code of Virginia, should be
amended and tightened up. Currently, the definition includes every
motor vehicle at least 25 years old "owned solely as a collector's item."
According to the Police Department, current laws which limit the use of
antique cars to occasional pleasure driving, unless the vehicle is
periodically inspected and has current license plates and decals, are
difficult to enforce. According to the Department, many owners drive
antique cars routinely, some of which are not roadworthy. Any additional
restrictions on the use of antique motor vehicles should exclude
transportation-related museums.
. Definition of Prostitution. The definition of "prostitution" in § 18.2-346,
Code of Virginia, should be amended. To convict someone of
prostitution, three elements of the crime must be established: an
agreement to perform a sex act, an agreement to exchange money or its
equivalent for such act, and then the performance of a "substantial act" in
furtherance of the crime. According to the Police Department, the
"substantial" requirement makes it difficult to convict those guilty of
prostitution. It is suggested that either this word be deleted, or replaced
with the word "intentional."
.. Service of Emergency Custody Orders. Section 37.2-808, Code of I
Virginia, requires that whenever a magistrate issues an emergency
custody order, that a locality's "primary law-enforcement agency" serve
the order, execute it, and provide transportation for the person being
taken into custody. The Police Department indicates that this places an
undue burden on the Department as it routinely takes from two to four
hours to execute an order and transport the person being taken into
custody. The Department proposes that the statue be amended to give
the magistrate the discretion to require either the Police Department or
the Sheriff's Department to do this, as was done in the past, when such
orders issued at the request of a citizen were taken care of by the
Sheriff's Department, while police-initiated orders were taken care of by
the Police Department.
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Streamline Local Budget Process. Section 15.2-2507, Code of Virginia,
requires localities to hold a public hearing whenever a locality's adopted
budget is being amended by more than 1 % or $500,000, whichever is the
lesser amount. The City requests an amendment to delete the $500,000
threshold, while keeping the 1 % or more increase public hearing
requirement.
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. Business license. Section 58.1-3700, Code of Virginia, authorizes
localities to adopt ordinances requiring that no business license be
issued to an applicant who is delinquent in the payment of certain taxes,
such as business license taxes, personal property taxes, etc. The statute
does not, however, prohibit a delinquent taxpayer from obtaining
licenses for new businesses (as opposed to renewing an existing business
license). It should be amended to prohibit this.
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. Civic Center Lighting. The City's Civic Center has a license from the
Alcoholic Beverage Control Board (ABC) to sell beer and wine to patrons
of events at the Civic Center. As a licensee, the City is subject to 3VAC 5-
50-70, promulgated by the ABC, which requires that the illumination of
the area where alcoholic beverages may be consumed at a licensee's
establishment be "such as to permit ready access and r"easonable
observation by law-enforcement officers and by special agents of the
board," and provides that the "interior lighting shall be sufficient to
permit ready discernment of the appearance and conduct of patron's in
all portions of such area." Although there are no objective standards in
this requirement, ABC agents require the Civic Center to keep lighting in
the arena at levels such that they can observe individuals from across the
arena. This causes problems for shows that perform at the Civic Center,
many of which have pre-programmed lighting appropriate for their
shows. The City has in the past been cited by the ABC for inadequate
lighting. The Civic Center requests that §4.1-111, Code of Virginia, be
amended to permit lights in such facilities to be turned off or dimmed for
periods of up to five minutes at anyone interval.
· Agents for Rental Units. Section 55-218.1, Code of Virginia, requires
property owners who own four or more units in the Commonwealth of
Virginia, but do not reside in the Commonwealth themselves, to maintain
an agent who is a resident of the State. It is difficult to serve summons
and other notices on property owners who do not live in the same
locality, delaying action to address blight. The General Assembly is
requested to amend this Code section to require that the property
owner's leasing agent or representative operate in the same locality as
the property or in an adjacent locality. The legislation could be limited to
apply only in those localities, such as Roanoke, which have a significant
percentage of houses that are rented. In 2000, only 52% of the housing
in the City was owner-occupied.
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· "Stupid Driver" Law. At least eleven states have enacted so-called I
"stupid driver" laws, pursuant to which motorists can be held financially
liable if they intentionally ignore warnings and drive into flooded
roadways, thereby causing their vehicle to become inoperable, and
requiring a water rescue. Such a law would help prevent such ill-advised
behavior, which often exposes rescue personnel to unnecessary risk and
danger. It should also include similar offenders who endanger others by
walking into or boating in flooded areas.
· Support for School Board Legislative Priorities. The City of Roanoke
supports the School Board Legislative Program in its entirety and
incorporates it into the City's Legislative Program.
Policv Positions
· Transportation (Including Mass Transit) Funding. Adequate funding,
especially that for mass transit, is critical to keeping Virginia's
transportation system viable. In addressing transportation needs, the
General Assembly should consider: adjusting fund sources such as the
motor fuels tax, to keep pace with inflation; imposing moderate increases
in State transportation-related taxes and fees; authorizing more options for
long-term financing for major projects; authorizing the creation of regional
transportation districts; seeking equity among various road users by
ensuring that trucks pay their proportionate share of road costs and
promoting mass transit solutions on a regional and Statewide basis.
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· Zoning Districts. Roanoke opposes any legislation that would restrict
present land use powers of local governments to establish, modify and
enforce zoning classifications. Local governments should remain free to
adopt and enforce zoning changes that address local land use needs. The
City opposes any legislation that would limit local government regulation of
historic zoning districts and its ability to accept proffered conditions in
rezonings that relate to building features and materials.
General Policv Considerations
· The Federal and State governments should recognize that local
governments are the best vehicles for the delivery of many services to the
public because local governments are closest to the people and the most
responsive. Roanoke remains concerned with the cumulative effect of
Federal and State legislative and regulatory mandates that have stressed
the serious financial problems of local governments. It is essential that the
State fully fund all State mandates, including public employee salaries. I
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· Roanoke is vitally concerned over the continued erosion of local revenue
sources. The General Assembly is urged to leave the taxing authority and
revenue sources of local governments alone. Additionally, the State should
pay a greater share of the costs of education and other essential services.
· City Council calls upon the Governor and the General Assembly to develop
an economic development strategy for the Commonwealth and its local
governments. The strategy should include special programs for those
areas west of the Blue Ridge Mountains and central cities across the
Commonwealth. Tourism and convention activities that enhance the
economic well being of the State and its political subdivisions should be
recognized as legitimate components of economic development.
.
Full Funding of the Standards of Quality (SOQ). Roanoke City Public
Schools (RCPS) support requiring the Standards of Quality to be
determined and prescribed every two years and obligating the
Commonwealth to fully fund the Standards of Quality. RCPS urges State
officials to determine, prescribe, and fund the Standards of Quality (SOQ)
on the basis of realistic and actual educational needs, practices, and
costs, and to include capital, operational, and maintenance costs for
school facilities and transportation.
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o RCPS supports efforts to review the Standards of Quality (SOQ) to
reflect the actual educational practices of local school divisions.
o RCPS supports efforts to change funding for elementary and
secondary education in the Commonwealth to reflect true costs
incurred by school divisions in meeting the requirements of the
Standards of Quality (SOQ), the Standards of Accreditation (SOA),
and the Standards of Learning (SOL).
o RCPS supports efforts to ensure that the funding formula reflects
currents costs to meet State requirements that have been added
since the formula was last revised.
o RCPS supports efforts to ensure that the funding formula reflects
educational practices that go beyond the requirements of the
Standards of Quality but are needed because they constitute best
practices that benefit all children.
o RCPS supports efforts to expand positions and funding under the
SOQ that reflect actual education practices in school divisions.
o RCPS supports efforts to close the disparity gap in funding between
wealthy and poor school divisions.
o RCPS supports the revision of the current transportation
reimbursement in Basic Aid to reflect the current cost of fuel.
o RCPS supports efforts to provide a regular funding source for the
provision and maintenance of transportation, technology, and
infrastructure in public schools.
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. School Construction, Maintenance and Debt Service. RCPS encourages I
the State to recognize the burden that school construction and debt
service costs place on local budgets. Accordingly, the State is urged to
provide localities with recurring money for school facility debt service, on
a per pupil basis, and in addition to the SOQ funding, and to establish a
permanent revenue source and formula for distributing school
construction and debt service funding to localities. In the alternative, the
State should increase the current level of school construction funding,
funding for the Literary Loan Program, and funding for the Virginia Public
School Authority Interest Rate Subsidy Program. These funds should be
protected from other uses or allocations.
o A program of State participation in school construction and
renovation projects should be implemented in addition to current
Literary Fund and VPSA programs, school construction grants, and
lottery proceeds programs.
o Sufficient funding should be provided for the Literary Loan Program
to meet construction requests within one year.
o The State should address the financial condition of the Literary
Fund and should balance the General Fund without using the
proceeds of the Literary Fund to balance the budget.
o The State should continue the VPSA subsidy sales until the Literary I
Fund is available to meet school construction needs.
o The Literary Fund should be available to all school divisions.
o The General Assembly should expand the ability of school divisions
to borrow through expanding the capacity of the VPSA.
o The State should share debt service as ongoing, unfunded
operational expenses.
o Debt service should not be part of the State-funding match.
o The State should fund construction and renovation costs associated
with State mandates (e.g. reduced class sizes, 4-year-old programs,
etc.).
. Teacher Salaries. RCPS urges the State to recognize the statewide
teacher shortage due to the tight labor market, the implementation of the
No Child Left Behind Act, and salary and personnel disparities. The State
is urged to provide full-year funding for teacher pay increases and to
provide creative programs and alternate routes to licensure, in order to
help attract and retain quality teachers.
o RCPS urges the General Assembly to provide full year funding for
teacher raises.
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School Safety. RCPS supports encouraging and facilitating a safe and
productive learning environment in all schools. RCPS urges the
continuation of grants and enhanced funding for school resource officers
and other school safety programs and initiatives.
· School Calendars. RCPS supports returning control of the public school
calendar to local school boards and supports local flexibility and control
over opening dates to allow local school boards to have time to provide
for required remediation and teacher training.
Council Member Fitzpatrick offered the following resolution:
(#37622-112006) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2007
Session of the General Assembly.
(For full text of resolution, see Resolution Book No. 71, page 27.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37622-
112006. The motion was seconded by Council Member Dowe.
Barbara Duerk, 2607 Rosalind Avenue, S. W., made the following
comments with regard to rail-with-trail projects:
· If the Roanoke Valley wished to increase the number of bicyclists and
pedestrians, it is imperative that a transportation infrastructure be
created for users.
· A successful system is the creation of trails along former and active
railroad corridors.
. Transit corridors connect people to jobs, schools and amenities, as well
as neighborhoods, communities and towns, and provide an oasis in urban
environments and safe locations for active recreation.
· The number of rail-with-trail projects is growing at an increasing rate and
that more and more communities are interested in building trails within
rail corridors:
o The railroad industry, local municipalities and trail planners have
raised some questions about the safety of the intersection of trails,
city streets and active rail lines, and specifically regarding at-grade
crossings.
o The intersection of rail lines and busy city streets is often
accommodated by the building of bridges and tunnels, and fencing
the intersection of rail lines with trails do not always warrant this,
and in some cases, the cost of building a bridge or tunnel would be
so great as to defeat the entire project.
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o Creating an at-grade crossing that is safe is complicated by limited
information about pedestrian/bicycle and train crashes, and the I
inaccessibility of Federal Railroad Administration (FRA) information
on crashes between trespassers and trains.
o It is encouraging to find that as the number of rail-with-trail
projects continues to grow, there still has not been a crash between
a bicyclist or pedestrian and a train.
o Questions of liability continue to arise, and railroad companies
have a right to be concerned about liability.
. Various techniques can be used to shield railroads from liability which
include land transfers, insisting on trail insurance or indemnification
agreements and knowledge of state recreational use statutes, which exist
in every state.
. Maine recently adopted an act that extends landowner liability protection
laws to railroad properties and rights-of-way, and has enacted the Maine
Rail with Trail Liability Amendment "an Act to clarify that certain Maine
landowner liability protection laws apply to certain railroad properties,
railroad rights·of-way and utility corridors".
She further commented that at this time, there is no proposed legislation,
but a non-profit organization is working to introduce legislation in the 2007
General Assembly, and inquired about the affect the proposed legislation would I
have on the Roanoke Valley, the Explore Park, greenways. and other intermodal
rail facilities.
Council Member Wishneff asked if it was too late to include an item
regarding rails with trails in the Legislative Program; whereupon, Council
Member Fitzpatrick stated that most of the trails referenced by Ms. Duerk were
located along unused railroad lines, and he was of the opinion that any
proposed legislation would not be passed by the 2007 General Assembly.
However, he welcomed the opportunity, at the appropriate time, to discuss the
matter further with State legislators and railroad representatives.
Vice-Mayor Trinkle stated that it was his understanding that there were
two pilot studies supported by grant funds potentially underway with regard to
said process, and because the issue was worth reviewing, he would be pleased
to pursue the matter further.
Council Member Lea expressed appreciation to the Council for its support
with regard to the domestic violence legislation; announced that he will submit
a report from the Domestic Violence Taskforce at the regular meeting of
Council on December 4, 2006 at 2:00 p.m.
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There being no further comments, Resolution No. 37622-112006 was
adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s------------------------n------------------______________n_______________________________7 .
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The Mayor announced that a joint meeting with the Roanoke City School
Board and State legislators would be held on Monday, December 4, 2006, at
12:00 p.m., in Room 159, first floor, Noel C. Taylor Municipal Building.
BONDS/BOND ISSUES-SCHOOLS: The Roanoke City School Board
submitted a written report requesting support of an application for issuance of
General Obligation Qualified Zone Academy Bonds (QZAB), in an aggregate
principal amount not to exceed $1,097,571.00, for the Patrick Henry High
School project, and that a public hearing be held on Monday, December 18,
2006, at 7:00 p.m., or as soon thereafter as the matter may be heard.
The Director of Finance also submitted a written report recommending
that Council concur in the request of the School Board.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37623-112006) A RESOLUTION authorizing the School Board for the
City of Roanoke to repair, rehabilitate or equip Patrick Henry High School and
authorizing the filing of an application with the Virginia Department of
Education seeking an allocation of authority to issue the City's general
obligation qualified zone academy bonds in an amount not to exceed
$1,097,571.00 to finance the Project.
(For full text of resolution, see Resolution Book No. 71, page 28.)
Council Member Dowe moved the adoption of Resolution No. 37623-
112006. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s -----------------___________00____________________00_______________________________________7 .
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The Executive Director of Fiscal Services introduced William Wingfield as I
the new Associate Superintendent for Operations for Roanoke City Public
Schools.
BUDGET-GRANTS-SCHOOLS: The Roanoke City School Board submitted a
communication recommending appropriation of funds to various grant
programs.
The Director of Finance also submitted a written report recommending
that Council concur in the request of the School Board.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37624-112006) AN ORDINANCE to appropriate funding from the
Commonwealth government to support various school grants and programs,
amending and reordaining certain sections of the 2006-2007 School Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
Council Member Fitzpatrick moved the adoption of Budget Ordinance No.
37624-112006. The motion was seconded by Vic-Mayor Trinkle and adopted
by the following vote:
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(For full text of ordinance, see Ordinance Book No. 71, page 30.)
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s----------------------n----------------------------------- --------------------------------7 .
NAYS: Non e - - ------ - - - - - - - - -- -- - - - - - - - - - - ----- -- - - - - -- ------ - - - - - - -- ---- - - - - - - - -- ------ -- -- - - - --- -- - O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
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SPECIAL PERMITS: Council Member Fitzpatrick inquired about the
oversight of City staff with regard to issuance of assembly permits, i.e., checks
and balances to ensure that organizations are abiding by the guidelines
imposed by the City.
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.
CITY CODE-YOUTH: Mr. Christopher Moore, Coach and coordinator for
the Roanoke Valley 4-H Shooting Education Program, a Virginia Tech 4-H
Cooperative Extension, requested that Council amend Section 21-81, Discharoe
of air oun. oravel shooter. pneumatic oun. etc., because their program activities
do not fit under either of the two exceptions listed in Section 21-81. He
requested that Section 21-81 be amended to allow youth and adult
competitions, fundraisers, and education programs within the City limits; to
allow members of the program to practice on private property while under the
direct supervision of an adult; and to add a subsection for a 4-H Civilian
Marksmanship Program and Olympic Committee. In addition, he requested that
Council grant an exemption for their program until the City Code could be
amended in order for program participants to continue practice, without
interruption for an upcoming competition.
Without objection, the Mayor referred the matter to the City Attorney and
City Manager for review and report back to Council.
CITY COUNCIL-AMPHITHEATERS: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., expressed concern with regard to the continuance of the City Manager's
Reserve Avenue briefing. She again suggested that better planning be utilized
when preparing the agendas so that citizens do not have to remain until the
conclusion of the meeting in order to be heard, adding that citizen comments
should be listed at the beginning of the agenda. She again urged Council to
reconsider its recent decision regarding the cancellation of a meeting if there
were no matters requiring any action, because citizens may have
comments/questions and therefore, she believes this would limit their ability to
express themselves to the Council.
CITY MARKET: Mr. Robert Craig, 701 12'h Street, S. W., spoke with regard
to the City Market improvements. He also urged Council to avoid the
appearance of any conflict of interest, advising that he is concerned about the
possible negative affect that the homeless people from the Market area would
have on guests at The Hotel Roanoke if they were relocated to the Pedestrian
Walkway. In addition, he called attention to a statement previously made by
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Council Member Fitzpatrick that he was not in favor of electing members to the
Roanoke City School Board because they have no way to raise funds, and asked I
how the School Board was able to repay or retire portions of the full faith and
credit bonds issued by the City of Roanoke in conjunction with the schools, and
whether it was a legal binding obligation for repayment. In closing, he
commented that he looked forward to a response to his inquiries.
CITY MANAGER COMMENTS:
The City Manager announced that she had attended a meeting of the
Virginia First Cities Coalition on November 17, 2006, in Richmond, Virginia,
whereby the Coalition acknowledged the passage of Amendment No. 3 and
recognized the City and its legislative program for its successful passage. She
further noted that she looks forward to the local adoption of the amendment.
At 3:05 p.m., the Mayor declared the meeting in recess to be immediately
reconvened for a briefing on the Reserve Avenue and Master Plan Development
Interim Report and two closed sessions, in Room 159, first floor, Noel C. Taylor
Municipal Building.
At 3: 15 p.m., the Council meeting reconvened in Room 159, first floor,
Noel C. Taylor Municipal Building, with all Members of Council in attendance,
with the exception of Mayor Harris who arrived late, Vice-Mayor Trinkle
presiding.
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PARKS-STADIUM-CONSULTANT REPORT: The City Manager advised that
the master planning for Reserve Avenue has been put on a fast track to coincide
as closely as possible with the receipt of the amphitheater analysis. She stated
that Leon Younger and PROS would provide a significant amount of information
based upon several meetings that had been held, and it was imperative that the
Council provides their thoughts so that Mr. Younger may use their collective
comments, along with comments from the focus groups, in order to return on
December 4 to present a formal recommendation regarding a master plan for
Reserve Avenue. She reminded Council of its commitment to create a master
plan for Reserve Avenue as quickly as possible. She stressed that even as the
plan is being formulated and showing concepts of how different pieces of the
land can be used, there are buildings sitting on pieces of the land, with
separate timelines for their removal obtaining based upon access to those
properties. In addition, she stated there will be a need for some capital financial
planning in concert with the Master Plan. She reiterated the importance of
Council adopting and announcing a long-range plan for the Reserve Avenue site
from a recreational and economic development standpoint, and that Mr.
Younger's contract and meetings were staged on the premise that a response
to Council's goal is time sensitive.
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The Vice-Mayor stated that Council will offer input on the presentation,
and in December, the final draft Master Plan to be presented will hopefully
include some timeline and budgetary considerations, and thereafter Council can
approve the Master Plan, parts of it, or none of it.
Council Member Wishneff inquired about the status of the amphitheater
study; whereupon, the City Manager advised that Council had received a verbal
briefing and a copy of the final report will be forwarded in advance of the
December 4 work session. She reminded Council that the report was a demand
analysis, which was not cost or site specific, and if Council desires to proceed
with an amphitheater, there are other elements that the staff needs direction
on.
The Vice-Mayor stated that he was of the opinion that the needs
assessment summary relative to the amphitheater was fairly clear, the
consultants had recommended a certain cost based on 20 or so events, and
additional details will be provided in the report. The City Manager advised that
she assumed Council did not want to make a decision until it had both, the
results of the amphitheater study and the consultant's work on the Reserve
Avenue site; in order to collectively make some decisions to provide staff
direction on either additional information desired, or how to proceed with
regard to a site for an amphitheater.
Mr. Younger explained that his work was in four segments: gather input
. from the community through focus groups and two public forums; gather input
from a design charrette which resulted in four schemes and different concepts
to be considered by Council; presentation and input from Council; and the final
plan. He introduced Ben Johnson, Virginia Tech, and David Hill, Hill Studios,
both of whom have been working on the project. Mr. Younger briefed the
Council regarding the Reserve Avenue and Master Plan Development:
Citv of Roanoke's Master Plan Update
Summary:
· The City of Roanoke hired PROS Consulting to update the Parks and
Recreation Comprehensive Master Plan. As part of the City or Roanoke
Master Plan Development, PROS Consulting was to develop the Master
Plan for Reserve Avenue/Rivers Edge Park. The goal and outcome desired
was to seek community input into the program and design of the park. As
part of the scope of work:
. A community forum was conducted to seek citizen input into
how the park was viewed as well as future development. .
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. The community forum/workshop was held at the Civic Center
where 55 people attended.
. Six focus groups tables were developed with a facilitator at each
table. Each table addressed five questions. The questions were
developed by the City and PROS Consulting and they focused on
their vision for the park as it applies to the program, use, and
outcomes desired for the park and the needs of the citizens of
the City of Roanoke.
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Five questions to the focus groups
· What do you want the park to be known for?
· What design elements work well in the present park design and what
elements do not work?
· Who are the primary users and are all the age segments represented in
the park?
· Are there set design place-making principles in place to manage
toward that create variety and choice for users? From the discussions
gained from your focus group, what new park amenities need to be
added to the park? Please list and prioritize.
Four (4) themes that emerged from the community forum
· Family recreation/entertainment
· Sports park
· Outdoor adventure/natural resource
· Art and health
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The Desired Principles from the Community Forums
· develop a mix of passive and active space
· design for a 2-3 hour experience
· design to connect with trails, downtown, and Mill Mountain
· design to make the river an attraction
· design to be a world class park
· design to serve its neighbors and the community
· design to create several activity zones
· design to make the park the destination park in the City or the City's
central park
· design for arts, entertainment, music, retail, food and corporate within
a park setting
· design to allow people to access the river
· design for people of all age segments that will be family focused
· design to create a "wow" factor
· design to create economic impact
· design to create a park that can support itself financially I
· design for year-round use and for an all day experience
· design to allows streets to be closed for festivals
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· design to bring the Bio-med Corporate Park, Clinic and Hospital into
the park as not to separate them from it
· design for walkers, runners, and bicycle use
· design to encourage the growth of the natural habitat and the existing
resources on site
· design for people with disabilities
· design to create educational opportunities
· design to attract young professionals to the City of Roanoke
· design to create safe lighting and appropriate use all hours of the day
· design to create adequate and efficient parking
· design to create an up-beat positive image through the investment in
greenways and landscapes
· design to allow for multi-use for all aspects for the park
· design to be the community's gathering place or its "central park"
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The Next Step: Design Charrette
· From the community forum, the City invited a variety of leaders,
recreation specialist, activists, and users to design a charrette that was
held on November 3, 2006. The design charrette focused on the
design principals and themes that were created in the public workshop
to create a program plan for each theme that could be converted into
a master plan.
· Each group was given an overview of the park, the comments from the
community forum and a vision presentation on design principles that
were based on the "power of ten" concept. "The power of ten" concept
focuses on ten experiences that support the recreation needs of a
variety of users that will result in a destination park.
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Theme: Outdoor Adventure and Natural Resource Development
· This work group focused on program experiences that connect people
to nature. Activities desired to be conducted or available in the park
included:
· tubing/rafting/kayaking
· bike, jogging, and walking trails on both sides of the river
· gondola to Mill Mountain
· all passive recreation
· splash park
· riverfront activities and special events site
· fishing
· climbing wall
· temporary/flexible amphitheater
· mountain bike technical challenge course
· vendor carts space
· Indian history focus
· native art exhibits and permanent art throughout the park
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· native plant gardens
Suggested Key Park Design Features and Principles I
· connectivity to Crystal Spring Park via natural trail up to Mill Mountain
· perimeter trail and greenway berm trail
· park is able to accommodate three levels of users
· local
· neighborhood
· regional
· no additional athletic fields
· water as the central feature
· Graves-Humphries converted into fitness center
· ability to close Reserve Avenue for special events
· make Wiley Drive one-way
· reform terrain and make some hills in the park
· provide land leases for restaurants, cafés, bookstores, or brewing
company overlooking the park
· LEED certified buildings
· establish riparian vegetation
Theme: Sports Park
· This focus group spotlighted on program experiences that connect I
people to sports related activities that included the following:
· central multi-sports complex for local, regional, and national
competitions with all weather fields
· competitive swim facility that would be indoor
· retail operations that support athletic type businesses, as well as
indoor and outdoor sports, and a casual dining restaurant
· miniature golf
· extreme sports venue that has a focus on the river
· family aquatic park
· outdoor tennis courts
· basketball courts, both indoor and outdoor
· skate park
· passive recreation activities that connect people to the river and the
City, such as walking, biking, running, skating, canoeing, and fly-
fishing
· environmental program offered onsite
· picnic areas
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Suggested Key Park Design Features and Principles
· connections via trails for a river walk experience that will include
connections to Mill Mountain for biking and kayaking
· design for economic development through the sports park that would
cover operational costs, which may include:
· retai I
· restaurant leases
· year-round restrooms
· family playground
· passive and active sports related experiences
· wide-age segment appeal
· year-round use
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Theme: Family Entertainment and Recreation
· The focus group focused on program experiences. The experiences
would include the following: "
· amphitheater using the armory as a stage house
· climbing wall that is both indoor and outdoor
· kids playground
· fishing
· dragon boat festivals on the river
· arboretum
· skate park using the berm
· special event area for outdoor exhibits
· a "World Class Village" concept
· restaurants for a variety of food types
· recreation center with indoor swimming
· year round sports that use existing amenities which include the
temporary soccer fields
Suggested Key Park Design Features and Principles
· acquiring life net property
· year round restrooms
· shared parking with Bio-med Center
· better pedestrian circulation both North and South
· connect with bike trail downtown
· additional access to the river
· trolley car loop to downtown garages
· Wiley Drive made one-way
· green infrastructure concept
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Theme: Art and Health I
· The focus groups focused on program experiences that centered on
art and health in the City of Roanoke. These experiences included:
· a hub park for greenways in the Roanoke Valley
· trail head with showers
· have a cultural center on site
· art cu ltu ral trai I
· jogging, walking and biking
· health/mediation gardens
· canoeing, fishing, and kayaking
· pet/dog area
· splash pad onsite
· outdoor mall to draw people of all ages with restaurants
· skate park
· fitness center
· sports fields that include all weather fields
· art amphitheater to promote music and the performing arts
· special event area
Suggested Key Park Design Features and Principles
· a park of two parks that would include one side for sports and fitness
and the other for art entertainment, special events, and music
· art trail in the theme of diversity/sister cities
· accessibility for people of all ages
· green theme with permeable pavement, shade, rain gardens, and
educational tools
· resting points for people using the greenways
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Council Member Fitzpatrick questioned whether the playground facilities
were included, whereupon, Mr. Younger responded in the affirmative. Council
Member Fitzpatrick noted that the City's current challenge is with the lack of
fields, and the City will need assistance if a regional park is constructed, and
furthermore, the City should have an alternate plan to meet the current need
for athletic fields.
The Director of Parks and Recreation mentioned that a synthetic
alternative at the River's Edge Sports Complex would provide additional use and
playability, and he added that the Parks and Recreation staff is currently
working with a soccer organization to submit a grant request for East Gate
Park, which was identified in the Parks and Recreation Comprehensive Master
Plan as a site for four or five fields, and a deadline for submittal of
November 22.
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475
Council Member Wishneff reminded Council of the need to protect the
downtown area, stating that the Reserve Avenue site was unique and different
because of the water element, and would be most be appealing if the area is
developed as a regional park.
The City Manager agreed with Council Member Wishneff that caution is
necessary concerning the downtown area, particularly the arts, and stated that
there needs to be a physical connection between downtown and the
development of the Reserve Avenue corridor.
Mr. Johnson noted certain principles used in terms of all four alternatives,
advising that the consultants considered the issue of preserving the quality and
integrity of the downtown area while connecting Jefferson Street through
greenway spaces to the proposed Reserve Avenue Park area. He further advised
that although everything could not be tied into the Reserve Avenue site, but
could be alluded to it, thereby creating something very powerful. He
emphasized that nothing will be created to take away from the downtown
redevelopment activities, but rather to reinforce them which would increase the
viability of the downtown and become the signature that brings people to
Roanoke.
Council Member Dowe was of the opinion that the success of the Reserve
Avenue Park is key to the corporate community, and he inquired about the
demographics of participation by the young people present at the charrette. He
suggested that because Roanoke is an older community, there must be some
type of aesthetic appeal to attract the younger population. Concluding, he
requested feedback regarding ways to involve the corporate community in
supporting the park.
Council Member Mason advised of her enchantment with the concept that
involved the use of the river, and questioned how the conceptual design would
tie in with the flood reduction project, and the type of chute to be created;
whereupon, Mr. Johnson advised that the river will be used to create rapids in
order to experience whitewater kayaking since there are limitations with using
the river. He indicated that the facility would start about 10 - 15 feet higher
than the river and work its way downward, principally for kayak training; and
the water source could come from the river, from processed water used for
heating and cooling the buildings, and would be recycled in some fashion. Mr.
Johnson added that the water would be pumped upward to the upper basin
where people would get in the boat, ride through a rapids area with several
types of sweeps and down through the chute. He further commented that with
proper lighting, the faCility could be used day or night and would also be an
observation feature as well as an activity feature.
476
Vice-Mayor Trinkle noted that the stretch of land on Reserve Avenue
presents a unique opportunity to develop something that could define the City
for years to come, and inquired about meeting the "highest and best use";
whereupon, Mr. Younger advised that once Council decides on a concept, he
will create a cost benefit analysis; and thereafter, Council will narrow down the
elements, and the consultants will create a capital cost, an operational cost, and
an earned income strategy to finance the project, which could be tied into a
timeline.
I
Vice·Mayor Trinkle noted that there was discussion regarding temporary
amphitheater use and requested clarification on a temporary facility;
whereupon, Mr. Younger explained that there would be six - seven major
events, typically two-day events, that would be music driven since Roanoke is
known for its music, adding that it is important that there be enough power
available to run generators and supported resources available. Since he had
reviewed the information on the amphitheater, Mr. Younger commented that
the two biggest issues that it would take to make a permanent facility work was
parking and access off the interstate; and if a well designed temporary staging
facility is built, he emphasized that the space would need to be used in a more
flexible manner for other purposes in order to support the needs of the
community.
The Vice-Mayor concluded that he was excited about the multi-use
aspect, and that he prefers concepts one and three or a combination thereof.
I
Council Member Lea inquired if the presentation was representative of
the entire community; whereupon, Mr. Buschor responded in the affirmative,
noting mainly the vision sessions, and advising that the community was very
proactive and comprehensive in their thinking, well beyond the traditional
playground areas for the Reserve Avenue Park.
Council Member Fitzpatrick also expressed his concern about the
downtown area advising that there must be an understanding about the impact
the Reserve Avenue project could have on downtown Roanoke, advising that he
favored concept one because it was different and did not compete with
downtown Roanoke. He stated that another issue involving the connection
from downtown to Reserve Avenue would be parking since there will never be
enough parking available to handle the volume that the Reserve Avenue Park
has the potential to create. Furthermore he noted that Roanoke was one of five
cities studying light rail and is ahead in terms of vision for a street car; an
economic development opportunity is available by connecting downtown, the
Jefferson College of Health Sciences, Carilion, etc., to the Reserve Avenue
development, once developed will help pay for the park. He acknowledged that
there has been support for putting the incline back up to Mill Mountain, and I
encouraged that said option be seriously considered. Since Mill Mountain is the
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477
most under utilized asset in the community, and if promoted correctly with
good access, he was of the opinion that it could have an amazing affect on the
economy and development of the entire area. He stated that the proposed
development was an exciting idea, the water element would absolutely make it
a success, and the City has an opportunity to create a first class regional park
that could change Roanoke for all times.
Mr. Younger pointed out that the citizens recognize Mill Mountain as the
signature park, but they also realized the importance of downtown for its
economic impact; and the bridges on the Jefferson Street corridor are
spectacular which will be important to make the connection.
The Mayor reiterated that the Council's purpose is to receive the
information, offer an initial response, and continue to give feedback to the City
Manager and one another. He suggested that at the December 4, meeting,
Council begin to synthesize and focus on the direction it wants to take relative
to Reserve Avenue. He stated that although the question of affordability arises,
and it is important to bear in mind as the process proceeds, that it is not just
what Council likes, but what the City realistically can afford in terms of creating
and maintaining year after year. He confirmed the issue of connecting the
Reserve Avenue space to downtown and to Mill Mountain with some kind of
transportation. He noted the lack of sports fields in the area, and stressed that
the basic pragmatic need for the fields must be addressed, and financial
resources are in place to address the issue. He mentioned that while most of
the development ideas are good and exciting, children still needed to have
fields to play football, soccer, etc., and people do not want sub par fields
provided. He stated that the City's Parks and Recreation programs and facilities
integrate and move people around in the community. He concurred in all the
concepts, but in his opinion, the outdoor adventure natural resource feature
takes more advantage of the river as a natural resource, amenity and
recreational element, and makes the Reserve Avenue property so unique. He
commended Mr. Younger and his organization on a job well done, and stated
that whatever Council decides not to do along Reserve Avenue, could perhaps
be done elsewhere.
The City Manager stated that it appears the consensus of Council is
Concept No.1, which makes the best use of the river, and her goal is to present
a revised plan to Council at its December 4 meeting, if possible. She suggested
that Council forward additional comments to her or Mr. Buschor by Wednesday,
November 22. She concluded that Mr. Younger would be present on
December 4 to provide feedback and to receive any additional comments from
Council. She advised that hard copies of the slide presentation would be
provided to Council, along with final copies of the amphitheater study.
478
At 4:40 p.m., the Mayor declared the meeting in recess for two closed
sessions.
I
At 5:45 p.m., the Council meeting reconvened, in Room 159, with all
Members of Council in attendance, Mayor Harris presiding.
COUNCIL: With respect to the Closed Session just concluded, Council
Member Fitzpatrick moved that each Member of City Council certify to the best
of his or her knowledge that: (l) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters 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 Trinkle
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s_____u__u______uu_uu_u_uuu____uuuunnuuuu___uu_uuu___u00000000____7.
NAYS: Non e --00-- 00 0000 - - - - 0000 uun __ n _.__ - 0000 0000 uu__nu_.uu - - - - 00 - - -00 _U__h.hUU - - - - - 0 .
OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY' RESOURCE
AUTHORITY: The Mayor called attention to the expiration of term of office of
Robert K. Bengston as a City Representative to the Roanoke Valley Resource
Authority, for a term ending December 31, 2006; whereupon, he opened the
floor for nominations to fill the vacancy:
I
The name of Robert K. Bengston was placed in nomination.
There being no further nominations, Mr. Bengston was reappointed as a
City representative to the Roanoke Valley Resource Authority, for a term ending
December 31, 2010.
FOR MR. BENGSTON: Council 'Members Fitzpatrick, Lea, Mason, Trinkle,
Wi sh neff, Dowe and Mayor Harrisu__u____umum_____mmmm__.mu_mmmn_____mu7.
OATHS OF OFFiCE-COMMiTTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE:
The Mayor called attention to the expiration of term of office of Sheri Bernath
as a City representative to the Blue Ridge Behavioral Healthcare, Board of
Directors, for a term ending December 31, 2006; whereupon, he opened the
floor for nominations to fill the vacancy:
The name of Sheri Bernath was placed in nomination.
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479
There being no further nominations, Ms. Bernath was reappointed as a
City representative to the Blue Ridge Behavioral Healthcare, Board of Directors,
for a term ending December 31, 2009.
FOR MS. BERNATH: Council Members Fitzpatrick, Lea, Mason, Trinkle,
Wish neff, Dowe and Mayor Harrismmhnmummummuuu_muumu__mmum__nu7.
OATHS OF OFFICE-COMMITTEES- PLANNING: The Mayor advised of the
ineligibility of Gilbert E. Butler, Jr., to serve another term as a member of the
City Planning Commission inasmuch as he has completed three consecutive
terms of office, therefore, he called for nominations to fill the vacancy which
will expire on December 31, 2006.
The name of Angela S. Penn was placed in nomination.
There being no further nominations, Ms. Penn was appointed as a
member of the City Planning Commission for a term commencing on January 1,
2007 and ending December 31, 2009.
FOR MS. PENN: Council Members Fitzpatrick, Lea, Mason, Trinkle,
Wish neff, Dowe and Mayor Harris-m-----ummm--mumhnmmu__mumuh.mmm_7.
At 5:47 p.m., the Mayor declared the meeting in recess to be reconvened
at 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W.
At 7:00 p.m., on Monday, November 20, 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 Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr.,
and Mayor C. Ne Ison Harrish-mmmu.--mm-h-_.mm_mum_nmumum_m_mumu.7.
A BS EN T: Non e - - 00 - - - -00 no 0000.. - - 00 00 - - 00 __ - 00 00 -0000. - - - - - - - _'. - _0000_.00 00- - - - - 0000 no - m 0000- 0 .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
480
The Pledge of Allegiance to the Flag of the United States of America was I
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
FIRE DEPARTMENT: The Mayor recognized the following recipients of the
Second Annual Fire Prevention Week Art Contest:
Elementary School
1 st Place: Miguel Muse-Poston, 3rd Grader at Roanoke Academy
for Math & Science (RAMS)
2nd Place: Daniella Alexander, 5th Grader at Hurt Park Elementary
3rd Place: Malaysia Andrews, 1 st Grader at Roanoke Academy for
Math & Science (RAMS)
3rd Place: Alexander Lemus, 4th Grader at Fallon Park Elementary
4th Place: Olivia Earles, 5th Grader at Huff Lane Elementary
5th Place (Honorable Mention): ShaQuasia Logan, 3rd Grader at
Forest Park Elementary
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6th Place (Honorable Mention): Zaria Mayo, Kindergartener at Hurt
Park Elementary
Middle School
1 st Place: Chaunte LePage, 7th Grader at Breckinridge Middle
School
2nd Place: Michael King, 7th Grader at Breckinridge Middle School
Hioh School
1 st Place: Chelsea Steele, 10th Grader at Patrick Henry High School
2nd Place: Ellen Dreshar, 9th Grader at Patrick Henry High School
3rd Place: Adam Washington, 10th grader at Roanoke Technical
Education Center
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481
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the Acting City Clerk having advertised a
public hearing for Monday, November 20, 2006, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Akzo Nobel Coatings,
Inc., to permanently vacate, discontinue and close a portion of the 2800 block
of Roanoke Avenue, S. W., beginning at the eastern property line of Official Tax
NO.1 510407, and continuing west to its terminus at the Norfolk Southern right-
of-way; to permanently vacate, discontinue and close a portion of Burks Street,
S. W., beginning at Roanoke Avenue and continuing south to the northern edge
of Berkeley Avenue, S. W.; and repealing Ordinance No. 36461-081803
permanently closing, by barricade, a portion of Roanoke Avenue, S. W., adjacent
to Burks Street, continuing back to the Norfolk and Southern right-of-way, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, November 4, 2006, and on Saturday, November 11, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
TheCity Planning Commission submitted a written report recommending
approval of the request to vacate certain portions of Roanoke Avenue and Burks
Street, S. E., subject to the following proffered conditions:
That Ordinance No. 26461-081803, adopted by City Council on
August 18, 2003, which closed by barricade a portion of Roanoke
Avenue, be repealed.
The petitioner shall construct to all applicable City standards an
improved right-of-way between Roanoke Avenue S. W. and Berkley
Avenue S. W. The improvements shall consist of a paved street
meeting the minimum width requirements of the City's subdivision
ordinance. Improvements shall also include curb, gutter, six feet
wide planting strip and five feet wide sidewalk on each side of the
pavement. A minimum six inch space between the edge of right-of-
way and the sidewalk on each side of the new street shall be
provided. In accordance with the Norwich Neighborhood Plan,
large deciduous trees, as defined by Section 36.2-642 (General
Landscaping and Screening Standards), Zoning of the Code of the
City of Roanoke (1979), as amended, shall be planted within the six
foot planting strip at 35 feet intervals on center.
482
The petitioner shall maintain the existing vegetated buffer between
its operations and the Berkley Avenue, S. W., right-of-way as a
buffer and will provide a fence on the interior edge (northern side)
of the buffer to address the facility's security concerns.
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Petitioner shall provide a fire hydrant at the intersection of Burks
Avenue, S. W., and Berkley Avenue, S. W., and shall coordinate
installation of said hydrant with the Western Virginia Water
Authority and City of Roanoke Fire - EMS Department.
The petitioner shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record
the plat with the Clerk of the Circuit Court for the City of Roanoke.
Such plat shall combine all properties which would otherwise
dispose of the land within the right-of-way to be vacated in a
manner consistent with law, dedicate additional right-of-way as
identified in the second proffered condition, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress.
Upon meeting all other conditions to the granting of the
application, the petitioner shall deliver a certified copy of this
ordinance for recordation to the Clerk of the Circuit Court of
Roanoke, Virginia, 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. The petitioner shall pay such fees and charges as are
required by the Clerk to effect such recordation.
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Upon recording a certified copy of this ordinance with the Clerk of
the Circuit Court of the City of Roanoke, Virginia, the petitioner
shall file with the Engineer for the City of Roanoke, Virginia, the
Clerk's receipt, demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of two
years 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.
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The Planning Commission further recommended that petitioner not be
charged for the acquired property, provided that the petitioner constructs and
dedicates to the City a right-of-way that will connect Roanoke Avenue, S. W., to
Berkeley Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37625-112006) AN ORDINANCE repealing Ordinance No. 36461-
081803 and permanently vacating, discontinuing and closing portions of two
public rights-of-way in the City of Roanoke, as more particularly described
hereinafter; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 32.)
Council Member Dowe moved the adoption of Ordinance No. 37625-
112006. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the street closure. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 762 5-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri S-n-nu-.uuu_u_u___uuumun_uu_um__n___n_uu__nn__uuu__.h_m-00--7 .
NAYS: Non e __nn 00 - - - 00---- - -- -0000- 00 00 00-- - - - 000000 - - -.-0000- 0000 ---00000000 00 00 - _ __ __00 00 _n.__ -0.
484
ZONING: Pursuant to Resolution 25523 adopted by Council on April 6, I
1981, the Acting City Clerk having advertised a public hearing for Monday,
November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of L & M Properties, LLC, to rezone a portion of Official
Tax No. 3130301, 728 Wertz Road, N. E., from 1-1, Light Industrial District,
(Conditional), to RM-l , Residential Mixed Density D¡'strict, and to repeal existing
conditions on the portion of the subject property to allow the return of a
portion of the subject property to its original use as a residential dwelling, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, November 4, 2006, and on Saturday, November 11, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending
approval of the rezoning request and repealing the proffered conditions given
the potential for retaining and utilizing a viable residential structure.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
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(#37626-112006) AN ORDINANCE to amend §36.2-1 00, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by repealing Ordinance No.
36488-091503, to the extent that it placed certain conditions on a portion of
Official Tax No. 3130301; and rezoning certain property within the City, from
1-1, Light Industrial District, to RM-l, Residential Mixed-Density District; and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 71, page 35.)
Council Member Dowe moved the adoption of Ordinance No. 37626-
112006. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the rezoning. There being none, he declared the
public hearing closed.
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There being no questions or comments by Council Members, Ordinance
No.3 7626-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayor H arri Su_un____u____uuu_u__n__n_nn_u__uuuunu__nn_uuu___n_u_u__00__00_007.
NAYS: Non e _00 - 00 00 uun _.. _n 00 - - - - 00 -0000. 0000- 00 ______h_U_ 00 0000 0000 00 - __ _h_'_ 00 00 - - 00 - - - -00-0 .
ZONING: Pursuant to Resolution 25523 adopted by Council on April 6,
1981, the Acting City Clerk having advertised a public hearing for Monday,
November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of Trustees of Melrose Avenue Christian Church that an
approximate .911 acre portion of property located at 4807 Cove Road, N. W.,
Official Tax No. 6410110, be rezoned from INPUD, Institutional Planned Unit
Development District, to R-7, Residential Single Family District, to facilitate the
sale and development of the subject property for single family residential use,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday November 4, 2006, and on Saturday, November 11, 2006.
I (See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report advising that the
rezoning of the subject property from INPUD, Institutional Planned Unit
Development District, to R-7, Residential Single Family District, was a
reasonable request; the property would essentially remain the same in form and
function which blends well with the Miller Court/Arrowood Neighborhood;
separating the dwelling form the church would also provide an additional
housing option in the area which was consistent with the City's Comprehensive
Plan (NH PS); and therefore, the Planning Commission recommended approval
of the rezoning.
(For full text, see report on file in the City Clerk's Office.)
The Mayor inquired if there were any persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
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486
Vice-Mayor Trinkle offered the following ordinance:
I
(#37627·112006) AN ORDINANCE to amend §36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
dated December 5, 2005, as amended, to rezone a portion of certain property
within the City; and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 71, page 37.)
Vice'Mayor Trinkle moved the adoption of Ordinance No. 37627-112006.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wish neff, Dowe
and Mayo r H arri su____n____u_u_n_____u_u_u_unnuuu.n_n_nu__u_u_nnu______0000____00__007.
NAYS: No n e__uuuun___n___nu____.___u_u._u___n_n_n_nnuunn_n____._.--0000--------0.
TAXES: Pursuant to instructions by the Council, the Acting City Clerk
having advertised a public hearing for Monday, November 20, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, on a request of
the Refugee and Immigrant Services, Catholic Diocese of Richmond, a non-
stock, not·for-profit corporation, for tax exempt status of property located at
3719 Melrose Avenue, N. W., the matter was before the body.
I
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 10, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to Refugee and Immigration Services of the Catholic Diocese of
Richmond exemptions from real estate and personal property taxation,
pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective
January 1, 2007, for property known as Official Tax No. 2761605 located at
3719 Melrose Avenue, N. W., if the organization agreed to pay the subject
service charge by January 1.
(For full text, see communication on file in the City Clerk's Office.)
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487
Council Member Dowe offered the following ordinance:
(#37628-112006) AN ORDINANCE exempting from real estate property
taxation certain property located in the City of Roanoke of the Refugee and
Immigration Services, Catholic Diocese of Richmond, an organization devoted
exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 38.)
Council Member Dowe moved the adoption of Ordinance No. 37628-
112006. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37628-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s_u_u_____nu__uu__uu_uuoo__u____u___uu_uu_uuuuu_______uu_-00--00-00007 .
NAYS: Non e -00 - 00 00000000__ - - 00 n_UU_ - - - - _uuuu __ - - ____nUUuuuuu - 00 00 - - 00-- 00 00 nhU --- 0 .
TAXES: Pursuant to instructions by the Council, the Acting City Clerk
having advertised a public hearing for Monday, November 20, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
the DePaul Family Services, a non-stock, not-for-profit Virginia corporation, for
tax exempt status of property located at 4328 Pennsylvania Avenue, N. E., the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 10, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
488
The City Manager submitted a written communication recommending I
authorization to the DePaul Family Services, Inc., exemptions from real estate
and personal property taxation, pursuant to Article X, Section 6(a)6 of the
Constitution' of Virginia, effective January 1, 2007, for the property known as
Official Tax Nos. 7360705 and 7360706 located at 4328 Pennsylvania
Avenue, N. E., if the organization agrees to pay the subject service charge by
January 1.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the folloWing ordinance:
(#37629-112006) AN ORDINANCE exempting from real estate property
taxation certain property located in the City of Roanoke of the DePaul Family
Services, Inc., an organization devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 40.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37629-112006.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
I
There being no questions or comments by Council Members, Ordinance
No. 37629-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri s____uu_u__uu__u_______u_u.________u.u__u_u_____uu____u__nn__uuuuuuu7 .
NAYS: Non e __0000 -. 0000___ ___ 00 - - 00 - - - _. - 00 0000_ - - -0000 - __Un - - __ __ 00__00 -00 - - -00- - - 0000 00 00._ ---- - O.
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489
SCHOOLS-BONDS: Pursuant to instructions by the Council, the Acting City
Clerk having advertised a public hearing for Monday, November 20, 2006, at
7:00 p.m., or as soon thereafter as the matter may be heard, to consider
approval of the issuance by the City of its general obligation bond or bonds, in
an amount estimated not to exceed $4.83 million, for the purpose of financing
certain capital improvements for Patrick Henry High School, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, October 24, 2006 and Tuesday, October 31, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The Director of Finance submitted a written report recommending
adoption of Resolution No.3 7631-112006 authorizing issuance of up to $4.83
million of VPSA unsubsidized bonds, and declaring the City's intent to
reimburse itself for qualifying expenditures, upon the issuance of the bonds in
the Spring 2007.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37630-112006) A RESOLUTION authorizing the issuance of not to
exceed $4,830,000 General Obligation Schools Bonds of the City of Roanoke,
Virginia, Series 2007-A, to be sold to the Virginia Public School Authority and
providing for the form and details thereof.
(For full text of resolution, see Resolution Book No. 71, page 42.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37630-112006.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Resolution
No.3 7630-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri Sunnnnnuuh____huuoouu_hnmn__muunn_.uuuu__n_.oo_oou_uu.oo.u7 .
NAYS: No n e uuuu______uuu_un_uu_______oouu_.u_u_uuun___u_m --0000_0000___00_00__0.
490
Council Member Fitzpatrick offered the following resolution:
I
(#37631-112006) A RESOLUTION authorizing the School Board for the
City of Roanoke to expend funds for part of the cost of rebuilding Patrick Henry
High School and related capital improvements and declaring the City's intent to
borrow to fund or reimburse such expenditures.
(For full text of resolution, see Resolution Book No. 71, page 53.)
Council Member Fitzpatrick moved the adoption of Resolution No.2 7631·
112006. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
and Mayo r H arri Suuunnuu_uuuu__u__.._n_.uumuuuu_uuuun__.n_huunu_nnuunu7 .
NAYS: Non e ---- -00 - - - 0000 - - 00 00 - - 00000000 00 __ _. - 00 00 m - 00 nu 00 00 00 - - 00-0000 00-- __ 0000 -- -00--00- 00 - 0 .
SCHOOLS-BOND-BUDGET: The Roanoke City School Board submitted a
written report requesting that Council appropriate $4.6 million in VPSA
Unsubsidized Bonds to provide funds for a portion of the construction costs for
the new Patrick Henry High School; and further requests transfer of
$700,000.00 back to the Monterey Elementary School project from the school
Debt Reserve Fund, which were originally appropriated to the Patrick Henry
High School Account in anticipation of the availability of Capital Maintenance
and Equipment Replacement Funds.
I
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following budget ordinance:
(#37632-112006) AN ORDINANCE to appropriate funding to be provided
by the issuance of VPSA Bonds for the construction of Patrick Henry High School
and to transfer funding from the Patrick Henry High School Project to the
Monterey Elementary School Project, amending and reordaining certain sections
of the 2006-2007 School Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 54.)
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491
Council Member Dowe moved the adoption of Ordinance No. 37632-
112006. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
and Mayo r H arri s_u_umuuuu._n___uuu_uuuu______u_uu_uu_u_uuunnnuuuuu__u00007 .
NAYS: Non e - 00 - 0000 -- 00-- -- - 00 - - - 00 - -0000 - unnn - - -00- - - - - - - 0000 - - - - 00 - -00 - 00 - - __ - - __ - - 00 00 0000 00-0 .
CITY CODE-ZONING: Pursuant to Resolution 25523 adopted by Council on
April 6, 1981, the Acting City Clerk having advertised a public hearing for
Monday, November 20, 2006, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a request of the City Planning Commission to amend and
reordain Section 36.2, Zoning, of the Code City of Roanoke (1979), as
amended, the matter was before the body, as follows:
(1) replacement of the words "petition(s)", "petitioner(s)", or
"petitioning" with the words "application(s)", "applicant(s)", or
"applying" in the following subsections: (b)(2) of §36.2-1 08, Vested
rights; (d) and (e) of §36.2-326, Mixed Use Planned Unit
Development District (MXPUD); (e) of §36.2-327, Institutional
Planned Unit Development District (INPUD); (d) and (e) of §36.2-
328, Industrial Planned Unit Development District (IPUD); (c) and
(d)(l), (d)(2), (d)(3), and (d)(5) of §36.2-336, Comprehensive Sign
Overlay District; (e)(8) of §36.2-432, Wireless telecommunication
facilities and broadcasting towers; (a)(2), (c)(2) and (d) of §36.2-
510, General procedural requirements; (a), (b), (c), (d), (f), and (g) of
§36.2-540, Zoning amendments; (a), (b), (c),(e)(3) and (h) of §36.2-
541, Conditional rezonings; and §36.2-813, Meetings, for the
purpose of conformity with the zoning application process;
(2) amendment of subsections (e)(2) and (f)(2) of §36.2·205,
Dimensional regulations, to set forth the encroachments permitted
in required yards, generally, and the requirements for front yard
depths in the R-7, R-S and R-3, Residential Single-Family Districts,
and the RM-l and RM-2, Residential Mixed Density Districts, where
there is a building on an adjoining lot and where there is not a
building on an adjoining lot;
(3) amendment of subsection (e) of §36.2-314, Commercial
Districts (CN, CG, CLS), to set forth the required width of five feet
for, and composition of, pedestrian pathways from the public right-
of-way to the public entrance of a principal bUilding;
492
(4) amendment of Table 314-1, Dimensional Matrix for
Commercial Districts (CN, CG, CLS), of §36.2-314, Commercial
Districts (CN, CG, CLS), to eliminate the requirement of a minimum
side yard and rear yard in the CLS, Commercial Large Site District,
in certain circumstances;
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(5) amendment of Table 327-1 of §36.2-327, Institutional
Planned Unit Development District (INPUD), to correct erroneous
references to the MXPUD District in the INPUD District regulations;
(6) amendment of subsections (cHI HA) and (cHI HD) of §36.2-
332, Neighborhood Design Overlay District (ND), to clarify the
required front yard and foundation height requirements of
buildings in the ND, Neighborhood Design Overlay District;
(7) amendment of subsections (f), (kH2) and (kH3) of §36.2-333,
Floodplain Overlay District (F), to include a definition of repetitive
loss for certain floods occurring within a 10 year period and a
revised definition of substantial improvement for certain
improvements within a 5 year period, and to prohibit modification,
repair or improvement of certain structures located in a flood plain;
I
(8) amendment of Table 340-1 of §36.2-340, Use matrix, to
allow group care facilities, congregate homes, elderly;
manufactured or mobile home sales; personal service
establishments; recreation, outdoor facilities; and parking lot
facilities, either by special exception or as a matter of right, in the
RM-2, CG, MX, INPUD, and CG Districts, respectively;
(9) amendment of subsection (cH2) of §36.2-403, Accessory
uses and structures, to address setback regulations for refuse
dumpster enclosures;
(10) amendment of subsection (d)(6HD) of §36.2-409, Drive-
through facilities, to eliminate the requirement for an emergency
by pass if stacking lanes are curbed;
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493
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(11) amendment of subsection (c) of §36.2-413, Home
occupations, to identify furniture refinishing or upholstery, sign
making, and special trade contractors who are engaged in metal
working or cabinet making as prohibited home or personal service
occupations, and deleting contractor's or subcontractor's office or
storage yard as prohibited home occupations;
(12) amendment of §36.2-425, Parking or storage of recreational
vehicles, motor homes, boats, campers, or trailers, to clarify the
application of regulations to recreational vehicles, motor homes,
boats, campers, trailers and similar vehicles, and to prohibit
parking of certain of such vehicles in a residential district or in a
CN, Neighborhood Commercial District, or MX, Mixed Use District,
for over seven days;
(13) amendment of subsections (d)(l), (d)(2), and (d)(3) of §36.2-
429, Temporary uses, to regulate signage on and location of
portable storage containers;
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(14) amendment of subsection (c)(7) of §36.2-431, Townhouses
and rowhouses, to clarify the conditions for the location of off-
street parking for townhouses;
(15) amendment of subsections (b)(3) and (c) of §36.2-432,
Wireless telecommunications facilities and broadcasting towers, to
clarify the permitted height of stealth wireless telecommunication
facilities;
(16) amendment of subsections (c)(2) and (c)(5) of §36.2-530,
Certificates of appropriateness, to clarify the application deadline
for applications to be heard by the architectural review board and
the scheduling of an appeal of a decision of the Architectural
Review Board to City Council;
(17) amendment of subsection (c)(2) of §36.2-541, Conditional
rezonings, to clarify the circumstances under which City Council
may accept amended proffers;
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(18) amendment of subsection(c)(l )(B) of §36.2-553,
Comprehensive development plans, to shorten the period within
which the Agent to the Planning Commission must complete review
of the initial submittal of a comprehensive development plan and to
lengthen the review period of a resubmittal of a comprehensive
development plan;
494
(19) amendment of subsections (d)(1) and (e) of §36.2-561,
Variances, to clarify the circumstances under which a variance
might be granted and the conforming status of a property for
which a variance has been granted;
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(20) amendment of subsection (e) of §36.2-563, Appeals from
board of zoning appeals, to clarify that findings and conclusions on
questions of fact are presumed to be correct and that the circuit
court shall hear arguments or questions of law de novo in an
appeal from the board of zoning appeals;
(21) amendment of §36.2-624, Lighting plan, to clarify the
requirements for submittal of an outdoor lighting plan;
(22) amendment of subsection (a)(4) of §36.2-625, Outdoor
lighting standards, to clarify that flood or spotlights are permitted
only when mounted to buildings subject to certain mounting
heights;
(23) amendment of Table 642-1, Trees: Approved Plant List,
Minimum Size at Planting, 20-Year Canopy, and Suitability, of
§36.2-642, General landscaping and screening standards, to delete
green ash and white ash from the approved list of large deciduous
trees;
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(24) amendment of subsection (f)
landscaping and screening standards,
omission of the word "plan;"
of §36.2-642, General
to correct the erroneous
(25) amendment of subsections (a) and (b) of §36.2-646, Façade
planting, to clarify the linear footage of building foundation to
which the facade planting requirement applies, and to apply the
façade planting requirement to only one façade of a building that is
located on a through lot;
(26) amendment of subsection (b)(5) of §36.2-648, Parking area
landscaping, to clarify the planting requirements and location of
landscaping strips along the perimeters of parking areas that front
on a public street;
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(27) amendment of Table 652-2, Required off-street parking
spaces, of §36.2-652, Minimum off-street parking, to increase the
minimum parking space requirement for and apply the maximum
parking requirement to retail sales establishment-large appliances,
furniture, household fixtures, swimming pools, hot tubs, spas;
(28) amendment of subsections (c) and (d) of §36.2-654, Off-
street parking area standards, to set forth the required width of
five feet for pedestrian walkways in certain off-street parking areas
in the CG and CLS districts, and to clarify that the location
standards for off-street parking areas in all districts shall apply to
fleet or motor vehicle storage yards;
(29) amendment of Table 654-2, Driveway widths, except for lots
containing single family detached dwellings, of §36.2-654, Off-
street parking area standards, to set forth a minimum width of five
feet and a vegetative ground cover requirement for center medians
in which the maximum width of a driveway may be forty-five feet; .
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(30) amendment of subsections (c) and (c)(l]) of §36.2-661,
Applicability, to clarify the permitted location of exempted signs
and the timeline for removal of political signs;
(3]) amendment of §36.2-662, Definitions, to include revised
definitions of refacing and temporary sign to permit some changes
to a sign or sign face and to define a temporary sign to include any
advertising erected or posted under certain circumstances;
(32) amendment of subsections (b)(3) and (b)(4) and adding
subsection (b)(5) to §36.2-667, Calculation of sign area and
number of on-premises signs, to include a requirement for the
calculation of sign area for banners attached to light poles which
bear commercial images;
(33) amendment of Table 668-1, Types and number of on-
premises signs permitted by zoning districts, of §36.2-668, Types
and number of on-premises signs, to clarify the requirement that
electronic reader boards shall be part of a static sign display;
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(34) amendment of subsections (a), (d), (g), and (h) and adding
subsections (i) and U) to §36.2-673, Temporary on-premises signs,
for the purpose of limiting the number of zoning permits per year
and clarifying the duration of zoning permits for temporary signs,
the use of temporary covers on existing sign faces, and the
requirement that temporary signs be attached to buildings or
building appendages except in certain circumstances;
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(35) amendment of subsection (c) and adding subsection (d) to
§36.2-704, Nonconforming structures, to set forth the
requirements and timeline for repairing, rebuilding, or replacing a
nonconforming structure which is damaged or destroyed by a
natural disaster;
(36) amendment of subsections (f) and (g) to §36.2-705,
Nonconforming uses, to set forth the requirements and timeline for
resuming or restoring a nonconforming use after the structure in
which the use is located is damaged or destroyed by a fire, and
adding subsection (h) to §36.2-705, Nonconforming uses, to set
forth the requirements for resuming or restoring a nonconforming
use or structure after the structure in which the use is located is
damaged or destroyed by a natural disaster;
(37) amendment of subsection (b)(4) of §36.2-81 7, Powers and
duties, to include the location, character, and extent of road
improvements and transportation improvements as features
controlled by an adopted comprehensive plan;
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(38) amendment of definitions of "Applicant" and "Application",
to include a reference to rezonings and conditional rezonings;
"Building line", to clarify the demarcation of such building line;
"Floor area, gross" to clarify that the definition applies to attached
carports; "Kennel", to exclude from the definition up to six (6)
spayed or neutered cats; and "Petition" and "Petitioner" to clarify
that such terms apply only to certain proceedings; in Appendix A,
Definitions, of Chapter 36.2 and adding a definition for "Yard,
established front", to define an area between a front lot line and a
building line;
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497
(39) amendment of subsections (b)(7), (8), and (12), adding a
subsection (b)(14), and renumbering subsection (b)(14) to (b)(l 5) of
§B-l, Basic Development Plan, of Appendix B, Submittal
Requirements, to clarify the submittal requirements for a basic
development plan;
(40) amendment of subsection (c) of §B-2, Comprehensive
Development Plan of Appendix B, Submittal Requirements, to set
forth the number of comprehensive development plans required for
submittal and to provide for an electronic format submittal option;
(41) amendment of subsection (d)(3) of §B-2, Comprehensive
Development Plan, of Appendix B, Submittal Requirements, by
adding subsections (d)(3)(F) and (G), to require the inclusion of
impervious surface ratio and floor area ratio calculations in a
compreh~nsive development plan; and
(42) amendment of §C-l, Off-Site
Appendix C, Agreements, in order to
signature of the Zoning Administrator.
Parking Agreement, of
provide for a notarized
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, November 5, 2006, and Sunday, November 12, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report advising that the
proposed amendments to the Zoning Ordinance are consistent with, will further
the intent of Vision 2001-2020. and recommended approval of the proposed
amendments.
(For full text, see report on file in the City Clerk's Office.)
498
Vice-Mayor Trinkle offered the following ordinance:
(#37633-112006) AN ORDINANCE amending and reordaining various
sections in Chapter 36.2, Zonino, of the Code of the City of Roanoke (1979), as
amended, to revise certain definitions and yard, pedestrian access, height, sign
lighting, landscaping, parking, nonconforming structures, neighborhood
design, wireless telecommunication facility, and floodplain regulations, to
amend provisions relating to the type and location of certain uses in various
districts, to revise supplemental regulations for certain uses and structures, and
to amend the procedures for obtaining various permits, certificates and
variances; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 55.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37633-112006.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who would like to
speak in connection with the zoning amendments. There being none, he
declared the public hearing closed.
There being no questions or comments by Council Members, Ordinance
No.3 7633-112006 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe
an d Mayo r H arri suu_uu_uuuu_unuuuuu_uuuuuunuuuuu_uuumuuuuu_uuuuuu7 .
NAYS: Non e 00- - 00 - - 0000 - - - - 00 000000 - - 00 - - - - - - - 00 00 - - 0000 0000 00 - - - - __ 0000 -0000-- - - - - - - - - - - - - - - 00 0000 - O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
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499
TOWING ADVISORY BOARD: Charles R. Brown, Chair, Towing Advisory
Board, spoke with regard to statewide towing legislation passed by the 2000
Session of the General Assembly. He stated that as a result of such legislation,
Council abolished and reconstituted the Towing Advisory Board, whereby he
was elected as Chair at a Board meeting held on November 9, 2006, and noted
the following three items that were passed by a majority of the members during
the meeting: Opposed to the award of any public safety towing contracts;
Council immediately advise staff to cease all work relating to the award of
public safety towing contracts through Requests for Proposals (RFP); and that
Council immediately enact the "Cooperation Towing Plan" approved by the
Roanoke Towing Advisory Board on November 9, 2006. He also urged City
Council to include the above mentioned items on its next Council agenda for
discussion.
Mayor Harris commended Mr. Brown for his willingness to serve on the
Towing Advisory Board, and recognized all Board members present.
Lee Stephens, 411 East Franklin, Suite 601, Richmond, representing the
Roanoke Towers Coalition, spoke also in connection with the towing issues, and
highlighted the following:
· road safety and removal of disabled vehicles; a good relationship
with the towing companies is critical; and
· possibility of driving towing companies out of business, if not
included in the mechanism of giving them an opportunity to tow
vehicles.
He stated that the Coalition was instrumental in creating the bill
responsible for the new State law; he and Mr. Brown serve on a newly
established Virginia Board of Towing and Recovery Operators: and Mr. Brown
chairs the Regulations Committee which is responsible for regulations that will
apply throughout the Commonwealth.
Mr. Stephens offered the following suggestions to improve relationships
between the towing industry, Police Department and City staff:
· create a system for addressing complaints
· develop a system for handling the calls and rotation of assignments
. improve towing standards
He advised that the Coalition thought the RFP awards were misguided and
therefore should cease, and City staff should be encouraged to work with the
Coalition to create a law that all parties can abide by.
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Discussion:
Council Member Fitzpatrick moved that the City Manager table action by I
staff with regard to all towing contracts until there has been an opportunity for
discussion with the Towing Advisory Board and a recommendation agreed upon
by all parties. He suggested that serious consideration be given to the
importance of the Towing Advisory Board for the overall operation of the City of
Roanoke, and the safety of the citizens and the highways. The motion was
seconded by Council Member Wishneff with an amendment to the motion to
request that a Council Member attend some of the Towing Advisory Board
meetings; whereupon, Council Member Fitzpatrick interjected that the
attendance be voluntary.
Council Member Mason asked for clarification of the motion: whereupon,
Council Member Fitzpatrick stated that his motion was to have the City Manager
table action by staff with regard to any awards of contracts or RFP's until there
has been an opportunity for discussion between City staff and the Advisory
Board with a recommendation that would be in the best interest of the citizens.
Mayor Harris questioned whether the matter was a moot issue since
towing contracts had already been awarded and executed; whereupon, the City
Attorney advised that pursuant to instructions by Council, the City Manager was
authorized to issue RFP's through the normal procurement process to have
contracts negotiated and signed by the City and numerous towing companies,
and by doing so, the contracts are considered binding; and he added that the
only way to breach a contract is to have both parties rescind the contract.
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With regard to the 90-day clause referenced in the towing contracts, Tim
Spencer, Assistant City Attorney, stated that all the towing contracts have a 90-
day termination clause which afforded both parties a smooth operation and the
contracts would be effective on December 1.
Council Member Wishneff suggested that the City honor the 90-day
agreement, but also give consideration to the motion offered by Council
Member Fitzpatrick to develop a program that can be agreed upon by all
parties.
Council Member Fitzpatrick inquired if the Chair of the Towing Advisory
Board could schedule a meeting with all the towers that had executed contracts
with the City and legal counsel to determine whether the parities could agree to
terminate the contracts, until such time another agreement could be developed
that would be of mutual interest to all parties; whereupon, Mr. Spencer stated
that members of the towing panel did not wish to review to agreement, but
would prefer to discuss the agreement in depth because they did not believe
the conditions as set forth in Title 46.2 have been satisfied by the City prior to
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the issuance of the contracts. Council Member Fitzpatrick stated that although
he seeks a resolution to the problem, he did not wish to rescind any of the
towing contracts that had been awarded, however, he welcomed comments
from legal counsel and fellow Council Members.
The City Manager reiterated that pursuant to the requirement set forth in
the City Code, Council's authorization was sought at the October 2, 2006,
Council meeting to issue an RFP for towing services; however, some towers
were advised that the RFP process had been discontinued, which was not
accurate; and despite the miscommunication, a number of responses were
received, evaluated and contracts were awarded to the successful bidders. She
emphasized that prior to the awarding of the bids, City staff and legal counsel
attended the November 9 Board meeting to present the recommendations to
the Towing Advisory Board as instructed by the Council, but the Advisory Board
would not allow said presentation. She advised that all towers who executed
the contracts agreed to the pricing suggested in the RFP, as well as to serve on
a rotating list so that no one tower would be responsible for all of the tows.
She noted that the City administration continues to have concerns as to whether
or not those particular items presented by Mr. Brown adequately addresses the
citizens' concerns regarding the prices for tows.
Following additional discussion, Council Member Wishneff offered
another motion that Council support the Towing Advisory Board's efforts to
improve communication with City staff and requested that all parties meet
within the next two weeks, along with Council Member Fitzpatrick or another
Member of Council and report back to City Council on Monday, December 4,
2006.
The Mayor advised that no two motions could be on the floor
simultaneously, therefore, a friendly withdrawal of Council Member Fitzpatrick's
motion was needed in order to allow Council Member Wishneff's motion to
stand. Without the withdrawal of the first motion, he must rule the second
motion out of order until action has been taken on the original motion.
Whereupon, Council Member Wishneff withdrew his motion.
Council Member Fitzpatrick amended his original motion to include that
the contracts be allowed to take place, and within the 90-day period, meetings
and discussions be held between the towers and City staff, and thereafter, a
recommendation agreed to by all be presented to Council for consideration.
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Council Member Dowe stated that the three things articulated by Council I
were safety of citizens, rotation of towers, and towing standards; and
suggested that staff and the Towing Advisory Board continue to maintain better
communication. Following additional comments, Council Member Dowe agreed
to attend any meetings held between the City and the Board with regard to
issues of mutual interest.
Council Member Fitzpatrick having withdrawn his motion, suggested that
he and Council Member Dowe both volunteer to participate in the process, with
the understanding that it would not be an official assignment made by the
Council.
In conclusion, the Mayor stated that the City is obligated to honor the
contracts, and therefore, requested that City staff resolve any recurring
problems with towing services work with the Towing Advisory Board to try to
improve communications within the 90-day window from the time the contracts
take effect.
ANIMALS-PARK: Nathan A. Jones, representing the Roanoke Dog Owners
Group, spoke with regard to development of an off-leash area for the exercise
of dogs. He stated that the Roanoke City Code prohibits at-large running of
dogs anywhere within the City limits, and the Roanoke County Code prohibits I
at-large running of dogs on any park land within the County limits. He
indicated that the group would like an off-leash area (dog pack, dog run)
consisting of the following:
· approximately 100 square yards or more of open flat terrain with
shade;
· an enclosure with a four to six foot high fence with double gate;
· a water source of either natural or man-made water;
· dog waste removal bag dispenser;
· isolation from major roadways and neighborhoods;
· handicap friendly parking.
He further stated that the Parks and Recreation Department advised that
the group needed to enter into a lease agreement with the City for the land,
which thereafter would become the Group's responsibility; the group would
have to seek a 501 (c)3 non-profit status, full liability insurance, and be
responsible for funding and maintaining the premises and any incidents that
may occur on the premises. He added that since that time, the group has
reorganized and has obtained approximately 1,200 signatures of area residents
who believe that an off-leash area would benefit the City. On behalf of the
Roanoke Dog Owners Group, Mr. Jones requested a verbal commitment to I
assist with a pilot program prioritized in the Parks and Recreation Project
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pipeline; assistance with exploring alternatives to a lease agreement for
development of the off-leash area, and the exploration of possible funding
allocations for implementation of the off-leash area.
Mr. Jones highlighted the benefits of an off-leash area:
HUMAN
· Dog owners
· provides a safe, secure environment for exercising dogs;
· encourages outdoor activity leading to good health and lowered stress;
and
· creates community atmosphere in which friendships can be established.
· Non-Dog Owners
· Alleviates effects of at-large dogs in other city parks and greenways;
o Waste;
o Chasing or impeding greenway runners
CANINE
· An exercised dog is a healthy dog
· Social interaction with other dogs and humans is proven to dramatically
reduce the likelihood of a dog to have violent tendencies
· Controlled perimeter ensures that dogs won't stray into traffic or other
hazards while exercising
MUNICIPALITY
· Municipalities
· Increase dog registration as this will be a prerequisite for use of off-leash
area
· Provides a powerful and inexpensive means to attract younger
demographic
· Animal Control
· Decrease time patrolling City Parks for violators/issuing citations.
· Decrease dog related noise abatement calls
· Parks System/Environmental impact
o Decrease dog related waste in other parks
o Control environmental impact of dog waste
Council Member Dowe expressed concern with regard to VICIOUS dogs
having access to the area; whereupon, Mr. Jones stated that there will be a
criteria for use of the park, including not allowing dogs in heat, vicious animals
or dogs with vicious tendencies, and all dogs must be registered with their
respective locality.
504
Council Member Fitzpatrick suggested that surrounding localities be I
contacted to discuss a regional park, which would be a much more cost
effective method.
Council Member Mason encouraged the members of the Roanoke Dog
Owners Group to curb their dogs and adhere to the rules and regulations
contained in City ordinances.
Without objection by the Council, the Mayor advised that the matter
would be referred to the City Manager for study and report back to Council.
COUNTRYSIDE ESTATES: Valerie Garner, 2264 Mattaponi Drive, N. W.,
inquired about the status of the development of the Countryside Golf Course;
whereupon, the Mayor called upon the City Manager to share information that
would be presented in a press release regarding the Countryside Golf Course.
The City Manager advised that the City had awarded a contract to a
development group which is headed by Triangle Development Group, LLC, of
Richmond, Virginia, and also includes Victor Foti Company, LLC, Allegheny
Construction of Roanoke. and Mike Morgan Engineering of Midlothian, Virginia.
She further advised that the development team has indicated that a new golf
course concept, an 18-hole Executive Course, would be the centerpiece of the
. proposed mixed-use development. She further advised that Executive Courses I
are designed to provide for shorter length of playing time, and usually are
comprised of a combination of a par four and par three holes, with an overall
course length of less than 4,000 yards. Additionally, she stated that the
development team had requested additional time to further refine the proposed
overall design concepts for the property, and a time extension was granted
until March 1, 2007.
Ms. Garner asked the following questions:
· If the Airport property that consists of the fairways is part of the lease?
The City Manager stated that the City is the current lessee and the
property will be included in the overall development.
· Will the lease, which expires November 2008, be renewed? The City
Manager stated that recent conversations with the Airport Commission
suggests that either the lease will be renewed or there will be a
disposition of the property to the City, with certain imposed restrictions;
and the developer is aware, through the RFP, that the City and the Airport
Commission are considering a land swap which has not been
consummated.
· Will there be an opportunity to review the conceptual plans? The City
Manager commented that the City has an agreement with the developer
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that the development concepts would not become public until after the
March 1, 2007 extension date.
. Are there any plans for the development of homes? The City Manager
stated that the City would not have acquired the property if it would be
continued exclusively as a golf course, noting that the RFP clearly asked
for a development plan that included residential.
Mayor Harris stated that since the development team had requested
additional time to develop a concept plan, Council had an obligation to publicly
disclose the entities involved at this time, and that an Executive Golf Course
was being considered as the key element of their design and plan. He further
stated that Council will not adopt a formal plan without an opportunity for
review and input by the community. The City Manager added that the City had
placed a very restrictive zoning on the property, so in addition to having public
input regarding any plan, it will go through the zoning process with public
hearings held before the City Planning Commission and City Council.
In closing, Ms. Garner reminded Council that the Countryside residents
had valid concerns since they resided within the property to be developed.
I
There being no further business, the Mayor declared the meeting
adjourned at 8:35 p.m.
APPROVED
ATTEST:
~~~,~
Stephanie M. Moon
Acting City Clerk
t~~
c. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL
December 4, 2006
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
December 4, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson
Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members David B. Trinkle, Brian J. Wishneff, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and
Mayor C. Nel son Harrismmumun___umummm____mmum._mmnnuummuuunn_7.
A BS ENT: Non e - - m 00 -0000- - - unu - - 0000-00- - - - __nu - - - - - - 00 -00----- - - 00-0000 - - 000000 - - -00-- - - - 00 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; Stephanie M. Moon,
Acting City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to §2.2-3711 (A)(l), Code of Virginia (1950), as amended,
was before the body.
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r Harri suuuuuumu_uu___n_nnuuuu_uuuuuuuu_nnnnnnnn__u_umu_uu7 .
NAYS: Non e - -00-- - - 0000 - - - - 00 00 - - - - -0000- - - 00 - noon - - 00 00 000000 __ - - - - 00 0000 - 00 - - 0000 __ - 00-00 - - 0000-0 .
507
CITY COUNCIL: A communication from Council Member Alfred T. Dowe, ,
Jr., Chair, Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the appointment of a City Clerk, pursuant to Section 2.2-
3711 (A)(l), Code of Virginia (1950), as amended, was before the body.
Council Member Fitzpatrick moved that Council concur in the request of
Council Member Dowe to convene in Closed Meeting as abovedescribed. The
motion was seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri s __u____nn___uuuu________nnn___u____u_____uh________uuu_-00--------000000--7 .
NAYS: No n en_n_______uu_________n___uu_u__UUU__h_n______uuu______----__00_0000______0.
ITEMS LISTED ON THE 2:00 P. M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P. M.,
AGENDA: NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
BRIEFINGS:
REGISTRAR-ELECTORAL BOARD: Gordon Hancock, Chair, Electoral Board,
advised that the Voting Rights Act was approved in 1965 and reenacted in June
2006, subjecting State and local governments throughout the country to abide
by certain legal requirements. He further advised that a portion of the Act
requires permission to be granted by the Justice Department in order to make
certain revisions such as extending voting times due to an electrical failure, or
relocating a precinct because of a school fire. He stated that the City has
submitted several voting revisions to the Act over the past several years,
expending time and money each time. He added that the total for a bailout,
including legal and court costs, is less than $5,000.00 and the granting of a
bailout would be cost effective and operational.
Mr. Hancock explained that several local governments have bailed out
including the Cities of Fairfax, Harrisonburg, Salem and Winchester, and the
Counties of Augusta, Fredrick, Greene, Roanoke, Shenandoah, Rockingham,
Warren, and Botetourt. He stated that in order for a locality to be granted a
bailout, it must prove, among other things, its non-use of any racially
discriminatory tests, non-assigned federal registrars to the City, or the use of
any voting procedures that dilute minority voting, etc., and which City has been
in compliance. He indicated that the first step necessary for the City to meet all
requirements is by gathering data and forwarding the information to the
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508
Department of Justice for an independent investigation to verify the City's
bailout. Additionally, public hearings must be held to inform voters of the
bailout and respond to inquiries or comments of the citizenry. He emphasized
that the only thing the bailout would change would be the registrar having to
get pre-approval to perform her daily operations. He stated that if the City does
bailout and is found guilty of discrimination, the bailout can be reinstated
under the pre-clearance provisions; and again, local voting registrars and
electoral boards consider a bailout to be beneficial because it will provide for
greater flexibility to deal with problems as they arise, which will save taxpayers'
money. In his opinion, a bailout is something the City should give serious
consideration.
Council Member Dowe inquired about the downside if the City did
support a bailout; whereupon, Ms. Brooks advised that the only difference
would be that the City must continue seeking approval from the Justice
Department, and if a time restriction was involved, problems could occur with
regard to an emergency move within a certain time frame, because the City was
not always aware of the availability of a polling place until the last minute,
which causes problems with submissions and a location of a polling place.
Ms. Brooks advised that whether or not the City is granted a bailout, public
meetings must be held to receive public comments concerning a polling place.
It was noted that the demographics of the City have changed, and some
changes in the polling places are necessary and need to be made accordingly,
which are not under the restriction of the pre-clearance provisions that increase
costs.
Council Member Fitzpatrick stated that the bailout is logical and will allow
those persons charged with the responsibility more flexibility to meet the needs
of the voters, and expressed appreciation for the time spent in researching the
matter.
The City Attorney pointed out that whether or not the City pursued the
issue, it was a policy decision to be made by the Council, and advised that the
bailout provision has been a part of the Act for several years. He advised that
only 11 localities in Virginia have bailed out, and suggested that individual
meetings be held with minority leaders and organizations, as well as
encouraged other opportunities for citizen input, prior to a decision being
made. He explained that the matter must be heard by a three judge court in the
District of Columbia, and if the case is contested, the $5,000.00 figure may not
hold true. For the record, he stated he was not opposed to the pre-clearance
requests to the Justice Department. Being familiar with bailout cases, he
indicated that Roanoke County, Salem and Botetourt County have a smaller
percentage of the minority populations than the City, and it may have been
easier for those localities to go through the process.
509
It was advised that the process should begin as soon as possible so that ,
the Electoral Board may be released from the bailout because it will be difficult
to relocate precincts once fire stations have been closed, and the ideal time to
redraw boundaries will be when the State is reapportioned.
Mayor Harris inquired if the Electoral Board had contacted the NAACP or
any other organizations to discuss the bailout request; whereupon, Mr. Tinsley
advised that he has tried to assure the local NAACP branch that the bailout will
not affect the voting rights and opportunities of the minority community.
Mayor Harris also inquired as to the responsible party to hold the public
hearings; whereupon, Mr. Tinsley stated that it would be the City's
responsibility to hold the hearings. The City Attorney agreed and suggested
that individual meetings with minority organizations be encouraged as well as
other opportunities for citizen input.
Based upon unanimous consent, the Mayor suggested that the matter be
tabled to allow the Registrar and/or the Electoral Board, along with Council
Member Dowe and other Members of Council, to attend informal meetings with
the local Roanoke branch of the NAACP, SCLC, and the Roanoke Valley
Ministers' Conference to discuss the bailout process, and thereafter submit
their findings for action by Council within 60 days.
CONSULTANTS REPORT-AMPHITHEATER-PARKS AND RECREATION: The
City Manager introduced Leon Younger for an update with regard to the Reserve
Avenue Plan. Mr. Younger advised that he incorporated comments received
from Council regarding the plan, cost estimates associated with the
recommendations, as well as revenue alternatives to help finance the Reserve
Park Plan. He requested additional input from Council about keeping certain
elements or amenities in the park or relocating them because part of the design
is viewed as outcome based, which could support a majority of its operating
costs, and the key strategies are to create enough energy within the park
whereby all the functions will work collectively.
Mr. Younger noted several highlights, via power point presentation.
. Council Member Fitzpatrick stressed the need to understand the
relationship between dirty water and the continuous use of the water in the
park, which might be dirty for 1 Yz days and not be filtered effectively. He
questioned if there was another entity that had experienced this type of
problem: whereupon, Mr. Younger advised that the Corps of Engineer does not
have an issue with the City using water from the Roanoke River for the water
park since it will be a completed self-circulating system. As far as flooding, he
noted that the Corps confirmed that there would rarely be water coming into
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the park area, and the water park will not be initially filled with water from the
river. He called attention to an idea whereby several buildings could work off of
a water system to run their heating and air conditioning systems, and the same
water could run through the water park.
Council Member Dowe inquired if there were any opportunities for
corporate cooperation through various types of revenue generators to add
something special aesthetically; whereupon, Mr. Younger stated that the idea
was a possibility, however, nothing has been built into the revenue strategies
because the amphitheater is viewed as a temporary site that could be used as
an amphitheater, a special event site, or a large community gathering site, etc.
He added that it has not been determined if the structure will be a one or two
story facility, or whether it will be permanent or one with a lot of flexibility.
Vice-Mayor Trinkle commented that the Charlottesville amphitheater used
folding chairs, blocked off boxes for businesses, etc., and it brought in a
significant amount of revenue. Following discussion, it was noted that the idea
be included in the plan.
Council Member Dowe inquired about opportunities during the winter
months, such as an ice rink; whereupon, Mr. Younger noted the natatorium, an
adventure center, indoor tennis facility, as well as a senior center.
Council Member Dowe also inquired as to how the park construction
phases would be prioritized; whereupon, Mr. Young advised that land would be
made available for investment purposes, and once the City invests and makes
improvements to the property, investors will follow. He added that it would be
difficult to convince investors to invest in property that has not been developed.
The City Manager reminded the Council that there are several buildings
on the site with occupants who would need to be relocated, pointing out that
the consultants were changed with viewing the site building-free, and
unfortunately, the City still has the challenge of moving existing activities and
operations off the site; and following feedback from the Council, the
consultants will create a plan showing how the City can potentially phase things
in to demonstrate a commitment without necessarily clearing the land at once
for development.
511
Vice-Mayor Trinkle commended the consultants for creating a bold ,
statement for a signature park. With regard to the amphitheater, he noted that
the City probably should seek flexible space, confirming that a stage and
backstage would be permanent and professional enough to draw major acts,
along with removable seats and cover so that the space may be used for other
events. He asked about the use of the open area near the backstage,
whereupon, it was advised that the area facing the corner of Reserve Avenue
and Jefferson Street could be developed into retail, a sports bar and/or dining
space, and the exterior courtyard facing the open area would be available if
there were no concerts and closed to become a free function area during
concert events.
Vice-Mayor Trinkle also inquired if there was a concept to link the
attractions to downtown; whereupon, Mr. Young advised that the matter has
not been discussed with the downtown restaurant association.
Vice-Mayor Trinkle questioned if the sole concession area located on the
sports side would be sufficient for the entire sports area, and if consideration
had been given to locating the concessions in the senior center; whereupon, Mr.
Younger advised that the senior center would be a gathering place and would
have uses that support senior activities, but would also be multi-purpose.
Mr. Young inquired about other elements or amenities that Council would
not prefer to have in the park so that such elements could be redesigned and
the costs revised to reflect the change(s).
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Vice-Mayor Trinkle stated that he would like to see the proposed park
move forward, adding that there was not an element he wanted removed, but
some refining done. He favored the idea of pricing out items in order to denote
the City's commitment to the park and the parking which is also a key issue.
He added that the next step should include the City Manager soliciting persons
who may be interested in various areas of the park. Mr. Younger advised that
following consensus on the plan, a business plan for the entire park, including
partnerships and land leases, would be created, and thereafter an action plan.
Council Member Wishneff advised that he would eliminate the natatorium
since a similar facility is adjacent to Fishburn Elementary and Madison Middle
Schools that is struggling, and would prefer to use the money to make the
existing facility similar to the proposed natatorium. He suggested eliminating
the indoor tennis center because several private ones already exist in the area,
and relocating the ice rink to the downtown area. He stated that the
amphitheater issue needed to be resolved because the location would have a
big impact on the proposed park development, and not enough information
had been provided for Council to make a decision at this time, such as cost,
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whether Elmwood Park may be considered as an alternative, seating capacity,
operating costs, revenue opportunities, etc. He suggested that a study be
completed on the amphitheater separate from the Reserve Avenue Park and the
results be provided to Mr. Younger.
Council Member Fitzpatrick emphasized that prior to making a decision,
Council must understand the implications because of the long term effect and
he is not aware whether the City has ever had the potential to affect different
age groups from different localities due to the uniqueness of the facility. He
also is uncomfortable with the proposed relationship between the downtown
businesses and the park because they are not exclusive. He realizes
restaurants and entertainment need to be in the park, but not to the point
where it will hurt the downtown area. He suggested having a streetcar project
and a development project, because the impact on Roanoke with a streetcar
and the development of Jefferson Street is more powerful than the proposed
park. He agreed with removal of the indoor tennis center, not having a building
located on Franklin Road, nor a parking area next to the Graves Humphries
Building, but locating a building farther into the park thereby leaving the
greenspace on the end. He questioned the location of the restrooms next to
the railroad tracks instead of closer to Wiley Drive, which would create
additional greenway and bike traffic. He is not opposed to the amphitheater
being in the park but does not wish to make a decision until he fully
understands what Elmwood Park may offer and the impact that both facilities
will have and how it will relate economically. He does not wish to proceed with
the amphitheater until all issues of concern have been addressed and stressed
that Council needs to understand the impact of a major flood in the park before
a decision is made to invest a large amount of money in buildings and facilities.
Council Member Lea mentioned that Council had previously discussed not
loosing site of the City's need for soccer and that athletic fields and he had
requested additional information about the high performance turf on the soccer
fields, and whether there is adequate parking available. The Director of Parks
and Recreation advised that one of the reasons high performance turf was
considered for the four fields was to compensate for the potential loss of future
soccer fields; he was aware that the wide open grand area was also identified as
a potential site for soccer use; and that use of sports turf on the four fields on
the south side of the park would allow more flexibility. He advised that at
present, the City is applying for grants to locate soccer fields at East Gate, and
is looking at the potential purchase or lease of Industrial Development &
Investment Company (IDICO) property to provide 15 - 19 fields, plus turf fields
which would allow 25% additional use, thereby making the City more
competitive with regard to facilities. Concerning parking, Mr. Buschor stated
that the City needs to provide better access and awareness to other available
parking facilities because patrons are not utilizing the other facilities, and
patrons need to be encouraged to change their mindset.
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Mayor Harris stated that the City is keenly aware of the lack of athletic
fields and Council needs to be assured that existing facilities are cared for. He
also is in agreement with Council Member Wishneff concerning the aquatic
center, noting that the City may be better off to partner with an
agency/organization rather than embarking on its own facility at a greater
expense. He pointed out that the community would like for the proposed
Reserve Avenue Park to utilize the river and the City would be remiss to take
that away. He affirmed the comments relative to the linkage from Reserve
Avenue to downtown, discussion about an amphitheater, and the need to
resolve the parking issue. To relieve the on-street congestion, he suggested
drop-off zones or loops within the parks. Mayor Harris remarked that the City's
next step should be discussion regarding an amphitheater; whereupon, the City
Manager explained that the next opportunity for the consultants to brief
Council concerning the Parks and Recreation Master Plan would be mid-January
2007; and the amphitheater discussion could be scheduled following the
December 18 Council session at 2:00 p.m., or the January 2 Council work
session at 9:00 a.m., concluding that the consultants' presentation on the
Master Plan, in general, may include some of the elements Council has removed
from Reserve Avenue site, but may be included in other locations.
Council Member Wishneff inquired about cost estimates and a financial
feasibility on the amphitheater; whereupon, the City Manager advised that a
quote has not been requested and the contract with Sutton & Kennerly
Associates, Inc., was completed; therefore, another RFP would have to be issued
which could take 60 - 90 days; and it may be beneficial to determine a location
first since it will impact capital costs and whether it will be temporary or
permanent.
Discussion ensued about additional comparative information or
discussion concerning a site, since different sites would have different types of
associated costs. The City Manager reminded Council that a decision was still
pending relating to a new Library, pointing out that the Outlook Roanoke Plan
adopted several years ago suggested the Library be moved further north on the
present site or be relocated. She emphasized that if the Library was not at its
present location, Elmwood Park would be a different site to examine for any
use, and Council should consider this possibility during its discussions; and she
is of the opinion that Council should first discuss the location of an
amphitheater and the process of engaging independent services for cost
estimates once a location decision is made. She stated that the information
from ERA suggested operating costs could mostly be absorbed through the
performance activity, however, absorbing capital costs would largely be
predicated on whether or not the facility was temporary or permanent and how
much Council wanted to invest in back stage activity.
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Mayor Harris advised that in order for Council to have a focused
discussion of the amphitheater issue only, a dinner/work session should be
scheduled for Monday, December 18 at 5 :00 p.m., in the EOC Conference
Room. Council Member Wishneff inquired about a closed session to discuss the
availability of land in downtown Roanoke for an amphitheater; whereupon, the
Mayor offered to consult with the City Manager with regard to the inquiry.
Mr. Younger continued with the power point presentation with regard to
community input into the Master Plan update noting key strengths, key issues
for land, recreation, programs, system-wide key issues, and next steps.
He concluded that the community input would be tested in the citizen
survey, and in January 2007, the level of priority would be shifted.
(For full text, see power point presentation on file in the City Clerk's Office.)
At 11: 15 a.m., the Mayor declared the Council meeting in recess to be
reconvened at 12:00 p.m., for a joint meeting of Council and the Roanoke City
School Board with the City's representatives to the General Assembly.
At 12:15 p.m., the Council meeting reconvened in Room 159, for a joint
meeting of Council and the Roanoke City School Board, with the City's
representatives to the General Assembly, with Mayor Harris and Chair Carson
presiding.
PRESENT: Council Members David B. Trinkle, Brian J. Wishneff (arrived
late), Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea,
Gwendolyn W. Mason and Mayor C. Nelson Harris-muum--muuum-__mmum____7.
ABS E NT: Non e - -00- - - - - 00 __h -. - - _00_ --. - -00- - - - 0000 - - - - 00 00 - - - - 00 00-- - - - - - - - - - 00 -_ - - - - 0000 - - - - -- - - O.
The Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: Mae G. Huff, William H. Lindsey, Kathy G.
Stockburger, and Chair David B. Carson----mum--mmumu_m_mmmum_mmum4.
ABSENT: School Board Trustees Jason E. Bingham, Courtney A. Penn and
Vice-Chai r Alvi n L. Nash--nhn-----n-n----_m__nm_____mmu_mmmm__mmmummm 3.
515
REPRESENTING THE CITY OF ROANOKE: Darlene L. Burcham, City ,
Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; Stephanie M. Moon, Acting City Clerk; and Sheila Hartman, Assistant
City Clerk.
Representing the Roanoke City Public Schools: Marvin T. Thompson,
Superintendent; Dr. Richard Layman, Chief Academic Officer; William Wingfield,
Associate Superintendent for Management; Cindy H. Poulton, Clerk to the
Board; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel.
OTHERS PRESENT: Senator John S. Edwards and his legislative aid Allison
Baird, and Delegate William H. Fralin, Jr.
The Mayor noted that Delegate Onzlee Ware was detained due to a court
case and would not be in attendance.
COUNCIL-SCHOOLS-LEGISLATION: Chair Carson expressed appreciation
for the opportunity to meet with Council and the City's representatives to the
Virginia General Assembly.
Chair Carson introduced Dr. Richard Layman to present the following
school related items contained in the 2007 Legislative Program:
· Full Funding of the Standards of Quality (SOQ) List from Handout -
· School Construction, Maintenance and Debt Service - Handout
· Teacher Salaries - Handout
· School Safety - Handout
· School Calendars - Handout
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(For full text, see School Board related items contained in the 2007 Legislative
Program.)
Delegate Fralin referred to the statewide teacher shortage and tight labor
market and inquired about any recommendations regarding changing the
existing law, and noted that a barrier existed concerning the hiring of retired
military personnel and persons seeking a second career in the teaching
profession. Dr. Thompson stated that there is an excellent program called
"Troops to Teachers" through Old Dominion University; however, only about
25 - 30 individuals have entered the education profession; and there is also a
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career switching program that can be accessed. He pointed out that currently,
Virginia needs about five to 6,000 teachers per year to fill vacant positions and
teacher preparation only produces approximately 1,500 teachers a year. The
Superintendent suggested that an incentive be given to teachers who are willing
to go to an urban area or school division that has greater need and after a
certain period of time, either offer a lower interest rate or forgive the loan.
Senator Edwards inquired about construction needs and an estimation on
construction cost needs; whereupon, Dr. Layman stated that the Literary Fund
Loan program could be used for construction needs, not technology needs and
the State should provide low interest loans for building construction. He added
that the VPSA supplementary loan program is an excellent opportunity to
receive additional funds that could be dedicated to various programs and
indicated a need to identify other revenue sources. Senator Edwards mentioned
that lottery money is pooled into a trust fund and there is optimism of receiving
additional monies for teacher salaries.
With regard to school safety, Delegate Fralin advised that the Virginia
Commission on Youth will conduct a study on alternative schools, admissions
and barriers to admissions, noting that Bedford County and Roanoke County
share a regional academy at the Roanoke Cook School, and asked if the City of
Roanoke had a similar program for students with disciplinary problems;
whereupon, Dr. Thompson advised that the Noel C. Taylor School has a
program for students experiencing disciplinary problems which allow transition
back into the regular school system.
Tom Dick, Legislative Liaison, commented on the following legislative
issues: public safety, securing vacant property, waste container removal, urban
blight, safety issues regarding vehicles, First Cities Coalition's defensive
posture on eminent domain, and Senator Edwards' efforts on property tax relief
for reconstruction in blighted areas and vacant lots. He noted that the School
Board's Legislative Program would be incorporated and supported by reference
in the City's 2007 Legislative Program.
He reviewed the City's 2007 Legislative Program, via power point, as
presented to the Council at its regular meeting on Monday, November 20,
2006.
(For full text, see the City's 2007 Legislative Program on file in the City Clerk's
Office.)
517
Questions and Comments:
Council Member Lea expressed appreciation for support and assistance
given the Domestic Violence Task Force.
Council Member Dowe inquired if cultural agencies would embrace
partnerships with local governments to bridge programs and present a one-
time request for funding.
Delegate Fralin commented that working with fewer entities rather than
several was easier, because priorities must be set when requesting
appropriations, some are on a regional basis with some duplication; and there
needs to be a system for funding programs and projects on an on-going basis.
Senator Edwards thought the best way to encourage committees to
support requests is to present the request from the aspect of showing their
impact on education.
Delegate Fralin added that it is important to understand that other
cultural organizations in Virginia are not funded on an ongoing basis, many are
State agencies being operated by the State government, which seems
congruous and are automatically included in the Governor's budget.
Council Member Fitzpatrick stated there has been very little interest
shown in pursuing legislation with regard to absentee land owners who do not
maintain their rental property, and inquired how the issue could be pursued
with more potential success; whereupon, Senator Edwards stated the issue had
been addressed before, but having a local agent would help in getting legal
papers served, there is a very strong landlord/tenant real estate lobby in
Richmond. Delegate Fralin commented the matter was more complex because
all kinds of entities and businesses own property in Virginia, and the State of
Virginia is very reluctant to make it more difficult to resolve the issue; and
therefore, it seems to make sense to have registered agents in the localities.
He offered to investigate the matter and report back to City Council.
The City Manager urged Council to adopt the ordinance regarding
absentee landlords, making the legislation effective January 1, 2007, thus
making Roanoke the first city within the Commonwealth to take advantage of
the legislation, which was appropriate since it started in Roanoke. She further
stated that she has served on the Governor's Urban Policy Task Force, along
with other managers from larger older urban areas, and encouraged State
legislators to study the Governor's recommendations pertaining to urban areas.
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Senator Edwards stated there are a lot of urban areas within Virginia, and
expressed hope of getting adequate funding for cultural agencies as well as an
increase in teacher salaries in order to bring them closer to the national
average, if possible.
There being no further business, the Mayor expressed appreciation to
Senator Edwards and Delegate Fralin for meeting with the Council and the
School Board to discuss matters of mutual interest and concern to the City of
Roanoke and the City's school system.
At 1: 15 p.m., the Mayor declared the meeting in recess to be immediately
reconvened for a briefing with regard to the HUD Audit from the Roanoke
Redevelopment and Housing Authority, and Chair Carson declared the meeting
of the Roanoke City School Board adjourned.
HOUSING-AUDIT: The Mayor advised that the purpose of the briefing is to
receive a summary of the final report submitted by HUD to the Roanoke
Redevelopment and Housing Authority to receive comments from RRHA with
regard to strategies concerning initial payback requirements from HUD.
Vice-Chair Joseph Lee expressed appreciation for the opportunity to
address specific issues as outlined in the December 1, 2006 HUD audit report,
advising that the Board of Commissioners is committed to addressing all the
findings and corrective actions, specifically the $1.9 million identified for
reimbursement by RRHA to HUD due to violations of procurement regulations;
and the Board will act with the highest regard for its fiduciary responsibility by
taking all the appropriate steps necessary to recoup the full amount identified
by HUD. He further advised that several proactive steps have already been
taken by the Executive Director and staff, such as staff procurement policies,
development of written procedures for capital funds procurement, provisions to
the overall procurement policy, and training of staff regarding the procurement
policy, specifically the filing and retention of documents relevant to all
procurement issues. He stated that the HUD report identified several issues
relative to conflict of interest issues, specifically requesting that the Board, once
reconfigured, receive training regarding ethics and interaction by the Board
regarding conflict of interest. Mr. Lee mentioned that the Executive Director
has advised that training will be scheduled and implemented by the National
Association of Housing and Redevelopment officials, which is the national
overall entity; and HUD has advised of additional investigations and referrals to
other entities, specifically the Office of Inspector General. The Vice-Chair added
that the scope of today's briefing will be limited to addressing steps that RRHA
has taken and not any overall interpretation of specific portions of HUD's
report; the RRHA has 45 days to respond to issues raised in the report; and
staff hopes to have said response within the next two weeks.
519
The Executive Director summarized the following five areas cited in ,
HUD's report:
· procurement issues;
· management assessment system a grading system used by HUD to
rate all public housing agencies
· RRHA's score for 2006 was reduced from 28 points to 11, making
RRHA a troubled housing authority;
· the Hope Six Program which financed to a certain extent the Villages
at Lincoln;
· replacement and capital funding program that also had major
procurement issues; and
· the conflict of interest items cited by HUD in terms of non-compliance.
Mr. Henry advised that there is a management system which will ensure
RRHA is, on a monthly basis, complying with HUD regulatory requirements;
HUD also has indicated that RRHA must repay approximately $1.9 million in
unallowable costs which is directly related to contracts that were improperly
executed and violated HUD requirements. He further advised that the
requirement is an annual contribution contract between RRHA and HUD in
exchange for HUD grant funds. In addition, he explained that HUD
representatives will visit RRHA in March 2007 to perform a management review
of the agency. He pointed out that in terms of procurement, RRHA must submit
all documents to HUD prior to award of a contract, and a Memorandum of
Understanding must be submitted to HUD that outlines what actions to be
taken by RRHA to bring the agency into compliance, along with a timeline. He
stated that until HUD no longer declares RRHA a troubled agency, it must
submit monthly reports to HUD indicating the status of ongoing or completion
of items.
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Council Member Dowe raised the question whether HUD would be willing
to accept incremental payments rather than a large lump sum since the money
allocated may have been for various projects over the course of several months
or years; whereupon, Mr. Henry responded that the issue has not been
discussed with HUD, adding that usually HUD does not demand a one-time
payment unless the agency has funds that are unrestricted which can be used
for such payment; and he would be hard pressed to come up with sources of
funding to extend $1.9 million in unrestricted cash.
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Council Member Wishneff questioned if RRHA could not repay HUD,
would the City of Roanoke be responsible; whereupon, the City Attorney
advised that he would need to study the contracts in order to respond
appropriately. Mr. Henry injected that the City of Roanoke is not a party to the
annual contributions contract, that the City's role is to appoint the Board, and
therefore there is no liability on the City's part. However, it does not mean that
he, as Executive Director, will not ask the City for some financial assistance.
Council Member Wishneff noted that RRHA had relieved its legal staff and
inquired if any legal assistance had been secured; whereupon, Mr. Lee advised
that since all procurements have to be sent to HUD for review, it may be several
weeks before any legal staff is hired.
Council Member Lea inquired about the referrals by HUD to the Office of
Inspector General; whereupon, Mr. Lee advised that HUD will speak more
specifically as to how it intends to deal with the matter in the future; the report
reviewed the impact of RRHA's conformity to HUD's regulations, but did not
review any other issues, specifically issues relevant to the contracts that needed
to be addressed by the Inspector General.
Council Member Lea also inquired if the Office of Inspector General would
be the office to investigate any criminal charges; whereupon, Mr. Henry
responded in the affirmative, adding that depending on the magnitude of the
dollar amount involved, the Inspector General mayor may not decide to
investigate the matter of conflict of interest as a criminal activity. He pointed
out the agency has not been advised of any pending criminal investigation
taking place.
Council Member Mason questioned if the management analysis
assessment will study issues similar to the procurement report, which is
different from the OIG investigation which mayor may not happen; whereupon,
Mr. Henry responded in the affirmative, advising that HUD has indicated it only
reviewed a fraction of the contracts, but would review every contract and aspect
of the agency's program in March 2007.
Mayor Harris advised that Council is scheduled to interview applicants to
fill the vacancies on the Housing Authority Board of Commissioners during its
2:00 p.m. session today and at its December 18 Council meeting in an effort to
bring the Board to full membership. He expressed his confidence in the Board
and the Housing Authority Administration for their appropriate and timely
response to the HUD report.
521
At 1 :55 p.m., the Mayor declared the Council meeting in recess until ,
2:00 p.m., to be reconvened in the City Council Chamber, Room 450, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W.
At 2:00 p.m., the Council meeting reconvened in the City Council
Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor Harris
presiding.
PRESENT: Council Members David B. Trinkle, Brian J. Wishneff, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and
Mayor C. Nelson Harri S____nomumm.____mm_.mm____n___mmmum__n___nommmm 7.
A BS E NT: Non e 00- 000000 00 - - - - -0000-00 00 - - - - - - - _. U 000000 nuu - - - - 00 00-. 00 00 - - - - - - - - - - - - - - - - - 0000000 .
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 Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Gwendolyn W. Mason.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
41
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.
COMMITTEES-HOUSING/AUTHORITY: A communication from the Acting
City Clerk advising of the resignation of Christie Wills as a Commissioner of the
Roanoke Redevelopment and Housing Authority, effective immediately, was
before the Council.
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Council Member Mason moved that Council accept the resignation and
receive and file the communication. The motion was seconded by Council
Member Dowe and adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri sumuu_uuuuunn_n.uuuuuuuumuu_u___nn_nnnn_._u__uuuuuuu7 .
NAYS: Non e - 00 - 00 -00- 00 - - -00- 00 - - 00·-00 - - - - 00 - 00 00 - - 0000 - - 00 00-00- 00 -0000. - - - - - 0000 - - - - 00 00 - - - - 0000 -0 .
COMMUNITY PLANNING·ROANOKE VALLEY RESOURCE AUTHORITY
COMMITTEES-ZONING: Report of qualification of the following persons, was
before Council:
Philip H. Lemon as a member of the Board of Zoning Appeals,
for a term ending December 31, 2009;
D. Kent Chrisman and Henry Scholz as members of the City
Planning Commission, for terms ending December 31, 2010;
and
Robert K. Bengtson as a member of the Roanoke Valley
Resource Authority, for a term ending December 31, 2010.
-
Council Member Mason moved that the report of qualification be received
and filed. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri su_uuun_nnnnnn__nn_uu_uuumuu.uuu_u_uuuu_uuu_uuuu_uuu_7.
NAYS: Non e - u. - - uuu - - uuu 00 __uuu - - - - - 00 0000 - - 000000 - - 000000 00 00 00-0000 - - --0000 - - -000000- -00 0 .
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
CITY CODE-TAXES-PLANNING: Inasmuch as Senator John S. Edwards was
in attendance in support of an amendment of the City Code with regard to
partial real estate tax exemption for new structures, Mayor Harris called upon
the City Manager in connection with the matter.
523
The City Manager submitted a written communication recommending an ,
amendment of the City Code to provide for the partial real estate tax exemption
for new structures within redevelopment, rehabilitation, and conservation
districts.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#37634-120406) AN ORDINANCE amending and reordaining the Code of
the City of Roanoke (1979), as amended, by adding a new Division 5C, Partial
Tax Exemption in Redevelopment and Conservation Areas. and Rehabilitation
Districts. of Article II, Real Estate Taxes Generally Chapter 32, Taxation,
Sections 32-101.20 through 32-101.29; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 103.)
Council Member Mason moved the adoption of Ordinance No. 37634-
120406. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
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AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H ani suuu_u_uuuu_uuuuu_uuoouu_uuuuuuuuu_uuuh__nnnn__.nuuuu7 .
NAYS: Non euuuuuu____uuu____uu_______u_oo________oo_u_____u_oou_uuu0000____000000_0.
Mayor Harris expressed appreciation to Senator Edwards for his efforts
and support of the amendment.
PETITIONS AND COMMUNICATIONS:
POLICE DEPARTMENT-CITY COUNCIL: A communication from Council
Member Sherman P. Lea, Chair, Domestic Violence Taskforce, requesting
Council's support of the initiatives recommended by the Taskforce.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Lea introduced Heather B. Sellers, Pam Forest, Melissa
Harper, Anita Price and Dr. Paula Prince, members of the Taskforce, who spoke
in support of the recommendations.
Council Member Mason moved that the Council concur in the
recommendations and refer the matter to the City Manager for report back to
Council. The motion was seconded by Council Member Lea.
Council Member Dowe asked that consideration be given to offering
information relating to domestic violence in several languages because of the
diversity of people in the community.
Council Member Wishneff suggested that the members of the Task Force
consider representing the area and lobbying before the General Assembly.
There being no further discussion, the motion offered by Council Member
Mason and seconded by Council Member Lea was unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ART ACQUISITION: The City Manager submitted a written communication
recommending adoption of a Public Art Policy.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37635·120406) A RESOLUTION adopting a Public Art Policy to guide the
activities of the City and the Arts Council in managing Roanoke's public art
program.
(For full text of resolution, see Resolution Book No. 71, page 108.)
525
Council Vice-Mayor Trinkle moved the adoption of Resolution No. 37635· ,
120406. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayo r H arri Snnnu__uuuuu_nn_nu_u_u_nu_h_n_uuuuuunhnnnn_uuuuu_nnn_7 .
NAYS: No n e _n____.____UUn_nn___u_______·___nnn__n_U_UnUUnnn_n________0000000000_0.
The City Manager introduced Susan Jennings, part-time Arts Coordinator
for the City of Roanoke.
ROANOKE CIVIC CENTER: The City Manager submitted a written
communication recommending adoption of an official name for the new multi-
purpose facility at the Roanoke Civic Center.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37636-120406) A RESOLUTION naming the Phase II addition of the
Roanoke Civic Center to the Special Events Center.
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(For full text of resolution, see Resolution Book No. 71, page 109.)
Council Member Mason moved the adoption of Resolution No. 37636-
120406. The motion was seconded by Council Member Lea.
Council Member Fitzpatrick stated that the naming of the addition to the
Civic Center was not an adequate name based on what had been invested in the
Civic Center renovation, and offered a substitute motion to table the measure in
order to discuss the naming of the facility further. The motion failed due to
lack of a second.
There being no further discussion, Resolution No.3 7636-120406 offered
by Council Member Mason and seconded by Council Member Lea, was adopted
by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Lea, Mason and Mayor
H arri s - - - 00--00 - - - - 000000 00 - - - - - 00 00 unnu __n__ 00- 00000000 - - - - 00 0000 00 - - __ 00 00 - 00 00-000000----- 00 - - - - - - 00 -0000-6 .
NAYS: Council Member Fitzpatrickmmmu--mu-nmn-----mmummmmm-l.
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GRANTS-ENVIRONMENTAL POLICY: The City Manager submitted a written
communication recommending authorization to submit an application to the
United States Environmental Protection Agency for a Brownfield Revolving Loan
Fund grant, in the amount of $1 million.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37637-120406) A RESOLUTION authorizing the City Manager to submit
an application to the Environmental Protection Agency for a Brownfield
Revolving Loan Fund grant in the amount of $1 million to provide seed money
to start cleanup activities on environmentally challenged sites within the City of
Roanoke; and authorizing the execution of the necessary documents, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 71, page 110.)
Council Vice-Mayor Trinkle moved the adoption of Resolution No. 37637·
120406. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayo r H arri s _u____unnnu__uuu______n_U____m_uu__n_n.________u__n_n_0000________00___7.
NAYS: Non e -00- - - 00 00 0000 __ - - -0000-00 - - 0000 - - - - - 0000__ 00.00 - - - 0000 00 - - __ -00-00--- - - 000000 00 noon - - - 0 .
COMMITTEES-ROANOKE INTERAGENCY COUNCIL: The City Manager
submitted a written communication recommending amendment of Resolution
31301-0 11193 with regard to the membership of the Roanoke Interagency
Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37638-120406) A RESOLUTION re-establishing the membership of the
Roanoke Interagency Council, and providing for an effective date.
(For full text of resolution, see Resolution Book No. 71, page Ill.)
527
Council Member Dowe moved the adoption of Resolution No. 37638- ,
120406. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayo r H arri s _n_n________u__n_____u_______hnnnn___u_nuunn_uu__uu._u--00_0000_______7.
NAYS: Non e _h - - - ----00 - - - - - - Un - - 00 nhU - - - - - - - - - -00- 00 - - - - - - - _._ 00 .0000- - n - - - - unu - - - - -- 00 -000 .
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of October 2006.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
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INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ANIMALS/INSECTS: Vice-Mayor Trinkle advised that he had been
contacted regarding the deer culling program in the City, and he hopes the City
can provide funding for the program in the next fiscal year budget; whereupon,
the City Manager noted that the City's first financial planning session will be
held on Friday, February 16 at 8:30 a.m., and she will provide information
relating to costs and will explore more cost as well as efficient ways to deal with
said issue.
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Mayor Harris suggested that the Council submit items for discussion to
the City Manager or the Acting City Clerk.
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.
Ms. Joy Sylvester-Johnson, CEO, and Lee Clark, Director of Development,
Rescue Mission, gave a brief report on the success of the inaugural "Drumstick
Dash", which was held on November 23, 2006, advising that over 1,700 people
participated from 15 different states, and commended City staff for assistance
throughout the process. She also shared positive comments received from
several participants.
Ms. Amanda Davis, 1998 Cahas Mountain Road, Boones Mill, stated that
she had previously appeared before Council to request a right-of-way across
City-owned property located in the Bennett Springs area of Roanoke County in
order to have access to a 40-acre tract of family-owned land, noting that the
City proposed a draft deed for an exclusive easement, which required
relinquishing a corner from one of two neighbors' property, however, the
neighbor is requesting use of the right-of-way. She requested that the City
grant a perpetual non-exclusive easement and right-of-way. Mayor Harris
referred the matter to the City Attorney for response to Council and Ms. Davis.
Daniel M. Hale, Jr., President, NAACP, spoke on behalf of the Roanoke
Branch, in conjunction with the Roanoke Chapter of the Southern Christian
Leadership Conference (SCLC), requesting the immediate resignation of Council
Member Fitzpatrick due to an alleged conflict of interest while serving as a
Commissioner of the Roanoke Redevelopment and Housing Authority, wherein
contracts were awarded to the Issues Management Group which he was a
partner, as alluded to in a report submitted by the Department of Housing and
Urban Development (HUD) dated December 1, 2006. Mr. Hale stated that HUD
has requested reimbursement for federal funds paid on contracts to the Issues
Management Group from non-federal sources, and inquired as to whose
responsible for the reimbursement to the Federal Government.
Mr. Robert D. Gravely, 729 29'" Street, N. W., spoke with regard to
miscellaneous issues and his subsequent dismissal from City employment.
529
CITY MANAGER COMMENTS-COMMUNICATIONS DEPARTMENT-CITY
INFORMATION SYSTEMS PARKS AND RECREATION-FLEET MANAGEMENT FUND-
ENVIRONMENTAL POLICY: The City Manager announced the following:
,
Roanoke Parks and Recreation received three awards at the 52""
Annual Conference of the Virginia Recreation and Park Society - Mill
Mountain Discovery Center's Mobile Mountain as Best New
Program; Fall Waterways Cleanup Celebration Best New Special
Event; and Frank Baratta received the Distinguished Volunteer
Service Award for his Astronomy Extravaganza programs;
As a demonstration of its continued commitment to environmental
preservation, beginning in December 2006, the City will purchase
bio-diesel fuel and will begin training with the City of Harrisonburg,
who is also a new member of ICLEI, to learn the emissions
assessment method which is the first step in the "Cities for Climate
Protection Campaign"; and
For the fifth time in six years, the Center for Digital Government's
Digital Cities Survey has named the City of Roanoke a top digital
City. Roanoke competed in the survey's 75,000 to 124,999
population category. The survey ranked Roanoke in first place in
2001, 2002, and 2003; fifth place in 2004; and in first place again
in 2005.
t
Ms. Burcham also reported that three new restaurants opened in the City.
In addition, she mentioned that the Tree Lighting Ceremony held on
December 1, 2006, as part of Dickens of a Christmas, was successful. She
reminded the Council of the Christmas Parade scheduled on Friday,
December 8, 2006, and a Pet Costume Parade on Friday, December 15, 2006.
At 3:15 p.m., the Mayor declared the Council meeting in recess for a
closed session.
At 5:05 p.m., the Council meeting was reconvened in the Council
Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, all
Members of Council in attendance, with Mayor Harris presiding.
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COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Fitzpatrick 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 Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
an d Mayor H arri su__uuuu_nn_nnuuuu_nn.uuuuuu_nnn____uu_uu_n_n_uu___u___nn7.
NAYS: Non e -- - - 00 -0000- - - ----0000 - - 0000 - - 0000--. 00 - - -0000- 00 00 __ - _.. 00 00 00 00 - 00 - - noon - - 0000 - - 0000 -0 .
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor
called attention to a vacancy on the Roanoke Civic Center Commission created
by the resignation of John W. Elliott, Jr., for a term ending September 30, 2008;
whereupon he opened the floor for nominations.
The name of Thomas Pettigrew was placed in nomination.
There being no further nominations, Mr. Pettigrew was appointed as a
member of the Roanoke Civic Center Commission to fill the unexpired term of
John W. Elliott, Jr., ending September 30, 2008, by the following vote:
FOR MR. PETTIGREW: Council Members Trinkle, Wishneff, Dowe,
Fitzpatrick, Lea, Mason and Mayor Harrisnn-----------muunnnmnoo____uuu_____nnoo7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor called attention to
two vacancies on the Youth Services Citizen Board created by the expiration of
terms of office of Mark Hurley and Ashley Johnson on May 31, 2006;
whereupon he opened the floor for nominations.
The names of Ashley L. Sailor and Tori Webb were placed in nomination.
There being no further nominations, Ms. Sailor and Ms. Webb were
appointed as members of the Youth Services Citizen Board, for terms ending
May 31, 2009, by the following vote:
FOR MS. SAILOR AND MS. WEBB: Council Members Trinkle, Wishneff,
Dowe, Fitzpatrick, Lea, Mason and Mayor Harrisu---mm_uumnm_nm__uuu_____u7.
531
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor called ,
attention to vacancies on the Roanoke Redevelopment and Housing Authority
Board of Commissioners created by the resignations of Ben J. Fink for a term
ending August 31, 2009; and Gregory W. Cupka ending August 31, 2007;
whereupon he opened the floor for nominations.
The names of Gilbert E. Butler, Jr., and Daniel E. Karnes were placed in
nomination.
There being no further nominations, Mr. Butler was appointed to fill the
unexpired term of Ben J. Fink ending August 31, 2009; and Mr. Karnes was
appointed to fill the unexpired term of Gregory W. Cupka ending August 31,
2007, as Commissioners of the Roanoke Redevelopment and Housing
Authority, by the following vote:
FOR MESSRS. BUTLER AND KARNES: Council Members Trinkle, Wish neff,
Dowe, Lea, Mason and Mayor Harris_n_mmmu__hmmmumumhm_mm_m_____m_6.
(Council Member Fitzpatrick abstained from voting.)
COMMITTEES-GREENWAY SYSTEM: The Mayor called attention to a
communication advising of two vacancies on the Roanoke Valley Greenway
Commission created by the lack of attendance to meetings by Talfourd H.
Kemper, Jr., for a term ending June 30, 2007; and Barry Baird for a term ending
June 30, 2008. The vacancies were assigned to Vice-Mayor Trinkle and Council
Member Mason, respectively.
t
At 5: 10 p.m., the Mayor declared the Council meeting in recess and
immediately reconvened in Council's Conference Room, Room 451, for two
briefings with regard to the Avenham Avenue/Franklin Road Intersection and
the Crystal Spring Streetscape Plan, with all Members of Council in attendance,
with exception of Council Member Wishneff, Mayor Harris presiding.
AVENHAM AVENUE/FRANKLIN ROAD INTERSECTION UPDATE:
Mark Jamison, Manager of Transportation, advised of conversations held
with citizens and the South Roanoke Group with regard to speeding in the
neighborhood. He noted the posted speed limit on Franklin Road is 35 mph,
but motorists sometimes travel between 40 to 45 mph while exiting Franklin
Road onto the ramp to Avenham Avenue, and a study proposes eliminating the
connection at Franklin Road and the ramp area, which will force motorists to
turn through a 90 degree right-turn lane onto Avenham Avenue, and will also
force motorists to slow down prior to turning or continuing on Franklin Road to
Broadway Avenue and McClanahan Street. He indicated that there are some
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532
potential crossing and merging conflict points for turning vehicles, and concern
was expressed about vehicles turning left south-bound from Franklin Road, and
because the traffic volume is not significant at this point, this phase of the
project would cost approximately $125,000.00. However, at some point
consideration may have to be given to adding some left-turn storage lanes
north of the' intersection, which would cost an additional $90,000.00 to
$100,000.00. Mr. Jamison stated that staff will meet with neighbors and the
South Roanoke Group, and at some point, it will be necessary to have a larger
public involvement effort, community-wide, to solicit support for the project
and identify funding.
Council Member Fitzpatrick pointed out that a lot of the traffic traveling
toward Avenham Avenue comes from Roanoke County and other jurisdictional
residents driving to Roanoke Memorial Hospital or the medical complex in order
to avoid the traffic lights on Franklin Road. He considered the project to be a
positive effort to address both speed and volume, and suggested that the
turning lane to travel south onto Franklin Road be narrowed in order for only
one car to be in said lane at one time.
Council Member Mason asked about the impact the project would have
on the speed; whereupon, Mr. Jamison replied that motorists would have to
slow down to make the turn and not enter Avenham at a high rate of speed and
an effort will be made to disguise the turn area to look more like a part of the
neighborhood, and additional monitoring is necessary in order to make a
decision about more changes.
There being no further comments, the Mayor expressed appreciation to
City staff for the presentation.
CRYSTAL SPRING STREETSCAPE PLAN UPDATE:
Phil Schrimer, City Engineer, reviewed the illustrated proposed
improvements plan and preliminary design map. He stated that the main
objective of the project was to achieve some traffic calming and provide nine
additional on-street parking spaces, along with better streetscape, larger
sidewalks and pedestrian crosswalks. He pointed out that the project is fully
funded and the bid documents have been revised to allow for bid alternates in
order to stay within budget, and a spring construction start date has been
determined.
533
Council Member Fitzpatrick requested that the tree in front of Tunnell's ,
Restaurant be removed because of its deteriorated condition, and the proposed
bike rack be placed away from the stores in order to eliminate the congregation
of youth at night in the area.
Vice-Mayor Trinkle inquired about the lighting and how the remaining
residential homes would be incorporated into the "village" area; whereupon, the
City Manager stated that the project's parameters were set by the budget and
the project could not be expanded without Council action. If any property
owner was interested in additional lighting, the Engineering staff would be
pleased to discuss the project and cost; and the City also would work with them
with regard to the design so that it would have some congruence.
There being no additional inquiries and/or comments, the Mayor
expressed appreciation with regard to the presentation.
There being no further business, the Mayor declared the Council meeting
adjourned at 5:25 p.m.
APPROVED
~m'"L~
Stephanie M. Moon
Acting City Clerk
?
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41
ATTEST:
C. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
December 18, 2006
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 18, 2006, at 2:00 p.m., the regular meeting hour, in the Roanoke
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 37467-070306 adopted by
the Council on Monday, July 3, 2006.
PRESENT: Council Members Brian J. Wishneff, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B.
Tri n kle and Mayor C. Nelson Harris------------n---nnnn-------m-_n___n______n____n______7.
A BS E NT: Non e n n_n n_n_ - - --- --- - - -000000- - - - - - --00 00 - - - - - - - - --00 - - - - - - --00- - - __ ______ - - noo n nO.
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 Stephanie M.
Moon, Acting 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 America was
led by Mayor Harris.
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. The Mayor called attention to three requests for
closed session.
535
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 6, 2006, were before the body.
I
(For full text, see Minutes on file in the City Clerk's Office.)
Council Member Dowe moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s ___nnnnnnnnnn__n___nnn_nn_nnnnnnnnnn___nnnn_nnnn_n_nn7.
NAYS: None-n- -- --00----000000----0000-------00----0000-----0000-00--00-00000000-------_____0000___0.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as
amended, was before the Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request of the
Mayor to convene in Closed Session as abovedescribed. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
I
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s 00_00_000000___0000000000000000000000000000__0000000000000000____00__00000000000000_00_00_7.
NAYS: No n eoooohn___n________n_n____n_____nnn__nnnn___nn___ 00_0000___00000000_000000_0.
CITY COUNCIL-CITY CLERK: A communication from Council Member
Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in his request to
convene in Closed Session as abovedescribed. The motion was seconded by
Council Member Fitzpatrick and adopted by the follOWing vote:
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AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s mn__n.nnnnnn m.nno.nnnnnnnnm mnnnnn.o..n.n.nnnnmn.n7 .
NAYS: Non e· moo.. 000000..00 0000....00 00 00..... .0000... .00....... .00... 00__ n. .0000..... .00..... n. 0 .
PURCHASE/SALE OF PROPERTY·CITY COUNCIL: A communication from
the City Manager requesting that Council convene in a Closed Meeting to
discuss acquisition of real property for a public purpose, where discussion in
open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2·3711 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request of the
City Manager to convene in Closed Session as abovedescribed. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s mnmnnn.o.nnnnnnnnnn.__.n.nnnn.n.o.n..nn.mnnn.__nnn.nn7.
NAYS: No n e··n......nnn...n.n.....n.n.o....n.....nn....n.n...._ - 00..0000000000.00......0.
CITY COUNCIL: A communication from Mayor C. Nelson Harris
requesting cancellation of the 9:00 a.m. City Council Work Session scheduled to
be held on Tuesday, January 2, 2007, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe moved that Council concur in the request as
abovedescribed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s .mnn.nn.mnn__n..nnnnnn..nnmnnn.nn.nm.n.o.nnn.nnn.n.n7.
NAYS: Non e o. ·.00.... .00... 00 .00....... ·--·00 00..... 00__.. 00 00......0000·.00.00...... __0000... - -....0.
537
OATHS OF OFFICE· PARKS AND RECREATION-COMMITTEES·
HOUSING/AUTHORITY·PERSONNEL DEPARTMENT·ROANOKE ARTS COMMISSION·
COURT COMMUNITY CORRECTIONS BOARD-BLUE RIDGE BEHAVIORAL
HEALTHCARE-CABLE TELEVISION·VIRGINIA'S FIRST REGIONAL FACILITY
AUTHORITY: Report of qualifications was before the Council:
I
Anthony M. Reed as a member of the Fair Housing Board to
fill the unexpired term of Rich G. McGimsey ending
March 31, 2007;
Robert H. McAden as a member of the Parks and Recreation
Advisory Board to fill the unexpired term of Gwendolyn W.
Mason ending March 31, 2007;
Daniel E. Karnes to fill the unexpired term of Gregory W.
Cupka ending August 31,2007, and Gilbert E. Butler, Jr., to
fill the unexpired term of Ben J. Fink ending August 31,
2009, as Commissioners of the Roanoke Redevelopment and
Housing Authority;
Edward C. Bradley as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 2009;
I
R. Gail Burruss as a member of the Court Community
Corrections Program Regional Community Criminal Justice
Board, for a term ending June 30, 2009;
Susannah Koerber as a member of the Roanoke Arts
Commission, for a term ending June 30, 2009;
Sheri Bernath as a City representative to the Blue Ridge
Behavioral Healthcare Board of Directors, for a term ending
December 31, 2009;
Beverly T. Fitzpatrick, Jr., as the City's representative to
Virginia's First Regional Industrial Facility Authority, and as a
member of the New River Valley Commerce Park Participation
Committee; and
David B. Trinkle as the City's representative to the Roanoke
Valley Regional Cable Television Committee.
I
(See Oaths of Office on file in the City Clerk's Office.)
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538
Council Member Dowe moved that the report of qualification be received
and filed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s ..n._..nnnn._.n.n.nn.n_n.nnnn...nn.nn.n__.nnnnn__.nn.n.00.00007.
NAYS: Non e - 00..... noon 00·...0000 - - 00 -- ·.00 00... - -.... 000000._ 00 -- ·.00..... .00_00.... .000000- 00···0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
TOTAL ACTION AGAINST POVERTY: Theodore Edlich, III, President, Total
Action Against Poverty, introduced Owen Schultz, Director of Planning and
Program Development; and Annette Lewis, Vice President of Programs and
Director of This Valley Works.
Mr. Edlich stated that in 2006 TAP impacted the lives of 2,950 individuals
from 2,270 families and residents in the City of Roanoke by offering assistance
to becoming self supporting members of the community; and TAP has been
able to continue its major initiatives, i.e.: This Valley Works, Families in
Transition through our Women's Center and Transition Living Center, Head
Start, Housing and Community Development, and Financial Services. He noted
that several weeks ago TAP celebrated completion of the Dumas Center which
will open in January 2007; and he appreciated the presence of the Vice·Mayor
and the City Manager.
He called attention to TAP's Volunteer Tax Program that is in its fifth
year, which has helped over 1,700 families gain more than $2.2 million in tax
returns, including $1.1 million in Earned Income Tax and $300,000.00 in Child
Tax Credits; 137 individuals have been enrolled in TAP's Individual
Development Account program which helps families save over $340,000.00
with their savings match to develop long·lasting assets; and 61 of the families
graduated from the program while 32 are now first·time homeowners.
Mr. Edlich stated that TAP is pleased to have played a significant role in
the successful application for the Safe Havens program and the Brownfields
Project; and looked forward to the City of Roanoke taking further advantage of
TAP's seasoned and dynamic grants development department. He was also
pleased to announce that construction will commence in December 2006 on
Terrace North; in the next 24 months renovation will result in 78 new units; in
539
2007 TAP will begin preparing a tax credit application for Terrace South to be
submitted in March 2007; and construction on the units will begin at the end of
2007 and run concurrently.
I
He applauded the City of Roanoke's Domestic Violence Task Force to
reduce the level of domestic violence that robs families of their ability to
prosper; and he inqUired if the City of Roanoke could address the presence of
predatory lenders in the community by statute which would restrict lenders to
no more than 30% interest on any loan, similar to laws in New York City,
Oakland, Washington, Cleveland, Dayton and Detroit.
He commented that TAP makes an important financial as well as human
contribution to the City of Roanoke by employing 224 City residents; its budget
of $15.6 million has an economic impact of $28.4 million with at least $1.6
million or ten percent returning in some form of state or local taxation. In
addition, he mentioned that TAP paid $75,000.00 in property taxes in 2005;
the intervention of TAP's programs produced long term savings of monies that
would have been spent if TAP did not exist; and TAP's downtown commercial
buildings which are fully occupied have supported downtown revitalization,
non-profits end up profiting everyone.
Mr. Edlich explained that the City of Roanoke's 2006 General Fund
contribution of $170,242.00 (a reduction of $30,000.00 from the previous
year) is approximately 1.1 % of their total expenditures yet it was critical money
that helped to fill the gaps and match other dollars; he noted that 95% of TAP's
budget came from money outside the City of Roanoke. In conclusion, he
distributed copies of TAP's Annual Report with an update, along with a letter
from Billye White, TAP's Director of Development.
I
Council Member Dowe asked that TAP quantify the services provided on
behalf of the City; whereupon, Mr. Edlich agreed to submit the documentation
to the City Manager for review.
Council Member Lea congratulated TAP on its efforts in the community
because TAP helps people help themselves and he expressed appreciation for
the continued commitment to the City. He inquired if the City is bound by
some statute regarding the high fees charged by predatory lenders in the
community; whereupon, the City Manager advised it is her understanding that
said limits are set at the State level. The City Attorney advised there was a bill
considered by the General Assembly that would have imposed some limits on
the fees, but unfortunately the bill did not receive support.
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540
Council Member Wishneff expressed appreciation for TAP's programs and
noted the number of programs TAP has served as an incubator for the State and
the Country. Mr. Edlich announced that a dental initiative would be launched in
Alleghany County and the City of Roanoke.
Council Member Fitzpatrick advised that as Chair of the Legislative
Committee, the matter concerning the predatory lenders is a major issue and
there does not appear to be any concerned constituents, except those having to
pay and suggested that TAP, along with other fellow organizations across the
State, bring the issue to the state legislators.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: Briefings with regard to the Central Mobility Study and the Reserve
Avenue Plan were deferred until the end of the regular agenda session.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written communication recommending acceptance of the Bulletproof Vest
Partnership Grant from the U. S. Department of Justice, in the amount of
$22,736.00; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37639-121806) A RESOLUTION authorizing acceptance of the
Bulletproof Vest Partnership Grant made to the City of Roanoke by the
Department of Justice, Office of Justice Programs, Bureau of Justice Assistance,
and authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 71, page 112.)
Council Member Mason moved the adoption of Resolution No. 37639-
121806. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s n_m 000000---00000000000000-0000000.000000.00-000000000000-0000--.0000-0000000000000000_7 .
NAYS: Non e __________00__0000________ 00________._00___000000____00000000_______00000000____000000___0.
541
Council Member Dowe offered the following budget ordinance:
I
(#37640·121806) AN ORDINANCE to appropriate funding from the
federal government for the Bulletproof Vest Partnership Grant, amending and
reordaining certain sections of the 2006·2007 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of resolution, see Resolution Book No. 71, page 113.)
Council Member Dowe moved the adoption of Ordinance No. 37640·
121806. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s .mnnnnmnnnnn.nnnn.nnnnn.nnnnnnnnnnnn.nnnn.n_n.nn7.
NAYS: Non e 00....00..... -.. .00...00.... -... n - 0000__00...... .0000. 00.............00....00 .00. 00.... - 0 .
POLICE DEPARTMENT·TRAFFIC·BUDGET-GRANTS: The City Manager
submitted a written communication recommending acceptance of the
Aggressive Driver Grant from the Virginia Department of Motor Vehicles, in the
amount of $5,000.00; and appropriation of funds. I
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37641·121806) A RESOLUTION authorizing acceptance
Aggressive Driver Grant made to the City of Roanoke by the
Department of Motor Vehicles, and authorizing execution of any
documentation on behalf of the City.
of the
Virginia
required
(For full text of resolution, see Resolution Book No. 71, page 114.)
Council Member Mason moved the adoption of Resolution No. 37641·
121806. The motion was seconded by Vice·Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
and Mayor Harris n__mnmmnn_nn_.nnmnm.n_nnn.nnnnnn.n.nn.nnnnn.mnnn7.
NAYS: Non e 00.. noon -..... 00 00.. .00.._ - - - - __. 00 0000......._ -00000000. 00.............00..00 00·······0.
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542
Council Member Dowe offered the following budget ordinance:
(#37642,121806) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Aggressive Driver Grant, amending and
reordaining certain sections of the 2006·2007 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 115.)
Council Member Dowe moved the adoption of Ordinance No. 37642·
121806. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s nn.mnnnnnnn.n.._nnn_nn.nnn.nmnnnnnnnn.n.n__nn_._.nnn7.
NAYS: Non e 00 .0000... - - -. 00000.......00 00..00...... - _..... 0000 00.... - - -00000 00...... - 00..00 00.... -..0.
STATE HIGHWAYS: The City Manager submitted a written communication
recommending adoption of a resolution endorsing participation in the Virginia
Department of Transportation Revenue Sharing Program.
(For full text, see communication on file in the City Clerk's Office.)
Vice·Mayor Trinkle offered the following resolution:
(#37643·121806) A RESOLUTION supporting the City of Roanoke's
participation in the Virginia Department of Transportation's Revenue Sharing
Program.
(For full text of resolution, see Resolution Book No. 71, page 116.)
Vice-Mayor Trinkle moved the adoption of Resolution NO.3 7643-121806.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
and Mayo r H arri s __000000000000000000000.00.....00.000 mnnmnnnnOOnnnnm 00000000000000.000000.7 .
NAYS: No nennn..........__nn__n.n...._ .00..000000..__0000......000000.0000_....00.....00...000.
543
ZONING·SCHOOLS: The City Manager submitted a written communication
recommending authorization to file an application to amend Proffered
Condition No.2, in connection with the Patrick Henry High School rezoning.
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Vice·Mayor Trinkle offered the following resolution:
(#37644·121806) A RESOLUTION authorizing the filing of a petition to
amend Proffer No.2 in the Third Amended Petition filed February 10, 2006, on
property which is owned by the City of Roanoke and located at 2102 Grandin
Road, S. W., designated as Official Tax No. 1460101.
(For full text of resolution, see Resolution Book No. 71, page 117.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7644·121806.
The motion was seconded by Council Member Fitzpatrick.
In response to Council Member Lea's inquiry regarding the amendment to
the Patrick Henry High School rezoning petition, R. Brian Townsend, Director of
Planning, Building and Economic Development, stated that the amendment of
Proffer NO.2 would modify the structural composition of the northern façade of
the stadium section to reduce the size of the façade, lower the height of the
grandstand, and allow for the planting of additional evergreen trees.
Council Member Lea also asked if the stadium would be available for
sports activities by September 2007; whereupon, Mr. Townsend responded that
the anticipated date is August 2007, the beginning of the high school football
season.
I
There being no further discussion, Resolution No. 37644·121806 was
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
H a rri s· .n.n_. 0000 00.......00 .00. 00 - - _0000...... _. 00 00 _. 00.·00 00 00 00........00 .00.00_00......00 00 00.. 00 - - 00 00 00·6.
NAYS: Cou nci I Me m be r Wis h neffmmmm.mmnnmmmmm_m.mmmnm. 1 .
STATE HIGHWAYS·SCHOOLS: The City Manager submitted a written
communication recommending authorization to submit an application to the
Virginia Department of Transportation for a Safe Routes to School Project Grant.
(For full text, see communication on file in the City Clerk's Office.)
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Council Member Dowe offered the following resolution:
(#37645·121806) A RESOLUTION authorizing the City Manager to submit
an application to the Virginia Department of Transportation for a Safe Routes to
School Project grant to provide funds for infrastructure improvements to
facilitate students walking and biking to school as well as program support
through the development of a Safe Routes to School plan; and authorizing the
execution of the necessary documents, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 71, page 117.)
Counci.1 Member Dowe moved the adoption of Resolution No. 37645-
121806. The motion was seconded by Vice-Mayor Trinkle.
Vice·Mayor Trinkle asked if the infrastructure improvements included
buses, routing software, etc. The City Manager responded that the grant was
specifically directed towards creating a safe route for children to walk or bike to
school.
I
There being no further discussion, Resolution No. 37645·121806 was
adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s m.._._nn_n..__.._...n.n......n....nn...._nn_n.nn......nn.....ou---n---··7 .
NAYS: Non e· 000 00 00.. .00. 00 - - _. .__... .._.00..... .00.... - 00......00__00000000.......00....000...00___0.
POLICE DEPARTMENT·HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written communication recommending execution of a 2006·2007
CDBG/HOME Subgrant Agreement with Blue Ridge Housing Development
Corporation, Inc., in connection with the "Officer at Home" (OATH) program.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37646-121806) A RESOLUTION authorizing the City Manager to enter
into the 2006·2007 Community Development Block Grant ("CDBG") and HOME
Investments Partnerships Program ("HOME") subgrant Agreement with Blue
Ridge Housing Development Corp. ("BRHDC"), upon certain terms and
conditions.
I (For full text of resolution, see Resolution Book No. 71, page 119.)
545
Council Member Mason moved the adoption of Resolution No. 37646·
121806. The motion was seconded by Council Member Dowe.
Council Member Dowe advised that his father serves on the Board as a
non·compensated member, and questioned whether he should abstain from
voting on the matter due to the relationship. The City Attorney stated that
there would be a conflict of interest only if the parent receives compensation,
resides in the same household and is claimed as a dependent. Based on the
City Attorney's response, Council Member Dowe noted, for the record, that
being conflict of interest, he would cast his vote.
There being no further discussion, Resolution No. 37646·121806 was
adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayor H arri s .mnn_nnu.nnn.nmnnnn..nn.n.nn..unn. mnm.nn_nnunnnnn·7 .
NAYS: Non e·· 00.... .00.._ - - _00_....00 00 00......... -... .0000.00....0000....00. .00. 00.... - -. - - - -... 00·0 .
LEASES·COMMONWEALTH OF VIRGINIA BUILDING: The City Manager
submitted a written communication recommending execution of an amendment
to the Lease Agreement dated March 28, 1984, with the Commonwealth of
Virginia Department of General Services for space located in the Commonwealth
Building at 210 Church Avenue, S. W.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37647,121806) AN ORDINANCE authorizing a fourth amendment to an
existing lease between the City of Roanoke and the Commonwealth of Virginia,
Department of General Services/Division of Engineering and Buildings, for an
extension of such lease for office space for certain departments of the
Commonwealth of Virginia at City owned property known as the Commonwealth
Building located at 210 Church Avenue extending such lease from November 1,
2006 until October 31, 2007, for the Department of Corrections and from
November 1, 2006 until July 31,2007, for all other departments, upon certain
terms and conditions, and dispensing with the second reading of this ordinance
by title.
(For full text of ordinance, see Ordinance Book No. 71, page 120.)
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Council Member Dowe moved the adoption of Ordinance No. 37647·
121806. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri s _m_____nnn__.n______nn_n_____nnn.__nn._n_n______..n___._0000____.00_0000__7.
NAYS: Non e - -.- - - - - - - -00. - - 0000 - - - - - - 000.00 - - - - - 00-00- - - 00 00 .00---.- 00 - - - - -00 .0000- nOOn - - - _._ 00 -00 0 .
CITY CODE-LICENSES: The City Manager submitted a written
communication recommending amendment of the City Code to require that a
business license certificate be physically displayed in a visible location at the
place of business.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37648-121806) AN ORDINANCE amending and reordaining Section
19-28, Displav or exhibition of license, of Chapter 19, License Tax Code, Code
of the City of Roanoke (1979), as amended; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 121.)
Vice·Mayor Trinkle moved the adoption of Ordinance No.3 7648-121806.
The motion was seconded by Council Member Mason.
For clarification purposes, the City Manager advised that the City
currently does not require the displaying of a business license, and due to
numerous complaints regarding non-payment of various taxes and fees, an
amendment to the City Code will require every person who pays a license tax to
post the business license certificate issued in a convenient and visible place at
its establishment, and whenever reqUired to do so, must present the receipt of
payment of business license tax to authorized City personnel for inspection.
There being no further discussion, Resolution No. 37648-121806 was
adopted by the following vote:
547
AYES: Council Members Wish neff, Dowe, Fitzpatrick, Mason, Trinkle and
Mayo r H arri s - --- - - _n_._ - - - - 00 00 - _.. 00 noon - - - - _. - 00 -000000- 00 - - 00 00 0000 00 _.. -_ 00 00 00 - - - - - - 00 00 00 00 00-.00.00 - 6.
NAY S: Non e -. noon - _..00 __ 00 - - - - 000000._ - - - - - - - - - 00 -noon. - - -00-.- 00 - _. - -0000-00- 00 00 Un n' - - - 00 - 0 .
(Council Member Lea was not present when the vote was recorded.)
REPORTS OF COMMITTEES:
SCHOOLS: The Roanoke City School Board submitted a communication
requesting appropriation of funds to various programs; and the Director of
Finance submitted a report recommending that Council concur in the request.
(For full text, see communication and report on file in the City Clerk's Office.)
Council Member Dowe offered the following budget ordinance:
(#37649-121806) AN ORDINANCE to appropriate funding from the
Federal and Commonwealth governments to support various school grants and
programs, amending and reordaining certain sections of the 2006-2007 School
Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 122.)
Council Member Dowe moved the adoption of Ordinance No. 37649-
121806. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Mason, Trinkle and
Mayo r H a rr i s 00- - - - 00 00 - - - - 00.00_ - - - - .00-..00 - - - - - - - 00 00000000 n' - 00 00-.00 00 - - - - 00-0000 - - - - - - 00 00 -. - - - - - - 00 - - - - 6 .
NAYS: Non e 00 noon - - 00 00 -.00 - - - - - - 0000 - - 00 00 - 00 - - 0000 noon - - - - -00- 00 00.. 00-0000 00000000 00 00 -- 00---0 .
(Council Member Lea was not present when the vote was recorded.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
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548
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
NATIONAL LEAGUE OF CITIES: Council Member Dowe expressed
appreciation for the opportunity to represent the City of Roanoke at the
National League of Cities Congress of Cities Conference in Reno, Nevada, from
December 5 - 9, 2006, noting that participants learned of the continuing
challenges faced by communities affected by Hurricane Katrina, and were made
aware that due to limitations on federal government assistance, many
communities are struggling with decisions to help neighboring communities.
He remarked that the National Black Caucus of Local Elected Officials (NBCLEO)
solicited him to serve as a committee member. In addition, the recent
occurrence of a comedian making racial slurs, he suggested that NBCLEO
request City Council Members to revisit diversity training if they were not
already doing so.
ACTS OF ACKNOWLEDGEMENT: Council Member Mason expressed
appreciation to City Council and staff for their inquiries concerning her father
during his recent illness.
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.
SPECIAL EVENTS-AMPHITHEATER: Lawrence A. Landolt, Executive
Director, Event Zone, complimented the City staff on the 2007 City calendar,
noting the events and festivals prominently featured throughout the calendar,
with eight of the 12 events featured in Elmwood Park. He advised that the
Event Zone is the promoter of many of the large and well-known festivals and
events in downtown Roanoke; and they work in conjunction with many other
non-profit organizations who sponsor events and festivals in the City by
assisting with the permit process, etc. He further advised that the Event Zone
Board of Directors supports the idea of an amphitheater for the City of
Roanoke; and some of the reasons for their support include it being a great
source of pride for City residents, the economic impact, and the City becoming
an entertainment destination throughout the whole region. He stated that the
Event Zone Board takes no stand and is completely neutral in terms of a
location for the amphitheater, but the Board wants to make Council aware that
if an amphitheater is built in Elmwood Park, it could have an unforeseen impact
on the non-profit organizations and other groups who run events and activities
in downtown and Elmwood Park. He added that Elmwood Park is currently, by
far, the single most used downtown venue for non-profit events, festivals and
activities, and is also the only true City-owned event venue in downtown.
549
Mr. Landolt pointed out that during July 1, 200S through June 30, 2006,
there were 60 days of non-profit activities in Elmwood Park, and on 39 of those
days, there were over 1,000 people. He noted that during said 60 days, there
were approximately 95,000 people in attendance at various activities, and 27
different non'profit organizations participated in events in Elmwood Park. He
indicated that if an amphitheater was built in Elmwood Park, it could draw some
of the activities outside the City, thus not bringing people to downtown and
could have an overall negative impact on the non-profit organizations that use
events for fundraisers and awareness for their programs.
AMPHITHEATER-BIOMEDICAL PARK: Mr. Jay E. Foster, 3726 Heatherton
Road, S. W., advised that he is President of a local technology company and past
President of the Regional Technology Council, and is excited about the
opportunity to have an amphitheater in Roanoke. He emphasized that the
location is extremely important to maximizing its long term impact on the
region, and the Reserve Avenue location appeared to be the optimal location for
an amphitheater since it is a natural extension of Jefferson Street as a main
thoroughfare in Roanoke. He spoke about riding down 1-581 and seeing the
Star on Mill Mountain, downtown Roanoke, the new Carilion building, and the
proposed Riverside Biomedical Park site and he realized that Roanoke is a
substantial urban center in Southwest Virginia. He stated that the key is to
position and brand the amphitheater to put the City of Roanoke on the map as
well as in the minds of young professionals and companies considering locating
to the region. He advised that tying downtown Roanoke to the Reserve Avenue
location and traveling to the Star is another important key which could ideally
extend to downtown Roanoke. He further advised that an amphitheater inside
of the proposed Riverside Biomedical Park is an ideal location for young
professionals for entertainment and hopes the Reserve Avenue location will be
the chosen site.
DOWNTOWN ROANOKE-PARKS-AMPHITHEATER: Mr. Edwin C. Hall, 218
23'· Street, S. W., representing Downtown Roanoke, Inc. (DRI), and the
Amphitheater Committee for DRI, advised that DRI consists of business owners,
property owners and taxpayers in downtown Roanoke, and they are very excited
that an amphitheater could be located in Elmwood Park. Mr. Hall mentioned
that the largest percentage of young professionals are in favor of an
amphitheater being located in Elmwood Park. He noted that on November 30,
2006, DRI passed a resolution which was submitted to Council highlighting the
importance of an amphitheater in Elmwood Park, adding that downtown is the
cultural and entertainment hub of southwestern Virginia, and an amphitheater
located within walking distance of the downtown core could enhance the
customer appeal of retail shops and dining establishments. Mr. Hall stated that
young people would prefer to walk less than a quarter of a mile after enjoying
their entertainment; and since Elmwood Park hosts a significant amount of
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550
community events, it is crucial for the long term success of the community that
the City reconcile the needs of existing events with new ones. In closing, he
requested that Council consider the resolution adopted by DRI.
DOWNTOWN ROANOKE: David A. Diaz, Executive Director, Downtown
Roanoke, Inc. (DRIl, advised that nationally, downtowns across the country are
experiencing significant changes, i.e.: culture, entertainment and living. He
stated that young professionals and empty nesters prefer an urban lifestyle,
which has helped to refocus downtown living. He suggested that Council
consider how other downtowns in the country are making this venture
successful.
VICTORY STADIUM: Mr. Jim R. Fields, 501 Cooper Cove Road, Hardy,
Virginia, suggested that the City look at other cities such as Charleston, West
Virginia, to determine the best site for an amphitheater.
SCHOOLS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke about
sports including NASCAR, football, hockey, basketball, tennis, soccer and
lacrosse. She indicated there is continued confusion over where schools are
playing football games; and strong Council representation is needed to be fair
to all people in all sections of the City.
NEIGHBORHOOD ORGANIZATION: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., asked Council members and City officials to remember the citizens who
are losing their history because of City development; and requested that the
City pledge to preserve the history and culture in Historic Gainsboro, including
Henry Street.
AMPHITHEATER: Mr. John Anderson, 2729 Crystal Spring Avenue, S. W.,
was of the opinion that the amphitheater on Reserve Avenue is one of the
smartest things City government has considered, adding it is time for the City
to look outside the Valley to draw people from allover the country, and the
amphitheater could put Roanoke on the national map.
CITY MANAGER COMMENTS:
CITY COUNCIL-CITY EMPLOYEES: The City Manager distributed
information regarding top accomplishments of City departments during 2006,
called attention to the Mayor's request to cancel the 9:00 a.m. Work Session
scheduled for Tuesday, January 2, 2007, as listed on the Consent Agenda, and
reminded the Council and citizens that the Council meeting would commence at
2:00 p.m. in the Council Chamber.
551
She also expressed appreciation to Members of Council for their
attendance at the City's Holiday Luncheon on Thursday, December 14, 2006,
noting that 18 City employees have served or are currently on active duty-
three in the United States and three outside the Country. She remarked that the
City received an American Flag that had traveled to Iraq with Louis Cross, a
Code Inspector for the City.
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At 3:30 p.m., the Mayor declared the Council meeting in recess for three
closed sessions.
At 4:30 p.m., the Mayor reconvened the Council meeting in the Council's
Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building,
for a briefing with regard to the Central Roanoke Mobility Study.
CENTRAL ROANOKE MOBILITY STUDY:
Ian Shaw, Senior City Planner, Planning, Building and Economic
Development, advised that in June and July 2006, Council was briefed with
regard to several alternatives in connection with the Central Roanoke Mobility
Study, alternatives which have been condensed in order to move forward with
the projects, and identified some shorter and long term improvements. He
introduced Paul Anderson, representative of Hayes, Seay, Mattern and Mattern,
and Michael Gray, representative of VDOT, for a presentation.
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Messrs. Anderson and Gray briefed Council with regard to the following
alternatives:
· Alternative A - Orange Avenue & Williamson Road Partial Cloverleaf
· Alternative B - Orange Avenue & Williamson Road (Diverging Diamond)
· Alternative C - Elm Avenue Interim Improvements
· Alternative D - Elm Avenue Long Term Improvements (SPUI)
· Alternative E - Franklin Road/Colonial Avenue/Wonju Street Long Term
Improvements
· Alternative F - Franklin Road/Colonial Avenue/Wonju Street Interim
Improvements
· Alternative G - Roberts Road to Overland Road Connector (Bridge and Fill)
· Alternative H - Roberts Road to Overland Road Connector (Full Bridge
Option)
(See detailed list of alternatives on file in the City Clerk's Office.)
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There was in-depth discussion of the recommended plan and traffic flow.
Mr. Anderson indicated that Alternative (B) was a variation and operational as
Alternative (A), with the exception of the handling of the traffic along Orange
Avenue; and referred to the Elm Avenue area, noting more of a distinct
difference between the short term and long term improvements.
There was considerable discussion concerning traffic patterns and
turning radiuses regarding exiting Williamson Road onto Elm Avenue as well as
reducing the stack up of traffic, and traffic exiting and merging onto 1-581. Mr.
Anderson remarked that there would be costs involved for retaining walls.
Mr. Anderson advised that Franklin Road and Wonju Street were two more
interchanges that had to be treated together, putting Alternative (F) before
Alternative (E), which is the interim step to the long range plan. He pointed out
that there was discussion about the possibility of constructing a lane
underneath Brandon Avenue for southbound traffic, stating that the railroad
would need to be cleared 23 feet and a tunnel would cost five to ten times as
much as a bridge; however, the matter had not been studied because there may
be access issues. He noted that the Colonial Avenue improvements were
approved, a traffic signal was introduced along Wonju Street, along with a
crossover and a service left turn lane, and the loop ramp was eliminated, which
solved some safety problems.
Vice-Mayor Trinkle inquired as to the difference in cost between the short
term and long term alternatives in connection with the Franklin Road/Colonial
Avenue/Wonju Street long term and interim improvements; whereupon, Mr.
Anderson estimated that the cost was approximately $8 - $10 million, and
pointed out that adding the exit ramp would require a lot of fill work.
Mr. Anderson referred to the Roberts Road to Overland Road Connecters
which are ideas to fill in a missing link between the traffic flowing in South
Roanoke and the Virginia Western-James Madison area. He advised that the two
alternatives are basically the same, with the difference being the treatment of
the area between the Interstate and the railroad. He stated that Alternative (G) is
filled and Alternative (H) is all bridge structure, which would be more
expensive, but would allow connection to the Virginia Western campus, and
Alternative (H) would cost an additional $1 million. He further stated that the
initial reaction of Virginia Western officials concerning the bridge structure were
not favorable.
There was discussion about ownership of various pieces of land in the
Virginia Western Community College area, and since the work was not
confirmed, Federal funds probably would not be provided, and the cost of the
project would be approximately $20 million. He interjected that the project is a
553
long range idea with some benefit, but the question is would the benefit
warrant the cost.
Council Member Wishneff inquired about the responsibility for
completion of the half constructed loop at Valley View Mall; whereupon, it was
advised that the State would be responsible. The City Manager commented that
in order to complete the loop, feeder roads on both sides are needed and there
may be some difficulty in obtaining property rights.
In conclusion, it was stated that the City desires to move forward with the
recommendations, and HSMM intends to complete the report by early February
2007. Since Council has taken action on VDOT's Six Year Plan, whereby Elm
Avenue is one of the approved projects, staff plans to report back to Council
with a recommendation, and thereafter will begin the Elm Avenue project with
the interim improvement.
At 4:55p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in the EOC Conference Room, Room 159, first floor,
Noel C. Taylor Municipal Building, for a presentation with regard to the
Amphitheater Study.
ARMORY/STADIUM/AMPHITHEATER: The City Manager stated that
Council had received an advanced copy of Economics Research Associates (ERA)
final report, Analysis of Market Support for an Outdoor Amphitheater in the
Roanoke Area, and Preliminary Financial Analysis, dated November 21, 2006,
and called upon Sherman Stovall, Director of Management and Budget, to
review the summary of the consultant study:
Mr. Stovall reviewed the folloWing:
. General Considerations
o Use of an exclusive promoter with extensive experience
o Maximum capacity of 7,000, including lawn seating
o Covered stage and sheltered seating for 2,000 to 3,000 under a
permanent canopy
o Temporary seating to provide flexibility for different artists
o Supporting facilities (permanent restrooms, parking, box office,
concession stands, production office)
o Back of stage facilities
. Preliminary Financial Analysis
o Key Assumptions:
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· Rental Fee - $1,500 commercial; $1,000 non-profits
· Average Revenue Per Ticket - $24.20
· Food and Beverage - $9 per person
· Merchandise - $2 per person
· Lawn Chair Rental - $.20 per person
· VIP Parking - $ 5 per person/per concert
· Concert Series Sponsorship - $1 per person
· Naming Rights· $15,000 annually
Promoter Facility Owner
Year 1 ($238,992.00) $6,600.00
Year 2 ($72,312.00) $6,600.00
Year 3 $94,368.00 $6,600.00
Year 4 $101,035.00 $6,600.00
Year 5 $107,702.00 $6,600.00
-'---.. _h ._..______.____ .~._._.._---_._--
o Projected admission tax revenue in Year 1 is $53,240.00,
growing to $75,388.00 in Year 5
· Location Considerations:
o Good highway access to and from site
o Proximity of residences that would be affected by noise from
concerts
o Ample parking next to and in the vicinity of the facility
o Area perceived to be safe
o Visually pleasant surroundings
o Elmwood Park
· Smallest of four sites reviewed
· Differences in elevation
· Good highway access
· Parking lots and garages in the area
· Given current use for evening concerts during Festival
In The Park, noise spillover may be manageable
o Explore Park
· Remote location compared to other sites
· Difficulty with access
o Orange Avenue
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· Good highway access
· Site closest to existing residences
· Noise from 1-581 could be a problem
· Site should be able to accommodate some of the
needed parking, with Civic Center serving as an
additional resource
o Reserve Avenue
· Site can be reached easily
· Outdoor concerts previously held on site
· Fewest residences in close proximity
Discussion:
Council Member Wishneff inquired about the consultant's projected gross
revenue per commercial concert of $128,000.00; whereupon, Mr. Stovall stated
the consultant made certain assumptions with respect to the average ticket
price of $24.20, and attendance in the first, second and third year, which is the
stabilized year, with paid attendance of about 3,500 people and about 16
events per year. He further stated the consultant assumed that the non-profit
agencies would pay a lower rate and at a minimum would pay the City for the
cost of the day of event related expenses.
Council Member Wishneff asked why 7,000 seats were being
recommended; whereupon, Mr. Stovall advised that the recommendation was
based on the possibility to accommodate more than the average attendance.
The City Manager stated that about 3,000 of those seats would be non-
permanent seating, and there would not be much of a difference in terms of the
back of the stage and the setting up for a performance, and only the physical
space is needed to accommodate additional portable seats.
Steven Buschor, Director of Parks and Recreation, using the
Charlottesville facility was used as an example, commented that the facility was
built on a site between five and seven acres, containing about S,OOO seats, and
the City's seating configuration would be based upon the land terrain
availability.
For clarification purposes, regarding the cost per 1,000 seats, the City
Manager advised that the cost would be dependent upon the type of
amphitheater, such as seating capacity, covered or non-covered, permanent or
temporary. Council Member Wishneff did not think it was a good idea to spend
an additional $3 - $4 million to accommodate 7,000 people, when 80 - 90
percent of the events would seat 3,000 spectators.
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Vice-Mayor Trinkle stated that there are professionals that may wish to
partner with the City in determining the type of amphitheatre based on their
experience, and the key is to do it right the first time, with options for future
expansion, if it is successful. The City Manager stated that the biggest expense
would be the stage and the "behind the stage" activities, and the other expense
would be based upon fixed seating versus informal seating, and the capacity for
informal seating.
Council Member Wishneff asked for the attendance count that would be
considered a "sellout" at an Elmwood Park event; whereupon, Mr. Buschor
stated about 2,200 and 2,600 people.
Council Member Wishneff asked about the process to solicit ideas from
promoters; whereupon, the City Attorney advised of the Request for Proposal
(RFP) process for general proposals, and the possible use of the new Public-
Private Education Facilities and Infrastructure Partnership Act (PPEA) process.
Council Member Wishneff suggested that data be gathered regarding the
Elmwood Park site so that the information would be available when discussions
commence with potential promoters.
The City Manager stated that Council needed to make some decisions
with regard to both sites. She noted that the Elmwood Park site could include
the possibility of relocating the Library off-site, and the Reserve Avenue site
could suggest a location similar to the site referenced in the Concept Plan, with
part of the Armory being used as the back of the stage. In addition, Council
needed to reference some minimum incentives for consideration, because
investors may not invest their time or money in the various steps; and she
could not represent Council very well unless some decisions are made.
Vice-Mayor Trinkle thought conversation should center around the issue
of location, since Council must consider the amphitheater project and the
Master Plan for the Reserve Avenue site, which is a bold signature park. He
noted that preference was given to the Reserve Avenue site, which would afford
more flexible seating for different types of events. He was concerned that the
City may get into a prolonged debate that could result in having no
amphitheater. He was of the opinion that the Reserve Avenue site would
provide the opportunity for a complementary synergistic park that would
compliment the downtown and ultimately Mill Mountain. He suggested that the
City give thought to connecting all three sites, which would help bring more
venues to the table. In addition, he thought the Council should look at where
the amphitheater should be located and refer the matter to the City Manager
and staff to begin developing concepts of partnerships. He also suggested that
the City contact the Gator Aquatic Center to inquire about a partnership with
the City.
557
Council Member Fitzpatrick stated that the City needed to proceed with
caution regarding the location of the amphitheater. He, along with many
others, had spent 30 years working on the development of downtown Roanoke
and were not going to arbitrarily agree to the development of the Reserve
Avenue site: and therefore he agreed that additional details were needed before
making any recommendation(s). He did not think the amphitheater was the
cornerstone of the Reserve Avenue development, but a major part, and the
project should be viewed as a regional project. He added that consideration
should also be given to the effect the completion of the Biomedical Clinic would
have on the parking deck, which could impact the availability of parking spaces
for the amphitheater and park. In conclusion, he requested information
regarding of a fair evaluation of the summary before making a site choice.
Council Member Dowe stated that while in attendance at the 2006
Congress of Cities and Exposition in Reno, Nevada, he heard a presentation
with regard to what communities are doing to set themselves apart from other
communities, and through conversation with others, he learned that the
national promotional/entertainment community has tagged Roanoke as a
community that does not support events. In that light, he inquired about
information that would be needed by promoters in order for Roanoke to be
considered; Mr. Stovall replied that the consultant's findings reflect that
promoters like back-of-stage areas to accommodate all of the artists, amenities
such as restrooms and parking, all of which make the site more attractive.
The City Manager indicated that an area needed to be in close proximity
to another venue for attracting an act that helps to offset some of the
promoter's costs by booking artists in multiple locations that have ease of
travel; and the report reflected that the farther away the promoter is from
Roanoke, the less interested they are. She thought that the key to a long·term
relationship is not just what happens in Roanoke, but what happens in other
venues that the promoter is also involved in, because it is a "package" that he
would be selling.
Mayor Harris agreed that Council had to make some decisions relative to
the size and scope of the amphitheater prior to an RFP, but thought some of
the information needed was already contained in the consultant's findings; i.e.:
the Market Study has already determined that the City should have an
amphitheater with a maximum capacity of 7,000, with a covered stage and
sheltered seating for 2,000 to 3,000, with permanent restrooms, adequate
parking, box office, concession stand, production office, back-of-stage
facilities, etc. He asked if, in order to move the matter forward, Council could
Simply state their willingness to adopt the findings of the Market Study relative
to an amphitheater facility, and thereafter, solicit proposals using a specific set
of criteria to be applied to the Reserve Avenue site, based upon the assessment
of the Leon Younger & PROS report; and also applying the same criteria to the
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Elmwood Park site, but offer some flexibility in terms of "as it is" and with the
removal of certain structures. He added that if all things were equal, with a
similar set of pros and cons, he would move in the direction of the Reserve
Avenue site because it would allow for the project to proceed versus having to
deal with the issues concerning Elmwood Park.
Mayor Harris inquired if the criteria given to the Council by the consultant
in the Market Study were sufficient enough for an RFP and site direction, given
what is known about the Elmwood Park site and Leon Younger's assessment of
the Reserve Avenue site; whereupon, the City Manager stated that if Council
was to settle on the two above mentioned sites and accept the criteria, she
would need clarification pertaining to the Reserve Avenue site because the
concept that had been put forth was the possible use of 7,000 to 10,000
square feet of the Armory as the back of the stage, which is a little bit of an
entanglement similar to the Library at the Elmwood Park site. Regarding the
Reserve Avenue site, she asked whether the Armory was a critical element;
whereupon, Mayor Harris responded that the Armory could be looked at as a
potential back-of-stage facility, or the Reserve Avenue site viewed as if the
Armory was non-existence.
Council Member Mason stated that she may not be the only member of
Council who suffers from the malady of "consultant fatigue", and asked if it was
possible for City staff to do the calculations internally given the City had already
received the study and criteria; whereupon, Mayor Harris responded that since a
significant amount of money would be spent on the project, it is preferred that
professionals with expertise relative to the amphitheater speak from
experience.
Council Member Wishneff added that parking and traffic information
should also be considered in the assessment; whereupon, the City Manager
stated the report reflected there would need to be 435 parking spaces per
1,000 people, and the closeness of parking was another matter that needed to
be considered.
Following additional comments, Council Member Wishneff offered a
motion that the City solicit request for proposals to include elements for each
site such as broad cost estimates, parking, traffic, etc. The motion died for lack
of a second.
Based upon unanimous consent by Council, the City Manager was
instructed to proceed with the process.
559
There being no further discussion or comments, the Mayor recessed the
Council meeting at 6:30 p.m., to be reconvened at 7:00 p.m., in the Council
Chamber, Room 450, Noel C. Taylor Municipal Building.
At 7:00 p.m., the Council meeting reconvened in the City Council
Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson
Harris presiding.
PRESENT: Council Members Brian J. Wishneff, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B.
Tri n kle and Mayor C. Ne I son Harrisn_______mn_mmm_nmnh____nn.mmmmmou___ 7.
A BS E NT: Non e --.. - -.0000 - - noon - - 00 00 0000 0000000000.. - noon 00 - - - - 00 0000 00 - 00.. _. 00 00 00 00 00 00 00 00 O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Boy Scouts Troop No.8, Raleigh Court United Methodist Church.
Mayor Harris expressed appreciation to Boy Scouts Troop No.8 for their
attendance and participation.
PUBLIC HEARINGS:
BONDS/BOND ISSUES-SCHOOLS: Pursuant to instructions by the Council,
the Acting City Clerk having advertised a public hearing for Monday,
December 18, 2006, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the approval of the issuance of general obligation "qualified zone
academy" bonds, in an amount estimated not to exceed $1,097,571.00 to
finance certain rehabilitations, repairs and/or equipment in connection with
Patrick Henry High School, the matter was before body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 24, 2006, and Friday, December 1, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
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Council Member Fitzpatrick offered the following resolution:
(#37650-121806) A RESOLUTION authorizing the issuance of a
$1,097,571.00 General Obligation Qualified Zone Academy Bond (Patrick Henry
High School), Series 2006, of the City of Roanoke, Virginia, to be sold to Bank of
America, N. A, and providing for the form and details thereof.
(For full text of resolution, see Resolution Book No. 71, page 123.)
Council Member Fitzpatrick moved the adoption of Resolution No. 37650-
121806. The motion was seconded by Council Member Dowe.
Kenneth F. Mundy, Executive Director of Fiscal Services, Roanoke City
School Board, appeared in support of the approval of the bond issuance.
The Mayor inquired if there were persons present who wished to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
There being no further questions or comments by Council, Resolution No.
37650-121806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri Snnn----.n.nn_n__non_nn_nn...___n_nnnn_on_nnnn.n_nnn_._n_00·..-7.
NAYS: Non e .00- 00 -. -00-.- _000000_..00_.00 - - -0000-..- _. 0000-- 00 - - -000000- - - 00 - -00. - - -00- - - noon -00000 .
ZONING: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the Acting City Clerk having advertised a public hearing
for Monday, December 18, 2006, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke to rezone a tract of
land located at 4803 Williamson Road, N. W., in order to permit construction of
a fire station on the site, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, December 2, 2006, and on Saturday, December 9, 2006.
(See publisher's affidavit on file in the City Clerk's Office.)
561
The Planning Commission submitted a written report recommending
approval of the rezoning request for the subject property to CG, Commercial-
General District, with proffered conditions to allow construction of a fire
station; the northern Williamson Road corridor was specifically identified as the
appropriate location for a new fire station by the Williamson Road Area Plan;
however, the City Planning Commission was concerned that the proffered site
plan and elevations do not fully support design elements listed in the City's
Comprehensive and Neighborhood Plans.
(For full text, see report on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37651-121806) AN ORDINANCE to amend §36.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 200S, as amended, to rezone certain property
within the City, subject to certain conditions proffered by the applicant; and
dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 71, page 128.)
Council Member Dowe moved the adoption of Ordinance No. 37651-
121806. The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who wished to speak in
connection with the public hearing. There being none, he declared the public
hearing closed.
Vice-Mayor Trinkle inquired about a timeline for the final design, and
suggested that Council be provided the opportunity to review the design prior
to construction.
There being no further questions or comments by Council, Ordinance No.
37651-121806 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r H arri snn_n_nnnn_nnnnnnnnnnnnnh.nn.nnn_.hn_nnnn_..n_n_nnn___7 .
NAYS: Non e - - 00 00 00 _. - - 00 00000000 00 __ 00 00 U___ 0000. - 00 00 00 - - _. - - - - - - - - -. - _.. - 00 -_ __ -000000- 00 00 n' - -0.
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OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: A petition filed by Paula Anselmo,
appealing a decision of the Architectural Review Board, which was rendered on
October 12, 2006, that no Certificate of Appropriateness be issued with regard
to property located at 637 Mountain Avenue, S. W., for the installation of a
French door, was before Council.
(For full text, see appeal on file in the City Clerk's Office.)
Mr. Keith Hummer, a resident at, 637 Mountain Avenue and advised that:
·
Ms. Anselmo has elderly parents that live in Massachusetts, both have
various health issues, and she wants to relocate them to Roanoke in order
to care for them.
Accessibility to the house is an issue, ie: several steps leading up to the
front entrance of the house; no side entrances; and a 90-foot walk from
the alley through the grass to the back entrance on the deck.
Setback guidelines on either side of the house prohibit construction.
The Americans with Disabilities Act allows for reasonable modification.
Removed a four foot-wide door and installed a four-foot wide French
door. Only change to the structure was approximately 16 inches cut from
the ceiling where the window used to be to the ground, which was not a
structural change.
Chose a French door design that resembled the rest of the house.
On August 31, 2006, the Building Inspector sent a letter requesting
removal of the French door.
Appeared before the Architectural Review Board on October 12, 2006,
seeking approval of the installation of the French door, relying on both
the Fair Housing Act and the Virginia Fair Housing Act, which allows for
reasonable modification. The request was denied.
·
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·
·
In closing, Mr. Hummer further advised that if reasonable modifications
to the structure cannot be made, they would have to move because Ms.
Anselmo could not accommodate her mother.
Mr. Hummer asked Council to overrule the decision of the Architectural
Review Board in order to allow the reasonable modification to the house.
Lora Katz, Chair, Architectural Review Board, advised that:
· The Architectural Review Board's job is to help people in the planning
stages to make improvements that would enhance the Historic District,
and to reach reasonable accommodation in a way that will fit into the
563
historic character of the house; but in this case, the work was done
before anyone was made aware, and installation of a modern set of
French doors would not have happened.
· On August 29, 2006, Ms. Anne Beckett, Architectural Review Board Agent,
spoke with Keith Hummer about the recent replacement of a large front
window with French doors at the residence owned by Paula Anselmo at
647 Mountain Avenue, S. W., which is located in the H-2, Neighborhood
Preservation District. Ms. Beckett advised that the door replacement
would require a Certificate of Appropriateness issued by the Architectural
Review Board (ARB).
· On August 31, 2006, a notice of zoning violation was sent to Paula
Anselmo.
· On September 11, 2006, Ms. Anselmo filed an application for a Certificate
of Appropriateness for the replacement door. The ARB considered the
application on October 12, 2006. Staff recommended denial because the
request was not consistent with the H-2 Architectural Guidelines for Basic
Design Principles and for Windows and Doors.
· Mr. Hummer appeared before the ARB on behalf of Ms. Anselmo and
asserted that the Federal Fair Housing Act allowed reasonable
accommodations for handicap accessibility.
· The French doors installed did not comply with ANSI (American National
Standards Institute) because the door leaves are too narrow. The original
front door entrance meets minimum width requirements of 32" for
handicap accessibility.
· Mr. Hummer stated that the front yard was too small for a handicap
ramp. Staff researched the ANSI Standards and found that doorways shall
have a clear opening width of 32" minimum and at least one of the active
leaves of the doorway shall comply with the minimum opening (American
National Standard-Accessible and Usable Buildings and Facilities ICC/ ANSI
A 1 17.1-2003 Section 404 Door and Doorways).
· The request to approve the application failed by a 0-5 vote (Allison
Blanton and Donald Harwood were absent).
· On October 13, 2006, Ms. Anselmo was formally notified of the denial
and of her right to appeal the decision to City Council.
· On November 8, 2006, Ms. Anselmo filed an appeal of the ARB'sdecision.
· The main premise of the H-2 Architectural Guidelines is to maintain the
historic fabric that characterizes buildings and make them unique. This
applies specially to doors and windows, roofs, and siding. All fabric needs
to be maintained properly and preserved to add to the overall historic
character of the neighborhood.
· Staff could not identify any applications to the ARB to replace a front
window with a door or set of doors or any previous appeals to City
Council related to the denial of a request to replace a front window with a
door. The typical front elevation of a historic house in the H-2 Historic
District consists of a front door flanked by a picture window and a small
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564
window to light the interior staircase. Staff could not identify any other
properties in the Historic District whereby a front window was changed to
French doors. Nor could staff identify any French doors on the front
elevation of a historic house in the Historic District.
· Mr. Hummer is a contractor and he should have come before the
Architectural Review Board to seek a reasonable accommodation. The
French doors do not meet the guidelines of the district; however, the
existing main entrance door of the structure does meet the Americans
with Disabilities Act guidelines and the new International Building Code.
· The French doors need to be removed and the opening turned back into a
window.
· The Architectural Review Board is willing to work with Mr. Hummer in any
way possible to enhance the character of the Historic District and to
create another entry if something other than a normal handicap entrance
is needed.
On behalf of the Architectural Review Board, Ms. Katz recommended that
Council affirm the Board's decision to deny the issuance of a Certificate of
Appropriateness.
(For full text, see report on file in the City Clerk's Office.)
Mr. Kevin Earl, 529 Day Avenue, S. W., the outgoing President of Old
Southwest, Inc., commended the petitioner for the work done overall, such as
the removal of artificial siding and fresh paint. He stated that Old Southwest,
Inc., supports the H-2 guidelines and would support any reasonable
modifications with the approval of the Architectural Review Board.
Council Member Wishneff asked Mr. Hummer if he knew, in advance, that
he had to file a petition with the ARB. Mr. Hummer felt they had a right to
make the changes because of the Fair Housing Act, which was the more
governing statute, and the only recommendation the ARB made was that Paula's
mother could have access into the house from the back, but they felt differently
as there would be a 90-foot trek across the yard, with exposure to the
elements.
Council Member Dowe inquired whether carrying someone, disabled or
not, came under the auspices of the ADA or Fair Housing Act; whereupon, the
City Attorney stated that it was not usually considered an acceptable
accommodation.
565
Mr. Hummer stated that the ADA allows for a ramp in front of the house,
at the proper pitch and level, and an ADA compliant front door. However, they
felt it would be very expensive and very intrusive to have a large ugly structure
permanently in front of the house, which is another reason they thought the
French doors would be a more reasonable modification. Mr. Dowe stated there
still exists a fair degree of subjectivity to interpreting the Historic District
guidelines and what type of precedent to set.
I
Council Member Fitzpatrick asked Mr. Hummer for an explanation as to
why they did not ask if the City would work with them before making the
modification; whereupon, Mr. Hummer stated that he and Ms. Anselmo thought
there was a higher calling in the Federal and State statutes, and that one is
allowed to modify their home in anticipation of a handicapped person or for an
elderly person in Virginia. Council Member Fitzpatrick stated that although
they were aware of the historic requirements in Old Southwest, they still did not
take the time to make the necessary inquiries. Mr. Hummer questioned
whether the ARB's decision was a punitive decision to punish him for not
following the rules or for attempting to interpret Federal and State statutes.
Council Member Wishneff stated that when Council created the ARB, it
decided there should be an appeal process; and he was supportive of the
petitioner's appeal, given all the investment, time and energy in the I
improvements to the house, Southwest, and the City.
Council Member Dowe did not have any problems with the appeal
process, but the guidelines are set, not with one or two considerations, but with
comprehensive plans, citizens and neighborhood decisions; and stressed that
if Council consistently determine during the appeals process things Council
may need to holistically review, he is of the opinion that Council will need to be
courageous to make the necessary changes; and his discomfort comes from a
precedent being set that thumbs its nose at the process that created the
guidelines. He personally thinks the modification was reasonable under the
circumstances, but was not done according to the rules, and therefore, he
would have to support the ARB decison.
Mayor Harris asked Ms. Katz to brief Council on the ARB's discussion and
vote on the petitioners' request; whereupon, Ms. Katz stated that the ARB vote
was unanimous, the issue was that the request was after the fact. She stated
that the ARB consisted of people with diverse backgrounds, discussion was
difficult, and Mr. Hummer was not open to suggestions at the time because the
doors were already installed.
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566
Mayor Harris asked if the modification by Mr. Hummer would have been a
viable option to consider if he had honored the process; whereupon, Ms. Katz
stated it might have been if it was a last resort. She added that the situation
had been uncovered by another homeowner whose request to install French
doors had been denied by the ARB.
Council Member Mason asked Ms. Katz if there was anything the ARB
could or should do that would eliminate the "I did not think I had to" syndrome,
was there any public outreach or education, or did the ARB feel it had done
everything to ensure that people understood the historic guidelines. Ms. Katz
stated that the ARB notifies property owners yearly, as well as, and at the time
of closing when property is purchased in historic districts. She suggested that
the Board notify contractors to make them aware they will be held accountable
for performing work within the Historic District without the proper certificate,
and that some sort of fine will be imposed.
The City Manager noted that a request had been included in the past two
Legislative Programs to try to get legislative authority to require building
permits for certain kinds of activities that traditionally did not require a building
permit in order to catch some of these types of problems.
R. Brian Townsend, Director of Planning Building and Economic
Development read the following considerations for basic design principles and
for windows and doors on historic buildings:
· Rehabilitation in the H-2 District should respect the architectural
character of a building and its surroundings.
· Maintain original materials and features that characterize a building and
make it unique.
· Repair deteriorated materials instead of replacing them.
· Windows and doors 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.
· Periodic maintenance is necessary to prevent deterioration.
· Identify and keep the original materials and features of windows such as
size and shape.
· Do not enlarge or fill in windows or doors on any prominent side of a
building.
567
Mr. Townsend stated that the ARB was not being arbitrary or capricious
by denying the request because everything Mr. Hummer did, taking out the
window, enlarging the area for a door, was in direct conflict with the
established and adopted guidelines of the H-2 District.
I
Council Member Wishneff moved that based upon the evidence
(testimony and documents) presented to the Council, the decision of the City of
Roanoke Architectural Review Board on October 12, 2006, be reversed and that
a Certificate of Appropriateness be issued for the approval of an existing
window to door replacement at 637 Mountain Avenue, S. W., as set forth in the
Petition for Appeal, on the grounds that the proposed installation is of the same
design as the materials on the building and the proposed installation would
maintain the architectural defining features of the building. There being no
second, the motion failed.
Council Member Lea moved that based upon the evidence (testimony and
documents) presented to the Council, the decision of the Architectural Review
Board on October 12, 2006, be affirmed and that no Certificate of
Appropriateness be issued approving existing window to door replacement at a
structure located at 637 Mountain Avenue, S. W., as set forth in the Petition for
Appeal, on the grounds that the doors are not of the same design as the
materials on the building and the proposed installation would not maintain the I
architectural defining features of the building. The motion was seconded by
Council Member Dowe, and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle and Mayor
H arr i s n... 00 - - 00 -00-.00. 00 - 00 - - - - 00 00 00 - - - - - - -00. 00- _. 00 00 -.0000 - - - - - - -00- 00 00 - - - 00 - - _. 00 - - -. -00000000- - - 00 00 00 - 6 .
NAYS: Cou nci I Me m be r Wi sh neffnnmm_m__mm.__hn___n.nnnmm___nmm 1 .
ARCHITECTURAL REVIEW BOARD: A petition filed by Aubrey M. Hicks,
appealing a decision of the Architectural Review Board, which was rendered on
November 9, 2006, that no Certificate of Appropriateness be issued with regard
to property located at 648 Day Avenue, S. W., for the replacement of a metal
roof, was before Council.
Mr. Hicks advised that:
·
On October 1, 2006, he hired a contractor to replace the failed metal roof
on his house, but did not follow up closely about the details of the entire
project and took a lot of things for granted.
He admitted to making a mistake by not seeking a Certificate of
Appropriateness from the Architectural Review Board.
He felt it would be in character with 16 of the other homes on the street
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568
to replace the metal roof with architectural correct shingles.
· Section 36.2-530(b)(2) of the City Code states "No Certificate of
Appropriateness shall be issued unless the Architectural Review Board, or
the City Council on appeal, finds that the proposed erection,
reconstruction, alteration, or restoration is architecturally compatible with
the structures or historic landmarks in the applicable historic district."
Just the mathematics alone says the shingles would have been included in
the majority of the existing roofs.
· He and his wife were trying to rehab the property on a very limited
budget.
· Once he realized his mistake, he contacted the ARB's agent to offer to
pay a fine so that his property would be protected from inclement
weather.
· The ARB voted to deny the petition four to three; however the Chair had
advised that had he come forward initially, the request probably would
have been approved.
· He thought that by hiring a contractor, all permits and certificates would
be handled appropriately.
· He noted that he violated the Stop Work Order and was subjected to the
threat of an arrest.
· He stated that the codes, within the City, in general have become
excessive and almost oppressive at times.
In closing, Mr. Hicks stated that one of the last changes in the code that
benefited his neighborhood was when another sitting Council approved the
zone density. Mr. Hicks shared photos of the old and new roofs, and asked
Council to reverse the decision of the Architectural Review Board.
Lora Katz, Chair, Architectural Review Board, highlighted comments from
the Board:
. Mr. Hick's house has an embossed metal shingle.
· The ARB has approved the architectural shingles in the past, but not as a
replacement for a metal shingle roof because of the difference in the
texture of the roof.
· The ARB was not contacted initially to see the condition of the roof, only
some photographs of one existing side of the roof were available.
· During the ARB meeting, Mr. Hicks was asked for the name of the
contractor, but did not furnish the name.
· The ARB decision was a split 4-3 vote, and some members felt that had
the matter come before the ARB in the correct order, the architectural
grade shingle would have been approved.
569
.
The decision of the ARB was difficult inasmuch as Mr. Hicks had gone
through the process five years ago when he installed a railing on the
front of the house. Although the ARB denied Mr. Hick's request which
was upheld by City Council, he kept the railing, and several members of
the Board thought this was a test to see if he could get things done in the
Historic District.
On behalf of the Architectural Review Board, Ms. Katz recommended that
Council affirm the Board's decision to deny the issuance of a Certificate of
Appropriateness to Mr. Hicks.
(For full text, see report on file in the City Clerk's office.)
The following individuals spoke in connection with the appeal:
Mr. Jim Thompson, 546 Elm Avenue, S. W., stated that he has renovated
several houses and commended Mr. Hicks for attempting to renovate his home;
and deemed it unfair to require Mr. Hicks to purchase a $20,000.00 roof
especially since the homes and streetscape has not been architecturally pure for
30 years. He added that Mr. Hicks' choice of roofing material does not distract
from the historical streetscape or shape of the old houses.
Mr. Mark Keri, 813 5'" Street, S. W., stated that in 1982, he purchased a
home in Old Southwest. When a proposal for a historic district was presented
to the residents in 1985 and 1986, he voted in favor of a historic designation,
thinking it would be a real asset. However, if the proposal was presented
today, he would not vote in favor of it inasmuch as his vote was based on the
assurances that the H-2 designation would encourage preservation, not
increasing layers of bureaucracy. Although he does not agree with Mr. Hicks'
method, he thoroughly agrees with Mr. Thompson's assessment that it is time
to make the process more citizen friendly. He added that Mr. Hicks should be
held accountable, but advocated that Council should allow the roof replacement
to proceed; and suggested that the process be overhauled.
Mr. Jim Woltz, Copper Hill, commended the Council and the ARB for the
work to improve Old Southwest. He suggested that Mr. Hicks be allowed to
complete the necessary improvements on his house to prevent further
deterioration and financial burden, and for Council to review the mission of the
ARB.
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570
Mr. Kevin Earl, 529 Day Avenue, S. W., stated that residents of the Old
Southwest neighborhood rely on the City Code to protect their investments
through application and enforcement of the ordinance on each property as
consistently as possible; and over the years, citizens have supported and
helped establish legal documents, such as the nationally recognized Old
Southwest Neighborhood Plan, that set out the process for determining the
physical characteristics that make Old Southwest unique and most appropriate
to preserve its characteristics. He added that the Architectural Review Board
process was established for all residents in the H-2 Zoning Districts, not just
those who choose to abide by them. He urged the Council to deny Mr. Hicks'
appeal and request that he develop a plan to obtain a Certificate of
Appropriateness for his roof consistent within the H-2 zoning guidelines.
Mr. Bob Powell, 431 King George Avenue, S. W., stated that the matter
goes beyond replacing a metal roof with a shingle roof; and enforcement
reaffirms protection of the investment individuals have made in their property
located in the historic districts and for neighborhood revitalization, as well as
sends a warning to "slum lords" who like to dance around the issue.
Vice-Mayor Trinkle noted both cases were difficult and required tough
decisions by all parties. He agreed with Council Member Wishneff with regard
to the appeal process. He asked Mr. Hicks if he was aware that he had to
appear before the ARB to request a Certificate of Appropriateness; whereupon,
Mr. Hicks replied that he hired a contractor and was not aware that a certificate
had not been obtained until the day the Stop Work Order arrived. Although, he
learned his lesson about the appeal process in 2000 with regard to the railing
at his residence, he was not aware that permits were not in place prior to the
commencement of the work on the house. He referred to Ms. Katz's comment
that the ARB never was able to determine if the roof leaked, and stated he had
used six plastiC children's swimming pools as his rain containment system. At
this point, Mr. Hicks shared before and after photographs of the roof with the
Council.
Vice-Mayor Trinkle stated that Council has requested an update on the
appeal process and the intent of the ARB. He asked the City Attorney if there
was a Code provision for fines, or if the only recourse was to ask that the metal
roof be put back on. The City Attorney responded that the matter was still in
the General District Court and is considered a criminal matter, with fines at the
discretion of the Court. Mr. Hicks interjected that the case is under advisement
until City Council renders its decision regarding his appeal.
571
Council Member Dowe called attention to the consistencies between the
two appeals, stating that he is not convinced that either request before Council
or the Architectural Review Board was totally unreasonable, but that Council
had to use the laws and regulations available to deliberate matters. He
suggested that Council consider reviewing the process, create some timeframes
and include all interested parties, as well as the law, regulations and statutes
used within the Old Southwest neighborhood and historic districts.
Council Member Lea stated he concurs with Council Member Dowe's
comments, and he is of the opinion that Mr. Hicks made an honest mistake in
assuming that the contractor would get the proper certificate/permit. He
appreciates Mr. Hicks' remorse and intentions to correct the situation, and is
leaning toward supporting Mr. Hicks' appeal.
Council Member Fitzpatrick indicated that the City's intent was not to
create an economic burden for its citizens in the historic districts, but to help
protect the investments made by homeowners trying to renovate their
neighborhood. In closing, he supports the City's review of the process to
determine whether or not adjustments are necessary.
The City Manager pointed out that in either 2000 or 2001, the City
reviewed the guidelines, held a series of meetings, and revised the guidelines at
the recommendation of the ARB and the citizens.
R. Brian Townsend, Director, Planning, Building and Economic
Development, reminded Council that the City received a grant from the State
Department of Historic Resources to help fund the review of the guidelines
again, and would begin the process in the spring and throughout the early
summer of 2007. He commented that the Zoning Ordinance adopted in
December 2005 reconfirmed the Historic District zoning in the City, and the
upcoming process would review the details of the guidelines to determine
what's appropriate for the Historic District today versus 1987. At the
conclusion of the process, the Administration will report its findings to Council
and will recommend that Council endorse the findings of the reevaluation by
the ARB, the consultant and the community.
Council Member Lea called attention to the 4 - 3 vote of the ARB which
demonstrated there was some uncertainty among the members of the Board;
whereupon, Ms. Katz stated that the ARB had a difficult discussion because the
Board had to determine, as a group, whether they would have had Mr. Hicks
repair a roof that they could not see. She explained that Mr. Hicks had asked a
former Board member two years ago to come to his house to look at the roof
because it had started to leak and he wanted to know what he could do to save
it, and at that time remediation was given. According to Mr. Hicks, he could not
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572
find the coating that was recommended, therefore, he tried something else,
which made the roof worse because the coating was not compatible. The
discussion by the Board was whether they would have approved the roof for
replacement if the information had been provided to them when the roof was
intact; and there was disagreement amongst the Board members as to whether
they would or would not have approved the replacement. She was of the
opinion that the Board would have approved the replacement if the information
had been provided.
Mayor Harris asked Ms. Katz whether the ARB would allow under certain
circumstances the replacement of a roof of the type of tin or metal such as that
on Mr. Hicks' house with architectural shingles if it was in a state of disrepair,
and whether or not that would have been an option under that type of situation.
Ms. Katz replied that some Board members thought that if the roof was rusted
through they would have allowed the asphalt shingles; and whereby, other
members felt if it was rusted through they would have looked for a more
appropriate material that replicated the pattern of the tin roof, which is sold at
Lowes. She advised that the Board did not see any documentation in terms of
actual cost for replacement with a metal shingle, but felt it would be more
expensive; and the Board was cognizant of the fact that most people in the
Historic District do not have the money to put back metal roofing because it is
quite expensive, and therefore, has allowed slate roofing replacement with
asphalt shingles in the past.
Council Member Dowe asked if there were options available for Mr. Hicks
so that he does not have to deal with the water coming into his home and still
be consistent with the Historic District; whereupon, Ms. Katz replied that it was
difficult at this point because the shingles were basically gone and there are
none to put back. She advised that there could be some negotiation in the way
the installation is completed which may help mitigate the change to the roofing.
Vice-Mayor Trinkle asked about the length of time the roof replacement
has been delayed; whereupon, Mr. Hicks advised that the house has been
without various extents of the roof since October. The Vice-Mayor agreed that
Mr. Hicks would have been better off if he had used the process, however, the
delay with installing the roof was punishment enough and he would support Mr.
Hicks' appeal.
Following discussion, Council Member Lea moved that Council reverse
the decision of the City of Roanoke Architectural Review Board on November 9,
2006, and that a Certificate of Appropriateness be issued to replace a metal
roof with an asphalt shingle roof at 648 Day Avenue, S. W., as set forth in the
Petition for Appeal, on the ground that the proposed installation is of the same
design as the materials on the building and the proposed installation would
maintain the architectural defining features of the building.
573
The motion was seconded by Vice-Mayor Trinkle and defeated by the
following vote:
AYES: Council Members Wishneff, Lea and Vice-Mayor Trinklemmmmm3.
NAYS: Council Members Dowe, Fitzpatrick, Mason, and Mayor Harris----4.
Due to the defeat of the previous vote, Council Member Mason offered a
motion that Council affirm the decision of the City of Roanoke Architectural
Review Board on November 9, 2006, and that no Certificate· of Appropriateness
be issued to replace a metal roof with an asphalt shingle roof on a structure at
648 Day Avenue, S. W., as set forth in the Petition for Appeal, on the grounds
that the proposed installation is not of the same design as the materials on the
building and the proposed installation would not maintain the architectural
defining features of the building.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, and Mayor Harris-----4.
NAYS: Council Members Wishneff, Lea, and Vice-Mayor Trinklenmmmm3.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
ECONOMIC DEVELOPMENT-CITY EMPLOYEES: Mr. Robert Gravely, 727 29'"
Street, N. W., appeared with regard to economic growth in the City and
adequate pay for City employees.
At 9: 10 p.m., the Mayor declared the Council meeting in recess for
continuation of the closed session.
At 9:30 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, Mayor Harris
presiding.
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574
COUNCIL: With respect to the Closed Meeting just concluded, Vice-Mayor
Trinkle 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 Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle
an d Mayo r Harri Snn--n.nnmn_n__.n.nnnnn.____.n_nnn_nnnn_nnnn.n.__nnnnn___n7 .
NAYS: Non e 00 - - 00 00-- 00-.00 - - - - 0000 - - 00·.00 - - - - - - - 0000 - _'. 00 00 00 - - - - - - -.00-- 00 - - - _0000_._ - - -00- - - - - - 0 .
HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the
Roanoke Redevelopment and Housing Authority Board of Commissioners
created by the resignation of Christie Wills for a term ending August 31, 2010;
whereupon he opened the floor for nominations to fill the vacancy.
The name of R. Gail Burruss was placed in nomination.
There being no further nominations, Ms. Burruss was appointed as
Commissioner of the Roanoke Redevelopment Housing Authority Board to fill
the unexpired term of Christie Wills ending August 31, 2010, by the following
vote:
FOR MS. BURRUSS: Council Members Wish neff, Dowe, Lea, Mason, Trinkle
an d Mayo r Harri Sn-- -0000-.--000---000000-----------..000000-----0000-00------0000-.----00-----.00---------6.
(Council Member Fitzpatrick abstained from voting.)
GREENWAY SYSTEM: The Mayor advised that there is a vacancy on the
Roanoke Valley Greenway Commission created by the lack of attendance of
Barry Baird for a term ending June 30, 2008; whereupon he opened the floor for
nominations to fill the vacancy.
The name of James B. Lee was placed in nomination.
There being. no further nominations, Mr. Lee was appointed as City
representative to the Roanoke Valley Greenway Commission to fill the
unexpired term of Barry Baird, ending June 30, 2008, by the following vote:
FOR MR. LEE: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason,
Tri n kle and Mayor Harri Smnmmnm.mmmn.nmmmn_nmnm_mnn_nmm.nm_m7.
575
ROANOKE CIVIC CENTER: The Mayor advised that there is a vacancy on
the Roanoke Civic Center Commission created by the expiration of term of
office of Debbie Connor ending September 30, 2006; whereupon he opened the
floor for nominations to fill the vacancy.
I
The name of Judy Jackson was placed in nomination.
There being no further nominations, Ms. Jackson was appointed as a
member of the Roanoke Civic Center Commission, for a term ending
September 30, 2009, by the following vote:
FOR MS. JACKSON: Council Members Wish neff, Dowe, Fitzpatrick, Lea,
Mason, Tri n kle and Mayor Harrisu.hummm._.___ummmmm_nn_mnmnmm_mn_7.
ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy
on the Roanoke Arts Commission created by the resignation of Susan W.
Jennings for a term ending June 30, 2008; whereupon he opened the floor for
nominations to fill the vacancy.
The name of Donald Jackson was placed in nomination.
There being no further nominations, Mr. Jackson was appointed as a
member of the Roanoke Arts Commission to fill the unexpired term of Susan W.
Jennings, ending June 30, 2008, by the following vote: .
I
FOR MR. JACKSON: Council Members Wishneff, Dowe, Fitzpatrick, Lea,
Mason, Tri n kle and Mayor Harri Smnnn_.mmmmm.mmmm_mm_nuoummmm·_7.
There being no further business, the Mayor declared the Council meeting
adjourned at 9:35 p.m.
APPROVED
- tnlð)/lt'J
tephanie M. Moon
Acting City Clerk
Q.~~
ATTEST:
C. Nelson Harris
Mayor
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576
SPECIAL SESSION---ROANOKE CITY COUNCIL
January 2, 2007
9:30 a.m.
The Council of the City of Roanoke (Personnel Committee) met in special
session on Tuesday, January 2, 2007, at 9:30 a.m., in the Carilion Biomedical
Institute Boardroom, 117 Church Avenue, S. W., City of Roanoke, with Mayor C.
Nelson Harris presiding, pursuant to the following communication from the
Mayor under date of December 21, 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, Meetinqs of Council Generallv, of the Charter of
the City of Roanoke, I am calling a Special Meeting of the Council
(Personnel Committee) on Tuesday, January 2, 2006, at 9:30 a.m., in the
Carilion Biomedical Center Institute Boardroom, 117 Church Avenue,
S. W. The purpose of the meeting will be to convene in Closed Session to
conduct interviews for the City Clerk position, pursuant to Section 2.2-
3711 (A)(l), Code of Virginia (1950), as mended.
Sincerely,
s/ c. Nelson Harris
C. Nelson Harris
Mayor"
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff
(arrived late) and Mayor C. Nelson Harris----.mnm-.nnmm._.nmm_m_.nm_;mm_7.
ABS E NT: Non e - 000 - - - 00.-.--- 00 00 00 - - - - -.00 00- 0000-- 00 _ _ 00 00 .hn.n 00_.00__00_00 00 _ _ __ _. 00 00 _ _ hn O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: Stephanie M. Moon, Acting City Clerk.
577
The Mayor declared the meeting in recess at 9:30 a.m., to convene in
Closed Session to conduct interviews for appointment of City Clerk.
(At 12:15 p.m., Council Member Lea left the meeting.)
I
(At 12:30 p.m., the special meeting was reconvened and recessed, with all
Members of Council in attendance, with the exception of Council Member Lea,
Mayor Harris presiding.
At 2:25 p.m., as a part of the 2:00 p.m. session, the Mayor declared the
special session in recess for continuation of the 9:30 a.m. closed session.
(Mayor Harris left during the Closed Session.)
At 3:25 p.m., the special session reconvened in the Council Chamber,
with all members of Council in attendance, with the exception of Mayor Harris
and Council Member Lea, Vice-Mayor Trinkle presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Dowe moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of Information Act; and
(2) only such public business matters as were identified in any motion by which I
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Wishneff and Vice-
Mayo r Tri n kl e___n.n..nn__nnnnnn__nn_____________.n.____n_________n-00-.-·00-0000000000-----.-- 5 .
NAYS: Non enmnnnnnnnnnnnnn_n_nn_nn_nnnnn__.u._.n_ 00 - - n_n.n_.nun_nO.
(Mayor Harris and Council Member Lea were absent.)
There being no further business, at 3:2S p.m., the Vice-Mayor declared
the special session of Council adjourned.
APPROVED
. n¡.m~
S ep anie M. Moon .. I
Acting City Clerk
<:.~o ·r\
C. Nelson Harris
Mayor
I
ATTEST:
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578
ROANOKE CITY COUNCIL - REGULAR SESSION
January 2, 2007
2:00 p.m.
(Pursuant to action taken by the Council at its regular meeting held on
December 18, 2006, the 9:00 a.m. City Council Work Session was cancelled.)
The Council of the City of Roanoke met in regular session on Tuesday,
January 2, 2007, at 2:00 p.m., the regular meeting hour, in the Roanoke City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetinas, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 37467·070306 adopted by the
Council on Monday, July 3, 2006.
PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff and Mayor C. Nelson
H a r ri s __n_ - 000 - - - - 00.00- 00 - 00 - - - - -00.-- - - - - 00 00 - - --... 00 00 - - 00 _. .__. 00 - - - - -00- _. - - - -00- - - _. noon - - - - - - .00-. - - - - - 6.
ABSENT: Council Member Sherman P. Leam---.mmm---nmmmn.mnm____1 .
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: James Grigsby, Assistant City Manager for
Operations: William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; and Stephanie M. Moon, Acting City Clerk.
The Mayor called for a moment of silence in memory of former President
Gerald Rudolph Ford, Jr., 38'h President of the United States of America.
The invocation was delivered by Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
579
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. The Mayor called attention to two requests for
closed session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 20, 2006, was before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Council Member Mason moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded. The motion was
seconded by Council Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a rri s _n. - - - 00 - - - - - - - - - - -00- -- 00 00 - - --0000- - - - - - - - - 00 00 - - -00.0000 -. - - - - - - - 00 00 - - - -.. - - 00 00 -000000- - - - - 6.
NAYS: Non e·- 00 noon - - - - - - 00 noon - - .000000. 00- - - 00 00 - - - - - - 00 -00- 00 __ 00 __ 00 - 0000 - - - - - - - - _. - - 00 00 -- - 0 .
(Council Member Lea was absent.)
CITY CLERK-CITY COUNCIL: A communication from Council Member
Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was
before the body.
Council Member Mason moved that Council convene in Closed Session as
abovedescribed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a rri s --00. - - 00 - - - - - - - -. - _0000___. - - - - - - noon 00 _' 0000 00 - - - - - - 00 00 _... - - - - - 00 00 - - - - -. 00 -. ..000000 - - - - - - 6.
NAYS: No n e 000_00..__0000________0000____00.00_00____00_______..000000_________00_._.._._00____0000_0.
(Council Member Lea was absent.)
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580
CITY COUNCIL: A communication from Council Member Alfred T. Dowe,
Jr., Chair, Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the mid-year performance of two Council-Appointed
Officers, pursuant to Section 2.2·3711 (A)(l), Code of Virginia (1950), as
amended, was before the body.
Council Member Mason moved that Council convene in Closed Session as
abovedescribed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a r ri s __n.n 00 - - - - 00-.00 - - - - - - -000000- - 00 00 --0000 - - 0000-. noon - - - - _'. noon _ _ _ _ __00.. _ _ _ _ 00 Un _. -00-6 .
NAYS: Non e - 00 - - - - - 00 .00-0000 - - - - 00 -00- 00 - - 00.0000 - - - 000 _. _. 00 00 00 - - - - ·-.00 - - - - - - noon 00 - - - - 0000- - - 0 .
(Council Member Lea was absent.)
BUDGET: A communication from the City Manager recommending
adoption of the Calendar of Events for Budget Preparation Activities for fiscal
year 2007 - 2008, was before the body.
Council Member Mason moved that Council concur in the
recommendation of the City Manager. The motion was seconded by Council
Member Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a r ri s 00 - 0000 -- - - 00 -00--- - - - - 000000-- 00 - - - - - no. - - - - 0000-. noon - - - - --00-00 - - - - 000000 - - - - noon - - - 000 -.6.
NAYS: No n e m_nnn 00___.__________..____00___00._00___.000000______0000_______00._____-0000___00_0.
(Council Member Lea was absent.)
CITY MARKET-CITY PROPERTY-LEASES: A communication from the City
Manager requesting that Council schedule a public hearing for Tuesday,
January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to the request of Christopher J. Dobe, d/b/a ADobe Salad
Works, to lease 297 square feet of space in the City Market Building located at
32 Market Square, was before the body.
581
Council Member Mason moved that Council concur in the request. The
motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H arri s n_n_nn_00_...00nn______n______nnnn__________n_n_____nnnn._____0000___.00.0000.006.
NAYS: Non e -- - - - - 00 00 - - - - - - noon _. -00- - - _. - - - - - - - - - 00 - - - - _. 00 00 __ 0000 00 00 00 - 00 00 - - - - - - - 00-00 -... - - - O.
(Council Member Lea was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-COMMUNITY
PLANNING: Report of qualification of the follOWing persons, was before
Council:
Thomas Pettigrew to fill the unexpired term of John W.
Elliott, Jr., ending September 30, 2008, and Judy Jackson for
a term ending September 30, 2009, as members of the
Roanoke Civic Center Commission; and
Angela S. Penn as a member of the City Planning
Commission, for a term ending December 31,2010.
Council Member Mason moved that the report of qualification be received
and filed. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H arri s _._000000_______000000_____0000___.__00000000________.000000_._____________.__0000_00______0000·_6.
NAYS: Non e·----- 00-----.---00.--------.---.-..---0000------0000-.0000000000 - 00000000_.000000_______0.
(Council Member Lea was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
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582
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT-TELEPHONE EQUIPMENT-EMERGENCY SERVICES-
BUDGET: The City Manager submitted a written communication recommending
appropriation of additional funds from the Virginia Department of Health,
Office of Emergency Medical Services, in connection with the Rescue Squad
Assistance Fund Grant to purchase two additional 1 2-Lead EKG Defibrillators.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following budget ordinance:
(#37652-010207) AN ORDINANCE to appropriate additional funding from
the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF)
Grant, amending and reordaining certain sections of the 2006-2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 52.)
Council Member Dowe moved the adoption of Ordinance No. 37652-
010207. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H arr i s - - 00 - 00 ..n - - - - - - __0000 - - - - ---00- - - - - - ---. - - 00 - - - - -0000- - - 00 --00-.00 - - - - - 00 -00_ _ _ _ _ Un - - - - 0000 - - 6.
NAYS: Non e -- noon - - - - 00 00 -- - - - - .0000. - - - - 00.00 - - - - - - - - 00 ·.00 - - - - 00 00 00 00 00 - 00 _. - - - - 00 - - -·0000 - - -000.
(Council Member Lea was absent.)
BUDGET-EMERGENCY SERVICES-TELEPHONE EQUIPMENT: The City
Manager submitted a written communication recommending appropriation of
additional funds from the Virginia State Wireless E-911 Services Board to
upgrade system hardware and software to support wireless 911 call processing.
(For full text, see communication on file in the City Clerk's Office.)
583
Vice-Mayor Trinkle offered the following budget ordinance:
(#37653-010207) AN ORDINANCE to appropriate funding from the
Commonwealth for E-911 Wireless Service, amending and reordaining certain
sections of the 2006-2007 General and Department of Technology Funds
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 53.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37653·010207.
The motion was seconded by Council Member Dowe and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a rri s - nnn - - ____00 - - - - - - 00 - - - - _00_... -.. - 00 noon - - - - - - -..- n' - - - - - - - - 00 00 00-. --.. noon 00 - - - - -. -00- 6 .
NAYS: Non e .00- - -. - 00 - - - - - - 00 - - - - _. -0000- - - - - - - - - - - - n. -._ -- 00 0000 00 - - - - - - _. - -00--- - - - - - - - - - - .00- 00 - O.
(Council Member Lea was absent.)
SCHOOLS: The City Manager submitted a written communication
recommending authorization to donate outmoded personal desktop computers
to the Roanoke City Public Schools in order to expand and enhance exposure of
technology to the City's school students and to improve productivity of the
Roanoke City Public Schools staff.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following resolution:
(#37654-010207) A RESOLUTION authorizing the donation of 228
desktop computers, 45 monitors, 100 keyboards and 100 mice that no longer
meet the minimum specifications for personal computers in the City of Roanoke
to the Roanoke City School Board.
(For full text of resolution, see Resolution Book No. 71, page 54.)
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584
Council Member Fitzpatrick moved the adoption of Resolution No.3 7654·
010207. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a r ri s - - - - -. - _n_ - - - - - - - - __00 -. - - - - 00 00 -. - -00- - - - - 00 - - - - 0000 00 - - - - _. - - - - - - - - - 00 '___00 - - - - 00 00 00 - - .00- - - 6.
NAYS: No n en____nnn____n -----.-00.____00_0000__0000____0000000000__0000_____000000___00______000.
(Council Member Lea was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of November 2006.
The Director of Finance advised that Roanoke's fiscal year 2007 adopted
budget anticipates revenue growth of 7.1 %, and General Fund revenues grew
6.9% through November, which is a 4% growth in the budget; and other local
taxes increased 3.5% in the current fiscal year, contributing to the growth was
cigarette tax increase from $.27 to $.54 per 20-pack, effective July 1, 2006. He
explained that although the rate increase is contributing additional revenue, the
increase in cigarette tax revenue is not commensurate with the rate increase,
partly because of the higher cigarette stamp sales in anticipation of the rate
change, as well as an apparent significant decrease in cigarette sales due to the
rate increase.
In closing, he stated that effective January 1, 2007, the new Virginia
Communications Sales and Use Tax, also referred to as the Communications
Sales Tax, will replace many of the current state and local taxes and fees on
communications services including utility taxes on landline and cellular
telephones, cable television franchise tax, E-911 tax on landline telephone
service, and the gross receipts tax on telecommunications companies; and the
new state tax will be a 5% sales tax which will be administered and collected by
the Commonwealth.
(For full text, see Financial report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report would be
received and filed.
585
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CLERK: Council Member Fitzpatrick offered the following resolution
providing for payment of deferred compensation for the Acting City Clerk:
(#37655-010207) A RESOLUTION authorizing payment of deferred
compensation to the Acting City Clerk.
(For full text of resolution, see Resolution Book No. 71, page 55.)
Council Member Fitzpatrick moved the adoption of Resolution NO.3 765 5·
010207. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, Wishneff and
Mayo r H a r r i s 00 - nn - - - - - - 00 _. 00 _00_. - - - - - 00 - - - - - 00 -- 00 00 0000 00 - - _. -0000. 00 - - - - - 00 -00- 00 -.' -.. U 00 0000 00 - - - - - - 6 .
NAYS: Non e - - - - - - - - 0000 - - -- 00 - - - - - - _00_._ 00 - - - - - - - - - - - 00 .00- 00 - - - - - - 00 - - - - - - - __ -0000-00 - - - - - - - - 00 -00 0 .
(Council Member Lea was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
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.
ARMORY/STADIUM/SOCIAL SECURITY ADMINISTRATION: Ms. Helen E.
Davis, 35 Patton Avenue, N. E., expressed disappointment with the City's
decision to tear down Victory Stadium. She also expressed concern about the
City's history of urban renewal projects that have displaced the African-
American communities. She questioned the City Manager's support of the
proposed Social Security Building to be located in the Henry Street area.
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586
COMPLAINTS: Mr. Robert Gravely, 727 29th Street, N. W., expressed his
concern with regard to community upkeep, the City's work force, senior
citizens, and creating jobs for young people in the Roanoke community.
CITY MANAGER COMMENTS:
HUMAN RESOURCES-SPECIAL EVENTS: The Assistant City Manager of
Operations announced that the Roanoke Holiday Career and Lifestyle Fair
presented by the City of Roanoke and sponsored by MyHometownJobs.com was
held at the Roanoke Civic Center on Thursday, December 28, featuring 48
exhibitors (36 local employers, nine lifestyle organizations and three
entrepreneurial organizations) with approximately 800 to 1,000 attendees. He
added that the event was held during the holiday season because native
Roanokers, especially young adults, tend to return home for the holidays, and
he congratulated Stuart Mease, Special Projects Coordinator, on his efforts.
At 2:25 p.m., the Mayor declared the Council meeting in recess for
continuation of the 9:30 a.m., closed session.
At 3:25 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of Council in attendance, with the exception of
Mayor Harris and Council Member Lea, Vice-Mayor Trinkle presiding.
(Mayor Harris left during the Closed Session.)
COUNCIL: With respect to the Closed Session just concluded, Council
Member Mason 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 Council Member
Wishneff and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Wishneff and Vice-
Mayor T ri n k I enn--nnnh-nnnh.nnn_.n.nnh___.nn.hnnn_n.nn_hn_.nnhn_n_mhn-00- 5 .
NA'(S: N()I1E!--·------·---------··---------·------------------.--------.._______.._______..._________().
(Mayor Harris and Council Member Lea were absent.)
587
There being no further business, the Vice-Mayor declared the Council
meeting adjourned at 3:25 p.m.
ATTEST:
. In. ÌõjOtMJ
Stephanie M. Moon
Acting City Clerk
APPROVED
C. Nelson Harris
Mayor
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588
ROANOKE CITY COUNCIL-REGULAR SESSION
January 16, 2007
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
January 16, 2007, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor David B. Trinkle
presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Gwendolyn W.
Mason, Brian J. Wishneff (arrived late), Mayor C. Nelson Harris (arrived late) and
Vi ce- Mayo r T ri n k I e n_u__.nnnn__._nnn_n___nn_m_n._n_m 00__00000000___.00000000____.00000000 S .
ABSENT: Council Members Alfred T. Dowe, Jr., and Sherman P. Leanmm-2.
Due to a lack of a quorum, Vice-Mayor Trinkle recessed the meeting.
At 2:05 p.m., the Council meeting reconvened in the Council Chamber,
with all Members of Council in attendance, with the exception of Mayor Harris
and Council Members Dowe and Lea, Vice-Mayor Trinkle presiding.
Vice-Mayor Trinkle advised that the Mayor would be late in attending the
Council Meeting, inasmuch as he was conducting a funeral.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Trinkle.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
589
CONSENT AGENDA
I
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be enacted
by one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately. He called specific attention to three requests for
closed session.
CITY COUNCIL: A written communication from Alfred T. Dowe, Jr., Chair,
the Personnel Committee, requesting that Council convene in a Closed Meeting
to discuss the mid-year performance of two Council-Appointed Officers,
pursuant to Section 2.2-3711(A)(l), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
Council Member Dowe to convene in Closed Meeting as abovedescribed. The
motion was seconded by Council Member Wishneff and adopted by the
following vote:
I
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice-Mayor
T r ink I e 00 00 - -. - 00 00 - 00 00 - - - - - - - - _nn.n - - -00- 00 - - - -00- 00 - - - - 00 -00- __ - - - - 0000 00 - - - - - - - - - .0000___00 00 - - - - - - 0000 00 - 4 .
NAYS: Non e 00- - 00 .00.00 - - - - - - 0000 - - noon - - - - - - - 0000 - - - - 00 .000000_. - - - - - 00 00 - 0000 00 - - - -. - noon -. - - - O.
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
CITY CLERK-CITY COUNCIL: A written communication from Council
Member Alfred T. Dowe, Jr., Chair, the Personnel Committee, requesting that
Council convene in a Closed Meeting to discuss the appointment of a City Clerk,
pursuant to Section 2.2-3711 (A)(l), Code of Virginia (19S0), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
Council Member Dowe to convene in Closed Meeting as abovedescribed. The
motion was seconded by Council Member Wishneff and adopted by the
following vote:
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590
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice-Mayor
lrrilll<le-----------.-----------.----------------------------------------------------------.-----.-----------------Ll.
NAYS: Non e - 0000. - - - - - - 00 00 - - -- -.00 - - - - 0000 - - - --0000 - - 00 - - - - u __.00_ - - - - - - 00 - noon - - - - 00 - - -00. - 00.-0.
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
CITY COUNCIL: A written communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss possible
incentives for expansion of an existing business in the City, where no previous
announcement has been made of the business' interest in expanding its facility,
pursuant to Section 2.23711 (A)(3), Code of Virginia, as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
the City Manager to convene in Closed Meeting as abovedescribed. The motion
was seconded by Council Member Wishneff and adopted by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice·Mayor
lrrilll<lE!-----·-----------·------------·-----------------------.---------------.----------.----------.-.-----------Ll.
NAYS: Non e 00 -- 00 - - - -. - -. 00 - - - - 00 0000 00 - - -00- - __ 00 -00- - - _00___. - - - - - -00- 00 _ _ _ _ _ _ _ _0000_ 00 _00_ _ _ 00 u - 0 .
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
AUDIT COMMITTEE: Minutes of the Audit Committee meeting held on
Monday, November 6, 2006, was before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the minutes of the Audit
Committee be received and filed. The motion was seconded by Council Member
Wishneff and adopted by the following vote:
591
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice-Mayor
T r ink I e nn 00 - - - - 00 - - - 00 - - - - - - - - -.00-. - - .0000- - - - - - 00 0000 - - - - - - - - 00 _00000000_. - - - - - - 00 00 - - - - - - 00 -000000- n' - - - - - - 4.
NAYS: No n en_._nn_n____n______ ----------------00000000----------00------..-.00--00----------00-0.
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
ARCHITECTURAL REVIEW BOARD: Annual report of the Architectural
Review Board for fiscal year 2006, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the annual report of the
Architectural Review Board be received and filed. The motion was seconded by
Council Member Wishneff and adopted by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice-Mayor
T r ink I e - - -0000.00000000- - - - - - - - - - - 00 00 - - -. .u_n - - - - - - - - - - - - - .00- 00 - - - - - - 00 0000 - - - - - - - 00.-00 - - -. - - - - 00 - - - - - - - -. - - 4 .
NAYS: Non e 00 - - - - - - 0000 -. 00.00- 00 - - - - noon 00 0000- - - - - 00 - - - - 00 00 00 - - 00 -00-00 - - - 00 00 00 00 00.. -.. - -. - -·0 .
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
OATHS OF OFFICE-ZONING-COMMITTEES-HOUSING/
ROANOKE ARTS COMMISSION-YOUTH-GREENWAY SYSTEM:
qualification was before the Council:
AUTHORITY·
Reports of
Douglas C. Johnson as a member of the Roanoke Arts
Commission to fill the unexpired term of Susan W. Jennings,
ending June 30, 2008;
James B. Lee as a member of the Roanoke Valley Greenway
Commission to fill the unexpired term of Barry Baird, ending
June 30, 2008;
Tori Webb as a member of the Youth Services Citizen Board
for a term ending May 31, 2009;
Joel W. Richert as a member of the Board of Zoning Appeals,
for a term ending December 31, 2009; and
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592
R. Gail Burruss as a Commissioner of the Roanoke
Redevelopment and Housing Authority to fill the unexpired
term of Christie Wills ending August 31,2010.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the reports of qualification be
received and filed. The motion was seconded by Council Member Wishneff and
adopted by the following'vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, and Vice-Mayor
T ri n k I e 00 - -. - _n_ - - - - __00' 00 - - - - UUn - - - - 000 - 00 -0000 - - - - Unn - - - - 00 00 _. 0000 00 00 00- _. _ _ _ _ 00 00 00 _ _ .00_ _ _ 00__00 - _ -4 .
NAYS: Non e - - - - noon - - - - -.0000 - - 00 - - - - UOon - - - 00 00 00 - - 00 00 00 - _. - - - _. - - - ___ 00- - _ _ _ 00 00 _. _.00 _ _ _ _ -000.
(Mayor Harris was not present when the vote was recorded; and Council
Members Dowe and Lea were absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
Due to the anticipated arrival of the Mayor, the Vice-Mayor noted that all
items recommended for action under Reports of Officers and Reports of
Committees would be held in abeyance: and the remaining items under the
regular agenda would be acted upon accordingly.
REPORTS OF OFFICERS:
CITY MANAGER:
HEALTH DEPARTMENT: The City Manager introduced Dr. Stephanie
Harper, Executive Director, Roanoke City Health Department.
BRIEFINGS: NONE.
At 2:20 p.m., Vice·Mayor Trinkle relinquished the Chair to Mayor Harris.
593
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written communication recommending acceptance of a Domestic Violence
Program Grant from the Virginia Department of Criminal Justice Services; and
appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37656-011607) A RESOLUTION accepting the Virginia Services,
Training, Officers, Prosecution (VSTOP) Violence Against Women grant to the
City from the Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation of behalf of the City.
(For full text of resolution, see Resolution Book No. 71, page 133.)
Council Member Mason moved the adoption of Resolution No.
37656-011607. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H arri s 00- - -. - - - - - 00 - - - - _. __n_ _. 00 0000 - - - - _. ..00.- - - - - - - - - - _000000_. - U 00 00 - - - - - - - -00-.00- 00 - - - - 00 0000 00 - -. -. -. - - - 5 .
NAYS: Non e - - 00 - - - 00..00- - - 00 0000 - - - - - - -0000· 00- 00 - - - - 00 _0000.._ - - 00 00 - - - - - - - _nun.n - - - - - - - - - - 00 - 0 .
(Council Members Dowe and Lea were absent.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37657·011607) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Police Department Domestic Violence
Program Grant (VSTOP), amending and reordaining certain sections of the
2006-2007 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 134.)
Council Member Fitzpatrick moved the adoption of Ordinance No.
376S7-011607. The motion was seconded by Council Member Mason and
adopted by the following vote:
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594
I
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H a rri s 00 - - - - --- -. 00 00 00 - - - -. _n_ -. - - - - 00 00 - - 00.0000 _ _ _ _ _ _ _0000_ _. _ _ _ _ _ _ 00 ____.00_ _ _ _ _ _ 000000 - - 00 - - - - 00 00 _. -00- 00 - - 5 .
NAYS: Non e 00 nun - - - - noon -. 00 -00- - - - - 00 __0000_ - - - - - - 0000·0000- - - - - - - __00 - _. - - - - - - noon _. -00- - - - O.
(Council Members Dowe and Lea were absent.)
POLICE DEPARTMENT·BUDGET·GRANTS: The City Manager submitted a
written communication recommending acceptance of a Virginia Sexual and
Domestic Violence Victim Fund Grant from the Virginia Department of Criminal
Justice Services: and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37658·011607) A RESOLUTION accepting the Virginia Sexual and
Domestic Violence Victim Fund grant to the City from the Virginia Department
of Criminal Justice Services, and authorizing execution of any required
documentation on behalf of the City.
I (For full text of resolution, see Resolution Book No. 71, page 135.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37658-011607.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H arri s 00 - - 000 - - -000000- - - - -. .00- - - - - - - Un. - - - 000000- _. 00 00 00 00 00 __ - - 00 - - -00-0000 _ _ _ _ _ 00_.00 - - - - 00 _. 00·-00 - - 0000 00 5 .
NAYS: Non e - - 0000 n. - - - 00 - - - - ___00_ - - - - 00___00 00 - - - - - - -0000- 00 00 00 _. 00 00 00 00 - - - -00- - - -0000. - - -00- - - - 0 .
(Council Members Dowe and Lea were absent.)
Council Member Mason offered the following budget ordinance:
(#37659-011607) AN ORDINANCE to appropriate funding from the
Commonwealth of the Virginia for the Virginia Sexual and Domestic Violence
Victim Fund Grant, amending and reordaining certain sections of the
2006-2007 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
I (For full text of ordinance, see Ordinance Book No. 71, page 136.)
595
Council Member Mason moved the adoption of Ordinance No.
37659-011607. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H a rr i s 00 - - - - - - - 00 00 - - - - - - n_nn - - - - 00 noon - - __ _0000_00_0000 00 - - - - 00 00 - - - - 00 00 - - - 00 00 00 - - - - - - - _.' -. - - - -. - 00 00 00 - - 5 .
NAYS: Non e - 00.-- -. - - 00 00 00 - - - - - - 00 00 - - - - - - - - - 00 - - --0000 - - - - 00 - - - - - - - - - - - - - - - - - - - - - 00 00 00 -00-.000000 0 .
(Council Members Dowe and Lea were absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written communication recommending acceptance of a Wireless Access Point
Grant from the U. S. Department of Criminal Justice Services through the
Edward Byrne Memorial Grant Program; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Vice-Mayor Trinkle offered the following resolution:
(#37660-011607) A RESOLUTION accepting the Access Point grant to the
City from the Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book, No. 71, page 137.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7660-0 11607.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H a r ri s - 00 00 00 00 00 - - _00_.. - - - - - - - - - - - - - noon 00 - - - - - - - - - - - - - -0000- -. - - 00 00 - - - - - - .0000...__00_ 00 - - - - - - - - - - - - - - - - - - - - 5 .
NAYS: No nennm_____nn_.__n__nnnn 0000.00._.0000________00000000_.__00____________0000_00000.
(Council Members Dowe and Lea were absent.)
Council Member Fitzpatrick offered the follOWing budget ordinance:
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(#37661-011607) AN ORDINANCE to appropriate funding from the
federal government through the Commonwealth of Virginia for the Byrne
Memorial Grant Program, amending and reordaining certain sections of the
2006-2007 Department of Technology and Grant Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 138.)
Council Member Fitzpatrick moved the adoption of Ordinance No.
37661-011607. The motion was seconded by Council Member Mason and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H arr i s -. - - - 00 -- 00 - - 00 - - - _.n 00 - - - - -0000- 00 - - 00 - - - _. 00 _00_ _ _ _ _ __0000 - - - - - - 00___ - - - - - - - - ·.00 - - 00 00 _. -0000- - - - - noon 5 .
NAYS: Non e - - 00 00 - - 00 00 - - - -. - -00- - - - - 0000_.. - - - - 0000 00 __ 00 -00- - - - - - - 0000 - - - - - --00.- - - 00 - - _... -00- - - - O.
(Council Members Dowe and Lea were absent.)
BUDGET-HOUSING/AUTHORITY: The City Manager submitted a written
communication recommending approval and execution of Budget Amendment
No. 1 to the Amended and Supplemented South Jefferson Cooperation
Agreement 2; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Vice-Mayor Trinkle offered the following ordinance:
(#37662) AN ORDINANCE authorizing the proper City officials to execute
a Budget Amendment No.1 to the Amended and Supplemented South Jefferson
Cooperation Agreement 2 (Budget Amendment No.1) between the City of
Roanoke (City) and the City of Roanoke Redevelopment and Housing Authority
(RRHA): approving an amended budget for such Budget Amendment No.1;
authorizing the City Manager to take such actions and execute further
documents as may be needed to implement and administer such Budget
Amendment No.1, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71.)
597
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37662. The I
motion was seconded by Council Member Mason and adopted by the following
vote:
AYES: Council Members Mason, Wishneff, Trinkle and Mayor Harrismm-4.
NAYS: Non e 00 noon - - - - - - - - 00 noon 00 - - - - 00 __ - 00 000 - - - 00 - - - - - - 00 .0000- - -. - - - - - - - - - - - - -... -. -.----. -·0 .
(Council Member Fitzpatrick abstained from voting.) (Council Members Dowe
and Lea were absent.)
Inasmuch as Council Member Fitzpatrick abstained from voting on
Ordinance No. 37662 and because five affirmative votes are required to
dispense with the second reading, by title of an ordinance, the Mayor noted
that Ordinance No.3 7662 would be amended and placed on its first reading.
Council Member Mason offered the following budget ordinance:
(#37663) AN ORDINANCE to appropriate funding from the Economic and
Community Development Reserve for the South Jefferson Redevelopment
Project, amending and reordaining certain sections of the 2006-2007 Capital
Projects Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
I
(For full text or ordinance, see Ordinance Book No. 71.)
Council Member Mason moved the adoption of Ordinance No. 37663. The
motion was seconded by Vice-Mayor Trinkle and adopted by the folloWing vote:
AYES: Council Members Mason, Wishneff, and Vice-Mayor Trinklenm-----4.
NAYS: Non ennn_nnn_oo.nnn_nnnnn_unnnnn_nn_.nnh_n - - - .000000000000- mnnnO.
Inasmuch as Council Member Fitzpatrick abstained from voting on
Ordinance No. 37663, and because five affirmative votes are required to
dispense with the second reading, by title of an ordinance, the Mayor noted
that Ordinance No.3 7663 would be amended and placed on its first reading.
(Council member Fitzpatrick abstained from voting.) (Council Members Dowe
and Lea were absent.)
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598
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: The City of Roanoke School Board submitted a written
report requesting appropriation of funds to various programs; and the Director
of Finance also submitted a written report recommending that Council concur
in the request.
(For full text, see reports on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following budget ordinance:
(#37664-011607) AN ORDINANCE to appropriate funding from the
Federal and Commonwealth governments, as well as from fees and donations,
to support various school grants and programs, amending and reordaining
certain sections of the 2006-2007 School Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 139.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37664-011607.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H arri s 00 n_n -00- - - - 00_00 - 00 00 00 00 - - -.00 - - - - - - 00.0000 - - - - - - 00.00- - - -00- 00 - - - - 0000 00- - _ _ _ 00 00 _ _ noon _ _ _ _ _0000_ - - - - 5 .
NAYS: No ne--nn.--nn_____Uh______nn_nn____nh...___ 00-.--0000 --------.00 ----00__00_____000.
(Council Members Dowe and Lea were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL: NONE.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
CITY MANAGER COMMENTS: NONE.
599
At 2:30 p.m., the Mayor declared the Council meeting in recess for three
closed sessions, in the Council's Conference Room, Room 4S 1, fourth floor,
Noel C. Taylor Municipal Building.
I
At 4: 15 p.m., the Council meeting reconvened in the Council Chamber,
Room 450, Noel C. Taylor Municipal Building.
COUNCIL: With respect to the Closed Session just concluded, Vice-Mayor
Trinkle 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 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 Mason and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff, Trinkle and Mayor
H ar ri s 000 00 _. __. - _0000_ - - - - - - - - - nnn __ - - - - 0000 - - - - - _. -00.00 - - - - - - 00 00.. .00.00 00 - - - - - - - - - - - 00 00 -- .dU_ 00 - - - - - - - - 5 .
NAYS: Non e 000 - - - - - -00- 00 00 _. noon - - - - 00 0000 - __ - - _. __ 00 - - - - _00_._ 00 - - - - - - 00 - - - - - - - 00 .000000. - - -. - - - 0 .
(Council Members Dowe and Lea were absent.)
I
(Due to conflicts of interest, the Mayor and Vice·Mayor recused themselves from
the Closed Session regarding discussion of possible incentives for expansion of
an existing business in the City.)
CITY EMPLOYEES-CITY CLERK: Council Member Mason moved that the City
Attorney be instructed to prepare the proper measure appointing Stephanie M.
Moon as City Clerk of the City of Roanoke, effective February 5, 2007. The
motion was seconded by Vice-Mayor Trinkle and adopted.
At 4:20 p.m., the Mayor declared the meeting in recess to be reconvened
at 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W.
At 7:00 p.m., on Tuesday, January 16, 2007, 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.
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600
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Gwendolyn W.
Mason, Brian J. Wishneff, and Mayor C. Nelson Harrismmmnnnnmm-mmmm--4.
ABSENT: Council Members Alfred T. Dowe, Jr., Sherman P. Lea and
David B. T ri n k I ennn_nhnnnh___nn__nnnn_nn.n.._nnnnnnnnnnn_nnnnmnnnmn_ 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
Inasmuch as five affirmative votes are required to dispense with the
second reading, by title of an ordinance, the Mayor noted that the ordinances in
connection with the public hearings would be amended and placed on first
reading.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the Acting City Clerk having advertised a public hearing
for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of William R. Barnes, Jr., and Blair M. Barnes that a
tract of land located at the eastern terminus of Appleton Avenue, N. W., be
rezoned from R-7, Residential Single-Family District, to R-12(c), Residential
Single-Family District, subject to certain conditions proffered by the petitioners,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 29,2006, and on Friday, January 5, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending that
Council approve the request, as amended, to rezone the subject property to
R-12(c), Residential Single-Family District with a proffered condition. By
physically moving the residence away from the temporary cul-de-sac, the parcel
will retain its potential for future subdivision and in a manner consistent with
the surrounding neighborhood.
(For full text, see report on file in the City Clerk's Office.)
601
Council Member Fitzpatrick offered the following ordinance on its first I
reading:
(#37665) AN ORDINANCE to amend §36.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain property
within the City, subject to a certain condition proffered by the applicant.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 37665 was adopted on its first reading by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff and Mayor
H a r ri s - n._ 00 00 - - - - - - - - 0000 - -00- 00 - - - - _.._.. - - ooh -. - - - 00 00 noon - - - - - - 00 noon - - - - - 00 - - - - _. 00 -. 00 00 .hnn. -. -.. -4 .
NAYS: No n e _._00_00____000000____00____00000000_00____.00_.00_00______00.._______0000-- 00-00--------0.
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(Council Members Dowe Lea and Trinkle were absent.)
ZONING: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the Acting City Clerk having advertised a public hearing
for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Pro-Line Performance, Inc., that two tracts of
land located at 3922 and 2942 Thirlane Road, N. W., be rezoned from RA,
Residential-Agricultural District, to 1,1, Light Industrial District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 29,2006, and on Friday, January 5, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
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602
The Planning Commission submitted a written report recommending
denial of the request to rezone the subject property to 1-1 (c), Light Industrial
District subject to certain proffered conditions, for the construction of a
commercial vehicle sales establishment. It was advised that the petition is not
consistent with, nor furthers the intent of, the City's Comprehensive and
Neighborhood Plans as both specifically identify this property for airport related
uses.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance on its first
reading:
"AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke
(1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December S, 2005, as amended, to rezone certain property within the
City, subject to a certain condition proffered by the applicant."
Council Member Mason moved the adoption of the ordinance. The motion
was seconded by Council Member Wishneff.
The Mayor inquired if there were persons present who would like to
speak in connection with the rezoning.
Robert C. Crawford, Managing Member, Crawford Development Company
LLC, advised that in 2001, Crawford Development Co., purchased 3 Y, acres of
property to develop a park, plans to construct a 40,000 square feet of class A
office space on the property. He further advised that Crawford Development
currently has a 7,000 square foot building with good tenants has received
positive feedback from marketing efforts regarding a 13,000 square foot
building perpendicular adjacent to the property. He expressed concern
regarding the nature of the business of Pro-Line, which is sales and service of
trailers used to pull automobiles, etc., and is the opinion that the business is
located in the wrong place. He urged Council to concur in the recommendation
of the City Planning Commission to deny the request.
There being no further questions or comments by the Members of
Council, the rezoning request as recommended by the City Planning
Commission was denied by the following vote:
603
AYES: Council Members Fitzpatrick, Mason, Wishneff and Mayor
Hélrris.-----.----..-----------.-.--------..---.-----...------...-.-------..--------------------------------------4.
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NAYS: Non e-m 000000000000 00000000 mnnm n_mnn..nnnn._nn_nnn_..n__nn__nu__n_O.
(Council Members Dowe, Lea and Trinkle were absent.)
ZONING-HOUSING: The Mayor advised that the two requests of the
Roanoke Redevelopment and Housing Authority with regard to a tract of land
located at 1641 Salem Avenue, S. W., be rezoned from RM·2, Residential Mixed
Density District, to MXPUD, Mixed Use Planed Unit Development District; and
portions of portions of 17'h Street, 18th Street, Salem Avenue, and all of
Westview Avenue, S. W., be permanently vacated, discontinued, and closed
would be held over for public hearing at the regular meeting of Council on
Tuesday, February 20,2007, at 7:00 p.m., or as soon thereafter the matter may
be heard.
CITY MARKET-LEASES: Pursuant to instructions by the Council, the Acting
City Clerk having advertised a public hearing for Tuesday, January 16, 2007, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
the City of Roanoke to leases to Christopher J. Dobe, d/b/a ADobe Salad Works,
297 square feet of space in the City Market Building located at 32 Market I
Square, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, January 5, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
authorization to execute a lease agreement with Christopher J. Dobe d/b/a
ADobe Salad Works, for approximately 297 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a
period of three years, beginning February 1, 2007 and expiring January 31,
2010, subject to be approved as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance on its first
reading:
(#37666) AN ORDINANCE authorizing the lease of 297 square feet of
space located within the City Market Building for a term of three (3) years, for a I
restaurant.
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604
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No.3 7666 was adopted on its first reading by the following vote:
AYES: Council Members Fitzpatrick, Mason, Wishneff and Mayor
fiélrris-------------------------.--..--------.-.-.-----.----..-----------.-.--.------..---------------------------Ll.
NAYS: Non e_m________nn____nnn__nn_..__nn___n_un_.__nnnn_____._.00-----00-00---00 -0.
(Council Members Dowe, Lea and Trinkle were absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
TAXES-COUNCiL-VIRGINiA MUSEUM OF TRANSPORTATION: Mr. Robert
Craig, 701 12'h Street, S. W., spoke about the seven percent increase in the real
estate property tax assessment; and the potential conflict of interest since the
Office of Real Estate Assessor, which was to be a Council Appointed office,
reports to the Director of Finance whose department oversees revenue. He also
alluded to the fact that Council Member Fitzpatrick is employed with the
Virginia Museum of Transportation, a non profit agency, that receives funding
from the City of Roanoke which offers the appearance of impropriety and could
be construed as a conflict of interest. Council Member Fitzpatrick has the
potential opportunity to lobby the Council since he is connected to a nonprofit
organization that receives funding from the City.
605
At 7:25 p.m., the Mayor declared the Council meeting in recess to be
reconvened on Saturday, February 3, 2007, at 10:00 a.m., at The Hotel
Roanoke & Conference Center 110 Shenandoah Avenue, N. E., at which time the
Mayor will proclaim February 3, 2007, as the 125'" Anniversary of the City of
Roanoke.
APPROVED
ATTEST:
c ~
C. Ne son Harris
Mayor
- rh. Jðjd'W
Stephanie M. Moon
Acting City Clerk
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606
ROANOKE CITY COUNCIL-REGULAR SESSION
February 5, 2007
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 5, 2007, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris
presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Member Beverly T. Fitzpatrick, Jr. -----------------------------1.
ABSENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, David B.
Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris--------6.
COUNCIL: Due to the lack of a quorum, Council Member Fitzpatrick
declared the Council meeting in recess to be reconvened at 10:30 a.m., in
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke.
At 10:30 a.m., the Council meeting reconvened, in Room 159, first floor,
Noel C. Taylor Municipal Building, Mayor Harris presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn Wi Mason,
David B. Trinkle, Brian J. Wishneff (arrived late), Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr. (arrived late), and Mayor C. Nelson Harris---------------------------------7.
A BS EN T: Non e -----.- -- --.--- ---------- - - -- -------.- ------ ---------- -------- - -------- ------ -- ------ O.
The Mayor declared the existence of a quorum.
OFFICERS PRESENT: James Grigsby, Assistant City Manager for
Operations; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; Stephanie M. Moon, Acting City Clerk; and Sheila N. Hartman, Assistant
Deputy City Clerk.
607
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to 92.2-3711 (A)(l), Code of Virginia (1950), as amended,
was before the body.
I
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
Mayor to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Dowe and Mayor HarrisnnS.
NAYS: Non e 0000 -- 00 0000-0000.0000 u 00 _n_nnnnnn. 00000000 - - 00 Unn_n_n.nnn 00 00 nnnnu -0 .
(Council Members Fitzpatrick and Wishneff were not present when the vote was
recorded.)
CITY COUNCIL: A communication from Council Member Alfred T. Dowe,
Jr., requesting that Council convene in a Closed Meeting to discuss the mid-year
performance of three Council-Appointed Officers, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1 950), as amended, was before the body. I
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of
Council Member Dowe to convene in Closed Meeting as abovedescribed. The
motion was seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Dowe and Mayor Harris--nS.
NAYS: Non e 0000 00 000000000000.- 00 00 00 00000000-000000 - - --0000 00 00 UUnn_nnn -0000-000000 00000000-0 .
(Council Members Fitzpatrick and Wishneff were not present when the vote was
recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss possible incentives for
expansion of an existing business in the City, where no previous announcement
has been made of the business' interest in expanding its facility, pursuant to
Section 2.2-3711 (A)(S), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
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608
Council Member Dowe moved that Council concur in the request of the
City Manager to convene in Closed Meeting as abovedescribed. The motion was
seconded by Council Member Lea and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Dowe and Mayor Harris----S.
NAYS: Non e 0000000000 00 n ununn.. 00 00 00000000. 00 nnu 00 0000000000 00000000. n n.nn. 0000000000.0.
(Council Members Fitzpatrick and Wishneff were not present when the vote was
recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting for the purpose of the staff briefing
Council on actions taken to respond to threats to public safety, pursuant to
Section 2.2.3711 (A)(20), Code of Virginia (1950), as amended, was before the
body.
Council Member Dowe moved that Council concur in the request of the
City Manager to convene in Closed Meeting as abovedescribed. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Dowe and Mayor Harris----S.
<
NAYS: Non e 0000 noon n __ .nnnn. 00 000000000000... nUn .000000. 00 nnnu. 00 --00000000 00 00 .0000__0.
(Council Members Fitzpatrick and Wishneff were not present when the vote was
recorded.)
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA: NONE.
ITEMS FOR DISCUSSION AT THE JOINT MEETINGS OF COUNCIL ON
MONDAY, MARCH 5, 2007, WITH THE ROANOKE CITY SCHOOL BOARD AT
9:00 A.M., AND THE ROANOKE NEIGHBORHOOD ADVOCATES AT 12:00 P.M.,
RESPECTIVELY: NONE.
609
BRIEFINGS:
I
OTHER POST EMPLOYMENT BENEFITS
The Director of Finance advised. that the matter regarding Other Post
Employee Benefits (OPEB) had been discussed during the Financial and Planning
Session in March 2006, and following further study, the Council had requested
a report regarding options as to how to handle the expense. He stated that the
issue of benefits provided to retirees, other than pensions, received attention
from industries, the Government Accounting Standards Board and private
enterprises when the stock market slowed down in 2000-2002; since that time
there have been articles concerning pension funds being under funded; and
because various companies and the Government Accounting Standards Board
provide benefits to retirees in addition to pensions that are quite expensive, as
well as health insurance, he emphasized that the issue has no direct
relationship with the City's Pension Fund, but relates to the City's Operating
Fund.
Ann Shawver, Deputy Director of Finance, briefed the Council on the
Other Post Employment Benefits via a powerpoint presentation:
. What is OPEB
. Roanoke's OPEB
. Managing OPEB
. Options
. Related Entity Impact
. Roanoke City Public Schools
. Benchmarking Results
. Overview of Retirement Benefits
I
Introduction - What is OPEB?
. Governmental Accounting Standards Board (GAS B) Statement 45 - Finance
activities are governed by GASB, which set rules for financial reporting
and accounting for governments;
. Other Post Employment Benefits . A statement issued by GASB. This
follows a parallel that was implemented in the private sector in the early
1990's and has been followed for pensions for retirees;
. Benefits to Roanoke retirees other than pensions and Roanoke's GASB 45
Liability - A blended rate for medical insurance. Medical insurance
includes active employees and retirees in one medical plan, thus, retirees
have benefits of preferential rates by being included with younger
employees;
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· Requires employers to expand cost of retiree benefits during active years
of employment, which is important with pensions, workers compensation
claims, accrued vacation leave, etc., and will be due and payable to an
employee after working years. It is appropriate to consider the cost of
these items during the working years. Address it presently and not put it
off until later; and
· Effective date is FY 2008 - This GASB statement is a large project that has
a staggered implementation date with the first tier due June 30, 2008,
and Roanoke is in said tier due to its population size.
Roanoke's OPEB
· Roanoke retirees with 15 years service gain access to City's group
medical plan;
· The City's plan blends rates of both active and retired employees;
· Retiree rates thereby receive implicit subsidy; and
· Provision of this benefit -> GASB 45 liability
Roanoke's OPEB Team
· Team formed in summer 2006 to assess impact of OPEB and determine
options on which to brief City Council:
o Jesse Hall, Director of Finance
o Ann Shawver, Deputy Director of Finance
o Andrea Trent, Retirement Administrator
o Jim Grigsby, Assistant City Manager of Operations
o Keli Greer, Director of Human Resources )
o Sherman Stovall, Director of Management and Budget
Facts About Retiree Medical
· Roanoke retirees with 15 years service permitted in medical plan to age
65;
· 1,700 total retirees;
. 523 under age 65 and eligible to participate in Roanoke medical plan
based on 15 years of service;
· 240 retirees enrolled in medical plan; and
· 1,550 active employees enrolled in medical plan
Medical Plan Rates
Type of Medical
Covera e
Em 10 ee
Employee/
De endent
Famil
Unblended Active
Em 10 ee Rate (a)
$352.42
$506.27
Blended
Rate
$375.74
$539.77
Unblended Retiree
Rate (b)
$565.11
$811.81
$823.71
$878.22
$1,320.84
611
a. 1,550 active employees in Roanoke's medical plan.
b - 240 retirees in Roanoke's medical plan.
(City's liability is the cost and percentage rate difference between the
"Blended Rate" and the "Un blended Retiree Rate")
I
Measurement of Roanoke's OPEB
. Liability for, future implicit rate subsidy must be measured and
recog n i zed;
. Actuarial analysis determines impact;
. Totalliability-$20.S million;
. GASB annual expense.$2.2 million;
. Current pay-as-you-go funding-$922,000.00; and
. To fully fund - $1,242,000.00 additional contribution required
(Handled by third-party actuary examining who is enrolled in medical plan
today as a retiree and those individuals who may retire tomorrow, in a year,
or future years; and looks at entire employed body, what is being paid now
and expectations for the future.)
Manaqement of Roanoke's OPEB
. Management of OPEB means funding the liability or making policy
changes to reduce and ultimately eliminate liability; and I
. "Initially, Fitch's credit focus will be on understanding each issuer's
liability and its plans for addressing it. An absence of action taken to
fund OPEB liabilities or otherwise manage them will be viewed as a
negative rating factor..."
OPtions
. Make no policy changes;
. Grandfather those with given length of service;
. Grandfather those retiring by specific date; and
. Discontinue blending of rates
Costs and Impacts of OPtions
OPtion 1 - No Chanqes in Policv
. No change to employee/retiree medical; therefore, most popular to
employees/retirees
. Also the most costly, annual funding of $1,242,000.00 required to fully
fund liability;
. Requires development of a strategy to fund; and
. Budgetary item which competes with other priority expenditures of the
City
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OPtion 2 -Grandfather Those With Given Years of Service
· For study purposes, used service of 15 years at GASB implementation
date;
· Current retirees and some future retirees would be held harmless as to
cost;
· Over time, employee medical rates would decrease, retiree rates would
increase;
. Eventually, rates would be unblended;
. Liability-$18 million; and
. Annual additional cost-$888,000.00 initially
Option 3 - Grandfather Those Retirinq bv Given Date
· For study purposes, assumed blending continued for persons retiring by
7/01/11 ;
· Current retirees and some future retirees would be held harmless as to
cost;
. This option would impact retirements;
· Over time, employee medical rates would decrease, retiree rates would
increase;
· Eventually, rates would be unblended;
. Liability - $10 million; and
. Annual additional cost-$428,000.00 initially
OPtion 4 - Discontinue Blended rates
· Both current and future retirees would incur cost increases if rates
unblended;
. Rates for active employees would decrease;
· Option unpopular to retirees, to some extent current employees if
anticipating retirement;
· Depending on timing of implementation, there may be liability at
beginning; and
· The liability would become zero as rates un blended
Related Entitv Impact
. Several related entities' retirees participate in Roanoke medical plan; and
· Policy change needed to prevent Roanoke from incurring liability/cost
related to benefits provided by other employers
613
Entity Employee Reti ree
Members Members
Roanoke Citv Public Schools* N/A 2
Roanoke Detention Commission 65 5
Roanoke Reqional Airport N/A 1
Roanoke Vallev Resource Authoritv N/A 0
Western Virqinia Water Authoritv N/A 1
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Related Entitv Participation in Roanoke Medical Plan
* - There are 1,900 School employees in the School medical insurance plan and there are
170 School retirees in the School medical insurance plan.
NjA - Not applicable. Entity has its own plan for active employees.
Roanoke City Schools are part of the financial reporting along with
City, but has its own coverage. (Ms. Burcham reported that there is
a third-party study being conducted to research dividing health
insurance between the School System and the City, which could
have some implications if a single insurance coverage was enacted
for both. This report is expected by late spring.)
City Schools OPEB
. Schools included in City's financial statements as a component unit;
. OPEB for Schools also by virtue of blended rate medical plan;
. No actuarial study yet;
. 1,900 active employees in School medical plan;
. 170 retirees in School medical plan; and
. Schools planning to unblend rates in upcoming years
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Benchmarkinq Results
. First Cities surveyed;
. Blended rate medical plan most common OPEB;
. Liabilities ranged from the City's $20 million to $190 million;
. Almost all had engaged actuaries to determine liability;
. Most had not yet briefed governing body;
. Decision to fund liability - > mixed; and
. Decision to change policy - > most planned to make some policy changes
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Retirement Benefits
· Roanoke Pension Plan
· This supplement is indexed using 75% of the amount contributed by City
toward active employee healthcare;
· Currently, $259.00 per month; and
· Deferred Compensation Plan (Section 457)
(For full text, see document on file in the City Clerk's Office.)
At this point, Council Member Fitzpatrick entered the meeting.
Discussion:
Ms. Burcham advised that even though OPEB and GASB have initiated the
need to review the health insurance issue, the City is looking at the type of
retirement program in effect now; and the current workforce that is employed
now does not intend to remain until retirement. She further advised that the
City needs to look at the type of retirement program for the future as opposed
to the present defined benefit; the City may need to have a defined contribution
with more portability as individuals move around in careers, such as portability
with jurisdictions inside the Commonwealth, not from other states; and there
may be some future requests to Council for changes to the benefit structure to
make the City a more attractive employer.
Council Member Dowe advised that baby boomers were looking at
retirement and longevity; and therefore, healthier lives for future retirees was
important. He questioned how long the plan could survive if all eligible retirees
chose to participate in the health benefit plan; whereupon, the Director of
Finance responded that the information was based on the actuarial evaluation
reflecting active employees and those retirees who were eligible to participate
in the health plan; and each year, there would be another actuarial evaluation
with updated statistics and funding levels.
Council Member Dowe also asked if there was anything that could be
done to supplement some of the costs; whereupon, it was stated that
organizations were encouraging employees to become more responsible for
their own retirement.
The City Manager noted that the Occupational Health Clinic is available to
employees and retirees to cut medical costs, and a preliminary review is
underway to address health care presently and in the future; and an alternative
for the City is to show that something was being done to address the OPEB
liability. She added that further discussion would be held at the February 16
Financial,and Planning Work Session.
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Council Member Lea asked what option was being recommended;
whereupon, the Director of Finance responded that some type of un blended
rate and the City would most likely grandfather certain people under the
current arrangement, and thereafter, provide other benefits to employees to
help prepare them for retirement.
I
Mayor Harris reminded the Council that the City is unique because many
localities participate in the Virginia Retirement System (VRS) and the topic of
pensions does not have to be addressed by those Councils. He stated that the
City of Roanoke has had a good history of providing a benefit plan to
employees and would want to continue the benefit in the future. He encouraged
Council to review the information and to contact the Director of Finance or the
Deputy Director of Finance with questions or comments.
In closing, the City Manager pointed out that all retirees were eligible for
social security benefits.
The Mayor remarked that Council would review the information and
discuss the issues at its February 16 Financial Planning Workshop.
CITY MARKET DISTRICT PLAN STATUS OF IMPLEMENTATION:
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Christopher Chittum, Planning Administrator, gave the following update
on the City Market District Plan:
Stepped Plaza:
Evaluation of proposals complete and staff is prepared to
recommend selection of a design/engineering consultant. The Arts
Commission has expressed an interest in the project as an
opportunity for public art. .
At this point, Council Member Wishneff entered the meeting.
Mr. Chittum stated that the City has been moving ahead on the Stepped
Plaza, City staff has conducted interviews with consultants chosen in response
to a Request for Proposal, and is ready to select a consultant.
The City Manager pointed out that the City had recently hired an
individual, on a part-time basis, to serve as an "Ambassador" that connects The
Hotel Roanoke & Conference Center to the City Market location based upon
questions about downtown and destinations to various activities. She added
that City staff was in the process of locating kiosks in the City Market area
because of inquiries about the proposed Art Museum, and comments\questions I
relating to downtown.
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Mr. Chittum indicated that the Stepped Plaza would provide an excellent
opportunity to display public art, with the potential for other activities
underneath the area. He also mentioned that the staff would meet with the Arts
Commission who were supportive of the initiatives to discuss the display of
public art.
City Market Buildinq:
City Council approved a CMERP request to address exterior and
interior issues ($274,000.00). Procurement for project elements
are now underway.
R. Brian Townsend, Director of Planning, Building and Community
Development, stated that improvements were for the immediate use of the
Market Building that the main exterior issues were to replace gutter pipes and
downspouts, painting, replacement of the entrance doors on all four sides,
glass replacement, lighting changes and ventilation in the cooking areas, and
interior painting.
Farmers' Market Awninqs:
Mr. Chittum stated that the canopies at the Farmer's Market stalls were
very visible and consideration was given to replacing the canopy material, spot
repairs on the awnings north of Kirk Avenue, and construction of new awnings
along Campbell Avenue. He added that additional feedback was received from
vendors during a small design charette. Council Member Fitzpatrick requested
additional information with regard to plans for the Campbell Avenue area
adjacent to the Farmer's Market because he wanted to keep an "open" look and
feel to the Market area, and not have the scene return to the 1970's era.
The City Manager stated that if balconies became a part of the plan, the
awnings could impact construction. She thought it was Council's desire to
correct the immediate problems and to allow staff additional time to study the
entire balcony issue in greater detail since the process would involve discussing
the matter with the business owners, creating a design, receiving approval from
the Architectural Review Board, and thereafter, construction.
Council Member Wishneff inquired about interim improvements;
whereupon, Mr. Chittum noted receipt of detailed price estimates on the
heating/air conditioning improvements which were cost prohibitive, however,
additional information would be provided to the Council. Council Member
Wishneff also suggested that City staff investigate the possibility of using heat
under canopies. Mr. Chittum added the City was studying the possibility of
using lights beneath the canopies to illuminate merchandise.
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Council Member Dowe inquired if any interest had been shown by
possible financial partners regarding participation with improvements to the
City Market area; whereupon, the City Manager stated that the balconies would
be the responsibility of the individual property owners with a common design
as approved by the Architectural Review Board. He added that David Diaz,
President, Downtown Roanoke Inc., advised that Federal funds previously
thought to be earmarked for some improvements in the Market area were no
longer available; however, the City has been looking strictly at local government
as the financer. She emphasized that if the Market Building recommendations
were to move forward, significant involvement from the private sector would be
expected.
Development of Market Garaqe and Williamson Road Site:
These development opportunities are actively marketed by the
Economic Development Division. Several developers have visited
Roanoke and there is particular interest in the Market Garage
project for residential development; and a design firm has been
selected to develop the initial conceptual designs for the fa<;ade.
Mr. Chittum advised that a design firm had been selected in connection
with the facade improvements for the Market Garage Building, and the City has
been actively marketing the improvements as a development opportunity for
the upper floor residential and first floor retail. He further advised that the
information pertaining to the improvements has become an economic
development calling card for projects in the downtown area, and design
concepts have generated interest for the site. He added that the City hopes the
project will be viewed as a public/private partnership.
Pavinq Options:
Paving stamping of certain crosswalks and bollards stamping at the
four corners of the Market Building are included in the 2007 paving
program at strategic locations around the City Market Building, as
well as paving on Market Street from Campbell Avenue to Church
Avenue. Proposed bollards and stamping around the Market
Building will improve pedestrian safety and protect the canopies on
the Building from further damage.
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Mr. Chittum advised that the City is considering various options
regarding paving in the downtown area, with specific interest surrounding the
Market Building. He further advised that the canopy structure on the Market
Building has been damaged regularly by trucks and needs to be addressed. He
called attention to several options for stamped paving and bollards being
strategically placed around the Market Building to prevent further damage to
the canopies.
Council Member Fitzpatrick called attention to previous discussions
regarding stamp paving for the entire market area, beginning at First Street,
rather than just a couple of blocks, needed to be studied again and the location
of the Historic District needed to be identified. Mr. Chittum pointed out that
the City Market area was scheduled for a complete repave me nt, which would
not preclude stamp paving ata later time.
Council Member Wishneff inquired about cost estimates; whereupon, Mr.
Chittum advised that the cost estimates would be provided by the Director of
Public Works.
With regard to the Market Garage project, Vice-Mayor Trinkle inquired if
any interest had been expressed for a small boutique/hotel; whereupon, the
City Manager stated that the City has been seeking interest for commercial
office space, hotel or residential space, that an out-of-state developer had
visited the City to look at the project in greater detail. Vice-Mayor Trinkle also
inquired if the design concerns for the Campbell Avenue stalls would be
addressed in the process; whereupon, Mr. Chittum stated that there was an
amount budgeted for replacement of the canopies for the stalls and if funds
were available, perhaps an architect could review the design concept for the
stalls to develop a plan, noting that several good ideas had come out of the
design charette which was attended by various retailers and vendors that
represented a good cross-section of stakeholders from downtown Roanoke.
Council Member Wishn'eff inquired about the timeframe decision about
regarding the next level of improvements pertaining to the Market Garage
project; whereupon, the City Manager advised that the decision would be based
upon securing a developer. She pointed out that Council's direction was to
design the fa<;:ade to match a residential or commercial character rather than a
stark garage design; and once the design was available and the City was ready
619
to proceed with construction, it would be necessary for the Council to make the
decision whether to move forward with improvements as well as to include the
additional 66 parking spaces to the rear side of the Market Garage. She
emphasized that a contract had been awarded for the design work, and the
necessary improvements were also being made to the interior and current
exterior of the Market Garage prior to laying brick or any other treatment back
onto the garage.
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(For review of designs, see handout on file in the City Clerk's Office.) ,
There being no further discussion, the Mayor declared the Council
meeting in recess to be reconvened at 12:00 p.m., for a joint meeting with the
Architectural Review Board.
CITY COUNCIL.ARCHITECTURAL REVIEW BOARD: The Council reconvened
in a joint session with the Roanoke City Architectural Review Board at 12:20
p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Vice.Mayor David B. Trinkle and Chair LoraJ. Katz
presiding.
CITY COUNCIL MEMBERS PRESENT: Council Members Sherman P. Lea,
Gwendolyn W. Mason, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr., Mayor C. Nelson Harris (arrived late), and Vice-Mayor David B.
T ri n kl e __nnnn_....uuuuu.uuuu_____n_nnnnnn__n_nn_nnnn___nuuuuuu00000000__00_____7.
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CITY COUNCIL MEMBERS ABSENT: NONEum___mnmm_mmnnnnnnnm___nO.
ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Alison S. Blanton,
Barbara A. Botkin, Donald C. Harwood, Robert N. Richert, James A. Schlueter,
Jon j. Stephenson, and Chair Loraj. Katznnnmmn___nnnmmn.m__mnmnmmm7.
A BS E NT: Non e n_nn -- 00 00 '00_0000 00 .0000__0000 __ - - nnnn nnnnn 00..00.00 00 00 uuuuuuun 0 .
OFFICERS PRESENT: Representing the City of Roanoke: Darlene L.
Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall
Director of Finance; Stephanie M. Moon, Acting City Clerk; James Grigsby,
Assistant City Manager for Operations; and Sheila N. Hartman, Assistant City
Clerk.
Representing Architectural Review Board: Anne S. Beckett, Agent; and
Candace Martin, Secretary.
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ARCHITECTURAL REVIEW BOARD/ANNUAL REPORT: Chair Katz expressed
appreciation for the opportunity to meet with City Council. In reference to the
2006 Annual Report of the Architectural Review Board, Ms. Katz stated that
there was an increase in the number of applications reviewed by the ARB, with
only five denials which has been the average number over the past five years.
Ms. Beckett reviewed information relative to the new Salem Avenue
Historic District designation, which would have tax credits, but would not be an
overlay district. She advised that the City has received funding to update the
H -1 and H.2 Historic Overlay District Guidelines, which would also allow for the
updating of materials, adding that Old Southwest property values continue to
increase.
Ms. Katz stated that the ARB had received letters from concerned citizens
and subsequent meetings held with citizens revealed that a lot of
misinformation existed about the historic districts and she hoped that the
public meetings would reveal what was happening in the historic districts as
well as how the Board addressed the needs of the community. She noted that
several of the letters demanding changes to the guidelines were sent by the
same people whose applications had been declined by the Board. In addition,
she stated that Board members decided not to attend the first public meeting
regarding the guidelines because members did not want to become a
distraction at the meeting, and there would be other opportunities to address
issues by the Board at future meetings.
Council Member Mason asked about the schedule of public meetings;
whereupon, Ms. Beckett advised that one meeting had already been held
regarding the guidelines, and the ARB had scheduled workshops to discuss the
guidelines on February 21 and 22, 2007, and that the guidelines would be
updated to reflect the introduction of new material and the guidelines would be
finalized in July 2007. Ms. Katz interjected that key issues would focus on
windows, doors and signage.
R. Brian Townsend, Director, Planning Building and Economic
Development, stated that a public hearing would be scheduled when the ARB
was ready to take formal action on the guidelines; and thereafter, the
guidelines would be presented to City Council for endorsement.
At this point, Mayor Harris entered the meeting, and the Vice-Mayor
relinquished the chair.
621
The City Manager stated that the last review of the guidelines was
approximately 11 years ago, however, in 2001, several public hearings were
held and minor adjustments were made to the guidelines as a result of
concerns expressed by individual citizens. She added that Council's legislative
item to require building permits for roofs in historic districts continues to be
addressed in the General Assembly, and if adopted, would afford an
opportunity, through the building permit process, for citizens to understand
the historic district requirements.
I
Council Member Fitzpatrick expressed appreciation to the Board for its
efforts, stating that the guidelines have made a difference in the community,
and the 91 % approval rating reflect that the Board is willing to work with the
homeowners.
Council Member Wishneff advised that he would recuse himself from any
official action regarding the ARB guidelines since he had a financial interest in a
project in the Salem Avenue Historic District. With regard to the H-2 District, he
inquired if the guidelines were uniform; whereupon, Ms. Katz responded in the
affirmative. He also inquired if the same set of guidelines should be used for all
neighborhoods, or whether there should be a various guideline levels to
address differences in the various neighborhoods. Ms. Katz indicated that the
guidelines for the H.1 District were more restrictive than the ones for the H-2 I
District, which allow more flexibility of interpretation, to the citizen's benefit in
past years, and most applications were approved.
Council Member Dowe stated that since the guidelines were created from
citizen input that helped to shape their neighborhood, he noted that a certain
amount of respect had to be given to the process, and therefore, believes the
guidelines were not handed down by the City. He stated that Roanoke has the
more affordable housing option in the region with residents chosing to live in
the historic districts in order to receive tax incentives to maintain their homes;
and he would prefer that all homeowners seek assistance from the ARB prior to
making changes to their property, rather than appearing before Council to
request a reversal in the decision of the ARB. He also concurred in Council
Member Wishneff's suggestion that consideration be given to the creation of
different levels within the guidelines.
Council Member Wishneff asked that the additional recommendations
regarding different levels within the guidelines be provided during the budget
study session. He inquired if the Board handled projects in the historic district
that were located in the floodplain zone; whereupon, Mr. Townsend responded
that if a project relates to substantial rehabilitation of a building within the
floodplain that has existed for a long period of time and goes through a I
substantial rehabilitation under the Building Code as related to the level of
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investment to such value, it would trigger a floodproofing requirement within
the Building Code. He further stated that the Building Code provides that if a
structure is within a historic district and floodproofing would otherwise render,
challenge or put into doubt its historic context, alternative methods of
floodproofing must be offered.
Vice-Mayor Trinkle inquired if the Salem Avenue area was going to be an
overlay district; whereupon, Ms. Beckett advised that it was not, but noted that
there may be an opportunity for historic buildings to qualify for tax credits. He
expressed appreciation for the Board's efforts and asked if the update would
include all the policies and procedures as well as the guidelines; whereupon,
Ms. Katz responded in the affirmative, adding that the new forms would make
the process easier and more explicit for the applicant's use. He also agreed
with the suggestion regarding availability of funds for financial need-based
assistance for certain projects.
Mayor Harris expressed appreciation to the Board for their work stating
that the 2006 Annual Report spoke well of its efforts and revealed that the
Board was working with citizens to a large degree. He was of the opinion that
consideration should be given to what neighborhoods, such as Old Southwest,
might look like today had the historic district guidelines never been created. He
indicated that the guidelines had helped to preserve and protect the ambiance
of the neighborhoods as well as the investments made by the homeowners.
Ms. Katz informed the Board and the Council that she had accepted a
position in Washington, D.C., and therefore, would be tendering her resignation
as a member of the Board. The Mayor expressed appreciation to Ms. Katz for
her service as a member of the Architectural Review Board and congratulated
her on her new position.
There being no further business, the Architectural Review Board was
adjourned at 1: 15 p.m.
At 1: 15 p.m., the Mayor declared the Council meeting in recess to be
reconvened for the continuation of briefings.
At 1 :25 p.m., the Council meeting reconvened, in Room 159, with Vice-
Mayor Trinkle presiding.
623
WILLIAMSON ROAD FIRE STATION
Philip C. Schirmer, City Engineer, highlighted information and
recommendations regarding the Williamson Road Fire Station.
Mr. Schirmer advised that the City Planning Commission had previously
sent a letter to the Council expressing concern with regard to the station's
design, and noted the following:
Full brick exterior on the building would cost an additional $30,000.00;
Modifications of the design were required to bring the project within
budget; and
Relationship of the building to Williamson Road. It was desirable that the
building actually front on Williamson Road, but it does not work well for
this particular site to have the fire apparatus egress onto the site.
Mr. Schirmer referred to a drawing depicting the driveway entrance from
Birchlawn Avenue, N. W., and the plaza concept which gave the appearance of a
connection to Williamson Road, at an additional cost of $1 53,105.00.
He reviewed the following project features and budget:
Budgeted Building Cost
Current Estimate
$ 1,250,000.00
$ 1,361,683.00
($111,683.00)
Discussion of Fire Department Operational Issues: Apparatus bays were
reduced in size to a range of about 50 feet in order to stay with budget, which
met the very minimal needs of the Fire Department, but did not allow for any
additional storage space for a backup vehicle. It was noted that there was still a
budget challenge regarding the project of approximately $100,000.00, without
any proposed changes; and there might be a way to cover the costs through
contingency money from a fire station currently under construction.
Longer Apparatus Bays
(Two 80.foot bays)
$ 120,000.00
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Fire Chief David Hoback interjected that without the larger bays, there
would be no place to park the backup/reserve apparatus; and extending the
bays is a higher priority which would be included in an alternate bid.
Vice-Mayor Trinkle asked if there were any cost savings in retaining the
Fire Station at the Roanoke Regional Airport; whereupon, Chief Hoback advised
that the Airport Commission was in the process of relocating the station; and
he was not sure if the Commission was going to use said piece of property, plus
the City would have to start paying rent to the Commission for use of the
property within a few years if they continued to use it as a fire station. Ms.
Burcham added that the City is 100 percent reimbursed by the Airport
Commission for expenses associated with the fire personnel for the Airport.
Council Member Fitzpatrick expressed concern about the station's
operational capacity, and because the City was replacing fire stations built in
the 1920's and 1930's, he strongly supports extending the length of the bays,
with the third bay as an option. He stated that he was not convinced that the
City Planning Commission's requested changes were as urgent as the
operations of protecting the citizens and allowing the Fire Department the
ability to move equipment around.
The City Engineer discussed the LEED Certification (Leadership in Energy
and Environmental Design) of the U. S. Green Building Council, advising of the
four certification levels: certified, silver, gold and platinum. He noted that the
proposed Fire Station Building could achieve a certified or silver level,
depending on the additional resources the Council was willing to commit; and
there were five major elements that could lead to the certification process:
sustainable sites, water efficiency, energy and atmosphere, materials and
resources, and indoor environmental air quality. He further advised that the
documentation process was intensive, but during the current design and
construction process it has been proven that the City was meeting all the
various criteria for the LEED Certification, which translates into an additional
design committee and construction fees. He also indicated that the City's
challenge is to have the design within the budget, whereby in reality, the City
would need to be prepared to spend additional funds to construct a building
that would be LEED certified, namely:
LEED fees
A/E Design and Documentation
Commissioning Agent
Increased Building Cost (5-10%)
$ 3,500.00
$ 54,325.00
$ 20,000.00
$136,168.00
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He noted that a Commissioning Agent would confirm that the systems
have been installed in the building as intended and functioning according to the
basic design; and although the proposed Fire Station building is a fairly large
sized building to construct, however following an initial review, it would not be
difficult to reach a certifiable level.
The City Manager reiterated that she was of the opinion that the
proposed Fire Station building may not be the appropriate building for LEED
certification, perhaps the next fire station to be designed and constructed
might offer a better opportunity since this project was already over the
projected budget amount by about $111,000.00, which could be covered by
contingencies from Fire Station No.1; and if the extended bays were included,
the cost would be an additional $120,000.00, and she would then recommend
the cost for an all brick structure be included at $30,000.00, for a total cost of
$150,000.00, adding that a brick facade was standard for fire stations and
requires less maintenance. She pointed out that funds may be available from
the police building construction project to cover the additional $150,000.00
costs because there were liquidated damages and other items still being
negotiated; however, finding money to cover the LEED related costs of
approximately $207,000.00 would be a real challenge; and therefore, she was
seeking for Council's direction on all the items and would act accordingly.
Council Member Fitzpatrick asked about the computation if the City
decided to obtain the LEED Certification; whereupon, Mr. Schirmer advised that
there would ultimately be a cost savings in the long run because of the higher
effiCiency systems, but it would be a challenge within the City organization
because the money would have to come from different budgets within the City's
organization.
Vice-Mayor Trinkle asked what the cost percentage ratio would be;
whereupon, Mr. Schirmer stated that said information would be ascertained
through the energy model during the design process, however, there was a
reduced operating expense for LEED certified buildings.
Council Member Wishneff stated that it might be possible to use the
project as an example for the community, since the energy being used would
be 100 percent renewable rather than just reduced, and wondered if the City
should evaluate the use of third parties to build and own equipment on top of
buildings whether solar system or geothermal, etc., since there were tax credits
and deductions available to them that are not available to the City; whereupon,
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the City Manager explained that the City had studied the possibility of existing
buildings, and because of the requirements for pay back, contractual
arrangements would already be considered by the bond rating agencies as a
debt and the City has hired some heating and air conditioning technicians as
staff, rather than interjecting a contract, in order to start capturing some
savings.
After discussion, it was agreed that future consideration for LEED
Certified buildings would be given to approaching said types of projects,
especially in light of the response time for the Airport fire station, and that
there may be potential shared resources between the City and the School Board
with regard to their physical plant issues and perhaps the William Fleming High
School project could be an opportunity for both a learning as well as a joint-
resource.
Vice-Mayor Trinkle did not believe good judgment would be used to build
a facility that would be outdated quickly, noting he was in favor of extending
the length of the bays and building a full brick facade; and that the plaza
portion of the fire station could be done later. However, he was not sure the fire
station was the project for a LEED certification, since the additional work and
LEED Certification would cost approximately $357,900.00. The City Manager
stated that she intended to take the costs for the extended bays and full brick
facade from whatever funds remained from the police building project, but she
was uncertain about funds for the LEED Certification.
Council Member Fitzpatrick noted that he was not comfortable voting to
approve such a large amount of money unless the Administration could provide
an explanation regarding what the return would be in relation to the LEED
Certification.
Mr. Schirmer noted that Council's comments were consistent with those
of other localities in connection with the uncertainty of the LEED Certification.
Following indepth discussion, it was the consensus of the Council to
approve the extension of the bays and construct a full brick fa<;ade. The City
Manager was directed to report to Council additional information on the LEED
Certification.
627
At 1 :50 p.m., Vice-Mayor Trinkle declared the Council meeting in recess
to be reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C.
Taylor Municipal Building.
At 2:00 p.m., the Council meeting reconvened in the 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 Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
and Mayor C. Nelson Harris___m___nm_mnmnn.mnnmnmhummnm_m_m_______m 7.
ABS ENT: No n en_nnnn_nn...nnnnn___u__nnnnnnnnnnnnnn____...nnn....nhO.
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 Stephanie M.
Moon, Acting City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
SISTER CITIES: The Mayor recognized middle school students from Wonju,
Korea, Roanoke's Sister City.
CITY COUNCIL-DECEASED PERSONS: Council Member Dowe offered the
following Resolution memorializing the late Ralph K. Bowles, former Council
Member.
(#37667-020507) A RESOLUTION memorializing the late Ralph Keister
Bowles, former City Council member and longtime resident of Roanoke.
(For full text of resolution, see Resolution Book No. 71, page 141.)
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Council Member Dowe moved the adoption of Resolution No. 37667-
020507. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r H arri S_nuuuhu.u_un___unoouu.un_nunn_h_uun_nnn.hu.uuunnun__u.-7.
NAYS: No n e.u_._nuunnhuuu.___nnn_un_..u.nnnnuhuuu.._nunnuu.u.un_uO.
Mayor Harris presented a ceremonial copy of Resolution No. 37667-
020507 to the Honorable Elizabeth T. Bowles, wife and former Council Member.
Mrs. Bowles expressed appreciation to the Council and citizens of the
City of Roanoke for all acts of kindness shown during her time of bereavement.
PROCLAMATIONS-CELEBRATIONS: The Honorable Joe McNamara,
Chairman, Roanoke County Board of Supervisors, presented a proclamation
commemorating the City of Roanoke on its 12 S'h Anniversary as a city.
On behalf of the Council and the citizens of the City of Roanoke, the
Mayor expressed appreciation to the Roanoke County Board of Supervisors for
the recognition of the City's 125'" Anniversary as a city.
PROCLAMATIONS-POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT:
The Mayor presented proclamation to Deputy Chief Tim Jones declaring the
week of February 5 - 11, 2007, as Child Passenger Safety Week.
ACTS OF ACKNOWLEDGEMENT.MANAGEMENT AND BUDGET: The Mayor
presented to Sherman Stovall, Director, Management and Budget, the
Government Finance Officers Association Distinguished Budget Presentation
Award for the current year from the Government Finance Officers Association.
The Mayor advised that the award is the highest form of recognition in
governmental budgeting and represents a significant achievement by the City of
Roanoke.
CITY CLERK: Council Member Dowe offered the following Resolution
appointing Stephanie M. Moon as the City Clerk for the City of Roanoke. for a
term ending September 30, 2008.
(#37668-020507) A RESOLUTION electing and appointing Stephanie M.
Moon as City Clerk for the City of Roanoke, and ratifying the terms and
conditions of employment as City Clerk offered to Stephanie M. Moon.
(For full text of resolution, see Resolution Book No. 71, page 143.)
629
Council Member Dowe moved the adoption of Resolution No.
37668-020507. The motion was seconded by Council Member Mason.
As Chair of the City Council Personnel Committee, Council Member Dowe
advised that the Council was proud and congratulatory in its selection of
Stephanie Moon as the City Clerk. He pointed out that the Council respected
the integrity of the selection and hiring process, and he congratulated Ms.
Moon and the City Clerk's office staff on respecting the integrity of the process
as well. He added that Ms. Moon had been chosen as the best clerk from a
numerous amount of applications throughout the country, which was viewed as
an accomplishment of great magnitude. In closing, he stated that the Council
looked forward to working with Ms. Moon and realized that she has been
trained and prepared for the task at hand.
There being no further comments by the Council Resolution No.3 7668.
020507 was adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harris_oon.oooooonnnn.uoonoonnn_noooooon._.unn_n_oo_oon.noooooon_nnn000000.7.
NAYS: No n eoon.oo_._n__oooonoooonn.....n._..nn.n.oo_oo...noooon.....n__.__OOhu-000000-0.
Ms. Moon expressed appreciation to the Council for the appointment.
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.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 4, 2006, was before Council.
(See Minutes on file in the City Clerk's Office.)
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Council Member Mason moved that the minutes be dispensed with and
approved as recorded. The motion was seconded by Vice.Mayor Trinkle and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r Harri sn.nnnnnn__oon_.n...nnnnnnnn..n.nn.n__...nnn..nnuoo.n.nnn00..7.
NAYS: Non e 000000000000_.000000.0000.0000000000.00.00.000000_.00.0000...0000.0000000000000000._.00000.
COMMITTEES.WATER RESOURCES: A communication from Jean Thurman,
Secretary, Western Virginia Water Authority, advising of the resignation of
John B. Williamson, III, as a member of the Board of Directors, was before the
Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason moved that Council accept the resignation and
receive and file the communication. The motion was seconded by Vice.Mayor
Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harris-.-nnn.n.nnuoooon___nnnnnnnn.noon.nn.nnnnoonnnnnnn.n_00.---7.
NAYS: Non e 0000 noon 00 noon .n'nn 00 noon. 00 .0000.00 '0000'_00' 00 00..0000.00 noon 000000__ 000000.0.
CITY PROPERTY-LEASES: A written communication from the City Manager
requesting that Council schedule a public hearing for Tuesday, February 20,
2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to a request of Ned Jeter to lease approximately 20.4 acres of
City.owned property located at Coyner Springs for agricultural use, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
City Manager. The motion was seconded by Vice.Mayor Trinkle and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harrisnn.oon.nn.nnnnunn._.nnnn..__oon.nnnnnn__._nnnnn__nnnnnoon 7.
NAYS: N 0 ne--nnnnn-.nnn..nnoou.nnnnnn____n..nnnn..__nn.nnnnoonnnn__.O.
631
CAMPBELL COURT PARKING GARAGE: A written communication from the
Director of Finance requesting that Council schedule a public hearing for
Tuesday, February 20, 2007, at 7:00 p.m., or as soon thereafter as the matter
may be heard, with regard to issuance of general obligation public
improvement bonds, in the principal amount of $2.6 million, for construction of
the Campbell Avenue Parking Garage, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
Director of Finance. The motion was seconded by Vice.Mayor Trinkle and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harri snn.nnnnnnnnnn....nnnn.nnoOnnnnnnn__n.nn_.nnnnnnnnnnn 7.
NAYS: No n ennnnnn..nnnn_n._nn..nnnnnunnnnnn__nnn.._nnnnnnnnnn.O.
ANNUAL REPORTS.PENSIONS: A written communication from the Director
of Finance transmitting the City's Pension Plan Comprehensive Annual Financial
Report for the year ended June 30, 2006, was before the Council.
(For full text, see City's Pension Plan Comprehensive Annual Financial Report on
file in the City Clerk's Office.)
Council Member Mason moved that the City's Pension Plan
Comprehensive Financial Report be received and filed. The motion was
seconded by Vice'Mayor Trinkle and adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harrisnn....nnn.noonnnn.nnnnnnnn.._u_nnnn.nnn..nn.nnnnoo.000000..7.
NAYS: Non e nn U unnn 00 00 00000000 00 00 n n' 00000000..00000000 00 ._._n.___. 00 000000000000 00 00... -.0.
ANNUAL REPORTS.COMMUNITY PLANNING: A written communication from
the City Planning Commission transmitting the 2006 Annual Report, was before
the Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
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Council Member Mason moved that the 2006 Annual Report be received
and filed. The motion was seconded by Vice.Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, 'Dowe, Fitzpatrick
an d Mayo r Harri Snoooo.noooo....oooonn.oooooooonn.noooooo.u..._.oonoooooonoooonnoonnooooooh._7 .
NAYS: No n eoonoon._.oo_uh..nnnnnn.n.nn_noonnoooo.oo.nnn.un_.nn..n._....0000.0.
OATHS OF OFFICE'COMMiTTEES.YOUTH: A report of qualification of
Earnestine Garrison as a member of the Youth Services Citizen Board, for a term
ending May 31, 2009, was before the Council.
(See Oath on Affirmation of Office on file in the City Clerk's Office.)
Council Member Mason moved that the report of qualification be received
and filed. The motion was seconded by Vice.Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor H arri soooooooo.noonnnoon...nh.nnnn_nnoooooonn.__oo_h.nn._oonnnn.nn_ooh..7 .
NAYS: No n ehnnnnn__oooonn.n.n..n.n.oo.hnnnnoooooon..nooh.nnnnn._oonnnoo.O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
LEGISLATION: Fred W. Hutchins, Regional Representative to United States
Senator James Webb, appeared on behalf of Senator Webb to convey his
appreciation to the citizens of the City of Roanoke. Mr. Hutchins advised that
the Senator looked forward to working with the Council and the City throughout
the upcoming years. Mr. Hutchins further advised that Senator Webb has deep
family roots in Southwest Virginia and was therefore particularly interested in
helping cities and communities in Southwest Virginia to grow and prosper, such
as Roanoke. He stated that the Senator wanted to emphasize that City officials
needed to enhance economic strategies in order to bring new businesses to the
area and to fully utilize the naturai, historical and cultural attributes the City of
Roanoke has to offer. In closing, Mr. Hutchins also offered his support and
assistance.
633
ZONING: Mayor Harris advised that a request of Pro-Line Performance,
Inc., for reconsideration to rezone two tracts of land located at 3922 and 3942
Thirlane Road, N. W., subject to a certain condition proffered by the petitioner,
was considered by the Council at its 7:00 p.m. session on Tuesday, January 16,
2007. However, due to a miscommunication with Maryellen Goodlatte, the
petitioner's attorney, advising that action on the matter would be postponed,
Ms. Goodlatte nor the petitioner were in attendance. The public hearing was
held, no speakers appeared, therefore, the Council voted to concur in the
recommendation of the City Planning Commission to deny the request for
rezoning. Having notified Council of the mishap, the Council agreed to allow
Ms. Goodlatte the opportunity to appear on behalf of her client to request
reconsideration of the matter. In order to reconsider the rezoning request, the
request must be placed back on the table for discussion and vote again. Council
Member Fitzpatrick moved that the rezoning request of Pro.Line Performance,
Inc., be placed back on the table for reconsideration by Council. The motion
was seconded by Council Member Lea and unanimously adopted.
Maryellen Goodlatte, Attorney, expressed appreciation to the Council for
its willingness to reconsider the matter. She pointed out that since there would
not be sufficient time to readvertise the public hearing for the February 20,
2007 Council Meeting she requested that a public hearing be scheduled
regarding the matter on Monday, March 19, 2007.
There being no objection by the Council, the Mayor advised that the
rezoning request would be tabled until Monday, March 19, 2007, at 7:00 p.m.,
or as soon thereafter the matter may be heard by Council.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET.GRANTS.YOUTH: The City Manager submitted a written
communication recommending acceptance of the Governor's Youth Community
Service and Civic Engagement Program funds for the Service Learning Academy
grant program; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
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Vice'Mayor Trinkle offered the following resolution:
(#37669.020507) A RESOLUTION authorizing the acceptance of a grant
from the Governor's Youth Community Service and Civic Engagement program
to be used to establish and implement a Service Learning Academy in
connection with the Youth Haven program; and authorizing the execution of the
necessary documents to accept such grant, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 71, page 145.)
Vice'Mayor moved the adoption of Resolution No. 37669.020507. The
motion was seconded by Council Member Dowe and adopted by the following
vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayo r H arri sn.nnnnnnnnn.nnnnnn..nnnnnnnnn_.uu.uu.u.u._.n...nnnnnn 7 .
NAYS: No neuuuu.uu.uunnnnn..nnnnn.nnnnnnnn...n.nn.nnoon.u.uu.uuO.
Council Member Fitzpatrick offered the following budget ordinance:
(#37670.020507) AN ORDINANCE to appropriate local match funding
and funding from the Commonwealth of Virginia Department of Criminal Justice
Services for the Governor's Office on Substance Abuse Grant Program,
amending and reordaining certain sections of the 2006.2007 General and Grant
Funds Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 146.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37670.
020507. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harris.n..nnnnnnnnnnnnnnn.nnnnnnnnn..n_n.._.uuuuuuu..u000000;.7.
NAYS: Non e 000000__ -- .n_oo n 0000000000 0000.00000000.00.0000.. noon 00000000.00000000 00000000 000000.0.
635
POLICE DEPARTMENT.BUDGET.GRANTS.YOUTH: The City Manager
submitted a written communication recommending acceptance of a Juvenile
Accountability Block Grant from the Department of Criminal Justice Services;
and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#37671.020507) A RESOLUTION authorizing acceptance of a Juvenile
Accountability Block Grant from the Virginia Department of Criminal Justice
Services on behalf of the City, and authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
(For full text of ordinance, see Ordinance Book No. 70, page 147.)
Council Member Mason moved the adoption of Ordinance No.
37671.020507. The motion was seconded by Vice.Mayor Trinkle and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick and
Mayo r H a r ri Soon ..00000000n.. 00 00 00 00 0000000000. 00..00000000 00 00 noon 00 00 00...00.. nnuu'uuu' u.. u u.. 6.
NAYS: None 0000000000000000000000000000.0000000000..000000000000000000000000.00000000000000..000000.0.
(Since he is a member of the Virginia Department of Criminal Justice Services
Board, Council Member Dowe abstained from voting.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37672-020507) AN ORDINANCE to appropriate local match funding and
funding from the Commonwealth of Virginia Department of Criminal Justice
Services for the Juvenile Accountability Block Grant Program, amending and
reordaining certain sections of the 2006.2007 General and Grant Funds
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 148.)
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Council Member Fitzpatrick moved the adoption of Ordinance No.3 7672.
020507. The motion was seconded by Vice.Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Fitzpatrick and Mayor
H ar ri S.n 00 0000 00 0000..00n00.n000000__.. _. nnn.n 00 ._0000.. noon 00000000 00.00 noon.. 0000'00' 00000000' - .0000. 5 .
NAYS: No n en__nnn..nuuunnnnnnn.nnnnnn...nnoon..u_uu.nnnnnnn.n.n.O.
(Council Member Wishneff was not present when the vote was recorded.)
(Since he is a member of the Virginia Department of Criminal Justice Services
Board, Council Member Dowe abstained from voting.)
CITY CODE.NUISANCES: The City Manager submitted a written
communication recommending amendment of Section 21.207 of the City Code
to enforce noise disturbances between the hours of 8:00 a.m. - 10:00 p.m.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37673.020507) AN ORDINANCE amending and reordaining
Subsection I of Section 21-207, Same.Specific prohibitions, of Chapter 21,
Offense - Miscellaneous, Code of the City of Roanoke (1979), as amended; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book, No. 71, page 149.)
Council Member Dowe moved the adoption of Resolution No.
37673.020507. The motion was seconded by Council Member Fitzpatrick.
Ms. Edna Whittier, 860 Marshall Avenue, S. W., spoke in support of
Ordinance No. 37673.020507, since the measure calls for enforcement on
Saturday and Sunday nights.
There being no further comments by the Council, Ordinance No. 37673.
020507 was adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick and Mayor
H ar ri Soon. noon noon 00 00.0000 00 noon 00..0000000000.00000000 00000000 noon 00 0000_0000.. '00_000000 00 0000000000..6.
NAYS: Non e 00000000 n -. 'nnn.._ 00000000 00 .00000000 noon 0000'00' 00 noon 00.00..00000000 00 00 00--00.0.
(Council Member Wishneff was not present when the vote was recorded.)
637
CITY CODE - PARKS - SPECIAL PERMITS: The City Manager submitted a
written communication recommending amendment of Section 24.97 of the City
Code to extend the time period for possession or consumption of alcoholic
beverages within designated park facilities from 10:00 p.m. to 12:00 a.m.
(midnight) of any day, pursuant to issuance of an alcohol permit by the City
Manager.
I
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
"AN ORDINANCE amending and reordaining ~24'97, Possession or
consumption of alcoholic beveraqes, of Article IV, Parks, of Chapter 24, Public
Buildinqs and Property Generallv, Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance."
(For full text, see ordinance on file in the City Clerk's Office.)
Council Member Fitzpatrick moved the adoption of the ordinance. The
motion was seconded by Vice.Mayor Trinkle and defeated by the following vote:
AYES: Council Members Trinkle, Wishneff, and Fitzpatrickmm.m.mnmn3. I
NAYS: Council Members Dowe, Lea, Mason and Mayor HarrisoOhmhnm.-4.
BUDGET.COMMUNICATIONS.ClTY INFORMATION SYSTEMS: The City
Manager submitted a written communication recommending appropriation of
funds for various telephone projects in connection with the Information
Technology Strategic Plan.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#37674.020507) AN ORDINANCE to appropriate funding from the
Department of Technology Fund Retained Earnings for various telephone
projects, amending and reordaining certain sections of the 2006-2007
Department of Technology Fund Appropriations and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 151.)
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Council Member Mason moved the adoption of Ordinance No.
37674.020507. The motion was seconded by Council Member Lea and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor Harrisnn.uuuunnnnnnn..nn_uuuunnnnnnnn.n..nnn_n_n__oOunnnnn 7.
NAYS: No n e.nuuu.u.uu.nnn.onnnn.u.u._.nnnnn....nnn.nnnn__._nu.u.0000.0.
INDUSTRIES.ECONOMIC DEVELOPMENT: The City Manager submitted a
written communication recommending execution of Amendment No. 1 to the
Performance Agreement dated December 9, 2005, between the City of Roanoke,
Faison.Southern Lane, LLC, and the Economic De\lelopment Authority, to
provide for a two.month time extension in connection with the Home Depot
facility.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37675,020507) AN ORDINANCE authorizing the proper City officials to
execute an amendment to a Performance Agreement dated December 9, 2005,
among the City of Roanoke, (City), the Industrial Development Authority of the
City of Roanoke, Virginia, (IDA), and Faison'Southern Lane, LLC, (FSL), which
amendment will provide for a certain time extension concerning a certain
obligation of FSL under such Performance Agreement and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 152.)
Council Member Fitzpatrick moved the adoption of Ordinance No.
37675.020507. The motion was seconded by Council Member Dowe:
For clarification purposes, Council Member Dowe inquired if there was a
downside to' the City if deadlines were continually reestablished; whereupon,
the City Manager responded that the issue with establishing deadlines was to
ensure that the developer follows through with his or her commitment. She
stated that in the two instances, this one being the second, Council had been
asked to grant an exception, adding that circumstances clearly warrant the
recommendation to grant the exception.
639
There being no further questions or comments by the Council, Ordinance
No. 37675.020507 was adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
and Mayor H arri s .nnnnn.n_n.n.nnn.nnn.nnnn.nnn.nnnnnnnnnuhnn_.nnnnnn 7 .
NAYS: Non e nnnnnnnnnnn.nn.nn.......oohhnn......nnnnnnnn.nn..nnnn...O.
CITY ATTORNEY:
CITY CODE: At the request of Council Member Beverly T. Fitzpatrick, Jr.,
the City Attorney submitted a written communication recommending adoption
of an ordinance to amend the City Code to clarify Section 21.81 relating to the
discharge of pneumatic guns.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37676.020507) AN ORDINANCE amending and reordaining Section
21.81, Discharqe of air oun. oravel shooter. pneumatic oun. etc., of Chapter 21 ,
Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 153.)
Council Member Dowe moved the adoption of Ordinance No.
37676.020507. The motion was seconded by Vice'Mayor Trinkle.
Council Member Fitzpatrick stated that he had requested the amendment
in order to help young people understand the significance of handling weapons
in a very controlled environment by working with organizations such as 4.H
groups.
The City Manager noted discussions with several individuals concerning
statements regarding the program. She indicated that there had been an
increased number of bb gun incidents in the City which was also a concern and,
since said activity could be performed in surrounding jurisdictions, she did not
believe it was necessary for the City to revise its Code.
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The City Attorney stated that proposed revisions would help ensure that
minors who are engaged in indoor pneumatic gun training programs (as has
been permitted in the past by the City Code) do so under the supervision of
their parent or guardian or an instructor certified by one of several well.
respected organizations which sponsor such training, such as the 4.H and Boy
Scouts.
There being no further questions or comments by the Council, Ordinance
No. 37676.020507 was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Fitzpatrick and Mayor
H a rri s 00.0000 00 .nnd. n...n0000000000 n nnUn __. noon nnnn nnd 00 000000.000000 0000 00 .._.n dun 00000... 5 .
NAYS: Council Members Dowe and Leanm.mnnmmmnnm.___.mnnm.o_n2.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the month of December 2006.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by the Council, the Mayor advised that the Financial
Report for the month of December 2006, would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET.HOUSING/ AUTHORITY: Ordinance No.3 7662,020507, on second
reading, approving the terms and execution of Budget Amendment No.1 to the
Amended and Supplemented South Jefferson Cooperation Agreement 2 between
the City of Roanoke and Roanoke Redevelopment and Housing Authority,
having previously been before the Council for its first reading on Tuesday,
January 16, 2007, read and adopted on its first reading and laid over, was again
before the body, Council Member Fitzpatrick offering the follOWing for its
second reading and final adoption.
641
(#37662.020507) AN ORDINANCE authorizing the proper City officials to
execute a Budget Amendment No. 1 to the Amended and Supplemented South
Jefferson Cooperation Agreement 2 (Budget Amendment No.1) between the
City of Roanoke (City) and the City of Roanoke Redevelopment and Housing
Authority (RRHA); approving an amended budget for such Budget Amendment
No.1; and authorizing the City Manager to take such actions and execute
further documents as may be needed to implement and administer such Budget
Amendment No.1.
(For full text of ordinance, see Ordinance Book No. 71, page 156.)
Council Member Fitzpatrick moved the adoption of Ordinance No.
37662.020507. The motion was seconded by Council Member Dowe and
adopted by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe and Mayor
H arri S.n 00.. 00 00 00 00 n__n.nnn 00000000..000000.00.0000.00000000 00 00 00 00000000. _' -... .00000000000000. 00..00 n' -6 .
NAYS: Non enn..nnnnnnnn..nn._hn.n...nnn.__n...nn_nnn...nhoo.nn.nn00--.0.
(Since he was an associate of a consulting firm that had been named in a State
audit investigation, Council Member Fitzpatrick abstained from voting.)
BUDGET.HOUSING/ AUTHORITY: Ordinance No.3 7663.020507, on second
reading, appropriating funds in connection with the South Jefferson
Redevelopment Project, having previously been before the Council for its first
reading on Tuesday, January 16, 2007, read and adopted on its first reading
and laid over, was again before the body, Council Member Dowe offering the
following for its second reading and final adoption.
(#37663'020507) AN ORDINANCE to appropriate funding from the
Economic and Community Development Reserve for the South Jefferson
Redevelopment Project, amending and reordaining certain sections of the 2006.
2007 Capital Projects Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 71, page 158.)
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Council Member Dowe moved the adoption of Ordinance No. 37663.
020507. The motion was seconded by Vice.Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe and Mayor
H a rri s 00000 00.0000. nun n.n 00000000 n nun 0000000._ noon 00 nun 00 00 0000.00..00 00 __ __000000 .0000. 000000 _'00006 .
NAYS: N 0 nen.nnu.nnuunnn.onnun.nuun.uun.n..__nuunu.nuun._nnnnn.O.
(Since he was an associate of a consulting firm that had been named in a State
audit investigation, Council Member Fitzpatrick abstained from voting.)
ZONING: Ordinance No. 37665.020507, on second reading, rezoning
property located at the eastern terminus of Appleton Avenue, N. W., subject to
certain condition proffered by the petitioners, having previously been before
the Council for its first reading on Tuesday, January 16, 2007, read and
adopted on its first reading and laid over, was again before the body, Council
Member Dowe offering the following for its second reading and final adoption.
(#37665.020507) AN ORDINANCE to amend 936.2.100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain property
within the City, subject to a certain condition proffered by the applicant.
(For full text of ordinance, see Ordinance Book No. 71, page 159.)
Council Member Dowe moved the adoption of Ordinance No. 37665.
020507. The motion was seconded by Council Member Lea and adopted by the
following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe, Fitzpatrick
an d Mayo r H arri Su...nuunnnunnnn.nnnnnoonunnnuunn.nnuuu..n__nnunn__n..7 .
NAYS: No neunnoonnnnnnn__o.nnun.nnunnuuunnuunn...n___n.nnnnnn.nO.
CITY MARKET.LEASES: Ordinance No. 37666.020507, on second reading,
authorizing the lease of space to Christopher J. Dobe, d/b/a ADobe Salad
Works, in the City Market Building for a term of three years, having previously
been before the Council for its first reading on Tuesday, January 16, 2007, read
and adopted on its first reading and laid over, was again before the body,
Council Member Mason offering the following for its second reading and final
adoption.
643
(#37666'020507) AN ORDINANCE authorizing the lease of 297 square
feet of space located within the City Market Building for a term of three (3)
years for a restaurant.
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(For full text of ordinance, see Ordinance Book No. 71, page 158.)
Council Member Mason moved the adoption of Ordinance No.
37666.020507. The motion was seconded by Vice-Mayor Trinkle and adopted
by the following vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, 'Dowe, Fitzpatrick
and Mayor Harrisuu.noooonoooonnnoooooooooo.......n.ooooho..Oo.uuuu...uuuu._.00000000000000 7.
NAYS: Noneuuuu.un__.__noooooon..noo.nnnoooon..noooooohuuoooooo.uuu__....uu...0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGMENT.CITY COUNCIL: Council Member Dowe
expressed appreciation to the Council, City administration and citizens of the
City of Roanoke for all acts of kindness shown him during his recent knee
surgery.
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L1CENSES.TAXES: Mayor Harris advised that there had been some
discussion by neighboring jurisdictions regarding the elimination of vehicle
decals. He noted that he too had discussed the matter with the City Treasurer,
and that the Council would be remiss if it did not engage the subject.
The City Manager announced that the issue of eliminating the vehicle
decals would be included for discussion at Council's Financial and Planning
Work Session scheduled for Friday, February 16, 2007, at 8:30 a.m., in the EOC
Conference Room, Room 159. She added that the elimination of decals would
have some budgeting implications which would require feedback from the
Council.
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.
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SCHOOLS: Mr. Bertrand Mullen, 2962 Oakcrest Avenue, S. W., appeared to
express his concern with regard to the lack of textbooks for students in the
Roanoke City Public School System. He was of the opinion that the City needed
to intervene since part of the problem was money not being spent properly,
noting the mismanagement of money in connection with the construction of the
new Patrick Henry High School, where inexpensive materials were used and
repairs are necessary. He added that money should be spent on textbooks,
teachers' raises, etc., adding that the teachers deserved a 1.8 percent raise and
he called for a change in the City's education system.
The Mayor expressed appreciation to Mr. Mullen for his appearance
before the Council, and advised that the matter regarding the textbook
purchases would be included on the agenda for discussion by the Council and
the Roanoke City School Board at a joint meeting scheduled for Monday,
March 5 at 9:00 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor
Municipal Building.
CELEBRATION.MISCELLANEOUS: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., appeared in recognition of Black History Month, and stated that her
ancestors fought, died, and survived slavery. She noted that a historian Carter
G. Woodson warned in 1926 that if a race had no history, it stood in danger of
termination, which was exactly what happened to historic Gainsboro. She reo
emphasized that the community believes that' construction of the proposed
Social Security Administration Building has no business on Henry Street.
MISCELLANEOUS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared
and reiterated her concern with regard to the destruction of the black
community.
CITY MANAGER COMMENTS:
CELEBRATIONS: The City Manager called attention to the commemoration
of the City of Roanoke's 12Sth Anniversary which was held on Saturday,
February 3, 2007, at The Hotel Roanoke & Conference Center. She reminded
everyone of the kick'off of the year long celebration festivities scheduled for
Saturday, March 31 commencing at 11 :00 a.m., with a procession from The
Hotel Roanoke to the Roanoke Civic Center Special Events Center, 710
Williamson Road, N. E.
645
At 3:40 p.m., the Mayor declared the Council meeting in recess to be
reconvened in Room 159, first floor, Noel C. Taylor Municipal Building, for a
briefing on the updated Master Plan and closed sessions.
I
At 3:55 p.m., the Council Meeting reconvened in Room 159, Noel C.
Taylor Municipal Building, with all Members of Council in attendance, Mayor
Harris presiding.
MASTER PLAN UPDATE
Leon Younger, Consultant, PROS Consulting; LLC, stated that the City
Market District Plan should be completed by early May 2007, and briefed the
Council on the key issues and preliminary recommendations via power point.
He stated that the information obtained from the household phone
survey of 500 homes, the unmet needs assessment, meetings held on
September 19 and 20, 2006, the four public forums which resulted in obtaining
quality information from about 400 citizens, and members of the City's
administration were invaluable and reflected that citizens value opportunities
that exist within the City. He advised that the household phone survey
resulted in a confidence rating of 95%; 65% frequently visit parks and 53% use
parks monthly (higher than the national average); ages 45 years and older, 65% I
use the parks and greenways at least monthly and they value the parks and
opportunities that exist in the City. He further advised that 40% of the
respondents no concerns, but 24% of the respondents voiced concerns about
security, and 20% voiced concern about maintenance of the parks, and 14%
voiced concern that the equipment was outdated in some of the park locations.
Mr. Younger called attention to the top ten choices considered by citizens
from most important to least important: greenways and biking trails (a national
trend), picnic areas and shelters, nature trails and nature centers, playground
equipment, an indoor multi.purpose recreation facility, river access for
recreational purposes, an amphitheater, large picnic shelters for 200+ people,
indoor swimming pools and leisure pools, and outdoor family aquatic centers.
He noted that as the use of facilities got narrower, the market got smaller, i.e.,
soccer fields were important, but only to those families who have children
playing soccer; the broader and wider the spectrum of opportunity, the higher
the rating would be, i.e. greenways and trails.
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646
He pointed out that there was a lot of press coverage about Reserve
Avenue when the survey was conducted which may have helped to recognize of
an amphitheater for the river and other efforts as outlined in the Master Plan.
Mr. Younger mentioned in terms of programming, that the existing
facilities were neighborhood based, and consequently were not designed for a
lot of the programs the City was trying to offer, but of those that use the
facilities, 24% stated they were excellent or above average; and adult fitness
and wellness programs were listed as being the most important, but a majority
of the programs had very strong support or interest, including special events,
senior programs, family programs and environmental programs. With regard to
development of features at Carvins Cove, he indicated citizens expressed a
strong desire for picnic and hygiene facilities, fishing, sailing, boating and other
outdoor adventure type programs, which revealed that the City has good
support for developing the site and could actually move forward on the
features.
In connection with improvement/expansion of park facilities, walking
and biking trails, Carvins Cove, passive use of greenways trails and picnicking,
development of indoor multi.purpose recreation facilities, develop recreational
amenities on top of Mill Mountain, athletic fields for youth sports - baseball,
soccer and baseball, outdoor family aquatic center, were emphasized.
He stated that there was a nice distribution within the demographics, that
the typical respondent has 2.6 persons per household, was 52 years of age,
44% had children less than 20 years of age, and of the gender respondents, 65%
were female, and 34% were male, which was not unusual because most females
in the household make family recreation decisions; and in terms of the scoring
system process, information was typically looked at in three categories: (l)
household survey that looks at unmet needs (highest rate), (2) importance, and
(3) consultant's recommendation, all three were used on a weighted format to
give a recognition for what would be considered as the most important things
to focus on. He added that those include the top eight: greenways and
walking/biking trails, amphitheater, picnic areas and shelters, indoor multi.
purpose center, playground equipment, nature trails and center, river access for
recreational opportunities, and large group picnic shelters; all involve amenities
and facilities that have a wide range segment of age appeal; and other items
were important, but when making choices about where to spend money, it
helps to sort out the priorities in the City.
647
Mr. Younger stated that in the program needs assessment category, the
same process was used; highest priorities of unmet needs were the adult
wellness and fitness programs, senior adult programs, and City.wide
community events, all three of which reflect the current trend in the country;
and all areas require some level of amenities to support the programs and
should help the City form what the core businesses should be.
He highlighted the following:
Key issues for land:
.
continue landscaping throughout the City;
finish the greenway and trail system throughout the City and
connect to regional trails at Carvins Cove and with Roanoke
County;
park infrastructure improvements and park maintenance have not
met levels of expectation;
evaluate downtown parks, plazas and green spaces to incorporate
elements into downtown area, especially since the City is
encouraging people to live downtown; and need to update Master
Plan for key parks in order that every park be as productive as
possible;
plant more trees to meet canopy goal of 40%;
complete Rivers Edge, Reserve Avenue and Roanoke River park as
one major signature park in the City;
update park restrooms; ,
need all weather turf fields to support the level of play in the City;
identify and divest unused and unneeded park land; and
improve Mill Mountain as a destination park site.
.'
.
.
.
.
.
.
.
.
Key issues for recreation and programs:
.
facilities are old, outdated and are not functional for recreational
programs;
need to develop indoor recreation centers and pools that are
attractions;
need signature recreation facilities in the City;
need a ,competition pool for the region (high schools and
competitive swimming);
need affordable facilities and programs;
need more youth athletic facilities;
need true public indoor space to host different programs;
would like self-supporting facilities (fees);
Amphitheater;
.
.
.
.
.
.
.
.
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648
.
recreation centers are not distributed well within City (community
based);
need more gymnasiums with higher use time;
need more programs for teens, families, seniors, and therapeutic
citizens;
need facilities to support community events;
need new, updated community events;
need to provide adequate space for the ten core recreation
programs; and
need wider diversity of programs;
.
.
.
.
.
.
In addition, citizens expressed the need for better marketing and
communication of the programs offered, an accurate calendar of events, strong
City leadership to make parks and recreation facilities and services a priority,
regional approach to parks and recreation management, stronger parks and
recreation advocacy, more partnering with other service providers and the
library, limitation of duplication of resources within the region, and provision of
alternative recreation for middle school students.
Recommendations:
Land:
. The City has put a lot of energy into acquisition and development
of greenways throughout the City. The Department needs to
continue to lead and enhance City-wide greenway connectivity with
linkages through the neighborhoods and to the regional system.
. Develop Reserve Avenue/Rivers Edge Park as outline in the
approved Master Plan when completed.
. Add all.weather sports turf to Rivers Edge Park to increase
opportunities for play and enhance the quality of the fields.
. The plan will demonstrate that the City is woefully short on sports
fields for practice and games. The City should seek land for
soccer, baseball, softball and multi.purpose fields. To accomplish
this, the plan will study existing park lands, recommend divestment
of under-utilized park areas, and recommend new areas.
. The City should evaluate school sites to develop joint field space
with schools and should also consider a partnership with Roanoke
County to develop large multi.purpose sports complexes.
. The City must develop Carvins Cove as a signature regional park
focusing on outdoor adventure recreation opportunities.
. The City needs to update the existing parks with Master Plans to
improve their value and usage. The update includes adding
CEPTED standards for safety and implementing maintenance and
design standards across the City in a consistent manner.
649
.
The City needs to evaluate public space opportunities for the
development of existing parks, green spaces, and plazas for
residents who live downtown.
The City needs to continue to enhance landscape standards in the
downtown, City gateways and key boulevards. Also, they must
, continue to make reforestation of the City a priority.
.
Recreation Facilities:
.
Divest small neighborhood centers from the system and add two
community recreation facilities of 50,000+ square feet area that
will support the core recreation programs the City provides. This
will increase the efficiency of operations and maximize their use. A
feasibility study is being developed along with an evaluation of
what other service providers are developing. Maximize the
resources available in the valley.
Develop indoor competitive pool facilities to support youth and
high school swim teams and "learn to swim" program through the
region. These should be made a part of the Community Centers.
Phase out school fitness sites and add this component to the future
Community Recreation Centers when they come online.
Add two off-leash dog areas in the City.
Eliminate non-productive tennis courts and create one 16.court
facility in the City. The City has 60 courts which is three times the
need of residents based on national standards.
Add an additional skate park in the City and renovate the existing
skate park.
Senior Recreation Center facilities need to be developed to support
program needs.
Explore the use of the Civic Center complex for more recreation
programs and services.
.
.
.
.
.
.
.
Recreation Programs:
.
Create a unique brand identity for parks and recreation (i.e. "Live
out Loud" marketing effort in Everett, Washington or "Great
Programs for Great Kids" in Tucson, Arizona) which will become the
distinct identity for all program offerings of the City's program
services.
Continue to focus on program benefits and not features in the
program description in the program guide.
Pricing strategies need to incorporate competitor pricing, group
discounts and resident incentives, as well as cost recovery goals
that are based on true cost of service.
.
.
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650
.
Customer feedback information needs to be undertaken before the
program begins to gauge public interest, especially for new
programs to be introduced. Post programs feedback needs to be
an expectation for all programs, as well as outcomes based on
agreed to performance measures.
Define specific targets for Program Performance Measures. PROS
suggests the following: programs offered versus programs held;
cost recovery goals met for individual programs; retention of users;
customer satisfaction levels met; program standards met; capacity
levels met for classes and facilities; partnership equity levels and
performance outcomes met.
Eliminate or reposition saturated and declining programs in the
lifecycle by renaming them, changing their themes and formats,
offering different times and catering to a narrower audience, or
creating additional levels of skills and activities in the program to
keep people interested.
Continue to maintain volunteerism as a core program.
Continue to partner with the regional partners on programs for
persons with disabilities.
Create programming focused on "tweens", teens, young adults, and
family recreation with an aim to capture them as lifetime users of
the system.
Create age segment matrix to identify gaps in program offerings
and adequately serve the changing demographics.
Develop adult and youth wellness and fitness, senior adult
programs, City-wide community events, aquatic programs, family'
programs, outdoor adventure and environmental education
programs, adult sports and performing arts programs as core
programs for the City.
Continue to be a youth and adult sports field provider.
New community events are needed in the City along with the
addition of a better special event venue added. Coordination of
community events should be in partnership with the Events Zone
and those provided by Roanoke County.
.
.
.
.
.
.
.
.
.
Governance and Policy:
.
A regional approach to park and recreation management is needed.
Establish effective policies for public/public partnerships, public-
not-for-profit partnerships, and public/private partnerships in the
City.
Provide adequate space to support the recreation needs for
residents and design parks and facilities to produce revenue.
Establish a fully dedicated marketing staff in the Department to
adequately market the services provided.
.
.
.
651
Next Steps:
I
. Facility Capacity Demand Model
. Benchmark Analysis (3 in the state; 3 out of state)
. Equity Mapping
. Capital Recommendations/Cost
. Reserve Avenue Plan Completion
. Regionalism Discussion with Roanoke County, March
. City Council Update, March 5, 207 (Proposed)
. Public Master Plan Presentation, March 13, 2007
. Presentation to PRAB and Planning Commission, May, 2007
. Final Presentation to City Council, May 7, 2007
(For full text, see document on file in City Clerk's office.)
Questions/Com ments:
Council Member Dowe asked how often the trends change; whereupon,
Mr. Younger advised that most trends are on a 13-15 year cycle, and the hottest
trend presently is outdoor adventures, that plans should be as flexible as
possible so that changes can be made throughout a 50-year span. Council I
Member Dowe also inquired about the travel time to utilize facilities;
whereupon, Mr. Younger related that people will travel for an attraction, but
won't travel for something they consider somebody else's, which makes it
important to not restrict events and centers by virtue of their names.
Council Member Lea commented on the recommendation of a regional
approach, and thought such an approach would make the area a lot stronger,
and asked if the City was doing anything presently with area localities;
whereupon, Steven Buschor, Director of Parks and Recreation, advised the City
was doing everything it could to participate regionally; i.e. large regional sites
for basketball, softball and soccer tournaments through the sports marketing
division of CBB, which includes cities of Salem, and Roanoke, counties of
Roanoke, Botetourt and Franklin; as well as meeting the needs of a lot of
therapeutic recreational activities for citizens who are physically challenged. He
advised that some of the programs would move from the County's Brambleton
Center into the City's jurisdiction and facilities, whether they were held in
schools, churches or other sites, if there were opportunities to share resources
rather than duplicating stand alone programs.
I
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652
Council Member Wishneff referred to a meeting scheduled with Roanoke
County in March 2007, and asked about the parties involved; whereupon, Mr.
Younger stated that City Manager and Director of Parks and Recreation and the
County Administrator were going to have a work session and he would be the
facilitator.
Vice.Mayor Trinkle asked if the Gator Aquatic Center representatives
would be involved in the discussions; whereupon, Mr. Younger responded with
the affirmative. The Vice-Mayor also inquired discussions would center around
specific items such as an off.leash dog park; whereupon, Mr. Younger
responded that specifics would be determined once the equity maps were
completed which would help address those types of issues.
At 4:35 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened for closed sessions.
At this point, Council Member Fitzpatrick left the meeting.
At 5:35 p.m., the Council meeting reconvened in Room J 59, with all
Members of the Council in attendance, except for Council Member Fitzpatrick,
Mayor Harris presiding.
COUNCIL: With respect to the Closed Session just concluded, Council
Member Mason moved that each Member of City Council certify to the best of
his or her knowledge that: (l) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Information
Act; and (2) only such public business matters 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 Trinkle and adopted
by the follOWing vote:
AYES: Council Members Lea, Mason, Trinkle, Wishneff, Dowe and Mayor
H arri sn.n.n.nnnnnn.n.n.nn....nnnnn....n.n.n.nnn.__n.._.nnnnnnnnnnnnnu_nn.6.
NAYS: Non ennnn...nnnnn....nnn_...nn__n.nonnnnn..nnnnnn.nnnnnnn...O.
(Council Member Fitzpatrick was absent.) (Due to conflicts of interest, Mayor
Harris and Vice.Mayor Trinkle recused themselves from the closed session
regarding discussion of possible incentives for expansion of an existing
business in the City.)
(The Closed Session with regard to the mid'year performance of three Council
appointed officers was tabled until Tuesday, February 20, 2007.)
653
FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that there is I
a vacancy on the Roanoke Valley.Allegheny Regional Commission created by the
expiration of term of office of C. Nelson Harris ending June 30, 2006, which
vacancy was filled by Council Member Brian J. Wishneff on July 17, 2006, who
was appointed but never qualified for the office; whereupon, Mayor Harris
opened the floor for nominations to fill the vacancy.
The name of Beverly T. Fitzpatrick, Jr., was placed in nomination.
There being no further nominations, Council Member Fitzpatrick was
appointed as a City representative of the Roanoke Valley.Allegheny Regional for
a term ending June 30, 2010, by the following vote:
FOR COUNCIL MEMBER FITZPATRICK: Council Members Lea, Mason,
Trinkle, Wishneff, Dowe and Mayor Harris_muu.uummmnumm.om_.uummuuu6.
(Council Member Fitzpatrick was absent.)
SCHOOLS: The City Clerk was instructed to advertise a notice announcing
two vacancies on the Roanoke City School Board commencing July 1, 2007, and
ending June 30, 2010. Deadline for receipt of applications will be Friday, I
March 9, 2007.
CIVIC CENTER: The City Clerk was instructed to contact the Roanoke Civic
Center Commission to advise that the commission would be abolished, effective
July 1, 2007, and the matter was also referred to the City Attorney for
preparation of the appropriate measure.
Since a tour of the new Patrick Henry High School had been scheduled for
March 19, 2007, the joint meeting of Council and the Roanoke City School
Board originally scheduled for March 5, 2007 at 9:00 a.m., was cancelled.
At 5:40 p.m., the Mayor declared the Council meeting in recess to be
reconvened on Friday, February 16, 2007, at 8:30 a.m., Room 159, Noel C.
Taylor Municipal Building, for the Council's Annual Financial Planning Work
Session.
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I
Monday, February 5, 2007, meeting of the Roanoke City Council
reconvened on Friday, February 16, 2007, at 8:30 a.m., in Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, for the Council's Annual Financial Planning Session,
with Mayor C. Nelson Harris presiding.
PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason,
David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr. and Mayor C. Nelson Harrismnmumnm___nmm.mm.___mn7.
ABS E NT: Non e 00_ 0000 00 nOon _. noon -- 0000__... noon 00 .un... noon.. noon. .00.00.. .000 .
OFFICERS/CITY STAFF PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance;
Stephanie M. Moon, City Clerk; Ann H. Shawver, Deputy Director of
Finance; Sherman L. Stovall, Director, Office of Management and Budget.
I
OTHERS PRESENT: Jason Bingham and Todd Putney, Trustees,
Roanoke City School Board.
BUDGET: The Mayor advised that prior to engaging in the City's
fiscal year budget study, the Council holds a Financial Planning Session
each year which allows City staff to review basic information and financial
projections; whereupon, he called on the City Manager and the Director
of Finance for opening remarks.
The City Manager expressed appreciation to the Members of
Council for taking time out of their busy schedules to conduct the annual
Financial Planning Session. She stated that City staff devotes considerable
time and effort to prepare,the presentation; however, while staff sets the
stage and provides the parameters within which the City operates in
terms of revenues and certain fixed expenses, the meeting is an
important time for staff to hear comments by Council, as the City's
elected officials, as to priorities that should be emphasized in the
upcoming budget. She further stated that it was helpful to the staff, early
in the process, to begin reviewing the budget requests of not only City
departments, but outside agencies in order to understand Council's
priorities and direction; and recommendations for the City's fiscal year
2007.2008 budget will be presented to the Council on April 16, 2007, for
adoption at a special meeting of Council on May 14.
I
The Director of Finance advised that most of the decisions made by
Council Members have a certain element of financial impact; therefore, he
stressed the importance of understanding the City's financial picture and
future planning processes.
655
Agenda
I
. FY 2007-08 Budeet Development
. Revenue - Outlook and Trends
. Revenue - Specific Focus
- Real Estate
- Personal Property
- Sales
- Motor Vehicle Decal
. Expenditures - Priority Expenditure List
. Expenditures - Specific Focus
- School Funding
- Other Post Employment Benefits
Agenda
. FY 2007-08 Bud!!et Balancin!! Status
. Current Gap
. Review Capital Proiects
. Currently Funded Capital Improvement Program
Projects
. Existing Projects Requiring Additional Funding
. Potential New Projects
. Review Debt for Capital Proiects
. Planned Bond Issuance
. Current and Future Debt Service
. Review Debt Capacity
I
Sherman M. Stovall, Director, Office of Management and Budget,
reviewed the above referenced agenda, stating that the outline focuses
on the core of revenue, expenditures, capital projects, and debt and
support of capital projects, as well as special topics within each core area.
I
656
I
Revenues
Commonv;ealh
26'k
Personal Property
7.
6~f
o Real Estate
o Utility
. Commonwealth
. Personal Property
IilBPOL
o Charges for Services
. Sales
. FoodIBeverage
. Other
I
Ann H. Shawver, Deputy Director of Finance, advised that the
budget process begins with the City's revenue estimates; and discussion
will include overall revenues, growth revenues for fiscal year 2007, and
real estate and the real estate process. She added that the City's General
Fund revenue is consistent in terms of percentages from year to year; the
City's real estate tax makes up approximately one quarter of the total
General Fund revenues, as does the revenues from the Commonwealth of
Virginia, which are about 25 per cent; and key local taxes for the City of
Roanoke are depicted on the above referenced chart.
Projected Revenue Growth - FY 2008 Revenue Estimates
Category $ Growth % Growth
Real Estate Tax $4,337,000 6.3%
Personal Property Tax \,333,000 8.0%
Sales Tal\. 1,431,000 7.0%
Business License Tax 1,554,000 13.0%
Prepared Food Tax 777,000 7.2%
Transient Lodging Tax 235,000 9.3%
Other Local Taxes (522,000) (1.8%)
Pennits, Fees, and Licenses 141,000 11.4%
Intergovemmental 95,000 0.1%
Charges 'for Servjces (268,000) (2.4%)
Olher Revenues 159.000 6.1%
Total $9,272,000 3.9%
Growth in FY 2008 Recommended Revenue estimate as compared to
FY 2007 Adopted Estimate. (;
I
She further advised
Recommended Estimate as
that the
compared
growth in Fiscal Year 2008
to Fiscal Year 2007 Adopted
657
Estimate; the Planning Work Session represents the City's Preliminary
Revenue Estimates, which will be modified and updated throughout the I,
budgetary process, particularly, the revenue estimates that will be
completed by the various City departments, which generate fees, as well
as the revenues from the Commonwealth of Virginia.
Ms. Shawver stated that the total new revenue is expected to be
approximately $9.3 million, which will be the increase foreseen when the
fiscal year 2006.2007 adopted budget is compared to the preliminary
estimates for 2008, making a total preliminary estimate for fiscal year
2007.2008 of $249 million, representing growth overall of about four
percent; and the Roanoke City Schools portion of the $9.3 million, based
on the traditional funding formula, will be approximately $3 million, with
the remaining balance belonging to the City.
She further stated that a decline is expected in the revenues from
the categories of local admissions tax, requisition tax, service corporation
tax and the cigarette tax; and the cigarette tax which was doubled in
order for the City to be consistent with the Virginia First Cities tax rate, in
the amount of $.54 per pack, had not performed as anticipated.
Council Member Mason inquired about the telecommunications tax;
whereupon, Ms. Shawver advised that the telecommunications tax was
modified and placed in the Other Local Taxes Category and the first
receipt of the five percent tax is expected in March 2007 since the tax
was effective January 1, 2007, and will be commented on in the monthly
financial reports to the Council.
I
Ms. Shawver noted that fees for services will decrease in fiscal year
2008 because of a decline in EMS revenue caused by a reduction in calls
and the anticipated growth for the permitted, Medicare/Medicaid rates
have not kept pace as anticipated; adjustments in the estimate have been
made to better portray the actual result experienced in the most recent
fiscal year; and the category of other revenues, a small group, has a
reasonable percentage increase and comprises items such as
miscellaneous and some rental incumbents the City has for properties.
1
658
1
Real Estate Tax
The City's largest source of revenue
$75.0
$70.0
-; $65.0
.2 $611.0
~ $55.0
~ $50.0
!
~ $45.0
t $40.0
~
$35.0
$30.0
$25.0
F\lll FY02 1'\:03 FW4 PollS FYII(, FY01 FYOIl
Fiscal Year
^veragegrowth: 2yr-8.5%,Syr-6.7%, lOyr-5.4%
Sources:
FYOl - FY06 - Comprehensive Annual FinnnciaJ Report
FY07 - FY08 - AdoptedlRecommended Estimate
1
Ms. Shawver advised that the real estate tax is expected to bring
about $4.3 million of new revenue, and the two.year average growth 'of
nearly 8.5 percent is a strong growth and reflective of the climate of real
estate; the five and ten year average growths are lower on account of a
broadened time period that includes a period where growth was not as
rapid as it has been recently.
Trends in Real Estate Assessments
9.5
8,5
7,5
6,5
Percentage 5.5
Growth 4.5
3,5
2,5
1.5
0,5
FY94 FY96 FY98 FYOO FY02 FY04 FY06 I'YOS
10 Reassessment. New Construction I
Ave growth: 2 yr- 7.8<Jc, 5 yr- 7.gck. \0 yr-6J'7r
Source: Real Estate Valuation
1
659
Real Estate Tax
1
. Tax rate decreased from $1.2\ to $1.19
effective July 1,2007
. Value of I cent real estate in FY08 is
$618,000
- City's share:
- Schools' share:
$393,000
$225,000
Personal Property Tax
The City's second largest tax
28.00
26.00
~24_00
~ noo
:i20_00
~
';;18.00
{!16,OO
.
0..14.00
I I I
n,calYdT
1
12.00
10.00
rYOI
FY!12 FYO.1 I-YO.J FYlI" FYOli FYIJ7 FYO~
I . Pen;ol\:.ll P,opertyTax_ L","ul [I PPTRA- Slate I
Average growth: 2yr- 5.7%, 5yr- 1.4%, 10 yr- 2.9%
Sources'
FYOl - FY06 - Comprehensive Annual Financial Report
FY07 - FY08 - Adopted/Recommended Estimate
10
Ms. Shawver called attention to the two individual components to
the personal property tax n the local portion that is taxed to the citizens
or the tax relief or PPTRA portion that is contributed by the
Commonwealth. She pointed out that recent legislation has affected local
revenues, particularly machinery and tools, which is about $2.7 million or
a tenth of the personal property tax, and the legislation focuses on
altering the definition of what is considered idle machinery which is not
subject to tax, and the City does not have a method of measuring the
revenue than to know it would have a detrimental impact on City revenue.
She mentioned that inasmuch as the State's contribution towards
tax relief is a flat block amount, the City must annually determine, for
billing purposes to the citizens, what its share is versus what the State is
going to cover. She noted that at the peak of the State Tax Relief
Program, the State covered 70 percent of the tax bill for qualifying
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1
vehicles; the 2006 tax year was the first year the City had to examine the
amount of tax relief offered to the citizens which was about 66 percent;
and the calculation for tax year 2007 will be transmitted to the Council
for adoption in order that the local relief percentage may be printed on
the City's bills for this tax year.
Local Tax Rates of First Cities
FY2006
Roanoke 1.21/1.09 3.45/2,69 5.0%
Richmond 1.29/1.35 3,70/3,18 6.0% 8.0%
Hampton 1.20/1,12 4.25/3.32 6.5% 8,0%
Lynchburg 1.11/0,99 ],80/ ],27 6.5% 5.5%
Newport News 1.20/1.02 4.25/3.32 6.5% 7.5%
Norfolk 1.27/1.04 4,00/3,12 6.5% 8.0%
Portsmouth 1.44/1.08 5,00/ ],90 6.5% 8.0%
Roanoke Co. 1.11/0,99 3.50/2.73 4.0% 5,0%
Salem 1.18/0.92 ],20/2,50 4.0% 4.0%
I
Note: Split rates for Real Estate and Persona] Property Taxes denote differences in nominal
and effective tax rates based on assessment/sales ratio and assessment basis. respectively.
Current Real Estate Tax is 1.19%
II
Sales Tax
The City's third largest tax
21.50
~ 20.50
.8
!i1 19.50
'"
- 18.50
~
] 17.50
~
16.50
15.50
PiOl FY02
I'Y03
FY04
WIl5
FYO(i
F'Y07
r-Yllll
Fiscal Year
I_SabTaxl
Averagegrowlh: 2yr-3.6'k.5yr-l2'ii-.lOyr-3.2'l
~
FYO[ - FY06 - Comprehensive Annual Financial Report
FY07 - FYUl\ - AdnptedlRecorrunended Estimate
12
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Ms. Shawver pointed out that the sales tax is the third largest tax
for the City which brings in revenues of $22 million per year, and $1.4
million of new revenue is anticipated for next year; it serves as an
excellent barometer for the health of local economy and consumer
spending which is very important to measure the City's performance for
the future; and growth has been averaging around three to 3.5 percent,
however, the City's most recent year was five percent.
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MOTOR VEHICLE DECALS:
Evelyn Powers, City Treasurer, advised that Roanoke County
recently decided to eliminate its motor vehicle decals, making 26
localities, statewide, having eliminated their vehicular decals; and 11
other localities are considering the elimination including Montgomery
County, Botetourt County and the City of Salem, highlighting the
following information:
Motor Vehicle Decals
. Background
. Revenue Source - $1.7 million
. Serve as a collection tool - Personal Property Tax
. Other methods to ensure revenue collection
. Freeze State license plate renewals, vehicle registration,
and drivers license
. Place a lien against wages and bank accounts
. Intercept State tax refunds
1
. Issuing decal is a cumbersome process
. Growing trend to eliminate
. Several jurisdictions have eliminated or are in the process
of eliminating 13
(Remaining Page Intentionally Blank)
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1
Motor Vehicle Decals - Options
Vehicle Liccnsinl! Fee
Actual fee will necd to he determined
. Least amount of l'Imngl'
. IVlost localities USl~ this method
Eliminate Fee- Roll into Tax Rate
. Requires ~l change in the personal property tax rate
. Confusing to citizens
Eliminate Fee Comnletelv
. Loss of Revenue - $1.7 million
Chanl!c Assessment Method
. Use diffen'nl valualion method for ren'nue neutrality
Most Viable Ontion
Change the decal fee to a vchide Ikcnsing fee
. Several procedural details will need to be worked out
1
The Director of Finance added that currently the machinery and
tools rate was the same as the personal property tax, and if the City
eliminated the decals, the rate for automobiles as opposed to machinery
and tools would need to be different; and consideration would need to be
given to changing the assessment value since the loan value of a vehicle
is used by the Commissioner of the Revenue. Ms. Powers suggested that
a standard fee be implemented, such as a $20.00 to $25.00 fee
regardless of the kind of vehicle.
Sherman A. Holland, Commissioner of the Revenue, advised that
the implementation of a standard fee would create additional problems
for his staff inasmuch as the loan value of a vehicle has been used for
almost 26 years, adding that once an increase has been implemented, it
causes a ripple effect as well as hardship for some taxpayers; and he
emphasized that a standard fee was not a viable option.
Vice-Mayor Trinkle inquired if the fine system generated $1.7
million in revenue and if the City stayed revenue neutral under a new
system that was less cumbersome, would the City actually gain anything;
whereupon, the Director of Finance advised that there would be
assumable savings; and the Commissioner of the Revenue's staff would
spend less time on the development of files and decals.
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Vice-Mayor Trinkle also asked if any analysis had been done on the 1
assessment versus solely the vehicle fee; whereupon, Ms. Shawver
advised that each option had been examined and by shifting to a
licensing fee and changing the assessment method, revenue neutrality
will be achieved; and the trade.in method versus loan value would bring
in an additional $1.6 million for vehicles owned by businesses and
individuals.
Council Member Wishneff inquired about the type of method being
used by jurisdictions to police the non-payment of fees for personal
property taxes; whereupon, the City Treasurer advised that a vehicle stop
payment is forwarded to the Division of Motor Vehicles; and a service
charge will also be included on the personal property tax bill as an
additional line item.
Following discussion, Mayor Harris suggested that the motor
vehicle decal issue be studied by City staff and elected officials with a
recommendation to the Council for consideration.
EXPENDITURES:
Mr. Stovall stated that the following expenditures by general 1
category relate to governmental activity categories, with the support of
schools being the largest category, followed by public safety, public
works, and social and human service related expenses.
Expenditures By General Category
Operating - 23.7%--"
Employee Compensation
and Benefits - 38.9%
/
Debt Service - 8.0%
__ Transfer
Other Funds - 1.5%
" Schools - 24.1 %
Debt Service includes School Debt paid by City.
17
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1
Guiding Principles
. Council Strateeic Plan
. Healthy Local Economy
. Strong Neighborhoods
. Vibrant Neighborhoods
. Quality Services
. Comorehensive Plan
. Housing and Neighborhoods
. Environmeutal and Cultural Resources
. Economic Development
. Transportation and Infrastructure
. Public Safety and Services
. People and Human Development
. City Design
'"
Budget Focus and Challenges
. Continued support of Roanoke City Public Schools
Operating Funding (36.42 % of adjusted local taxes)
. Support of capital projects (50% of City total debt service)
Building debt service capacity for capital projects
. Maintaining current level of services and when practical, expanding
services with emphasis on Council Strategic Plan and Comprehensive
Plan:
Healthy Local Economy
Strong Neighborhoods
Vibrant Greater Downtown
Quality Services
. Employee compensation and benefits
. Retention and Recruitment
Continue to incrementally build capital funding for equipment
replacement, capital building maintenance, street paving and technology
to fully fund annual capital needs.
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Mr. Stovall noted that the above referenced slides were developed
based upon Council's Strategic Plan, along with various focus areas and
the Comprehensive Plan that was adopted by the Council.
1
Evolution of Funding Formula
. Prior to FY 1982.83, all revenue growth was shared by
City and Schools based on the personnel base percentage
for each entity
. In FY 1982-83, revision made:
Local tax revenue growth shared by City and Schools based on
the personnel base percentage method
Any other new revenue generated solely by each entity retained
by that entity -
. Current formula developed in mid to late 1980's
Local tax revenue base shared on a fixed percentage basis
Percentage of 36.42 % established based on revenue allocated to
Schools at that time
Any other new revenue generated solely by each entity retained
by that entity
21
Local School Funding
1
Fiscal Base % Year Debt
Year Funding Change End Service
200S.09 ----- ----- ----- $7.3M
2007-0S $61.1M 5.7% ----- $4,2M
2006.07 $57,SM 6.3% ----- $4.2M
2005-06 $54AM 4.S% $1.9M $3.SM
2004.05 $51.9M 6.1% $IAM $2.5M
2003.04 $4S.9M 4.7% $.SM $2.3M
2002.03 $46.7M 1.6% $1.7M $2.SM
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Mr. Stovall commented that there has been a pretty stable level of
incremental growth, adding that when the City issues bonds to pay for
capital projects, a debt service on said bonds must be provided, which is
funded from the operating budget; and the significant jump from fiscal
year 2008 to fiscal year 2009 is due to the two local high school projects
and the debt service issued to support the two projects.
Local School Funding
(Per Pupil)
Locality Funding
Roanoke $4,372
Lynchburg $3,398
Hampton $2,493
Newport News $3,163
Norfolk $2,725
Portsmouth $2,509
Richmond $5,940
1
Source: FY 2005 Commonwealth of Virginia Department of
Education Superintendent'i' Annual Report
23
Mr. Stovall advised that the reference point for benchmarking local
funding is the percentage of the total budget, however, the above.
referenced table depicts a different approach whereby local funds are
used, and information was obtained from the Department of Education
Superintendent's Annual Report; local funding is provided to each school
division and divided by the number of pupils in each school division; the
City's funding per pupil, based on fiscal year 2005 information, is
approximately $4,300.00 which compares favorably to other Virginia First
Cities jurisdictions that the City typically uses as a benchmark.
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Priority Expenditures
. Continue to build debt service capacity - $1,167,500
. Incrementally add $S70,000
. Replace Water/Sewer Fund revenue (last year) . $300,000
. Balance of funding for City share of debt service for
William Fleming High School project - Approximately
$297,500
- City share increases from $20 million to $28.5 million
- Reallocation of $5 million targeted for bridge
renovation, curb, gutter, and sidewalks
I
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Mr. Stovall stated that as the City continues to build for debt
service capacity, it is estimated that an additional $1.2 million needs to
be set aside; for the past several years, the City has been adding
$570,000.00, on an incremental basis, to help fund debt service on the
issuance of bonds for capital improvement projects, which will continue
through fiscal year 2010.
Mayor Harris emphasized that the comments made by the Director
of Management and Budget were critical, inasmuch as the City had been
disciplined in setting aside over a half million dollars in growing capacity
debt service.
1
Priority Expenditures
. Employee Compensation and Benefits - $3,867,163
. Increase in contribution rate (15.11 % to 15.73%) for the
Employee Retirement System - $382,681
. No increase in the cost of medical insurance - funding
budgeted in anticipation of an increase in December 2006
will continue to be reserved for a potential increase in
December 2007
. Increase in the cost of employee dental insurance .
$18,133
. Competitive employee compensation (Initial target of 4%
of salary) . $3,466,349
- Salary survey indicates salaries are approximately 6% below
First Cities jurisdictions
25
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Mr. Stovall pointed out that in the area of employee compensation,
as indicated in the Human Resources Annual Salary Survey, the City is
approximately six percent behind its peer jurisdictions as bench marked
by Virginia First Cities, adding that in 2006, the City of Roanoke was nine
percent behind, and the four percent pay raise during fiscal year 2006.
2007 allowed the City to pick up some ground.
Vice.Mayor Trinkle inquired if some services could be shared with the
Roanoke City Public Schools; whereupon, the City Manager mentioned
that the City is studying a combined health insurance program with the
schools.
Council Member Mason inquired about the percentage of
employees that exceeded performance expectations during fiscal year
2006.07; whereupon, the City Manager advised that nearly 41 percent of
City employees exceeded expectations and received the full four percent
pay increase.
Priority Expenditures
. Capital Funding - $1,274,053
1
Current Additional
Target Funding Funding
Equipment $3,000,000 $2,316,597 $227,801
Replacement
Building $1,000,000 $620,000 $126,667
Maintenance
Technology $1,500,000 - $841.246 $219,585
$2,000,000
Street Paving $3,346, III $2,646, II I $700,000
26
The City Manager stated the above noted projects were funded
almost exclusively with end of year funds; however, it was determined
that this was not an appropriate use of year end funds, nor did it help the
City's mission to grow the operating budget to levels that would allow
replacement of vehicles and building maintenance on a regular cycle, as
well as have the proper investment in technology. She pointed out that
the expenditures were areas of priority, and, unfortunately, there is a
need to delay projects in order to balance the budget.
1
Council Member Wishneff inquired about the possibility of having a
provision in the contract with Downtown Roanoke, Inc. (DR!), for them to
669
bear the expense of cleaning the downtown area. The City Manager
advised that DRI purchased a machine to clean the sidewalks, but 1
thereafter, turned the responsibility over to the City because they did not
want said responsibility. She also pointed out that the Downtown District
had been extended, citing that if the Council decides to proceed with the
stamping of the pavement in the Market area, the area would have to be
defined and current resources would have to be identified for the effort
as well'as future resources.
OTHER POST EMPLOYMENT BENEFITS
Jesse A. Hall, Director of Finance, reviewed several points that were
reviewed at the February 5, 2007 Council work session; and thereafter
wanted to discuss an option that could be pursued and later refined in
order to provide a recommendation to the Council.
OPEB
. Accounting and reporting for post employment
benefits other than pensions
. Roanoke's liability results from medical
insurance rates for retirees which are blended
with those of active employees.
. Liability approximately $20.5 million
. Incremental cost to fully fund $1.24 million
. City Council briefing February 5th outlined
nature of liability and options for managing
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(Remaining page is intentionally blank)
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I
OPEB
. Based on cost of present benefit level and
options available, staff recommendation is to
discontinue blending of rates at some point in
the future
. Consideration would be made for holding
current retirees harmless
. Potentially cuts the liability in half
. Staff will continue evaluation of OPEB in
determining recommended implementation
plan
2K
He highlighted the basics:
1
All the retirees with senior years of service that choose to
participate in the City's health insurance program. The City
does not rate them separately to its insurance company. The
City placing them in the pot and develops a rate with their
experience claims along with its active employees base.
There are significant costs involved to provide these kinds of
benefits, and even though the City does not have a written
plan, however, it is implied that the City is going to continue
to do the benefits.
If the City continues to provide the benefits, then it has to
have an assessment of an actual rate cost to provide the
benefits. Looking at the actual active employee base, making
the assumption a certain percentage of active employees may
retire who are participants; the City would start recognizing
what it calls liability. $20.5 million is computed to be the
overall liability number.
I
One of the options presented was, if the City does nothing,
this is the value of the cost. Another option presented was
essentially picking a date in the perceivable future as a cut.
off for retirees being able to get the blended rate. It would be
un blended at that point, and if the retirees essentially stay in
that plan, they would have to pay whatever said unblended
rate would be, which is significantly higher than the blended
rate.
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The City used the year 2011 as an example when the option
was presented. If it started in July 1,2011, all future retirees
will not get the blended rate, but would have to pay the
un blended rate. This would reduce the liability of about $20
million to nearly half, and City staff thinks that would be the
most viable option to pursue from a practical standpoint.
However, before staff reaches the date of not allowing
retirees access to the blended rate, opportunities for
evaluating and setting up some options allowed by the IRS to
tax defer some savings on healthcare upon retirement will be
necessary.
1
The City currently provides retirement planning seminars for
City employees nearing retirement to ensure awareness of
the eventual additional cost of healthcare insurance.
Recognizing that even though the City will allow access, it
has 1,700 retirees, and 240 are currently participating.
Council Member Wishneff inquired as to how many retirees would
be added per year if the City did nothing; whereupon, the Deputy Director
of Finance advised that the current 1,700 figure would increase, which is
not a constant number, whereby the City already has almost 100 retirees
per year, but not all are participants.
1
Council Member Wishneff inquired as to the effective date to
implement the recommendation; whereupon, the Director of Finance
advised that the year being recommended is 2009.
Vice.Mayor Trinkle asked if said date was adequate; whereupon, the
City Manager advised that whatever the date, employees will be making
decisions based on the blended versus the unblended rate; and the key
issue is whether or not the City is agreeable to moving forward to an
un blended rate. She added that long term employees are currently
provided a supplement for health insurance, but they do not have to use
it for that.
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Priority Expenditures
. Maintenance of Services - $4.1 million
. Utilities ~ Electric
. GRTC Valley Metro
. Health Department
. SPCA Operating Expenses
. Jail Medical Services
. Juvenile Residential Detention
. Social Service Programs
. Solid Waste Tipping Fees
. Police, Fire-EMS, E.911 Overtime
. Employee Tuition Assistance
. Vehicle Repair
. Homeless Assistance Team
. Staff Additions
"
Sherman Stovall noted the above as a summary of selected items
most likely to be funded at some level, as well as others to be studied
from the standpoint of alternatives.
1
With regard to the GRTC Valley Metro funding, the City Manager
pointed out that two transportation proposals were being discussed at
the General Assembly level, of which one does not offer assurance of
funding for public transportation, and due to the uncertainty, the Valley
Metro funding is anticipated to increase next year unless rates increase
for customers or routes are reduced. She added that discussions are
being held regarding the possibility of expanding the use of public
transportation for youth.
Priority Expenditures
. Expanded or Enhanced Services - $3.5 million
. Library Master Plan
. Code Enforcement
. Domestic Violence Program
. Crime Prevention
. Housing Initiatives
. Roanoke River Keepers
. Bridge Maintenance
. Storm Drain Maintenance
. Athletic Field Maintenance
. Curb and Sidewalk Maintenance
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Mr. Stovall called attention to the expanded or enhanced services
requests received from departments which totals $3.5 million. He advised
that the Library Master Plan has been endorsed by Council; a portion of
the capital component of the Library Master Plan has been funded; and in
order to address the operating portions of the plan, City staff has been
added, along with additional funding to purchase books and make
improvements in the area of technology.
I
Priority Expenditures
Support of Roanoke City Schools $3.3M
Employee Compensation and Benefits $3.9M
Other Post Employment Benefits $.4M
Debt Capacity for Capital Projects $1.2M
Capital Funding $I,3M
Maintenance of Existing Services $7.6M
EnhancedJExpanded Services
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Status of Budget Balancing .
Preliminary Projection Revenue $9.3M
Growth
Priority Expenditures $ I7. 7M
Balance ($8.4M)
32
The Director of Management and Budget stated that the strategies
used to balance the budget have been expenditure reductions and
elimination of funded and unfunded City employee positions.
CITY COUNCIL PRIORITIES:
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Vice-Mayor Trinkle inquired about the amount of overtime
expenditures; whereupon, Mr. Stovall advised that the amount is in
excess of $1 00,000.00, and the budget strategy is to cover it through the
City's personnel lapse or turnover savings.
Council Member Wishneff inquired if housing initiatives could be a
capital expense as well as an operating expense; whereupon, the City
Manager responded that it will depend on the initiatives and the order of
magnitude, noting that some of the housing initiatives are listed in the
operating budget; and in terms of providing assistance, the City has a
small program that offers assistance with closing costs, which was first
implemented with low income housing, and is now at market rate
housing in order to encourage first time home ownership and to expand
some other programs.
1
Council Member Wishneff also asked if there were any economic
development projects in the amount of approximately $5 million;
whereupon, the City Manager replied in the affirmative 00 the Countryside
Estates, adding that the Colonial Green project is in progress; the City has
a parcel of land that it may wish to bring forward at a future date; and
City staff is spending a lot of time with developers who are interested in
projects within the City, particularly in downtown Roanoke, that are
commercial as well as residential. She emphasized that the City needs to
facilitate the diversity of housing stock around the community as well as
seek opportunities to diversify the people who are in the communities,
since the City has some segregation within its communities from an
economic and racial standpoint.
Council Member Mason commented that part of the lesson learned
from Victory Stadium is the cost one pays, politically and publicly, when
maintenance is not provided. She noted that more attention needed to
be given to the lack of green space.
Council Member Lea added that he would like to see priority given
to domestic violence programs, crime prevention and juvenile residential
detention.
Mayor Harris commented that he felt that the Library Master Plan
was being neglected, which was unfinished City business; and inquired
about a timeframe for receipt of Council's input and feedback. The City
Manager responded that City staff was considering March 10 as a target
date for staff to brief the Council.
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Vice.Mayor Trinkle inquired about the homeless assistance team's
regional plan; whereupon, the City Manager stated that the Homeless
675
Assistance Team has been funded through a HUD or Hope Grant for
several years, and she has not received the time limit indication for a 1
renewal of the program which ended on January 31, 2007. She stated
that her plan was to use the local match to continue the program with the
hope that the federal money would be forth coming.
The Mayor inquired if it would be worthwhile to dialogue with the
local Rescue Mission and similar agencies that are open in the evenings
and at night that may house the homeless. He also suggested
discussions with regard to a day shelter so that the Main Library or City
Market area would not continue to be a congregating location during the
day.
The City Manager mentioned that City staff is reviewing a ten year
plan to eliminate homelessness in the City of Roanoke and has suggested
a day center as a recommendation, which would require a site and staff,
adding that there are several communities that have created similar
facilities.
The Mayor suggested that the City engage in discussions with
entities that have facilities already in said area of service, adding that it
would be an expenditure well worth consideration because the Main
Library and Market area are defacto day shelters. He pointed out that
many of the City's homeless have difficulties and mental health issues,
and was in no way stigmatizing or implying that they were second class
citizens, but believes it would be beneficial for all if there were some
other options available to them during the day.
1
CAPITAL IMPROVEMENT PROGRAM
The Director of Management and Budget highlighted the following:
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Currently Funded Capital Improvement
Program Projects
. BuUdin!!s
. Fire-EMS Facility Improvement Program
Police Academy
- Funding appropriated.for concept design
- PPEA approach under ('oll...iderat;on
Library Master Plan - Phase I
. Economic Develooment
Art Museum of Western Virginia
. Percent-for-Art Program
. Riverside Centre for Research and Technology - Phase I
. Roanoke Centre for Industry and Technology (RCIT)
. Flood Reduction
Roanoke River Flood Reduction
- Recommend"delaying planned PI' 2008 bond issuance of $4.52
based on when match for Federal funds will be required
35
1
Council Member Wishneff inquired about a briefing with regard to
the Library Master Plan - Phase I; whereupon, the City Manager advised
that she plans to submit a communication requesting appropriation of
funds relating to four categories: renovating existing branches,
storefronts, kiosks, and a new full service branch, and would prefer not
to brief the Council until options for the sites have been sought under
acquisition or rental.
Mr. Stovall stated that all but $1.2 million of $4 million has been
spent on the Art Museum project; the One Percent for the Art Program is
an ongoing program where the City funds one percent of the value of
eligible projects, depending on construction costs. He pointed out that
the City has appropriated approximately $300,000.00 for the Riverside
Centre for Research and Technology Phase I (RClT), which is a $23.24
million project, and has completed everything with exception of the
remaining streets cape improvement along Reserve Avenue. He noted that
the RClT project totaled approximately $4.5 million and all that remains
to be completed is the paving, curb, sidewalk, and gutter, and the utilities
are already under ground.
1
With regard to the Roanoke River Flood Reduction Project, Mr.
Stovall stated that the cost is approximately $64 million, which is based
upon the expected receipt of additional federal funds, the extended bond
issuance for a couple years, which will allow the City additional debt
capaCity for potential other projects, and the City's federal match is
sufficient at this point. The City Manager interjected that the federal
match available covers the entire 5.5 miles of the Flood Reduction
Project. She stated that the latest budget, in the amount of $1 0.1 million,
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covers the project mid way up to the Hannah Court area, leaving about
half the project incomplete; and the project is in Phase 11, and pressing
capital needs has delayed the project, which was deliberate in order to
allow the City debt capacity for the construction of the new William
Fleming High School and several other projects.
1
Currently Funded Capital Improvement
Program Projects
. Parks
. Greenways and Trails
. Multi-Purpose Recreation Center
. Schools
. Elementary School Renovations
. High School Facility Improvements
- Cost ;Ilcretls(! for Patri(:k Henry and lVil/iam Fltuning project!!,'
High School Stadium Facilities
. Storm Drains
. Neighborhood Storm Drain Program
36
Mr. Stovall advised that the greenways and trails projects are
ongoing and are anticipated for completion within a 10 year period, at an
approximate cost of $3.8 million.
1
Vice'Mayor Trinkle inquired about the schedule regarding the river
greenways; whereupon, the City Manager advised that the completion of
the river greenways will depend on the completion of the Flood Reduction
Project, as well as what is allocated in the budget annually.
Mr. Stovall stated that the multi.purpose recreation center is a
project that originated in the first Parks and Recreation Master Plan, and
approximately $290,000.00 has been appropriated to facilitate the
conceptual design; and a number of improvements have been made to
the athletic facilities in several City parks.
1
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1
With regard to elementary school renovations, he advised that
renovations have been completed at Westside and Fallon Park Elementary
Schools and renovations are currently being made to Monterey
Elementary School. Regarding High School Facility Improvements, the
aggregate cost of both projects is $111 million, as well as the stadium
facilities for both schools totaling $8.2 million.
Currently Funded Capital Improvement
Program Projects
. Streets. Sidewalks. and Bridl!es
. Bridge Renovation Program
- Reallocation of planned PY 2008 bond issuance of $2,250,000 to
!!.'upport City share of increased costfor lVilliam Fleming
Curb Gutter, and Sidewalk Program
- Reallocation of planned FY 2008 bond issuance of $2.750,000 to
support City share of increa!t'ed cost for lVilliatn Fleming
First Street Bridge Rehabilitation
Streetscape Projects
. VDOT Highway Projects
I
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Mr. Stovall called attention to previous discussions with Council
regarding the strategy to reallocate a portion of the $5 million bond
issuance originally dedicated for bridge renovation, curb gutter and
sidewalk to support the William Fleming High School reconstruction
project; the First Street Bridge Rehabilitation project is currently under
construction, totiding $4 million; streetscape projects totaling $1 million;
projects in connection with Grandin Road have been completed; and the
next scheduled project would be in the Crystal Springs area. He noted
that the highway projects currently total $42 million which includes a
number of improvements to 13th Street, Hollins Road and Wonju Street,
along with various signal and intersection improvements which are in
various stages of completion; and the City's percentage is two percent on
a VDOT match.
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Currently Funded Capital Improvement
Program Projects
. Other
. Civic Facilities Expansion
- Project substantially complete
Market District Plan
- Funding appropriatedfor c(}Iu:ept design and limited impTm'emelll.\'
to ext(~rior and interior of the Market Building
. Downtown West (Campbell Avenue) Parking Garage
Financial Application Integration
1
"
He further advised that the Roanoke Civic Center expansion totaled
$19 million and is substantially completed; the Market District Plan
component is approximately $200,000.00 in order to facilitate the design
of the Step Plaza; the Downtown West Parking Garage will be a $7.2
million project; and $300,000.00 has been appropriated for the Market
building awnings, with limited improvements to the exterior of the
building. He added that the Financial Application Integration project of $5
million in capital funds consists of upgrades to the following:
Department of Finance accounting, the tax and treasury, and payroll
systems, and Human Resources system.
1
The Director of Management and Budget reviewed the following:
. Existin!! Capital Proiects Reauirin!! Additional
Fundin!!:
. Fire-EMS Facilities
- Williamson Road ~ $.3M (Use residual project contingency funds
and residual funds from Police Building project)
- Melrose - $.3M
. Roanoke Centre for Industry and Technology- $1.3M
- Complete the extension of Blue Hills Drive
- Fund from Economic and Community Development Reserve
. Streetscape Improvements. $8.2M
- Riverside Centre - $1.6M
~ Downtown and Village Center $6.6 M
. Library Master Plan Phase I - $7.1M
"
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680
1
. Existine; Caoital Proiects ReQuirine; Additional
Fundine;:
. Market District Plan. $2M
- Initial estimate for stepped plaza
- Funding appropriated for architectural
engineering and design
. Police Academy - $5.5M
. Curb, Gutter, and Sidewalk Program - $12.7M
- Estimate based on identified projects
- Applied for matching VDOT funding
.,
. Existin!! Capital Projects ReQuirin!!
Additional Fundin!!:
. Bridge Renovation - $7.9M
1
. Storm Drains. $59M
- Based on identified projects
- Storm water utility fee potential funding source
41
He noted the following information pertaining to the storm drain
capital needs.
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681
Storm Drain Capital Needs
1
. Identified projects range in value from $5,000 to $8 million
. Increasing mandates for water quality under the National
Pollutant Discharge Elimination System
. Funding options include:
Taxes - Real Estate
Developer Related Charges (Land Development Fees and
Participation Reimbursement Agreements
Storm water Utility Fee
"42
Storm Drain Capital Needs
. Storm water utility fee is a method of providing a dedicated
funding source for storm water management and capital
improvements
I
. Other localities have implemented the stornI water utility fee
- Hampton
- Newport News
- Norfolk
- Portsmouth
- Virginia Beach
- Chesapeake
- Prince William County
43
Vice.Mayor Trinkle inquired as to whether all funds received from
the storm water utility fee would go towards capital improvements for the
sewer system, and whether the State Code addresses the issue of
homeowners capturing their own runoff; whereupon, the City Manager
stated that she recommends appropriating the money to be used for
capital improvements to the sewer system, and noted that credits are
available; and generally businesses look into how to contain runoff on
their site.
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Council Member Lea asked for clarification regarding what action
Council was being asked to take; whereupon, the City Manager stated she
was asking whether or not Council is willing to consider imposing a storm
water utility fee where funds would be directed toward capital projects for
the sewer system.
The Mayor stated that Council should decide if there is an interest
in a storm water management fee before requesting staff to compile
information regarding options to be presented to the Council for
consideration.
At 12:30 p.m., the meeting was declared in recess.
At 12:50 p.m., the meeting was reconvened with all members of
the Council present, Mayor Harris presiding.
The following information was reviewed by staff:
1
. New capital proiects :
. Courthouse Expansion - $55M
- Based on current concept study
. Amphitheater. TBD
. Recommendations - Reserve Avenue and Parks Master
Plan - TBD
- Paved Trail System
- Outdoor \-Vater Plaza
- Outdoor Climbing Area
- Adventure Lake/Kayak Center
- Retail Zone
- Other Elements
. Mountain View Center Restoration -$.8M
. Jail Security System. $2.6M
. E.91l Telephone System Replacement. .7M
44
1
. New capital proiects :
. Raleigh Court Elementary - $2M
- Initial Cost Estimate
. Market Garage -$2.9 -$6.5 million
- Inilial Cost Estimate
- l\lm'ing forward with required repairs using "'arking Fund
retained earnings
- Seeking partners for potential expansion of the facilit)'. with
design underway .
. Hurt Park Neighhorhood Revitalization - $IM
. Lansdowne Revitalization - THD
DEBT AND DEBT POLICIES:
The Deputy Director of Finance reviewed the following:
Planned Future Bond Issues
(City Supported)
FY08
Fire-EMS Facilities $3.8M
William Fleming High School $28.5M
Downtown West Parking $2.6M
Garage
Total $34.9M
"
683
1
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1
684
1
Planned Future Bond IssueslDebt
(School Supported)
FY07 FY08 FY09
Patrick Henry 3.50M ------ ------
William Fleming ------ $20.25M $7.50M
Total 3.50M $20.25M $7.50M
4'
With regard to the City's debt policies and parameters that need to
apply to the City of Roanoke and the City of Roanoke Schools, Ms.
Shawver stated that many policy items, bu'dget bases, and tax supported
debt were combined, and called attention to which future debt service
was to be paid by the City or City schools.
1
Future General Fund Debt Service Requirements and
Projected Funding Available for Debt Service
30.000
5,000
25.(:00
15.000
10.000
2006 2007 2008 2009 2010 2011 2012
_ Debt Ser.ice Requirements Upon 18.909 2OA25 20.310 23.674 23.015 21.618 20.727
Issuance
-+- Prt'l'ected Fundng Available tor 20,982 21.667 22.834 23.404 23.975 23,975 23.975
OeblSeMce
Exces.'i Capacity (Shortage)
1
49
685
Future City and School Debt Service
1
20.000
e 15.000
.!!
:8 10.000
'5
.
0 5.000
~
:!
0.000
COtyl'\lIdbyCitv 15.128 '5.2O(l 16.136 16.412 16.136 14.878 14,115
.ScP'lOOlPa<lbyOty 3.78' 4.217 4.174 7.261 8.878 6.743 6.612
. SchOOll'llod ~- 6.~7 6.920 .~ 10.176 10,MlO 10.129 9.832
10 City Paid by City. School Paid by City. School Paid by School]
'"
The Deputy Director shared information pertaining to the legal debt
margin and balance of outstanding debt as of February 1 , 2007:
Legal Debt Margin and
Balance of Outstanding Debt as of February 1, 2007
1
A~.'iC.'sed Value of Real Estate. 2006
lCl!:alllebt Limit. IO'7c of $5,947.887,630
City General Obligation Bonds
Enl~rprise Fund Debt:
- General Obligation Bonds:
. Civic Center Fund 15"'\15,000
. Parking Fund 2...J.21Jlru
Total Enterprise Fund Debt 24.782.063
School General Ohligalion Bonds 56.012.501
Qualified Zone Academy Bonds (QZALll 2.ROO.216
Virginia Public School Authority (VPSA/ Bonds 41.031.256
Literary Fund Loans :!.i!.Q.QQQ
TOlal Schools 104.365,97]
Section 108 Loan 2.fi90.tX.lO
General Obligation Dt:bt Issued fOf Utilities (I) ;lli,22;,7Q6
Total Debt as or (<'ebruar)' 1,2007 $273,828,472
Less: Parking Fund Debt Considered Self Supporting ( 9.367.063)
Less: Section 108 Loan ( 2.890,(00)
Less: General Obligation Debt to be Paid by WVWA (\) 1289')4766)
Outstanding Tax SUI)ported Debt $232.646.643
Les,s: Available in D~ht Service Fund (I 061 717)
Le~aJ Debt 231582906
Legal Debt Margin $363.205.857
(I I Ge"".at Ohlipl~," IJnnlh "'lIe,l hy 'he C;I~' pr~" In 1""" 30. 200"; .....hi.:h .....ill h<: ""nlrll<1\lalty ."!'aid liy ,he WVWA
$'i 947 RR76]0
594.788.763
$112,865.670
51
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She noted that the above slide was intended to provide information
pertaining to the amount of all debt .- QZAB, VPSA bonds, Civic Center
funds, etc., adding that the City has some long term debt that is the
City's, but it also has a contractual agreement with the Water Authority
whereby the Authority furnishes the cash to payoff the debt of $29
million. Although the amount is shown as debt, the City subtracts the
amount out because it does not consider the debt as an obligation, only
as the Water Authority's obligation.
Ms. Shawver explained that the Code of Virginia requires that
localities maintain a legal debt limit at ten percent of the assessed value
of real estate within their boundaries, and the City's amount is a little
below $600 million. She commented that the City's internal limit is five
percent of the real estate assessed, and the City's legal debt totals
around $232 million compared to the State Code limit which is $363
million.
She provided an overview of the City of Roanoke's debt policy
items; which have not undergone any changes since 2006.
1
Debt Policies
Tax-supported general obligation debt service will not
exceed 10% of General Fund expenditures.
Net bonded debt wifl not exceed 5% of the assessed
value of real estate.
- Net Bonded Debt is general obligation debt for the City
and School Board, exclusive of Parking Enterprise
Fund debt and the amount available in the Debt Service
Fund, '
Tax-supported debt will be structured such that not
less than 50 % of aggregate outstanding debt will be
retired within ten years.
- Notc: Ratios that follow include all tax-supported debt - GO bonds,
VPSA, Literary Loans, QZAB, and Capital Leases.
52
She also noted that the ratio of net bonded debt to assessed value
of real estate data is not for debt that is outstanding, but the debt the
City plans to issue in connection with the two high schools and the
Fire/EMS facility improvements.
I
Ratio of Net Bonded Debt to
Assessed Value of Real Estate (5%)
. FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 20 II
FY 2012
FY 2013
City
Proiects
2.2%
2.6%
2,5%
2.1%
1.9%
1.6%
1.4%
1.2%
1,0%
O.9VJo
School
Proiecls
1.5%
1.8%
1.9%
1.9%
2.4%
2.2%
2,0%
1.7%
1.6%
1.3%
Overall
3.7%
4.4%
4.4%
4,0%
4,3%
3,8%
3.4%
2,9%
2,6%
2,2%
Note: Assumes growth of 6.5% in FYOS, 5% in FY09, 4% thereafler in
assessed value of real estate.
Reduction of Aggregate Debt Within
Ten Years (50%)
(Reflects Issuance of Planned Future Debt)
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
FY 2012
FY 2013
City
69%
73%
75%
79%
82%
85%
89%
91%
Schools
66%
85%
63%
66%
69%
72%
75%
78%
Overall
68%
79%
69%
71%
75%
78%
81%
83%
687
1
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1
54
1
688
1
1
1
Ratio of Debt Service to General
and School Fund Expenditures (10%)
FY 2004
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
FY 2012
FY 2013
Cily
Proiects
4.6%
4.5%
4.8%
5.1%
4.9%
4,8%
4.5%
4.0%
3,7%
3.4%
School
Proiects
2,5%
2,6%
3.3%
3,5%
3,7%
5.0%
4,8%
4.5%
4.2%
4.0%
Overall
7,1%
7.1%
8.1%
8,6%
8,6%
9.8%
9.3%
8,5%
7,9%
7.4%
Note: Assumes annual expenditure growth of 4%.
Debt Capacity After Future Planned
Debt Issuances
(in millions)
wo
90
90
'"
60
90
"
60
60
W
.DebtCa . 46523
100.338
55
Debt capacity is based on debt service payments not exceeding 10% of General Fund expenditures.
Debt capacity is based on 5.5% interest.
56
689
The following is a list of projects the Council considers to be most 1
important:
. Courthouse expansion
. Crystal Spring and Garden City Elementary Schools (overcrowding)
. Mill Mountain (Proposed Inn)
· The Hotel Roanoke & Conference Center Expansion
. Market Garage Expansion
· Expansion at Sam's Club and Roanoke Regional Airport
. Police Academy
. Library Master Plan
. Hotel Roanoke and Market Building
. Mill Mountain Zoo
. Infrastructure/Sewer System
. Bridge Improvements
. Amphitheater
. Reserve Avenue
. Mountain View Recreation Center
Following discussion of the above-mentioned items, the Mayor
suggested that additional items and/or comments be forwarded to the
City Manager for discussion at the budget study session scheduled for
Thursday, May 10, 2007 at 8:30 a.m., in Room 159, first floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W.
1
There being no further business, the recessed meeting was
adjourned at 2:10p.m.
APPROVED
, fr;. t1tJUYtJ
Stephanie M. Moon
City Clerk
Q Vfu~
ATTEST:
C. Nelson Harris
Mayor
1
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690
1
ROANOKE CITY COUNCIL---REGULAR SESSION
February 20, 2007
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 20, 2007, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson
Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2.15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37467-070306
adopted by the Council on Monday, July 3, 2006.
PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle,
Brian J. Wish neff, Alfred T. Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea (arrived late) and Mayor C. Nelson Harris-mnm_h_mm.muu.m'7.
A BS E NT: Non e 00.000000n.. __0000 00 00 00000000.00 nun nun unnun __ 00000__000000 000000_.0000 00 O.
The Mayor declared the existence of a quorum.
1
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, City Clerk.
The invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT: The Mayor recognized exchanged
students from Saitama City Japan.
DECEASED PERSONS: Council Member Fitzpatrick offered the following
resolution memorializing the late Bobby G. Pollard, Member, Bedford County
Board of Supervisors:
(#37677-022007) A RESOLUTION memorializing the late Bobby G. Pollard,
Bedford County District 6 Supervisor and a Bedford County native.
I (For full text of resolution, see Resolution Book No. 71, page 162.)
691
Council Member Fitzpatrick moved the adoption of Resolution No. 37677.
022007. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H ar ri Soon n00000000n..n n 00..0000 0000.000000.. n.un. 00 unnn 00 00.00.. n nOO 000000000000000000 00 0.6.
NAYS: Non e nn...nn.nn__...__nnnnn.nnn..uunnnn..nnonnO.n.n.nnnnnnoooO.
(Council Member Lea was not present when vote was recorded.)
The Mayor presented a ceremonial copy of Resolution No. 37677.022007
to Mrs. Bobby G. Pollard.
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. The Mayor called attention to two requests for
closed session.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 18, 2006; Tuesday, January 2, 2007; and Tuesday, January 16, 2007;
and a special session of the City Council Personnel Committee held on Tuesday,
January 2, 2007, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the reading of the minutes be
dispensed with and approved as recorded. The motion was seconded by Vice.
Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H ar ri s 00.0000 00 __ ____nnnnn.. o__n' n. 00000000 00 ____0000 00 00 nn.o.nnnn 00.. -- 00__0000000000 00..6.
NAYS: Non ennnno__.__nnnnnnnnn....nnn.nnnnnnn.onn.nnnnn.n.n..nnn.O.
(Council Member Lea was not present when the vote was recorded.)
~
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692
COMMITTEES.ClTY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
Mayor Harris to convene in Closed Meeting as abovedescribed. The motion was
seconded by Vice.Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H arri s n_nnnnnnnnn..nn_oon..nnnnnnn..nnnu_u.n_nnnnnnnnu.n_nnn.00-6.
NAYS: Non e.nnn.__nnnUhn._nnn..n_nnnnun.nnn.n.nnnnhnnnnnnnnnn.O.
(Council Member Lea was not present when the vote was recorded.)
CITY COUNCIL.PERSONNEL DEPARTMENT: A communication from Council
Member Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that
Council convene in a Closed Meeting to discuss the mid-year performance of
three Council.Appointed Officers, pursuant to Section 2.2-371l(A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council concur in the request of
Council Member Dowe to convene in Closed Meeting as abovedescribed. The
motion was seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayor Harri s .unnnnnnUnnnnnn__.nnhnnnnn.n_Unn_nnnn..nn_.nnnnnnnnn.h-6.
NAYS: No n ennn__nnnnnnhnn..nnnn..n_._nnnnnnUhnnn.n.nnn.unnnnn_O.
(Council Member Lea was not present when the vote was recorded.)
693
COMMITTEES.ARCHITECTURAL REVIEW BOARD: A communication from
Lora J. Katz tendering her resignation as a member of the Architectural Review
Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that Council accept the resignation
and receive and file the communication. The motion was seconded by Vice-
Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H arr i s 00.nn00n 00 .uu__n. .00____. --. -- 000000000000000000 00 00 00 0000- 0000000000000000 00..00 00 ____0000 6.
NAYS: No n e.n_u..n__________nuunn.....nnnnnuuuunn....nn.n.unu_u_.____.....0.
(Council Member Lea was not present when the vote was recorded.)
CITY CLERK: A report of qualification of Stephanie M. Moon as City Clerk
for the City of Roanoke, for a term ending September 30, 2008, was before
Council.
(For full text, see report of qualification on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that the report of qualification be
received and filed. The motion was seconded by Vice-Mayor Trinkle and
adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H arri s 00_._00" 00000000 00.00_0000.. ._______.00000000000000 00000000000000'____ 00 00 0000000000 00..00 00 00..6.
NAYS: Non e__._nuuunnnunn__n_._uuuuuunn..nnnn________uu....n_uunnnn.O.
(Council Member Lea was not present when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
1
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694
ECONOMIC DEVELOPMENT-PARKS AND RECREATION: John D. Lugar,
Chair, and Robert P. Fralin, Vice.Chair, Valley Forward, addressed the Council
with regard to a proposal for construction of an inn and parking structure on
Mill Mountain.
(For full text, see document on file in the City Clerk's Office.)
Mr. Fralin stated that Valley Forward consists of a group of young
professionals who are interested in quality of life issues regarding the Roanoke
Valley. He pointed out that the organization envisions a fine lodge with rooms
of 45 to 60, a dining component, a destination restaurant, a cafe, some
meeting spaces, etc.; and in closing, noted that the proposed inn would provide
the City of Roanoke to become a destination for the Blue Ridge Parkway and its
citizens.
Mr. Lugar expressed appreciation for the opportunity to brief Council on
the concept for a mountain lodge on Mill Mountain; and he was of the opinion
that the project could be an economy boost to the Blue Ridge Parkway tourism
and tourism in general. He shared the following data:
According to a Survey USA Poll commissioned by WDBJ-7, 80
percent of Roanoke Citizens favor a new Rockledge Inn on the
former site. Other supporters include the Roanoke Regional
Chamber of Commerce, Downtown Roanoke, Inc., the Roanoke
Valley Convention and Visitors' Bureau, and Blue Ridge Bicycle
Club.
The new Rockledge would serve all Roanokers, not just naturalists,
so people of all interests and economic levels can share the
mountain, whether at the coffee shop, restaurant, lodging, or
outdoor spaces.
The original Rockledge Inn didn't "destroy" the mountain and
neither will a rebuilt one. It would use less than one percent of Mill
Mountain's 500 acres, would not touch the approximately 12 miles
of trails on the mountain, would sit down in a recessed, entirely
unused part of the mountain's saddle and would not impact
existing uses. Finally, it would complement the existing zoo and
88.foot neon star.
695
With great foresight, valley forefathers built Rockledge in 1892,
long before any other mountain addition. It existed for 84 years
(1892-1976) and was still in operation when Junius Fishburn
donated the mountain. Had it not burned down, it would still be
part of the mountain today.
1
We don't have to choose either "protection" of Mill Mountain or
progress with a new Rockledge. It's not an either.or decision. If
done properly and carefully, we can rebuild Rockledge while
protecting current uses and current attractions on the mountain.
As Roanoke College President and economic development expert
Dr. Sabine U. O'Hara points out, "Building on Roanoke's
environmental assets and creating amenities that appeal to the new
creative class workforce do not have to be contradictory goals. An
aesthetic and environmentally sensitive destination like the
proposed Rockledge Inn can achieve both and that kind of win.win
project is what Roanoke needs to be competitive in the 21 st
Century."
Unlike the Rockledge project, which would simply replace a long-
existing landmark, a new project on the mountain would have to
prove their enhancement of the mountain, be approved by the City
of Roanoke and overcome extremely difficult zoning, legal, and site
challenges, while earning the blessing of the Fishburn family.
I
Our young people are fleeing in alarming numbers, and our area's
population is growing at less than 1 %. The Rockledge Inn, with
other promising initiatives, could be a catalyst to the valley while
protecting our amazing natural environment. While Rockledge
would benefit the valley economically and culturally, its greatest
contribution could be inspiring a positive, can.do community
attitude and a desire for progress. Obviously, no single project is
the answer to everything, but the inn's uniqueness as a valley
showcase would be a strong lure in attracting tourism and provide
a compelling quality of life ingredient. Together with the new art
museum, the greenway system, and new amphitheater, it would
help make the valley a place where exciting things are happening, a
major consideration for young people deciding where to locate.
1
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696
We at Valley Forward are no less devoted to the mountain than
those who oppose Rockledge's restoration. We are regular visitors
to Mill Mountain.hiking, biking, visiting the zoo, and frequently
taking visitors to its overlooks or just spending time there. We
understand the urgency of protecting this amazing natural
resource, but we also recognize how dynamic the mountain is as a
showcase for the valley and feel that everyone should be able to
enjoy it.
As a volunteer organization, we are motivated by one thing: To
help make the Roanoke Valley an even better place and to help
keep our young people home. We've presented a vision with wide
appeal. We hope the community will embrace it.
We encourage you to visit our web site at valleyforward.net and find
out why 80 percent of people polled by SurveyUSA favor a new
Rockledge Inn.
Mr. Fralin remarked that Valley Forward had met with several business
leaders, City officials, and others to share its vision and to receive feedback. He
mentioned that the concept had been endorsed by the Roanoke Regional
Chamber of Commerce and Downtown Roanoke, Inc.; and with' regard to the
financial side, he stated that tax revenue to the City could be approximately
$325,000.00, based on room taxes, real estate taxes, business property taxes,
and food taxes based on revenue from the restaurants.
He proposed that the Council move forward with a Request for Proposal
to solicit interest from bidders and operators to build the vision and Valley
Forward strongly feels there needs to be strict parameters on what bidders
commit to because Mill Mountain is a sacred asset that needs to be protected.
The fOllowing individuals appeared before Council in connection with the
matter:
Betty Field; 2802 South Jefferson Street, S. E., spoke in opposition of the
proposal.
Dr. M. Rupert Cutler, 204 South Jefferson Street, Unit 4, spoke in support
of the proposal, and suggested that the City donate a perpetual conservation
easement on the undeveloped portion of the Park to the Virginia Outdoors
Foundation.
697
David Diaz, President, Downtown Roanoke, Inc., spoke in support of the
Valley Forward proposal, and read a resolution adopted by the Board of
Directors. (See resolution on file in the City Clerk's Office.)
1
Richard L. Clark, 4529 Royal Oak Drive, S. W., spoke in opposition of the
proposal, advising that the proposed project would irreparably change the
character of the Mountain, eliminating a significant portion of the top of Mill
Mountain, and creating the noise, pollution, hustle and bustle that people
presently visit the Mountain to escape.
Buford Self,' 2700 Longview Avenue, S. W., spoke in support of the Valley
Forward's proposal.
Gary Saunders, 1309 Winston Drive, Salem, Virginia, spoke in support of
Valley Forward's effort to construct an inn on Mill Mountain.
Gordan Ziegler, Executive Director, New River Corridor Technology
Council, spoke in support of Valley Forward's proposal.
Katherine Walker, 204 Jefferson Street, Unit 12, spoke in support of the
proposal, urging the Council to enthusiastically and actively support the work
of Valley Forward.
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Kate Berding, 2814 South Jefferson Street, spoke in Opposition of the
proposed development, claiming that the development would change the flavor
of the Mountain.
Council Member Wishneff expressed his support for the project, but
advised that City officials needed additional time to determine the best course
of action to be taken by the City.
Vice Mayor Trinkle suggested that consideration regarding the proposal
include the use of the mountain as a hub for hiking and day visitors, lighting
concerns, and connectivity to the Roanoke River and the downtown area.
Council Member Mason commended Valley Forward on its civic
engagement and inquired about the location of proposed hotel on the
mountain; whereupon, Mr. Lugar advised that the hotel would be built near the
lower overlook and a retaining wall will not be necessary; and he reemphasized
that the hotel would not take away from anything already on the mountain. In
order to address citizen concerns with regard to the Mill Mountain gardens,
Council Member Mason instructed the City Manager to include a conservation
easement if the hotel is built.
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698
Council Member Fitzpatrick emphasized that there should not be an
overuse of the mountain due to the project, adding that the project needed to
be carefully and deliberately planned and staff needed to study all angles and
impacts to find the best possible way to share Mill Mountain.
Council Member Dowe inquired about future developments on the
mountain and expressed concern about the project's effect on stormwater and
inquired how the Parkway's narrow roads would impact safety such as
emergency vehicles having accessibility. He requested that City staff contact
local bed and breakfast establishments to inquire about their challenges. He
also asked that Valley Forward identify any future financial partners who may be
interested in the project.
Mayor Harris expressed his support for the project, stating that details
could be worked out through a process, and that he looked forward to future
conversations with Valley Forward.
Following further discussion, it was the consensus of the Council to refer
the matter to the City Manager for study and recommendation to the Council.
HIGHWAYS-INTERMODAL FACILITY: Kevin Page, Director of Rail
Transportation, Virginia Department of Rail Public Transportation, appeared
before the Council with regard to the Intermodal Facility process, specifically
the Virginia components of the Heartland Corridor and the Intermodal Facility
that has been proposed and funded through a grant from the Virginia
Department of Rail and Public Transportation through its rail enhancement
fund. He pointed out that the Heartland Corridor Virginia components involve
both the VDRPT tunnel clearance project, which is located farther west of the
Roanoke region and an Intermodal Facility to be sited somewhere in the
Roanoke region. Mr. Page spoke about the Heartland Corridor multi-state
initiative and the economic benefits that were to be included in the corridor,
indicating that without the Intermodal Facility, Virginia would be a pass.through
state, and without said access, the State would lose its access to goods
traveling along the line, competitive shipping in the global and world markets,
as well as new jobs and economic development.
(For full text, see documents on file in the City Clerk's Office.)
699
Council Member Wishneff noted his interest in an lntermodal Facility in
the City of Roanoke, but he did not believe enough information had been
provided for Council to comment on the feasibility of the proposal. He asked if
funding would be provided for the project; whereupon, Mr. Page responded in
the affirmative.
1
Vice.Mayor Trinkle expressed his support of an Intermodal Facility in
Roanoke; however, it is his understanding that the requirements for the facility
are extensive and the sites in the City are not large enough. He inquired as to
whether there would be discussions to work through the challenges and
limitations of the City sites; whereupon, Mr. Page responded that if a Roanoke
site was targeted, discussions would be held to resolve any issues. Vice.Mayor
Trinkle added that the Council needed to initiate dialogue with the Virginia
Department of Rail & Public Transportation, and ask if all sites being considered
were on a level playing field. Mr. Page answered that the Department was
looking at all qualified sites.
Council Member Mason asked the City Manager if the City had considered
a price tag for an Intermodal Facility; whereupon, Ms. Burcham advised that a
price tag had not been determined, and that the Virginia Department of Rail
and Public Transportation had only inquired about possible sites. She further
advised that the Department had identified issues with all ten sites for a facility,
adding that the City had not been approached for assistance with any site I
analysis. She indicated that City Council's priorities would have to be revisited
if a Roanoke site was selected, and the City has not evaluated the development
involved with the project, which happens at a state level.
Council Member Fitzpatrick indicated that neither site in the City comes
close to meeting the requirements and criteria for an Intermodal Facility, and
the Roanoke sites will not accommodate the facility's needs. He pointed out
that Freightcar America would claim space from one of the possible sites with
its recent announcement for expansion of a new line of railcars. He was of the
opinion that the City should attempt to convince the region of the importance
of an intermodal transportation facility for freight to load and unload, as well as
to find the best site for Norfolk Southern Corporation since they will make the
ultimate choice.
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700
Mayor Harris commented that it had been suggested that the Council had
not been expressing an interest in an intermodal facility, citing specific
instances when the City had expressed an interest in locating an intermodal
transportation facility in Roanoke. He added that an intermodal facility is
complex and is a significant undertaking that requires infrastructure, i.e.:
roads, bridges, etc., and public discussion implies that since rail exists in the
City, it would be easier to add an intermodal facility. However, he pointed out
that everyone needed to understand the challenges of the criteria that would
have to be surmounted.
There being no additional questions and/or comments, the Mayor
expressed appreciation to Mr. Page for his presentation.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FIRE DEPARTMENT: (See pages 671 - 672.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET.NORFOLK SOUTHERN CORPORATION-VIRGINIA TRANSPORTATION
MUSEUM-GRANTS: The City Manager submitted a written communication
recommending acceptance of a Norfolk Southern Foundation Grant in support
of an independent study of the Virginia Museum of Transportation; and
appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37678,022007) A RESOLUTION accepting a grant from the Norfolk
Southern Foundation made to the City to fund the development of a Market
Study for the Virginia Museum of Transportation, and authorizing execution of
any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 71, page 163.)
701
Council Member Mason moved the adoption of Resolution No. 37678-
022007. The motion was seconded by Vice.Mayor Trinkle.
1
Council Member Fitzpatrick noted the funding from Norfolk Southern
Foundation would be used to fund the development of a strategic plan for the
Virginia Museum of Transportation, not a market study, and requested that the
measure by amended to reflect the change.
There being no further comments, Ordinance No. 37678-022007, as
amended, was adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe and Mayor
H a r ri s nn 00 00 n'h'UU n. 00 00 0000__0000000000._ _ 00000_0000.. 000000._ _uu'n 00.00.. -- 00 n_nnu,u_'nnnnn 5 .
NAYS: N 0 neuunnnnnnnnnUhU__..n.nnnnnnnhOOUU.nOOnnnnnn_n.hU...._..O.
(Since he serves as the Executive Director of the Virginia Museum of
Transportation, Council Member Fitzpatrick abstained from voting.) (Council
Member Lea was not present when the vote was recorded.)
Council Member Mason offered the follOWing budget ordinance:
1
(#37679-022007) AN ORDINANCE to appropriate funding from the
Norfolk Southern Foundation for a study of the recognition potential of the
Virginia Museum of Transportation, amending and reordaining certain sections
of the 2006.2007 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 164.)
Council Member Mason moved the adoption of Ordinance No. 37679.
022007. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wish neff, Dowe and Mayor
H ar ri s 0000 00 00 000000_00..00 00 __00000000000000 00 .0000_0000. 00 noon noonuu 00 u. .uu'nnn.. 00 00 00 .00000000000 5 .
NAYS: N 0 nennnnnn..nn..nnnn__nUOOh_OO.UOO.uuuunnn_....nnnnnnonnn.n.O.
(Since he serves as the Executive Director of the Virginia Museum of
Transportation, Council Member Fitzpatrick abstained from voting.) (Council
Member Lea was not present when the vote was recorded.)
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702
BUDGET.HUMAN DEVELOPMENT.GRANTS: The City Manager submitted a
written communication recommending acceptance of a Workforce Investment
Act Incentive Grant for the period of January 1, 2007 through March 31, 2008;
and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Vice.Mayor Trinkle offered the following resolution:
(#37680.022007) A RESOLUTION authorizing the City Manager to execute
the requisite documents with the Western Virginia Workforce Development
Board for the City of Roanoke to continue to be the grant recipient for
Workforce Investment Act Area 3 to be operated by the Western Virginia
Workforce Development Board.
(For full text of resolution, see Resolution Book No. 71, page 164.)
Vice.Mayor Trinkle moved the adoption of Resolution No. 37680-022007.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H ar ri s 00'000000000000 00000000 -- 00000000 u. 00 00 00000000 00000000 00 nun 00'" 00000000 _n_000000n __ 0000006 .
NAYS: No nenuun.uuu...nuuuoonnnun_nn..n_.nuuu.._.uuu.unuu__unn.uuO.
(Council Member Lea was not present when the vote was recorded.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37681,022007) AN ORDINANCE to appropriate funding from the
Commonwealth of Virginia for the Workforce Investment Act Incentive Grant,
amending and reordaining certain sections of the 2006.2007 Grant Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 165.)
703
Council Member Fitzpatrick moved the adoption of Ordinance NO.3 7681.
022007. The motion was seconded by Vice.Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H a r ri s n.___...n .00.0000.00...0000__ --... nnnnn 00 0000....00 .00__'00000000.0000000000 00 00.. 00..00..6 .
NAYS: Non e ---. .00.000000 00.. noon 00 00 __0000.__..00.00.00.. nnnnnuOOnnnn.nn 00 00 00 00.. --.0.
(Council Member Lea was not present when the vote was recorded.)
POLICE DEPARTMENT.BUDGET.GRANTS: The City Manager submitted a
written communication recommending acceptance of a Data Share Grant from
the United States Department of Criminal Justice Services through the Edward
Byrne Memorial Grant Program; and appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following resolution:
(#37682-022007) A RESOLUTION accepting the Data Share grant to the
City from the Virginia Department of Criminal Justice Services, and authorizing
execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book, No. 71, page 167.)
Council Member Fitzpatrick moved the adoption of Resolution No.3 7682.
022007. The motion was seconded by Vice'Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Fitzpatrick and Mayor
H ar ri s 0000 00 0000000000... -- ___000000'0000 00 noon n. 0000._.. 00 000000__ 00 00 .00.00.0000..00.00. 00 00 '0000___000000 00 5 .
NAYS: Non e.____n.__noonnnnn._n_nn_.nnnnn__nnnnnn....n...n____nn__nnnn.O.
(Since he serves as a member of the Virginia Department of Criminal Justice
Services Board, Council Member Dowe abstained from voting.) (Council Member
Lea was not present when the vote was recorded.)
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704
Council Member Fitzpatrick offered the following budget ordinance:
(#37683-022007) AN ORDINANCE to appropriate funding from the
federal government through the Commonwealth of Virginia for the Byrne
Memorial Grant Program, amending and reordaining certain sections of the
2006.2007 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 168.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7683.
022007. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Fitzpatrick and Mayor
H ar ri s 00nu noon 00 00_0000.. 00 000000000000 00.. _.. noon 00 00 00_00. noon 00 00 "0000'_' 00 00 .000000. __noon 00 00_00_ 5 .
NAYS: Non e noon 00 00 00..._ nnnn 00 U'nn_ _00 .nnUUh.n 00 00000000 _..00 .00_0000 'hn_nn 0000-0.
(Since he serves as a member of the Virginia Department of Criminal Justice
Services Board, Council Member Dowe abstained from voting.) (Council Member
Lea was not present when the vote was recorded.)
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written
communication recommending amendment of the 2005-2010 City's HUD
Consolidated Plan to include the "Summer 2007 World Changers Housing
Rehabilitation Project", and execution of a CDBG Subgrant Agreement with Blue
Ridge Housing Development Corporation, Inc.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37684-022007) A RESOLUTION authorizing the appropriate City
officials to amend the 2005-2010 Consolidated Plan regarding the World
Changers project, including submission of necessary documents to the U. S.
Department of Housing and Urban Development (HUD); and to enter into a
Subgrant Agreement with the Blue Ridge Housing Development Corporation,
Inc., regarding the World Changers project, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 71, page 169.)
705
Vice-Mayor Trinkle moved the adoption of Resolution No. 37684-022007.
The motion was seconded by Council Member Fitzpatrick and adopted by the
following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H a r ri s n _n_n_ n n -- nn_n_ n n nnn n_ - - n n n_nnn_ n n n - - n n - - - n n n nnnnnn_n_ 0. - - - - - - 6.
NAYS: Non e nnnnn n nnnnn n n_nnn___n_ n n nnnnnnnnnn__n_n 0. 0. -- - - nnnnn_O .
(Council Member Lea was not present when the vote was recorded.)
BUDGET-MARKET SQUARE PARKING GARAGE: The City Manager submitted
a written communication recommending appropriation and transfer of funds in
connection with repairs to the Market Garage.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37685-022007) AN ORDINANCE to appropriate funding from the
Parking Fund Retained Earnings for necessary repairs and expansion analysis at
the Market Garage, amending and reordaining certain sections of the 2006-
2007 Parking Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 170.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37685-
022007. The motion was seconded by Council Member Dowe and adopted by
the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H arr i s n_nnnn n n nnnnn - - nnn n_ 0. __ __ nnnnn n - - - - __ __on - - - - n nnnnn n - - dn__n n n6 .
NAYS: Non e nnnnn n n _n_nn n nnnnnn_ __ n _nn_nnnn_nn_n n - - - _nn_nn__ nnn_nO .
(Council Member Lea was present when the vote was recorded.)
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706
CITY PROPERTY-ZONING: The City Manager submitted a written
communication recommending authorization to file an application to rezone
three parcels of City-owned property located on Highland Farm Road, N. W.; and
to adopt an INPUD Development Plan, in order to permit redevelopment of the
William Fleming High School campus.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
(#37686-022007) A RESOLUTION authorizing the filing of an application
to rezone property which is owned by the City of Roanoke and which is
designated as Official Tax Nos. 6460102, 6460103, 6472207, 6472208 and
6472209, and all public rights-of-way adjacent to such lots.
(For full text of resolution, see Resolution Book No. 71, page 171.)
Council Member Dowe moved the adoption of Resolution No. 37686-
022007. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Dowe, Fitzpatrick and
Mayo r H arri s n_n n _nn___ -- _n_nnn n n__n_ __ nnn n__n nnnn _n_nn_n_n_ n nnnn __nn nnnn 6.
NAYS: Non e _n_ n nnn n - - n nnn _nnn_ - __nn __ _n_ n __nn__n n n ____nn_ n nnn _n_n n n-O .
(Council Member Lea was present when the vote was recorded.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL: NONE.
707
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.
I
BLACK HISTORY: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared
before the Council in recognition of Black History Month.
SOCIAL SECURITY BUILDING: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
appeared before the Council in opposition of construction of the proposed
Social Security Building on Henry Street.
CITY EMPLOYEES: Mr. Robert Gravely, 727 29th Street, N. W., appeared
before the Council concerning the City's pay scale for City employees and
affordable housing in the City.
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGMENT-SPECIAL EVENTS: The City Manager
announced that she participated in the Chinese New Year Celebration on
Sunday, February 18, 2007 at Virginia Western Community College. She also
announced that City Council/City staff attended a Press Conference unveiling I
FreightCar America's addition of a line of new hybrid aluminum railcars.
At 4:40 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in the Council's Conference Room for a briefing
regarding LEED cost savings for the proposed Williamson Road Fire Station.
At this point, Council Member Lea entered the meeting (4:45 p.m.).
LEED Cost/Savinqs for Williamson Road Fire Station
The City Manager stated that at the February 5, 2007 Council meeting,
the City Engineer was requested to provide additional information pertaining to
cost savings for the Williamson Road Fire Station.
Philip C. Schirmer, City Engineer, referenced the cost summary which was
reviewed at the February 5, 2007 meeting, and outside limits for additional
costs associated with creating the Williamson Road Fire Station facility as a LEED
certified building. He also reviewed statistical information.
(For full text, see documentation on file in the City Clerk's Office.)
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708
With regard to payback and the amount of money to be saved long term
on operational costs, he stated that a LEED certified building could be less than
one-half of the cost of a normal building. by reducing the energy and water
consumption in the building; and the City could set an example for the
community by beginning the educational process for in-house staff,
contractors, consultants and the workforce that design buildings for the future
with green buildings. He thought it was possible that a modest sized building
could recover the costs within the first to third year, but believed it would be
within the five - ten year range; and when considering a fire station that would
be used for 50 years or more, the City would realize a cost recovery in terms of
operating costs.
Following inquiries and comments by Members of Council, the City
Manager reminded Council that the building would be a 24-7 operation, which
is different from a typical building, adding that the size of the Williamson Road
Fire Station building is comparable to the Peters Creek Fire Station No.4, and
there might be a way to judge what the typical operating expenses could be for
comparison purposes to see if some benefits may be realized by the City.
Following additional dialogue, it was the consensus of the Council to
support the recommendation of the City staff to proceed with the design of the
Williamson Fire Station building in order to achieve the LEED certification.
At 5: 15 p.m., the Mayor declared the meeting in recess for closed
session.
At 7:00 p.m., the Council meeting reconvened in the City Council
Chamber, with Vice-Mayor Trinkle presiding.
PRESENT: Council Members Gwendolyn W. Mason, Brian J. Wishneff,
Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Vice-Mayor
Davi dB. Tri n k I e_____nn_n_nnnnnnnnn__nn_nnnn_nn___nnn_nnnnnn_n_nnnnnnn--6.
ABSENT: Mayor C. Nelson Harris------------nm-nnn____mnnnn_________m_mnn 1 .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M.
Moon, City Clerk.
709
The invocation was delivered by Council Member Alfred T. Dowe, Jr.
I
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Trinkle.
PUBLIC HEARINGS:
ZONING-HOUSING/AUTHORITY: Pursuant to Resolution 25523 adopted
by the Council on Monday, April 6, 1981, the City Clerk having re-advertised a
public hearing for Tuesday, February 20, 2007, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the Roanoke
Redevelopment and Housing Authority that a tract of land located at 1641
Salem Avenue, S. W., be rezoned from RM-2, Residential Mixed Density District,
to MXPUD, Mixed Use Planned Unit Development District, the matter was again
before the body. (The matter was tabled by the Council on Tuesday, January 16,
2007.)
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2, 2007, and on Friday, February 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
I
The Planning Commission submitted a written report recommending
approval to rezone the subject property to MXPUD, Mixed Use Planned Unit
Development District, and advised that if the property was rezoned, Roanoke
Redevelopment and Housing Authority could redevelop a large parcel from an
obsolete housing community to a neighborhood that would better serve its
residents and the surrounding area.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37687-022007) AN ORDINANCE to amend 936.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, to rezone certain property
within the City; and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book, No. 71, page 173.)
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710
Council Member Dowe moved the adoption of Ordinance No. 37687-
022007. The motion was seconded by Council Member Lea.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the rezoning.
Christie Wills, 415 Willowoak Drive, S. W., appeared before the Council in
support of the rezoning.
There being no other citizens wishing to be heard, the Vice-Mayor
declared the public hearing closed.
There being no questions or comments by the Council Members,
Ordinance No. 37687-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Lea and Vice-Mayor
T r ink I e 00 nnnn 00__0.00_00 -- _nn_Un -- noon 00000.0._ 00 -000000- __ 0000000000 __ - __ 00 nnnn -00-00 noon - - nu_ 5 .
NAYS: Non e 00-- 000000000000 __0.__ 00000000 00 n_ -00-0000 _00000._ 00 00 - - noon-noon noon --0000 00 0000-0 .
(Mayor Harris was absent.) (Since he was an associate of a consulting firm that
had been named in a State Audit investigation, Council Member Fitzpatrick
abstained from voting.)
STREETS AND ALLEYS-HOUSING AUTHORITY: Pursuant to Resolution
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having
re-advertised a public hearing for Tuesday, February 20, 2007, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the Roanoke
Redevelopment and Housing Authority that portions of 17th Street, 18th Street,
Salem Avenue and all of Westview Avenue, S. W., be permanently vacated,
discontinued and closed, the matter was before the body. (The matter was
tabled by Council on Tuesday, January 16, 2007.)
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2,2007, and on Friday, February 9,2007.
(See publisher's affidavit on file in the City Clerk's Office.)
711
The Planning Commission submitted a written report recommending
approval of the petitioner's request to vacate, discontinue and close the subject
portions of rights-of-way, subject to the conditions as set forth below:
I
. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
. Upon meeting all other conditions to the granting of the application,
the applicant shall deliver a certified copy of this ordinance for
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
indexing the same in the name of the petitioner, and the names of any
other parties in interest who may so request, as Grantees. The
applicant shall pay such fees and charges as are required by the Clerk
to effect such recordation.
. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
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. If the above conditions have not been met within a period of two years
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being
necessary.
The Planning Commission further recommended that the petitioner not
be charged for the value of the rights-of-way to be vacated, since a comparable
amount of the right-of-way would be improved and dedicated to the City if the
request was approved.
(For full text, see report on file in the City Clerk's Office.)
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712
Council Member Mason offered the following ordinance:
(#37688-022007) AN ORDINANCE permanently vacating, discontinuing
and closing portions of certain streets and certain public rights-of-way in the
City of Roanoke, as more particularly described hereinafter.
(For full text of ordinance, see Ordinance Book No. 71, page 174.)
Council Member Mason moved the adoption of Ordinance No. 37688-
022007. The motion was seconded by Council Member Dowe.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the street closings. There being none, he declared the
public hearing closed.
There being no questions or comments by the Council Members,
Ordinance No. 37688-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Lea and Vice-Mayor
T ri n k I e -n___nnnnnnnnnn___nn_n_n__nn__nnnnnnnnnn_nnn______nn__000000000000000000- 5.
NAYS: Non e 0.___00_ 00 0000 00 -00- 00 nnn__ 00 - - - 0. no. __ ----noon 00000000-- -0000--- - _0.0._ 00000000 -000 .
(Mayor Harris was absent.) (Since he was an associate of a consulting firm that
had been named in a State Audit Investigation, Council Member Fitzpatrick
abstained from voting.)
BONDS/BOND ISSUES-BUDGET-PARKING FACILITIES: Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing for
Tuesday, February 20, 2007, at 7:00 p.m., or as soon thereafter as the matter
may be heard, with regard to a proposal of the City of Roanoke to adopt a
resolution authorizing the City to contract a debt and to issue general
obligation public improvement bonds of the City, in the prinCipal amount of
$2.6 million, for public parking facilities, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, February 6, 2007 and Tuesday, February 13, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
713
Council Member Dowe offered the following resolution:
(#37689-022007) A RESOLUTION authorizing the issuance of 2.6 million,
principal amount of general obligations of the City of Roanoke, Virginia, in the
form of General Obligation Public Improvement Bonds of such City, for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement, and equipping of various
public parking facilities of and for such City; fixing the form, denomination and
certain other details of such bonds; providing for the sale of such bonds;
authorizing the preparation of a Preliminary Official Statement and an Official
Statement relating to such bonds and the distribution thereof and the execution
of a certificate relating to such official statement; authorizing the execution and
delivery of a continuing disclosure certificate relating to such bonds;
authorizing and providing for the issuance and sale of a like principal amount
of General Obligation Public Improvement Bond Anticipation Notes in
anticipation of the issuance and sale of such bonds; delegating to the City
Manager and the Director of Finance certain powers with respect to the sale and
determination for the details of such bonds and notes; and otherwise providing
with respect to the issuance sale and delivery of such bonds and notes.
(For full text of resolution, see Resolution Book No. 71, page 177.)
Council Member Dowe moved the adoption of Resolution No. 37689-
022207. The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who wished to
speak in connection with regard to the issuance of the bonds. There being
none, he declared the public hearing closed.
There being no questions or comments by the Council Members,
Resolution No. 37689-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vi ce-M ayo r T ri n kl em_mnnnmmmnnnmmmnmnm_________mnmoom_m_moooooooom_6.
NAYS: Non e 00000000 00 00 -00-0000-00- 00 __ _0.0.__0.0.0. 0. 0.0.0. __ _n_oon 00 00 n_ _noon_noon 00 00 - - - - - O.
(Mayor Harris was absent.)
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Council Member Dowe offered the following budget ordinance:
(#37690-022007) AN ORDINANCE to appropriate funding to be provided
by the Series 2008 Bonds to the Campbell Avenue Parking Garage, amending
and reordaining certain sections of the 2006-2007 Parking Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 191.)
Council Member Dowe moved the adoption of Ordinance No. 37690-
022207. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r Tri n kl e-nnoonnoooonn_n_n_____nnu__nnnoon__nn__oo_nnoooo____nn____n_-0.0.0.6.
NAYS: Non e ___0._ 0.0.0. - - 000000 00 0000000000 -00 000000-00_ _nnU_ 00 nnoon 0000- __0000 00 00 00000000 -00 0 .
(Mayor Harris was absent.)
Council Member Dowe offered the following ordinance:
(#37691-022007) AN ORDINANCE authorizing the proper City officials to
execute a Comprehensive Agreement, pursuant to the Public Private Education
Facilities and InfrastruGture Act of 2002 between the City of Roanoke and
Donley's LLC that provides for Donley's to do the complete design and
construction of a new City parking garage in the 300 block of Campbell Avenue,
S. W.; approving the terms of such Agreement; authorizing the City Manager to
implement, administer, and enforce such Agreement; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 192.)
Council Member Dowe moved the adoption of Ordinance No. 37691-
022007. The motion was seconded by Council Member Fitzpatrick.
Council Member Wishneff expressed appreciation to the City
Administration and City Attorney for compiling a thorough document, and
noted that by having a contract with a guaranteed maximum price was an
ethical and moral way of conducting business when spending City funds, and
by doing so, the General Contractor takes the risk, not the City.
715
There being no further questions or comments by Members of the
Council, Ordinance No. 37691-022007 was adopted by the following vote:
I
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vi ce- Mayo r T ri n kl e ___noooooonn_nnn_n_____n_nnn_u_n_n__nnnnnnn_nn______n____------006.
NAYS: No n e____n_nnn___u___n_oon__nn___nn___n_oon__n___nnnnoo__noo_n_0.0.__0000_0.
(Mayor Harris was absent.)
CITY CODE: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Tuesday, February 20,2007, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on a request of the City Planning
Commission to amend Table 668-1, Types and Numbers of On-Premises Signs
Permitted by zoning districts, Section 36.2-668, types and number of on-
premises signs, Zoning, Code of the City of Roanoke (1979), as amended, to
disallow electronic readerboard signs in the CG, Commercial-General District,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2, 2007 and Friday, February 9, 2007.
I
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the requested amendment to disallow electronic readerboard signs
in the CG, Commercial-General District.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
"AN ORDINANCE amending and reordaining. Table 668-1, Tvoes and
Number of On-Premises Siqns Permitted bv Zoninq Districts, 936.2-668, Tvoes
and number of on-oremises siqns, Division 6, Siqns, Article 6, Develooment
Standards, Chapter 36.2, Zoninq, Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance."
Council Member Dowe moved the adoption of the ordinance. The motion
was seconded by Council Member Fitzpatrick.
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R. Brian Townsend, Agent, City Planning Commission, provided
background information with regard to the initiation of the proposed
amendment which was by motion of the City Planning Commission at its
meeting held on November 16, 2006.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the proposed amendment.
Beth Doughty, President, Roanoke Valley Chamber of Commerce,
appeared before the Council in opposition of the proposed amendment,
advising that electronic readerboard signs have a proven ability to effectively
convey messages to a large number of consumers while requiring less
maintenance and less space than conventional changeable copy signs or
billboards; and if prohibited, not only would manufacturers of such signs
suffer, but the full potential of electronic readerboards and services they
provide would never be realized by the City. She pointed out that the City's
Comprehensive Plan states that it is the policy of Roanoke City to pursue an
aggressive strategy that develops and attracts business by allowing the use of
electronic readerboards in Roanoke City, whereby City government furthers that
commitment to economic development. Ms. Doherty pointed out that if the
City is truly open for business, local government should promote, not restrain
the efforts of the business community to meet the needs and desires of the
people. On behalf of the Chamber of Commerce, she urged the Council to
follow a progressive approach to economic development and to continue to
allow the use of electronic readerboard signs throughout the CG, Commercial-
General District.
Chris Craft, 1501 East Gate, N.E., appeared before Council in opposition
of the proposed amendment as recommended by the City Planning
Commission.
Kevin Booker, representative of Commonwealth Sign Company, appeared
before Council in opposition of the proposed amendment since it was a result
of an isolated incident involving a readerboard sign located on Franklin Road
that was excessive, glaring, and overwhelming. He inquired as to whether or
not the issue could be resolved by contacting the business to discuss the
matter since the City already has specific parameters governing the use of
electronic readerboard signs.
There being no other citizens wishing to be heard, the Vice-Mayor
declared the public hearing closed.
717
Council Member Dowe inquired as to how quickly content and
illumination of the readerboards could be adjusted as well as City-owned signs
such as the Civic Center Marquee; whereupon, Mr. Booker responded that the
readerboards were computer based, and could be changed remotely. Council
Member Fitzpatrick noted that a company who controlled a very bright
readerboard had been contacted regarding its illumination, and it was changed,
not once, but twice when the first adjustment was not enough. He also added
that the City should have regulations regarding intensity for readerboards.
I
For clarification purposes, the City Attorney advised that the ordinance
could either be denied or approved, adding that a substitute motion could be
offered to refer the matter back to the Planning Commission for further study.
Following discussion, Council Member Fitzpatrick offered a substitute
motion to withdraw the current motion adopt a measure to disallow the use of
electronic reader-board signs in the CG, Commercial General District, and refer
the proposed amendment back to the City Planning Commission and City staff
for further study. The motion was seconded by Council Member Wishneff and
adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r T ri n kl e_u__mmnm___nuhmn__nnnm_n__nm_mnnnnmnhn___nn____m_n6. I
NAYS: No n e ______nnnnn_n_nn__nn__u___nnnnnnn__nu____nn_nnh_nnn_nn-----0.
(Mayor Harris was absent.)
CITY CODE-SUBDIVISIONS: Pursuant to Resolution 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a publiC
hearing for Monday, February 20, 2007, at 7:00 p.m., or as soon as the matter
may be heard, on a request of the City Planning Commission to repeal
Chapter 31, Subdivisions, Code of the City of Roanoke (1979), as amended, and
to adopt a new subdivision ordinance for the City of Roanoke, Chapter 31.1,
Subdivisions, Code of the City of Roanoke (1979), as amended, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2, 2007 and Friday, February 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
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The Planning Commission submitted a written report recommending that
the Council repeal Chapter 31 and adopt a new Chapter 31.1, of the Code of
the City of Roanoke (1979), as amended, noting that the proposed subdivision
ordinance is consistent with and will further the intent of Vision 2001-2020, the
City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37692-022007) AN ORDINANCE amending and reordaining the Code of
the City of Roanoke (1979), as amended, by repealing Chapter 31, Subdivisions,
consisting of 9931-1 through 31-124, and enacting Chapter 31.1, Subdivisions,
consisting of 9931.1-100 through 31.1-604, and accompanying Appendices A
and B, such Chapter 31.1, Subdivisions, being a comprehensive revision of the
subdivision regulations of the City; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 194.)
Council Member Dowe moved the adoption of Ordinance No. 37692-
022007. The motion was seconded by Council Member Mason.
R. Brian Townsend, Agent, City Planning Commission, shared background
information with regard to the Subdivision Ordinance, noting that the
Ordinance had been amended five times since its adoption in 1956, which
consisted of minor and technical changes; and a draft of the proposed
Subdivision Ordinance was made available, publicly, in October 2006.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the proposed City Code revision.
Melody Williams, Executive Vice-President, Roanoke Regional Home
Builders Association, appeared before the Council in support of the proposed
ordinance, advising that the non-profit trade association has a membership of
420 firms that represent more than 16,000 area individuals, which are a part of
the progressive building industry encouraging research and development of
new materials and home financing.
719
There being no other citizens wishing to be heard, the Vice-Mayor
declared the public hearing closed.
I
There being no questions or comments by Members of Council,
Ordinance No. 37692-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r T ri n kl en_nn__n____un__nu_____nnnnunn_nnn_n___nnnnnnnnnnuun__n--6.
NAYS: None_m__mm____unnnmnnnmmunmmnnnnnmnnnnnnnn__mm___O.
(Mayor Harris was absent.)
STREETS AND ALLEYS: Pursuant to Resolution 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 20,2007, at 7:00 p.m., or as soon as the matter
may be heard, on request of the City of Roanoke on the request of the City of
Roanoke that a portion of Madison Avenue, N. E., said right-of-way currently
being used as an access to the Roanoke Civic Center parking lot; and a portion
of Courtland Avenue, N. E., located at the corner of Orange Avenue, N. W., and
Williamson Road, N. E., said portion of Courtland Avenue currently being used
as a parking lot for the Roanoke Civic Center, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2, 2007 and Friday, February 9, 2007; and the
Roanoke Tribune on Thursday, February 8, 2007.
I
(See publishers' affidavits on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
that City Council approve the requested closure with the stipulation that ten
street trees be planted on the section of Courtland Avenue requested to be
vacated, subject to the conditions as set forth below and that the petitioner not
be charged for said portions of right-of-way:
. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress. I
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720
. The applicant shall plant 10 street trees on the section of Courtland
Avenue to be vacated.
. Upon meeting all other conditions to the granting of the application,
the applicant shall deliver a certified copy of this ordinance for
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
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. The applicant
shall pay such fees and charges as are required by the Clerk to effect
such recordation.
. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being
necessary.
(For full text, see report from City Planning Commission on file in the City
Clerk's Office.)
Council Member Dowe offered the following ordinance:
(#37693-022007) AN ORDINANCE permanently vacating, discontinuing
and closing portions of certain public rights-of-way in the City of Roanoke, as
more particularly described hereinafter; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 246.)
Council Member Dowe moved the adoption of Ordinance No. 37693-
022007. The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No. 37693-022007 was adopted by the following vote:
721
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r T ri n kl e_nn_oooo_nnn_n_nn___nnh__noooon_nn_hnnn_n____nnnnn__nnn__----6.
NAYS: Non enn__noon___n____nn_n__nn___hnnnu____noon__n__n___noooonh_0.0.___00_0.
I
(Mayor Harris was absent.)
STREETS AND ALLEYS: Pursuant to Resolution 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 20, 2007, at 7:00 p.m., or as soon as the matter
may be heard, on request of the City of Roanoke that a portion of an alleyway
running parallel with Salem Avenue, S. W., and adjacent to the Southern
boundary of parcels bearing Official Tax Nos. 1010809, 1010810 and
1010811, the matter was before the body.
Legal advertisement of the public hearing was published in the Roanoke
Times on Friday, February 2, 2007 and Friday, February 9, 2007; and the
Roanoke Tribune on Thursday, February 8, 2007.
(See publishers' affidavits on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending
approval of the requested closure, subject to the conditions set forth below,
and that the petitioner not be charged for said portion of right-of-way:
I
. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress. Said plat
shall decide two separate portions of right-of-way to the City of
Roanoke for purposes of public ingress and egress as illustrated on
plat submitted with this petition, prepared by Lumsden Associates,
P. c., and dated January 15, 2007.
. Upon meeting all other conditions to the granting of the application,
the applicant shall deliver a certified copy of this ordinance for
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
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. The applicant
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722
shall pay such fees and charges as are required by the Clerk to effect
such recordation.
. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
(
. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being
necessary.
(For full text, see report from City Planning Commission on file in the City
Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37694-022007) AN ORDINANCE permanently vacating, discontinuing,
and closing a portion of a certain public right-of-way in the City of Roanoke, as
more particularly described hereinafter; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 249.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7694-
022007. The motion was seconded by Council Member Dowe.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
There being no questions or comments by the Members of Council,
Ordinance No.3 7694-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r T ri n kl e_onn____mnnmmn__mnn__nnnnnnnnn___nun____u__________nnn__--6.
NAYS: No n ennn__nnnnnn_n_nn___nnnnnnn___nnnnn_nnn_nn_n___un_n____000.
(Mayor Harris was absent.)
723
STREETS AND ALLEYS: Pursuant to Resolution 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 20, 2007, at 7:00 p.m., or as soon as the matter
may be heard, on request, on request of the City of Roanoke that the following
street sections be closed by barricade: (1) an approximately 1,800-foot long
portion of Piedmont Street, S. E., extending in a northeasterly direction from its
intersection with Hamilton Terrace, S. E., to its intersection with Riverview
Boulevard, S. E.; and (2) Riverview Boulevard, S. E., running in a northeasterly
direction from Piedmont Street, S. E., to Willow Street, S. E., for approximately
2,500 feet, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2, 2007 and Friday, February 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending
approval of the closures by barricade, subject to the conditions as set forth
below:
. The applicant shall construct to all applicable City standards and
improved alley providing access to Official Tax Map Nos. 4030606
through 4030608, 4031401 through 4031407, and 4040708 through
4040717 in substantial conformity with the concept plan titled
"Roanoke River Flood Reduction Project Illustrative Plan 1, Illustrative
Plan 2 and Illustrative Sections" by LMW P. c., dated January 8, 2007.
The alley replacing Piedmont Street, S. E., shall be a minimum width of
ten feet. Both alleys shall be paved with asphalt and shall be located
in a dedicated right-of-way.
. The applicant shall install landscaping in substantial conformity with
the concept plan titled "Roanoke River Flood Reduction Project
Illustrative Plan 1 and Illustrative Plan 2 and Illustrative Sections" by
LMW, P. c., dated January 8, 2007. Small deciduous trees and
evergreen shrubs must be a minimum of five feet at the time of
planting, evergreen shrubs must be a minimum of 24 inches at the
time of planting and large deciduous trees must be a minimum caliper
of two inches at the time of planting.
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. The applicant shall install removable bollards to allow Appalachian
Power Company, Roanoke Gas Company, Verizon, Western Virginia
Water Authority, and emergency vehicles, vehicular access to their
facilities.
(For full text, see report from City Planning Commission on file in the City
Clerk's Office.)
Council Member Mason offered the following ordinance:
(#37695-022007) AN ORDINANCE authorizing the alteration and closing
by barricade of certain public rights-of-way in the City of Roanoke, Virginia, as
more particularly described hereinafter; and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 71, page 251.)
Council Member Mason moved the adoption of Ordinance No. 37695-
022007. The motion was seconded by Council Member Fitzpatrick.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Thomas Summer, 1261 Hamilton Terrace, appeared before the Council to
express his concern about the closure of Piedmont Street, and questioned
whether there would be a replacement street or alley to accommodate the
residents on Hamilton Terrace to have access to the rear of their properties. He
also requested that adequate funding be made available to cover the project.
Philip Schirmer, City Engineer, explained that the street closure was part
of the Roanoke River Flood Reduction Project that is fully funded, and will be
paved and maintained by the public.
There being no other citizens wishing to be heard, the Vice-Mayor
declared the public hearing closed.
725
There being no questions or comments by the Members of Council,
Ordinance No. 37695-022007 was adopted the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
Vice- Mayo r T ri n k I e_n____nnnnnnnnn_n__nn__nn___n___nnnnn_nnnnnnnnnhhnnn_-6.
NAYS: No n eoonnnn__nnnnn_nn__n__nnnn____nnnnnn_nn_n_nnnnnnnn_nnuO.
(Mayor Harris was absent.)
ARMORY/STADIUM-SCHOOLS: Pursuant to instructions by the Council,
the City Clerk having advertised a public hearing for Tuesday, February 20,
2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City of Roanoke to amend Proffer NO.2 contained in the Third
Amended Petition filed February 10, 2006, presently binding upon Patrick
Henry High School located at 2102 Grandin Road, S. W., designated as Official
Tax No. 1460101, by the adoption of Ordinance No. 37303-020606, on
February 6, 2006, by deleting such Proffer No.2 and substituting in its stead
the following revised proffered condition to apply to the subject property: (2)
The school sports facility will be developed in substantial conformity with the
Stadium Plan prepared by Rife & Wood Architects, dated January 18, 2007, and
the Stadium Sections dated December 1, 2006, copies of which are attached to
the application for Amendment of Proffered Conditions, Amended Application
No.1, as Exhibits Six and Seven, respectively; and such amended proffer
modifies the structural composition of the northern fac;:ade of the stadium
section by reducing the size of the fac;:ade, lowers the height of the grandstand
and reflects additional landscaping and trees, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 2,2007 and Friday, February 9,2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission submitted a written report recommending
approval of the First Amended application to amend Proffered Condition No.2
as adopted by City Council pursuant to Ordinance. No. 37303-020606,
identified as Official Tax No. 1460101, revising the 50-Yard Line Section Plan of
the Patrick Henry High School Sports 'stadium and setting forth additional
evergreen plantings on the Stadium Plan.
(For full text, see report from City Planning Commission on file in the City
Clerk's Office.)
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726
Council Member Fitzpatrick offered the following ordinance:
(#37696-022007) AN ORDINANCE to amend 936.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, by amending a condition
presently binding upon certain property conditionally zoned INPUD,
Institutional Planned Unit Development District; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance; see Ordinance Book No. 71, page 253.)
Council Member Fitzpatrick moved the adoption of Ordinance No.3 7696-
022007. The motion was seconded by Council Member Mason.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing.
Chris Craft, 1501 East Gate, N. E., appeared before the Council and
inquired about the number of restrooms to be available on the stadium site;
whereupon, Mr. Rife acknowledged that there would be four toilet areas on the
site.
There being no other Citizens wishing to be heard, the Vice-Mayor
declared the public hearing closed.
Council Member Lea inquired about the type of turf that is being
considered for the Patrick Henry High School Stadium; whereupon, Mr. Rife
responded that ProGrass and Field Turf were the top two bids, both of which
are composed of monofilament type fibers, and the ProGrass proposal was
$50,000.00 less than the Field Turf.
Council Member Lea also inquired as to whether or not the fan overflow
issue had been addressed; whereupon Mr. Rife explained that the zoning
proffer limits seating to 3,000 spectators, however, fan overflow would
overflow onto the embankments on the sides of the Stadium, noting that any
additional amendments to the proffer to adjust the seating capacity or to sell
more than 3,000 tickets to spectators would need to be requested by the City.
R. Brian Townsend, Agent, City Planning Commission, remarked that the
fundamental issue with seating is the amount of available parking on-site, and
unfortunately, if more than 3,000 seats are occupied, a problem would exist
due to the lack of parking in the area because permit parking has been
assigned to Brandon Avenue to help address the overflow.
727
Council Member Lea commented that coaches have inquired about the
availability of facilities for practices and playing games, and asked if the current
gyms at Patrick Henry could be salvaged; whereupon, Mr. Rife advised that both
gyms at the high school are scheduled to be demolished: the auxiliary gym
must be removed to accommodate the stadium, and the main gym must be
removed to create parking, or it would cut into the stadium parking and violate
the zoning requirements. He added that if the gyms were made available,
various renovations would be necessary.
Vice-Mayor Trinkle interjected that the Roanoke City School Board
considered salvaging the existing gyms, but for a variety of reasons decided
against it. He inquired about the change in the bench length; whereupon, Mr.
Rife advised that due to financial issues revealed based on the Building Code,
the bench length was changed from 21 inches, per spectator, to 18 inches, per
spectator, and the benches would be aluminum with no arm rests.
Vice-Mayor Trinkle further inquired about the concession areas and
fencing; whereupon, Mr. Rife indicated that concessions would be located on
both sides of the stadium and change in the grading around the stadium would
help to eliminate the proposed retaining wall and reduce the height of the
fencing and trees that will surround the stadium, which would be less
oppressive to the people living on Brandon Avenue.
There being no further questions or comments by the Members of
Council, Ordinance No. 37696-022007, was adopted by the following vote:
AYES: Council Members Mason, Dowe, Fitzpatrick, Lea and Vice-Mayor
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NAYS: Council Member Wishneff_nn_mnnnmnnnn__mnnmmmmnmoom_l.
(Mayor Harris was absent.)
CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, February 20, 2007, at
7:00 p.m., or as soon as the matter may be heard, with the regard to a lease of
approximately 20.4 acres +/- of City-owned property identified as Official Tax
No. 108(9)4 located in the unused portion of the City-owned property in .
Botetourt County adjacent to the Coyner Springs cemetery to Ned Jeter to be
used for agricultural purposes for an initial term of one year, subject to four
additional one year term renewals upon initial agreement of the parties, the
matter was before the body.
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Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written communication requesting
authorization to execute a lease agreement with Ned Jeter for approximately
20.4 acres +/- of land in Botetourt County, for an initial period of one year,
subject to four additional renewals of one-year terms, upon mutual agreement
of the parties, beginning March 1, 2007 and expiring February 29, 2008,
subject to approval as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37697-022007) AN ORDINANCE authorizing the lease of an
approximately 20.4 acres, more or less, of City-owned property, being Botetourt
County Official Tax No. 108(9)4, located in the unused portion of the City
owned property in Botetourt County adjacent to the Coyner Springs cemetery,
for agricultural purposes, for a term of one year beginning March 1, 2007, and
expiring February 29, 2008, with four mutually agreed upon one year renewal
options under the same terms, at an annual rental of $10.00 per acre per year;
authorizing the appropriate City officials to execute a lease agreement
therefore; and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 71, page 255.)
Council Member Fitzpatrick moved the adoption of Ordinance No. 37697-
022007. The motion was seconded by Council Member Dowe.
The Vice-Mayor inquired if there were persons present who would like to
speak in connection with the public hearing. There being none, he declared the
public hearing closed.
Vice-Mayor Trinkle asked about the maintenance along the perimeter of
the cemetery; whereupon, the City Manager explained that a fence would be
required to separate the leased portion from the cemetery area, adding that the
request encompassed more of an expansion of the leased property for the
same purpose, at the same cost.
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There being no further questions or comments by the Members of
Council, Ordinance No. 37697-022007 was adopted by the following vote:
AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and
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NAYS: Non ennn______nnnnnnnn_nnnnn___n_nn____nn_nn_n_n____n__nnn00-0.0.0.
(Mayor Harris was absent.)
. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
City Council sets this time as a priority for citizens to be heard. Matters
requiring referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
The following individuals appeared before Council:
IMMIGRATION: Richard Y. Valdivieso, 130 Loudon Ridge Road, Boones
Mill, appeared before the Council with regard to immigration and sanctuary.
(Copy of prepared statement on file in the City Clerk's Office.)
SCHOOLS-BUDGET: Robert Craig, 701 12th Street, S.W., appeared before
Council with regard to funding issues and imbalances relating to the way
business is handled between the City the Roanoke Public School system.
SCHOOLS: Chris Craft, 1501 East Gate, N. E., appeared before Council to
express concerns regarding deteriorating sidewalks and parking lot at Lincoln
Terrace Elementary School.
SCHOOLS-BUDGET: Paul Scott, 1906 Maiden Lane, S. W., appeared'b~fore
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Council with regard to inadequate funding for the. 'Roanoke Public Schools ~
system. ,.
SCHOOLS-BUDGET: Dawn Rees-Blakeman, President, Roanoke Education
Association, appeared before the Council to address the importance of
changing the funding formula for the Roanoke City Public Schools.
(Copy of prepared statement on file in the City Clerk's Office.)
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At 8:50 p.m., the Vice-Mayor declared the Council meeting in recess for
continuation of a Closed Session.
At 9:05 p.m., the Council meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, with the exception of
Mayor Harris, Vice-Mayor Trinkle presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Council
Member Mason moved that each Member of City Council certify to the best of
his or her knowledge that: (J) 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 Mason, Wishneff, Dowe, Fitzpatrick, Lea and
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NAYS: Non enn__n_hu_nnnnn___n__n_n_nnnnn_nn__n_nn_nnnnnn_n_nnnnn-0.
I (Mayor Harris was absent.)
There being no further business, the Vice-Mayor declared the Council
meeting adjourned at 9:05 p.m.
APPROVED
ATTEST:
A~m. m~
Stephanie M. Moonl
City Clerk
t, LUw~~
c. Nelson Harris
Mayor
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