HomeMy WebLinkAboutMins 11-05-07 -12/17/07
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ROANOKE CITY COUNCIL-REGULAR SESSION
November 5, 2007
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 5, 2007, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal
Building, 21 5 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 Meetings, Code of the City of.
Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207
adopted by the Council on Monday, July 2, 2007.
PRESENT: Council Members Sherman P. Lea (arrived late), Gwendolyn W.
Mason, David B. Trinkle, Brian J. Wishneff, Beverly T. Fitzpatrick, Jr., and
Mayo r C. N e I so n H arri Sn---_n__________nu_________n_n_n_______________________nn__------u------6.
ABSENT: Council Member Alfred T. Dowe, Jr. ----n--------n-___n_____n___nn----1 .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon,
City Clerk; and Sheila N. Hartman, 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.
(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 Fitzpatrick and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Fitzpatrick and Mayor
H a rri s --- - u_ _n - - - -- n_ - -- U u__ - ---- ---- ---- -- n - -- __n -- -- -- -- ____u -- __ ____ __ _ n __ n - n - ____n __ __ __ __ __n _n - 5 .
NAYS: Non e n___n_____n_________________________n_n_n__________-'__________n--------------n---O.
(Council Member Lea was not present when the vote was recorded.) (Council
Member Dowe was absent.)
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CITY COUNCIL: A communication from the City Manager requesting that I
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(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 Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Mason, Trinkle, Wishneff, Fitzpatrick and Mayor
H arri s --- -- --- - - - n n -- - - -- - - - n n -- - - -- -- -- n_ - - - - - - n - ---- - - - - - - - - - - __n_ - _ __ n_ _ _ _ n _ -_ __ __ n n - - -- - ____n - -- - - 5 .
NAYS: Non enn---------n--____________n______________________n_________nn____------n---------O.
(Council Member Lea was not present when the vote was recorded.) (Council
Member Dowe was absent.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING I
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS. TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL.
NONE.
The Mayor recognized William H. Carder, newly-elected President of
Downtown Roanoke, Inc.
BRIEFINGS:
Architectural Review Board Guidelines
Christopher L. Chittum, Planning Administrator, presented b'ackground
information relative to the proposed changes to the Architectural Review Board
Guidelines. He stated that Frederick Gussler, City Planner, and Erica Taylor,
Agent to the Architectural Review Board, would brief the Council on the H-1 and
H-2 Historic Districts guidelines.
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Mr. Gussler summarized the project and provided an update on the
design guidelines of the H-1 and H-2 Historic Districts, which was made
possible by a $20,000.00 grant from the Virginia Department of Historic
Resources through the Certified Local Government Program. He pointed out
that Thomason and Associates, consultants from Nashville, Tennessee, were
hired by the City, and three public meetings were held to receive citizen input
on the project.
He stated that pictures contained in the guidelines had been updated;
and a section was added to the H-2 guidelines. He further stated that the State
legislation grants the Board the authority to regulate every structure within the
district by the same standards and the Board treats every building in the district
as historic. He added that the guidelines have been enhanced to clearly guide
applicants through the process from start to finish. He pointed out that several
items have been omitted from the administrative approval list; corner lots have
been clarified in the guidelines; a section on store fronts has been added, as
well as discussion about energy efficiencies to windows and doors to enhance
understanding in terms of preserving old windows and doors; and definitions
have been improved and appendices have been created, which will be placed in
the final document.
In conclusion, Mr. Gussler explained that information relative to the H-2
Historic District Guidelines were available, however, information regarding the
H-1 Historic District was typically handed out in Chapters, but now both
documents are available in a PDF format and are accessible on the City's
webpage.
(See documents regarding H-1 and H-2 Historic District Guidelines and
appendices on file in the City Clerk's Office.)
Ms. Taylor advised that the Architectural Review Board plans to update
the policies, procedures and guidelines in March 2008, adding that the
procedures and applications would be available online and the Board
encourages applicants to contact City staff prior to commencing work so that
they will have some understanding regarding the policies and procedures.
At this point, Council Member Lea entered the meeting (9: 1 5 a.m.)
Discussion:
Council Member Wishneff asked if homeowners understood that there is
a State Historic Credit for residential buildings; whereupon, Ms. Taylor replied
in the affirmative, noting that additional information will be available to educate
the public about rehabilitation tax credits.
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Council Member Wishneff. inquired about height restrictions in the I
downtown district; whereupon, Mr. Gussler advised that the downtown district
does not have any height restrictions; however, the Board has the authority to
impose a height restriction if the proposed building or addition was out of
character. As noted at a previous Council meeting, Council Member Wishneff
expressed concern that some of the residents in H-2 Historic District areas were
able to make home improvements, and questioned whether consideration of
the value of the home versus the amount of the improvement warranted a
different approach. Ms. Taylor replied that the Architectural Review Board
could only govern architectural matters, not monetary, adding that concerns
expressed regarding the use of modern substitute materials were whether the
materials were tried and true.
Mr. Gussler interjected that comments received at the public meetings
were regarding the issue of weighing ,the cost and the material that the Board
requires, noting that the Board has researched its authority. He indicated that
the City of Fredericksburg has an ordinance that contains an economic hardship
provision, which states that if the improvements that the Board is requiring
exceed a certain percentage of the assessed value of the property, then the
regulations are reduced and allows the property owner more flexibility. He
added that the City Attorney was reviewing the ordinance, but it is not certain
whether the provision can be included, noting that consultants have advised I
that localities that have economic hardship provisions very rarely use them, and
most of the problems relating to the economics of the district are when
applicants have omitted the initial process, proceeded forward with the
unauthorized work, and thereafter, have appeared before the Board only to be
advised that additional costs have been incurred to undo the repairs.
R. Brian Townsend, Assistant City Manager for Community Development,
pointed out that the City of Lynchburg awards CDBG grant funds to certain
groups. Mr. Gussler was of the opinion that the City of Fredericksburg had the
best resolution to the problem. Council Member Wishneff was in favor of some
sort of economic consideration, and therefore, requested that additional
information regarding the process and policy of Fredericksburg be forwarded to
the Council for review.
Vice-Mayor Trinkle stated that awareness is increasing and the City's
Legislative initiatives may help increase efforts. He noted that replacement
windows were a big issue as well as a good cause; and energy efficiency is of
great significance in the historic districts. He suggested that a database of
contractors who can and are willing to tackle fairly difficult tasks be compiled;
and that prior discussions with the Planning Department take place to preclude I
problems and any economic blocks.
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Council Member Mason asked how the LEED principles with the
restrictions could be used, and could an applicant receive tax credits as
previously discussed or a tax credit from the State, along with being
environmentally efficient. Ms. Burcham replied that there could be multiple
incentives or abatements based upon what was being done to the home,
however, the owner must still meet the individual thresholds on each in order
to qualify.
Mr. Townsend stated that the Architectural Review Board guidelines apply
only to the exterior of a structure, and in the terms of the Board's approval, the
balance would be to try to find materials and a design that would give the LEED
benefit for the energy efficiency, while continuing to meet the guidelines for the
historical district. \
Mr. Gussler interjected that it would be difficult to get green incentives
on existing structures, whether the buildings were built in 1990 or 1920.
Council Member Fitzpatrick agreed that the City should review the
Fredericksburg example, however, the City still needed to discuss the issue of
replacement of windows. He commended City staff on a thorough and
comprehensive document, stating that it was the City's' job to ensure that
residents living in a structure or moving into a structure in the historic districts
understand the significance of the neighborhood, whether it be the H-1 or H-2
districts.
The City Manager commented that the draft guidelines would be placed
on Council's agenda for action at a future meeting.
Homeless Activity in Roanoke
Jane Conlin, Director, Human Services/Social Services, Ms. Conlin advised
that the citizens of Roanoke ask about the apparently homeless persons who
appear to congregate in Roanoke's downtown: the market district, the parks
and the Library; people ask how many homeless people there are in Roanoke,
where they come from, where they stay, and what services are available to
them; the City does not always have definitive answers to all of the questions;
the actual numbers of homeless individuals is difficult, if not impossible to
calculate. The .definition of homelessness varies by the data source and by the
funding source, and most homeless calculations do not take into account
persons who are "doubling up", that is those individuals staying with relatives
or friends and mayor may not include those living in transitional or domestic
violence housing or shelters, or those who do not meet the Federal definition of
chronically homeless.
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It was further advised that in Roanoke during the week of January 21 - I
25, 2007, data was collected regarding the adult individuals staying in local
homeless shelters, transitional programs, jails, other facilities and those who
were unsheltered; counts also include persons in the Roanoke County jail and
Firebase Hope, a program specifically for veterans and located in Salem, as well
as Safe Home Systems, a domestic violence shelter located in Covington; all of
the shelters agreed to assist in the count (complete list on page 6 of the
Roanoke Valley Alleghany Regional Advisory Council Winter Shelter Survey
Report January 2007); and unsheltered persons were counted by the Homeless
Assistance Team (HAT), and the City's Street Outreach Program; in addition,
persons were surveyed to obtain more detailed information about their
situations.
It was stated that the nightly count for the Thursday of that week was
566 adults and children (under age 18) experiencing homelessness; and of the
493 adults, 333 adults agreed to complete the detailed survey. The following
findings were highlighted:
20 year trend shows an increase of 363% in nightly averages
collected by the Point In Time (PIT) survey. In January 1987, the
survey counted 122 persons versus the 566 persons counted in
January 2007. Of the 566 counted in 2007, 64% were male and 36%
female. 55% identified themselves as Caucasian and 35.4%
identified themselves as African-American, 33.6% had children with
them. 20% were veterans.
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In January 2007, when asked how long they had been homeless,
over half (57.6%) indicated that they had been homeless for six
months or less. 44.1 % indicated that they had never been
homeless before. 72.7% indicated that they have lived in the
Roanoke Valley for longer than six months.
Of the 566 in the 2007 survey, 47.17% were housed at the Rescue
Mission followed by 12.01% at RAM and 10.78% at Red Shield
Lodge. 28 persons or 4.95% were housed in the Turning Point, the
domestic violence shelter in Roanoke. The types of shelters
available in Roanoke include overnight shelters: Rescue Mission
and Red Shield Lodge; Transitional Shelters: TRUST, TAP-TLC,
Interfaith Hospitality Network, YWCA; Domestic Violence Shelter:
Turning Point; Substance Abuse Programs for the Homeless:
Shenandoah Recovery Center, Rescue Mission; and a Day Shelter:
Roanoke Area Ministries (RAM).
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53% of the survey respondents indicated that they became
homeless while living in Roanoke. Ot'the remainder, 62 came from
other Virginia localities and 30 came from other states. The
locality in Virginia most often identified as the last place of
residence other than the City of Roanoke was the City of Lynchburg
with ten persons, City of Danville was next with eight, Franklin
County with six; City of Martinsville with five; and City of Salem
with four. Other states were North Carolina with seven,
Pennsylvania with three and Wisconsin with three.
Over 1/3 of respondents have a high school diploma or more.
23% are working full-time and 16% said they are employed part-
time. Homeless persons use a variety of transportation methods.
7.2% report having their own cars, 69% report walking, 23% have
family or friends who will transport them, 46% use Valley Metro,
and 7.8% report using other methods.
44% reported that they are actively looking for work.
Of those employed nearly 20% report that their hourly wage is
between $6.00 and $8.50 per hour. Other sources of income are
Food Stamps, Social Security Supplemental Income (SSI), relatives or
friends, Social Security Disability, Temporary Assistance to Needy
Families (TANF), and panhandling.
While 29% of the respondents report that they are currently
receiving mental health services, 41.1 % indicate that they have
received mental health services in the past. 46% have received
alcohol abuse treatment at some point. 45.6% say they have
received drug abuse treatment. While a majority indicates that they
have seen a doctor within the last three months, very few have seen
a dentist or eye doctor within the last 12 months. The emergency
room and the Rescue Mission clinic are the two primary sources of
medical care for homeless persons. 54% have prescription
medications.
26.4% of those surveyed indicated that they are homeless because
they were unable to pay for housing (rent or mortgage). Another
11.7% say that family problems contributed to their homelessness
and 8.4% state that domestic violence is the reason for their
homelessness. .48% report that now that they are homeless finding
affordable hOUSing is a major barrier for them along with inability
to find work (37.2%), with various medical, disability and substance
abuse issues being significant barriers as well.
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Ms. Conlin explained that in reviewing the statistics, it is revealed that the I
people are poor, in ill health and have histories of substance abuse and mental
health problems; a fair number of families with minor children, and families and
individuals who are not new to the Roanoke Valley, but who are new to
homelessness; and better access to job training and medical care as well as to
affordable housing seems indicated.
She pointed out that a point in time survey provides important, but
limited information about the homeless population; funds were secured from
HUD with City matching funds to develop a Homeless Management Information
System, which is up and running in Roanoke, that will assist with tracking
homeless individuals as they access services through the network of service
providers; this will help identify users of multiple services and the services most
critical to said population, important information for planning purposes; and at
this time, most of the service providers are using the system; however, only
consistent and universal use will enhance the utility of the data.
Ms. Conlin shared the results of the Roanoke Valley Alleghany Regional
Advisory Council Winter Shelter Survey Report January 2007 prepared by
Council of Community Services, which data provides pictures of Roanoke's
homeless population at a particular point in time; the pictures, taken as a
whole, are an album of the real men, women and children who because of
societal pressures such as unemployment, lack of housing, substance use,
family instability, acute and chronic health and mental problems find
themselves homeless and in need of shelter; and homelessness statistics are
not only numbers, they are people dealing with survival issues such as access
to food, shelter, physical safety and economic stability.
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It was further noted that the report summarizes information about the
homeless collected in January 2007; the data collectively viewed are indicators
of the condition of homelessness and are used by the Advisory Council to
inform its recommendation to the Blue Ridge Continuum of Care, as required by
the United States Department of Housing and Urban Development (HUD); and
point in time, data clarify an understanding of the extent of homelessness and
the people who suffer its consequences on a daily basis.
(For full text, see the Roanoke Valley Alleghany Regional Advisory Council on
Homelessness Winter Shelter Survey Report January 2007 and 2007 Point in
Time Survey Highlights on file in the City Clerk's Office.)
In conclusion, Ms. Conlin distributed copies of a 10 Year Plan to End
Homelessness entitled, "A Place to Call Home: A Plan to End Homelessness."
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(See document on file in the City Clerk's Office.)
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For clarification purposes, Ms. Conlin advised that Roanoke Area
Ministries has the only day shelter and serves about 65 people per day; and
there are no sleeping accommodations, however, lunch is provided daily. She
emphasized that additional day shelters were needed, and part of their plan to
address homelessness is to look at developing more day shelters. She added
that the Trust House is considering offering a day shelter inasmuch as they will
be relocating in the vicinity of the RAM House.
Ms. Conlin further advised that the Roanoke Valley Alleghany Regional
Advisory Council on Homelessness is currently being administered by the
Regional Commission, which had originally been the City of Roanoke Regional
Task Force, realized that homelessness was not just a City problem, but a
regional problem, the decision was made by the Regional Commission to
assume the responsibilities.
The City Manager commented that RAM offers assistance with counseling
services and employment, and she added that the RAM House has facilities for
said individuals to do their laundry, shower, relax, read, 'as well as other
activities throughout the day.
Council Member Lea expressed concern about the major challenges to
find affordable housing and work for the homeless, and the number of
homeless with medical and substance abuse problems. He inquired as to the
type of actions taken regionally to address the issue; whereupon, Ms. Conlin
advised that the only day shelter is located in the City, a Domestic Violence
Shelter located in Covington and a small transitional house in Richmond. She
indicated that the surrounding localities are of the opinion that there is not a
homeless problem, and therefore, are reluctant to offer or provide any
resources.
Council Member Mason suggested that the City send correspondence to
local organizations that assist the homeless to solicit ideas for solutions to
provide additional. shelters for the homeless citizens in the City. Several
Members of Council expressed their support for contacting these organizations
for assistance in resolving the problem.
Council Member Fitzpatrick expressed concern that too many localities
were encouraging its homeless to relocate to the City of Roanoke since the City
offers better services, and based on the abovementioned statement, he
suggested that the City focus on its own homeless residents. He also requested
that City staff compile information pertaining to services to the homeless
offered by other localities for comparison purposes.
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Following further discussion, the City Manager was instructed to meet
with the City's major service providers for homeless people to mutually develop
an appropriate response to address concerns expressed by the Council
regarding the homeless situation in the City of Roanoke.
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In conclusion, Mayor Harris commented that valid points had been made,
and that he would follow up with the City Manager regarding some of the
suggestions offered by the Council.
Downtown Districts (1997 Outlook Roanoke Plan)
The City Manager advised that a recent interest was expressed from
downtown property owners to consider the elements of the 1997 Outlook Plan;
which specifically included creating districts downtown. She explained that the
following briefing was to explain the concepts of the 1997 plan and see what
interest exists on the subject. She introduced Christopher L. Chittum, Planning
Administrator.
Mr. Chittum highlighted the following information:
Downtown Districts
Five- Point strategy:
. Be part of the regional economy
. Diversify the market Downtown housing
. Tie into surrounding neighborhoods
. Revitalize close-in neighborhoods
. Define City Places
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Strategy
Define city places through distinct character development and comprehensive
identity system, streetscapes, way-finding and destination signage, improved
public parking and new traffic patterns that help integrate, rater than isolate,
the various destination points within the overall downtown area.
Key Initiative
Defining city places such that they each have a distinct character or image that
generates positive associations and their desirability as an "address" for both
residential and business purposes.
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Six Districts
. Market District
. Rail District
· Financial District
· Courthouse District
· Warehouse district
. Uptown
Rail District: a new city place
· Build on the image and history of the region's rail heritage
· Centered on Shenandoah and Norfolk Avenues from Fifth Street to
Williamson Road
· Norfolk Southern yard and shops are strong visual and physical elements
that create a very real and present sense of Winston Link's Steam, Steel
and Stars
· Railside Linear Park; Warehouse Row, Transportation Museum; Adaptive
reuse of GOB North and South, Henry Street
Rail District Initiatives
· Salem Mews Housing (Warehouse Rowand site of Roanoke Times)
· Expansion of Railside Linear Park
· New Lighting and Streetscapes
· Reuse Passenger Terminal as Visitors Center
· Higher Education Center
· Transportation museum Campus
· Possible Extension of Norfolk Avenue
· GOB South as residential development
Initiatives for Market District
· New sidewalks with a granite aggregate surface and granite curbs on
Market Street
· Relocation. of Designated Farmers' spaces from the east side of Wall
Street to face Campbell Avenue and reorientation of the parking on Wall
Street
· Resurfacing of Market Street with brick or Belgium Block Pavers
· Development of a "Winter Market" on the ground floor of the Century
Garage on Church Avenue
· Installation of bicycle racks along Market Street
Mr. Chittum advised that the 1997 Outlook Plan was ten years old and
what was recommended for the downtown area was to look at the market for
the area and the housing tying into the surrounding neighborhood.
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He further explained that the final recommendation for downtown was
the following districts:
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. Market District
· Rail District
. Financial District is (southern part of downtown)
. Courthouse District
. Warehouse District
. Uptown District
The City Manager advised that the 1997 Outlook Plan was updated in
2001 taking into account the activities and changes proposed by the Council;
the 2001 updated plan made no reference to the creation of downtown
districts; and in the timeframe of 1997 to 2001, no further identification had
taken place to specify district designations. She noted that if the Council was
interested in moving forward with the idea, consideration should be given to
starting over, not necessarily with the titles as indicated in 1997, inasmuch as
several things have taken place since 1997, and said items should be taken into
account.
Vice-Mayor Trinkle advised that he was in favor of revisiting the issue and
creating a process that would involve DRI and the community. He explained that I
several Council members are interested in special incentives, as well as artists
in cultural organizations, in creating an area that could become an art district,
which could encourage artist to live and work in the area. He supported public
input as to what the districts could possibly become.
Council Member Fitzpatrick indicated that the districts should have
multiple purposes which would be a great way to open the door not just to
nonresidents, but to people seeking to invest in Roanoke; and noted that the
idea had great potential, but needed to be better defined. He also suggested
that the City needed to celebrate its achievements and revisit some of the
districts that might not have been well defined or embedded in the community.
Mayor Harris emphasized that he was not in support of abolishing the
Roanoke Outlook Plan, but he was in agreement that some district titles needed
to be revisited and/or renamed. He also was in support of moving forward with
the creation of new districts.
Following discussion of the matter, the City Manager stated that since
Council was in agreement, public input would be sought and DRI would be a
key element.
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NAMING POLICY
Jim Grigsby gave background information regarding the City's Naming
Policy, advising that the current policy indicates that the changing of a street
name or City park must be submitted to the City Planning Commission for
review. He added that research also revealed that the current policy did not
allow for the naming rights of a facility for income; however, the revised policy
would provide an opportunity for a major sponsorship of a facility for a
specified period of time.
He pointed out that the recommended policy includes parks, streets,
buildings, and the opportunity to commercialize special buildings, such as the
Civic Center, and changes the decision-making from the Planning Commission
to the Council.
The City Manager asked that the Council contact staff with questions
and/or comments by November 30, in order to allow for further discussion
prior to December 31.
Following discussion, Mayor Harris advised that the Council would take
action on the Naming Policy at a future Council meeting.
At 10:55 a.m., the Council meeting was declared in recess in order to
convene a meeting of the Legislative Committee at 11 :00 a.m., in Room 159, to
discuss revised proposals of City items to be included in the 2008 Legislative
Program.
At 11:40 a.m., the Council meeting was reconvened and immediately
recessed for closed meetings to be held in Room 159.
At 12:15 p.m., the Council meeting was reconvened in Room 159, with
Mayor Harris presiding and all Members of the Council in attendance, with the
exception of Council Member Dowe, for a joint meeting with the City Planning
Commission to receive a report on the progress made in implementing the
2001/2020 Comprehensive Master Plan and City neighborhood plans.
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COUNCIL MEMBERS PRESENT: Beverly T. Fitzpatrick, Jr., Sherman P. Lea I
(arrived late), Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff and
Mayo r C. N e I so n H arri s ----------------------------------------------------------------------------------6.
COUNCIL MEMBERS ABSENT: Alfred T. Dowe, Jr.------------------------------------1 .
CITY PLANNING COMMISSION MEMBERS PRESENT: Robert B. Manetta,
Angela Penn, Paula L. Prince, Richard A. Rife, Fredrick M. Williams and Chairman
Hen ry Sch 0 I z-------------------------------------------------------------------------------------------------7.
CITY PLANNING COMMISSION MEMBERS ABSENT: D. Kent Chrisman------ O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon,
City Clerk, and Sheila N. Hartman, Deputy City Clerk.
OTHERS PRESENT: Thomas Carr, III, Director, Planning, Building and
Development; Martha P. Franklin, Secretary, City Planning Commission;
Christopher L. Chittum, Agent, City Planning Commission, and Ian Shaw, Senior
Planner.
COUNCIL-COMMUNITY PLANNING-NEIGHBORHOOD PLANS: Mr. Shaw
highlighted the following regarding the 2007 ComprehenSive and
Neighborhood Plan Implementation Report Updates:
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Discussion:
Ms. Burcham commented that the challenge for the City is to educate the
general public on the future planning of the City as well as the implementation
of a lot of the plans that have already been before both the Planning
Commission and City Council.
In reference to the item regarding a link to Carvins Cove as another
recreational amenity, Vice-Mayor Trinkle suggested that the City seek out an
outfit or company (similar to the Sharebike organization) that could assist with
providing resources from a recreational standpoint.
At this point, Council Member Wishneff left the meeting (12:25 p.m.).
Chairman Scholz mentioned that the terms of office of Richard Rife and
Robert Manetta as members of the City Planning Commission would expire in
2008, noting specifically that Mr. Rife's architecture background has been
invaluable to the Commission. He urged the Council, during its interviewing
process, to aspire to appoint someone with the technical knowledge. Mayor
Harris suggested that the Commission encourage potential qualified individuals
to apply for the upcoming vacancies at the appropriate time, indicating that the
two vacancies would be advertised within 60 days prior to the expiration of the
terms of office.
At this point, Council Member Mason left the meeting (12:35 p.m.).
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Chairman Scholz commented that during a previous work session, City
staff briefed the Commission on changes regarding traffic studies pertaining to
rezonings and redevelopment projects within the Virginia Department of
Transportation (VDOT) controlled rights-of-way; and he encouraged the City to
evaluate its legislative package to assist VDOT in its endeavors.
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Mr. Rife pointed out that there were a limited number of entities in the
Roanoke Valley that can perform traffic studies, i.e.: certain engineers from
Hayes, Seay, Mattern & Mattern performed the traffic study for the Patrick Henry
High School project on their own time to assist the School system. He
commented that it will be difficult for firms to meet the requirements, as well as
the review time will be greatly extended out. He concluded that the City's
Traffic Engineering staff performs the same function as VDOT, but quicker.
Following discussion of the traffic studies, Mayor Harris suggested that the
matter be referred to the City Manager and City Attorney.
The City Manager asked for clarification as to whether the City was being
asked to act on the matter or have a broader involvement, noting that in recent
months, it has been determined that it is much easier to do business in the City
than in other communities.
After further in-depth discussion, it was suggested that the City be
exempted from the VDOT survey.
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Mr. Townsend commented on the proposed regulations established by
VDOT.
Commissioner Williams stated that there were two separate issues
discussed, one was that cities and counties were always approving rezonings or
land use proposals which impacts the traffic on the roads, and VDOT makes
road widening or road building decisions which have huge impacts on a
locality's land use decisions. He added that VDOT has the authority to review
land use and development proposals, but cities and counties do not have
corresponding authority to refuse VDOT regarding their roadway proposals.
Council Member Wishneff inquired whether or not VDOT had veto power;
whereupon, Mr. Townsend replied that VDOT does not have any veto power,
adding that the biggest issue is the amount of time involved with the
development and review process for rezonings, site plans, subdivisions, etc.
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I
Relative to projects where the City was the applicant/petitioner for
improvements, Chairman Scholz urged the City to be more considerate of what
is being forwarded to the Planning Commission for consideration, adding that
the City needed to strive to adhere to the Comprehensive Plan. Following
further discussion of the matter, Mr. Williams indicated that public building
projects should be models for private developers.
Comments were made about efforts to "green" the City and environment,
the urban forestry concept - a 50-year program, the effects of trees on
stormwater management and noise levels, moderation of heating and cooling,
impact on infrastructures and economic development, and reestablishment of
the street/car lines in Roanoke's development patterns.
In conclusion, Chairman Scholz advised that the Planning Commission
would be holding joint meetings with the Roanoke County staff twice yearly and
would be having open dialogue regarding development issues of mutual
interest.
There being I no further business, Chairman Scholz declared the City
Planning Commission meeting adjourned at 1 :05 p.m.
I
There being no. further business, Mayor Harris declared. the Council
meeting in recess at 1 :05 p.m., for continuation of closed sessions in Room
159.
At 1 :30 p.m., the Council meeting was reconvened with Mayor Harris
presiding and all Members of the Council in attendance, with the exception of
Council Members Dowe, Mason and Wishneff.
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 Lea, Trinkle, Fitzpatrick and Mayor Harris---------4.
NAYS: Non e--n--u------------------_____________n________n____________~_____n___~-----------n-O.
I (Council Members Dowe, Mason and Wishneff were absent.)
20
COMMITTEES-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor
. advised that there is a vacancy on the Roanoke Neighborhood Advocates
created by the expiration of the term of office of Maureen P. Castern ending
June 30, 2010; whereupon, he opened the floor for nominations.
I
Council Member Dowe placed the name of Alyssa D. Peters in nomination.
There being no further nominations, Ms. Peters was appointed by the
following vote:
FOR MS. PETERS: Council Members Lea, Trinkle, Fitzpatrick and Mayor
Harris------------------------------------------------------------------------------------------------------------4.
(Council Members Dowe, Mason and Wishneff were absent.)
COMMITTEES-ZONING: The Mayor advised that there will be an upcoming ,
vacancy on the Board of Zoning Appeals on December 31, 2007, due to the
ineligibility of Benjamin S. Motley to serve another term of office; whereupon,
he opened the floor for nominations.
The name of Drew H. Kepley was placed in nomination.
There being no further nominations, Mr. Kepley was appointed as a I
member of the Board of Zoning Appeals for a three year term of office
commencing on January 1, 2008 and ending December 31, 2010, by the
. following vote:
FOR MR. KEPLEY: Council Members Lea, Trinkle, Fitzpatrick and Mayor
Harris------------------------------------------------------------------------------------------------------------4.
(Council Members Dowe, Mason and Wishneff were absent.)
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: The Mayor advised
of the expiration of the term of office of Vincent C. Dabney as a City
representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a
term ending December 31, 2007; whereupon, the Mayor opened the floor for
nominations.
The name of Vincent C. Dabney was placed in nomination.
There being no further nominations, Mr. Dabney was reappointed as a
City representative to the Blue Ridge Behavioral Healthcare, Board of Directors,
for a term ending December 31, 2010, by the following vote:
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FOR MR. DABNEY: Council Members Lea, Trinkle, Fitzpatrick and Mayor
~arris------------------------------------------------------------------------------------------------------------Lt.
(Council Members Dowe, Mason and Wishneff were absent.)
At 1: 5 5 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 2:00 p.m., in the Council Chamber.
At 2:00 p.m., the Council Meeting reconvened in the City Council
Chamber, Room Lt50, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Mayor C. Nelson ~arris presiding.
PRESENT: Council Members Sherman P. Lea, David B. Trinkle, Brian J.
Wishneff, Beverly T. Fitzpatrick, Jr., and Mayor C. Nelson ~arris-m----m-mnm-n5.
ABSENT: Council Members Alfred T. Dowe, J and Gwendolyn W.
Mas 0 n - n - - -- - - - - u_ n n - -- - - - - - n_ - - --- - - - __ __ n --- -- n __ __ nn_ - __ - - __ - - - _u U - -_ -- - n___ -- n --- ---- - -- -- -- --- - 2 .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
~ackworth, City Attorney; Jesse A. ~all, Director of Finance; and Stephanie M.
Moon, 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 C. Nelson ~arris.
PRESENTATIONS AND ACKNOWLEDGMENTS: 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 meeting of Council held on Monday,
August 6, 2007, were before the body.
(See Minutes on file in the City Clerk's Office.)
22
Council Member Fitzpatrick moved that Council dispense with the reading I
of the minutes and approve as recorded. The motion was seconded by Council
Member Lea and adopted by the following vote:
AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and
Mayo r H arri s------------n----------------------------___n______________n___________n---------------------- 5.
NAYS: Non e __________n_____________n__________n_______________________________________-----------0.
(Council members Dowe and Mason were absent.)
-
CITY COUNCIL-AUDIT COMMITTEE: Minutes of the Audit Committee held
on Monday, June 4, 2007, were before the body.
(See Audit Committee minutes on file in the City Clerk's Office.)
Council Member Fitzpatrick moved that minutes of the Audit Commit~ee
be received and filed. The motion was seconded by Council Member Lea and
adopted by the following vote:
AYES: Council Members Lea, Trinkle, Wish neff, Fitzpatrick and
Mayo r H arri s ------------------------------------- -------------- n_____________________________________________ 5 .
NAYS: Non e ______________n____n______________________________________________________-------------0.
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(Council members Dowe and Mason were absent.)
CITY MARKET: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, November 19, 2007, at 7:00
p.m., or as soon thereafter as the matter may be heard, with regard to the
request of Sharebike, LLC, to lease 472 square feet of space in the City Market
Building located at 32 Market Square, was before the body.
(See communication on file in the City Clerk's Office.)
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 Lea, Trinkle, Wishneff, Fitzpatrick and
Mayo r H arri s _n___n___________________________________________n_____________________------------------------ 5 .
NAYS: Non e u______________________________n___________n______ n----------------------------------O .
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(Council members Dowe and Mason were absent.)
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HOUSING/AUTHORITY (FAIR HOUSING BOARD)-COMMITTEES: A report of
qualification of Elizabeth Stone as a member of the Fair Housing Board for a
term ending March 31, 2010, was before Council.
(See Oath or Affirmation of Office 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 Council Member Lea and
adopted by the following vote:
AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and Mayor
H a r ri s - - -- - -- -- - -- - -- - --- - - - -- - - -- -- ---- -- - - -- - - -- - -- - - - - - - - - --- - -- - - --- -- - -- - - - - - - - -- - - -- -- - -- - - - -- - - -- - - -- -- -- - - 5 .
NAYS: Non e --------__________________________n_________________ ------------ ----------- -------------0.
(Council Members Dowe and Mason were absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
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 ongoing support
and commitment to Virginia Amateur Sports and the Virginia Commonwealth
Games, now officially known as the Coventry Commonwealth Games of Virginia,
which represents the 18th Anniversary of the Commonwealth Games. He shared
a report regarding the economic impact of the Games on the Roanoke Valley
and information on the demographiCS of where the athletes traveled from to
participate in the games. He added that over the past 18 years, approximately
152,000 athletes competed in Virginia Olympics.
Mr. Lampman presented a plaque in appreciation of the support of the
City of Roanoke to the Council, as well as Virginia Commonwealth Games T-
shirts.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
24
ITEMS RECOMMENDED FOR ACTION:
GRANTS-RAIL SERVICE-BUDGET: The City Manager submitted a written
communication recommending appropriation of $267,000.00 in Transportation
Enhancement Grant funds, in connection with the Virginia Railway Passenger
Station renovation project.
I
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following budget ordinance:
(#37942-110507) AN ORDINANCE to appropriate funding from the
Virginia Department of Transportation for the Virginian Railway Passenger
Station Project, amending and reordaining certain sections of the 2007-2008
Capital Projects Fund Appropriations and dispensing with the second reading
by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 33.)
Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 37942-
110507. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
I
AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and Mayor
H arrj s n_n__n__n_n_ ____n_n______nn__n__n_____n__nn_n_n____n____n_ _n_nn____n__________________ 5 .
NAYS:' Non e_nn___nnnnnnn__n_n_n___n_n_nn_n_n____nn_______________------n-------O.
(Council Members Dowe and Mason were absent.)
LIBRARIES: The City Manager submitted a written communication
recommending authorization to execute an amendment to the City's contract
with SFCS, Inc., for additional professional services, in connection with Phase I
of the Library Facilities project.
(For full text, see communication on file. in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37943-110507) A RESOLUTION authorizing the City Manager's
issuance and execution of additional Amendments to the City's contract with
SFCS, Inc., for additional professional services for Phase I of the Library
Facilities Project.
(For full text of resolution, see Resolution Book No. 72, page 34.)
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Vice-Mayor Trinkle moved the adoption of Resolution No. 37943-110507.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and Mayor
H arri s _______________n___________ -------- ---------------------------------------------------- n__________________ 5 .
NAYS: Non e ------ ------ -------- ------------------- -- -----------------------------------n-----------O.
(Council Members Dowe and Mason were absent.)
GRANTS-HOUSING: The City Manager submitted a written communication
recommending authorization to execute the 2007-2008 CDBG Subgrant
Agreement with Blue Ridge Housing Development Corporation to rehabilitate
two homes, in connection with the Market-Rate Officer at Home (MR-OATH)
Prog ram.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37944-110507) A RESOLUTION authorizing the appropriate City
officials to enter into the 2007-2008 Community Development Block Grant
(CDBG) Subgrant Agreement with Blue Ridge Housing Development Corporation,
upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 72, page 35.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37944-110507.
The motion was seconded by Council Member Lea and adopted by the following
vote:
AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and Mayor
H a rri s ----- -- ---- --- --- -- -- - -- -- -- -- -- -- - - -- -- -- -- - -- -- -- - ----- -- -- -- -- - - - - - - -- -- - -- -- - - -- -- -- -- -- - --- -- - - - - - ----- 5 .
NAYS: Non e ---------------------- -----------------------------------------n------------------------O.
(Council Members Dowe and Mason were absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the Financial
Report for the month of September 2007.
26
(For full text, see Financial Report on file in the City Clerk's Office.)
I
The Director of Finance commented that revenues through September
increased 5.9% compared to the prior fiscal year; the majority of the growth
year-to-date is due to timing differences in the collection of revenues; and
categories with significant variances from the prior year.
Without objection by the Council, the Mayor advised that the Financial
Report for the month of September 2007 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
LEGISLATION: Vice-Mayor Trinkle offered the following resolution
requesting the Governor and General Assembly to take action to better regulate
so-called "pay lenders".
(#37945-110507) A RESOLUTION requesting that the Governor and
General Assembly take action to prevent exploitative payday lending practices I
in the Commonwealth of Virginia.
(For full text of resolution, see Resolution Book No. 72, Page 35.)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37945-110507.
The motion was seconded by Council Member Fitzpatrick.
Henry Woodward, Executive Director, Legal Aid Society of Roanoke Valley,
appeared before the Council in support of legislation to prevent exploitative
lending practices in the Commonwealth of Virginia, and he urged the Council to
adopt the proposed resolution. .
(See prepared statement on file in the City Clerk's Office.)
Several Council Members spoke in support of the adoption of Resolution
No. 37945-110507 calling for the General Assembly to pass legislation to
eliminate payday lending institutions in the Commonwealth of Virginia.
There being no additional questions and/or comments by the Council
Members, Resolution No.3 7945-110507 was adopted by the following vote:
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AYES: Council Members Lea, Trinkle, Wishneff, Fitzpatrick and Mayor
~Clrris------------------------------------------------------------------------------------------------------------5.
NAYS: Non e -------- -------------------- ---- ---------------------------------------------------------0.
(Council Members Dowe and Mason were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: 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.
\
NAACP-PAY LENDING: Daniel Hale, President, NAACP, appeared before
the Council and expressed appreciation to the Council on its efforts to
eliminate the pay lending businesses in the City.
COMPLAINTS-HOUSING: Helen Davis, 35 Patton Avenue, N. E., appeared
before the Council concerning the residential structures in the Villages at
Lincoln and the number of ingress or egress doors found in the complex; and
she urged the Council to investigate the matter.
(Response provided by the City Manager in the November 14, 2007 Roanoke
City Council Update as follows: Duplex and single-family homes are only
required by the Virginia Uniform Statewide Building Code (IRC R311.4 and
R31 0.1) to have one exit door providing access to the exterior without traveling
through a garage. There are no qualifiers, such as proximity to the exit or
number of stories, to this single-exit door standard. Although the building
code requires only one exit door for one-and two-family homes, a basement
with habitable space and every sleeping room is required to have an emergency
escape and rescue opening. The size and height of such openings are governed
by the building code, and they are typically provided by windows.)
ACTS OF ACKNOWLEDGEMENT-PAY LENDING: Evelyn Bethel, 35 Patton
Avenue, N. E., appeared before the Council and commented on an informal
briefing of the City Manager that referenced past accomplishments and payday
lending businesses in the City.
28
CITY MANAGER COMMENTS:
I
COMMUNICATIONS: The City Manager announced that the Office of
Communications was recently recognized for its publications by the Public
Relations Society of America, Blue Ridge Chapter, and MarCom Awards, an
international competition, for marketing and communication judged by the
Association of Marketing and Communication Professionals. The following
awards were presented:
Public Relations Society of America
. 2007 Gold Summit Award for Roanoke Citizen (Magazine category)
. 2007 Gold Summit Award for the Municipal Calendar (Print
Publications category)
. 2007 Silver Summit Award for PLAY, a guide to Roanoke Parks and
Recreation (Recreation Catalog category)
. 2007 Silver Summit Award for Mobile Mountain Brochure (Brochure
category)
MarCom
. 2007 Platinum Award for the Annual Report (Annual
Report/Government category)
. 2007 Gold Award for Roanoke Citizen (Magazine/Government I
category)
. Honorable mention for City Corner Employee Newsletter (Employee
Publication/Internal Newsletter category)
. 2007 Gold Award for PLAY, a guide to Roanoke Parks and
Recreation (Direct Mail/Other category)
There being no further business, the Mayor declared the Council meeting
adjourned at 2:45 p.m.
APPROVED
ATTEST:
~rn,~
Stephanie M. Moon
City Clerk
c lMV\.~
c. Nelson Harris
Mayor
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ROANOKE CITY COUNCIL-REGULAR SESSION
November 19, 2007
The Council of the City of Roanoke met in regular session on Monday,
November 19, 2007, at 2:0,0 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 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. 37817-070207 adopted by the Council on Monday, July 2,2007.
PRESENT: Council Member 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-------------------------n---n-----------------n---------6.
c
ABS ENT: Non e _n_____nnnnn___n_nn_____nnn______nnn_________nnn______nn_______n-O .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon,
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 C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor advised that presentation of the
proclamation declaring November 19, 2007 as Roanoke Valley Chess Club Day
had been deferred until the 7:00 p.m. session.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent Agenda, and if
discussion was desired, the item would be removed from the Consent Agenda
and considered separately. He called specific attention to four requests for
closed session.
30
MINUTES: Minutes of the regular meeting of Council held on Monday,
~ August 20, 2007, recessed to Wednesday August 22, 2007, were before the I
body.
(See minutes on file in the City Clerk's Office.)
Council Member Mason 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 Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris------------------------------------------------------------------------------------------------------------6.
NAYS: No n e___nn_n_n______nnn__n_____nnnn___nn_nnn______n_n_n___nnnn---nnO.
(Council Member Wishneff had not arrived when the vote was recorded.)
COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the I
body. .
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
City Manager to convene in Closed Meeting as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris------------------------------------------------------------------------------------------------------------6.
NAYS: No n enn_nnn_nnu___nnn__nn_nnu____nnnnnnnn______n_nnn________-nnO.
(Council Member Wishneff was not present when the vote was recorded.)
COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the
body.
(See communication on file in the City Clerk's Office.)
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Council Member Mason moved that Council concur in the request of the
City Manager to convene in Closed Meeting as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris------------------------------------------------------------------------------------------------------------6.
NAYS: Non e__nn_______nnnn_nnn_nnn_n________________nnn__n_nn_n_nnn___n----0.
(Council Member Wishneff was not present when the vote was recorded.)
COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
City Manager to convene in Closed Meeting as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris------------------------------------------------------------------------------------------------------------6.
NAYS: Non ennn_nnnnnn_nn_n_n_____________________n_nn__n___n_n_nn___-nnnn-O.
(Council Member Wishneff was not present when the vote was recorded.)
COUNCIL: A communication from the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific
legal matter requiring the provision of legal advice by such counsel, pursuant to
Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the
body.
(See communication on file in the City Clerk's Office.)
Council Member Mason moved that Council concur in the request of the
City Attorney to convene in Closed Meeting as above described. The motion was
seconded by Vice-Mayor Trinkle and adopted by the following vote:
32
AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris------------------------------------------------------------------------------------------------------------E>.
NAYS: No n en_____nnnnnnn__nuun__n_nnnnnnnnn__u____n_nnnnnnn____n_nO.
(Council Member Wishneff was not present when the vote was recorded.)
CITY PROPERTY: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, December 3, 2007, at 2:00 p.m.,
or as soon thereafter as the matter may be heard, with regard to conveyance of
City-owned property located at 301 6th Street, S. W., to Interactive Design Group.
(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 Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
HaLrris------------------------------------------------------------------------------------------------------------E>.
NAYS: Non en___nnnnnn__________nn_nnnnn__nn_n_nnnnn______n_nnnn_n_nn-O.
(Council Member Wishneff was not present when the vote was recorded.)
ROANOKE NEIGHBORHOOD ADVOCATES-ZONING-BUILDING CODE: Report
of qualification of the following individuals, were before the Council:
Alyssa D. Peters as a member of the Roanoke Neighborhood
Advocates for a term ending June 30, 2010;
Drew H. Kepley as a member of the Board of Zoning Appeals for a
term ending December 31, 2010; and
Robert P. Wingfield as a member of the Local Board of Building
Code Appeals for a term ending September 31, 2011.
(See Oaths or Affirmations 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:
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AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason and Mayor
Harris---------------------------------------------------------~--------------------------------------------------E>.
NAYS: No n e_____uun____unn_n___ _uunn ______unnn____ _u_n__uu_un _nu__n_nn n-O .
(Council Member Wishneff was not present when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
Western Virqinia Water Authority - Status of water supply in the reqion
Gary Robertson, Co-Director, Western Virginia Water Authority,
commented on a Drought Contingency Plan for the Roanoke Valley. He noted
that the Water Authority, in conjunction with the City of Roanoke and Roanoke
. County, were participating in a regional water supply plan which had been
mandated by the State following the 2002 drought, which involves 13
surrounding localities, with a completion date of approximately 18 months.
Mr. Robertson advised that the Governor had requested that localities
begin looking at conservation as well as updating their drought conservation
plans. He added that the Authority approved its drought plan at its last Board
meeting, which encompassed the City of Roanoke and Roanoke County.
He highlighted the three phases of the Plan:
Phase one would vary between a level of 14 and 20 feet below the
spillway, which would be the normal curve as long as the levels
were above the spillway crest, and if the levels fell below, the Plan
calls for voluntary conservation.
Phase two would be a variance between 18 feet and 25 feet
depending on the season of the year. This would be the mandatory
conservation area.
34
Phase three would be between the levels of 22 and 32 feet. This
would be considered emergency restriction.
I
He compared the drought curves to the 2002 drought as follows:
Mr. Robertson shared graphs depicting a Drought Operation Curves
Carvins Cove Reservoir - Compared to Average Reservoir Level, Drought
Operation Curves Carvins Cove Reservoir - Compared to the 2002 Drought, and
Drought Operation Curves Carvins Cove Reservoir - Compared to the Historical
Record (1987 - 2007)
In connection with the Drought Contingency Plan, he explained that the
declining reservoir levels in the Carvins Cove Reservoir, as indicated in the
drought operation curves, would "trigger" specific water use restrictions based
on the severity of the drought conditions that exist in a particular month of the
year; and the Authority's three stages of water use restrictions were Stage 1:
Voluntary Conservation Action Steps, Stage 2: Mandatory Restrictions Action
Steps; and Stage 3: Emergency Restrictions Action Steps.
(For full text, see copy of documentation on file in the City Clerk's Office.)
In conclusion, Mr. Robertson indicated that if substantial rain is not
received by the first of the year, voluntary conservation may need to be I
implemented, and if no rainfall has been recorded, mandatory conservation will
be implemented in late spring.
At this point, Council Member Wishneff arrived at the meeting
(2:09 p.m.).
Mayor Harris expressed appreciation and commended Mr. Robertson for
the status report on the water supply in the region.
STREETS AND ALLEYS: Briefing with regard to the street closure of a
portion of Wiley Drive was held immediately following the 2:00 p.m. session, in
the Council's Conference Room, Room 451. (See pages 42 - 46)
ITEMS RECOMMENDED FOR ACTION:
CITY CODE AND FEE COMPENDIUM: The City Manager submitted a
written communication recommending amendment of the City Code and Fee
Compendium to remove obsolete fees and granting authority to the City
Manager to administratively review existing fees.
(For full text, see communication on file in the City Clerk's Office.)
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Vice-Mayor Trinkle offered the following ordinance:
(#37946-111907) AN ORDINANCE amending and reordaining Section 20-
81, Same - Fees, of Chapter 20, Motor Vehicles and Traffic, Division 2,
Residential Parkinq Permits, Article IV, Stopping. Standing and Parkinq, 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.72, page 36.)
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37946-111907.
The motion was seconded by Council Member Fitzpatrick.
Council Member Mason requested that prior notification be sent to the
Council with regard to any increases in existing fees.
There being no additional questions and/or comments by the Council
Members, Ordinance No. 37946-111907 was adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayor Harri S_n__n______nnun_______nunn_____n_un________uu_nn_____un_nn_____u_nn 7.
NAYS: Non e __n_ nunn_n_____unnnn___ununnnn______nn__n____n_unuu_______uuO .
Council Member Dowe offered the following ordinance:
(#37947-111907) AN ORDINANCE amending and reordaining Sections 24-
3, 24-4, 24-26, 24-48, 24-90, and 24-97 and repealing Sections 24-8 and 24-9,
of Chapter 24, Public Buildings and Property Generally, 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.72, page 38.)
Council Member Dowe moved the adoption of Ordinance No. 37947-
111907. 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 Su_un_n_______u____nnun_nn________nn_n_n_nuu____________n__nn_nu-u--7 .
NAYS: Non e uuu_nnunnn________u__u___n__nnn__________u__nu_n_n_nn______----n-O.
Council Member Mason offered the following ordinance:
36
(#37948-111907) AN ORDINANCE amending and reordaining Section 30-
9.1, Outdoor dining, of Chapter 30, Streets and Sidewalks, Article I, In General. .1
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. 72, page 43.)
Council Member Mason moved the adoption of Ordinance No. 37948-
111907. 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___m______nnmnm___mmm_____mnmnn_____nnm_n___m_mm_____nm 7 .
NAYS: No n eu__nn_nnn____nnnnn____nn_nn___u___n_n_nnn___nnn__uu_nn00----0.
Council Member Mason offered the following ordinance:
(#37949-111907) AN ORDINANCE amending and reordaining Section 34-
115, Term: renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's
License, Article III, Public Vehicles (Taxicabs and For-Hire Automobiles), of the
Code of the City of Roanoke (1979), as amended; and dispensing with the I
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 72, page 46.)
Council Member Mason moved the adoption of Ordinance No. 37949-
111907. 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 Sn_nn__n____u____nnn_______u______nn_nn_____u_____n__nn____n_n_n_n_nn7 .
NAYS: No n enn_____uu_nn_nn____n_u__nnnnnnnnnu__nnn__n_n______nnnnn00-0.
Council Member Mason offered the following resolution:
(37950-111907) A RESOLUTION repealing certain obsolete fees set out in
the City's Fee Compendium.
(For full text of Resolution, see Resolution Book No.72, page 47.)
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Council Member Mason moved the adoption of Resolution No 37950-
111907. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason,
and Mayor Harrismmmmm__mmmnm____m__m___m________m___nmm_______mm___n__7.
NAYS: Non e_____nn_oo_n______noon_n_n_n___oo_noonn_n_nn____oooo_oonn_noo__-00-00--0.
Council Member Mason offered the following resolution:
(#37951-111907) A RESOLUTION amending Resolution Nos. 30124-
62590, 30526-52091, 36686-051304, 37380-051106, 37043-051005, and
37763-051407, to authorize the City Manager to set certain fees, in lieu of such
fees being set by City Council.
(For full text of Resolution, see Resolution Book No. 72, page 48.)
Council Member Mason moved the adoption of Resolution No. 37951-
111907. 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 Smoo__________mnm_____mmm_mn__mm_mm____mmn_m_m_mm____n 7 .
NAYS: Non e _n____n__n_n___un__noonn_____unnoonnnnnn____________oon_n_noon----O .
ECONOMIC DEVELOPMENT-VALLEY VIEW MALL: The City Manager
submitted a written communication recommending authorization to execute
Amendment No.1 to the performance agreement between the City, Valley View
Mall, LLC, and the Economic Development Authority.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the follOWing ordinance:
(#37952-111907) AN ORDINANCE authorizing the proper City officials to
execute an amendment to a Performance Agreement dated 'June 15, 2006,
among the City of Roanoke (City), the Economic Development Authority of the
City of Roanoke, Virginia (EDA), and Valley View Mall, LLC, (VVM), which
amendment will provide for a certain time extension concerning certain
obligations of VVM under such Performance Agreement; and dispensing with
the second reading by title of this Ordinance.
(For full text of Ordinance, see Ordinance Book No. 72, page 49.)
38
Vice-Mayor Trinkle moved the adoption of Ordinance No. 37952-111907.
The motion was seconded by Council Member Mason and adopted by the
following vote:
I
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason,
and Mayor Harrismnm-mn_________n___mmm_n_n_______mnnnmn__mn___mmn___m___7.
NAYS: Non e_nn____n_n__nnnnnnuu___u__nnnnnnn_n_nu_____nnnnnnnnnu---0.
CITY EMPLOYEES-MILITARY: The City Manager submitted a written
communication recommending authorization to repeal Resolution No. 37921-
100107, adopted October 1, 2007, and adopt a special military pay resolution
that extends the City's policy to certain employees called to active military duty,
retroactive to October 1, 2007.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37953-111907) A RESOLUTION repealing Resolution No. 37921-
100107, adopted October 1, 2007, and retroactively authorizing payment of
supplementary compensation and restoration of certain benefits to certain
employees called to active military duty. I
(For full text of Resolution, see Resolution Book No. 72, page 51)
Vice-Mayor Trinkle moved the adoption of Resolution No. 37953-111907.
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 Mayor Harri S____n_nn_n_n__n_nnnnnnnnnn__n_u_u___u___n__n_nnnnnnnnn0000--7.
NAYS: Non e_nnnnnnn__nnnnun__u_________u__u__n____nnn___nnnnnnnnnnn-O.
REPORTS OF COMMITTEES:
LEGISLATION: Council Member Beverly T. Fitzpatrick, Jr., Chairman,
Legislative Committee, presented the City of Roanoke's 2008 Legislative
Program.
(For full text, see copy of Legislative Program on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
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(#37954-111907) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2008
Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 72, page 52.)
Council Member Dowe moved the adoption of Resolution No. 37954-
111907. The motion was seconded by Council Member Fitzpatrick.
Council Member Lea indicated that although domestic violence was still
being considered a very serious matter, he emphasized that the issue continues
to be a priority with the Council and therefore, the legislators were being asked
for their ongoing support to help fight the problem.
There being no additional questions and/or comments by the Council
Members, Resolution No.3 7954-111907 was adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason,
an d Mayo r H arri Sn_n________n_n_nu______un_nun__nuunnu_n__n_n_____u___u_noonnnnu7 .
NAYS: Non eoooo_oonnn____noon_n_nn_n__n_n_nnnn____n_u_noo_nnnn_____u___-00--0.
ARCHITECTURAL REVIEW BOARD: The Architectural Review Board
submitted a written report requesting endorsement of the H-1 and H-2
Architectural Design Guidelines. (Drafts of the H-1 and H-2 Architectural
Design Guidelines were submitted to the Council for review at its informal
session on Monday, November 5, 2007.)
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37955-111907) A RESOLUTION endorsing Architectural Design
Guidelines for the H-1, Historic Downtown Overlay District, and the H-2,
Neighborhood Design Overlay District.
(For full text of Resolution, see Resolution Book No.72, page 53.)
Council Member Mason moved the adoption of Resolution No. 37955-
111907. The motion was seconded by Vice-Mayor Trinkle and adopted by the
following vote:
40
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason,
and Mayo r H ani S ____nn_______ ------ --------------------- ---------- --------------------- ---- -------------- 7, I
NAYS: Non e_nn_u_u____un_u_nnu_n__nnunu____nnnnu____n__un_nun__nnn---O.
BUDGET-SCHOOLS: The Roanoke City School Board submitted a written
report requesting appropriation of funds to various school program accounts;
and the Director of Finance submitted a written report recommending that
Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following budget ordinance:
(#37956-111907) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments as well as from a donation for various
School grants, amending and reordaining certain sections of the 2007-2008
School Fund Appropriations, and dispensing with the second reading by title of
this ordinance. '
(For full text of Ordinance, see Book No.72, page 54.)
Council Member Fitzpatrick moved the adoption of Budget Ordinance No. I
37956-111907. 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 Harrisn-nn-n-nunu_unn_n_nnnnn___uunn_nnn_n__nunnunn__nunn-u-7.
NAYS: Non e nuuu____n_nnun____un__n_uu n_u_____ ______nn_u_un_nn -- _n_nnnn -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:
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NATIONAL LEAGUE OF CITIES: Council Member Dowe expressed
appreciation for the opportunity to represent the City of Roanoke at the Annual
National League of Cities Conference on November 13-18, 2007, in New
Orleans, Louisiana. He shared information from the 84th Annual Business
Meeting.
(See document 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.
RESCUE MISSION-HUMAN SERVICES: Sharon Mirtaheri, 2236 Laurel Woods
Drive, Salem, Virginia, appeared before the Council in support of the Rescue
Mission with regard to its efforts with the homeless situation in the City of
Roanoke. She referenced a petition with approximately 507 signatures from
Hollins University faculty, staff and students.
In closing, she announced that she founded "Angels with Scissors", an
organization of 43 salons and 1 50 hairstylists. She added that approximately
$16,000.00 was raised in order to construct two salons at the Rescue Mission
buildings, wherein volunteers provide services to those in need. She also
extended an invitation to the Council to visit the Rescue Mission.
(See written comments on file in the City Clerk's Office.)
Council Member Fitzpatrick expressed his disappointment relative to the
opinion of the community that the City Council was not being supportive of the
Rescue Mission in its efforts to provide assistance to the homeless population
in the City of Roanoke. He explained that the City could not govern or use
funds adequately unless said issues were understood and handled
appropriately, adding that the current homeless situation in the City is very
difficult inasmuch as many of the homeless were not residents of the City of
Roanoke.
Following additional comments from Council Member Fitzpatrick and Ms.
Mirtaheri, Mayor Harris accepted the invitation to visit the Rescue Mission.
Robert Gravely, 727 29th Street, N. W., appeared before the Council and
also spoke about homelessness in the City of Roanoke.
42
CITY MANAGER COMMENTS:
I
CARILlON-GRANTS-YOUTH: The City Manager commented on the City
hosting the Governor's housing conference and the groundbreaking ceremony
for the Carilion clinic. She added that Roanoke was chosen as one of five cities
for a National League Cities Youth Activity grant.
At 2:55 p.m., the Mayor declared the meeting in recess for a briefing on
the street closure of a portion of Wiley Drive and a closed session.
STREET CLOSURE - PORTION OF WILEY DRIVE
The City Manager advised that the focus of the briefing is to provide
background information regarding the street closure and barricade of a portion
of Wiley Drive. She noted that a contract had been awarded to the Corps of
Engineers that would provide for continuation of the Flood Reduction Project.
She was delighted that the project was proceeding forward prior to the next
Federal funding cycle, and commented that a significant amount of time and
money had been invested into the purchase of Hannah Court Trailer Park,
stating that all but nine residents have been relocated.
Philip Schirmer, City Engineer, shared background information regarding I
the Flood Reduction Project, which has a 30+ year history. He stated that the
project is one of the largest and most complex projects ever undertaken by the
City; and project features are defined in a General Design Memorandum that
was published in May 1989, and a Local Cooperation Agreement (LCA) defining
the roles of the City of Roanoke and the Department of the Army Corps of
Engineers to implement the Project was executed in June 1990, and remains
valid. He added that City Council authorized the easements for all City-owned
properties needed for the Flood Project on January 22, 2002, which included
not only Wasena Park, but Smith Park, Rivers Edge Park, and Piedmont Park.
Mr. Schirmer stated that several parts of the project have been
completed, i.e.:
Floodproofing Roanoke Memorial Hospital and the Wastewater
Treatment Plant;
IFLOWS System - Early Flood Warning by National Weather Service
which is a series of rain and stream gages located throughout the
Roanoke River Water Shed that monitors the forecast from and on
the Roanoke River;
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Flood control project is a series of bench cuts and levee walls that
decrease flooding by increasing the capacity of the river channel;
the increase in channel width results in flood elevation reductions;
the bench cuts and levee walls are designed to work together as a
system; and removal or modification of the flood control features
has impact outside of the immediate area;
City Comprehensive Plan Vision 2001-2020 supports of the
Roanoke River Flood Reduction Project, and there are a number of
specific policies and actions that support the project; and
Improvements on the Roanoke River began in 2004 and have
progressed from the Wastewater Treatment Plant to Roanoke
Memorial Hospital.
He explained that there has been a substantial investment in the Project --
$64.3 million ($45 million in Federal dollars and $19 million in local funding);
and as of July 2007, approximately $29 million in Federal funds and $12 million
in local funds have been spent on the project. He commented that competition
for Federal funds is challenging, however, with the assistance of the Federal
Congressional Delegation, the City has been successful in keeping the Federal
funds on track, which is not an easy task and one that requires constant
attention inasmuch as there are many projects awaiting funding. He added that
all local funding is in place to support the project; and the project is
approaching 50 percent completion.
Mr. Schirmer explained that the Corps of Engineers has awarded a
contract for the bench cuts in Wasena Park, which also includes recreation trail
and flood levee walls at Reserve Avenue. He also pointed out that the benefits
of the flood reduction project were reduction in flood stage or elevation of one
- three feet for a 100-year storm, which is a storm that has a one percent
chance of reoccurring in any given year; and flood protection to the 30-year
storm, or a storm with a three percent chance of occurring in anyone year.
Furthermore, he noted that the recreational trail - greenway, a five mile
segment of the Roanoke River Greenway, was near completion and the next
contract would allow for completion of the last segment which will be a
continuous trail running from Wasena Park to the Western Water Authority
Sewage Treatment Plant located on 13th Street, S. E.
He stated that there is a great deal of economic development benefit to
be derived from the Biomedical Park on Reserve Avenue, as well as the future
sight of the amphitheater, which creates synergy - redevelopment of riverfront
sites. He further stated that the Flood Reduction Project has been reviewed and
approved by many regulatory and environmental agencies that include the U. S.
44
Department of Fish and Wildlife Service, Virginia Department of Game and
1~land Fisheries, Department of Environmental Quality, Department of I
Conservation and Recreation, Department of Historic Resources and U. S. Army
Corps of ,Engineers.
He explained that the process assessed the impact to riparian
environment, endangered species and approved several project elements to
mitigate the project impact; and the impact of the project will be studied for 10
years following the project's completion. He commented that the portion to be
closed was between the Main Street Bridge (Wasena) and the upper trailhead
parking lot, adding that the closure by barricade was the term applied to a
street closure when the roadway will be removed from public use, however, the
City would retain ownership of the underlying real estate; and a public hearing
is necessary to consider whether the segment of Wiley Drive should be closed.
Mr. Schirmer mentioned that based on other actions taken by previous
Councils, the road cannot remain in its current location and support the
proposed bench cut; and if the current Council is of the opinion that the road
provides a valuable function for the community, then the City will need to
consider what other route it might take to serve the transportation function. He
indicated that the closure is required for implementation of the proposed bench
cuts for which a contract has been awarded by the Corps of Engineers; and I
removal of the roadway removes more than an acre of asphalt and impervious
surface, noting that the road provides no transportation.
He pointed out that certain trees would be impacted by the bench cut
excavation; the City estimates that a maximum of approximately 170 trees
would be removed (any tree larger than four feet caliper); and more than 300
trees will be planted, which will net an increase in the tree canopy at maturity.
With regard to large mature trees, he stated that the City would minimize the
impact whenever possible leaving a buffer area along the river; and the City
estimates about seven large trees on the park side of the road and about 1 5 on
the river side would be removed.
With regard to access to park facilities, the City Engineer advised that two
park shelters, two baseball fields, tennis courts, skate park, basketball court
and walking trail, and the proximity of the park features to all facilities would
not change or would be improved with the exception of one shelter, which
would require about a 580-foot walk compared to 25 feet currently. He also
advised that the entire recreation trail meets the requirements for ADA
accessibility.
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In connection with the low water bridges at Smith Park, Mr. Schirmer
stated that replacement was included in the original plans; however, the Local
Cooperation Agreement noted that the 100 percent local costs had been
reached; and the low water bridges had little effect on flood stage inasmuch as
they are inundated by one - two year storm events. It was further stated that
City staff is working with U. S. Fish and Wildlife Service and the U. S.
Department of Agriculture to obtain grant funding to replace the upper low
water bridge due to its obstruction to navigation and fish passage; and the City
is also working with the Western Virginia Water Authority, U. S. Army Corps of
Engineers, and U. S. Fish and Wildlife Service to remove the "dam" at Wasena.
In response to a question as to whether there was an alternate route due
to the barricade, it was stated that travelers could use either Winchester or
Wynona Avenues. Council Member Lea inquired whether Winchester or Wynona
Avenues would provide the same accessibility to Wasena Park as Wiley Drive;
whereupon, Mr. Schirmer responded in the affirmative, noting that Wiley Drive
is a circular route from within the park and networks to other roads, and
therefore, would provide similar transportation benefits.
In response to Council Member Fitzpatrick's inquiry regarding the effects
of elevation on bench cuts, Mr. Schirmer commented that there was a difference
in elevation, approximately three to four feet from the water level of the river,
and the trees within the basic bench cut area, not along the stream by the river,
would need to be removed in order to allow for exploration by the U. S. Army
Corps of Engineers.
Luke Pugh, Civil Engineer II, referenced a handout depicting the upper
portion of Wasena Park, the trail head that was built, a reforestation of the
landscaping plan that has taken place, noting that the Department of Parks and
Recreation has developed a landscaping plan showing the removal of a portion
of Wiley Drive in order to allow the replanting of trees.
Council Member Fitzpatrick inquired as to the number of parking spaces.
that will remain after the street is closed; whereupon, it was advised that the
trail accommodates about 33, with unofficial parking in the form of a gravel lot,
which would provide a combined total of approximately 70 parking spaces.
Council Member Mason asked about the Environmental Education Center
and its location, the vehicular traffic on Wiley Drive, and if the Greenway would
be rerouted; whereupon, it was stated that vehicles would be able to turn
around in the street instead of turning around under the bridge, and a new lot
would be created that would be designated for handicap parking, and an ADA
accessible route would be available between,the parking spaces.
46
Following additional questions and/comments by the Council, the Mayor I
expressed appreciation to Mr. Schirmer and Mr. Pugh for an informative
briefing.
At 3:40 p.m., the Mayor declared the Council meeting in recess for closed
session. Due to the lateness of the hour, the request of the City Manager that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was withdrawn.
Council Member Lea left the meeting following the closed session
(5:00 p.m.).
At 5:05 p.m., the Council meeting reconvened in the Council Chamber,
with Mayor Harris presiding, all Members of the Council in attendance, with the
exception of Council Member Lea.
COUNCIL: With respect to the Closed Session just concluded, Mayor
Harris moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) I
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 Trinkle, Wishneff, Dowe, Fitzpatrick, Mason, and
Mayo r H arri S.-n-n-u-u uuUu____nn_n____oon____ __Uuun______nnoooo_ n____uuU___nnn_____uu 7 .
NAYS: Non euu_n____oooonn_n___nnoo_____u_u___n__nnn_n_nn_oo________nn--n---oo--O.
(Council Member Lea was absent.)
At 5:05 p.m., the Mayor declared the meeting in recess to be reconvened
at 7:00 p.m., in the City Council Chamber.
At 7:00 p.m., the Council meeting reconvened in the City Council
Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., with Mayor Harris presiding.
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PRESENT: Council Members David B. Trinkle, Brian J. Wishneff (arrived
late), Alfred T. Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P.
Lea, Gwendolyn W. Mason and Mayor C. Nelson Harrisnn-----umn-----m-------mu7.
ABS ENT: Non e 0000-00-- __nnn____ununn___nu_nu______u_nn nn__ u__nu___nnuu____O.
(Council Members Dowe and Wishneff were not present when the vote was
recorded.)
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 C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
FIRE-SCHOOLS: The Mayor recognized the winners of the 3rd Annual Fire
Prevention Week Art Contest.
At this point, Council Members Dowe and Wishneff entered the meeting
(7:06 p.m., and 7:08 p.m., respectively).
PROCLAMATIONS: The Mayor presented Richard Day, President, a
proclamation declaring November 19, 2007 as Roanoke Valley Chess Club.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council of
the City of Roanoke on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 19, 2007, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Susanne D. Helbig to
rezone properties located at 501 and 521 Salem Avenue, S. W., bearing Official
Tax Map Nos. 1111305, 1111307, 1111312, and 1111315, from 1-1, Industrial
District, to D, Downtown District, for the purpose of developing the property for
multifamily dwellings, subject to the following conditions: (1) the maximum
number of units will be 40; (2)a brick and metal fence will be erected around
the surface parking lot at the corner of 5th Street and Norfolk Avenue, S. W., and
(3) that four existing buildings, identified on the Concept Plan dated
September 5, 2007, prepared by Hill Studio, will be retained with the exception
of those portions of Buildings 1 and 2 identified for removal, the matter was.
before the body.
48
Legal advertisement of the public hearing was published in The Roanoke I
Times on Friday, November 2, 2007, and Friday, November 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
that City Council approve the request, subject to certain proffered conditions as
set forth in the Application for Conditional Rezoning - Amended Application
No. 1 filed in the Office of the Department of Planning, Building and
Development on October 19, 2007. It was advised that the Commission finds
the application to rezone the subject properties to be consistent with the City's
Zoning Ordinance, Vision 2201-2020, the Hurt Park/Mountain View/West End
Neighborhood Plan and the Outlook Roanoke Update; and the application
ensures the adaptive reuse of four historic buildings adding to the vitality of
Downtown.
(For full text, see report on file in the City Clerk's Office.)
Council Member Mason offered the following ordinance:
(#37957-111907) AN ORDINANCE to amend 936.2-100, Code of the City
of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, I
Virginia, dated December 5, 2005, as amended, to rezone properties located at
501 and 521 Salem Avenue, S.W., identified by Official Tax Nos. 1111305,
1111307, 1111312, and 1111315, from 1-1, Industrial District, to D, Downtown
District, subject to certain proffers; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Resolution Book No. 72, page 56.)
Council Member Mason moved the adoption of Ordinance No. 37957-
111907. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present who would like to
speak with regard to the rezoning request.
Frank Caldwell, 614 Norfolk Avenue, S. W., appeared before the Council
and expressed concern with regard to the residential use of the property next
to his concrete company and the rail yard.
There being no additional speakers, the Mayor declared the public
hearing closed.
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49
There being no questions and/or comments by the Council Members,
Ordinance No. 37957-111907 was adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason,
an d Mayo r H arri S__nuu_nn____unnun___ununn__uununu_____uu_u_un__nununnn__--7.
NAYS: Non e _n__nun_nu_nnn____ nun_n____nun_nu_____n_n_nn______nu_nn n__u_ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, November 19, 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 permanently vacate, discontinue and close 5,538 square feet of
public right-of-way at the intersection of Patton Avenue and Gainsboro Road,
N. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on November 2, 2007 and Friday, November 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
that the Council approve the request to vacate the subject portion of right-of-
way. It was advised that granting the request would add land to the Gainsboro
Library property while having no impact on the streets or access to them; and
Section 30-14(5), Code of the City of Roanoke (1979), as amended, states the
following standards for street and alley vacation requests: J
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and
if any, what inconvenience Would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved.
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.
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.
50
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.
I
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 such
ordinance shall be null and void with no further action by City
Council being necessary."
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
I
(#37958-111907) 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 Book No. 72, page 57.)
Council Member Dowe moved the adoption of Ordinance No. 37958-
111907. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present who would like to
speak with regard to the street closure'. There being none, the Mayor declared
the public hearing closed.
There being no questions and/or comments by the Council Members,
Ordinance No. 37957-111907 was adopted by the following vote:
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason
and Mayor Harrismnm_mm_____n_mmm__m_mu____mm_mm_muu_______m_mmmm 7.
NAYS: No n eu___n__nn_n_nunnuu_________n_n_nun__nn_u_uuun_n__n_n__n--u--O.
I
51
I
LEASES-CITY PROPERTY-CITY MARKET: Pursuant to instructions by the
Council, the City Clerk having advertised a public hearing for Monday,
November 19, 2007, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on proposal of the City of Roanoke to lease to Sharebike, LLC, 472
square feet of City-owned property located in the City Market Building at 32
Market Square to be used for a bicycle rental business and to hold bicycle
safety classes, for a term of one year, commencing November 19, 2007 and
expiring November 18, 2008, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 9, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending
authorization to execute a lease agreement with Ron McCorkle d/b/a Sharebike,
LLC., for approximately 472 square feet of space, in the City Market Building
located at 32 Market Square for a period of one year, beginning November 20,
2007 and expiring November 19, 2008, subject to form as approved by the City
Attorney.
I (For full text, see report on file in the City Clerk's Office,)
Council Member Mason offered the following ordinance:
(#37959-111907) AN ORDINANCE authorizing the lease of 472 square
feet of space located within City-owned property located in the City Market
Building, for a term of one year beginning November 19, 2007, and extending
through November J 8, 2008; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Resolution Book No. 72, page 60.)
Council Member Mason moved the adoption of Ordinance No. 37959-
111907. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present wishing to speak with
regard to the proposal. There being none, the Mayor declared the public
hearing closed.
I
There being no questions and/or comments by the Council Members,
Ordinance No. 37957-111907 was adopted by the following vote:
52
Bike Rental - Downtown/Shared Bike distributed a brochure pertaining to
the Roanoke Valley Greenways.
(See brochure on file in the City Clerk's Office.)
STREETS AND ALLEYS: Pursuant to Resolution NO.2 5 52 3 adopted by the
Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, November 19, 2007, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a request of the City
of Roanoke to close by barricade and removal of pavement of approximately
1,950 feet of Wiley Drive beginning under the east side of the Main Street
Bridge and ending at the greenway trail head, approximately 130 feet from
Winchester Drive, S. W., in order to allow for benchcut construction as part of
the Roanoke River Flood Reduction project.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 2, 2007, and Friday, November 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 request to close the portion of Wiley Drive, S. W. by barricade.
It was advised that granting the request would further progress on the Roanoke
River Flood Reduction project and would not impact vehicular access to Wasena
Park. It was further advised that Section 30.14(5), Code of the City of Roanoke
(1979), as amended, states the following standards for street and alley vacation
requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any and
if any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following ordinance:
I
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53
(#37960-111907) AN ORDINANCE authorizing the alteration and closing
by barricade and removal of pavement of a certain public right-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.72, page 61.)
Council Member Dowe moved the adoption of the ordinance. The motion
was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who wished to speak
with regard to the closing by barricade.
Dr. M. Rupert Cutler, 204 S. Jefferson Street, appeared before the Council
in support of the street closure of a portion of Wiley Drive, between the east
side of the Main Street Bridge and the greenway trailhead, and he shared
comments regarding the Roanoke River Flood Reduction/Greenway project.
(See copies of prepared statements on file in the City Clerk's Office.)
Duane Howard, 1221 6th Street, S. E., appeared before the Council and
expressed his concern with regard to the street closure by barricade. He also
noted his support of the Flood Reduction and greenway projects; and suggested
the appointment of an ad hoc committee in order to receive input/feedback
with regard to various projects involving the Wasena Park area.
Nancy Hildebrand, 3759 101 Parliament Road, S. W., appeared before the
Council in opposition of the altering and closing of Wiley Drive, S. W. She
voiced concern with regard to the removal of trees that currently line the
roadway and the Roanoke River, and the riparian vegetation.
(See copy of prepared statement on file in the City Clerk's Office.)
Frank Bergmann, 1234 Brookview Road, Roanoke County, appeared
before the Council in opposition of the street closure of a portion of Wiley
Drive. He commented that the removal of Wiley Drive would have a negative
impact on recreation users and experience in Wasena Park.
(See copy of prepared statement on file in the City Clerk's Office.)
Kathy Hill, 509 Arbor Avenue, S. E., appeared before the Council in
support of the street closure of a portion of Wiley Drive; however, she
expressed concern with regard to the removal of the park shelters located in
Wasena Park and available parking for the greenway trails.
54
Roddy Hiduskey, 1023 Wiona Avenue, S. W., appeared before the Council
in support of the street closure of a portion of Wiley Drive. He called attention I
to unsolicited behavior and noted that the closure would help to make the park
a quieter and safer place for citizens to enjoy.
Betty Field, 2802 S. Jefferson Street, appeared before the Council in
opposition of the street closure of a portion of Wiley Drive. She complained
about the number of trees to be replaced along Wiley Drive within the Wasena
Park area.
Elizabeth Vaughn Gearhart, 624 Ferdinand Avenue, S. W., appeared
before the Council in opposition of the street closure of a portion of Wiley
Drive.
Carol Pruner, 5026 Hunting Hill Circle, S. W., Roanoke County, appeared
before the Council in opposition of the street closure of a portion of Wiley Drive
and the removal of trees along Wiley Drive within the park area. She stated that
the closure would cause difficulties for persons with physical disabilities to have
accessibility to the park shelters in Wasena Park.
Kate Berding, 2814 S. Jefferson Street, appeared before the Council in
opposition of the street closure of a portion of Wiley Drive and the removal of I
the trees inasmuch as the canopy of trees provides shade for runners.
Rebecca Riffe, 1125 Floyd Avenue, S. W., appeared before the Council in
support of the canopy of trees and the greenway trail along the Wiley Drive
portion in the park area.
Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council
in opposition of the street closure of a portion of Wiley Drive. She expressed
concern about the removal of the mature trees in Wasena Park which were to be
removed in connection with the Roanoke River Flood Reduction project and
greenway trail in Wasena Park.
(See copies of e-mail and prepared statement on file in the City Clerk's Office.)
Tim Shepherd, 1424 5th Street, S. W., appeared before the Council in
opposition of the street closure of a portion of Wiley Drive. He expressed
concern about the aesthetics in connection with the removal of mature trees in
the park.
Lisa Knappe, 2220 Westover Avenue, S. W~., appeared before the Council
in opposition of the street closure of a portion of Wiley Drive. She noted public I
safety issues such as paramedic assistance in the park.
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55
Linda Wyatt, 2543 Round Top Road, N. W., appeared before the Council in
opposition of the street closure of a portion of Wiley Drive. She mentioned the
recreational venue.
James B. Lee, Chairman, Roanoke Valley Greenway Commission, appeared
before the Council on behalf of the Commission in support of the City's closure
of Wiley Drive in Wasena Park in order to continue development of the flood
control project and Roanoke River Greenway.
(See' statement on file in the City Clerk's Office.)
Sherman Bamford, 2423 Winthrop Avenue, S. W., appeared before the
Council on behalf of the Sierra Club in opposition of the closure of a portion of
Wiley Drive. He read a resolution expressing concern about the removal of the
trees citing the affect on the aquatic life in the river.
Liz Belcher, 1206 Kesler Mill Road, Salem, appeared before the Council in
support of the closure of a portion of Wiley Drive and the greenway trail.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
Council Member Lea advised that he was not in favor of the barricade on
Wiley Drive because of the impact the closure would have on various citizens,
noting that further options should be explored.
Council Member Fitzpatrick explained that the issue was not about Wiley
Drive, but about a commitment that was made in 1990 when the Council gave
the land to the Corps of Engineers, adding that the issue was about closing a
portion of a road in order to fulfill a contract. He commented that the public
needed to understand that another Wiley Drive could be relocated and a
decision had to be made in order to move the Flood Reduction Project forward.
Council Member Mason concurred in the comments of Council Member
Fitzpatrick and noted that the City must make good on its commitment to the
greenway and flood reduction projects.
For clarification purposes, the City Engineer shared with the audience
portions of the update regarding the street closure of a portion of Wiley Drive
as presented to the Council following its 2:00 p.m., session earlier this
afternoon. (See pages 42 - 46)
There being no questions and/or comments by the Council Members,
Ordinance No.3 7960-111907 was adopted by the following vote:
56
AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Mason, and I
Mayo r H arri s ~--- _______nn_______n____nn________n_________n____nu___nn_n_u__________nn_____n_n 6.
NAYS: Co unci I Me m be r Lea ____________________________n______n____________nnn_________ 1 .
At 8:45 p.m., the Council meeting was declared in recess.
At 8:55 p.m., the Council meeting reconvened, Vice-Mayor Trinkle
presiding and all Members of the Council in attendance, with the exception of
Mayor Harris and Council Member Fitzpatrick.
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.
VETERANS: Colonel Robert R. Craig, 701 12th Street, S. W., appeared
before Council and expressed concern with regard to the proclamation
declaring Roanoke Valley Chess Club Day, which was presented earlier in the
meeting by the Mayor. He was of the opinion that certain holidays should be I
commemorated such as Veterans Day, which are not recognized in November
2007. He also commented on the pay back period for $80,000.00 for
restoration of the Hancock Building that was approved by the Council as well as
the homeless situation in the City of Roanoke.
BUDGET: Robert D. Gravely, 727 29th Street, N. W., appeared before
Council with regard to the lack of City funds to refurbish certain parts of the
City. He also quoted biblical scriptures.
COUNTRYSIDE: Valerie Garner, 2267 Mattaponi Drive, N. W., appeared
before Council and shared photographs. She commented on remarks made in
September 2007 regarding property to be purchased by Trane that could
encroach onto the third green of the Countryside Golf Course. She questioned
whether the Administration had been to the site to view the location of the
stakes for the property. The City Manager advised that the staff would
investigate the matter and report findings to the Council and Ms. Garner.
PARKS: Duane Howard, 1221 6th Street, S. E., appeared before Council in
connection with the briefing regarding the closure of a portion of Wiley Drive
which was held immediately following the 2:00 p.m. session of Council in the
Council's Conference Room. (See pages 42 - 46) He stated that the briefing I
should have been televised live in order to have allowed viewing by the public.
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There being no further business, the Vice-Mayor declared the meeting
adjourned at 9: 15 p.m.
ATTEST:
~in.~~
Stephanie M. Moon, CMC
City Clerk
APPROVED
c,~~
C. Nelson Harris
Mayor
, .
..
.~ ,,' :&-1
58
ROANOKE CITY COUNCIL-REGULAR SESSION
December 3, 2007
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
December 3, 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, Regular Meetings, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207
adopted by the Council on Monday, July 2, 2007.
PRESENT: Council Members Brian J. Wishneff, Alfred T. Dowe, Jr. (arrived
late), Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea, Gwendolyn W.
Mason, David B. Tri n kle, and Mayor C. Nelson Harrisnmm------------mmu-------nu7.
A BS ENT: Non e U_____nnn____un__nn_nnu____nn________U__n_______nu______-----n-----O .
I
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, I
City Clerk.
At this point, Council Member Dowe entered the meeting (9:03 a.m.).
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.
(See communication on file in the City Clerk's Office.)
Coundl 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:
AYES: Council Members Wishneff, Dowe, Lea, Mason, Trinkle, and Mayor
HaLrris------------------------------------------------------------------------------------------------------------Ei.
NAYS: Non e __uuuuuu________uu_u_uu___n____n____n__u_u_n_____n____--u-u-----n---O.
(Council Member Fitzpatrick was not present when the vote was recorded.)
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CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(See communication on file in the City Clerk's Office.)
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 Mason and adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Lea, Mason, Trinkle, and Mayor
HaLrris------------------------------------------------------------------------------------------------------------E>.
NAYS: Non e n-__oo___n__noon_oo_________n__oo____________n_oo________n_______-n------oo------O.
(Council Member Fitzpatrick 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 disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaLining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(See communication on file in the City Clerk's Office.)
Council Member Mason 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 Wishneff, Dowe, Lea, Mason, Trinkle, and Mayor
HaLrris------------------------------------------------------------------------------------------------------------E>.
NAYS: Non e --oon__u____oon___u_____________n_________________uoo_oooo_---u---u--u-n-__u__O.
(Council Member Fitzpatrick was not present when the vote was recorded.)
60
CITY COUNCIL: A communication from the City Manager requesting that I
Council convene in a Closed Meeting to discuss the award of a public contract
involving the expenditure of public funds, where discussion in an open session
would adversely affect the negotiating strategy of the City, pursuant to Section
2.2-3711 (A)(29), Code of Virginia (1950), as amended, was before the body.
(See communication on file in the City Clerk's Office.)
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 Dowe and adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Lea, Mason, Trinkle, and Mayor
H ar ri s - -- - - n - - n n_ - n n __,_ -_ ____n -- -- -- -- -- - - u - - __- -- u_ -- - n -- -- n_ - -- n -- -- - - - -- -- u u u -- -- -- -- -- n__ ------6 .
NAYS: No n e___u___nnnnnn__nn__nnn__u___uuu__u__nnnnnn_____n_______----------0.
(Council Member Fitzpatrick was 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.
I
BRIEFINGS:
Downtown Proiects
The City Manager advised that significant time would be devoted to the
meeting for Downtown Projects, and share with the Council the list of
accomplishments of three different planning documents that have been
adopted and used by the Council and City staff. She introduced Chris Chittum,
Planning Administrator, Planning and Building Development.
Mr. Chittum highlighted the following information:
Downtown Plans
. Outlook Roanoke (1997)
. Outlook Roanoke Update (2001)
. City Market District Plan (2006)
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Accomplishments
. Rail District Initiative
· Visitor Center and Link Museum
· Higher Education Center
· Eight Jefferson Place
· Warehouse Row
· Railwalk
· Gainsboro Parking Garage
. Downtown Living
· Eight Jefferson Place
· Salem Automotive district (west of 3rd Street)
· Hancock Building (former Grand Piano)
· State & City
· Colonial Arms
· Shenandoah Hotel
. Elmwood Park Initiative
· Social Security Administration Building
. e-Town Initiative
· Warehouse Row development
· Roanoke Times print facility
· Grand Piano (Hancock Building)
· MLK Bridge
· Henry Street development
. Market Initiative
· Convert rest of Campbell to two-way traffic
· Two new infill buildings on Market Street
· Art Museum
· Subsequent Initiatives
· Miller's Hill
· Campbell Avenue Parking Garage
· Salem Avenue Automotive District
· Art Museum
· Fire/EMS station
· Police Building
· Two greenways serving downtown
62
Current and Pending Projects
I
. Market Garage repair/redesign
. Stepped Plaza design
. Stabilization/cosmetic improvements to Market Building
. Paving and stamping streets
. Solid Waste Collection
The City Manager advised that there were specific options and proposals
to discuss, and there were significant structural problems with regards to the
Market Garage for immediate repair and the possibility of redesign and upper
floor development. She explained that three designs for the Stepped Plaza have
been previously shared with the Council and she was seeking direction as to
how to proceed. She added that stabilization improvements have been
underway for the Market Building, paving and stamping of downtown streets
have recently occurred, and the City was continuing its efforts to find a place
for a trash compactor in order to keep the streets clean until the trash can be
collected by the Solid Waste Department.
She commented on the various projects for future consideration:
I
. Location of Downtown Library
. Jefferson Street development
. Stepped Plaza construction
. Market Building
· 3rd Floor use
· Reconfiguration
. Downtown Districts
. Warehouse Row parking
· West Downtown:
· Former YMCA
· Cotton Mill Building
· Mixed use development w/structured parking
. Market Area Enhancements
. Multiplex theater (Williamson & Church)
. Converting Church Avenue to two-way
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Market Building
· FY08 Funded Interior & Exterior Improvements: $274,300.00
· Interior Food Court and Mezzanine:
New interior color and design scheme paint, court furniture,
lighting, floor on mezzanine
· Exterior:
Paint trim, repair downspouts, repair overhang, replace
main entrance doors, directory signage
· Unfunded Interior Improvements
· Renovation of Mezzanine Restrooms
(Est. $57,500.00-75,000.00)
· Renovation of Third Floor Ballroom
(Est. $346,000.00-636,000.00)
· Overhaul of first floor
(Est. $1,927,000.00)
. 16 tenants
· 11 food vendors, 4 retailers, 1 non-profit
. Expiration of leases
· 8 in 2008
· 7 in 2009
· 1 in 2011
The City Manager noted that the CMERP funding allocation in the amount
of $274,000.00 was provided for the Market Building's interior and exterior
improvements; and renovations of the Mezzanine restrooms, the third floor
ballroom, and overhaul of the first floor were still unfunded projects for the
Market Building. She pointed out that funds were allocated from CMERP for
replacement of the Farmers' Market awnings, which has been completed and
remarked that the balance of approximately $148,000.00 had been transferred
to the Market Building Account to be used towards the renovations of the
Mezzanine restrooms.
The City Manager commented that some of the Market Building tenants
have long term leases, with commissions attached to the lease, emphasizing
that the leases should be consistent and short term. She pointed out that it is
anticipated that any work performed on the first floor of the Market Building
would displace tenants.
64
. FY 2006
· Revenues $276,024.00
· Expenditures $368,090.00
I
Financial Data
(-$90,066.00)
. FY 2007
· Revenues $268,340.00
· Expenditures $390,098.00
(-$121,758.00)
. $71 ,OOO.OO/year est. tax revenue (BPOL, Sales, Meals)
She further commented that in prior years, the estimated tax revenue
from the Market Building tenants was not sufficient to offset the expenses of
the Market Building.
Market Garaqe
. Option 1: New facade and retail uplift
· $5.68M - $5.77M
· New facade with metal louvers
· Modifications to shell retail space (optional)
. Option 2: New facade and retail uplift + two-story corner infill
· $6.42M - $6.51 M
· Relocation of vehicular entrance from Church Avenue to alley
adjacent to Fire Station
· Two-story corner infill provides a new circulation pattern to the 2nd
level
· 6 less parking spaces
· Modifications to shell retail space (optional)
I
. Option 3: New facade and retail uplift + 6-story corner infill
· $7.64M
· Relocate garage entrance to alley next to Fire Station
· Six-story corner infill provides 49 additional parking spaces and
provides a continuous circulation pattern
· Modifications to shell retail space
· Extension of exterior wall to accommodate future expansion
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· Recommended Funding Strategy for Debt Service
· Additional revenue from recent rate revisions above initial
projections
· Allocate net revenue from downtown parking enforcement
· Convert some monthly spaces to hourly spaces at Center in the
Square Garage
· Monthly rate increase (across the board) of $2.00 to $7.00 in FY
2010
· Last increase in monthly rates in 2003
The City Manager advised that Option 1 was the least expensive of the
three abovedescribed options, adding that Option 2 provides for a two-story
blank space at the rear of the Garage and a relocation of the entrance of the
garage; and Option 3 is the most expensive which includes a six story infill and
an addition of 49 new parking spaces. She further advised that funding
strategies have been researched and a meeting between the City of Roanoke
and Downtown Roanoke, Inc. was held whereby it was suggested that on-street
parking meters be reinstalled in order to create additional revenue, as well as
converting many of the reserved parking spaces in the Center in the Square
Garage to daily parking spaces; and Downtown Roanoke Inc. has agreed to
relocate from the Center in the Square Garage to allow more daily spaces for
parking.
At this point, Council Member Fitzpatrick entered the meeting
(9:20 a.m.).
Discussion:
In response to Council Member Wishneff's question regarding the figures
surrounding the Debt Service and the Center in the Square Garage, the Director
of Management and Budget, advised that the most expensive option (Option
No.3) would excel the debt service to about $579,000.00 annually, and the
additional revenue anticipated above the predicted rate projections would be
approximately $50,000.00; and allocating 68 percent of net revenue from
downtown parking enforcement could result in revenues of approximately
$1 56,000.00. Based on a survey from parking staff, Mr. Stovall indicated that
the conversion of monthly spaces in the Center in the Square Garage could
result in revenue of approximately $175,000.00; and relative to the option
selected by the Council, the potential revenues could range from nearly
$ 56,000.00 to $198,000.00; and the debt service pertaining to the least
expensive option (Option No.1), could be about $437,000.00.
66
Council Member Wishneff inquired as to whether Option 3 could be
possible without the facade improvements; whereupon, Ms. Burcham replied I
that the infill for the six floors could be added; however, the exterior of the
garage would still be in need of repairs and she would not recommend said
option without improvements from a safety standpoint; and Option 2, the
entrance could he relocated and elimination of spaces would allow for the
future construction of the infill.
Council Member Wishneff inquired about the management of the Market
area; whereupon, the City Manager advised that the business owners, farmers,
Downtown Roanoke, Inc. and Center in the Square representatives, and the
Assistant City Manager for Community Development as the City representative
would continue discus.sions and. prC)viderecQrnmendations to the Council,
whereby all recommendations may not require funding, only approval.
Council Member Wishneff inquired about the Virginia Transportation
Museum Capital Campaign study; whereupon, Council Member Fitzpatrick
responded that the study is only an assessment.
Council Member Mason inquired about the suggestion of using
inexpensive materials to repair the garage facade, and if Options 2 or 3 were
chosen, could the improvements not be so extravagant; whereupon, the City
Manager advised that Charlie Anderson, Architect II, Department of
Engineering, spoke with consultants about the possibility of using a
combination of brick and a building material known as Ifus, resulting in a
savings of approximately $300,000.00. She added that by using Ifus alone, the
City could save approximately $600,000.00.
I
Council Member Mason inquired about a long range strategy relating to
the City remaining as the owner of the City Market Building; whereupon, the
City Manager replied that discussion and decision regarding said matter lies
with the Council, and furthermore, City staff has not solicited proposals to own
or manage the Market Building; however, one entity had expressed an interest
in managing the Market Building. She recommended short term leases wherein
the tenants could be placed on annual leases versus three-year leases in order
to open up spaces within the Market Building which could make the situation
more palatable for an outside owner/manager.
Vice-Mayor Trinkle was supportive of studying options for solicitations of
outside agencies to maf)age the Market Building as well as well as moving
forward with renovations to the Market Building. He inquired about the
availability of public restrooms during after hours at the Market Building and
Center in the Square to patrons; whereupon, the City Manager advised that no
outside public restroom facility was available and she was of the opinion that I
the City should not provide public restroom facilities in the Market area to the
public.
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Vice-Mayor Trinkle pointed out that the proposal calls for restrooms on
the first floor and Mezzanine in the Market Building and inquired about the
accuracy of the numbers associated with the options based on the extent of
renovations in the Market Building; whereupon, the Assistant City Manager for
Community Development stated that the numbers were proportionate to the
options.
Council Member Dowe inquired as to whether the focus of the Stepped
Plaza was aesthetics; whereupon, the City Manager replied that it was not
aesthetics, it was the opinion of the consultants that the City needed to address
the "no destination" at the end of the Pedestrian Bridge in order to encourage
patrons to walk towards the downtown area.
In response to Council Member Dowe's inquiry about the awnings not
being placed on the east side of the Center in the Square building, the City
Manager indicated that the decision was made not to place the awnings past
the Farmer's Market area, which resulted in extra money in the account. He
also suggested coordination of the unloading and loading of trucks at the
Market and asked if the sidewalks in front of the garage were to be repaired;
whereupon, the City Manager replied that sidewalk improvements were being
researched, adding that although the sidewalks were cleaned daily, they
continued to be dirty and cluttered; and she plans to discuss the sidewalk issue
with Downtown Roanoke, Inc.
Council Member Fitzpatrick commented on the lack of discussion of the
square footage of the Market Building, noting that the Market Building was not
large enough and requested additional information regarding the square
footage as well as information pertaining to the size of a respectable Market
Building. He also made comments about the Pedestrian Bridge and the Market
Parking Garage.
Mayor Harris suggested that a work session be held solely to discuss the
Market Building, with staff providing options for consideration relative to the
future of the Market Building. With regard to the Market Garage facade, he
supported improvements to the Market Building facade. The City Manager
advised that the Market Building issues would be scheduled for discussion by
the Council during its January 7 Work Session.
Following discussion of repairs to the Market Building, it was the
consensus of the Council that the Administration move forward with
renovations to the third floor restrooms in the Market Building and to study the
possibilities for management of the Market Building, and present three options,
with alternative materials for the Market Garage facade, and table the stepped
plaza project indefinitely.
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Carvins Cove Land Use Manaqement Plan
I
Steve Buschor, Director of Parks and Recreation, shared background
information regarding the Carvins Cove Natural Reserve Park Management Plan
process, advising that the report was the result of a cooperative effort between
the City of Roanoke Parks and Recreation Department, Western Virginia Water
Authority, and the Carvins Cove Advisory Committee to update the 2000
Carvins Cove Land Use Plan and develop suitable policies for managing the
unique natural and cultural resources of Carvins Cove Natural Reserve, known
as the Cove.
He referenced page five of the draft plan which denotes the results of a
public opinion survey pertaining to the development of outdoor recreation at
Carvins Cove, indicating that 70.3% of the 500 randomly selected City of
Roanoke residents surveyed stated that they would rather have more picnicking
than lodging, mountain biking, swimming, horseback riding,
sailing/kayaking/canoeing, boating, camping, fishing and hiking.
In conclusion, Mr. Buschor commented that an important part of the
study identified as the Natural Heritage Inventory, which explains the fragile
bottom and soil slopes, was incomplete and would not be available until
January 2008.
I
Donnie Underwood, Parks and Greenway Planner, highlighted the
following five resource zones:
Zone 1 (Recreation Development Zone) - physical characteristics
makes it the logical choice for more intensive recreational
development, such as additional picnic sites, stables, management
and comfort facilities, fishing facilities, camping sites, formal
transportation corridors, paddling facilities and swimming areas. It
is also the best location' for both accessible recreational facilities
for mobility-challenged populations because of its gentle slopes
and existing road as well as potential future park offices and
commercial services related to park use. Although the zone was
considered the most logical due to water quality and was
recommended for recreation, other factors must be considered,
such as, materials, slope, soil, and the design context in mind.
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Zone 2 (Natural Resource Protection Zone) -Recreational activities
in said area should be strictly limited. Trails that currently exist in
Management Zone 2 should be carefully reviewed to determine
their sustainability. Consideration shall be given to determining if
hiking-only trails are appropriate in said zone due to the
detrimental nature of both mountain bike and equestrian trails.
Any existing authorized trial in the area that has significant
environmental or cultural impact problems should be retired or
rehabilitated as soon as possible as per recommendations of the
trails assessment (when completed). Future trail development in
Management Zone 2 shall be carefully considered. It has the
highest slope and has the most erosion able soils for the USDA
National Resource Conservation. It also serves as a buffer to help
protect the view shed. Zone two requires the most long term
protection.
Zone 3 (Low impact Recreation Zone) - serve as a buffer between
more intensive recreational development in Zone 1 and
conservation use/natural resource protection in Zone 2. The
recommendation is to promote the natural evolution of the natural,
native forest canopy in this buffer while transitioning from
hardscape, infrastructure elements that may be in Zone 1.
Zone 4 (Cultural Resource Zone) - logical location for an
interpretive trail and historical markers. Within this zone, serving
as the main transportation artery as well as the most beneficial
route for a multi-use recreational trail, the Fire Road should be
rehabilitated for appropriate erosion and stability measures.
Consideration should be given to resurfacing this road with a more
user-friendly stone base suitable for beginner recreational trail
functionality. Provides impressive view of the water resource and
several historical sites.
Zone 5 (Riparian Protection Zone) - serves as a kind of overlay zone
that applies to all of the other management zones.
(For full text, see copy of draft Carvins Cove Natural Reserve Park Management
Plan on file in the City Clerk's Office.)
Mayor Harris indicated his support of the proposed Plan, adviSing that if
acceptable by the Council, approximately 7,000 acres of the Cove would
immediately be placed under a conservation easement, with the remaining
acreage for a conservation easement being discussed at a future date.
70
Council Member Fitzpatrick acknowledged that it was a wonderful
opportunity for the City of Roanoke to ensure that Carvins Cove remain a I
native, natural land.
Following discussion and concurrence of the Council, the City Manager
stated that City staff would move forward on the placement of a conservation
easement on the approximately 6,150 acres designated as Management Zone 2
(54 percent of the total acreage controlled by the City of Roanoke in Carvins
Cove Natural Reserve) as recommended by the Advisory Committee. She
further stated that a request recommending adoption of the draft Plan would be
placed on the Council's December 17, 2007, agenda.
At 11 :20 a.m., tbe Council meeting was declared in recess for closed
session and to be reconvened at 12:00 p.m., for a joint meeting of Council,
Roanoke City School Board and the City's representatives to the General
Assembly.
At 12:00 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 Vice-Mayor Trinkle and Chairman
Carson presiding.
PRESENT: Council Members Alfred T. Dowe, Jr" Beverly T, Fitzpatrick, Jr., I
~~~~; ~~ T ~ ~ k T: :~__~_~~~~_~_~!~~__"!.~___~_~~_~_~:___~_~~~_~__}_~__~i_~~~~-~~~--:~~---~~~-~~-~~~~ ~
ABSENT: Mayor C. Nelson Harris------n---n-----------m-n-m-m--nm--n---------- 1 .
The Vice-Mayor declared the existence of a quorum.
SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Suzanne P.
Moore, Courtney A. Penn (arrived at 12:21 p.m.), Todd A. Putney, ~nd Chairman
Davi dB. Cars 0 n n____n_u_u__n__n________n______n__nn__n________n___nnn__u__unnuu____u__6.
ABSENT: School Board Trustee V. Mignon Chubb-Hale-----m--nmm-m-m-1 .
OTHERS 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, City Clerk; R. Brian Townsend,
Assistant City Manager for Community Development; James Grigsby, Assistant
City Manager for Operations; and Thomas A. Dick, Legislative Liaison for the
City of Roanoke.
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Representing the Roanoke City Public Schools: Dr. Rita D. Bishop,
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.
Also present were Senator John S. Edwards, Delegates William H. Fralin,
Jr., and Onzlee Ware.
COUNClL-SCHOOLS-LEGISLATION: Chairman Carson expressed
appreciation for the opportunity to meet with Council and the City's
representatives to the Virginia General Assembly.
He introduced Curt Baker, Deputy Superintendent for Operations, for
presentation of the school related items contained in the 2008 Legislative
Program. Mr. Baker stated that adequate funding, appropriate facilities,
outstanding features and a safe learning environment were all prerequisites for
effective teaching and learning. He reviewed the following legislative priorities
for the 2008 Legislative Program:
· Academic Achievement and Education Funding - Roanoke City Public
Schools (RCPS) is committed to increasing the performance of all of its
students and to closing achievement gaps, with particular emphasis on
the lower performing subgroups of students as defined by the No Child
Left Behind (NCLB) Act.
· School Construction, Maintenance and Debt Service - RCPS is committed
to ensuring the effective and efficient use of division facilities and
infrastructure.
· Attracting, Training, and Retaining Division Staff - RCPS is committed to
attracting, training and retaining the best staff for our urban division.
· Ensuring School Safety - RCPS is committed to ensuring the safest
schools for our students and staff as part of its broader effort to facilitate
a productive learning environment in all schools, and 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 boards to have time to provide for
required remediation and teacher training.
72
. No Child Left Behind - RCPS supports NCLB's general goal of having all
children learn to high standards, but is deeply concerned about the Act's I
major expansion of federal authority over state and local educational
programs. RCPS supports return of accountability to state and local
authorities, and full funding by the federal government for the
implementation of the NCLB.
(For full text, see School Board related items contained in the 2007 Legislative
Prog ram.)
School Board Trustee Putney commented that every year teachers'
salaries and compensation are discussed and urged all officials to recognize the
180-degree change in a teacher's job over the last 3-5 years.
Dr. Rita Bishop shared comments regarding special education, stating
that Learning Disability (LD) teachers must be highly qualified in every subject
they teach, and she expressed concern regarding the loss of qualified teachers
to other localities because of inadequate compensation.
Vice-Mayor Trinkle asked about the permanent stream or formula for
funding capital projects on the State level.
Senator Edwards stated that a yast amount of time has gone into crafting
a formula that makes sense; maintaining facilities that are reaching their age
limits are really an operating expense rather than a capital expense; and almost
every School Division is trying to deal with how to develop and maintain their
facilities and resources.
I
Inasmuch as he and Delegate Ware serve on the Education Committee,
Delegate Fralin advised that a resolution was passed asking the Federal ,
Government to let the states set their standards; 50% of the complaints related I
to the No Child Left Behind and based on criteria, it is believed that there is a
lack of communication between the Federal and State levels.
Council Member Dowe commented that the immigration issue is of
concern to all localities throughout the country, and asked if there had been
any pro-active measures and actions to address the immigration issue as it
relates to education and overcrowding; whereupon, Delegate Ware responded
that the State needed to come up with creative ideas to address the problems
and situations within the urban area schools.
Delegate Fralin commented that a plan was needed to educate the youth
currently residing in this country, adding that the country's immigration policy
is broken and legislators must deal with educating children that use English as
a second language.
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Dr. Bishop commented that some immigrants have a spoken language,
but no written language, and some children have suffered through severe
trauma in their native country, and efforts need to be made to address such
issues through education.
Additional comments were made regarding teacher pay, English as a
second language, a dress code for teachers, the drop-out rate of students in
grades 9-12, the need for a class for non-educated people rather than
placement in an age-appropriate classroom, and the immigration policy.
Council Member Fitzpatrick, Chair, Legislative Committee, stated that the
School Board's priorities had been incorporated into the 2008 Legislative
Program, and the Facilities and Budget Committees appointed by the Mayor
were working together for both the fiscal and physical responsibility issues. He
pointed out that approximately $60,000.00 had been saved in fuel costs since
school buses were being fueled at City facilities wherein the City purchases fuel
at a high volume, reduced rate. He explained that issues of concern for the
City were rental inspection, the new medical school, a Roanoke Arts and
Cultural District, payday lenders, support for the Virginia First Cities legislative
package, and completion of the Roanoke City Health Department facility.
Tom Dick, Legislative Liaison, commented on the following 2008
legislative issues: historic districts, domestic violence, improvements to the
budgeting process of local governments, funding for the Roanoke Arts and
Cultural District, payday lenders, smoking in public places, rental inspection,
local funding of residential redevelopment, delinquent parking tickets, property
tax relief for reconstruction in blighted areas and vacant lots, and student
dropout rates. He noted that the new medical school and research center were
the two biggest technology drivers that would have a large economic impact in
the area.
(For full text, see the City's 2008 Legislative Program on file in the City Clerk's
Office.)
There was in-depth discussion concerning funding for cultural
organizations and transportation issues.
There being no further business, the Vice-Mayor expressed appreciation
to Senator Edwards, Delegate Fralin and Delegate Ware 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.
74
At 1:40 p,m., the Vice-Mayor declared the meeting in recess for I
continuation of a Closed Meeting and Chair Carson declared the meeting of the
Roanoke City School Board adjourned.
At 2:00 p.m., the Council Meeting reconvened 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.
PRESENT: Council Members Brian J. Wishneff, Alfred T. Dowe, Jr.,
Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B.
Tri n kl e, an d Mayo r C. N e I so n H arri s-------------------------m------m--------n--------------n7 .
ABS ENT: Non eoo_oooon__oonoo______n_________uu__uuu___________________ -oo-----nn--------O.
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 Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was I
led by Mayor C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-CITIZEN OF THE YEAR: Council Member
Dowe offered the following resolution recognizing The Reverend Frank W.
Feather as Roanoke's Citizen of the Year for the year 2007:
(#37961-120307) A RESOLUTION naming the Reverend Frank W. Feather
as Roanoke's Citizen of the Year for 2007.
(For full text of resolution, see Resolution Book No. 72, page 63.)
Council Member Dowe moved the adoption of Resolution No. 37961-
120307. The motion was seconded by Council Member Fitzpatrick and adopted
by the following vote:
AYES: COI,Jncil Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri Soooo_oo______noo____unn_____________oo__n__oon_____n__n___n___u_-----u------u--7 .
NAYS: Non e_____n___noonn____n____n_n______________nn_n_nnn___n__n__n----un----n-O .
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The Mayor presented to Reverend Feather a ceremonial copy of
Resolution No. 37961-120307 and an engraved photograph of Reverend
Feather posing in front of the 611 Steam Locomotive housed at the Virginia
Museum of Transportation.
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 Tuesday,
September 4, 2007 and Monday, September 17, 2007, recessed until Thursday,
September 20, 2007 were before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason moved that Council dispense with the reading of
the minutes and approve as recorded. 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-n-n---n-n-_un_n___n__n___________nnn_u_n_nnnunnu_n_n--nn___n_7 .
NAYS: Non e-n-n_n____n_nn_________________n___n______n_____nnnn_____nu----n--n_____O.
CITY PROPERTY-FIRE DEPARTMENT-SALE/PURCHASE OF PROPERTY: A
communication from the City Manager requesting that Council schedule a
public hearing for Monday, December 17, 2007, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to the sale of City-owned
property, former Fire Station No.3; located at 301 6th Street, S. W., to
Interactive Design Group, was before the body.
(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 Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri Sn---nn____u__u_________uuu____u_nu_nuuu___u_____________u-----------------7 .
NAYS: Non e nn------n-n-----------uuu_____unu____uun___u_unn_____n__n___-u--nn-O.
76
ART MUSEUM OF WESTERN VIRGINIA-TAXATION: A communication from I
the City Manager requesting that Council schedule a public hearing for Monday,
December 17, 2007, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Art Museum of Western Virginia, a non-stock, not
for profit corporation, for tax exemption status of certain real estate and
personal property located at 110 Salem Avenue, S. E. and 302-312 Campbell
Avenue, S. E., was before the body.
(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 Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri Smnmnnnnn___mnnn_nnm_mm____m___m_m___n___n_______________un7 .
NAYS: Non e __n____U__u____nU___u_n__U_____uu____Un____un__U_nnn__nnn-n---nn-O.
CITY PROPERTY-DEED OF RESTRICTION: A communication from the City
Manager requesting that Council schedule a public hearing for Monday,
December 17, 2007, at 7:00 p.m., or as soon thereafter as the matter may be I
heard, to consider a Deed of Restriction on City-owned property located at 1909
Meadowbrook Road, N. W., was before the body.
(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 Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri s __n____u_uuunuuuu_____n____nnnnnnnn__n_______n____________nUU______ 7.
NAYS: Non e u____uu_u___uuuuuuuuu_______n____n_n_____u___u_u_uu__uuuu-----uO.
EASEMENT-CITY PROPERTY-HURT PARK: A communication from the City
Manager requesting that Council schedule a public hearing for Monday,
December 17, 2007, at 7:00 p.m., or as soon thereafter as the matter may be
heard, to consider the granting of an easement of City-owned property to Hurt
Park, LP, was before the body.
(See communication on file in the City Clerk's Office.)
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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 Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri s nn_n________________n___nnn____nn_____u_nn_n____nn_____n_nnn-----n-----7 .
NAYS: Non e n-----n-----n--n------___________7__________________n_____n_n__--n----n--n--n-O.
STATE HIGHWAYS: Council Member Mason offered the following
resolution in. support of the designation of a driving route to be called
Wilderness Road: Virginia's Heritage Migration Route from Winchester to
Cumberland Gap in Western Virginia, including the two spurs of the Carolina
Road and the Fincastle/Cumberland Gap Turnpike.
(#37962-120307) A RESOLUTION in support of the designation of a
driving route to be called the Wilderness Road: Virginia's Heritage Migration
Route from Winchester to Cumberland Gap in Western Virginia, including the
two spurs of the Carolina Road and the Fincastle/Cumberland Gap Turnpike.
(For full text of resolution, see Resolution Book No. 72, page 65.)
Council Member Mason moved the adoption of Resolution No. 37962-
120307. 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--nn----___n___n___n_____n_______n_______nn_-n------------------7 .
NAYS: Non e u_n_nnnn__n____n__n_____n_________n___________n_____________nn------n-----O.
OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE: A report of
qualification of Vincent C. Dabney as a City representative to the Blue Ridge
Behavioral Healthcare, Board of Directors, for a term ending December 31,
2010, was before Council.
(See Oath or 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:
78
and M~;:;~;~i~~~!!--~~~-~-~~-~-~~~~~~~~:_~-~~~:_~~~=~~~:~~-~:_~~-~:_~~~~~'-~~~~~~: I
NAYS: Non euunn____nnuunuuuuuu_nnnn_n_n_n___nn__nu_____n_______n_-------0.
CIVIC CENTER-CELEBRATIONS-ROANOKE ARTS COMMISSION: Council
Member Mason offered the following resolution approving the design and
placement of a sculpture at the Roanoke Civic Center in celebration of the City's
125th anniversary.
(#37963-120307) A RESOLUTION approving the design and placement
of a sculpture to be installed at the Roanoke Civic Center in celebration of the
City's 12 5th anniversary. .
(For full text of resolution, see Resolution Book No. 72, page 67.)
Council Member Mason moved the adoption of Resolution No. 37963-
120307. 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 Su___unnn__nnu_n_____un_____u_unnu_u______u___n__n_____n_--------------7.
NAYS: Non e _u_nn__nn__u___________________nunnn__nn__nnunu_____nu__u_----------0.
I
REGULAR AGENDA
PUBLIC HEARINGS:
BONDS: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, December 3, 2007 at 2:00 p.m., or as
soon thereafter as the matter may be heard, with respect to the proposed
adoption by the Council of a resolution authorizing the City to contract a debt
and issue general obligation public improvement bonds of the City (and in
anticipation of the issuance of any such bonds to issue general obligation
public improvement bond anticipation notes of the City) in the principal amount
of $3,810,000 for the purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement
and equipping of public buildings of and lor the City, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, November 19, 2007 and Monday, November 26, 2007.
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79
I (See publisher's affidavit on file in the City Clerk's Office.)
The Director of Finance submitted a written report recommending
adoption of a resolution authorizing the issuance of General Obligation Bonds,
in an amount not to exceed $3.8 million, for public buildings.
(For full text, see report on file in the City Clerk's Office.)
Council Member Dowe offered the following resolution:
I
(#37964-120307) A RESOLUTION authorizing the issuance of Three
Million Eight Hundred Ten Thousand Dollars ($3,810,000.00) 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 public buildings 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 of 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. 72, page 68.)
Council Member Dowe moved the adoption of Resolution No. 37964-
120307. The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to be heard
with regard to the issuance and sale of the bonds. There being none, the Mayor
declared the public hearing closed.
There being no questions or comments by the Council Members,
Ordinance No. Resolution No. 37964-120307 was adopted by the following
vote:
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80
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri S--m--_______mmnnm___mm_______n__mmnn___nmm____mm_nmn__~--7 .
NAYS: Non e nn_n_nn nn_____u___n____n_n__nn____u___n_n__nn_______u__uuu____nn_O .
I
PETITIONS AND COMMUNICATIONS:
YOUTH-BLUE RIDGE BEHAVIORAL HEALTHCARE: Dan Merenda,
representing the Roanoke Prevention Planning Team, appeared before the
Council and shared data which was compiled by the Team. He stated that the
Team was a coalition of youth serving organizations working together to
promote the healthy development of youth in our City and its purpose is to
promote community awareness about risky behaviors and the attitudes among
youth and to identify strategies to increase resources available, to prevent
substance abuse, violence, teen pregnancy and school failure. Mr. Merenda
called attention to the Team's findings of the surveys conducted in the spring
of 2007 and he provided the Council with comparisons of said findings.
In conclusion, Mr. Merenda expressed appreciation on behalf of the
Prevention Planning Team to the Roanoke City Public Schools for allowing the
Team to conduct the two youth surveys in the school buildings and an
expression of appreciation to the City Manager for her support and concern for
the children.
(For full text, see data on file in the City Clerk's Office.)
I
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, appeared
before the Council in response to comments made by Mr. Merenda. She
advised that the School Administration would review the comments and
respond accordingly back to the Council.
Council Member Dowe asked about the demographics of the baby
boomers and their children and/or grandchildren; whereupon, Mr. Merenda
responded that the data suggests that unless an alternate plan is implemented,
the risky behaviors among the youth would continue to increase.
The City Manager stated that in recognizing the importance of young
people in the community, the Council approved a youth element to the City's
Comprehensive Plan, and the City's own initiative, Promise of Roanoke, has
been an acknowledgement by the total community of the need for everyone to
be involved. She added that specific recommendations as set forth in the Youth
Plan will be coordinated with the assistance of Virginia Tech and the Roanoke
City School system to ensure that everyone does their part to make life not only
more hopeful for the City's youth, but more productive as well.
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REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN SERVICES: The City Manager submitted a written
communication recommending authorization to increase the staff complement
in the Social Services Department for the VISSTA Area Training Center.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following budget ordinance:
(#37965-120307) AN ORDINANCE to transfer funding from the General
Fund Program Activities, for the Training Assistant position for the Virginia
Institute for Social Service Training Activities (VISSTA), amending and
reordaining certain sections of the 2007-2008 General Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 82.)
Vice-Mayor Trinkle moved thle adoption of Budget Ordinance No.3 7965-
120307. The motion was seconded by Council Member Mason and adopted by
the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri s---------uuuuu___nu____un____n_n_n______un___u_____u_u_---oo-------u-n--7 .
NA YS: Non e ------u--oonn-uoo_U__n__oooo_______oooooo__u__nn_oo______nnoo__----noo-------O.
BUDGET-STATE HIGHWAYS-GREENWAYS: The City Manager submitted a
written communication recommending authorization to execute an amendment
to the City's agreement with the Virginia Department of Transportation, in
connection with further landscape improvements for the Lick Run Greenway
Project.
(For full text, see communication on file in the City Clerk's Office.)
82
Vice-Mayor Trinkle offered the following resolution:
I
(#37966-120307) A RESOLUTION authorizing the City Manager to enter
into an Amendment to an Agreement dated May 8, 2000, with the
Commonwealth of Virginia Department of Transportation for further landscape
improvements for the Lick Run Greenway Project.
(For full text of resolution, see Resolution Book No. 72, page 83.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7966-120307.
The motion was seconded by Council Member Mason and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
and Mayo r H arri Sn_nn____nn____u__._____nn__________n________n_nnnn_n_nn__nnnnnn______7 .
NAYS: Non e nnn__n____UU______n__uuu_uu___u_______U__n_____________nnnnnnnn___O .
Council Member Mason offered the following budget ordinance:
(#37967-120307) AN ORDINANCE to appropriate funding from the
Virginia Department of Transportation for the Comprehensive Greenway Trail
Project, amending and reordaining certain sections of the 2007-2008 Capital
Projects Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
I
(For full text of ordinance, see Ordinance Book No. 72, page 84.)
Council Member Mason moved the adoption of Budget Ordinance No.
37967-120307. 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 u_uuu____n______uuu_u_u_un__unnn_____________________n____nn__n_n_____ 7 .
NAYS: Non e__n____uu___u____________n____nn____n_________n___uu_____nn______nuu_____O.
BUDGET-HUMAN SERVICES: The City Manager submitted a written
communication recommending acceptance of additional funding for the
. Employment Advancement for TANF Participants grant from the Virginia
Department of Social Services.
(For full text, see communication on file in the City Clerk's Office.)
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Vice-Mayor Trinkle offered the following resolution:
(#37968-120307) A RESOLUTION authorizing the acceptance of funding
from the Virginia Department of Social Services for the Employee Advancement
for TANF Participants grant under the Temporary Assistance to Needy Families
(TANF) Project; and authorizing the City of Roanoke to serve as the primary
fiscal agent for the distribution of the grant funds to the provider agencies -that
comprise the Southwest Virginia Regional Employment Coalition, upon certain
terms and conditions.
(For full text of resolution, see Resolution Book No. 72, page 84.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7968-120307.
The motion was seconded by Council IMember Dowe and adopted by the
following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri s n-----------n--n---________n_n__________u____________nnnn______n---nnnu_u__7 .
NAYS: No n e---------nn----------n_n_______n___n_n_________n_n__,uu--n-----------n---____O.
Vice-Mayor Trinkle offered the following budget ordinance:
(#37969-120307) 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 2007-2008
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 85.)
Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 37969-
120307. 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 H arri s -n-----__n_u__n_________nn__uu____nnu_u___n_____u__________nnn___n_nn__ 7 .
NAYS: Non e --n--n---n-n---n_u____n__n_u___nn___u______nuu__n________----------------0.
BONDS-BUDGET-FIRE DEPARTMENT: The City Manager submitted a
written communication recommending appropriation and transfer of additional
funds, in connection with the Williamson Road Fire Station.
(For full text, see communication on file in the City Clerk's Office.)
84
Council Member Dowe offered the following budget ordinance:
I
(#37970-120307) AN ORDINANCE to appropriate funding to be provided
by the Series 2008 Bonds to the Williamson Road and Melrose Avenue Fire-EMS
Stations, transfer funding from various capital projects to the Williamson Road
Fire-EMS Station project, and to appropriate funding from the sale of the
Williamson Road Fire-EMS Station amending and reordaining certain sections of
the 2007-2008 Capital Projects Fund Appropriations; and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 86.)
Council Member Dowe moved the adoption of Budget Ordinance No.
37970-120307. The motion was seconded by Vice-Mayor Trinkle.
Council Member Fitzpatrick inquired as to whether the City's request for
variahces to allow for a 38.7-foot exit onto Birchlawn Avenue, N. W., and a 49.5-
/
foot entrance off of Lanford Street, N. W., would be scheduled for public
hearing before the Council at its December 17, 2007 meeting; whereupon, the
Assistant City Manager for Community Development responded that the City's
application for the variances was before the Zoning Appeals Board on
November 13, 2007, and inasmuch as the Board was unable to find a hardship
in the evidence as presented, the City withdrew its application.
I
For the record, Council Member Fitzpatrick stated that the City should
never allow a fire station driveway to be too narrow, and he was of the opinion
that the matter should have been addressed by the Council.
There being no additional questions and/or comments, Budget Ordinance
No. 37970-120307 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri s u_uun___u__n_un_n_u_____nunnn__nn_____________u____u________u__________ 7 .
NAYS: Non e __________nU_________u_________________u________________uu----------------u--u---o.
ECONOMIC DEVELOPMENT: The City Manager submitted a written
communication recommending execution of a Performance and Loan
Agreement between the City of Roanoke, the Economic Development Authority,
and The Hancock Building, LLC., in connection with the restoration work at 35
Campbell Avenue, S. W.
(For full text, see communication on file in the City Clerk's Office.)
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85
Council Member Mason offered the following ordinance:
(#37971-120307) AN ORDINANCE authorizing the proper City officials to
execute a Performance and Loan Agreement among the City of Roanoke (City),
the Economic Development Authority of the City of Roanoke, Virginia, (EDA),
and The Hancock Building, LLC (THB), providing for certain undertakings by the
parties in connection with the renovation and restoration of a certain Building
located at 35 Campbell Avenue, S. W.; and dispensing with the second reading
by title of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 88.)
Council Member Mason moved the adoption of Ordinance No. 37971-
120307. The motion was seconded by Vice-Mayor Trinkle.
Council Member Wishneff inquired about the principal owners of The
Hancock Building, LLC; whereupon, it was stated that Ed Walker and Scott Grave
are the principal owners. Council Member Wishneff expressed his
disappointment regarding various aspects of the proposed agreement.
There being no additional questions and/or comments by the Council
Members, Ordinance No. 37971-120307 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Mason, Trinkle, and Mayor
HClrris------------------------------------------------------------------------------------------------------------5.
NAYS: Council Members Lea and Wishneff, ---mn--uu---___m______m_m____u2.
CITY ATTORNEY:
CITY CODE-BUILDINGS: The City Attorney submitted a written report
requesting an amendment of the City Code to prohibit the rental of dwelling
units which do not have a current certificate of compliance, but are subject to
the Rental Inspection Program.
(See report on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following ordinance:
(#37972-120307) AN ORDINANCE adding 97-48, Requirement of
Certificate of Compliance, of Article III, Rental Certificate of Compliance, of
Chapter 7, Buildinq Regulations, of the Code of the City of Roanoke (1979), as
amended, for the purpose of amending the City's rental inspection program
ordinance; and dispensing with the second reading by title of this ordinance.
86
Council Member Dowe moved the adoption of Ordinance No. 37972-
120307. The motion was seconded by Council Member Mason.
I
(For full text of ordinance, see Ordinance Book No. 72, page 89.)
Kara D. Smith, President, Old Southwest, Inc., appeared before the
Council in support of the amendment of the City Code, expressing concern
regarding the number of rental properties located in old southwest owned by
absentee landlords. She added that the rental properties are not managed
properly and lack sufficient maintenance.
In closing, she stated that the amendment would prohibit the rental of
dwelling units that do not have a current certificate of compliance, and it may
help to increase the City's housing stock, cleanup the neighborhoods and
alleviate some of the crime in the neighborhoods.
Jeffrey D. Campbell, Vice-President, Old Southwest, Inc., appeared before
the Council and expressed concern about the amount of rental properties
located in old southwest. He urged the Council to approve the amendment of
the City Code.
David Beidler, Attorney, Legal Aid Society of Roanoke Valley, appeared I
before the Council in support of the amendment of the City Code which would
require rental units to be subject to the Rental Program that do not have a
current certificate of compliance.
Council Member Wishneff also expressed his concern regarding the
amount of rental property in the downtown area.
Council Member Fitzpatrick recognized Old Southwest, Inc., on its
success with the Parlor Day tours that are held in old southwest annually.
There being no further questions and/or comments by the Council
Members, Ordinance No. 37972-120307 was adopted by the following vote:
AYES: Council Members Wishneff, Dowe, Fitzpatrick, Lea, Mason, Trinkle,
an d Mayo r H arri S_~_______uuuuu___________________uu________nu_______u__uu______unnn____n__7 .
NAYS: Non e____n__n____n____n__nuun_____________________nn______u______u___un_n______O.
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DIRECTOR OF FINANCE:
AUDITS/FINANCE REPORTS: The Director of Finance submitted the
Financial Report for the month of October 2007, advising that the City of
Roanoke's adopted budget for fiscal year 2008 totals $252.6 million,
representing a 5.4% increase over the adopted budget for fiscal year; the
aforementioned growth has been allocated to provide more funding to the
Roanoke City Public Schools, for capital maintenance and equipment
replacement, to enhance services to citizens, and to fund salary increases for
employees. In closing, he provided commentary on the significant events of the
first four months of fiscal year 2008.
(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 October 2007 would be received and filed.
REPORTS OF COMMITTEES: NONE.
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:
FIRE DEPARTMENT-CITY EMPLOYEES: Council Member Mason announced
that she attended the Fire-EMS Promotion Ceremony which was held on
Wednesday, November 28, 2007, in the Council Chamber, commenting that it
was a delight to witness the advancement in careers and commitment to their
jobs. She also called attention to December 11, 2007, as Pearl Harbor Day,
noting that 40 Virginians lost their lives during the attack on Pearl Harbor. In
recognition of said day, she read a letter written by her father, a soldier in
World War II, addressed to her grandmother. In conclusion, Ms. Mason urged
all citizens to celebrate Pearl Harbor Day and she expressed appreciation to all
Virginians who served in the armed forces on said day.
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.
88
HUMAN SERVICES: Evelyn Bethel, 35 Patton Avenue, N. E., appeared I
before the Council and expressed concern regarding comments from several
Council Members regarding the homeless in the Roanoke Valley.
CITY MANAGER COMMENTS:
CELEBRATIONS-ECONOMIC DEVELOPMENT: The City Manager announced
that Christopher Copenhaver, Economic Development Specialist, has been
appointed as Entrepreneur Assistant in order to assist new business owners in
the City of Roanoke. She commented about her attendance at a ribboncutting
ceremony for the Sportsman Warehouse located on Ferncliff Avenue, N. W., the
Company's first store in Virginia, and she complimented the Department of
Planning Building and Development for its cooperation and quick response to
the Company during its construction. She mentioned her attendance at a
meeting with homeless providers, stating that the most startling discovery was
similar strategies had been identified about 25 years ago, but were never
implemented. She urged the providers to work with the coalition to find ways
to implement those strategies.
In conclusion, she responded to comments made by Council Member
Wishneff regarding the omission of the names of the partners of a Performance
and Loan Agreement between the City of Roanoke, the Economic Development I
Authority, and The Hancock Building, LLC., in connection with the restoration
work at 35 Campbell Avenue, S. W., which was previously adopted by the
Council. She pointed out that it was not uncommon for agreements to be
drafted in the name of the business only and offered two examples, i.e.:
Cambria Suites and Ukr~p's.
Council Member Fitzpatrick noted that the Council ha.:d instructed City
staff to report back to the Council with comparisons to other cities regarding
homeless populations. and inquired about the status; whereupon, the City
Manager advised that the matter was still being studied.
At 3:30 p.m., the Mayor declared the Council meeting in recess for closed
session in the Council's Conference Room, Room 451, Noel C. Taylor Municipal
Building.
Council Member Wishneff left prior to the Closed Meeting (3:35 p.m.)
Council Member Lea left during the Closed Meeting (4: 15 p.m.)
Council Member Dowe left prior to the reconvening of the Council
Meeting (4:28 p.m.).
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At 4:30 p.m., the Council meeting was reconvened, with Mayor Harris
presiding, and all Members of the Council in attendance, with the exception of
Council Members Dowe, Lea and Wishneff.
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 Fitzpatrick, Mason, Trinkle, and Mayor
HilLrris------------------------------------------------------------------------------------------------------------Ll.
NAYS: Non e -----u-uu-___u___nu__u____________uu______nn__nuu_nn____-uuu_____nn_O.
(Council Members Dowe, Lea and Wishneff were absent.)
There being no further business, the Mayor declared the Council meeting
adjourned at 4:30 p.m.
APPROVED
ATTEST:
~m.~
Stephanie M. Moon
City Clerk
~/w~~
C. Nelson Harris
Mayor
90
ROANOKE CITY COUNCIL-REGULAR SESSION
December 17, 2007
I
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 17, 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, Reqular Meetings, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207
adopted by the Council on Monday, July 2,2007.
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 Harrisnmn-----------n-m-mn-n-nmm--m---m--7.
ABSENlr: ---------------------------------------------------------------------------------------------().
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. I
Moon, 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.
(At this point, Council Member Wishneff arrived at the meeting (2:02 p.m.).
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATION: The Mayor presented Christene A. Montgomery with a
Proclamation declaring December 20, 2007, as Christene A. Montgomery Day.
ACTS OF ACKNOWLEDGMENT: The Mayor recognized James Downing
with a City of Roanoke Distinguished Service Medallion for his commitment to
helping his fellowman and for being a fine representative of the youth which
brings pride and hope for the future. He explained that James was recently
credited with saving the life of a driver who was involved in a car crash in the
early morning hours on November 25,2007. In closing, the Mayor commended
James for his outstanding service to his hometown and to the Virginia Tech
Rescue Squad, where he is a senior engineering student and President of the all- I
student, all-volunteer Virginia Tech Rescue Squad for 2007-2008.
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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 two requests for closed
meetings.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 1, 2007, and Monday, October 18, 2007, were before the Council.
(See Minutes on file in the City Clerk's Office.)
Council Member Mason 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 Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s --________n_____nu__uu_u__u_____n___________nu_____________nnn------------n-_7.
NAYS: Non e --n______________n_____u__n__nun_u_______n_n_______n______n-nn------u---__O.
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 body.
(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 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 _____________unn_n_________________u_u____u_u_______________u___n___nn_____u__ 7 .
NAYS: Non e ---____n____n___n____n__n___n__n_______________u__________-_uunu_n_nn_____O.
92
CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from
the City Manager requesting that Council convene in a Closed Meeting to I
discuss disposition of publicly-owned property, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950),
as amended, was before the body.
(See communication on file in the City Clerk's Office.)
Council Member Mason 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 Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri Snn_nnnnnnn______n___nn__________________________nn___nn__nnn_n_nn____7 .
NAYS: Non e u______n__n_______n_n___n____n____u___u___n__n____ __n____n__nn_nnn_____O.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
I
CITY COUNCIL-FIFTH PLANNING DISTRICT COMMISSION: Wayne G.
Strickland, Executive Director of the Roanoke Valley-Alleghany Regional
Commission appeared before the Council to discuss possible City projects to be
included in the Fiscal Year 2009 Regional Commission Work Program.
Mr. Strickland referred to the Annual Report of the Commission and the
Work Elements contained in the 2008 Work Program; outlining the projects
completed in 2007. He suggested that the Council give thought to projects
that they may deem appropriate for consideration during the next fiscal year,
beginning July 1, 2008. He commented that the Commission has designated
70% of its resources toward regional projects and 30% toward local technical
assistance, with the majority of said projects being multi-jurisdictional.
He added that the Commission assists the Greater Roanoke Transit
Company, i.e., transits maps, the financial capacity analysis which is required
by the Federal Transit Administration. He requested that any projects or
suggestions be submitted to the City Manager by the end of February,
inasmuch as she was aware of the projects being undertaken by other groups
and will be. able to prohibit any duplication, as well as use resources more
effectively. He advised that if some projects are not undertaken within one I
year, the projects may be addressed the following year or through a partnership
with another organization.
93
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In conclusion, he expressed appreciation to the Council and the staff for
their support and announced that the Commission was in process of
celebrating its 39th birthday.
(See documents on file in the City Clerk's Office.)
Council Member Trinkle recognized the efforts of Mr. Strickland and the
Commission, and he called attention to the storm water management project
which he hoped would turn into a significant regional initiative and a work plan,
as well as some homeless initiatives. He noted that the Commission had
conducted the trolley study, worked with the Greenways, and was working on
several green initiatives for the entire region, and he encouraged the Council to
submit their ideas and plans to the City Manager by mid-February.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
I
MARKET PARKING GARAGE: The Mayor advised that a briefing pertaining
to the status of the Market Parking Garage will be presented in the Council's
Conference Room, Room 451, immediately following the 2:00 p.m. session of
Council. (See pages 99 - 102) .
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-POLlCE: The City Manager submitted a written
communication recommending acceptance of the Bulletproof Vest Partnership
Grant reimbursement of $15,029.00 from the Bureau of Justice Programs; and
appropriation of funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following resolution:
(#37973-121707) 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, and authorizing execution of
any required documentation on behalf of the City.
I (For full text of resolution, see Resolution Book No. 72, page 90.)
94
Council Member Mason moved the adoption of Resolution No. 37973-
121707. The motion was seconded by Vice-Mayor Trinkle and adopted by the I
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri sn___n__nn_n___nnn_nn_n_uunu_u_un____n_n______nun_______-nn-n-----7 .
NAYS: Non e uoooounuun_uuu_uuuoo_un__nnnn_n_nn__nn__n_nn__nnn___n___n-0.
Council Member Dowe offered the following budget ordinance:
(#37974-121707) AN ORDINANCE to appropriate funding from the
federal government for the Bulletproof Vest Partnership Grant, amending and
reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 91.)
Council Member Dowe moved the adoption of Budget Ordinance No.
37974-121707. The motion was seconded by Council Member Mason and
adopted by the following vote:
and M~:~rs~a~~~-~=~I--~-~~~~-~~--~~~=:-:.~~~~-~~~!-~~:-:~~:-~_~_~~~:_~~~~~~~:__~~~_~_~_~f I
NAYS: Non e nn___n__n_______nn_n__n______oou__nnnnoon___________________-----u---oo---O.
PARKS AND RECREATION-CARVINS COVE PARK MANAGEMENT PLAN: The
City Manager submitted a written communication recommending endorsement
of the Carvins Cove Park Management Plan.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following resolution:
(#37975-121707) A RESOLUTION endorsing the Carvins Cove Natural
Reserve Park Management Plan dated December 17, 2007.
(For full text of resolution, see Resolution Book No. 72, page 92.)
Vice-Mayor Trinkle moved the adoption of Resolution No.3 7975-121707.
The motion was seconded by Council Member Mason.
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Dr. M. Rupert Cutler appeared before the Council in support of the
adoption of the Plan, and he urged the Council to endorse the Plan as
recommended by City staff. He noted that the proposed Plan acknowledged
that the City and the Water Authority jointly administer the Cove in its totality,
and he called attention to the following:
The primary function of the Carvins Cove Natural Reserve is to
serve as a well-vegetated, underdeveloped watershed producing
clean drinking water for the citizens of the region;
Ownership of the land and water within the Carvins Cove Natural
Reserve below the 1 ,200-foot elevation contour line, including the
lake, was transferred from the City to the Western Virginia Water
Authority upon creation of the Western Virginia Water Authority on
July 1, 2004; and
Acknowledged City Council for supporting donation by the City to
the Virginia Outdoors Foundation of a conservation easement on
the Carvins Cove Natural Reserve.
In conclusion, Dr. Cutler called attention to the following administrative
issues that had not been addressed by the Plan: (1) provision of adequate
funding of the Parks Department to staff the large park; (2) how user fees will
be collected, inasmuch as some visitors use the lake, which is operated by the
Water Authority, while some visitors use the trails, which is operated by the
City's Parks and Recreation Department; (3) how said fees will be collected and
used; and (4) will visitors from outside the immediate region be charged more.
(See copy of prepared statement on file in the City Clerk's Office.)
Council Member Fitzpatrick suggested that the tunnel located at Catawba
Creek be included in the Plan.
In response to Dr. Cutler's question concerning user fees, the City
Manager advised that the user fees would be addressed administratively, and
she too urged the Council to approve the Plan since it was a time sensitive
matter.
Without objection by the Council, the Mayor referred the abovementioned
questions to the City Attorney and City Manager for response. .
96
There being no further questions and/or comments by the Council
Members, Resolution No. 37975-121707 was 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_nnn_n________________nn_oo_oo___n_n__nn_n_____7 .
NAYS: Non e n______u__u_u_____u _____________n_________________________u__________nnoo__n___O.
BUILDINGS-STREETS-PARKS-PUBLlC FACILITIES: The City Manager
submitted a written communication recommending establishment of a policy
for naming or renaming City buildings, streets, parks, and other facilities.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Fitzpatrick offered the following resolution:
(#37976-121707) A RESOLUTION adopting a policy for the naming and
renaming of City buildings, streets, parks, and other facilities.
(For full text of resolution, see Resolution Book No. 72, page 93.)
I
Council Member Fitzpatrick moved the adoption of Resolution No.3 7976-
121707. The motion was seconded by Vice-Mayor Trinkle and adopted by the I
following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri 5 ________________n_u__uun___n_~nn___________________unnuu_______n___nn______ 7.
NAYS: Non e un_n_______n_u_u____u__uuu_u_n_________n_________u____uuunuu------n-O.
I
BUDGET-TRAFFIC-STREETS: The City Manager submitted a written
communication recommending appropriation of funds in connection with the '
traffic signal reconstruction of Franklin Road and Wonju Street.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following Budget Ordinance:
(#37977-121707) AN ORDINANCE to appropriate funding from the
developer's share of project funding for traffic signal reconstruction at the
Franklin Road and Wonju Street intersection, amending and reordaining certain
sections of the 2007-2008 Capital Projects Fund Appropriations and dispensing
with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 95.)
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Council Member Mason moved the adoption of Budget Ordinance No.
37977-121707. 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-____u________n__uuun_____u___________un_unu_~_________oonoooooo--__,_____n__7 .
NAYS: Non e oon_n_____nn_n__n_oo___oo_______noo___nnnnn____n_____nnoon____n__n___oo O.
CITY MARKET-BUDGET: The City Manager submitted a written
communication recommending transfer of funds in connection with renovation
of the Market Building Mezzanine restrooms.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Mason offered the following Budget Ordinance:
(#37978-121707) AN ORDINANCE to transfer funding from the Farmer's
Market Awning project to the Market Building Renovations project, amending
and reordaining certain sections of the 2007-2008 Capital Projects and Market
Building Funds Appropriations and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 96.)
Council Member Mason moved the adoption of Budget Ordinance No.
37978-121707. The motion was seconded by Council Member Fitzpatrick and
adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wisnneff
an d Mayo r H arri S----n___n____n__n_oo___u___n__oo______u__n_n___oooo___n______n---------oo-oo-___7 .
NAYS: Non e --___u______n_n________n_n__oooo____n__noo_oo__,_____noo_____-----00--00------00-_0.
REPORTS OF COMMITTEES:
SCHOOLS-BUDGET: The Roanoke City School Board submitted a written
report requesting a transfer and appropriation of funds to purchase and install
an emergency generator at Patrick Henry High School; and a report of the
Director of Finance recommending that Council concur in the request.
(For full text, see reports on file in the City Clerk's Office.)
98
Vice-Mayor Trinkle offered the following budget ordinance:
I
(#37979-121707) AN ORDINANCE to transfer funding from the
Emergency Generator project to the Patrick Henry High School project,
amending and reordaining certain sections of the 2007-2008 General, Capital
Projects and School Capital Projects Funds Appropriations and dispensing with
the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 97.)
Vice-Mayor Trinkle moved the adoption of Budget Ordinance No.3 7979-
121707. 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 _____nn__nnnn___nnn___n_______nn__________n__n________n_________nn____n__ 7 .
NAYS: Non e nn__nnnnnn__nnn_nn__nn__n______nn_______n___n__________-nnn-------O.
SCHOOLS-BUDGET: The Roanoke City School Board submitted a written
report requesting appropriation of funds to various school program accounts;
and a report of the Director of Finance recommending that Council concur in
the req uest.
I
(For full text, see reports on file in the City Clerk's Office.)
Council Member Mason offered the following budget ordinance:
(#37980-121707) AN ORDINANCE to appropriate funding from the
Commonwealth and Federal governments as well as from donations and fees,
amending and reordaining certain sections of the 2007-2008 School Fund
Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 98.)
Council Member Mason moved the adoption of Budget Ordinance No.
37980-121 707. 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_______________u_uuu_uuuun_u_n__nu_____________n_n_n____n__nnn______7 .
NAYS: Non e_u_nuuuu__u_u_u__n__n__________u_u____un__u___uu unnuu_n_u__u___O.
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UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: 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.
Helen E. Davis, 35 Patton Avenue, N. E., appeared before the Council to
express concern regarding the decrease of trees in the tree canopy in the City
of Roanoke.
At this point, Council Member Fitzpatrick left the meeting (2: 55 p.m.).
Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before the Council
concerning the various types of words expressed by the Council and City
Administration when speaking to certain citizens. She indicated that words
were either encouraging/discouraging or loving/hateful.
CITY MANAGER COMMENTS:
E-911-CELEBRATIONS: The City Manager commended the E-911 Center
on its recommendation for accreditation. She also read a poem citing
accomplishments of various City departments throughout 2007.
At 3:05 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened for a briefing on the Market Garage in the Council's
Conference Room, Room 451.
Market Garaqe Briefing
The City Manager advised that the Council had requested City staff to
define opportunities to reduce the cost of the various options relative to
renovations of the Market Garage as submitted to the Council for review at its
9:00 a.m. work session held on Monday, December 3, 2008 (See pages 64 - 67
in Journal Book No. 106), and she further advised that the consultants were in
attendance to present samples of material that could be used in connection
with the renovations.
100
Matthew Messick, consultant, Walter, Robbs, Callahan and Pierce, referred I
to copies of the October 18, 2007 presentation handouts and advised that it
was the consensus of the Council to support Option No.3. In connection with
the Council's request for additional information pertaining to the cost of
various options, he highlighted the following:
VE ITEMS
(1 )$170,000.00 - Reduce parapet height from 14'-0" a.f.f. To
4'-0" a.f.f. Eliminate brick veneer, CMU back-up, and
louvers on the parapet and lower the top cornice to create
a lower parapet condition around the perimeter. The stairs
tower heights would be maintained at the higher level as
currently exists.
(2) $190,000.00 - Change the top level precast cornice from
precast concrete to Exterior, Installation, Finishing,
System, E. I. F. S. (stucco variation) with metal stud
backup~ The cornice is approximately 80'-0" above the
street level.
(3) $300,000.00 - Change the intermediate level precast
cornices and panels from precast concrete to E. I. F. S with
the metal stud backup. The intermediate level cornices
and panels begin at approximately 14'-0" a.f.f.
I
(4) $140,000.00 - Change the ground level precast panels
from precast concrete to E. I. F. S. The ground level
precast panels occur from the ground level up to
approximately 14'-0" above the finish floor level. The
application of using E. I. F. S. at the ground level of the
deck needs to be carefully reviewed to determine what
additional protective and reinforcing measures need to be
taken to ensure its successful application.
(5) $1 70,000.00 - Change the brick veneer on the west and
south elevations to E. I. F. S. with metal stud backup.
(6) $330,000.00 - Change the brick veneer on the entire building to
E I .F. S. with metal stud backup.
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(7) $1 70,000.00 - Remove louvers from the west and south
elevations. The brick in each opening will be raised 3'-6" to
create a guardrail condition.
$1,300,000.00 - TOTAL POTENTIAL COST SAVINGS IF All VE
ITEMS ARE ACCEPTED
DESIGNER RECOMMENDATION
Upon reviewing the potential impact of the above-listed cost items
to the current Option 1 Facade Scheme, Walter, Robbs, Callahan,
and Pierce recommends to proceed with incorporating VE items 1,
2, 3, 4, and 7. The brick facade remains a very important design
feature in blending with the adjacent historic structure and
providing a rich texture and scale. The total potential cost savings
to incorporate VE items 1, 2, 3, 4, and 7 is $970,000.00.
If item 5 is accepted, then the primary north and east elevations
would still remain brick. The total potential cost savings to
incorporate VE items 1, 2, 3, 4, 5, and 7 is $1,140,000.00.
Changing the primary brick facade to E. I. F. S. is not recommended
since the brick component is such an important design feature to
the deck.
Discussion:
The City Manager indicated that the possible upper floor development did
not seem viable at the present time, and recommended that the cost be
deferred to the time of future development.
Mr. Messick advised that with a lighter frame structure, two floors could
possibly be added with little or no effort, if desired.
In terms of runoff, Vice-Mayor Trinkle inquired if E. I. F. S. would be
sufficient; whereupon, Mr. Messick replied that there was a special
reinforcement backup at ground level, which is currently being investigated.
The City Manager stated that staff was ready to proceed with the
recommended changes, however, she pointed out that there was still noted
concerns regarding the ground level as to whether the alternate product (Ifus)
would work well long term.
102
The City Manager advised that for clarification purposes, the cost of the I
garage would not be borne exclusively by the patrons accessing the garage,
adding that all patrons contribute to improvements to the parking garages.
Council Member Wishneff requested a response to his inquiry regarding
the least expensive cost, with limited aesthetic improvements; whereupon, Mr.
Anderson responded that there would be a lot of offset and variations. Council
Member Wishneff also inquired if one or two additional floors of parking could
be added to the deck as a part of the current project; whereupon, Mr. Anderson
replied in the affirmative.
Vice-Mayor Trinkle was not in agreement with Council Member Wish neff's
comments suggesting that the City opt for the least expensive cost. Therefore,
he suggested that the City continue with the upper floor development because
he was of the opinion that it would not be hard to sell the upper floor
development, and he remarked that he was in support of the second design
recommendation, with the removal of VE item number 5.
The City Manager shared revenue cost options, which would include
converting monthly parking to daily parking in the Center in the Square Parking
Garage.
I
Following in-depth discussion of the matter, it was the consensus of the
Council that the City proceed with Option 1 - Facade Scheme, incorporating VE
items 1,2, 3,4, 5, and 7,. for a total project amount of $6.2 million.
At 4:05 p.m., the Mayor declared the Council meeting in recess for closed
meeting to be held in the Council's Conference Room.
At 4:35 p.m., the Council meeting reconvened in the Council Chamber,
Mayor Harris presiding, and all Members of the Council in attendance, with the
exception of Council Member Fitzpatrick.
COUNCIL: With respect to the Closed Meeting just concluded, Mayor
Harris moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in any motion by which
any Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Council Member Dowe and adopted by
the following vote:
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AYES: Council Members Dowe, Lea, Mason, Trinkle, Wishneff and Mayor
HaLrris------------------------------------------------------------------------------------------------------------E>.
NAYS: Non e _______u________n___n___~_____n__n________________n___u______----n---------------O.
(Council Member Fitzpatrick was absent.)
TOWING ADVISORY BOARD: The Mayor called attention to vacancies on
the Towing Advisory Board created by the expiration of the terms of office of
Allen Wood, Charles R. Brown, and Robert Young ending October 31, 2007;
whereupon, he called for nominations to fill the vacancies:
The names of John W. Blankinship and Michael P. Wright were placed in
nomination.
There being no further nominations, Messrs. Blankinship and Wright were
appointed as members of the Towing Advisory Board for three-year terms, each,
ending October 31, 2010. Inasmuch as Mr. Blankinship is a non-City resident,
the City residency requirement will be waived in this instance.
At 4:35p.m., the Council meeting was declared in recess to be
reconvened at 7:00 p.m., in the Council Chamber, Room 450, Fourth floor,
Noel C. Taylor Municipal Building.
At 7:00 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, and
Mayo r C. N e I so n H arri su-u---nnn-_______n_____n_n________________n_________u______--------n---7 .
J\BSENlr: ---------------------------------------------------------------------------------------------().
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 Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor C. Nelson Harris.
104
PRESENTATIONS AND ACKNOWLEDGMENTS:
I
ACTS OF ACKNOWLEDGEMENTS-YOUTH: Members of the Youth Services
Citizen Board appeared before the Council and shared their experiences while
in attendance at the Annual National League of Cities Conference which was
held on November 13 - 17, 2007, in New Orleans, Louisiana. The participants
were Sherman P. Lea, Jr., Patrick Curtis, Megan Buschor, and Jameel A. McMillan.
(See comments on file in the City Clerk's Office.)
PUBLIC HEARINGS:
ZONING: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, December 17, 2007 at 7:00 p.m., or as
soon thereafter as the matter may be heard, with respect to Interactive Design
Group desire to purchase certain City owned property, designated as Official
Tax Map No. 1112411, containing approximately 18,655 square feet, located at
301-6th Street, S. W. (the former Fire Station No.3 property). The Company is
in the process of forming a new company, Bella Vita Holdings, LLC, under which
it has requested to take title to the property, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke I
Times on Friday, December 7, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a written communication recommending
execution of a deed of sale and completion of the sale of the property to
Interactive Design Group or its holding company, Bella Vista Holdings, LLC,
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 Mason offered the following ordinance:
(#37981-121707) AN ORDINANCE authorizing the City Manager to
execute the necessary documents providing for the conveyance of Official Tax
Map No. 1112411, located at 301 6th Street, S.W. (former Fire Station #3), to
Bella Vita Holdings, LLC, and dispensing with the second reading of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 101.)
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Council Member Mason moved the adoption of Ordinance No 37981-
121707. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present who wished to speak
with regard to the conveyance.
Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council in
opposition of the conveyance.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
There being no questions and/or comments by the Council Members.
Ordinance No.3 7981-121707 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s-----------------n--------n---__n__________________nn_________n--------u------------7 .
NAYS: Non e u------n----n___n___nn__n_______n___________________n_n_n_n___---u--n---n-O.
ZONING: . Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 17, 2007 at 7:00 p.m., or as soon thereafter as the matter
may be heard, to request from Roanoke Electric Steel to rezone property
located at 100 Westside Boulevard, N. W., bearing Official Tax No. 6021102,
from 1-2, Heavy Industrial District, to 1-1, Light Industrial District, for the
purpose of constructing a building for general office use, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2007 and Saturday, December 8, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the request, finding that rezoning the subject properties to be
consistent with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek
South Neighborhood Plan; and the 1-1 District's dimensional regulations and
uses will permit development of this underused industrial property.
(For full text, see communication on file in the City Clerk's Office.)
106
Council Member Mason offered the following ordinance:
I
(#37982-121707) AN ORDINANCE to amend 9 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, and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 72, page 102.)
Council Member Mason moved the adoption of Ordinance No 37982-
121707. The motion was seconded by Vice-Mayor Trinkle.
The Mayor inquired if there were persons present who wished to speak in
connection with the rezoning request. There being none, the Mayor declared
the public hearing closed.
Council Member Wishneff expressed sincere appreciation to Roanoke
Electric Steel on its efforts to enhance development in the City of Roanoke.
There being no additional comments by the Council Members, Ordinance
No.3 7982-121707 was adopted by the following vote:
I
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri S______________nn___nn__________________nnnn_____________________n________m______7 .
NAYS: Non e _u___u______u__n____________n____n_n____________n__ -------------------uu----u-o .
TAXATION-SPECIAL PERMITS: Pursuant to instructions by the Council, the
City Clerk having advertised a public hearing for Monday, December 17, 2007
at 2:00 p.m., or as soon thereafter as the matter may be heard, on the question
of adoption of an ordinance pursuant to 958.1-3651, Code of Virginia (1950),
as amended, approving the request of the Art Museum of Western Virginia, for
designation of its real property and its personal property as exempt from
taxation, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 7,2007.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Manager submitted a written communication recommending
exemption from real estate and personal property taxation to the Art Museum
of Western Virginia, effective January 1, 2008, if the organization agrees to pay
the subject service charges on the real estate by effective date, pursuant to
Article X, Section 6(a)(6), Constitution of Virginia.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37983-121 707) AN ORDINANCE exempting from real estate property
taxation certain real property, and exempting from personal property taxation
certain personal property located in the City of Roanoke of the Art Museum of
Western Virginia, 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. 72, page 104.)
Vice-Mayor Trinkle moved the adoption of Ordinance No 37983-121707.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
Council Member Wishneff commented on the proposed site.
The being additional comments by the Council Members, Ordinance No.
37983-121707 was adopted by the following vote: .
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s unu--n-u____un_u__________u_____nu_uuu___u_uu___unuu____n_n_____n__ 7 .
NAYS: Non e ----u7---n----u--_______u__u__nnu__n____u__________u______---uun---____u__O.
ZONING: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 17, 2007, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke Planning Commission to
amend Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as
amended, as follows:
108
(1) deletion of the word "Economic" from subsections (a) and (b) of I
See. 36.2-100, Title; (a)(l) of See. 36.2-510, General procedural
requirements; See. 36.2-521, General applicability; (f) of See. 36.2-
541, Conditional rezonings; (a)(2), (a)(3), and (b)(1) of See. 36.2-
815, Officers; agent; staff; special requests; (a)(2), (a)(3), and (b) of
See. 36.2-825, Officers; agent; staff; (a)(2) of See. 36.2-835,
Officers; staff; and Appendix A, Definitions, Agent to the
Architectural Review Board and Agent to the Planning Commission;
to update the reference to the applicable department;
(2) amendment of subsections (i)(1 )(B), (i)(3)(B), and U)(2) of See. 36.2-
205, Dimensional regulations, to clarify the calculation of the
second and additional front yards;
(3) amendment of subsection (e) of See. 36.2-314, Commercial
Districts (CN, CG, CLS), by replacing the term "pervious pavement"
with the term "permeable paver";
(4) amendment of subsections (b)(l) and (c) of See. 36.2-332,
Neighborhood Design Overlay District (ND), to clarify the
applicability and design standards for the Neighborhood Design
Overlay District as they relate to building location and massing,
roofs, entrances and windows, siding and trim, porches, and
additions and accessory structures;
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(5) amendment of Table 340-1, Use Matrix, of See. 36.2-340, to allow
amphitheaters as a permitted use in the INPUD, Institutional PUD;
(6) amendment of subsection (c)(2) of See. 36.2-403, Accessory uses
and structures, to delete the word "public" to clarify the permitted I
location of accessory structures relative to the principal building
and all streets;
(7) amendment of subsection (a) of See. 36.2-552, Basic development
plans, and subsection (d)(2) of See. 36.2-553, Comprehensive
development plans, to clarify a reference to Chapter 11.4,
Stormwater Management;
(8) amendment of subsections (a) and (b) of See. 36.2-621,
Applicability, to clarify the exclusion from the application of the
development standards certain maintenance of outdoor lighting;
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(9) amendment of subsection (c) of See. 36.2-622, Exempt lighting, to
clarify the exemption of certain accent directional lighting from the
development standards;
(10) amendment of See. 36.2-623, Definitions, to clarify the definition of
Flood or spot light, Fully shielded fixture, Light trespass, and to
add definitions for House shield and Replacement of outdoor
lighting;
(11) amendment of See. 36.2-624, Lighting plan, clarifying and
specifying the contents of lighting plan;
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(12) amendment of subsections (a), (b) and (c) of See. 36.2-625,
Outdoor lighting standards, to clarify and add certain standards
regarding outdoor lighting in general, electrical feeds, building
mounted uplighting, shielding, mounting heights and flood or spot
lights;
(13) amendment of subsection (b)(2) of See. 36.2-642, General
landscaping and screening materials, to reduce the minimum
height of evergreen or deciduous shrubs to eighteen inches;
(14) amendment of See. 36.2-645, Street yard trees, and subsection (a)
of See. 36.2-646, Fa<<;ade planting, to replace the word "public"
with the word "street" to clarify application to all street rights-of-
way;
(15) amendment of rows (3.), (4), (5) and (9) of Table 647-2, Required
Buffer Yards, of See. 36.2-647, to clarify the buffer yard
requirements for certain commercial districts and Downtown,
Mixed use, Institutional, INPUD and IPUD districts.
(16) amendment of subsection (a) of See. 36.2-649, Screening of
specific uses and facilities, by requiring that dumpsters and refuse
containers be screened regardless of visibility from adjacent streets
and adjoining properties;
(17) amendment of subsection (c) of See. 36.2-653, Maximum off-street
parking, to clarify the applicability of an exemption from the
maximum off-street parking requirements;
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(18) amendment of subsections (b), (d) and (f) of Section 36.2-654, Off-
street parking area standards, to clarify the construction standards,
location standards in an ND, Neighborhood Design Overlay District,
and driveway standards for off-street parking areas;
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(19) amendment of footnote 4 of Table 668-1, Types and number of on-
premises signs permitted by zoning districts, of See. 36.2-668, to
limit illuminated signs in the IN District to fifteen square feet;
(20) amendment of Division 6, Signs, by adding See. 36.2-676, 'On-
premises signs for nonconforming uses in residential districts, to
specify the type of signs allowed for nonconforming, nonresidential
uses in residential districts.
(21) amendment of Appendix A Definitions, to include a new definition
for Driveway entrance and Permeable paver system;
(22) amendment of subsections (b)(6), (b)(7) and (c) of Appendix B, See.
B-1, Basic Development Plan, to clarify the information required in a
basic development plan, the computation of a setback distance, I
and speCifying the submittal requirements for a basic development
plan under certain circumstances; and
(23) amendment of subsections (d)(3)(E), (d)(4)(K) and (d)(21 )(C), and
adding a new subsection (f) to Appendix B, See. B-2, Comprehensive
Development Plan, to clarify information required on a comprehensive
development plan and to add a requirement that a traffic impact
analysis be submitted to the Virginia Department of Transportation for I
consideration under certain circumstances pursuant to Section 15.2-
2222.1 of the Code of Virginia (1950), as amended.
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2007 and Saturday, December 8, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
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The City Planning Commission submitted a written report recommending
approval of the requested amendments, finding that the proposed amendments
to the Zoning Ordinance are consistent with, and will further the intent of,
Vision 2001-2020.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37984-121707) AN ORDINANCE amending and reordaining 936.2-100,
Title, 936.2-205, Dimensional regulations, 936.2-314, Commercial Districts
(CN. CG. CLS), 936.2-332, Neighborhood Desiqn Overlay District (ND), 936.2-
340, Use matrix, 936.2-403, Accessory uses and structures, 936.2-510, General
procedural requirements, 936.2-521, General applicability, 936.2-541,
Conditional rezoninqs, 936.2-552, Basic development plans, 936.2-553,
Comprehensive development plans, 936.2-621, Applicability, 936.2-622,
Exempt Iiqhting, 936.2-623, Definitions, 936.2-624, Liqhting plan, 936.2-625,
Outdoor Iightinq standards, 936.2-642, General landscapinq and screening
materials, 936.2-645, Street yard trees, 936.2-646, Facade planting, 936.2-647,
Buffer yards, 936.2-649, Screening of specific uses and facilities, 936.2-653,
Maximum off-street parking, 936.2-654, Off-street parkinq area standards,
936.2-668, Types and number of on-premises signs, 936.2-676, On-premises
siqns for nonconforming uses in residential districts, 936.2-815, Officers:
aqent: staff: special requests, 936.2-825, Officers: aqent: staff, 936.2-835,
Officers: staff, Appendix A, Definitions, and Appendix B, Submittal
requirements, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke
(1979), as amended, for the purpose of updating and clarifying the City's
zoning ordinance; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 106.)
Vice-Mayor Trinkle moved the adoption of Ordinance No 37984-121707.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
The being no questions and/or comments by the Council Members,
Ordinance NO.3 7984-121 707 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r Harri s -----nn------nn-oo-_____n_n_______n__u_____u_u__uu_u___----------------uun-7.
NAYS: Non e -nn---oo---oo--____oo__________n_oon____nn_______noo_____n_-----noo--------n---O.
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ZONING: Pursuant to Resolution 25523 adopted by the Council on I
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 17, 2007, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request from the City of Roanoke Planning Commission to
amend Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979),
as amended, as follows:
(1) amendment of subsection (b) of See. 31.1-202, Requirements for
subdivision site plan, to reference Chapter 11.4, Stormwater
Management;
(2) amendment of subsection (f) of See. 31.1-203, Subdivision
application, review and approval, to change the days to 12 within which
review must be completed;
(3) amendment of See. 31.1-204, Recording and distribution of an
approved subdivision plat, to delete the requirement of presenting a
plat on reproducible film and paper copies of the same;
(4) amendment of subsection (b) of See. 31.1-400, Standards for
streets, Table 400-1, to clarify that street lighting is required only when a
new street is created;
(5) amendment of subsection (a) See. 31.1-403, Land disturbing
activities and stormwater management, to reflect the new chapter
reference for stormwater management;
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(6) amendment of See. 31.1-404, Easements, to specify certain
standards for minimum widths of public drainage and water and sewer
easements;
(7) amendment of See. 31.1-600, Subdivision agent, to correct a
reference to the Department of Planning Building and Development;
(8) amendment of subsections (a)(l) and (d) of Appendix B, Section B-
2, Requirements for preliminary subdivision plans, to reflect the new
chapter reference for stormwater management and add a requirement
that a traffic impact analysis be submitted to the Virginia Department of
Transportation for consideration under certain circumstances pursuant to
Section 15.2-2222.1 of the Code of Virginia (1950), as amended;
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(9) amendment of subsection (b)(l )(D) of Appendix B, Section B-3,
Requirements for final subdivision plats, to amend the dedication
statement to clarify the rights of the Western Virginia Water Authority
upon recordation of certain easements; and
(10) amendment of subsections (a)(l) and (b)(4)(C) of Appendix B,
Section B-4, Requirements for final subdivision site plan, to reflect the
new chapter reference for stormwater management and to refer to
the stormwater management design manual;
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2007 and Saturday, December 8, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval of the proposed amendments, finding that the proposed amendments
to the subdivision ordinance are consistent with, and will further the intent of,
Vision 2007-2020.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37985-121707) AN ORDINANCE amending and reordaining 931.1-202,
Requirements for subdivision site plan, 931.1-203, Subdivision application,
review, and approval, 931.1-204, Recording and distribution of an approved
subdivision plat, 931.1-400, Standards for streets, 931.1-403, Land disturbing
activities and stormwater management, 931.1-404, Easements, 931.1-600,
Subdivision agent, and Appendix B, Submittal Requirements, of Chapter 31.1,
Subdivisions, of the Code of the City of Roanoke (1979), as amended, for the
purpose of updating and clarifying the City's subdivision ordinance; and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 72, page 131.)
Vice-Mayor Trinkle moved the adoption of Ordinance No 37985-121707.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
114
The being no questions and/or comments by the Council Members, I
Ordinance No.3 7985-121707 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri Sn_n______n______uuu_unn_u_____nn__n________u_uu__uuu____uuuu--------7 .
NAYS: Non eu__unuunn__n_u___n_u__un__u_______n__________________u___u---u------u-o.
ZONING: Pursuant to Resolution 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, December 17, 2007, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on a request from the City of Roanoke Planning Commission to
rezone the following properties: Official Tax No. 5090216 at 2048 Electric
Road, S.W., from MX, Mixed Use District, to CG, Commercial General District,
and Official Tax No. 1620112 at 2802 Brandon Avenue, S. W., from RMF,
Residential Multifamily District, to MX, Mixed Use District, in order to correct
the previous zoning and to place the subject properties in zoning districts
which are consistent with their current uses, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2007, and Saturday, December 8, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
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The City Planning Commission submitted a written report recommending
approval of the requested rezoning, finding that the application to rezone the
subject property to be consistent with the Zoning Ordinance, Vision 2007-2020,
and the Greater Raleigh Court Neighborhood Plan; and rezoning the subject
property to MX District is appropriate to the site's existing physical
improvem.ents, land use and the surrounding neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37986-121707) AN ORDINANCE to amend 9 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, and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 72, page 136.)
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Vice-Mayor Trinkle moved the adoption of Ordinance No 37986-121707.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
The being questions and/or comments by the Council Members,
Ordinance No.3 7986-121 707 was adopted by the following vote: .
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s-------nmn--____m________m________________nnm_m_____mm_______m_____nn 7 .
NAYS: Non e _Coo -n-n__u___n__n__n__oo_noo______n_nn____________nn_n____un____----n---O.
Vice-Mayor Trinkle offered the following ordinance:
(#37987-121707) 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, and dispensing with the second reading of this ordinance by
title.
(For full text of ordinance, see Ordinance Book No. 72, page 137.)
Vice-Mayor Trinkle moved the adoption of Ordinance No 37987-121707.
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 Harri Sn-nnn----____n_n_oo__n_____________oo________nn_____u____nnnn_oo___n__n____7.
NAYS: Non e -n--n-_U_n__nnn_______n_n_nnnn___n_____________n_______nnn------__nn_O.
EASEMENT: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, December 17, 2007 at 7:00 p.m., or as
soon thereafter as the matter may be heard, on the request of the City of
Roanoke for a proposal to grant a permanent storm water drainage and access
easement, with an approximate width of 20 feet and 350 feet in length, and a
temporary construction access easement with an approximate width of 40 feet,
extending from the proposed New Hurt Park subdivision through Hurt Park
Elementary School, to Hurt Park, LP, across City-owned property identified by
Official Tax Map Nos. 1210634 and 1210320, in connection with the
development of that subdivision, the matter was before the body.
116
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 7, 2007.
(See publisher's affidavit on file in the City Clerk's Office.)
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The City Manager submitted a written communication recommending
authorization to execute the appropriate documents granting the permanent
drainage and temporary construction easements, 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:
(#37988-121707) AN ORDINANCE authorizing the execution of a Deed of
Easement granting to Hurt Park, LP, a permanent 20 foot wide drainage
easement, containing 6,911 square feet, together with a 40 foot wide
temporary construction easement, across City owned property designated as
Tax Map No. 1210320, located at Hurt Park Elementary School, 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. 72, page 139.)
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Vice-Mayor Trinkle moved the adoption of Ordinance No 37988-121707.
The motion was seconded by Council Member Mason.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
The being no questions and/or comments by the Council Members,
Ordinance No.3 7988-121707 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
and Mayo r H arri Sn___nn__u___________________u____unuunnnnnn_.uuu--nuun----------------7.
NAYS: Non e______uuu__u_u_uu__uunu_______________________________u___---u-~------------O .
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CITY-OWNED PROPERTY-RESTRICTIVE COVENANTS Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing for
Monday, December 17, 2007 at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke for a proposal to place
restrictive covenants on City-owned property designated as Official Tax Map
No. 6140706 located at 1909 Meadowbrook Road, which property was
purchased through the Federal Emergency Management Act Hazard Mitigation
Grant Program is located in a 100 year flood plain; and the terms of the grant
require the City to place certain restrictive covenants on the property that
restrict the purposes for which the property can be conveyed and the structures
that may be constructed on the property, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 7, 2007.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report recommending
authorization to execute a deed of restriction.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Trinkle offered the following ordinance:
(#37989-121707) AN ORDINANCE authorizing the City Manager to
execute a Deed of Restriction for property owned by the City of Roanoke,
identified as Tax Map No. 6140706, located at 1909 Meadowbrook Road, in 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. 72, page 140.)
Vice-Mayor Trinkle moved the adoption of Ordinance No 37989-121707.
The motion was seconded by Council Member Fitzpatrick.
The Mayor inquired if there were persons present who wished to speak in
connection with the matter. There being none, the Mayor declared the public
hearing closed.
The being questions and/or comments by the Council Members,
Ordinance No.3 7989-121707 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff
an d Mayo r H arri s ---un--------_u_____uu_u________unu____u___________u_n__u_n______u__n______ 7 .
NAYS: Non e --------n-___u______n____n_________n_____________n______n--uu-------n______n__O.
118
OTHER BUSINESS:
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ARCHITECTURAL REVIEW BOARD-HOUSING: A Petition for Appeal of a
decision of the Architectural Review Board in connection with denial of a
Certificate of Appropriateness, filed by Roger Vest, Vice-President, Real Estate
Development, Roanoke Redevelopment and Housing Authority, for the
demolition of a house at 806 Marshall Avenue, S. W., was before the Council.
Mr. Vest shared background information regarding the structure, advising
that it was in disrepair and an eyesore in the old southwest neighborhood. He
pointed out that the Housing Authority had attempted to identify a developer to
rehabilitate the property, but has had no feasible offers, and he urged the
Council to overturn the decision of the Architectural Review Board.
(See Petition for Appeal on file in the City Clerk's Office.)
Robert Richert, 415 Allison Avenue, S. W., appeared before the Council in
support of the decision rendered by the Architectural Review Board, and he
urged the Council to allow an investment to take place. He distributed a
diagram of homes that are still in existence after 85 years. He indicated that
the condition of the house was as much a failure of the City coding I
enforcement efforts as it was the negligence of a string of property owners over
a 20-year period; and he gave instances where individuals were investing their
own money in the 400 and 500 block of Day Avenue, the 800 and 900 block of
Marshall Avenue.
William D. Bestpitch, Member, Architectural Review Board, appeared
before the Council to request that the matter be tabled in order for the
Department of Neighborhood Services to have an opportunity to study the
matter further in order to allow developers to. He was of the opinion that the
Council had received an inaccurate presentation of the real possibilities of what
could be accomplished with a small investment of $40,000.00 - $50,000.00 in
one piece of property that could have a beneficial effect on as many as five or
six properties. He expressed his concerns with regard to the documentation
cited in the application for the demolition permit. He highlighted the following
information:
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1. The purpose and the necessity of the demolition. are in
accordance with the intent of the historic neighborhood over lay
district page 2;
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2. Lost of the structure would not be adverse to the district or at
public interest by virtue of its uniqueness or its contribution to
the district; and
3. Demolition would not have an adverse effect on the character
and surrounding environment of the district.
He stated that the City Attorney Office had advised the Board that the
three abovementioned conditions had to be present prior to the approval of a
demolition permit; and he felt that the same ruling should apply in order for the
Council to overturn the decision that had been rendered by the Architectural
Review Board.
Mr. Richert stated that the Roanoke Preservation Foundation also was in
support of the decision rendered by the Architectural Review Board.
Following discussion, the Mayor noted that three citizens had signed up
to speak before the Council with regard to the matter and inquired of the
citizens if they were willing to waive their right to if the matter was tabled;
whereupon, all three citizens responded in the affirmative.
Council Member Fitzpatrick suggested that the Council table the matter
longer since it might be difficult to coordinate efforts with interested parties
within 60 days, and therefore, he would offer a motion to table the matter for
six months. The motion was seconded by Council Member Mason.
Following additional questions and comments by the Council, the motion
was unanimously adopted.
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.
EMERGENCY MEDICAL SERVICES: Chris Craft, 1501 East Gate Avenue, N.
E., appeared before the Council with regard to the City's ability to respond to
life threatening events, such as heart attacks, choking, etc., on City premises.
The City Manager responded that defibrillators were accessible in all City
facilities as well as trained staff personnel.
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CITY GOVERNMENT: Robert Gravely, 727 29th Street, N. W., appeared I
before the Council and spoke about urban renewal.
There being no further business, the Mayor declared the Council meeting
adjourned at 8:30 p.m.
APPROVED
ATTEST:
~ d'"Y1. Y'v\ Oe-.u
Stephanie M. Moon ' C
City Clerk
Cll~~
c. Nelson Harris
Mayor
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