City Council

638 ROANOKE CITY COUNCIL- REGULAR SESSION July 20, 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, July 20, 2015, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers 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. 40280-070615 adopted by the Council on Monday, July 6, 2015. PRESENT: Council Members Court G. Rosen (arrived late), David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea , and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, 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 Boy Scout Troop No. 5 of Williamson Road, N. W. Mayor Bowers expressed condolences to the family of Ailyah Lipton, a two year toddler that was shot and killed by her father on Saturday, July 18, 2015, in front of her residence on Oakland Boulevard, N. E. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate.  639 Tommy Jordan, 5901 Carolina Trail, Roanoke County, representing Life Ring Foundation, appeared before the Council, and shared information regarding the 2015 Summer Concert Series to be held in Elmwood Park. (See copy of flyer on file in the City Clerk's Office.) Mayor Bowers mentioned that Kelly Woolwine, Roanoke-based area Foundation is actively involved with the STAR City Reads program and extended an invitation for Mr. Woolwine to attend a future Council meeting. Council Members Ferris and Lea also expressed appreciation to the Foundation for its behind the scene efforts to the citizens of the City of Roanoke. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about the recent gun violence in the City and across the country. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to two requests for Closed Meeting. CITY COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2015 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the request of the Mayor as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) 640 CITY ATTORNEY: A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel to discuss the status of litigation where such consultation in an open meeting would adversely affect the negotiating or litigating posture of the public body, 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 Ferris moved that the Council concur in the request of the City Attorney as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) BUILDING AND FIRE CODE BOARD OF APPEALS: A communication from the City Clerk advising of the resignation of Kirk Bates as a member of the Building and Fire Code Board of Appeals, effective immediately, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) PARKS AND RECREATION ADVISORY BOARD: A communication from the City Clerk advising of a vacancy created by unexcused absences of Sonya Echols as a member of the Parks and Recreation Advisory Board for a term of office ending March 31, 2016, was before the body. (See communication on file in the City Clerk's Office.)  641 Council Member Ferris moved that the communication be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD-WESTERN VIRGINIA WATER AUTHORITY-BUILDING AND FIRE CODE BOARD OF APPEALS-ROANOKE NEIGHBORHOOD ADVOCATES-ROANOKE ARTS COMMISSION: Reports of qualification of the following individuals were before the Council: The Honorable Anita J. Price (At-Large), Heidi Schmidt (At-Large), and Dawn C. Board for one-year terms of office, each, commencing July 1, 2015 and ending June 30, 2016; Marcus E. Huffman (At-Large), Benjamin Bazak (At-Large), and Karen Pillis (Public) for two-year terms of office, each, commencing July 1, 2015 and ending June 30, 2017; Lorena Wilson (At-Large), Crystal L. Hall (Public), Charlsie E. Parker (Public), and Ray F. Bemis, Ill, (Public) for three-year terms of office, each, commencing July 1, 2015 and ending June 30, 2018, as members of the Youth Services Citizen Board; Wayne F. Bowers as a City of Roanoke representative of the Western Virginia Water Authority for an initial term of office ending June 30, 2019; Robert L. Price, Ill, (Builder) and Patrick J. Williams (Engineer) as members of the Building and Fire Code Board of Appeals for three-year terms of office, each, ending June 30, 2018; D. David Parr, Jr., as a member of the Roanoke Neighborhood Advocates for a three-year term of office ending June 30, 2018; and Amy G. Moorefield as a member of the Roanoke Arts Commission for a three-year term of office ending June 30, 2018. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 642 Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION : FIRE/EMS-BUDGET-GRANTS: The City Manager submitted a written communication recommending appropriation of additional grant funds from the Department of Fire Programs to supplement the Fire-EMS budget in the General Fund. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#40297-072015) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 607.)  643 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40297-072015. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD-HUMAN SERVICES-BUDGET: The City Manager submitted a written communication recommending acknowledgement of Western Virginia Workforce Development Board Program Year 2014 Workforce Investment Act (WIA) transition funding for award period January 1, 2014 to December 31, 2015. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#40298-072015) A RESOLUTION acknowledging and recognizing the PY2014 Workforce Investment Act ("WIA'') and Workforce Innovation and Opportunity Act ("WIOA") funding from the Virginia Community College System in the amount of $15,000.00 for the PY2014 WIA Transition funds for WIOA Transition Activities, for the award period of January 1, 2014, through December 31, 2015, the foregoing funding to be administered by the Western Virginia Workforce Development Board ("WDB"). (For full text of resolution, see Resolution Book No. 77, page 607.) Council Member Lea moved the adoption of Resolution No. 40298-072015. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) 644 COMMENTS BY THE CITY MANAGER. The City Manager shared the following comments: Greenway Ribbon-Cutting • The Roanoke River Greenway is one mile closer to full connectivity with the opening of a new section that intersects Peters Creek Road. • Roanoke Parks and Recreation will hold an official ribbon-cutting ceremony on Friday, July 24, at 11 :00 a.m. • Council members are invited to attend this event. • Parking for the ceremony will be near the cul-de-sac at the end of Blue Ridge Drive. • This section of the greenway begins at Ariel Way Drive and passes under Peters Creek Road, where it travels adjacent to Blue Ridge Drive. The paved pathway terminates at the Salem City line right next to the MB Contractors corporate office building. National Night Out • Tuesday, August 4 • This event takes place all over the country on the first Tuesday night in August. • Purpose: o Heighten drug prevention awareness. o Generate support for participation in local anti-crime programs. o Strengthen neighborhood spirit and police-community partnerships. • Neighborhood groups that have events planned include: o Airlee Court Neighborhood Watch: LIGHT UP THE NIGHT o Fairland Civic Organization: ANNUAL NEIGHBORHOOD FISH FRY AND BLOCK PARTY o Melrose Rugby Neighborhood Forum, Inc., and Loudon Melrose Neighborhood Organization, Inc.: NEIGHBORHOOD BLOCK PARTY o Northwest Neighborhood Environmental Organization, Inc.: 2ND ANNUAL COMMUNITY PARTY o Southeast Action Forum, Inc., Starview Heights Neighborhood Watch , Riverdale Farm Neighborhood Association , Kenwood Neighbors, Belmont Neighborhood Association: 4th ANNUAL SE NEIGHBORHOOD CELEBRATION • More information can be found at roanokeva .gov/nno  645 Roanoke Fire-EMS will partner with Mattei Toys to participate in their 2015 "Supreme Hero" Matchbox Car Collection • This partnership was first forged in 2011 when Mattei approached the department about being a part of their "Hometown Heroes" campaign. • The campaign was a huge success and Roanoke Fire-EMS was showcased in various toy and other specialty stores across the country. • This is a great way to showcase our internationally accredited Fire- EMS Department and we are pleased that Mattei chose to partner with us for a second time. Sample cars have been provided to City Council, and be sure to keep an eye out for the Roanoke Fire-EMS Brush Truck wherever Matchbox Toys are sold CITY ATTORNEY: TAXES: The City Attorney submitted a written report recommending approval of a refund to Glenn D. Cowden for an incorrect assessment of real property situated at 0 Lilac Avenue, N. W. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40299-072015) A RESOLUTION authorizing and directing the City Treasurer to refund to Glenn D. Cowden an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on 0 Lilac Avenue, N. W., Roanoke, Virginia, bearing Official Tax Map No. 2631010, previously owned by Glenn D. Cowden (the "Parcel") for the 2015, 2014, 2013, and 2012 tax years, together with interest at the annual rate of 10%, in accordance with the provision of Section 58.1-3981.A of the Code of Virginia (1950) as amended; and authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce this Resolution. (For full text of resolution, see Resolution Book No. 77, page 609.) Council Member Ferris moved the adoption of Resolution No. 40299-072015. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) 646 The City Attorney called attention to a Certification of the Commissioner of the Revenue in connection with the erroneous real estate tax assessment for the abovementioned parcel of real estate situated at 0 Lilac Avenue, N. W. (See copy of Certification on file in the City Clerk's Office.) Without objection by the Council, the Mayor stated that the Certificate would be received and filed. DIRECTOR OF FINANCE: TAXES-CITY CODE: The Director of Finance submitted a written report recommending amendment of the City Code to reflect interest on delinquent non-tax accounts receivables only be assessed on the principal amount owed, only. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#40300-072015) AN ORDINANCE amending Section 2-178.1, Interest rates on overdue accounts, of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the assessment of interest on the principal amount only, of delinquent non-tax accounts receivables owed the City, as authorized pursuant to Section 15.2-105 of the Code of Virginia (1950) as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 610.) Council Member Lea moved the adoption of Ordinance No. 40300-072015. The motion was seconded by Council Member Ferris. Following the Director of Finance's response to questions and comments by the Council regarding the upgrade to the Advantage Financial System, Ordinance No. 40300-072015 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.)  647 REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; 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 Bestpitch offered the following budget ordinance: (#40301-072015) AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 611.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40301- 072015. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-5. NAYS: None-0. (Council Member Price was absent.) (Council Member Rosen was not present when vote was recorded.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. At 2:47p.m., the Council meeting was declared in recess for a Closed Meeting in the Council's Conference, Room 451, and to be reconvened at 7:00 p.m. in the Council Chamber. Council Member Rosen arrived at the commencement of the Closed Meeting (3:00p.m.) 648 At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL: With respect to the Closed Meeting just concluded Council Member Rosen 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 Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) PUBLIC HEARINGS: ZONING-SOUTHEASTERN SITE ACQUISITIONS , LLC: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N. E., bearing Official Tax Map No 7130116, 2512 Daleton Road, N. E., bearing Official Tax Map No. 7130102, 0 Orange Avenue, N. E., bearing Official Tax Map No. 7130103, from CLS, Commercial-Large Size District, and 2548 Orange Avenue, N. E., bearing Official Tax Map No. 7130101,  649 from CG, Commercial-General District, to MXPUD. Mixed Use Planned Unit, Development District, subject to certain proffered conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, June 30, 2015, and Tuesday, July 7, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the rezoning request, finding that the Amended Application No. 1 (Revised) is consistent with the City's Comprehensive Plan, Hollins/Wildwood Area Plan, .and the Zoning Ordinance as it maximizes development potential of the site in a manner that is sensitive to its relationship with the adjoining neighborhood, adding that the as a MXPUD, the development plan is binding for future development and the development standards are set forth on the development plan. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40302-072015) AN ORDINANCE to rezone certain property located at one (1) unaddressed lot on Daleton Road, N. E., 2512 Daleton Road, N. E., one (1) unaddressed lot on Orange Avenue, N. E., and 2548 Orange Avenue, N. E., subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (Forfull text of ordinance, see Ordinance Book No. 77, page 612.) Council Member Ferris moved the adoption of Ordinance No. 40302-072015. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. Chris Craft, President, Wildwood Civic League, appeared in support of the approval of the rezoning request. Sharon Altice, 2515 Daleton Road, N. E., appeared before the Council and expressed concern about the stormwater run-off from the construction of the apartments; and she asked the City to take into consideration her concerns. lan Shaw, Agent, City Planning Commission, noted the City is aware of the concerns expressed by Ms. Altice; adding no permits will be issued if petitioner does not comply with stormwater management, adequate channel, and other applicable regulations. 650 Maryellen Goodlatte, Attorney, representing the petitioner, appeared before the Council in support of Council's approval of the Amended Application No. 1 (Revised), advising that as a MXPUD, the development plan is binding for future development, with development standards as set forth on the plan. There being no additional speakers, Mayor Bowers declared the public hearing closed. After general remarks by the Council, Ordinance No. 40302-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) ZONING-VIRGINIA LUTHERAN HOMES, INC.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Virginia Lutheran Homes, Inc., to amend certain proffered conditions as part of a rezoning of property located at 3804 Brandon Avenue, S. W., bearing Official Tax Map. No. 5180304, previously accepted by Roanoke City Council on January 19, 2010, pursuant to Ordinance No. 38709-011910, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, June 30,2015, and Tuesday, July 7, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Original Application to be consistent with the City's Comprehensive Plan, Greater Deyerle Neighborhood Plan, and Zoning Ordinance as it allows for continued development of the site in a manner that is sensitive to its relationship with the adjoining neighborhood. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance:  651 (#40303-072015) 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, by repealing Ordinance No. 38709-011910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, and by placing new proffers on the subject property as such proffers are set forth in new plans; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 613.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40303-072015. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present who wished to speak on the matter. G. Allen Thompson, 3804 Brandon Avenue, S. W ., Apartment No. 8401, appeared in support of the amendment. Sandra Ferris, 3804 Brandon Avenue, S. W., Apartment No. 8402, appeared before the Council and spoke in support of the amendment. Margaret Coles, 3804 Brandon Avenue, S. W., Apartment No. 8424, appeared before the Council and spoke in support of the amendment. Dr. Douglas Tuggle, 3804 Brandon Avenue, S. W., Apartment No. 8405, also appeared before the Council and spoke in support of the amendment. Ron Milan, 3411 Valentine Road, S. W., appeared before the Council, appeared before the Council and spoke in opposition of the amendment, stating that the proffered conditions were not adhered nor did the City hold the petitioner accountable. He believed that the proposed amendment will have a negative effect on the community and the tax base of the City of Roanoke. Maryellen Goodlatte, Attorney, representing the petitioner, addressed concerns expressed by Mr. Milan; she shared photos from the 2010 development depicting enhanced plantings on Valentine Road, S. W. She pointed out that the number of existing mature hardwood trees and areas of relatively dense deciduous undergrowth within the landscape buffer zone have been generally successful, some have not thrived; and consequently, an updated landscape plan has been proffered in order to supplement the existing vegetation with species that should be better able to thrive within the mature landscaped buffer zone. 652 Ms. Goodlatte explained that unlike the previous landscape plan which focused on enhancing plantings closest to the Valentine Road adjoining property owners, the updated landscape plan provides evergreen planting areas towards the crest of the landscape buffer zone. There being additional speakers, Mayor Bowers declared the . public hearing closed . Following questions and/or comments by the Council Members, along with sufficient responses from Ms. Goodlatte pertaining to the proposed development plan and petitioner's willingness to comply with the proffered conditions, Ordinance No. 40303-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) ZONING-FEE COMPENDIUM: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to consider an ordinance amending the City's Fee Compendium to establish the following new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the Board of Zoning Appeals, such new fees based upon authority granted to the City of Roanoke by Section 15.2-2286, Code of Virginia (1950), as amended: Legal advertising fee for a zoning amendment application - $550.00; legal advertising fee for a special exception application amendment - $250.00; legal advertising fee for a variance application - $250.00; and legal advertising fee for an appeal to the Board of Zoning Appeals - $250.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, June 30, 2015, and Tuesday, July 7, 2015. (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 on the proposed amendment to the City's Fee Compendium to establish fees for zoning actions that require public hearing notices, such fees to be effective upon adoption by City Council. (For full text, see report on file in the City Clerk's Office.)  653 Vice-Mayor Trinkle offered the following ordinance: (#40304-072015) AN ORDINANCE amending the Fee Compendium to create new legal advertising fees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 615.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40304-072015. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 40304-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) ZONING-BROWN-ROBERTSON PARK: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to vacate an approximate 0.556 acre portion of City-owned property at Brown-Robertson Park, designated as Official Tax Map Nos. 2050307 and 2050402, to create a right-of-way to realign 1oth Street, N. W.; and the dedication by Virginia Department of Transportation of a 0.220 acre portion of property across 10th Street, N. W., to create a trail head parking area as part of an agreement with the National Park Service and Virginia Department of Conservation and Recreation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, June 30,2015, and Tuesday, July 7, 2015. (See publisher's affidavit on file in the City Clerk's Office.) 654 The City Planning Commission submitted a written report recommending approval of the request to vacate and release the public's right to use an approximately 0.556 acre portion of Brown-Robertson Park to create right-of-way needed for the realignment of 1oth Street, N. W. As part of the realignment, the Virginia Department of Transportation will convey 0.220 acres of property across 1oth Street to create a trailhead parking area as part of an agreement with the National Park Service and the Virginia Department of Conservation and Recreation, such area to become part of Brown-Robertson Park. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40305-072015) AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown-Robertson Park and by dedicating an approximately 0.220 acre parcel of property across 10th Street, N. W., from Brown- Robertson Park to Brown-Robertson Park; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 616.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40305-072015. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 40305-072015 was adopted by the following vote: A YES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) STORMWATER DRAINAGE IMPROVEMENT PROJECT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, July 20, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, to consider an ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings, pursuant to Section 15.2-1904 and Sections 25.1-300 et. seq., of the Code of Virginia (1950), as amended, for the Fresno Street-Aspen Street Drainage Improvements Project, such easements to be across, on, and under the  655 following described parcels of real property (i) located at 1535 Fresno Street, N. W., bearing Official Tax Map No. 2460285 and owned by the Estate of Terry McGeorge, and (ii) located at 1541 Fresno Street, N. W. , bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Street-Aspen Street corridor to alleviate stormwater runoff, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 29, 2015, and Monday, July 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to acquire the following the easements from the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown: ( 1) Authorize City staff to attempt to acquire the easements identified above from the Estate of Terry McGeorge by negotiation, and offer the Estate of Terry McGeorge the amount of $851.30, or the forthcoming appraisal amount, whichever amount is greater, as the Estate of Terry McGeorge's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (2) Authorize City staff to attempt to acquire the easements identified above from Paula R. Vineyard and Cynthia D. Vineyard Brown by negotiation, and offer Paula R. Vineyard and Cynthia D. Vineyard Brown the amount of $1 ,061 .65, or the forthcoming appraisal amount, whichever amount is greater, as Paula R. Vineyard and Cynthia D. Vineyard Brown's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (3) If such attempts at negotiation with the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2-1904, and Section 25.1-300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2460285 and Tax Map No. 2460284 to acquire such easements needed for the Project, and commence work on the Project. 656 (4) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Estate of Terry McGeorge; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1-300 et. seq., Code of Virginia (1950), as amended, (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $1 ,061.65, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1-300 et. seq., Code of Virginia (1950), as amended, (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40306-072015) AN ORDINANCE authorizing the acquisition of permanent drainage easements and a temporary construction easement on, over, and across certain parcels of real property, all in connection with the Fresno Street/Aspen Street Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick-take powers to acquire such permanent drainage easements and a temporary construction easement with respect to certain parcels of real property pursuant to Section 15.2-1904 and Sections 25.1-300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Fresno Street/Aspen Street Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick-take powers; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 619.)  657 Vice-Mayor Trinkle moved the adoption of Ordinance No. 40306-072015. The motion was seconded by Council Member Lea. Sherman M. Stovall, Assistant City Manager for Operations, gave a brief overview of the project, noting that the neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties; and constructing the proposed storm drain system along said corridor would correct known drainage problems in the neighborhood. Mr. Stovall pointed out that while City staff acquired the necessary real property interests from 10 of the affected property owners, City staff was unable to acquire certain easements needed for the Project from three owners, which have an estimated value of $10,000.00, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Dwayne D'ardenne, Stormwater Manager, gave an overview of the three of 237 projects totaling $2.4 million that have been fully designed, vetted through the design development review process, and fully funded: First Project - Fresno-Aspen - No. 6 Estimated project cost of $700,000.00. Been in negotiations for approximately 15 months 16 parcels will benefit from the project 8 easements have been acquired 2 easements pending at an approximate value of $1,900.00 Second Project - Queen-Courtland - No. 2 Estimated project cost of $1.4 million Been in negotiations for approximately 18 months 22 parcels will benefit from the project 13 easements have been acquired 2 easements are outstanding The City Attorney called attention to a 34 7 square feet parcel and a five foot storm drain easement containing 248 square feet, whereby Galen Eskew has accepted the City's offer; however, the parties have been unable to close this transaction because the real estate at issue is encumbered by a deed of trust held by Green Tree Servicing, LLC. He noted that despite the City's efforts at requesting Green Tree to release the property interests needed by the City from the deed of trust, which efforts included offering to pay Green Tree the just compensation offered to Mr. Eskew to be applied to the balance of the loan with Green Tree, Green Tree refuses to release the real estate interests needed by the City unless Mr. Eskew's loan balance is paid down by approximately $21,000.00, which the parties are unable to do. 658 Third Project - Cove-Andrews - No. 15 Estimated project cost of $300,000.00. Been in negotiations for approximately 15 months th acquisition process City is going through 4 parcels will benefit from the project 1 easement has been acquired 1 easement pending (See copy of presentation on file in the City Clerk's Office.) Mr. Callaghan pointed out that in being consistent with the requirements of State Code, the City has identified the amount of money offered to acquire each of the properties. The City also is going to will pay the higher amount to third party appraisals if the appraisal is higher. Mr. Stovall thought it was also important to note that two of the projects have been redesigned and further redesigned was not possible to mitigate the easements that were needed to ensure that the projects moved forward. Following ongoing dialogue from several Council Members regarding acquisition of various easements by "Quick Take" eminent domain, the Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed, and Ordinance No. 40306-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) STORMWATER DRAINAGE IMPROVEMENT PROJECT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, July 20, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, to consider an ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings, pursuant to Section 15.2-1904 and Sections 25.1-300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue-Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N. W.,  659 bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (ii) located at 0 Courtland Road, N. W., bearing Official Tax Map No. 2060746, and owned by Virginia Patterson, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Queen Avenue-Courtland Road corridor to alleviate stormwater runoff, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 29, 2015, and Monday, July 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to acquire the following the easements from Galen Eskew and Virginia Patterson: ( 1) Declare that the Project constitutes a public use within the meaning of Section 1-219.1 of the Code of Virginia ( 1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project, (2) Authorize City staff to attempt to acquire the easements identified above from Galen Eskew by negotiation, and offer Galen Eskew the amount of $2,283.86, or the forthcoming appraisal amount, whichever amount is greater, as the Galen Eskew's just compensation for conveyance of the easement and fee interest to the City, and damages to residue of his property. (3) Authorize City staff to attempt to acquire the easements identified above from Virginia Patterson by negotiation, and offer Virginia Patterson the amount of $3,395.70, or the forthcoming appraisal amount, whichever amount is greater, as Virginia Patterson's just compensation for conveyance of the easements to the City, and damages to the residue of her property. (4) If such attempts at negotiation with Galen Eskew and Virginia Patterson are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2-1904, and Section 25.1-300 ET. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2060702 to acquire such fee simple interest and easement needed, and Tax Map No. 2060746 to acquire such easements, and commence work on the Project. 660 (5) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Galen Eskew; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1-300 et. seq., Code of Virginia (1950), as amended, (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395. 70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Virginia Patterson; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1-300 et. seq., Code of Virginia (1950), as amended, (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#40307-072015) AN ORDINANCE authorizing the acquisition of permanent drainage easements on, over, and across certain parcels of real property, the acquisition of a temporary construction easement on, over, and across a certain parcel of real property, and the acquisition of a fee right-of-way with respect to a certain parcel of real property, all in connection with the Queen Avenue/Courtland Road Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick-take powers to acquire permanent drainage easements, a temporary construction easement, and a fee right-of-way, with respect to certain parcels of real property pursuant to Section 15.2-1904 and Sections 25.1-300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue/Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick-take powers; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 623.)  661 Council Member Rosen moved the adoption of Ordinance No. 40307-072015. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 40307-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) STORMWATER DRAINAGE IMPROVEMENT PROJECT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, July 20, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to acquire various easements by "quick take" condemnation proceedings for the Cove Road-Andrews Road, N. W. Drainage Improvement Project, such easements to be across, on, and under a certain parcel of real property located at 1610 G:;ove Road, N. W., in order to alleviate stormwater runoff, the matter was before the body. Legal advertisement of the public hearing was published in _The Roanoke Times on Monday, June 29, and Monday, July 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to acquire the following the easements from Joseph C. Moorman and Mary D. Moorman: ( 1) Declare that the Project constitutes a public use within the meaning of Section 1-219.1, the Code of Virginia (1950) as amended, and that the easements identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Joseph C. Moorman and Mary D. Moorman by negotiation, and offer the Moormans the amount of $2, 162.87, or the forthcoming appraisal amount, whichever amount is greater, as the Moormans' just compensation for their conveyance of the easements to the City. 662 (3) If such attempt at negotiation with Joseph C. Moorman and Mary D. Moorman is unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2-1904, and Section 25 .1-300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2450207 to acquire such easements and commence work on the Project. (4) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2, 162.87, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Moormans; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1-300 et. seq., Code of Virginia ( 1950), as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40308-072015) AN ORDINANCE authorizing the acquisition of a permanent drainage easement and the acquisition of a temporary construction easement, on, over, and across a certain parcel of real property, all in connection with the Andrews/Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick-take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2-1904 and Sections 25.1-300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews/Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick-take powers; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 628.) Council Member Ferris moved the adoption of Ordinance No. 40308-072015. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present who wished to speak on the matter.  663 Estelle McCadden, 2128 Mercer Avenue, N. W., appeared before the Council regarding the easements off of Cove Road and Andrews Road, N. W., noting the dangerous curb, and standing water. Following additional comments, Mayor Bowers declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 40308-072015 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) HEARING OF CITIZENS UPON PUBLIC MATIERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. The following individuals appeared before the Council to seek support from the Council regarding an increase in the minimum wage: Jason Lambert, 641 Yorkshire Street, Salem, Ricardo Valdivieso, 130 Loudon Ridge Road, Boones Mill, Stevenson Moon, Ill, 3348 Hershberger Road, N. W. Martin Jeffrey, 421 Fairfax Avenue, N. W. Mayor Bowers explained that Virginia was a Dillon Rule State and therefore, City Council did not have jurisdiction; and the authority to change the minimum wage law was the Virginia General Assembly. Following additional comments from the Council in support on an increase in the minimum, the matter was referred to the City Manager for review and report findings to the Council. Shawn Hunter, 4701 Edgelawn Avenue, N. W., appeared before the Council and shared information about Community Cultivators Inc., presenting an event, "Revitalizing Our Community "Putting Roanoke Back to Work" Street Rally on Friday, July 24 from 11:00 a.m.-8:00p.m., at 11th Street and Melrose Avenue, N. W. (See copy of flyer on file in the City Clerk's Office.) 664 There being no further business, Mayor Bowers declared the Council meeting adjourned at 9:01 p.m. APPROVED ATTEST: gQ~ David A. Bowers Mayor