City Council

55 ROANOKE CITY COUNCIL-REGULAR SESSION August 15, 2016 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, August 15, 2016, 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 Sherman P. Lea, Sr., 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. 40579-070516 adopted by the Council on Tuesday, July 5, 2016. PRESENT: Council Members John A Garland, Anita J. Price, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris (arrived late) and Mayor Sherman P. Lea, Sr.-6. ABSENT: Council Member David B. Trinkle-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 Rabbi Kathy Cohen, Temple Emanuel. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS-VIRGINIA WESTERN COMMUNITY COLLEGE: The Mayor declared August 22, 2016 as Virginia Western Community College Day in honor of its 50th Anniversary. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Mayor Lea presented a ceremonial copy of the proclamation to Dr. Robert Sandel, President, Virginia Western Community College; accompanied by college staff: Dr. Angela Falconetti, Dr. Elizabeth Wilmer, Mr. Milan Hayward, Ms. Usa Ridpath, Ms. Jennifer Pittman and Mr. Josh Meyer. At this point, Council Member Ferris entered the meeting (2:21 p.m.). 56 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. MISCELLANEOUS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before Council regarding termination of City employment in 2006 from the City. The City Attorney gave a brief overview of City action taken regarding Mr. Gravely's dismissal. Council Member Bestpitch reminded the Council that State Code prohibits Council's intervention in City personnel matters relating to employees under Council appointed officials. 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. Council Member Ferris stated that although he owns certain real property situated at 0 Salem Avenue, S. W., his property interest does not create a personal conflict of interest; and therefore, believes he can act fairly, objectively, and in the public interest regarding Item C-2; and he does intend to participate in the deliberations and in any vote with regard to the matter. MINUTES: Minutes of the regular meetings of the Council held on Monday, May 2, 2016, recessed until Monday, May 9, 2016; and Monday, May 16, 2016, were before the body. (See copy of minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Dykstra adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-D. (Council Member Trinkle was absent.)  57 CITY-OWNED PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 117- 119 Norfolk Avenue, S. W., where discussion in an 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 Bestpitch moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Dykstra. Council Member Ferris read the following Conflict of Interest Statement into the record: "STATEMENT OF RAPHAEL E. FERRIS I, Raphael E. Ferris, make the following statement regarding the request of the City Manager for a Closed Meeting to discuss the disposition of City-owned properties, together with buildings and improvements thereon, situated at 119 and 117 Norfolk Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map Nos. 1010306 and 1010307, respectively (the "Warehouse Row Properties .. ). I am the owner of certain real property situated at 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010412 ("Parcel 1010412"). The City of Roanoke currently leases this property for use as a parking lot. The term of the lease is five (5) years expiring on June 30, 2021. Parcel 1010412 is adjacent to the Warehouse Row Properties. I have no interest in the Warehouse Row Properties. I have also discussed this matter with the City Attorney and he has advised me that my property interest does not create a personal interest in this transaction under the Virginia Conflicts of Interest laws, but I may elect to recuse myself from participation in this matter if I believe that my ownership of Parcel1010412 creates an appearance of a conflict of interest. I believe that I can act fairly, objectively, and in the public interest in considering the disposition of the Warehouse Row Properties. Based on the foregoing, I intend to participate in the deliberations and in any vote with regard to the disposition of the Warehouse Row Properties. In the event that the circumstances on which I make this decision change, I will determine at such time whether a conflict of interest, or the appearance of a conflict of interest, exists and take appropriate action at that time. 58 I request that the City Clerk maintain a copy of this statement with the minutes of this meeting of City Council. Dated this 15th day of August, 2016. S/Raphael E. Ferris Raphael E. Ferris Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) Following the reading of the statement, the matter was concurred in by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) BOUNDARY LINES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 19, 2016 at 7:00p.m., or at such time thereafter as the matter may be heard, or at such later date and time as determined by the City Manager, to consider the two proposed boundary line adjustments between the City of Roanoke and Roanoke County, (i) situated along Williamson Road, N. E., in proximity to the former Happy's Flea Market development, and (ii) situated along Blue Hills Village Drive involving two parcels owned by the National Bank of Blacksburg, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.)  59 RECREATION: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 19, 2016, at 7:00 p.m., or at such time thereafter as the matter may be heard, or at such later date and time as determined by the City Manager, to consider the sale of two City-owned parcels of property on Jae Valley Road in Roanoke County, bearing Official Tax Map Nos. 089.00- 03-29.01-0000 and 089.00-03-29.02-0000, to the Roanoke County Parks and Recreation for a public park facility with public access to Back Creek for canoe and kayak uses, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: Non e-O. (Council Member Trinkle was absent.) EASEMENTS-PARKING GARAGE: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 19, 2016, at 7:00 p.m., or at such time thereafter as the matter may be heard, or at such later date and time as determined by the City Manager, to consider granting, confirming, and/or amending easements and other property rights to South Commonwealth Partners, LLC, in connection with the Hampton Inn & Suites Hotel located at 27 Church Avenue, S. E. (adjacent to the Market Garage at 25 Church Avenue, S. E.), was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) 60 ANNUAL REPORTS: A communication from the Honorable William D. Broadhurst, Judge, Twenty-third Judicial Circuit of Virginia, transmitting the Annual Reports of the Board of Equalization for taxable years July 1, 2D15 - June 3D, 2D16; and July 1, 2D16 - June 3D, 2D17, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Bestpitch moved that the communication be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-D. (Council Member Trinkle was absent.) CELEBRATIONS: A communication from U. S. Senator Mark R. Warner congratulating the City of Roanoke on its recognition as a Tree City USA community by , .. """ the Arbor Day Foundation, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the communication be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-D. (Council Member Trinkle was absent.)  61 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-COMMONWEALTH'S ATTORNEY: The Commonwealth Attorney submitted a written communication recommending acceptance of the Multi- Jurisdictional Special Drug Prosecutor Grant from the State Compensation Board; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communications on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40599-081516) A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. (For full text of resolution, see Resolution Book No. 78, page 401.) Council Member Ferris moved the adoption of Resolution No. 40599-081516. The motion was seconded by Vice-Mayor Price. Council Member Ferris commented that the grant had been accepted in 1988 with the cooperation of the surrounding jurisdictions to fund the special drug prosecutor while lending expertise across jurisdictional lines. There being no further comments by the Council Members, Resolution No. 40599-081516 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) 62 Council Member Ferris offered the following budget ordinance: (#40600-081516) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 401.) Council Member Ferris moved the adoption of Budget Ordinance No. 40600- 081516. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-DOMESTIC VIOLENCE-POLICE DEPARTMENT: The City Manager submitted a written communication recommending acceptance of the 2017 Virginia Sexual and Domestic Violence Victim Fund Grant from the Virginia Department of Criminal Justice Services to partially fund an existing Sexual Violence Specialist position in the Police Department. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Price offered the following resolution: (#40601-081516) A RESOLUTION authorizing acceptance of the Virginia Sexual & Domestic Violence Victim Fund Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 402.)  63 Vice-Mayor Price moved the adoption of Resolution No. 40601-081516. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor NAYS: None-0. (Council Member Trinkle was absent.) Vice-Mayor Price offered the following budget ordinance: (#40602-081516) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 403.) Vice-Mayor Price moved the adoption of Budget Ordinance No. 40602-081516. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) BUDGET-GRANTS-FIRE\EMS: The City Manager submitted a written communication recommending acceptance of a Virginia Department of Fire Programs Training Grant to be used for conference and education assistance to host the 2"d Annual Sound the Alarm Summit on September 12- 14, 2016, at the Sheraton Hotel and Conference Center. {For full text, see communication on file in the City Clerk's Office.) 64 Council Member Bestpitch offered the following resolution: (#40603-081516) A RESOLUTION accepting the Conference and Education Assistance grant to the City from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City in connection with such grant (For full text of resolution, see Resolution Book No. 78, page 404.) Council Member Bestpitch moved the adoption of Resolution No. 40603-081516. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) Council Member Bestpitch offered the following budget ordinance: (#40604-081516) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for conference and education assistance to host the Sound the Alarm Conference, amending and reordaining certain sections of the 2016-2017 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. {For full text of ordinance, see Ordinance Book No. 78, page 405.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40604- 081516. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. {Council Member Trinkle was absent.)  65 BUDGET-PAVING-TRANSPORTATION: The City Manager submitted a written "' · communication recommending acceptance of FY2017 Virginia Department of Transportation (VDOT) funds for the paving of Orange Avenue (Route 460) from 101h Street, N. W., to Gainsboro Road, N. W. (For full text, see communication on file in the City Clerk's Office.) Council Member Bespitch offered the following resolution: (#40605-081516) A RESOLUTION accepting Primary Extension Funds from the Virginia Department of Transportation for the paving of Orange Avenue from 10th Street, N. W., to Gainsboro Road, N. W., and authorizing such additional action and execution of any required documents on behalf of the City in connection with such funds under certain conditions. (For full text of resolution, see Resolution Book No. 78, page 406.) Council Member Bestpitch moved the adoption of Resolution No. 40605-081516. The motion was seconded by Vice-Mayor Price. Sherman M. Stovall, Assistant City Manager for Operations, reported that funding was being provided directly from the State, whereas in prior years localities provided funds to maintain primary roads. Following a brief overview of the Fiscal Year 2016/2017 Paving Contract; Resolution No. 40605-081516 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) Council Member Bestpitch offered the following budget ordinance: (#40606-081516) AN ORDINANCE to appropriate funding from Virginia Department of Transportation for Capital Street Paving projects, amending and reordaining certain sections of the 2016 - 2017 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 407.) 66 Council Member Bestpitch moved the adoption of Budget Ordinance No. 40606- 081516. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) BERGLUND CENTER: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the City's contract with C. E. Thurston & Sons, Inc., for pipe insulation services at the Berglund Center. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40607-081516) A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the City's Contract with C. E. Thurston & Sons, Inc., for pipe " insulation services at the Berglund Center. (For full text of resolution, see Resolution Book No. 78, page 408.) Council Member Ferris moved the adoption of Resolution No. 40607-081516. The motion was seconded by Council Member Bestpitch. In response to Council Member Garland's comments about the amended architectural/engineering services, the Assistant City Manager for Operations shared background information, remarking contract, that the Amendment covers additional abatement, which went beyond the scope of work that is necessary. There being no further comments by the Council Members, Resolution No. 40607-081516 was adopted by the following vote: A YES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.)  67 COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Changes to Brush Collection • In 2015, the city made changes to its brush collection. To address some confusion about the collection process, the city has simplified instructions for citizens. • A postcard has been mailed to all Solid Waste customers notifying them of this change to brush collection: If you can pick it up with two hands, put it in your Big Blue trash can. Otherwise, place brush at the curb for weekly pickup. State of the City Address • Thursday, September 1, 2016 • Hotel Roanoke, Crystal Ballroom • 8:00a.m. o This year we will have a different format for the event, with three speakers: The Mayor, Superintendent of Roanoke City Public Schools, and the City Manager will be sharing Roanoke's accomplishments and vision for the future. o Registration for the breakfast is through the Roanoke Regional Chamber of Commerce. Attendance at the State of the City Address is free to the public. Upcoming Events: • FloydFest presents The Beach Ball: Brian Wilson • Saturday, August 20, 2016 • Elmwood Park • 6:30p.m. • Parks & Art o Saturday, August 27, 2016 o Elmwood Park o 12:00 Noon to 3:00p.m. o Roanoke Symphony Pops Concert o This event will be immediately followed by the Deschutes Street Pub Roanoke event from 2:00 p.m. to 10:00 p.m. in Elmwood Park. • Starcropolis o Sunday, September 4, 2016 at the Star on Mill Mountain 68 • ·-'t') CITY ATTORNEY: BRIDGES: The City Attorney submitted a written report recommending execution of an agreement with Norfolk Southern Railway Company with regard to the Franklin Road Bridge Improvements. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40608-081516) AN ORDINANCE authorizing the execution, delivery, and performance of an Agreement between the City of Roanoke, Virginia and Norfolk Southern Railway Company (NS) in connection with the proposed improvements to the Franklin Road Bridge Project (Project); authorizing the acquisition of property rights by the City as needed for the Project and the maintenance, construction, and operation of the Project; authorizing the City Manager to execute such other documents and to take such other actions as necessary or appropriate; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 409.) Council Member Bestpitch moved the adoption of Ordinance No. 40608-081516. The motion was seconded by Council Member Ferris. Following comment by the City Attorney, Ordinance No. 40608-081516 was adopted by the following vote: A YES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) DIRECTOR OF FINANCE: WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD: The Director of Finance presented a written report recommending execution of the First Amended and Restated Fiscal Agent Agreement by and among the City of Roanoke, Workforce Investment Area Ill Chief Local Elected Officials Consortium, Western Virginia Workforce Development Board, Inc., and Roanoke Valley-Alleghany Regional Commission, to provide for additional duties and responsibilities of the Commission as fiscal agent, for a five-year term, commencing July 1, 2016. (For full text, see report on file in the City Clerk's Office.)  69 Council Member Bestpitch offered the following resolution: (#40609-081516) A RESOLUTION authorizing the City Manager to execute the First Amended and Restated Fiscal Agent Agreement dated August 15, 2016, by and among Workforce Investment Area Ill Chief Local Elected Officials Consortium (Consortium), Western Virginia Workforce Development Board, Inc. (WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke Valley-Alleghany Regional Commission (Commission) (Restated Agreement); and authorizing execution of such other documents and performance of any other actions deemed necessary to effectuate, deliver, perform, administer, and enforce the Restated Agreement. (For full text of resolution, see Resolution Book No. 78, page 41 0.) Council Member Bestpitch moved the adoption of Resolution No. 40609-081516. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) REPORTS OF COMMITIEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various education 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: (#40610-081516) AN ORDINANCE to appropriate funding from the Federal Government grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 - 2017 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 412.) 70 Council Member Bestpitch moved the adoption of Budget Ordinance No. 40610- 081516. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) UNFINISHED BUSINESS: INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: YOUTH-SCHOOLS-VIRGINIA MUNICIPAL LEAGUE: Vice-Mayor Price offered the following resolution recognizing the importance of early childhood education to children's future success in school and in life: (#40611-081516) A RESOLUTION supporting Early Childhood Education. (For full text of resolution, see Resolution Book No. 78, page 413.) Vice-Mayor Price moved the adoption of Resolution No. 40611-081516. The motion was seconded by Council Member Bestpitch. Following remarks by Vice-Mayor Price in recognizing the preschool initiative measure, Resolution No. 40611-081516 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) MOTION AND MISCELLANEOUS BUSINESS: NONE. At 3:06 p.m., Mayor Lea declared the Council meeting in recess until 7:00 p.m., for a Closed Meeting in the Council Conference Room, Room 451, Noel C. Taylor Municipal Building.  71 At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members John A. Garland, Anita J. Price, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris and Mayor Sherman P. Lea, Sr.-6. ABSENT: Council Member David B. Trinkle-1. The Mayor declared the existence of a quorum. The Invocation was delivered by Mayor Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. COUNCIL: With respect to the Closed Meeting just concluded Council Member Dykstra 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 Price and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: YOUTH-ACTS OF ACKNOWLEDGEMENT: Mayor Lea recognized Tavia Sturgill, Virginia State Youth of the Year for the Boys and Girls Club of America, as the Virginia Youth of the Year by Boys & Girls Clubs of America. Following remarks by the Mayor, Ms. Sturgill was presented a City gift. POLICE-ACTS OF ACKNOWLEDGEMENT: Officer Joshua Johnson gave a presentation in connection with the Lea Outdoor Basketball League. Officer Johnson presented gifts to staff and participants of the Basketball """~ League. 72 PUBLIC HEARINGS: CITY-OWNED PROPERTY-LEASES-REGISTRAR: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 15, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, to consider adopting an ordinance for the relocation of the central absentee voter precinct within the City, as authorized by the provisions of Sections 24.2-306 and 24.2-712, 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 Wednesday, July 27, 2016 and Wednesday, August 3, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending adoption of the proposed Ordinance. (See copy of report on file in the City Clerk's Office.) Council Member Bestpitch offered the following DRAFT July 27, 2016 Ordinance: "AN ORDINANCE amending and reordaining Section 10-16, Central absentee voter precinct, Article II, Election Districts; Voting Precincts and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to relocate the central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title." Council Member Bestpitch moved the adoption of the Draft Ordinance. The motion was seconded by Council Member Ferris. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. The City Attorney citing that the draft measure mentions a public hearing was held on July 21, 2016, which was not heard by the Council due to lack of agenda items; therefore, a revised ordinance has been presented with a corrected public hearing date which is considered to be a technical matter. Mr. Callahan further remarked that the Registrar's Office has already relocated to 317 Kimball Avenue, N. E. Following remarks by the City Attorney, Council Member Bestpitch offered a substitute motion to adopt the revised ordinance. The motion was seconded by Council Member Ferris and adopted.  73 Council Member Dykstra offered the following revised ordinance in its entirety: (#40612-081516) AN ORDINANCE amending and reordaining Section 10-16, Central absentee voter precinct, Article II, Election Districts; Voting Precincts and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended, to relocate the central absentee voter precinct; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has 21 separate voter precincts throughout the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, City staff has recommended that the central absentee voter precinct be relocated from its current location at the Noel C. Taylor Municipal Building; WHEREAS, the new location for the central absentee voter precinct at the Office of the General Registrar located at 317 Kimball Avenue, N. E., will be better suited for the activities of the central absentee voter precinct since it will have increased parking availability, improved accessibility, increased storage space, training rooms, and access to public transportation as the proposed new facility is located on the Valley Metro bus route; WHEREAS, on February 1, 2016, the City of Roanoke entered into a lease agreement (Lease) with A&M Enterprises, L.P. to relocate the Office of the General Registrar to 317 Kimball Avenue, N. E., Roanoke, Virginia, subject to completion of renovation to accommodate the requirements of the General Registrar, and subject to approval by City Council in accordance with applicable law to relocate the offices of the General Registrar or establish a new central absentee voter precinct; WHEREAS, pursuant to the terms of the Lease, the improvements to the premises were completed on June 1, 2016, and rent payments commenced by the City; WHEREAS, the Office of the General Registrar moved to the new location at 317 Kimball Avenue, N. E., Roanoke, Virginia, effective July 18, 2016; and WHEREAS, on June 20, 2016, Council authorized the scheduling of a public hearing on Monday, July 18, 2016, or such later date, to consider adoption of an ordinance to relocate the central absentee voter precinct from the Noel C. Taylor Municipal Building to its new location at 317 Kimball Avenue, N. E., and Council held a public hearing on August 15, 2016. 74 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 10-16, Central absentee voter precinct, Article II, Election Districts; Voting Precincts and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article II- Election District; Voter Precincts and Polling Places *** Sec. 10-16. Central absentee voter precinct. (a) In accordance with Section 24.2-712 of the Code of Virginia (1950), as amended, a central absentee voter precinct is hereby established at the office of the General Registrar, 317 Kimball Avenue, N. E., Roanoke, Virginia, at which all absentee ballots will be received, counted, and recorded for all elections held in the city. (b) The City Manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within the office of the General Registrar, 317 Kimball Avenue, N. E., Roanoke, Virginia, for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the manag~ment and control of the electoral board. 2. A copy of this Ordinance shall be recorded in the official minutes of City Council. The City Clerk and the City Manager are authorized to take all actions necessary to comply with all applicable requirements of state code, including, without limitations, Sections 24.2-306(C) and 24.2-712(A), Code of Virginia (1950) as amended. 3. This Ordinance shall be in full force and effect immediately upon its adoption. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. (See Ordinance Book No. 78, page 414.)  75 Council Member Dykstra moved the adoption of Ordinance No. 40612-081516, ~ ... as amended. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. {Council Member Trinkle was absent.) CITY-OWNED PROPERTY-LEASES-MILL MOUNTAIN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 15, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease City-owned property, designated as portions of Official Tax Map Nos. 4070507, 4070521, and 4060505, to the Blue Ridge Zoological Society of Virginia, Inc., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 4, 2016. {See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a new lease with the Blue Ridge Zoological Society of Virginia, Inc., for a period of one year, subject to up to four additional one-year term renewals upon mutual agreement of the parties, retroactive to July 1, 2016. {For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: {#40613-081516) AN ORDINANCE authorizing the City Manager to execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the lease of City-owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505; and dispensing with the second reading of this ordinance by title. {For full text of ordinance, see Ordinance Book No. 78, page 416.) Council Member Ferris moved the adoption of Ordinance No. 40613-081516. The motion was seconded by Council Member Dykstra. 76 Following, discussion regarding the lease, the City Manager commented that the Administration will work with the Zoo representatives regarding changes in the lease. Lucy Cook, Executive Director, Mill Mountain Zoo, appeared before the Council in support of the lease agreement; and shared information on the status of upgrades to the Zoo. (See copy of document on file in the City Clerk's Office.) 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 comments and/or questions by the Council Members, Ordinance No. 40613-081516 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) SCHOOLS-ZONING: The City Clerk having advertised a public hearing for Monday, May 16, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke City School Board to amend the Planned Unit Development Plan and conditions proffered as part of a previous rezoning at 2102 Grandin Road, S. W., bearing Official Tax Map No. 1460101, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, July 26, 2016 and Tuesday, August 2, 2016. (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 that the Amended Application No. 2, as amended at the City Planning Commission hearing on August 8, 2016, and subsequently submitted an Amended Application No. 3, is consistent with the City's Comprehensive Plan, Grandin Court Neighborhood Plan and Zoning Ordinance as the changes to the Plan and proffered conditions will allow the property and facilities to be used in a more expansive manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.)  77 Council Member Ferris offered the following ordinance: (#40614-081516) AN ORDINANCE to amend a Planned Unit Development Plan and conditions proffered as part of a previous rezoning of certain property located at 2102 Grandin Road, S. W., bearing Official Tax Map No. 1460101; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 418.) Council Member Ferris moved the adoption of Ordinance No. 40614-081516. The motion was seconded by Council Member Bestpitch. Richard Rife, Partner, Rife Wood Architects, appeared to Council on behalf of the City of Roanoke School Board, regarding the proposed proffers. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon the following persons spoke: Chris Bryant, 1315 Sewell Lane, S. W., spoke about the noise being heard, and his opposition against proffers 3, 4, and 8 to extend the general uses of the stadium. Kit Hale, 2222 Blenheim Road, S. W., appeared before the Council and spoke in favor of the proffers Dan Foutz, 3002 Guilford Drive, S. W., appeared before the Council and spoke in favor of the proffers. Robin Smelter, 2636 Robin Hood Road, S. W., appeared before the Council and spoke in favor of the proffers. Mary Barnes, 2314 Rosalind Avenue, S. W., appeared before the Council and spoke in favor of the proffers. Patricia Sheedy, 3598 Cedar Lane, S. W ., appeared by the Council and spoke in favor of the proffers. Paul Kelly, 1711 Blair Road, S. W., appeared before the Council and spoke in favor of the proffers. There being no further speakers, the Mayor declared the public hearing closed. 78 Following extensive dialogue regarding the proffers, Ordinance No. 40614- 081516 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) HEARING OF CITIZENS UPON PUBLIC MATTER: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to council, as he may deem appropriate. PARKS: The following individuals appeared before the council to voice complaints pertaining to Dr. Pepper Park: Jeff Vanke, 2202 Richelieu Avenue, S. W.; appeared before the Council to urge the Council to keep neighborhoods as is. Temple Newbold, 2833 Avenham Avenue, S. W., appeared before the Council and expressed concern regarding the level of noise generated during the concerts. (See statement on file in the City Clerk's Office.) Holly Newbold, 1261 Hamilton Terrace, S. W., appeared before the Council to reiterate ongoing concerns regarding excessive sound in Dr. Pepper Park. (See statement on file in the City Clerk's Office.) Stuart Israel, 1510 Kenwood Boulevard, S. E., appeared before the Council in support of the events held in Dr. Pepper Park. Adam Rutledge, 120 Blue Bird Lane, Fincastle, appeared before the Council in support of concerts held in Dr. Pepper Park. Mike Garst, 4484 Stonewall Road, N. W., appeared before the Council in support of concerts held in Dr. Pepper Park. Sami Cilek, 436 Walnut Avenue, S. E.; appeared before the Council in support of concerts held in Dr. Pepper Park.  79 Aaron Ewert, 2410 Cornwallis Avenue, S. E., appeared before the Council in support of concerts held in Dr. Pepper Park. Mary Newbold, 2833 Avenham Avenue, S. W., appeared before the Council and urged the Council to seek a compromise. (See statement on file in the City Clerk's Office.) TOWING: Tim Meadows, 3219 Garden City Boulevard, S. E., appeared before the Council to urge the City to postpone execution of a towing contract with Roanoke County. Council Member Ferris commented that the contract was being taken under advisement, adding that the City will comply with the terms and conditions of the contract. He also called attention to the new collision center located in Roanoke County, adding that the governing bodies were working to resolve various issues and the Senior Assistant City Attorney was working on a solution. TOWING: David Williamson, 302 Washington Avenue, S.E., appeared before the Council and spoke about the proposed contract for towing vehicles, and asked the City Manager to work with the City Attorney to investigate the matter of public safety. Council Member Garland hoped that the abovementioned comments could be responded to as well as reaching a compromise, adding his goal was to have extensive dialogue to address specific concerns. Without objection, the Mayor referred the abovementioned remarks to the City Manager and asked that information be also provided to Council Member Garland. There being no further business, to come before the Council Mayor Lea declared the regular meeting adjourned at 9:21 p.m. APPROVED ATTEST: ~rn.~~-~w R~s~ r(f,ic Stephanie M. Moon ~~ . Lea, Sr. City Clerk