City Council

283 SPECIAL MEETING- ROANOKE CITY COUNCIL April 16, 2018 1:00 p.m. A special meeting of the Roanoke City Council was called to order on Monday, April 16, 2018 at 1:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Member William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, David B. Trinkle and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Anita J. Price-1. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Mayor declared the existence of a quorum. Mayor Lea advised that the purpose of the meeting was for the Council to convene in Closed Meeting to discuss the disposition of City-owned property situated at 2410 Mason Mill Road, N.E., (Official Tax Map No. 7170509); 2402 Mason Mill Road, N. E., (Official Tax Map No. 7170505); 2320 Mason Mill Road, N.E., (Official Tax Map No. 7170504); and 2002 Blue Hills Drive, N.E., (Official Tax Map No. 7230101 ), where discussion in an open meeting would adversely affect the bargaining position or negotiation strategy of the public body, pursuant to Section 22-3711 (A)(3), Code of Virginia (1950), as amended. Council Member Ferris moved that the Council convene in a Closed Meeting to discuss the disposition of City-owned property situated at 2410 Mason Mill Road, N.E., (Official Tax Map No. 7170509); 2402 Mason Mill Road, N. E., (Official Tax Map No. 7170505); 2320 Mason Mill Road, N.E., (Official Tax Map No. 7170504); and 2002 Blue Hills Drive, N.E., (Official Tax Map No. 7230101), where discussion in an open meeting would adversely affect the bargaining position or negotiation strategy of the public body. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Trinkle and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) 284 At 1:03 p.m., the meeting was declared in recess for a Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. - At this point, 1:45 p.m., Council Member Trinkle left during the Closed Meeting. At 1:48 p.m., the meeting was reconvened in the Council Chamber, Mayor Lea presiding and all Members of the Council in attendance, with the exception of Vice- Mayor Price and Council Member Trinkle. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Bestpitch moved that each Member of the 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 the Council. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Price and Council Member Trinkle were absent.) There being no further business, Mayor Lea declared the Special Meeting adjourned at 1:49 p.m. APPROVED ATTEST: ~~t,c; Sherman P. Lea, Sr. Mayor  285 ROANOKE CITY COUNCIL-REGULAR SESSION April16, 2018 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, April 16, 2018, 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. 40879-070317 adopted by the Council on Monday, July 3, 2017. PRESENT: Council Members, Michelle L. Dykstra, Raphael E. Ferris (arrived late), John A. Garland, Anita J. Price (arrived late), William D. Bestpitch and Mayor Sherman P. Lea, Sr.-6. ABSENT: Council Member David B. Trinkle-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Anthony L. Holmes, Sr., Pastor, Loudon Avenue Christian Church. At this point, Council Member Ferris entered the meeting (2:03p.m.). The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: REVELATIONS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and shared revelations regarding the state of the City's economy. At this point, Vice-Mayor Price entered the meeting (2:18p.m.). 286 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the Members of Council and will be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion is desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a request of the City Manager for a Closed Meeting to discuss the disposition of an approximately .75 acre portion of City-owned property located at 2424 Brambleton Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the regular meeting of City Council held on Monday, April 2, 2018, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Dykstra and adopted by the following vote: Lea-6. AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor NAYS: None-0. - (Council Member Trinkle was absent.) DISPOSITION OF AN APPROXIMATELY .75 ACRE PORTION OF CITY- OWNED PROPERTY LOCATED AT 2424 BRAMBLETON AVENUE, S. W.: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of an approximately .75 acre portion of City-owned property located at 2424 Brambleton Avenue, S. W., bearing Official Tax Map No. 1470301, 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. (See communication on file in the City Clerk's Office.)  287 Council Member Ferris 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 Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) PROPOSED ISSUANCE BY THE PUBLIC FINANCE AUTHORITY, A WISCONSIN COMMISSION, OF THE AUTHORITY'S MULTIFAMILY HOUSING REVENUE BONDS TO ATLANTIC HOUSING FOUNDATION INC. AND ITS AFFILIATES: A communication from the City Attorney requesting that Council authorize the City Clerk to schedule and advertise a public hearing to be held on Monday, May 7, 2018, at 2:00p.m., or as soon thereafter as the matter may be reached, or at such other date and time as deemed appropriate by the City Manager, concerning the proposed issuance by the Public Finance Authority, a Wisconsin Commission, of the Authority's Multifamily Housing Revenue Bonds to Atlantic Housing Foundation Inc. and its affiliates, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) ROANOKE, VIRGINIA GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTE, SERIES 2018: A communication from the City Attorney with regard to the status of the City of Roanoke, Virginia General Obligation Public Improvement Bond Anticipation Note, Series 2018, was before the Council. (See communication on file in the City Clerk's Office.) 288 Council Member Ferris 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 Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) RESIGNATION OF NICOLE HARRIS AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Nicole Harris as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (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 Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) ROANOKE NEIGHBORHOOD ADVOCATES: Report of qualification of Cindy Pasternak as a member of the Roanoke Neighborhood Advocates to fill her unexpired term of office ending June 30, 2019, was before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Ferris moved that the report of qualification be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.)  289 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE VALLEY RESOURCE AUTHORITY: Daniel D. Miles, Chief Executive Officer, Roanoke Valley Resource Authority, appeared before the Council and presented the Roanoke Valley Resource Authority Proposed 2018 - 2019 Annual Budget. (For full text, see copy of budget document on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41094-041618) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2018 - 2019, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 79, page 531.) Council Member Bestpitch moved the adoption of Resolution No. 41094-041618. The motion was seconded by Council Member Ferris. Mr. Miles advised that the proposed 2018 - 2019 Annual Budget was $12,791,411.00, a $254,000.00 reduction from the 2017 - 2018 Budget. He also noted the budget included an increase in the tipping fee rate by $2.00, per ton, equating to $51 ;50 per ton. Council Member Bestpitch inquired as to the current tipping fee rate; whereupon, Mr. Miles responded that the current tipping fee was $49.50 per ton. In response to inquiry with regard to the necessity of budget reserves, Mr. Miles advised that the Authority established a reserve fund in order to cash fund ongoing operations, and noted that the reserve fund was designated for withdrawals and deposits so that the fund would be sufficiently funded on a short and long-term basis. 290 Following the brief overview by the Executive Director of the operation of the Roanoke Valley Resource Authority, Resolution No. 41094-041618 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) NEW BUSINESS: CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE CITY OF ROANOKE AND DESCHUTES BREWERY, INC: The City Manager submitted a written communication recommending an amendment to Contract for Purchase and Sale of Real Property between the City of Roanoke and Deschutes Brewery, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#41095-041618) AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for Purchase and Sale of Real Property, dated April 20, 2016 (the "Contract") between the City of Roanoke, Virginia (the "City"), and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in the Commonwealth of Virginia (the "Parent"), and its subsidiaries or affiliates that may be created to own and/or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer"), to sell to the Buyer certain real property located at 2002 Blue Hills Drive, N. E., Roanoke, Virginia 24012, consisting of approximately 49.4173 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230101 (the "Property"), for the construction and operation of a brewery and warehouse facility (the "Facility"), to amend certain terms of the Contract to extend the Closing Date; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 531.) Council Member Ferris moved the adoption of Ordinance No. 41095-041618. The motion was seconded by Council Member Bestpitch.  291 Following comments by the Assistant City Manager for Community Development regarding reconstruction of the abovementioned contract, Ordinance No. 41095-041618 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: Recommended Fiscal Year 2018 - 2019 Budget: Robert S. Cowell, Jr., City Manager; and Amelia C. Merchant, Director of Finance, gave an overview and summary of the proposed Fiscal Year 2018 - 2019 Recommended Budget. (See copy of presentation on file in the City Clerk's Office.) Mr. Cowell advised that the recommended budget was balanced, met the standards ofthe priorities established by City Council, and totaled $291, 699,000.00. He highlighted that the budget increased by $8.9 million or 3.15 percent, encompassed funding for strategic investments in all priority areas, compensation and inflationary cost adjustments, including an increase in Sheriff Deputies at schools to enhance school safety, transferring $125,000.00 for the Roanoke Arts and Cultural Endowment into the base budget with the addition of $75,000.00 one-time funding for a total investment of $200,000.00. At this point, Mayor Lea relinquished the Chair to Vice-Mayor Price and left the meeting. (2:56 p.m.) Ms. Merchant continued with the presentation reviewing the FY 2019 revenue estimates by major category noting, that other local taxes was $59.5 million of the total budget and included admissions tax, transient occupancy tax, cigarette tax and meals tax. 292 She acknowledged the 15 percent increase in EMS fees which was still below the allowable rate of Medicaid and insurance companies and would generate approximately $100,000.00. Ms. Merchant highlighted the variations in each priority noting that 40 percent of adjusted local taxes were allocated to Roanoke City Public Schools with an increase of $1,654,326.00 over adopted FY 2018, increased allocations for Roanoke Neighborhood Advocates, special event coordination and public assembly permitting. In terms of reserved allocations and funding for external agencies, Ms. Merchant advised that the budget included a two percent compensation increase for employees and all outside agencies to be funded by agreement, such as Blue Ridge Behavioral Healthcare and Visit Virginia's Blue Ridge were indeed funded. Mr. Cowell continued with the presentation noting that current capital assets and infrastructure investment for livability and economic development were maintained including bridge replacement, curb, gutter and sidewalk, streetscape projects, stormwater improvements, civic center and school maintenance with all investments made within the parameters of the debt policy. In terms of the FY 2019 - 2023 CIP, Ms. Merchant explained that the public works service center and capital building maintenance were new to the CIP for a total of $9.4 million. Ms. Merchant reviewed the one-time funding items stating that because of excess debt service of $1,640,559.00 many items were allocated funding including an additional $75,000.00 to the Roanoke Arts and Cultural Endowment and four new deputies for the O;A.R.E. Program at $132,000.00. Lastly, Mr. Cowell reviewed the budget calendar advising that the budget public hearing would be held on Thursday, April 26, at 7:00p.m., to hear the views of citizens; the Council's budget study briefing was scheduled for May 7, at 9:00 a.m.; and the adoption of the Fiscal Year 2018- 2019 budget at the regular session to be held on May 14, at 2:00 p.m. Council Member Garland thanked the City Manager and Director of Finance for the additional funding for urban forestry and street and alley maintenance. At this point, Mayor Lea reentered the meeting and the Vice-Mayor relinquished the Chair (3:21 p.m.). Following several accolades from the Council Members, Council Member Dykstra referenced the "Budget at a Glance" document and remarked that the document represented open communication and emphasized the April 26 budget public hearing to afford citizens the opportunity to voice their opinion.  293 Ms. Merchant commented that all budget documents would be posted online for public viewing; whereupon, the City Manager added that the documents would also be available at the City libraries. Mayor Lea thanked Mr. Cowell and Ms. Merchant for the informative presentation and advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: SUMMER FOOD PROGRAM GRANT: The City Manager submitted a written communication recommending acceptance of the Summer Food Program Grant from the Virginia Department of Education. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#41 096-041618) A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Education, and authorizing execution and attestation of any required documents on behalf of the City, in connection with such grant, under certain conditions. (For full text of resolution, see Resolution Book No. 79, page 533.) Council Member Ferris moved the adoption of Resolution No. 41096-041618. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) Council Member Ferris offered the following budget ordinance: (#41097-041618) AN ORDINANCE to appropriate funding from the Federal Government, through the Virginia Department of Education, for the Summer Food Program, amending and reordaining certain sections of the ·2017 - 2018 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 534.) 294 Council Member Ferris moved the adoption of Budget Ordinance No. 41D97- D41618. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-D. (Council Member Trinkle was absent.) REIMBURSEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT: The City Manager submitted a written communication recommending acceptance of Reimbursement Funds from the Virginia Department of Emergency Management to offset expenses for assistance to the State of Florida affected by Hurricane Irma. (For full text, see communication on file in the City Clerk's Office.) Council Member Dykstra offered the following resolution: (#41D98-D41618) A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 79, page 535.) Council Member Dykstra moved the adoption of Resolution No. 41D98-D41618. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-D. (Council Member Trinkle was absent.)  295 Council Member Dykstra offered the following budget ordinance: (#41099-041618) AN ORDINANCE appropriating funding from the Virginia Department of Emergency Management (VDEM) from the Emergency Mutual Aid Compact (EMAC) for the purpose of providing funds for recovery services, amending and reordaining certain sections of the 2017 - 2018 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 535.) Council Member Dykstra moved the adoption of Budget Ordinance No. 41099- 041618. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) TENNIS COURTS AT RIVER'S EDGE SPORTS COMPLEX: The City Manager submitted a written communication recommending adoption of a resolution to name the tennis courts at River's Edge Sports Complex in honor of Mr. Carnis Poindexter. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Price offered the following resolution: (#41100-041618) A RESOLUTION naming the tennis courts at River's Edge Sports Complex in honor of Mr. Carnis Poindexter. (For full text of resolution, see Resolution Book No. 79, page 536.) Vice-Mayor Price moved the adoption of Resolution No. 41100-041618. The motion was seconded by Council Member Bestpitch. The City Manager announced that there would be a dedication of the courts and recognition of Mr. Poindexter's contributions on May 30 at 11:30 a.m.; and additional information regarding the naming and unveiling would be forthcoming. He expressed appreciation to the Parks and Recreation staff for their work with John Fishwick who intends to cover all incurred expenses. 296 Following comments by Council Member Bestpitch regarding the tennis courts and location of the dedication ceremony, Resolution No. 41100-041618 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) ROANOKE RIVER GREENWAY "BRIDGE THE GAP" PROJECT: The City Manager submitted a written communication recommending authorization for acquisition of real property rights for the Roanoke River Greenway "Bridge the Gap" Project. (For full text, see communication on file in the City Clerk's Office.) (Council Member Trinkle was absent.) Council Member Bestpitch offered the following ordinance: (#411 01-041618) AN ORDINANCE providing for the acquisition of additional real property rights needed by the City in connection with Phase II of the Roanoke River "Bridge the Gap" Greenway Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. {For full text of ordinance, see Ordinance Book No. 79, page 538.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41101- 041618. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.)  297 COMMENTS OF THE CITY MANAGER. The City Manager commented on the following: Parks and Recreation receives statewide recognition • The Virginia Department of Environmental Quality recently awarded Roanoke Parks and Recreation a 2018 Governor's Environmental Excellence Award, Honorable Mention, for the implementation of the Virginia Outdoors Plan. • The awards recognize outdoor recreation accomplishments in trail development, public access to waterways, and other recreational uses. • Parks and Recreation worked with the Roanoke Outside Foundation and the Bridges to install a kayak, raft, and canoe launch at the Bridges on Jefferson Avenue. City staff also expanded the trail system at CaNins Cove by working with Pathfinders for Greenways, Roanoke International Mountain Biking Association, and Blue Ridge Gravity. Greenway Commission to Host Open House • The Roanoke Valley Greenway Commission will host an open house on Thursday, April 19, from 4:00 p.m. to 7:00 p.m. at the Berglund Center. • Greenways are important to our quality of life, our economic development, and the social fabric of our community; we encourage our citizens to attend. • The purpose of the meeting is to provide an opportunity for the public to review and comment on the draft regional greenway plan and maps, including the Tinker Creek Greenway Concept Plan. Blue Ridge Marathon Returns to Roanoke • Saturday, April 21 at 7:35a.m. is the race start time. • The Full Marathon, Half Marathon, Star 1OK, Family 1 Miler and 2nd Lap of the Double Marathon all start on Jefferson Street (outside Elmwood Park) • The Foot Levelers Blue Ridge Marathon Series has earned its title as "America's Toughest Road Marathon" by challenging runners with over 7,430 ft. in elevation change, more than any other road marathon in the United States. • This race is the only marathon that runs along the famously scenic Blue Ridge Parkway. Proceeds benefit the Parkway and local charities. More information is available at www.blueridgemarathon.com Down by Downtown Music Festival will be held this weekend • Thursday, April 19 through Saturday, April 21 • The Festival coincides with Foot Levelers Blue Ridge Marathon race weekend. The events are managed by the Roanoke Outside Foundation. • Features three days of music, with shows at venues throughout downtown Roanoke • Many of the events are free, but some do have cover charges or tickets. Information about specific performances is available at downbydowntown.com 298 MUNICIPAL AUDITOR: LOCAL TRUST TAX PENALTIES AND INTEREST: The Municipal Auditor submitted a written communication recommending adoption of a resolution to address Local Trust Tax Penalties and Interest. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#411 02-041618) A RESOLUTION authorizing the City Treasurer to waive interest charges for Transient Occupancy Tax and Admission Tax; to amend the process for calculating and applying penalties for Admission Tax, Prepared Food and Beverage Tax, and Transient Occupancy Tax; and to authorize the City Treasurer to take such actions as may be necessary to provide for the implementation, administration, and enforcement of this Resolution. (For full text of resolution, see Resolution Book No. 79, page 539.) Council Member Bestpitch moved the adoption of Resolution No. 41102-041618. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) REPORTS OF COMMITTEES: EDUCATIONAL PROGRAMS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the City Manager submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.)  299 Council Member Ferris offered the following budget ordinance: (#41103-041618) AN ORDINANCE to appropriate funding from Federal grants for various educational programs, amending and reordaining certain sections of the 2017 - 2018 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 541.) Council Member Ferris moved the adoption of Budget Ordinance No. 41103- 041618. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Bestpitch and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BLUE RIDGE MARATHON: Council Member Dykstra called attention to street closures throughout the City for Blue Ridge Marathon to be held the week-end of April 20 - 22, 2018. 4TH ANNUAL LEA YOUTH OUTDOOR BASKETBALL SUMMIT: Mayor Lea announced that the 41h Annual Lea Youth Outdoor Basketball Summit would be held from June -July 2018 in Melrose Park on each Tuesday and Thursday. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:52 p.m., the Mayor declared the Council Meeting in recess to be reconvened at 4:00 p.m., in the Council Chamber, to conduct three remaining School Board interviews. 300 At 4:02 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Lea presiding and all Members of the Council in attendance. SCHOOL BOARD INTERVIEWS: The following applicants were interviewed for consideration of the upcoming three vacancies as School Board Trustees for three-year terms of office, each, commencing July 1, 2018 and ending June 30, 2021: Laura d. Rottenborn 4:00p.m. Mark k. Cathey 4:20p.m. Mark g. Swope 4:40p.m. At 5:23 p.m., Mayor Lea advised that the interviews had concluded and declared the Council Meeting in recess for a Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building; thereafter to be reconvened at 7:00p.m. in the Council Chamber. At 5:24p.m. Council Member Trinkle entered the Closed Meeting. At 7:00 p.m., the Council meeting was reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea presiding. PRESENT: Council Members, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch and Mayor Sherman P. Lea, Sr.-7. ABSENT: None.,O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Tim G. H. Dayton, Pastor, First Christian Church.  301 COUNCIL: With respect to the Closed Meeting just concluded, Council Member Ferris 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 Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: Non e-O. PUBLIC HEARINGS: ROANOKE CITY SCHOOL BOARD TRUSTEES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 16, 2018 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens regarding appointment of three Roanoke City School Board Trustees for three- year terms, each, commencing July 1, 2018. The candidates being Mark Kenneth Cathey, Marcus Eric Huffman, Laura Day Rottenborn, Mark Gerard Swope, and Richard M. Willis, Jr., the matter was before the body. Legal advertisements of the public hearing were published in The Roanoke Times on Thursday, April 5, 2018; and The Roanoke Tribune on Thursday, April 5, 2018. (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak in connection with the matter; whereupon, the following persons appeared before the Council: David Harrison, 5305 Medmont Circle, S. W., asked that School Board Trustee Laura D. Rottenborn publicly take a stand in opposition of guns being carried by resource officers and teachers in the schools. Brian McConnell, 32 Elm Avenue, S.W., Apartment 303, stressed the importance of the School Board selection process, and open communication with regard to the candidates for the School Board. Katherine Cohen spoke in opposition of any School Board candidate who advocates guns in public schools. 302 There being no additional speakers, Mayor Lea declared the public hearing closed, and remarked that all comments would be received and filed. He pointed out that the selection of three School Board Trustees would be announced at a subsequent Council meeting. PERMANENT SANITARY SEWER EASEMENT LOCATED AT 24 WELLS AVENUE, N. W., TO THE WESTERN VIRGINIA WATER AUTHORITY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 16, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to grant a permanent sanitary sewer easement, with an approximate width of 20 feet, containing 1,083 square feet, more or less, across City-owned property, identified as Official Tax Map No. 2013004, located at 24 Wells Avenue, N. W., to the Western Virginia Water Authority, at the Authority's request, for the easement to serve the Claude Moore Complex Addition at the Roanoke Higher Education Center located on an adjacent parcel of land, designated as Official Tax Map No. 2013012, and owned by the Roanoke Higher Education Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, April9, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a Deed of Easement to the Western Virginia Water Authority, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#411 04-041618) AN ORDINANCE authorizing the conveyance of a permanent sanitary sewer easement, with an approximate width of 20 feet, containing 1,083 square feet, more or less, across City-owned property identified as Official Tax Map No. 2013004, located at 24 Wells Avenue, N. W., Roanoke, Virginia ("Property''), to the Western Virginia Water Authority ("Authority"), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 542.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41104- 041618. The motion was seconded by Council Member Trinkle. The Mayor inquired if there where persons present who wished to speak on the matter. There being none, he declared the public hearing closed.  303 There being no comments and/or questions by the Council Members, Ordinance No. 41104-041618 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. PROPOSAL OF THE CITY OF ROANOKE TO AUTHORIZE AN AGREEMENT REGARDING THE DEVELOPMENT OF A PROPOSED JOINT COMMUNICATIONS CENTER FOR AN 811 CENTER AND AN E-911 CENTER: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 16, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke, pursuant to Ordinance No. 40828-051517 adopted by Roanoke City Council, to authorize an agreement regarding the development of a proposed joint communications center for an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc.; and an E-911 Center to be owned and operated by the City; and the City has entered into a contract for the design/build of the proposed Facility to be located on certain real property, presently owned by the City, situated at 0 Blue Hills Circle, N.E., bearing Official Tax Map No. 7280104, containing approximately 6.5928 acres, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, April 9, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending amendment to Agreement regarding the Design, Development, Construction, and Operation of a Joint Communications Center by and between the City of Roanoke and Virginia Utility Protection Service, Inc.; and amendment to Design Build Contract with Lionberger Construction Company for the construction of the E911NA811 Communications Center, subject to approval as to forms by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#41105-041618) AN ORDINANCE authorizing the City Manager to execute a First Amended and Restated Agreement ("Agreement") to amend certain terms of the Original Agreement to (i) amend the Property description, (ii) amend the process for establishing the Joint Communications Center as a condominium, and (iii) provide for the sale of a condominium unit in the Joint Communications Center to VA811, regarding the development of a proposed joint communications center ("Facility") for an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc. ("VA811"), 304 and an E-911 Center to be owned and operated by the City of Roanoke ("Joint Project") which the City of Roanoke has entered into a contract for the design/build of the proposed Facility to be located on certain real property, presently owned by the City, situated at 0 Blue Hills Circle, N. E., Roanoke, Virginia, bearing Official Tax Map No. 72801 04 ("Property"); authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 543.) Council Member Ferris moved the adoption of Ordinance No. 41105-041618. The motion was seconded by Council Member Bestpitch. Rick Pevarski, President and Chief Executive Officer, Virginia Utility Protection Service, Inc.; John McCaden, Balzer and Associates; and Samuel L. Lionberger, Jr., Chairman and Chief Executive Officer, Lionberger Construction Company, were present in support of the project. The Mayor inquired if there where persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following a comment by Council Member Bestpitch, Ordinance No. 41105- 041618 was adopted by the following vote: ... ""~\ AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-?. NAYS: None-D. Council Member Ferris offered the following resolution: (#411 06-041618) A RESOLUTION authorizing the City Manager's issuance and execution of additional change orders to the City's contract with S. Lewis Lionberger Construction Company, for additional design build services for the joint E911NA811 communications center; and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such contract, as amended. (For full text of resolution, see Resolution Book No. 79, page 545.)  305 Council Member Ferris moved the adoption of Resolution No. 41106-041618. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. HEARING OF CITIZEN UPON PUBLIC MATTERS: FISHBURN COTTAGE: Owen McGuire, 2514 Brambleton Avenue, S. W., and appeared before Council to urge reconsideration of a proposition that the City partner with the neighborhood association with regard to the sale of Fishburn Park Cottage and recommended public use of the Cottage. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before Council in connection with the sale of the Fishburn Cottage located in Fishburn Park. She called attention to a letter addressed to the Council dated September 15, 2017 from the Chairman and Vice-Chairman, Parks and Recreation Advisory Board, advising of its role as an advocate for community parks and recreation related issues, and being empowered to make recommendations on behalf of the community concerning how the City's parks and recreation resources are managed. She pointed that the Board was disappointed having not been asked to provide official input regarding the fate of the Fishburn Park caretaker's cottage, and other park properties whose future is in question. (See copy of letter from Parks and Recreation Advisory Board on fife in the City Clerk's Office.) Ms. Cathcart recommended the Caretaker's cottage have a non-profit status, not only for use by the neighborhood, but by all parties interested in preserving the cottage; and added that the City could still own the cottage, while allowing persons to donate funds toward its preservation. She stated that it could be a mutual agreement in which the City would take care of the property in the event the caretakers fall short of expenses as well as allowing for a renegotiation of the agreement. In closing, Ms. Cathcart urged Council to defer action on the sale of the property and offered to donate personal funds towards fundraising efforts. As a follow up inquiry, Council Member Dykstra asked if the Grandin Court Neighborhood Association had previously submitted a proposal for consideration regarding the Fishburn Park cottage, or had the Association written, submitted, and followed the City-owned property request guidelines; whereupon, Ms. Cathcart replied that the Association would like additional time to further develop its plan prior to the City trying to sell the property. 306 In response to an inquiry as to whether a proposal had been submitted by the Neighborhood Association, Ms. Cathcart answered that no proposal had been submitted. As discussion continued, Council Member Dykstra advised that the City's proposal process would allow the Grandin Road Neighborhood Association to submit a proposal in partnership with whomever it chooses, whether it be the City or another entity to take ownership of the property. It was reiterated that inasmuch as the Grandin Road Neighborhood Association had not submitted anything in writing, it could not be considered part of the proposal process, re-emphasizing that the City has an open proposal process. Following extensive dialogue, Council Member Bestpitch concluded that he completely agreed with the importance of saving the historic structure (Fishburn Cottage) and he supports the process that is being used by the City. OTHER BUSINESS: ORANGE AVENUE AND 11TH STREET PEDESTRIAN CROSSING: Mayor Lea advised that several citizens have expressed concern with regard to the traffic signal at Orange Avenue and 11th Street, N. W., which was recently removed in connection with the 1Oth Street Improvement Project. The Assistant City Manager for Operations explained that there were significant improvements made at the intersection which included a dedicated left turn lane from westbound Orange Avenue to 1Oth Street (previously left turn movements were not allowed) and pedestrian crossing improvements (addition of pedestrian crossing signals); and while the traffic signal at 11th Street provided some level of protection for pedestrian movement, it was no longer required for the purpose of traffic control given the improvements at 1oth Street intersection. He noted that there is a crosswalk on both sides of the intersection at 11th Street and pedestrian crossing signs have been added to facilitate safe pedestrian movement. Following discussion of the matter, the City Manager stated that staff would monitor the location; and determine if additional measures, such as a flashing pedestrian crossing warning light, were warranted, and thereafter, report back to the Council. MOUNTAIN VALLEY PIPELINE: Council Member Garland expressed concern regarding the increased sediment in the Roanoke River and its tributaries in connection with the proposed Mountain Valley Pipeline.  307 Following in-depth discussion, the City Manager was instructed to provide an update on the status of the Mountain Valley Pipeline. At 8:08 p.m., the Mayor declared the Council meeting in recess until Thursday, April 26, 2018, at 7:00 p.m., in the Council Chamber, for the purpose of conducting public hearings on the Recommended Fiscal Year 2018 - 2019 City of Roanoke Budget; Proposed Real Estate Tax Rate Increase due to Increased Assessments; and Recommended 2018- 2019 HUD Funds Budget and 2018-2019 Annual Update to the 5-Year Consolidated Plan. The recessed meeting of Roanoke City Council was called to order on Thursday, April 26, 2018 at 7:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Lea presiding. PRESENT: Council Members Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. 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. Mayor Lea announced that the purpose of the recessed meeting was to conduct three public hearings regarding the Recommended Fiscal Year 2018 - 2019 City of Roanoke Budget; Proposed Real Estate Tax Rate Increase due to Increased Assessments; and Recommended 2018 - 2019 HUD Funds Budget and 2018-2019 Annual Update to the 5-Year Consolidated Plan. He explained there would be no discussion or action taken by the Council during or at the conclusion of the public hearings. 308 RECOMMENDED FISCAL YEAR 2018 - 2019 CITY BUDGET: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 26, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of the Recommended Fiscal Year 2018 - 2019 City Budget, in the amount of $291,699,000.00, to afford persons an opportunity to speak and state their views concerning all aspects of the budget, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, April 18, 2018; and The Roanoke Tribune on Thursday, April 19, 2018. (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the proposed budget; whereupon, the following appeared before the Council: Catherine Koebel, 2625 Longview Avenue, S. W. Polly Branch, 6928 Crowell Gap Road (Roanoke County) Madeleine Pressley, 2220 Ross Lane, S. W. Bella Webb- Gardner, 747 29th Street, N. W. Sarah C. Pressley, 2220 Ross Lane, S. W. Katie Berding, 2814 Jefferson Street, S. W. Jason Lambert, 641 Yorkshire Court (Botetourt County) Teresa Gill-Walker, 2807 Ordway Drive, N. W. Ross Merrian, 658 Day Avenue, S. W., Apt #C Fred Danaher, 301 1st street, S. W., Apt# 506 Jennifer Page, 301 1st Street, S. W., Apt #506 Martin Jeffrey, 421 Fairfax Avenue, N. W. Natasha Harper, 2019 Colgate Street, N. E. There being no further speakers, Mayor Lea declared the public hearing closed. EFFECTIVE TAX RATE INCREASE: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 26, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the "effective tax rate increase", the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, March 26, 2018; and The Roanoke Tribune on Thursday, March 29, 2018. (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the following individual appeared before the Council: Martin Jeffrey, 421 Fairfax Avenue, N. W. There being no further speakers, Mayor Lea declared the public hearing closed.  309 CITY'S PROPOSED 2018-2019 HUD FUNDS BUDGET AND 2018-2019 ANNUAL UPDATE TO THE 5-YEAR CONSOLIDATED PLAN: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 26, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the City's Proposed 2018-2019 HUD Funds Budget and 2018-2019 Annual Update to the 5-Year Consolidated Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, April 4, 2018; and the Roanoke Tribune on Thursday, April 5, 2018. (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the following individuals appeared before Council: Jan Keister, 817 Marshall Avenue, S. W.; Karen Mason, 3435 Melrose Avenue, N. W. and Martin Jeffrey, 421 Fairfax Avenue, N. W. There being no further speakers, the Mayor declared the public hearing closed. The Mayor announced that the City Council will adopt the Recommended FY2018-2019 Budget, along with other related measures during a Recessed Meeting on Monday, May 14 at 2:00p.m., ,in the City Council Chamber. There being no further business to come before the Council, Mayor Lea declared the Recessed meeting adjourned at 7:55p.m. APPROVED c~~r:~~~~ City Clerk ~'(./,_~ Sherman P. Lea, Sr. Mayor