City Council
Regular MeetingRoanoke, VA · June 18, 2018
Minutes
390
ROANOKE CITY COUNCIL-REGULAR SESSION
June 18, 2018
2:00p.m.
The Council of the City of Roanoke met in regular session on Monday, June 18,
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 William D. Bestpitch, Michelle L. Dykstra (arrived
late), Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle 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 The Reverend Barbara C. Thomas, Pastor,
Spirit of Life Church International.
At this point, Council Member Dykstra entered the meeting (2:06p.m.).
PRESENTATIONS AND ACKNOWLEDGEMENTS:
RECOGNITION OF JAMES TAYLOR: Mayor Lea recognized James H. Taylor
upon his retirement as Courier for the City of Roanoke.
Following comments by the Council Members and the City Clerk, Mayor Lea
presented Mr. Taylor with a Key to the City.
391
RECOGNITION OF RAPHAEL FERRIS: Council Member Bestpitch offered the
following resolution paying tribute to the Honorable Raphael E. "Ray" Ferris as a
Council Member:
(#41155-061818) A RESOLUTION paying tribute to the Honorable Raphael
(Ray) E. Ferris, and expressing to him the appreciation of the City and its people for his
exemplary public service.
(For full text of resolution, see Resolution Book No. 79, page 628.)
Council Member Bestpitch moved the adoption of Resolution No. 41155-061818.
The motion was seconded by Council Member Dykstra.
Following comments by the Council, Resolution No. 41155-061818 was adopted
by the following vote:
A YES: Council Members Bestpitch, Dykstra, Garland, Price, Trinkle and Mayor
Lea-6.
NAYS: None-0.
(Council Member Ferris abstained from voting.)
RECOGNITION OF DAVID TRINKLE: Council Member Ferris offered the
following resolution paying tribute to the Honorable David B. Trinkle as a Council
Member and former Vice-Mayor of the City of Roanoke.
(#41156-061818) A RESOLUTION paying tribute to the Honorable David B.
Trinkle, and expressing to him the appreciation of the City and its people for his
exemplary public service.
(For full text of resolution, see Resolution Book No. 79, page 629.)
Council Member Ferris moved the adoption of Resolution No. 41156-061818.
The motion was seconded by Council Member Dykstra.
Following comments by the Council, Resolution No. 41156-061818 was adopted
by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, and Mayor
Lea-6.
NAYS: None-D.
(Council Member Trinkle abstained from voting.)
392
... '"*
ACKNOWLEDGEMENTS: Mayor Lea recognized Daun Hester, City Treasurer,
City of Norfolk, Virginia, and former Democratic State Delegate, who was in attendance
at the Council meeting.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CERTIFICATE OF APPRECIATION: Timothy Shepherd, Past Master; and Scott
St. Clair, Current Master, The Grand Lodge of Masons of Virginia, presented The
Community Builders Award to Council Member Trinkle, which had been issued by
Pleasants Lodge Number 63.
LACK OF INVESTMENT: Robert Gravely, 3360 Hershberger Road, N. W.,
appeared before the Council and shared concern regarding the lack of investment in the
black community.
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. The
Mayor called attention to a request from the Roanoke City Council Personnel Chair for
City Council to convene in a Closed meeting to discuss the annual performances of the
Council-appointed officers; and two additional requests from the City Manager for City -
Council to convene in a Closed meeting to discuss the disposition of a portion of City-
owned property located at 502 191h Street, S. E., and 3137 Preston Avenue, N. W.,
respectively.
MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the
regular meeting of City Council held on Monday, May 21, 2018, was before the body.
{See Minutes on file in the City Clerk's Office.)
Council Member Trinkle moved that the reading of the minutes be dispensed with
and approved as recorded. The motion was seconded by Council Member Ferris and
adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
393
ANNUAL PERFORMANCES OF THE COUNCIL-APPOINTED OFFICERS: A
written communication from Council Member David B. Trinkle, Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to discuss
a personnel matter, being the annual performances of the Council-Appointed Officers,
pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, was before
the body.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that Council concur in the request as
abovementioned. The motion was seconded by Council Member Ferris and adopted by
the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
RESIGNATION OF JOSEPH L. COBB AS A MEMBER OF THE ROANOKE
ARTS COMMISSION: A written communication from the City Clerk advising of the
resignation of Joseph L. Cobb as a member of the Roanoke Arts Commission, effective
June 20, 2018, was before the Council.
(See communication on file in the City Clerk's Office.)
Council Member Trinkle moved that the resignation be accepted and the
communication be received and filed. The motion was seconded by Council Member
Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
EMERGENCY PROCUREMENT NOTIFICATION: A written communication from
the City Manager with regard to an emergency procurement notification for debris
removal for Mudlick Creek Culvert at Brandon Avenue, S. W., was before the body.
(See communication on file in the City Clerk's Office.)
394
Council Member Trinkle moved that the communication be received and filed.
The motion was seconded by Council Member Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
MINUTES OF THE AUDIT COMMITTEE: Minutes of the Audit Committee held
on Wednesday, March 7, 2018, was before the body.
(See Minutes on file in the City Clerk's Office.)
Council Member Trinkle moved that the reading of the minutes be received and
filed. The motion was seconded by Council Member Ferris and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
OATHS OF OFFICE-CITY OF ROANOKE PENSION PLAN BOARD OF
TRUSTEES-VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL ADVISORY
BOARD-ROANOKE PUBLIC LIBRARY-ROANOKE NEIGHBORHOOD ADVOCATES-
ROANOKE VALLEY GREENWAY COMMISSION: Reports of qualification of the
following individuals were before the Council:
Charles E. Hunter, Ill, as the Citizen At-Large representative of the City of
Roanoke Pension Plan, Board of Trustees, for a four-year term of office
ending June 30, 2022;
Joshua C. Johnson as a City representative of the Virginia Western
Community College Local Advisory Board for a four-year term of office
ending June 30, 2022;
Jeanne Bollendorf as a member of the Roanoke Public Library Board for a
three-year term of office ending June 30, 2021;
Jamaal Jackson as a member of the Roanoke Neighborhood Advocates
for a three-year term of office, commencing July 1, 2018 and ending June
30, 2021;
395
John R. Francis, Jr., as City representative of the Virginia Western
Community College Local Advisory Board for a four-year term of office
ending June 30, 2022;
Lieutenant Jeffrey Newman (Police) as the Public Safety representative of
the City of Roanoke Pension Plan, Board of Trustees, for a two-year term
of office ending June 30, 2020; and
James Revercomb, Ill, as a City representative of the Roanoke Valley
Greenway Commission for a three-year term of office ending June 30,
2021.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Council Member Trinkle moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Ferris and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
CITY-OWNED PROPERTY LOCATED AT 3137 PRESTON AVENUE, N. W.: A
written communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss the disposition of a portion of City-owned property located at
3137 Preston Avenue, N. 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 Trinkle moved that Council concur in the request of the City
Manager as abovementioned. The motion was seconded by Council Member Ferris
and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
396
CITY-OWNED PROPERTY LOCATED AT 502 19TH STREET, S. E.: A written
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss the disposition of a portion of City-owned property located at 502
191h Street, S. E., 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 Trinkle moved that Council concur in the request of the City
Manager as abovementioned. The motion was seconded by Council Member Ferris
and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-D.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER:
BRIEFINGS:
Update on Major Capital Projects:
The City Manager gave an overview of the following capital projects:
E-911/811 Call Center
• Joint project with Virginia Utility Protection Service, using design/build
process.
• Design and engineering underway and in process of being completed.
• Construction is targeted to begin in July.
Melrose Library:
• Renovation of existing space at Goodwill Jobs Campus.
• Construction is underway.
• Project completion anticipated in late spring 2019.
397
Fire Station 7
• Design and engineering undeiWay for the initial option of building a
replacement station and the concept/option of incorporating the
existing building into the program and the project for the new station.
• Anticipate Council briefing on August 61h.
Colonial Avenue Improvements
• Construction is unde!Way.
• Project includes improvements between Overland and Winding Way.
• Focus is to create a corridor which compliments Virginia Western
Community College.
• Scope includes sidewalks and enhanced pedestrian crossings, bicycle
lanes, roundabouts at Overland, McNeil, and Winding Way to improve
vehicular traffic flow through the corridor, extensive landscaping, and
stormdrain improvements.
Franklin Road Bridge Replacement
• Project is 70% complete.
• Structural steel girders are being set.
• On target for completion in January 2019.
Main Street!Wasena Bridge
• Previously discussed with City Council the replacement option and
rehabilitation option.
• Contract has been negotiated for design and engineering services for
replacement of the structure.
• Scope includes preliminary/concept design, evaluation of potential
roadway/intersection improvements, and design to 50% plan
completion, including coordinating bridge aesthetics, architectural
elements, roadway design alignment, horizontal and vertical
clearances with Norfolk Southern Railroad.
• Cost of $2 million.
• Current total estimated cost of $24 million
• Plan to apply for State funding (Smart Scale, Revenue Sharing, and
possibly State of Good Repair) to reduce local share cost.
Following comprehensive dialogue regarding the Wasena Bridge project, being
the lack of communication with the community regarding the Wasena Bridge project and
State funding, Council Member Garland offered a motion to delay the execution of a
contract for design and engineering services in order for the Council to have an
opportunity to have further discussion of the restoration option and receive community
comments. The motion died for lack of a second.
Without objection by the Council, the City Manager was instructed to proceed
with the execution of the design and engineering services contract.
398
Stormwater Utility Progress Update:
Dwayne D'Ardenne, Stormwater Utility Manager, gave a Stormwater Utility
progress report, highlighting the following items:
o Stormwater Utility
o 3-Year Utility Fee Phase In
o FY2017 Fee Revenue/Credits
o FY2017 Actual Expenditures
o What, Why, and How
o Drainage CIP Projects
o CIP Project Status
o Maintenance
o Maintenance and Operations
o Water Quality
0 1 + 13
o Sediment TMDL/PCB TMDL/Bacteria TMDL
0 1 + 11
o End Goal vs. Current Situation
o Trout Run Watershed
o FEMAAZone
o 1985 Flood of Record
o 2016 Three 4% Storms
o 4% Chance Rain Event
o Hurricane Matthew- October 7 & 8, 2016
o 9% Tree Canopy & 66% Impervious
o Abstraction
o Attenuation
o Hydraulic
o Roanoke River Flood Reduction Project
o Floodplain Acquisitions
(See copy of presentation on file in the City Clerk's Office.)
Following questions and comments by the Council, the Mayor advised that the
remarks would be received and filed.
399
ITEMS RECOMMENDED FOR ACTION:
ACCEPTANCE OF THE FY 2018 BYRNE/JUSTICE ASSISTANCE GRANT
(JAG)- EQUIPMENT AND TECHNOLOGY GRANT: The City Manager submitted a
written communication recommending acceptance of the FY 2018 Byrne/Justice
Assistance Grant (JAG)- Equipment and Technology Grant from the Virginia
Department of Criminal Justice Services.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Ferris offered the following resolution:
(#41157-061818) A RESOLUTION authorizing the acceptance of the Edward
Byrne Memorial Justice Assistance Grant Program made to the City of Roanoke by the
Virginia Department of Criminal Justice Services for Equipment and Technology, and
authorizing execution of any required documentation on behalf of the City.
(For full text of resolution, see Resolution Book No. 79, page 631.)
Council Member Ferris moved the adoption of Resolution No. 41157-061818.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
A YES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
Council Member Ferris offered the following budget ordinance:
(#41158-061818) AN ORDINANCE to appropriate funding from the Federal
government, Department of Justice, for the Byrne Memorial Justice Assistance Grant
(JAG) 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 632.)
Council Member Ferris moved the adoption of Budget Ordinance No.
41158-061818. The motion was seconded by Council Member Trinkle and adopted by
the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
400
ACCEPTANCE OF A CHILD ABUSE AND NEGLECT PREVENTION
PROGRAM GRANT: The City Manager submitted a written communication
recommending acceptance of a Child Abuse and Neglect Prevention Program Grant
from the Virginia Department of Social Services.
(For full text, see communication on file in the City Clerk's Office.)
Vice-Mayor Price offered the following resolution:
(#41159-061818) A RESOLUTION authorizing the acceptance of the Child
Abuse and Neglect Prevention Program Grant to the City of Roanoke ("City") by the
Virginia Department of Social Services ("VOSS") in the amount of $50,000.00; and
authorizing the City Manager to execute any documentation required to accept the
Grant on behalf of the City.
(For full text of resolution, see Resolution Book No. 79, page 633.)
Vice-Mayor Price moved the adoption of Resolution No. 41159-061818. The
motion was seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
Vice-Mayor Price offered the following budget ordinance:
(#41160-061818) AN ORDINANCE to appropriate funding from the Virginia
Department of Social Services for the Child Abuse and Neglect Prevention Program
Grant, amending and reordaining certain sections of the 2018 - 2019 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 634.)
Vice-Mayor Price moved the adoption of Budget Ordinance No. 41160-061818.
The motion was seconded by Council Member Trinkle and adopted by the following
vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: Non e-O.
401
ACCEPTANCE OF A DONATION FROM ROANOKE INTERNATIONAL
MOUNTAIN BICYCLING ASSOCIATION: The City Manager submitted a written
communication recommending acceptance of a donation from Roanoke International
Mountain Bicycling Association.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#41161-061818) A RESOLUTION authorizing acceptance of a donation of a
pumptrack from the Roanoke International Mountain Bicycling Association to the City of
Roanoke and authorizing execution of any and all necessary documents to accept the
donation.
(For full text of resolution, see Resolution Book No. 79, page 635.)
Council Member Trinkle moved the adoption of Resolution No. 41161-061818.
The motion was seconded by Council Member Dykstra.
Following comments by Council Members Garland and Dykstra regarding the
pumptrack being purchased by a group of citizens and donated to the City, Resolution
No. 41161-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
ACCEPTANCE OF THE 2018- 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM AND EMERGENCY
SOLUTIONS GRANT ENTITLEMENT FUNDS: The City Manager submitted a written
communication recommending acceptance of the 2018 - 2019 Community Development
Block Grant, Home Investment Partnerships Program and Emergency Solutions Grant
Entitlement funds from the Department of Housing and Urban Development.
(For full text, see communication on file in the City Clerk's Office.)
402
Council Member Trinkle offered the following resolution:
(#41162-061818) A RESOLUTION authorizing acceptance of certain grants from
the United States Department of Housing and Urban Development (HUD) for
entitlement funding for the 2018 - 2019 fiscal year consisting of the Community
Development Block Grant (CDBG), the HOME Investment Partnerships Program
(HOME) Grant, and the Emergency Solutions Grant (ESG), such grants to be used in
connection with the 2018- 2019 HUD Action Plan previously approved by City Council;
upon certain terms and conditions, and authorizing the execution of the necessary
grant documents required to accept such funding.
(For full text of resolution, see Resolution Book No. 79, page 636.)
Council Member Trinkle moved the adoption of Resolution No. 41162-061818.
The motion was seconded by Council Member Bestpitch.
Council Member Dykstra called attention to a previous Statement of Conflict
which was read into the record on Monday, May 14 at a recess meeting of City Council,
noting that her employer, Boys & Girls Clubs of Southwest Virginia, Inc., has an interest
in a lease transaction with Restoration Housing, situated at 2750 Hoover Street, N. W.,
the former Villa Heights Recreation Center, and Restoration Housing having sought a
grant from the City's programs funded through various programs administered through
the United States Department of Housing and Urban Development (HUD) Plan, she will
refrain from participating in the agenda item involving the HUD Plan and budget under
-
consideration.
There being no additional comments and/or questions by the Council, Ordinance
No. 41162-061818 was adopted by the following vote:
A YES: Council Members Bestpitch, Ferris, Garland, Price, Trinkle and Mayor
Lea-6.
NAYS: None-0.
(Council Member Dykstra abstained from voting.)
403
Council Member Trinkle offered the following budget ordinance:
(#41163-061818) AN ORDINANCE to appropriate funding from the Department
of Housing and Urban Development (HUD) for the Community Development Block
Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency
Solutions Grant (ESG), amending and reordaining certain sections of the 2018 - 2019
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 637.)
Council Member Trinkle moved the adoption of Budget Ordinance No.
41163-061818. The motion was seconded by Council Member Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Ferris, Garland, Price, Trinkle and Mayor
Lea-6.
NAYS: None-0.
(Council Member Dykstra abstained from voting.)
APPROPRIATION OF RESIDUAL FUNDING FROM THE TECHNOLOGY AND
FLEET FUNDS: The City Manager submitted a written communication recommending
appropriation of residual funding from the technology and fleet funds.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Bestpitch offered the following budget ordinance:
(#41164-061818) AN ORDINANCE to appropriate funding from the Residual
Technology and Fleet Funds for technology capital needs and Capital Project
Contingency, amending and reordaining certain sections of the 2017 - 2018 General
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 79, page 640.)
Council Member Bestpitch moved the adoption of Budget Ordinance No. 41164-
061818. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
404
APPROPRIATION OF RESIDUAL FUNDING FROM THE TECHNOLOGY AND
FLEET FUNDS: The City Manager submitted a written communication recommending
appropriation of funds in connection with the Fiscal Year 2018 revenue and expenditure
budget adjustments.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following budget ordinance:
(#41165-061818) AN ORDINANCE to increase the transfers to Roanoke City
Public Schools and Berglund Center, operating expenditures for Off-Duty Earnings
(Police and Sheriff), community organizations, and Budget Contingency expenditures,
and to increase revenue budget estimates for local taxes and other revenues, amending
and reordaining certain sections of the 2017 - 2018 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 79, page 641.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 41165-
061818. The motion was seconded by Council Member Ferris and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
ANNUAL FIREWORKS SHOW AT RIVER'S EDGE SPORTS COMPLEX: The
City Manager submitted a written communication recommending execution of an
agreement between the City of Roanoke and Carilion Property Management, Inc., in
connection with the Annual Fireworks Show at River's Edge Sports Complex on
Wednesday, July 4, 2018.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Ferris offered the following resolution:
(#41166-061818) A RESOLUTION authorizing execution of an Agreement with
Carilion Property Management, Inc., in connection with the use of the Crystal Spring
Garage, the Riverwalk Garage, and parking spaces on Evans Mill Road during the 2018
annual fireworks show.
(For full text of resolution, see Resolution Book No. 79, page 642.)
405
Council Member Trinkle advised of a personal conflict of interests due to his
employer, Carilion Medical Center, is affiliated with Carilion Property Management, Inc.
and read the following statement into record:
"STATEMENT OF CONFLICT OF INTEREST
I, David B. Trinkle, state that I have a personal interest in Agenda Item 7.a.7 of
the City Council Agenda for June 18, 2018, regarding the Execution of an agreement
between the City and Carilion Property Management, Inc. for parking at facilities owned
and operated by Carilion Property Management, Inc. for July 4, 2018, because my
employer, Carilion Medical Center, is affiliated with Carilion Property Management, Inc.
I have no role in this program and do not participate in any decision-making processes
involving this matter on behalf of my employer.
Therefore, pursuant to Virginia Code Sections 2.2-3110 A. 4 and 2.2-3112 A. 1, I
must refrain from participation in this matter. I ask that the City Clerk accept this
statement and ask that it be made a part of the minutes of this meeting.
Witness the following signature made this 18th day of June, 2018.
S/David B. Trinkle
David B. Trinkle, Member of Council"
(See Statement of Conflict of Interest on file in the City Clerk's Office.)
Council Member Ferris moved the adoption of Resolution No. 41166-061818.
The motion was seconded by Council Member Bestpitch and adopted by the following
vote:
A YES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price and Mayor
Lea-6.
NAYS: None-0.
(Council Member Trinkle abstained from voting.)
LEASE EXTENSION AGREEMENT WITH RICHARD E. AND CASSIE M.
BEVERLY: The City Manager submitted a written communication recommending
execution of a lease extension agreement with Richard E. and Cassie M. Beverly for
property located at 2410 Mason Mill Road, N. E., until July 31,2018.
(For full text, see communication on file in the City Clerk's Office.)
406
Council Member Bestpitch offered the following ordinance:
(#41167-061818) AN ORDINANCE authorizing the City Manager to execute
Lease Extension Agreement No. 1 to a Lease Agreement with the City of Roanoke,
Virginia ("City") and Richard E. Beverly and Cassie M. Beverly ("Beverlys"), for the lease
of an approximately 0.9917 acre parcel of City-owned property located at 2410 Mason
Mill Road, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No.
7170509; and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 79, page 643.)
Council Member Bestpitch moved the adoption of Ordinance No. 41167-061818.
The motion was seconded by Council Member Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
AUTHORIZATION OF AN ENCROACHMENT PERMIT FOR GREATER
ROANOKE TRANSIT COMPANY: The City Manager submitted a written
communication recommending authorization of an encroachment permit for Greater
Roanoke Transit Company for a bus shelter located at the intersection of Patterson
Avenue and 13th Street, S. W.
-
(For full text, see communication on file in the City Clerk's Office.)
Council Member Bestpitch offered the following ordinance:
(#41168-061818) AN ORDINANCE allowing a bus shelter encroachment
requested by the Greater Roanoke Transit Company d/b/a Valley Metro ("GRTC"), into
the public right-of-way located at the southwest corner of Patterson Avenue, S. W. and
13th Street, S. W., Roanoke, Virginia, in front of a vacant parcel owned by the West End
Center, Inc., designated as Official Tax Map No. 1213407, upon certain terms and
conditions, and dispensing with the second reading of this Ordinance by title.
(For full text of ordinance, see Ordinance Book No. 79, page 644.)
Council Member Bestpitch moved the adoption of Ordinance No. 41168-061818.
The motion was seconded by Council Member Ferris.
Council Member Dykstra called attention to a personal conflict of interest
regarding the encroachment permit for Greater Roanoke Transit Company inasmuch as
she was President of Mountain View Neighborhood Association at the time the
application for a grant had been made for funding for a bus shelter as abovementioned.
407
"STATEMENT OF CONFLICT OF INTEREST
I, Michelle L. Dykstra, state that I have a personal interest in Agenda Item 7.a.9
of the City Council Agenda for June 18, 2018, regarding an encroachment permit for
Greater Roanoke Transit Company (GRTC) within the right-of-way at Patterson Avenue
and 13th Street, S. W., to construct and maintain a bus shelter, because, as President of
the local neighborhood association, I made application for a grant that will provide
funding for this bus shelter.
Therefore, pursuant to Virginia Code Sections 2.2-311 O(A)( 4) and
2.2-3112(A)( 1), I must refrain from participation in this matter. I ask that the City Clerk
accept this statement and ask that it be made a part of the minutes of this meeting.
Witness the following signature made this 18th day of June 2018.
S/Michelle L. Dykstra
Michelle L. Dykstra, Member of Council"
(See Statement of Conflict of Interest on file in the City Clerk's Office.)
Following comments by the Council Members regarding bus shelters in the City,
Ordinance No. 41168-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Ferris, Garland, Price, Trinkle and Mayor
Lea-6.
NAYS: None-0.
(Council Member Dykstra abstained from voting.)
AMENDMENT OF THE CITY CODE TO CORRECT A REFERENCE WITHIN
CHAPTER 11.6: The City Manager submitted a written communication recommending
amendment of the City Code to correct a reference within Chapter 11.6, Stormwater
Management.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Trinkle offered the following ordinance:
(#41169-061818) AN ORDINANCE amending and reordaining Section 11.6-603,
Enforcement, holds on certificates of occupancy, of Chapter 11.6, Stormwater
Management, Code of the City of Roanoke (1979), as amended; and dispensing with
the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 79, page 646.)
408
Council Member Trinkle moved the adoption of Ordinance No. 41169-061818.
The motion was seconded by Council Member Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
COMMENTS OF THE CITY MANAGER.
The City Manager offered the following comments:
Star City Motor Madness
• On Friday and Saturday, June 22-23, Roanoke will see an influx of visitors
from the region for Star City Motor Madness, honoring America's passion of
the automobile and the love of cruising.
• Since 2002, this event has been held the last Friday and Saturday in June
and draws people throughout the Mid-Atlantic and beyond. It is, in fact, one of
the biggest automotive events in the Mid-Atlantic.
• Friday night is the "Cruise-ln." From 6:00 p.m. to 10:00 p.m. spectators will
line both sides of Williamson Road to see classic and special interest
automobiles, trucks, and motorcycles cruise on Roanoke's historic "strip."
• Saturday is the Car and Truck Show in Downtown Roanoke from 10:00 a.m.
to 4:00 p.m., followed by an "after party" at the Virginia Museum of
Transportation.
• Proceeds from this event go to the Virginia Museum of Transportation, as well
as other non-profit organizations.
Roanoke's Fireworks on the Fourth
• The city will host its annual fireworks display
• This is the area's biggest and best fireworks show!
• Wednesday, July 4
• River's Edge Sports Complex
• Food trucks, inflatables, and face painting
• Music performed by Winds of the Blue Ridge
• Activities begin at 7:00p.m.
• Fireworks begin at 9:15 p.m.
• Citizens are invited to join us for this annual celebration of America's
independence.
409
2018 Budweiser Summer Series
• Downtown Roanoke Inc. has announced its annual concert series in Elmwood
Park, which will include three performers:
o August 17 -The B-52s
o September 7 - Gary Allan
o September 22- Young the Giant
• Tickets for all shows are on sale and can be purchased online at
brownpapertickets.com, or by phone at 1-800-838-3006 (option 1).
• More information is available on the Downtown Roanoke Inc. website at
www.downtownroanoke.org.
FY2018-2019 Adopted Budget Document is available and may be viewed on the
City's Website.
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.)
Council Member Trinkle offered the following budget ordinance:
(#41170-061818) AN ORDINANCE to appropriate funding from the
Commonwealth and 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 647.)
Council Member Trinkle moved the adoption of Budget Ordinance No. 41170-
061818. The motion was seconded by Council Member Ferris and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
UNFINISHED BUSINESS: NONE.
410
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
MEMORIALIZING THE LATE DR. CHARLES W. STEGER: Council Member
Trinkle offered the following resolution memorializing the late Dr. Charles W. Steger,
former President, Virginia Polytechnic University:
(#41171-061818) A RESOLUTION memorializing the late Charles W. Steger, Jr.,
President Emeritus of Virginia Polytechnic Institute and State University.
(For full text of resolution, see Resolution Book No. 79, page 648.)
Council Member Trinkle moved the adoption of Resolution No. 41171-061818.
The motion was seconded by Council Member Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ROANOKE HOPE INITIATIVE MEETING: Announcement of a Roanoke Valley
Hope Initiative to be held on Thursday, June 21 at 3:00p.m., at the Bradley Free Clinic,
to address substance abuse disorders, including the opioid epidemic as well as a
substance of cocaine and methamphetamine use. All interested parties and those who
provide such services were encouraged to be in attendance.
SECOND ANNUAL NCAA FOOTBALL CLINIC: Announcement of the Second
Annual NCAA Football Clinic to be held on Wednesday, July 18 at the Salem Football
Stadium from 6:00 p.m. - 8:00 p.m. Free admission. Limit to first 200 participants.
Transportation provided. Youth ages 7 - 13. Contact Mayor Lea for additional
information.
VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND
COMMITTEES APPOINTED BY COUNCIL: NONE.
At 5:32 p.m., the Mayor declared the Council Meeting in recess until 7:00 p. m.
411
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 William D. Bestpitch, Michelle L. Dykstra,
Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle 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 Minister James L. Jordan, Sr., Associate
Minister, First Baptist Church Hollins.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Lea.
CERTIFICATION OF CLOSED MEETING: 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 Trinkle and adopted by the
following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
PUBLIC HEARINGS:
AMENDMENT TO THE STORMWATER UTILITY CODE: Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing for
Monday, June 18, 2018 at 7:00p.m., or as soon thereafter as the matter may be heard,
to consider a proposed ordinance amending Section 11.5-7, Stormwater utility fee
credits, and Section 11.5-10, Definitions, of Chapter 11.5, Stormwater Utility, of the
Code of the City of Roanoke (1979), as amended, to establish the process under which
the City would provide credits against the stormwater fee for property owners who
maintain on-site stormwater management facilities and add a definition for "Best
management practice", the matter was before the body.
412
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, June 4, 2018 and Monday, June 11, 2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending adoption of
amendments to the City's Stormwater Utility Code, with an effective date of July 1,
2018.
(For full text, see report on file in the City Clerk's Office.)
Council Member Trinkle offered the following ordinance:
(#41172-061818) AN ORDINANCE amending and reordaining Section 11.5-7.
Stormwater utility fee credits, and Section 11.5-10. Definitions, of Chapter 11.5,
Stormwater Utility, of the Code of the City of Roanoke (1979), as amended; providing
for an effective date; and dispensing with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 79, page 650.)
Council Member Trinkle moved the adoption of Ordinance No. 41172-061818.
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.
There being no questions and/or comments by the Council Members, Ordinance
No. 41172-061818 was adopted by the following vote:
A YES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
AMEND CHAPTER 36.2, ZONING, CODE OF THE CITY OF ROANOKE, (1979),
AS AMENDED: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18,
2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider
proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke
(1979), as amended, by amending and reordaining, adding or deleting the following
code sections to update, clarify and make the City's zoning ordinance easier to use for
its citizens, and to make the City's zoning ordinance consistent with state code, such
amendments not constituting a comprehensive rezoning or change of any densities that
would decrease permitted density in any district, unless otherwise noted, the matter was
before the body. ..,_...,
413
Legal advertisement of the public hearing was published in The Roanoke Times
on Tuesday, May 29, 2018, and Tuesday, June 5, 2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval as the proposed amendments to the Zoning Ordinance.
(For full text, see report on file in the City Clerk's Office.)
Council Member Ferris offered the following ordinance:
(#41173-061818) AN ORDINANCE amending and reordaining Section 36.2-205,
Dimensional regulations; Section 36.2-311, Use table for residential districts; Section
36.2-315, Use table for multiple purpose districts; Section 36.2-316, Dimensional
regulations for multiple purpose districts; Section 36.2-322, Use table for industrial
districts; Section 36.2-327, Use table for planned unit development districts; Section
36.2-333, Floodplain Overlay District (F); Section 36.2-402, Accessory apartments;
Section 36.2-405, Bed and breakfast and homestay establishments; Section 36.2-411,
Gasoline stations; Section 36.2-423, Outdoor storage; Section 36.2-424, Parking of
motor vehicles in residential districts; Section 36.2-432, Wireless telecommunications
facilities and broadcasting towers; Section 36.2-433, Workshops; Section 36.2-552,
Basic development plans; Section 36.2-622, Exempt lighting; Section 36.2-623,
Definitions; Section 36.2-642, General landscaping and screening standards; Section
36.2-647, Buffering and screening; Section 36.2-661, Applicability; Section 36.2-662,
Definitions; Section 36.2-663, Prohibited signs; Section 36.2-667, Calculation of sign
area and number of on-premises signs; Section 36.2-669, Changeable copy signs and
electronic readerboard signs; and Appendix A, Definitions; of Chapter 36.2, Zoning, of
the Code of the City of Roanoke (1979), as amended, for the purposes of amending and
reordaining the following code sections to update, clarify and make the City's zoning
ordinance easier to use for its citizens and consistent with state law; and dispensing
with the second reading of this ordinance by title.
(For full text of ordinance, see Ordinance Book No. 79, page 658.)
Council Member Ferris moved the adoption of Ordinance No. 41173-061818.
The motion was seconded by Council Member Bestpitch.
Chris Chittum, Director, Planning, Building and Development, advised that there
were no additional changes to the Zoning Ordinance since the June 4 City Council
briefing.
414
The Mayor inquired if there were persons present who wished to speak on the
matter. There being none, he declared the public hearing closed.
Council Member Dykstra inquired about the proposed changes with regard to
feather signs, the bed and breakfast requirement and clarification of the terminology for
homestays versus bed and breakfast establishments; whereupon, Mr. Chittum advised
that signs that blow in the wind would be prohibited, but temporary signs could move.
He further advised that in terms of a bed and breakfast establishment the code would
be a little more permissive in the Mixed-Use and Commercial Neighborhood Districts.
Ms. Dykstra further inquired about the change in the size requirement with regard
to workshops in the downtown area.
Mr. Chittum replied that it was initiated by inquiries from downtown businesses
and the desire to expand for the technical assembly of aeronautics and robotic
prosthetics, but also stay in the downtown area.
Following additional comments by Council Member Dykstra as to the City being
proactive and attempting to accommodate different types of businesses as they grow,
Ordinance No. 41173-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and .....
Mayor Lea-7.
NAYS: None-0.
AMEND THE FEE COMPENDIUM: Pursuant to Resolution No. 25523 adopted
by the Council on Monday, April6, 1981, the City Clerk having advertised a public
hearing for Monday, June 18, 2018, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to consider proposed amendments to the Fee Compendium, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Tuesday, May 29, 2018, and Tuesday, June 5, 2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recommending
approval as the proposed amendments to the Fee Compendium.
(For full text, see report on file in the City Clerk's Office.)
415
Council Member Trinkle offered the following ordinance:
(#4117 4-061818) AN ORDINANCE establishing the fees for application review of
wireless telecommunications facilities pursuant to Section 36.2-432, Wireless
telecommunications facilities and broadcasting towers, of Chapter 36.2, Zoning, of the
Code of the City of Roanoke (1979), as amended; providing for an effective date; and
dispensing with the second reading of this Ordinance by .title.
(For full text of ordinance, see Ordinance Book No. 79, page 718.)
Council Member Trinkle moved the adoption of Ordinance No. 4117 4-061818.
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.
There being no questions and/or comments by the Council Members, Ordinance
No. 41174-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
Council Member Trinkle offered the following resolution:
(#41175-061818) A RESOLUTION directing amendment of the Fee
Compendium; and establishing an effective date.
(For full text of resolution, see Resolution Book No. 79, page 719.)
Council Member Trinkle moved the adoption of Resolution No. 41175-061818.
The motion was seconded by Council Member Ferris and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN
THE CITY OF ROANOKE, VIRGINIA AND OLD SCHOOL PARTNERS II, LLC:
Pursuant to instructions by the Council, the City Clerk having advertised a public
hearing for Monday, June 18, 2018 at 7:00p.m., or as soon thereafter as the matter
may be heard, on a proposed Contract for Purchase and Sale of Real Property between
the City of Roanoke, Virginia, and Old School Partners II, LLC, a Virginia limited liability
416
company, wherein the City proposes to sell to Buyer a portion of certain real property
known as Historic Fire Station One, located at 13 Church Avenue, S. E., consisting of
approximately 0.2307 acres of City-owned property, together with the Fire Station One
building situated thereon the Premises being designated as Official Tax Map No.
4011706, but excluding from the Premises approximately 0.027 acres, more or less on
which the City's trash compactor is presently situated, and the trash compactor situated
thereon, for the sum of $100.00, together with other consideration and performance of
other obligations by Buyer, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, June 11,2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending execution of a
Contract for Purchase and Sale of Real Property between the City of Roanoke and Old
School Partners II, LLC, 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:
(#41176-061818) AN ORDINANCE authorizing the proper City officials to -.
execute a Contract for Purchase and Sale of Real Property ("Contract") between the
City of Roanoke, Virginia ("City"), and Old School Partners II, LLC ("Buyer"), to sell to
Buyer a portion of approximately 0.2307 acres of a City-owned property, together with
the Building situated thereon, known as Historic Fire Station One, located at 13 Church
Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4011706, but
excluding approximately 0.027 acres, more or less on which the City's trash compactor
is presently situated, and the trash compactor situated thereon, upon certain terms and
conditions; 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 720.)
Council Member Bestpitch moved the adoption of Ordinance No. 41176-061818.
The motion was seconded by Council Member Ferris.
R. Brian Townsend, Assistant City Manager for Community Development, gave
background information regarding the sale of the structure and its historical importance,
noting that the performance contract is in exchange for the sale of property for nominal
consideration and the contract purchaser will have a number of obligations to perform,
including types of uses that would be initiated inside the property upon completion of the
project.
417
Mr. Townsend stated that the purchaser intended to renovate the building to
include a combination of retail, light manufacturing, hospitality, and certain types of live
entertainment; and as part of the contraction obligations, the purchaser has agreed to
invest $2 million, including building construction and the like in the renovation of the
building. He further stated that the performance guarantee of $250,000.00 would be
placed on the project to insure compliance and performance by the purchaser during
the renovation of the building; and the purchaser could make no substantive changes to
the mix of uses for approximately five years after completion without City's consent.
In conclusion, the Assistant City Manager for Community Development pointed
out that a placement of a Historic Preservation Easement by the purchaser of the
property would run in perpetuity on the project, with first priority over properties in the
future.
Following additional comments from the City Attorney, Mr. Townsend interjected
that the contract strikes a balance between protection of the City financially, protection
of the building architecturally, and it gives the Developer flexibility to make a viable
project.
Mayor Lea inquired if there were additional persons present who wished to speak
on the matter; whereupon, the following individuals appeared before the Council:
David Parr, Esquire, 4881 Horseman Drive, N.E., appeared in support of the sale
of the Historic Fire Station One property and commended Council for
consideration of this Easement.
Douglas Forbes, 412 South Poplar Street, Apartment 300, Vinton, appeared in
support of the sale of the Historic Fire Station One and reminisced about his Fire
Station adventures as a little boy, and commended the Council for saving this
particular part of the City's history.
There being no additional speakers, Mayor Lea declared the public hearing
closed.
There being no further questions and/or comments by the Council Members,
Ordinance No. 41176-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
418
MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT BY AHF-AFTON
GARDENS, LLC: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 18, 2018 at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the proposal of the City of Roanoke to
authorize issuance by the Public Finance Authority, of its Multifamily Housing Revenue
Bonds in connection with a multi-family affordable housing development by AHF-Afton
Gardens, LLC., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, June 4, 2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that approval of the
issuance of the Bonds by the Public Finance Authority for the purpose of financing the a
multi-family affordable housing development Project by AHF-Afton Gardens, LLC, in
order to satisfy requirements of the Authority and the Federal Tax Requirements and
repeal, revoke, and rescind Resolution No. 41109-050718 in its entirety.
(For full text, see report on file in the City Clerk's Office.)
Council Member Trinkle offered the following resolution:
(#41177-061818) A RESOLUTION approving, solely for purposes of Section
147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and as required
by Section 66.0304(11 )(a) of the Wisconsin Statutes and Section 4 of the Amended and
Restated Joint Exercise Power Agreement Relating to the Public Finance Authority
("Authority") dated as of September 28, 2010 (collectively, "Authority Requirements"),
the issuance by the Public Finance Authority of its Multifamily Housing Revenue Bonds
in one or more series (the "Bonds"), a portion of which Bonds in a principal amount not
to exceed $1,346,000.00 shall be issued for the purpose of financing the costs of the
acquisition by AHF-Afton Gardens, LLC of a multi-family affordable housing
development located in the City of Roanoke (the "City") known as Afton Gardens
Apartments; and repealing Resolution No. 41109-050718.
(For full text of resolution, see Resolution Book No. 79, page 722.)
Council Member Trinkle moved the adoption of Resolution No. 41177-061818.
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.
)~§>',\~
419
There being no questions and/or comments by the Council Members, Ordinance
No. 41177-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
AMENDMENT AND RESTATEMENT OF THE CONTRACT FOR PURCHASE
AND SALE OF REAL PROPERTY BETWEEN THE CITY OF ROANOKE AND
DESCHUTES BREWERY, INC: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, June 18, 2018 at 7:00p.m., or as soon
thereafter as the matter may be heard, on a proposed First Amended and Restated
Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia,
and Deschutes Brewery, Inc., an Oregon corporation qualified to transact business in
the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to
own and/or operate the Facility, wherein the City proposes to amend and restate certain
terms of the Original Contract to amend the description of the parcel described in the
Original Contract to exclude portions of the parcel dedicated to public right of way,
include certain acquired Adjacent Parcels into the Amended Contract as a part of the
Property to be sold to Buyer, increase the Purchase Price, and make adjustments to the
Buyer's timeline for performance, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, June 11, 2018.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report recommending execution of an
Amended Contract between Deschutes Brewery, Inc. and the City of Roanoke, 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 Trinkle offered the following ordinance:
(#41178-061818) AN ORDINANCE authorizing the City Manager to execute a
First Amended and Restated Contract for Purchase and Sale of Real Property, (the
"Amended 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 Buyer certain real property more particularly
described as (i) the real property located at 2002 Blue Hills Drive, N .E., Roanoke,
420
Virginia 24012, designated as Official Tax Map No. 7230101, and containing
approximately 48.2592 acres, together with all improvements thereon; (ii) the real
property located at 2410 Mason Mill Road, N. E., Roanoke, Virginia 24012, designated
as Official Tax Map No. 7170509, and containing approximately 0.9917 acres, together
with all improvements thereon; (iii) the real property located at 2402 Mason Mill Road,
N. E., Roanoke, Virginia 24012, designated as Official Tax Map No. 7170505, and
containing approximately 1.0616 acres, together with all improvements thereon; and (iv)
the real property located at 2320 Mason Mill Road, N. E., Roanoke, Virginia 24012,
designated as Official Tax Map No. 7170504, and containing approximately 1.2395
acres, together with all improvements thereon (collectively, the "Property"), for the
construction and operation of a brewery and warehouse facility (the "Facility"), and to
amend certain terms of the Original Contract to (i) amend the description of the parcel
described in the Original Contract to exclude portions of the parcel dedicated to public
right of way ("Amended Original Parcel"); (ii) include certain acquired Adjacent Parcels
into the Amended Contract as part of the Property to be sold to Buyer, (iii) increase the
Purchase Price, and (iv) make adjustments to Buyer's timeline for performance;
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 724.)
Council Member Trinkle moved the adoption of Ordinance No. 41178-061818.
The motion was seconded by Council Member Ferris.
Following clarification by the City Manager that the abovementioned debt was not
tied to the City and that additional financing had been secured, the Mayor inquired if
there were persons present who wished to speak on the matter. There being none, he
declared the public hearing closed.
There being no questions and/or comments by the Council Members, Ordinance
No. 41178-061818 was adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
NEW BUSINESS:
421
CONSTRUCT A TELECOMMUNICATION FACILITY OR CELL TOWER ON A
PORTION OF CITY-OWNED PROPERTY SITUATED AT 3137 PRESTON AVENUE,
N.W: Council Member Bestpitch offered a motion that City Council authorize the City
Manager to provide authorization to any telecommunication facility or cell tower
company to file the appropriate applications under the City's Zoning Ordinance to seek
a special exception to construct a telecommunication facility or cell tower on a portion of
City-owned property situated at 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing
Official Tax Map No. 2100601, such portion as being designated by the City Manager,
such authorization to be in a form approved by the City Attorney, with the express
understanding that such authorization, application, and action by the Board of Zoning
Appeals are without prejudice or impact on any subsequent action by City Council in
considering a lease and/or franchise for the construction and operation of a
telecommunications facility or cell tower on such portion of City-owned property. The
motion was seconded by Council Member Trinkle and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle, and
Mayor Lea-7.
NAYS: None-0.
CONSTRUCT A TELECOMMUNICATION FACILITY OR CELL TOWER ON A
PORTION OF CITY-OWNED PROPERTY SITUATED AT 502 19TH STREET, S. E.:
Council Member Ferris offered a motion that City Council authorize the City Manager to
provide authorization to any telecommunication facility or cell tower company to file the
appropriate applications under the City's Zoning Ordinance to seek a special exception
to construct a telecommunication facility or cell tower on a portion of City-owned
property situated at 502 19th Street, S. E., Roanoke, Virginia, bearing Official Tax Map
No. 4310101, such portion as being designated by the City Manager, such authorization
to be in a form approved by the City Attorney, with the express understanding that such
authorization, application, and action by the Board of Zoning Appeals are without
prejudice or impact on any subsequent action by City Council in considering a lease
and/or franchise for the construction and operation of a telecommunications facility or
cell tower on such portion of City-owned property. The motion was seconded by Council
Member Trinkle and adopted by the following vote:
AYES: Council Members Bestpitch, Dykstra, Ferris, Garland, Price, Trinkle and
Mayor Lea-7.
NAYS: None-0.
422
There being no further business, Mayor Lea declared the regular meeting
adjourned at 8:05p.m.
APPROVED
ATTEST:
~~~~~
City Clerk Mayor
Get email alerts for Roanoke
A daily email when new agendas and minutes are posted.