City Council

491 ROANOKE CITY COUNCIL-REGULAR SESSION August20,2018 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, August 20, 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. 41181-070218 adopted by the Council on Monday, July 2, 2018. PRESENT: Council Members John A. Garland, Djuna L. Osborne (arrived late), Anita J. Price (arrived late), William D. Bestpitch, Joseph L. Cobb, Michelle L. Dykstra and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. At this point, Council Member Osborne entered the meeting (2:01 p.m.). The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, Trinity Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: LACK OF JOBS IN THE CITY: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and expressed concern regarding lack of jobs in the City. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, and the item would be removed from the Consent Agenda and considered separately. 492 MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the regular meeting of City Council held on Monday, July 16, 2018 and the recessed meeting of City Council held on Tuesday, July 31, 2018, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) DISCUSSION AND CONSIDERATION OF THE ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES: A communication from the City Manager requesting that Council convene in a Closed Meeting for discussion and consideration of the acquisition of real property for public purposes, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) CONSULTATION WITH LEGAL COUNSEL AND BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL OR PROBABLE LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(?), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.)  493 Council Member Bestpitch moved that the 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 Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) CABLE TELEVISION FRANCHISE AGREEMENT: A communication from the City Attorney requesting that Council schedule a public hearing to be held on Monday, September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, to consider a Cable Television Franchise Agreement between the City of Roanoke and CoxCom, LLC, d/b/a Cox Communications Roanoke, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the 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 Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of D. David Parr, Jr., as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) 494 Council Member Bestpitch 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 Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) ANNUAL REPORT OF THE CITY OF ROANOKE PENSION PLAN, DEFINED CONTRIBUTION BOARD: Annual report of the City of Roanoke Pension Plan, Defined Contribution Board for Fiscal Year ending June 30, 2018, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Bestpitch moved that the Annual Report be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) ANNUAL REPORT OF THE CITY OF ROANOKE PENSION PLAN, BOARD OF TRUSTEES: Annual report of the City of Roanoke Pension Plan, Board of Trustees, for Fiscal Year ending June 30, 2018, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Bestpitch moved that the Annual Report be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.)  495 COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-ROANOKE CIVIC CENTER COMMISSION: Reports of qualification of The Honorable Charles N. Dorsey as the 23rd Judicial Circuit City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three-year term of office ending June 30, 2021; and Michael L. Dame as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2021, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: A YES: Council Members Garland, Osborne, Bestpitch, Cobb, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Price was not present when the vote was recorded.) BID OPENINGS: TELECOMMUNICATIONS FACILITY: Pursuant to notice of advertisement that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.064 acre (2,812 square feet) portion of Fallon Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement, said bids to be received in the City Clerk's Office on or before 12:00 noon, on Monday, August 20, 2018; and to be held unopened by the City Clerk until 2:00 p.m., on that date, which time all bids would be publicly opened and read aloud before the Council; whereupon, the Mayor inquired if anyone had any questions with regard to the opening of the bids. There being none, he requested that the City Clerk open and read all bids received prior to the deadline. (See copy of Advertisement for Invitation for Bids on file in the City Clerk's Office.) The City Clerk opened and read aloud the sole bid received from Milestone Tower Limited Partnership - IV. (For full text, see copy of bid on file in the City Clerk's Office.) There being no responses by the Council regarding receipt of bids, the Mayor referred the sole bid to the City Manager for review and recommendation to the Council. 496 TELECOMMUNICATIONS FACILITY: Pursuant to notice of advertisement that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.062 acre (2, 736 square feet) portion of Preston Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement, said bids to be received in the City Clerk's Office on or before 12:00 noon, on Monday, August 20, 2018; and to be held unopened by the City Clerk, until 2:00p.m., on that date, at which time all bids would be publicly opened and read aloud before the Council; whereupon, the Mayor inquired if anyone had any questions with regard to the opening of the bids. There being none, he requested that the City Clerk open and read all bids received prior to the deadline. (See copy of Advertisement for Invitation for Bids on file in the City Clerk's Office.) The City Clerk opened and read aloud the sole bid received from Milestone Tower Limited Partnership - IV. (For full text, see copy of bid on file in the City Clerk's Office.) There being no responses by the Council regarding receipt of bids, the Mayor referred the sole bid to the City Manager for review and recommendation to the Council. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: VISIT VIRGINIA'S BLUE RIDGE ANNUAL UPDATE-PROPOSED REGIONAL WAYFINDING PLAN: Landon Howard, President, Visit Virginia's Blue Ridge; and Lee Wilhelm, Ill, President, Visit Virginia's Blue Ridge Foundation, appeared before the Council and presented the annual update and Proposed Regional Wayfinding Plan. (See copies of presentations on file in the City Clerk's Office.) Mr. Howard summarized the annual report stating that Visit Virginia's Blue Ridge was responsible for marketing the region and putting the community on the map, representing five jurisdictions--City of Roanoke, City of Salem, Roanoke County, Botetourt County and Franklin County. He noted that they have partnerships with over 1,400 businesses including 563 businesses in the City of Roanoke; such as, hotels, restaurants, attractions all interlocked together as a part of one system to attend to customer needs on a daily and hourly basis; funded by percentages of the transient occupancy taxes from each jurisdiction represented.  497 He further advised that Visit Virginia's Blue Ridge had experienced eight consecutive record years of growth with $813 million of direct expenditures and was still growing as a brand in terms of marketing visitation. He added that for the City of Roanoke the travel and tourism industry generated $14.4 million in annual tax revenue. In terms of activities, Mr. Howard advised that Visit Virginia's Blue Ridge was currently working with the Roanoke Regional Partnership to host the Virginia's Blue Ridge Go Cross event in Fallon Park on September 1 -2, 2018, and to promote the Blue Ridge Marathon. He added that the City of Roanoke would host the 2018 Outdoor Bloggers Summit, consisting of more than 100 outdoor bloggers for the first time on the east coast of the United States. Upon conclusion of Mr. Howard's remarks regarding the Annual Update, Lee Wilhelm commented on the Proposed Regional Wayfinding Plan. Mr. Howard provided an overview of the proposed Plan and noted that in addition to the funding from the five jurisdictions (Roanoke City, Salem, Roanoke County, Botetourt County, and Franklin County) to hire a firm to cultivate the Plan, the Roanoke Foundation for Downtown, Inc., also invested $30,000.00 into the project. Stephen W. Lemon, Board Chair, Roanoke Foundation for Downtown, Inc., pointed out that a significant piece of the project would focus on the wayfinding in the downtown area of Roanoke, with an anticipated investment of $150,000.00, which consisted of 25 to 35 pedestrian signs and up to 3 kiosks in the downtown area. He urged the City of Roanoke to consider matching the $150,000.00 investment. In conclusion, Mr. Howard thanked the Council for the opportunity to present the abovementioned presentations. Following comments from several Council Members, Council Member Garland inquired as to the total cost to implement the Regional Wayfinding Plan. Mr. Howard advised that the cost projections for the City consisted of a citywide comprehensive plan, including gateway, neighborhood, vehicle and pedestrian signs totaling $1.19 million. As discussion ensued with regard to the funding of the Regional Plan, Mr. Howard explained that in terms of the costs, the other jurisdictions involved had also began the process to include the project in their budgets in an effort to move forward. Mayor Lea commented that the Regional Wayfinding Plan was great news and thanked Mr. Howard for an informative report. He received and filed all comments. At this point, Council Member Price entered the meeting (2:36p.m.). 498 VICTIM/WITNESS PROGRAM GRANT: The Commonwealth's Attorney submitted a written communication recommending acceptance of the Victim/Witness Program Grant from the Department of Criminal Justice Services in accordance with the Virginia Crime Victim and Witness Rights Act; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communications on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41205-082018) A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 79, page 773.) Council Member Bestpitch moved the adoption of Resolution No. 41205-082018. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. - Council Member Bestpitch offered the following budget ordinance: (#41206-082018) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness 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 774.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41206-082018. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0.  499 MULTI-JURISDICTIONAL SPECIAL DRUG PROSECUTOR GRANT: The Commonwealth's Attorney submitted a written communication recommending acceptance of the Multi-Jurisdictional Special Drug Prosecutor Grant from the State Compensation Board; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communications on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41207-082018) A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. (For full text of resolution, see Resolution Book No. 79, page 775.) Council Member Bestpitch moved the adoption of Resolution No. 41207-082018. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#41208-082018) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor 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 776.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41208- 082018. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra, and Mayor Lea-7. NAYS: None-0. 500 REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: BRIEFINGS: Parks and Recreation 2018 Master Plan Update Neelay Bahtt, PROS Consulting briefed the Council on the progress of the Parks and Recreation Master Plan and highlighted the following information: o Scope of Work o Findings Update o Analysis of Public Engagement o Benchmarking o Operational Analysis o Levels of Service o Skatepark Study o Remaining Timeline (See copy of presentation on file in the City Clerk's Office.) Mr. Bahtt advised that out of 12,000 agencies in the country, less than 200 were nationally accredited and less than ten in Virginia which impacts tourism. He continued - stating that in-person meetings, focus groups, interviews, public meetings, multi-lingual websites and an online survey were used to provide and receive information from the public with regard to the Plan. He reviewed the results of analysis of public engagement stating that strengths included greenways and trails, balance of natural versus developed land, commitment of staff, and marketing and branding; and opportunities for improvement included greater connectivity of neighborhoods to trails, develop design and maintenance standards, enhance marketing and branding, upgrade existing facilities and offerings, and better ADA accessibility. He continued stating that in terms of benchmarking and operational analysis, the City compared itself not only to other cities in Virginia, but to communities that shared the same goal and vision--great communities with high quality of life; such as, Asheville, North Carolina, Roswell, Georgia, Bend, Oregon and Belleview, Washington. He further stated that a big focus was on the operating expenditure per capita and currently the City spent about $62.00 per person on parks and recreation with a national median of $78.00, placing the City in the bottom 35 to 40 percentile. In conclusion, Michael Clark, Director, Parks and Recreation, advised that further analyses of the Plan would continue through November with hopes of appearing before the City Planning Commission in December and City Council in January 2019 with a solid draft for adoption.  501 Mayor Lea expressed concern regarding access to City indoor recreation facilities for youth, primarily in the Eureka Park neighborhood during the winter months. He commented that opportunities be afforded to youth that could deter wrongful doing. Council Member Bestpitch asked for a summary of all seven of the City's recreation centers, including hours of operation, hours for special use and rate of usage for all centers. Following inquiries and comments by the Council Members, Mayor Lea thanked Messrs. Bahtt and Clark for an informative update; and received and filed the remarks. Public Art Work Plan FY 2019 Susan Jennings, Arts and Culture Coordinator, highlighted the following items in connection with the Public Art Work Plan for FY2019: o Overview o Art on the Bus • Springwood Farm by Lucy Hazlegrove • A Rolling Canvas by Nancy Stark o AIR in Elmwood o Purchase Hill Climb o NEA Grant o Two FY 2018 Projects are in the Process o Summary (See copy of presentation on file in the City Clerk's Office.) In closing, Ms. Jennings requested City Council's concurrence in the Roanoke Arts Commission's recommendations for funding to cover FY2019 expenses from Percent for Art Account totaling $53,000.00. Following remarks by Ms. Jennings, Vice-Mayor Cobb moved that the Council concur in the Roanoke Arts Commission's recommendations as abovementioned. The motion was seconded by Council Member Best pitch and unanimously adopted. Neighborhood Assessment Report- Summer 2018 The City Manager introduced Jonathan McCoy, Summer Intern and advised that the briefing was an assessment of the City's neighborhoods, but not a comparison of the neighborhoods in an effort to identify needs, resources and evaluate how the neighborhoods were doing. 502 Mr. McCoy summarized the report stating that the purpose was to better understand the development of the neighborhoods, to create methods to analyze expenditures based on 12 variables, to recommend gap-reducing solutions in expenditures; with the twelve criteria being-transportation, crime, walkability, recreation opportunity, code enforcement, real estate performance, neighborhood organization, education, vacancy rate, income, renter occupancy and new businesses. He reviewed the criterion and findings noting that the City of Roanoke had 49 neighborhoods and that the following neighborhoods were ranked as underperforming- Belmont, Loudon-Melrose, Shenandoah West, Washington Park, Kenwood, Morningside, Riverdale, Fallon, Harrison, Hurt Park, Mountain View, Gilmer and West End. He further stated that 15 neighborhoods fell into the functioning category, 11 in the stable category and nine in the performing category showing there was definitely room for improvements. (See copy of presentation on file in the City Clerk's Office.) In conclusion, the City Manager explained that Mr. McCoy had set a foundation on which to build upon in terms of identifying the factors affecting the neighborhoods, possibly illustrate where to strategically target expenditures to move a neighborhood along the spectrum from one category to another, with an objective to align very tactical investments and interventions to hopefully assist where it made the most sense for that particular neighborhood. "~""' Since Step 1 had been completed, Council Member Garland inquired about the approach to Steps 2 and 3 which involved the recommendation of gap reducing measures; whereupon, the City Manager advised that further discussion would ensue to highlight those priorities citywide and refine them to ultimately include into the neighborhood plans and would require development over the next few years. Mayor Lea thanked Mr. McCoy for the presentation. He received and filed all comments. ITEMS RECOMMENDED FOR ACTION: REVISION OF RESERVE POLICIES: The City Manager submitted a written communication recommending Revision of Reserve Policies. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41209-082018) A RESOLUTION amending the Reserve and Debt Management Policies of the City of Roanoke. (For full text of resolution, see Resolution Book No. 79, page 777.)  503 Council Member Garland moved the adoption of Resolution No. 41209-082018. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch called attention to a Scrivner's error in Reserve Policies, noting the Stabilization Reserve: Reserve Drawdown - Drawdown of the "Stabilization Reserve" balance referenced above the 3% floor, instead of below; and moved that the Reserve Drawdown of the "Stabilization Reserve" balance be changed from above to below the 3% floor. The motion was seconded by Council Member Price and unanimously adopted. RESCUE SQUAD ASSISTANCE FUND GRANT: The City Manager submitted a written communication recommending acceptance of the Rescue Squad Assistance Fund Grant from the Office of Emergency Medical Services in connection with the EMT- Intermediate to Paramedic Program. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following resolution: (#41210-082018) A RESOLUTION accepting the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 79, page 778.) Vice-Mayor Cobb moved the adoption of Resolution No. 41210-082018. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. 504 Vice-Mayor Cobb offered the following budget ordinance: (#41211-082018) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2018 - 2019 General Fund and 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 779.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41211-082018. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. FY 2019 GRANT FUNDS FROM THE DEPARTMENT OF FIRE PROGRAMS: The City Manager submitted a written communication recommending acceptance of FY 2019 grant funds from the Department of Fire Programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: - (#41212-082018) A RESOLUTION authorizing acceptance of the FY2019 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 79, page 780.) Council Member Bestpitch moved the adoption of Resolution No. 41212-082018. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0.  505 Council Member Bestpitch offered the following budget ordinance: (#41213-082018) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, 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 781.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41213-082018. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. TRAINING AND CONFERENCE GRANT: The City Manager submitted a written communication recommending acceptance of a training and conference grant from the Virginia Department of Fire Programs. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following resolution: (#41214-082018) A RESOLUTION accepting the Conference and Education Assistance grant to the City from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City in connection with such grant. (For full text of resolution, see Resolution Book No. 79, page 782.) Vice-Mayor Cobb moved the adoption of Resolution No. 41214-082018. The motion was seconded by Council Member Garland and adopted by the following vote: A YES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. 506 Vice-Mayor Cobb offered the following budget ordinance: (#41215-082018) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, 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 782.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41215-082018. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. MAINTENANCE WORK IN THE "PROSPECT HILLS" SUBDIVISION: The City Manager submitted a written communication recommending acquisition of real property rights in connection with maintenance work in the "Prospect Hills" subdivision. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following ordinance: (#41216-082018) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the public storm drainage system that conveys stormwater from White Oak Road, S. W., Roanoke, Virginia to the unnamed tributary of Ore Branch, S. W., Roanoke, Virginia (Project); authorizing City staff to acquire such property rights by negotiation for the City; 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 783.) Council Member Garland moved the adoption of Ordinance No. 41216-082018. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0.  507 SUPPORT OF ROANOKE ELECTRIC STEEL CORPORATION'S INDUSTRIAL ACCESS RAILROAD TRACK PROGRAM GRANT APPLICATION: The City Manager submitted a written communication recommending approval of a resolution in support of Roanoke Electric Steel Corporation's Industrial Access Railroad Track Program Grant Application to support the Company's $28 million expansion. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following resolution: (#41217-082018) A RESOLUTION supporting the application of Roanoke Electric Steel Corporation, d/b/a Steel Dynamics Roanoke Bar Division ("Roanoke Electric Steel") for an additional $450,000.00 Industrial Access Railroad Track Program Grant from the Commonwealth of Virginia Department of Rail and Public Transportation to support its $28 million expansion of the Roanoke facility, increasing efficiency, production, and employment. (For full text of resolution, see Resolution Book No. 79, page 784.) Vice-Mayor Cobb moved the adoption of Resolution No. 41217-082018. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. AMENDMENT TO THE RPI CONTRACT FOR UPGRADES TO THE HRILAWSON PAYROLL SYSTEM: The City Manager submitted a written communication recommending execution of an amendment to the RPI contract for upgrades to the HR/Lawson Payroll system. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#41218-082018) A RESOLUTION authorizing the City Manager to execute a change order to the City's Contract with RPI Consultants, LLC., for professional services to upgrade the Lawson HR/Payroll system. (For full text of resolution, see Resolution Book No. 79, page 786.) 508 Council Member Price moved the adoption of Resolution No. 41218-082018. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. A LETTER AGREEMENT FOR ACCESS TO RESIDENTIAL PARKING PERMITS IN CONNECTION WITH THE HEIRONIMUS BUILDING PROJECT: The City Manager submitted a written communication recommending authorization for a Letter Agreement for access to residential parking permits in connection with the Heironimus Building Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41219-082018) A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia, and Monument Roanoke, LLC, for access to parking permits for the Heironimus Building Project (Project); authorizing the City Manager to execute the Letter Agreement referred to above; and authorizing the City .. ..,.. Manager to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. (For full text of resolution, see Resolution Book No. 79, page 787.) Council Member Garland moved the adoption of Resolution No. 41219-082018. The motion was seconded by Council Member Osborne. Following inquiries and comments by Council Member Garland regarding parking permits for the Heironimus and parking capacities in other City garages, Resolution No. 41219-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0.  509 COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Bluegrass Music is coming to Elmwood Park • Roanoke Parks and Recreation and the City of Roanoke will host a concert by the U.S. Navy Band's nationally renowned bluegrass ensemble, "Country Current" • Wednesday, August 29, 2018. • Admission is free • Gates open at 6:00 p.m. The concert starts at 6:30 p.m. Deschutes Brewery will host the Second Annual Virginia's Blue Ridge Go Cross Cyclocross Race • Labor Day Weekend, September 1-2 • Professional cyclists from around the country will converge on Virginia's Blue Ridge at the state's only permanent cyclocross course in Roanoke. • This event will be the season opener for the entire UCI and USA Cycling cyclocross season. • It includes a RunCross (a unique "cross-style" running race), spectator shenanigans, live music, Deschutes Brewery beer garden, food trucks, and more. • In addition to the pro events, there will be amateur races all day. • More information is available at gocrossrace.com Plan Roanoke • Reminder: Open House meetings to receive public input on "Plan Roanoke" have begun. • Citizens are encouraged to attend one of these August events, and let us know your ideas and thoughts for the future of Roanoke. • A list of Open House dates, locations, and times can be found at www.planroanoke.org. MUNICIPAL AUDITOR: AGREEMENTS WITH THE CITY TREASURER AND COMMISSIONER OF THE REVENUE: The Municipal Auditor submitted a written communication recommending execution of agreements with the City Treasurer and Commissioner of the Revenue. (For full text, see communication on file in the City Clerk's Office.) 510 Council Member Bestpitch offered the following resolution: (#41220-082018) A RESOLUTION authorizing the City Manager to execute two agreements; one between the Treasurer for the City of Roanoke, Virginia, and the City of Roanoke, Virginia, and the other between the Commissioner of Revenue for the City of Roanoke, with both agreements intended to establish a framework that supports a productive and mutually beneficial working relationship that enables City Council, the City Administration, and all Elected and Appointed Officers to better fulfill their responsibilities while providing greater transparency to the public. (For full text of resolution, see Resolution Book No. 79, page 788.) Council Member Bestpitch moved the adoption of Resolution No. 41220-082018. The motion was seconded by Council Member Price. Following explanation by Council Member Bestpitch for the salary increases for the City Treasurer and Commissioner of the Revenue, Resolution No. 41220-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#41221-082018) AN ORDINANCE adjusting compensation for the Commissioner of Revenue and City Treasurer for the year retroactive to January 1, 2018; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 788.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41221- 082018. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0.  511 REPORTS OF COMMITTEES: VARIOUS 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.) Vice-Mayor Cobb offered the following budget ordinance: (#41222-082018) AN ORDINANCE to appropriate funding from the Commonwealth and Federal grants for various educational programs, amending and reordaining certain sections of the 2018 - 2019 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 789.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41222-082018. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: VIRGINIA MUNICIPAL LEAGUE: Council Member Bestpitch offered the following resolution designating the Honorable Joseph L. Cobb as the Voting Delegate; and the Honorable Djuna L. Osborne as the Alternate Voting Delegate for the Business Session of the Annual Virginia Municipal League Business Meeting to be held on Tuesday, October 2, 2018 in Hampton, Virginia: (#41223-082018) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of resolution, see Resolution Book No. 79, page 791.) 512 Council Member Bestpitch moved the adoption of Resolution No. 41223-082018. ... ,.._.- The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL. Council Member Bestpitch commended the City Attorney on the 2018 Draft Legislative Program, noting that the next meeting of the Roanoke City Legislative Committee would be on Tuesday, September 4. He commented on naming the road through Highland Park in memory of the late Joel Richert; and he requested that the matter be referred to the City Manager and City Attorney for study and report to the Council. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. ~·~ At 5:38 p.m., the Mayor declared the Council Meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building; and thereafter, to be reconvened at 7:00 p.m., in the City Council Chamber. At 7:00p.m., the Council meeting reconvened in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members John A. Garland, Djuna L. Osborne, Anita J. Price, William D. Bestpitch, Joseph L. Cobb, Michelle L. Dykstra and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Cecelia F. McCoy, Deputy City Clerk. The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Timothy Harvey, Pastor, Oak Grove Church of the Brethren.  513 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Dykstra moved that each Member of City Council certify to the best of his or her knowledge that: ( 1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. PRESENTATIONS AND ACKNOWLEDGEMENTS: MEMORIALIZING THE LATE ROBERT 0. GRAY: Council Member Bestpitch offered the following resolution memorializing the late Robert 0. Gray, a native of Roanoke and former prisoner of war during the Korean War: (#41224-082018) A RESOLUTION memorializing the late Robert 0. Gray, a Roanoke native, and recognizing him for his bravery during the Korean War. (For full text of resolution, see Resolution Book No. 78, page 792.) Council Member Bestpitch moved the adoption of Resolution No. 41221-082018. The motion was seconded by Vice-Mayor Cobb. The Mayor called attention to the efforts provided by the Grays' to the community through volunteerism. Following additional comments and accolades by Council Members, Resolution No. 41224-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. Mayor Lea presented a ceremonial copy of Resolution No. 41224-082018 to Mary Ann Franklin Gray and family. 514 CHILDHOOD LITERACY: The Honorable Sam Rasoul, Member of the Virginia House of Delegates, presented a copy of House Resolution No. 562 to the Mayor as an expression of the House of Delegate's admiration for the City's outstanding achievements in promoting childhood literacy. (See ceremonial copy of Resolution on file in the City Clerk's Office.) PUBLIC HEARINGS: VACATION OF AN UNDEVELOPED PORTION OF PINK STREET, N. E.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N. E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N. E., between 4533 Pennsylvania Avenue, N. E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N. E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, July 31, 2018, and Tuesday, August 7, 2018. ...., (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the application, subject to the following conditions: The applicant or representative shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties, which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all conditions to the granting of the application, the applicant or representative shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant or representative shall pay such fees and charges as are required by the Clerk to effect such recordation.  515 Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant or representative shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41225-082018) AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on Pink Street, between 4525 Pennsylvania Avenue, N. E., and 4533 Pennsylvania Avenue, N. E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 793.) Council Member Bestpitch moved the adoption of Ordinance No. 41225-082018. The motion was seconded by Council Member Osborne. Arthur C. Richardson, Jr., appeared before the Council in support of the vacation of the public right-of-way. 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. 41225-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. VACATION OF AN ALLEY AT 120 LUCK AVENUE, S. W.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 415 OHW, LLC, to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S. W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S. W., Official Tax Map No. 1012606, the matter was before the body. 516 Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, July 31,2018, and Tuesday, August 7, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the application, subject to the following conditions: The applicant or representative shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. The value of the vacation of the public's right to use the subject right-of-way is $11,234.00. The cost will be waived by the City of Roanoke upon issuance of a final Certificate of Occupancy for the development within 24 months from the approval of the alley vacation. Upon meeting all conditions to the granting of the application, the applicant or representative shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant or representative - .., shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant or representative shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.)  517 Council Member Bestpitch offered the following ordinance: (#41226-082018) AN ORDINANCE permanently vacating, discontinuing and closing a portion of public right-of-way in the City of Roanoke located between and running generally perpendicular to Luck Avenue, S. W. and Franklin Road, S. W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 796.) Council Member Bestpitch moved the adoption of Ordinance No. 41226-082018. The motion was seconded by Council Member Osborne. William H. Chapman, Jr., Manager, appeared before the Council in support of the petitioner. 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. 41226-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. LOCAL OFFICE ON AGING, INC., (LOA): Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Local Office on Aging, Inc., (LOA), for tax exemption of real property located at 4932 Frontage Road, N. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 13, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending Local Office on Aging, Inc., be exempt from real estate property taxation for certain real property located at 4932 Frontage Road, N. W., effective August 20, 2018. (For full text, see report on file in the City Clerk's Office.) 518 Council Member Bestpitch offered the following ordinance: (#41227-082018) AN ORDINANCE exempting from real estate property taxation certain real property located at 4932 Frontage Road, N. W., and designated as Roanoke Official Tax Map No. 6490805, owned by Local Office on Aging, Inc., a Virginia non- stock, not for profit corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; 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 798.) Council Member Bestpitch moved the adoption of Ordinance No. 41227-082018. The motion was seconded by Vice-Mayor Cobb. Ron Boyd, Chief Executive Officer, appeared before the Council in support of the real estate property tax exemption. 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. 41227-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-D. WESTERN VIRGINIA WATER AUTHORITY: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, regarding a proposal of the City of Roanoke to grant new permanent sanitary sewer easements with approximate width of 5 feet and 15 feet, containing 2,286 square feet, more or less, collectively, and a 10 foot wide temporary construction easement, containing 2,823 square feet, together with the right of ingress and egress thereto from a public road across City-owned property identified as Official Tax Map No. 5470704, located at 0 Van Winkle Road, S. W., to the Western Virginia Water Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 13, 2018. (See publisher's affidavit on file in the City Clerk's Office.)  519 The City Manager submitted a written report recommending authorization to execute the appropriate easement agreement, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following ordinance: (#41228-082018) AN ORDINANCE authorizing the conveyance of new permanent sanitary sewer easements, with an approximate width of 5 feet and 15 feet, containing 2,286 square feet, more or less, and a 10 foot wide temporary construction easement, containing 2,823 square feet, more or less, across City-owned property identified as Official Tax Map No. 5470704, located at 0 Van Winkle Road, S. W., Roanoke, Virginia ("Property"), to the Western Virginia Water Authority ("Authority"), 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 800.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41228-082018. The motion was seconded by Council Member Bestpitch. 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. 41228-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. UNITED STATES POSTAL SERVICE FOR THE OPERATION OF A DOWNTOWN POST OFFICE BRANCH: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed lease of approximately 5, 709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W., to the United States Postal Service for the operation of a downtown post office branch, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 13, 2018. (See publisher's affidavit on file in the City Clerk's Office.) 520 The City Manager submitted a written report recommending authorization to execute a lease agreement with the United States Postal Service for a period of five years, upon certain terms and conditions, commencing August 9, 2019 and ending July 31, 2024, subject to approval as to form by the City Attorney. (For full text, see copy of report on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41229-082018) AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and the United States Postal Service for use of approximately 5, 709 square feet of City-owned property, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W., Roanoke, Virginia, for the operation of a downtown post office branch, for a five year term, upon certain terms and conditions; authorizing the City Manager to implement, administer, and enforce such lease; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 801.) Council Member Price moved the adoption of Ordinance No. 41229-082018. The motion was seconded by Council Member Osborne. 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. 41229-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY AND H. R. FOUNDATION, INC.: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, regarding a proposal by the City of Roanoke to convey to the City of Roanoke Redevelopment and Housing Authority certain real estate consisting of approximately 0.203 acres, more or less, located adjacent to real estate owned by the RRHA, Official Tax Map No. 3013503, further described as "Residue A" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989-1990; and to convey to H.R. Foundation, Inc., certain real estate consisting of approximately 0.28 acres, more or less, located adjacent to real estate owned by H.R. Foundation, Inc., Official Tax Map No. 3013501, further described as "Residue B" on the Plat, the matter was before the body.  521 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 10, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute the necessary documents for the sale and conveyance of Residue A to the City of Roanoke Redevelopment and Housing Authority by quitclaim deed; and sale and conveyance of Residue B to the H. R. Foundation, Inc., by quitclaim deed, subject to approval as to form by the City Attorney. (For full text, see copy of report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41230-082018) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of the following parcel of City owned property, described as being approximately 0.203 acres, more or less, further described as "Residue A" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989-1990 ("Property"), to City of Roanoke Redevelopment and Housing Authority ("RRHA"), 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 802.) Council Member Bestpitch moved the adoption of Ordinance No. 41230-082018. The motion was seconded by Vice-Mayor Cobb. 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. 41230-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. 522 Council Member Bestpitch offered the following ordinance: ,, (#41231-082018) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of the following parcel of City owned property, described as being approximately 0.28 acres, more or less, further described as "Residue B" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989-1990 ("Property"), to H.R. Foundation, Inc., 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 803.) Council Member Bestpitch moved the adoption of Ordinance No. 41231-082018. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb, Dykstra and Mayor Lea-7. NAYS: None-0. INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY: Pursuant to instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018 at 7:00 p.m., or as soon thereafter as the matter may be heard, regarding the execution of a proposed Lease Agreement by the successful bidder (bids were opened at the 2:00 p.m. session of Council), for an initial term of ten years, upon certain terms and conditions, to grant the right, privilege, franchise, and authority to use a portion of Fallon Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 6, 2018, and on Monday, August 13, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending acceptance and execution of a proposed Lease Agreement with Milestone Tower Limited Partnership IV, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.)  523 Council Member Bestpitch offered the following ordinance: (#41232-082018) AN ORDINANCE accepting a bid for a lease to install, operate, and maintain a Wireless Telecommunications Facility in a portion of Fallon Park in the City, upon certain terms and conditions, for up to a thirty five year term; authorizing the execution of a Lease Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Lease Agreement; establishing 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 804.) Council Member Bestpitch moved the adoption of Ordinance No. 41232-082018. The motion was seconded by Council Member Price. R. Brian Townsend, Assistant City Manager for Community Development, gave a brief overview of the award of a lease agreement to Milestone Tower Limited Partnership- IV to lease from the City an 0.064-acre portion of Official Tax Map No. 4310101, located at 502 191h Street, S. E. Regarding the actual size of the Monopole, Council Member Dykstra was concerned about the height of the tower and the effect on the view in public parks. She inquired whether there were restrictions denoted in the ordinance or proposed lease agreement. Mr. Townsend explained that the restrictions were a special exception approved by the Board of Zoning Appeals, which places a cap on the height of the Monopole. He added that the lease defines where the property will be developed, which is in the northeastern corner of Fallon Park. Council Member Bestpitch asked how essential the Monopole Tower was to the telecommunication wireless capacity; whereupon, Mr. Townsend stated that the Board of Zoning Appeals had extensive discussion and had reviewed the coverage map at their public hearing in August 2018. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, the Mayor declared the public hearing closed. Following additional remarks by several Council Members, Ordinance No. 41232- 082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb and Mayor Lea-6. NAYS: Council Member Dykstra-1. 524 INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY: Pursuant to instructions of the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2018 at 7:00 p.m., or as soon thereafter as the matter may be heard, regarding the execution of a proposed Lease Agreement by the successful bidder (bids were opened at the 2:00 p.m. session of Council), for an initial term of ten years, upon certain terms and conditions, to grant the right, privilege, franchise, and authority to use a portion of Preston Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 6, 2018, and Monday, August 13, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending acceptance and execution of a proposed Lease Agreement with Milestone Tower Limited Partnership- IV, 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: (#41233-082018) AN ORDINANCE accepting a bid for a lease to install, operate, and maintain a Wireless Telecommunications Facility in a portion of Preston Park in the - City, upon certain terms and conditions, for up to a thirty five year term; authorizing the execution of a Lease Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Lease Agreement; establishing 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 804.) Council Member Bestpitch moved the adoption of Ordinance No. 41233-082018. The motion was seconded by Vice-Mayor Cobb. R. Brian Townsend, Assistant City Manager for Community Development, gave a brief overview of the award of a lease agreement to Milestone Tower Limited Partnership- IV to lease from the City an 0.062-acre portion of Official Tax Map No. 2100601, located at 3137 Preston Avenue, N. W. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed.  525 Following comments by the Council Members, Ordinance No. 41233-082018 was adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch and Mayor Lea-5. NAYS: Vice-Mayor Cobb and Council Member Dykstra-2. OTHER BUSINESS: ARCHITECTURAL REVIEW BOARD: A Petition for Appeal filed by Ricky Mitchell, appealing a decision of the Architectural Review Board denying his amended Certificate of Appropriateness application for replacement of the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S. W., which is not consistent with the H-2 Guidelines, the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) Mr. Mitchell remarked that the state of his roof was in serious disrepair; and in an attempt to save the roof, he had already spent $18,000.00. During the Architectural Review Board meeting, replacement of the existing slate roof on the house and detached garage with architectural shingles was not possible because he no longer could afford the expense. Christopher Vail, Vice-Chair, Architectural Review Board, presented a report of the Board recommending that City Council affirm its decision to deny the request, which is not consistent with H-2 Guidelines. (For full text, see copy of report on file in the City Clerk's Office.) Following discussion regarding the matter, Council Member Bestpitch moved that based upon the evidence (testimony and documents) presented to the Council, the decision of the City of Roanoke Architectural Review Board on June 14, 2018, was affirmed and that no Certificate of Appropriateness be issued to allow the replacement of the existing slate roof at 436 Walnut Avenue, S. W., as set forth in the Application for Certificate of Appropriateness, on the ground that the pattern of the material proposed to replace the slate roof is architecturally incompatible with the structures or historic landmarks in the H-2 District. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Garland, Osborne, Price, Bestpitch, Cobb and Dykstra-6. NAYS: Mayorlea-1.  526 HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, Mayor Lea declared the regular meeting adjourned at 8:50 p.m. APPROVED ATTEST: ~ \"r\.~~~l\·04"' ~1_, Stephanie M. Moon Reynolds, <MMC erman P. Lea, Sr. City Clerk Mayor