Loading...
HomeMy WebLinkAboutMins 05/07/12 - 02/19/13ROANOKE CITY COUNCIL - REGULAR SESSION May 7, 2012 9:00 a.m. The Council of the City of Roanoke met in joint session on Monday, May 7, 2012, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairman David B. Carson 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, pursuant to Resolution No. 39150- 070511 adopted by the Council on Tuesday, July 5, 2011 and Resolution No. 39291 - 010312 adopted by the Council on Tuesday, January 3, 2012. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers -7. ABSENT: NONE. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. SCHOOL TRUSTEES PRESENT: Mae G. Huff, Suzanne P. Moore, Richard Willis, Jr., Lori E. Vaught and Chairman David B. Carson -5. SCHOOL TRUSTEES ABSENT: Annette Lewis and Todd A. Putney -2. OTHERS PRESENT: Representing the City of Roanoke: R. Brian Townsend, Assistant City Manager for Community Development; and Sherman Stovall, Assistant City Manager for Operations. Representing Roanoke City Public Schools: Curt Baker, Deputy Superintendent; Dr. Vella Wright, Assistant Superintendent for Teaching and Learning; and Cindy Poulton, Clerk of the Board. Mayor Bowers welcomed everyone to the joint meeting; and announced that the joint meeting and informal session of Council were being televised live and would be replayed on RVTV Channel 3 on Friday, May 11 immediately following the 2:00 p.m. session at 7:00 p.m.; and Sunday, May 13 at 4:00 p.m. The Mayor recognized Michaels Toney, Staunton River High School Rising Senior, who was shadowing him for the day; and he also extended congratulations to the Council incumbents on their reelection as Members of Roanoke City Council for another four years. ITEMS FOR DISCUSSION: Expansions at Burgeoning Elementary Schools Mayor Bowers stated that during his campaign across the City, citizens expressed their concerns regarding increased student enrollments and growth in the northeast/Route 460, Garden City, South Roanoke, and Peters Creek Road neighborhood schools, and those concerns were shared with the School Superintendent. He asked if the Division was prepared to handle a growing population; whereupon Chairman Carson explained that earlier projections anticipated student enrollment to be flat or decline, instead there had been an increase; however, student enrollment has not exceeded capacity in any of the City's elementary schools. He continued that should increases in population require adjustments in the future, the Board would first consider adjusting attendance boundaries rather than allocating funds for construction of new facilities. He mentioned that the School Administration had combined the Capital Improvement Plan and the Equity Plan, which would allow schools to meet mandates, i.e., classrooms, teachers, and instructional areas, etc., adding that the highest priority is the sale of the former Huff Lane Elementary School, with the anticipated proceeds to go toward improvements at Round Hill Elementary School. The Deputy Superintendent interjected that $4 million has been dedicated to the 2012 Summer Work Program. Council Member Bestpitch inquired about the status of the number of temporary modulars being used by the schools as classrooms, and whether there was an expected timeline to reduce the number. Chairman Carson commented that there were 30 to 40 'learning cottages" across the entire Division, and currently 13 cottages remain, with plans to eliminate an additional ten when the schools open in August 2012; and due to limited resources, he indicated that it was difficult to attach a timeline to this goal. Vice -Mayor Trinkle commented about an increase in enrollment and importance for realtors and contractors to be aware of school attendance zones. Council Member Price mentioned the importance of monitoring class sizes even though the issue continues to be a challenge; and called attention to the modular buildings at Round Hill Elementary School, which serves as second grade classrooms. J 3 In connection with the Meal Tax, Council Member Rosen commended the School Board and Administration on its efforts in putting away resources and maximizing the meals tax proceeds; and asked if dialogue should begin immediately to address future financial needs. Chairman Carson responded that because of the meals tax, RCPS was in reasonably good shape, which would allow the Division to grant school employees a one percent salary increase. The Chairman continued that localities were being asked to think creatively due to the reduction in funding from the State, adding that the City's contribution outpaced the State's assistance; and that it would be beneficial to the Division to initiate discussion regarding another tax. Council Member Rosen reminded everyone of the importance to maintain an open line of communication and to continue dialogue relative to fiscal matters. Vice Mayor Trinkle called attention to the 2012 -13 school calendar and the number of instructional days, and asked if problems would arise given the start date for the opening of the school year was August 20. Chairman Carson explained that for several years the Division began school after Labor Day, and as a result of last year's legislation, the Division had opened one week prior to Labor Day, with the goal to open two weeks prior to Labor Day in 2012, and a graduation date of May 31, 2013. He continued stating that while there were no additional instructional days in the calendar, starting on August 20 would permit high school first semester exams to be given prior to the winter break and allow additional instructional days prior to major testing in the spring. The Chairman pointed out that unless new legislation is passed, 2012 -13 may be the last year the Division would be able to open prior to Labor Day, noting that the development of the school calendar was prepared by a committee representing each school and the PTSA's for action by the Board; and unless the State revised the calendar process, the calendar would be posted on the school's website. Council Member Lea remarked that citizens were not familiar with the State's role in providing adequate funding, and asked how the Board communicated their needs to the legislators; whereupon, the Chairman answered that during the past three years, City Administration and surrounding School divisions adopted a resolution that was sent to area legislators and the Virginia School Boards Association expressing concern regarding funding, requesting restoration of funds, and asking the legislature not to introduce additional mandates without providing the necessary resources to fulfill such mandates. Council Members Rosen and Bestpitch noted that the public needed to be aware of the lack of funds from the State and how localities are negatively impacted due to legislation restricting their ability to tax. Council Member Ferris congratulated the Board and Administration on identifying additional efficiencies that helped build its Fund Balance in anticipation of the elimination of the Meals Tax; and since the economic outlook was improving, he asked if the School's predictions were still the same and how the Administration was preparing for the future. The Chairman indicated that its Fund Balance was about $12 million, with just over $9 million derived from the Meals Tax proceeds, and the Division planned to use about one -third of the balance to cover costs in 2012 -13; and relative to State funding, the Division would see an increase in revenues, which was due to an increase in student enrollment. Additionally, Chairman Carson explained that with the increase in Virginia Retirement System rates, the result would net less money from the State. The Deputy School Superintendent shared that the State's budget had been revised since its categorical budget was adopted in March 2012, and it appeared that RCPS would receive an additional $750,000.00 from the State, and $500,000.00 from the City. He noted that the VRS contribution rates were increasing substantially and the State had offset other dollars in basic aid for the VRS contribution that would require the Division to accelerate its draw down of the Fund Balance. Council Member Ferris asked how much the Division would draw down in the next fiscal year; whereupon, Mr. Baker stated that the proposed amendment required a $4.0 million draw down for the current year, which represented one -third of the total. Council Member Ferris then asked if the Schools were using the revenue projections developed by the Director of Finance; wherein Deputy School Superintendent Baker responded in the affirmative. ,.. The Mayor asked if there was a possibility that there might be a draw down to a zero balance over the next three years; whereupon, Mr. Baker said it was possible, and added that depending upon economic activity and the State budget, a complete draw down could occur sooner. In response to the Mayor's inquiry as to whether growth in the City's revenues would offset the draw down, the Director of Finance responded that while tax revenues had increased, growth was not sufficient, especially on the real estate side. Mr. Baker added that the Governor had introduced a series of budget amendments; however, the State did not yet have a budget, which was a biennial budget; and therefore, all bets were off for the 2014 -15 budget. The Chairman pointed out that the lack of a State budget had prevented the School Division from issuing teacher contracts, which had been shared with the teachers. Vice Mayor Trinkle mentioned that the Joint Services Committee would continue its discussion regarding the issues and expected the funding formula to continue; however, as was demonstrated with the Meals Tax, City Council would continue to address the needs of the Roanoke City Public Schools. 5 Dr. Trinkle mentioned comments received from several parents about a change in format to the SOL tests and requested additional information; whereupon the Chairman explained that early during the school year, without a lot of warning, the State Department of Education implemented new math Standards of Learning tests. Following additional comments, the Mayor announced that the next joint meeting between the Council and the School Board was scheduled to be held on August 6, 2012 at 9:00 a.m., in the Patrick Henry High School Media Center; and he also requested information regarding student/teacher ratios across the grade levels for the past five years as well as comparisons with surrounding divisions. End of Year Activities: Chairman Carson announced the following events and activities: • Patrick Henry Band to be in concert with the Virginia Tech Wind Ensemble at 7:30 p.m., on Wednesday, May 9, at the Jefferson Center • William Fleming Colonels Theatre Company's production of Tony N' Tina's Wedding on May 11 and 12 at 7:00 p.m.; and May 13 at 3:00 p.m. Dinner to be served during the production. • Core subject SOL tests given May 14 through June 5 at the elementary and middle schools. Testing already underway at the high schools. • Patrick Henry Baccalaureate at 4:00 p.m., in the Patrick Henry Auditorium • William Fleming Baccalaureate at 7:00 p.m., in the Main Gymnasium • Forest Park Academy Graduation ceremony on June 5 at 6:00 p.m., in Charter Hall • High School Graduation exercises on June 6 at the Roanoke Civic Center • Patrick Henry at 10:00 a.m. • William Fleming at 2:00 p.m. (See copy of flyer on file in the City Clerk's Office.) The Chairman also announced that Patrick Henry High School's athletic teams won the Supremacy Cup for the first time in the prior years, and may possibly retain the cup for another year; and the William Fleming Lacrosse Team was in its first year and special recognition would be held by the Board at a future meeting. Comments by Council Members /School Trustees: Vice -Mayor Trinkle congratulated the Members of the School Board for partnering with organizations in the community. He noted the partnership between Roanoke City Schools and the Taubman Museum of Art as well as the Jefferson Center as examples. Council Member Price commented that she would not be able to attend the �. graduations because she would be attending a conference on June 6 in Richmond that would address after - school and out -of- school activities for students. She further commented that she hoped to learn about ways schools could partner with organizations to best utilize resources for students. In response to an earlier question posed by Council Member Bestpitch, Chairman Carson advised that there were currently 13 learning cottages being utilized by Roanoke City Schools and by the start of the school year there would only be 10. School Trustee Vaught announced that she had recently been in attendance at the National School Boards Annual Conference in Boston and she had been proud to inform other attendees of the support Roanoke City Schools had received from Roanoke City Council. There being no additional comments by the School Board, Chairman Carson declared the School Board Meeting adjourned at 10:11 a.m. There being no additional comments by the Council, the Mayor declared the Council Meeting in recess at 10:11 a.m. At 10:29 a.m., the Council meeting reconvened in the Council Chamber, with �. Mayor Bowers presiding and all Members of the Council in attendance, and action was taken on the following agenda items: .... COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 Bestpitch moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Council Member Rosen and Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers -7. NAYS: None -0. 7 ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. Council Member Bestpitch referenced a correspondence dated April 16 relating to Agenda Item 7.a.5; whereupon, the Assistant City Manager for Community Development advised that the matter was slated for action by the Council at its recessed Council meeting on May 14, adding that the agenda Item 7.a.5. was a recommendation for an amendment to the Consolidated Plan for the current year. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: Mayor Bowers called attention to two matters that had been referred to City Administration by the Council following the public hearing on Thursday, April 26 for comments on the adoption of the FY 2012 -2013 Recommended Budget, the first was additional Art funding and the other was funding for the Virginia Cooperative Extension, noting that the amount of funding required for the two items was approximately $165,000.00. The City Manager indicated that the City would be receiving an additional reimbursement of $163,000.00 from the State Compensation Board which would allow for the restoration of funding for cultural art agencies, social service agencies and a partial restoration of funding for the agricultural portion of the Virginia Cooperative Extension. BRIEFINGS: Fiscal Year 2013 Budil Study: Amelia Merchant, Director of Management and Budget, presented the following information regarding the recommended budget: Agenda Recommended Budget Summary Revenue Adjustment Follow -Up Items: - Citizen Budget Engagement Team - Park Fee Benchmark - Summer Reading Camp - Youth and Family Programming Budget Study Items - Arts Commission and Human services committee Funding - Virginia Cooperative Extension Retiree Cost of Living Adjustment (COLA) I Recommended Budget Summary FY 2012 -13 Recommended Budget is balanced and meals the priorities established by Council Recommended Budget Totals - $252,757,000 - Increase of $2,538,000 or 1,01% after adjustments for Meals Tax rate change and Daycare Services - Includes no increase in real estate or other local tax rates Base Reductions to Balance FY 13 Budget ($2,730,297) Miscellaneous Cmtingencies - ($375,547) Debt Service - ($335,762) Residential Juvenile Detention- ($305,000) Proactive Hiring Management - ($303,439) Utilities - ($303,403) Medical Reserve - ($229,1D5) Unfunding 5 Vacant Positions - ($175,533) Human Sernces Committee - ($107,646) Tipping Fees - ($75,000) Arts Commission - ($70,109) Fleet Parts - ($50,000) Departmental Efficiencies- ($399,753) Citizen Budget Engagement Team (CBET) Feedback Operating Budget - Physically Challenged TrasnlRecydil, Collection service • Fully funded - Roanoke Emergency Medical ServicilREMS) • Fully funded - Send Waste Management Containers and Distribution Fully funded staff lordlstrlbution containers to be funded wnb one -time source - Supped for bicycle and pedestrian Infrastructure Improvements Accomm W atlons made within street paving - Sxiddlnability Coordinator Addressing need in FY 2012 through existing position reallccffion Revenue Adjustments • No additional changes in local revenue • Additional state revenue of $163,000 from State Compensation Board based on recently adopted state budget Citizen Budget Engagement Team (CBET) Feedback Operating Budget(continaed) - Funding level$ forme Ads commlaann and Human services 'co -cos Funded m reduced lava - ]s %m w 3012 - vliglma cooperative Extension Funded at reduced level excludes agriculture one Natural nosoumaa tow• area - Acceptance or [rind rams for payment• wpm no convenience tee To be mnnereoul - Activated support tar Ads and anu,el cmNmmor ma additional suppdd for serums m na,ghWroadd or9allxanonsa ieson lens • To be evaluated dunng FY 3013 - Evaluate pressure olwmmumcatlon activities under evaluation for potential modification, Council Member Bestpitch pointed out that he had raised a question during the April 2, 2012 Council meeting concerning the total funding for Roanoke Emergency Medical Services (REMS) and what percentage was being provided by the City; whereupon, Ms. Merchant responded that inasmuch as the information was not readily available, but would be provided at a later time. He then questioned if the convenience fee for using credit cards online was equivalent to a merchant fee charged by banks; whereupon, Ms. Merchant advised that the Treasurer's Office is charged a 2.75 percent convenience fee when credit cards are used online, but no fee is charged when citizens use checks to pay online. She continued that the Parks and Recreation and Planning Departments also accept payments by credit card for a nominal fee. Lastly, he commented that most citizens were unaware that such costs associated with credit card usage were built in. iiiiiiff •lith ii 4a Citizen Budget Engagement Team (CBET) Feedback Captal Budget - Group consensus In support of operating within established debt gumelmes - Group consensus In support of staff recommendations for Library Master Plan. Parks and Recreation Master Plan. School Improvements Project, Neighborhood Storm Dain Program. Bridge Matmenanceand Renovation, Civic Center Improvement, Digital Radio Project and Curb. Gutler antl Sidewalk Program - Elmwood Park Imprcvernar santl Straverape ILOject general consensus for no change to staff recommendation but some recommended reducing project Accident issuance Final Meeting - May 22. 2012 Summer Reading Camp Pilot program by RCPS in 2011 5 week program at Highland Park Elementary School Provides transportation, remedial instruction, daily lunches 388 program participants 81 % passed fall Phonological Awareness Literacy Screenings (PALS) benchmark Enrichment Programs: computer literacy, reading activities, crafts, library time FY 13 participant target: 425 Youth and Family Programming Scholarships - Funded by program revenue - $200 per year toward child maximum$10 rcoslt�o uanicipant wii� scholarship 9 locllelli determined by Oices - After School P L.A Y and r riming! d as clud co ders mer Rn ncinlasstatanceel determined through DSS Enhancements ions and - After Schaal P A Y - Summer P A Y - Continental Kids Summer Camp - Project H.0 P P E. ot in cuegram wig ROPSUfor nn students) - Roanoke 100 Miler - Roanoke Recomuck obstacle Course - Fired up bra Coca 5K and 10K - Gallop 4 the Gmenways hK - Freak Out at Fallon Cyclacross Competition - Go Outside Festival r Park Fees Athletic Open Space Rental Fencing Rental City of ROanoxe ;$150 perto 5150 Per day - foot section Roanoke County NIA Rental for Open Space Minimum 200 k 200 with Parking. $2.000 (Greenhill and Waldron Parks) Youth Programs More than 700 youth Human Services programs ational programs (teen -chlkl Are and scr ports. ads and cans, development ORA, dance drop in programs. e mploymentseraces. VIEW group fitness special penal PublicSaferyprograms- v eents.summercamps. DARE SUmmerCamp athleticcliled, swim Junior LeadersMpAbademy ISUmms. ftecschccl PLAY. PLAY. youth HevenAssessmem er holiday ¢fie Z dBnelmcervion- break campspaddle spi Center- screenings. hikin g andepong. caving counseling human and climbing. starpazi g and environmenfal . supervision. anger eucation) management emergency m'sl gement em 1P 8<DroOOems mentorin0, parenting hills. Iriltlrens 6DO teen parenflrlg, rite akinsllob omgrayms.i¢e drama, mainmg aI ig6 mreacn • USDA Summer Food Service Program Arts Commission and Human Services Committee 36] as 171 9241 20 00%1 479424 11 is 606 1 "1 .11 1. sal ull au0ywt growN onwou61y determined by groom m nondbcreLonary revenue Increase In auocenon due to nalmsn or mrar odors ca m..... °Bap w n90 Old you ad, 11, 'a % - ¢fie Z o.1 36] as 171 9241 20 00%1 479424 11 is 606 1 "1 .11 1. sal ull au0ywt growN onwou61y determined by groom m nondbcreLonary revenue Increase In auocenon due to nalmsn or mrar odors 10 Arts Commission and Human Services Committee Virginia Cooperative Extension Proweed Focus Areas - Fully are Can - $131251 um �emeelI n omoe y Ir. 5•ny F-11 9ut.ve e r,uP1vT h.P- damelem u1s,�nzµed ouhh. on, n l e s— wor'a1- 5191,5155 RE1 9n9 - w y .v.- , ve 1e prt9 m e vme.�we• ven unryV buyµ les ie- �ml 4e.aeo-nn mama..m 9�..�i.¢..d..A.ow.eooew.n Virginia Cooperative Extension D Virginia Cooperative Extension Adopted Budget Levels: - FY 2012: $68,300 • Goal '. eetterde6nethescopeofservicesandalign wltb Budgeting for outcomes purchasing strategies and outcomes Memorandum of Understanding developed with measures • OuarteM reports submitted • Leedershp ,000 Provided m support the 2012 innovative - FY 2011: $68,300 - FY 2010:$79,827 FY 2013 Recommended Funding Level: $49,275 - Risimn on of $19,025for Agriculture and Natural Resources Focus Area Virginia Cooperative Extension FY .1.1 Teal FY 2012 Level 1 or Funding PY 1113 'reshew Lose of Funds All I I lo Bell Colartyr 799 95'4_ S10 5H i Its 593 6 7% swere 436 53% .dne.d BA1111 $17 ever 10 7m Other ae8a560 5 sit sera r S. I, FY 2011 8 371 well ho 0% 565 583% giris row 11.11 41 tse 28? ,696 65b % 1 012 1 uvI vor J Fv z009 1. 359630' tage eve ,101 1.030 rv2009 ssee Is .14 -1121 591,630 59S<R in ii 34.11' 899483 575 sin' Virginia Cooperative Extension Proweed Focus Areas - Fully are Can - $131251 um �emeelI n omoe y Ir. 5•ny F-11 9ut.ve e r,uP1vT h.P- damelem u1s,�nzµed ouhh. on, n l e s— wor'a1- 5191,5155 RE1 9n9 - w y .v.- , ve 1e prt9 m e vme.�we• ven unryV buyµ les ie- �ml 4e.aeo-nn mama..m 9�..�i.¢..d..A.ow.eooew.n Virginia Cooperative Extension D Virginia Cooperative Extension Adopted Budget Levels: - FY 2012: $68,300 • Goal '. eetterde6nethescopeofservicesandalign wltb Budgeting for outcomes purchasing strategies and outcomes Memorandum of Understanding developed with measures • OuarteM reports submitted • Leedershp ,000 Provided m support the 2012 innovative - FY 2011: $68,300 - FY 2010:$79,827 FY 2013 Recommended Funding Level: $49,275 - Risimn on of $19,025for Agriculture and Natural Resources Focus Area Virginia Cooperative Extension 'Additional no Iscathe Egenelon OMce r Option Allocation of additional $163,000 in state funding to partially restore funding for Virginia Cooperative Extension, Arts Commission and Human Services Committee. - Virginia Cooperative Extension'. $17,992 • Provides nonomately 38% of local funding alignetl wit 38 % of program participants being Roanoke residents - Arts Commission: $58,892 • Funding reduction of $11,217 or 4 - Human Services Committee: $86,116 • Funding reduction of $21,529 or 5% (See copy of presentation on file in the City Clerk's Office.) /i Council Member Rosen inquired if there was a breakdown in the count that could determine how monies have been expended in each sub -area of the Agriculture and Natural Resources category, such as pesticide training, etc; whereupon, Ms. Merchant al noted that such amounts were not available. FY .1.1 Teal FY 2012 Level 1 or Funding PY 1113 'reshew Lose of Funds Bell Colartyr 799 95'4_ S10 5H i Its 593 6 7% swere 436 53% $17 Lot 94% $17 ever 10 7m Other 562 111 sit 0 el S. I, TC5TAL .01 8 371 $180275 ho 0% giris row Fill rural se.7 J .70TAL FUNDING tage eve 'Additional no Iscathe Egenelon OMce r Option Allocation of additional $163,000 in state funding to partially restore funding for Virginia Cooperative Extension, Arts Commission and Human Services Committee. - Virginia Cooperative Extension'. $17,992 • Provides nonomately 38% of local funding alignetl wit 38 % of program participants being Roanoke residents - Arts Commission: $58,892 • Funding reduction of $11,217 or 4 - Human Services Committee: $86,116 • Funding reduction of $21,529 or 5% (See copy of presentation on file in the City Clerk's Office.) /i Council Member Rosen inquired if there was a breakdown in the count that could determine how monies have been expended in each sub -area of the Agriculture and Natural Resources category, such as pesticide training, etc; whereupon, Ms. Merchant al noted that such amounts were not available. ill Vice -Mayor Trinkle noted the importance of the functions of Virginia Cooperative Extension and how valuable its resources were to the citizens, but also pointed out there were some areas that should not receive funds from municipal government; and therefore, suggested additional information be obtained. Council Member Rosen was of the opinion that several of the agencies referenced were able to leverage grant funding from monies received from the City. He further commented that perhaps commercial businesses could supplement the fees for training so that additional funds could be used for human services and the arts. Council Member Bestpitch commented that he had spent most of his life working for non - profit organizations; that the City of Roanoke department cuts should serve as an example and as a reminder for outside agencies to make an effort to be more efficient. He mentioned the possibility of fees being assessed for services offered by the Virginia Cooperative Extension, but questioned if some of their classes pertaining to pesticides and herbicides would help the City of Roanoke reach its mandated goals regarding the environment. Mayor Bowers was in support of the City Manager's recommendation to provide $17,000.00 to the Virginia Cooperative Extension; and he pointed out that most of the speakers at the public hearing to receive citizen comments regarding the budget which was held on Thursday, April 26, spoke in support of funding for Virginia Cooperative Extension. He also expressed his support of community gardens that were very popular, noting that it was a great way to learn about producing food. Council Member Ferris stated that funding for services was a need versus a want issue and felt that while Virginia Cooperative Extension was providing a service to landscapers and others, it should be a cost of doing business rather than a service. Following additional comments by the Council regarding the City Manager's recommendation for funding to Virginia Cooperative Extension, Council Member Rosen requesting information about $18,000.00 expenditure. There being no further comments regarding funding for non - profits, Andrea Trent, Assistant Director of Finance, presented the following information pertaining to the recommended retiree cost of living adjustment. 12 Recommended Retiree COLA Provide a 1.5% increase to eligible members of the Pension Plan effective July 1, 2012 Provides for an increase in the average annual retirement allowance of approximately $221. Cost to Pension Plan is $406,000 annually. Increased annual contributions by all participating employers of $273,000 starting in Fv14. This equates to a 0.4% increase in the contribution rate. City sshare of this Is $224 000 Retiree Cost of Living Adjustment Factors considered in providing an adjustment Increased cost to the Pension Plan Increase in future contributions to the Pension Plan Change in the consumer price index Pay raise recommended for active employees Level of raises provided by similar plans within the state Association of Municipal Retirement Systems of Virginia Cost of Living Adjustments L-111 pr0x*$*d FY 13 Arlinglon COUnry 3.1% COarlollesvllle 10, 1.11 90°4 FaIIS CM1UmM1 1 9% hisi Ness- - - -- 31Wn VRS —(Plan 1) 31% VRS —IPIan 2) 36% eaclel eewrtly 961 (See copy of presentation on file in the City Clerk's Office.) The City Manager emphasized that some local governments do not participate in social security, and therefore, their employees are completely dependent on the locality's pension system, adding that retirees could benefit from the social security built in cost of living adjustment and any 457 retirement plan in which they were participants. At this point, Mayor Bowers relinquished the Chair to the Vice -Mayor and left the meeting (11:23 a.m.) Council Member Ferris asked about the percentage of compensation retirees would receive when pension and social security payments were combined; whereupon, Ms. Shaviver reported that retirees would receive a 95 percent replacement based on a 1.8 percent multiplier, adding that employees may work for ever how long in order to get to the maximum replacement factor of 63 percent. As to the affect of the changes for current employees, the Assistant Director of Finance answered that a current employee with a full career would have a replacement of 107 percent upon retirement. Ms. Shawver elaborated that the replacement figures were based on a snapshot upon retirement and do not include the consumer price index (CPI) increases; and that the goal was to provide two thirds of the CPI increases. 13 In response to a question from Council Member Ferris as to the ongoing expense to the City's retirement, Ms. Shawver reported that the annual cost to the City would be approximately $224,000.00. Vice -Mayor Trinkle suggested that the City benchmark the replacement amounts for retirees against other businesses and localities. There being no additional comments by the Council, the presentation was received and filed. Solid Waste Management Focus: The City Manager stated that the presentation before Council would address solid waste codes and property management codes, whereby efficiencies were being increased in the area of code enforcement due to the importance of keeping neighborhoods looking good, which was vital for the future of Roanoke. Skip Decker, Manager, Solid Waste Management, shared information relating to solid waste, as stated below: Solid Waste Management Focus Provide for clean, safe and sanitary neighborhoods and public spaces by: .Facilitating regularly scheduled solid waste collection :Education, advisement, and Information dissemination Y Enforcement of City Code 14.1 -Bulk Item set -out -Brush set -out -container storage Typical bulk violation t I Bulk Sec. 14.1 -22 and 23 Bulk items are collected every other week on the regularly scheduled curbside collection day Bulk items cannot be collected from the alley Six item limit (refrigerator, sofa, mattress, table, chair, box spring, etc.) Brush Sec 14.1 -22 and 23 • Brush is collected every other week on the regularly scheduled curbside collection day. • A serviceable accumulation of brush should be stacked in an orderly fashion, be at least 4 feet away from trees, overhead lines or cables, mailboxes, vehicles, etc., and cannot be larger than 4 ft. X 4 ft. X 41ft. ✓ No single branch may be larger than 3" in diameter. ✓ Brush cannot be collected from an alley. M[! Typical brush violation Container storage violation Communication and information dissemination Solid Waste Management has developed a telephone database whereby we attempt to maintain communication with property owners (landlords). • Solid Waste Management also strives to establish and maintain dialogue with all neighborhood associations, action forums, and community groups. Automated Collection Containers and recycling bins Sec.14.1 -18 Must be staged no closer to the curb than the principal structure. "Principal structure" has been redefined to exclude porches, stoops, or stairways. Violations • Four (4) Collections Inspectors; each responsible for one quadrant 976 Illegal Dumping citations in FY11 1,101 Illegal Dumping citations in FY12 * 539 Container violations in FY12 (See portion of powerpoint on file in the City Clerk's Office.) Council Member Ferris questioned the number of citations issued in connection with the 500 notices sent out; whereupon, Mr. Decker replied that only three or four actual violations had been issued from the 500 notices, adding that the goal was to educate and advise. n 15 Council Member Bestpitch questioned if the number of illegal dumping violations se-e had increased due to more dumping or because inspectors were doing a better job. Mr. Decker explained that a couple of vacant positions had been re- purposed which allowed for inspectors to be more proactive and efficient. Council Member Bestpitch asked if improper set -outs were considered to be illegal dumping; whereupon, Mr. Decker answered in the affirmative. There being no additional comments by the Council, the Mayor thanked Mr. Decker for the informative presentation. Planning Buildina and Development Focus: Dan Webb, Codes Compliance Coordinator, shared background information regarding code enforcement in the City of Roanoke, and presented the following information: Planning Building& Development God, Enb2wnen101s'blon ROANOKE Council Presentation May 7, 2012 1996 City adopted new ordinances - Keeping of Inoperable Motor Vehicles - Rental Certificate of Compliance • Additional personnel were added - 4 Property Maintenance Inspectors - 1 Administrative Assistant - 1 Zoning Inspector 24 Total Staff n 1 " M Division of Code Enforcement Pan ff aul'dls, ralK011ans Plryerty Movnlenenm Cow E alall Zoning Administrator — 2omng ONlnan.. 9 elan Parks and Recreation - w..aauelena. — 9 Stan Qull and pan tine) 18 Total Staff 2001 Department of Housing and Neighborhood Services - Property Maintenance Code - Rental Certificate of Compliance - Zoning - Keeping a Inoperable Motor Vehicles - Weed & Trash Abatement - Graffiti Abatement (2001) - Other City Codes, such as Section 30 -2, Obstructions generally and Section 6 -96, Limitations on keeping poultry 15 Staff 16 • 3Inspectors e Administrative Assistant • Part Time Inspector e Merged Housing and Neighborhood Services with Planning, Building and Development • 20 Staff 2012 e 1 Coordinator • 4 Administrative Assistants e 14 Inspectors 19 Code Enforcement Staff Roanoke Housing Statistics 1990 Census - 41,030 housing units 2010 Census - 47,453 housing units Median age of housing - 1951 82% of housing built before 1980 2009 Code Enforcement Audit Areas to address — More proactive, holistic, consistent code enforcement — Improve documentation — Fully utilize PermitsPlus system Results — Manual — Development of the PemtitsPlus system — New zones, teams — Public education 11 Code Enforcement Zones Codes Enforced By Code Enforcement 1880 "In. Mamlerence tore 111011, Melmenancel W12 V,rgina Ma,nterance COO, Pmpeey Menten ) Rental CeniBCate cl Gompllanw Rental Inspec0ona) Zoning eap of Inocelaale Motor Vehicle WCOtl W aOmr tO Or a imnl pamage t oa Defacement Of Pubeo or P-ete Pacenma (Greltl Metemenl) Vice -Mayor Trinkle inquired if the housing statistics included apartments; whereupon, Tom Carr, Director of Building Planning and Development answered that the numbers included all housing units in the City of Roanoke. iiiiiie Top Code Issues The majority of complaints the city receives have to do with Weed" Train Inoperable Motor Vehicles Abandoned 6 Open Structures Outdoor Storage Property in Need of Maintenance Illegal dens III Set outs Illegal Fences CommencolVehlcles In Residential Zones Right-of wayvialblllty Illegal Business 17 Council Member Price inquired if reports to the Social Services Department regarding violations were mandatory; whereupon, Mr. Webb responded in the affirmative, adding that the Code Enforcement Department works closely with Child /Adult Protective Services as well as makes referrals to Lead Safe Roanoke, a weatherization program, and other non - profits. im Inoperable Motor Vehicle Zoning- Outdoor Storage Must follow state and city codes Property owners must be notifild Property owners ultimately responsible for how their property is used and maintained Abatement costs assessed through liens — can't lien tenants Code Enforcement Statistics .. r Wei List of Workshops /Trainings • Code 101 (December 2009, April 2010) • Code 102 (October 2010. October 2011) • Landlord /Tenant Training (August 2011) • Fair Housing Training (April 2012) (See copy of presentation on file in the City Clerk's Office.) Council Member Price inquired if most of the violations were in the rental districts; whereupon, Mr. Carr answered in the affirmative. Council Member Lea said that it appeared to be more weeds and trash in certain areas of the City; and inquired if resources were being utilized in areas where they were most needed. Mr. Webb referenced the slide depicting the 11 different enforcement zones and pointed out that zones were created according to the number of violations and not land area. Vice -Mayor Trinkle inquired about the mowing cycle for City -owned property. R. Brian Townsend, Assistant City Manager for Community Development, interjected that the City was on a 21 day mowing cycle for parks and a 14 day cycle for right -of- ways; adding that zones were sized according to the density of activity. Council Member Ferris asked if most of the properties in violation were owner - occupied; whereupon, Mr. Carr stated that while there were issues regarding owner - occupied properties, most violations pertained to properties not being maintained, mainly rental properties. Council Member Ferris questioned whether or not the City complies with its own regulations regarding weeds; whereupon, Mr. Townsend responded that the City had been well within compliance of the regulations for the first three cycles of the spring, however because of rainy conditions, the City was somewhat behind in the current cycle. Council Member Bestpitch suggested that landlords be present when tenants vacate the premises. 20 Council Member Lea suggested that members of staff be present at the monthly ^ neighborhood group meetings to educate the public about matters concerning violations. Mr. Carr advised that the inspectors regularly attend neighborhood meetings so they can hear concerns as well as educate the members. Vice -Mayor Trinkle inquired if the code enforcement courses were available on- line; whereupon, Mr. Carr answered in the affirmative. Vice -Mayor Trinkle suggested that Members of Council refer to the on -line courses when responding to citizens. Vice -Mayor Trinkle asked Mr. Decker if all of the Big Blues in the City were being replaced; and to clarify where the "Big Blues" may be stored; whereupon, Mr. Decker indicated that the containers should be placed behind the principal building, and since the "Big Blues" were 13 to 14 years old, the containers were being replaced. In response to an inquiry as to whether the Coca -Cola Recycle and Win Campaign had increased recycling efforts, Mr. Decker responded in the affirmative. Question from Vice -Mayor Trinkle about procedure if there is evidence of illegal dumping along the greenways or other areas of the City, Mr. Decker answered that citizens should called 853 -2000 to report illegally dumped items. There being no further discussion, the Vice -Mayor advised that the presentation would be received and fled. At 12:37 p.m., the Vice -Mayor declared the Council meeting in recess for a u Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At this point, Mayor Bowers entered during the Closed Meeting (1:15 p.m.) At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers -7. ABSENT: None -0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. 21 The Invocation was delivered by Father Thomas D. Reeves, Pastor, Church of St. Peter and St. Paul. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT - DECEASED PERSONS: Council Member Ferris offered the following resolution memorializing the late Colonel Robert Craig, long- time resident of the City of Roanoke: ( #39354- 050712) A RESOLUTION memorializing the late Colonel Robert Russ Craig, a resident of the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 313.) Council Members Ferris moved the adoption of Resolution No. 39354 - 050712. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. The Mayor advised that ceremonial copies of Resolution No. 39354 - 050712 would be mailed to Richard and Michael Craig, respectively, sons of Colonel Craig. ACTS OF ACKNOWLEDGEMENT -BIKE MONTH: Council Member Ferris offered the following resolution recognizing May 2012 as Bike Month: ( #39355- 050712) A RESOLUTION proclaiming May 2012 as Bike Month. (For full text of resolution, see Resolution Book No. 75, page 314.) Council Member Ferris moved the adoption of Resolution No. 39355- 050712. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. 22 Mayor Bowers presented a ceremonial copy of Resolution No. 39355- 050712 to .. Jeremy Holmes, Sustainability Programs Coordinator, Roanoke Valley- Alleghany Regional Commission. ACTS OF ACKNOWLEDGMENT -TEEN PREGNANCIES: The Mayor declared the month of May 2012 as National Month to Prevent Teen Pregnancy. (See ceremonial copy of proclamation on file in the City Clerk's Office.) He presented a ceremonial copy of the proclamation to Stephanie B. Michael, Adolescent Health Educator, Carilion Clinic Children's Hospital. ACTS OF ACKNOWLEDGMENT- PRESERVATION: The Mayor declared the month of May 2012 as National Preservation Month and presented a ceremonial copy of the proclamation to Alison Blanton, Vice- Chair, Architectural Review Board; and President, Roanoke Valley Preservation Foundation; and Jillian Papa, Preservation Planner, City of Roanoke. (See ceremonial copy of proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be .. referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Larry Black, a non City resident, appeared before the Council and spoke about preserving the old Fire Station No. 1 as an historical landmark. He also commented that the late Colonel Craig had been a good friend, and he cared about Roanoke City government. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a public hearing request from the City Manager. MINUTES: Minutes of the regular meeting of the Council held on Monday, April 7, 2012; were before the body. (See minutes on file in the City Clerk's Office.) 040 Council Member Rosen moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice -Mayor Trinkle adopted by the following vote: AYES: Council Members: Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 21, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from Straight Street Roanoke Valley, Inc., a non - stock, not for profit corporation, for tax exemption of real property in the City located at 339 Luck Avenue, S. W., was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. EQUIPMENT- PUBLIC WORKS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 21, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a revocable license and contract to use part of the Public Works Service Center for a Turn Key On -Site Parts and Related Items Operation to be provided at the City's Public Works Service Center., was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. 24 BUSES: A communication from the City Clerk advising of the resignations of John Bingham and Consuella Caudill as members of the Greater Roanoke Transit Company, Board of Directors, effective immediately; was before the Council. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council accept the resignations and receive and file the communication. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. OATHS OF OFFICE -HOTEL ROANOKE, Report of qualification of Harvey D. Brookins as the Citizen at Large representative of the Hotel Roanoke and Conference Center Commission for a four -year term of office ending April 12, 2016; was before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Rosen moved that the report of qualification be received and filed. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CABLE TELEVISION - BUDGET: Elaine Bays- Murphy, Cable Access Director, Roanoke Valley Regional Cable Television, presented the annual RVTV Fiscal Year 2012 -2013 Budget. I 25 Ms. Bays- Murphy pointed out that on April 4, 2012, the Roanoke Valley Regional Cable Television Committee approved its operating budget for fiscal year 2012 -2013, in the amount of $378,813.00, adding that the proposed budget included funding for closed captioning services for both the City Council and the Roanoke County Board of Supervisors meetings; however, at the City's request, RVTV would also broadcast the monthly 9:00 a.m., City Council briefings or sessions for the next fiscal year, which would replace the broadcast of City Planning Commission meetings for the same cost. In closing, she mentioned that since closed captioning services were also required for the additional meetings, and the City would pay the additional cost of $3,360.00 for such extra services. (See copy on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following resolution: ( #39356 - 050712) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2012 -2013 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of resolution, see Resolution Book No. 75, page 315.) Vice -Mayor Trinkle moved the adoption of Resolution No. 39356- 050712. The motion was seconded by Council Member Rosen. Vice -Mayor Trinkle, the City Council representative, commented that The Roanoke Valley Cable Television Committee Members and the RVTV staff were an excellent, reliable and flexible group to work with; and the City of Roanoke was receiving a lot of services for its contribution to the RVTV budget. There being no additional comments, Resolution No. 39356- 050712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. 26 ITEMS RECOMMENDED FOR ACTION: BUDGET - GRANTS -E911: The City Manager submitted a written communication " recommending acceptance and appropriation of funds in connection with the Public Safety Answering Point (PSAP) Grant from the Virginia E -911 Services Board. (For full text, see communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following resolution: ( #39357- 050712) A RESOLUTION accepting the Public Safety Answering Point (PSAP) Grant to the City from the Virginia Wireless E -911 Services Board, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 316.) Vice -Mayor Trinkle moved the adoption of Resolution No. 39357- 050712. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Vice -Mayor Trinkle offered the following budget ordinance: ( #39358- 050712) AN ORDINANCE to appropriate funding from the Virginia E -911 Services Board Grant to the E -911 Upgrades Hardware /Software project, amending and re- ordaining certain sections of the 2012 -2013 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 317.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39358- 050712. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. PAN BUDGET- GRANTS- HOUSING: The City Manager submitted a written communication recommending Acceptance and appropriation of funds in connection `— with the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: ( #39359 - 050712) A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $177,924.00; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. (For full text of resolution, see Resolution Book No. 75, page 318.) Council Member Lea moved the adoption of Resolution No. 39359 - 050712. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Lea offered the following budget ordinance: ( #39360 - 050712) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 319.) Council Member Lea moved the adoption of Budget Ordinance No. 39360- 050712. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. BUDGET - GRANTS -FIRE DEPARTMENT: The City Manager submitted a written ^ communication recommending acceptance and appropriation of additional grant funds from the Virginia Department of Fire Programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: ( #39361 - 050712) A RESOLUTION authorizing acceptance of additional funding for the FY2011 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. 75, page 320.) Council Member Ferris moved the adoption of Resolution No. 39361 - 050712. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0 Council Member Ferris offered the following budget ordinance: ( #39362 - 050712) AN ORDINANCE appropriating additional funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 321.) Council Member Ferris moved the adoption of Budget Ordinance No. 39362- 050712. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. ^ 29 CITY CODE - FIRE - HOUSING: The City Manager submitted a written communication recommending amendment of the City Code to reflect recent amendments to the Virginia Statewide Fire Prevention Code (SFPC), which were adopted by the Virginia Department of Housing and Community Development in order that fire codes enforced at the local level will be consistent with said changes. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: ( #39363 - 050712) AN ORDINANCE amending and reordaining Section 12 -3, Technical prevention division generally, Section 12 -16, Adoption of Virginia Statewide Fire Prevention Code, and Section 12 -18, Amendments, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 321.) Council Member Rosen moved the adoption of Ordinance No. 39363 - 050712. The motion was seconded by Vice -Mayor Trinkle. Fire Marshal Daniel Rakes shared information with regard to the Fire Code Ordinance Update, stating the following: r Fire Code Ordinance Update Fire Code Ordinance Update ut International Code Council (ICC) _ nlematonal Code set . eu mmA [ rc Mec1enc ai Gait - Codes are updated every 3 years Daniel Rakes, e Establishes Minimum Regulations Governing g„ Fire Marshal Fire Safety 771 30 fi Fire Code Ordinance Update • Virginia ICC (2008 Edtllon) - - Rewmmendaterson changes - Adopted by legislation . Ico zoos edmnn . Adopted in tot t as A5.. Fb `n` s Fire Code Ordinance Update ,"k'7st . Local Aft - Adoption (after state adoption) - Can make changes to the code that are more Fire Code Ordinance Update . Changes - open burning . posture outdoor outing Elpeoldons Bon G' =7 • Basics are still the same (Most Common 0 0 . • Fireaidn", - License Regwred - ElecNeallssues as A5.. Fb `n` s Fire Code Ordinance Update ,"k'7st . Local - Adoption (after state adoption) - Can make changes to the code that are more stringent tout not ess) - Enforcement cyx^ Fire Code Ordinance Update G' =7 • Basics are still the same (Most Common Violations) - Fire Protenoon systems . spnnMer are,e,n, . n,e aRrms ry. sopp deon - ElecNeallssues . Asensan more powernrq. open —tcr rn - Overcrowding - Blocked EAla ..� • Corp, iron or000rs mpmpei asks Council Member Rosen asked if the permit for bon fires was only for open burning; whereupon, Fire Marshal Rakes explained that the reference to bon fires was for ceremonial celebrations at religious events or pep rallies and a fee to obtain a permit was required. He continued that backyard fire pits did not require an application, therefore no fee for a permit was necessary; however, campfires required an application, but no fees are necessary, adding that the intent was for educational purposes and to make certain fires would not be built in the middle of wooded areas during dry seasons. In conclusion, the Fire Marshal Commented that there were no fees for cooking fires or barbeque grills. Council Member Bestpitch questioned if there were restrictions on what an individual would be able to burn because there have been concerns in the past about individuals who burn items that emit an obnoxious odor. The Fire Marshal individuals must burn clean, dry, seasoned firewood because wet or green wood gives off smoke; and the code allows the Fire Department to extinguish fires that create a nuisance for neighbors. He also pointed out that there was language in the Department of Environmental Quality (DEQ) laws that prohibits burning of creosote, treated lumber and general debris. e... 31 b Most Common Violations continued - Some, - Improper or Excessive • Too close to elect ncaI equipment, too close to sprinkle, "ads - Improper change of use Questions? • Facelsook.com • Twitter • Roanokeva.gavlfiremarshal • Roanokeva. govlFirei (See copy of presentation on file in the City Clerk's Office.) Vice -Mayor Trinkle inquired if changes in the law required businesses to meet new requirements or if businesses were grandfathered when laws changed. The Fire Marshal advised that the Fire Code deals with operational issues and requirements change with the fire code. Vice-Mayor Trinkle confirmed that as the codes were updated, it may be necessary for a restaurant to adapt to the new regulations; whereupon, the Fire Marshal answered in the affirmative. Mayor Bowers asked if there were fire marshals in every jurisdiction in Virginia; whereupon, Mr. Rakes answered that jurisdictions that have adopted the Fire Code, have fire marshals, but areas that have not adopted the Fire Code, are under the jurisdiction of the State Fire Marshal. The Mayor then questioned which surrounding localities have fire marshals; whereupon, Mr. Rakes responded that Roanoke County including the Town of Vinton, City of Salem, Bedford and Franklin Counties, adding that some of the more rural counties such as Craig, Botetourt and Montgomery do not have a fire marshal. There being no further questions and /or comments from the Members of Council, Ordinance No. 39363 - 050712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. HOUSING: The City Manager submitted a written communication recommending approval of an Amendment to the 2011 -2012 Annual Update of the City's 2010 -2015 Consolidated Plan; and authorization to submit the complete Annual Update amendment to HUD for final review and approval, including execution of all documents pertaining thereto. r� (For full text, see communication on file in the City Clerk's Office.) 32 Council Member Price offered the following resolution: ( #39364 - 050712) A RESOLUTION authorizing the appropriate City officials to " approve the Substantial Amendment to the 2011 -2012 Annual Update of the 2010 -2015 Consolidated Plan for additional funding and to authorize execution of all necessary documents to accept such funding for the Emergency Shelter Grant in the amount of $45,940.00. (For full text of resolution, see Resolution Book No. 75, page 324.) Council Member Price moved the adoption of Resolution No. 39364 - 050712. The motion was seconded by Council Members Ferris and Rosen. Dan Merenda, representative of the Council of Community Services, appeared before the Council and briefed the Council on the Substantial Amendment — FY2011- 2012 Consolidated Plan — Annual Action Plan for the Emergency Solutions Grant Program, as follows: Substantial Amendment FY 2011 -2012 Consolidated Plan Annual Anion Plan for the Emergency Solutions Grant Program (ESG) C Stakeholder Involvement (February - April) ' 'before rndd�l e, peep mnaa�dsfor nemmemnes 11 on, amyl e such .""t" raVm,e noF ...,.,d �e...e.. mp. nest, m r. ohrods by ,mob�panre cony) 1,11 ,eon., e.: Sbehers — et0u[ 11s. hatch, ontlm agemen, 1,111 Cbmmumd, i.beo..u.n 1, .11 Gry of Manoh lhMSldn dt 1 Iocemmdn�n perod a1 aheher to pe,nane [MUSmgj • r..1A, 1—nerl ^ Purpose of Substantial Amendment l.. be shape 10 a •� bas 1111 11 , „ Ia ,"w �., ,rue e ber, re Iris fle emmas,1,pr copper' ........I :,..a sbisnee n.aIII— l Ithe I Emerge �eys„m, ons ems 11 b„s.e s sas red C .,a., Key Elements of Amendment meaamo,ylo e enr peep mnaa�dsfor mined e e such .""t" raVm,e noF a,uollet.I..d, e. ones b,- -bate, increcors cap.. .r m o,g.f,m ohrods by ......... gll.wa all a ngdae: Sdrontlalloe — et0u[ 11s. hatch, ontlm agemen, pdo, peuorms ona TU ei a e umneror Rapid penddsinge or I.... hours odd persons �norso, fr.. piner,e, — Emergency 5helei aheher to pe,nane [MUSmgj C I Amendment increases accountability Spi outputs. Pefo,mence Indicate,, pedoi — nmpe, anent intended ondoeffn dantl drindi On diff, — f0�and onvna,anel,e: mc' e,mann t,on n_e o . Sets standards nolom ,w au111111 Cw p,o6111 pa all n pn, fell I'll tloka lo mf'one ntlwne,neeand of. ti 9l .e fall he ee,., . -d stet Si 4r tliic,m m ng t" C :- 33 Describes policies and procedures Si pence, are pma<n,e: ,Ing l n ...... ir ono to r ewed no Con l.eot 11 Sun -111 If, • on .mlm�s.,d, ,,it rg e115anlehm In" "I'alonkw ...... non a ea n rf,I d nov n tiny of xcaoolIf am o....n. tee, C;.'. mary Amend „ a,haltp odo,ofhem an., sar000 i in In, din i fond ­U, of loe endm e me, front sndin omelet shell —If n...... the homeless or In— a, mkol Lem- 'p harm onar, a sse mmnN nr ­of, n omtlem onefrle av nei, ng endm npe to s , f o ,data rya olacroon emong pr—d r,m1 toe a ae.1 I -9cple ning IS (For full text, see copy of presentation on file in the City Clerk's Office.) Council Member Price commented on the great collaboration efforts of the service providers and asked that additional information be provided regarding the efforts of the faith -based community; whereupon, Mr. Merenda said that many of the homeless go to faith -based congregations for help and these congregations have expressed an interest in how they can participate and have access to the data management systems. Council Member Price asked for a definition of rapid rehousing; whereupon, Mr. Merenda responded that the rapid rehousing strategy was to get a person in housing first, provide case management and then deal with other issues like substance abuse in a secondary fashion. She then questioned if the case management and providing skills to help individuals avoid homelessness were in place in the rapid rehousing model. Mr. Merenda answered in the affirmative. 34 Council Member Price stated that the rapid rehousing model did not eliminate the need for shelters, but wondered if it helped relieve the burden on existing shelters. Mr. Merenda advised that rapid rehousing encourages shelters to work together to develop a plan to reduce the length of time that individuals may be in their shelters; adding that the strategy for emergency shelters would be to set performance measures for an average stay to be no more that 30 days, 45 days, 60 days or within a time an individual could relocate to permanent housing. He reiterated that the focus of the community is to assist individuals with permanent housing. Council Member Ferris said that he had recently attended the Roanoke Regional Housing Summit that was hosted by the Roanoke Valley Association of Realtors and the subject was rapid rehousing and helping people from becoming homeless so that all of the problems that tend to arise from homelessness do not multiply. In addition, Mr. Merenda stated that there had only been a four percent increase in homelessness over the past year, even during the time of economic downturn; and there were less than 500 people in the City of Roanoke who were homeless and the level of care in the City was outstanding. Council Member Ferris inquired if the rapid rehousing program was specifically for the City of Roanoke residents; whereupon, Mr. Merenda answered in the affirmative. Council Member Ferris then asked if the Emergency Assistance Grant Program was available to the localities outside of Roanoke. Mr. Merenda indicated that the assistance was available to other localities whether they were entitlement areas or not. He further indicated that some of the smaller localities did not have shelters or the case management abilities. Council Member Ferris questioned if not having the case management abilities was the barrier to other localities not getting involved in the process. Mr. Merenda advised that the case management aspect was most often the most costly part of providing homeless assistance and could very well be the barrier. Council Member Bestpitch expressed his concern regarding some of the smaller jurisdictions outside of Roanoke not having the resources to offer assistance to its homeless population; and challenged the faith -based community in Roanoke to extend assistance to their counterparts in the outlying counties. Mr. Merenda indicated his support of such a model and stated that Roanoke should use its expertise to teach other faith -based communities to take care of their homeless. Council Member Bestpitch was of the opinion that the homeless would prefer housing in familiar surroundings where they had relatives and friends, rather than relocate to another locality with no connections. He added that even though the Regional Commission and the Council of Community Services have roles to play, the majority of churches have districts or conferences and should be encouraged to help ^ their fellow churches in the outlying areas. 35 In response to specifics as to what services would look like for the 73 households who would receive prevention services, Mr. Merenda explained that prevention services would be for utility assistance, medical bills, etc. There being no further questions and /or comments by the Members of Council, Resolution No. 39364-050712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. COMMENTS BY CITY MANAGER: The City Manager offered the following comments: Green Roof An announcement about the city's green roof was made at a press conference today at 1:30 p.m. on the steps of the Municipal Building. The roof has 2,900- square -feet of water - conserving plants and 3,800- square -feet of mulch. Also has a rainwater harvesting system that takes water from the building's roof and stores it in six 500- gallon tanks for use to water the plants on the roof when needed. In addition to increasing the life of the underlying roof membrane and saving energy, the roof will significantly improve the appearance of the entrance to the Municipal Building. City staff installed the roof. Expressed appreciation to: • Ken Cronin, Director of General Services and Sustainability. • John McGhee, Facilities Manager, and Facilities Management staff. • Dwayne D'ardenne, Transportation Division, and staff from Landscape Maintenance Section. Varsity Landscape installed the John Deere Green Tech Rainwater Harvesting System. Estimated that the City will capture over 400,000 gallons of rainwater from the upper Municipal South roof in an average year. Riverbend Nursery (Riney, VA) grew the plants for the roof. 36 May is Neighborhood Month During the month of May, neighborhood groups will host events in celebration of our neighborhoods. Several activities have become annual Neighborhood Month traditions over the years: Airlee Court's Annual Multi -block Yard Sale, Melrose- Rugby's Fish Fry, and Raleigh Court's Annual Grandin Village Block Party. Events scheduled can be found on the city's website: www. roanokeva .gov /neighborhoodmonth. Check site often as it may be updated as additional events are scheduled. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report of the City of Roanoke for the month of March 2012. (For full text, see Financial Report on file in the City Clerk's Office.) Ms. Shawver provided summary on the City's financial results for the nine months ended March 31, 2012. There being no questions and /or comments from the Members of Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: SCHOOLS: Council Member Bestpitch offered the following resolution appointing three School Board Trustees on the Roanoke City School Board for three - year terms of office, each, commencing July 1, 2012 and ending June 30, 2015: ( #39365- 050712) A RESOLUTION appointing Mae G. Huff, Todd A. Putney, and Dick Willis, Jr., as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2012, and ending June 30, 2015. (For full text of resolution, see Resolution Book No. 75, page 325.) 37 Council Member Bestpitch moved the adoption of Resolution No. 39365 - 050712. The motion was seconded by Council Member Rosen and Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND /OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Mayor Bowers thanked the citizens of Roanoke for the privilege of allowing him to serve another four years as Mayor, as well as congratulations to Council Member Rosen on receiving the largest number of votes as Vice -Mayor Elect, and the reelection of Council Members Lea and Price. Council Member Lea asked the Acting City Attorney to research and report to the Council the process to be taken in order to move the Councilmanic elections from May to November, noting low voter turnout. The Acting City Attorney advised that moving an election would require an amendment to the City Charter; and now would be the perfect time to change the election because the code section prevents changes between January 1 and the upcoming May election. While offering to put the process in writing, he noted pointed out that at least two City Charter amendments would be required. VACANCIES ON AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: COUNCIL: With respect to the Closed Meeting just concluded Council Member Rosen moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. OATHS OF OFFICE - ROANOKE VALLEY CONVENTION AND VISITORS ^ BUREAU: The Mayor called attention to the upcoming expiration of the one —year terms of office of Barton Wilner, Ssunny Shah, Gary Walton and Lee Wilhelm, III, as City representatives of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Jeffrey Marks to replace Mr. Wilner, Ssunny Shah, Gary Walton and Lee Wilhelm, III. There being no further nominations, Mr. Marks was appointed and Messrs. Shah, Walton and Wilhelm were reappointed as City representatives of the Roanoke Valley Conventional and Visitors Bureau, Board of Directors, for terms of one -year, each, ending June 30, 2013, by the following vote: FOR MESSERS MARKS, SHAH, WALTON, AND WILHELM: Council Members Trnkle, Bestpitch, Ferns, Lea, Price, Rosen, and Mayor Bowers -7. Inasmuch as Ssunny Shah is not a City resident, Council Member Ferns moved that the City residency be waived in this instance. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferns, Lea, Price, Rosen and Mayor „y Bowers -7. NAYS: None -0. OATHS OF OFFICE - ROANOKE CITY SCHOOL BOARD JOINT SERVICES COMMITTEE: The Mayor called attention to the upcoming expiration of the two -year term of office of David B. Trinkle as the City's representative of the City of Roanoke /Roanoke City School Board Joint Services Committee ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of David B. Trinkle. There being no further nominations, Vice -Mayor Trinkle was reappointed as the City representative of the City of Roanoke /Roanoke City School Board Joint Services Committee for a two -year term of office ending June 30, 2014, by the following vote: FOR VICE -MAYOR TRINKLE: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. r, 0 OATHS OF OFFICE- ROANOKE FINANCE BOARD: The Mayor called attention to the upcoming expiration of the two -year term of office of Brian Redd as the City - representative of the City of Roanoke Finance Board ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Brian Redd. There being no further nominations, Mr. Redd was reappointed as the City representative of the City of Roanoke Finance Board for a two -year term of office ending June 30, 2014, by the following vote: FOR MR. REDD: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE - PENSION PLAN: The Mayor called attention to the upcoming expiration of the terms of office of Carolyn Glover, James D. Grisso, and William Babb as members of the Board of Trustees, City of Roanoke Pension Plan, ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Carolyn Glover, James D. Grisso, and Melvin Sanders. There being no further nominations Ms. Glover was reappointed as the City employee representative for a four -year term of office ending June 30, 2016; and Mr. Grisso was reappointed as the City retiree representative for a two -year term of office ending June 30, 2014; and Melvin Sanders (Fire Department) was appointed to replace Mr. Babb as the public safety representative for a two -year term of office, commencing July 1, 2012 and ending June 30, 2014, which position rotates between the Fire Department and Police Department, as members of the Board of Trustees, City of Roanoke Pension Plan, by the following vote: FOR MS. GLOVER AND MESSRS. GRISSO AND SANDERS: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. Inasmuch as James D. Grisso is not a City resident, Council Member Ferris moved that the City residency be waived in this instance. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers -7. NAYS: None -0. me OATHS OF OFFICE - PERSONNEL: The Mayor called attention to the upcoming ^ expiration of the three -year terms of office of Edward Bradley, the Reverend Dr. William Lee and Virginia Stuart as members of the Personnel and Employment Practices Commission ending June 30, 2012. Inasmuch as Ms. Stuart has served three consecutive terms of office, she is not eligible for reappointment; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Katina Hamlar to replace Ms. Stuart, Dr. William L. Lee, and Edward Bradley. There being no further nominations, Dr. Lee and Mr. Bradley were reappointed and Ms. Hamlar was appointed as members of the Employment Practices Commission for three - year -terms of office, each, ending June 30, 2015, by the following vote: FOR MS. HAMLAR, DR. LEE, AND MR. BRADLEY: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE -ART: The Mayor called attention to the upcoming expiration of the three -year terms of office of Sandra Brunk, Kathleen Lunsford, Greg Webster, Amy Moorefield and Lucy Lee as members of the Roanoke Arts Commission ending June 30, 2012. Inasmuch as Ms. Lunsford as served three consecutive terms of office, she is not eligible for reappointment; whereupon, he opened the floor for nominations. ^ Council Member Rosen placed in nomination the names of Margaret Hannapel to ... replace Ms. Brunk, Jeannie Fishwick to replace Ms. Lunsford, Greg Webster, Amy Moorefield, and Lucy Lee. There being no further nominations, Ms. Hannapel and Ms. Fishwick were appointed, and Mr. Webster, Ms. Moorefield, and Ms. Lee were reappointed as members of the Roanoke Arts Commission for three -year terms of office, each, ending June 30, 2015, by the following vote: FOR MS. HANNAPEL, MS. FISHWICK, MR. WEBSTER, MS. MOOREFIELD AND MS. LEE: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE - ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to the upcoming expiration of the terms of office of Braxton Naff and Bob Caudle ending June 30, 2012; and a vacancy created by the resignation of Ron McCorkle for a term ending June 30, 2013 as members of the Roanoke Neighborhood Advocates. Mr. Braxton advised that he does not desire a three -year appointment, but would prefer to be appointed to fill the unexpired term of Mr. McCorkle; whereupon, the Mayor opened the floor for nominations. .. Cpl Council Member Rosen placed in nomination the name of Braxton Naff to replace Mr. McCorkle. There being no further nominations Mr. Naff was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Ron McCorkle ending June 30, 2013, by the following vote: FOR MR. NAFF: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE — LIBRARIES: The Mayor called attention to the upcoming expiration of the three -year terms of office of Marlene Preston and Jeanne Bollendorf as members of the Roanoke Public Library Board ending June 31, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Marlene Preston and Jeanne Bollendorf. There being no further nominations Ms. Preston and Ms. Bollendorf were reappointed as members of the Roanoke Public Library Board for three -year terms of office, each, ending June 30, 2015, by the following vote: FOR MS. PRESTON AND MS. BOLLENDORF: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE- ROANOKE VALLEY GREENWAY COMMISSION: The Mayor called attention to the upcoming expiration of the three -year term of office of Mark Lucas as a City representative of the Roanoke Valley Greenway Commission ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Mark Lucas. There being no further nominations Mr. Lucas was reappointed as a City representative of the Roanoke Valley Greenway Commission for a three -year term of office ending June 30, 2015, by the following vote: FOR MR. LUCAS: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. 42 OATHS OF OFFICE- ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION: The Mayor called attention to the upcoming expiration of the three -year terms of office of Jay Foster as the Non - elected official representative, Christopher P. Morrill as the City - elected official representative, Braxton G. Edward Naff as the Citizen official representative, Council Member Court G. Rosen and Vice -Mayor David B. Trinkle as the Elected Official representatives of the Roanoke Valley - Alleghany Regional Commission ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Christopher P. Morrill and Braxton G. Edward Naff. There being no further nominations Mr. Morrill (City- elected) and Mr. Naff (Citizen) were reappointed as representatives of the Roanoke Valley - Alleghany Regional Commission for three -year terms of office, each, ending June 30, 2015, by the following vote: FOR MESSRS. MORRILL, AND NAFF: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE -NEW RIVER COMMERCE PARTICIPATION COMMITTEE: The Mayor called attention to the upcoming expiration of the four -year terms of office of Council Members William D. Bestpitch and Anita J. Price (Alternate) as City representatives of the New River Valley Commerce Participation Committee ending June 30, 2012; whereupon, he opened the floor for nominations Council Member Rosen placed in nomination the names of Council Member William D. Bestpitch and Anita J. Price (Alternate). There being no further nominations, Council Members Bestpitch and Price (Alternate) were reappointed as City representatives of the New River Valley Commerce Participation Committee for four -year terms of office, each, ending June 30, 2016, by the following vote: FOR COUNCIL MEMBERS BESTPITCH AND PRICE: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE - ROANOKE VALLEY JUVENILE DETENTION CENTER COMMISSION: The Mayor called attention to the upcoming expiration of the four -year terms of office of Ann H. Shawver and Sherman M. Stovall (Alternate) as City representatives of the Roanoke Valley Juvenile Detention Center Commission ending June 30, 2012; whereupon, he opened the floor for nominations. 43 Council Member Rosen placed in nomination the names of Ann H. Shawver and Sherman M. Stovall (Alternate). There being no further nominations Ms. Shawver and Mr. Stovall were reappointed as City representatives of the Roanoke Valley Juvenile Detention Center Commission for four -year terms of office, each, ending June 30, 2016, by the following vote: FOR MS. SHAWVER AND MR. STOVALL: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE — VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY: The Mayor called attention to the upcoming expiration of the four -year terms of office of Council Members William D. Bestpitch and Anita J. Price (Alternate) as City representatives of the Virginia's First Regional Industrial Facility Authority ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Council Members William D. Bestpitch and Anita J. Price (Alternate). There being no further nominations, Council Members Bestpitch and Price (Alternate) were reappointed as City representatives of the Virginia's First Regional industrial Facility Authority for four -year term of office, each, ending June 30, 2016, by the following vote: FOR COUNCIL MEMBERS BESTPITCH AND PRICE: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. OATHS OF OFFICE — WESTERN VIRGINIA WATER AUTHORITY: The Mayor called attention to the upcoming expiration of the four -year term of office of Harvey D. Brookins as a City representative of the Western Virginia Water Authority ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Harvey D. Brookins. There being no further nominations, Mr. Brookins was reappointed as a City representative of the Western Virginia Water Authority for a four -year term of office ending June 30, 2016, by the following vote: FOR MR. BROOKINS: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. LL.w Cd! VIRGINIA MUNICIPAL LEAGUE POLICY COMMITTEES: The Mayor ^ announced the following reappointments to the 2012 Virginia Municipal League Policy Committees for one -year terms of office: Finance - Ann H. Shawver/ Court G. Rosen Human Development and Education - Anita J. Price /Stephanie M. Moon Economic Development - Court G. Rosen General Laws - Timothy Spencer Environmental Quality - Christopher Blakeman Transportation - Mark Jamison At 3:43 p.m., the Mayor declared the Council meeting in recess until Monday, May 14, at 2:00 p.m., in the Council Chamber, for the adoption of the City of Roanoke Recommended Fiscal Year 2012 -2013 Budget and Recommended 2012 -2013 HUD funding. The recessed meeting of Roanoke City Council, which was called to order Monday, May 7, 2012, at 9:00 a.m., reconvened on May 14, 2012 at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers -7. ABSENT: None -0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Lea. Mayor Bowers called for a moment of silence due to the passing of Robin Neamo- Parker, an African American Studies Teacher from Patrick Henry High School. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor recognized Ashley Reynolds, an intern from Virginia Tech, working in the City Manager's office during the summer months. Mayor Bowers also recognized Drew Densmore from Senator Mark Warner's ^ Office who was in attendance. 45 He expressed appreciation to the Members of City Council, the City Manager, the Director of Finance, and the staff of the Office of Management and Budget for all of their hard work preparing a balanced budget for approval. BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures in connection with the City's Recommended 2012 -2013 Fiscal Year Budget. BUDGET: The Director of Finance submitted a certification reporting that funds required for the 2012 -2013 General Fund, Civic Facilities Fund, Parking Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, School Athletics Fund and Grant Fund budgets were available for appropriation. (See Certification on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Certification of Funding would be received and filed. BUDGET -FEE COMPENDIUM -CITY CODE -PARKS AND RECREATION-FIRE- EMERGENCY MEDICAL SERVICES - POLICE - TRAFFIC: The City Manager submitted a written communication recommending amendments to the City's Fee Compendium (fee and rate schedule) in connection with proposed fee and rate changes for parking ticket fees, athletic fencing rental, open space rental, fire inspection permit fees, explosives use per hour stand -by fee, fumigation and thermal insecticide fogging permit fee, fireworks permit fees and emergency medical services fees, effective July 1, 2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: ( #39366 - 051412) AN ORDINANCE amending Section 20 -89, Penalties for Unlawful Parking, of Division 3, Duties of Police Officers Penalties for Unlawful Parking, and Section 20 -76(h) of Section 20 -76, Parking Spaces Reserved for Persons With Disabilities, of Article IV, Stooping Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979) as amended, by the placement of additional references to the City Code in the parking violation fine summary chart, providing for an increase to the amount of the fine for certain parking violations from $10.00 to $20.00, and the addition of language to clarify the amount of fines that are owed for disabled parking violations; adding new Section 20 -91, Appeals of Parking Violations, to Division 3, Duties of Police Officers; Penalties for Unlawful Parking, of Article IV, Stooping Standing and Parking, Chapter 20, of the Code of the City of Roanoke (1979) as amended; providing for an effective date; amending the fee compendium, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 327.) I KAM Council Member Bestpitch moved the adoption of Ordinance No. 39366 - 051412. ^� The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39367- 051412) A RESOLUTION amending the Fee Compendium to include a new rental fee for sectional athletic fencing; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 75, page 329.) Council Member Bestpitch moved the adoption of Resolution No. 39367- 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39368 - 051412) A RESOLUTION amending the Fee Compendium to include an open space rental fee; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 75, page 330.) Council Member Bestpitch moved the adoption of Resolution No. 39368- 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39369 - 051412) A RESOLUTION amending the Roanoke Fire -EMS Inspection Fees to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 75, page 331.) r 47 Council Member Bestpitch moved the adoption of Resolution No. 39369 - 051412. The motion was seconded by Council Member Ferns and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39370- 051412) A RESOLUTION amending the Roanoke Fire -EMS Explosives Permit Fees to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 75, page 332) Council Member Bestpitch moved the adoption of Resolution No. 39370- 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39371- 051412) A RESOLUTION amending the Roanoke Fire -EMS Fumigation /Fogging Permit Fee to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 75, page 333.) Council Member Bestpitch moved the adoption of Resolution No. 39371 - 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. M I oo Council Member Bestpitch offered the following resolution: ( #39372 - 051412) A RESOLUTION amending the Roanoke Fire -EMS Fireworks Permit fees to be charged by the Roanoke Fire -EMS Department; establishing an effective date; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 75, page 333.) Council Member Bestpitch moved the adoption of Resolution No. 39372 - 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following resolution: ( #39373- 051412) A RESOLUTION amending the Roanoke Fire -EMS Emergency Medical Services fees to be charged by the Roanoke Fire -EMS Department; establishing an effective date; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 75, page 335.) �a Council Member Bestpitch moved the adoption of Resolution No. 39373 - 051412. ... The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. GRANTS-BUDGET-TRAFFIC-TECHNOLOGY-EQUIPMENT-SCHOOLS-CIVIC CENTER - RECREATION: Council Member Ferris offered the following budget ordinance: ( #39374 - 051412) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2012, and ending June 30, 2013; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 336.) r M Council Member Ferris moved the adoption of Budget Ordinance No. 39374- 051412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. CITY EMPLOYEES -PAY PLAN: Council Member Lea offered the following ordinance: ( #39375- 051412) AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2012; providing for certain salary adjustments, merit increases; authorizing various annual salary increments and supplements for certain officers and employees; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 343.) Council Member Lea moved the adoption of Ordinance No. 39375- 051412. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. CITY MANAGER -CITY CLERK - AUDITOR -CITY ATTORNEY - FINANCE: Council Member Price offered the following ordinance: ( #39376- 051412) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2012; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 349.) Council Member Price moved the adoption of Resolution No. 39376- 051412. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. 50 PENSION: The Director of Finance submitted a written communication ^ recommending approval of contribution rates for the Virginia Retirement System. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: ( #39377 - 051412) A RESOLUTION recommending the employee contribution for the Sheriffs employees who participate in the Virginia Retirement System (VRS) of five percent (5 %) with an offsetting five percent (5 %) salary increase be implemented effective July 1, 2012. (For full text of Ordinance, see Ordinance Book No. 75, page 350.) Council Member Rosen moved the adoption of Resolution No. 39377- 051412. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. CITY EMPLOYEES - PENSION: The Director of Finance submitted a written ^ communication recommending approval of cost of living adjustment for City retirees for fiscal year 2013, effective July 1, 2012. (For full text, see communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following ordinance: ( #39378 - 051412) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 351.) Vice -Mayor Trinkle moved the adoption of Ordinance No. 39378- 051412. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. 51 CAPITAL IMPROVEMENT PROGRAM: The City Manager submitted a written communication recommending endorsement of the Capital Improvement Program ►- Update for FY2013 -2017. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following Resolution: ( #39379 - 051412) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 14, 2012. (For full text of Ordinance, see Ordinance Book No. 75, page 353.) Council Member Ferris moved the adoption of Resolution No. 39379 - 051412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. Council Member Ferris offered the following Budget Ordinance: ( #39380- 051412 ) AN ORDINANCE to appropriate funding for the FY 2013 -2017 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2012 -2013 General, Capital Projects, Department of Technology and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 354.) Council Member Ferris moved the adoption of Budget Ordinance No. 39380- 051412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. GRANTS- COMMUNITY DEVELOPMENT: The City Manager submitted a written communication recommending appropriation of FY2013 funds for Enterprise Zone. (For full text, see communication on file in the City Clerk's Office.) 52 Council Member Lea offered the following Budget Ordinance: ( #39381 - 051412) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Fagade Grant Program project, amending and reordaining certain sections of the 2012 -2013 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 75, page 355.) Council Member Lea moved the adoption of Budget Ordinance No. 39381- 051412. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. HOUSING - GRANTS: The City Manager submitted a written communication recommending approval of the 2012 -2013 Annual Update to the 2010 -2015 HUD Consolidated Plan; and authorization to submit the complete Annual Update to the United States Department of Housing and Urban Development (HUD) for final review and approval. (For full text, see communication on file in the City Clerk's Office.) r Council Member Price offered the following Resolution: ( #39382 - 051412) A RESOLUTION approving the 2012 -2013 Annual Update ( "Annual Update ") to the 2010 -2015 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ( "HUD ") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. (For full text of Ordinance, see Ordinance Book No. 75, page 356.) Council Member Price moved the adoption of Resolution No. 39382- 051412. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers -7. NAYS: None -0. 53 There being no further business, the Mayor declared the continuation of the recessed meeting adjourned at 2:22 p.m. APPROVED ATTEST: �� -�o�,J Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor M1 ROANOKE CITY COUNCIL — REGULAR SESSION May 21, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 21, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article ll, 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. 39150 - 070511 adopted by the Council on Tuesday, July 5, 2011 and Resolution No. 39291- 010312. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers -6. ABSENT: Council Member Sherman P. Lea -1. The Mayor declared the existence of a quorum, OFFICERS PRESENT: Christopher P. Morrill, City Manager, Timothy R, Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by The Reverend Paul E. Johnson, Pastor Emeritus, Williams Memorial Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely appeared before the Council and expressed concerns about the manner in which he had been terminated from employment with the City of Roanoke. 55 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. CITY COUNCIL: A communication from Council Member Anita J. Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performances of certain 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 Bestpitch moved that Council concur in the request of Council Member Price as above described. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) COUNTRYSIDE - PURCHASE /SALE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, consisting of approximately 8 acres located at Countryside, where discussion in a open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request as above described. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) 56 SCHOOLS - PENSION: Reports of qualification of the Honorable David B. Trinkle as the City representative of the City of Roanoke /Roanoke City Public School Board ^� Joint Services Committee for a two -year term of office ending June 30, 2014; James D. Grisso, the City retiree representative, for a two -year term of office ending June 30, 2014; and Carolyn Glover, the City employee representative, for a four -year term of office ending June 30, 2016, of the City of Roanoke Pension Plan, Board of Trustees. (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 Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) REGULAR AGENDA: PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET - POLICE - GRANTS: The City Manager submitted a written communication recommending appropriation of funds from the Federal Asset Forfeiture Sharing Program. (For full text, see communication on file in the City Clerk's Office.) r 57 Council Member Ferris offered the following budget ordinance: ( #39383 - 052112) AN ORDINANCE to appropriate funding from the Department - of Justice Federal Asset Sharing Program and the Department of Treasury Federal Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 358.) Council Member Ferris moved the adoption of Budget Ordinance No. 39383- 052112. The motion was seconded by Vice -Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) BUDGET - GRANTS- POLICE: The City Manager submitted a written communication requesting appropriation of funds from the State Asset Forfeiture Sharing Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: ( #39384 - 052112) AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 359.) Council Member Ferris moved the adoption of Budget Ordinance No. 39384- 052112. The motion was seconded by Vice -Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) ZONING - PUBLIC WORKS: The City Manager submitted a written ^ communication requesting authorization to file an application to rezone Parcel A, adjacent to the Public Works Service Center from Downtown Conditional to 1 -1, Light -� Industrial, in order to conform the zoning of the Public Works Service Center. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: ( #39385 - 052112) A RESOLUTION authorizing the City Manager to file an application to rezone Official Tax No. 3070322 to bring such lot into conformity with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. (For full text of resolution, see Resolution Book No. 75, page 359.) Council Member Bestpitch moved the adoption of Resolution No. 39385 - 052112. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. r. (Council Member Lea was absent.) GRANTS - TRAFFIC- SCHOOLS - BUDGET: The City Manager submitted a written communication requesting acceptance and appropriation of funds for the Safe Routes to School Grant from the Virginia Department of Transportation. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: ( #39386 - 052112) A RESOLUTION accepting a Virginia Department of Transportation (VDOT) Safe Routes To School (SRTS) Grant; authorizing the City Manager to execute a Grant agreement between the City and VDOT for such Grant funds; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 75, page 361.) Council Member Rosen moved the adoption of Resolution No. 39386- 052112. The motion was seconded by Council Member Price and Vice -Mayor Trinkle. ^ Council Member Price commented that this particular grant was for an enhancement to the sidewalks in the Garden City area and vicinity of the Garden City Elementary School. There being no additional comments, Resolution No. 39386- 052112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) Council Member Rosen offered the following budget ordinance: ( #39387- 052112) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Safe Routes to Schools Program to the Safe Routes to Schools- Garden City Elementary project, amending and reordaining certain sections of the 2011 -2012 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 362.) Council Member Rosen moved the adoption of Budget Ordinance No. 39387- 052112. The motion was seconded by Vice -Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) TRAFFIC- SCHOOLS - BUDGET: The City Manager submitted a written communication requesting execution of the Revised Appendix A in connection with the Virginia Department of Transportation Safe Routes to School Projects; and transfer of funds. (For full text, see communication on file in the City Clerk's Office.) M Council Member Rosen offered the following resolution: ( #39388 - 052112) A RESOLUTION authorizing the City Manager to execute certain Revised Appendix A documents in connection with two Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grants in order to transfer Grant funds from one project to the other project; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this transfer and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 75, page 363.) Council Member Rosen moved the adoption of Resolution No. 39388- 052112. The motion was seconded by Council Member Price and Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) Council Member Rosen offered the following budget ordinance: ( #39389- 052112) AN ORDINANCE to transfer funding from the Commonwealth of Virginia Department of Transportation for the Safe Routes to School Program from the Addison Middle School Project to the Monterey Elementary School- Breckinridge Middle School Project, amending and reordaining certain sections of the 2011 -2012 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 364.) Council Member Rosen moved the adoption of Budget Ordinance No. 39389- 052112. The motion was seconded by Vice -Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) .. 61 ART MUSEUM - SCHOOLS - BUDGET: The City Manager submitted a written communication requesting execution of a Memorandum of Understanding between the City of Roanoke and the Art Museum of Western Virginia d /b /a the Taubman Museum of Art to provide educational programs to the Roanoke City Public Schools; and transfer of funds. (For full text, see communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following ordinance: ( #39390 - 052112) AN ORDINANCE authorizing the City Manager to enter into a Grant Agreement between the City of Roanoke and the Art Museum of Western Virginia d /b /a Taubman Museum of Art to provide educational programming to the Roanoke City Schools, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 365.) Vice -Mayor Trinkle moved the adoption of Ordinance No. 39390- 052112. The motion was seconded by Council Member Price. Council Member Bestpitch asked Dr. Rita Bishop, Superintendent of Roanoke City Public Schools, for an update regarding the collaborative effort with the Taubman Museum during the past school year. Dr. Bishop advised that the Roanoke City School students loved going to the Taubman Museum of Art over the summer and David Mickenberg, President and CEO of the Taubman Museum, had been absolutely responsive to every idea the school system presented; and she thought Roanoke would see a generation of Roanoke children that would appreciate the arts at all levels. Mr. Mickenberg commented that attendance at the Taubman had been extraordinary, and in many respects it was a direct result of the previous year's relationship with Roanoke City Schools. He indicated that the Taubman would end the fiscal year with an excess of 130,000 people visiting, which figure does not include the additional 30,000 to 35,000 people that had visited the Museum's website on -line. He pointed out that the figures had placed the Taubman as one of the best attended museums in the southeast portion of the United States; and the offer of free admission to Roanoke City School students had also been extended to their families. He also noted, upon recommendation and input from the schools, the Museum has re- opened its Art Venture, which had seen an attendance of approximately 6,000 students in six weeks. W He reported that prior to the free admission policy, the Taubman average attendance on Saturdays was about 150 people, but with the free admission policy, the attendance was between 650 and 700 people, adding that Saturday activities included performances, treasure hunts and tours for different age groups with the goal being to make the Museum an incredible Saturday destination point. He said that offering free admission and making the Museum's programs accessible to everyone had been most beneficial; and that the Museum was only approximately $30,000.00 away from being able to offer free admission on an annual basis, and that goal should be realized within the next year. Vice -Mayor Trinkle emphasized the importance of collaboration and said art Programs provide direct and indirect economic benefits to a community. Mr. Mickenberg stated that the collaboration with the Roanoke City Schools was one of the components to the future success of the Museum, adding that partnerships with the Roanoke libraries, the Roanoke Opera and the Roanoke Symphony were also helping to include all of the arts and make the Museum the hub of interdisciplinary art activity. There being no further comments and /or questions by the Members of Council, Ordinance No. 39390 - 052112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) Vice -Mayor Trinkle offered the following budget ordinance: ( #39391- 052112) AN ORDINANCE to transfer funding from the General Fund Contingency account to the Taubman Art Museum account to provide education programming and services to Roanoke City Public Schools, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 366.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39391 - 052112. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) I 63 COMMENTS BY CITY MANAGER: The City Manager offered the following comments: Leadership College Graduation o Held on Thursday, May 17 at Hibachi Grill & Supreme Buffet in Town Square Shopping Center 0 24 graduates o Already have a waiting list for next spring May is Neighborhood Month o During the month of May, many neighborhood groups hosted events to celebrate their neighborhoods. Events very well attended. Thanks to the Roanoke Times for promoting these activities: • Gainsboro Block Party in the Sunday, May 6 Virginia Section • All events were included in weekly calendar of events • Printed a separate section every week titled, "Neighborhood Month Events." • Remaining activity scheduled for Monday, May 28: 5th Annual Miller Court Neighborhood Celebration & Picnic from 4:00 p.m. to 6:00 p.m. Downtown Events o Festival in the Park Memorial Day Weekend - Friday, May 25 through Monday, May 28 at Elmwood Park. Go to www.eventzone.org website for details. REPORTS OF COMMITTEES: SCHOOLS - BUDGET - GRANTS: The Roanoke City School Board submitted a written report requesting appropriation of funds for the Virginia Incentive Program for Speech- Language Pathologists; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: ( #39392- 052112) AN ORDINANCE to appropriate funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 367.) • Council Member Rosen moved the adoption of Budget Ordinance No. 39392- ^ 052112. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Lea was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND /OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Bestpitch called attention to Party in the Park, sponsored by BB &T would be held on Thursday nights starting May 24 and would continue through September 13; and that First and Third Fridays on Franklin Road had begun and would be held on the first and third Fridays of each month through September 21. Council Member Bestpitch pointed out that the sidewalks on the north side of Hershberger Road, N. W., were almost complete, and suggested that staff look into extending the sidewalks on the east side because of the narrow shoulders and other safety concerns that may prevent pedestrians from walking to retail facilities. In connection with the proposed change date for municipal elections, Council Member Bestpitch called attention to previous discussions about the possibility of realigning and reducing the number of precincts in the City. He reiterated his comments that a work group be established to talk through some of the issues and make a recommendation as to how the realignment and reduction of the precincts should be done, however, unfortunately it appeared that his suggestion had not generated a lot of enthusiasm. He stated that the Electoral Board had drafted a proposal regarding the realignment and reduction of the precincts, regrettably it appears to have stalled and that there was also a question raised as to whether Councilmanic elections should continue to be held in May or moved to November. He pointed out that if Councilmanic elections were moved from May to November, a decision would have to be made to determine if the elections should be even or odd years which would either be synchronized with the Presidential and Congressional elections or the Gubernatorial ^ and General Assembly elections. 65 Believing that the Council should not rush to any decision, he again suggested that the Council consider appointing a work group, consisting of a representative selected by the NAACP, the SCLC and the Mayor's Committee for Persons with Disabilities, the Roanoke City School Board, the Roanoke Neighborhood Advocates, the Electoral Board, and a member of City Council for a total of seven members. He added that the abovementioned groups should select their representatives by June 30, then take July, August and September to work on the issues, and thereafter, submit a recommendation to the Council at its first meeting in October unless the work group requests an extension. Council Member Price applauded Council Member Bestpitch's suggestion and thought the recommendation was a good way to address questions concerning changes to the precincts and Councilmanic elections. However, she respectfully requested that the suggestion not be put in the form of a motion until Council Member Lea could share his thoughts regarding the matter. Council Member Ferris was in agreement, but pointed out that a decision had been made to wait until after the May Councilmanic election to consider the Electoral Board's recommendation, which election had passed, adding that it was time to get input and make some progress. He further stated that the recommendation to form a citizen's group was a good idea; however, he thought the Council should receive input regarding any decision to move the May elections; and thought there should be representation from more than the seven suggested groups which would allow for a wider breadth of representation. Vice -Mayor Trinkle also agreed that the issue was worthy of discussion, as much public input as possible should be received. On the other hand, he was not certain that any task force was going to end up with 100 percent correct answers, and therefore he would prefer to have additional dialogue on the matter. In terms of precincts, he was of the opinion that the Council needed to make some decisions due to overlap with the suggestions. He then asked for clarification as to whether the Electoral Board was receiving public input and creating a plan for the precinct realignment, adding that he did not want the Council to assume the work of the Electoral Board since he had recently heard that the Electoral Board was preparing to come before the Council with updates and new timelines. Mayor Bowers noted that the Acting City Attorney was prepared to transmit a report to the Council, adding that the Electoral Board's earlier recommendation contained a deadline for expeditiously moving forward with the precinct changes. He went on to say that the proposed deadline would allow plenty of time for public input. The City Manager clarified that the precinct change recommendation was not a staff one, but City staff is willing to assist the Board with the data, the public process, visuals /graphics and facilitate the public input. AA Following extensive dialogue regarding the matter, Mayor Bowers stated that there seemed to be a consensus that the issue should be moved along with forums, meetings, public hearings or a task force; adding that the deadline for action would be the end of the year. He then asked Council Member Bestpitch if he would be agreeable to meeting with Council Member Lea to formulate a plan; whereupon, Council Member Bestpitch was agreeable to deferring the matter until the next meeting of Council. In closing, Mayor Bowers suggested that some of the Members of Council, with the assistance of the Acting City Attorney, draft a motion to formalize the decision, and asked that action on the matter be set for the June 4 Council meeting. In connection with the Lebanese Festival on June 1 — 3 at St. Elias, Council Member Ferris encouraged the public to attend, adding that there would be a nominal fee for food and beverages. Mayor Bowers declared Monday, May 28, 2012 as Memorial Day. Council Member Bestpitch announced that the Memorial Day Ceremony of the Veteran's Council would be held on Memorial Day at 10:00 a.m., at the War Memorial in Lee Plaza, with the Commandant of the Corps of Cadets from Virginia Tech as the featured speaker. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: TOURISM - COMMITTEES: Mayor Bowers advised that the City Clerk had informed him that W. Lee Wilhelm, II, had been reappointed instead of Barton Wilner as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, at its May 7 Council meeting. Council Member Ferris moved that Barton Wilner be reappointed as a City representative of the Roanoke Valley Convention and Visitors Bureau for a one -year term of office ending June 30, 2013. The motion was seconded by Council Member Rosen and adopted. At 2:49 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. At 5:00 p.m., the Council meeting reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Lea who was absent and Council Member Rosen who left prior to the reconvening for the certification of the closed meeting. 67 COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestpitch 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 Ferns and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers -5. NAYS: None -0. (Council Member Lea was absent and Council Member Rosen left prior to the reconvening of the Council meeting for the certification of the closed meeting.) At 5:01 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Vice -Mayor Trinkle presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Vice -Mayor David B. Trinkle-6. ABSENT: Mayor David A. Bowers -1. The Vice -Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 109, Loudon Avenue Christian Church. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT- SCHOOLS: The Vice -Mayor recognized the Westside Elementary School Debate Team; and Council Member Price presented Certificates of Recognition to the students. OR PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 806 Wasena Avenue, LLC (formerly Ice House, LLC), to permanently vacate a portion of Wasena Avenue, S. W., located between 8th Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue, S. W., and 8th Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4 and Friday, May 11, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation request, with no charge for the vacated right -of -way, due to documentation provided by the applicant that public improvements on 8th Street will exceed the combined value of the rights -of -way being vacated. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: ( #39393 - 052112) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights -of -way in the City of Roanoke, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 75, page 368.) Council Member Rosen moved the adoption of Ordinance No. 39393 - 052112. The motion was seconded by Council Member Bestpitch. C. Cooper Youell, IV, Attorney, appeared in support of the petitioner's request The Vice -Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. n n •• There being no questions and /or comments by the Council Members, Ordinance No. 39393- 052112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice -Mayor Trinkle -6. NAYS: None -0. (Mayor Bowers was absent.) TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 21, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to §58.1 -3651, Code of Virginia (1950), as amended, approving the request of Straight Street Roanoke Valley, Inc., for designation of its real property as exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 11. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization of Straight Street Roanoke Valley, Inc.'s exemption from real estate taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective July 1, 2012, if the organization agrees to pay a service charge, in an amount equal to 20 percent of the City of Roanoke's real estate tax levy, as well as to continue to pay the Downtown Service District charge, which would be applicable to the property, by the effective date. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: ( #39394- 052112) AN ORDINANCE exempting from real estate property taxation certain property of Straight Street Roanoke Valley, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 370.) Council Member Lea moved the adoption of Ordinance No. 39394 - 052112. The motion was seconded by Council Member Rosen. 70 Keith Farmer, Director, appeared in support of the request. ^� 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 Lea thanked Mr. Farmer for his years of work at Straight Street and service provided to the Roanoke community. There being no additional comments by the Council Members, Ordinance No. 39394 - 052112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice -Mayor Trinkle -6. NAYS: None -0. (Mayor Bowers was absent.) BONDS- BUDGET - CAPITAL IMPROVEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 21, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of not to exceed $14,000,000 for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, May 7 and Monday, May 14, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 71 The City Manager submitted a written communication advising that authorization is required by the Council to issue bonds up to $14 million for projects as referenced below: School Facility Maintenance and Improvements $ 2,000,000.00 • Bridge Renovation 1,100,000.00 • Library Master Plan 210,000.00 • Parks and Recreation Master Plan 500,000.00 • Civic Center Improvements 1,000,000.00 • Stormwater System Improvements 1,120,000.00 • Elmwood Park Improvements 4,425,000.00 • Curb, Gutter and Sidewalk Program 500,000.00 • Streetscapes 400,000.00 Digital Radio 2,110,000.00 Total $13,365,000.00 Mr. Morrill also reported that in order to provide sufficient Flexibility to support bond issuance in the event of a premium on the sale of bonds, authorization of issuance of up to $14 million is recommended by the City's financial advisor, Public Financial Management (PFM); and that Council previously appropriated funding, in the amount of $2,110,000.00 to support the digital radio project, and therefore, funding of $11,255,000.00 needed to be appropriated to the project accounts too. The City Manager recommended adoption of a resolution authorizing the issuance of bonds up to the $14 million for the projects as abovereferenced; and that the resolution include language declaring the City's intent to reimburse itself from the proceeds of said bonds; and appropriate, in advance of issuance Series 2013 bond funding, in the amount of $11,255,000.00 to project accounts in the capital projects fund, as established by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution ( #39395- 052112) A RESOLUTION authorizing the issuance of not to exceed fourteen million dollars ($14,000,000.00) Principal Amount of General Obligations of The City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such city, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such city (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other r General Obligation Public Improvement Bonds of the city; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; 72 authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal ^ amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. (For full text of resolution, see Resolution Book No. 75, page 372.) Council Member Rosen moved the adoption of Resolution No. 39395 - 052112. The motion was seconded by Council Member Price. The Vice -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 Rosen pointed out that the Capital Improvement Plan was a snapshot of maintaining what the City has, such as making existing roads and bridges safer and addressing core needs; and recommended improvements would help the City position itself for the future. There being no additional comments by the Council Members, Resolution No. 39395- 052112 was adopted by the following vote: ^ AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice -Mayor Trinkle -6. NAYS: None -0. (Mayor Bowers was absent.) Council Member Rosen offered the following budget ordinance: ( #39396 - 052112) AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Civic Center Building Upgrades, 91" Street over Norfolk Southern Railway - Bridge Rehabilitation, Franklin Road over Norfolk Southern Railway - Bridge Replacement, Main Library 1" Floor Improvements, Parks R Recreation Master Plan - Phase ll, Neighborhood Storm Drains, Elmwood Park Improvements, City -wide Curb /Gutter /Sidewalk FY13, Williamson Road /Elmwood Park Streetscapes, James Madison Middle School Improvements, Garden City Elementary Plumbing Improvements and Lighting Replacement — Phase I, amending and reordaining certain sections of the 2011 -2012 Civic Facilities, Capital Projects and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 387.) vs] Council Member Rosen moved the adoption of Budget Ordinance No. 39396- 052112. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice -Mayor Trinkle -6. NAYS: None -0. (Mayor Bowers was absent.) PUBLIC WORKS- EQUIPMENT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 21, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of a Request for Proposal (RFP) for a Turn Key On -Site Parts and Related Items Operation (Parts Operation) to be provided to various City departments through the City's Fleet Division, with such parts operation to be located in the City's Public Works Service Center located at 1802 Courtland Avenue, N. W.; and as part of any resultant contract from such RFP, the City will provide the selected contractor, anticipated to be Genuine Parts Company, with a Revocable License to use an area of approximately 1,946 square feet of the City's Public Works Service Center located on the ground floor in the south side of the facility next to the Fleet Division's administrative offices, which is currently designated as a parts area, to conduct the Parts Operation services, subject to the terms of the resultant contract and the Revocable License; and term of any resultant contract will be for approximately 13 months, with up to three one -year extensions at the option of the City, pursuant to provisions of Sections 15.2 - 1800(8) and 1813, Code of Virginia (1950, as amended, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 11. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization, after completion of negotiations, to execute a contract with the selected offeror to provide a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the Public Works Service Center, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) 74 Council Member Bestpitch offered the following ordinance: ( #39397 - 052112) AN ORDINANCE authorizing the proper City officials to execute a contract for the provision of a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the City's Public Works Service Center (PWSC), which will include a license for such contractor to use a section of the PWSC for such Operation; authorizing the City Manager to implement, administer, and enforce such contract; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 389.) Council Member Bestpitch moved the adoption of Ordinance No. 39397- 052112. The motion was seconded by Council Member Lea. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. The City Manager advised that the City had entered into a prior contract back in 2007 after determining that productivity of the vehicle maintenance technicians could be increased by having the necessary parts, supplies and training on -site. There being no questions and /or comments by the Council Members, Ordinance No. 39397 - 052112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice -Mayor Trinkle -6. NAYS: None -0. (Mayor Bowers was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, Vice -Mayor Trinkle declared the Council meeting adjourned at 7:36 p.m. APPROVED ATTEST: �jj� Jonathan E. Craft v Deputy City Clerk ^ 9David A. Bowers Mayor ^ M1 ROANOKE CITY COUNCIL - REGULAR SESSION June 4, 2012 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, June 4, 2012, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2 -15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 39150- 070511 adopted by the Council on Tuesday, July 5, 2011 and Resolution No. 39291- 010312 adopted by the Council on Tuesday, January 3, 2012. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea (arrived late), David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers -5. ABSENT: Council Members Anita J. Price, and Court G. Rosen -2. The Mayor declared the existence of a quorum. Mayor Bowers advised that Council Member Price would not be in attendance at the 9:00 a.m., session; however she would be in attendance at the 2:00 p.m. session of Council. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R.' Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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.) 76 Council Member Bestpitch moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Vice - Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferns, Trinkle, Bestpitch, and Mayor Bowers -4. NAYS: None -0. (Council Member Lea was not present when the vote was recorded.) (Council Members Price and Rosen were absent.) COUNCIL: A communication from Council Member Price, Chairman, Roanoke City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss the annual performances of certain 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.) Vice -Mayor Trinkle moved that Council concur in the request of Council Member Price to convene in Closed Meeting as above described. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Trinkle, Bestpitch, and Mayor Bowers -4. NAYS: None -0. (Council Member Lea was not present when the vote was recorded.) (Council Members Price and Rosen were absent.) COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property consisting one parcel in the Coyner Springs area of Botetourt County, 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.) rrA Council Member Ferris moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Trinkle, Bestpitch, and Mayor Bowers -4. NAYS: None -0. (Council Member Lea was not present when the vote was recorded.) (Council Members Price and Rosen were absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION /CLARIFICATION AND ADDITIONS /DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: Mayor Bowers advised that the matter with regard to the changing of Council elections from May to November would be discussed at the end of the 2:00 p.m., session, since Council Member Lea would be late arriving to the meeting. BRIEFINGS: Regional Broadband Presentation Andrew Cohill, Architect, Design 9, highlighted the following information on the region's broadband services. Mr. Cohill explained that broadband was another form of infrastructure delivered in the Roanoke region typically by copper cabling through the telephone or the cable company. He pointed out that there was a small amount of fiber cable in Roanoke, but broadband was not a particular service the City offered: Broadband for the 21st Century — Getting the Roanoke Region Connected • In 1720, it was the Roanoke waterways that were the connectors, connecting eastern Virginia with western Virginia... • In 1880, the railroad connected Roanoke with the rest of the eastern USA... The Star City has always been a connector and connected. In 1930, Roanoke's Woodrum Field connected Roanoke with the whole country... In 1970, Interstate 81 connected Roanoke to the national economy... And today, how is Roanoke going to join the connected world? How does Roanoke remain a connector? It would take over five years to watch the video that will cross global IF networks every second in 2015. • Every second, 1 million minutes of video content will cross the network in 2015. Cisco System Visual Networking Index 2011 _ • "If you turned off the internet, virtually every single product on the 2012 4 International Consumer Electronic Show would be worthless." • "We need ubiquitous broadband." FCC Chair Jules Genachowski Staggering growth still to come • Annual global IP traffic will reach the zettabyte threshold by the end of 2015. • Global IP traffic has increased 8x over the past years, and will increase 4x over the next 5 years. • A growing amount of Internet traffic is originating with non -PC devices. • In 2010, only 3 percent of Internet traffic originated with non - PC devices, but by 201 5 the non -PC share of Internet traffic will grow to 15 percent. • Ws, should be TVs, tablets, smartphones, and machine -to- machine (M2M) modules will have growth rates of 101 percent, 21 6 percent, 1 44 percent, and 258 percent, respectively. Staggering growth • Internet video is now 40 percent of consumer Internet traffic, and will .,. reach 62 percent by the end of 2015 • Globally, mobile data traffic will increase 26 times between 2010 and 2015. • Business IP traffic will grow at a CAGR of 24 percent from 2010 to 2015. o Increased adoption of advanced video communications in the enterprise segment will cause business IP traffic to grow by a factor of 2.7 between 2010 and 2015. • Business video conferencing will grow sixfold over the forecast period. o Business videoconferencing traffic is growing significantly faster than overall business IP traffic 79 O Key Trends - -Big Data We are witnessing the emergence of Big Data. • Streams of information in unimaginable proportions • It is estimated that there will be 44 times as much data and content coming over the next decade... reaching 35 zettabytes in 2020. (Remember, a zettabyte is a one followed by 21 zeros.) • Companies must develop a "data culture," in which executives, employees and strategic partners are active participants in managing a meaningful data lifecycle. • Tomorrow's successful organizations will be equipped to harness new sources of information and take responsibility over accurate data creation and maintenance. Why is "Big Broadband" Important? Business start-ups o As Netscape founder Marc Andreessen has noted, increased bandwidth dramatically enhances the increasing power of software, which lowers the cost to start and run businesses and vastly expands the market for online services. :1 IA o As the quality of network - connected apps, services and .. devices goes up, they generate increasing demand, which drives increased investment in networks- creating a virtuous cycle with a growing broadband economy and ongoing job creation. Education and Quality of Life o We need universal broadband adoption, so that every American is taking advantage of our 21st century communications platform - for finding and landing jobs, for connecting to education in and out of the classroom, for obtaining health care information, diagnosis and even treatment. About Fiber Networks • Backhaul • Fiber routes in and out of the region • Roanoke has excellent backhaul routes • Core Network • Several duplicated private networks • Needed: A physically and logically redundant open access fiber ring -� • Roanoke has no shared core network (which keeps costs high) • Distribution o Fiber running down streets and roads from the core network o Roanoke has very limited amounts of privately owned distribution fiber • Access • Fiber from the street to the building • Roanoke has essentially no access fiber Wireless vs. Fiber • Wireless is essential for mobility access to the network. • Smart phones and tablets are changing the way we work and interact when away from the home or office. • Many businesses are now entirely dependent upon wireless for efficient delivery of goods and services. • Almost any item delivered in a truck, from bread to Fedex packages, requires a wireless network. • Fiber is needed to for fixed point access to the network from homes, businesses, schools, and institutions. o Video in all its forms is putting relentless pressure on _ existing copper -based legacy networks, which were never designed to support multiple HD video streams to a single home or business. o Fiber is needed to cell towers and other wireless antennas and towers to improve the performance of wireless networks. Key Short Term Recommendations • Continue moving forward with the Exploratory Committee • Select an ownership and governance model • Local government commitment is essential • Explore public /private partnership options first Regional fiber overlay plan and open ditch policy Coordinate with public safety spending Key Long Term Recommendations • Invite and encourage existing providers to participate • Make sure broadband investments are aligned with economic development goals • Use the new infrastructure to reduce the cost of government • Reduce costs for large and small businesses Don't wait Be Bold • Chattanooga got a $111 million U.S. Dept. of Energy grant by combining broad band with energy management. • Chattanooga has also announced the "Gig Tank," which will award more than $300,000.00 in cash prizes and seed capital to 25 top technology start up ideas. • A major East Coast city is planning to attract 10,000 new families to city neighborhoods, using fiber to the home as one of the incentives. Council Member Ferns asked where Roanoke fell on the scale; whereupon, Mr. Cohill indicated that Roanoke was at T1 and cable modem on the scale. Mayor Bowers inquired if the acquiring of new business in the City of Danville was partially due to their broadband services; whereupon, Mr. Cohill explained that one of the things that attracted business to Danville was the broadband capacity and price; and in Roanoke, if a large firm needed big broadband they could get it, but it would be relatively expensive compared to other places. Council Member Bestpitch inquired as to how smaller communities were progressing past Roanoke. The Acting City Attorney indicated that Danville aggressively purchased fiber when it was cheap and stored it and worked tirelessly to construct the infrastructure. LOOPA Mr. Cohill added that smaller communities invested in fiber in the early 1990's when the economic was stressed and broadbands were becoming popular. At this point, he continued with the presentation. J In closing, Mr. Cohill recommended that the City not wait, but considering moving forward as expeditiously as possible. (See presentation on file in the City Clerk's Office.) Discussion: Vice -Mayor Trinkle inquired about how slow the internet was in the early evenings because of movie downloads, etc.; whereupon, Mr. Cohill advised that more people use the internet for entertainment purposes, such as, movies, cable TV or phone service which drives the bandwidth needs and unfortunately it may get worse as more services are offered. Mr. Cohill continued stating that the City of Salem was aggressively pushing for the study to be conducted because of their struggle to get upgraded internet and cable TV. He pointed out that having multiple independent privately owned networks was very expensive and raised the costs of doing business. He added that local governments would create a business model that all of the providers, including the incumbents, Time Warner, Cox, Verizon would be invited to join because independently it was too costly to build fiber, but under the new business model they could offer lower rates to new and existing customers. Vice -Mayor Trinkle asked if there were legal obstacles in connection with the venture; whereupon, Mr. Cohill replied that there were no legal obstacles, but access to the poles, moving cables and going underground would all have to be paid for. Dr. Trinkle also asked what would be the best option for Roanoke above or underground fiber and what the timeline would be. Mr. Cohill explained that 50 percent aerial and 50 percent underground would probably be best for the City and that if the localities and suggested that if the localities and business sector agree to move forward it could takes six to nine months to make a decision, localities would need to create a public/private partnership or regional authority to establish ownership and identify funding which could take another six months, but building could begin in less than a year and customers could be hooked up as early as summer of 2013. Vice -Mayor Trinkle inquired if there was existing fiber in the Town of Blacksburg; whereupon, Mr. Cohill replied in the affirmative, adding that fiber also was in the Bonsack area in Botetourt County and along U. S. Route 220. At this point, Council Member Lea entered the meeting (9:41 a.m.) Council Member Ferris commented that the City needed to fast track because of rapid changes and increasing demands in technology, and he also indicated that the Mayor of the City of Salem was 100 percent on board. He noted that it was an ideal way to foster and to move forward with intergovernmental cooperation and it was clearly in the interest of not only the City of Roanoke, but also the City of Salem and Roanoke County. Mr. Cohill offered the following examples as problems current businesses encountered as a result of lack of bandwidth, stating that a business based in Roanoke wanted to video conference with their other facilities, but because of the great expense they cannot afford it and the local hospital in Galax, Virginia joined the community fiber network via Duke University in North Carolina, they received six times the bandwidth for half the cost. He added that typically business, telephone and internet costs declined by 40 to 60 percent once the community made the fiber investment. Council Member Ferris commented that the amount of bandwidth was sufficient, but extremely expensive for businesses. Mr. Cohill commented that in Utah 14 local governments came together to build fiber and had 17 TV, internet and telephone providers in the network and the competition drove down the cost. He provided the example of Google choosing Kansas City, Missouri to pay most of the costs to build fiber in the area and own the network. He added that as part of the public /private partnership the two localities promised to provide expedited permitting and not to slow down construction with red tape in exchange for access to the network. OO Council Member Ferris asked about the investment from the localities; whereupon, Mr. Cohill indicated it would be approximately $8 million initially and the total project close to $200 million, but the service providers would pay the localities to lease the service. Mayor Bowers inquired about the longevity of the fiber; whereupon, Mr. Cohill responded that the fiber would last approximately 30 to 40 years. In response to an inquiry from Mayor Bowers regarding funding of the project, the City Manager thanked the Economic Development Department for helping funding the study and advised that in terms of the long term, the city has a good needs assessment and plan for phase one of the project. He noted that it was difficult to move forward until the governance structure was decided also driving how some of the costs would be shared. He hoped the citizens better understood the need. He pointed out that the task force of local government and private sector continuing to work with the Regional Planning Commission and hopefully in approximately 34 months comes up with a governance model, phasing and funding options. Mayor Bowers thanked Mr. Cohill for an informative presentation. Understanding Cloud Computing Roy Mentkow, Director of Technology, and Kathy Cox, Assistant Director of Technology, briefed the Council on understanding cloud computing. The following presentation was shared with the Council: Introduction to DoT Tad,nologv Srrl —RO d- aty of %acoke Watx AWecrey Fhmional PcEal $yedmm. gvlc Cenlet (Llvice Ag -q log Polio �eten nre—k Va Lb Manager roaao a n Metropolitan Area NanaaM1 Manager u roan0. p ber. net c—t,r as a tar e .e login ee—» Iftmil Technology Landscape Wer200 application an l rare W9ems eaeQ a^� Core Technology Services Networking) lmrsstructure services enterprise Systems CIS Application systems Development Web Development Digital 6 Analog Radio Systems Management 8 Slpport Technology Governance Project Managers Business partners Contract Management What is 'Cloud Computing'? V' ^ V +pauatod ..__ P er- ... i• brubb- _com PUting _ What is 'Cloud Computing'? Recognitions... Center for Digital Government's Top 10 Digital Gty._. 1l consecutive years p1 2000.2001.2002,2003.2006.2008 1 °` p2 200] Y3 2000 N5 20.1 48 2010 2011 Chun (2010) erWOtltl Rem ler IDO IT &ecutives (2010) r Web awards & other depart in ant at awards What is 'Cloud Computing'? "Tile cloud" Is a metaphor for the Internet Access to apW'ca1oM, Met,,. and MM retrial resources from a third party service provider Like a "utility compel, cost based on a -pay -asyot use model. Different Flavors of 'The Cloud' ebi t um �mthe Id ttmicie11ateM<e rm wti . w iaM... ®. P" rat. epeaed sdely for ev dgarlauon by a se *pmhhe•. ® u ur ............e.rnr IeuC CCmpubn9 TIDs ,.., >.... ri LEit 'The Cloud' Approach Benefits hadmoed cants a.Gms¢ and mantenance costa rHeuced city a oor Stan o irl ead dedlraed to aonwa,e or ded—a upgraded The ne,rolrry to -scar, up or'scate down' eased on charging organleahona demands Accros to a wide vilely of application soWhorst fo,un.ety tools) ara laouny to a shared pool of resources Next Steps.... Risks Inherent in Cloud Computing Data Security (Rrblic Safety, HIFPA, Revenue, etc) r Reliance on Internet pipe bandwidth capacity Reliance on 3rd party partner... predicting and controlling future costs, upgrade schedules May increase operating expenses Software that supports the City's unique business practices Integration with application systems Always consider the ch url alternatives when planning system replacement Possibilities currently under consideration include retirement system, content management, disaster recovery, e-mail, =tender, end workflow. (See copy presentation on file in the City Clerk's Office.) Discussion: Council Member Ferris asked for clarification of the platform; whereupon, Mr. Mentkow explained that it was an interaction between the business application software and the hardware that was in the cloud. In response to an inquiry with regard to SAS and IAS models, Mr. Mentkow advised that the city was fortunate in terms of having a fiber ring that was completely redundant, if there was a break in the ring; DOT would repair it and would be no impact to the customer base. s.. Mr. Mentkow explained the benefits of the cloud including reduction in capital y expense in maintenance costs and access to a variety of applications. He further explained the risks of cloud computing including data security, assurance of the location of the data, authorized access to data and exiting the cloud. Council Member Ferris asked about cost protection on the cloud and exiting the cloud; whereupon, Mr. Mentkow advised that a long term contract including fixed capacity costs and negotiations for an exit strategy were important. Following in -depth dialogue with regard to the safety of cloud computing, Council Member Ferris thanked Mr. Mentkow for the recognition he has brought the City. Vice -Mayor Trinkle thanked the Department of Technology for their efforts to keep the City's data secure. HUD Target Areas Hurt Park Wrap -Up West End Transition Keith Holland, Budget Team Leader, gave the following presentation on the Department of Housing and Urban Development target areas for the City: Goal 1: Residential Development PRO, F- w..�w Goal 1: Residential Development cap I,I Orx rr9rrary rapair lrrlons yu Goal 3. Infra structure crommad —to 11allomrra 91111pa1. mrIlnty PCrrlly arms m r11 9.1 a ad s tlowarx Inlrrslmcl m om "a,. n $al c o µ corn wrlb r Hutl Por pub GO stir, tlrvrlopmpnl a Indoor curb gaper and arl alk Repava mrnraoo strut, aaor,:r,.,: All "1 .,,11,.11 "art 10Im iM1 H ar halo —rio-ro.cal rrt ioarvc ii mL�,i(. im.rl l !1 r r'IC'✓vr /u Goal I Residential Development - Corstract or I flat. I( [ letal a19 b g unds for to Au, I. C d! fortarb., e_ t arrl rryamtl9 .m civ -a f3 sop dro Lb t tp gam Noma airport} —r, of ro mtom ardo eroa. cr owrprs of -v--; l.s., xcremisantl Y eolioes _�16UJ3 }IemJry— , I 11 nrN, I rt re r✓ Goal 2: Economic Development v ,I 11 n 1 .M IF.d _yM1ris lso ZOno pw arl�a��, , 1e� rul Irl,I ioldr.,rod R ntl M1 r k Ploymenl kll I vfY Goal 4: Public Safety Cs'obllslo c ciyM1brr of o1al bno 90 o antic mplr.lclo- ing ol. re ghl otl yrarp L �(R rw1 nrAau. Hr.rinre l..xu_r nszipn an oBlcrr a Ile ralgM1br mood to pmviac morroly cGmc nclinly rryorix to Iba Ar,, IC.'ar, Irr aril f o,I 'raid, cJ mlarrm aJ b I al rpoltl lormoo, of 1 1 rrryl.3 ran coaaotl dodo oom¢cmam swvvPy Io iean Wy aid tiro —alo . f aotl rcaolva isms C .ILUe�: CWo cni[ rV „ , Il ol[rtl 't, ry Goal 4. Public Safety Nearry 180 at.. is. 75 Citarimrs, and over1.250 calls to servme answered during perind Pmt t Comes 1MUCed 20901 drug offenses down 25% snme 2010 Over 1.000 additional patrol boll¢ by police officers on bicycle and foot, with community contact and impact Ding Market Ingrate., introduced to Identify first firm drag offenders ,,ad offer a second chance in rehebilin.in Ovemll arrests for dnrg vlrlabons antl trafficking reduced since progrmn was initiated Goal 7. Neighborhood Idonlity & h1arketinfl Create and maintain a Hurt Park Neighborhood Web page feature a series of episodes on RVTV antl create a mrkelmg strategy for the Hurt Park neighborhood to ..elude logo, tag line antl brochure is NA I I e.l I Im_x. uue�lle Gnat 8 Neighborhood History Plan and 'mplm ent in omllptotographic history project to preserve the history of the community LIrrIll II I I 1( "", n uclrJ uJdlo sv III, III,, I le Nr flIIIIIIII01 'I US.tOd 'f I' 11r.lrIt I L. orvvade".Ilnl w,ld IinanoFU cry Pubin: I due, ¢m, rod,aCb11, If w the t rar'ii Huom Additional Activilics Roanoke Community Gertlen Association has establis bed! the Hun Park Community Garden. 19 families bave horn raising food Solid Waste D v s on "a' al,talled 5 Ru Belly 5.1.1 Trash Compactors at entrance, locations -n the neighborhood F modern First Credit Union plan 1' 1g a branch in old Villa Sorrento building for 2013 Crr Iron Clnac seek rg grant for 2012 131. develop garden at Hurt Park Elementary for eduw[on and nutrition for children and families Goal 5: Neighborhood Appearance Advertise amt bold an annual dcamm event in emmu ction with neighb.rh..d groups and Youth Commission to Coll eq bash in the public rights of way Cr, If ,,o;, ",1.. hdr IF I'Von.i.m III ,..goal b.i_.v.. Goal 6: Healthy Residents Develop. administer and evaluate pre and post physlwl activity surveys, Including pedometer mu lgs, field and family activities and nrdritlonal and pmenlal educational events nn,>,dym, III 111 Goal 9- Human Development Conduct a emolooloPpy a rss event focusing on 5 key a of he'll[, living �1) Youth Development. 2) Senior Awareness. 3) Recreation and Leisure: 4) Drug All Pan,,, nit 5) Nrtitnn Ethancem. of Provide 5re9ular bp cr_ ID the China b ood"Comiled µoil in mi IY hh:mcy and Inter Provide basic cat on and rimed sery ces to your[) eels W, I vl 'a (rl 1 od@v:pn.e.0 s. .tiny Jcpce Hurt Park Partners ay N N N 11 11 1111, 11 1 '.' bran.. nn... ku clue •LL l I -1 ia,a .I If vd Ibv +'.Y ,alIexln b . a ncq, III I VAI, .II VD, I rg F l rill, unenll 111r14W 1n1, e w. nutn,n ill' I.pII q�, r„ n�ntoema I'aks aii, ti. ual of West End Target Area • }fir_.; � J - Residential Development Goals Goals were developed from inputs from city staff, planners, stakeholders, neighborhood associations, Goal 1: Increase Homeownership at all income levels Goal 2: Improve existing owner occupied housing Goal 3: Improve rental housing West End Target Area Why chosen. Strong neighborhood groups . old S-uthsesl . Mo, tlam View Best potenfial for benefit NP P /pLOI p tih frOnl....t Prox r rlY le dowr town . Phys cal connection to Hurt P,trk project West End Target Area West End Target Area ag Ilyl' (,,' k talto 1 11 11 OU 1H11 n 1 U . aloomenl nllr w .1 - mzs u�w.. r 4 Lc1m I J t z�� a nl1M1�1 .1ht r 1 1 cr r, the �Ik, t l t l 111n, 111i ;abhe vrtt A , er I'll ll t _ibie M1y log per pi ..l b ages West End Characteristics N .. �... Economic Development Goals Goal 1: Revitalize the 13 "' Street Village Center Goal 2: Attract new businesses Goal 3: Improve existing businesses Economic Development Objectives Conduct special outrench efforts to busmesses in the West End to increase awareness of available Enterprise Zone incentives such as job. f94ade improvement, and rehabilitation grants Adaptive reuse of former Health Department Building o t 81 Sweet (Public input session schoduled for June 7) Infrastructure Objectives Coordinate with neighborhood groups to identity priority need. of curb, gutter and sidewalk Repair or install curb, gutter and sdewniks as needed plant 30 bens In the We,t Find large, Anna Make neighborhoods friendly to pMestrians and bicyclists and connect to parks and greenways Residential Development Objectives Cnn,pinte a tot", 0115 s Wnlantml 0411ald".1111 protects of own, a..d tenant .11 ".ed hm.Ymg cods Compiem a chi of 50llmrod rnhabinlaimn protects hauding amergn n c rep aiis of owner occup Ied o Ing units Constnmt or rehabiblarmn a total or 20 hi for sale to gn:dllicd colcbUyc" Promote Cry. Stare and Federal t— oredlts and Incentive, to pri.,ro,o volOcif Infrastructure Goals Goal 1: Install new curb, gutter and sidewalk where needed Goal 2: Repair existing curb, gutter and sidewalk where needed Goal 3: Install streetscape improvements on the 1200 block of Patterson Avenue Public Safety Goals Goal 1: Reduce the number of offenses in the target area Goal 2: Improve the perception and sense of safely in the target area Goal 3: Maintain strategic and effective communication between Police and stakeholders M (See presentation on file in the City Clerk's Office.) Discussion: The Mayor advised that the Hurt Park neighborhood was named for Wellford Hurt, the first African American soldier killed in World War II. He continued stating that the City purchased the land in 1945 for a park and built the school in 1949. He further stated that the neighborhood now was diverse and comprised of Bosnians, Hondurans, etc. Council Member Bestpitch inquired as to what measures were in place to ensure development in the area would be appropriate for the neighborhood; whereupon, Brian Townsend, Assistant City Manager for Community Development advised that development would continue to be governed by the overlay indicated in the neighborhood plan. Vice -Mayor Trinkle asked how the village center concept for that area around Patterson Avenue and 13th Street was to be funded; whereupon, Mr. Holland replied that it could be funded by both HUD and General funds. r n r 93 The Vice -Mayor asked the City Manager for an update on the identified village centers in the city, where they were placed, their order in terms of streetscape improvements and how to connect them to other areas of the city. The Mayor commented that he has been critical of the village center concept, particularly when it dealt with some of the highway development projects. He also pointed out that the village center concept was needed in that area and hoped that in 10 to 15 years it would be like Grandin Road lined with shops and restaurants. Following additional dialogue with regard to funding and neighborhood connectivity, the Mayor acknowledged the community organizations in attendance and thanked Mr. Holland for an informative presentation. There being no additional questions and /or comments by the Council, the Mayor declared the meeting in recess at 11:58 a.m., for a Closed Meeting in the Council's Conference Room, 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., and would be reconvened at 2:00 p.m. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Rosen. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers -6. ABSENT: Council Member Court G. Rosen -1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Rayshon L. Cobbs, Pastor, Forest Park Baptist Church. The Mayor asked for a moment of silence in memory of the late Bob Slaughter, a war -time veteran. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. M PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT- SCHOOLS: The Mayor recognized Linda .. Tracy Nielson, Teacher of Virginia Heights Elementary School, as the 2012 Teacher of the Year and presented her with a city gift. ACTS OF ACKNOWLEDGMENT- FINANCE: The Mayor recognized Rene Satterwhite, Accounting Supervisor; and Dorothy Hoskins, Senior Accountant, from the Department of Finance award of Financial Reporting receiving the Government Finance Officers Certificates of Achievement in Financial Reporting. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. MISCELLANEOUS: Robert Gravely appeared before the Council and again spoke about past actions by the administration in connection with his dismissal from employment with 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, the item would be removed from the Consent Agenda and considered separately. ELECTIONS: A communication from Melvin E. Williams, Secretary, Roanoke City Electoral Board transmitting an Abstract of Votes cast in the Mayoral and City Council General Election held in the City of Roanoke on Tuesday, May 1, 2012, was before the Council. (See Abstract of Votes on file in the City Clerk's Office.) Council Member Ferris moved that the abstract of votes be received and filed. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) .. @7 OATHS OF OFFICE - ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION - ROANOKE FINANCE BOARD- PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION- ROANOKE ARTS COMMISSION — ROANOKE NEIGHBORHOOD ADVOCATES -AND ROANOKE CITY PENSION PLAN: Reports of qualification of the following individuals were before the Council: Christopher P. Morrill as the City representative and Braxton G. Edward Naff as the Citizen representative of the Roanoke Valley - Alleghany Regional Commission for three -year terms of office, each, ending June 30, 2015; Brian Redd as a member of the City of Roanoke Finance Board for a two - year term of office ending June 30, 2014; Reverend Dr. William Lee and Katina Casey Harrier as members of the Personnel and Employment Practices Commission for three -year terms of office, each, ending June 30, 2015; Lucy Lee, Margaret Hannapel and Greg Webster as members of the Roanoke Arts Commission for three -year terms of office, each, ending June 30, 2015; Braxton G. Edward Naff as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Ronald McCorkle ending June 30, 2013; and Melvin Sanders as the Fire /Police representative of the City of Roanoke Pension Plan, Board of Trustees, for a two -year term of office ending June 30. 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) r_vio G REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ANNUAL REPORT - TOURISM: Landon Howard, Executive Director, Roanoke Valley Conventional and Visitors Bureau, appeared before Council and presented its annual report. (See copy of Annual Report, along with a handout of additional information on file in the City Clerk's Office.) Mr. Howard spoke about tourism in the Roanoke Valley, emphasizing that the one of the main goals of the Roanoke Valley Convention and Visitors Bureau was to position the Roanoke Valley as a premier vacation destination along Virginia's Blue Ridge Parkway and to unite the multitude of offerings in the Roanoke Valley under the new brand name; and highlighted the following as a part of the presentation: • Publicity • Marketing • Social Media • Meetings and Conventions • Sports and Recreation • History and Heritage (Presentation on file in the City Clerk's Office.) Following remarks, the Mayor advised that the report, along with handouts would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET -HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition to maintain existing services for Temporary Assistance to Needy Families (TANF) benefits or Supplemental Social Security population, when appropriate. •. (For full text, see communication on file in the City Clerk's Office.) 97 Vice -Mayor Trinkle offered the following resolution: ( #39398 - 060412) A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 75, page 391.) Vice -Mayor Trinkle moved the adoption of Resolution No. 39398- 060412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) Vice -Mayor Trinkle offered the following budget ordinance: ( #39399- 060412) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 392.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39399 - 060412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) DONATION: The City Manager submitted a written communication recommending acceptance of donation from The Lamar Company, L.L.C., to support maintenance of the landscaping at the Interstate -581 Interchange and Orange Avenue, N. W.; and appropriation of funds. (For full text, see communication on file in the City Clerk's Office.) • Council Member Bestpitch offered the following resolution: ( #39400 - 060412) A RESOLUTION accepting a donation of funds from The Lamar Company, L.L.C., a /k/a Lamar Outdoor Advertising (Lamar), in the amount of $20,000.00 to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program; authorizing the City Manager to take any necessary actions in order to obtain, accept, and administer such donation, and to execute a landscaping maintenance agreement with the Commonwealth of Virginia, Department of Transportation ( "VDOT). (For full text of resolution, see Resolution Book No. 75, page 393.) Council Member Bestpitch moved the adoption of Resolution No. 39400 - 060412. The motion was seconded by Council Member Lea. Mayor Bowers thanked Lamar and commented that the interchange looked terrific, but the rest of the interstate was not up to maintenance standards particularly on holiday weekends when thousands of visitors were invited to Roanoke. There being no additional questions and /or comments by the Council, Resolution No. 39400- 060412 was adopted by the following vote: -� AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) Council Member Bestpitch offered the following budget ordinance: ( #39401 - 060412) AN ORDINANCE to appropriate funding from The Lamar Company L.L.C. to the VDOT Comprehensive Roadside project, amending and reordaining certain sections of the 2011 -2012 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 394.) .e Council Member Bestpitch moved the adoption of Budget Ordinance No. 39401- _ 060412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) TECHNOLOGY: The City Manager submitted a written communication recommending appropriation of funds in connection with the City's Department of Technology new high resolution aerial photography upgrade. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: ( #39402- 060412) AN ORDINANCE to appropriate funding from the Western Virginia Water Authority to the GIS Study project, amending and reordaining certain sections of the 2011 -2012 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 395.) Council Member Ferris moved the adoption of Budget Ordinance No. 39402- 060412. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) SOCIAL SERVICES VIRGINIA INSTITUTE - TRAINING PROGRAM: The City Manager submitted a written communication recommending appropriation of additional funds in connection with the Department of Social Services Virginia Institute for Social Services Training Activities (VISSTA) Program. I (For full text, see communication on file in the City Clerk's Office.) 1J Council Member Bestpitch offered the following budget ordinance: ( #39403 - 060412) AN ORDINANCE to appropriate funding from the ... Commonwealth of Virginia to the Department of Social Services for the operation of the Virginia Institute for Social Services Training Activities (VISSTA) program, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 396.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39403- 060412. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) POLICE DEPARTMENT: The City Manager submitted a written communication recommending appropriation of funds in connection with an adjustment in billing for off- duty security services provided by the Roanoke City Police Department. ... (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: ( #39404- 060412) AN ORDINANCE to increase Police Off -Duty Earnings expense and revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 397.) Council Member Lea moved the adoption of Budget Ordinance No. 39404- 060412. The motion was seconded by Vice -Mayor Trinkle. Council Member Ferris inquired if the matter was the result of the increased number of events that were paid for by outside organizations other than the City of Roanoke; whereupon, the City Manager replied in the affirmative and explained that it was a good program because the City could manage the police officers and distribute resources evenly to accommodate all requests. 101 Following additional comments by the Council Members, Budget Ordinance No. 39404- 060412 was adopted by the following vote: ` AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) BUDGET - SOCIAL SERVICES: The City Manager submitted a written communication recommending reduction and de- appropriation of funds in connection with the Department of Social Services Day Care Program and expenditures for independent living and adoption services. (For full text, see communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following budget ordinance: ( #39405- 060412) AN ORDINANCE to de- appropriate funding from the Commonwealth of Virginia to the Department of Social Services, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 397.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39405- 060412. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) BUDGET- ROANOKE ARTS COMMISSION: The City Manager submitted a written communication recommending approval of Roanoke Arts Commission allocation for funding to various non - profit agencies for Fiscal Year 2012 -2013; and transfer of funds. (For full text, see communication on file in the City Clerk's Office.) item Vice -Mayor Trinkle offered the following resolution: ( #39406 - 060412) A RESOLUTION concurring in and approving the recommendations of the Roanoke Arts Commission's ( "Arts Commission ") allocation of City funds to various nonprofit agencies for Fiscal Year 2012 -2013. (For full text of resolution, see Resolution Book No. 75, page 398.) Vice -Mayor Trinkle moved the adoption of Resolution No. 39406- 060412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) Vice -Mayor Trinkle offered the following budget ordinance: ( #39407 - 060412) AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2012 -2013 ^ General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 399.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39407 - 060412. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) BUDGET- ECONOMIC DEVELOPMENT -: The City Manager submitted a written communication recommending execution of a Performance Agreement between the City of Roanoke, City of Roanoke Economic Development Authority, and Ivy View, LLC, for the continued development of the Ivy Market Project. (For full text, see communication on file in the City Clerk's Office.) 103 Council Member Lea offered the following ordinance: ( #39408 - 060412) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Ivy View, LLC, (Ivy View) that provides for certain undertakings by the parties in connection with the continued development and retenanting of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 400.) Council Member Lea moved the adoption of Ordinance No. 39408 - 060412. The motion was seconded by Council Member Ferris. Council Member Ferris asked the Assistant City Manager for Community Development how it would affect the current performance agreement, if a current Roanoke city business relocated to the Ivy Market location. Mr. Townsend advised that if the store generated $500,000.00 in revenue to the City at its previous location, moved to the Ivy Market location and generated $600,000.00 in tax revenues to the City then only $100,000.00 would be applicable to the grant agreement as net new revenue. He further advised that a performance agreement was a measurement of performance with a burden or obligation of performance on the developer in order to provide certain improvements on the property within time frames identified in the agreement. He pointed out that in the case of the amendment to the Ivy View agreement; the obligation was to complete the stormwater improvements in phase two and complete phase two within 36 months investing at least $3 million into infrastructure. He continued stating that once that obligation was fulfilled, the City was obligated to grant back to the developer a percentage of revenue derived from taxes the City received based upon the performance of the business. Council Member Bestpitch inquired what happened in that event that a business operating multiple locations within the City moves into the former Ukrops building and chooses not to close any of its existing locations; whereupon, Mr. Townsend indicated that the agreement contemplated that scenario and for the first two years the City would monitor the preceding year sales at the other locations and if there was a decline in sales at the other locations, that decline would be deducted from the sales generated at the Ivy Market location. 104 There being no additional questions and /or comments by the Council, Ordinance .w No. 39408 - 060412 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) COMMENTS BY THE CITY MANAGER: The City Manager offered the following comments: All- America City finalist • The City of Roanoke's "Star City Reads' campaign has been chosen as a finalist for the 2012 All-America City Award, sponsored by the National Civic League. • "Star City Reads" is a plan to ensure that more Roanoke children are reading at grade level by the end of third grade. • The City's partners in submitting the entry are: • Roanoke City Public Schools, • United Way of Roanoke Valley, • Smart Beginnings of Greater Roanoke, • Total Action against Poverty, • Roanoke Public Libraries, • Blue Ridge Literacy, and • Dr. Craig Ramey, distinguished research scholar of the Virginia Tech Carilion Research Institute. • The City of Roanoke is one of 32 finalists selected through a peer review process from a field of more than 100 entries across the country selected. • Winners will be announced July 2 in Denver, Colo. • If selected, Roanoke would be the first six -time All-America City Award winner. • Relav for Life • Roanoke's Reserve Avenue Athletic Fields will be the site for this year's event. • Friday, June 15 -16, 7 p.m. to 7 a.m. • Miss Virginia Pageant • Roanoke Civic Center will host the event • June 28 -30 105 DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of April 2012. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the financial Report for the month of April 2012 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND /OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Dr. M. Rupert Cutler, former Council Member, distributed information to the Council announcing a Public Forum on Proposed Uranium Mining and Processing in Virginia from 8:30 a.m. - 3:30 p.m., on Friday, July 27 in the Whitman Theater, Business Science Building, Virginia Western Community College; sponsored by the Cabell Brand Center For Global Poverty and Resource Sustainability Studies, Salem, whereby he will be the Moderator. In connection with continued discussion regarding the changing of dates for Councilmanic elections and relocation of various voting precincts, the City Clerk was instructed to contact the City Registrar to request a status report to the Council on June 18 regarding the voting precinct recommendations; and the City Attorney and City Manager were instructed to seek a political science professor in the area who would be willing to serve as a facilitator in connection with discussion about changing the date of Councilmanic elections from May to November, and report back to the Council on June 18. OATHS OF OFFICE - ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to the expiration of the three -year term of office of Bob Caudle as a member of the Roanoke Neighborhood Advocates ending June 30, 2012; whereupon, he opened the floor for nominations. 106 Council Member Bestpitch placed in nomination the name of Asia Smith. There tieing no further nominations, Ms. Smith was appointed as a member of .. the Roanoke Neighborhood Advocates to replace Bob Caudle for a three -year term of office ending June 30, 2015, by the following vote: FOR MS. SMITH: Council Members Ferris, Lea Price, Trinkle, Bestpitch, and Mayor Bowers -6. OATHS OF OFFICE- PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to the expiration of the three -year term of office of Edward Bradley as a member of the Office of Personnel and Employment Practice Commission ending June 30, 2012; whereupon, he opened the floor for nominations. Vice -Mayor Trinkle placed in nomination the name of Gerardo (Jerry) Manuel Correa, Jr. There being no further nominations, Mr. Correa was appointed as a member of the Personnel and Employment Practices Commission to replace Edward Bradley for a three -year term of office ending June 30, 2015, by the following vote: FOR MR. CORREA: Council Members Ferris, Lea Price, Trinkle, Bestpitch, and Mayor Bowers -6. .... OATHS OF OFFICE- ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to the expiration of the three -year term of office of Wilburn C. Dibling as a member of the Roanoke Public Library Board ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Sharon Landsman Ramey. There being no further nominations, Ms. Ramey was appointed as a member of the Roanoke Public Library Board to replace Wilburn C. Dibling for a three year term of office ending June 30, 2015, by the following vote: FOR MS. RAMEY: Council Members Ferris, Lea Price, Trinkle, Bestpitch, and Mayor Bowers -6. At 4:20 p.m., the Council Meeting was declared in recess for continuation of Closed Meetings in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. ^ 107 At 5:17 p.m., the Council meeting reconvened, with Mayor Bowers presiding, with all Members of the Council in attendance with the exception of Council Member Rosen. COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestpitch 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 Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch, and Mayor Bowers -6. NAYS: None -0. (Council Member Rosen was absent.) There being no further business, Mayor Bowers declared the Council meeting adjourned at 5:18 p.m. APPROVED .- ATTEST: s aA 1 C� �'`'2/ /btryJ 6.bnN'� Stephanie M. Moon, MMC Devi . Bowers City Clerk Mayor 1' PERSONNEL COMMITTEE — ROANOKE CITY COUNCIL June 11, 2012 3:00 p.m. A special meeting of the City Council Personnel Committee was called to order on Thursday, June 11, 2012, at 3:00 p.m., in the Council's Conference Room, fourth Room 451, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman Anita J. Price presiding. PRESENT: Council Member William D. Bestpitch, Mayor David A. Bowers, Sherman P. Lea, Court G. Rosen, David B. Trinkle, and Chairman Anita J. Price -6. ABSENT: Council Member Raphael E. Ferris. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. Chairman Price declared the existence of a quorum. Chairman Price advised that the purpose of the meeting was to convene in Closed Meeting to discuss a personnel matter, being the selection of finalists to be considered for the City Attorney position, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. At 3:08 p.m., the meeting was declared in recess for a Closed Meeting. At 4:30 p.m., the meeting was reconvened in open session, Chairman Price presiding and all Members of the City Council Personnel Committee in attendance, with the exception of Council Member Ferris. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Rosen moved that each Member of the Personnel Committee 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 Personnel Committee. The motion was seconded by Vice - Chairman Cutler and adopted by the following vote: AYES: Committee Members Bestpitch, Mayor Bowers, Lea, Rosen, Trinkle and Chairman Price -6. NAYS: None -0. I 109 Chairman Price noted that the Personnel Committee will conduct one on one interviews with the candidates at the Ramada Inn located at 1927 Franklin Road, S. W., Roanoke, Virginia, on June 24 from 1:00 p.m. — 5:00 p.m., and Monday, June 25 from 8:00 a.m. — 11:30 a.m.; and thereafter, the Committee was scheduled to meet in a Closed Meeting at 1:00 p.m., in the Council's Conference Room to discuss the selection of a City Attorney. There being no further business, Chairman Price declared the meeting adjourned at 4:32 p.m. ATTEST: Stephanie M. Moon, CMC City Clerk APPROVED Anita . Price Chairman 110 ROANOKE CITY COUNCIL — REGULAR SESSION -� June 18, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, June 18, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2 -15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39150- 070511 adopted by the Council on Tuesday, July 5, 2011 and Resolution No. 39291 - 010312 adopted by the Council on Tuesday, January 3, 2012. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris (arrived late), Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers -6. ABSENT: None. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Andrea Trent, Assistant Director of Finance; and Stephanie Moon, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. MISCELLANEOUS -CITY EMPLOYEE: Robert Gravely appeared before the Council and again spoke about past actions by the administration in connection with his dismissal from employment with the City. 111 CONSENTAGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. CITY COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss committee assignments for Fiscal Year 2012 -2013, 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 Bestpitch moved that Council concur in the request of the Mayor as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly -owned property being the old YMCA located at 425 Church Avenue, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) 112 CITY PROPERTY: A communication from the City Manager requesting that ..r Council convene in a Closed Meeting to discuss the disposition of publicly -owned property, specifically the former Huff Lane Elementary School located at 4412 Huff Lane, 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 Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly -owned property being Tax Map Nos. 7230108 and 7230104 located on Blue Hills Drive, N. E., in the Roanoke Centre for Industry and Technology (RCIT), where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) 113 ECONOMIC DEVELOPMENT: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the possible award of a public contract involving the expenditure of public funds, and the terms or scope of such contract, 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)(29), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) PERSONNEL: A communication from the City Clerk advising of the resignation of Letitia A. Smith as a member of the Personnel and Employment Practices Commission, effective immediately, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) 114 OATHS OF OFFICE- ROANOKE VALLEY JUVENILE DETENTION CENTER r COMM ISSION-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU: Reports of qualification of Sherman M. Stovall as the Alternate City representative of the Roanoke Valley Juvenile Detention Center Commission for a four -year term of office ending June 30, 2016; and Gary Walton as a City representative of the Roanoke Valley Convention and Visitors Bureau Board of Directors for a one -year term of office ending June 30, 2013, was 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 Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ELECTORAL BOARD: Melvin E. Williams, Secretary, Roanoke City Electoral Board, briefed the Council regarding relocation of certain voting precincts. He advised that the previous proposal recommended that the voting precincts be reduced from 32 to 19, which would be a 25 percent decrease in costs. He pointed out that the Board was awaiting direction from the Council as to how the Board should proceed with regard to citizen input, adding that the Office of the Electoral Board was not equipped to handle public meetings, but it was willing to assist City staff. In terms of public hearings, Council Member Rosen stated that the Board should take the lead, with assistance from the City staff. Vice -Mayor Trinkle concurred in the comments shared by Council Member Rosen. I The City Manager suggested having several drop -in sessions around the City providing an overview where members of the Electoral Board could answer questions about the changes to the specific precincts and the Planning Department could assist. ^� istei Mayor Bowers interjected that the City Attorney's Office also assist in order to ensure that the sessions are scheduled and conducted in accordance with the law. Council Member Bestpitch hoped a decision could be made prior to the end of the year, and requested that the local chapters of the NAACP, SCLC, Roanoke City School Board, Mayor's Committee for People with Disabilities, and Roanoke Neighborhood Advocates be notified of the meetings. Council Member Price requested that area churches, all civic groups, political parties and news media be notified as well. Mayor Bowers suggested that the Council hold a public hearing near the end of the process and asked if the process would be a 90 or 120 day turnaround; whereupon, Mr. Williams advised that the deadline for the precinct changes was December 31, adding that perhaps the Council could hold a public hearing during one of its meetings in October. Having expressed his concerns about the one -third decrease in precincts as proposed by the Electoral Board and the possible effects on the citizens, Mayor Bowers indicated that the report from the Electoral Board would be received and filed, without objection by the Council. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET - GRANTS - HEALTH DEPARTMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Health in connection with a supervised Summer Nutrition Program through the City's Parks and Recreation Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: ( #39409 - 061812) A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 402.) 116 Council Member Rosen moved the adoption of Resolution No. 39409 - 061812. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) Council Member Rosen offered the following budget ordinance: ( #39410 - 061812) AN ORDINANCE to appropriate funding from the Federal government, through the Virginia Department of Health, for the Summer Food Program, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 402.) Council Member Rosen moved the adoption of Budget Ordinance No. 39410- 061812. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) BUDGET - GRANTS - EMERGENCY MANAGEMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the FY2011 State Homeland Security Program Grant from Virginia Department of Emergency Management for HAZMAT Team equipment and training by the Fire /EMS Department. (For full text, see communication on file in the City Clerk's Office.) 117 Council Member Lea offered the following resolution: ( #39411 - 061812) A RESOLUTION accepting the FY 2011 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 403.) Council Member Lea moved the adoption of Resolution No. 39411 - 061812. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) Council Member Lea offered the following budget ordinance: ( #39412- 061812) AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of Heavy Tactical Rescue Team equipment, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 404.) Council Member Lea moved the adoption of Budget Ordinance No. 39412- 061812. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) :, BUDGET - GRANTS- HOUSING AND URBAN DEVELOPMENT: The City .. Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the renewal of the Homeless Assistance Team Grant from the Department of Housing and Urban Development. (For full text, see communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following resolution: ( #39413 - 061812) A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 405.) Vice -Mayor Trinkle moved the adoption of Resolution No. 39413 - 061812. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. I NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) Vice -Mayor Trinkle offered the following budget ordinance: ( #39414- 061812) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 405.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39414 - 061812. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. I (Council Member Ferris was not present when the vote was recorded.) 119 BUDGET -PARKS AND RECREATION: The City Manager submitted a written communication recommending appropriation of funds for additional recreation programs facilitated by the Department of Parks and Recreation. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following budget ordinance: ( #39415- 061812) AN ORDINANCE to increase Parks and Recreation Programs expense and revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 407.) Council Member Price moved the adoption of Budget Ordinance No. 39415- 061812. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) BUDGET - SCHOOLS- TAXES: The City Manager submitted a written communication recommending appropriation of funds in connection with the Fiscal Year 2012 Real Estate Tax revenue and the Roanoke City Public Schools expense adjustment. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: ( #39416- 061812) AN ORDINANCE to increase the Roanoke City Public Schools transfer expense and Real Estate Tax revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 408.) 120 Council Member Lea moved the adoption of Budget Ordinance No. 39416- ^ 061812. The motion was seconded by Council Member Rosen. Council Member Rosen commented that the initial revenue estimates submitted to the schools were revised, and pointed out that the City would provide the schools with an additional $571,000.00 this year which continues to reflect the City's commitment to education. There being no additional questions and /or comments by the Council Members, Budget Ordinance No. 39416 - 061812 was adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) SCHOOLS: The City Manager submitted a written communication recommending execution of a Joint Use Agreement between the City of Roanoke and the Roanoke City School Board to assist in planning, development and use of facilities that maximizes the benefits to the citizens of Roanoke. ^ (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: ( #39417 - 061812) AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and the School Board of the City of Roanoke in order to enhance the cultural, recreational, athletic and educational opportunities offered to the citizens of the City of Roanoke, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 408.) Council Member Bestpitch moved the adoption of Ordinance No. 39417 - 061812. The motion was seconded by Vice -Mayor Trinkle. Council Member Bestpitch indicated that the agreement had been in effect since 1957, with periodic updates and the current agreement was for 10 years. He asked if there were any significant changes to the new agreement; whereupon, the City Manager replied that there were no significant changes to the agreement. 121 There being no additional questions and/or comments by the Council Members, Ordinance No. 39417- 061812 was adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) TOURISM: The City Manager submitted a written communication recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for marketing the Roanoke Valley as a regional destination for convention and tourism. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: ( #39418- 061812) A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. (For full text of resolution, see Resolution Book No. 75, page 409.) Council Member Bestpitch moved the adoption of Resolution No. 39418 - 061812. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) BUDGET -HUMAN SERVICES ADVISORY BOARD: The City Manager submitted a written communication recommending transfer of funds in connection with recommendations of the Human Services Advisory Board for funding to qualified agencies for Fiscal Year 2012 -2013. (For full text, see communication on file in the City Clerk's Office.) 122 Council Member Rosen offered the following resolution: ( #39419- 061812) A RESOLUTION concurring in the recommendations of the y Human Services Advisory Board ('Board ") for allocation of City funds to various qualified agencies to assist such agencies in the performance of their programs for Fiscal Year 2012 -2013, and authorizing the City Manager or his designee to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all the programs by such agencies. (For full text of resolution, see Resolution Book No. 75, page 410.) Council Member Rosen moved the adoption of Resolution No. 39419 - 061812. The motion was seconded by Council Member Lea and Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) Council Member Rosen offered the following budget ordinance: ( #39420 - 061812) 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 Shelter Grant Program (ESG), amending and reordaining certain sections of the 2012- 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 411.) Council Member Rosen moved the adoption of Budget Ordinance No. 39420- 061812. The motion was seconded by Council Member Lea and Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) I 123 COMMENTS BY CITY MANAGER: The City Manager offered the following comments: City Summer Camps • This week starts 10 weeks of various camps the City provides. Anyone interested can get online and see the list of camps from ranging from sports to environmental education and outdoor recreation. Offered by our Parks and Recreation department. Summer Food Program • We have 7 enrolled sites and 6 open sites that will serve children breakfast and lunch this summer June 18 through August 10; approximately 45,000 meals during this period. It's important to kids because their parents may be out working and food is an issue they can come to these sites and be provided a good balanced meal. Library Reading Programs • The theme is Dream Big, Read and the program will be offered at all library branches. It will provide summer reading to children and also free literacy based programs for youth of all ages. Anybody interested can call the youth services office at 853 -2955 to find out when those programs are happening. • The other part of the Dream Big, Read Program is offered by the Roanoke City Schools and is the second year for the 6 week reading summer camp offered at Fairview Elementary School. 335 children have signed up for it and students are provided transportation, instruction and lunches each day during the camp. All- America City Award • The City of Roanoke is one of the finalists for the All America Cities Award, based on communities that have put together programs to address third grade reading levels; and through a collaborative partnership of many, including the schools, United Way, Smart Beginnings, TAP and the City's libraries. On Monday, July 2 the winners will be announced and if the city wins, we would be the only city in the country to have won 6 All America City Awards. REPORTS OF COMMITTEES: BUDGET - SCHOOLS: The Roanoke City School Board submitted a written report requesting a report of the Roanoke City School Board requesting appropriation of funds for the Striving Readers Supplemental Award Grant; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) 124 Vice -Mayor Trinkle offered the following budget ordinance: ( #39421 - 061812) AN ORDINANCE to appropriate funding from the Federal .. government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 416.) Vice -Mayor Trinkle moved the adoption of Budget Ordinance No. 39421 - 061812. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) SCHOOLS- VIRGINIA RETIREMENT SYSTEM: The Roanoke City School Board submitted a written report requesting approval of changes in retirement contributions in connection with the Virginia Retirement System; and the Director of ^ Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: ( #39422 - 061812) A RESOLUTION concurring in the recommendation of the School Board for the City of Roanoke for the employee contribution of the School Board's employees who participate in the Virginia Retirement System (VRS) of one percent (1 %) with an offsetting hold harmless salary increase and adoption of the Certified Rate of 7.49 %, to be implemented effective July 1, 2012. (For full text of resolution, see Resolution Book No. 75, page 417.) Council Member Rosen moved the adoption of Resolution No. 39422 - 061812. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Lea, Price, Rosen, Trinkle, and Mayor Bowers -6. NAYS: None -0. (Council Member Ferris was not present when the vote was recorded.) 125 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND /OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Lea inquired about the facilitator to oversee discussions regarding Councilmanic elections being held in November instead of May; whereupon, the Acting City Attorney advised that Harry Wilson, Director, Institute for Policy and Opinion Research at Roanoke College, had agreed to work with the City Administration and City Council. He added that a packet of information consisting of historical data and minutes of the meetings wherein the matter was previously discussed will be sent to Mr. Wilson's office, with copies to the Council as well. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 2:42 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., for a Closed Meeting in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal Building. At this point, Council Member Ferns entered the meeting (3:00 p.m.). At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding and all Members of the Council in attendance. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers -7. ABSENT: None -0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Andrea Trent, Assistant Director of Finance; and Stephanie M. Moon, City Clerk. 126 The Invocation was delivered by Mayor David A. Bowers. ^' The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: Council Members Bestpitch, Ferris, Lea, Price and Vice -Mayor Trinkle offered the following resolution recognizing the City Manager as the Incoming President of the Government Finance Officers Association for 2012 -2013: ( #39423 - 061812) A RESOLUTION of the Council for the City of Roanoke, to congratulate and honor City Manager Christopher P. Morrill for being selected to serve as President of the Government Finance Officers Association for 2012 -2013. (For full text of resolution, see Resolution Book No. 75, page 418.) Council Members Bestpitch, Ferris, Lea, Price and Vice -Mayor Trinkle moved the adoption of Resolution No. 39423 - 061812. The motion was seconded by Council Member Rosen. Mayor Bowers and the Council expressed its accolades to Mr. Morrill on his ^ appointment. There being no additional comments, Resolution No. 39423 - 061812 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. Mayor Bowers presented a ceremonial copy of Resolution No. 39423- 061812 to Mr. Morrill. ACTS OF ACKNOWLEDGMENT: The Mayor recognized Amelia Merchant, Director of Management and Budget, and the CBET Budget Team. He presented the team with Certificates of Appreciation. 127 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk and Secretary to the City Planning Commission having advertised a joint public hearing by the Council and the City Planning Commission for Monday, June 18, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Thomas Properties, LLC, to rezone 5025 and 5033 Valley View Boulevard, N. W., bearing Tax Map Nos. 2490116 and 2490117, from CG, Commercial - General District, to CLS, Commercial -Large Site District, with a condition, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 1 and Friday, June 8, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor announced that inasmuch as there was a lack of a quorum at the City Planning Commission meeting scheduled for Thursday, May 17, 2012, the public hearing to discuss the above referenced matter was not held. Therefore, a joint meeting of the Council and Planning Commission was arranged in order to prevent delay of the project. Mayor Bowers recognized the Chairman of the Planning Commission to call the Planning Commission meeting to order and to take such action as deemed appropriate. Lora J. Katz, Chairman, called the Planning Commission to order and declared a quorum present. She recognized Katharine Gray, City Planner, for staff comments. Ms. Gray reported that in March 2012, Thomas Properties LLC and Balzer & Associates, Inc., met with staff to discuss a proposed hotel to be constructed on two parcels on Valley View Boulevard, N. W., however, the proposed building exceeded the height limit of the current CG district. After discussion several site layouts, a site plan was provided outlining the main building fapade addressing the street and including the entrance and transparency, and a single module of parking located between the building and the street. It was further reported that in April 2012, the applicant filed an application to rezone parcels located on Valley View Boulevard, as well as an amended Application No. 1, addressing all staff comments. In closing, Ms. Gray remarked that the staff found the application consistent with the Zoning Ordinance and Vision 2001 -2020; and that the staff was recommending " approval of the application. (For full text, see copy of report on file in the City Clerk's Office.) 128 Charlie Byers, Project Manager, Thomas Properties, appeared on behalf on the •.. applicant. Mayor Bowers inquired if there were persons present wishing to speak on the rezoning request. There being none, he declared the public closed. Mayor Bowers called upon the Chair for action by the City Planning Commission; whereupon, the City Planning Commission approved the rezoning by a unanimous vote, and thereafter adjourned its meeting at 7:30 p.m. Council Member Rosen offered the following ordinance: ( #39424- 061812) AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 420.) Council Member Rosen moved the adoption of Ordinance No. 39424 - 061812. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: ^ AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. DOWNTOWN ROANOKE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 18, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of Downtown Roanoke, Inc., to expand the Downtown Roanoke Service District, such District having been initially created pursuant to Section 15.2 -2400 (formerly Section 15.1- 18.3), of the Code of Virginia (1950) as amended, in 1986, and subsequently expanded in 1991 and 2004, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 31, Thursday, June 7 and Thursday, June 14, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending approval of the expansion of the Downtown Special Services District. (For full text, see report on file in the City Clerk's Office.) , 129 Council Member Bestpitch offered the following ordinance: ( #39425 - 061812) AN ORDINANCE amending and reordaining §32- 102.2, Defined, of Division 6, Downtown Service District, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 421.) Council Member Bestpitch moved the adoption of Ordinance No. 39425 - 061812. The motion was seconded by Vice -Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. Mayor Bowers read into the record a communication from Jerry L. Sanders, President, Roanoke Chapter, National Railway Historical Society, expressing its support of the proposed expansion, noting that the expansion would enhance the area and would be good for all properties involved. (See communication on file in the City Clerk's Office.) Sean Luther, President, Downtown Roanoke, Inc., appeared before the Council in support of the request. Following additional comments with regard to the downtown living study, Mike Sutton, representing Blue Eagle, LLC, appeared before the Council in support of the expansion of the Downtown Service District. There being no additional speakers, the Mayor declared the public hearing closed. In connection with the Distribution of Property Owner Survey Responses — Downtown Service District Expansion, Council Member Rosen inquired as to the responsible party for payment of the largest amount of new taxes; whereupon, Mr. Luther implied that in aggregate all the Carilion affiliates would pay 79 percent of the total of the expanded service district. 130 In response to an inquiry from Council Member Price with regard to Roanoke having the largest area percentage increase in downtown living, Mr. Luther explained that the specific study analyzed trends of rate of growth of Caucasian versus minority residents; and unfortunately the study was flawed. He pointed out that downtown living had increased 40 percent since last summer. Council Member Lea asked for clarification as far as study being flawed; whereupon, Mr. Luther reported that the survey was flawed in assessment due to the use of zip codes instead of the census, which reflected a limited population. Council Member Bestpitch commented that the author of the study admitted that the use of the term gentrification was inappropriate for Roanoke's situation that the term usually refers to a situation in which one group is pushed out of a neighborhood and replaced with another. He continued stating that was not the case in Roanoke, whereby old vacant commercial buildings and warehouses were used as living space. There being no questions and/or comments by the Council Members, Ordinance No. 39425 - 061812 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. Council Member Bestpitch offered the following budget ordinance: ( #39426 - 061812) AN ORDINANCE to increase the Downtown Service District expense and revenue budget estimates, amending and reordaining certain sections of the 2012 -2013 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 425.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39426- 061812. The motion was seconded by Vice -Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. r 131 HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. M COUNCIL - BOARDS- COMMISSIONS: Pursuant to the Mayor's communication dated June 11, 2012, requesting that the Council electlappoint to various boards and commissions, Vice -Mayor Trinkle placed the following names in nomination: Personnel Committee — (Seven Members of Council) Council Member Price to serve as Chair and Council Member Lea as Vice - Chair. Greater Roanoke Transit Company, Board of Directors - (Two Members of Council) Mayor Bowers as President and Vice -Mayor Elect Rosen as Vice President. Audit Committee — (Three Members of Council) Vice -Mayor Elect Rosen as Chair and Council Member Lea as Vice -Chair and Council Member Ferris as a member. Council liaisons to the Roanoke Redevelopment and Housing Authority, Board of Commissioners - Council Member Price and Vice -Mayor Elect Rosen (Alternate). Council representatives to the Roanoke Valley- Allegheny Regional Commission -- (Three Members of Council) Mayor Bowers and Council Members Bestpitch and Ferris. Council representative to the Total Action Against Poverty, Board of Directors - Vice -Mayor Elect Rosen. Council representative to the Roanoke Valley Regional Cable Television Committee - Vice -Mayor Trinkle. Council representative to the Mayor's Committee for People with Disabilities - Council Member Price. Legislative Committee — (Seven Members of Council) Council Member Ferris as Chair and Vice -Mayor Trinkle as Vice - Chair. Two representatives to the Virginia's First Regional Industrial Facilities Authority - Council Member Bestpitch and Assistant City Manager Brian Townsend; and Council Member Price (Alternate). Council representative to the New River Valley Commerce Park Participation Committee - Council Member Bestpitch and Council Member Price (Alternate). Two Elected Officials to the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee - Council Members Bestpitch and ... Ferris. 132 Elected representative to the Roanoke Valley Area Metropolitan Planning Organization - Council Member Ferris. City Council representative to the Hotel Roanoke Conference Center Commission — Vice -Mayor Trinkle. Council representative to Virginia's First Cities Coalition - Vice -Mayor Elect Rosen. There being no further nominations, the above nominees were adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. COUNCIL: With respect to the Closed Meeting just concluded Council Member Lea moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None -0. There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:49 p.m. APPROVED ATTEST: l^,, yr Stephanie M. Moon, MMC I\ City Clerk David A. Bowers Mayor A 133 PERSONNEL COMMITTEE — ROANOKE CITY COUNCIL June 25, 2012 1:00 P.M. A special meeting of the City Council Personnel Committee was called to order on Monday, June 25, 2012, at 1:00 p.m., in the Council's Conference Room, fourth Room 451, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman Anita J. Price presiding. PRESENT: Council Member William D. Bestpitch, Raphael E. Ferris, Mayor David A. Bowers, Sherman P. Lea, Court G. Rosen, David B. Trinkle, and Chairman Anita J. Price -7. ABSENT: None. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. Chairman Price declared the existence of a quorum. Chairman Price advised that the purpose of the meeting was for the Committee ' to convene in Closed Meeting to discuss a personnel matter, being the selection of a candidate to fill the City Attorney position, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. At 1:05 p.m., the meeting was declared in recess for a Closed Meeting. At 6:30 p.m., the meeting was reconvened in open session, with Chairman Price presiding and all Members of the City Council Personnel Committee in attendance. (Due to a lack of a quorum, the Certification of Closed Meeting was not certified.) There being no further business, Chairman Price declared the meeting adjourned at 6:30 p.m. APPROVED ATTEST: yam, Ut)y� Stephanie M. Moon, CMC Anita J. Price City Clerk Chairman V 133 ••• PERSONNEL COMMITTEE — ROANOKE CITY COUNCIL �. June 25, 2012 1:00 p.m. A special meeting of the City Council Personnel Committee was called to order on Monday, June 25, 2012, at 1:00 p.m., in the Council's Conference Room, fourth Room 451, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman Anita J. Price presiding. PRESENT: Council Member William D. Bestpitch, Raphael E. Ferris, Mayor David A. Bowers, Sherman P. Lea, Court G. Rosen, David B. Trinkle, and Chairman Anita J. Price-7. ABSENT: None. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. Chairman Price declared the existence of a quorum. Chairman Price advised that the purpose of the meeting was for the Committee ^ to convene in Closed Meeting to discuss a personnel matter, being the selection of a candidate to fill the City Attorney position, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. At 1:05 p.m., the meeting was declared in recess for a Closed Meeting. At 6:30 p.m., the meeting was reconvened in open session, with Chairman Price presiding and all Members of the City Council Personnel Committee in attendance. (Due to a lack of a quorum, the Certification of Closed Meeting was not certified.) There being no further business, Chairman Price declared the meeting adjourned at 6:30 p.m. APPROVED ATTEST: Stephanie M. Moon, CMC Anita J. Price City Clerk Chairman 0 134 ROANOKE CITY COUNCIL-ORGANIZATIONAL MEETING -. July 2, 2012 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, July 2, 2012, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5, 2011 and Resolution No. 39291-010312 adopted by the Council on Tuesday, January 3, 2012. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-5. ABSENT: Council Members William D. Bestpitch and David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. COUNCIL: The Mayor advised that the purpose of the Organizational Meeting is for the newly elected Members of City Council to officially take their seats; whereupon, he called attention to a communication from the City Clerk advising of the following qualifications: David A. Bowers as a Mayor for a term commencing July 1, 2012 and ending June 30, 2016; Court G. Rosen as a Vice-Mayor for a term commencing July 1, 2012 and ending June 30, 2014; and as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016; Sherman P. Lea as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016; and Anita J. Price as a Member of Council for a term commencing July 1, 2012 and ending June 30, 2016. (See communication on file in the City Clerk's Office.) 135 Without objection by the Council, the Mayor advised that the communication ... would be received and filed. CITY COUNCIL: Vice-Mayor Rosen offered the following resolution recognizing the Honorable David B. Trinkle as the Vice-Mayor of the City of Roanoke: (#39427-070212) A RESOLUTION paying tribute to the Honorable David Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. (For full text of resolution, see Resolution Book No. 75, page 426.) Vice-Mayor Rosen moved the adoption of Resolution No. 39427-070212. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) CITY COUNCIL: Council Member Ferris offered the following resolution recognizing the Honorable Court G. Rosen as a member of the City Council and Vice-Mayor of the City of Roanoke: (#39428-070212) A RESOLUTION recognizing the Honorable Court Rosen to be a member of the City Council and Vice-Mayor of the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 427.) Council Member Ferris moved the adoption of Resolution No. 39428-070212. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, and Mayor Bowers-4. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.)(Vice-Mayor Rosen abstained from voting) r 136 T CITY COUNCIL: Vice-Mayor Rosen offered the following resolution establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013: (#39429-070212) A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. (For full text of resolution, see Resolution Book No. 75, page 427.) Vice-Mayor Rosen moved the adoption of Resolution No. 39429-070212. The motion was seconded by Council Member Price and was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) There being no further business, the Mayor declared the Organizational meeting adjourned at 9:12 a.m. mot APPROVED —a ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 137 ROANOKE CITY COUNCIL—REGULAR SESSION July 2, 2012 9:13 a.m. The Council of the City of Roanoke met in regular session immediately following its Organization Meeting on Monday, July 2, 2012, at 9:13 a.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, Raphael E. Ferris and Mayor David A. Bowers-5. ABSENT: Council Members David B. Trinkle and William D. Bestpitch-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. The Mayor recognized and introduced Alex Bailin, a student at the Appalachian School of Law in Grundy, Virginia, who was shadowing him for a day. He also announced that there would be an open house in the Mayor's Office this evening from 4:00 p.m. – 6:00 p.m., and that the public was invited. ITEMS FOR DISCUSSION: COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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.) 138 Vice-Mayor Rosen moved that Council concur in the request of the Mayor to ^� convene in Closed Meeting as above described. The motion was seconded by Council Member Ferris adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) COUNCIL: A communication from Council Member Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the vacant City Attorney's position, 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 Price moved that Council concur in the request to convene as the Roanoke City Council Personnel Committee in a Closed Meeting as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: pee AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) COUNCIL: A communication from Council Member Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (See communication on file in the City Clerk's Office.) Council Member Price moved that Council concur in the request to convene as the Roanoke City Council Personnel Committee in a Closed Meeting as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) 139 COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of portions of property located at Countryside, where discussion in a 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 Ferris moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Rosen adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON MONDAY, AUGUST 6, 2012, AT 9:00 A.M., IN THE PATRICK HENRY HIGH SCHOOL MEDIA CENTER, 2102 GRANDIN ROAD, S. W. Mayor Bowers asked that the Council forwarded any agenda items for discussion to the City Clerk by July 31, 2012. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: POWER OUTAGES-STATE OF EMERGENCY: Sherman Stovall, Assistant City Manager for Operations, provided an update on the status of the power outages throughout the City. He stated that the City Manager intended to offer a resolution declaration for a local state of emergency at the 2:00 p.m. session of City Council. BRIEFINGS: Synthetic Druqs/Bath Salts The City Manager advised that the Chief of Police had previously briefed the Leadership Team for the City on the recent abuse of Synthetic Drugs, commonly known as Bath Salts, both locally and nationally. 140 Christopher C. Perkins, Chief of Police, stated that in his nearly 20 years in law enforcement, he had not experienced a situation at the magnitude that Synthetic Drugs -� has had on the Roanoke area and practically the entire nation. He further stated that the City Police Department had started seeing issues related to Synthetic Drugs in early April and soon after discussions began at the monthly Roanoke Valley Law Enforcement Summit regarding Synthetic Drug use; and the biggest concern for law enforcement officers was that Synthetic Drugs were affecting all demographics. Chief Perkins expressed major concern that the abuse of the products was not only affecting those persons abusing the drugs, but also others, citing several examples. He continued that the situation regarding Synthetic Drugs had become critical in April 2012 and had reached a boiling point in May 2012; and from January 1 to June 30, there had been ten part-one violent incidents involving Synthetic Drugs, adding that if those incidents were removed from the statistics, there would have been a two percent decrease in violent crimes in the City for the first six months of the year. The Chief called attention to several items that had been packaged for sale being described as carpet deodorizers, glass cleaners and among other things, a lady bug attractant. He stressed that the individuals were purchasing the items in order to get a very intense high which causes hallucinations, paranoia, elevated heart rates and elevated temperatures. The Chief reported that the availability and attractiveness of the packaging of the Synthetic Drugs was very scary because it created a public perception that the drugs were legal even though under Federal law, the drugs were illegal. He also expressed concern that the packaging appeared to target youth or could be easily confused by a young person. Highlighting the packages containing the words "Scooby Doo" and "Mango Flavor', the Chief noted how easily a young child could be lured into consuming the product. Chief Perkins advised that the State Lab had done a wonderful job of disseminating information to law enforcement officers and the lab had acquired the ability to test synthetic substances, but the tests took twice as long and cost twice as much as the tests for more traditional drugs. In addition to the normal issues associated with handling drug related evidence, he further stated that there would be budgetary issues related to the cost of testing and the workforce required to administer the tests. However, he hoped that there would a decrease in the distribution of Synthetic Drugs due to changes in State legislation that had become effective July 1, 2012, adding noted that there appeared to be a decline in incidents related to Synthetic Drugs. He insinuated that the changes in the Code of Virginia in coordination with the existing Federal Laws would help curb their usage. Chief Perkins announced that on July 19 at 6:30 p.m., at the Roanoke Police Academy, 5401-B Barns Avenue, N. W., there would be a public awareness session to discuss the Synthetic Drug issue and the session would include multiple public and -� private agencies. 141 Council Member Ferris remarked that part of the issue with Synthetic Drugs was that the Code of Virginia identified particular chemical combinations as illegal substances and chemist had been able to alter one or two of the molecules so that the substances were legal; and then questioned if the new statute in the Code of Virginia would address the issue; whereupon, Chief Perkins replied that the changes should have an initial impact on the problem, but there would be a reliance on the Federal Code and the City Police Department would have to coordinate efforts with the Drug Enforcement Administration (DEA). He also warned that at some point chemist would be able to change the chemical structure of the synthetic substances in such a manner that they would no longer be illegal. Council Member Ferris then questioned why there had been a resistance on the part of the General Assembly to mirror the Federal scheme so that the Code of Virginia would be more encompassing. Chief Perkins explained that it was his understanding that legislators did not want to write language that was so broad that it might prohibit pharmaceuticals that may be necessary for treatment of cancer or other illnesses. He suggested that Synthetic Drugs be classified as a Schedule II substance and that the necessary drugs with a specific purpose be exempted. He thought the most recent legislation was a step in the right direction but needed to be enhanced. Council Member Ferris pointed out that Schedule I substances were strictly prohibited substances that could not be administered even with a prescription. Chief Perkins agreed and added that there was no medical use for drugs of that category. For clarification purposes, Council Member Ferris noted that Schedule II substances have some medical uses and were legal by prescription; whereupon, Chief Perkins confirmed that Schedule II substances have limited medical uses. Council Member Ferris inquired if the punishment was the same for illegal possession of Schedule I and Schedule II substances; whereupon, Chief Perkins responded in the affirmative. Council Member Lea asked about any recommendations that could help curtail the usage of Synthetic Drugs. Chief Perkins advised that Council Members should reach out to their constituents to make them aware of the issue; and noted that education was the key and the Roanoke Area Youth Substance Abuse Coalition (RAYSAC) planned to coordinate efforts with Roanoke City Schools to share information with the students. Council Member Price thanked Chief Perkins for the information and wondered if there would be additional opportunities, forums, venues, etc. to help get the word out. Chief Perkins confirmed that the Police Department had been working with Roanoke neighborhood groups to spread the information and he would be broadcasting on the radio the next day to further spread the word. He reported that excluding one incident, the Drug Market Intervention (DMI) in the Hurt Park neighborhood had contributed to an over 60 percent reduction in drug crimes and over 15 percent reduction in total crimes. 142 The Mayor mentioned a break-in in the South Roanoke neighborhood; and questioned if there had been an increase in crime in the Southwest region of the City related to Synthetic Drugs. Chief Perkins said that he had recently read an email that incorrectly reported there had been 44 burglaries in the South Roanoke area; but based on information available to him just prior to the Council Meeting, there had only been 10 incidents in the past three weeks. There being no additional comments and/or questions by the Council, the Mayor advised that the briefing would be received and filed. Completing the Market District Sean Luther, President and CEO, Downtown Roanoke, Inc. (DRI), presented the following information regarding the Downtown Roanoke area: COMPLETING THE MARKET DISTRICT Leveraging history. MARKET CANOPY Improving the customer experience. REDESIGN Creating a front door - --. t vomoke Project Goals Current Conditions... Improve the buying(customer) AND selling(vendor) g • experience ` • Improve visibility of in-line retail on Market Street • Identify long-term maintenance solution _ • Provide a "wow"factor for the City Market 143 Moving Forward Existing vs. Proposed -Design has been vetted with the City Market vendors + • - Proposal reviewed by the ARB in July jt • Final documents completed by late summer Conshuction commences during market off-season •Substantial project completion by St. Patrick's Day 100%completion by Easter 2013. ,�p,1I1'tla$VIII Council Member Ferris questioned the total cost for the canopy project; whereupon, Mr. Luther advised the total cost would be approximately $242,000.00. Council Member Ferns then inquired if the City of Roanoke would have to provide any capital money. Mr. Luther said that DRI would be able to pay for the project but would likely ask the City to donate in-kind services for removing the old canopy, etc. Council Member Ferris asked if a storm water collection system for the canopy was being engineered or if it was just an idea that may be utilized. Mr. Luther responded that storm water capture was just an idea. He further responded that the current canopy has gutters on both sides with downspouts in the middle that feed into the storm drains on Market Street. Council Member Ferris questioned if the reason the idea had been mentioned was because it was an identifiable system that could be diverted. Mr. Luther explained that capture cisterns could be utilized and the grey water could be used to water plants. Vice-Mayor Rosen questioned what feedback was being expected from the Architectural Review Board (ARB). Mr. Luther said that he was a proponent of highlighting the existing architecture and he felt that Market Street represented the time when the City boomed for the first time and the commerce that had sustained downtown for one hundred years. He added that the overhead structure should be created in such a way as to reflect and respect Market Street. The City Manager interjected that historical preservation had really evolved within the last 10 to 20 years; however, when something new is added, it should be obvious. Mr. Luther commented that the concrete tables on the Market would remain, adding that no funds had been allocated to create additional cut-throughs or change to a different table system. He continued that markets in other localities had implemented mesh style tables that could be reconfigured or disassembled when not being utilized. Vice-Mayor Rosen questioned if changes to the awning structure would limit the ability to make changes to the tables at a later date; whereupon, Mr. Luther advised that changes to the overhead structure would not limit options regarding the tables in the future. 144 Mayor Bowers asked if the new canopy structure would provide shade for the vendors and the customers. Mr. Luther responded that the structure would provide shade but added that DRI had commissioned a solar study of the Market vending area because of the solar exposure to the vendors. He mentioned that the vendors would likely be issued a temporary drop cloth affixed by magnets or hooks and they would be responsible for installation. Mayor Bowers inquired if most of the storefronts have awnings; whereupon, Mr. Luther said not in the 300 block; consequently, the new structure would allow the building owners to determine if they desired an awning. He also pointed out that Center in the Square was being required to remove all of their awning coverings in order for there not to be a competitive structure in the 200 block. Mayor Bowers wondered if concern had been expressed about the customers not being under a cover. Mr. Luther replied that the reason for extending the awnings as close to the storefronts as possible without actually touching them was due to concern for the customers and it would create the largest closed space possible. Market Square Proposal Sean Luther, President, Downtown Roanoke Inc., also appeared and spoke on behalf of an emerging private sector coalition organized to study the Market Square, NMI giving thought to it being the true heart of the Market District. He said that the downtown area was the living room for the City in general and it had functioned as the main portion of the Farmer's Market. He went on to say that the success of the City was tied to the sole of downtown. Mr. Luther said that Mr. Lucas Thornton with History Partners, LLC., and who had developed several downtown properties, had contacted him to discuss plans for Market Square. Mr. Luther said that Mr. Thornton had presented his emerging vision for downtown to DRI's Board of Directors and they had been very impressed. Mr. Luther said that Mr. Thornton had also presented his idea to the Roanoke Valley Chamber of Commerce's Board of Directors in an effort to generate interest amongst the business community at large rather than just downtown. Mr. Luther explained that the real question for downtown Roanoke was how to create a space for people that reflects the history of the space and allows the commerce to occur on the Farmer's Market and the retail on Market Street in general. He said that those things could be accomplished by ensuring that people are the primary component for downtown and by making sure that the investment in Center in the Square, the Market Building, Elmwood Park and all of the private investor developments are connected. 145 Historic Context r MARKET SQUARE PROPOSAL yrI'_ Current Conditions Current Conditions � n A- ia - ISaaakaaa1-C \ How do we activate the square? How do we activate the square? _ - Pedestrian Activity Traffic Calming Connectivity ��� - Maintain Vehicular Access 146 ... ..Ir c••-•1 , How did we get here? = 1 ,., - 1— i',� <1 �, �i Private sector driven concept relating to public space y e:aw ,na C •T'!.a Proposed to the DRI 8 Regional Chamber of m a C Commerce Boards._preliminary support from both t� y2 . y�aG t • Primary DRI role: coordinating needs of the City E�yp)L 1 V4 s 'P' 1_ s,� j Market ft communicating to stakeholders . .'" i a:SGi . E OTT se) ■l/i�,a** ne_. I srwc.� 1111--- ,�. r..a.0 ., -7-`,Its l' I• L "E- Unanswered questions Parking Water control Options I yj - �� -Utility access _ tiifil •Special event coordination/phasing I ,7J •Post-project management it , •i r hK>j Parking ii 2, 41 f 1 Presery ngsbor,term parking f City Markel vendors _ i- Short/metlum term paging 1 ltiy for Make,District N 1 tali i �� — ,y retailers \- ,� f MI (See copy of presentation on file in the City Clerk's Office.) Mayor Bowers thanked Lucas Thornton for a great design and for helping move the concept for the downtown market area forward. In connection with the downtown market area concept, Mr. Thornton emphasized the importance of the urban spaces in the infrastructure of downtown. He said that the project would be a point of continuity between the public and private sector to create a better downtown and he had come to represent a partnership for a better downtown Roanoke. He elaborated that the group was composed of design professionals, private individuals and foundations that were dedicated to keeping the energy for downtown going. Council Member Ferris commended Mr. Thornton on the work that he had done in downtown Roanoke and commented that he liked the plan as presented. He said he had never been a fan of pedestrian malls and he felt that the proposal was a good compromise. He added that Roanokers abhor parking garages and that he was fearful ^� that citizens would concentrate more on the lost parking spaces even if more were added at other locations. 147 Mr. Thornton replied that it was exciting to see how the downtown was changing and the groups that go downtown were not as concerned with the perception of the parking problem. He implied that there were 4,500 parking spaces within a three block radius in the downtown area; however, the spaces were awkward, improperly engineered and often closed for events. He acknowledged a correlation between parking and the success of a downtown area; and he explained that there should be a conversation about how more parking could be provided downtown. Mr. Thornton said that there should be an understanding of the varied needs of parking in the downtown Roanoke area versus the needs of other downtowns. Mr. Thornton continued that parking should be created in such a way as to encourage customers to come downtown; that it was not beneficial when downtown employees were allowed to use on-street parking spaces continuously for five hours. Vice-Mayor Rosen believed that local government should focus on working with the private sector businesses who know what is needed. He indicated that the City had spent approximately $18 million from the Market Building to Elmwood Park; and for $250,000.00, the proposed project seemed to be very reasonable and would bring together the whole corridor up to Elmwood Park. He voiced his support for the project and wanted to see the project moved forward. In response to the question as to how much money had been refunded from the Market Building project, the City Manager explained that the $1.4 million developer's fee refund was a one-time capital need that had been designated for capital projects for the following year. Vice-Mayor Rosen inquired if there was availability within the capital plan for a minor project or economic development; whereupon, Mr. Morrill advised that money was available from both the Economic and Community Development reserve and the Capital Contingency fund, adding that at the end of the year, an evaluation would be done to determine exactly how much money would be available. Vice-Mayor Rosen wondered about a timeline for a recommendation once the vendors and stakeholders have been vetted. Mr. Thornton thought the completed plans could be returned within six weeks to two months; and thereafter a recommendation could be provided to the Council. Vice-Mayor Rosen encouraged the completion of the project and suggested that the group meet with City staff; and thereafter, City officials could consider necessary funding for the project. The City Manager indicated that City staff had already met with both Mr. Luther and Mr. Thornton and everyone had embraced the project. Council Member Price agreed that the project was an investment in the future of Roanoke and stated that Roanoke's downtown was vibrant and exciting. However, she expressed her concern about the difficulty of the disabled having to maneuver throughout the downtown area; whereby, Mr. Thornton commented regarding there being no parking in the market area for Americans with Disabilities, and also mentioned .- the creation of a more pedestrian focused space. 148 Joyce Waugh, President and CEO, Roanoke Regional Chamber of Commerce, appeared before the Council and stated that while the Chamber had not taken a position on the project, its Board of Directors was very impressed with the innovative approach of Mr. Thornton and how adaptive and creative his plan was. Mayor Bowers pointed out that citizens needed to be aware of the available parking spaces in the City owned downtown garages and asked if the 4,500 parking spaces were at full capacity during the week, as well as Saturdays and evenings. Mr. Luther responded that the 4,500 parking spaces referenced were considered to be a low estimate since said spaces were the ones mostly in the Park Roanoke system. He followed up that the City was in the midst of having the Regional Commission determine occupancy at given peak times, and that the Market, the Center in the Square and the Tower garages were free on Saturdays until 4:00 p.m. and all day on Sundays. Following indepth discussion of parking in the Market District, the Mayor expressed appreciation to Messrs. Luther and Thornton for their extensive overview of the project. Ensuring a Financially Sustainable Retirement Plan Jim Link, Managing Director, Public Financial Management, Inc. (PFM), commented that in the previous week Keith Braynard, Head of Research at the State Retirement Group, along with the State Center for Local Government Excellence, remarked that a presentation had been given on the critical elements to pension plan reform and pension plan review at which he recommended focusing on quality data, doing everything in the context of human resources, sharing information with the stake holders, planning carefully while considering options and exhibiting a strong governing body influence while fully funding additional retirement credits (ARC). Mr. Link indicated that the City of Roanoke Pension Plan had followed all of the recommended benchmarks, adding that the stakeholder involvement, the quality of data and the review of options had been done extraordinarily well and the team had done a fantastic job. 149 Roanoke City Council Roanoke City Council Ensuring a Financially Ensuring a Financially Sustainable Retirement Plan Sustainable Retirement Plan rev ROANOKE Juy2. 2012 ROANOKE Contribution Rates Have Risen in Recent Years Contribution Rates Expected to Every 1% now costs S600,000 annually Continue to Increase • FY12 Cost Assames a 24 Ad-IOC Cost M LMy AdrysMenl 20.0% S103M 10 0% I Benefit enhancernents granted 18.0% % mg 110% 10,0% _ �~ 4.0%0% .1 e 9 .`g a vdr a Py e T - + - - - - - ~ — a, a, Rate as Percent of Payroll ' �� • Source Roanoke Pension Plan Conpreden.loe Annual FlnaneaI Reports Source: Roanoe Pension Plan FYI l Aduas Forecast prepared by moan t Roanoke Employee and Retiree Statistics • Average current salary-$41,000 • Median current salary-$37.000 Background • Average tenure of current employee- 11 yrs • Average age of current employee-43 yrs • Average age at retirement -General-60 yrs - Public Safety-54 yrs • Average length of service at retirement -General-27 yrs -Public Safety-28 yrs 150 Current Retirement Benefits (1998) Roanoke Pension Plan is Currently • Defined Benefit Pension Plan in Sound Financial Condition -� — 2.1%multiplier • Relatively strong asset/liability funded ratio— — 6 year vesting 86%(6/30/11)-given recent market volatility — 36 month AFC Cave final compensation) • City always fully funds ARC — Includes additional monthly supplement of$330 until • Closed amortization period on accrued liability 65 for retirees with 20 years service P tY • Optional Membership in IRS 457 Defined • No"gimmicks'. Contribution Plan —No inclusion of overtime wages or bonuses to inflate • Accessibility to Group Medical Plan for those wages for calculation of benefit retiring with 15 years service —No use of unrealistic investment returns or smoothing • Participation in Social Security Benefits periods • No DROP(Delayed Retirement Option Program) Retirement Benefits Financial Planning Process Core Team Goal Setting Retirement Benefits Financial Financial Advisor Bench marking Planning Process Development of Potential Options Actuarial Analysis • Additional Analysis • Legal Analysis • City Council Public Briefing(Dec 2011) • Additional Analysis and Legal Review • Revised Recommendations Retirement Benefits Financial Planning Team Goals of the Retirement Benefits Ken Clem Director of General Services Snstainrhlny Financial Planning Process Camtyn Glover.Director of Human gnimoc Adopted by Planning Team Fall 2010 Harold Hatless.Retrement Supervisor Acquenatta Jackson-Hums.Accountant Amelia Merchant Director cf Manageineni x eungel • Providing benefits that will be competitive to CPIs Kneel City nt mger attract, motivate and retain employees Ann Shawver Director of Finance Sherman Stovall.Assistant City Manager-Operations • Ensuring that such benefits are sustainable and &non T009seod_Assistant City Manager-Community Development community,to the table employees Andrea Trent Assistant Director of Finance acceptable ty, em l0 ees and elected officials Financial Advisor Jim link.Managing Drermr. PFM Asset Management ur • Maximizing return on assets to provide the best EmWgee Feem•rk Foomsmia benefit possible for a given investment Grvm Ells.Human Resources Training&Development Coordinator Faye Gilchrist,Assistant'0 the City Manager Re 151 Project Timeline Two Full Years _ An Informed Process Using oI=acle= s° °_ “, ;; Z, ^ . Extensive Employee Input anniance era. saga Ozali Blame 12 Employee Focus Group Sessions Initial Employee Feedback Sept 29-Oct 13 2011 165 invitees,129 attended • Sept 29t-Nov 21” -uman Resources Staff 2 • Covered various topics under consideration Flnarc=Stan IS • Discussion oriented sessions France St pervisory Than H, • Led by team of four from Finance, City •ont-line Supeeasos Group r9; Manager's office, Human Resources Font line Supeviso-s Croup,7. • Educational to attendees Po ice 3 =Ire-EMS Command Staff•C City Errpla•ees Rep-esertatves i7r • 12 sessions Gty Employee Representatives 1141 • All departments, all levels,ages, tenures city E mployee Representatives 1 IC I represented cit,Enp'o}he Representatives 11C • 129 participants :''d-Lev.e Managers s Leadership Team Representat•es 1131 rer,ffs Office Command Staff B Jail Staff:15'. Key Themes from 4 Employee Education Meetings Employee Feedback Open to All Employees • Concern over plan choice vs employee January 3- 13, 2012 responsibility to manage investments Over 150 attendees • Importance of employee education • Concern about compensation -Lack of base pay raise • EOC Conference Room, 2:30 pm (20+) -City competitiveness as an employer • Police Community Room, 7.00 pm (1) • Generally not sympathetic toward reduction in HR Training Room, Noon 10 benefits though many understand current 9 ( ) economic environment • Civic Center Mezzanine, 8.00 am (140) • Sustainability of benefits most important aspect 152 Project Activities in 2012 June 2012 Employee Meetings Available to All Employees • Additional Analysis, Review by Team 1-a • Continued Stakeholder Dialogue ' June iJ 2012 Leadership Team(za) —Council Appointed and Constitutional Officers ' June 19 2012 Pudic Safety Employees IT) —Representatives from Participating Employers in • June 19 2012 100 pm HR Training Room OA) Roanoke Pension System —Roanoke Directors and Leadership Team June 202012 800 am Police Conlnrunlry Room(n) —Public Safety Leadership • June 28 2012 200 Pm Civic Center Exhibit Hall(10) —Pension Plan Board of Trustees • ne 77 2012 7 00 am Public woks Service —Roanoke City Public Schools Leadership .hI Center Assembly Room PC) —Roanoke Retiree Association Leadership • Revised Recommendations June 28 2012 900am EOC Conference Room • Employee Meetings „ • June 292017 II loam Public Works Service Center Assembly Room Feedback and Input from Other Stakeholders and Advisors • Association of Municipal Retirement Systems— Virginia Setting the Stage for • Former Finance Directors Grisso and Hall Retirement Security • Representatives from Participating Employers in Roanoke Pension System Financial Planning • Council Appointed and Constitutional Officers • Pension Plan Board of Trustees • Roanoke City Public Schools Leadership • Roanoke Retiree Association Leadership .'. Pension Challenges Nationwide After 2008 Pension Funding after the Recession • 25 percent inves:menl losses x ere typical of Po bl a pie ns "`•' `•"" ", n" Rskier poncho sirareges as some reached for meets : .n • Doubling of unlundea haoie es naticnaily _ • Typical plans were-70%fundel is mg rosiest assn-ipti rs ^ • empoyee plan cost Dais decade MU requue euninotcn el 2 miWm pursue ^ IIIIIIII II IIIII • I employee positions an coInnrlease¢ • Declining or stagnant government revenues • Prior claims on resources • equipnenl M1wnMlwgnt tllaxrn9 olpal RP¢zM aPlened maintenance and _ "•"" yulpmenl eplse held tic '^^'•' '°°' _ "*' • Pension contributions will likely rise 25-00M for many employes Saute. the Hawing of stale°M eocu Pensions 20112016.The Center kr even before potential GASB changes whie9 further pressure rates Retirement neseolm at Boston wkge.by Alicia Punned el 01 r■11 153 The New Normal and Impact on Pensions Trends in Pension Plan Changes • Stock markets unlikely to return to previous peak as quickly as they have since World War II • • Interest rates nearing generational lows worldwide • Global guest for yield ■•- µ� Aging baby Win - nearing retirement •• Suggests that long-term bend returns will - be lower for decodes • Difficult to earn Me Coupon • GDP growth and hence equity returns may be subnormal for t..0 emu,wawas several years as consumer debt hangovers and sovereign balance sheets are restructured - i,. - ----• - +-^ -�•- • Expected returns On long-term assets are lower source The Finning or State and Local Pensions 201L2015 The Center for • Expect 8°NASRA avemye to decline p 7°e to 7 5°. Retirement Researcn al Boston College: as!Anne!! el al Sustainable Retirement Strategies What Moves hF stet the Most and the the • New lower benefit tiers for new hires • Employee contributions • Increased retirement ages potentially aligning w with Social Security • For new hires and unvested workers)install a lower • Implement employee contributions potentially splitting multiplier, if too high now normal cost with employer equally • Require actuarial reductions for early retirement • Raise retirement ages for new hires • Disallow COLAs for early retirees • Install supplemental savings plans to allow employees to • Require actuarial reductions for early retirement save retiree health eirementp • defne a ontrib style retirement plan(defined benefit- '. ., dented contribution) What Does the City Consider a Target Replacement Income in Retirement? Ratio of retirement income to active employment income Important Planning Concepts • What is needed for retirees to live comfortably? Replacement Ratio • What is appropriate for someone contributing a full career to the City? Balance of Working Years vs • How much should be paid by the City? Retirement Years • By the employee? • How is it impacted by Social Security? ci_n1 Fr rn Asset Management Lime 154 What is the Meaning of a Full- .. Current Replacement Ratio Service Life to the City? • Individual retires at S40,000 with 30 years of service at social security normal age • What constitutes a full career? • • City Pension Plan replacement ratio is —Years of service 63% (30 years x 2.1% per year) • Attainment of_years service+age • • Social security ratio is 44% (unreduced)• what age should a person be able to retire and draw a benefit? • Total replacement ratio is 107% • What is the right balance between number of working years and years a benefit is received? i..2n 17 FFMACSCI Management IIC II 02012 pFM Asset Management L LC How does total compensation, Plan Elements Reviewed including retirement benefits, compare with in More Detail local labor market conditions? • Multiplier • Public sector competition -Urban locality setting • Age of Retirement Eligibility • Private sector competition • Retirement Health Savings Account • Wages • COLA Eligibility • Wages + benefits • VRS Plan Competitiveness Pug 2012 PFM Asset Managen 2t!LC n 14 Plan Type Current Plan Defined Benefit December S Reaemnen5aen Choice a Defined Benefit(Plan Ai or Revised Recommendations Mntri ut (Planb eld,Denred Final Recolnmenvmn mote or penned Benefit(Plan A)or Hybnd or Defined Benentevea Conttulion(Plan Dl vRy o'dn HVlmd Plan loenerm) Defiled Benefit (PUmlc Safely) •• 155 Multiplier Maximum Income Replacement Percentage Current Plan 121% Current Plan 83°%(21%a 30 years) Decemoer oT RENmmenaa€on 18% December Ss Recommendatlpl 3%(13%a 35 years) Final Recommencaton 20% Final Recommendation 63%(20%x 3'S yea5l VRS Ran 155%nsene ali I33%(Pupils VRS Plan No mYnmum Safely) Average Final Compensation Vesting Current Pan Highest 6 Months Current Plan vears December 5s Recommendation Highest 60 Months DeCember5'^ReCOmmendat n 5 Sears(City conMOuICn to Pension Mal Recommendatron Highest 50 Months RHSAI VRS Plat Highest 63 Months Flnal Recommendation 5 years(CM c01M0uIM to PeMIM. RHSA1 VRS Plan 5 mars Note There is no vesting regirementfor employee contributions sa Employee Contributions Retirement Eligibility Normal Retirement Current Plan None Crew an 'Age 50105 with ages ServiCe 8043 Or December 5s Recommendation 5%of salary 1predq-tosaM DB for age 65 with 5 yrs s Ran A and toero DC for Plan b GecOM¢'51'R¢WmrempallM Age 60'55 WM age secnce 8575 Or Final RecommematM salary t vs-d mretvo-mvnm DR mr age 65 Mth 5h a ee•service x tit anf salary nNxCOr Plan Final Recommendation Age 5960w5yrs ersv6495 or `/RS Plan 53 of salary 1peRUl Norma wN5yrsservice VRS Plan Of Normal servie 0190 retirement age a age 50y age 50 mils 2.t.WS Serveor age 6 s s2 156 Retirement Eligibility Retirement Eligibility Early Retirement Deferred Vested Retirement Caren Ran Age 55 linti 5 years berme redo d Current Plan Age 65 or age 55 with reduced,anent Mlelltl December?Recommendation Age 65 or age 60 with reduced bench, Detente,5t Recommendation Age 2150 UM 15 years seine Final Recommendation Age 65 or age 60 with reduced benMl peduced aarenp RS Plan Noma!Sore curry retirement age FAal Reconmena%n Age 2/50*Al is years service 0(60 YAM reduced derollt. (reduced benenp 'YRS Plan Age UC,5U won 5 years serv'a (reduced ueneml Cost of Living Adjustments Pension Plan Supplement Current Plan Al hoc(determine a'mwlly based en Current Plan Monthly cash supplement or S930'rw Nndmg avalla led hendS in Oilier retirees with 20 years Service until age systems) 65 rtaxablal December 5"h Recomnendaten Policy esmeeshec-COLA Of zn C%• December 51'Reaemmenlalon None V-not re exceed 4% not la exam Final RecomMndattcn None normale pay raise Payable Co retirees. 'IRS Plan Nape of non hazardous lily Fhal pe[eTmeFl(ynan racy niabrlmcd-COLA Ol3'O CPI- emgkpeeS MmM,cash Sggremenl -nor to exceed.4% not la exceed Of$1.030."IIX ocial SeMN 4n nor ma/ adNe employee pay raise. Payable to tll6ocLaxSee: retees with 15 or more yrs service retirement age Imxablel VRS an 1^2%o1 CPLV ana'n of remarvjer up to a maximum of ' Indexed to 75%City ONO:Mtlm toward acute employe health care w� Indereo IC 5om15e[utlM COLA. AdtnlM Germany • 1 Retirement Health Savings Account "Medical inflation is outpacing salary increases and cost of living adjustments Current Ran for many people. Until that situation December 5 ma .Recommaon Enabre'or City Pensbn Plan changes. it is critical that individuals aemoers-1%0?salan,empw.e nd 1%of salary by City r,prelaxt include health care costs in their FinalRecmnrnHlatlpl Eligible'Or Cln Pensbn Plan retirement savings strategies today so "'mum-IS Of salary emIoyee 9 9 Y and I"%orsallyby CITY(prelax} they can be prepared to pay their medical VRS Plan None bills throughout retirement." Brad-mile.Executive Vice Presdent F.oenty Benefits Cprsudag Fbawh Care Cogs Cr, dCcnNnre Pee,ees 4h come,plariryWSor cror May 9 1011 157 Current Pension Supplement Does Not Reward Tenure with City Pension Plan Supplement Age at VOWS Supplement Total Supplement Retirement Received Received' Monthly,taxable supplement of$330*paid to 45 20 $79.200 retirees with 20 years of service until age 65 55 m 60 era 0 S 19.600 SO for employees who serve until age 65 6s 0 0 SO for employees with under 20 years service The current supplement provides largest benefit to those who retire earliest. The benefit decreases as length of service extends beyond 20 yeers. A oerson workino to ace 65 receives no '75%of Cry contribution to.ard actve employee Merl•allowance benefit thorn this supplement. •rrna"melt nnl tn¢n nn present value basis nor net or taxes a Retirement Health Savings Account Eligible Medical Expenses • For new employees,replaces Pension Plan supplement • City and employee each contribute 1%of pay into a Ambaanre erxes caropacra Contact Convalescent RHSA Lenses senator MVkeI • Employee directed investment yn cmem • Account increases with length of service pediment cermatbbyn Ikrrwres eyegazns eMP[aajsl 9 l`annyA • RHSA is portable yeanngAd Hospital Bins atme Lab Tests Nursing Employee controls timing and use of funds Treatment • Encourages prudent use of health care dollars unmans optomet st Peditrian Physician Prescrpbon 9 P Roan Costs Drags ' • Tax-free withdrawals when utilized for qualified medical special surgeon therapy x-Ran Certain Over- expenses of employee,spouse and tax dependents schwa costs rgmpaent me-Counter • Funds distributable to named beneficiary upon death of fo' "e mugs plan participant reopen The proposed RHSA sal provide the ca•eer Roanoke employee more moneytowald Impact to Current Employees health care than the current supplement Irrevocable option of freezing service in current plan and Joining a new plan pmspeptweiy • NPV total cash flows. • COLA policy Current Roanoke Plan Supplement 545.000 v Potential future salary increase in exchange for regmred —Proposed RHSA 597.000 employe contribution do be considered as part of FY14 budget Assumpuons Public saheb ernpbyee hired at age 21%to retires at age 551cale:average,. Typical career progression assumed eloig with salary increases inflationary TheSe aspects mat mnct participating empnrers inducing several who t act's mvesu,entearnings.ile expectancy.expected unication of RHSA balance nave tow rinsed mernbership to the Roanoke Pension Plan-Roanoke ON Plb!c SCOOIS Western Virginia Water Auf'M Juvenile and Domestic Reblcns Court and ROaoIe Nylev Resource Authonty. 158 Retirement Health Savings and Current Employees • Mandatory RHSA enrollment with 1%employee In Short... contribution offset by 1%salary increase • Options: -Continued eligibility for employer-paid Any changes that may affect current supplement -Or employees(and additional employees hired -1%employer match to RHSA in lieu of until implementation date) are intended to be continued eligibility for supplement optional and/or beneficial to the employees E. Employee Contributions Current Employees • VRS and other plans include employee contributions • Aids equity between employees regardless of hire Effective Date and Eligibility date • Pay raise granted to offset employee contribution -net pay neutral • Or. enacted when economic conditions support a net pay increase auk —Example 6.5%pay increase,offset by 5%employee contribution • Recommend deferral of action related to current employee contributions to FY14 budget process EE Effective Dates Eligibility RHSA -July 1, 2013 Pension Plan and RHSA Retirement Benefits - July 1, 2014 • City employees excluding Sheriff's department employees who are members Factors: of VRS • Contributory plans (pension and RHSA) • Employees of participating employers trigger new record keeping requirements whose new employees join Roanoke • Employee contributions eligible for refund Pension Plan to employees, with interest —Roanoke Regional Airport Commission • Current software outdated: mainframe -Roanoke Valley Juvenile Detention product designed in 1991; new software Commission required J 159 Cost Decreases, Stabilizes Instead of Chinking In 25 47,Cost Drops to 1740 30% Recommendations Achieve fai1119� - A C..,,,, e<, a- Goals •SHE as 2012' 2012 2022 2027 2032 Competitiveness `aroaeraYwl5.-s.I.n EOPIC,m aiy Pa el RH set Sufficiency of Benefit naeela Sustainability and Affordability • COY 'd�bn X4 ad�Ctiag Source 2011 Actuarial Forecast-Millman.Inc n 2C 12.mere is no funding M a COLA Future years include a COLA Cost Decreases, Stabilizes Recommendations Achieve Goals Instead of Climbing to 25ne.Cost Drops to 17% • competitiveness of Benefit as Recruitment and RMeneon Tool - Local governmenl leader enough inllWucllon of choice -0w - Conbibutory and DC elements Portable.can be lea to heirs e_15A T� r - HybnJ plan appeals to younger.[constant employees and mid- 4 o Cot 18% (Dee k force S 20% ° 91" • Suffclency of Benefit e Cost 17a w�.,•" - Ensures of RHEA aids replacement healthcare 5 la* - -- — — csu=.�« - Addition of RHEA aids planning for retiree healthcare 109. w,n•.,a -AJWIIwi of COLA policy govalen assurance of inAnuonnry adluslment for fur-career retirees ^n. • Sustelneblllty and Affordability 9}, - Reducing u tP e extending o 9 lstemy n ty reduces cost - Eliminating supplement removes costly ben efit that doesn't xotx 2017 2022 2022 2032 match reward with service - Chan ges keep contribution rate'whin manageable level -Adoption of COI A policy enables prudent 0nnonq of COLA Source 2011 MUand Forecast-M Haman.Inc stabilizing cmmliwuon nae .n 2012 there sr tunding to,a COLA Fears years Houle n(Rae " 5' Appendix History of Roanoke's Pension Plan 1926 Police 8 Fire system established(predates VRS) • History of Roanoke Pension Plan 1946 ERs(`old plan')established • Virginia Pension System Comparisons 1970 Roanoke employees joined Social Security 1977 Vesting reduced from 20 to 10 years 1984 ESRS('new plan")established 1996 ESRS vesting reduced from 10 to 5 years 1998 ESRS rule of 70/80 implemented,recognizing age 45(50 as`Normal Retirement".supplement added for retirees with 20 years service until age 65 1999 Multiplier increased from 2.0%to 2.1%. 2000 ESRS added portability,purchase of service 160 Poe Mayor Bowers asked how the average current City employee that would be receiving 107 percent of their income upon retirement compared to other local, state or federal government employees; whereupon, Mr. Link answered that he did not know all the specifics, but as a gross generalization, the Federal system was a hybrid system designed to replace about 100 percent of income. He pointed out that the Fairfax County Police Department, which is not in social security, would have a replacement of approximately 98 percent of pre-retirement income for a person of the same age in the City of Roanoke Retirement Plan, concluding that other localities would not be statistically different. Question raised by Mayor Bowers as to the comparison of retirement benefits for the City of Roanoke to the private sector, wherein Mr. Link responded that from a retirement perspective, the City of Roanoke's Plan was dramatically better for the current plan and after the proposed adjustments; he noted that retirement plans were being eliminated in general, while most private companies were implementing 401k plans, with a six percent matching contribution. Continued discussion ensued regarding the proposed changes to the Pension Plan. Ms. Shawver interjected that only employees hired after July 1, 2014 would be impacted by changes to the retirement system unless current employees chose to change to the new system. Council Member Lea suggested that emphasis be placed on the fact that current employees will not be impacted by the proposed changes. PRO The City Manager reminded the Council that the City of Roanoke was unlike - w other localities in crisis having to make significant changes to its current employee retirement benefits. Vice-Mayor Rosen wondered why the cost of living cap was set at four percent instead of three percent; whereupon, Ms. Shawver explained that a four percent cap would allow the City's Plan to be a little more competitive with the VRS model. He followed up by asking if the difference in percentage costs could be estimated. Ms. Shawver remarked that said information would be determined and shared with the Council at a later date. Mayor Bowers also inquired if current employees, upon retirement, would receive monthly cash supplements; whereupon, Ms. Shawver replied that current employees would have the option to determine what is best for them and thereafter, make the necessary changes. Council Member Ferris inquired if the implementation of the retirement health savings account would need to be concurrent with the implementation of the pension plan in order for both to be equitable across the board for new hires and current employees. The Director of Finance thought implementation of both new programs at 0.+ the same time would make the most sense, and because the effective date would be July 1, 2014, there would be time to consider dates. -+ 161 Conversation was held regarding the difference in earnings based upon the hiring dates being June 30 and July 1. The Director of Finance continued that staff recommends that all employees be moved toward contributing, with the intent of offsetting the cost with a salary increase in order to avoid a net pay reduction. Following accolades by Members of the Council to the staff, the presentation was received and filed. (See copy of presentation on file in the City Clerk's Office.) At 1:17 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., for a Closed Meeting to be held in the Council's Conference Room, Room 461, fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, Raphael E. Ferris and Mayor David A. Bowers-5. ABSENT: Council Members William D. Bestpitch and David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. STATE OF EMERGENCY: The City Manager submitted a written communication declaring a state of emergency to exist within the City of Roanoke based on information from the State and from the City's Emergency Management Coordinator, and requesting Council to confirm the action by resolution. (For full text, see communication on file in the City Clerk's Office.) 162 Council Member Ferris offered the following resolution: (#39430-070212) A RESOLUTION confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. (For full text of resolution, see Resolution Book No. 75, page 429.) Council Member Ferris moved the adoption of Resolution No. 39430-070212. The motion was seconded by Council Member Lea. Sherman Stovall, Assistant City Manager for Operations, and Mike Guzo, Emergency Services Coordinator, briefed the Council on the results of the recent storm event that impacted the Roanoke area. Accolades were expressed to City department employees on a job well done. Mr. Guzo encouraged citizens to be good neighbors and take care of each other. He encouraged anyone who would like to volunteer to call 211 or to contact Andrea Martin at the City of Roanoke. There being no further inquiries by the Council, Resolution No. 39430-070212 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT-FIRE/EMS DEPARTMENT: Tobey Anne Allen, Community Safety Seat Training Coordinator, Virginia Department of Health, presented Community Outreach Awards to Tiffany Bradbury, Fire Prevention Specialist; and Jill Lucas, Carilion Clinic. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. MISCELLANEOUS: Robert Gravely appeared once again before the Council and shared information regarding his termination as a City employee. 163 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to a request from the City Manager for a public hearing to be scheduled before the Council. SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 16, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyance of City-owned property in the Coyner Springs area of Botetourt County to Ned B. Jeter, II, and Darrell B. Jeter, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. " NAYS: None-O. (Council Members Bestpitch and Trinkle were absent.) CITY GOVERNMENT-ELECTIONS: A communication from Melvin E. Williams, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the Republican Party Primary Election held in the City of Roanoke on Tuesday, June 12, 2012 was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-O. (Council Members Bestpitch and Trinkle were absent.) 164 OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: Report of qualification of Marlene Preston as a member of the Roanoke Public Library Board for a �+ three-year term of office ending June 30, 2015. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: JEFFERSON CENTER: David I. Tenzer, Chairman, Board of Directors; and •-.1 Cyrus Pace, Executive Director, The Jefferson Center Foundation, shared information regarding accomplishments for the year ending June 30, 2012, as well as plans for the new season. (For full text, see documents on file in the City Clerk's Office.) Following presentation, the Mayor advised that comments would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ELMWOOD PARK: The City Manager remarked that the previous briefing on Elmwood Park had shown the overall concept and details pertaining to the North end of the park. He advised that since that time a great deal of work had been done on the performance venue and the area adjoining the public library. 165 David Hill, Architect, Hill Studios, and Phil Schirmer, City Engineer, shared the following highlights regarding the project: A Very Valley Team Elmwood Park Design Progress Hill Studio Spectrum Design South Lawn & Stagesound Performance Venue Mattern &Craig Engineering Consulting Services Save Utilities Inc. July 2, 2012 Hummer Construction Resources 1717 Design Georgia Fountain Company r .. ., ....ii .0 C — -- loyground o'A Ages �� ��� qa Playground for all Ages or IT r w s i= e .s 0�/ e `k 166 'r - 'Q 11Y . f . Yl , > s e ,n..noP., .r, 0 Ma /40.= i C e,M9 J/ fop 0 ,.n ..< 0 0-40 167 .. , . . .. , -,...a ..„ I a t 1 .... ' •I• 4 i= iC I-ir „ IA 1 ■• II i .. 1 ' --'' -- • I. k ...J._ . _ ..- ,..ithAits Mils° _ ., . . ..- . ... 4 I 1/4. - k 4 .. . 168 South Lawn i «.. G F m.vml-h Xc• M ell1 k _ pct ° m j'. r.. with-frees , A m fe ` k i5 I 'a r iS ' 0111 . ••11 169 Mill Mountain Greenway I i I }aP i . II .111 XL Performance Venue = '" 170 .. la it e . , , �ee �« n 5 FveM$�aWq umv+a. Terraces 1356 Wino 243 course Aer Car Tables Box o Goeb 5 ' .n4 )se: 4300 0 `"'°' rrmlmnr 1& i J G ...,-i., 5 •.r 171 Interactive Fountain • M I ` is 0 n___ —S,rtam Jet Nozzle � 4 .49.,... ,4,.... ..... . . Ma v 172 s 4i° l a Eh in.,a ,k i oTrxr M.N Ping r ..r Stage House .4, ,an ..e r ....xc. - .,.� G ` " '' .w me a� :.. . ��� ie e 173 ,� INS M(,va r Man.rtm View it Pergola 15 1 1Llabc1 1 T Ibr Iv errce Singe left Outermost Seer 174 „age RicAil alermeseol East Wing AC him..x.c] . ,m...,,ng F woe For and Center Slope and l our'oie 0 _ ,i v ...nunn9 b Concessions Plaza ° ' 1411. 0 0 ri 175 lb, ■ ; , „. pct . ir is ; , . _ ...., • ,... , rp . : ,.,....�. 0 ,,, M,r.. ..F d Schedule Fall, 2012 Park Closed North End Sitework Begins South End Sitework Begins Fall 2013 Park Reopens . - Council Member Price asked if Elmwood Park would be closed on October 16 inasmuch as the Henry Street Festival was scheduled for September 15 because it was her understanding that the Park would be closed prior to the September 15 date; whereupon, Mr. Hill responded that the target date was October 16. The City Engineer, shared information regarding the timeline for the Elmwood Park project, adding that City staff was working with vendors and promoters that are scheduled to hold events during said time period to either reschedule events or to locate another venue. Council Member Lea inquired if Elmwood Park would remain open until October 15, 2012; whereupon, Mr. Schirmer responded that the intention was to keep the park open until October 16, with the construction duration being approximately 12 months; adding that there was some uncertainty as to whether or not the park would be open by the fall of 2013. ..� 176 In response to Mr. Schirmer's comments about the timeline for the Elmwood Park project, the Director of Parks and Recreation added that Phase I construction is anticipated to commence July 16 and any events scheduled thereafter would be moved, that he plan to contact the promoters to explain the later start date and provide them with the opportunity to hold events in Elmwood Park prior to October 16. Council Member Ferris called attention to the change in the closing date, and mentioned the lack of contact to vendors. Mr. Buschor pointed out that the change in date for closure of Elmwood Park had just been changed the week prior. Council Member Ferris asked staff to expound on the change in the closing date; whereupon, Mr. Schirmer responded inasmuch as it was not wise to award a contract based on a single bid, the City changed its strategy to combine the two bid packages and thereafter, advertised the bid in mid-August. Council Member Ferris inquired if the budget for the Elmwood Project was $4.7 million; whereupon, Mr. Schirmer responded that the construction budget was approximately $4 million, with the total project budget approximately $4.7 million. Following dialogue about the cost of the project, Council Member Ferris commented that he would prefer to see the project proceed in a timely manner; and he also expressed concern that if changes should be deemed necessary, perhaps they could be made in a timely manner so that the project could be completed on time and within budget. Mr. Schirmer assured the Council that a strategy had already been �. developed based on input from the team and comments from the stakeholders. Bill Tanger appeared before Council and stated that the parking spaces on Bullitt Avenue, S. W., were more valuable to the City than a flower bed walkway, and urged the Council to consider other alternatives to the elimination of 24 key parking spaces which were critical to the City Library, City youth, economically disadvantaged and the City as a whole. Following Mr. Tanger's remarks, Mayor Bowers asked the City Manager to make certain Mr. Hill and Mr. Luther contact Mr. Tanger to address his concerns. There being no additional questions and/or comments from the Council, the Mayor advised that the presentation would be received and filed. He also expressed appreciation to Mr. Hill for the presentation. ITEMS RECOMMENDED FOR ACTION: GREENWAY: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Conservation and Recreation to assist in the development of a trailhead/parking facility for the Roanoke River Greenway trail at Bridge Street. •• (For full text, see communication on file in the City Clerk's Office.) 177 Council Member Ferris offered the following resolution: (#39431-070212) A RESOLUTION authorizing the acceptance of Virginia Recreational Trail Funds from the Virginia Department of Conservation and Recreation, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, and administer such grant. (For full text of resolution, see Resolution Book No. 75, page 431.) Council Member Ferris moved the adoption of Resolution No. 39431-070212. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) Council Member Ferris offered the following budget ordinance: (#39432-070212) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Recreational Trails Grant, amending and reordaining certain sections of the 2012-2013 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 431.) Council Member Ferris moved the adoption of Budget Ordinance No. 39432- 070212. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) DONATION-PUBLIC ARTS: The City Manager submitted a written communication recommending acceptance of art for the City's public art collection from the Dorothy Muriel Gillespie Foundation. (For full text, see communication on file in the City Clerk's Office.) 178 Council Member Lea offered the following resolution: (#39433-070212) A RESOLUTION accepting and expressing appreciation for the donation of a piece of art titled "Bon Voyage" from the Dorothy M. Gillespie Foundation for the Public Art Collection. (For full text of resolution, see Resolution Book No. 75, page 432.) Council Member Lea moved the adoption of Resolution No. 39433-070212. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) PUBLIC ARTS ACTION PLAN: The City Manager submitted a written communication recommending approval of an additional project to the Public Art Action Plan for Fiscal Year 2012; and transfer of funds in connection therewith. (For full text, see communication on file in the City Clerk's Off ce.) .. Council Member Price offered the following resolution: (#39434-070212) A RESOLUTION approving the purchase of a piece of art for the Public Art Work Plan 2012 for placement in the Vic Thomas Park. (For full text of resolution, see Resolution Book No. 75, page 433.) Council Member Price moved the adoption of Resolution No. 39434-070212. The motion was seconded by Vice-Mayor Rosen and Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) 179 Council Member Price offered the following budget ordinance: (#39435-070212) AN ORDINANCE to transfer funding from the Temporary Public Art Exhibition II and the Percent for the Arts capital projects to the General Fund for the purchase of a piece of art work, amending and reordaining certain sections of the 2012-2013 General and Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 434.) Council Member Price moved the adoption of Budget Ordinance No. 39435- 070212. The motion was seconded by Vice-Mayor Rosen and Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) THERAPEUTIC RECREATION SERVICES: The City Manager submitted a written communication recommending execution of an agreement with the County of Roanoke for continuation of therapeutic recreation services. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39436-070212) A RESOLUTION authorizing the City Manager to enter into an agreement with Roanoke County Parks, Recreation and Tourism for the continuation of therapeutic recreation services, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 75, page 435.) Council Member Price moved the adoption of Resolution No. 39436-070212. The motion was seconded by Vice-Mayor Rosen. Council Member Price asked the City Manager to give an explanation of the exciting collaboration with Roanoke County on the benefit of citizens with disabilities; whereupon, Mr. Morrill explained that the program had been in place since 1987 and it was a great example of the City of Roanoke working with Roanoke County who has a nice facility and provides a service to citizens of the City, adding that more avenues for ►- collaboration should be explored. 180 There being no further inquiries by the Council, Resolution No. 39436-070212 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) COMMENTS BY CITY MANAGER Mill Mountain Star: • The color of the Mill Mountain Star will be changed to red, white and blue on Tuesday evening for the July 4 holiday. It will return to white on Thursday. All America City Award: • A delegation of representatives from the City of Roanoke traveled to Denver, Colorado, last week to represent our city at the National Civic League's All America City Conference. Roanoke was one of 32 finalists selected from more than 100 entries across the country selected. This afternoon, we have learned that Roanoke has been selected as a winner. It was an honor to be selected as an All-America City Award winner for Roanoke's 'Star City Reads' campaign • Special thanks go to our partners-Roanoke City Public Schools, United Way of Roanoke Valley, Smart Beginnings of Greater Roanoke, Total Action against Poverty, Roanoke Public Libraries, Blue Ridge Literacy, and Drs. Craig Ramey and Sharon Ramey from the Virginia Tech Carilion Research Institute—for their contribution to the development of this campaign. Fallon Park Pool: • Restoration is now complete at Fallon Park Pool, and it will open for the season on Friday, July 13. • The pool will be open on Fridays and Saturdays from noon to 7:00 p.m., and Sundays from noon to 6:00 p.m. • Washington Park Pool will resume normal summer hours on Monday, July 16, and will be open on Mondays, Tuesdays, and Thursdays from noon until 6:00 p.m. 181 Recognition: • The City of Roanoke will be featured in the September/October 2012 issue of Where to Retire Magazine. The article will promote Roanoke as one of the top places to retire. • The State of the City Address will be held on July 19, in Fitzpatrick Hall at The Jefferson Center, 7:30 a.m. breakfast, and 8:00 a.m. -9:00 a.m. speech. In connection with an article about Roanoke in the Boston Globe, Mayor Bowers asked the City Manager to circulate a copy to the Members of Council. The Mayor also asked that the City Manager arrange a celebration in recognition of the City receiving the All-America City Award. The City Manager responded that staff would pull all of the partners together, along with some of the children that had already benefited from the programs associated with the award. Mayor Bowers questioned if the fireworks and ceremonies for Wednesdays July 4 celebration would proceed as planned due to the impact from the June 29 storm. The City Manager answered in the affirmative. The Mayor pointed out that the City's contributions to funding and in-kind contributions for the July 4 celebration were approximately $26,000.00. The City Manager indicated that the City provided a great deal of in-kind services including free busses in order for the celebration to take place. CITY ATTORNEY: CITY CODE: The City Attorney submitted a report recommending readoption and reenactment of the Code of the City of Roanoke, (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39437-070212) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 435.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39437-070212.The motion was seconded by Council Member Ferris. Ther Acting City Attorney explained that the readoption and reenactment to the Code was to ensure compliance with the Code of Virginia. Mr. Ferris advised that in past years, defense attorneys had been able to have cases dismissed because .. localities had not re-incorporated new statutes of the Code of Virginia by reference. 182 There being no additional comments, Ordinance No. 39437-070212 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Trinkle were absent.) DIRECTOR OF FINANCE: The Director of Finance submitted the Financial Report for the month of May 2012. (For full text, see Financial Report on file in the City Clerk's Office.) Following a summary of the Financial Report by the Director of Finance, Council Member Rosen pointed out that many localities are stagnant in revenue and the City of Roanoke was not stagnant and had positive upward trends. Council Member Ferris followed up by saying the City had seen real growth and not growth from tax increases as other localities had been forced to implement; and that Members of Council and Members of the School Board had held a progressive dinner the week prior in celebration of the sun setting of the meals tax. He encouraged everyone to continue eating for education because 40 percent of Roanoke City's budget was earmarked for Roanoke City Schools and even though the two percent tax had expired, 40 cents of every dollar of taxes collected by the City of Roanoke goes directly to Roanoke City Public Schools. Without objection by the Council, the Mayor advised that the Financial Report for the month of May 2012 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: CITY CODE: The City Attorney submitted a written communication recommending an ordinance amending the City Code combining the Board of Fire Appeals and the Local Board of Building Code Appeals (For full text, see communication on file in the City Clerk's Office.) 183 r• Vice-Mayor Rosen offered the following ordinance: (#39438-070212) AN ORDINANCE amending §7-7, Building code board of appeals created; composition, of Article II, Building Code, of Chapter 7, Building Regulations, and §12-8, Amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 437.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39438-070212.The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. NAYS: None-O. (Council Members Bestpitch and Trinkle were absent.) • MOTIONS AND MISCELLANEOUS BUSINESS: • INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: • Mayor Bowers remarked that City staff met with Laverne Shepherd, City Registrar, to discuss public meetings regarding the proposed plan to reduce the number of voting precincts; and he announced that it was anticipated that five public meetings would be held during the month of August, with one meeting being held in each quadrant of the City and one in the Municipal Building. He explained that the meetings would be presented in an "open house" format so that the public may view the proposed changes, ask questions, seek additional information from staff and make comments for the record. In addition to the public meetings, he mentioned that the Registrar planned to meet with representatives from the NAACP, the SCLC and other groups. • During the celebration of Independence Day on Wednesday, July 4, Council Member Lea asked everyone to remember that the Roanoke community had been devastated and several city residents continue to be without electricity. He implied that if City funds had not already been spent on fireworks, he would have proposed that the funding be used for assistance to city residents in need. 184 VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to the expiration of the term of office of Thomas W. Ruff as a Citizen at Large representative of the Towing Advisory Board ending October 31, 2011; whereupon, he opened the floor for nominations. Council Member Lea placed in nomination the name of Randall Simmons. There being no further nominations, Mr. Simmons was appointed to replace Thomas W. Ruff as a Citizen at Large representative of the Towing Advisory Board for a term of office ending October 31, 2014, by the following vote: FOR MR. SIMMONS: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. OATHS OF OFFICE-ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: The Mayor called attention to the upcoming expiration of the terms of office of Adam Boitnott, Duane Smith and Edward Garner as Commissioners of the Roanoke Redevelopment and Housing Authority ending August 31, 2012; whereupon, he opened the floor for nominations. Council Member Lea placed in nomination the names of Adam Boitnott and Edward Garner. There being no further nominations, Messrs. Boitnott and Gamer were reappointed as Commissioners of the City of Roanoke Redevelopment and Housing Authority for four-year terms of office ending August 31, 2016, by the following vote: FOR MESSRS. BOITNOTT AND GARNER: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. Council Member Lea moved that the City residency requirement for Mr. Boitnott be waived in this instance. The motion was seconded by Council Member Ferris and adopted by the following vote: FOR MR. BOITNOTT: Council Members Lea, Price, Rosen, Ferris and Mayor Bowers-5. (Council Members Bestpitch and Trinkle were absent.) 185 BUILDING AND FIRE CODE APPEALS: Pursuant to Ordinance No. 39438- .- 070212 amending the City Code combining the Board of Fire Appeals and the Local Board of Building Code Appeals, the following individuals were appointed for the following staggered terms, effective July 1: Barry Baird - three years William Holland - two years Justina Meggison -one year Nelson Reed -three years Dan Brokaw-two years Kirk Bates -one year Justin Biller- three years Vacancy-two years Vacancy- one year At 4:14 p.m., the Mayor declared the Council meeting in recess for continuation of a Closed Meeting in the Council's Conference Room, Room 461, fourth floor, Noel C. Taylor Municipal Building. At 8:13 p.m., the Council meeting reconvened, Vice-Mayor Rosen presiding, with all Members of Council present except for Council Members Bestpitch and Trinkle who were absent; and Mayor Bowers departed the Closed Session to attend the Open House in the Mayor's Office from 4:00 p.m. - 6:00 p.m. COUNCIL: With respect to the Closed Meeting just concluded Council Member Ferris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Ferris and Vice-Mayor Rosen-4. NAYS: None-0. (Council Members Bestpitch and Trinkle and Mayor Bowers were absent.) 186 CITY COUNCIL PERSONNEL COMMITTEE: Inasmuch as the City Council Personnel Committee having met on June 25 at 12:45 p.m., for the purpose of interviewing potential candidates for City Attorney's position, the Certification of Closed Meeting was not offered prior to its adjournment at 6:00 p.m. due to a lack of a quorum. Therefore, the following Certification was introduced for action following the regular meeting session of the City Council: COUNCIL: With respect to the Closed Meeting just concluded Vice-Chairman Lea moved that each Member of the City Council Personnel Committee certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Chairman Price and adopted by the following vote: AYES: Council Members Lea, Rosen, Ferris and Chairman Price-4. NAYS: None-O. (Council Members Bestpitch and Trinkle and Mayor Bowers were absent.) There being no further business, Vice-Mayor Rosen declared the Council meeting adjourned at 8:15 p.m. APPROVED ATTEST: St Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 187 • ROANOKE CITY COUNCIL—REGULAR SESSION July 16, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, July 16, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Court G. Rosen, David B. Trinkle, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-5. ABSENT: Council Members William D. Bestpitch and Anita J. Price. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. • Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Mayor Bowers thanked all of the City employees who helped citizens with the cleanup effort after the Derecho storm that passed through the City of Roanoke. He also thanked those who had contributed to the successful visit of President Barack Obama to the City. Mayor Bowers stated that at the July 2 Council meeting, it was announced that Roanoke had been recognized as an All-America City for the sixth time and that no other City in America had said recognition. He announced that a breakfast was scheduled for July 24 at 8:30 a.m., at the Gainsboro Library for the team that had traveled to Denver, Colorado, the Members of Council and the public. He added that the City Manager was working on recognizing the team and presenting the Award at a future Council meeting. Mayor Bowers reminded everyone that the State of the City Address was • scheduled for Thursday, July 19 at 7:30 a.m., (breakfast), ticketed event sponsored by the Roanoke Valley Chamber of Commerce, and the message scheduled for 8:00 a.m. – 9:00 a.m., in Fitzpatrick Hall at The Jefferson Center. 188 • CITY ATTORNEY: Council Member Lea, Vice-Chair, Roanoke City Council Personnel Committee, announced that the Committee had selected Daniel Callahan, Attorney from New Hampshire, to fill the City Attorney position vacated by William M. Hackworth. He also shared information regarding the selection process for a City Attorney for the City of Roanoke, adding that Mr. Callahan was an attorney with Devine, Millimet & Branch, one of the largest law firms in New Hampshire, an undergraduate and law graduate from Villanova University and had been in private practice since obtaining his Juris Doctorate. Vice Chair Lea said that Mr. Callahan had vast experience in working to navigate the complex political policy maze that is common to state legislators and he had demonstrated the ability to create cohesive teams that work to find solutions; and in conclusion, he pointed out that Mr. Callahan would begin his employment with the City of Roanoke on October 17 and would be formally appointed as the City Attorney upon admission to the Virginia State Bar, adding that he was also the brother-in-law of the City Manager. Vice Chair Lea thanked Mr. Timothy R. Spencer, Acting City Attorney, for his service to the City of Roanoke and for graciously agreeing to continue to serve in that capacity until Mr. Callahan has been admitted to the Virginia State Bar. Mr. Callahan expressed appreciation to the Council for the opportunity to serve the City and its citizen. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. URANIUM MINING: Dr. M. Rupert Cutler appeared before the Council and thanked the Members of Council for passing a resolution on November 21, 2011, that placed the Council on record in opposition to lifting the moratorium on uranium mining in Virginia in the 2012 Session of the General Assembly. He also announced that the Cabell Brand Center for Global Poverty and Resource Sustainability of Salem was presenting a public forum on uranium mining in Virginia from 8:30 a.m. to 3:30 p.m., in the Whitman Theater at Virginia Western Community College on Friday, July 27, adding that the registration fee of $25.00 includes lunch; and he urged the Council and City's executive staff to attend. In conclusion, he noted that additional information was available at www.cabellbrandcenter.orq. (See a copy of comments on file in the City Clerk's Office.) 189 Council Member Lea noted his appreciation of the due diligence by Dr. Cutler in educating the public about uranium mining; and he, too, urged all citizens to attend the July 27 public forum on uranium mining, which he considered to be an educational opportunity. The City Manager noted that the City of Roanoke Emergency Management and Environmental staff would be attending the forum. GREENWAYS-ECONOMIC DEVELOPMENT: David Courey appeared before the Council to offer praise for the development of the greenways in the Roanoke Valley; and also to suggest a program be implemented to allow private individuals to help finance the greenways by dedicating benches, pavers, etc., for a nominal fee, if such a program did not exist. (See a copy of comments on file in the City Clerk's Office.) Without objection, the Mayor referred Mr. Courey's remarks to the City Manager for followup. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. PURCHASE/SALE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider conveyance of City- owned property at 802 Wiley Drive, S. W., former site of the Virginia Transportation Museum, to 5311 Holdings, LLC., was before the body. (See communication on file in the City Clerk's Office.) (Per email from R. Brian Townsend, Assistant City Manager for Community Development, dated August 15, 2012, notifying the Council that since City staff has identified certain conditions that were placed in the deed to the property when it was purchased by the City in 1938, the public hearing on the matter was not advertised.) 190 Council Member Lea moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) OATHS OF OFFICE-ROANOKE VALLEY JUVENILE DETENTION CENTER COMMISSION-ROANOKE NEIGHBORHOOD ADVOCATES AND ROANOKE ARTS COMMISSION: Reports of qualification of the following individuals: Ann H. Shawver as the City representative of the Roanoke Valley Juvenile Detention Center Commission for a four-year term of office ending June 30, 2016; Asia Smith as a member of the Roanoke Neighborhood Advocates for a three-year term of office ending June 30, 2015; and Amy Moorefield and Jeanne Fishwick as members of the Roanoke Arts Commission for three-year terms of office ending June 30, 2015, was before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Lea moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Bestpitch and Price were absent.) 191 REGULAR AGENDA: PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-DRUGS-GRANTS: The Commonwealth's Attorney submitted a written communication recommending acceptance of funding for a Drug Prosecutor 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.) Vice-Mayor Rosen offered the following resolution: (#39439-071612) 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. 75, page 439.) Vice-Mayor Rosen moved the adoption of Resolution No. 39439-071612. The motion was seconded by Council Member Lea. Council Member Ferris stated that the Regional Drug Prosecutor was truly a regional effort that had been in place since the late 1980's, adding that this was another example of how Roanoke was attempting to work with other localities regionally. There being no further comments, Resolution No. 39439-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) 192 Council Member Rosen offered the following budget ordinance: .. (#39440-071612) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 440.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39440-071612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) ELECTORAL BOARD-VOTING: Joint communication from Lavern G. Shepherd, General Registrar, and Melvin E. Williams, Secretary, City of Roanoke Electoral Board, recommended approval of a request to temporarily relocate the Raleigh Court Elementary School No. 4, Precinct No. 28 polling site to the Lakeland Masonic Lodge ^� 190, 2742 Grandin Road, S. W. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39441-071612) AN ORDINANCE amending and reordaining Sec. 10-64, Same--Voting place, Code of the City of Roanoke (1979), as amended, to provide for the temporary relocation of the polling location for the Raleigh Court Precinct No. 4; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 441.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39441-071612. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) ,.,� 193 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-POLICE-YOUTH: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the 2013 Internet Crimes Against Children Grant from the U. S. Department of Justice to the Roanoke Police Department in support of law enforcement efforts to protect children from internet crimes. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39442-071612) A RESOLUTION authorizing acceptance of the Internet Crimes Against Children (ICAC) Grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the • City. (For full text of resolution, see Resolution Book No. 75, page 442.) Council Member Trinkle moved the adoption of Resolution No. 39442-071612. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) Council Member Rosen offered the following budget ordinance: (#39443-071612) AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Internet Crimes Against Children grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 443.) 194 Council Member Trinkle moved the adoption of Budget Ordinance No. 39443- .. 071612. The motion was seconded by Vice-Mayor Rosen and adopted by the following ,.. vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) BUDGET-GRANTS-FORESTRY: The City Manager submitted a written communication recommending acceptance and execution of a Memorandum of Understanding Agreement for an Urban and Community Forestry Grant to the Parks and Recreation Department to staff a part-time Urban Forestry Planner. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39444-071612) A RESOLUTION authorizing the acceptance of a FY 2012 Urban and Community Forestry Grant to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related .. activities and on Tree Stewards Training and projects, and authorizing the execution of the necessary documents, upon certain terms and conditions. .� (For full text of resolution, see Resolution Book No. 75, page 444.) Vice-Mayor Rosen moved the adoption of Resolution No. 39444-071612. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) Vice-Mayor Rosen offered the following budget ordinance: (#39445-071612) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2012-2013 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. —„(For full text of ordinance, see Ordinance Book No. 75, page 445.) 195 Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39445-071612. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Bestpitch and Price were absent.) BUDGET-CAPITAL PROJECTS-STREETS: The City Manager submitted a written communication recommending transfer of funds in connection with the replacement of crosswalks at Wells Avenue between Williamson Road and North Jefferson Street. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following budget ordinance: (#39446-071612) AN ORDINANCE to appropriate funding from Capital Improvement Reserve Contingency for the Wells Avenue Crosswalks Project, amending and reordaining certain sections of the 2012-2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 446.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39446-071612. The motion was seconded by Council Members Lea and Trinkle. The City Manager explained that the proposed replacement of the crosswalk will consist of completely demolishing the crosswalks, repave the areas with asphalt and thereafter, install new crosswalks with the Streetprint XC material that has been used successfully in several locations around the City. In addition, he remarked that the approach would be used on ten crosswalks — four at Jefferson Street, one midblock at The Hotel Roanoke Conference Center, four at Commonwealth Avenue, and one at Williamson Road; and existing concrete and brick crosswalks at Wells Avenue and Gainsboro Road and along Gainsboro Road would remain as those crosswalks were built using a different technique and similar concerns have not occurred. 196 Following the City Manager's comments, Budget Ordinance No. 39446-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending execution of a Performance Agreement between the City of Roanoke, Economic Development Authority of the City of Roanoke, and Roanoke River Associates, LLC, for development of certain properties in the South Jefferson Redevelopment Area (the Roanoke Riverfront District). (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39447-071612) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Roanoke River — Associates, LLC, (RRA) that provides for certain undertakings by the parties in connection with the development of certain property located east of South Jefferson Street and adjacent to the Roanoke River, in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 447.) Council Member Ferris moved the adoption of Ordinance No, 39447-071612. The motion was seconded by Vice-Mayor Rosen and Council Members Trinkle and Lea. The City Manager advised that staff and developers have been working on the river development project for approximately two years and had produced a concept that would create an incredible opportunity near the Virginia Tech/Carillon Medical School and would be considered as an extension of downtown. He further advised that the project would include 22 acres of former industrial land and some historical buildings, and that the City would invest $2 million upfront to be used by the developer to build the initial streets, restore an historic building and build a new building; and after the initial construction, the developer would be able to apply for a grant for up to 75 percent of any revenue directly generated by the project based on expenditures. 197 Following positive comments by Members of the Council in connection with the proposed project, Mr. Morrill continued with his remarks, adding that the manner in which the project was structured would not impact any other capital plans, and pointing out that investments would continue in neighborhoods, libraries and greenways. Mayor Bowers recognized City staff and the others that had worked on the project, and mentioned that over $100 million had already been spent and an investment company was coming forward to invest another $100 million in the City of Roanoke. There being no additional comments or discussion regarding the matter, Ordinance No. 39447-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) POLICE-DEMOCRATIC CONVENTION: The City Manager submitted a written communication recommending execution of a temporary Intergovernmental Agreement for law Enforcement Services with Charlotte-Mecklenburg in preparation for, during and after the 2012 Democratic National Convention. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39448-071612) AN ORDINANCE authorizing the City Manager to negotiate and execute a Temporary Intergovernmental Agreement ("Agreement"), with the City of Charlotte, North Carolina Charlotte Police Department ("City of Charlotte") concerning use of Police Department personnel for the 2012 Democratic National Convention ("Convention"), 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. 75, page 448.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39448-071612. The motion was seconded by Council Members Lea and Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) 198 WWI SOLID WASTE-SOVEREIGN IMMUNITY-EQUIPMENT: The City Manager submitted a written communication recommending authorization to waive the City's sovereign immunity; and ratification and execution of a rental agreement with Power Line Rent-E-Quip, Inc. (PLREI) for use of a knuckleboom truck in connection with the ongoing cleanup of vegetative debris by the Solid Waste Management Division. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39449-071612) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's emergency rental of a 2006 International 4300 Peterson Lightning Loader to aid in the removal of yard debris after the storm event of June 29, 2012, and authorizing and ratifying a rental agreement dated July 9, 2012, with Power Line Rent-E-Quip, Inc., to rent such equipment. (For full text of resolution, see Resolution Book No. 75, page 449.) Council Member Trinkle moved the adoption of Resolution No. 39449-071612. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) CITY CODE-PENSION-CITY EMPLOYEES: Joint communication from the City Manager and Director of Finance recommending an amendment of the City Code with regard to retirement benefits for Roanoke City employees, effective July 1, 2014. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39450-071612) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 22.2, Pensions and Retirement, consisting of §§22.2-1 through §§22.2-75, and enacting a new Chapter 22.3, Pensions and Retirement, consisting of §§22.3-1 through §§22.3-79, 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. 75, page 450.) 199 Vice-Mayor Rosen moved the adoption of Ordinance No. 39450-071612. The motion was seconded by Council Members Ferris and Lea. The City Manager advised that the Pension Reform Project had been a two year project. He pointed out that government pensions had been a national issue; and that the New York Times, the LA Times and the Wall Street Journal had reported that some localities did not have good pension plans, did things that were not appropriate because they were designed in the 1950's or 1960's and had not been updated to meet the changing needs of employees, which caused localities to make changes after reaching a state of crisis. He further advised that the City of Roanoke's Pension Plan predated the Virginia Retirement System, insinuating that the City had always been prudent in the planned design, had always made the required contributions and were able to make deliberate and data driven decisions about the Plan; and that small changes to the Plan would ensure retirement security for employees and would be financially responsible. The Director of Finance reflected information previously shared with the Council, emphasizing that proposed modifications to the retirement plan would not impact current employees unless they chose to change their status. She indicated that proposed changes would include an optional hybrid plan that might appeal to the more mobile work force, a health savings account that would increase the level of benefit compared to the current supplement while reducing the cost to the public, adding that a cost of living formula would be put in place for retirees. Ms. Shawver advised that as a result of the recommendations, the City's contribution rate was projected to be 1/3 lower in 20 years than at the same track without changes; and based on the current payroll, the average savings would be five and one half million dollars annually. Dialogue was held regarding concerns expressed by several public safety employees about the difference in the current and proposed plans; whereupon, Ms. Shawver concluded that City staff had gone through an exhaustive process to receive employee feedback and dialogue. Council Member Lea said that he did not disagree that the recommendation was a strong one for regular employees but he thought the question was in regard to public safety employees and whether they had been given the opportunity to talk with the committee. He noted that as a Council Member for all employees, he wanted to make certain that all employees were heard and aware of the proposed changes. He advised that the public safety employees wanted to have further dialogue on the matter and questioned if it was imperative that the Council took action on the matter today. Ms. Shawver said that there was no urgency as to when Council took action. 200 Council Member Rosen commented that the process had been on-going for two years and that he had spent two and one half hours the previous week discussing the proposed plan with staff; that the proposed plan was a long-term decision that had a review built-in for every five years; and he encouraged the Council to move forward. Rodney Jordan and J. J. Price appeared before the Council and expressed their concerns regarding the proposed plan. (Please see copy of charts on file in the City Clerk's Office.) After having extensive dialogue regarding the matter, Ordinance No. 39450- 071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Bestpitch and Price were absent.) COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Storm Cleanup • The City of Roanoke's Solid Waste Management Division will continue to collect storm debris Monday through Saturday, July 16 to July 21. o So far, a total of 947 individual loads — 1,357 tons — of debris have been collected. o Crews are currently working in the northwest part of the city. This is "bulk collection" week, so crews will be collecting bagged and boxed bulk items as well. No large bulk items are being collected. o We ask citizens to keep the roads clear of parked vehicles where brush piles are stacked. This allows crews to access and remove the debris. o The city thanks its customers for their patience as crews continue to manage the record-breaking quantities of storm debris. 201 Fallon Park Pool • • Fallon Park Pool officially opened for the season on Friday at noon. o It will be open on Fridays and Saturdays from noon to 7:00 p.m. and on Sundays from noon to 6:00 p.m. • Washington Park Pool is open on Mondays, Tuesdays, and Thursdays from noon to 6:00 p.m. Pool season will end on Sunday, August 12. Synthetic Drug Seminars • On July 19, the Synthetic Drug Awareness Coalition will host two Roanoke Valley Synthetic Drug Seminars. Citizens are encouraged to attend either of these events: o Roanoke Police Academy, 5401-B Barnes Avenue, N.W., from 6:30 p.m. to 8:30 p.m. o South County Library, 6303 Merriman Rd, from 7:00 p.m. to 9:00 pm. o For the past several months, local public safety agencies have been concerned with public safety and health issues involving synthetic drugs. o Likewise, Carilion health and medical professionals have been concerned about the rise in health issues related to the use of synthetic drugs. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: • INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. • VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. 202 At 4:15 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. .. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-5. ABSENT: Council Members William D. Bestpitch and Anita J. Price. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann R. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ^� PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: Council Member Trinkle offered the following resolution memorializing the late Robert Slaughter: (#39451-071612) A RESOLUTION memorializing the late John Robert "Bob" Slaughter, a longtime resident of the City of Roanoke and a D-Day veteran. (For full text of resolution, see Resolution Book No. 75, page 504.) Council Member Trinkle moved the adoption of Resolution No. 39451-071612. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) Following favorable comments by Members of the Council, the Mayor called for a Moment of Silence. 203 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 16, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Duoc Nguyen and Pho Thi Lam to amend conditions proffered as part of a rezoning on properties located at 4129 and 4135 Salem Turnpike, N.W., bearing Tax Nos. 6050101 and 6050102, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 29 and Friday, July 6, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the request to repeal the proffered conditions applying to the property. It was reported that the application is consistent with the City's Comprehensive Plan, Peters Creek South Neighborhood Plan, and Zoning Ordinance as the existing commercial properties in an identified neighborhood center will be able to have the full range of land uses possible within the Commercial-Neighborhood district. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39452-071612) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal conditions pertaining to properties located at 4129 and 4135 Salem Turnpike, N. W., bearing Official Tax Nos. 6050101 and 6050102, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 506.) Council Member Lea moved the adoption of Ordinance No. 39452-071612. The motion was seconded by Council Member Trinkle. Cristina Servellon, 2827 Huntington Boulevard, N. W., appeared, on behalf of Duoc Nguyen, in support of the request. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 204 There being no questions and/or comments by the Council Members, Ordinance No. 39452-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 16, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of The Rescue Mission of Roanoke, Incorporated, to permanently vacate an alley off of 4th Street, S. E., adjacent to Official Tax Map Nos. 4012110, 4012107, 4012115, 4012116, 4012117, 4012118 and 4012119, for a total area of 7,716 square feet, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 29 and Friday, July 6, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation of the alley request. It was reported that existing utilities (sanitary sewer) will require retention of a public utility easement throughout the vacated right-of-way; such easement will limit the development potential of the land; and the applicant should not be charged for the alley. It was further reported that the vacation should be subject to the following conditions: 1. The applicant 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. 2. Upon meeting all other conditions to the granting of the application, the applicant 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, 205 and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. 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.) Vice-Mayor Rosen offered the following ordinance: (#39453-071612) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 507.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39453-071612. The motion was seconded by Council Member Trinkle. Maryellen Goodlatte, Attorney, 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. 39453-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) 206 CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having . . advertised a public hearing for Monday, July 16, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, the City of Roanoke proposes to convey approximately 47.892 acres of City-owned property to Ned B. Jeter, II, and Darrell B. Jeter, designated as Botetourt County Official Tax No. 108(9)2, and a portion of Tax No. 108(9)1, to be used for agricultural purposes in connection with their commercial farming operation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 6, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a deed to transfer parcels to Ned P. Jeter, II, and Darrell B. Jeter, 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 Ferris offered the following ordinance: (#39454-071612) AN ORDINANCE authorizing the City Manager to execute the ^ necessary documents providing for the conveyance of two parcels of City-owned property, being approximately 47.892 acres, along Coyner Springs Road, in Botetourt County, Virginia, designated as Botetourt County Official Tax No. 108(9)2, and a portion of Botetourt County Official Tax No. 108(9)1, to Ned B. Jeter, II, and Darrell B. Jeter, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 510.) Council Member Ferris moved the adoption of Ordinance No. 39454-071612. The motion was seconded by Council Member Lea. R. Brian Townsend, Assistant City Manager for Community Development, gave a brief synopsis of the property being sold. He explained that the property had never been put to public use, had remained as farm land and approximately one fifth of the property was in the floodplain and had little potential for development. He concluded that the Jeter family had a considerable amount of property adjacent to the property and would be adding the property to the existing farm. Ned B. Jeter, II, appeared before the Council in support of the conveyance of the property. 207 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. 39454-071612 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Bestpitch and Price were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely once again appeared before Members of Council and spoke about his termination from the City of Roanoke. Colin C. Murchison appeared before the Council and expressed concern regarding the amount of City funds spent on the President's visit to the City on July 13, 2012; and asked for a detailed, expense report. (See copy of comments on file in the City Clerk's Office.) There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:27 p.m. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 208 ROANOKE CITY COUNCIL-REGULAR SESSION August 6, 2012 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke City School Board on Monday, August 6, 2012, at 9:00 a.m., in the Patrick Henry High School Media Center, 2102 Grandin Road, S. W., City of Roanoke, 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. 39429-070212 adopted by the Council on Monday, July 2, 2012, with Mayor David A. Bowers and Chairman David B. Carson presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch and Mayor David A. Bowers-5. ABSENT: Council Members Raphael E. Ferris and David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk; and Timothy R. Spencer, Acting -� City Attorney. SCHOOL TRUSTEES PRESENT: Mae G. Huff, Annette Lewis, Suzanne P. Moore, Richard Willis, Jr., (arrived late), and Chairman David B. Carson-5, SCHOOL TRUSTEES ABSENT: Todd A. Putney and Lori E. Vaught-2. OTHERS PRESENT: Representing the City of Roanoke: R. Brian Townsend, Assistant City Manager for Community Development; and Sherman Stovall, Assistant City Manager for Operations. Representing Roanoke City Public Schools: Dr. Rita D. Bishop, Superintendent; Kurt Baker, Deputy Superintendent; Dr. Vella Wright, Assistant Superintendent for Teaching and Learning; Timothy R. Spencer, Legal Counsel; and Cindy Poulton, Clerk to the Board. k. 209 SCHOOLS: Mayor Bowers welcomed everyone to the meeting and expressed . - that the School Board and the Council have a good working relationship; and thanked Dr. Bishop and Dr. Wright for attending the 2012 All-America City Awards in Denver, Colorado, wherein the City of Roanoke was honored for the sixth time. Chairman Carson mentioned that the Blessing of the Schools held on Sunday, August 7 was well attended; the gymnasium floors at Patrick Henry and William Fleming High Schools were resurfaced; the first day of school would be August 20; and the Convocation Program was scheduled for Monday, August 13. Items for Discussion: Budget Items for 2013 and Beyond Chairman Carson advised that the budget group was very productive and had met consistently to brainstorm on strategic initiatives regarding budget challenges. Community Use of School Facilities Dr. Bishop reported that school facilities had been utilized on 400 different occasions by the community at large. Council Member Lea pointed out that many citizens believe the outside facilities at the high schools were not available for use, such as tennis courts or the track. He added that the schools were built in residential neighborhoods and should be used by the residents. During discussion of the matter, Chairman Carson indicated that the facilities were now being locked for liability reasons and maintenance purposes. He continued with asking that usage of any school facilities should be handled by the principals. Council Member Price commented that usage between the two high schools should be equal. Following discussion of the use of school facilities by the community, Mayor Bowers expressed appreciation for all comments. Legislative Plans and Joint Use of Lobbyist, Possible Joint Trips to Richmond Chairman Carson advised that this year's legislative focus was on State funds and the security of the school start date. He pointed out the County Schools exemption expires this year and therefore, the start date would be after Labor Day, and Roanoke City, Roanoke County and Salem City schools will be seeking freedom to determine its school start dates. 210 The Acting City Attorney suggested that legislature be combined for discussion with the lobbyist at a future Council meeting. Council Member Rosen and School Trustee Moore commented that it would be a positive move for the School Board and City government to join forces regarding mutual interests. Administrative Briefings on Council-Requested Items: Student/Teacher Ratios Dr. Bishop advised that the student/teacher ratio currently stood at approximately 18 -19 students per class at the high school level; 15 - 16 students per special education class; 17 students per class at the middle school level; and 18 students per class at the elementary school level. She thanked the Council for the proceeds from the increased meals tax and pointed out that the ratio would be much worse without those additional funds. District Arts Program Update Dr. Bishop reported that for the first time ever William Fleming would have an •-•1 orchestra, indicating that art programs keep urban students in school and they achieve more academically because of it. Having heard from parents whose children were not accepted in the PLATA Program, Council Member Bestpitch questioned if there were enough slots in the gifted students; whereupon, Dr. Bishop stated that some students simply do not make it into the program; and if needed, PLATO staff would be added if the amount of students exceeded what the program could currently accommodate. Virginia High School League Update Chairman Carson reported that progress was made with the VHSL and the districts would be organized by size and geography for competition. He explained that the plan was to divide the schools into levels 1 - 6 and set the rule that schools could not compete with each other if there was more than a two level difference. Teacher Pay Comparisons Chairman Carson advised that a goal of the school system was to address the salaries of teachers and introduced Kurt Baker, Deputy School Superintendent, to highlight the following information: 211 RCPS Professional Salary Scales RCPS Professional Salary Competitiveness:- 2011-12 Salary Scales vs. Pool Average Comparison Pool 00 B.melr'De a 8 Division Ron! 55 Roanoke County Salem o n Pool Average Franklin County 2 ;`° Richmond City 9 45 Portsmouth a Lynchburg City 40 R Botetourt County ` 0144 RCPS scale Montgomery County 35 o = . . rr + 3 ,:__ n.v... n.,e .. mar"snic. RCPS Professional Salary Scales ,. ,.,,, Impact of Pay Increase (Before VRS) 60 aadgx s Down'., 55 aRCPS Scale 201213 50 (Before vRSl Pool Average c 45 a` 40 `.. R RCPS Scale 2011-12 36 _ _ , . . . • . v w=n.-.u..ccx-euv V• •of Emlm (See copy of presentation on file in the City Clerk's Office.) Chairman Carson advised that the School Board would look toward the State to provide more funds to increase the pay of teachers and principals. Comments by Council Members/School Trustees: Council Member Lea referenced an article in the Roanoke Times written by Dan Casey with regard to area school dues, and asked how the schools charge fees, specifically what the fees were used for; whereupon, Dr. Bishop replied that it was legally acceptable to charge school fees for dues to be used for student activities throughout the year. She noted that neither diplomas nor grades could be withheld from a student for unpaid dues; adding that waivers must be available for qualified students. She pointed out that there was confusion with the fee cards that were recently sent to parents of students at Patrick Henry High School; however, the principal has since sent out letters to clarify the information. 212 Council Member Lea further questioned why the City's school fees were much higher than other area jurisdictions; whereupon, Dr. Bishop assured the Council that the City's fees were not, but were inclusive, wherein other jurisdictions were charging one fee at a time. She added that the monies collected were used for student activities and school events. Council Member Lea inquired if those fees affected textbook funds; whereupon, Dr. Bishop indicated that the fees did not. Council Member Bestpitch inquired as to who oversees the school fee account and if it was audited. Dr. Bishop replied that the school accounts were handled by the individual schools and were indeed audited. Council Member Price suggested that the breakdown for student fees be added to the schools website for parents and students to refer to. Dr. Bishop indicated that the breakdown would be added to website within one week. Mayor Bowers asked if information, articles, and news on other school boards in the area could be filtered to the Council for informational purposes; wherein, Chairman Carson advised that other boards look to the Roanoke City Public Schools for assistance. In connection with school athletics, the Chairman noted that they were moving in the right direction and thanked the Council for their continued support. Council Member Lea concurred and commented that a William Fleming High School Sophomore recently committed to playing basketball at the college level. There being no further business, Chairman Carson declared the School Board meeting adjourned at 10:26 a.m. There being no further business, Mayor Bowers declared the Council meeting in recess at 10:26 a.m. At 11:06 a.m., the Council meeting was reconvened in the Council Chamber, Room 450, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Members Ferris and Trinkle; and action was taken on the following items: COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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.) 213 Council Member Bestpitch moved that Council concur in the request of the Mayor ►- to convene in a Closed Meeting as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) COUNCIL—CITIZEN OF THE YEAR AWARD: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss the 2012 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: Mayor Bowers advised that the request for public hearing to consider the conveyance of an 11,500 square foot portion of City-owned property located at 25 Church Avenue, S. E., and the associated air rights to South Commonwealth Partners, LLC, was listed on the 2:00 p.m., Consent Agenda and at that time, the City Manager would provide comments with regard to the matter. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. 214 BRIEFINGS: �. Fair Housing Board Annual Report Anthony Reed, Chair, Fair Housing Board briefed the Council on the activities of the Board and highlighted the following information: Membership: • During the past year, the Board worked diligently to secure a full complement of members. • This was accomplished by the appointment of three new members, bringing the Board to a full membership of 7 active and involved citizens. • Unfortunately one member moved out of state and therefore had to resign. The Board is actively working to fill that vacancy. Outreach and Education Activities: • The Fair Housing Board is pleased to report a significant increase in activities and outreach compared to prior years. • In line with the Board's mission, two Fair Housing Seminar sessions were held at the Jefferson Center. ,.,. o The first session, held in October, 2011, was led by David Beidler of the Legal Aid Society and Grimes Creasy of the law firm Johnson Ayers & Matthews. This session focused on the legal aspects of the Fair Housing Act and drew 65 property managers, realtors and citizens. o The April, 2012 session was led by Mally Dryden-Mason of the Virginia Fair Housing Office, and was similar to previous events and drew 235 participants. • In August of 2011, the Board conducted a presentation to residents of Melrose Towers with about 40 in attendance. The Board also held a follow-up phone-in clinic. • In February and again in May of 2012, the board conducted presentations to Trust House residents, with a total of 48 attending. • The Board also conducted a presentation to Trust House staff in July with regards to identifying and reporting of fair housing complaints. 9 staff members attended. • To accompany the proclamation of the month of April as Fair Housing Month, the Board held a poster contest for elementary school children. o There were 39 entries, an increase from 12 last year. o All entries were displayed in the Main library. o The winning entry was displayed on a billboard and on the cover of the Fair Housing Board's booklet "Fair Housing: What You Need to Know". o The runner up entry was also displayed on a billboard. 215 • The Fair Housing Board sponsored and provided input for an Analysis of Impediments to Fair Housing Choice, which was presented to Council in a separate report in March. o The Analysis of Impediments is a requirement of the Department of Housing and Urban Development of all localities utilizing HUD funds, and provides a comprehensive review of policies and practices affecting peoples' right to live anywhere they can afford. o Additionally, the Board purchased and donated to all 18 City elementary schools copies of a book produced by the Greater New Orleans Fair Housing Action Center entitled The Fair Housing Five and the Haunted House, which tells the story of a group of children who investigate fair housing complaints against a landlord. Statistics: • Given the Board's education and outreach focus, persons who contact the City about possible fair housing issues are provided information and referred to the Virginia Fair Housing Office for additional assistance and to file complaints, if they desire to do so. • The Board periodically obtains the statistics on the complaints filed with the State. In addition, the Board also attempts to obtain data from local agencies such as TAP, Legal Aid and the RRHA that are often contacted by persons who believe a fair housing rights issue has occurred. This data helps the Board focus its education and outreach. • For the July 2011 to June 2012 period, two incidents of alleged housing discrimination were reported by the local agencies to the Fair Housing Board. The protected classes affected were familial status (1) and disability (1). One of these incidents was filed by the complainants with the Virginia Fair Housing Office and/or the U.S. Department of Housing and Urban Development (HUD). Budget: • As stated earlier, to help support its activities, the Board receives an annual CDBG allocation, currently set at $15,000. Based on prior activities, the budgeted uses planned for the FY 2012 - 2013 period are shown in the table below. • As recommended by the Analysis of Impediments, allocations to Fair Housing Board activities were increased to 1% of total CDBG funding. The additional $10,000 will be allocated to staff costs. 216 Fair Housing Board 20122013 Budget Budget percent Hall Rental 600 4% Instructor Fees 500 3% Board Training 350 1% Supplies 350 Promotional Items 300 1% _Pont,,8 Brochures I 150 1% _ ting-Seminar Malenals 100 1% Billboard _ 1200 9% Apartment Gude 1000 ]% Booklet Printlg 350 _ 2% Events 100 _ 1% Staff Casts IO,OW 67% ToOl 15,000 l®% What Lies Ahead: For FY 2012-2013, the Fair Housing Board has several priorities: • The first priority will be to fill vacant positions and build cohesiveness among board members. This will be accomplished with board training and team building exercises, utilizing City of Roanoke Human Resources and other sources. ••• • The second is to organize and prepare for Fair Housing Seminars. A recommendation coming from the Analysis of Impediments was for the ti Fair Housing Board to concentrate its efforts more on active outreach rather than on advertising. Thus, the Board has plans to increase the number of seminars for Realtors, property managers, property owners- and mortgage lenders from semi annually to 3 times per year. The board will continue to schedule presentations to both resident groups and staff of residential programs such as Trust House. • Third, the Board will continue to strive to further enhance its efforts in raising public awareness regarding fair housing rights and responsibilities. The board will continue to distribute its booklet "Fair Housing: What Everyone Should Know'; continue its advertising and bill board campaign, and contract with an agency to provide paired testing of rental properties. Using the results of this testing, the Board will tailor outreach programs to inform both property owners and the public. (See report on file in the City Clerk's Office.) ..k 217 Mayor Bowers asked if the Fair Housing Board had connected with the new group of real estate owners in the area; whereupon, Karl Kleinhenz, Agent to the Board, replied that the Board was in the process of meeting with the group. Council Member Price inquired as to the type of person the Board was looking for to fill the current vacancy; whereupon, Mr. Kleinhenz indicated that the person needed to be interested in fair housing practices and be committed to serving on the Board. Mayor Bowers thanked the Board for facilitating informative seminars and all of its hard work. Countryside Park and Lick Run Greenway Update Steve Buschor, Director, Parks and Recreation, provided the Council with an update on the progress of the Countryside Park, stating that it was about 30 percent complete and hoped to be at 50 percent by September 2012; and highlighted the following presentation: INITIAL CONCEPT PLAN COUNTRYSIDE PARK A _ & LICK RUN GREENWAY t 2/ ROANOKE - PROGRESS UPDATE • P AUGUST 6.2012 , tie b' PRIORTY LIST&PUBLIC COMMENTS SCHEMATIC PLAN(OVERALL) " .":A • •.ry n 218 Mr. Buschor advised that the construction budget was $1.2 million and would • begin at the top of the list of citizen comments and incorporate as much as possible until the funds were expended. He continued by pointing out that the rust colored line originally identified along the edge of Ferncliff Avenue which created a disconnected piece of greenway, but the preservation area made for a direct linkage and connection on the greenway rather than using another piece of the road to return. He added that a circulation trail was added to the schematic plan to travel into the neighborhood that will allow transition into the park and also onto the greenway. SCHEMATIC PLArN RENDER LOOP ryTRAIIL TYPICALS Pia VC PARK AREAp Peon: STRUCTURE STANDAR DS 1E •- .. c, . . .___... • . ,. . ® ._............._..W. ,,,... 219 STRUCTURE STANDARDS STRUCTURE STANDARDS n MI -1111.111111111 II 11 1110111 NE mimaigi li PORTLAND AVE. GREENWAY/PARK ACCESS SCHEDULE RE 1 ' tf 1.t .L._...x.o ._. - a QUESTIONS? (See presentation on file in the City Clerk's Office.) ... 220 Discussion: Council Member Lea expressed his pleasure with the efforts to engage the community in the process and after a past extensive study which identified that northwest lacked recreational facilities he was appreciative that the City was working to make a park happen in that area. In response to an inquiry from Council Member Bestpitch for clarification as to the long term greenway connection to Roanoke County, Mr. Buschor advised that it was a general comment and explained that even with the development of Lick Run further to the north from where its proposed, a gap will still exist between Ferncliff and east to where it concludes now at Valley View. He further explained that future plans hope to extend the greenway perhaps by Ferncliff Avenue to Frontage Road or by a combination of options, yet to be explored, to ultimately land somewhere near the County's Greenridge Recreation Center. Council Member Bestpitch commented that he hoped that in the long term the Tinker Creek and Lick Run Greenways could connect at some point and asked if bicycles would be prohibited on the trail due to its narrowness and if the restrooms at the park would be open year-round. Mr. Buschor replied that bicycles would be allowed, but the narrowness would keep high speed bicycle traffic to a minimum and that the restrooms would be ti operational all year. Mayor Bowers asked if extending the greenways meant it would eventually be 40 or 50 miles long; whereupon, Mr. Buschor indicated that the greenways currently totaled about 60 miles if Carvins Cove was included. He added that over 20 years 40 miles of biking trails and over 25 miles of urban trails would be added. The Mayor asked about the blooming season of the wildflowers planted along the greenway. Mr. Buschor advised that it depended on the blend, but the new addition to the greenway would replicate the wildflowers planted in Vic Thomas Park that produce fall blooms. There being no further discussion, the Mayor thanked Mr. Buschor for an informative presentation. 221 Diversity Overview Calendar Year 2011 Carolyn Glover, Director, Human Resources, briefed the Council on diversity statistics with regard to the City of Roanoke employees, and highlighted the following information: AGENDA Gender Distribution of All Staff • Gender&Racial 11Th Distribution aa' -Current Staff in• 65" "A•1111 '1111111 "14 01 OM 15 -New Hires °0I Ma 1.65 1 •• promotions gp .,o• 5545 55 • Challenges • Internal Initiatives MU ■ 111 11• External Initiatives re au all Gender Distribution of New Hires Gender Distribution of Promotions P3% 51,M• . 7111 mt."... 11 �•„m M 5 mu• •F.- �11 i . •i 222 Racial Distribution of New Hires Racial Distribution of Promotions • • • .M ,; :01 ,7 7 "��11 XA N w• one a sere • PI pn M R Pei Ih The Mayor asked if minorities included people of Hispanic and Asian descent; whereupon, Ms. Glover answered that it actually referred to American Indian, Asian, Pacific Islanders, Hispanic and Alaskan natives. Ms. Glover advised that the professional category consisted of the most promotions for minorities such as Human Resources Consultant, Program Benefit Supervisor, Social Worker, Librarian and Buyer; and the first 6 months of 2012 indicated a 4 percent increase in minority promotions in the protective services and technician occupational categories including Police Lieutenant, Captain and Sergeant as well as Maintenance Technicians. CHALLENGES INTERNAL INITIATIVES ..., • Public Safety • Diversity Advisory Council —Fire&EMS • Diversity Month • Public Works • Lunch&Learns —Skilled Crafts • Leadership&Employee Development • Opportunities —Promotions —New Hires Ms. Glover continued stating that Fire/EMS continued to rank lowest in gender distribution as a white male dominated environment; public works gender diversity was minimal in skilled craft jobs; however, the greatest opportunity to improve diversity was through promotions and new hires. She added that in 2011 the Fire/EMS Academy was 16 percent minority, male and female and public works new hires were 44 percent minority, male and female, promotions were 45 percent minority. Ms. Glover explained that the Diversity Advisory Council was comprised of 18 employees representing departments throughout the organization that meet monthly to focus on creating an inclusive workplace which provides all employees the opportunity -� to contribute their diverse gifts and talents. She pointed out that the Council sponsored monthly learning events, an annual celebration, and recognition of October as Diversity Awareness Month with activities and programs to focus on diversity and inclusion. 223 ,�.., EXTERNAL INITIATIVES • Recruitment -Efforts to increase minority Firefighters • Partnerships -PubliC Safely -TAP This Valley Works -Unpaid Summer Internship Program • Municipal Volunteer Program -Other Programs (See presentation on file in the City Clerk's Office.) Ms. Glover advised that externally through participation in various career fairs, campus visits, partnerships and relationships developed in the Roanoke Valley and surrounding communities, efforts were continued in identifying events that were either at no cost, high visible profile or had a direct impact on efforts to recruit minority applicants. She added that additional recruitment efforts included outreach and education on the lack of minority firefighters in the City by encouraging children to see themselves in the role of a Firefighter. Current Firefighters also attend the outreach recruitment events and job fairs and the Fire/EMS recruiting brochure was revised to be more inclusive of women and other minorities as well. She concluded stating that efforts continue to maintain and build new relationships with career placement offices and agencies in the Roanoke Valley such as TAP, This Valley Works and the Virginia Employment Commission. Programs included mock interviews, resume writing workshops, employer and employee panel discussions and programs coordinated with Virginia Western Community College to teach business etiquette, employment, how to apply for jobs, interviewing and various other topics. Lastly, from July 1, 2011 to June 30, 2012, 2,434 individuals volunteered a total of 45,708 hours at a savings of $1.1 million to the City of Roanoke. Discussion: Council Member Lea suggested that Ms. Glover include figures for the challenges, internal and external initiatives in chart or graph format. Council Member Price commended the Human Resources staff and asked if there were programs to collaborate with Roanoke City Public Schools; whereupon, Ms. Glover advised that collaboration with the schools was minimal, but the Fire/EMS Department visited schools to encourage firefighting as a career. Following said response, Ms. Price suggested that in the future programs be explored to increase collaboration with the schools. 224 Council Member Lea commented that it was apparent that the racial distribution of promotions and staff be improved and suggested that the presentation would have been easier to compare if all of it was displayed in chart or graph form. He also suggested that an improvement action plan be shared with the Council in the future. Council Member Bestpitch suggested tracking and recruiting veterans for public safety positions. Mayor Bowers requested that in future reports information on disabled workers be included, implying that the City was headed in the right direction, but needed to improve upon diversity and thanked Ms. Glover for the report. The City Manager added that the City took hiring practices seriously and would continue to strive to excel in customer service, accountability and value diversity because it strengthened the community and the organization. There being no further discussion, the Mayor advised that the briefings would be received and filed. At 12:17 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance with the exception of Council Members Ferris and Trinkle. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch and Mayor David A. Bowers-5. ABSENT: Council Members Raphael E. Ferris and David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Father Thomas D. Reeves, Pastor, Church of St. Peter and St. Paul. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ^r 225 PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: The Mayor recognized the City Treasurer and her staff for an award of accreditation for Fiscal Year 2012 - 2013. He presented Evelyn Powers and her staff a framed copy of the Award of Accreditation certificate. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft appeared before the Council and spoke about the unfairness of the Coca Cola Recycle and Win Program to the disabled and handicapped residents. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a public hearing request from the City Manager. MINUTES: Minutes of the regular meeting of the Council held on Monday, May 7, 2012, and recessed until May 14, 2012; Monday, May 21, 2012; and Monday, June 4, 2012, were before the body. (See minutes on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Lea adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 20, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyance of an 11,500 square foot portion of City-owned property located at 25 Church Avenue, S. E., and the associated air rights to South Commonwealth Partners, LLC, was before the body. (See communication on file in the City Clerk's Office.) 226 Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Lea and adopted by . . the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) BOND/BOND ISSUES: A communication from the Director of Finance requesting that Council schedule a public hearing for Tuesday, September 4, 2012, at 2:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of a general obligation bond not to exceed $2,014,210.00 for school capital projects, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the Director of Finance as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) FAIR HOUSING BOARD: A communication from the City Clerk advising of the resignation of Deirdra Williams as a member of the Fair Housing Board, effective June 21, 2012, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) ••11 227 • MILL MOUNTAIN ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Richard Walters as a member of the Mill Mountain Advisory Board, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) OATHS OF QUALIFICATIONS-MILL MOUNTAIN ADVISORY BOARD: Reports of qualification of the following individuals was before the Council: Justina Megginson for a one-year term of office ending June 30, 2013; Dan L. Brokaw for a two-year term of office ending June 30, 2014; and Justin B. Biller and Nelson D. Reed for three-year terms of office, each, ending June 30, 2015, as members of the Building and Fire Code Board of Appeals; Sharon Landesman Ramey as a member of the Roanoke Public Library Board for a three-year term of office ending June 30, 2015; and Randall Simmons as the Citizen at Large representative of the Towing Advisory Board for a term of office ending October 31, 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) 228 In connection with Item C-2, the City Manager advised that the project involved the construction of a 123-room hotel on top of the Market Garage, as well as associated -� air rights to South Commonwealth Partners, LLC, adding that the proposed hotel would also increase activity in the downtown area for the restaurants since no restaurant will be connected to the hotel. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: GRANTS-VICTIM/WITNESS/PROGRAM: A communication from the Commonwealth's Attorney recommending acceptance and transfer/appropriation of funds for the Victim/Witness Program Grant; and a communication from the City Manager concurring in the recommendation. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39455-080612) 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. 75, page 511.) Council Member Bestpitch moved the adoption of Resolution No. 39455-080612. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-O. (Council Members Ferris and Trinkle were absent.) Council Member Bestpitch offered the following budget ordinance: (#39456-080612) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. P. (For full text of ordinance, see Ordinance Book No. 75, page 512.) 229 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39456- . 080612. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-O. (Council Members Ferris and Trinkle were absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GREENWAY-LEASES: The City Manager submitted a written communication recommending acceptance of the Fiscal Year 2013 Revenue Sharing Program Award and execution of a Standard Project Administration Agreement with the Virginia Department of Transportation for four infrastructure improvement projects; and acceptance of a donation from Pathfinders for Greenways and the Roanoke Valley Greenways Commission for further development of the Roanoke River Greenway Trail between Bridge Street, S. W., and the City of Salem; and appropriation/transfer of funds in connection therewith. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39457-080612) A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds to the City in the total amount of $2,830,000.00, to be allocated among four Projects; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for the Projects as set forth below, which will require the City to provide matching funds of $2,830,000.00; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the four Projects as set forth below. (For full text of resolution, see Resolution Book No. 75, page 513.) Council Member Bestpitch moved the adoption of Resolution No. 39457-080612. The motion was seconded by Council Member Lea. 230 The City Manager advised that the following four projects would receive a 50 percent match from the Virginia Department of Transportation: -� • 9th Street over Norfolk Southern Bridge $ 700,000.00 • Pheasant Ridge Road Construction $ 130,000.00 • City-wide Storm Drain Improvements $1,000,000.00 • Roanoke River Greenway Construction $ 900,000.00 He further advised that with regard to project No. 4, the Pathfinders for Greenways and Roanoke Greenway Commission donated funds to accompany the City's match funds. Representatives from each organization presented to the Council a ceremonial check for the donation amount. There being no further questions and/or comments by the Members of Council, Resolution No. 39457-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Tinkle were absent.) ,., Council Member Bestpitch offered the following resolution: (#39458-080612) A RESOLUTION accepting donations of funds from the Roanoke Valley Greenway Commission and the Pathfinders for Greenways, Inc., in the total amount of $625,000.00 to be used for the City's Bridge the Gap section of the Roanoke River Greenway Construction Project to be used as matching funds on behalf of the City in connection with the Virginia Department of Transportation's ("VDOT") Transportation Revenue Sharing Program Funds; authorizing the City Manager to execute any necessary documents, provide any information, and to take any necessary actions in order to obtain, accept, receive, implement, administer, and use such funds; and expressing the City's appreciation for such donations. (For full text of resolution, see Resolution Book No. 75, page 515.) Council Member Bestpitch moved the adoption of Resolution No. 39458-080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) 231 Council Member Bestpitch offered the following budget ordinance: (#39459-080612) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Revenue Sharing Program, Roanoke Valley Greenways Commission and Pathfinders for Greenways, Inc., and transfer funding from the Paving Program and Neighborhood Storm Drain Program to the 9th Street S. E. Over NSRW Bridge Rehabilitation, Pheasant Ridge Road Reconstruction, City-wide Storm Drain Improvements, and Roanoke River Greenway projects, amending and reordaining certain sections of the 2012 - 2013 General, Capital Projects, and Grant Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 516.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39459- 080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) GRANT-JUVENILE PROBATION PROJECT: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Department of Criminal Justice Services for the Edward Byrne Memorial Justice Assistance Grant for the Intensive Supervision Juvenile Probation Program to provide for one specialized probation officer to handle an intensive caseload of high risk youth with drug trafficking offenses. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39460-080612) A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 518.) Council Member Price moved the adoption of Resolution No. 39460-080612. The motion was seconded by Council Member Lea. 232 Jim O'Hare, Youth Care Administrator, explained that the grant would fund a Specialized Probation Officer position to handle juveniles who had been before the courts on drug dealing offenses, which were approximately 68 juveniles per year. In response to inquiry from Council Member Price regarding the length of the program, he indicated that the program had been in existence for two years. There being no further questions and/or comments by the Members of Council, Resolution No. 39460-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) Council Member Price offered the following budget ordinance: (#39461-080612) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 519.) Council Member Price moved the adoption of Budget Ordinance No. 39461- 080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) DEPARTMENT OF CRIMINAL JUSTICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Criminal Justice Services under the Juvenile Justice and Delinquency Prevention Title II Grant Program; and authorization to execute an agreement with Family Service of Roanoke Valley to replicate the Positive Action youth crime and substance use avoidance model program by working with 150 City of Roanoke children enrolled in four after school programs. (For full text, see communication on file in the City Clerk's Office.) 233 Vice Mayor Rosen offered the following resolution: (#39462-080612) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 520.) Vice-Mayor Rosen moved the adoption of Resolution No. 39462-080612. The motion was seconded by Council Member Price. Brian Townsend, Assistant City Manager for Community Development, advised that the Positive Action Program was to prevent juveniles from getting in trouble and would be held at four after-school centers within the City, i.e., the Boys and Girls Club, West End Center, Lincoln Terrace Elementary and Hurt Park Elementary Schools. There being no further questions and/or comments by the Members of Council, Resolution No. 39462-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) Vice-Mayor Rosen offered the following budget ordinance: (#39463-080612) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Positive Action Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 521.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39463-080612. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) 234 CARILION CLINIC-GRANT-DEPARTMENT OF CRIMINAL JUSTICE: The City -+ Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Criminal Justice Services under the Juvenile Justice and Delinquency Prevention Title II Grant Program; and authorization to execute an agreement with Carillon Medical Center d/b/a Carilion Clinic (Psychiatry and Behavioral Medicine) to replicate the Project Back on Track, an evidence-based treatment program designed to reduce youth substance use and youth crime. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39464-080612) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Carilion Medical Center, dba Carilion Clinic, from the Virginia Department of Criminal Justice Services, authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided under this grant, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 522.) Council Member Lea moved the adoption of Resolution No. 39464-080612. The .. motion was seconded by Council Member Price. Council Member Lea commented on the importance of such programs in terms of prevention and helping individuals who have been in trouble; and he expressed his support of the City's commitment to invest in the youth of the community. There being no further questions and/or comments by the Members of Council, Resolution No. 39464-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) Council Member Lea offered the following budget ordinance: 235 (#39465-080612) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 523.) Council Member Lea moved the adoption of Budget Ordinance No. 39465- 080612. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) LEASES: The City Manager submitted a written communication recommending amendments to the City's contracts with AECOM USA, Inc., and Mattern & Craig, Inc., for additional professional services in connection with the Transportation Structures Inspection Program. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39466-080612) A RESOLUTION authorizing the City Manager's issuance and execution of an Amendment to the City's contract with AECOM USA, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011 - 2013); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment to the above mentioned Contract, as well as the Contract itself. (For full text of resolution, see Resolution Book No. 75, page 524.) Vice-Mayor Rosen moved the adoption of Resolution No. 39466-080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-O. (Council Members Ferris and Trinkle were absent.) 236 Vice-Mayor Rosen offered the following resolution: (#39467-080612) A RESOLUTION authorizing the City Manager's issuance and ... execution of an Amendment to the City's contract with Mattern & Craig, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011 - 2013); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment to the above mentioned Contract, as well as the Contract itself. (For full text of resolution, see Resolution Book No. 75, page 525.) Vice-Mayor Rosen moved the adoption of Resolution No. 39467-080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) CAPITAL PROJECTS-CLAIMS: The City Manager submitted a written .. communication recommending authorization to execute Quitclaim Deeds from the Virginia Department of Transportation in connection with Franklin Road: Brandon Avenue to McClanahan Street, S. W.; and Hershberger Road: Cove Road to Williamson Road, N. W., capital projects that were completed several decades ago. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#39468-080612) AN ORDINANCE authorizing the Commonwealth of Virginia, on behalf of the Virginia Department of Transportation (VDOT), to execute the necessary documents providing for the conveyance of certain operating rights-of-way located in the City of Roanoke, to the City of Roanoke, Virginia, upon certain terms and conditions, and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 526.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39468- 080612. The motion was seconded by Council Member Price. J 237 In response to clarification on the location of the abovementioned project, the ... Assistant City Manager for Community Development advised that it was a small intersection on Franklin Road just pass the Ramada Inn, that failed to be dedicated back to the City upon the completion of the project 20 years ago and added that an auditor at VDOT caught the mistake. There being no further questions and/or comments by the Members of Council, Budget Ordinance No. 39468-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) CITY PROPERTY-SCHOOLS: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the Agreement for the Purchase and Sale of Real Property between the City of Roanoke and NDRA II, LLC, in connection with the former Huff Lane School property. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following budget ordinance: (#39469-080612) AN ORDINANCE approving an Amendment No. 1 to a certain Agreement for Purchase and Sale of Real Property with an effective date of March 28, 2012, by and among the City of Roanoke, Virginia, (Seller) and NDRA II, LLC (Purchaser); authorizing the proper City officials to execute such Amendment No. 1; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 527.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39469-080612. The motion was seconded by Council Members Bestpitch and Price. The City Manager advised that funding from the sale of the Huff Lane property will go to the schools for capital projects, adding that the Council approved the highest bidder who proposes to construct two hotels and a restaurant on the site. 238 He further advised that during the due diligence period, the property was inspected and found it was inadequately served with water and a large amount of asbestos; and thereafter, the bidder reduced the offer from $1,850,000 to $1,735,000, which was still higher than the next bidder. He added that the amendment allowed for the acceptance of the new offer of$1,735,000. Council Member Rosen added that Round Hill Elementary School being inadequately sized for its students, and school capital funds being limited, the sale of the Huff Lane property would enable significant improvements at Round Hill, as well as Huff Lane Park by adding a shelter, restrooms and redesigning the basketball courts. The City Manager interjected that of the new revenue generated by the proposed development, would allow 40 percent of the taxes to provide for a continuous infusion of funds to the Schools. There being no further questions and/or comments by the Members of Council, Ordinance No. 39469-080612 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) COMMENTS BY THE CITY MANAGER: The City Manager shared the following comments: El Derecho Storm Efforts • Recognized City employees from the E-911, Fire/EMS, Police, Transportation Division, Solid Waste Management and Parks and Recreation Departments for their prompt response in connection with the June 29 storm. o The first 12 hours after the storm E-911 team responded to approximately 1,603 calls. o A total of 972 calls were entered into the dispatch system. o A total of 2,125.63 tons of vegetative debris was collected during the 4 weeks after the storm compared to a normal total of 3,000 tons of wood waste per year. o The debris was approximately 25,000 cubic yards which was enough to cover 5 football fields 1 yard deep. o The mulch generated from the debris would cover 10 and 1 half • acres 1 foot deep and the equivalent of 170 tractor trailer loads. 239 • On July 1, the local area was declared a disaster area and a preliminary damage assessment of $500,000.00 has been sent to FEMA for reimbursement. REPORTS OF COMMITTEES: SCHOOL BOARD: A report of the Roanoke City School Board requesting approval of a Second Amendment to the Fiscal Year 2012 - 2013 Categorical Budget; and a report of the Director of Finance recommending concurrence in the request. Vice-Mayor Rosen offered the following budget ordinance: (#39470-080612) AN ORDINANCE to adopt the second amendment to the 2012-2013 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Athletics and School Food Service Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 528.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39470-080612. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: ELECTIONS-REGISTRAR: A resolution designating a Voting Delegate and an Alternate Voting Delegate for the Business Session and a Staff Assistant for the Annual Virginia Municipal League Business Meeting to be held on Tuesday, September 25, 2012, in Williamsburg, Virginia, was before the body. (For full text, see communication on file in the City Clerk's Office.) 240 Vice-Mayor Rosen offered the following resolution: (#39471-080612) A RESOLUTION designating a Voting Delegate and Alternate 'I 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. 75, page 529.) Vice-Mayor Rosen moved the adoption of Resolution No. 39471-080612. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: .-. Elder Lea announced that the 13th Annual Western Virginia Education Classic football game would be the first game played at Ferrum College's new facility on September 1. The education classic has partnered with the Roy Stanley Education Foundation and $1,000.00 would be donated to the foundation for scholarships and the cost of the game was only $5.00 to attend. He advised that tickets could be purchased by contacting TAP and a bus to the game would be provided for only $5.00 to ride. VACANCIES ON AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: The Mayor called attention to the upcoming expiration of the four-year term of office of Duane Smith as a Commissioner of the Roanoke Redevelopment and Housing Authority ending August 31, 2012; whereupon, he opened the floor for nominations. sI 241 Vice-Mayor Rosen placed in nomination the name of Duane Smith. There being no further nominations, Mr. Smith was reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority for a four-year term of office ending August 31, 2016, by the following vote: FOR MR. SMITH: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. (Council Members Ferris and Trinkle were absent.) OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor called attention to the expiration of three-year terms of office of Gail Burruss and Judge Clifford Wechstein as City representatives on the Court Community Corrections Program Regional Community Criminal Justice Board on June 30, 2012. Inasmuch as both representatives having served three consecutive terms of office, they are ineligible for reappointment; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the name of Tim Steller. There being no further nominations, Mr. Steller (Mental Health) was appointed to replace Gail Burruss as a City representative of the Community Corrections Program Regional Community Criminal Justice for a term ending June 30, 2015, by the following vote: FOR MR. STELLER: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. (Council Members Ferris and Trinkle were absent.) OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to a vacancy on the Personnel and Employment Practice Commission created by the resignation of Leticia Smith for a term of office ending June 30, 2014; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the name of Carolyn Barrett. There being no further nominations, Ms. Barrett was appointed as a member of the Personnel and Employment Practice Commission to fill the unexpired term of office of Leticia Smith ending June 30, 2014, by the following vote: FOR MS. BARRETT: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. (Council Members Ferris and Trinkle were absent.) 242 OATHS OF OFFICE-BUILDING AND FIRE CODE BOARD OF APPEALS: The Mayor called attention to additional appointments on the newly created Building and Fire Code Board of Appeals; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the names of Jeffry Parkhill and Cynthia Fendley. There being no further nominations, Mr. Parkhill (architect) was appointed for a one year term of office ending June 30, 2013; and Ms. Fendley (project manager) was appointed for a two year term of office ending June 30, 2014, as members of the newly created Building and Fire Code Board of Appeals, by the following vote: FOR MR. PARKHILL AND MS. FENDLEY: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. (Council Members Ferris and Trinkle were absent.) COUNCIL: With respect to the Closed Meeting just concluded Council Member Price 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 Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Ferris and Trinkle were absent.) There being no further business, the Mayor declared the Council meeting adjourned at 3:20 p.m. APPROVED gATTESTT: yy, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 243 ROANOKE CITY COUNCIL—REGULAR SESSION August 20, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, August 20, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Court G. Rosen, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-5. ABSENT: Council Members Anita J. Price and David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Sherman M. Stovall, Assistant City Manager for Operations, Acting City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie Moon, City Clerk. ' The Invocation was delivered by The Reverend Robert A. Mullen, Pastor, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Mayor announced that the City Registrar and Electoral Board were sponsoring a public meeting to share information regarding precinct realignment changes on today at 4:00 p.m., in Room 159, EOC Conference Room, first floor, Noel C. Taylor Municipal Building. Mayor Bowers also called for a Moment of Silence in memory of Velva Wreden, former Roanoke City Public Schools educator and a distinguished Roanoker. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-DONATION: Katherine Knopf, Member, Roanoke Valley Garden Club, in connection with the Elmwood Park Restoration Project, appeared before Council and presented a $4,000.00 donation to the City to purchase and plant trees along Built Avenue, S. W., adjacent to Elmwood Park in connection with the Elmwood Park Restoration Project. 244 She remarked that the Garden Club looked forward to continuing its involvement in the restoration of Elmwood Park, and encouraged other businesses and organizations in the City to give to the Park Restoration Project. Mayor Bowers accepted the check on behalf of the City of Roanoke and presented it to the Director of Finance for appropriate handling and acknowledgment. ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Ferris offered the following resolution memorializing the late Byron Haner, former City Manager of the City of Roanoke: (#39472-082012) A RESOLUTION memorializing the late Byron Edmund Haner, former Roanoke City Manager and longtime resident of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 531.) Council Member Ferris moved the adoption of Resolution No. 39472-082012. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) • Mayor Bowers called for Moment of Silence in honor of the passing of the former City Manager Byron Haner. ACTS OF ACKNOWLEDGMENT-FIRE/EMS: The Mayor recognized the Fire/EMS Department for its re-accreditation by the Center for Public Safety Excellence and stated that Roanoke's Fire/EMS was one of 143 accredited departments throughout the world and only nine in the Commonwealth of Virginia; and following comments by the Fire Chief, he presented him with a framed copy of the Accreditation Certificate. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Larry Black appeared before the Council and spoke with regard to the impact of the downtown area renovations on the City Market vendor stalls and referenced several handouts during his remarks. (See handouts on file in the City Clerk's Office.) ti 245 Without objection, Mr. Black's comments were referred to the City Manager and the President of Downtown Roanoke, Inc. Dr. M. Rupert Cutler appeared before the Council and expressed concerned about the unattractive appearance of vacant properties in the city, including empty store fronts downtown where he resides, calling attention to the empty properties with dirty windows and unswept entrances that make the streets appear to be semi-abandoned and dangerous. He suggested that the city zero in on the issue by adopting a specific comprehensive citywide program designed to encourage vacant property revitalization. The elements of such a program can be obtained from the vacant properties network of the international city, county, management association or ICMA, and seek the expertise of Professor Joseph Shilling, faculty member at Virginia Tech, the leader of ICMA's vacant properties network to conduct a field study location for his graduate students. Council Member Bestpitch expressed appreciation to Dr. Cutler for his comments, and especially the fact that he not only raised an area of concern, but he also pointed the City in the direction of a couple possible approaches. He thought the City should take advantage of whatever resources might be available and suggested that the City Manager study the matter and report findings to the Council. Joann Lynch and Serena Atkins appeared before the Council and spoke with regard to alleged lewd activities occurring at the Four Flavors Jamaican Restaurant on Williamson Road and requested assistance from the City. ` Without objection by the Council, the Mayor referred their comments to the City Manager for review and response to the Council. Mr. Stovall advised that the matter would be reviewed, with a response submitted within ten days. (See copy of communication from the City Manager dated August 30, 2012 on file in the City Clerk's Office.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of special meetings of the Roanoke City Council Personnel Committee held on Monday, June 11, 2012 and Monday, June 25, 2012; and the regular meeting of Council held on Monday, June 18, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) 246 Vice-Mayor Rosen moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Price and Trinkle were absent.) AUDIT COMMITTEE: Minutes of the Audit Committee held on Monday, June 18, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the minutes be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. a- (Council Members Price and Trinkle were absent.) OATHS OF OFFICE-BUILDING AND FIRE CODE BOARD OF APPEALS- ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION-WESTERN VIRGINIA WATER AUTHORITY-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: Reports of qualification of the following individuals were before the Council: Barry W. Baird as a member of the Building and Fire Code Board of Appeals for a three-year term of office ending June 30, 2015; Adam Boitnott as a Commissioner of the Roanoke Redevelopment and Housing Authority for a four-year term of office ending August 31, 2016; Gerardo (Jerry) Manuel Correa, Jr., as a member of the Personnel and Employment Practices Commission for a three-year term of office commencing July 1, 2012 and ending June 30, 2015; Harvey D. Brookins as a City representative of the Western Virginia •••, Water Authority for a four-year term of office ending June 30, 2016; and 247 M Tim Steller as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three-year term of office ending June 30, 2015. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Price and Trinkle were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. ' - REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: Dr. Sean McGinnis, Director, Virginia Tech Green Engineering Program, briefed the Council on the 2010 Carbon Emission Data for Roanoke and partial data for 2011. He highlighted the following information: Carbon Dioxide Emissions City of Roanoke 2010/11 Carbon Emissions And Energy Summary 9 Sean McLinnt.PhD FRS Mon Nntel.Mini 248 Dr. McGinnis advised that carbon dioxide concentrations were increasing yearly; sinusoidal variations were due to growing seasons of plants; global surface temperatures were increasing; and human activity primarily transfers carbon stored in the earth to the atmosphere by combustion all of those fuels combust with oxygen to create carbon dioxide. He further advised that the carbon emissions were least per unit energy for natural gas. 5 Step Process For Carbon Reduction Clean 8 Green Committee . q.m Deem** e «naw a esmrn Ue. ,w.aen^� STEP +� l lep. . . 2 3• 1wn..,i.ri. > a Iaurw,nm,aa Dr. McGinnis continued that in September 2006, City Council joined the ICLEI — , Local Governments for Sustainability process. The baseline report was completed for 2005 in 2007 and emissions reduction targets were approved by Council in September 2008. Roanoke CO2 Emissions—Scale of Reduction •1& Carbon Dlame Reduction=230,000tons ,���....--rr rao •CRy of Roanoke 45 ODD households YSAVE A •lton per household soo,nee—"sweo Ton'Regional Campaign TON saves Ton. why eton. ten 9 1,_.1 ��.., Ar, „. He pointed out that the community wide reduction in 5 years was 10 percent or 230,000 tons of carbon dioxide and on the household level, one ton per household could achieve the total community reduction; and noted that most households emit over 20 tons per year when electricity, heating fuels, and transportation fuels were compiled. ,,,� 249 Clean 8 Green Programs-2011 Clean 8 Green Business Coalition r_ ern",FOR IT no..n.rrvrr.ac..ur l ti, ..,. Symms ee6nmu v,n-•• malsu W. IOU and sp nezm w .oaa earn ,a.ma.ai.rmemmw��n....,acx in tine awn. Roanoke Electricity Usage Roanoke Energy and Carbon Inventory Analysis Rev dent al commercial induspial anon.. pal aalvit IrrITEIrr Mal! - ,.uoo.u.memnnu.wim(WTI W ,... n,.,.w..,. 1 Clean Pic and CI mete Prot.a CP software est amode a me..,w.e.. the volatile organ ccompoundi NOCE!fuel ma.�roe.,w........Sal emissions .. . ..>_ e ■ Roanoke Transportation Analysis—VDOT Data Roanoke Natural Gas Usage • 111111114MINS 2005 Kai F�IRRPIF�IF'ar. ni+o.nm .4 ..v...,.m.p^r.. III 111111 • 250 Roanoke CO2 Emissions Community Scale Reduction Examples '^ t 74!Rla�l�}e1l l!�?7 , m etro, ,m. i.�. .,. y m .eme✓n o.c p R' q ..de ✓v �p v,rvm Nwrce ,nn Of smack, Carton FmYke.q✓ Nwi - ,,,..... ✓ .ft eta2 M nsiemrvdaw[x N.bulbs meal.. g P i.nnsw,t •mew,.m vn h h ww 1 1 ngm Conclusions the lust year that cafbon empswon 20 ICI Esyn.wasi.,,m,n,o>.,,al�nn,✓,ale,n.me<,m a,l lam`,..�;i20005base n. In addition to carbon etn.ssiecs.,Mese envron.total and h„ItA effectswill be telt in the f Mire,eu„ent impacts include inueac„energy costs end other Pnvironm nta I for the I ucure.This is hard WOO 1„„vorld of competing thort-t„ns p„spenive. ■ (See copy of presentation and 2010 Community Emissions Inventory Executive Summary on file in the City Clerk's Office.) Discussion: Vice-Mayor Rosen thanked Dr. McGinnis for the information and commented that it was both fascinating and depressing in terms of global warming and if perhaps the amount of investment in energy saving technologies was low because of the economy and maybe as the economy improves the amount of investment in energy efficient equipment would rise. Dr. McGinnis explained that could be part of it because the energy efficient investment cost more upfront, but paid off more in the long term. The other was community awareness of the issues and the roles each citizen plays. The Assistant City Manager for Operations advised that recently a vacant position was reallocated for the purpose of intensifying the efforts in the area of sustainability and introduced Nell Boyle, Sustainability Outreach Coordinator who developed a focus strategy to reach out to the residential and business community. 251 Mayor Bowers inquired if the government must reduce by 12 percent, if City government was doing what was necessary to reduce; whereupon, Dr. McGinnis explained that the government was ahead of 12 percent, but the government piece was only about 2 percent of all emissions and a very small slice of the pie. He further inquired if government referred to City government or all local governments; whereupon, Dr. McGinnis advised that government referred to government services buildings and activities within the city limits. There being no additional questions and/or comments by the Council, the Mayor advised that the briefing would be received and fled. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds for a federal Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services to support the Drug Market Initiative (DMI) in the Melrose- Rugby neighborhood. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39473-082012) A RESOLUTION authorizing acceptance of the Edward Byrne Justice Assistance Grant (JAG) Program from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 532.) Vice-Mayor Rosen moved the adoption of Resolution No. 39473-082012. The motion was seconded by Council Member Bestpitch. Mayor Bowers asked about the performance of the Drug Market Initiative Program in the Hurt Park area; whereupon, Chief Perkins advised that violent crimes, rape, murder, aggravated assault and robbery was down 40 percent; property crimes such as burglary, arson, larceny and motor vehicle theft was down 13.6 percent; drug offenses were down 33 percent and weapon offenses down 83 percent and that the area was doing really well. The Mayor asked the Chief to compare Hurt Park to the Melrose-Rugby area; whereupon, Chief Perkins advised that he wished not to elaborate because activities were ongoing and declined to identify the exact area and issues because of common initiatives used in both areas. 252 In response to inquiry by the Mayor with regard to the cessation of the program and displacement of criminals in the Hurt Park area, Chief Perkins explained that the program would not cease in one area to begin in another; fortunately the residents of the Hurt Park area have begun to engage and be a deterrent for crime in that community and that the criminals were not displaced and have been prosecuted. Council Member Bestpitch commended Chief Perkins and the Police Department and E-911 Center for helping citizens feel as though their calls are important. Council Member Lea commented that while visiting with Vice-President Joe Biden, the Secret Service mentioned that it was a great experience working with the Roanoke City Police Department to coordinate the visits of the President and Vice-President. There being no additional questions and/or comments by the Council Members, Resolution No. 39473-082012 was adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) Council Member Rosen offered the following budget ordinance: (#39474-082012) AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Edward Byrne Justice Assistance grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 533.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39474-082012. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Price and Trinkle were absent.) 253 BUDGET-GRANTS-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant Program from the United States Department of Justice to support the Police Department's bicycle patrol program and a radio system upgrade in the Sheriffs Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39475-082012) A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program from the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 534.) Council Member Bestpitch moved the adoption of Resolution No. 39475-082012. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) Council Member Bestpitch offered the following budget ordinance: (#39476-082012) 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 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 535.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39476- 082012. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) 254 BUDGET-GRANTS-NEIGHBORHOOD ORGANIZATIONS: The City Manager submitted a written communication recommending acceptance and appropriation of funds for a Certified Local Government grant from the Virginia Department of Historic Resources in connection with the preparation of two National Register nominations for the Melrose-Rugby and Riverland Historic Districts; and assistance with an architectural survey and expansion of existing boundaries of the Downtown Roanoke Historic District. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39477-082012) A RESOLUTION authorizing the acceptance of two Certified Local Government Grants from the Virginia Department of Historic Resources, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any actions necessary to obtain, implement, and administer such grants. (For full text of resolution, see Resolution Book No. 75, page 536.) Council Member Lea moved the adoption of Resolution No. 39477-082012. The motion was seconded by Council Member Bestpitch. For full disclosure purposes, the Mayor advised that he resides in the Walnut Hill/Riverland neighborhood and although it is not necessary to disclose, he has been advised by the Acting City Attorney that no conflict of interest exists. There being no additional questions and/or comments by the Council Members, Resolution No. 39477-082012 was adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) Council Member Lea offered the following budget ordinance: (#39478-082012) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 537.) Al 255 Council Member Lea moved the adoption of Budget Ordinance No. 39478- .- 082012. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) BUDGET-GRANTS-ARTS: The City Manager submitted a written communication recommending approval of a program to implement the use of mini grants in connection with the Arts and Cultural Plan that was adopted in August 2011; and appropriation of funds. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39479-082012) A RESOLUTION creating a Mini-Arts and Cultural Plan Implementation Grant Program. (For full text of resolution, see Resolution Book No. 75, page 538.) Council Member Bestpitch moved the adoption of Resolution No. 39479-082012. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) Council Member Lea offered the following budget ordinance: (#39480-082012) AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley for the establishment of Arts and Cultural Plan Mini Grants, amending and reordaining certain sections of the 2012 - 2013 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 539.) 256 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39480- 082012. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) COMMENTS BY ASSISTANT CITY MANAGER. Sherman M. Stovall, Assistant City Manager for Operations, offered the following comments: Complete Streets Policy Recognition • Complete Streets Policy provides design guidelines for planning, operation and maintenance of either new streets in the City or streets being modified. • Recently the National Complete Streets Coalition recognized the Complete Streets Policy as one of the nation's leading examples of safe smart transportation policies according to its recent nationwide -. analysis. • The coalition evaluated over 350 complete streets policies nationwide and scored the City's policy on 10 criteria that is part of an ideal policy. Overall the City of Roanoke had the tenth highest score among all complete street policies based on the criteria. Voter Precincts Realignment • Meeting to be held in the EOC Room, Room 159, at 4:00 p.m. Upcoming Events • Western Virginia Education Classic Football game to be held on September 1, at 1:00 p.m., at Ferrum College to support TAP's Dropout Retrieval Program. • Taste of Culture event scheduled for Friday, September 14, on Wall Street from 11a.m. to 2 p.m., Norway will be the featured country. • 23rd Annual Henry Street Heritage Festival will be held on Saturday, September 15 in Elmwood Park from 11:30 a.m. to 10:00 p.m. • The Seventh Annual Greek Festival will also be held at Holy Trinity Greek Orthodox Church on Saturday, September 15. 257 CITY CLERK: CITY CLERK-DIRECTOR OF FINANCE-MUNICIPAL AUDITOR: The City Clerk submitted a written communication advising of the expiration of the two-year terms of office of the City Clerk, Director of Finance and Municipal Auditor ending September 30, 2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea concurred in the reappointment of Stephanie M. Moon as City Clerk, Ann H. Shawver as Director of Finance, and Troy A. Harmon as Municipal Auditor for a term of office of two-years, each, commencing October 1, 2012 and ending September 30, 2014. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Members Price and Trinkle were absent.) REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for the FY 2012-13 Project Graduation Summer Academy; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: (#39481-082012) AN ORDINANCE to appropriate funding from the Commonwealth for the Project Graduation Summer Academy, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 540.) 258 Council Member Lea moved the adoption of Budget Ordinance No. 39481- 082012. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Members Price and Trinkle were absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Mayor Bowers called attention to Public Hearing Item No. B.3.(a) scheduled to be heard by the Council at 7:00 p.m. He commented that due to questions by the Council pertaining to revisions to the Zoning Ordinance, adoption of the ordinance would be tabled until the September 4 Council meeting; however, the public hearing would be opened for public discussion and staff presentation. Council Member Lea reiterated that the Western Virginia Football Classic would be held at Ferrum College on Saturday, September 1; and tickets were $5.00 each. He added that a $1,000.00 scholarship would also be given in memory of Roy Stanley by WDBJ 7. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:35 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. 259 The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development, Acting City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-GREENWAYS: The Mayor presented a proclamation to Donnie Underwood, Parks and Greenways Planner, Liz Belcher, Greenway Coordinator and volunteers recognizing and appreciating the efforts of the 4 Gorge Extension Trail at Carvins Cove volunteers. (See copy of proclamation on file in the City Clerk's Office.) PUBLIC HEARINGS: ZONING: 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, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Pastor Antonio Jones, on behalf of Kingdom Harvest Church, to rezone property located at 2031 Routt Road, N. W., bearing Official Tax No. 6440101, from Residential Mixed Density District, RM-2, to INPUD, Institutional Planned Unit Development District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 3, 2012, and Friday, August 10, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek North Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) 260 Council Member Lea offered the following ordinance: (#39482-082012) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, from Residential Mixed Density District, RM-2, to INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 541.) Council Member Lea moved the adoption of Ordinance No. 39482-082012. The motion was seconded by Council Member Trinkle. Corbin White, Agent, Caldwell-White and Associates appeared 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. The Mayor recognized Pastor Jones and members of the Kingdom Harvest Church. There being no questions and/or comments by the Council Members, Ordinance No. 39482-082012 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) ZONING: 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, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of City of Roanoke to rezone property and repeal conditions proffered as part of a previous rezoning located at 1684 Court land Road, N. E., bearing Official Tax No. 3070322, from Downtown District (D), with conditions, to Light Industrial District (I-1), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 3, 2012, and Friday, August 10, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 261 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Williamson Road Area Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39483-082012) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 542.) Council Member Bestpitch moved the adoption of Ordinance No. 39483-082012. The motion was seconded by Council Member Trinkle and Vice-Mayor Rosen. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39483-082012 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) ZONING: 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, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to update and clarify certain sections of the Zoning Ordinance, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 3, 2012, and Friday, August 10, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 262 The City Planning Commission submitted a written report recommending approval of the amendments to the City Code. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: "AN ORDINANCE amending and reordaining various sections and Appendix A, Definitions, and adding various sections, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance, and dispensing with the second reading by title of this ordinance." (For full text of ordinance, see Ordinance on file in the City Clerk's Office.) Council Member Bestpitch moved the adoption of the Ordinance. The motion was seconded by Vice-Mayor Rosen. Chris Chittum, Planning Administrator, explained the proposed changes to the Zoning Ordinance, highlighted the following amendments: Zoning Amendments • Adopted new ordinance in 2005 ... 2012 Zoning Ordinance Amendments • Updates every 18-24 months Highlights • Refine as development issues or opportunities for improvement identified. Building Placement Issues Building Placement Response • Clarified rules for placing buildings in relation to min/max • Clarifications needed for additions, yams. multiple buildings,and corner lots. • Get 60%or more of the street-facing facade to meet the • On corner lots,choice of frontage. May maximum yard choose to front on a non-primary street. If additions and multiple buildings,the regulations apply only when the street-facing facade is widened. • Elevated entrances create general access 'Relief valve`Civic Space Yard Option:rftM1e build-to •and ADA accessibility issues. line can't be met for some reason,the developer can create a civic space 263 Mr. Chittum explained that it was imperative to clarify the sections on building placement especially for corner lots and table 205-2 clarifies how to meet those maximum front yard situations. Building Placement Response Use tables • Table 205-2 banes HOW to meet max front yard in venous • Continue to expand the palette of land uses permitted in the situations(new building,addition existing building,multiple multiple purpose d6Ggs and industrial d19ncts building.and so on) • Distracts included. • Table 319 auk/mg placement and transpaeny standards specify - laud use detect the frontages on which to meet max front yard In general.building — Commercial Nepnbrmow Patriot should be pulled up to the street vnth the highest rafc count. Commerdal Genera ti5ma - Downtown • specifies frontages where to add transparency OWiere budding faces Commercial isir Large-Site a street).Want to avoid blank façades Ol primary streets. smplmea - urban Herolytna transparency calcuations. - renunwstna - Heavy indusca — Airport oevdopmeni • Weenies frontage to locate an entrance at grade for aecesslbuuy. He advised that each set of amendments were designed to offer opportunities where people could expand and do more. He noted that all the multiple purpose districts were examined and the special exception process allowed for the property owner to appear before the Board of Zoning Appeals involving a public hearing process where neighbors were notified and could speak their views on whether the proposed use was compatible for the neighborhood. Neighborhood Design District Supplemental Regulations for • Innovative policy has been extraordinarily successful in certain Uses producing better outcomes for neighborhoods. • Community Gardens -Comwttmliyln residential contexts • With experience.we identify opportunities for flexibility. • Townhouses • When ADA Accessible,allow greater range for -simpuh foundation height • Workshops - um • Allow attached garage if offset behind face of housUnit soul. • Allow addition on front if it includes a porch. 264 Buffering & Screening Buffering & Screening • Current regulations based on abutting districts, • Various references to buffer requirements buRers lBscreehnsare lity.No flexibility with where deleted from supplemental regs. • New approach needed to get desired outcomes. New table lists uses and activities that require • buffenng/screening • New regs base need for screening/buffering on activities. • Provides option for street screen(fence or wall) • Allow developer to locate buffers anywhere they get the to buffer parking from street and sidewalk. This job done. option uses less space and is better for urban contexts. • Innovative approach Mr. Chittum pointed out that the buffering and screening regulations needed a complete overhaul because it was yielding negative results; such as places of worship located in neighborhoods ending up with a wall of pine trees surrounding it, so a table has been developed to offer what approach should be taken in certain situations. He noted that the City was innovative based on research few localities were using that method to solve issues. Parking standards Signs • Delete limit on number • Last amendment addressed number of spaces er of building mounted signs • This amendment addresses dimensional,matena(and ' Allow freestanding sign allotment to be transferred location standards. toward building-mounted signs. • - • New table consolidates and clarifies standards. • Increase allotment for noon story wall signs. Current percentage does not work well for smaller buildings. • Single-family.duplex,small multifamily,and small Keep 300 sf cap. townhouse developments treated similarly • Gravel permitted anywhere sole access is off alley He added that gravel would now be permitted anywhere sole access was off an alley which was a pretty significant development because currently the ordinance requires pavement of the area. He joked that it would be called the Bestpitch Amendment. 265 Soo+sf i,a ar + _1— , 1'I Mr. Chittum explained the above illustration stating that the allotment for upper story wall signs would be increased for signs above 25 feet; current regulations were fine for large buildings, but not for smaller buildings and pointed out that according to the current regulations the small sliver in the illustration on the right was for signage and did not allow for much space. Nonconforming Uses Definitions • Allow small expansions in residential districts by special • Internet sales establishment: retail sale, exception but functions more like an office. • Currently no option to permit • Sight distance triangle. Base on edge of pavement rather than property lines. Process • October 0011 Gly Counal bnenng on response to commercial budding placement.ssu®. • Banning Commission discussed and refined amendments four subsequent ning Commission work sessws between OctObet 2011 and July 2012 Questions? • m hearing nob ce n Roanoke Times amendments were In addition PaD public pages. Rnrlbuled by I.4Roenooke m Rammmg Coin mission public heaping July IB •• Ra inns Commrsslon voted 7 0 to recommend approval 266 The Mayor inquired if there were persons present who wished to speak on the matter. Jan Keister, Treasurer, Old Southwest Board of Directors, appeared before the Council and spoke with regard to Internet sales establishments and expressed concern about the proposed new use in the MX and CM districts and that it could be placed in uses such as home occupation because there was no storefront or customer interaction. (See written remarks on file in the City Clerk's Office.) Lynn Hunt, Membership Chairman, Old Southwest Board of Directors, appeared before the Council and spoke with regard to the appropriateness of artist studios in the MX District and added that it would be more appropriate in the CM District providing an excellent setting for sales because the MX District does not allow for retail sales. (See written remarks on file in the City Clerk's Office.) Jim Downey, Safety Chair, Old Southwest Board of Directors, appeared before the Council to endorse the recommendations that the Board of Directors for Old Southwest have adopted regarding the proposed zoning amendments and read the purposes of a Mixed Use District based upon the current City Code. (See written remarks on file in the City Clerk's Office.) Jan Wilkins, Member, Board of Directors of Old Southwest, and Manager of the Alexander-Gish House, appeared before the Council and spoke with regard to the current businesses and establishments in Old Southwest that were not permitted in the Mixed Use District. (See written remarks on file in the City Clerk's Office.) Mayor Bowers asked Mr. Wilkins if the Board of Directors met with City staff to go over the proposed changes; whereupon, Mr. Wilkins advised that they met on last Thursday and was offered an explanation of the changes, but were not able to ask questions at that time. He asked for more time to review the changes in connection with their neighborhood. Joel Richert, Member, Board of Directors of Old Southwest, appeared before the Council and summarized the comments of the previous speakers; added that there were good points to the proposed changes; and asked that staff continue to work with Old Southwest to clarify the changes. (See written remarks on file in the City Clerk's Office.) r./ 267 Sherry Hicks, representative of the Spectrum Sports Academy, appeared before the Council and spoke with regard to the actual use table for Industrial Districts and explained that she acquired property in November 2011 with the intention of developing a unique sports facility in the Roanoke Valley and wished to expand the current 36,000 facility by an additional 22,000 square feet in order to construct a health and fitness center. She asked that a conditional approval of Section 36.2-322 include the addition of health and fitness centers to the use table for the industrial districts. In closing, Ms. Hicks emphasized that a delay in the approval of the requested amendment would have a significant detrimental impact on their business plan. There being no further speakers, the Mayor declared the public hearing closed. Brian Townsend, Assistant City Manager for Community Development, advised that the property referenced by Ms. Hicks was the former ice skating rink and currently a nonconforming use under the Airport District and could not be expanded because of such zoning. He continued that in order to expand without rezoning the property, the options were to amend the Code to allow the sports facility to be a permitted use in the Airport District or apply to the City to amend the Zoning Map and change the zoning category to no longer be nonconforming under the general airport district regulations. He added that many other projects within the City were awaiting the package of zoning amendments and asked to be allowed until September 4 to consider the ►- comments of the above speakers and make changes accordingly. Council Member Ferris inquired if that was enough time to take into consideration the comments of Old Southwest and make the necessary changes to an 88 page document; whereupon, the Acting City Attorney advised that most of the comments and changes were concentrated to one table that could be modified within that time period. There being no additional comments, Council Member Bestpitch offered a motion to table the matter until the September 4 Council Meeting in order to allow staff sufficient time to consider the public comments that centered primarily on the five — six use categories and prepare a briefing for the 9:00 a.m. session; and thereafter, submit the matter to the Council at the 2:00 p.m. agenda for action. The motion was seconded by Council Member Trinkle and adopted. CITY CODE-ZONING: The City Manager submitted a written communication recommending an amendment of the City Code to simplify the terminology regarding restriction on the keeping of inoperable motor vehicles and to clarify the locations in which these vehicles may be kept in connection with zoning districts specified in Chapter 36.2, Zoning, the matter was before the body. (For full text, see communication on file in the City Clerk's Office.) 268 • Vice-Mayor Rosen offered the following ordinance: (#39484-082012) AN ORDINANCE amending and reordaining Section 20- 126(a), Restriction on Keeping of Inoperable Motor Vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; to clarify the locations in which inoperable motor vehicles may be kept; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 544.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39484-082012. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) CITY-OWNED PROPERTY-SALE/PURCHASE OF PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 20, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to enter into a contract conveying a portion of the City's Market Garage located at 25 Church Avenue, S. E., to South Commonwealth Partners, LLC, (South Commonwealth) in order for South Commonwealth to construct on, make improvements to, and renovate portions of the Market Garage so that a hotel can be built in the conveyed Air Rights above the Market Garage, within the ground floor space being sold, and within such other easements as may be necessary for the operation of such hotel, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 10, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a Sales Contract between the City and South Commonwealth Partners, LLC, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 269 Vice-Mayor Rosen offered the following ordinance: (#39485-082012) AN ORDINANCE authorizing the proper City officials to execute a contract and the necessary documents to sell to South Commonwealth Partners, LLC, a portion of certain City-Owned Property known as Market Garage, located at 25 Church Avenue, S. E., Roanoke, Virginia, and identified as an approximately 11,500 square foot portion of a commercial/retail space within the Market Garage building and a portion of the Air Rights located above the Market Garage, all of which is a portion of Tax Map No. 4015004, 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 by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 545.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39485-082012. The motion was seconded by Council Member Trinkle. Paul C. "Bo" Aughtry, Ill, Manager Partner, and Gary Morgan of Windsor-Aughtry Company, representatives of South Commonwealth Partners, LLC, appeared in support of the conveyance. Mike Wray, former Roanoke County Board of Supervisors and an employee of Norfolk Southern Corporation, appeared before the Council and expressed concern about the possible lack of parking spaces for Norfolk Southern employees in the Market Parking Garage, upon completion of the proposed Hotel, adding that Norfolk Southern currently has approximately 50 spaces and desires additional parking spaces in the garage. There being no additional speakers, the Mayor declared the public hearing closed. Based on his understanding that proposed the Hotel would utilize the parking spaces in the Garage mostly nights and weekends based upon arrival of patrons, and that it was not anticipated to adversely affect long term tenants such as Norfolk Southern, Council Member Ferris asked for further clarification; whereupon, the Assistant City Manager for Community Development stated that this was an important milestone in said project and that the sales contract provides a framework for both the Commonwealth Partners and the City, setting parameters for the project to move forward. As noted in the Council report, he indicated that there were a number of other agreements and documents to be finalized during the due diligence period, one of which was a parking agreement with the Commonwealth Partners to support the operation of the hotel. 270 Mr. Townsend continued that once the parking needs of the hotel have been determined in relation to how the City's garage currently functions since there are multiple variables, i.e., downtown residents, hourly parking available, monthly unreserved spaces and monthly reserved spaces, City staff will review the operational aspect of the garage, as well as take into account the hotel's operational needs. He remarked that the proposed hotel would provide parking demand for part of the day, adding that the City currently does not have a demand for late afternoon and overnight parking, but City staff would look at how the operations of the garage would be affected, i.e., the number of spaces allocated, how they are allocated, and for what purposes. Mr. Townsend explained that there were approximately 506 spaces in the garage and knowing that there may be 125 - 127 rooms under the current concept, City staff has enough information to begin working with Commonwealth Partners on a parking agreement while their due diligence process goes forward on the design of the hotel. In closing, he emphasized that the City would be mindful of its commitment to existing customers as well as how the allocation would be affected, adding that there would be enough spaces to address concerns related to reserved parking. He remarked that reserved parking tended to adversely impact the ability to maximize utility .. of spaces in a parking garage because empty spaces could not be utilized for any other purpose; and therefore, the City must be mindful of reserved spaces in a garage and are not in inventory for anything else. Council Member Lea inquired if the opening of the proposed hotel would have an adverse affect on the labor force at the Hotel Roanoke and Conference Center; whereupon, Mr. Townsend stated that City Administration was confident that the proposed hotel, under a flag from a national hotel corporation, would be successful and would not cannibalize an existing business or existing activity. He further stated that having bucked other trends in the Region and in the State, the City's hotel/motel occupancy tax had performed well over the past couple of years, as well as the Meals Tax. Within the context of today versus three years from now, he believed that jobs in the hospitality industry would be available; and the City was looking at those jobs to supplement and build upon the core strength that already exist in downtown Roanoke, with the Hotel Roanoke and other hotel facilities. In response to concerns by citizens regarding job security, Mr. Aughtry reiterated that Commonwealth Partners planned to provide additional temporary and permanent positions for the Roanoke area; and in connection with comments by Mr. Wray about Norfolk Southern employee parking spaces in the Market Garage, he assured that everyone that the project will not interfere with the employee parking during regular -Weil business hours. 271 Following positive comments regarding the proposed project by the Mayor and Members of City Council, Ordinance No. 39485-082012 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Maggie Lee appeared before the Council and reiterated the comments of Joann Lynch and Serena Atkins with regard to the Four Flavors Jamaican Restaurant located on Williamson Road and asked the Council to contemplate a possible solution for small business owners and residents to work together to make the community a better place. Mayor Bowers advised that Ms. Lee's comments would be added to earlier comments referred to the City Manager for review and response. There being no further business, Mayor Bowers declared the Council meeting adjourned at 8:43 p.m. APPROVED ATTEST: A4- ) . � - Stephanie M. Moon, MMCIni\---Litrrj David A. Bowers City Clerk Mayor 272 CITY COUNCIL-REGULAR SESSION September 4, 2012 9:00 a.m. The Council of the City of Roanoke met in joint session on Tuesday, September 4, 2012, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, 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. 39429-070212 adopted by the Council on Monday, July 2, 2012, with Mayor David A. Bowers and Chairman Amy Moorefield presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen and Mayor David A. Bowers-7. ABSENT: NONE-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. " Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. ROANOKE ARTS COMMISSION MEMBERS PRESENT: Scott Burton, Rupert Cutler, Jeanne Fishwick, Charlene Graves, Margaret Hannapal, Nathan Harper, Patice Holland, Douglas Jackson, Lucy Lee, David Mickenberg, Kianna Wade , Greg Webster and Chair Amy Moorefield-13. ROANOKE ARTS COMMISSION MEMBERS ABSENT: Susan M. Egbert and Thomas L. Mckeon-2. ITEMS FOR DISCUSSION: Overview of 2011-2012 Arts Commission Accomplishments Chairman Moorefield gave an overview of the Arts Commission's accomplishments for fiscal year 2011-2012: 273 • Arts and Cultural Plan o Approved by City Council in August 2011 o Plan Implementation Committee has met monthly o RAC presented first year implementation plans to the community in February 2012 • Community Updates o These updates will be provided to the community on an annual basis o Next one scheduled for early 2013 • Building Blocks o Implemented —A Vibrant Region — Healthy Economy • Restructured City grant to align with arts and cultural plan • Developed mini grant program in collaboration with Foundation for Roanoke Valley • Study of sustainable funding alternatives o Implemented — Livable Communities— Engaged Neighborhoods • Arts and Culture is now included as a category in the City's neighborhood grant program • Arts and culture will be included in all neighborhood plan revisions • Received a $50,000.00 National Endowment for the Arts Grants to implement Arts Where You Live o Implemented — People, Education, Lifelong Learning • Link arts and culture to other participatory activities like biking and greenways • Work with libraries to continue and expand arts and cultural programming • In Flux will remain in Vic Thomas Park as a Compliment to the Ann Master Memorial Sculpture Garden • Continue Implementation of the Public Art Plan Art For Everyone o Completion of the NEA conservation grant o Collections Committee reviewed the public art plan and almost all goals are in place • Continue to Building and Maintain the City's Regional Art Collection o The Arts Commission reaffirmed the desire to continue to add works by regional artists to the collection (as allowable by purchasing laws in Virginia) o There are a total of 116 works in the City's collection of which 88 are by artists currently living in the region or who lived in the region when the work was purchased • Donations Include Works by Tony Hale and Dorothy Gillespie 274 • Agency Funding Advisory Committee o Make recommendations to City Council on funding of arts and cultural organizations o Monitor implementation of programs funded by the City through AFAC Process • Support State and National Training Opportunities for RAC Members and Staff o City Works Xpo o Virginians for the Arts Annual Conference o Americans for the Arts Annual Conference o Thriving Communities Institute o National Symposium on Arts and Entertainment Districts • RAC Often Gives Advice on Projects or Speaks with Outside Organizations o Elmwood Park Project o Nolan Park Project o Convention and Visitors Bureau o Arts and cultural Capacity Analysis o Hollins University Arts Administration Class o City's Innovative Leadership Class o Funders Group organized by Council of Community Services o Kiwanis Club of Roanoke ^ At this point, Council Member Lea entered the meeting (9:05 a.m.) Arts and Cultural Plan Implementation • Research for Sustainable Funding of Arts Organizations — Douglas Jackson o Assets Districts o United Cultural Funds o Other Dedicated Funding Sources o Lodging o Retail sales o Admissions/Amusement o Endowments o Lottery • Arts and Cultural Districts — Dr. M. Rupert Cutler o Attended National Symposium on Arts, Cultural and Entertainment o Districts in Baltimore on April 4— 5, 2012 • Handout noting City can conduct a small grass program and provide tax abatements, improve the quality of basic city services, provide flexibility in zoning and building codes and offer housing counseling to help artists find affordable housing ^.. and the funds can be used for parks, trails, historic places and rehabilitation. . 275 • Key Things Learned o Successful districts were not usually downtown, but on the fringes of downtown in formerly run-down (low rent) neighborhoods o Arts districts represent an opportunity to revitalize a neighborhood o Old industrial districts lend themselves to becoming arts districts o "Natural" arts districts are initiated by "local players", not developed from the top down • Work Plan for 2012-2013 — Amy Moorefield o Implement the NEA Our Town Grant — Arts Where You Live Program o Produce new brochures for the public art collection and the Art by Bike tour o Implement Arts and Cultural Plan Mini Grants o Develop a comprehensive maintenance plan for the City's art collection based on the conservator's report o Continue work with The Convention & Visitors Bureau, The Arts Council of the Blue Ridge and the Regional Partnership on joint marketing efforts o With Department of Technology develop new collections management software to include a new interactive web site for the public art collection o Expand public art on the Greenways — Please join us on September 20 at 11:00 a.m., as we dedicate the new Ann Master Memorial Sculpture Garden in Vic Thomas Park (For full text, see copy of presentation on file in the City Clerk's Office.) With regard to State Code provision of artists as contractors, Susan Jennings, Public Art Coordinator, stated that Virginia was one of four states in the Country that do not exempt artists doing work in the public realm from requirements for contractors' license for any work over a thousand dollars. She remarked that in the State of Virginia, any construction costing over a thousand dollars that was permanently affixed to a site must be completed by a Virginia licensed general contractor who is anyone that takes orders for a fixed price, and therefore, artists are classified in this category. On behalf of the Arts Commission, Ms. Jennings asked that the matter be referred to the Legislative Committee for review. In connection with an update of accomplishments achieved during the 2011-2012 period, Ms. Jennings distributed copies of a potential work plan for the Arts Commission, depicting the following: • 276 • Continue the implementation of the City's Arts and Cultural Plan .. working with City planning staff and local partner organizations. Activities include: ..� o Development of Office of Arts and Culture proposal o Integrate public art into greenway o Coordinate cross promotion of regional arts and outdoor assets o Study sustainable funding for arts and cultural institutions o implement the Plan Implementation Mini Grant Program o implement Arts Where You Live program funded by National Endowment for the Arts Our Town Grant • Continue implementation of the Public Art Plan Art for Everyone o Oversee implementation of the conservation report recommendations o Develop an overall maintenance plan for the City's art collection o Present work plan to City Council for new public art by December 31, 2012 o Print and distribute new public art catalogue o Redevelop the Art in Roanoke website and update public art web pages • Continue to build and maintain the City's regional art collection (as called for in the Public Art Plan) o Advise City Manager on requests to donate works o Review collection and make purchase recommendation o Highlight the regional collection through increased public relations efforts • Support local artists and students (as called for in the City's Arts and Cultural Plan) o Explore opportunities to support City of Roanoke student art related projects o Assist Clean Valley Council with Ann Masters Memorial Sculpture Garden in Vic Thomas Park • Make recommendations to City Council on funding of arts and cultural organizations through the Agency Funding Advisory Committee (AFAC) (as designated in the ordinance establishing the RAC) o Incorporate this program into the United Way process • Monitor implementation of programs funded by the City through AFAC • Support state and national training opportunities for RAC members and staff (See copy of handout on file in the City Clerk's Office.) 277 Ms. Jennings mentioned that the Arts Commission was going to produce new brochures for the public arts collection and the Art by Bike tour because the Commission received so many new wonderful gifts. She continued that the Commission would with the implementation of the Arts and Culture Plan, adding that they have developed a comprehensive maintenance plan for the City's art collection based on a report that was a thick document on file in the Department of Economic Development. Ms. Jennings further commented that the Commission would continue to work with the Convention and Visitors Bureau, the Arts Council of the Blue Ridge and Regional Partnership on joint marketing efforts. She mentioned that with the Department of Technology, the Commission planned to develop new collections management software to include an interactive website for the public arts collection which is wonderful and exciting. She concluded that the Commission was planning to expand the public art on the greenway; and mentioned the dedication of the Influx at a ceremony in Vic Thomas Park on September 20 at 11:00 a.m. Comments: Council Member Trinkle spoke about sustainability funding. He commented on the layout, noting it was nicely written and easy to follow, and appeared semi-easy to implement. He indicated his support for researching an endowment type of approach to the sustainability funding issue, and suggested that the City dedicate more than one percent to the arts. He recommended that the Commission report back to the Council with some proposals or ideas that could be vetted publicly; and thereafter, move forward on some sustainable funding strategy. Council Member Trinkle also mentioned support of Dr. Cutler's suggestion in terms of art districts in neighborhoods, given that the district was necessary in order to do a tax incentive for the City as a Whole as an admission tax forgiveness. He also indicated support of the greenway and library partnerships, respectively. Lastly, Council Member Trinkle thought the name of the Commission should be changed to the Arts and Culture Commission since cultural organizations were now being included. He called attention to the huge concrete wall along the Reserve Avenue Bridge towards Carilion, and stated that he had spoken with Carilion officials about a possible mural partnership, adding that it was a great spot for outdoor art that could be beautiful for the City park system. Council Member Bestpitch was glad to see joint marketing with the Roanoke Valley Convention and Visitors Bureau, the Arts Council of the Blue Ridge and the Regional Partnership, respectively, as part of the Art Commission's work plan, adding that those types of collaborations were always important. He asked for additional information pertaining to the collaboration for the arts -- Where You Live Program and collaboration with the Arts Council as opposed to the Program itself. 278 Ms. Jennings explained that since the "Our Town Grant" required partnerships in the community, the Arts Commission sought assistance from the Roanoke Symphony Orchestra and the Arts Council of the Blue Ridge, with the whole focus of the grant being to take the arts into the neighborhoods. She went on to say that because national research had shown that people connect with the arts first where they live, they thereafter start attending museums and live performances. Ms. Jennings further explained that the second goal of taking the arts into the neighborhoods was to build audiences for arts and cultural organizations, such as the symphony serving as the booking agent for all performing arts, including dance and music; and all across the board, the Arts Council would serve as the booking agent for the visual arts. She insinuated that the Arts Commission was working on an application process where artists and arts organizations could create a vision of what should be placed in the neighborhoods, pointing out that the Commission members were not programmers, and do not want to create programs, but would want the ideas to come from persons with creative energy and talent. She continued by stating that the persons would have to apply to a committee consisting of the Arts Commission, Arts Council, the Symphony which would vet the applications into programs, and thereafter be permitted to go into the community. With regard to conservation work, Council member Bestpitch inquired about work in Lee Plaza; whereupon, Ms. Jennings pointed out that the Commission had taken care of two of the first level works, i.e: the Martin Luther King Memorial and Firefighters Fallen Firefighter as part of its grant; and that the Commission would be seeking funds, perhaps through a grant process, to perform so work in Lee Plaza, along with the assistance of veteran groups to get the work accomplished. Council Member Bestpitch stressed the importance of making the work a priority, indicating that the Plaza was a perpetual memorial and definitely needed to be maintained as a high priority. Council Member Bestpitch spoke about focusing on regional artists as allowable by purchasing laws in Virginia and wanting to provide opportunities for art to people in the region, not just Roanoke. He questioned if there were things that could be done under the purchasing laws of Virginia that would help move more the City in said direction; whereupon, Ms. Jennings stated that an artist could be contracted for under $2,500.00 directly, and a RFP or RFQ not issue. In addition, she remarked that the Commission decided to continue to build the regional collection. Mayor Bowers interjected and asked the Commission to make certain all of the City's communities were certainly represented and have the opportunity to get experience. 279 Vice-Mayor Rosen expressed appreciation to the Commission for its work with other organizations to reduce duplication; and for trying to improve the art education within the Roanoke City Public School system, along with student participation. He touched on the funding issue, especially the idea of the endowment. He encouraged the Commission to try to find ways outside the box to eliminate duplication of expenses. From the endowment perspective, he asked the Commission to try to drive this from the private sector. He pointed out that there were lots of sports groups that play an important role in the quality of life, i.e.: youth sports, adding that something could be dedicated that would be beneficial to the life of the community. Dr. Cutler commented on the potential mural for the Reserve Avenue Bridge and called attention to the space across from the entrance to Roanoke Carilion Memorial Hospital, adjacent to the greenway between the Pedestrian Bridge from the staff parking garage on Jefferson Street that's going to be converted to a place for families of patients in the hospital to rest, adding that there will be art on the greenway in connection with a Carilion Healing Garden. Mayor Bowers concluded with comments about the impact that other communities were realizing by having and promoting arts in their community. He mentioned having the support for the arts as a public/private venture, adding that it was something that the City government could do alone. With regard to regional efforts, he asked the Commission to consider, as one of its goals, to reach out to artists and those persons who promote and support the arts in other local jurisdictions. In closing, Chairman Moorefield expressed appreciation to the Council for its time and opportunity to work with them for another year. Chairman Moorefield declared the Arts Commission meeting adjourned at 10:06 a.m. Mayor Bowers declared the Council meeting in recess at 10:06 a.m., to be reconvened for briefings and Closed Meetings. At 11:47 a.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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.) 280 Council Member Trinkle moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Vice- Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. SALE/PURCHASE OF PROPERTY-ARMORY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 250 Reserve Avenue (former Naval Reserve Building), where discussion in a 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.) Vice-Mayor Rosen moved that Council concur in the request of the City Manager to convene in a Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Elections/Consideration of moving local elections from May to November Dr. Harry Wilson, Professor, Roanoke College, appeared before the Council to share information regarding May vs. November Municipal Elections. (See copy of handout on file in the City Clerk's Office.) • 281 Dialogue was held regarding the pros and cons to holding municipal elections during May or moving them to November to coincide with the State and President elections. Professor Wilson recommended that the Council weigh the pros and cons, recognizing the strong arguments on both sides of the issue. If the Council should chose to move the elections from May to November, he further recommended that the year be odd instead of even. In closing, the Mayor asked that the matter be set over again for another briefing at the October 5 Council Meeting in order to allow time for further discussion. Zoning Ordinance Amendments Christopher Chittum, Planning Administrator, followed up on the matter that was tabled at the August 20, 2012 public hearing regarding an amendment to update and clarify certain section of the Zoning Ordinance. As a highlight bullet point, he noted the following: • Zoning Amendments Highlights o Building Placement o Uses • , o Parking: location and materials o Buffer yards o Signs o Review: Comments from Hearing Old Southwest neighborhood residents • Use changes in MX and CN o Spokesperson from Spectrum Sports Academy • Use changes in Airport District • Background information for discussion of proposed amendments to Permitted Uses in the MX and CN Zoning Districts from August 20, 2012 Public Hearing o Uses that were of concern to residents of the Old Southwest neighborhood as expressed at the City Council public hearing on August 20, 2012; o The definition of the uses from Appendix A of the Zoning Ordinance; o The status of the use under the current ordinance and proposed amendments (not permitted, permitted by right, or permitted by special exception) o The staff/planning commission basis for the proposed amendment; and o Old Southwest comments regarding the proposed amendments • List of the Use Table Excerpts is a portion of the Zoning Map that highlights the location of MX and CN Districts (For full text, see copy of presentation and Map of the Old Southwest Current Zoning on file in the City Clerk's Office.) 282 Following intense dialogue regarding the amendment to the Zoning Ordinance, the Council requested City staff to remove the eight district uses in MX, Mixed Use and CN, Neighborhood Commercial District, in question from the proposed measure, and bring forth a revised measure for adoption at the 2:00 p.m. session of Council. VIRGINIA MUNICIPAL LEAGUE-CITY TREASURER: The City Manager called attention to a joint communication with the City Treasurer to approval the creation of the VACoNML Virginia Investment Pool Trust Fund with joint exercise powers with Chesterfield and Arlington Counties. He advised that even though final language among the three jurisdictions needed to be worked out, he wanted to present the matter before the Council since a Virginia Municipal League Financial representative was in town and could speak to the matter; and due to the Treasurer having to be out of the City, he asked that the matter be tabled until the September 17 meeting for action. At 1:28 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, Mayor Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price (arrived late), Court G. Rosen and Mayor David A. Bowers-7. ABSENT: NONE. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. At this point, Council Member Price entered the meeting (2:01 p.m.). The Invocation was delivered by The Reverend Timothy Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Mayor Bowers recognized Reverend Harvey for serving as the moderator of the Church of the Brethren's Annual Conference that was held July 7 — 11, 2012 in St. Louis, Missouri. He noted that it was the 226th recorded annual meeting of the denomination; and that it was the highest elected position in the Church of the Brethren. 283 PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Larry Black appeared and addressed the Council with regard to the vendor stalls in the City Market Square. He reiterated that it was the Council's responsibility to protect and defend the vendor stalls in Market Square, from Campbell Avenue to Church Avenue. Arthur Light appeared before the Council and called attention to Section 14-123 of the City Code, as it relates to trash. He explained that he had received a citation for an amount over $200.00 for placing brush at the curb a week in advance, even though some of it was over four feet in length. Mr. Light asked that that the City reconsider the portion of the citation, noting that if it's not removed within 24 hours, the fine will be imposed, or perhaps, make it even more clearer in the document that is posted on the front door of the property owner. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a public hearing request from the City Manager. MINUTES: Minutes of the regular meetings of the Council held on Monday, July 2, 2012; Monday, July 16, 2012; and Monday, August 6, 2012, were 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 Vice-Mayor Rosen adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. 284 CITY PROPERTY-LEASES: A communication from the City Manager requesting .. that Council schedule a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the lease renewal of space to Hertz Corporation to operate an automobile rental establishment at 5550 Precision Circle, N. W., 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 above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION-BUILDING AND FIRE CODE BOARD APPEALS-ROANOKE VALLEY- ALLEGHANY REGIONAL COMMISSION ROANOKE VALLEY AREA METROPOLITAN PLAN ORGANIZATION-ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: Reports of qualification of the following individuals were before the Council: Carolyn Barrett as a member of the Personnel and Employment Practices Commission to fill the unexpired term of Leticia Smith ending June 30, 2014; Jeffry Parkhill for a one-year term of office ending June 30, 2013, Cynthia Fendley and William Holland for two-year terms of office ending June 30, 2014 as members of the Building and Fire Code Board of Appeals; Council Member Raphael E. Ferris as an Elected Official representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term of office commencing July 1, 2012 and ending June 30, 2015; and as the Elected Official representative of the Roanoke Valley Area Metropolitan Planning Organization to fill the unexpired term of Council Member David B. Trinkle ending June 30, 2014; and Duane Smith and Edward Garner as Commissioners of the Roanoke Redevelopment and Housing Authority for four-year terms of office ending August 31, 2016. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 285 Council Member Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: BONDS-SCHOOLS-CAPITAL PROJECTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, September 4, 2012, at 2:00 p.m.., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to authorize the issuance of a General Obligation Bond not to exceed $2,014,210.00 for school capital projects, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 10, 2012 and Friday, August 17, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The Director of Finance submitted a written communication recommending adoption of a resolution authorizing issuance of a general obligation bond not to exceed $2,014,210.00 for school capital projects. (For full text, see copy of report on file in the City Clerk's Office.) Council Member Tinkle offered the following resolution: (#39486-090412) A Resolution authorizing the issuance of a not to exceed $2,014,210.00 General Obligation School Bond, Series 2012, of the City of Roanoke, Virginia, to be sold to the Virginia Public School authority and providing for the form and details thereof. (For full text of resolution, see Resolution Book No. 75, page 548.) Council Member Trinkle moved the adoption of Resolution No. 39486-090412. The motion was seconded by Council Member Price. Dr. Curt Baker, Deputy Superintendent, Roanoke City Public Schools, appeared in support of the adoption of Resolution No. 39486-090412. 286 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, Resolution No. 39486-090412 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. PETITIONS AND COMMUNICATIONS: CITY MANAGER-CITY TREASURER-VIRGINIA MUNICIPAL LEAGUE: Joint communication from City Manager and City Treasurer recommending creation of a VACoNML Virginia Investment Pool Trust Fund through joint exercise of powers with Chesterfield and Arlington Counties. (For full text, see communication on file in the City Clerk's Office.) The Mayor reminded the Council that the matter was to be brought forward by ordinance; and thereafter, tabled for action at the request of the City Manager. Vice-Mayor Rosen offered the following ordinance: "AN ORDINANCE approving a Joint Exercise of Powers Agreement between the County of Arlington, the County of Chesterfield, and the City of Roanoke, Virginia, for creation of the VACo/VML Virginia Investment Pool. Vice-Mayor Rosen moved the adoption of the ordinance. The motion was seconded by Council Member Trinkle. Evelyn Powers, Treasurer, gave a brief overview as to what an Investment Pool Trust Fund was, as well as the pros and cons. She stated that the City of Roanoke had been asked to be one of the Charter founders of this new investment fund, which is very much like the local government investment pool that the City uses regularly, except the City can retain it longer, such as six months, that will have weekly liquidity as opposed to daily, and it would allow the City an opportunity to have a better yield than what it is getting at present. The Treasurer introduced Robert "Bob" Lauterberg, Managing Director; and Steven C. Mulroy, Deputy Director, VMLNACo Finance, for further clarification and response to questions from the Council. 287 Mr. Lauterberg added that the fund would provide local governments an investment alternative with a higher yield without sacrificing safety and liquidity. He continued that, by pooling the investments of many local governments from around the Commonwealth, localities could access their funds in times of emergencies while knowing their investments were safe because of the diversified portfolio. He stated that an OPED trust fund had been created with Fairfax and Henrico Counties being the founding members and for the current project, VMLNACo Finance was asking the City of Roanoke and the Counties of Arlington and Chesterfield to be the founding participants. Council Member Rosen questioned if one of the three localities could withdraw their funds in case of an emergency; whereupon, Mr. Lauterberg stated that VMLNACo Finance was not asking the three localities to invest in the fund, but only to help form the program. In response to Mayor Bowers' inquiry as to why the matter needed to be tabled; Mr. Lauterberg replied that the trust agreement was still be reviewed by the attorneys. The Acting City Attorney commented that the attorneys were still working on the document and it should be ready for approval at the September 17 City Council meeting. There being no additional comments by the Council, Council Member Trinkle offered a motion to table the matter. The motion was seconded by Vice-Mayor Rosen and unanimously adopted. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANT-HOUSING: The City Manager submitted a written communication recommending acceptance and appropriation/transfer of 2012 - 2013 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) Program funds from the U.S. Department of Housing and Urban Development (HUD) to provide for a variety of activities ranging from housing and community development to homelessness prevention, rapid re-housing and economic development. (For full text, see communication on file in the City Clerk's Office.) 288 Council Member Bestpitch offered the following resolution: (#39487-090412) A RESOLUTION accepting the Fiscal Year 2012-2013 funds for the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant Program; authorizing the City Manager to execute the requisite Grant Agreements, Funding Approval, and other documents, with the United States Department of Housing and Urban Development ("HUD"); and authorizing the City Manager to execute such subgrant agreements, amendments, and other documents as may be required. (For full text of resolution, see Resolution Book No. 75, page 560.) Council Member Bestpitch moved the adoption of Resolution No. 39487-090412. The motion was seconded by Council Member Price. Council Member Price commented that CDBG funds were vitally important and she asked the City Manager to provide information concerning some of the projects impacted by the grant. The City Manager advised that the CDBG Home funds had been cut by approximately 30% ($800,000.00) since 2010 and for a city like Roanoke the funds were critical for citizens to have good homes and good neighborhoods. He further 0■1 advised that CDBG funds impact lives and it was important to stay vigilant in making sure the funds stay in place. He indicated that he would provide the timeframes for the projects to the Members of Council. For the record, Council Member Ferris said that he had spoken with the Acting City Attorney concerning a possible conflict of interest, and even though he had been advised there was no conflict, he would abstain from the vote to avoid any appearance of impropriety. There being no additional comments regarding, Ordinance No. 39487-090412 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Ferris abstained from voting.) 289 Council Member Bestpitch offered the following budget ordinance: (#39488-090412) 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 Shelter Grant Program (ESG), amending and reordaining certain sections of the 2012- 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 561.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39488- 090412. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Ferris abstained from voting.) GRANT-BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommending appropriation of additional Fiscal Year 2011-2012 Emergency Solutions Grant (ESG) Program funds for services that prevent individuals and families from becoming homeless; and services that rapidly re-house individuals who are currently homeless. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#39489-090412) AN ORDINANCE to appropriate additional funding from the Department of Housing and Urban Development (HUD) for the FY2012 Emergency Solutions Grant Program (ESG), amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 568.) 290 Council Member Ferris moved the adoption of Budget Ordinance No. 39489- 090412.The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. HOUSING-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Housing and Community Development for the Homeless Solutions Grant to establish the Blue Ridge Continuum of Care and Central Intake-One Door approach, a central access and referral management system, in connection with homeless service providers. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39490-090412) A RESOLUTION authorizing acceptance of the Homeless Solutions Grant Program by the Virginia Department of Housing and Community —� Development to the City, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 568.) Council Member Trinkle moved the adoption of Resolution No. 39490-090412. The motion was seconded by Vice-Mayor Rosen. Council Member Bestpitch asked for clarification regarding the section of the report that indicated partnerships had been formed with all shelter service providers in the Roanoke Valley to enter data in the Homeless Data Information System. The City Manager responded that all homeless assistance agencies had agreed to a centralized intake and database; and the database would make it easier on those individuals who needed the services, the providers of the services and for the City to collect data to help prevent homelessness. He indicated that the database was a huge step forward for the community and he felt the City was able to obtain the grant because of the database. Council Member Bestpitch hoped the data would be used by all of the shelters who were providing services. The City Manager confirmed that the goal was to prevent • . duplication of services and to help identify the needs of the individuals. 291 Council Member Ferris emphasized that preventing homelessness was the goal; and asked that the City Manager expand more on the subject; whereupon, Mr. Morrill replied that data was critical in the effort to prevent homelessness rather than allowing individuals to become homeless and then providing shelter. He pointed out that the Council of Community Service had been instrumental in helping to promote the concept. There being no additional comments regarding Resolution No. 39490-090412 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. Council Member Trinkle offered the following budget ordinance: (#39491-090412) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development for the Homeless Solutions Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 569.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39491- 090412.The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. EMERGENCY SERVICES-FIRE/EMS-BUDGET:The City Manager submitted a written communication recommending execution of a five-year hazardous materials response team contract with the Virginia Department of Emergency Management; and appropriation of hazardous materials response reimbursement funds that were received in FY2011 and FY2012. (For full text, see communication on file in the City Clerk's Office.) 292 Council Member Ferris offered the following resolution: (#39492-090412) A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of Emergency Management (VDEM), authorizing the City Manager to execute on behalf of the City a new five-year contract with VDEM, which honors the five-year VDEM hazardous materials response team contract for the period July 1, 2012, until June 30, 2016, and authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement and administer such contract on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 570.) Council Member Ferris moved the adoption of Resolution No. 39492-090412. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. Council Member Ferris offered the following budget ordinance: -� (#39493-090412) AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management for the Regional Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 571.) Council Member Ferris moved the adoption of Budget Ordinance No. 39493- 090412.The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. CONDEMNATION-PROPERTY RIGHTS: The City Manager submitted a written communication recommending authorization to acquire all property rights by negotiation for the Westover Avenue Drainage Improvement Project. (For full text, see communication on file in the City Clerk's Office.) 293 Vice-Mayor Rosen offered the following ordinance: (#39494-090412) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Westover Avenue Drainage Improvement Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 572.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39494-090412. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. COMMENTS BY CITY MANAGER. Parks and Recreation Master Plan • The City to invite input on the Parks and Recreation Master Plan at upcoming events: o Community Forums - identified for specific stakeholder groups • Thursday, September 13 at Jefferson Center Training Theatre from 11:00 a.m.-12:00 noon; 1:00 p.m.- 2:00 p.m.; and 3:00 p.m.-4:00 p.m. • Friday, September 14 at the Jefferson Center Training Theatre from 8:00 a.m. - 9:00 a.m. o Public Input Session • Thursday, September 13 at the Jefferson Center in Fitzpatrick Hall at 6:30 p.m., will be open to community attendance. 294 All-America City Award Celebration -. • The City planning a kickoff celebration event to recognize recent All- America City Award on Friday, September 14 at 11:00 a.m., at the Mill Mountain Star. o Preschool children will help City celebrate the "Star City Reads Campaign,"which emphasizes early childhood literacy. Taste of Culture • Friday, September 14 from 11:00 a.m. - 2:00 p.m., on Wall Street in downtown Roanoke. o Food, entertainment, exhibits, crafts. Norway is the featured country. 23rd Annual Henry Street Heritage Festival • Saturday, September 15 from 11:30 a.m. - 10:00 p.m., in Elmwood Park. -. • To include an array of diverse entertainment, educational forums, and exposure to African-American heritage as expressed through the performing arts, crafts, cuisines, customs, and merchandise. 7th Annual Roanoke Greek Festival • At the Holy Trinity Greek Orthodox Church, at 30 Huntington Boulevard, N. E. o Friday, September 14, 11:00 a.m. - 10:00 p.m. o Saturday, September 15, 11:00 a.m. - 10:00 p.m. o Sunday, September 16, 12:00 noon - 7:00 p.m. o Free admission. Greek food, traditional dancing, live Greek band, Greek marketplace, church tours and children's activities. • Proceeds will go to the Rescue Mission, Center in the Square, and Roanoke Area Ministries. The Mayor also announced a Wounded Warriors run/walk scheduled for Sunday, September 9 at 9:00 a.m. 295 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: UNFINISHED BUSINESS: ZONING: Having tabled the matter with regard to adoption of an ordinance amending the City Code to update and clarify certain sections of the Zoning Ordinance, at its regular session held on Monday August 20, 2012, Council Member Bestpitch moved that the matter be removed from the table. The motion was seconded by Vice- Mayor Rosen and adopted. Inasmuch as the title paragraph of the proposed ordinance having been read into the record at the August 20, 2012 Council meeting, the Mayor opened the floor for discussion. The Acting City Attorney called attention to the removal of the changes dealing with MX and CN districts from the ordinance as requested by the Council during its 9:00 a.m. session (See pages 281-282). Following comments from the City Attorney, the Mayor explained to the Council that the changes to Division II, Multiple Purpose Districts and the omission of the items from the original ordinance had to be accepted; and then, the ordinance had to be adopted, as amended. Council Member Bestpitch moved that the amendment to Ordinance No. 39495- 090412 be accepted. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. Council Member Bestpitch moved the adoption of Ordinance No. 39495-090412, as amended. The motion was seconded by Council member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. 296 Robert Richert and Cherie Hicks The following individuals appeared before Council in connection with changes to update and clarify certain sections of the Zoning Ordinance: Robert Richert appeared before the Council and expressed concern regarding the lack of assistance from the Planning staff relating to the changes to the Zoning Ordinance. Cherie Hicks appeared before the Council and expressed appreciation for the support of the changes to the Zoning Ordinance and the due diligence in adopting the measure. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: Council Member Price reminded everyone of the Henry Street Heritage Festival scheduled in Elmwood Park on September 15 from 11:30 a.m. to 10:00 p.m. She pointed out that the event was a major fundraiser for the Harrison Museum, and citizens could attend both the Greek Festival, which would run from September 14-16, and the Henry Street Heritage Festival on September 15, which was one day only. Council Member Lea thanked everyone who had contributed to the success of the 2012 Western Virginia Education Classic that had taken place at Ferrum College on September 1 before a near capacity crowd. He said the meeting of Emory and Henry College and Ferrum College had provided a great game for fans and he noted the attendance of Council Member Price and family and the City Manager and family. At 3:06 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 461, fourth floor, Noel C. Taylor Municipal Building. At 4:28 p.m., the Council meeting reconvened, with Mayor Bowers presiding, and all Members of Council in attendance. 297 COUNCIL: With respect to the Closed Meeting just concluded Council Member Price 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 Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-0. OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention the vacancies on the Roanoke Neighborhood Advocates created by the expiration of the three-year term of office of Braxton Naff ended June 30, 2012; and unexpired term of office of Felicia Joumiette ending June 30 2014; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the names of Princess Moyer and Hollie Young. There being no further nomination, Ms. Moyer was appointed to replace Braxton �- Naff for a term ending June 30, 2015; and Ms. Young was appointed to fill the unexpired term of Felicia Journiette for ending June 30, 2014, as members of the Roanoke Neighborhood Advocates by the following votes: FOR MS. MOYER AND MS. YOUNG: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor called attention to a vacancy created by the expiration of three-year term of office of Judge Clifford Weckstein as a City representative on the Court Community Corrections Program Regional Community Criminal Justice Board on June 30, 2012. Inasmuch as Judge Weckstein has served three consecutive terms of office, he is ineligible for reappointment; whereupon, the Mayor opened the floor for nominations. Council Member Trinkle placed in nomination the name of the Honorable Charles Dorsey. 298 There being no further nominations, Judge Dorsey was appointed to replace Judge Weckstein as a City representative of the Community Corrections Program Regional Community Criminal Justice for a term ending June 30, 2015, by the following vote: FOR MR. DORSEY: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. OATHS OF OFFICE—ARCHITECTURAL REVIEW BOARD: The Mayor called attention to the upcoming expiration of the four—year term of office of Mary V. H. Dykstra as a member of the Architectural Review Board ending October 1, 2012; whereupon, he opened the floor for nomination Council Member Trinkle placed in nomination the name of Mary V. H . Dykstra. There being no further nomination, Ms. Dykstra was reappointed as a member of the Architectural Review Board for a four-year term of office ending October 1 , 2016, by the following vote: FOR MS. DYKSTRA: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. OATHS OF OFFICE—ECONOMIC DEVELOPMENT AUTHORITY: The Mayor called attention to the upcoming expiration of the four—year term of office of Charles E. Hunter as a member of the Economic Development Authority ending October 20, 2012; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Charles E. Hunter. There being no further nomination, Mr. Hunter was reappointed as a member of the Economic Development Authority for a four-year term of office ending October 20, 2016, by the following vote: FOR MR. HUNTER: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-BUILDING AND FIRE CODE APPEALS BOARD: The Mayor advised that the City residency for Tim Steller, a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board for a term ending June 30, 2015; and Cynthia Fendley and Jeffry Parkhill as members of the Building and Fire Code Appeals Board for terms of office ending June 30, 2014, need to be waived in this instance. He further advised that the appointments were made at the August 6, 2012 Council meeting. 299 Council Member Trinkle moved that the City residency requirements for Messrs. Stellar and Parkhill and Ms. Fendley be waived in this instance. The motion was seconded by Vice-Mayor Rosen and Council Member Bestpitch and adopted by the following vote: FOR MESSRS. STELLER AND PARKHILL AND MS. FENDLEY: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. There being no further business, the Mayor declared the Council meeting adjourned at 4:31 p.m. APPROVED �ATTEST:,,. ' 11��//�� 1 // J 1 ""M. � Q� wers Stephanie M. Moon, MM v Davi Bowers City Clerk Mayor 300 ROANOKE CITY COUNCIL—REGULAR SESSION September 17, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 17, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen, David B. Trinkle (arrived late), and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie Moon, City Clerk. The Invocation was delivered by The Reverend Quinton White, Chaplain, Veterans Affairs Medical Center. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. At this point, Council Member Lea entered the meeting (2:02 p.m.) PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-HARRISON MUSEUM: Council Member Price presented the Harrison Museum of African-American Culture Award to the City of Roanoke. She commented that the 23r' Henry Street Heritage Festival had been held on Saturday, September 15, 2012, with a record number of people in attendance; and she was grateful for everyone that had volunteered. At this point, Council Member Trinkle entered the meeting (2:08 p.m.) 301 ACTS OF ACKNOWLEDGMENT-ALL AMERICA CITY: Once again, Mayor Bowers announced that the City of Roanoke had been recognized by the National `s League of Cities for the sixth time as an All-America City. He called attention to the display of a banner in recognition of the honor. The City Manager thanked the Council for recognizing the incredible achievement and hard work that had gone into the All- America City award. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. In connection with the Market Square Project, Dr. M. Rupert Cutler, Greg Webster, Josephine Arbaugh, Littleberry Darby, Kevin Utsey, Gretchen Weinnig, Jennifer Bise and Katie Clifton appeared before the Council and spoke in favor of the new Market Square plan as presented by Lucas Thornton and Downtown Roanoke, Inc. (See Dr. Cutler, Mr. Webster, Ms. Bise and Ms. Clifton's comments on file in the City Clerk's Office.) Robert Gravely appeared before the Council and presented research regarding the housing market. He also stated that City employees were underpaid. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Monday, August 20, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. 302 CITY COUNCIL: A communication from the City Manager requesting that .. Council schedule a public hearing for Monday, October 15, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amendments to Enterprise Zone One A and Enterprise Zone Two boundaries, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, September 25, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the minutes be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORTS-AUDIT COMMITTEE: Annual Report of the Audit Committee for the Fiscal Year ending June 30, 2012, was before the Council. (See Annual Report on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the Annual Report be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. 303 ANNUAL REPORTS-PENSION PLAN: Annual Report of the Board of Trustees, City of Roanoke Pension Plan for the Fiscal Year ending June 30, 2012, was before the Council. (See Annual Report on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the Annual Report be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. OATHS OF OFFICE-MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-CITY CLERK: Reports of qualification of Troy A. Harmon as Municipal Audito; Ann H. Shawver as Director of Finance; and Stephanie M. Moon as City Clerk of the City of Roanoke for terms of two years, each, commencing October 1, 2012, and ending September 30, 2014 were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: 304 BRIEFINGS: Market Square Update: The City Manager reminded the Council that the Market Square briefing would be an update on the presentation by Sean Luther, President and CEO, Downtown Roanoke Inc. (DRI). Mr. Luther announced that Steve Musselwhite would serve as the Interim President of DRI, until his successor had been hired. Mr. Luther who presented the following information: Management Structure FY 2012 Market Finances Income Management Fees $ 2803 PromoMOrs Fees.4 Sponsorships 704 DRI Support 2124 '- r' Clry Retmburs s es.o-roc'u 9480 Total Income lncon'e § 57 IS nxnensel pm.. .o... ® n $ 18782 'mm Osb s Operations&Mn.Manage,:.'-.e. 4292 Total&perses i $ 6054 ..al Formes WOO Net Income(Loss) 5(5303) The New Market Square Farmers Market Impact - ‘„!1! M Permanent FOeg lots Toto• �' ..�•� rs�, _ Stalk Spaces Spaces .. - Official '0 I. 2' Ir rrrs 0 X. u .at 4. posed C 10 14 24 I t\ In I • .,')a1 e ` Inciter CSpaces Available 0 3 3 w illi t _ l _, • ,.. t a I - , 305 Farmers Market Impact Approval Timeline pe M n Parking-Ms k aal Stalls Spaces Spaces Official 10 '1 21 Cwren n .a u.c m 'o 16 Proposed o a 24 .,September Coenci dpuole Increased Spaces RVAvailable 0 3 3 ement Plan Development In a ubIC Input ,. ,. .. Permanent Porptg Lots ro of ■.■October: Stalls Spaces Spaces Ana Desgn Re.isona Standard Contract ♦ 2 6 Count I Plan Approval SaWrday Only Contract 5 2 7 unconhacted 7 8 Total 10 11 21 The New Market Square qty r .tl 1 • . .« • __ -CON 417 pita w • '. 4K it • '/. i (See copy of document on file in the City Clerk's Office.) In closing, Mr. Luther stated that an update would be provided to the Council at a future meeting; and hoped the City would stay committed to the project. Mayor Bowers thanked Mr. Luther for his work on the Market Square proposed redevelopment plan. Lucas Thornton, Property Developer, noted that he had tried to take advantage of a very unique opportunity to tie the work that had been done in Elmwood Park around the Market Building and Center in the Square, that it had been a pleasure to work with the City engineers and City staff on the project during a period in which the public's perception of politics and of City governance was at an all-time low. In his closing comments, he expressed sincere appreciation to the Council for the opportunity to work on the project. 306 Council Member Trinkle congratulated everyone who had worked on the project. He said that the project was a model for people who wanted help create a good, healthy change. He loved the fact that the project was coming from citizens and not necessarily from City staff. He was totally in favor of the project, but asked if there were any concerns that the permanence of the vendor stalls and trees would make it more difficult to hold larger festivals on Campbell Avenue. Mr. Luther responded that he had asked Mr. Thornton to make certain that the Parks and Recreation clam shell stage would be able to fit between the trees. Mr. Luther said that he and Mr. Thornton both felt very strongly that there should be some organic element in the design and trees seemed to be the most appropriate. He said that under the current concept, Parks and Recreation could pull the clam shell stage in at either end of Market Street without impeding traffic flow on Campbell or along the front of Center in the Square. He explained that for very large events, there would be an area for hard core fans who wanted to be right in front of the stage; an area for those folks interested in listening to the music, drinking beer and eating food; and an area for those folks who were dining at 202 and Blues Barbecue. He further explained that the plan had not been examined from a 3-D perspective but that one of the final pushes would be to make sure that the trees would not be muddling the sight lines. Council Member Trinkle agreed the space in and of itself was urban and should have a different flavor than an amphitheater type of concert. He noted that his concern was committing to a concept that would prevent future uses and advised that consideration should be given for planters that could hold trees but be moved with a forklift if needed. ., Council Member Rosen said that he really liked the plan and it was a really good . idea. He added that for a fraction of the cost of all the work that had been done, the proposed project would tie the private and public places together well. He cautioned against opening a parking area and then seeking to close it again. Council Member Bestpitch commended the efforts to ensure that permanent stall spaces were not lost and the attempt to create pop-in/pop-out parking spaces. He said there should be some five to ten minute parking spaces. He also recommended reversing the trees and the stalls so the iconic view of the Market Building would not be obscured. Mayor Bowers indicated that his concern was also for the view along Market Square and asked that the plan take the view shed into consideration. He questioned if there were going to be canopies along the 202 Market Building. Mr. Luther responded that the proposal would not change the private property along the 202 Market Building and the plan would actually create additional seating for Blues Barbeque. He said that DRI would be working with the restaurants to make sure they had definable spaces so that restaurants would be in compliance with Alcohol Beverage Control (ABC) requirements. He added that there would likely be more canopies especially in light of the great activities that Center in the Square had planned. He indicated that the inner play around the edge of Market Square was really going to be as important as what was happening in the middle of it. 307 Mayor Bowers questioned if there was a plan for public art in any of the spaces; whereupon, Mr. Luther responded that a conversation with the Arts Commission had revealed the possibility of a more permanent public art installation around the pylons on the extreme corners. He said the team had designed an industrial lattice that could support an organic planting to produce a very farmer's market feel. The Mayor inquired as to how many people visit downtown on a Saturday; whereupon, Mr. Luther responded that on a Saturday there would be between 3,000 and 7,000 people on the Market between 7:00 a.m. and 2:00 p.m. He said there would be several more thousand after 2:00 p.m. He indicated special events could produce crowds of tens of thousands. Mayor Bowers asked if the farmers would still be on the Market. Mr. Luther explained that there were no plans to remove farmers from the Market. He further explained that pop-up markets had been very successful and said that one vendor had made essentially the same amount of money in one and a half hours at the Thursday evening market held at the YMCA as they normally would have from 8:00 a.m. to 3:00 p.m. on the market itself. He continued that DRI was working on an incentive program to get some of the Saturday only vendors on the market on Tuesdays and Wednesdays but realized that farmers were going to following the shopping trends. He reiterated that at no point had there been conversations of abandoning the City Market in favor of a market on the greenway or on Reserve Avenue. He pointed out that the pop-up market concept was very vogue at the present but that it might not be the next year or the year after. He commented that one of the reasons that farmers stick around the City Market was because of the infrastructure. Mr. Luther said that everyone had been open to conversation about changes to the Market and realized the proposal was a long term enterprise. He added that something needed to kick start the public impression of the Market as an urban space, as a place to experience downtown and as a place to encourage local shopping and local agriculture. Mayor Bowers agreed that change is a balancing act and he said that he remembered Chris Morrill saying that Roanoke was authentic when he arrived to Roanoke. Mayor Bowers said that the Market may not look like it did 130 years ago but it should not be transformed into something that is not authentic. Council Member Trinkle asked if there would be undesignated areas for citizens to sit and eat. Mr. Luther explained that there was a need to reinforce the passive enjoyment of the market district for the 12,000 people that work downtown and the 1,200 people that live downtown. 308 Mayor Bowers questioned if any action was being requested of the Council; whereupon, the City Manager explained that the briefing was an opportunity to get input from the Council, for the public to see the plans and encourage input. The City Manager then thanked Mr. Luther and DRI for their help with the presentation. He said that he would particularly like to thank Lucas Thornton for his work and he noted that the project had been organic, had come from the community and he pointed out that a public/private partnership was not typical in other cities. He further pointed out that while Mr. Thornton was contributing to the project because of his love for the community and he would not directly benefit from the proposed changes. He also commented that the design for the project was unique and authentic for Roanoke and had not been copied and dropped into downtown. He further commented that the Roanoke downtown was really going to be one of the most interesting urban experiences in America. Mr. Morrill offered closing comments, concluding that the project would be a popular urban development for the City. There being no further questions and/or comments from the Members of Council, the Mayor asked that the briefing be received and filed. ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-BUDGET-DEPARTMENT OF MOTOR VEHICLES- GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Speed Enforcement) Grant awarded to the Police Department to be used for traffic enforcement targeting speed. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39496-091712) A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Speed Enforcement Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 01.) 309 Council Member Bestpitch moved the adoption of Resolution No. 39496- 091712. The motion was seconded by Council Member Price and Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#39497-091712) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 01.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39497- 091712. The motion was seconded by Council Member Price and Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. POLICE DEPARTMENT-BUDGET-DEPARTMENT OF MOTOR VEHICLES- GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Occupant Safety) Grant awarded to the Police Department to be used for traffic enforcement targeting occupant safety. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39498-091712) A RESOLUTION accepting the Department of Motor Vehicles Traffic Occupant Safety Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 02.) 310 Council Member Trinkle moved the adoption of Resolution No. 39498-091712. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. Council Member Trinkle offered the following budget ordinance: (#39499-091712) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 03.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39499- 091712. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. POLICE DEPARTMENT-BUDGET-DEPARTMENT OF MOTOR VEHICLES- GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2013 Department of Motor Vehicles Traffic Safety (Alcohol Impaired Drivers) Grant awarded to the Police Department to be used for traffic enforcement targeting alcohol impaired drivers. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39500-091712) A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 04.) 311 Vice-Mayor Rosen moved the adoption of Resolution No. 39500-091712. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. Vice-Mayor Rosen offered the following budget ordinance: (#39501-091712) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 05.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39501-091712. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Commonwealth of Virginia Commission for the 2012 - 2013 Arts Local Government Challenge Grant for various allocations to certain art organizations based on recommendations developed by the Roanoke Arts Commission. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39502-091712) A Resolution accepting a Local Government Challenge Grant to the City from the Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 06.) 312 Council Member Bestpitch moved the adoption of Resolution No. 39502-091712. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#39503-091712) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 06.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39503- 091712. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. BUDGET-LIBRARY-DOROTHY KOCH FAMILY FOUNDATION-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Dorothy Koch Family Foundation Grant for a temporary Early Literacy Consultant to work with the Library and Smart Beginnings Program, to provide literacy instruction and training to teachers, librarians, parents and caregivers that work with young children in the Raleigh Court Area. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39504-091712) A RESOLUTION authorizing acceptance of the Dorothy Koch Family Foundation Grant to the City, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such grant funds. (For full text of resolution, see Resolution Book No. 76, page 07.) 313 Council Member Price moved the adoption of Resolution No. 39504-091712. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Price offered the following budget ordinance: (#39505-091712) AN ORDINANCE to appropriate funding from the Dorothy Koch Family Foundation Grant, amending and reordaining certain sections of the 2012- 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 08.) Council Member Price moved the adoption of Budget Ordinance No. 39505- 091712. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. BUDGET-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending appropriation and transfer of initial funds in connection with the Performance Agreement between the City of Roanoke, City of Roanoke Economic Development Authority, and Roanoke River Associates, LLC, for development of 22 acres of property located east of South Jefferson Street and adjacent to the Roanoke River. (For full text, see communication on file in the City Clerk's Office.) 314 Council Member Bestpitch offered the following budget ordinance: .. (#39506-091712) AN ORDINANCE to appropriate funding from the sale of property and from the Economic and Community Development Reserve and to transfer funding from the South Jefferson Redevelopment Project for the establishment of an Economic Development Grant for Roanoke River Associates, LLC, amending and reordaining certain sections of the 2012-2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 09.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39506- 091712. The motion was seconded by Council Member Ferris. The City Manager commented that the Budget Ordinance was in reference to the Roanoke River Associates' proposal for development of 22 acres on Jefferson Street across from the Virginia Tech Carilion Research Center and Medical School. He said that of the $2 million for the project about $1.7 million was already in place for the infrastructure and an additional $300,000.00 would come from the Economic and Community Development Reserve which had been designated for such projects. He explained that the infrastructure would become public and would create the connection to the river from any new buildings and the historic rehabilitation of existing buildings under the Walnut Street Bridge. He advised that Assistant City Manager for Community Development had spent time with the developers and they were ready to begin working on a mixed use building across the street from the Virginia Tech Carilion School of Medicine. There being no questions and/or comments by the Council Members, Ordinance No. 39506-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. BUDGET-WORKFORCE INVESTEMENT-GRANTS: The City Manager submitted a written communication recommending execution of the Workforce Investment Act (WIA) Title 1 Grant Award Agreement between the City of Roanoke and the Virginia Community College System in connection with the 2012 - 2013 Workforce Investment Act funding. (For full text, see communication on file in the City Clerk's Office.) 315 Council Member Bestpitch offered the following resolution: • (#39507-091712) A RESOLUTION authorizing the City Manager to execute the Workforce Investment Act (WIA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 10.) Council Member Bestpitch moved the adoption of Resolution No. 39507-091712. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. BUDGET-RESOLUTION-GOVERNOR-GENERAL ASSEMBLY: The City Manager submitted a written communication recommending adoption of a resolution asking the Governor and General Assembly to support a budget amendment to reverse the $50 million-a-year reduction for FY13, and eliminate the aid to localities reduction in the budget for FY14. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39508-091712) A RESOLUTION requesting the support of the Governor and members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate same in the FY 2014 state budget. (For full text of resolution, see Resolution Book No. 76, page 11.) Council Member Ferris moved the adoption of Resolution No. 39508-091712. The motion was seconded by Vice-Mayor Rosen and Council Member Price. Council Member Ferris said that he had recently attended a luncheon where Delegate Poindexter had taken him to task for objecting to aid to the Commonwealth. He said Delegate Poindexter's basis was because recalculating the compensation formula may be more beneficial for northern Virginia localities. Council Member Ferris asked Ms. Shawver if Delegate Poindexter was on target. The City Manager explained that the Commonwealth's Budget did not contain a single line item for aid to localities but rather there were many lines based on prior commitments. He said that an example was when the Commonwealth stopped the ability of localities to annex, legislators 316 realized revenues for localities would be negatively impacted so they guaranteed a revenue stream but when budgets got tight, they demanded part of the money be returned. Ms. Shawver advised that City of Roanoke's share was $1.2 million which was __ a decline from the previous $1.5 million. She pointed out that after receiving over $60 million from the Commonwealth; the City had been required to return $1.5 million. The City Manager noted that over $6 million had been returned to the State since the beginning of the program. He suggested that the Commonwealth should honor their commitments to local governments as the basic service provider in the Commonwealth. Council Member Ferris said that he understood there were three methods for calculating the amount to be returned to the Commonwealth and one of those required the Governor, or an assistant, examining every budget item line by line. He said it was his understanding that the City had elected to return the amount requested by the Commonwealth. The City Manager and Director of Finance affirmed that was the City's position. Council Member Ferris said the proposed legislation would request that the Governor and the General Assembly discontinue the practice of requesting that money be returned from localities. Mayor Bowers commented that recently at a meeting a local representative had challenged state representatives to sign a pledge to not cut aid to localities. He said he thought the citizens of the City of Roanoke and Roanoke City Council would be in .-. agreement. There being no questions and/or comments by the Council Members, Resolution No. 39508-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. COMMENTS BY CITY MANAGER. Christopher P. Morrill, City Manager, offered the following comments: Department of Technology receives award • DoT was presented with the Governor's Technology Award for Innovative Use of Technology in Local Government at the 2012 Commonwealth of Virginia's Innovative Technology Symposium (COVITS) held on September 5, 2012 in Richmond. The award recognizes the Budgeting for Outcomes (BFO) system as an innovative solution for achieving organizational goals and objectives using an outcome driven results approach for developing •-• and prioritizing funding requests. 317 City recognized for the Market Building Renovation Project • Earlier this month, the City-County Communications and Marketing Association (3CMA) announced the winners of its 2012 Savvy Awards. In the category of "Marketing and Tools - Community Issue," Roanoke's Market Building Renovation Project won a Savvy Award (first place). The Office of Communications was recognized for its effective communications plan to engage and inform citizens about the Market Building renovation. This is a national award. Dedication for Ann Masters sculpture garden • Sept. 20, at 11 a.m. at Vic Thomas Park. Sculpture garden will be dedicated in memory of Ann Davey Masters, Executive Director of Clean Valley Council (CVC) from 1996 to 2009. • Two sculptures, "Calling the Powers" by Lawrence Reid Bechtel and "Annies's Peace" by Betty Branch, chosen by a selection panel, are being donated by the Clean Valley Council to the City of Roanoke. • "Vertical Break" a sculpture by the late Paul Ostaseski, was previously donated to the City of Roanoke by the Art Museum of Western Virginia. The Arts Commission chose to move this work to the memorial garden as Ms. Masters was a friend and mentor to Mr. Ostaseski. Fired Up for a Cure event • Saturday, Sept. 22, at Roanoke Civic Center. October is Fire Prevention and Breast Cancer Awareness Month. Roanoke Fire- EMS, Roanoke Parks and Recreation, and the Roanoke Civic Center will participate in the 2nd Annual Fired Up for a Cure event to support this cause. Activities will include a 5K/10K and Group Walk (9 a.m. start time); free kids "Smile Mile"; free food, kids activities, free ice skating, vendors, and Zumba. All proceeds will be donated to Every Woman's Life and the American Cancer Society. Registration and more information about the event can be found at www.firedupforacure.com. Prescription Drug Take-Back Day • Saturday, Sept. 29, 10 a.m. to 2 p.m. Citizens are invited to turn in unused or expired medications for safe disposal. Sponsored by Roanoke Area Youth Substance Abuse Coalition (RAYSAC) and local public safety agencies (including Roanoke Police Department) Locations include Roanoke Civic Center; Super Shoes on W. Main Street in Salem; Daleville Kroger; Tanglewood Kroger, Roanoke County Public Safety Building, and Roanoke County Fire Station #1; Hardy Road Kroger in Vinton. 318 Council Member Price commented it was important to make sure medicine cabinets were cleaned out and that drugs were disposed of properly. She stated that the drug take back was a wonderful opportunity for people to make sure they were doing the right thing and it was a great service to everybody. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various grant programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#39509-091712) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012-2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 12.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39509- 091712. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: ELECTORAL BOARD: Mayor Bowers stated that the Electoral Board had transmitted a report recommending voter precinct realignment. He suggested that the report be received and filed and a public hearing be scheduled to be held on Monday, October 15 AT 7:00 p.m., to receive citizen comments. 319 ` Council Member Ferris agreed that Council should move expeditiously on the matter, but thought that it may cause confusion to hold the public hearing before the November 6 election. Council Member Price questioned if holding the public hearing after the November 6 election would allow enough time to meet the filing deadlines as previously stated by the Electoral Board; whereupon, the Acting City Attorney confirmed that there would be enough time to file the appropriate documents with the Justice Department. Following the comments regarding the matter„ Vice-Mayor Rosen offered a motion to instruct the City Clerk to schedule a public hearing on Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard to receive citizen comments regarding proposed precinct realignments. The motion was seconded by Council Member Trinkle and unanimously adopted. FLOODS: Inasmuch as the City was expected to receive significant rainfall over the next several days, Council Member Bestpitch asked the City Manager to share information as to what citizens should do to prepare and protect themselves; whereupon, Mr. Morrill stated that updates, including severe weather warnings, were available from Myroanoke. He added that residents could register for the updates by going to www.roanokeva.gov. He also stressed the importance of citizens not driving through flooded streets. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:55 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie Moon, City Clerk. 320 The Invocation was delivered by Council Member Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No. 17, sponsored by St. John's Episcopal Church. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Trustees Pilgrim Baptist Church to rezone property located at 1415 8th Street, N. W., bearing Tax No. 2032001, from Institutional Planned Unit Development District (INPUD) and Residential Single-Family District (R-5) to Institutional Planned Unit Development District (INPUD, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 31, 2012 and Friday, September 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 2 dated August 8, 2012, to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Harrison &Washington Park Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39510-091712) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, from Institutional Planned Unit Development District (INPUD) and Residential Single-Family District (R-5), to Institutional Planned Unit Development District (INPUD); and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 15.) Council Member Lea moved the adoption of Ordinance No. 39510-091712. The motion was seconded by Council Members Bestpitch, Price and Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 321 There being no questions and/or comments by the Council Members, Ordinance No. 39510-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Amendment of Vision 2001-2020, the City's Comprehensive Plan, by amending the Countryside Master Plan, adopted by City Council on June 20, 2011, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 31, 2012 and Friday, September 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the amendment to the Countryside Master Plan as a component of the Vision 2001-2020 Comprehensive Plan failed. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39511-091712) AN ORDINANCE approving the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amending Vision 2001-2020, the City's Comprehensive Plan, to amend the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 16.) Council Member Ferris moved the adoption of Ordinance No. 39511-091712. The motion was seconded by Council Member Lea and Vice-Mayor Rosen. Mayor Bowers called attention to the report of the Planning Commission advising that a public hearing was held, and by a vote 2-5, the motion to recommend approval of the amendment to the Countryside Master Plan as a component of the Vision 2001- 2020 Comprehensive Plan failed. 322 Chris Chittum, Planning Administrator, shared a slide presentation in support of amending the City's Comprehensive Plan, to change the land use designation of the Portland Planning Area from Agriculture to Recreation (For full text, see presentation on file in the City Clerk's Office.) Mr. Chittum listed the changes to some of the technical aspects of the proposed amendment. In particular, he noted the following: deletion of references to urban agriculture, amended graphs and charts indicating the amount of individual land uses, designated the Portland Planning area for recreation rather than urban agriculture, and noted consideration of athletic fields. Mr. Chittum emphasized that the amendment was not a vote for athletic fields but would allow consideration of athletic fields as a separate decision later; and that the amendment would preclude urban agriculture on the parcel. He pointed out that the City had a deficit of 15 athletic fields and that recreation fields were needed in the area as had been noted in the planning process; and that athletic fields were on 4 of the 5 initial concepts that had been rolled out at a public meeting at William Fleming over a year and a half prior. ^ Mr. Chittum again reminded that the Planning Commission had failed to approve the amendment by a 2-5 vote; and commented that the Commissioners' sentiment had not necessarily been against changing the zoning to recreation but rather to give the agricultural idea a chance to work. Mr. Chittum advised that following the Planning Commission meeting, staff had delayed presentation to the Council so staff could meet onsite with the residents, adding that staff had walked around the property and discussed concerns and requests for amenities with the residents. He explained that staff had also staked the corners of the proposed fields to demonstrate how they would fit, their proximity to residences and any screening that might be necessary. Mr. Chittum said there had been recurring requests for walking trails or greenways in the neighborhood; and pointed to the future land use map showing the proposed tracts which were bounded by Portland Avenue and Lewiston and Ranch Roads with one tract containing approximately 10 acres and a smaller tract containing approximately an acre and a half. Mr. Chittum noted that the property was relatively flat for Roanoke and was one of the few contiguous pieces of property that was not in an odd shape; and that the property was in the flight path for the Roanoke Regional Airport's runway 6 and from a planning stand point could not be used for a purpose that could not handle noise. 323 Mr. Chittum noted that the new master plan would simply change the designation to recreation much like the adjoining parcel and it could potentially become a companion property; and a public meeting would be held with regard to the design for a small neighborhood park south of Ranch Road. The Planning Administrator referenced the map to show the basic alignment of the greenway spine that would connect William Fleming High School to the small park. He then referred to a slide showing the potential fit of two full-sized soccer fields and a smaller practice field in relation to the park and some of the houses in the Miller Court neighborhood. Council Member Lea asked if it was staffs recommendation to designate the two parcels for recreational use; whereupon, Mr. Chittum answered in the affirmative. Council Member Lea questioned what type of fields would be used and Mr. Chittum said that soccer fields had been discussed but the decision regarding the type of fields would be determined later Council Member Bestpitch referenced a notation on the amendment regarding the use of lighting on the property and that it should be shielded and aimed to eliminate light spill over. He then questioned if the vote on the amendment would have any * • determination as to whether lighting would be used or not. Mr. Chittum responded that the amendment would specify whether lighting was used, however, it would not have a spill over impact. Council Member Bestpitch rephrased the question and asked if the usage of lighting would have to be approved by Council; whereupon, Mr. Chittum advised that the Board of Zoning Appeals and Council would have to approve any future request for the use of lighting on the property. Council Member Bestpitch questioned when the Miller Court Neighborhood Park would be finished and how the project was proceeding. Mr. Chittum explained that the Miller Park plan was under development and the Parks and Recreation staff hoped to schedule a public meeting/workshop by early October. He said that staff was trying to pack as many amenities as they could into the park while stretching funding as far as they could, adding that staff was also trying to accommodate the neighborhood's request for a cut through to the park. Council Member Bestpitch questioned if the City was keeping its commitment with regard to the promised completion date and amenities; whereupon, Mr. Chittum responded that all commitments regarding amenities and time frames were right on schedule. 324 Mayor Bowers questioned if the property under consideration was the same property that previously had been considered for a chicken farm; whereupon Mr. , Chittum replied that it was the same property. Mayor Bowers said that the comments he had heard from the residents was that they did not want agricultural or farms on the property and he asked Mr. Chittum to respond; whereupon, he agreed, but added that not everybody felt the same way. Mayor Bowers asked what was on the large acre of property on Portland; whereupon, Mr. Chittum advised that the property was mostly mowed grassland with a few clumps of trees, particularly up along Ranch Road. Mayor Bowers questioned who owned the property; whereupon, Mr. Chittum advised that the City of Roanoke owned and maintained the property. Mayor Bowers questioned where the new park would be located. Mr. Chittum advised that the park would be just to the south of the properties in question. Mayor Bowers said that the City Manager had proposed a neighborhood library and he asked where it would be built. Mr. Chittum indicated that the library should be built to the northeast of the property in question and in the area that had been designated as neighborhood scale commercial. —. Mayor Bowers said that if his memory served him correctly, when the Countryside Master Plan was adopted in June of 2011, there was a pledge to keep approximately 50 percent of the land as green space. Mr. Chittum pointed to a revised chart that indicated that 52 percent of the land would be green space property and that was not including the airport property. Mayor Bowers questioned if the property was part of the Runway Protection Zone (RPZ); whereupon, Mr. Chittum replied that it was not and that the FAA had not expressed any concern for safety. He pointed out that in 2007 there had been a land exchange between the airport and the City of Roanoke so the RPZ could be extended. The Mayor inquired if there were persons present who wished to speak on the matter. Robert Gravely appeared before the Council and called for the City of Roanoke to be more transparent. Robert Reed, President of the Miller Court Neighborhood Alliance, spoke in favor of amending the Countryside Master Plan to change the land use of the 12.2 acres between Portland Avenue and Ranch Road from Urban Agriculture to Recreation. 325 Susan Hall, Secretary/Treasurer Countryside Neighborhood Alliance, spoke in opposition of the amendment, asking that the Countryside Master Plan not be amended. (See copy of Susan Hall's comments on file in the City Clerk's Office.) Valeria Garner, President of Countryside Neighborhood Alliance, asked that the Countryside Master Plan not be amended. She also presented a petition signed by 75 residents opposing the amendment. (See copy of petition on file in the City Clerk's Office.) Greg Feldmann, speaking on behalf of the NorthwestNVilmont Recreation Club and the Roanoke Valley Youth Soccer Club, asked to be on record as being in favor of the changing the Portland Planning Area from Agricultural to Recreation. (See copy of Greg Feldmann's comments on file in the City Clerk's Office. Jason Bingham spoke in favor of the amendment, citing the positive economic impact and the need for additional sports fields. Cynthia Allen spoke in favor of the amendment, commenting the property could be used for athletic fields to host much larger events. Dereck Bond spoke in support of the amendment. Al Prillaman spoke in support of the amendment. Kathy Smith, Nurse and Instructor at the Roanoke Athletic Club, spoke in support of the amendment; and encouraged the Council to consider the health of the City's youth. Carl Haley, President of the Concerned Citizens of Northwest Roanoke, spoke in support of the amendment. There being no further speakers, the Mayor declared the public hearing closed. Following additional comments by the Council, Ordinance No. 39511-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. 326 CITY-OWNED PROPERTY-SALE/PURCHASE OF PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to convey approximately 1.08 acres of City-owned property, located at 802 Wiley Drive, SW, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1121401, to 5311 Holdings, LLC, which operates East Coasters Bicycle Shop. The property to be conveyed formerly housed the Virginia Museum of Transportation, and has been vacant since 1985. The purchasers intend to relocate their business to this location, and use the property for a retail and restaurant business, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of such Sales Contract between the City and 5311 Holdings, LLC, substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to sell the property and to implement, administer, and enforce such Sales Contract, with the form of such Contract and any other documents to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) ' Vice-Mayor Rosen offered the following ordinance: (#39512-091712) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 802 Wiley Drive, S.W., Roanoke, Virginia, bearing Official Tax No. 1121401, to 5311 Holdings, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 18.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39512-091712. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. 327 Jim Lee, member of the Greenway Commission and a member of the City and regional Bicycle Committees, came before the Council and said he was speaking as a citizen who was extremely happy that the Wasena area was attracting an economic development dream team whose members were willing to invest their own time, money and sweat equity. He stated that the relocation of East Coasters to Wasena would provide a destination for greenway users in the same manner that Elmwood Park would when completed. He explained that East Coasters is a bicycle shop that is supportive of the cycling community with sponsorship of cycling events in the Roanoke and New River Valleys as well as Carvin's Cove, Mill Mountain and the Explorer Park. He further explained that the location of the bike shop in the Wasena area would be a leap forward and provide a catalyst for future business development and he was looking forward to seeing a building that had been closed for over 25 years come back to life. Vice Mayor Rosen commented that he thought it was a cool project to take a building that was not being used and turn it into a useful venue. He further commented that it was good for the community, the users of the greenway and would provide tax revenue to the City. He said that he would be supporting the item and was excited about it. Council Member Lea concurred with Vice Mayor Rosen and said that he thought the project was a win/win for the business and the City of Roanoke. He stated that he had heard positive comments from the people in the area and he would be voting in favor of the item. Council Member Bestpitch indicated that he had wondered for a long time why someone had not found a positive use for the wonderful building that had so much potential. He then asked for an explanation of the Dead of Release of Restrictive Covenants; whereupon, the Acting City Attorney explained that there had been some restrictions when the City purchased the property in 1938 and he wanted to make certain those restrictions were addressed at the time of conveyance. He further explained that the remaining documents would be arriving by U.S. Mail and would simply need to be signed. Wesley Best, Co-owner of East Coasters Bike Shop and Co-owner of 5311 Holdings, said that he was excited to be before Council and that he was passionate about the potential for the new location and impact on the neighborhood. There being no additional speakers, the Mayor declared the public hearing closed. 328 There being no questions and/or comments by the Council Members, Ordinance No. 39512-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. LEASES-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease approximately 86,501 square feet of City-owned property commonly known as 5550 Precision Circle, N.W., and formerly known as 1302 Municipal Road, N.W., to The Hertz Corporation to be used as a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, beginning October 1, 2012, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a lease agreement with the Hertz, 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 Lea offered the following ordinance: (#39513-091712) AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and The Hertz Corporation for use of an 86,501 square foot parcel of City-owned land at 5550 Precision Circle, N. W., for the operation of a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 19.) Council Member Lea moved the adoption of Ordinance No. 39513-091712. The motion was seconded by Vice-Mayor Rosen. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 329 There being no questions and/or comments by the Council Members, Ordinance No. 39513-091712 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Danielle Roth appeared before the Council to call attention to Chemtrails in the atmosphere; and to asked the City of Roanoke to investigate the matter and declare the space above the City as a space-based weapon free zone. (See copy of Ms. Roth's handouts on file in the City Clerk's Office.) There being no further business, at 8:29 p.m., Mayor Bowers declared the Council meeting in recess until Friday, September 28, 2012, at 8:30 a.m., at the Mountain View Recreation Center, 714 13th Street, S. W., for Council's Annual Strategic Planning Work Session. The September 17, 2012, Recessed Council meeting reconvened on Friday, September 28, 2012, at 8:34 a.m., at the Mountain View Recreation Center, 714 13r Street, S. W., for City Council's Annual Strategic Planning Retreat, with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch (arrived late), Raphael E. Ferris, Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: Council Member Sherman P. Lea-1. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development; Sherman M. Stovall, Assistant City Manager for Operations; Amelia Merchant, Director, Office of Management and Budget; Michael Shockley, Budget Administrator, Office of Management and Budget; Jonathan E. Craft, Deputy City Clerk; Lindsey Hurt, Assistant to the City Manager; and Jim D. Crissinger, Facilitator. 330 Mayor Bowers welcomed everyone to the meeting. At this point, Council Member Bestpitch entered the meeting (8:37 a.m.). The City Manager acknowledged everyone in attendance and expressed accolades for departments and organizations to work collectively across public and private sectors to accomplish goals, such as the recent All-America City Award and the Star City Reads campaign. The City Manager also encouraged dialog from the Council and asked that feedback be given during the session. Following his welcome comments, Mr. Morrill highlighted the following items for discussion: • FY 2014 Budget Development Strategic Planning • Performance Indicator Previews • Identification of Core Services • FY 2014 Strategic Issues Identification • Affirmation of Priorities • Citizen Engagement Discussion • Next Steps The City Manager recognized the Director of Management and Budget, who reminded everyone of the FY 2013 budget development process. She shared the . following: • Strategic Planning Retreat; • Council Briefings: - January 3: Local Tax Projection, Non-Discretionary Cost Increases, Retirement - February 6: Price of Government, Allocation of Priorities, Offers by Priority, Capital Planning - March 5: Ranked Offers by Priority, Capital Planning, CBET - April 2: Balancing Strategies, Revenue Adjustments/Enhancements, Capital Planning, Cash Funding for One-Time Expenses - April 16: Presentation of FY 2013 Recommended Budget - May 7: Budget Study Based upon Council's discussion concerning the budget development process, the following items were considered: 331 • Time spent looking at previous budgets versus actual expenses • — Budget developed with a conservative approach-within 1% to 3% of revenue forecasts. — Expenditures for prior two years available during development • Not creating a disincentive for savings by taking unspent money at midyear • Decide early when not funding certain programs At this point, Council Member Price entered the meeting (8:52 a.m.). During the discussion of the Priority Performance Indicators, Ms. Merchant said there had been some growing pains with the indicators but progress was being made. Mr. Crissinger commented that the performance indicators were an opportunity to look at the data and determine what difference was being made while concentrating on the desired outcomes. All seven priorities were discussed and the following comments were noted: Economy: • Growth in the Meals Tax • Streamline the process of opening a restaurant • Encourage office development and retail • Focus on customer perspective • Market the City and Brand Awareness • Tapping into regional awareness • City ambassadors to help direct tourists Education: • Funding of schools at 40% of budget • Hold schools accountable—William Fleming not accredited • Gaining more efficiencies —the cure is not more money • Have schools articulate long-term plans — affects City's bond rating • Proactively educate public regarding funding — show comparisons of other localities • Expect performance Good Government: • Internet based services — good indicator of government responding to citizen requests • Received CAFR award more times than anyone in Virginia • Turnover rate of employees 332 Human Services: • Determination of homeless numbers • Number of geriatric housing units • Funding for assistance to citizens from the State but administration through the City — may need more employees if demands for services increase • Reduction of number of children in Foster Care Infrastructure: • Elm Avenue and 581 Construction • Storm Water Fees— regional coordination • Creation of storm water utility • VDOT match funds and local match funds for storm water abatement Livability: • Police walks and departments collaborating on identifying issues • Quality amenities — arts and culture — creation of endowment of public/private funds • Vetting organizations requesting funding • Non-profits should provide a plan for sustainability • Library use — creative and innovative advertising -∎ Public Safety: • Safety of downtown • Bicycle patrol and ambassadors for tourists • Location of bus station Ms. Merchant pointed out the results of the Citizen Survey Ratings for Services and Programs. Discussions were held in the following areas related to the survey: • Recycling becoming a priority to citizens • Assignment of Code Inspectors— meaning of survey results • Mowing and maintenance of the City parks and right-of-ways Mr. Crissinger explained that there is typically a lot of inertia in the formulation of a budget and the tendency is to do the same thing as the previous year with a few changes. He said the important thing was to determine what core services needed to be changed. The following recommendations were made: • Promoting economic development and assisting businesses so that an impact trickles down to those at the poverty level • Helping citizens obtain affordable housing • Providing transportation 333 • Workforce development and connecting citizens with training • Working with the United Way • Becoming more aggressive in helping citizens apply for loans/grants and setting up bank accounts • Working through churches to reach neighborhoods • Maintaining infrastructure —taking care of properties owned by the City before building new structures • Creating incentives to bring in new businesses—diverse mix not just restaurants • Finding ways to keep State agencies in the City • Intentionally reaching out to Blacksburg and Virginia Tech • Embracing relations with adjacent localities During the discussions, it was determined that no changes were being recommended in connection with the seven priorities. The FY 2014 Strategic Issues discussion pointed to the following areas for improvement: • Employee compensation — some positions as much as 15% behind in average compensation for comparable positions • Health insurance for uninsured or underinsured employees • Potential cost for the local animal shelter — SPCA would like to remove itself from involvement — possibility of the City to take over • Surplus properties inventory Citizen Engagement in the budgeting process produced the following items for discussion: • Public hearings often only bring out special interest groups or disgruntled individuals • Citizen Budget team members were fatigued when the necessary background information was presented • Previous use of blogs for citizen input— produced few results • Possible use of a professional focus group The tentative FY 2014 Budget Development Timeline listed the following Council Briefings: • January 7: Local Tax Projection, Non-Discretionary Cost Increases • February 4: Price of Government, Offers by Priority, Capital Planning • March 4: Offer Status Update, Capital Planning • April 1: Balancing Strategies, Revenue Adjustments/Enhancements, Capital ■. Planning, Cash Funding for One-time Expenses 334 • May 6: Budget Study •-• • April 15: Presentation of FY 2014 Recommended Budget • April 25: Budget Public Hearing • May 13: FY 2014 Budget Adoption Wrap-up comments included: • Discussions seemed to be more engaged when briefings were held in the EOC conference room • Less background should be given during briefings and concentration should be on the decision at hand • There should be a greater effort to inform agencies sooner when they will not be funded • Council Members should be responsible for budget rankings and not just be a rubber stamp • Problems of funding for outside agencies will not be solved by simply placing them in a separate category — outside agencies are having to adjust to the Budgeting for Outcomes process • Straightforward answers should be given to agencies if they are not going to be funded • Budget briefings should be kept in Council Meetings • The Budgeting for Outcomes process is a much preferred method of creating the budget There being no additional questions and/or comments by the Council, Mayor Bowers expressed appreciation to the City staff and facilitator on their hard work. There being no further business, the Mayor declared the recessed meeting adjourned at 1:15 p.m. APPROVED ATTEST: mCtn.) Stephanie M. Moon, MM David A. Bowers City Clerk Mayor 335 CITY COUNCIL-REGULAR SESSION October 1, 2012 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke Civic Center Commission on Monday, October 1, 2012, at 9:00 a.m., in the Council Chamber Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, 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. 39429-070212 adopted by the Council on Monday, July 2, 2012, with Mayor David A. Bowers and Chairman Brownie E. Polly presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. CIVIC CENTER COMMISSION MEMBERS PRESENT: Woody Deans, Landon C. Howard, Judy Jackson, Stephen Willis and Chairman Brownie Polly-5. ABSENT: Commission Members Thomas Pettigrew, and Richard Walters-2. Representing Roanoke Civic Center Commission: Robyn Schon, General Manager, Global Spectrum; Joe Dolan, Assistant General Manager, Global Spectrum; and June Woodward, Secretary to the Commission. Mayor Bowers and Chairman Polly gave opening remarks Chairman Polly expressed appreciation to the Council for the opportunity to provide an update of the past year activities. He introduced Robyn Schon, General Manager, who expressed excitement to share the Civic Center's accomplishments for Fiscal Year 2012 and upcoming events of Fiscal Year 2013; and presented the video presentation below highlighting the 2012 events held at the Roanoke Civic Center: 336 Major Events ... • Elton John set the new record for highest grossing single show in the 41 year history of the Roanoke Civic Center! • Over$2,000,000 in Cirque du Soleil sales were generated in less than 1 year! • We continue to be Southwest Virginia's premier live entertainment destination! • On September 30th Jason Aldean held his 6th annual "Concert for the Cure" at the Roanoke Civic Center! • This was the largest "Concert for the Cure" he has held to date, donating $315,000 to the local Roanoke chapter of the Susan G. Komen Foundation! • We had another strong Broadway in Roanoke Season! • Highlights included 3 performances of Blue Man Group and a sold out performance of Spamalot! • 8 total shows with over 10,000 paid for over $550,000 in ticket sales! • FY13 will be our 20th Anniversary of Broadway in Roanoke! Community Based Events • The Special Events Center continues to ' attract more events and larger crowds! • The 2nd Annual PetEx, an event produced by _ +^ the RCC, drew over 500 more guests than in ' 2011 11 11‘1,.. , � `' •s. • The SEC played host to ''• ! - - Roanoke's 151 Hunt •Fest - - , ' • SEC attendance." ' increased from 50,351 in 2011 to over 57,500 in 2012 ' Olt' �J y 337 Community Based Events . a Yea Nnd WHAT? 0 ' ... o..n. ._ ..... 1 .. l _ Red Cross Cooling Shelter - B. `�'✓ ' Harlem Globetrotters visit ho y► a ^----• Kirk Family YMCA I ) WWE Anti-Bullying at v ,,, ab1y� L)M Stonewall Jackson Middle " - GL i!j '-' School Decorated the Market Building with Cirque Financials • Global Spectrum ended FY 2012 $180,924 better than budget. - Actual short fall (before subsidy) of$456,683 vs. Budgeted short fall (before subsidy) of $637,606. • Number of Events - Actual 263 vs. Budgeted 266 • Paid Attendance - Actual 229,807 vs. Budgeted 246,701 • Event Income - 2012: 263 events generated $2,079,885 - 2011: 270 events generated $1,971,591 Capital Improvements FY 12 • Maintenance - Improvements made on HVAC and Air Handling Units, including replacement of existing chiller with a more efficient magnetic chiller. - Ongoing preventive maintenance of HVAC system and Air Handling Units. 338 • Capital Improvements scheduled for FY13 - Plaza Exhibit Hall roof replacement / repairs - New exterior Coliseum, RPAT, and Exhibit Hall doors - New handicapped lift in the Coliseum - Full facility lighting upgrades including parking lots and the marquees Upcoming Events f BROADWAY I.Q�" !¢L RP7 GRACE 18 OCT 1 i lEls�� i cic FTHE JALS • • as " BATMAN LIVE • All-new, live-action arena spectacular • 15 million dollar stage production with an original story featuring 43 actors • 3D Gotham City landscape, a symphonic score, custom-built state-of-the-art stage, a 100 foot bat- shaped LED video wall, pyrotechnics and an •^ impressive, fully functional, Batmobile 339 Elton John Disney On Ice 'Rock of Ages Disney Live! Rascal Flatts Here s ro Barn m& Bailey Circus Alan Jackson Seeing You limBrian Regan My Fair Lady CeSic Woman Soon ! Tyler Perry's Jason Aldean Soon ! Madea Gets a lob Yo UMW Gana Monster Lewis Black Lady Antebellum er lam left Dunham Mannheim Steamroller Vince Gill & Amy Grant Monty Python's 8lake Shelton • Cirque Du Soleil: Quidam 5 dmdlot nanen .�♦�. WWE Smackdown P ' 'molter` Blue Man Group Straight No Chaser ROANOKE James Taylor ` "` " ' II la 'Tr('tie Du Soleil: Alegria Robyn CivoCntr Global Spectrum Roanoke bySchorr General eral 5anamm Fr 540-853-6861 RoanokeCivicCenter.com (See copy of presentation and video on file in the City Clerk's Office.) Chairman Polly thanked Ms. Schon and Mr. Dolan for their efforts, and especially Sherman Stovall, Assistant City Manager for Operations, who attended every meeting and kept communication flowing between the City and the Commission. Ms. Schon echoed the sentiments of Chairman Polly and commented that their team was strong and committed to the success of the Roanoke Civic Center. Comments by Roanoke City Council/Civic Center Members: Council Member Ferris asked Ms. Schon to highlight the advantages that Global Spectrum brought to the City; whereupon, Ms. Schon advised that Global Spectrum provided innumerable resources and the latitude and flexibility needed to attain deals outside the scope of procedure with the City. She noted that they have relationships around the world that allowed the Civic Center access to be a part of something much larger. 340 Council Member Bestpitch asked about capital improvements and what was involved in the roof replacement and repair of the exhibit hall; whereupon, Ms. Schon __.• explained that many of the ceiling tiles in the exhibit hall were missing or stained and the roof of the exhibit hall was actually the plaza; so the concrete pavers and rubber membrane must be pulled up and replaced because it was beyond repair. Council Member Bestpitch further inquired if funding had been identified for the improvements and the time line for completion. Ms. Schon indicated that funding had been set aside for the capital improvements, such as the roof replacement, replacement of the exterior doors, replacement of the handicap lift in the coliseum and a few other things addressing the HVAC issues. She noted that the deadline was May 1 to complete some of the projects in order to capture the funds within the current fiscal year. The Director of Finance commented that currently in the CIP $1 million dollars was allocated for the Civic Center and $1.5 million in the next 4 years within the five year CIP. Council Member Price commented on the diversity of the entertainment held at the Civic Center and asked Ms. Schon to address the parking issues; whereupon, Ms. Schon explained that parking would probably always be an issue at the Civic Center because it consisted of four very active buildings and roughly 1,000 to 1,100 parking spaces for customers and guests. She pointed out that within that number another 100 spaces were used by employees or staff working the events, but they have been using social media to help citizens to plan and prepare accordingly in hope to alleviate those issues. She further explained that they were looking at potentially charging for parking at major events, for example the Eric Church concert which would fill the lot rather quickly, and by selling a parking ticket along with the show tickets online; after 1,000 tickets were sold no additional onsite parking would be available. She pointed out that by charging a minimal for the convenience of parking onsite, they would aggressively market to the remaining customers that the parking garage was free as well as the shuffle; ultimately using the fee to offset the expense for the shuttle which comes out of the operating budget. The City Manager added that he recently saw guests crossing the greenway to access the Civic Center lot and that it was an opportunity to promote the parking garage, the greenway and pedestrian bridge to Hotel Roanoke. Council Member Bestpitch added that the shuffle was a great deal and exited the lot prior to the patrons parking at the Civic Center. -� 341 Council Member Trinkle commented that he would support the parking fee and asked how much the subsidy would be if the trend continued to improve; what the budget short fall was; if the focus of 2013 would be fewer shows of higher quality; the status of the seat replacement; and the success of the Special Events Center. Ms. Schon advised that a loss of$634,000.00 had been budgeted for 2013 in line with the loss for 2012; that risks had to be taken and some shows were purchased such as Veggie Tales which was profitable. She continued stating that the decrease of the subsidy was tricky being that the fluctuation of the entertainment industry was unknown and hopefully the capital improvements would ensure savings and affect the bottom line by 30 to 50 percent. Mr. Stovall interjected that it was not his expectation to eliminate subsidy, but to measure success by stabilizing the budget, remaining on target and coming in under budget as the Civic Center has done for the last several years. In response to Dr. Trinkle's inquiry about seat replacement and status of the Special Events Center, Ms. Schon replied that although seats were important, the refrigeration of the ice rink must be addressed and repaired and the intent was to address the coliseum seating and carpet in the theater entering into Fiscal Year 2015. She further stated that the Special Events Center has been successful, but often suffers because the room cannot be partitioned for conference break-out sessions. Mayor Bowers thanked Ms. Schon and the Commissioners for their continuing efforts and expressed appreciation to Global Spectrum for allowing the Civic Center to be used as a cooling station during the El Derecho storm. Commissioners Jackson and Deans expressed how the Civic Center continues to explore events for Hispanics, African Americans and the handicapped community; and how the Civic Center has a powerful impact on local restaurants, hotels, etc. There being no further business, Chairman Polly adjourned the Commission meeting at 9:55 a.m. There being no further business, Mayor Bowers declared the Council meeting in recess at 9:55 a.m. At 10:15 a.m., the Council meeting was reconvened with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Lea; and action was taken on the following items: 342 COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the Mayor as above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent.) COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2012 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the Mayor as above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent.) COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located in the Coyner Springs area of Botetourt County, where discussion in a 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.) 343 Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located on Court land Road, N. E., where discussion in a 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.) Vice-Mayor Rosen moved that Council concur in the request as of the City Manager above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. Council Member Bestpitch mentioned that the title paragraph of the ordinance listed under item 7.a.1. was incorrect, inasmuch as it was referencing the amended Appendix A of Chapter 36.2, and asked that the matter be reviewed prior to the 2:00 p.m. session. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. 344 BRIEFINGS: Enterprise Zone Update Lindsay Hurt, Assistant to the City Manager briefed the Council on the proposed changes to Enterprise Zones One A and Two. She highlighted the following information: Enterprise Zone Program • Established in 1982 by General Assembly as Virginia Enterprise Zone Act • Partnership agreement: DHCD • Stimulates private commercial investment and job growth •F]9ounMy nn..n...e_n, ]C/9p012•2 Ms. Hurt advised that the Enterprise Zone Program was a partnership between the City of Roanoke and Commonwealth of Virginia, allowed the City to grant funds to businesses and property owners for investing in infrastructure and job growth, and of the FY2012 Façade Grants approximately $250,000.00 leveraged $1.3 million in facade improvements. 345 Roanoke Enterprise Zone Program • Enterprise Zone Ooe A establisheo n 2004 • Enterprise Zone Two estooishea in 1996 •3B_. _.. F. _ -+ -uQLi2.3 Y.. 2005 Enterprise Zone Act • Act authorizes 30 zones • 57 Current Enterprise Zones established in Virginia • By 2015, 27 Zones will expire without renewal • Best approach: Consolidation Ms. Hurt advised that there were approximately 200 applicants for $14 million for calendar year 2011 and with two zones, Roanoke was one of the most active areas for the Enterprise Zone Program and eligibility for renewal was not likely. 346 Amendment Considerations • 7 percent of and (per zone) • 15 percent deletion maximum (per zone/per year) • 3 noncontiguous areas (per zone) •[I BOVntlnry 4nI rI:I m IC/82012.5 Roanoke Enterprise Zone S s j =Itc' tea S" fit "?-41 ,- .r iyxc� r r1 :14 ..... i n j,N •'�" S y 4.7‘ lAth •E b__'= 3 c .Ll_.6 347 Boundary Deletions � ; • Zone One A F kl e. ! 7I{I K Y IAK e. NE H II h i nl �L •FZ 8o�ntlnry ronencine 80012.7 Boundary Deletions • Zone Two I I jo. • C__.•a _ _ �2012•B 348 Boundary Additions • Zone One A • I 1 •E2 Boundary 4�irdn..L 10/8/2012•9 Boundary Additions • Zone One A Subzone A • Zone One A Subzone B •EZ A•m.-n_i x 10/N/2C12•I0 349 Boundary Amendments it : •EZ Sourran; Ans^]^¢r's 10/8/2012.11 ` Boundary Amendments • Final Enterprise Zone One A acreage: 1 ,920 • What's next? C'd FILL F _'—: I S -:I2 •ez eou�»w n�,�.m-,..c 138/2012.12 350 She noted that the total allowable acreage in Enterprise Zone One A was actually 1,926 acres. (See copy of presentation on file in the City Clerk's Office.) Discussion: Council Member Price inquired if the areas to be deleted were to be consolidated as well; whereupon, Ms. Hurt explained that the areas were not utilized and would not be consolidated, but removed from Zone One A in order to remain within the 7 percent allowed by the State. Council Member Bestpitch inquired as to what kind of communication has the City maintained with the property owners in the proposed deleted areas; whereupon, Ms. Hurt advised that the over 175 letters were recently sent to property owners for notification purposes and added that she has already received phone calls on the matter. Council Member Trinkle commented that most requests were for capital improvements to buildings residential and commercial and asked if it could be applied to retail establishments. Ms. Hurt advised that as long as it was an investment in infrastructure it could apply, facade grants help greatly for retail because there is no minimum essentially giving back a third of the planned investment up to $25,000.00. Dr. Trinkle further inquired if efforts could be increased to promote area businesses to apply for the jobs creation grant; whereupon, Ms. Hurt advised that talking to people and if they hear of a company looking to add jobs to apply for the grant has proven successful. Foot Levelers and Foot Dynamics both applied for job creation grants. The Assistant City Manager for Community Development added that the process was not cut and dry and involved specific requirements of the company applying. Mayor Bowers thanked Ms. Hurt for an informative presentation; and noted that the information would be received and filed. Former Health Department Building Proposal Katherine Gray, City Planner II, briefed the Council on the 8`h and Campbell revitalization opportunities; and shared a powerpoint highlighting the matter. (For full text, see copy of the presentation on file in the City Clerk's Office.) •■ 351 Discussion: Vice-Mayor Rosen inquired if the building had an asbestos problem; whereupon, Ms. Gray indicated that the building was undergoing an analysis to find out, but it was structurally sound. Council Member Trinkle thanked Ms. Gray for the presentation and asked if after the 60 day RFP process what happened next if no usable proposal was submitted. Ms. Gray replied that if no usable proposals were submitted the deadline for receipt could be extended. He further commented that it was vital to have the right proposal for the property and avoid a quandary that has happened in the past when City properties were placed on the market. Ms. Gray advised that the property was surplus and strategic and it was best to wait and encourage the best offer for the neighborhood. Vice-Mayor Rosen inquired as to type of marketing to be applied to the property, if only local developers were anticipated and how the property was from the perspective of what could be done. R. Brian Townsend, Assistant City Manager for Community Development advised that there were two ways to approach marketing, but in the current case putting the property out there with a price was not the way to go and perhaps it should be approached by completing the conditions report so that interested developers would access to that information and market through economic development department to local, State and regional contacts. He further advised that there had been a good amount of interest in the property, but if the right opportunity was not presented it could be revisited. He added that a property like that provided a broad range of options for developers and welcomed creativity in the residential or commercial development realm. In response to inquiry as to whether the property was a historic building, Ms. Gray replied that the building was listed as a noncontributing structure within the federal historic district, so the developer would have to apply for an individual designation. Council Member Ferris commented that he hoped someone considered it a good location for a grocery store versus a nonprofit because so many nonprofits were located in close proximity to the property. 352 Following additional comments with regard to nonprofit organizations and the potential of the property, Mayor Bowers advised that he would not participate in , • discussion or voting with regard to the property because he was a member of the Rebuilding Together, Board of Directors who previously expressed interest in the property. He further added that he would not participate at Board meetings on the matter as well. He thanked Ms. Gray for the informative presentation. At 11:28 a.m., the Mayor declared the meeting in recess until 2:00 p.m., for Closed Meeting, in the Council Conference Room, Room 451, Fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor David Bowers presiding and all Members of the Council in attendance. PRESENT: Council Members, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Josh Coldren, Pastor, Valley Crossroads Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-VIRGINIA MUNICIPAL LEAGUE: The Mayor read the Platinum Certification Award plaque previously presented to the City of Roanoke at the 2012 Virginia Municipal League Conference in Williamsburg, Virginia. PROCLAMATIONS-DIVERSITY AWARENESS: The Mayor declared October 2012 as Diversity Awareness Month. He presented the proclamation to Gwin Ellis, Organization Development and Learning Coordinator; and Members of the Diversity Advisory Council. (See ceremonial copy of the proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. 353 Larry Black appeared before the Council and expressed concern with regard to the proposed renovations to the City Market area and the impact on the current vendors. (See written remarks on file in the City Clerk's Office.) Lucas Thornton appeared before the Council and shared additional information with regard to the proposed renovations to the City Market area; and offered a possible solution to the parking issues downtown. He stressed his commitment to finding a solution to make parking available downtown; and noted that perhaps a comprehensive approach was better because there was a direct link between parking and retail establishments. He welcomed feedback from the current vendors to combat the issues and maintain the vital downtown retail area. Council Member Bestpitch commented that he hoped the citizens would take advantage of the opportunity Mr. Thornton presented to be a part of the solution and the process moving forward. The City Manager added that the Engineering Department was currently looking at that area and the drainage and electrical systems below the street level. . .. Following additional comments, the City Manager invited the vendors, Mr. Thornton and Sean Luther, Director, Downtown Roanoke, Inc., to convene in his conference room for a brief discussion on the matter. Nancy Dye, Chair, Mill Mountain Advisory Board, appeared before the Council and spoke about the possible disbandment of the Board; and urged the Council to retain the Committee because the members were passionate about the issues involving Mill Mountain. Following extensive dialogue surrounding Dr. Dye's comments, Council Member Ferris advised that the Council would table action on the matter until a future meeting. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are 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 were desired, the item would be removed from the consent Agenda and considered separately. He called attention to three requests for public hearing from the City Manager. 354 • TAXES: A communication from the City Manager requesting that Council -•• schedule a public hearing for Monday, October 15, 2012, at 7:00 p.m., or as soon .w• thereafter as the matter may be heard, to consider a request from Roanoke Valley Swimming, Inc., a non - stock, not for profit corporation, for tax exemption of real property in the City located at 1130 Overland Road, S. W., 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 above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 15, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize a contract for the sale of City- owned property located at 2051 Blue Hills Drive, N. E., to the Roanoke Cooperative Association, Limited, commonly known as the Roanoke Natural Foods Co-op for the -+ operation of an urban farm, 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 above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 15, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a lease agreement for City- owned property located at 1970 Blue Hills Drive, N. E., to the Roanoke Cooperative Association, Limited, commonly known as the Roanoke Natural Foods Co-op to establish and operate an urban farm to provide locally-grown produce, was before the body. (See communication on file in the City Clerk's Office.) 355 Council Member Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION-ROANOKE NEIGHBORHOOD ADVOCATES-ECONOMIC DEVELOPMENT AUTHORITY: Reports of qualification of the following individuals were before the Council: The Honorable William D. Bestpitch as an Elected Official representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term of office ending June 30, 2015; and as a City representative of the Virginia's First Regional Industrial Facility for a four-year term of office ending June 30, 2016; Princess Moyer as a member of the Roanoke Neighborhood Advocates to replace Braxton Naff for a term of office ending June 30, 2015; and Charles E. Hunter, Ill, as a member of the Economic Development Authority for a four-year term of office ending October 20, 2016. Council Member Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 356 CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: CITY CODE: The City Manager submitted a written communication recommending amendment of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, in order to clarify "zoned for agricultural use" and to update for consistency with the Code of Virginia (1950), as amended, and the City's Zoning Ordinance. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39514-100112) AN ORDINANCE amending and reordaining Section 6-7, Limitation on keeping livestock, of Article 1, In General, Section 6-81, Shelters, of Article IV, Equine Animals, and Section 6-95, Limitations on keeping, of Article V, Poultry, of Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended; to clarify when property should be considered zoned for agricultural use and updated to provide more consistency with the Code of Virginia and the City's Zoning Ordinance; ^� providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 20.) Council Member Bestpitch moved the adoption of Ordinance No. 39514-100112. The motion was seconded by Council Member Ferris. The Acting City Attorney advised that the ordinance was revised to remove the words Appendix A, Definitions, Chapter 36.2 Zoning, which was previously in the title paragraph. Chris Chittum, Planning Administrator, explained that now agricultural uses were allowed in the zoning ordinance by special exception, but the Animals and Fowl section did not match the Zoning ordinance and needed to be updated. He pointed out that the ordinance was clarified by simply inserting the words either "zoned for agricultural use, allowed by special exception or as a continuation of a nonconforming use" and removing what would be classified in the Zoning ordinance. Council Member Bestpitch asked if the current code required stables or structures for horses to be 300 feet away from any dwelling unit; whereupon, Mr. .� Chittum advised that was correct if in an area was not zoned agricultural. 357 Mr. Bestpitch further commented that he was concerned to read in the use tables in Chapter 36.2 that a special exception could be granted in almost all of the zoning districts and not require any kind of a setback in the code. Mr. Chittum replied that it depended on the context of the request, the size of the lot and concern that a structure was too close to a property line where it might cause problems. Mr. Bestpitch further commented that he felt it was too open-ended. There being no further questions and/or comments by the Members of Council, Ordinance No. 39514-100112 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: Council Member Bestpitch-1. BUDGET-REVENUE-SHARING PROGRAM: The City Manager submitted a written communication recommending authorization to submit application to the Virginia Department of Transportation Revenue Sharing Program to request Fiscal Year 2014 funding in order to complete seven City projects. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39515-100112) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Revenue Sharing Program in the amount of $8,250,000.00 for FY 2014 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 76, page 25.) Vice-Mayor Rosen moved the adoption of Resolution No. 39515-100112. The motion was seconded by Council Member Lea. The City Manager explained with regard to the Revenue Sharing Program that it was the highest amount received from VDOT and reviewed the following information: • The Franklin Road Bridge over Norfolk Southern Bridge replacement will be matched $1.8 million of City funds with 1.8 million in VDOT funds; • Citywide bridge maintenance will be matched 500,000.00 from the City and $500,000.00 from VDOT; • Citywide paving program will receive $3.3 million in match funding provided by the City; 358 • Citywide storm drain improvements will receive $1.12 million dedicated from the City and the State will match those funds; • Citywide curb, gutter and sidewalk for new construction will match $750,000.00 from the City with VDOT funds and citywide curb, gutter and sidewalk repair will have $205,000.00 that will be matched by the State; • The Roanoke River Greenway construction for the connection between Roanoke and Salem will receive City match funding of $600,000.00, $400,000.00 from Pathfinders donations and $200,000.00 from City dedicated funds to greenways that will provide a total of$1.2 million for the project. He concluded that altogether the City would fund $8,250,000.00 and leverage the same amount from State funds for capital projects. Vice-Mayor Rosen and Council Members Lea and Ferris commended the City staff for their efforts to secure the funds for capital projects and Mr. Ferris asked if the receipt of those funds was anticipated in the budget creation in the hope that it would allow for more work to be done on capital projects. The City Manager replied in the affirmative and added that it was stressed in the Strategic Planning Session that investment in infrastructure was critical to economic development and in times of strain those funds allow more focus on repair. There being no further questions and/or comments by the Members of Council, Resolution No. 39515-100112 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-0. CITY MANAGER COMMENTS: The City Manager shared the following comments: Roanoke recognized for Bright Ideas in Government • Last week, Harvard's Ash Center for Democratic Governance and Innovation recognized Roanoke for its "Technology Initiatives for Building Placards" program. • The city's entry was its idea to apply Quick Response (QR) codes to permit placards, linking customers to the Online Permit Center where they can see new building activity and the daily inspections calendar online via smartphones or tablets 359 • Roanoke's idea was selected as one of 111 innovative government initiatives included in the Ash Center's 2012 Bright Ideas in Government cohort. • Roanoke Times editorial page gave a nod to this recognition in its Sept. 29 Saturday Shorts section. Fall Waterways Cleanup 2012 • Volunteer teams from all over the Roanoke Valley will join forces to remove trash from our streams, creeks, and rivers and their vicinities. An after-cleanup celebration will be held at Wasena Park. Sponsors will supply food, drink, and entertainment. Saturday, Oct. 6 Roanoke Valley and Botetourt County cleanup, 8:30 a.m. - 11:30 a.m. Picnic celebration at Wasena Park, 11:30 - 1:30 p.m. Sign up at www.cleanvalley.orq 2012 Virginia Women's Conference • Senator Mark Warner, Virginia Tech Roanoke Center, Hollins University, the City of Roanoke, and the Roanoke Valley Convention & Visitors Bureau will host the 2012 Virginia Women's Conference in October. The conference, now in its third year, will explore tools for success by providing advice from experts on health, careers, personal development, business, education, finance and retirement. Saturday, October 13 Hotel Roanoke & Convention Center 8:30 - 3:30 p.m. Free admission Marie Wilson and Toni Blackman are keynote speakers. CityWorks (X)po • (X)po is a great opportunity to examine and enhance how America's small cities share worthwhile ideas, projects, expenses, and perspective. This three-day conference presents one of the nation's best opportunities for placemaking idea exchanges focused on small cities. Thursday-Saturday, Oct. 18 - 20 Market Building, Charter Hall Thursday 9:00 a.m. - 8:30 p.m. Friday— 8:15 a.m.-10:00 p.m. Saturday- 8:15 a.m. - 9:30 p.m. Elmwood Park Improvement Proiect • Last week the City received three bids for the project, higher than the project budget. 360 • Mr. Morrill gave an overview of the city's efforts to build an amphitheatre, starting with 2007 when the idea first began -- to 2010 when City Council decided that given the current economic situation the idea for a new amphitheatre should be scaled back to overall improvements to Elmwood Park. • The city's options now are to remove features, rebid the project, or move forward and fully fund the project with surplus money identified in the current city budget. He asked City Council for direction on how to move forward. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. VACANCIES ON AUTHORITIES, BOARD, COMMISSION AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: The Mayor called attention the upcoming vacancies on the Human Services Advisory Board created by expiration of the four-year terms of office of Gail Burruss, Quentin White and Cheryl Hartman as members ending November 30, 2012; and a vacancy created by the unexpired term of office of Pamela Kestner ending November 30, 2014. Inasmuch as Ms. Burruss having served two consecutive terms of office, pursuant to the Bylaws of the Human Services Advisory Board, she was ineligible to serve another term; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the names of Robin Haldiman, James Weber, Cheryl Hartman and Elliott Bayer. There being no further nominations, Ms. Haldiman was appointed to replace Gail Burruss; Mr. Weber was appointed to replace Quentin White; and Ms. Hartman was reappointed for four-year terms of office, each, ending November 30, 2016; and Elliott Bayer was appointed to fill the unexpired term of Pamela Kestner ending November 30, 2014, as members of the Human Services Advisory Board by the following vote: FOR MS. HALDIMAN, MS. HARTMAN AND MESSRS. WEBER AND BAYER: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. ... 361 Vice Mayor Rosen moved that the City residency requirement for Ms. Haldiman and Mr. Bayer be waived in this instance. The motion was seconded by Council Member Trinkle and adopted by the following vote: FOR MS. HALDIMAN AND MR. BAYER: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to the expiration of the three-year terms of office of Judy Jackson, Linwood Deans and Stephen Willis as members of the Roanoke Civic Center Commission on September 30, 2012; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the names of Judy Jackson, Linwood Deans and Stephen Willis. There being no further nominations, Ms. Jackson, Messrs. Deans and Willis were reappointed as members of the Roanoke Civic Center Commission for three-year terms of office, each, ending September 30, 2015, by the following vote: FOR MS. JACKSON, MESSRS DEANS AND WILLIS: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to the upcoming expiration of the three-year terms of office of Samuel Roman and Daryl Miley(Law Enforcement) as members of the Towing Advisory Board ending October 31, 2012; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the names of Samuel Roman and Daryl Miley. There being no further nominations, Messrs. Roman and Miley were reappointed as members of the Towing Advisory Board for three-year terms of office, each, ending October 31, 2015, by the following vote: FOR MESSRS. ROMAN AND MILEY: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-BOARD OF ZONING APPEALS: The Mayor called attention to the upcoming expiration of the three-year term of office of Mike Woolwine as a member of the Board of Zoning Appeals ending December 31, 2012; whereupon, he opened the floor for nominations. 362 Vice-Mayor Rosen placed in nomination the name of Mike Woolwine. V There being no further nominations, Mr. Woo!wine was reappointed as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2015, by the following vote: FOR MR. WOOLWINE: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. COUNCIL: With respect to the Closed Meeting just concluded Council Member Price 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, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. There being no further business before the Council, the Mayor declared the Council meeting adjourned at 3:24 p.m. APPROVED ATTEST: nn 124142 m Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor • 363 ROANOKE CITY COUNCIL—REGULAR SESSION October 15, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, October 15, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers-6. ABSENT: Council Member Raphael E. Ferris-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Maurita Wiggins, Pastor, Valley Community Church of Divine Science. The Mayor asked for a Moment of Silence in memory of Harry Cecil Curtis, a distinguished Roanoker and Founder of the Hamlar and Curtis Funeral Home. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: The Mayor recognized visiting Mayor Eugene W. Grant and Treasurer Robert Ashton of Seat Pleasant, Maryland. ACTS OF ACKNOWLEDGMENT-PLANNING, BUILDING AND DEVELOPMENT: The Mayor recognized Building Commissioner, Jeff Shawver and the Department of Planning Building and Development on obtaining national accreditation. ACTS OF ACKNOWLEDGMENT: The Mayor recognized Ms. Elisabeth Oude Alink-Falkmann, ROC van Twente College Professor visiting from Hengelo, Holland. 364 ACTS OF ACKNOWLEDGMENT-VIRGINIA AMATEUR SPORTS- COMMONWEALTH GAMES: Peter Lampman, President, Virginia Amateur Sports, Inc., presented a plaque to the City for continued support of the Virginia Commonwealth Games. Comments and PROCLAMATIONS-DISABILITY EMPLOYMENT AWARENESS MONTH: The Mayor declared October 2012 as Disability Employment Awareness Month and presented a ceremonial copy of the proclamation to Robert K. Eggers, Chair, Mayor's Committee for People with Disabilities. (See ceremonial copy of proclamation on file in the City Clerk's Office.) PROCLAMATIONS-WHITE CANE SAFETY AND BLIND AMERICANS EQUALITY DAY: The Mayor declared October 15, 2012 as White Cane Safety and Blind Americans Equality Day and presented a ceremonial copy of the proclamation to Dianne Decker, Founder/Secretary, Roanoke Alliance for the Visually Enabled. (See ceremonial copy of proclamation on file in the City Clerk's Office.) PROCLAMATIONS-RED RIBBON WEEK: The Mayor declared the week of October 21 - 27, 2012 as Red Ribbon Week and presented a ceremonial copy of the ^+ proclamation to Lynn McDowell, Sheila Lythgoe and Aaron Dean of RAYSAC. (See ceremonial copy of proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely appeared before the Council and spoke about the inequality of 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, the item would be removed from the Consent Agenda and considered separately. 365 CITY COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2012 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in the request of the Mayor as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Ferris was absent.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 2750 Hoover Street, N. W., (former Villa Heights Community Center), where discussion in a 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 above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ANNUAL REPORTS: Annual Report of the City of Roanoke Finance Board (OPEB) for the Fiscal Year ending June 30, 2012, was before the Council. (See Annual Report on file in the City Clerk's Office.) 366 Council Member Trinkle moved that the Annual Report be received and filed. The ... motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-ROANOKE CIVIC CENTER COMMISSION-BOARD OF ZONING APPEALS-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, BOARD OF DIRECTORS-ROANOKE NEIGHBORHOOD ADVOCATES-HUMAN SERVICES ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: The Honorable Judge Charles Dorsey as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a term of office ending June 30, 2015; Judy W. Jackson as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2015; Mike Woolwine as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2015; Jeffrey Marks as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for a one-year term of office ending June 30, 2013; Hollie Young as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Felicia Journiette ending June 30, 2014; and D. Elliott Bayer as a member of the Human Services Advisory Board to fill the unexpired term of Pamela Kestner ending November 30, 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 367 Council Member Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the 2012 - 2013 AmeriCorps Grant awarded to the Roanoke public libraries. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39516-101512) A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2012 - 13 from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 24.) Vice-Mayor Rosen moved the adoption of Resolution No. 39516-101512. The motion was seconded by Council Member Trinkle. 368 Council Member Bestpitch commented on the importance of the AmeriCorps program to the City and the increased usage of the library system. He advised that the libraries were full of citizens utilizing computers and the grant allowed for the hiring of 15 AmeriCorps members to teach computer literacy classes in various locations around the City. There being no further questions and/or comments by the Members of Council, Resolution No. 39516-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) Council Member Bestpitch offered the following budget ordinance: (#39517-101512) AN ORDINANCE to appropriate funding from the Federal AmeriCorps program through the Virginia Department of Social Services to provide part- time personnel for various library services and programs, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 25.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39517-101512. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ARTS-DONATIONS: The City Manager submitted a written communication recommending acceptance of art for the City's public art collection from the Dorothy Muriel Gillespie Foundation, Inc. (For full text, see communication on file in the City Clerk's Office.) 369 Council Member Trinkle offered the following resolution: (#39518-101512) A RESOLUTION accepting and expressing appreciation for the donation of an untitled piece of art from the Dorothy M. Gillespie Foundation for the Public Art Collection. (For full text of resolution, see Resolution Book No. 76, page 26.) Council Member Trinkle moved the adoption of Resolution No. 39518-101512. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) HOSPITAL-LEASES-SPORTS COMPLEX: The City Manager submitted a written communication recommending authorization for waiver of the City's sovereign immunity and execution of an agreement with Carilion Property Management, in connection with the Roanoke GO Outside Festival to be held October 19 - 21, 2012, at Rivers Edge Sports Complex North (Reserve Avenue), a new annual event sponsored by the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39519-101512) A RESOLUTION authorizing execution of a Hold Harmless Agreement with Carilion Property Management in connection with the use of 6 Riverside Parking Garage during the 2012 Roanoke GO Outside Festival. (For full text of resolution, see Resolution Book No. 76, page 26.) Council Member Trinkle moved the adoption of Resolution No. 39519-101512. The motion was seconded by Vice-Mayor Rosen. Council Member Lea inquired about the GO Outside Festival; whereupon, the City Manager advised that it was an annual event that focused on the outdoor industry for economic development. He noted that it was a free event in which outdoor vendors and retailers showcased their products and included a scavenger hunt throughout the City. 370 Vice-Mayor Rosen inquired about the waiver of sovereign immunity for Carilion •• Property Management. The City Manager explained that in order for the City to use the parking facilities Carilion must be indemnified. The Acting City Attorney added that it ... was routine to hold harmless an entity upon the use of their facility. There being no further questions and/or comments by the Members of Council, Resolution No. 39519-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Public Meetings and Open House • Public Meetings on the Evans Spring Property and Valley View Interchange Project to be held on October 16 and October 25 at 6:30 p.m., • •• in the William Fleming High School Cafeteria. • Open House to display the Countryside Greenway and Tail Project Prosposal to be held on October 23 from 6:00 p.m. to 7:00 p.m., in the William Fleming High School Cafeteria. Upcoming Events • Fall Fun Crime Prevention Day on October 21 from 12:30 p.m. to 3:00 p.m., at St. Marks Lutheran Church located at 1002 Franklin Road, S. W. • City Works Expo on October 18 — 20, 2ntl year, 3 day event, for more information visit www.citvworksexpo.com. Roanoke Redevelopment and Housing Authority News • One of 72 applicants and 17 winners to receive $200,000.00 to create a comprehensive transformation plan to enhance Lansdowne Park, Melrose Towers and the surrounding neighborhoods. • Three core goals identified; to create energy efficient and mixed income housing, to develop opportunities for positive outcomes for families related to health, safety, employment, mobility and education and to create neighborhoods with access to well-functioning services, high quality early learning programs and schools, public assets and improved access to jobs. 371 REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various grant programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: (#39520-101512) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 27.) Council Member Lea moved the adoption of Budget Ordinance No. 39520- 101512. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL APPOINTED OFFICERS-CITY ATTORNEY: Council Member Price offered the following resolution electing and appointing Daniel J. Callaghan as Manager of the City Attorney's Office, effective October 17, 2012; and City Attorney following admission to the State Bar: (#39521-101512) A RESOLUTION electing and appointing Daniel J. Callaghan as Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney for the City of Roanoke effective upon his admission to the Virginia State Bar, and ratifying the terms and conditions of employment offered to Mr. Callaghan. ,,., (For full text of resolution, see Resolution Book No. 76, page 29.) 372 Council Member Price moved the adoption of Resolution No. 39521-101512. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) NATIONAL LEAGUE OF CITIES: Vice-Mayor Rosen offered the following designating Council Member Anita J. Price as the Voting Delegate for the Annual Business Meeting of the National League of Cities on Saturday, December 1, 2012, in Boston, Massachusetts. (#39522-101512) A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of resolution, see Resolution Book No. 76, page 32.) Vice-Mayor Rosen moved the adoption of Resolution No. 39522-101512. The —� motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-ft NAYS: None-0. (Council Member Ferris was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Trinkle inquired about the status of the matter involving the changing of the voting precincts; whereupon, the Assistant City Manager for Community Development advised that the public hearing was scheduled for November 19 after the presidential election to avoid confusion. The City Clerk interjected that the Secretary of the Electoral Board, Melvin Williams had a conflict on the 19th and she would follow-up with him on the matter. 373 Council Member Price reminded everyone that the deadline to register to vote was October 15. Council Member Lea commented that the recent Domestic Violence Walk was successful and included many who spoke firsthand on the impact of domestic violence on the community. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:21 p.m., the Mayor declared the meeting in recess for two Closed Meetings in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 4:40 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Ferris. COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestptich 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 Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) At 4:41 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers-6. ABSENT: Council Member Raphael E. Ferris-1 . 374 The Mayor declared the existence of a quorum. 0,4 OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy R. Spencer, Acting City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Webelos Troop No. 10 sponsored by First Presbyterian Church. PUBLIC HEARINGS: TAXES-ROANOKE VALLEY SWIMMING, INC.: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 15, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to §58.1-3651, Code of Virginia (1950), as amended, approving the request of Roanoke Valley Swimming, Inc., for designation of its real property, identified as Official Tax Map No. 1380103 and located at 1130 Overland Road, S. W., as exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times --� on Friday, October 5, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending a taxation exemption for Roanoke Valley Swimming, Inc., from real estate, subject to a service charge on the real estate being paid by January 1, 2013. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39523-101512) AN ORDINANCE exempting from real estate property taxation certain property of Roanoke Valley Swimming, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 33.) 375 Vice-Mayor Rosen moved the adoption of Ordinance No. 39523-101512. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39523-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) PURCHASE/SALE OF PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 15, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to convey approximately 17.5 acres of City-owned property, located at 2051 Blue Hills Drive, N. E., which is part of the Roanoke Centre for Industry and Technology, and designated as Roanoke City Official Tax Map No. 7230108; and further proposes to lease an approximately 7.36 acre parcel of City-owned property located at 1970 Blue Hills Drive, N. E., designated as Roanoke City Official Tax Map No. 7230104, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op ("Co-op"), to establish and operate an urban farm to provide locally grown produce, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 5, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a Sales Contract between the City and Roanoke Cooperative Association, Ltd., subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 376 Council Member Trinkle offered the following ordinance: (#39524-101512) AN ORDINANCE authorizing the City Manager to execute the ... necessary documents providing for the conveyance of a parcel of City-owned property, being approximately 17.5 acres, located at 2051 Blue Hills Drive, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7230108, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 34.) Council Member Trinkle moved the adoption of Ordinance No. 39524-101512. The motion was seconded by Council Member Bestpitch. Chris Chittum, Planning Administrator advised that the property for conveyance was referred to as Heritage Point and was a 17.5 acre parcel of land. He further advised that the property for lease was referred to as Heritage Heights and both properties were a good match for agricultural purposes. He referred to a map of the properties pointing out the buildable portion of the property to be leased. Council Member Bestpitch commented that urban agriculture was a great idea and thanked the Co-op for reconsidering the first proposal and moving to a different ^' location within the City. He thanked City staff for their efforts to present an alternative proposal. He noted that he had not heard of any opposition to the new proposal and was pleased with the progress. Bruce Phlegar, General Manager, Roanoke Natural Foods Co-op, echoed the sentiments of Council Member Bestpitch and thanked City staff for their hard work and cooperation on the project so far and thanked the Council for their consideration. The Mayor inquired if there were persons present who wished to speak on the matter. There being, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39524-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) 377 The City Manager also submitted a written report recommending execution of a Lease Agreement between the City and Roanoke Cooperative Association, Ltd., 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: (#39525-101512) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op ("Co-op"), for the lease of approximately 7.36 acres of City-owned property located at 1970 Blue Hills Drive, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7230104; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 35.) Council Member Trinkle moved the adoption of Ordinance No. 39525-101512. The motion was seconded by Council Member Bestpitch. Sean Jordan, Farm Manager, Roanoke Natural Foods Co-op, advised that if approved by the Council, the Co-op would begin tomorrow setting up for the first .., produce that would be available before the Christmas holiday. He further advised that they would host a Tuesday, Thursday and Saturday onsite farmer's market, to serve the 2,000 people that worked in the industrial park which was an underserved segment of the community for fresh produce, scheduled to open around April 20, 2013. There being no questions and/or comments by the Council Members, Ordinance No. 39525-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-ft NAYS: None-0. (Council Member Ferris was absent.) 378 ECONOMIC DEVELOPMENT-ENTERPRISE ZONES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 15, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to make applications to the Virginia Department of Housing and Community Development to amend the Enterprise Zone One A and Enterprise Zone Two boundaries, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 28, 2012, and on Friday October 5, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending modifications to the boundaries of Enterprise Zone One A, its Subzone A, and Enterprise Zone Two and to add a new Subzone B to Zone One A, all subject to approval by the Virginia Department of Housing, Community and Development (VDHCD), with an effective date retroactive to a date approved by the VDHCD; and approval/execution of the abovementioned amendments as may be needed to meet the Program requirements throughout the life of the Zones, the matter was before the body. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39526-101512) A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. (For full text of resolution, see Resolution Book No. 76, page 36.) Vice-Mayor Rosen moved the adoption of Resolution No. 39526-101512. The motion was seconded by Council Member Trinkle. Lindsay Hurt, Assistant to the City Manager, provided a brief overview of the proposed Enterprise Zone changes and reiterated the following important points: • The Enterprise Zone Act of 2005 authorized the General Assembly to give 30 enterprise zones in Virginia. There are 57 zones. • Consolidation of the two zones in the City of Roanoke and Zone Two will expire at the end of 2015. • Allowed 1,926 acres each year and can only delete 15 percent of the acreage w per year. 379 • 240 acres can be deleted from a zone and added to Zone One A. • In total, the amendments will delete 236 acres and add 286 acres resulting in 1,920 acres, 6 acres shy of the maximum. • Will seek approval from the Virginia Department of Housing and Community Development (VDHC) by the end of 2012 and anticipate more amendments in 2013. • The City of Roanoke currently utilizes 1/10 of all the zone use in the State as far as the job creation and real property investment grants. (See copy of document on file in the City Clerk's Office). The Mayor inquired if there were persons present who wished to speak on the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Resolution No. 39526-101512 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) Vice-Mayor Rosen offered the following resolution: (#39527-101512) A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A that will delete certain areas currently within it; that will add a new noncontiguous Subzone B to Enterprise Zone One A; that will add certain areas not currently within them to Enterprise Zone One A, its Subzone A, and its new Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. (For full text of resolution, see Resolution Book No. 76, page 38.) Vice-Mayor Rosen moved the adoption of Resolution No. 39527-101512. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. • - NAYS: None-0. ►- (Council Member Ferris was absent.) 380 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that .w City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. James Cook appeared before the Council and expressed concern with the improper practices and lack of supervision of the Youth Athletic Council by the City Parks and Recreation Department. Council Member Lea encouraged Mr. Cook to speak with Steve Buschor, Director of Parks and Recreation and asked how he felt about the level of skill and ability in connection with how much playing time the child would receive. Mr. Cook responded that at the recreation level it was all about learning the fundamentals of the game and teaching the children the love of the game at 8 — 11 years old. He added that the children were playing because they wanted to be and he was not trying to live vicariously through his son. In response to an additional inquiry from Council Member Lea, he explained that last year he coached a 9 — 10 year old baseball team along with another gentleman and the kids really learned and enjoyed the game. He added that he did not like the politics and power sharing involved in the Youth Athletic Council and if he wanted to start a -� team with like-minded people, he would be unable to do that in the City of Roanoke and that was unfair. .... Council Member Lea encouraged Mr. Cook to volunteer and work with the young people because coaches were always needed and overall it was about teaching and developing children. Council Member Price thanked Mr. Cook for appearing before the Council and voicing his concerns and Vice-Mayor Rosen commented that youth sports previously were church or business sponsored which was very political, and was changed to minimize the impact of politics within each sector. He advised that the email submitted by Mr. Cook from the Coach was out of context and encouraged him to connect with Parks and Recreation and that the City Manager would review the matter again. Mayor Bowers referred Mr. Cook's comments to the City Manager for response. Council Member Lea commented that over the weekend William Fleming High School hosted a gospel concert and the annual Homecoming Dance simultaneously and both events were largely attended. He added that the visiting gospel groups lodged in City hotels and ate in City restaurants and expressed a pleasant experience at both ultimately boosting the City's economy. 381 There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:40 p.m. APPROVED ATTEST: Stephanie M. Moon, M David A. Bowers City Clerk Mayor 382 ROANOKE CITY COUNCIL-REGULAR SESSION November 5, 2012 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, November 5, 2012, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle (arrived late), William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-7. ABSENT: NONE. The Mayor declared the existence of a quorum. .. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. ... Moon, City Clerk. At this point, Council Member Trinkle entered the meeting (9:02 a.m.). The Mayor announced that Mr. Callaghan officially assumed the duties of City Attorney on October 31, 2012. Mayor Bowers asked Council Member Ferris to take a moment to tell about his recent trip to China. Council Member Ferris said that he had traveled with the Roanoke Regional Chamber to China and that it had been a business related trip with no City related expenditures. He reported that he had visited Shanghai and Beijing and was able to get a flavor for what was happening there. He said that he would not have fully appreciated the growth and expansion in China without experiencing it firsthand. He indicated that China was a country of 1.4 billion people and when he questioned a tour guide as to whether China would ever move toward democracy or not, the guide responded that things seemed awfully chaotic in the United States and then questioned its population. 383 Council Member Ferris said he had advised that the population of the United States was approximately 300 million. Council Member Ferris indicated that China was dealing with five times as many people in an area approximately the same size as the United States geographically. He said that Class B cities in China have less than 10 Million people, Class A cities have an excess of 10 Million people, Shanghai has 20 Million people and there are cities larger than Shanghai. Mayor Bowers asked Council Member Ferris about the birthday gift he purchased for himself while he was in China. Council Member Ferris explained that dragons are considered to be very powerful in the Chinese culture and businessmen and politicians have them in their offices even if they were not born under the dragon. He said that he had purchased a dragon and had decided to wear it to the Council Meeting. COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Roanoke Neighborhood Advocates: The Mayor announced his pleasure at having the members of the Roanoke Neighborhood Advocates in attendance, and recognized Braxton Naff, Chairman; and Members Johnny Williams, Scott Tate, Valeria Alphin and Asia Smith; and Bob Clement, Neighborhood Services Coordinator; along with Travis Aiken, Roanoke City Police Crime Prevention Specialist, who also works with the Committee. 384 Braxton Naff stated that the Roanoke Neighborhood Advocates (RNA) had .. provided citizens with multiple educational opportunities including last November's well attended Code Enforcement Workshop, Community Development Block Grant Distribution workshop and Innovative Leadership program where the RNA partnered with the Virginia Cooperative Extension and Neighborhood Services. Mr. Naff advised that 20 new leaders had graduated and 18 others were set to finish the program the following week. He further advised that both classes had a multitalented and a diverse group of individuals and participants learned about characteristics and styles of effective leaders, proper communication, presentation skills, dynamics of working within a group, motivating others and how to set a vision and goal within the community planning process. He invited the Members of Council and City Staff to the Annual Neighborhood Potluck on Wednesday, November 7 at 6:00 p.m., in the Jefferson Center. He stated the prior year's meal was the best turn out ever with 750 citizens attending. He also invited the Members of Council to the Leadership graduation and group presentations on Tuesday, November 13 at 6:00 p.m., in the Council Chamber. He reminded there would be a catered reception following the ceremony. Mr. Naff then introduced Mr. Scott Tate who would tell about the Innovative Leadership Program; Valeria Alphin who would give an update on the revisions of the Business Plan and the RNA's participation in Festival in the Park; and Johnny Williams who would discuss the Neighborhood Development Grant projects. Mr. Tate advised that the RNA had been developing programs that help build the - capacity of neighborhood organizations and he further explained that the RNA was still experimenting with that work and that he thought they could do much better. He said their goal was to work in collaboration with other agencies and organizations and he gave the Roanoke Innovative Leadership program as an example of their partnership with the Virginia Tech Cooperative Extension and Neighborhood Services. He said the program was a leadership development program but that it also helped participants gain awareness and experience of community issues. He pointed out that the participants learn about Roanoke, they do an analysis of the situation in their neighborhoods and the community as a whole and they get to hear from community leaders, they plan a community project, go through the process of project management and they get the chance to network with others who are interested in similar issues in the community. He stated that at the end of the process, participants have a better understanding of leadership foundations and principles and have an opportunity to become even more engaged in the community. He further stated that the program was small and intensive with about 20 to 25 participants. Mr. Tate mentioned one of the significant factors of the program was that it allowed the participants to continue their work by becoming trainers. He pointed out that promoting trainers helped to fulfill the RNA's mission of building the capacity of Roanoke Neighborhood Organizations. He said that the RNA welcomed ideas, feedback and suggestions. q. 385 Valeria Alphin noted that the RNA had worked with the Planning and Engineering Departments to develop a map they used at the Festival in the Park. She explained that the map was used to mark the addresses of City of Roanoke residents and residents were asked if they were engaged in their neighborhood association. If not, they were encouraged to participate. Ms. Alphin remarked that the Members of the RNA were excited to discover that many in attendance were from outside of the City and outside of the State. She further remarked that even though the study was not a scientific experiment, it provided much insight into community involvement. Ms. Alphin called attention to the Roanoke Neighborhood Advocates Strategic Business Plan that had been presented to the Members of Council earlier. She said the Executive Summary of the plan had not been revised since February 2004. Ms. Alphin explained that the Members or the Roanoke Neighborhood Advocates had accomplished much with no budget and they requested that Council consider helping to fund their efforts so that initiatives could be increased. Mr. Williams commented on the FY2012-2013 Neighborhood Development Grant Program recipients, along with funding amounts; and a brief description of projects being undertaken by each. He remarked that the Program was funded from two sources — CDBG funds which were used to fund projects undertaken by organizations representing residents of low-moderate income neighborhoods whereas City funds were used to fund projects in neighborhoods that were not low-moderate income — allowing all City neighborhoods to participate; and together the program allows neighborhood organizations to undertake self-help projects and initiatives to help build their capacity as well as improve their neighborhood's quality of life. (For full text, see copy of Summary of the FY2012-2013 Neighborhood Development Grant Program on file in the City Clerk's Office.) Vice-Mayor Rosen questioned how much funding the Roanoke Neighborhood Advocates would be expecting and what types of programs would be instituted if the City were to provide funding; whereupon, Ms. Alphin explained there were some opportunities the RNA could not participate in because of lack of funding and that seed money provided by the City could be leveraged to improve the viability and expand the programs that were currently in place. Mr. Tate added that the RNA was still in the idea generation phase but one of the things that had been discussed was providing more venues for the neighborhood organizations and residents to air their issues about what they would like to see. He explained that it was not the RNA's intention to replicate the City's planning process but to talk about how neighborhood associations could build their capacity to affect change in their neighborhood. He listed examples such as forums or listening sessions. Mr. Tate said that neighborhood organizations could enhance their capacity if they had more prominent opportunities to air their issues. He noted that the RNA was still exploring options for engagement. 386 Mr. Tate mentioned that there were a great number of people who were not ... aware of their neighborhood association and there was a need for a campaign to let , • people know the importance of neighborhood associations and how they could become involved. He said neighborhood associations do that but their time is limited and as a group the RNA could support neighborhood associations' capacity by utilizing marketing efforts and outreach. Vice-Mayor Rosen suggested the age of participation in neighborhood associations appeared to be skewed and there would come a point where that generation would no longer be attending the meetings. He questioned if there was a program to attract younger folks. Mr. Tate said that through collaboration with the Virginia Cooperative Extension and Virginia Tech that the RNA could look at and adapt a version of the leadership program for adult leaders to use at the teen level. He said the RNA wanted to make sure they were not duplicating programs but maybe add a more local focus. Ms. Alphin suggested that the RNA could develop education programs for incorporating social media and things to tap into the younger audience. Council Member Trinkle thanked the members for the presentation and for all the work they were performing. He said that he thought everyone agreed that neighborhoods are vital to our City and really provide the fabric and the diversity and the culture that makes Roanoke such a great, great spot. He said that funding to increase a /Web diverse attendance, promote neighborhood branding, encourage the use of social media and help develop templates would be money well spent. He questioned the process for vetting grant applications. Mr. Williams said that 6 to 8 people have to go through a stack of applications and there is a process that is utilized. Mr. Williams referenced the Fy2012-2013 Neighborhood Development Grant Program Recipient list that had been distributed to the Members of Council prior to the meeting. Council Member Bestpitch thanked the members for the work that they had been doing. He said that even though the RNA had a plan that started in February 2004, it was his observation that sometimes it seemed like various people were waiting for a task list to be handed to them. Council Member Bestpitch commended the members for taking the initiative to put in action steps that make a lot of sense and that the Members really had done what Council hoped they would do when the RNA was created. Council Member Bestpitch suggested that the Members of the RNA not only get with Mr. Clement from Neighborhood Services but also with somebody from the Department of Management and Budget to see how the Budgeting for Outcomes process works. He said they should determine the needs the City wants to fund and then decide which of those priorities the RNA could address and how much it would cost for them to provide those services. He explained that it would be an offer to provide services to the City through the RNA and it would be included with the other budget offers the City would consider. 1000 387 Council Member Lea thanked the members for their volunteer service to the City; and expressed sentiments that strong neighborhoods make a strong City. He mentioned . , his attendance at the 2012 Neighborhoods USA Conference (NUSA) in Indianapolis, Indiana, on May 23 through 26 and the Virginia Statewide Neighborhood Conference in Charlottesville, Virginia, on September 20 through 21. He inquired if there was an opportunity for those attending similar meetings to share their experiences. Mr. Clement explained that the purpose of the neighborhood pot luck dinner was to allow those people who had attended national, state and local conferences to share their experiences, handout materials and disseminate information they had gathered. He reminded that the neighborhood potluck dinner would be held on Wednesday at the Jefferson Center at 6:00 p.m. (See copy of the letter to City' Annual "Neighborhoods 'Harvesting of the Fruits' Fall Celebration" Potluck Dinner on file in the City Clerk's Office.) Council Member Ferris pointed out that the Roanoke Neighborhood Advocates had received approximately $8,000.00 in funding for the current year; and encouraged collaboration between the staff and RNA to determine what services could be coordinated with others and from a budgeting prospective, create an offer describing the amount of funds that would be needed to provide the services. Council Member Price also thanked the members for their volunteer service. She made reference to the map used at the Festival in the Park and she commented that • she would get with the Members of the RNA at a later time to determine which neighborhoods had the most participation. She mentioned that the Northwest Region of the City needed encouragement for participation, engagement and supporting one another. Mayor Bowers referenced the map of the active neighborhood organizations and asked what the map was indicating. Mr. Naff pointed out that the areas shown in white did not have active neighborhood organizations, and would be examples of where additional funding could be used. He commented that various amounts spent on banners, refreshments and other items had been paid out-of-pocket by members of the committee. Mayor Bowers noted the Wildwood Neighborhood Organization was the oldest civic league in America and had been very successful; and that the Williamson Road Action Forum had also been around a long time and was once one of the largest and most active civic leagues. 388 The Mayor questioned if there was an effort to encourage neighborhood participation. Mr. Naff explained that the Southeast Action Forum was a good model -+ because it consisted of an umbrella organization with several smaller groups, which model could be utilized in other sections of the City to encourage participation. Mayor Bowers inquired about the location of the 2013 State Neighborhood Association Conference; whereupon, Mr. Naff responded that it would be held in Virginia Beach. Council Member Bestpitch mentioned that the most recent National Night Out had been very successful during the summer. He said that one of the ideas that had been kicked around was to see if the neighborhoods would want to find a central location for the National Night Out so they could come together and promote their individual organizations. He stated that it would also provide an opportunity for the associations to interact outside of the pot luck that is held in the fall. He commented that the Potluck was a great event for everybody to get together but another event might work as well. He recommended that the Committee work with Mr. Clement and the Parks and Recreation Department to determine a location for such an event. Transportation Technology: MIN Mark Jamison, Manager of Transportation, shared information about the technology being utilized in the Department of Transportation. Transportation Division • Street Maintenance • Traffic Engineering Street Maintenance • Streets • Storm Drainage • Alleys • Street Sweeping & Downtown Cleaning • Sidewalk Maintenance • Landscape Maintenance • Small Engine Repairs • Right of Way Excavation • Paving Program • Snow Removal WI 389 Traffic Engineering • Traffic Signals • Signs and Pavement Markings • Street Lights • Traffic Studies • Transportation Project Coordination Technology • Improves customer service • Stretches available resources • Maximizes crew efficiency • Enhances employee morale • Asset management • Energy Saving Initiatives • Technology Improvements • Material & Equipment Innovations • Future Enhancements Energy Saving Initiatives • Solar-powered School Flashers • Solar-powered Pedestrian Crossings • LED Traffic Signals & Street Lights • Traffic Signal Coordination • Municipal Building Green Roof • Solar-powered Arrow Boards • Propane-powered Mowers • Infrared Paving Repairs Technology Improvements • CCTV Storm Drain Camera • Video Traffic Detection • Automatic Vehicle Locating (AVL) • Weedseeker Chemical Applicator • Wetblade Chemical Applicator • Speed Trailer(also solar-powered) and Speed Displays • Portable Variable Message Signs Equipment & Material Innovations • Precision saw cutting • Recycled Asphalt Millings • Crack Sealing • Salt Brine • Compost Tea • Aqueous Parts Washer 390 Future Applications • Motion Power— October 2011 demo at Civic Center • Utility Project Coordination • Pavement management— ERoadlnfo • Data collection • Data analysis • Maintenance recommendations • Prioritization • Budgeting • Paving repairs & alternatives to mill and pave • Expand capabilities with salt brine manufacturing & distribution • Asset management system • Expand AVL use to snow removal vehicles • Street light enhancements (For full text, see copy of Technology presentation on file in the City Clerk's Office.) Discussion: Vice-Mayor Rosen questioned why the sensor cameras at intersections looked so cumbersome and obvious. Mr. Jamison explained that the cameras must be PPM unobstructed which usually requires them to be mounted above the traffic signals. Mr. Jamison explained that the street sweepers were equipped with a device that records the time and position of the units. He further explained that the information is downloaded when the sweeper returns from the route and the data is then used to ensure that all streets are routinely swept with a goal of sweeping all neighborhood streets four times per year. Additionally, Mr. Jamison commented that the Department of Transportation was able to respond to citizen inquiries with adequate data regarding the date and time their street had been serviced. Council Member Bestpitch inquired as to why signs are not posted in advance of a street being swept so that citizens could park on one side of the street or the other. Mr. Jamison expressed concern that putting up signs prior to sweeping streets would be a monumental task and the resources were simply not available. Vice-Mayor Rosen questioned if the portable equipment used to display vehicle speed recorded the information. Mr. Jamison explained that the unit the City of Roanoke utilizes did not but there were models available that would record such data. Mr. Jamison explained that the City did utilize traffic counters that measure the volume and speed of traffic. 391 Council Member Price questioned how many portable message signs were utilized in the City of Roanoke; whereupon, Mr. Jamison advised that the City of Roanoke owned two such units and they were typically put in place when large crowds were expected at the Civic Center. Vice-Mayor Rosen asked how much an entity would be charged for making a single cut in the pavement for the purpose of building a house. Mr. Jamison responded that even a small cut in the pavement required a crew and equipment to make the repair. He further responded that he did not have the details for the cost per square foot or square yard. Vice-Mayor Rosen advised that he would be interested in knowing the cost of such repairs. Council Member Bestpitch questioned what technology was being used to minimize light pollution in the downtown area. Mr. Jamison indicated that as lights are replaced, they are fitted with fixtures that direct light onto the targeted area and not widely disperse it. Council Member Lea questioned the priority for determining which neighborhoods received more lights. Mr. Jamison indicated that an evaluation form was used to determine where to place lights and they were typically placed every 300 feet. He further indicated that there were instances, such as when the Department of Transportation was working with the Police Department on a crime issue, in which lights were placed more closely. Council Member Trinkle inquired if consideration for light pollution was considered when replacing fixtures in the parking garages. Mr. Jamison replied that it was a difficult balance to provide enough lighting for safety and security and still avoid light pollution. He indicated that opportunities to use LED lights were actively being pursued in order to reduce power consumption. Mr. Jamison acknowledged Dwayne Dardenne, Maintenance Superintendent and Hong Liu, City Traffic Engineer, who were responsible for finding and implementing the transportation related technology. The City Manager emphasized the importance of sharing presentations about the things being done in the field to increase the return on investment for the City and the taxpayers. He thanked the Mayor and Members of Council for supporting new approaches to reduce costs over time even when there was a greater cost upfront. He commended everyone that had collaborated to find innovative solutions and he pointed out that Roanoke had been recognized as a national model for some of its initiatives. Council Member Bestpitch questioned if the efforts to coordinate downtown traffic signals included the Elm Avenue bottleneck. Mr. Jamison answered in the affirmative. He commented that there were 45 signals in the downtown system which extends to the Elm Avenue Bottleneck. He further commented that the project would start in the spring or summer of 2013 but he cautioned that most of the issues on Elm Avenue were related to the capacity of the bridge and were not signal timing issues. 392 At 10:28 a. m., the Mayor declared the meeting in recess for a Legislative • •• Committee meeting. At 11:15 a.m., the Council meeting reconvened with Mayor Bowers presiding, and all Members of Council present for the remaining briefings as set forth below: Evans Spring Draft Plan Overview: Mayor Bowers recognized Brian Townsend, Assistant City Manager for Community Development, who commented that the briefing was regarding the status, outcome and next step of the Evans Spring Draft Plan to the Comprehensive Plan. He reminded that over the last number of months a series of community meetings with the stakeholders in the Evans Spring area along 581 just across the interstate from Valley View Mall had been held. Mr. Townsend introduced Frederick Gusler, Senior City Planner, who presented the following: Alternative C-1 f -��� 1i A s' � , { rc i • €.: ]� 1 £ A f:-. ; '.yi Y. 1! V , G E4. Impact of Valley View Interchange • Begins 2013. Completion in 2015 creates access. • Owners are interested in developing this land. Om• • Adjacent to Valley View mall and neighborhoods • Most of the land is not included in any previous plans. r 393 ♦ 0 , ' ' 1 '� '^� Valley V�¢w Mall I'�p�gq� 9 e. l i A 1u Qt ���� • i i 3 /r Evans Spring k ,. Planning Area .i r 7_ - Evans Spring f{ ".`i•'^,qs r Planning Area f )-.31 Planning Process Overview: 1. Public Meetings, Focus Groups & Executive Committee — Summer 2011 - Spring 2012 2. Develop Draft Plan 3. Draft Review Meetings —October 2012 • 2 Meetings - over 50 in attendance • Overall understanding & concurrence appears much greater Guiding Principles for this Plan • Consistency with Vision 2001-2020 and its component plans, e.g.: — Neighborhood Plans, — Street Design Guidelines — Roanoke Valley Conceptual Greenway Plan, etc. • Compatibility with the context of existing neighborhoods • Public input • Environmental Conditions • Economic impact 394 omit Design Principles • Mixed-Use development (commercial and residential) that blends with the —.. community • Interconnectivity of Streets • Preservation of Lick Run and Fairland Lake Future Land Use/Street Network #1 ,4 #.9. ,a ': `i41 - Q My ...YJ. . .1 4 g _ " 1 •4.4�• .-r . ' /■ wy amet AO . 1 T . � .rMOY -'MM W. # .rte P oromo will 395 Future Land Use/Street Network#2 n. I'+ y .Q t‘' egfi ..1�.,.� 4+ Jpi* rr Oat, A -laws f Premed non US Use P . °yam _ + rit, 3 • Next Steps 1. Planning Commission Public Hearing — December 20, 2012 2. City Council Public Hearing — January 22, 2013 (See copy of Draft Plan on file in the City Clerk's Office.) Mr. Gusler explained that the Evans Spring Project was related to the Valley View Mall interchange that would be completed in 2015 to allow access to Valley View Boulevard from all directions. He further explained that a street network would connect to the interchange and would provide access to the real estate referred to as Evans Spring. He commented that the owners of the Evans Spring property were interested in developing the land but given its location, some of the property had not been included in the neighborhood plan. He pointed out that the project included two noncontiguous properties. 396 He said the process had begun during the prior summer with three large, well- attended public meetings and several smaller focus groups as well as individual .. neighborhood organizations, economic development professionals and realtor meetings. Mr. Gusler indicated that an executive committee comprised of the leaders of the adjoining neighborhood groups, City staff, one member of the City Planning Commission and the Evans Spring property owners themselves had been created because staff had come to the realization there had been a lot of miscommunication and misunderstanding about the project. He advised that there were five meetings of the executive committee and they had drafted the plan that was before Council. He pointed out that the plan had been available online since September 28 and two public meetings had been held with more than 50 people attending. Mr. Gusler explained that the guiding principles for the plan were based on the Comprehensive Plan Vision 2001-2020, several adjoining neighborhood plans, the City's street guidelines and the greenway plan. He further explained that the context of the area and the existing development pattern, public input, the environmental conditions and the economic impact had also been considered. He mentioned that much of the property being considered was in the flood plain. Mr. Gusler said that there was approximately 130 acres of vacant land that he hoped would be used for mixed commercial and residential development that contained interconnectivity of streets while preserving Lick Run. Mr. Gusler noted concerns for developing property in such close proximity to the creek due to storm water regulations. Mr. Gusler stated that two land use maps had been developed showing different street networks and he indicated the reddish orange color denoted commercial and residential mixed use development while the yellow was residential and the green was preservation. He noted that the areas were broad and fuzzy because no subdivisions had been determined and the plan would remain very broad at that point. He further noted that City staff had worked with the neighborhood groups to make compromises in the development of the plan. Council Member Trinkle inquired if the property owners were onboard with the plan; whereupon, Mr. Gusler answered in the affirmative. He added that the owners were part of the planning process through the executive committee and staff felt like a consensus had been reached. In regards to the two street maps, Mr. Gusler indicated that the interconnectivity of streets was stressed from the very beginning of the project. He advised that the main goal was for the disbursal of traffic so that one or two streets did not become heavily used. He further advised that one of the main connectors would be Andrews Road but that both of the maps showed connections to every existing street. a 397 . He indicated that VDOT required the interchange to be at least 900 feet long if it were straight but that it would have to be at least 1600 feet long if it connected to the end and contained turns. Mr. Gusler emphasized that both plans were highly conceptual. He indicated that the next step would be to have a Planning Commission Public Hearing on the plan in December and then staff would present the plan to City Council in January. Vice-Mayor Rosen congratulated staff on a great job and commented that the project was a model for a great planning process. Mr. Gusler said that the plan even contained a section on the development process and staff had attempted to spell out the steps for the public. Council Member Price said that she appreciated that staff had created an executive committee early on in response to the neighborhoods need for information and to provide a venue for input. Mayor Bowers questioned if the plan called for an additional bridge that would cross interstate 581. Mr. Gusler responded in the affirmative. Mr. Townsend commented that it would be important to allow traffic to traverse Interstate 581 between Valley View and Evans Spring without going through the interchange. The City Manager said that it was important to show the bridge early and identify funding later in the project. Mayor Bowers asked if the bridge would factor into the red lines displayed on the street network maps. Mr. Townsend answered that both concepts were an attempt to • . disburse traffic as quickly as possible after crossing the interstate. Mayor Bowers said that he had gathered that funding had not yet been located for the access road but that there continued to be conversations with VDOT to locate a source. He inquired about the status of such funding. Mr. Townsend responded that staff continued to pursue funding sources but it could be from a developer. He further responded that until the plan demonstrating that the City is working toward a goal has been adopted by Council, it would be hard to go out and identify funding. Mayor Bowers inquired as to how the decision would be made regarding whether the 900 or 1600 foot version of the access road would be used and if it would be a VDOT decision. Mr. Townsend replied that the developer would play a major role in determining the version of the access road that would be used. He further replied that planners put a lot of lines on a map but it would be important to have the developer sifting around the table when specific decisions regarding direct access were being made. He stated that most developers have a very keen interest as to the tolerance for people driving to a shopping center. He said that once the owners of the properties find a development entity, staff would be able to answer those questions more specifically but at the moment, the purpose was to cover the possible outcomes of future development that may take 10 to 15 years to develop. 398 Mayor Bowers stated that there would potentially be construction along Interstate 581from Hershberger to Wonju beginning in the following year. Mr. Townsend advised .. that, in terms of design, the main line should not be impacted severely. He further advised that sound walls would be installed as part of the project. Mayor Bowers said that he was concerned that he would hate to see the project get stuck while someone was trying to locate a funding source for the access road and determine if it was up to VDOT or the developer. He indicated that he did not want to wait 35 more years for the decision to be made because development couldn't take place before access was available. The City Manager indicated that the concept plan should include both roads and as the interchange became a reality, it would be incumbent upon the property owners to find a development team that would determine the proper commercial mix and that decision would drive the decision on the type of development. He further indicated that the primary use would likely be commercial construction along Interstate 581 and the major tenants would help determine the best solution. Mayor Bowers stated that City's involvement would be with developing the plan and then zoning the property after a consensus had been reached. The City Manager agreed. Mr. Townsend commented that the City would have to make land use decisions but at some point, the City would also have a role in the development. He further ^ commented that there would likely be a performance agreement but until all of the players were identified and their interests were known, it would be hard to determine the City's involvement. Mr. Townsend said that the members of the executive team was a great start but some of the chairs around the table would likely change and the City would probably be asked to play roles. He emphasized the Mr. Gusler had already indicated that the project was a little different from most developments in the City because the entire infrastructure including the street, water and sewer systems had to be built. Mayor Bowers stated that access from one parcel to the other would be through a residential neighborhood and questioned if there would be access to Hershberger Road. Mr. Gusler replied that there would not be access to Hershberger Road directly from the Evans Spring Planning Area. Mr. Townsend explained that there had been prior interest by a group looking to develop the Ramsey property adjacent to Hershberger Road and the ramp onto Interstate 581 but they could not get the access to make that deal work. He said the owners of the properties had an agreement to work together in some fashion and they had approached the property owners on Brooklyn. Mr. Townsend said that through the Evans Spring Planning Process, the owners had been informed that neither the City of Roanoke nor VDOT was going to purchase their properties. He added that there was no real way to grant direct access to the property from Hershberger Road because of the proximity to the 581 ramp. 399 Mayor Bowers inquired as to why access could not be granted at the intersection at the light. Mr. Townsend explained that VDOT's desire was to have a multidirectional connection as far away from the interchange as possible. He further explained that the light signal at Ordway by Channel 7 was a very strange intersection. He said the intersection at Ferncliff was the preferred connection for traffic and it would also be considered as a connection for the Lick Run Greenway to transverse into Countryside. Mayor Bowers thanked staff for hearing his concerns and commended them for continuing to make certain there is green space in the development along Lick Run. Council Member Trinkle questioned if the two parcels were owned by different parties. Mr. Gusler confirmed that there were two different owners. Council Member Trinkle inquired if the two owners had been involved in the process and if they were working together. Mr. Gusler confirmed that both parties had been actively involved and were indeed working together. FY12 Financial Report (Unaudited) City of Roanoke: The Director of Finance provided commentary on the City's financial results for the twelve months ended June 30, 2012, as follows: Local Taxes Increased 2 Years in a Row Key Themes of Fiscal 2012 o Strong local tax performance ' e o Disci Alined expenditure .n n.m management o Increased financial support of ( _ _ Roanoke City Public Schools o Additional funding of reserves _ o Roanoke Pension Plan remains well funded despite weak stock market performance ' ^_ ••_ °" ^°' 2 400 I Modest Sales Tax Growth Again in FY12 ". OA Real Estate Tax Revenues Stable in FY12 Despite Loss of Franklin Road W almart w 4.1% 5.i i'• i I Personal Property���Tax Growth Stron,a■ in FY12 ,o.,..:Meals^Taxx nF„.N M.. i ntI F.O".�.,.-,...�..as 5 9 astest Growing Local Tax 0.1 cani 37% i. MN ..�. .. ..._ ...,. M_... .... .._ .._ ..a .._, v.. r Modest Business License Tax Growth Lodging Tax Increased a Second Year in a Row i.+w w 77% 0.0% ,�.. { I I ■ �. i II _ II 1 1 ■ ■11 1 401 Decreasin Funding Total General Fund Revenues Relatively Flat 9 g Local Tax Increases Offset by from the Commonwealth Commonwealth Declines in FY12 np 5.0t4 05% 3rf r t .t L A na i • • . -AI a i......„ Disciplined Expenditure Management $28M in Cumulative Budget Reductions FY 2007 — FY 2013 O Health and welfare expenditures 30 contained; CSA costs reduced 25 p}} Zp FY13 Reductions o Fuel, Residential Juvenile Detention Is 1 ' ! m2 Reductions and Solid Waste Tipping Fees below 10 ' 11 1 FY11 Reductions budget 5 •FY1O Reductions o Careful management of contingency o •FY08 Redualons 9 9 Y .11,07 Reductions funding a$" am` em¢ aa& am¢ aR' •FVm Redumnns o Strong expenditure control enabled tae�oe�f'e f`'�,,. ,,5 0.additional funding of reserves and capital so.„,..department et Management and Budget City Funding of Schools has Ups and Downs Increased Every Year in State Funding of Schools Is Iss , 111II 1� Po, .,� ._� nr..d,:e, III , l re 2005 FY2006 FS 2007 FY2COS FY2009 FT 2010 FY 2011 FY 2012 (Unaudited, Source.SchooiuRRFY100v-FY 2011 anewnaumeee FY 2012nnaneaizeatement, e..-..s.nm ammF■2005 n2oI ..dov.dicodr..0.2F. iVal..ent. or 402 Ill Total School General Fund Revenues Relatively Flat Schools Build Reserve ....s nu t @5 3111111 R E . : .. 1 r,«e ,� nlem n,et a to ■ . 1 _. e., • II :...,t(33. Notes To enhance Fr 2011 has been . •o e45 debt new gneed by sun.nin nNe to pmnee Encbdesdeficitena mbren snonsen a e bele noes . is memr. .n nn other . Souse' School„FR Fe 2007-Fe 2011 and Unaudited FY 2012 financial Statements City Undesignated General Fund Balance Economic& Community Development has Met Policy Target of 10% Y p ent , Reserve Remains Well Above Floor i..� • � • i. I U • I ■ ■ ■ . • I ■ „ rte._ rat mom nmu ry. ;at Funded by proceeds m sale of property and interest mm me on tee mere eeiena "Balance of 13.47 million at lune 30,2012 Floor Statements is 12 Volatile Investment Performance Pension Plan Trust Funded Status of Pension Plan Trust Above 80% in All Years e to% — 47° I _ _ - . 7,. ^.© ex . ..1 a im ■ Fan `` - im ' - _ - L i 1 e •• .... �... ..ae.by.. ae.,. ....._. m.nt.m. r,..,an.r..e...n...r....r......., ,Wrte .,e...Censultanband neries,Annual PensionActuarlalValustlem 21 403 Pension Plan Contribution Rates Have Gradually Increased General Fund Revenues •• tn. Lon oat ■ .' :.. � HL. • , . S ■ _ Source.Sillihnan consultants end ease desannual nneloo.au,n,ro,u.rons , __ .... „ ,. General Fund Local Tax Revenues General Fund Expenditures i. .e (See full copy of the Fiscal Year 2012 Unaudited Financial Report on file in the City Clerk's Office.) Discussion: Council Member Lea questioned who had paid the most sales tax in the City of Roanoke; whereupon, Ms. Shawver believed the top contributor was Sam's Club. In regard to the decreased funding from the Commonwealth of Virginia, Mayor Bowers commented that there appeared to be an average loss of funding of approximately $7 Million per year since 2008 which would be about $28 Million in the past four years. Council Member Trinkle questioned if the 2013 budget would be approximately the same as the FY2007 budget. Ms. Shawver advised that the FY2013 budget would be somewhere between the FY2007 budget and the FY2008 level. 404 Mayor Bowers questioned if reductions for the current fiscal year were -. approximately $25 to $28 Million as compared to five or six years prior; whereupon, the Director of Finance responded in the affirmative. He then questioned if the cumulative -. amount would be $100 Million; and again, Ms. Shawver responded in the affirmative. Mayor Bowers said to the Council's credit, the difficult cuts had been made, wherein many areas had been affected. Council Member Ferris said that essentially Roanoke was being run like a business and that the cuts were not unique to Roanoke, and commended staff on their assistance with regard to the cuts. Council Member Price asked for a comparison in the amount lost in state funding versus the amount of cuts the City had absorbed. Ms. Shawver said that there had been nearly an $8 Million decline in State revenue; however, it was very difficult to tie the losses directly to expenditure declines. Council Member Bestpitch asked what the acronym OPEB meant; whereupon, Ms. Shawver explained that OPEB was a reference to the funding of retiree medical costs and it stood for other post-employment benefits. Council Member Ferris pointed out that the Undesignated Reserve in 2010 was approximately $2 Million and had grown to approximately $25 Million. Ms. Shawver .. indicated that the fund was actually closer to $26 Million. Council Member Ferris then questioned if the Eat for Education Campaign had produced approximately $9.5 Million "' of said amount.; whereupon, Curt Baker, Deputy Superintendent of Operations for Roanoke City Schools, commented that once the audited numbers were available, Council Members should meet with their School Board Buddies for structured conversations in order that questions could be answered and material could be made available. Council Member Ferris questioned if there were any expenses that had not yet been recognized but were pending. Mr. Baker answered that the reserve represented all of the funds that had not been expended. Council Member Ferris inquired if the FY2012 VRS payment had been made. Mr. Baker responded that the VRS adjustments had been incorporated in the final financial results. Council Member Ferris then asked if there would be FY2013 VRS obligations; whereupon, Mr. Baker responded that VRS obligations were calculated each year. Council Member Ferris continued with his questions, asking if the School Reserve Fund would be accumulating funds faster than being spent. Mr. Baker advised that the School would be in a deficit of over $6 Million in FY2013. Council Member Ferris commented that it did not seem complicated that if $9.5 Million was received and a total of $25 Million was accumulated then almost $15 Million extra was produced. Council Member Ferris explained that he was not criticizing the management of the funds, he was only trying to figure out what would be needed going forward. " 405 Vice-Mayor Rosen stated that the Commonwealth funding grew about 4.5 percent and had created a $1.3 Million surplus; and asked what factors had contributed to coming in that much over budget. Mr. Baker replied that the increase in State funding was due to the Average Daily Membership (ADM). Vice-Mayor Rosen inquired about the $1.9 Million State Stabilization Funding that was received but had not been budgeted. Mr. Baker explained that the funds were distributed from the Federal Government and had not been anticipated but had to be spent. Vice-Mayor Rosen questioned what had contributed to the $1.7 Million in other revenue that had also not been budgeted. Mr. Baker indicated that the amounts in other revenue were reimbursement items and had a corresponding expenditure side that caused a net effect. He gave an example of reimbursements that were received from a special education regional partnership. Additionally, Vice-Mayor Rosen asked why the instruction category appeared to be down by $4.8 Million and if the amount was related to vacant teaching positions. Mr. Baker reported that the nature of the accounting caused the grant funding to be outside of the General Fund. Vice-Mayor Rosen inquired about the overage for transportation expenditures and whether the School system was able to lock in fuel prices. Mr. Baker replied that the School system was able to lock in fuel prices for the school year. Vice-Mayor Rosen wondered how operations and facilities came in at approximately $1.5 Million dollars under appropriation. Mr. Baker explained that the Schools had worked hard to be efficient in their spending, and that the appropriation was a mix between capital and operation expenses, adding that emergency maintenance was a driving factor. Vice-Mayor Rosen commended the Roanoke City School System for being able to manage the overall financials, maintain a good cash position and provide a quality education. Mr. Baker emphasized that the next several years would be difficult and the Schools would be drawing down the Fund Balance. Vice-Mayor Rosen pointed out that typically the Schools and the City were able to come in under budget, and he hoped that the $25 Million would not be drawn down as rapidly as may be anticipated. For clarification purposes, the Director of Finance asked about references to FY2013 being $6 Million under budget, wherein the Council adopted amount was approximately $4.5 Million; whereupon Mr. Baker indicated that he would have to verify the amount. Council Member Lea mentioned citizen comments regarding the use of old textbooks and he questioned how often the school system purchased new textbooks. 406 Mr. Baker advised that textbooks were purchased according to an adoption .. calendar, adding that there had been changes in the math standards which had caused a deviation for math textbooks. He encouraged any issues pertaining to textbooks be discussed with the Superintendent or the Assistant Superintendent for Teaching and Learning. Council Member Trinkle inquired if the State had discussed ways of funding schools that was not ADM related. Mr. Baker had not heard anything related to a change in State funding calculations. Mayor Bowers questioned if the Schools would be drawing down their cash reserve fund balance during the following year. Mr. Baker remarked that the next several years would be difficult because of the loss of several revenue sources and the school system would be in a deficit position and would be drawing down the fund balance. Mayor Bowers asked that information be provided at the joint meeting with the School Board and area legislators to detail steps that were being taken to ensure that William Fleming High School would be accredited. Council Member Ferris asked if the Capital Reserve was for cash payment of capital improvements or repairs and if the Reserve was separate from Debt Service; ^� whereupon, Ms. Shawver responded that no component of the current reserves related to capital improvements as in the past. ..� Council Member Bestpitch stated that the rate of return for investments was at a 7.75 percent assumption and he asked that the yearly averages for the past several years be provided. Ms. Shawver said that she would be glad to share the averages from the past several years. She commented that after the conclusion of FY2011 an experience study had been done on the asset allocation and the mix continued to show that it was appropriate to assume a 7.75 percent return. She said that she would review the numbers and bring the information before Council. At this point, Mayor Bowers relinquished the Chair to the Vice-Mayor and left the meeting (12:37 p.m.). Council Member Ferris questioned if the 7.75 percent was a combined return of the entire plan; whereupon, Ms. Shawver indicated that it was. Council Member Ferris stated that there were stocks producing four percent of the income and that the capital improvements would only have to produce another 3 percent to hit the goal. Ms. Shawver was in agreement and noted that in recent years more of the pension trust funds had been invested in merging and international markets. She said that staff was doing the things that needed to be done to realize the 7.75 percent return. She also noted that there were no returns whatsoever on the Treasury funds that constituted a small portion of the pension plan. •+ 407 Council Member Ferris commented that a 7.75 percent return was great but that he was not real optimistic that the City would be able to maintain such a return. He further commented that conservative changes had been made to the retirement plan and he hoped they would be enough because they were modest and only affected new hires. He added that the City was not seeing the growth that it needed. Ms. Shawver stated that a five year review had been built into the changes to the pension plan. She acknowledged that there was much uncertainty about the economy and global markets and the pension plan may have to be revisited again. The City Manager commented there was hope for stability but he was hearing there would probably not be a new normal rather an ongoing not normal. He affirmed that the City's financial policies had been built on a firm foundation. Council Member Lea thanked the Director of Finance and the City Manager for working together. He also mentioned that City staff had been asked to make presentations to other localities and they had drawn reviews nationally. He said the reviews spoke well of what City staff was doing and the vision they have for Roanoke. At 12:55 p.m., Vice-Mayor Rosen declared the meeting in recess for a Closed Meeting to be held in the Council's Conference Room, Room 451. Mayor Bowers advised during the closed meeting he was not feeling well and would not be present during the remaining portion of the meeting. At 1:54 p.m., the Council meeting was reconvened in the Council Chamber, Vice- Mayor Rosen presiding and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Members Ferris and Lea. COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestpitch 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 Price, Trinkle, Bestpitch and Vice-Mayor Rosen-4. NAYS: None-O. (Mayor Bowers and Council Members Ferris and Lea were not present when vote was recorded). 408 Plea OATHS OF OFFICE-TOWING ADVISORY BOARD: Vice-Mayor Rosen called attention to the expiration of the three-year term of office of Harold F. Wallick (law ,. enforcement) as a member of the Towing Advisory Board on October 31, 2015; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Trista Wallace. At this point, Council Members Lea and Ferris entered the meeting (1:57 p.m.) There being no further nominations, Ms. Wallace was appointed as a member (law enforcement) of the Towing Advisory Board for a three-year term of office, ending October 31, 2015, by the following vote: FOR MS. WALLACE: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. (Mayor Bowers was absent.) OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS: Vice-Mayor Rosen called attention to an upcoming vacancy on the Blue Ridge Behavioral Healthcare Board of Directors created by the expiration of the three- year term of office of the Honorable Brenda Hamilton as a City Representative ending "•• December 31, 2012; whereupon, he opened the floor for nominations. r Council Member Bestpitch placed in nomination the name of Nancy Page. There being no further nominations, Ms. Page was appointed to replace the Honorable Brenda Hamilton as a City Representative of the Blue Ridge Behavioral Board of Directors commencing January 1, 2013 and ending December 31, 2015. FOR MS. PAGE: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. (Mayor Bowers was absent.) OATHS OF OFFICE-FAIR HOUSING BOARD: Vice-Mayor Rosen called attention to a vacancy on the Fair Housing Board created by the resignation of Deidra Williams for a term ending March 31, 2015, whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Dennis Light. 409 There being no further nominations, Mr. Light was appointed as a member of the Fair Housing Board to fill the unexpired term of Deidra Williams ending March 31, 2015, by the following vote: FOR MR. LIGHT: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. (Mayor Bowers was absent.) OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: Vice-Mayor Rosen called attention to the upcoming expiration of the four-year term of office of Lajuan Thomas as a member of the Human Services Advisory Board ending November 30, 2012; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of LaJuan Thomas. There being no further nominations, Ms. Thomas was reappointed as a member of the Human Services Advisory Board for a four-year term of office ending November 30, 2016, by the following vote: FOR MS. THOMAS: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and ' . Vice-Mayor Rosen-6. (Mayor Bowers was absent.) Council Member Bestpitch moved that the City residency requirement for Ms. Thomas be waived in this instance. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) At 1:59 p.m., Vice-Mayor Rosen declared the Council meeting in recess until 2:00 p.m. 410 At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Vice- Mayor Rosen presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, David B. Trinkle William D. Bestpitch, Raphael E. Ferris, and Vice-Mayor Court G. Rosen-6. ABSENT: Mayor David A. Bowers-1. Vice-Mayor Rosen declared the existence of a quorum. The Invocation was delivered by The Reverend Jeffrey Dean Wilson, Pastor, Huntington Court United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Rosen. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATION: Vice-Mayor Rosen declared Sunday, November 11, 2012, as Veterans Day and he asked Council Member Bestpitch to read the Proclamation in its entirety. Following the reading of the Proclamation, Council Member Bestpitch recognized those veterans in attendance and he reminded that the Veterans Day Parade would be held downtown on Saturday, November 10 at 11:00 a.m. He further reminded that there would be an opportunity for citizens to meet with veterans at the ..• City Market Building at 9:30 a.m. the same day. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39539-110512) A RESOLUTION recognizing the outstanding services rendered to the City by Timothy Ross Spencer as Acting City Attorney. (For full text of resolution, see Resolution Book No. 76, page 51.) Council Member Price moved the adoption of Resolution No. 39539-110512. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) • 411 Council Member Price presented a ceremonial copy of Resolution No. 39539- , 110512 to Mr. Spencer. Council Members shared positive comments to Mr. Spencer for his willingness to serve in the capacity as the Acting City Attorney. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Larry Black appeared before the Council and commented on the vendor stalls in Market Square. He urged the Council to think about what was best for the vendors and the City Market. CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda are 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 were desired, the item would be removed from the consent Agenda and considered separately. He called attention to three requests for public hearing from the City Manager. ` MINUTES: Minutes of the regular meetings of Council held on Tuesday, September 4, 2012; Monday, September 17, 2012 and recessed until Friday, September 28, 2012; Monday, October 1, 2012; and Monday, October 15, 2012, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) 412 TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposal from the City of Roanoke to increase the Transient Occupancy Tax by one percent to allow the revenue derived from the increase to be directed to the Roanoke Convention and Visitors Bureau for enhanced marketing activities, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) OATHS OF OFFICE VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY CITY ATTORNEY OF THE CITY OF ROANOKE HUMAN SERVICES ADVISORY mai BOARD ROANOKE CIVIC CENTER COMMISSION ROANOKE VALLEY CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS ARCHITECTURAL REVIEW BOARD ROANOKE PUBLIC LIBRARY BUILDING AND FIRE CODE BOARD OF APPEALS ROANOKE VALLEY GREENWAY COMMISSION: Reports of qualification of the following individuals were before the Council: The Honorable Anita J. Price as an City representative (alternate) of the Virginia's First Regional Industrial Facility for a four-year term of office ending June 30, 2016; Daniel J. Callaghan as City Attorney of the City of Roanoke for a term ending September 30, 2014; Robin Haldiman and James Weber as members of the Human Services Advisory Board for four-year terms of office, each, ending November 30, 2016; 413 Linwood "Woody" Deans and Stephen Willis as members of the Roanoke Civic Center Commission for three-year terms of office, each, ending September 30, 2015; Barton J. Wilner and Ssunny Shah as City representatives of the Roanoke Valley Convention and Visitors Bureau Board of Directors for one-year terms of office, each, ending June 30, 2013; Mary V. H. Dykstra as a member of the Architectural Review Board for a four-year term of office ending October 1, 2016; Jeanne Bollendorf as a member of the Roanoke Public Library Board for a three-year term of office ending June 30, 2015; Kirk Bates as a member of the Building and Fire Code Board of Appeals for a one-year term of office ending June 30, 2013; and Mark S. Lucas as a City representative of the Roanoke Valley Greenway Commission for a three-year term of office ending June 30, 2015. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) Vice-Mayor Rosen asked the City Manager to explain Item C.2., regarding increasing the Transient Occupancy Tax by one percent. The City Manager explained that approximately one year prior, the Convention and Visitors Bureau examined Roanoke's ability to attract visitors and conventions compared to some of the competitors like Asheville and Savannah. He said the Bureau realized that Roanoke's budget for tourism was approximately 1.4 Million dollars while Asheville and Savannah were spending more than $7 Million dollars and $6 Million dollars, respectively. He advised that the Convention and Visitors Bureau had been strategic about having Roanoke featured in various magazines but the Bureau really needed a boost from the Transient Occupancy Tax. He said that the City of Roanoke had worked with Roanoke County and the City of Salem to have specific legislation approved to allow for the 414 increase in the tax. He advised that Roanoke County had increased their tax from five to ...11 seven percent and the City of Salem had increased their tax from seven to eight percent. He further advised that the City of Roanoke would like to dedicate the .. proposed one percent increase to marketing and that staff had worked with the Convention and Visitors Bureau to make sure they had clear goals and measures towards marketing Roanoke. The City Manager reported the increase in the tax would almost double the Convention and Visitors Bureau's budget. He emphasized that the regional effort had demonstrated the desire to promote the Roanoke Valley as a whole. Vice-Mayor Rosen pointed out that the City's lobbyist had helped facilitate the legislative change and he agreed that the effort had been great to promote regionalism. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CITY SHERIFF-GRANT-BUDGET: The Honorable Octavia Johnson, City Sheriff, submitted a written communication recommending acceptance and appropriation of funds in connection with the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant; 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 Lea offered the following resolution: (#39528-110512) A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 41.) Council Member Lea moved the adoption of Resolution No. 39528-110512. The motion was seconded by Council Members Price and Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-O. (Mayor Bowers was absent.) Pale 415 Council Member Lea offered the following budget ordinance: (#39529-110512) AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCARP), amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 42.) Council Member Lea moved the adoption of Budget Ordinance No. 39529- 110512. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-GRANT-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Blue Ridge Regional DUI Taskforce Grant from the Virginia Department of Motor Vehicles for DUI enforcement operations. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39530-110512) A RESOLUTION accepting the Blue Ridge Regional DUI Taskforce Grant from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 42.) 416 Council Member Bestpitch moved the adoption of Resolution No. 39530-110512. ..� The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) Council Member Bestpitch offered the following budget ordinance: (#39531-110512) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles (DMV) for a regional Driving Under the Influence (DUI) safety grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 43.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39531- 110512. The motion was seconded by Council Member Lea and adopted by the Mai following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) HOMELAND SECURITY-GRANT-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the FY 2012 State Homeland Security Program Grant from Virginia Department of Emergency Management to purchase equipment for use by the Police Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39532-110512) A RESOLUTION accepting the FY 2012 State Homeland Security Program Grant from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City .� (For full text of resolution, see Resolution Book No. 76, page 44.) ,y 417 Council Member Ferris moved the adoption of Resolution No. 39532-110512. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Ferris offered the following budget ordinance: (#39533-110512) AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 45.) Council Member Ferris moved the adoption of Budget Ordinance No. 39533- 110512. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) BUDGET-EQUIPMENT-GRANT-CITY SHERIFF-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the FY 2013 Bulletproof Vest Partnership Grant from the U. S. Department of Justice to purchase equipment for use by the Police and Sheriffs Departments. (For full text, see communication on file in the City Clerk's Office.) 418 Council Member Lea offered the following resolution: (#39534-110512) A RESOLUTION authorizing acceptance of the FY 2013 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 46.) Council Member Lea moved the adoption of Resolution No. 39534-110512. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) Council Member Lea offered the following budget ordinance: (#39535-110512) AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2012-2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 47.) Council Member Lea moved the adoption of Budget Ordinance No. 39535- 110512. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) DONATIONS-FIRE-EMS-EQUIPMENT: The City Manager submitted a written communication recommending acceptance of a donation of equipment from the Firehouse Subs Public Safety Foundation for use by the Fire-EMS Department. POO (For full text, see communication on file in the City Clerk's Office.) J 419 Council Member Price offered the following resolution: (#39536-110512) A RESOLUTION authorizing acceptance of a donation from the Firehouse Subs Public Safety Foundation to the Roanoke Fire-EMS Department for two thermal imaging cameras, and authorizing execution of any and all necessary documents to accept the donation. (For full text of resolution, see Resolution Book No. 76, page 48.) Council Member Price moved the adoption of Resolution No. 39536-110512. The motion was seconded by Council Member Lea. Council Member Bestpitch asked for information regarding the donation from Firehouse Subs Public Safety Foundation; whereupon, Sherman Stovall, Assistant City Manager for Operations, advised that the Roanoke Fire-EMS Department had identified the Firehouse Subs Public Safety Foundation as a potential source for replacement of two thermal imaging cameras. He further advised that the foundation would purchase the equipment then donate it to the City of Roanoke. Council Member Bestpitch was very appreciative of public spirited, corporate citizens who recognize an opportunity and responsibility to help improve the community and not expect everything to be purchased from taxpayers funds. The City Manager explained that thermal imaging cameras were an incredible technology tool for firefighters to use to locate individuals or pets instead of randomly searching through a structure, which could place them in danger. He further explained that the City was appreciative to the Firehouse Subs Public Safety Foundation for providing the lifesaving equipment. There being no further discussion, Resolution No. 39536-110512 was adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-O. (Mayor Bowers was absent.) CITY EMPLOYEE-NATIONAL GUARD: The City Manager submitted a written communication recommending approval of a special policy to pay any City employee who is a military reservist/National Guard member who is called to and serves in active duty between October 1, 2012 and September 30, 2013. (For full text, see communication on file in the City Clerk's Office.) 420 Council Member Lea offered the following resolution: (#39537-110512) A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. (For full text of resolution, see Resolution Book No. 76, page 49.) Council Member Lea moved the adoption of Resolution No. 39537-110512. The motion was seconded by Council Member Ferris. Vice-Mayor Rosen asked for an explanation regarding the resolution before Council. The City Manager said that when reservists are deployed, the City pays the difference between their salary and military pay so they do not experience a reduction in their overall pay and benefits. He pointed out that the City was fortunate to have 28 reservists, five of which were currently serving on active duty assignments; and the City was proud of them and wanted to ensure that they and their families were not suffering financially because of the service. There being no further discussion, Resolution No. 39537-110512 was adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor ... Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) BRIDGES-BUDGET-STREETS: The City Manager submitted a written communication recommending a transfer of funds in connection with the 99" Street Bridge over the Roanoke River-Superstructure Replacement Project. Council Member Lea offered the following budget ordinance: (#39538-110512) AN ORDINANCE to transfer funding from the Franklin Road Bridge Renovation and Berkley Road Bridge Over Glade Creek Renovation projects to the 9th Street S. E. Bridge over the Roanoke River Renovation project, amending and reordaining certain sections of the 2012-2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 50.) J 421 Council Member Lea moved the adoption of Budget Ordinance No. 39538- 110512. The motion was seconded by Council Member Price. Council Member Bestpitch asked if the project would include access from the bridge to the greenway. Mr. Stovall, Assistant City Manager for Operations, answered in the affirmative. Council Member Trinkle questioned when the project would start and if the bridge would be completely closed. Mr. Stovall said that the design process would be completed during CY2013, the project would be bid during CY2014 and construction would take place during the summer of 2015. He indicated that the Engineering Department would utilize a process to accelerate bridge construction which would allow the contractor to begin constructing components of the bridge deck in advance of demolition and the components of the bridge would be put together like Lego blocks; and by using the unique process, the time for bridge closure would be mitigated and would probably only take a couple of months. There being no further discussion, Budget Ordinance No. 39538-110512 was adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Vice-Mayor Rosen-6. NAYS: None-0. (Mayor Bowers was absent.) CITY MANAGER COMMENTS: The City Manager shared the following comments: Leaf Collection Begins November 12 • Citizens are reminded that leaf collection will be conducted on alternating weeks, beginning November 12 through December 10. • During this period, regularly scheduled brush collection will be suspended. • Instead, on those weeks residents may place at the curb an unlimited number of leaves collected in biodegradable paper bags. • On bulk collection weeks, citizens can set out up to six plastic bags of leaves. • A flyer was mailed to citizens over the weekend with more detailed information about leaf collection. • Citizens may also call 853-2000 and press option 6 to hear information about leaf collection. 422 Two City Communications Projects Recognized • On November 2, the City of Roanoke's Office of Communications received two awards at the Public Relations Society of America Blue Ridge Chapter's 2012 Summit Awards Gala. • Gold Summit Award - Roanoke City Market Building Renovation Project (Public Relations Campaign/Modest Budget category) • Gold Summit Award - PLAY (Print Publications/Average Budget category) Roanoke is Conducting a Review of Customer Service Standards • As a part of this review, the city is seeking input from citizens through a short survey which can be completed in just a few minutes. • The questions focus on the quality of customer service that the city currently provides and asks citizens how they would like to interact with the city using new technology. • There is a link to the online survey on the city's homepage at www.roanokeva.gov under 'Read About," as well as on the City of Roanoke, Virginia Facebook page. • Responses will be accepted through Wednesday, November 21. Blue Ridge Veterans Celebration • The Roanoke Valley is joining together to honor and recognize our veterans, active-duty military, and their families with the regional Blue Ridge Veterans Celebration on Friday through Sunday, November 9- 11 • Friday— starting at 11:00 a.m., a D-Day Memorial tour followed by a Downtown Roanoke Reception and Restaurant Tour on the Market • Saturday—a Veterans Parade in Downtown Roanoke at 11:00 a.m., including military units from across Virginia, military marching units, and individual veterans accompanied by military, college and high school bands. Followed by a barbeque, live music and more by the Railside Stage on Salem Avenue • Sunday—a non-denominational service at 10:00 a.m. at Salem Museum and Historical Society, 801 East Main Street in Salem, with light refreshments following. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. 423 INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Price reminded the public that Election Day would be on Tuesday, November 6 and to encouraged citizens to vote. Council Member Bestpitch advised that Blue Ridge Outdoors magazine had named the City of Roanoke the Best Mid-Sized Mountain Town in the Blue Ridge Region. He commented that hopefully people would realize that Roanoke is the best town in the mid-sized category and he recommended going to blueridgeoutdoors.com to take a look at the article. VACANCIES ON AUTHORITIES, BOARD, COMMISSION AND COMMITTEES APPOINTED BY COUNCIL: (See pages 408-409) There being no further business, Vice-Mayor Rosen declared the Council meeting adjourned at 2:45 p.m. APPROVED �A'TT/E'ST:: ,� joi(-{ Stephanie M. Moon, MM Court G. Rosen City Clerk Vice-Mayor 424 ROANOKE CITY COUNCIL—REGULAR SESSION November 19, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, November 19, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1 , Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, -and Mayor David A. Bower-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Mayor asked for a Moment of Silence in memory of former Vice-Mayor and Council Member James G. Harvey, II, who passed away on Tuesday, November 6 and former Council Member Lucian Y. Grove, who passed away on Saturday, November 10. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. 425 Margaret Reamey and Mike Haynie, Members, International Alliance of be Theatrical Stage Employees, appeared before the Council and spoke about contract concerns between the International Alliance of Theatrical Stage Employees and Global Spectrum and unfair treatment by Robyn Schon, General Manager. (See copies of remarks on file in the City Clerk's Office.) Without objection, remarks of Ms. Reamey and Mr. Haynie were received and filed and referred to the City Manager and City Attorney for investigation and report back to the Council and proponents. (See copy of communication from the City Manager dated November 30, 2012 in response to complaints from the abovenamed proponents.) Chris Craft appeared before the Council and spoke about the long lines at his voter precinct and certain City zoning concerns. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. PENSION PLAN: A communication from the City Clerk advising of the resignation of Jeffrey Rakes as a member of the Board of Trustees, City of Roanoke Pension Plan, effective immediately, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council accept the resignation and receive and file the communication. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, Ferris and Mayor Bowers-7. NAYS: None-O. 426 ROANOKE ARTS COMMISSION: A communication from the City Clerk advising of the resignation of Scott I. Burton as a member of the Roanoke Arts Commission, effective immediately, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council accept the resignation and receive and file the communication. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, Ferris and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD-TOWING ADVISORY BOARD: Reports of qualification of Susan L. Reese and Cheryl W. Hartman as members of the Human Services Advisory Board for four-year terms of office, each, ending November 30, 2014 and November 30, 2016, respectively; and Darryl Miley as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2015, were before the Council. (See copies of 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 Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, Ferris and Mayor Bowers-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: MILL MOUNTAIN ADVISORY COMMITTEE: Council Member Raphael E. Ferris submitted a written communication requesting that Council discuss the status of the Mill Mountain Advisory Committee. (See copy of communication on file in the City Clerk's Office.) 427 Council Member Ferris stated that he had asked for discussion of the matter due to unfilled vacancies on the Committee and mainly, whether or not the Committee was an ad hoc or standing committee appointed by the Council. He stated that he was trying to determine who should be appointed to the Committee and whether the mission was still as originally purposed. He called attention to documents provided by the City Clerk and City Attorney as to its history. (See documents on file in the City Clerk's Office.) Upon review of the documents, Council Member Trinkle stated that the Mill Mountain Advisory Committee approved its by-laws on May 28, 2009, which set forth staggered expiration of terms of office and the Committee's mission as set forth in 1964 and reiterated on March 17, 1997; and had recommended that the Council concur in its request to be recognized as a permanent committee. He went on to say that the Council only acted upon the appointment of members to serve staggered terms, effective July 1, 2009; and therefore, he was of the opinion that the Committee was still serving as an ad hoc committee. The City Attorney explained that under the City Code, Council could create either permanent committees or ad hoc committees; however, the committee had not been designated as either one and the Resolution adopted in 1965 and subsequent resolutions had remained silent in that regard. Mr. Callaghan defined an ad hoc committee as a committee formed for a particular purpose and then dissolved when that charge has been completed. Council Member Trinkle recognized Mill Mountain as being a vital resource and an enormous signature of the City, adding that the work on the Mountain by the Mill Mountain Advisory Committee, the Garden Club and the Zoo was fantastic. He pointed out that Mill Mountain, with the exception of eight acres, was mostly preserved and would stay a natural amenity for the citizens of Roanoke forever and the bottom line was that Council had done its due diligence by placing the majority of the land around Mill Mountain and Carvin's Cove under conservation easements; and he believed that the current Mill Mountain Advisory Committee and those interested groups could work well together as a committee to assist the Council in making informed decisions regarding proposals affecting Mill Mountain. Council Member Ferris agreed with Council Member Trinkle that when development proposals regarding Mill Mountain come before Council, there should be an ad hoc committee to serve in an advisory capacity. He reiterated that if the Committee was ad hoc, it should have a mission, a particular project or proposal. 428 Following comments by Members of Council, the following individuals appeared before the Council and spoke in support of the mission and function of the Mill Mountain Advisory Committee: Martha Anderson, President of Mill Mountain Garden Club (See copy of remarks on file in the City Clerk's Office) Sarah Karpanty, Associate Professor of Natural History at Virginia Tech Betty Field, a life-long resident of the City of Roanoke, and Member of the Mill Mountain Advisory Committee (See copy of remarks on file in the City Clerk's Office.) Mary Bishop Dr. Nancy Dye, Chairman of the Mill Mountain Advisory Committee (See copy of remarks on file in the City Clerk's Office.) Following extensive dialog regarding the status of the Mill Mountain Advisory Committee, the Mayor advised that all remarks would be received and filed; and that the matter would be continued generally. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: Market Square Improvements Phil Schirmer, City Engineer, briefed the Council on improvements to Market Square and highlighted the following presentation: 429 la !NT e I-list:RE Partners LLC, DR!,AECOM Concept Plan eir= r ty... _ g. ..�. W: er- - .L,�-•. • ^• ; il ` . ... -- • -- ar.: ' ��-'r, . ,, -gam ;-UL s rl o l I] ' r 1. . . - I tom. Iwa�' lam_ )�" T- -W ,. , W. A F 1, _ * war t. . wft II! j = . . � _r,.. - } _ '�t; 'ray,- S- , .1 .-. t cwc. 1--r: '�„• 1__ i * al'. . It ` g. �. . I CO1 999 the Market Square • . .-, • Conversion of parking lot to pedestrian space • Introduce Vendor table and canopy to Campbell Avenue • Street Trees • Patterned Paving • Street Lighting • Utilities (Electric, Water, Gas, Communications, Storm Drainage). • APCO vault. • New Pavement Material (Streetprint versus Concrete Pavers). • Impact of elevated square on surface drainage. • New Traffic Function and pedestrian movements. • Cost / Budget New Pavement Material Subsurface Investigation by Engineering Division Concrete Pavers October 22& 23, 2012 Streetprint - :. :.L r.. t: f • 1 1 1r114: 1' L 430 Subsurface Investigation,continued TV Inspection of Storm Drain on 11/01/12 i - 4. . - . By Transportation Division i I'• I' , _it } 4 _ . I/e ry' _ . ...--- 14'... ., ..•' log.44.,., , • it rocks and Spalls Structures Deteriorated • Fair to Poor Condition Designing New Drainage Features Current Design Issues that Affect Costs `tl •Replacement of Existing Storm Drains and Structures - under Market Square. 'Concrete Paver solution will require the raising of airway vent stacks at APCO vaults. -.. - •Concrete Pavers placed on existing asphalt must meet r design standards to be a cost-effective solution. j. . A `- •Estimated cost: $650,000. •Portion of estimate for sidewalk replacement: $35,000 4 r, \ •Portion of estimate for storm drain replacement and , ,• upgrades: $100,000 As-built Survey by Engineering Division Preliminary Plan i ..e t MT -e :.1 i _ at/L 9j. „l' ♦ aD1t .! ' 7M .7t2iL ! :4- ior .70C. I iy - VW ` •• ,err RMM1pf! 11 a ....�...- III � u- � O j 1--, 7 431 New Traffic Function of Imprgved MorKet SQUar . Modeling Farmer's Tables r". .1h;""\T AUL ,..etect lilif Schedule: • Coordination with other projects • January 2013 Bid Advertisement • March 2013 Begin Construction • June 2013 Complete Lucas Thornton advised Council that there had been seven public hearings since October 11 , with certain meetings being held specifically for farmers, restaurateurs, interested business associations and the general public. He further advised that he had met with Larry Black on numerous occasions in an attempt to address his concerns about the project. Mr. Thornton remarked that while there would likely never be a 100 percent consensus on the project, everyone involved agreed that the project was a very important strategic investment for downtown Roanoke; and encouraged the Members of Council to consider that even though the $650,000.00 cost of the project was more than he had originally anticipated, the price included opportunities to address infrastructure needs such as drainage. In response to an inquiry as to APCO's willingness to partner with the City on the project, Mr. Schirmer believed APCO was supportive of the project; but, he could not say with certainty that there would be a zero cost to the City. The City Manager added that APCO's local and corporate office had indicated their support and assumed that they would step forward on the project. Vice-Mayor Rosen thought the $100,000.00 for storm water upgrades should be considered outside of the project because the work would be required in order to comply with the new Environmental Protection Agency (EPA) regulations; but even then, the cost would still be several hundred thousands of dollars above the original estimate. 432 In response to a question asked by Vice-Mayor Rosen as to whether or not the $250,000.00 federal grant was still in place from several years prior, Steve Musselwhite, Interim President of Downtown Roanoke, Inc., replied that the amount of the HUD grant was $245,000.00 and it needed to be expended on a Farmer's Market project by September 2013 or it would be lost. He added that approximately $19,000.00 had been spent for service rendered by AECOM, but the remaining portion was still available. Vice-Mayor Rosen said that while most of the HUD grant money had been intended for replacement of the awnings at the Farmer's Market, the use of the money was very time sensitive, and questioned if DRI would consider delaying the replacement of the awnings by a year or two and use the HUD grant money to help offset the cost of the project; whereupon, Mr. Musselwhite agreed to take the request back to the Board. Council Member Trinkle reaffirmed his support of the project especially since it had been initiated by citizens at the grass root level. He noted that the timing of the Market Square project coincided perfectly with the Market Building, Center in the Square and Elmwood Park projects, however, his only concern was if issues arose on the Elmwood Park or other projects, would there be sufficient funding for the Market Square project. Upon final approval, he hoped the Council would be given assurance the project would be completed on time and on budget. With regard to the proposed timeline regarding the bidding process for the project, the City Manager explained that the briefing had been intended for informational purposes and to allow the Members of Council to offer input; and that if Council approved a budget adjustment in December 2012, the project could be put out for bid in early January 2013; and depending on the responses, staff could get the project started. Council Member Bestpitch agreed with his colleagues that the cost of storm drain improvements and sidewalks should not be assigned to the Market Square Improvement project since the improvements were necessary. In addition to spaces being available for the farmers and other vendors, he wondered about the availability of short term parking, and questioned if there was a way to accommodate those people who needed to park for 10 to 15 minutes. Mr. Thornton stated that short term parking would be addressed in the proposed plan. Mr. Musselwhite interjected that DRI had been working with Debbie Moses on a parking area of 52 spaces on Williamson Road along the Church Avenue side, whereby he suggested that the lot could be used for short term parking during high density times. Following additional comments by the Council, Mayor Bowers asked that the City Manager move the project along; and stated that without objection by the Council, the briefing and remarks would be received and filed. 433 ITEMS RECOMMENDED FOR ACTION: NONE. COMMENTS BY CITY MANAGER. The City Manager offered the following comments: Roanoke has been named a Top Digital City • The Center for Digital Government's Digital Cities Survey ranked Roanoke second in the nation for 2012 among the cities in the 75,000 to 124,999 population category. • Roanoke has the distinction of being a Top-10 Digital City for 12 consecutive years. • Other top award winners for their population size are the City of Louisville, Kentucky; Salt Lake City, Utah; Ann Arbor, Michigan; and Marana, Arizona. • Winners will be recognized during the National League of Cities 2012 Congress of Cities and Exposition in Boston, Massachusetts. on November 30, 2012. Solid Waste Collection Schedule for Thanksgiving week • City offices will be closed on Thursday and Friday, November 22 and 23, 2012 for the Thanksgiving holiday. As a result, all residents and business owners are asked to place their trash containers, recycling, and bulk out one day in advance. For Residential/Commercial: • If your normal collection day is:-Monday, November 19 — trash, recycling, and bulk will be collected on schedule • Tuesday, November 20 — trash, recycling, and bulk will be collected on Monday • Wednesday, November 21 — trash, recycling, and bulk will be collected on Tuesday • Thursday, November 22 — trash, recycling and bulk will be collected on Wednesday • NO LEAF COLLECTION WILL OCCUR DURING THE WEEK. For the Central Business District: • Collection will be on schedule all week with the exception of Thanksgiving Day. No CBD collection will be provided on November 22. • CBD collection resumes on November 23. • For more information, call 853-2000, option 1 434 DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report from July — September Fiscal Year 2013. (See copy of Financial Report on file in the City Clerk's Office.) Ms. Shawver provided a commentary on the City's financial results for the three months ended September 30, 2012, adding that financial statements were also included for the periods ended July and August of Fiscal Year 2013. In closing, she stated that the economy had continued to expand at a moderate pace, that strains in global financial markets continued to pose significant downside risks; and growth in employment had been slow. She continued by saying that the August 2012 unemployment rate for the Roanoke MSA was 6.0 percent as compared to 5.8 percent for Virginia and 8.2 percent for the United States; and the Federal Reserve was continuing its policy to hold interest rates at all-time lows and predicted this forecast to continue through mid-2015. Overall the Director of Finance stated that City taxes remained stable in Fiscal Year 2013; sales tax had grown, and the City continued to benefit from consumer spending through the meals and lodging taxes. Vice-Mayor Rosen questioned how many months in a row the City had seen a strong standing in local discretionary taxes; whereupon, Ms. Shawver indicated that said data was not readily available, however she would provide the information to the Council. There being no additional questions and/or comments by the Members of Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: LEGISLATIVE PROGRAM: Council Member Ferris submitted the Proposed 2013 Legislative Program for approval. He reported that the Roanoke City Schools' portion of the Program was approved by the School Board. (For full text, see copy of the 2013 Legislative Program on file in the City Clerk's Office.) 435 Attention was called to the City's request for the General Assembly to enact legislation in the 2013 Legislative Session that would provide a dedicated revenue source to fund intercity passenger rail service in Virginia, since Roanoke is the largest City in Virginia without passenger rail service, priority should be given to funding and operating passenger rail service between Roanoke and Lynchburg; and in light of significant concerns expressed by the public, the City Council adopted Resolution No. 39257-112111 on November 21, 2011 expressing its opposition to lifting the moratorium on uranium mining in the Commonwealth of Virginia, adding that the Virginia Municipal League also recognized the significance of said issue; and for the foregoing reasons, the City of Roanoke opposes the mining and milling of uranium within the Commonwealth of Virginia. In closing, Council Member Ferris acknowledged that the recommended Program would advance the legislative interests of the City, and offered the following resolution: (#39540-111912) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2013 Session of the General Assembly. (For full text of resolution, see Resolution Book No. 76, page 52.) Council Member Ferris moved the adoption of Resolution No. 39540-111912. The motion was seconded by Council Member Lea. Council Member Lea reiterated his concern regarding proposed uranium mining in Pittsylvania County, citing radiation and other pollutants from mill tailings, contamination of water supplies including the Roanoke River, as well as the presence of large quantities of airborne radioactive dust in the Roanoke Valley all of which would have an adverse impact on future economic development for the region. Mayor Bowers acknowledged his pleasure that passenger rail service for Roanoke was a priority in the Legislative package and hoped the General Assembly would provide a dedicated funding source. Several Council Members expressed appreciation to the City Attorney and City staff on their hard work and efforts. There being no additional comments by the Council Members, Resolution No. 39540-111912 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. 436 BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#39541-111912) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 53.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39541- 111912. The motion was seconded by Council Members Bestpitch and Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Bestpitch called attention to two websites -- USAA.com and military.com — both of which focus a lot on services to veterans, noting that they under took to ranking the Number One place for veterans to live in each state, basing their rankings primarily on cost of living, employment rate and access to higher education, and chose Roanoke as the Number One place in Virginia for veterans to live. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. 437 At 4:54 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris (arrived late), Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Webelos Pack 17 sponsored by St. John's Episcopal Church. At this point, Council Member Ferris entered the meeting (7:02 p.m.). ACTS OF ACKNOWLEDGMENT-FIRE/EMS: The Mayor recognized seven winners of the 8th Annual Fire Prevention Week Art Contest and presented each winner with a Certificate of Appreciation. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Ssunny Shaw, representing Lorrd Ganeshji, Inc., to delete an existing proffered condition which limits the uses of 1917 Franklin Road, S. W., to certain commercial uses, and to add a condition restricting the total number of vehicle trips generated by all of the uses of the subject property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 2, 2012, and Friday, November 9, 2012. A (See publisher's affidavit on file in the City Clerk's Office.) 438 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Amended Application No. 3 dated October 17, 2012, to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Riverland/Walnut Hill Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39542-111912) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 54.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39542-111912. The motion was seconded by Council Members Bestpitch and Trinkle. Compton M. Biddle, Agent for Lorrd Ganeshji, Inc., appeared in support of the rezoning request. 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. 39542-111912 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Drew H. Kepley, representing Drew H. Kepley and Everett Holdings, LLC, to remove all existing proffers pertaining to 1606 Belleview Ave., S. E., and four unaddressed lots on Thyme Street., S. E., and replace them with new proffers, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 2, 2012, and Friday, November 9, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 439 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Amended Application No. 1, dated October 15, 2012, to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Riverland/Walnut Hill Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39543-111912) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 56.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39543-111912. The motion was seconded by Council Members Bestpitch and Trinkle. Mr. Kepley appeared in support of the rezoning request. 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. 39543-111912 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 19, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to increase the transient occupancy tax rate from 7% to 8%, effective January 1, 2013, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 9, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 440 The City Manager submitted a written report recommending authorization of an increase in the Transient Occupancy Tax rate was before the body. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#39544-111912) AN ORDINANCE amending and reordaining §32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, by establishing a new transient occupancy tax rate; providing for an effective date and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 57.) Council Member Trinkle moved the adoption of Ordinance No. 39544-111912. The motion was seconded by Council Member Price. The City Manager reported that the City of Roanoke currently provides the Roanoke Valley Convention and Visitors Bureau (RVCVB) funding, in the amount of $781 ,251.00, to assist in the promotion of the Roanoke Valley as a destination for visitors, including tourists, conventions, and special events; the RVCVB utilizes this funding as well as contributions by Roanoke County and the City of Salem to market the Roanoke Valley; and the RVCVB has requested that the City of Roanoke, Roanoke County, and the City of Salem increase the amount of funding provided to facilitate enhanced marketing of the Roanoke Valley region to tourists and conventions. Mr. Morrill advised that RVCVB had requested that each locality grow the level of funding and contribute three percent of its respective Transient Occupancy Tax to support enhanced regional tourism marketing by the RVCVB, adding that the Transient Occupancy Tax for the City of Roanoke was currently seven percent. He further advised that the City had agreed to increase the Transient Occupancy Tax rate by one percent, effective January 1 , 2013, and allocate 100 percent of the FY2012-2013 incremental revenue, in the amount of $225,200.00, to the RVCVB for enhanced marketing of the Roanoke Valley region to tourists and conventions, with the intent in future years to devote funding equal to the full one percent tax rate increase to the RVCVB. He stated that the City of Roanoke had also agreed to grow base funding, over subsequent budget years, allocated to the RVCVB to a full two percent of the generated Transient Occupancy Tax, an increase of $119,600.00 above the adopted allocation of $781,251.00, this increase would result in the allocation of a full three percent of the Transient Occupancy Tax to the RVCVB. 441 The City Manager further stated that the rate for the City of Salem had been increased from seven percent to eight percent, effective January 2013; and base funding from Salem's rate increase will grow to a full two percent of the generated Transient Occupancy Tax over an undetermined period of time. He indicated that Roanoke County increased its Transient Occupancy Tax from five percent to seven percent, effective January 2013; and that Roanoke County had agreed to grow base funding to a full one percent of its generated Transient Occupancy Tax over an undetermined period of time. In conclusion, Mr. Morrill explained that a multi-jurisdictional agreement would be entered into by each of the three localities and the RVCVB for the increase in funding for enhanced regional marketing efforts, which would include performance measures to track results from the additional investment. 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 Rosen acknowledged that collaboration between the three jurisdictions was a good example of regionalism, and noted the importance of marketing outside of the region. Council Member Ferris expressed appreciation to Board members of the Roanoke Valley Convention and Visitors Bureau on its efforts to bring three jurisdictions together, and he called attention to the Council's commitment to tourism and echoed the Vice-Mayor's comment about regionalism. Council Member Bestpitch acknowledged the very good work of the Roanoke Valley Convention and Visitors Bureau (RVCVB) under the leadership of Landon Howard and the Board of Directors, as well as its efforts to get the word out about the Roanoke Valley through free publicity which had saved the Bureau several thousands of dollars.. In connection with tourism, he was of the opinion that the Roanoke Valley had not kept up with many of the other areas that were trying to attract the same dollars. He referenced the travel section of the Southern Living Magazine, noting that under the happening section several attractions were referenced in Florida, Georgia, North Carolina and South Carolina, but not Virginia or Roanoke. He also called attention to article in the Garden and Gun Magazine, the ultimate southern bucket list for surrounding states such as Georgia, Tennessee, south of Georgia, North Carolina and South Carolina, but not Virginia. He emphasized that it was imperative to let people know why it is important to visit Roanoke, Virginia. 442 There being additional comments by the Council Members, Ordinance No. 39544-111912 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. Council Member Trinkle offered the following resolution: (#39545-111912) A RESOLUTION authorizing the negotiation, execution, implementation, administration, and enforcement of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide additional funding to RVCVB to promote tourism in the Roanoke area; and authorizing the termination of the current agreement between the City of Roanoke and RVCVB dated July 1 , 2012. (For full text of resolution, see Resolution Book No. 76, page 58.) Council Member Trinkle moved the adoption of Resolution No. 39545-111912. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. Council Member Trinkle offered the following ordinance: (#39546-111912) AN ORDINANCE to increase the Roanoke Valley Convention and Visitors Bureau funding and Transient Occupancy Tax revenue budget estimates, amending and reordaining certain sections of the 2012 - 2013 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 59.) Council Member Trinkle moved the adoption of Ordinance No. 39546-111912. The motion was seconded by Council Member Price adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: None-0. 443 ELECTIONS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 19, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of realigning new boundaries for the City's voting precincts; and reducing the total number of voting precincts within the City from thirty-three (33) to nineteen (19) voting precincts, and to gather information and input from citizens regarding the proposed changes from the City Registrar, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 9, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The Reverend Carl T. Tinsley, Sr., Chairman of the Roanoke City Electoral Board, advised that securing election officials to work the voting precincts had become increasingly difficult and the Electoral Board had determined that it would be in the best interest of the City to consolidate several of the voting precincts. He further advised that the Electoral Board had worked with City leaders and staff to develop a plan for consolidation that would be presented to the Council for its review and action. Reverend Tinsley pointed out that five public hearings had been held, with a total of 17 attendees, adding that at one of the sessions, there was not a single person in attendance. In closing, he mentioned his presence at the meeting was to extend the proposal to the Council and respond to any questions, mainly regarding the long lines during the Presidential election. Council Member Bestpitch expressed appreciation to Reverend Tinsley, Members of the Electoral Board and the Registrar's Office for all of their hard work on the project. He acknowledged that it was a difficult situation, not just in Roanoke, but in areas all across the country where people stood in line much longer than voters in Roanoke. He asked if the State does not want the City to purchase additional machines, and the machines could not be replaced, what was the State recommending localities do. Council Member Bestpitch asked if it was true that the Electoral Board would no longer be able to purchase additional electronic voting machines similar to the ones currently being used because they could not be recounted later. Reverend Tinsley responded in the affirmative and explained that during the voting process — a voter is issued a slip at the check-in point, the slip is given to the poll worker at the voting machine, the slip is then placed in a container as a means to reconcile the number of votes and voters at the end of the day. 444 Reverend Tinsley replied that City Council had only given the Registrar enough money to purchase 64 machines which allowed two machines to be located at each precinct. He pointed out that one precinct had approximately 1,200 registered voters, another had approximately 3,000 and another one had approximately 4,000 or more. He explained that the goal was to make the precincts more uniform and easier for voters to access. Council Member Bestpitch questioned if additional electronic poll books could be purchased; whereupon, Reverend Tinsley said yes. Council Member Bestpitch then stated that it appeared the holdup at the precincts was the checking in process with poll workers using the electronic poll books, adding if the number of precincts were reduced, there would be extra poll books per precinct; whereupon, Reverend Tinsley answered in the affirmative. In response to information regarding the number of electronic poll books and voting machines allotted to each precinct, Reverend Tinsley acknowledged that several precincts had more than two voting machines, but only two poll books. In response to a question posed by Council Member Lea as to how the determination was made to provide extra electronic poll books at certain precincts and not at others; Reverend Tinsley reiterated that only 64 electronic poll books were purchased for use at 32 precincts and that no precinct had more than two. Council Member Lea thought the process for the Presidential election was poorly planned and did not believe that a reduction in the number of precincts would solve the problems. Reverend Tinsley interjected that a reduction in the precincts would save the taxpayers money. Council Member Price inquired about the amount of training that had been provided to the poll workers prior to the Presidential election; whereupon, Reverend Tinsley stated that all poll workers were required by law to receive training prior to every election, adding that there had been four elections in the prior year and training was required for each one. He further commented that even with all of the training, the election officials were still human and make mistakes. Reverend Tinsley stated that he would like to recruit more young people, but thought the salaries would have to be raised slightly. In response to a question raised by Council Member Lea regarding additional funding for extra computers, the City Manager replied that the City could provide funding. Sherman M. Stovall, Assistant City Manager for Operations, indicated that the City would be in a position to fund the needs of the Electoral Board, adding that in the past the City had reacted to requests from the Electoral Board upon prior approval from the State Board of Elections. 445 At this point, the Mayor recognized the following speakers who appeared to comment on the matter: James M. Whitney, Jr., Chief Officer of Election at Raleigh Court Precinct Number 4, expressed appreciation to Lavern Shepherd, Registrar, for training that was provided to all City poll workers, adding that it was quite a process to distribute information that sometimes only is received from the State Board of Elections days prior to an election. He also stated his support for elections being moved from May to November. Brenda Hale, President of the Roanoke Branch NAACP, a spoke in opposition to the reduction of voter precincts. (See copy of comments on file in the City Clerk's Office.) Janis Wade spoke in favor of consolidating certain voting precincts, adding that the reduction would cause precincts to be staffed properly. (See copy of remarks on file in the City Clerk's Office.) Dan Crawford indicated that the City of Roanoke could do better to accommodate voters in future elections. Dr. Yolanda Puyana expressed her frustration regarding the handling of the high voter turnout at the voting precincts across the City. Burt Boyd urged the City to review the logistics, training and check-in process for elections. Trish Boyd asked the City to review its process for elections and to consider moving May elections to November. Donald Caldwell appeared in support of consolidating certain voter precincts in the City of Roanoke. Deborah Saunders spoke in opposition of reducing/consolidating f voter precincts. Stephen Niamke, Chief Election Official of the Peter's Creek Precinct, which is the largest precinct in the City of Roanoke,. He stated that training was not the issue, it was verifying information of inactive voters. spoke in favor of combining voter precincts because it would redistribute the equipment and manpower. Council Member Bestpitch asked how many new election officials worked the polls on Election Day; whereupon,. Mr. Niamke said that two of the nine workers at his precinct were new. Council Member Bestpitch then questioned if the process could have been more efficient with additional poll books at the precinct. Mr. Niamke answered in the affirmative and added that he had recommended increasing the number of poll books. 446 Council Member Bestpitch questioned Mr. Whitney if had experienced similar problems at his precinct. Mr. Whitney answered that all of the workers at his precinct had worked elections before except for one; and he too agreed with Mr. Niamke that inactive voters required the most amount of time. Council Member Bestpitch was in agreement that there should be better facilities to accommodate voters having to wait in long lines. He noted an additional concern being staffing the precincts which appears to become harder and harder every year. He again questioned if it was most efficient to distribute workers over 32 precincts or 19 precincts; and that the same question could be asked regarding the voting machines and the electronic polling books. He was also of the opinion that Virginia should look at allowing early voting or no excuse absentee voting. Following extensive dialog concerning the various issues, the Mayor advised that all remarks/comments would be received and filed, and that the matter would be continued over generally. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Shamia Johnson appeared before Council and expressed concern about an incident involving the Roanoke City Police Department. (See copy of remarks on file in the City Clerk's Office.) Without objection, Mayor Bowers advised that Ms. Johnson's remarks would be referred to the City Manager for investigation and report to the Members of City Council and Ms. Johnson. Teresa Gill-Walker appeared before the Council and stated her objections regarding the impact of the Evans Springs project on the northwest neighborhood. Without objection, the Mayor advised that Ms. Gill-Walker's remarks would be received and filed; and shared with the City Manager for information purposes. 447 There being no further business, the Mayor declared the Council meeting adjourned at 8:55 p.m. APPROVED ATTEST: \CO:1D8'^-1 / a Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 448 ROANOKE CITY COUNCIL-REGULAR SESSION December 3, 2012 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke Valley Area State Legislators on Monday, December 3, 2012, at 9:00 a.m., in the Council Chamber Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, 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. 39429-070212 adopted by the Council on Monday, July 2, 2012, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price and Mayor David A. Bowers-7. ABSENT: NONE. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. STATE LEGISLATORS PRESENT: Senators John S. Edwards and Ralph K. Smith; and Delegates Onzlee Ware, Christopher Head and Gregory Habeeb. OTHERS PRESENT: Roanoke City School Board Trustee Richard Willis; Legislative Aide Rob Catron; and Roanoke City Public Schools Superintendent Dr. Rita D. Bishop. The Mayor introduced Wayne Bowers, the new Economic Development Director; and announced the annual Open House in the Mayor's Office from 4:30 p.m. - 6:00 p.m., this afternoon. Council Member Ferris, Chair, Legislative Committee, recognized Delegate Habeeb whose office is located in Roanoke City, but represents the citizens of City of Salem and Roanoke County; and Senator Smith, former Mayor of the City of Roanoke. Council Member Ferris called attention to the 2013 Legislative Program, noting that in addition to the local items discussed and adopted, the City incorporated the Virginia Municipal League's 2013 Legislative Program and policy statements which are available at www.vml.org/Legact.html; and he continued by highlighting the following: 449 Passenger Rail Service The City of Roanoke strongly supports efforts by the Virginia Department of Rail and Public Transportation to extend passenger rail service from Roanoke to Lynchburg and then to Washington, D. C. It is committed to doing is part by constructing a passenger rail station. ; and calls on the General Assembly to enact legislation in the 2013 Legislative Session that will provided a dedicated revenue source to fund intercity passenger rail service in Virginia. Local Aid to the Commonwealth The City of Roanoke calls on the General Assembly to meet its obligations to local governments and constitutional officers by ending its budgetary raid on Aid to Localities. It supports budget amendments in the 2013 legislative session to restore the $50 million reduction included in the FY13 budget, and supports eliminating this across-the-board reduction in FY14 and in any future budgets; and the FY2013 impact to the City would have been $1,210,720.00, this would also assist all jurisdictions receiving funding from the Commonwealth of Virginia for specific distributing agencies. Public Service Centers to be located where citizens can access the by public transportation The City of Roanoke requests that the Commonwealth and Federal governments locate service centers that serve the citizens of the City of Roanoke, such as social security offices and probation offices in areas that are accessible to citizens in need of public transportation. Maintain the number of circuit court judges assigned to the 23rd Judicial Circuit The City of Roanoke urges the Commonwealth to continue to fund the six circuit court judges approved for the 23rd Judicial Circuit. Should the two retiring circuit court judges not be replaced, the City will experience an inordinate increase in the case load for the remaining judges that will make it very difficult for the citizens of Roanoke, Salem and Roanoke County to have their cases heard in an orderly and efficient manner. Plastic Baqs The City of Roanoke supports legislation that would prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple uses. In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag distributed by retailers, with such fees to be devoted to litter prevention. 450 Uranium Mining If uranium mining activities are permitted, the City is concerned that radiation and other pollutants from mill talings may occur; contaminating our water supplies and the Roanoke River; and the presence of large quantities of airborne radioactive dust in the Roanoke Valley would have an adverse impact on future economic development for the region. Vacant Building Registration The annual registration fee not to exceed $25.00 is insufficient to defray the cost of processing registration for vacant buildings for a continuous period of 12 months or more. Legal Advertising The City of Roanoke supports legislation that would permit legal ads to be published on a locality's World Wide Web site or advertised on radio or television in order to reduce costs to the City and its citizens. Advertising City Procurements The City of Roanoke supports legislative proposals to allow procurements made by the City and other Virginia localities to be advertised on the Commonwealth's Internet procurement portal known as "e-va", which should be local option. Localities should continue to be allowed to publish and archive procurements on their own websites as well. Update the list of Schedule 1 Substances The City of Roanoke supports legislation to update the existing list of Schedule 1 substances to include the substances that were outlawed by the Federal Government as part of the Synthetic Drug Abuse Prevention Act of 2012. Amendment regarding Juvenile Delinquency and Street Gangs The City of Roanoke requests an amendment of Section 16.1-300A.6 in order to allow juvenile justice, law enforcement, and social services to share information about at-risk juveniles to help facilitate better outcomes that would improve efficiency and allow juvenile justice issues to be resolved in a more timely and efficient manner. Unfunded Mandates The City of Roanoke opposes any new state mandates that are not fully funded by the Commonwealth and oppose the shifting of fiscal responsibility from the state to localities for existing programs. With regard to the City of Roanoke Public Schools 2013 Legislative Program, the following information was shared: 451 Funding for Education The City of Roanoke and Roanoke City School Board oppose policies that lower the Commonwealth's contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning; and the Commonwealth should not continue to maintain and increase educational requirements while at the same time decreasing funding from the Commonwealth. Allow Roanoke City School Board to select the School Start Date The City of Roanoke and Roanoke City School Board support amendments to the Virginia Code Section 22.1-79.1 that would afford the School Board the discretion to select the school start date that best suits the needs of its students and those of the school division; and additionally, it would allow the School Board to ensure its schedule does not conflict with the articulation agreement with Virginia Western Community College which allows dual enrollment opportunities for its students. (See copy 2013 Roanoke City Legislative Program on file in the City Clerk's Office.) In connection with the passenger rail service, Mayor Bowers announced that passenger rail service would be available in Roanoke in 2018 unless there was an expedited funding source. Council Member Trinkle interjected that it was his understanding that the service could be available as early as 2014 or 2015. Mr. Morrill stressed that the passenger rail service was probably the major economic development initiative that was needed to both grow local businesses and keep them in the Roanoke Valley. With regard to the possible reduction in Circuit Court judges from six to four, Senator Edwards pointed out that it was a serious issue; however, area legislators would do its utmost to retain the six judgeship positions. Since he believed it would be difficult to pass a bill to ban plastic bags, Senator Smith's proposal was to focus more on legislation to prohibit throwing such items from moving vehicles; adding due to Ladybird Johnson's stance on litter, a $500.00 fine for littering was implemented and the amount of litter on the highways has decreased dramatically. Council Member Bestpitch felt the ban on uranium mining was one of the most important issues that would come before the General Assembly this year, adding if a uranium mining accident was to occur, it could result in contaminating the air, water and soil within a 50 mile radius with a detrimental effect on thousands of people. 452 Following additional comments regarding the items set forth in the adopted 2013 Legislative Program, and brief remarks by the state legislators, the Mayor declared the Council meeting in recess at 11:00 a.m. At 11:22 a.m., the meeting reconvened with Mayor Bowers presiding and all Members of Council in attendance. The following agenda items were considered and acted upon: COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 Bestpitch moved that Council concur in the request of the Mayor as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property to develop recreational uses on portions 2100 Countryside Road and 0 Ben Street, 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 Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. 453 COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being the Historic Fire Station No. 1 located at 13 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: The Mayor noted that the Fiscal Cliff/Sequestration briefing would be held during the 2:00 p.m. session of Council and the Parks and Recreation Foundation Formation briefing would be deferred until a later date. BRIEFINGS: Homeless/Continuum of Care Prior to the introduction of Carol Tuning, Human Services Coordinator, and Dr. Paula Prince, representative of Jefferson Surgical Clinic, to share information on continuum care, R. Brian Townsend, Assistant City Manager for Community Development, advised that several years ago with the aid of federal funding, the City began to refocus its attention on the root causes of homelessness and retooling the model towards prevention. 454 The Continuum of Care Model Housing 10 Emergency Shelter Crisis/Homelessness • Permanent Housing Transitional Housing (up to 2 years) The Continuum of Care Model In reality, it may look more like this: SYsteigm hummed 1 LImom 1 HOlalig •HOSplo31 sootl Ulkrolul emoosio 2•Teals Meal ie. •Trealmelt Holslig Homeless Homekat Precarblsli 11■•■•■ Tiala Wool womIll. Molaed Hoes ll •�dro eno 9 CmnyYtlerAs •oowlee� Uohm 1 Home leas •Hosprtal Emergelq� •Trealneit 1111/ 9ke1kr System Pe male It 1 Homeless I Molsleg m:. *V9 : Family experiencing homelessness or near homelessness needs help U� 455 Rapid Re-housing Model HourenoIth 1nr Homolosmei A Central Intake �0 sop$Moro Pevennon litenm anengenc; Houring 1. Uortgage 1. Asseaamert Aaskslarce 2. Rapt]Re-loot lig 2. Rergl Asa tsblce Re*rral 3. UtllyAaslaalce 3. Be rent Screerlrg 4. Re*rralbaemlcea 31d lealticare SBr41031 al Heeded I. Case ttryemerl Z. G.DS�2 FbY[ A�� Permanent Tlearrmnl 3. Heal Frm 3N¢s (Support'vs) �, ♦. rknC!HealAaN¢s •■ r Houring 5. T rirQ7Bn DkfSnenl 6. 'd Ernerlen2 �� 7. Legal 13eNas Low, Medium, High Barriers Low Barrier: Rapid Re-housing and Prevention Programs Crisis led to loss of housing but situation can be resolved within 3 months. um lid! Intensive Mdse Multiple repeated issues prevent stable housing and will need intensive communtysupportto develop independence. High Barrier: Shelter Services Chronic and disrupting life circumstances require a safe, supportive environment to reevaluate life plan and benefit from gains. r •• to 01 CD 11111.ilk m 0 o Dak . DJ 4.0 11 l.f, cr+ -- mmil o8 °oS °oS88—4 _. CD u January 1987 �� a ° a m ••j_ January 1989 C. - a s s a Q = January 1991 �" s � January 1993 o rn b g. January 1995 < 1, -_ a January 1997 `y h 00 O January 1999 fD 3 July 2000 7 III ! January 2002 0 CD June 2003 0, N January 2003 N co w � n !-fl 0 January r) - ZR 3 January 2006 CO CD January 2007 V 1/ c;: January 2008 SNo, CD CI) January 2009 y _- January 2010 in Se age January 2011 January 2012 1hp r 457 Remaining Gaps In Services Job Training 3ry Refers! permanent Ca':program. Support's mowing snd landlord Network LIt'able \ cage Job. Relatlon.hlp Hour.of rAtn operation for em plo;m ent public ,It�� agencle. tran.portatlon I. What's Working I it rte, 1 `�4 Col, �� o �f" data tracking system 4 . , • I Successful gran plications U iform community �+ outcome measures olik 9. T------1.1.-----------------11.1111......."' 458 Community Collaboration = $$$$ Central Intake $44,471 Family Promise ofGreater Roanoke $51,500 trust house Trust House $57,277 tiSalvation Army $150,000 ;tap TAP $327,829 aCommunity Housing Resource Center(CHRC) $309,720 etvicis Total System Transformation Funding $940,497 "errse The Community Housing Resource Center • Envisioned in the community's 10 Year Plan to End Homelessness as a one-stop shop to address homelessness collaboratively. • Primary focus on preventing homelessness and rapidly re-housing homeless individuals and families through time-limited rental subsidies, housing location, and stabilization services. • Currently working with TRUST House, Family Promise, Salvation Army,TAP, and the City of Roanoke's street outreach team to implement a community-wide rapid re-housing structure. de�� COUNCIL OF •• S COMMUNITY ri .. RI SERVICES 459 Preventing and Ending Homelessness (Since 2009) 3,683 individuals in 19579 families were prevented from becoming homeless through the /►O/0 Community Housing Resource Center.CHRC provided more U than$1 million in direct services to families facing a housing of direct services crisis. associated with INet HPRP funding provided homelessness 1 ,7 91 individuals in 786 families prevention services were prevented from becoming homeless through the Community to"at-risk"families. Housing Resource Center and its partner—Total Action for Progress (TAP).Servedthroughthe Homelessness Prevention and Rapid Re- Housing Program(HPRP). Funding has been secured in the community from the ■ City of Roanoke, The National Alliance to End Homelessness,the United Way of Roanoke Valley,and the Virginia Department of Housing&Community u s ` A Development for homelessness prevention and rapid re- housing projects. Preventing and Ending Homelessness(2011-12) Emergency Shelter Grant Homeless Prevention Program LI for Allegheny 13 individuals in 4 famiies in 2 9 3 individuals in 1 2 0 families Allegheny were prevented from becoming were prevented from becoming homeless through the homeless through the Homeless Prevention PrOljram(HPP). EmergencyShelter Grant(ESG). ' •First Quarter.45 individuals.17 households 0 Homeless Prevention and Rapid Re-housing Program 1 , 18 7 individuals in 46 8 � � it families were provided homeless assistance through `tap as the HomelessPreuention and rapid ri si Re-housing Program(HPRP). la 460 VA Medical Center • VA Medical Center(VAMC) &Trust House contracted to provide shelterto male veterans with serious mental illness and/or substance abuse disorders. • VAMC &Trust House staffwork to connect veterans to employment;benefits; and housing. • Collaborate with HUD-VASH(60 vouchers)permanent supportive housing. VAMC &Trust House currently discussing future collaborative efforts. out of 27 beds at Trust 102 are dedicated to veterans. veterans served in the first !,11F411 two years of the contract. AWN i r Contract began in June 2010 with the first admission in July of 2010. trust house Rescue Mission's Involvement The Rescue Mission has established a working relationship with the Homeless Assistance Team and Central Intake. • Reports numbers daily of homeless overnight guests. • Refers residents to HAT and Central Intake. • HAT staff meets with families with children atthe Mission to conduct intake assessments on a weekly basis. • Involved in community planning by participating in Continuum ofCare. • Case managerco-chairsHome/essEducatorsLinkingProvidersandServices Committee(HELPS). • Provides transportation to guests to HAT office. • Participates in yearly Point in Time counts. • Hosts meetings upon request atthe facility. /tg/i bib- .• Ai f. Rm E MISSION ES U., inisfries 461 Rethinking Shelter et f Not Shelter...But Catalyst I �> In some cases,a"cocoon"is needed for dramatic transformation. Not Homeless...But Houseless C_ Ju baumse) a house, doesecnY ean donn have I'm without a supportive neighbor." Not Chronic...But Isolated I Each client has an individual plan,no 'cookie cutter assembly hoes. 4 " •• •• (See copy of presentation on file in the City Clerk's Office.) Discussion: Council Member Bestpitch inquired as to the origin of the Family Promise Organization; whereupon, Ms. Tuning explained that Family Promise was the former Roanoke Interfaith Ministries and that a representative was present to respond to questions. In response to an inquiry from Mayor Bowers as to whether the 150 families were part of the documented cases that never entered into a homeless setting due to receiving assistance from the City, Ms. Tuning replied in the affirmative, adding that because of the efforts of the Community Housing Resource Center 90 percent of the funding for that program went to direct services, such as utility assistance and rental assistance. Council Member Lea was glad to see the matter come full circle because of the many intimate discussions regarding homelessness and offered appreciation for the efforts to work with partner agencies to collaborate programs to fight homelessness. In response to inquiry from Council Member Price with regard to any collaboration of the Homeless Assistance Team with the City School System to combat homelessness of school-age children, Ms. Tuning advised that they do not collaborate with Roanoke City Public Schools, but do work with the Interagency Council on Homelessness, who submits a monthly report with regard to homeless school-age children. 462 Council Member Price commented that Roanoke City Schools tries to keep children faced with homelessness in their home school as opposed to shuffling them around and it becomes a great challenge to provide as much stability as possible for those children. She asked where the process starts; whereupon, Ms. Tuning advised that the process began at the Community Housing Resource Center, currently in one location on Salem Avenue. She further noted that currently staff was in training for the upcoming central intake system that would be up and operating as soon as January 1. Ms. Tuning commented that additional funding through the Department of Housing and Community Development for a Child Sources Coordination Grant for $25,000.00 would be used mainly to assist children, but primarily those with mental health issues with hope to provide additional staff and to filter the calls through central intake so the data would be tracked to justify the additional staff resources needed. Council Member Bestpitch inquired as to what day programs were available; whereupon, Ms. Prince advised that Ram House provided lunch during the day as well as homeless prevention, fuel assistance and prescription services; and Family Promise provided day services for persons who participate in their program. However, services to assist persons who have traveled to Roanoke from another state, or individuals who must leave the Salvation Army and/or Rescue Mission with job searches, obtaining vital records, training programs for job skills and daily living activities during the day would appreciate such services. In response to an inquiry from Council Member Trinkle with regard to a strategic plan, Ms. Tuning advised that the business plan references a committee assigned to each of the goals and to address what should be done such as a 10 year plan to end homelessness. She added that the plan touched on a one-stop center to encompass all services in relation to homelessness and pointed out that progress towards a one-stop center has been made. Council Member Ferris asked if any effort was given to identify the areas where the homeless persons were coming from and what kind of intervention services in those particular communities the City could help to initiate; whereupon, Ms. Prince advised the point-in-time survey questioned the location of the person when they became homeless and if they became homeless somewhere else, what brought them to the Roanoke Valley. She indicated that the number was fairly low for people already homeless that came to the Roanoke Valley for services; most came to get a job or to stay with family and the situation did not work out. Following additional comments regarding homelessness in the City, Mayor Bowers commended the Homeless Assistance Team for working with the less fortunate and thanked Ms. Tuning and Ms. Prince for an informative presentation. 463 Downtown Parking Studies for Roanoke's Downtown Mobility Team Chris Chittum, Planning Administrator, gave an overview regarding the Downtown Parking: Purpose of Studies • Improve downtown business climate • Opportunities to improve management • Usage of on-street spaces • Align users with appropriate parking venue Methods • Inventory • Occupancy rates • Focus groups Study Area r7G Lad Pot.41.I 61 wwR C..• w��l i I., E � , � a- .4.:1_110114 ` , : ..__,..... ,_ ,k - • �, U M--- _ '■ •+r • .3 --,' .o :h ,, 1111 f ' „ ./4 "lithe,.iiiiiii LH'tO..1 am-"taw" - 11.rli. t.l. ~N~MYr I w rv.. - '11rw Iii lm--r_ - �N - u,2, 025!a"'1iM;"Lana h .ai■ u !ib 'ii' Inventory • 1 ,290 On-street spaces • 4,136 Public garage/lot spaces • 1 ,673 Private garage/lot spaces* • 7,099 Total *Available for public use 464 Downtown Parking Streets. parks, sidewalks, and other 49% iiiiii.--- 6;0p Surface Parking Lots 24% Buildings Parking Garages 25% 2% Parking consumes more land area than buildings. f Occupancy Rates Measured at different times - – — - _ -grigt.„,1 --vi 4 Egalighp III 1: ____I- -, 17_7__ (1 al er ... goirlir,, u•__1;.:0,finingomi ling- i . 1 ' -... .10.0 1 —,r,...4 ., . :__ .,311 ..... . ,, ,. v .„, _it .r I 11 �� M _ ,\„'"--- 111 - 11 i : 11V-Mili I --1— .. - ±II11Ii1- . . 1 r."— Mapped occupancy rates Focus Groups • Issue I.D. • Observations • Ideas 465 On-street Occupancy • Occupancy in study area 5%-67% • Occupancy in core 33%-79% • +/- 85% optimal occupancy • A few streets exceed 85% Off-street (private) • Mostly surface lots • Very low occupancy • Many never exceed 50% • Most never reach 80% Off-street Public • Very good occupancy in City garages & lots • >70% • Exceptions: Market Lot + Tower Garage Nelson-Nygaard Parking Audit • Observations o Supply exceeds demand o Scarcity limited to a few streets o Not managed as a system General Direction Use studies to develop strategy • Communication & Information • Manage, monitor, & price as a system • Great downtown business climate Mr. Chittum introduced Tom Brown, representative of the United States Environmental Protection Agency (EPA) Office of Sustainable Communities Building Blocks for Sustainable Communities, to review the results of the Parking Capacity Audit: 466 WEEKDAY AM UTILIZATION k X .R 1 t_ PAINTING U1luxu ION x� . ,„,, ,.. itip---- it 't N..o. -ww..r \. �1_ 4 Pla Del I N lb; .. 11115 MI Not TIN? i -Lig ,- --, . . _ . ,.,. L jaw Imo ." _ •� (2) c al lair WEEKDAY MIDDAY UTILIZATION v I' * ! WIT 140 UTILIZATION l,.• +... mi 0 ..' 4 . i 1 _D--1 �■.: . � C..[Di • Illbk: 11111111 ai r -a am, - D a) ,, .. Art. . -r ' 1 , am — roll N, . . , .r 467 WEEKDAY EVENING UTILIZATION PARKING UTWZATION R R / . i IA : R Of M►.a l,.W_.. All - /NI ii -Limoi„ _- _m -,* -�L!� IN il ►; ,,,,.......... ,,it = . == li .. 0 ' AMIll.... II Nnri:ov SATURDAY AM UTILIZATION PAM MO VNUZATION C.-.0. i �_ / ., War 1 / '_J r (��EE:9am: loos ,S :i�i I ` M _ ��i i r3 111.1 • ' s 0 - . ig/1111 illIll Egi Nar,toa 468 _i1 , OVERALL UTILIZATION Weekday Weekday Weekday Saturday AM Midday PM AM 44.8% 56.7% 46.7% ))) 55.9% -dokiffit N KEY FINDINGS • Supply Constraints Limited to Downtown Core • Availability Constrained by Time Limits — Commuter Parking • Timing and Siting of Regulations Worth Revisiting r ct r- i 1 hiut .. t 1 is j He further indicated that the next few slides summarized the primary "take away" findings from the audits and addressed the matters of adequate parking in the City. 469 KEY OPPORTUNITIES • Sufficient capacity exists. • Promoting existing capacity much cheaper than building more. • Expanding time limits could reduce perception that there's "nowhere to park". f� • Nhr1SON 0 KEY OPPORTUNITIES • Multiple Best Practices to Build Upon — Self-supporting parking program — Independent enforcement — Escalating fine structure for parking infractions; including first-time-forgiveness Garage design — Effective Wayfinding and branding — Multi-modal demand-management investments; including bike parking and shuttle bus NNr■SON . 10 470 SUGGESTED STEPS • Build upon and add to successful practices: — Manage Availability through Pricing — Ease Time Limits — "Pay to Stay" — Use Technology to Ease Transition — Adjust On-Street Pricing Based on Demand — Create a Parking Benefit Fund — Develop New Loading Zone Designation Approach NNr,SON (See copy of presentation on file in the City Clerk's Office.) Although it may be difficult to implement, Mr. Brown suggested the idea of a parking shuttle in order to promote parking in nearby garages. He referred to the parking shuttle provided by Anthem that was privately subsidized, noting that people have a habitual need to park in front of buildings which may not be possible in the downtown area. He also suggested metered parking, noting that it is a powerful, effective and very intuitive tool for people who are used to paying a market-based price for things that were in limited supply, such as parking spaces. He concluded that there will always be a demand for high convenience spaces and all options have been attempted except for charging for on-street parking. In response to inquiry from Council Member Trinkle regarding parking meter technology, Mr. Brown advised that the new parking meters were sophisticated and computerized and the fee could be paid by cell phone--calling a number and offering a credit card number. Council Member Lea suggested that the demographics of the City of Roanoke be considered when implementing a new parking system as well as paying close attention to handicap parking. There being no further comments, Mayor Bowers thanked Messrs. Chittum and Brown for an informative presentation, and then declared the meeting in recess at 12:55 p.m., for a Closed Meeting in the Council's Conference Room, Room 451 , fourth floor, Noel C. Taylor Municipal Building. 471 At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Tina R. Cox, Pastor, Three Oaks United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft appeared before the Council and spoke about the lack of handicap parking in the downtown area. Robert Gravely appeared before the Council and spoke about inadequate housing for citizens, lack of grant programs to help citizens with job training and disparities in the pay scale for the school personnel. Larry Black appeared before the Council and spoke about the City Market vendor stalls, suggesting new canopies be installed on Campbell Avenue and the possibility of Fire Station No. 1, being used as a firefighter museum. He submitted a written request referencing what should be completed at the Market Square. Ii 472 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are 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 were desired, the item would be removed from the consent Agenda and considered separately. He called attention to two requests for public hearing from the City Manager and City Attorney. EASEMENTS-CITY PROPERTY-TRAFFIC: A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyances by fee simple of one parcel of City-owned property, one permanent drainage easement, one permanent traffic signal easement, and four temporary construction easements across City-owned properties, along the 10th Street corridor to the Virginia Department of Transportation in connection with certain improvement projects, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. COUNTRYSIDE: A communication from the City Attorney requesting that Council schedule a public hearing for Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, to amend Ordinance No. 39511-091712 adopted by the Council on September 17, 2012, in connection with the Countryside Master Plan and changing of the land designation of the Portland Planning Area from Agriculture to Recreation, was before the body. (See communication on file in the City Clerk's Office.) 473 Council Member Bestpitch moved that Council concur in the request of the City Attorney as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor • Bowers-7. NAYS: None-0. BUDGET: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2013 - 2014, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the recommendation of the City Manager as above described. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. OATHS OF OFFICE-TOWING ADVISORY BOARD-FAIR HOUSING BOARD: Reports of qualification of the following individuals were before the Council: Samuel Roman and Trista Wallace as members (law enforcement) of the Towing Advisory Board for three-year terms of office, each, ending October 31, 2015; and Dennis B. Light as a member of the Fair Housing Board to fill the unexpired term of office of Deirdre Williams ending March 31, 2015. Council Member Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. 474 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: Sequestration and the Fiscal Cliff The Director of Finance briefed the Council on the impact of the sequestration and the Fiscal Cliff on the City of Roanoke. She reported on the following: What is Sequestration? • Automatic reduction to federal government spending Evenly divided between security (defense) and non-security (mandatory/entitlement funds + annual discretionary funds) - Required by law Scheduled to begin on January 2, 2013 What is the Fiscal Cliff? • Combination of spending cuts and tax cuts • Potential impact on the U.S. economy How did we get here? • Reached Old Federal Debt Ceiling • Budget Control Act of 2011 Enacted - $2.4 Trillion increase in Federal debt ceiling with offsetting reductions in two phases - $900 billion in savings over next 10 years, including new spending caps for 12 annual appropriations bills • Joint Select Committee on Deficit Reduction (the "Super Committee") -- Charged to produce bipartisan legislation by November 2011 to reduce projected deficits by at least an additional $1.2 trillion through 2021 Failed to reach a deal 475 Breaking Down the Sequester S1.2 Trillion Sequester (2013-2021) I $984 Billion Sequester Assumed Debt (split evenly over 9 years, Service Savings S109 bn/yr) $216 bn I I Defense Non-Defense Cuts Cuts $492 bn $492 bn I Lower Annual I I I Discretionary Funding 5492 bn Lower Annual Medicare PPACA• Mantdatnry 2%Discretionary Exchange Cuts Funding $116 bn Subsidy 5322 bn Cuts S41 bn S7 bn Some the 149 Exempt Programs • Medicaid • Social Security • Medicare Part D • Childcare Entitlement • Veteran's Affairs Programs • Military Personnel Funding • Pell grants Impact to the Commonwealth • Virginia job loss potential - 207,571 - 136,191 from defense cuts alone (analysis by George Mason University and Richmond-based Chmura Economics & Analytics) - 71,380 from non-defense cuts Potential Impact to the City of Roanoke • Expiration of payroll tax cut Raises Social Security tax for employees from 4.2% to 6.2% • Sunsetting of Bush-era tax cuts - Increase in tax rates • Expiration of extended unemployment benefits • Reduction in funding of: Interest rate credit on bonds - DOJ State & Local Law Enforcement - DOJ Juvenile Justice - HUD Community Development Block Grant (CDBG) Reduction 476 - HUD HOME Investment Program - HUD Section 8 Housing - HUD Homeless Assistance I Sequestration Cuts to Federal Education Programs $4,121.2 Million in FY 2013 •ESEA programs-$2,204.4 •Special Education-$1,150.3 in Rehab Services&Disability Research-$55.1 •Career,Technical,and Adult Ed-$158.1 •Federal Financial Student Aid-S155.7* •Higher Ed-$193.3 Institute of Education Sciences-$54.0 Dept.Management-$150.3 5% 1%4% 1%4%4% Scurce Ce nter On Budget&Poky P•∎or^.es •Federal Pe IIGrantS are exempt from Sequestration Can Sequestration be avoided? • Sequestration can only be avoided if Congress passes legislation that undoes the legal requirement in the BCA and that President Obama will sign before January 2, 2013 • The President cannot reconfigure sequestration cuts; those agencies that are not exempt from reductions cannot be altered What is to come? • Current activities in Washington • The schedule for action • Local plans if compromise fails (See copy of briefing on file in the City Clerk's Office.) Discussion: Council Member Lea inquired if an agreement was not reached, would it affect all Americans not just those whose income was more than $250,000.00 per year; whereupon, Ms. Shawver replied in the affirmative, adding that it was Bush-era tax cuts and it would affect what was known as the middle class. She continued that many Americans with salaries greater than $250,000.00 expect that some tax relief would be extended in order to avoid the Fiscal Cliff impact, but there was a great deal of debate about exactly who to provide the tax reduction to in terms of the middle class or the rich. 477 The City Manager explained that for Virginia local governments, the Fiscal Cliff was a cliff with ledges--first impacting federal funds, including the $26 million and $30 million for the schools, and the Commonwealth of Virginia worse than most states because of the dependence on the federal government in terms of military spending, etc. He noted that history proved that when State revenues were constricted it was taken out on the local governments and it was critical for the government in D.C. to reach some type of agreement soon. Mayor Bowers also inquired if the impact from the decisions facing Congress with regard to the Fiscal Cliff would be instant; whereupon, Ms. Shawver replied that employees would see a decrease in their net pay beginning in January 2013. Following additional comments from the Council Members, it was suggested that a letter from the Office of the Mayor expressing the sentiments of the Council with regard to the Fiscal Cliff be sent to the appropriate government officials. The City Manager offered to draft a communication using a letter written by the National League of Cities as a guide. ITEMS RECOMMENDED FOR ACTION: BUDGET-EQUIPMENT: The City Manager submitted a written communication recommending an execution of a Sales Contract between the City of Roanoke and Times World, LLC, for the purchase of the Mill Mountain Tower and Transmitter Building. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39547-120312) AN ORDINANCE authorizing the proper City officials to execute a contract and the necessary documents between the City and the Times World, LLC, to sell to the City, the Mill Mountain Radio Tower and Transmitter Building, located on a portion of certain City-Owned Property, located at 2080 Prospect Road, S. E., Roanoke, Virginia, and designated as Tax Map No. 4050306A, 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 by title of this Ordinance. (For full text of resolution, see Resolution Book No. 76, page 60.) kJ 478 Vice-Mayor Rosen moved the adoption of Ordinance No. 39547-120312. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. Vice-Mayor Rosen offered the following budget ordinance: (#39548-120312) AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to the Department of Technology Mill Mountain Tower & Transmitter Acquisition project, amending and re-ordaining certain sections of the 2012 - 2013 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 61.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39548-120312. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. CITY EMPLOYEES-HOLIDAY LEAVE: The City Manager submitted a written communication recommending approval of additional holiday leave consisting of all day on Monday, December 24, 2012 and Monday, December 31, 2012 for all City employees in recognition of outstanding service throughout the year. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39549-120312) A RESOLUTION closing certain City offices Monday, December 24, 2012, and Monday, December 31, 2012, and providing for additional holiday leave for all City employees. (For full text of resolution, see Resolution Book No. 76, page 62.) i�r■r■r 479 Council Member Trinkle moved the adoption of Resolution No. 39549-120312. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-0. CITY MANAGER COMMENTS: The City Manager shared the following comments: Award The Department of Public Works has won a 2012 Safe and Sustainable Snow Fighting Award from the Salt Institute. • This recognition is for excellence in environmental consciousness and effective management in the storage of winter road salt. • Only 145 local agencies in the United States and Canada received this recognition. • This is a great honor and a testament to Roanoke's on-going commitment to both resource and environmental stewardship. Announcement The City will hold a mandatory workshop for agencies and organizations requesting Fiscal Year 2013 - 2014 funding: • Friday, December 14 at 9:00 a.m. in City Council Chamber. • The workshop will cover any organization or agency requesting funding from the Human Services Committee, Roanoke Arts Commission or through a General Fund appropriation. • Additional information is available by contacting Michael Shockley, Budget Administrator, Department of Management and Budget, at 853-6403 or email at michael.shockley©roanokeva.gov Upcoming Event Dickens of a Christmas — a Signature Event for Downtown Roanoke — will be held on Fridays in December: • December 7 — the Annual Tree Lighting Ceremony takes place starting at 5:30 p.m. Mayor Bowers will officiate. • December 14 — the Christmas Parade will begin at 6:00 p.m. • December 21 — the SPCA Pet Costume Contest will be held beginning at 6:00 p.m. 480 DIRECTOR OF FINANCE FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of October 2012. (For full text, see Financial Report on file in the City Clerk's Office.) In summary, Ms. Shawver reported revenues were slightly ahead of budget projections and key local taxes such as sales, lodging and food were all experiencing growth. She explained that the month of October was rough for the Pension Plan with a drop in investments by almost one percent and Roanoke's unemployment rate had improved at six percent, which was a little higher than the State level. Without objection by the Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: In connection with the public hearing conducted by the Council on Monday, November 19, 2012, to receive citizen comments regarding the reduction in the number of voting precincts from 33 to 19, Council Member Lea suggested that the matter be discussed further at the December 17 Council meeting. Council Member Bestpitch also suggested that a workgroup be formed comprised of representatives from the Roanoke NAACP Branch, SCLC, Roanoke City Schools, Roanoke Neighborhood Advocates, Blue Ridge Independent Living Center (Disabled Community), Republican and Democratic parties, Roanoke City Electoral Board, and any other appropriate organizations be considered and appointed by the Council at the December 17 meeting with a mission to discuss the challenges facing the Electoral Board and offer recommendations to the Council at a future meeting. At 3:25 p.m., the 'Mayor declared the Council meeting in recess for continuation of a Closed Meeting in the Council's Conference Room, Room 451. 481 At 4:24 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. OATHS OF OFFICE-CITY PLANNING COMMISSION: The Mayor called attention to the upcoming expiration of the four-year terms of office of Fredrick M. Williams, Chad Van Hyning, Lora J. Katz and Mark Futrell as members of the City Planning Commission ending December 31, 2012; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the names of James E. Smith, Chad Van Hyning, Lora J. Katz and Mark Futrell. There being no further nominations, Mr. Smith was appointed to replace Mr. Williams; and Ms. Katz and Mr. Futrell were reappointed as members of the City Planning Commission for four-year terms of office commencing January 1, 2013 and ending December 31, 2016, by the following vote: FOR MESSRS SMITH, VAN HYNING, FUTRELL AND MS. KATZ: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor called attention to a vacancy on the Roanoke Arts Commission created by the resignation of Scott I. Burton for a term of office ending June 30, 2014; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Benjamin S. Crawford. There being no further nominations, Mr. Crawford was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014, by the following vote: FOR MR. CRAWFORD: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-BOARD OF TRUSTEES, CITY OF ROANOKE PENSION PLAN: The Mayor called attention to a vacancy on the Board of Trustees, City of Roanoke Pension Plan created by the resignation of Jeffrey Rakes (City representative) for a term of office ending June 30, 2013; whereupon, he opened the floor for nominations. Vice-Mayor Rosen placed in nomination the name of Gregory W. Feldmann. 482 There being no further nominations, Mr. Feldmann was appointed as a City representative of the Board of Trustees, City of Roanoke Pension Plan to fill the unexpired term of Jeffrey Rakes ending June 30, 2013, by the following vote: FOR MR. FELDMANN: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-BOARD OF ZONING APPEALS: The Mayor called attention to the upcoming expiration of the three-year term of office of Phillip Lemon as a member of the Board of Zoning Appeals ending December 31, 2012. Inasmuch as Mr. Lemon has served three consecutive terms of office, he is not eligible for reappointment, whereupon, Mayor Bowers opened the floor for nominations. Council Member Ferris placed in nomination the name of Steven Trompeter. There being no further nominations, Mr. Trompeter was appointed to replace Mr. Lemon as a member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2013 and ending December 31, 2015, by the following vote: FOR MR. TROMPETER: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE VALLEY ALLEGHANY REGIONAL COMMISSION: The Mayor called attention to a vacancy created by the expiration of the term of office of Jay Foster as a City representative of the Roanoke Valley- Alleghany Regional Commission on June 30, 2012; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of James M. Bullington. There being no further nominations, Mr. Bullington was appointed to replace Mr. Foster as a City representative of the Roanoke Valley-Alleghany Regional Commission for a term of office ending June 30, 2015, by the following vote: FOR MR. BULLINGTON: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. 483 COUNCIL: With respect to the Closed Meeting just concluded Council Member Price 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 Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. There being no further business, the Mayor declared the Council meeting adjourned at 4:26 p.m. APPROVED ATTEST: i --, )(-)..) 1/4.Qf 13-7,...„,„ :. ot,,„ Step anie M. Moon, MMC David A. Bowers City Clerk Mayor 484 • ROANOKE CITY COUNCIL—REGULAR SESSION December 17, 2012 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, December 17, 2012, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Court G. Rosen and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Josh Coldren, Pastor, Crossroads Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Mayor asked for a Moment of Silence in memory of the 26 victims killed in Newtown, Connecticut on Friday, December 14, 2012. In connection with the horrific tragedy in Newton, Connecticut, the City Manager read a prepared statement from the Superintendent of Roanoke City Public Schools regarding the security policy and safety procedures for all City schools. (See statement on file in the City Clerk's Office.) 485 PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES: Council Member Trinkle offered the following resolution recognizing the efforts of the Mayor's Committee for People with Disabilities: (#39550-121712) A RESOLUTION expressing the appreciation of City Council for the efforts of the Mayor's Committee for People with Disabilities, formerly known as the Mayor's Committee on Employment of the Handicapped and the Mayor's Committee for the Disabled (the "Mayor's Committee") and endorsing the recommendation of the Committee that it be restructured and reorganized as a valley- wide committee under the auspices of Blue Ridge Independent Living Center, a private, non-profit community agency. (For full text of resolution, see Resolution Book No. 76, page 64.) Council Member Trinkle moved the adoption of Resolution No. 39550-121712. The motion was seconded by Council Member Lea and adopted by the following vote: _ AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) The Mayor presented ceremonial copies of Resolution No. 39550-121712 to Roger Eggers, Chair, Mayor's Committee for People with Disabilities, and Members of the Committee in attendance. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely appeared before the Council and spoke about a program to help more citizens become homeowners and improve the City's real estate assessments. 486 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Monday, November 5, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Lea moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) . CITY COUNCIL: A communication from Council Member Sherman P. Lea, Vice-Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year 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 Lea moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) 487 PURCHASE/SALE OF CITY PROPERTY-YMCA: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being the former YMCA, located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council concur in the request of the City Manager as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) PURCHASE/SALE OF CITY PROPERTY-BUILDINGS: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being a portion of property located at 250 Reserve Avenue, S. W., (former Naval Reserve Facility), 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 Lea moved that Council concur in the request of the City Manager as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) .. 488 AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, December 5, 2012, was before the Council. (See Minutes on file in the City Clerk's Office.) Council Member Lea moved that the minutes be received and filed. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Daniel E. Karnes as an at-large member of the Board of Directors for a three-year term of office, commencing January 1, 2013 and ending December 31, 2015, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) OATHS OF OFFICE-CITY PLANNING COMMISSION: Report of qualification of James E. Smith to replace Fredrick M. Williams as a member of the City Planning Commission for a four-year term of office commencing January 1, 2013 and ending December 31, 2016, was before the Council: (See Oath or Affirmation of Office on file in the City Clerk's Office.) 489 . - Council Member Lea moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: MILL MOUNTAIN ADVISORY COMMITTEE: Council Member Ferris submitted a written communication recommending that Council adopt a resolution to dissolve the Mill Mountain Advisory Committee. (For full text, see communication on file in the City Clerk's Office.) Having reviewed minutes and other official documents, Council Member Ferris indicated that because the Council had failed to assign a charge to the Mill Mountain Advisory Committee when it was created several years ago, and furthermore, had not identified the Committee as a permanent/standing committee or ad hoc, which was no fault of the Committee, he felt that the Committee should not be abolished, but defined and its mission revisited and thereafter, approved by the Council. Following dialogue of the Council and having noted for the record that it would be in the best interest of the Committee and the Council to revisit the Committee's mission statement in order for its purpose to fit the needs of today, the matter was withdrawn. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 490 ITEMS RECOMMENDED FOR ACTION: PUBLIC ART: The City Manager submitted a written communication recommending approval of an amendment to the Percent-for-Art Program guidelines. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39551-121712) A RESOLUTION amending Paragraph 5 of the Percent-for-Art Program Guidelines; and authorizing the City Manager to take such further action and/or execute such additional documents as may be needed to implement such Amendment and to administer and enforce such amended Guidelines. (For full text of resolution, see Resolution Book No. 76, page 66.) Council Member Trinkle moved the adoption of Resolution No. 39551-121712. The motion was seconded by Vice-Mayor Rosen. For clarification purposes regarding the proposed changes in the Percent-for-Art Program guidelines, the City Manager explained that the requested change was to • better align the development and implementation of the proposed work plan with the fiscal year budget process which would bring the annual Pubic Art Work Plan before . Council no later than August 31 each year, instead of December 31. Following additional questions and/or comments by the Members of Council, Resolution No. 39551-121712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) GRANTS-BUDGET-HOUSING: The City Manager submitted a written communication recommending approval and execution of an amendment to the 2010 - 2015 Consolidated Plan for the 2012 plan year; and reallocation of funds. (For full text, see communication on file in the City Clerk's Office.) 491 ,., Vice-Mayor Rosen offered the following resolution: (#39552-121712) A RESOLUTION authorizing the City Manager to amend the 2010 - 2015 Consolidated Plan, regarding Community Development Block Grant (CDBG) funding, and to submit and execute necessary documents to the U.S. Department of Housing and Urban Development (HUD). (For full text of resolution, see Resolution Book No. 76, page 67.) Vice-Mayor Rosen moved the adoption of Resolution No. 39552-121712. The motion was seconded by Council Member Trinkle. Inasmuch as he does not receive any type of monetary compensation serving on the Board of Directors of Rebuilding Together, Mayor Bowers disclosed that it had been determined that he did not have a conflict of interest in participating in discussing and voting on the abovementioned matter. Since he does not receive any monetary compensation for serving as the City's liaison on the Total Action Against Poverty Board of Directors, Vice-Mayor Rosen also disclosed that there was no conflict of interest and he too would be participating in any action(s) taken in connection with the matter. There being no questions and/or comments by the Members of Council, Resolution No. 39552-121712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) Vice-Mayor Rosen offered the following budget ordinance: (#39553-121712) AN ORDINANCE to amend the 2010 - 2015 HUD Consolidated Plan for Community Development Block Grant (CDBG) funds, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 68.) 492 Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39553-121712. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) BUDGET-EQUIPMENT-FLEET MANAGEMENT: The City Manager submitted a written communication recommending appropriation of Fleet Management Retained Earnings for capital improvements. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following budget ordinance: (#39554-121712) AN ORDINANCE to appropriate funding from the Fleet Management Retained Earnings for the purchase of a bulk fluid and dispensing • system, exhaust removal system, and an upgraded fueling system, amending and re- ordaining certain sections of the 2012 - 2013 Fleet Management Fund Appropriations, - and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 69.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39554-121712. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) ANIMALS-ROANOKE VALLEY SPCA: The City Manager submitted a written communication recommending execution of a Roanoke Valley Regional Pound Agreement among the City of Roanoke, Town of Vinton, and Counties of Roanoke and Botetourt for the operation of a regional animal shelter. (For full text, see communication on file in the City Clerk's Office.) 493 .„. Council Member Bestpitch offered the following ordinance: (#39555-121712) AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Regional Pound Agreement ("Agreement"), among the City of Roanoke, Town of Vinton, County of Roanoke, and County of Botetourt, to operate a regional animal shelter among all four (4) jurisdictions; authorizing the City Manager to execute any and all documents necessary to establish a regional animal shelter consistent with the terms and conditions of the Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 69.) Council Member Bestpitch moved the adoption of Ordinance No. 39555-121712. The motion was seconded by Council Member Lea. Having been asked for a brief overview of the matter, the City Manager advised that the City of Roanoke, along with its partner jurisdictions being Roanoke County, Botetourt County and the Town of Vinton planned to oversee the operations of the pound facility where strays and problematic animals were contained currently under contract with the SPCA. He added that the next steps in the process included the hiring of an Executive Director, continuing close ties with all Animal Control Officers, drafting a more detailed agreement for operation of the facility including volunteer and intake programs, and an agreement to either lease or purchase the facility from the SPCA. Council Member Lea asked if the Counties of Roanoke and Botetourt Board of Supervisors were receiving chain emails with regard to the matter; whereupon, the City Manager responded in the affirmative, along with petitions. He assured the public that the City was committed to operating the best facility possible. Council Member Bestpitch commented that the issue has received notoriety and raised many emotions. He expressed appreciation to the City Manager for the work on reorganizing the relationship between the SPCA and the City of Roanoke, especially the emphasis on the reduction in the euthanasia rate, although he doesn't like euthanizing animals, unfortunately when animals are terminally ill or severely injured and not suitable for adoption it may be the only option. He emphasized the importance of the pound facility being open to participation from volunteers, and that pet owners spay and neuter their pets to avoid lifters being born without a purpose or homes awaiting them. 494 • Mayor Bowers inquired if citizens could voice their concerns about the facility to - the Executive Director, if meetings would be public, and would the recourse be the court system or the elected bodies of the jurisdictions; whereupon, the City Attorney advised that citizens could address the elected bodies of the jurisdictions and asked Tim Spencer, Assistant City Attorney, to further address the inquiry. Mr. Spencer advised that like any other joint committee, citizens could appear before any of the governing bodies, but pointed out the jurisdictions had no legal authority over the pound facility; and if there were basis of legal action, the recourse would be the court system. He added that work on the operational procedures was ongoing to hopefully address such issue. Following conversation of the matter, Ordinance No. 39555-121712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) -� COMMENTS BY CITY MANAGER. The City Manager offered the following comments: • Recognition of Jeff Shawver, Building Commissioner, as Public Employee of the Year by the Homebuilders Association. Upcoming Events • Annual Career Lifestyle and Financial Fitness Fair will be held on January 8, 2013 from 8.30 a.m. to 8.30 p.m. at the Roanoke Civic Center. Admission to the fair for attendees and exhibitors is free. Returning Programs • The Roanoke 100 Miler Program will be return for a second year. The program, created by the Parks and Recreation Department, the community active living campaign that promotes walking, biking, pedaling 100 miles in 100 days. One of the Mayor goals is to improve the health of the community and this is one of the ways to make that happen. 495 • The Citizen Budget Academy was reinstated and will be held on .., Saturday, January 12, 2013, at the Higher Education Center, Room 409. Citizens will actually learn the budget process so they can come back April 6 and review the recommendations of the priority teams to get their input. Anyone interested in participating can call (540) 853- 6800 or email Department of Management and Budget©roanoke.gov. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#39556-121712) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. `'- (For full text of ordinance, see Ordinance Book No. 76, page 70.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39556- 121712. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 496 MOTIONS AND MISCELLANEOUS BUSINESS: r INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:21 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. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), Court G. Rosen and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. At this point, Council Member Lea entered the meeting (7:01 p.m.) The Invocation was delivered by The Reverend Carl T. Tinsley, Sr., Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor once again asked for a Moment of Silence in memory of the 26 victims who were killed in Newtown, Connecticut. ACTS OF ACKNOWLEDGMENT: Council Member Bestpitch offered the following resolution recognizing The Reverend Carl T. Tinsley, Sr., as the 2012 Citizen of the Year: (#39558-121712) A RESOLUTION naming The Reverend Carl T. Tinsley, Sr., as the 2012 Citizen of the Year for the City of Roanoke: (For full text of resolution, see Resolution Book No. 76, page 71.) 497 Council Member Bestpitch moved the adoption of Resolution No. 39558-121712. The motion was seconded by Council Members Lea and Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) The Mayor presented a ceremonial copy of Resolution No. 39558-121712 to Reverend Tinsley. Mayor Bowers noted that the Certification for the Closed Meeting held following the 2:00 p.m. had not been approved; and called for a motion and second to said effect. COUNCIL: With respect to the Closed Meeting just concluded Council Member Ferris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, December 17, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of an application by Wayne and Beverly Embrey to vacate an approximately 1,201 square foot portion of the alley between Tax Map Nos. 4221015, 4221016, 4221017 and 4221025, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 30 and Friday, December 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) 498 The City Planning Commission submitted a written report recommending vacation of the alley as requested and advised that the applicant would reduce the development potential, thus should not be charged for the alley. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (39557) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter. Council Member Lea moved the adoption of Ordinance No. 39557. The motion was seconded by Council Member Ferris. Council Member Bestpitch asked for clarification of the request since the recommendation of the Planning Commission was to vacate the alley due to the applicant reducing the development potential of the property, and therefore should not be charged; whereupon, Chris Chittum, Planning Administrator, explained that in this instance several lots were being combined into a single lot, adding that the Zoning Ordinance requires any accessory building to be built on the same lot as the principle structure; and since said alley disconnects the Embrey's properties, vacation of the alley would be the best alternative. Council Member Bestpitch further inquired about the market potential for a piece of property with an odd shape similar to the property in question; whereupon, Mr. Chittum was unable to provide a suitable response to the question. Council Member Bestpitch pointed out that rezonings not only affect future property owners, but entire neighborhoods, and it would be unfortunate for an owner to end up with a nonmarketable property. Wayne and Beverly Embrey, the petitioners, appeared in support of their request. 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 additional questions and/or comments by the Members of Council, Ordinance No. 39557 was adopted on its first reading by the following vote: AYES: Council Members Trinkle, Lea, Rosen and Mayor Bowers-4. NAYS: Council Members Bestpitch and Ferris-2. (Council Member Price was absent.) . 499 COUNTRYSIDE-ZONING: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 17, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on an amendment to Ordinance No. 39511-091712 to correct scrivener's errors regarding the recommendation of the Planning Commission in the title and recitals of Ordinance No. 39511-091712, which Ordinance amended the Countryside Master Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, adopted by City Council on September 17, 2012, such amendment having been considered by the Roanoke City Planning Commission on July 19, 2012, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 4 and Tuesday, December 11, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending adoption of the corrected and amended ordinance explaining and correcting the error as noted in Ordinance No. 39511-091712 adopted September 17, 2012. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39559-121712) AN ORDINANCE amending and reordaining Ordinance No. 39511-091712, adopted September 17, 2012 to correct scriveners' errors regarding the recommendation of the Planning Commission contained in the title and recitals of Ordinance No. 39511-091712, and approving an amendment to the Countryside Master Plan, a component of Vision 2001 - 2020, the City's Comprehensive Plan, which amendment changes the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 73.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39559-121712. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 500 There being no questions and/or comments by the Members of Council, Ordinance No. 39559-121712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-0. (Council Member Price was absent.) SALE/PURCHASE OF PROPERTY-TRANSPORTATION: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 17, 2012 at 7:00 p.m., or as soon thereafter as the matter may be heard, on proposal to convey certain property interests to the Virginia Department of Transportation ("VDOT), in order for such properties to be used by VDOT as rights of way for the construction, maintenance and/or operation of a public transportation facility, specifically, the 10th Street Improvement Project, State Highways Project 0000-128- V12,RW202/203, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 7, 2012. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of the Deeds of Easement, Deed and Option Agreement with the Virginia Department of Transportation, 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 Lea offered the following ordinance: (#39560-121712) AN ORDINANCE providing for the conveyance of certain City-owned property and property interests to the Virginia Department of Transportation ("VDOT") to support a VDOT street improvement project designed to improve a portion of 10th Street; authorizing the City Manager to execute the necessary documents providing for the conveyance of the City-owned property and property interests, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 75.) 501 Council Member Lea moved the adoption of Ordinance No. 39560-121712. The .,,. motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Members of Council, Ordinance No. 39560-121712 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) OTHER BUSINESS: ARCHITECTURAL REVIEW BOARD: Petition for Appeal filed by Joyce Epperly appealing the decision of the Architectural Review Board (ARB) to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) Jennings T. Bird, Attorney, representing the petitioner, shared background information about the history of the property, adding that inasmuch as other homes in the area were not in compliance with ARB standards, he would respectfully request that the Council reverse the decision of the Board and grant a Certificate of Appropriateness for the property. The Architectural Review Board submitted a written report recommending that the Council affirm its decision to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W. (For full text, see report on file in the City Clerk's Office.) Derek Cundiff, Chair, Architectural Review Board, advised that members of the Architectural Review Board and City building officials visited Mrs. Epperly to review the property, whereby she initially requested an in-kind repair for a faulty gutter which she was granted. However, the contractor having acted outside of the preview of the in-kind order, a stop-work order was issued. 502 Mr. Cundiff further advised that the ARB again met with Mrs. Epperly onsite to provide consultation regarding the project and to recommend financial assistance through Rebuilding Together and Old Southwest Neighbors to Neighbors Program in order help her comply with the H-2 guidelines. Council Member Bestpitch Inquired if the ARB felt the material used in the repair was weather resistant; whereupon, Mr. Cundiff replied that any wood subsurface wrapped in aluminum or metal would be protected from weather penetrating from the outside in, but if any moisture existing from prior leaks was not cut off—that same moisture could cause deterioration of the wood, mold growth and further deterioration of the structure. Following in-depth discussion of the issue and all evidence, testimony and documents presented, Council Member Bestpitch moved that the decision of the City of Roanoke Architectural Review Board on October 11, 2012, be affirmed and no Certificate of Appropriateness be issued to allow the applicant to wrap the existing soffit and board in aluminum as set forth in the application for Certificate of Appropriateness on the ground that the proposed installation and location were not architecturally compatible with the structures or historic landmarks in the H-2 District. The motion was seconded by Council Member Ferris. Council Member Trinkle advised that he was in favor of remanding the matter back to the Architectural Review Board, and suggested that if no solution could be found, perhaps the matter should come back to Council for additional action. He expressed his desire for a viable solution that could be a win – win for both the petitioner and entire community. Following the suggestion offered by Council Member Trinkle, the motion offered by Council Member Bestpitch and seconded by Council Member Ferris was withdrawn to affirm the decision of the Architectural Review Board and to not issue a Certificate of Appropriateness. Council Member Bestpitch then offered a motion to remand the matter back to the Architectural Review Board for further review. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) 503 OTHER BUSINESS: VOTING PRECINCTS: In connection with any recommendations of the Electoral Board to improve Election Day procedures and continue discussion of the proposed realignment of City voting precincts, Melvin Williams, Secretary, Roanoke City Electoral Board, shared background information, stating that in September 2011, City Council requested a meeting with the Electoral Board to discuss realignment of City's voting precincts, adding that it had been some 40 years since any major realignment of precincts had occurred. He continued that a team began reviewing Roanoke's precincts and developed a proposed realignment map. Mr. Williams stated that it was brought to the attention of the Electoral Board by City Council that some modifications to the realignment of the precincts were needed; and the Board took guidance from the Council and worked with City departments, specifically the Departments of Technology and Planning, respectively, to assist with public meetings over the course of several months to receive citizen input. Following extensive discussion, Council Member Bestpitch offered a motion to direct the City Attorney to prepare the appropriate measure for action at its January 7 Council Meeting to establish a task force to work with the Electoral Board, with membership to consist of a representative from the Roanoke Branch — NAACP, Roanoke Chapter — SCLC, Roanoke City School Board, Roanoke Neighborhood Advocates, Blue Ridge Independent Living Center, and Republican and Democratic Committees (someone currently not holding an elected position), and two poll workers selected by the Electoral Board to study the current voting process and precinct alignment of the City's voting precincts and offer recommendations to City Council on making voting more efficient and convenient in order to maximize voter participation in elections, the task force to hold at least two public hearings to receive comments from other interested citizens; and to provide its recommendation(s) to City Council, in writing, by May 14, 2013, and present its recommendations to Council during the Council regular session on May 20, 2013. The motion was seconded by Council Member Trinkle and unanimously adopted. Having additional discussion regarding precinct alignments and the concerns about the long lines and faulty equipment during the Presidential Election, Council Member Lea offered a motion that an ad hoc committee be appointed consisting of a representative from the agencies as previously stated, to study moving the Councilmanic Elections from May to November. At this point, the Mayor relinquished the Chair to the Vice-Mayor (9:00 p.m.) The abovestated motion by Council Member Lea was seconded by Mayor Bowers. 504 Having commented that they were not prepared to vote on the issue at the present time, noting that more in-depth discussion was needed, the motion failed by the following vote: AYES: Council Member Lea and Mayor Bowers-2. NAYS: Council Members Trinkle, Bestpitch, Ferris and Vice-Mayor Rosen-4. (Council Member Price was absent.) At this point, the Vice-Mayor relinquished the Chair back to the Mayor (9:18 p.m.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. MISCELLANEOUS: Jim Hammestrom, Stephen Painter, and Elliot Wheeler appeared before the Council to request adoption of a measure to establish a position of the City Council in support of a constitution amendment to declare that corporations are not people, that they are not endowed with the legal rights of natural persons, and that money is not speech. (See copy of comment from Mr. Hammestrom and proposed Resolution on file in the City Clerk's Office.) Following discussion of the issue, Council Member Bestpitch having agreed that the matter was important, requested that the Council be allowed the opportunity to review and assess the information that had been presented prior to taking action. Council Member Trinkle supported remarks made by Council Member Bestpitch, and he further instructed the City Attorney to provide the Council with information regarding other cities' participation in addressing said issue. There being no further business, Mayor Bowers declared the Council meeting adjourned at 9:33 p.m. APPROVED ATTEST: y�� (/�j��l�/�J( tephanie M. Moon, MM(7� David A. Bowers Clerk Mayor 505 CITY COUNCIL-REGULAR SESSION January 7, 2013 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke City School Board on Monday, January 7, 2013, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairman David B. Carson 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. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Council Member David B. Trinkle-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. SCHOOL BOARD TRUSTEES PRESENT: Annette M. Lewis, Lori E. Vaught, Richard M. Willis and Chairman David B. Carson-4. SCHOOL BOARD TRUSTEES ABSENT: Mae G. Huff, Suzanne P. Moore and Todd A. Putney-3. OTHERS PRESENT: Representing the City of Roanoke: R. Brian Townsend, Assistant City Manager for Community Development and Sherman M. Stovall, Assistant City Manager for Operations. Representing Roanoke City Schools: Dr. Rita D. Bishop, Superintendent; Curt D. Baker, Deputy Superintendent; Timothy R. Spencer, General Counsel; and Cindy H. Poulton, Clerk. Mayor Bowers welcomed everyone to the joint meeting. Chairman Carson expressed appreciation to the Council for the opportunity to share information regarding school safety, year round schools and subject matter experts as elementary school teachers all of which would be answered following discussion of the Legislative Update. 506 Legislative Update: The City Attorney gave a brief summary of certain bills that were continued or submitted for action by the 2013 Session of the Virginia General Assembly. He noted that the continued bills/submitted bills were as follows: • SB800 - Budget Amendments Uranium mining • HB1557 - School Boards firearms training • HB1309/HB1310 - School calendar, starting dates • HB1319 — school calendars (limited to Danville, Martinsville, Henry Co. and Pittsylvania Co.) • HB1442 - Interscholastic sports (home school) • HB1540 — cellphone usage — prohibit use while on school property • SB899 - bumper stickers on school buses • SB900 - advertising on school buses and school grounds • SB908 - Parental rights — primary responsibility in all area of child's education • SB220 - Significant issue — budget surplus — Governor (See copy of Legislative Handouts on file in the City Clerk's Office.) Mr. Callaghan mentioned that the Legislative Day sponsored by the Virginia Municipal League and the Virginia Association of Counties would be held on January 31, 2013 and that he and Council Member Ferris planned to attend. Council Member Lea questioned if local legislators had taken a position on home school students' participation in athletics. Mr. Carson responded that he was uncertain of the local legislators' stand on the issue; however, it was his understanding that an effort in a prior year had failed in a Senate Committee, but the issue was being resurrected in the current session; and he shared a paper that had been written by School Board Members expressing their position on the matter, whereby said document had laid out a lot of rationale behind opposing the effort. Mr. Callaghan commented on extensive discussion regarding Charter Schools during a recent Virginia First Cities' meeting, whereby a resolution had been approved, and consensus was to focus on the Commonwealth's constitutional duty to provide an education to every child rather than create opposition. The City Attorney continued with sharing information on the following Housing Bill: • HB1555 — Create a Virginia Virtual School Board 507 School Board Trustee Lewis pointed out that Senator Ralph Smith had been working on an amendment in regard to school start dates, which amendment was co- sponsored by Senator John Edwards. The City Attorney stated that at the December 3, 2012 joint meeting with the local legislators, there appeared to have been strong support of an early start date, adding that there was strong data recognizing improvement in testing scores when students stay in school; and he acknowledged that the tourist lobbyists were in support of later start date inasmuch as it was their opinion that an early start date would have a detrimental effect on amusement parks and tourism in Northern Virginia. School Safety: Dr. Bishop commented that the number one priority for any school district was student safety. She advised that the School Division had worked with Ken Trump, one of the foremost authorities on school safety, since 2008 in reviewing safety procedures for all the schools. School Board Trustee Vaught pointed out that a copy of the Emergency Preparedness Plan was available in every classroom and on the Schools website. Dr. Bishop alluded that First Responders could be access from school vehicles, adding that there were maps of each school and that the State required review of school safety procedures annually. She noted that as of August 30, 2012, button entry devices had been installed in all middle and elementary schools, as well as quarterly Safety Advisory Council meetings. The Superintendent indicated that Mr. Trump and his staff would be reviewing Roanoke City Schools' emergency procedures within 10 days. Council Member Price attested to the Superintendent's remarks, adding that concern for school safety had been ongoing and a priority for a number of years, and reviewed annually. Council Member Lea noted his concern being students plotting harm from within the school, which would appear to be much more challenging than one might realize. Chairman Carson agreed with his comment, continuing that inside threats were always problematic; however, the School Division have excellent teachers/staff with tenure and rapport with students; and reiterated the safety mechanisms currently in place, such as (1) all schools were equipped with buzz-in door entries, with the ability to lock interior doors; (2) both high schools, being state of the art, with single entries into the buildings, and that they could be used for emergency shelters, with backup power generators on- site; and (3) cooperation with the Roanoke City Police Department. Superintendent Bishop said that de-escalation training has been emphasized in the schools as a means of dealing with bullying in order to keep things calmer and help bring about resolution by talking things out with the student(s). She reinforced Mr. Carson's statements about the importance of student and faculty communication, adding it was amazing what students would share administrators when they are in a safe environment, knowing that the conversation is confidential and that action will be taken. 508 Mayor Bowers was of the opinion that the United States had become one of the most locked up and locked down societies on the face of the earth. He explained that he was not talking about criminals, but was referring to the violence in movie theaters and shopping centers. He noted that President Barack Obama had asked Vice-President Joe Biden to offer federal proposals in response to the recent violence in Newtown, Connecticut. He also made reference to the President of the National Rifle Association's (NRA) recommendation that school teachers should be armed. He then asked if the state association of school superintendents was going to comment on the recommendations that would be coming forth; whereupon, the Superintendent responded that not a lot of discussion has taken place; however, school superintendents were interested in having a greater police presence, which would come at a cost. Council Member Lea said that the he hoped the State would step-up and get out in front of the issue of teachers with guns. School Trustee Vaught mentioned that while the School Board Association did not have a position on the issue of teachers with guns, she was sure they would step-up and protect the schools as they saw fit. Council Member Lea also commented that the gun issue may become a volatile discussion and was not something that would go away. Council Member Rosen added that he believed the matter was a safety issue and hoped it would not become a gun rights issue. Year Round Schools: In regard to year round school schedules and subject matter experts as elementary school teachers, Council Member Bestpitch wondered if there was a connection to school start dates helping students maintain learning when there was a shorter break. Dr. Bishop explained that year round schools consist of the same number of school days spread over the course of a year, that the most popular schedule was 45 days of school and then 15 days of no school. She stated that such a schedule would be an educational disaster, adding that she was a proponent of extending the school year six weeks beyond 180 days, particularly in a situation like Roanoke City Public Schools, where students and parents would benefit from the extended time in school. She acknowledged there would be issues such as summer visitation for non-custodial parents but referred to the extended year as a luxury for children who would receive breakfast and lunch and for working parents who would not incur as much of an expense for childcare. 509 Subiect Matter Experts as Elementary School Teachers: In regards to subject matter experts as elementary school teachers, Dr. Bishop commented that there had been an effort to hire mathematics and science majors, but there had been an acute shortage of mathematics teachers. She pointed out that a number of years prior, California had insisted that every elementary teacher have a major or minor in an academic area, but it had only worked in the areas of math and science. Council Member Bestpitch pointed out that the Roanoke City School Board and Roanoke City Schools had been ahead of the curve on the areas of discussion during the joint meeting. He further pointed out that everyone in Roanoke benefits from a well- educated population whether they have children in school or not. Chairman Carson commented that he always chuckles when the media reports on the success of a private or charter school because 99 percent of the time it involves a longer school day or school year. He further commented that with the proper amount of funding to allow for an extended school schedule, Roanoke City Schools could do pretty well also. Mayor Bowers said that he had visited with Chairman Carson over the holidays and they had discussed a concern that Roanoke was facing a fiscal cliff not just with the schools but in other areas as well. He added that Council would likely have to make some very serious decisions. He referred to a letter in the Roanoke Times concerning the Mill Mountain Zoo and the Taubman Museum of Art. He also referred to storm water issues and the depletion of the school reserve fund. Mayor Bowers commented that he was proud of the work of the School Board and their relationship with the Superintendent. He further commented that while there was not an immediate crisis, he felt the next 15 to 18 months would be critical. Chairman Carson appreciated the Mayor's comments and said that the School Board always tried to keep the Members of Council aware of questions they may be asked while in line at the grocery store. He said that there was concern for school finances going forward but that he shuttered to think where the schools would be without the support from City Council. Chairman Carson stated that the school system issues, financial or otherwise, would not be an issue if the State stepped up and did what they were supposed to do. He pointed out that the state was currently funding the schools at the 2005-2006 level and if the City had not stepped up the funding formula and enacted the meals tax there would have been a serious crisis. 510 Council Member Ferris said that two years prior the City Manager, Director of Finance and representatives from the School Division had met and determined that the City's portion of school funding would be 40 percent of the City's revenues. He stated that there was optimism that the economy would expand and the schools would be able to predict their needs. He further stated that he would like to know what other First Cities and neighboring localities spend on schools above and beyond what the State provides. He agreed that the State needed to do what was constitutionally required which was to support the public school systems and to adequately fund them. He advised that Council could not impose a burden on the citizens of Roanoke to maintain something they did not assume. He further explained that education had to be a priority and again questioned where Roanoke stood in terms of their contributions to schools compared to other localities. He also asked if 40 percent funding from the City was sufficient; whereupon, Chairman Carson responded that the 40 percent funding premise had been based on the assumption that the State would keep up funding, which it had not and the only reason the schools had not regressed was due to the support of City Council. Vice-Mayor Rosen disagreed that Roanoke was facing a Fiscal Cliff and pointed out that Roanoke had been doing many things pro-actively to avoid the position that Washington and Richmond had found themselves in. He pointed out that expenses had been cut and up until the prior year, employees had gone without raises, and that the City was beginning to fund an insurance reserve and a rainy day fund. In addition, he stated that the City had reformed its pension system that was being funded at 80 percent while others around the country were only being funded at 60 percent. He mentioned that City staff had refunded bonds to save money and were making wise capital spending decisions on items that maintain infrastructure like storm water, sidewalks and streets rather than construction of new buildings and other projects. He pointed out that the school system had $25 million in reserve and the City was not in an immediate crisis. Council Member Bestpitch reiterated Mr. Carson's statement about the State's responsibility to education, advising that the people of Virginia needed to recognize that the State legislators needed to be held accountable to provide the necessary funding or everyone would be facing serious problems. He continued that citizens needed to make their voices heard and there should be more support for transportation, the arts and cultural institutions and especially public schools. He confirmed that the City of Roanoke had made education its number one priority and indicated that in addition to the schools, the libraries also receive educational funding. Council Member Bestpitch pointed out that lottery funding to the schools was a shell game and an accounting trick where school funding was often reduced by the same amount as the lottery contributions. 511 Council Member Lea also acknowledged that education was Roanoke City �•• Council's number one priority and that he was proud of the fact that Roanoke City Sri Schools were leaps and bounds ahead of where they had been not too many years earlier. He was proud of the decisions that Council had made and the City of Roanoke was moving forward; and often times when the Council has met with the State legislators it was more of a social meeting rather than discussing serious concerns and issues facing the City. Mayor Bowers reminded everyone about the joint meeting of Roanoke City Council and the Roanoke City School Board scheduled to be held on Monday, May 6 and another meeting on Monday, August 4, 2013. There being no further comments or business by the School Board, Chairman Carson declared the meeting adjourned at 10:27 a.m. There being no further comments by the Council, Mayor Bowers declared the Council meeting in recess at 10:27 a.m. At 10:46 a.m., the Council meeting was reconvened by Mayor Bowers and all Members of the Council in attendance, with the exception of Council Member Trinkle; and action was taken on the following agenda items: COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 Bestpitch moved that Council concur in the request of the Mayor as abovestated. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) q 512 COUNCIL: A communication from Council Member Anita J. Price, Chairman, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of the City Manager, City Attorney and City Clerk, 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 Price moved that Council concur in her request as abovestated. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located in the Roanoke Centre for Industry and Technology, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as abovestated. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. 513 BRIEFINGS: • Real Estate Reassessment for Fiscal Year 2013-2014: Ann Shawver, Director of Finance, announced that reassessment notices had been mailed to property owners and there had been a decline in assessments. However, she noted that over the past several years assessments had remained fairly stable and in the middle 2000's there had been reassessments in the 5, 6 and 7 percent range. She further noted that compared to other First Cities, Roanoke had remained stable and there had not been near the period of contraction that other communities had experienced. Ms. Shawver then introduced Susan Lower, Director of Real Estate Valuation, who presented the following information: State Law Requirements • The Code of Virginia requires that all real property be assessed for taxation at 100%of market value.Our City Code requires that all property be assessed on an annual basis.We notify property owners each January of any changes in the assessed values which will become effective July 1. • Only property owners that received a change in assessment were mailed a notice. This year's notices were mailed today,January 71h. Real Estate Assessment Projections FY 2013 - 2014 Fiscal Year %of %Increase Total Percent Reassessment From New Decrease Decrease Construction 2013-2014 -1 1 42 2 2012-2013 -1.64 0 41 -1.23 Seepage 20 formore h story on Roanoke s reassessments 514 Example of Sales Ratio Calculation .J • The ratio of an appraised value or assessed value to the sale price of a property. For Example: . Assessed Value = $180,000 ■ Sale Price = $200,000 • Sales Ratio = $180,000 = 90% $200,000 [ 2010 State Sales Ratio Study n<n91e 1.,"9, :•.Cin E.653 96,. v 1—_ Roanoke Sales Ratio History 120 ,00 _ _ p 60 I ' ' 1 ' ' 1 401 1 1 1 1 1 1 I I I I I I 2004 2005 2006 2007 2008 2009 2010 2011 2012 1 ■Prel nnary Ratio ■Posted Rate 1 3 515 RESIDENTIAL PROPERTIES 1 Roanoke Residential Sales Data ■ Change F'om Change From • Year 2010 2010 2017 7 2011 2012 • Number of valid Sales 840 •23% 494 -4% 075 i I Number of Foreclosures 399 •19% 327 -13% 203 Lsls8lan Bales Price 9132,100 _._ •2% f 9130.300 1% $132.000 • Wa.amS I,1+rih+.a Coneoacvnh*am.wary 1NOOCS.11 ai.y41yw 'Dote inch.%onh was sale" fair•ya*es �`'. 1017 i\ .a• w 2 S f l • Aif—\ r: 2tS i`. ,.a. ,. �` tiec Ate•'IJi:.". • • i 7. •a! • cep r 1 11„• a i C . • 516 j I30..-7md a...wm.w nry.. 2, - ..:., . . 4 lh.,, ,. ,st .,, , .....‘ -. .,. .„.,.....„ . .•, . t. .. .. . „ .....,....•. _ _. .....,,, ,,,. . , .„,..:.. y . .. c. .. ...-..*;---7:,i,-.,- -u...x. . ;(,-4-\--- _ ,014.r-tob ,::,..,... :4,-„...:,..v- ,... -N--x--*-... /4-4,!,:.-. ,__). :‘,. .r 1 s ' ROANOl.- •: REM.ESTA'E Tax Relief Programs Property Owner's Status: Elderly Tax Freeze Disability Tax Relief Program Veterans Tax Relief Program Real Estate Status: Rehabilitated Tax Abatement Land Use Program Solar Energy Abatement Energy Efficient- Reduced Tax Rate All programs require an apc cal r (See copy of presentation on file in the City Clerk's Office.) Council Member Lea said that in prior years, neighbors have talked to each other about their assessments and then asked questions regarding property assessments that were difficult to answer. Ms. Lower explained that assessments were often very complicated and her office stood ready to answer any questions. Council Member Price referred to Slide Number 10 and she questioned what it depicted. Ms. Lower explained that Slide Number 10 showed the increases and decreases for apartments and commercial property. She advised that 27,000 notices had been mailed out and only 2,000 of those notices were for increases in residential assessments. Ms. Shawver commented that there had been a range of residential changes but the average had been around two percent. 517 Mayor Bowers questioned if some property assessments had decreased two years in a row; whereupon, Ms. Lower answered in the affirmative. She advised that the decreases were especially prevalent in the areas that contained foreclosures. She further advised that while foreclosures had decreased, there had been 283 in the prior year and they had adversely affected the property values in the surrounding neighborhood. Ms. Shawver commented that the assessment for approximately two thirds of the residential properties in the City had decreased in the prior year and that approximately 60 percent had decreased in the current year. She further commented that while City staff did not like to see back to back declines, the good news was that the declines were not as severe. Steve Staker, Deputy Director or Real Estate Valuations, presented information regarding the Commercial Market Assessments: COMMERCIAL PROPERTIES P _ - _ _.„. ,;„-.,.„,,,...: ,r,_" . r L 2012 Commercial Sales Data YEAR 2010 %Change ' 2011 %Change 2012 from 2010 from 2011 Number of Valid 39 -15% 33 27% 42 Sales Using valid sales from Jan 1 to Oct 31 SOult.ProyaldalMWta 518 jornrnjjlndReeucaons NM En. New Construction Projects j New Fed Ex Facility. Regional Airport Terminal Remodel. Spectrum Sports Expansion. Kuumba Community Health Melrose.Center in the Square Renovations.Advanced Auto Cross Roads Renovations. Cook Out Grill —Hershberger. Dollar Stores.Steak'n Shake New and Ongoing Rehabs City Lofts. Crystal Tower. Shenandoah Building.River House.Lofts at West Station. COV Building.Billy's Ritz Buildings rIn Summary L • A majority of the City's residential neighborhoods declined • Commercial properties were relatively stable • Some increases in apartment values • New construction activity remains stable • • Sales ratios remain in Ilne with State standards • • 519 Appealing an Assessment • Appeal directly with the Office of Real Estate Valuation. Appeals are due by February drt. If a property owner does not agree with our appeal decision.they can file an appeal with the Board of Equalization. • If a property owner does not agree with the Board of Equalization's decision.they can then file suit In Circuit Court [ Questions & Comments J Susan Lower.SRA Stave Stoker Dnectorof Real Estate Veluahon Deputy Director of Real Estate Valuaeon Sate 250 NocIC TeytorBald,ng Surte 250 NoeIC Taylor Building 215W Church Ave.S W. 215 W.Church Ave.S W. Roanoke.VA 24011 Roanoke.VA 24011 ;5401853-2771 540,853-1845 KC Bretton Cook�a Nall Supeh sng Appreiser Suparv,smg Appraiser Surte 250 Noel C.Taylor Budding Sulta 250 NONC.Taylor Building 215W Church/we S.W. 215W Church Ave.SW Roanoke VA 2dON Roanoke VA 24011 5404853--1833 ;5401853-1835 [ APPENDIX ▪ Timeline of Assessment Process • History of Projected Assessments • History of the Appeals to REV and BOE • 2011 and 2012 Field Reviews • Tax Relief Programs 520 Timeline of Assessment Process • January: Notices mailed and hearings begin for citizens to appeal . February: Hearings end marl decisions • March: Board of Equalization(BOE)begins . March: Begin re-assessment process and appraisers field reviewing property data.sales and building permits . April S°': Second payment of tax bill due(previous assessment) • June 30°1: BOE complete • July 1f1: Begin new fiscal year • October 5o: First payment of tax bill due nex January assess.°:aue • October to December: Appraiser team finalizing re-assessment . December: Post and certify the new assessment values • December to January 1.: Proofing final values History of Roanoke's [ Assessment Changes mammy.. 10CM♦+M ,..•G•6raIM861 f.30.NIINpM4 1014 04OC6.1 '. I MREa3610tt.6•fE� 1:13 '17 1013 -166 ?at 415 1C�1 017 0+0 013 1010 --,._-- f0 116 131 7.1 ... N 108 176 .:OI IJ00 513 107 530 :'06 2007 788 ON 870 IDOL •N 10) 835 _— :v i0i3 390 113 711 + 505 106 I11 311 106 516 )ae 156 536 163 a L_ •' [History of Roanoke's Appeals .I Appeals to Real Estate Valuation Year 2008 2009 2.010 2011 2012 Parcel 230 87 72 74 158 Count Appeals to Board of Equalization Year 2008 2009 2010 2011 2012 Parcel 43 57 34 63 50 Count • 521 A, ,, A11{2111 i .s.„....4, . ,,,- 7 r : Apy ,ey.• w .e. ;,---, ..,.....— ... . . ( .0. , . ..... bath.;a r— • f a.16 'a.,^—. C___ C Council Member Bestpitch questioned what was being constructed adjacent to the new Cookout Grill on Hershberger Road, N. W. Mr. Staker answered that a Steak and Shake Restaurant was currently under construction at Crossroads Mall. Council Member Bestpitch commented that the addition of the two restaurants appeared to be a positive indicator that the Crossroads area was making a comeback. Mr. Staker answered in the affirmative and pointed out that the Crossroads area had manifested itself as an out parcel that was taking advantage of the nearby Valley View Mall. The City Manager reported that Valley View Mall was doing very well and that it should not be taken for granted. He said that many cities the age of Roanoke have vacant malls and some city manager conferences dedicate sessions on what to do with vacant malls. Mayor Bowers indicated that many of citizens would be receiving reassessment notices during the week and he asked when the deadline for appeals would occur. Mr. Staker advised that the deadline for appeals would be February 4. Ms. Shawver encouraged the Members of Council to direct citizens with questions to the Office of Real Estate Valuation. She said that staff was experienced and they do a great job. She emphasized that the process is data driven and an appeal process is in place for anyone that remains unhappy after the process has been explained to them. Mayor Bowers asked for a brief explanation of the tax relief program for the elderly and the disabled. Ms. Lower explained that the Commissioner of the Revenue handles the tax relief programs for the elderly, disabled and veterans. He questioned the eligibility for the elderly tax freeze; whereupon, Ms. Lower explained that a person must be over age 65 to apply and they must meet certain income and net worth stipulations. Evelyn Powers, City Treasurer, informed that citizens who are interested in Is tax relief should contact Sherman Holland, Commissioner of the Revenue, by April 1 to receive the forms that should be filed by June 30. 522 Ms. Shawver stated that the Veteran's program was relatively new and she did not believe it included income or net worth stipulations. However, she said that she believed there was a disability stipulation. She commented that with a little coordination with the Commissioner of the Revenue, staff could make certain to get information out about the tax relief programs so citizens are aware of the programs. Following the informative briefing, the Mayor advised that all comments would be received and filed. • Fiscal Year 2013 Budget/Financial Planning Work Session: Amelia Merchant, Director of Management and Budget and Ann Shawver, Director of Finance, shared the following information pertaining to the FY2013 Budget/Financial Planning Work Session: Projected Local Tax Revenue Fiscal Year 2014 FY13 FY14 5 Orow01 %QOWth Adopted Preliminary (Declinel (Deane, Fto4 Estee Tax $ 78.939,000 9 70356.000 $ 1581.000) ID 7%) Real Estee Doted Tax 403,055 596000 135.000 29 2% Pesonal Property Tax 18095,000 19,979.005 1.180 000 6 3% Sales Tax 18,768000 19,921,000 1.133.000 60% Meowed Food 8 Beverage 5% 12,502000 13.173.003 671.000 5 4% tmed BPOL Tax 12.828000 12.501.000 (125.0001 (10%) Transient Occupanq Ts, 3,153000 3899.000 535.000 17 0% Olher Local Taxes 29854.000 29.734.000 (120000) (04%) Total Lees!Taxes $ 170020.000 $ 177,892,000 $ 2.932.000 1.8% •As approved by City Council, the Downtown Service District Area was expanded by 10%resulting in a$135.000 increase in revenues •Effective January 1st, 2013. the Transient Occupancy tax increased 1% to fund the Roanoke Valley Convention and Visitors Bureau (RVCVB) Regional Tourism Marketing initiative. 3 523 E ..„ , Real Estate Taxes-Current FY06-FY12 9153 irgt» 910,m= 871.443 FUN 133.95 5 us.3: 8 E ao.xa , , , , 565 X3 , , , , , :::: i 1 1 • 1%50 U 3Ya •03 nce nm n•c nt, n•2 natal rear J Personal Property Taxes-Current FY06-FY12 sags. 0 e 114911 ste,93 51 8.500 Pe 344 e1.a91 '' E , P7.500 b3.000 1 III-1 1,e110 , 111 , 06.010 III , , , 915.100 J 'wall Year 5 Steady Sales Tax Growth over Prlor Three Years tots i Kahle opened In ty Minuet left City r Aim jib. : ± L 10 ilillaillr41.1.1°'.— aoe% 15.0% 00%1 a 8 , a a 3 a a a 4 a A Y 3 = - x ^ 4 r 4 r, ' x ,14 . ' 4 , A f4i 4eP f / - ' f1i fit YTD Sales Tax Growth Percent vs Prior Year 6 524 Consistent Strong Growth over time in Prepared Food Tax (Rate Adjusted FY11&FY12) AAlikk c „ � . ` 3 3 3 3 3 3 8 3 3 3 3 3 ° -° 44' -i;li" .9P • di4:" 4tdi4 YTD Prepared Food Tax Percent vs Prior Year 8 Food Tax by Month FY10-FY13 Rum —FY2011 ` - —FY2011 f>_� .- Stan - ' ' FY2013 A / - W00 . +.s' p4' Aso pio ,p` TQ' ••• e 0 Business and Occupational License Taxes-Current FY06-FY12 04 0)0 00500 50000 111.170 {17.{11 {12.6{1 - V)/0 {1;0w 1t1.000 , , , 1 = 1111.1443 / [u 500 01.000 00.500 no COO - 1,06 ro01 rY00 ry06 rY•C ,11 r1,1 MEW Yew -o 525 I: Significant increase in Lodging Tax Continuing into FY 2013 70% Due to Additional Media Coverage thru RVCVB Initiatives t ,9% . 5% 4. I t--1111111111111111111111111111W ... Mar 0 3 .f ili >r € ,fas f P .14of / 4f 1 .el f1Fk fas YTD Transient Occupancy Tax Growth Percent vs Prior Year 11 Lodging Tax by Month FY10-FY13 MO 1M —// ---;\-71-7 . 3• 1700 T / .-_. 1.,.!2010 I/ —rrzo++ / _ rY1+172 • ym —rY20U ' 1150 • 4110 12 Estimated Increase in Funding to Schools in FY14 710.2014I 11raraT MPS 6%MU Masud Prom Caliper! 10 MS FT 9111 9/ OK laGl Tasf9r ae S. 15,02005 1 177$57,000 0 2032.50 I 6% P almy P•spot.'e:-Os,•m.x.e.:>,•r..e.t 0026000 0076$00 00'% • TIN IMMUe SIOfed to S,anty WI Schools 1gN$N WM.IM MAN 1% Sean 01111■ISM•D2 0%5 aedw%ar sal R[R00eleeb g505 600000 13500 5% I.a a Tae%Deddteas R egMa 7 arm awaem+ 461.000 461000 IOC 0% Laa 7aes Dedue=1.711Jle PeRarm%Vain 17005 'MOO - 00% Leta Tae%DeKateOb KM Deed Pelt%once=stet 775$5 =WO 5.070 77% La97 ails Dlde21t0 lo II Wit teal BS ery PO:0MM llYaam 505 (35070) IN%) Laa7aes D edcau=C m ou Su =P ahmaax peme% 170$0 15000 SpLO 718 • MO 0e1t1449 117005 1700000 5761.00 497% MUM Revel15gearostesgw01sdms 101 97605 191,75.50. 77%.05 17% a me=4a49517 Sle9521 0000% It S% IC T% PWg4kh.Io t W7/94th I R/A.N I 117.11 12% An increase in School funding of 1.2%or S902,000 from FY13(adopted) to FY14 13 526 Dates to Watch for Refinement of Local Tax Estimates • Jan 31St— appeal period ends for real estate • Late Feb — real estate estimate refined • February — NADA data available for 2013 vehicular values; personal property estimate updated • March 1 — Business license tax due date • Mid March - BPOL estimate refined • Early April — Commissioner of Revenue releases 2013 personal property levy • Mid April — personal property estimate finalized Identified FY 2013-2014 Cost Increases Total: $3,297,901 • Medical - $648,654 - Six months of January 2013 increase - Anticipated increase of 10%in employer share January 2014 • Dental - $12,249 - Anticipated increase of 5%in employer share January 2014 • Retirement Health Savings Account(RHSA) - $759,354 - 1%contribution for all employees • Community College Access Program - $100,000 - City commitment to Virginia Western Community College is Identified FY 2013-2014 Cost Increases (continued) • Affordable Healthcare Act-$1.527.644 - FY 2013-2014:$222.044 • Medical and Dental Insurance coverage for 19 Part-Time Employees-5112,746 — 12 month average of 30+hour threshold employees • Headcount Tax-53.363 — $2 for each employee • Reinsurance Program-5105.935 — 563 per employee per year(1 681.5 positions) — Effective January 1.2014 -S52.968 for 6 months of FY 2014 — Effective for 3 years - FY 2014-2015:$1.305.600 • Medical and Dental Insurance coverage for 200 employees currently not participating in City health plan — Build capacity in FY 2014 for FY 2015 requirement '6 527 Identified FY 2013-2014 Cost Increases (continued) • Reserves - $250,000 — Increase in base funding above current$625,000 level • Life Insurance — Current rate of 1.19% • VRS —Sheriff — Current rate of 22.42% • Pay Raise — 1%Salary increase=S760 000 Citizen Budget Academy • Saturday, January 12, 2013 -8:30 a.m.-2:00 p.m. - Roanoke Higher Education Center, Room 409 - Snow Date: January 26, 2013 - Follow-Up Date: April 6, 2013 • Topics: Budget Overview, Budgeting for Outcomes, Budget Balancing Exercises • 20 citizens scheduled to participate Next Steps • Budget Offers due today, January 7, 2013 • DMB Staff and Priority Team Reviews • Council Briefing— February 4, 2013 - Price of Government -Offers by Priority -Capital Planning '9 528 Appendix Contraction in Cyclical Trending in Admissions Tax over Last 0% Four Years 11. AL / 2 - IP/ Ty 5f . on V 8 a S e a S 8 8 fi P = 9 a s D YTD Admissions Tax Growth Percent vs Prior Year 21 Steady Cigarette Tax Growth Despite Stamp Purchase Fluctuations rt„ A Ira !e. !1! ' a a a a S a e a a P s YTD Cigarette Tax Growth Percent vs Prior Year (See copy of presentation on file in the City Clerk's Office.) Council Member Ferris questioned if there had been a change in the BPOL (Business, Professional, and Occupational License) formulas from 2006 to 2012; whereupon, Ms. Shawver responded that the last change in BPOL taxation had been in the mid to late 90's and it involved businesses with gross proceeds of $100,000.00 or less. Council Member Ferris stated that the BPOL numbers indicated what was really going on in business and stated that the level had not returned to the 2009 levels. Ms. Shawver agreed that the BPOL numbers had not returned to the 2009 level and pointed out that the there is a lag in BPOL reporting because it is reported on a calendar year basis. Council Member Ferris commented that the BPOL numbers were more of a global indicator because they also include professional, manufacturing and contract income whereas the sales tax was driven only by retail sales. 529 Council Member Lea questioned if there was data on how many students have actually taken advantage of the College Access Program. He said that he would like to know how many of the students were actually going to finish college. He commented that he was glad that the City of Roanoke was participating in the program and it was a positive thing. Council Member Price said that she would like for the stipulations and requirements for the program to be included in the report. Council Member Ferris stated that he realized that staff was still in the budgeting process; however, he questioned if the revenue increase projections of $2.8 million was based on local tax revenue only. Ms. Shawver answered in the affirmative and indicated there was currently a $1.9 million gap that the budget committee would have to bridge. Council Member Ferris asked if management had a goal of providing a two percent increase for employees. The City Manager responded in the affirmative. Council Member Lea stated that he was hopeful the Citizen Budget Committee was a representation of the entire City. Ms. Merchant responded that the Committee had been created based on addresses because that was the only available data for the volunteers but she would gather information to present to the Members of Council. Council Member Lea said that it was important for the entire City to have input on the budget process and he thanked staff for their efforts in that regard. Ms. Merchant reminded that Members of City Council would be briefed on the price of government at the February 4 Council Meeting. She said the price of government; the offers of the seven budget teams and outside agencies; and the capital planning process would be shared at that time. Council Member Bestpitch commented that the City of Roanoke's budget could potentially be impacted by reductions in the Federal and State Government budgets and the difference would have to be made up by the localities. Following comments by the Council Members, Mayor Bowers stated that the briefing would be received and filed. • Parks and Recreation Foundation: Steve Buschor, Director of Parks and Recreation, informed that staff had been working to develop a City of Roanoke Parks and Recreation foundation for a number of years. The City Manager emphasized that the City had seen real success with the creation of the Library Foundation and that it was a great mechanism to help with very important programs. He pointed out that one of the biggest contributors to the Library *„! Foundation lives in New York. The City Manager introduced Michael Clark, Manager of Parks and Recreation, who gave an overview of the Parks and Recreation Foundation ,r, as follows: 530 Overview 77.The Roanoke Park Foundation, Inc. will be committed to the support, betterment and preservation of the City's park system and its programs and services. The Foundation will support the Department of Parks and Recreation by raising private funds, obtaining grants and creating partnerships that supplement General Fund dollars to meet the community's needs. w ROAN<*f Purpose and Function '-'The Foundation's activities will focus on the following: T Fundraise-Raise monies for capital improvement projects throughout the City's park system,receive and maintain funds,hold real property,and apply such funds or property as necessary. °'Market-Increase public support,awareness. understanding,interest,and utilization of the City's parks and programs. s•Preserve-Foster stewardship of the City's natural and historical resources. r Support-Offer assistance,experience,knowledge,or advice to City staff. -_ larreI Formation Five(5)members initially appointed to the Foundation Board of Directors 'Initial members will be appointed by the Parks and Recreation Advisory Board Parks and Recreation staff will support Board function The Board will subsequently be self-appointing V>NVKC 531 Potential Activities The Foundation may undertake several fund raising and awareness activities such as: Annual Membership Meeting and Cookout I loliday Galas Neighborhood Block/Park Parties .'Arts and Crafts Shows .=Charitable Sports Tournaments Potential Projects r Funds raised by the Foundation will potentially assist the Department in many ways, for operations and capital improvement. Examples include: _'-Access to PLAY Youth Scholarship Fund Park Playground improvements and Replacements Park Shelter Improvements and Replacements ▪ Recreation Center Renovations and Additions ▪ Installation of Park Signage and Other Park Amenities Kl;4rUKl ri.' Next Steps "PRAB Briefing at December Meeting '"Selection of Initial Board in January "Filing of Bylaws and Articles of Incorporation in 2013 41/4' +tIKL (See copy of presentation on file in the City Clerk's Office.) 532 Mr. Clark advised that the Parks and Recreation Foundation had initially been suggested in the 2000 Master Plan. He further advised that over $70 million in park capital improvements had been identified in the 2007 Master Plan and those improvements had helped spur the need for a private sector fundraising arm. Mr. Clark indicated that the four primary functions of the Parks and Recreation Foundation would be to: fundraise, market, preserve and support. He elaborated that fundraising was not only necessary for capital improvements but also to help provide scholarships to allow young people to participate in all of the programs and team sports. He further elaborated that a marketing campaign was necessary to increase participation in programs by getting the word out so that everyone knew about the many opportunities being offered and would help foster stewardship of the natural and historical resources in the City. In addition, he pointed out that the Parks and Recreation Foundation would provide an avenue for individuals to contribute directly to programs and provide support to staff. Council Member Rosen asked if the Parks and Recreation Foundation would be able to hold Real Estate that had been donated for the benefit of the Department of Parks and Recreation and if the foundation would have to pay real estate taxes. Mr. Clark answered that he was not sure and he would have to research and follow up. Council Member Bestpitch said that it seemed possible that individuals could bequeath property that could be sold for the financial benefit of Parks and Recreation; whereupon, Mr. Clark agreed. Mr. Clark advised that the intention was for the Foundation to be a separate entity with the Parks and Recreation Advisory Board appointing the initial Board of five members and the Board to be self-appointing after that. He further advised that the Board would host holiday galas, block parties, arts and craft shows, fundraising and awareness events. In addition, Mr. Clark said that the board would manage a scholarship fund and assist with park improvements in the more than 70 park properties across the City. Council Member Bestpitch questioned if the Parks and Recreation Foundation could be used to raise funds for programming at the recreation centers. Mr. Clark answered in the affirmative and he pointed out that current programming is structured so that registration fees cover 100 percent of the costs, which would allow the Foundation to concentrate on capital improvements. He continued saying that the Department of Parks and Recreation works with the Department of Social Services to process applications for $100.00 or $200.00 scholarships for individuals 17 years old or younger to use for Parks and Recreation activities. 533 Council Member Bestpitch inquired if an adequate level of recreational and other types of recreation center activities such as arts and crafts and music programs were being offered to young people. Mr. Clark replied that the Department of Parks and Recreation prided itself on their reasonably priced, diverse offerings but there were some private sector resources available to offer specialized instruction if the funds were available. Council Member Price asked how the initial board for the Parks and Recreation Foundation would be selected. Mr. Clark answered that the application process would be similar to application for appointment to any board or commission with the Parks and Recreation Advisory Board making the selection at their March meeting. Council Member Price said that she was pleased with the initial list of potential projects and she questioned if those projects were just a framework for future endeavors. Mr. Clark advised that the Department of Parks and Recreation would work with the Foundation to identify specific projects and to help guide the members through the steps. The City Attorney questioned how the Department of Parks and Recreation anticipated organizing the entity and who would be providing legal and accounting support such as the IRS letter for tax exempt status; whereupon, Mr. Clark answered that the Foundation would be responsible for obtaining their own legal counsel and they hoped that a member of the initial board would be a practicing attorney. He continued that a number of documents pertaining to the Foundation had already been drafted with the assistance of Steve Talevi, Assistant City Attorney, and those drafts would be handed off to whomever the Foundation chose as their legal counsel. The City Attorney recommended that an accountant be selected as a member of the Foundation because filing the IRS letter would be a critical component to ensure that donations would be tax exempt. For that reason, he encouraged the formation of a 501(c)(4) entity rather than a 501(c)(3). There being no additional discussion regarding the briefing, the Mayor stated that the presentation and comments would be received and filed. At 12:35 p.m., the Mayor declared the meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. 534 At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor David Bowers presiding and all Members of the Council in attendance, except for Council Member Trinkle. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Council Member David B. Trinkle-1. The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Tim P. Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The Mayor recognized eligible City employees with 30, 35 and 40 years of service during the calendar year of 2012. The Mayor presented plaques to the following individuals in recognition of 30 years of service with the City of Roanoke: Henry English, Police Department; Clayton Martin, Fire-EMS Department; Patricia Palmer, Human Services/Social Services Department; Stephen Sutherland, Sheriff's Department; and Sheila Umberger, Libraries. The Mayor presented plaques to the following individuals in recognition of 35 years of service with the City: Marvin Alexander, Solid Waste Management; Teresa Edwards, Department of Technology; Donna Johnson, Department of Technology; Stephanie Moon, Office of the City Clerk; Meg Munton, Engineering Department; and Robert Swain, Transportation Division. 535 The Mayor presented proclamations and clocks to Retired Roanoke Police officer Harold F. Wallack, in recognition of 40 years of outstanding service to the Roanoke Police Department; and to Lawrence "Larry" Taylor for 40 years of outstanding service with Fleet Management. (See ceremonial copies of the proclamations on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. George Riles appeared before the Council and requested a meeting with the City Attorney to discuss a possible conflict of interest and fiar business practices and possible illegal process in merging 501(c) non-profit organizations. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are 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 were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, November 19, 2012; 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 Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) 536 LEASES-COMMUNITY GARDEN: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the lease of approximately 0.3664 acres of land located on the northeast corner of 13th Street and Cleveland Avenue, S. W., to the Roanoke Community Garden Association, Inc., for the operation of a community garden, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as above stated. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) LEGISLATION: A communication from the City Attorney with regard to a request from Jim Hammestrom, Stephen Painter and Elliott Wheeler that Council adopt a measure supporting an amendment to the United States Constitution. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the report be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION PENSION-CITY PLANNING COMMISSION-ROANOKE ARTS COMMISSION: Reports of qualification of the following individuals, were before the Council: James M. Bullington as a City representative of the Roanoke Valley- Alleghany Regional Commission for a term ending June 30, 2015; 537 Gregory W. Feldmann as a City representative of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term of Jeffrey Rakes ending June 30, 2013; Lora J. Katz as a member of the City Planning Commission for a four-year term of office ending December 31, 2016; and Benjamin S. Crawford as a member of the Roanoke Arts Commission to fill the unexpired term of Scott I. Burton ending June 30, 2014. (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 Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GRANTS-FIRE/EMS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for grants from the Virginia Department of Fire Programs for Fiscal Years 2012 and 2013 to be used by the Roanoke Fire-EMS Department. (For full text, see communication on file in the City Clerk's Office.) 538 Council Member Bestpitch offered the following resolution: (39561-010713) A RESOLUTION authorizing acceptance of the FY2012 and FY2013 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. 76, page 79.) Council Member Bestpitch moved the adoption of Resolution No.39561-010713. The motion was seconded by Council Member Ferris and was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) Council Member Bestpitch offered the following budget ordinance: (#39562-010713) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 80.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39562- 010713. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) BUDGET—STREETS-TRAFFIC: The City Manager submitted a written communication recommending transfer and reallocation of funds in connection with completion of the Aviation Drive and Towne Square Intersection Improvement Project. (For full text, see communication on file in the City Clerk's Office.) 539 Council Member Ferris offered the following budget ordinance: (#39563-010713) AN ORDINANCE to transfer funding from the Aviation & Towne Square Boulevard project to the Capital Street Paving FY14, Neighborhood Storm Drains, and 9th Street S. E. Over Roanoke River Bridge Renovation projects, amending and reordaining certain sections of the 2012-2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. For full text of resolution, see Ordinance Book No. 76, page 81.) Council Member Ferris moved the adoption of Biudget Ordinance No. 39563- 010713. The motion was seconded by Vice-Mayor Rosen and Council Member Bestpitch. . The City Manager gave a brief overview regarding the orgination of the project at Aviation Drive and Town Square Boulevard, advising that the project had come in at approximately $230,000.00 under budget and the money was being reallocated to three other projects. He mentioned that those projects were the Ninth Street, S. E. Bridge renovation; neighborhood storm drain projects; and the balance would be placed in an account that is matched by VDOT for street paving. In closing, he emphasized the City's commitment to its infrastructure as a key to economic development. There being no further questions and/or comments by the Members of Council, Ordinance No.39563-010713 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) CITY MANAGER COMMENTS: The City Manager shared the following comments: New Director of Planning, Building and Development • Christopher L. Chittum has been named as the Director of the Planning, Building and Development Department after a national search that resulted in 56 applicants for the position; • Chris will be responsible for leading Code Enforcement, Planning and Neighborhood Services, Development Review, Building Inspections, and the HUD Community Resource Team. He will also serve on the city's Leadership Team; • He brings to the job 22 years of experience in planning and community development at the local government level; 540 • He has been with the city since 1993, and most recently served as Planning Administrator, managing all operations of the 17- member Planning Division team, including long-range planning; policy formulation and implementation; and administration of zoning, subdivision, storm water management, and erosion and sediment control ordinances. He has also provided support to the Planning Commission, Board of Zoning Appeals, and Architectural Review Board; and . • Chris' new position will be effective Tuesday, January 8., City receives highest ISO rating • On January 3, 2013, Insurance Service Office (ISO) notified the City of Roanoke's Building Commissioner that the city has received a Grade 1 for commercial properties and Grade 2 for residential properties; • Only four communities in the nation received a Grade 1 rating in commercial properties and none in Commonwealth of Virginia; • This information is shared with the insurance underwriters and premium development programs for residential and commercial properties, and has the potential to make residential and commercial property insurance premiums lower. The anticipated upshot: safer buildings, less damage, and lower insured losses from catastrophes; • Recent accreditation propelled the Building Inspections Division to this level of administering the Code and earning these evaluations; • ISO is a national advisory organization that assists local governments by collecting information on municipal services to help communities with their efforts to manage and mitigate their risk; and • ISO assesses the building codes in effect in individual communities and how those communities enforce their building codes. The assessments place special emphasis on mitigation of losses from natural hazards. Career, Lifestyle, and Financial Fitness Fair • Tuesday, January 8 from 8:30 a.m. to 12:30 p.m.; • Roanoke Civic Center, Special Events Center; • Admission to the fair for attendees and exhibitors/vendors is free; • The event provides the opportunity for job seekers to meet face-to-face with employers to learn of available positions and the best way to proceed with the application process; 541 • Sponsored by WDBJ7, The Renick Group, National College, Roanoke Valley Society for Human Resource Management, the City's Department of Economic Development, the County of Roanoke, and the City of Salem; and • More than 50 organizations will be represented at the event. COMMITTEES-ELECTIONS: The City Attorney submitted written report recommending adoption of a resolution establishing an ad hoc Election Precincts Task Force. (See copy of report on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39564-010713) A RESOLUTION appointing a task force to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation. (For full text of resolution, see Resolution Book No. 76, page 82.) Council Member Bestpitch moved the adoption of Resolution No. 39564-010713. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) DIRECTOR OF FINANCE: BONDS-CAPITAL IMPROVEMENT PROJECTS: The Director of Finance submitted a written report recommending authorization to issue not to exceed $70 million principal amount in refunding bonds on or before June 30, 2014, in order to proactively manage and pursue additional refunding opportunities. (For full text, see report on file in the City Clerk's Office.) 542 Council Member Ferris offered the following resolution: (#39565-010713) A RESOLUTION authorizing the Issuance and sale of not to exceed seventy million dollars ($70,000,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the city to enter into one or more bond purchase contracts by and between the city and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the city and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds (For full text of resolution, see Resolution Book No. 76, page 85.) Council Member Ferris moved the adoption of Resolution No. 39565-010713. The motion was seconded by Council Member Bestpitch and Vice-Mayor Rosen. For clarification purposes for the request, the Director of Finance stated that according to the City Debt Policy, the City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or in the event of financial emergencies or hardships; and the City's goal is to obtain net present value savings, net of issuance costs, of at least three percent of the principal amount of the refunded bonds, and to remain compliant with the City's debt policies. Ms. Shawver further stated that the savings threshold was three percent net present value and bonds with potential savings between the present and June 30, 2014; and based upon discussions with the City's financial advisor, Public Financial Management, Inc., the City was currently in the position to reap savings from refunding bonds, and since interest rates fluctuate daily, it was imperative to the success of a refunding that the City act quickly once interest rates enable City officials to achieve an acceptable level of savings. 543 In conclusion, she commented that the intention was to sell the bonds, along with refunding bonds within the next two months; and when the bonds were sold, the City would receive a premium as well as paying the five percent interest. Vice-Mayor Rosen questioned if the issuance costs were included; whereupon, the Director of Finance responded that the sooner a bond was refunded, the more costs were associated with it, that investors want to hold onto the higher interest rates as long as possible before the bonds mature; adding that the reason for setting thresholds was to determine whether it was beneficial for the City to sell the bonds. There being no additional inquiries and/or comments by the Council, Resolution No. 39565-010713 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of November 2012. (For full text, see Financial Report on file in the City Clerk's Office.) Ms. Shawver highlighted various aspects of the November FY13 Financial Report ,and stated that overall the economy had continued to expand at a moderate pace; and that City taxes remain stable thus far in FY13, adding that sales tax has grown, and the City continues to benefit from consumer spending through the meals and lodging taxes. Without objection by the Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 39557, to vacate an approximately 1 ,201 square foot portion of the alley adjacent to with 1124 16th Street, S. E., having previously been before the Council for its first reading on Monday, December 17, 2012, read and adopted on its first reading and laid over, was again before the Council for its second and final reading, 544 Council Member Bestpitch offered the following ordinance: (#39557-010713) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter. (For full text of resolution, see Ordinance Book No. 76, page 77.) Council Member Bestpitch moved the adoption of Ordinance No. 39557-010713. The motion was seconded by Council Member Ferris. Council Member Bestpitch offered his apologies for delaying the adoption of the measure. He explained that when he first reviewed the item for action at the previousl Council meeting, he incorrectly thought the intention was to combine one lot that faces 16th Street, SE with a second lot that faces Clinton Avenue, whereby creating a T- shaped lot that would wrap around two other lots that face 16th Street. After coming to the realization that the Embrys own all four lots and their intention was to combine them on a new subdivided plat, he still had not been able to figure out exactly where the intent to combine the lots was described in the ordinance, but he had been assured by staff and on good faith, he would vote to approve the ordinance. There being no further comments by the Members of Council, Ordinance No.39557-010713 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Ferris encouraged participation in the Roanoke 100 Miler that had begun on January 7 and would continue until April 15. He said that over 800 participants from at least five states had registered to complete 100 miles of activity in 100 days. He added that more information was available at www.roanoke100miler.com. At 3:02 p.m., the Council meeting was declared in recess for continuation of the Closed Meeting in the Council's Conference Room. 545 At 4:35 p.m., the meeting reconvened in the Council Chamber, Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Trinkle. COUNCIL: With respect to the Closed Meeting just concluded Council Member Price 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 Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Council Member Trinkle was absent.) OATHS OF OFFICE-MILL MOUNTAIN ADVISORY COMMITTEE: The Mayor called attention to vacancies on the Mill Mountain Advisory Board created by the expiration of the three-year terms of office of Eddie Wallace, Carl Kopitzke and Kae Bolling ending June 30, 2012; and the unexpired term of office of Richard Walters ending June 30, 2013.; whereupon, he opened the floor for nominations. Council Member Ferris placed in nomination the names of David Lake, Kae Bolling and Thomas Turner. There being no further nominations, Mr. Lake was appointed to replace Mr. Wallace and Ms. Bolling was reappointed term of office ending June 30, 2015; and Mr. Turner was appointed to fill the unexpired term of Richard Walters (Zoo representative) ending June 30, 2013 as members of the Mill Mountain Advisory Committee by the following vote: FOR MS. BOLLING, AND MESSRS. LAKE AND TURNER: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. (Council Member Trinkle was absent.) 546 OATHS OF OFFICE-DEFINED COMPENSATION BOARD: The Mayor called attention to Ordinance No. 39450-071612 adopted on July 16, 2012, to establish and maintain a defined contribution plan. He advised that the measure further mentioned the appointment of the City Manager, Director of Finance and Human Resources Director to serve as ex-officio members and two additional members to serve as designees of the Director of Finance and City Manager; whereupon, the Mayor opened the floor for nominations. Council Member Ferris placed in nomination the names of Andrea F. Trent, Assistant Director of Finance, designee of the Finance Director; and Sherman M. Stovall, Assistant City Manager for Operations, designee of the City Manager. There being no further nominations, Christopher P. Morrill, City Manager; Ann H. Shawver, Director of Finance; Carolyn H. Glover, Director of Human Resources, as ex- officio members; and Sherman M. Stovall, Assistant City Manager for Operations, and Andrea F. Trent, Assistant Director of Finance, were appointed as City Manager and Director of Finance designees, respectively, to serve as members of the Defined Compensation Board by the following vote: FOR MR. MORRILL, MS. SHAWVER, MS. GLOVER, MR. STOVALL AND MS. TRENT: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. (Council Member Trinkle was absent.) Council Member Bestpitch moved that the City residency requirements for Ms. Trent be waived in this instance. The motion was seconded by Council Member Lea and adopted. It was also noted that terms of office for the two designees would be established at a later date. There being no further business, the Mayor declared the Council meeting adjourned at 4:40 p.m. APPROVED ATTEST: ) fis,14Q/6,,t4i)(W).Stephanie M. Moon, MMC Davi . owers City Clerk Mayor 547 ROANOKE CITY COUNCIL—REGULAR SESSION January 22, 2013 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 22, 2013, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Maurita Wiggins, Pastor, Valley Community Church of Divine Science. The Mayor asked for a Moment of Silence in memory of Jim Thomas, Council Member Ferris' father-in-law. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Ferris offered the following resolution memorializing the late former Vice-Mayor and Council Member James G. Harvey, II. (#39566-012213) A RESOLUTION memorializing the late James G. "Jimmy" Harvey, II, former Vice-Mayor and Member of Council. (For full text of resolution, see Resolution Book No. 76, page 105.) 548 Council Member Ferris moved the adoption of Resolution No. 39566-012213. The motion was seconded by Council Members Trinkle and Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. The Mayor presented a ceremonial copy of Resolution No. 39566-012213 to Elizabeth Watson, a long-time friend. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Larry Black appeared before the Council and spoke about the construction in the Market Square; and asked the City Administration to keep the vendors and retailers in mind as the project moves forward. Mark Woods appeared before the Council and spoke about the timing of the construction in the Market Square are; and alluded to a conversation with Downtown Roanoke Incorporated (DRI) asking that the renovations commence during the winter months. Without objection by the Council, the matter was referred to the City Manager for report at the February 4 Council meeting. The City Manager was also instructed to include information regarding festivals and the Farmers' Market. Council Member Price asked the City Manager to include the grand re-opening of Center in the Square in his report on the impact of the Market Square Project. Council Member Bestpitch asked Mr. Woods if it was his understanding that City Staff and DRI was working together to determine alternate locations; whereupon, Mr. Woods answered in the affirmative. Council Member Bestpitch then raised the questioned if it was also his understanding that there an effort to provide a place for farmers and other vendors to be active during the time of construction would be available; and again, Mr. Woods answered in the affirmative. 549 Council Member Bestpitch inquired if Market Street would remain open during the construction. Mr. Woods said that Market Street would likely be closed for approximately 50 percent of the time during construction because of the installation of storm drains in downtown. Council Member Bestpitch indicated that even though details would be forth coming, the majority of the time Market Street should be open and available for vehicular traffic. He agreed that it would have been much better if the project had started soon after the conclusion of Dickens of a Christmas and completed by the end of March or April 2013; but he thought that it was extremely irresponsible for someone to come to Council and try to get word out to the public that there would be a shutdown of the Roanoke City Farmers' Market, adding by doing so, it would negatively impact all businesses in the downtown area. Council Member Ferris stated that one of the problems was relaying correct information to the public; and emphasized that the Market would not be closed, however, there may be a temporary relocation of the Market vendors, with a concerted effort to bring more business to downtown. The City Manager indicated that the first slide of his economic development presentation that he shares around the country is the Farmers' Market, adding the Market is very important to downtown and while the Market Square project was not part of the original capital improvement plan, a local business person had worked with DRI, to meet with stakeholders in the area, and then the City's Engineering Department took over to determine what type of infrastructure existed below the surface. He explained ... that one of the critical path items was the time spent working with AEP who determined electrical improvements to the Market would cost $107,000.00 and it was agreed that AEP would pay 50 percent of those costs. He noted that the project had to be approved by the Historic Review Board prior to being returned to DRI who had conducted meetings with all stakeholders in the area. The City Manager advised that Request for Proposals for the work would go out the following week with a deadline in mid-February 2013. He further advised that the bid packages would request a bid alternate for completion of the work within 90 days instead of 120 days, with Market Street staying open for at least 85 percent of the time; and the western sidewalk would be replaced, which would only take a few days. The Manager remarked that vendors would possibly be relocated to areas around the Market Building and the Market Garage; and that City Staff and DRI would likely use the opportunity during the time of construction to get the word out about the Market Project. In consideration of putting off the project until January 2014, the City Manager advised that the delay would cause funding issues, possible weather related problems and cause the length of time before completion of the project to be extended. He emphasized that the strategic investment in the downtown area was critical if Roanoke wanted to compete with other cities. In closing, he stated that City staff will provide an update on the project at the February 4, 2013 Council meeting. 550 Regarding festivals, the City Manager indicated that DRI would be taking the lead with coordinating the McDonald's St. Patrick Day Parade; and the BB&T Party in the Park would take place every Thursday night beginning May 23 to September 12, 2013, adding that all other festivals were scheduled as planned and the City would make necessary accommodations to ensure that minimum disruptions occurred with regard to the events. There being no additional questions and/or comments regarding the matter, the Mayor advised that comments would be received and filed. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. Mayor Bowers called attention to a request of the City Manager for a Closed Meeting. PURCHASE/SALE OF PROPERTY-YMCA: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss disposition of publicly-owned property, being the former YMCA, located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. ANNUAL REPORTS-ASSESSMENTS: A communication from the Honorable Clifford R. Weckstein, Judge, Twenty-third Judicial Circuit of Virginia, transmitting the Annual Report of the Board of Equalization for taxable year July 1, 2011 through June 30, 2012, was before the Council. (See communication on file in the City Clerk's Office.) 551 Vice-Mayor Rosen moved that the report be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. AUDIT COMMITTEE: Minutes of the Audit Committee held on Monday, December 17, 2012, was before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the minutes be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-CITY PLANNING COMMISSION: Reports of qualification of Chad Van Hyning and Mark K. Futrell as members of the City Planning Commission for terms of office of four years, each, ending December 31, 2016, was before the Council: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. 552 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: Stormwater Program Update The City Manager introduced Phil Schirmer, City Engineer, who explained that the purpose of the storm water update briefing was to provide information regarding the process and cost. He called attention to newly mandated changes in the regulatory environment, adding that he would present necessary information to ensure Roanoke was in compliance. He pointed out that the recommendations would require resources and an identified funding source. As part of his presentation, he shared the following: Introduction • Progress update on storm drain capital projects and funding • Evolving water quality regulations and mandated requirements • Mandated regulatory changes to the development process • Update on stormwater utilities Important Take Aways • Our rivers and streams are polluted. The EPA has made water quality improvement a high priority • The City of Roanoke is permitted by the state to discharge stormwater • Non point source pollution is a national problem • Aging and inadequate storm drain infrastructure will require decades to repair, replace and renovate • We all share in nonpoint source pollutant contributions and we all need to work together to improve water quality in our rivers and streams 553 Mr. Schirmer introduced Luke Pugh, Civil Engineer, who spoke about funding for the Storm Water Capital Improvement Projects, and he shared the following information: 5.. Capital Improvement Program Completed Protects-2012 ROA OKE y:KIS ;' • Moomaw Heights Drainage Project FY 1012 logo ow vooi f1.ln 1_ ' ?�j' --=sue FY 2013 S1,tx0.ono $112n,cw f2,3w,ro3 T. ��� jy Fv301a 511ffiCro f11M.M10• $2240,00] ■ I FY2015 51,120.000 f1120000 FY2015 $1,120,000 S1,120,000 • - l FY 201? $1110,000 31120. ) •Pending ne T s b720000 $2NOOW fe,eT,® .T Pending vDOTASpovai S Completed Projects-2012 SH Completed Projects-2012 !f" no..NOSE o.rvovc • Peters Creek Stream Bank • Gordon Avenue Drainage Project Stabilization 575000 $350.480.00 r 1r• ... r - • T Est —: Completed Projects-2012 R Upcoming Projects-2013 � R • Hunt Avenue/Liberty Road /l Drainage Project //� 501,330 - _ -i - • Westover Avenue Drainage Project • Belle Avenue/Kmg # ' /:' .- Street Drainage Project .r • Fresno Avenue Z• . Drainage Project 554 Upcoming Projects-2014 MI li Upcoming Projects-2015 li>® J nO4rvwE 'OA rvoxe • DueiangAa je MI Drainage Project • Vernon Avenue • Wintlag Avenue Drainage Prefect Drainage Project • Wyomi gAvenue [ • Mown Avenue Drainage Project - Drainage Project Council Member Ferris questioned if anyone had been to the home on Salem Avenue after the most recent rain event to see how effective the project had been. Mr. Pugh replied that he and an inspector from the Department of Engineering had visited the site and determined the project had been very successful. Council Member Ferris asked if funding had been allocated for the projects that were listed in the presentation; whereupon, Mr. Pugh answered in the affirmative. Council Member Ferris pointed out that most of the requests for funding were dealing ^, with volume of water but that the Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA) concerns' were for the quality of water. Mr. • Pugh explained that one of the most recent projects had addressed a water volume issue that in turn had corrected a sediment issue which had affected the water quality. Following comments regarding Roanoke's Storm Drain Capital Improvement projects, the City Manager recognized Christopher Blakeman, Environmental Administrator, to share information regarding the municipal separate storm sewer system — MS4. Mr. Blakeman advised that one of his roles was environmental compliance assurance which involved storm water. He explained that when rain events occur after prolonged periods without rain, it causes a flushing affect and the question becomes how to prevent contamination from the subsequent runoff. Mr. Blakeman pointed out that the City of Roanoke was a regulated entity and a regulator which forces the City to implement and enforce the conditions of the MS4 permits related to storm water. 555 • OW Water Quality •O�ANOOKL Regulatory Brief 'ea NOKE • Clean Water Act-TMOL tan%. • Restore Duality of Impaired p k Waters ,•,.` b • Control Sources with °Pollution Diet'for all sources in ( - vA (�(� +4} Discharge Permits watershed ppasteLoad Ao uocs) L !A � `ry 1. Municipal Separate Storm• - Example:Sediment - NC� ,,. +� Sewer System(11S4) •-Mowed 1,487 Tonsgr 2. Camini ion Projects and Lag - In 2012*discharged approx. "'° zit..L6nA 1a —_' \, Term Slormwaler Canal 1,970 Tons of seiment is our d." ROANOKE ,1 • City:Regulated and stomiseaersystn ,w 0 ` .EA,"EV. it Regulator for both oflhese •WecsdImplweenteem Plan: Ct57m.,ngtu permRs Slop theema483Tns - Implement and Enforce MS4 Permit Conditions MS4 Permit Conditionscont. ear ROANOKE ROANOKE 2.Increase Public Education Seven Major Compliance Requirements 3.Actively Foster Public Involvement - Focus on highest priority water quality issues 1.Create Pollution Diet Action Plans • Sediment Bacteria.Fuep04 Chemicals - Speeffic actions the City will take to net Waste Load - Target highestthreat/risk audiences Allocations • Businesses and itsehjoos - Evaluate wlmonitoring 8 modetg -Actively faatitate their engagement - Document performance w/progress repots - Demonstrate success.or adjust to so Gly oBCainke D7 o•4aa ate e. - 556 MS4 Permit Conditions conL ROarvfin MS4 Perm it Conditions coot. 5.Issue Conslmction Permits and Oversee Contractor 4.Actively Pursue and Correct All NonStomlwater Compliance Discharges - Fee Cdladbns,Ptsi Review&Approval.Job Ste - Routine Inspections d Dodos Impxtiona,Enforcement - GIS Mappin0 d&Wrm Saver Syelvn 6.Owner Maintenance of On-Site i a Stowater - Position Response,ImeetlW gan&Enforcement Management lnfrasWClure -Create&Marl SYdern for Public Reporting of CompIainb -Tie Responsibility l0 OeM,Inspections.D imm1 Maintenance.Enforcement t MS4 Permit Conditions cont. Challenges -@ ROANORE ROANORE Mandate Growing,No Dedicated Operating Funds 7.Pollution Prevention for Municipal Operations Current Spending - Na Pollution from Deily Oparagons(Street Equipment.& -f50,0Wryr.Perna(lee.Compliance Database,Education& Facility Maintenance.Chemical Storage,Use&Disposal) Outreach.Equipment&Supplies - High Pnorlty Facilities W Written P2 Plan S35.000lf,Administrative Suppol&ProfeRidrial Services Nutrient FeNluer)Maregamer Pima Insufficient lunUlrn9 beyond FY-I4 --Inspections.Maintenance.Employee Training Anticipated Need - $250 000 to$s W. o Additional None)SIsmng&Equipment and - Mundpm Corgactors Under Written 02 Plans Expended Program Development,Ongoing Program Implementation r' Timelines s$ RCA NO«e January 4.2013:Public Comment Ends April I,2013.Registration Statement July 1,2013-2018'.New MS4 Permit July 1,2014-Beyond.Pollution Diet Implementation Plan 2020:Nero Decennial Census -City projected to exceed 100,000 ropiabon -Phase I M84 Pent(even more stringent) ow. 557 Council Member Ferris inquired if the techniques that were being used to improve water quality were tried and true and had been utilized in other areas; whereupon, Mr. Blakeman indicated that the Commonwealth of Virginia had stringent requirements in place related to the allowed management practices for storm water. Council Member Lea asked Mr. Blakeman if his department had given consideration to the possibility of Uranium mining and any related concerns to the mining process. Mr. Blakeman stated that he had attended meetings of the Bi-state Commission for the Roanoke River as well as having conversations with the Commission's director Mike McAvoy who was also a Director at the Western Virginia Water Authority. He said that there were concerns for down water implications to drinking water that could be caused by Uranium mining. Mr. Blakeman emphasized that a condition of the MS4 permit was that a construction permit process be implemented and that contractor compliance would be enforced. He further emphasized that owner maintenance of on-site storm water systems would eventually have to be tied to a deed and would be subject to inspections. Vice-Mayor Rosen asked if developers or homeowners associations would have to privately maintain storm water systems that feed into the public system; whereupon, Mr. Blakeman answered in the affirmative. Vice-Mayor Rosen questioned if the process would be different than it had been and Mr. Blakeman indicated that the process would be the same as the four years prior. The City Manager added that there would be more stringent enforcement from the Federal Government. Council Member Bestpitch inquired if current technology and construction practices would be applied to prevent new development from adding to the problem; whereupon, Mr. Blakeman agreed that new construction would be required to prevent or mitigate problems associated with storm water. Mr. Blakeman said that facilities such as the Public Works facility would have to have a written plan and training would have to be provided for the individuals who work there. Mayor Bowers questioned if the same plans would have to be developed for the GRTCNalley Metro Garage and private contractors such as Mountain Valley Transportation who provides school bus service for the City of Roanoke. Mr. Blakeman advised that the guidelines would not apply to the GRTC but that it would apply to City owned properties and the practices thereon and to the extent that Mountain Valley Transportation leases property from the City of Roanoke, their lease should specify their responsibility to uphold the aspects of the regulations and be subject to inspections. Mr. Blakeman advised that $250,000.00 to $500,000.00 would be required annually to meet the demands of the new guidelines. He further advised that enforcement of the newest guidelines was one of the EPA's number one priorities and he had already heard from colleagues in other parts of the Commonwealth who have been assessed penalties. 558 Council Member Ferris reported that he had read the Opinion from the Eastern .-. District that had been rendered as a result of Attorney General Cuccinelli's lawsuit against the EPA. He said he wanted to make it clear that the details of that particular - case were entirely different than the issues facing the City of Roanoke. Mr. Blakeman agreed and indicated that the particular issues in the lawsuit involved Accotink Creek, which is located in a highly developed region where there was very little way to control storm water and the issue was a matter of water volume. The City Manager also agreed that the lawsuit had no effect on the City of Roanoke's requirements because the City would still be required to control pollutants. Council Member Ferris asked if roughly $800,000.00 per year was being spent to comply with the current permit; whereupon, Mr. Blakeman answered in the affirmative. Council Member Ferris inquired if an additional $400,000.00 would be required to come into compliance with the new permit. Mr. Blakeman again responded in the affirmative adding that there would be additional requirements for the coming Watershed Implementation Program. Council Member Ferris asked if the amount included the needed capital improvements or just for the permit fee compliance database. Mr. Blakeman advised that the amount was just for the permit fee regulatory compliance component. Following discussion regarding the storm sewer system, Danielle Bishop, Development Review Coordinator, explained that as Coordinator she runs the Storm -� Water Management Program and the Erosion Sediment Control Programs for the City. She further explained that both of the programs were in place to ensure that new - • development complies with City and State standards for storm water and erosion control. Ms. Bishop advised that the City of Roanoke had a storm water program and that program was in place to take care of flooding problems and water quality problems from new development but developers were still required to obtain a separate storm water permit from the State. She further explained that the new storm water regulations would require that localities would run a State Board approved storm water program. She said the implementation date for the program would be July 1, 2013 but the State had approved a one-year extension for localities that could prove substantial progress towards creating a board or making changes to an existing board. She said the City of Roanoke would be applying for the extension with the ultimate implementation date of 559 July 1, 2014. �Current Stormwater Management Progral New Regulations rit - Current Program includes: • New Regulations set forth by the State • Part r.Definitions: •Quantity&Quality Control • Part 2-Technical onteda; • Inspections&Enforcement • Part a-Local Programs • Par a-tees - Stormwater Permit(VSMP)issued by Implementation Date:July t.zma •the State I Year Extension Required • Must slww Substantive Progress Program Changes Required n� Program Changes Continued xwn� • Permit Fees • Update Existing Ordinance •City Receives 72%-State Receives 28% Regional Collaboration • Stormwater Pollution Prevention Plan • Localities grant State Permit Coverage • E&S Plan, SWM Plan, Pollution Prevention Plan. -•— • Epermifling website TMDLs • City Issues Local Stormwater Permit • New Technical Design Criteria sew •Only After State Permit is Issued. •Runoff Reduction Method Program Changes Continued ROANOKE • Inspections&Enforcement • New Inspection Requirements • Maintenance&Inspections of SWM Facilities • New Reporting Requirements • Annual Reporting and Audits • Every 5 years City of Rearo.a 2s Ms. Bishop said that consideration had been given to including the City Storm Water Permit in the Land Disturbance Permit. Vice-Mayor Rosen questioned the amount of the local fees. Ms. Bishop advised that the lower end of the fee scale would 560 be $2,700.00 and based on acreage would range up to $4,500.00. Vice-Mayor Rosen .-. stated that he would like to see the local process follow as closely as it could to the State process and he acknowledged the challenge for builders as well as City staff as the Storm Water Permit fees were being implemented. Lastly, Mr. Schirmer summarized the challenges in Storm Water Management and presented the following: Stormwater Utility MITE Stormwater Utility Mr M 0 ROANORE • Proposed stormweter utility provides necessary financial resources to protect the city's water RuanuFaa storm drain system is aging and has numerous quality now and in the future Improvement needs community a quality improvement is a • Needy am WOlects have been identified valued at MOM mmu improvement i We all Roanoke has 13 major dyers and streams S conbibute to the problem,and we all t mthese are listed as Impaired tot water quaty by the need to work together on the Department ofEmlmnmamm Quality IO[ol solution • Equitable Fes-fees ere assessed in proportion to impervious surface Program Outline R� Proposed Annual Program sip ...et $3.00 per month per Equivalent Residential Unit (ERU)for residential properties Non-residential properties will be assessed on the Estimated Revenue $4.1 million mmeasured impervious surface - Capital Projects 53.0 mom 53.00 per month per t,WO spun hatofln,.Mous - Manlenance of Projects $500.000 surface -Water Quality $500A000 Average Non Residential fee is$33 per month -Ealing and ndmmauatve $100,000 Estimated annual revenue$4.1 million Proposed Stormwater Utility .110 Proposed Stormwater Utility ate ROANORE ROANORE .� Credits and Incentives - • Reduce Pollution of our Rivers Propemes alWygrandlrtg ..a and Streams sfmmwafw management receive • Resolve nuisance drainage separate credits m both water _ problems in our community usiwir arc quantity(up to 50%) - Propert that recant stmm,wwr Achieve vironmenthl management reCeive dmae compliance Ind l is properties with VSMP • Encourage private investment in Permits reserve crates neighborhoods and commercial mmmrs a•aa 561 Current Stormwator Utilities In Virginia t@ Next Steps •OANOKE ROANOKE bow • Continue planned stoop drain improvement onmor- ren projects using programmed capital funds • Prepare to comply with mandatory MS4 permit requirements • Prepare to comply with revised stonnwater management regulations • Implement a comprehensive funding strategy to •�.w.r-++� address stormwater management program .Y.w.,......n ..« „or needs • (See copy of presentation on file in the City Clerk's Office.) Council Member Bestpitch stated that earlier in the presentation it was mentioned that the City of Roanoke was currently allowed 1,487 tons of sediment per year in storm water runoff and that did not sound like drinking water quality to him; whereupon, Mr. Schirmer agreed that it was not. Council Member Bestpitch questioned if the standard would eventually be even more stringent. Mr. Schirmer said that the standards would be increased and significant resources would have to be expended to meet the requirements. Mr. Blakeman added that as changes were made, monitoring would continue and further changes would be made. Council Member Ferris questioned if the implemented tools and techniques would be enough to remain in compliance when the City of Roanoke hits the 100,000 mark for population. Mr. Schirmer responded that the standards are a moving target but that the controls and design techniques have been proven effective. He added that part of the process would be to implement the process, measure the results and then see where it had to go. Council Member Ferris said that he had all the faith that neighboring localities were going to do what was right and he inquired if Mr. Schirmer had been involved in the conversations with them and if they were on the same wavelength. Mr. Schirmer stated that the neighboring localities were also under MS4 permits and there had been much dialog about coordination of efforts and a regional approach. Council Member Bestpitch asked if the $60 million for the 200 needed projects was in current year dollars. Mr. Schirmer responded that the estimate was in 5 to 8 year prior dollars. Council Member Bestpitch inquired if there was a probability that State match funding would be available over the next several years; whereupon, Mr. Schirmer answered that the funding should be available and all other funding sources would be pursued. 4+ 562 Regarding a Storm Water Utility Fee, Council Member Bestpitch questioned if some residential properties would be assessed a greater fee than other properties. Mr. Schirmer said that all residential properties would be assessed the same fee. - Council Member Trinkle inquired about credits for residential properties that had mitigated storm water runoff. Mr. Schirmer said that he would recommend that any credits on the residential side be made in proportion to the potential fee. Council Member Lea inquired as to how credits would work. Mr. Schirmer explained that credits would primarily apply to commercial and institutional properties but they could be extended to residences. The City Manager used the analogy of water fees that were once just a flat fee. He said that once the fees were based on usage, the amount of water being used was reduced and the same incentive would be true for storm water reduction. Council Member Ferris asked if non-profit organizations were exempted from storm water fees in other localities. Mr. Schirmer said that he would have to research to find out but he felt that everyone contributes to the problem and everyone should be part of the solution. The City Manager pointed out that parking lots contribute greatly to storm water runoff and therefore a utility tax would be more equitable than raising real estate taxes. Council Member Ferris questioned if a tiered system based on the value of the home had been considered. Mr. Schirmer replied that the standard deviation in values did not vary greatly in the City of Roanoke and staff had decided that impervious value would be more reasonable. In regard to credits and incentives, Council Member Bestpitch asked if home owners who had already put measures in place to manage storm water would receive credits for up to 50 percent of the storm water fee; whereupon, Mr. Schirmer answered in the affirmative. Council Member Bestpitch then inquired if home owners who had not taken storm water mitigation steps but began at the time of the implementation of the storm water utility would receive double credits up to 100 percent. Mr. Schirmer explained that credits were capped at 50 percent. Council Member Bestpitch pointed out that the home owner who had done nothing would be able to do half as much and receive the same amount of credits. Mr. Schirmer replied that the intent was to incentivize citizens' implementation controls on uncontrolled properties. Council Member Bestpitch said that he appreciated the regional approach. He added that his greatest concerns were that a tiered approach for assessing fees had not been offered and that individuals who had not begun to address the issue would be given the same credits as those who had been proactive. 563 Vice-Mayor Rosen inquired about the amounts of the fines the EPA would assess for violations. Mr. Schirmer indicated that fines could be in the amount of tens of thousands to hundreds of thousands depending on the size of the offensive. Vice-Mayor Rosen commented that if the City were fined then taxes would have to be raised. He asked if the fees could be phased in. Mr. Schirmer indicated that a window for the implementation would be announced so that citizens could budget for the fee or implement some of the credit options. Vice-Mayor Rosen said that he was in favor of a flat fee for residential properties and he would like to see a phased-in approach for commercial properties. Council Member Tdnkle said that great strides in a regional approach had been made regarding the issue. He commented that he would like to see equal residential fees if they are kept as low as thirty dollars and he would like to see credits extended to residential properties. He further commented that he would like to see the City move forward by drafting a proposal that could be taken to the public for comment, approved by Council and then implemented in the year following approval. Council Member Ferris said he liked the phased-in approach because it would lessen the impact on citizens and give them the opportunity to become familiar with the process. He stated that he did not feel like the tiered approach was appropriate for the City of Roanoke. He further stated that the storm water expense was one that had to be .-- absorbed. Council Member Lea said that he favored the tiered approach and he cautioned that Members should be considerate when determining the amount of a little fee. Mayor Bowers commented that storm water should be a regional approach, and that of the 13 watersheds in Roanoke, only one was entirely in the City. He further commented that as the City of Roanoke takes the lead, it would be important for the City's regional friends to join in the effort. The City Manager pointed out that the natural environment is an economic development issue. He further pointed out that it seemed to be a consensus that a utility rather than a tax should be used to address the storm water issue and a phased-in approach utilized. He indicated that models would be examined to determine the best method of assessing the fee. Following extensive discussion regarding the stormwater program, all remarks were received and filed. ITEMS RECOMMENDED FOR ACTION: 564 BUDGET-FIRE-EMS-GRANT: The City Manager submitted a written communication recommending acceptance and appropriation/transfer of funds in connection with a Rescue Squad Assistance Fund Grant Program from the Virginia Department of Health, Office of Emergency Medical Services, to purchase equipment and supplies for use in the Fire/EMS Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39567-012213) A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) 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. 76, page 106.) Council Member Bestpitch moved the adoption of Resolution No. 39567-012213. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. None-0. i • Council Member Bestpitch offered the following budget ordinance: (#39568-012213) 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 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 107.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39568- 012213. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. 565 BUDGET-GRANTS-EMERGENCY MANAGEMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with a Hazardous Materials Emergency Preparedness Planning Subgrant from the Virginia Department of Emergency Management (VDEM) for the purpose of developing a hazardous materials response plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39569-012213) A RESOLUTION accepting the Hazardous Materials Emergency Preparedness sub-grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 108.) Council Member Ferris moved the adoption of Resolution No. 39569-012213. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. .-. NAYS: None-0. Council Member Ferris offered the following budget ordinance: (#39570-012213) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Emergency Management (VDEM) for the Hazardous Materials Emergency Preparedness Planning Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 109.) Council Member Ferris moved the adoption of Budget Ordinance No. 39570- 012213. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. 566 BUDGET-GRANTS-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2013 Virginia Sexual and Domestic Violence Victim Fund Grant from the Virginia Department of Criminal Justice Services to fund existing Sexual Violence Specialist position in the Police Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39571-012213) A RESOLUTION authorizing acceptance of the Virginia Sexual & Domestic Violence Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 110.) Council Member Lea moved the adoption of Resolution No. 39571-012213. The motion was seconded by Council Member Price. The City Manager stated that the Sexual Violence Specialist was an essential employee who provided services to the victims of sexual assault; and beyond the services that the employee provides in their grant funded capacity, they also serve as the Hispanic Outreach Coordinator for the Roanoke Police Department, adding that the Hispanic Outreach Coordinator, they coordinate community events, assist in criminal investigations, and work to improve community relations. Following the City Manager's remarks, Resolution No. 39571-01223 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#39572-012213) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 110.) 567 Council Member Lea moved the adoption of Budget Ordinance No. 39572- 012213. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-YOUTH: The City Manager submitted a written communication recommending acceptance and execution of Juvenile Accountability Block Grant funds from the U. S. Department of Criminal Justice Services; and appropriation/transfer of funds. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39573-012213) A RESOLUTION authorizing the acceptance of Juvenile Accountability Block Grant Funds from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, and administer such grant. (For full text of resolution, see Resolution Book No. 76, page 111.) Council Member Price moved the adoption of Resolution No. 39573-012213. The motion was seconded by Council Member Bestpitch. The City Manager stated that the Juvenile Accountability Block Grant Program will cover three main areas, i.e., Conflict Resolution Center, TAP-Project Recovery, and the City's Enhanced Community Services project. Following statement made by the City Manager, Resolution No. 39573-012213 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. 568 Council Member Price offered the following budget ordinance: (#39574-012213) AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Program, amending and reordaining certain sections of the 2012 - 2013 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 112.) Council Member Price moved the adoption of Budget Ordinance No. 39574- 012213. The motion was seconded by Council Members Lea and Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-ROANOKE RIVER GREENWAY: The City Manager submitted a written communication recommending adoption of a resolution expressing City Council's continued support of the Roanoke River Greenway Project; and authorization to execute FY14 grant applications. , (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39575-012213) A RESOLUTION authorizing the City Manager to execute an application for Virginia Department of Transportation MAP-21 Transportation Alternatives Grant Funds for the construction of the Roanoke River Greenway, and expressing support for this project. (For full text of resolution, see Resolution Book No. 76, page 113.) Council Member Bestpitch moved the adoption of Resolution No. 39575-012213. The motion was seconded by Council Member Trinkle. Council Member Bestpitch acknowledged his support of the connector between Bridge Street and the City limits in Salem; and hoped that the greenway system would continue onward, that it was more than just money; and he would like to see a connection between the western side of Salem City and the eastern side of Roanoke City. 569 There being no additional comments by the Council members, Resolution No. 39575-012213 adopted by the following vote: ' AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-0. COMMENTS BY CITY MANAGER:. The City Manager offered the following comments: Snow Removal Update • Roadway accumulations for this storm totaled 3.5" +1- depending upon location within the City. • As of 5:00 p.m. on Friday, 95+% of all streets had been cleared, which exceeded our performance measures of having 95% of arterial and collector streets completed within 24 hours of precipitation ending, and 90% of residential streets completed within 24 hours of completing arterials and collectors. • As of Saturday morning, all arterial and collector streets, as well as residential streets were completely plowed, treated, and down to blacktop. ... • As of 5:00 p.m. on Friday, sidewalk crews completed snow removal from 100% of Municipal Complex, Libraries, Bridge Sidewalks, Recreation Centers, and Greenways. • Due to the accumulation of wet, heavy snow, there were numerous vehicle crashes and downed trees, resulting in 779 calls to the E911 Center. Among those calls: • 293 calls were referred to Police • 174 calls were referred to Fire-EMS • 63 calls were referred to Public Works • To address more than 100 trees that fell into the City right-of-way during this event, several crews were reallocated from Snow Removal duties to Tree Removal duties to clear the roads for traffic. • Crews are working to remove and clean up downed trees over the next couple of weeks. • 100% of the City power was restored by Sunday. At its peak, over 5,000 AEP customers within the city were without power. • Big thanks goes to the city's Solid Waste Management and Fleet Management Divisions for filling-in the snow personnel gaps as well as keeping snow-fighting vehicles up and running. • REPORTS OF COMMITTEES: NONE. 570 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: • Mayor Bowers commented that the snow event on Thursday had delayed the Smartway Connector Bus' arrival to the Lynchburg Amtrak Station by 15 minutes the following morning. He further commented that Valley Metro staff had been able to contact the Amtrak station and the train's departure had been delayed to accommodate those passengers. • Council Member Trinkle suggested that City staff formally explore the possibility of the City managing the Roanoke Campground at Mill Mountain as a potential opportunity to bring in tourist. Council Member Bestpitch agreed that the Roanoke Campground may be an opportunity for public/private involvement. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 4:59 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. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Bowers presiding. PRESENT: Council Members Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, William D. Bestpitch, Sherman P. Lea and Mayor David A. Bowers-6. ABSENT: Raphael E. Ferris-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. ,.,, 571 The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 210 from the South United Methodist Church. ACTS OF ACKNOWLEDGMENT-PARKS AND RECREATION: The Mayor recognized Donnie Underwood, Parks and Greenways Planner, and the efforts of the Parks and Recreation staff in connection with the Boy and Eagle Scout Programs. The Mayor presented Certificates of Appreciation to Blake Anderson, Lucas Kennedy, Jack Kepley, and Alexander Offerman of Boy Scout Troop 210. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of NDRA II, LLC, to rezone a portion of property located at 4412 Huff Lane, N. W., bearing Tax No. 2370101, from Institutional District (IN) and Recreation and Open Space District (ROS) to Commercial-Large Site District, with conditions (CLS(c), relating site layout, traffic, parking, building facades, building heights, building materials, building access, sidewalks, right-of-way improvements, fencing, lighting, signage, landscaping, landscape buffers, and emission cleaning devices for a restaurant for proposed uses for hotel and restaurant, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2013, and Friday, January 11, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending that the request be denied, finding the Amended Application No. 3 dated December 13, 2012, to be inconsistent with the Williamson Road Area Plan due to scale, inconsistency with the future land use plan, and impact to surrounding properties. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: "AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title." (For full text of ordinance, see Ordinance on file the City Clerk's Office.) Council Member Trinkle moved the adoption of the Ordinance. The motion was seconded by Vice-Mayor Rosen. 572 The Mayor called attention to a communication from Sheldon R. Bower, Principal, Parker Design Group, Inc., requesting that the public hearing be tabled until the regular meeting of Council scheduled to be held on Tuesday, February 19 at 7:00 p.m., or as soon thereafter as the matter may be heard, in order to allow his development team and the contract purchaser adequate time to evaluate the comments received from the City Planning Commission. (See copy of communication on file in the City Clerk's Office.) Since the developer had asked that the matter be set over, he asked Christopher Chittum, Director, Planning Building and Development, if there was a deadline for changing the plans; whereupon, Mr. Chittum explained that there was no deadline for filing amendments, and such amendments could be filed up until the date of the public hearing before the Council. Mr. Chittum added that Council could proceed with the public hearing and thereafter decide not to take action on the matter if the Members felt there had not been enough time for public review. R. Brian Townsend, Assistant City Manager for Community Development, pointed out that under Virginia Law, an applicant could only amend an application to become more restrictive than previously advertised; and he indicated that should an amendment be filed, Council would be able to remand the application back to the City Planning Commission, table the matter until another meeting or take appropriate action. Inasmuch as the matter had been advertised for public comment, Mayor Bowers . inquired if there were persons present who wished to speak on the matter. Richard Congrove appeared before the Council and spoke about changes to Huff Lane Park and the importance of keeping neighborhoods distinct. Ray McKee asked that the Members of Council take the unanimous vote of the City Planning Commission seriously. Linda Wyatt stated that Council should not lose sight of what is important to the neighborhood. She added that children would no longer be safe and she noted concern that patrons would roam the neighborhood. Ms. Wyatt commented that the property owners should be allowed the same amount of time to review changes as the developer. She further commented that when given the opportunity, Council should come down on the side of citizens. David Fletcher said that the proposed development did not fit the neighborhood plan and expressed concern for the increased amount of traffic. He asked that citizens be allowed time to review the proposed changes. Amy Cosner stated that there had been no dialogue and the plan had been -. developed without regard to citizens. 573 Patrick Corp commented that the process for the sale and rezoning of the property in question had been disrespectful of the citizens. He urged the Council to vote no on the matter. Andrew Friedman appeared and asked that a balance be struck between economic development and the quality of life. (See written comments on file in the City Clerk's Office.) Robert Lynch stated that he did not agree with the City's plan for the property and he asked that the matter be reviewed from scratch. He further stated that the residents were being treated as second-class citizens. Kimberly Martin said that the proposed development threatened the livability of the neighborhood. She emphasized the importance of communication. Council Member Lea questioned at what point the public would be advised once the amendment is filed on February 19. Mr. Townsend said that the public would be notified upon receipt of the amendment, adding that the Council would not be under any obligation to take action even if an amendment was received. Mr. Chittum advised that once the amendment has been filed, it will immediately be published on the City's website, along with notifying all neighborhood leaders and publishing it also on myRoanoke.com. Ms. Wyatt stated that the community would prefer to have the opportunity to fairly and justly respond regarding any amendments filed; and that would call for more than a couple of days. She further stated that the community should be given the same amount of time to respond as the developer. After receiving comments from City staff, Council Member Trinkle withdrew his motion recommending adoption of the ordinance, and Council Member Rosen withdrew his second to said motion. Council Member Trinkle then offered an amended motion to concur in the request of the petitioner. The motion was seconded by Council Member Lea and adopted. 574 Mayor Bowers announced that the public hearing would remain open for -. additional discussion at the February 19 Council meeting. At this point, Council Member Price entered the meeting (7:50 p.m.) STREET AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 711 Fourth Street, LLC, to permanently vacate a 2 foot by 10 foot strip of an alley adjacent to the south lot line of 711 4th St., S.W., Official Tax Map No. 1020112, beginning 9.7 feet from the southeastern corner of Official Tax Map No. 1020112, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2013, and Friday, January 11, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending vacation of the alley as requested; and that since an easement for City maintenance and operations was a recommended condition, the applicant should not be charged for said portion of the alley. -� (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39576-012213) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 114.) Council Member Bestpitch moved the adoption of Ordinance No. 39576-012213. The motion was seconded by Council Member Lea. Dinah Ferrance appeared before the Council in support of her petition. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 575 There being no questions and/or comments by the Council Members, Ordinance No. 39576-012213 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 5311 Holdings, LLC, to rezone a portion of the property located at 802 Wiley Drive, S.W., bearing Tax No. 1121401, from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD), noting that proposed uses of the property will a retail sales establishment and eating and drinking establishment, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2013 and Friday, January 11, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the rezoning of a portion of the property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401, from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD), for the property to be used as a retail sales establishment and eating and drinking establishment. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#39577-012213) AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 117.) 576 Council Member Trinkle moved the adoption of Ordinance No. 39577-012213. -. The motion was seconded by Vice-Mayor Rosen. Wesley Best appeared in support of his petition. 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. 39577-012213 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Habitat for Humanity in the Roanoke Valley, Inc., trading as Habitat for Humanity in the Roanoke Valley, to rezone property located at 1306 Rorer Ave., S.W., bearing Official Tax No. 1212706, from Commercial-Neighborhood District (CN) to Residential Mixed . Density District (RM-2), with a proposed use of the property being a single-family site, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4 and Friday, January 11, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Original Application dated October 26, 2012, to be consistent with the City's Comprehensive Plan, Hurt Park/Mountain View/West End Neighborhood Plan, and Zoning Ordinance as a vacant lot to be redeveloped for an active use appropriate to the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) 577 Council Member Bestpitch offered the following ordinance: (#39578-012213) AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 119.) Council Member Bestpitch moved the adoption of Ordinance No. 39578-012213. The motion was seconded by Vice-Mayor Rosen. Brian Clark, Construction Director, appeared in support of the rezoning request. 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 Bestpitch expressed his personal appreciation for the design and type of houses constructed around the City and how they have fit in with the scale of the existing neighborhood, adding he hoped to see more in the future. Following Council Member Bestpitch's comment, Ordinance No. 39578-012213 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Northwest Child Development Center, Inc., trading as Northwest Child Development Center, to rezone the properties located at 1507 and 1523 Melrose Ave., N.W., bearing Official Tax Nos. 2221710 and 2221709, respectively, from Residential Mixed Density District (RM-1) and Institutional District (IN), respectively, to Institutional Planned Unit Development District (INPUD), for a proposed use as a daycare center, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2013 and Friday, January 11, 2013. • (See publisher's affidavit on file in the City Clerk's Office.) 578 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Amended Application No. 1 dated December 12, 2012, to be consistent with the City's Comprehensive Plan, Loudon - Melrose/Shenandoah West Neighborhood Plan, and Zoning Ordinance as an integral component of the community in order to be able to expand their services within the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#39579-012213) AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 120.) Council Member Trinkle moved the adoption of Ordinance No. 39579-012213. The motion was seconded by Vice-Mayor Price. LeRoy Whorley appeared in support of the Northwest Child Development Center's rezoning request. 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. 39579-012213 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) 579 LEASES-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 22, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease approximately 0.3664 acres of City-owned property, being Roanoke City Official Tax Map No. 1220803, located at the northeast corner of 13th Street and Cleveland Avenue, in the City of Roanoke, Virginia, to Roanoke Community Garden Association, Inc., to be used as a community garden, for a term of five years, commencing February 1, 2013, for an annual rent of$10.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 11, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a Lease Agreement with the Roanoke Community Garden Association, Inc., for a five year term and annual rent of $10.00, subject to approval as to form by the City Attorney, the matter was before the body. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39580-012213) AN ORDINANCE authorizing the City Manager to execute a lbw lease agreement with Roanoke Community Garden Association, Incorporated, for the lease of approximately 0.3664 acres of City-owned property located at the northeast corner of 13th Street and Cleveland Avenue, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1220803; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 121.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39580-012213. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39580-012213 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) 580 HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. COUNCIL: With respect to the Closed Meeting concluded prior to the 7:00 p.m. session of Council, Council Member Price 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 Lea and Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:59 p.m. APPROVED ATTEST: � y) h^ Stephanie M. Moon, MMC avid A. Bowers City Clerk Mayor 581 ROANOKE CITY COUNCIL-REGULAR SESSION February 4, 2013 eb y , 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, February 4, 2013, at 9:00 a.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-7. ABSENT: NONE. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Mayor congratulated Vice-Mayor Rosen on the newest addition to his family. Bruce Copeland Rosen was born on January 30, 2013. COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, 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 Ferris moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 1 582 CITY-OWNED PROPERTY: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss disposition of publicly-owned property, being the former YMCA, located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: The Mayor requested an update on legislative matters discussed in Richmond on Thursday, January 31 during the VMLNACo Legislative Day. BRIEFINGS: Annual Public Safety Report Fire Chief David Hoback shared data in connection with 2011 Fire Department service statistics and highlighted the following information regarding the Roanoke Fire - EMS Performance Review: 583 Demand For Service 30,000 23,590 25,758 25,000 20,000 - 15,000 - 10,000 5,000 2007 2008 2009 2010 2011 2012 ®EMS 18,407 18,558 18,752 19,129 18,497 19,871 0 Fire 5,528 5,819 5,203 5,256 5,093 5,887 a Fire ■EMS �f Pf cJJ/'l ■ Department's Performance Standards ❑ Fires —4 minutes or less 90 % of the tune �OJ\N044, ❑ ALS - Critical — 6 minutes or less 90 % of the Time FIRE .�L l� M S ❑ ALS — 8 minutes or less 90% of the time LIP GIN�'� ❑ BLS — 12 minutes or less 90% of the time 584 Building Fires 100 0 91 8 - 1 70 71 60 50 40 30 20 10 0 2005 2006 2007 2008 2009 2010 2011 2012 L+Working Fires i Structure Fires Travel Time Performance 100% 9 5% r-E-1115-saW % yl45u% x112-31% 1 b59'i 90% — 80% 6.7196 8596 e 80% 7912% 759'6 7436% 70% 2007 2008 2009 2010 2011 2012 —r—Fir e Res pame-FkstDue —Meths ltesponse e-thY First Due—4 minutes or less 90% ERF 8 minutes or less 90% • l 585 Factors Impacting 2012 Fire Performance Standards ❑ Performance Standards were not met on 6 responses: • Second due engine response • Travel Distance • Bad Run Time ■ Weather • Structure Fires Confined Fire to Floor of Origin 100 75% -- 4 i-r -74;28- —7-1_43% -6930 3• ~�--x63.8396 50% 25% 0% - 2007 2008 2009 2010 2011 2012 %of Fines Confined to Fborof Omit 44,4 586 Arson History 50 45 42 40 35 30 27 25 3) 15 2007 2008 2009 2010 2011 3)12 Arson Fires Critical - Advanced Life Support Response Time Performance 100AO% i . .98% .,c iv, 75.00% 50.00% 25.00% 6 Minutes or Les s 90 Percent of the Time 0.00% 1 2007 2008 2009 2010 2011 2012 pr- 587 Advanced Life Support Response Time Performance 100.00% ,.. ., —93.140 75.00% 50.00% 25.00% 8 Minutes or Less 90 Percent of the Time 0.00% 1 2007 2008 2009 2010 2011 2012 S Basic Lie Support Response Time Performance 100.00% .-98;51W----.-9876. 84 98 55% 95.00% 90.00% 85.00% — 12 Minutes or Less 90 Percent of the Time 80.00% 2007 2008 2009 2010 2011 2012 S 588 kcw,„ FIRE •1.` EMS 01,4 • Questions ����:•: Facebook.corn Twitter.corn Ro anokeva.gov/FireEMS (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Rosen inquired about the increase in arson cases between 2009 and 2010; whereupon, Chief Hoback explained that in many cases it was arson for mischief, mainly involving abandoned buildings. Council Member Trinkle noted the variability in the structure fire report and asked if the redistricting has helped. Chief Hoback explained that it has helped tremendously; and with the placement of the new stations, arrival time has been within 8 minutes. He further explained that the City has a great relationship with Roanoke County to respond to calls in the Southern Hills area as well as the City of Salem to answer calls within close proximity to their stations. Council Member Bestpitch inquired if the Insurance Service Organization (ISO) ratings that helped to reduce insurance costs for new construction also applied to renovated or rehabilitated buildings; whereupon, Chief Hoback advised that because the City was considered ISO Commercial, all commercial properties would reap the benefit of reduced insurance costs. Council Member Price asked about recruiting efforts and if the department was at capacity; whereupon, Chief Hoback replied that the department was at capacity, but the turnout of qualified applicants was not pleasing, noting that only 61 candidates out of 600 applicants were eligible to be interviewed. 589 Following additional comments by Chief Hoback, the Mayor advised that the information would be received and filed. Chris Perkins, Chief of Police, gave a report regarding the 2012 analysis on crime in the City of Roanoke. He reported on the challenges facing the Police Department, such as the increased reporting of shoplifting at businesses, loss of man hours due to weather and election events, synthetic drugs, and illegal possession of firearms. He highlighted the following data: ROANOKE POLICE DEPARTMENT +cuamc vrolczaoral chrrzc r: , 2012 Public Safety Update sn ■% ■ \■ V ROANOKE POLICE DEPARTMENT r ,runny asumaucasyou 2012 Challenges IFFA. 11 !: tr ,41 ,10 1 590 ROANOKE POLICE DEPARTMEN I I:e-wea'ea-1) Property Crime • • —,6�+bn-Qwt -- 3.23 • S. Vn Percent increase in I � I 4,-.. • e Residential Burglaries ler;App. 27.13 r Percent Increase In Shoplifting .�O ROANOKE POLICE DEPARI MEN I I:IVFP` :maefllu Regional Initiatives • Joint Academy Facilities Operational and Logistical discussions • Regional Extraterritorial Arrest - Agreement discussion taking place between County,Salem, Vinton and Roanoke Attorneys • Joint efforts in Traffic and Criminal enforcement have proven successful • Synthetic Drugs!Bath Salts Education 591 Chief Perkins noted that the State Police, Roanoke County, Vinton, Salem, and other Federal Agencies participated in overt traffic and criminal enforcement activities from October 10 — December 29 which resulted in 185 criminal charges, 277 warrants served, and 732 traffic summonses for an overall reduction in part one crime. ROANOKE POLICE DEPARTMENT Re table.Pwresio-a O, rse We are AVO DDACTS Analysis Example of Zone 2 DDACTS. • Began April 24, 2012 • 76 1 raffic violations • 9 Criminal arrests • Numerous Business Property Checks • 60 days before effort compared to 60 days after effort — 75% reduction in violent rime He explained that the Data-Driven Approaches to Crime and Traffic Safety (DDACTS) was a law enforcement operational model supported by a partnership between the Department of Transportation's National Highway Traffic Safety Administration, the Bureau of Justice Assistance and the National Institute of Justice. T h e DDACTS model integrates location-based crime and traffic crash data to determine the most effective methods for deploying law enforcement and other resources, drawing on the deterrent value of highly visible traffic enforcement and the knowledge that crimes often involve motor vehicles, with the goal of reducing crime, vehicle crashes, and traffic violations across the country. 592 ROANOKL POLICE DEPAR I MEN I ke table vrefessior al CNerse-We aye Rau n p einif t t ; ROANOKL FC L:L: cmerse Wea•c fl4U • Diversity rid �::i j . ! 440• • Since 2010 47%of all Roxwkeaolke • hires have been Protected KmAdd HA Class • C *, :: • Since 2010, 36%of all • v t -.- - sworn hires have been Protected Class • Currently expanding the female locker room- ~ Female Officers have increased 5O%since 2010 ,'Q1 593 ROANOKE POLICE DEPART MENT Re wbie.arofesao^a. uteerse-We arc Rao Geo-Policing Years Jan- Jan- Jan- Jan- Jar- Jai Jar- Jan Dec Dec Dec Dec Dec Dec Dec Dec Reported Offenses 2005 2006 2007 2008 2009 2010 2011 2012 8 Yr%Chg Violent Crime mmm®mmm 501 -40.92% Properly C hne mmm 5439 5324 i 5080 5118 5106 -21.80% Total ®m 6011 -- 8946 ! 8723 m ' -23.98% • Ceo-Policing began in September 2004 • Lock It or Lose It began in November 2005 • Safer City Campaign began in November 2009 • Utilized grant funding to add second Crime Analyst in February 2011 • DDACTS began August 2011 • DMI began in December 2011 :e ai• ROANOKL POE ' DEPARTMEN I Year to Year Comparison Jan-Dec Jan-Dcc Reported Offense 2011 %Change Violent Crime 578 -13.32% Property Crime 5118 '116 -0.23% -1.56% • DDACTS still in effect • Hurt Park WI-Violent c n Zone 3 .93% • Melrose DMI began with c. in Jan 29,20 • Mental Health calls for service increased 19.8% • Community Walks re 594 ROANOKE POLICE DEPARTMEN I ,re k I: Clearance Rates Incidents Offense %CI R Nat.Avg. Offense 2011 2012 %Chy Aggravated Assault 78.95% 55.20% Aggravated Assault 348 305 -12.36% Homicide 77.78% 63.80% Homicide 7 9 Up 2 Rape 80.00% 39.50% Rape i9 43 Up 4 Robbery 43.97% 28.10% Robbery 184 144 -21.74% Subtotal 69.03% 45.60% Subtotal 578 501 -13.32% Burglary I 5.45% 12.10% Burglary 966 962 Down 4 Larceny 33.88% 21.70% Larceny 3774 3829 1.46% Motor Vehicle Theft 25.20% 10.60% Motor Vehicle Theft 339 273 -19.47% Arson 40.48% 18.10% Arson 39 42 Up 3 Subtot d 29.93% 18.60% Subtotal 5118 5106 -0.23% OTAL 5696 5607 -1.56% ROANOKE POLICE DEPARTMENT re .11'.0 Proferrfor al GNerse Vic a•e k+U 2013 ics 595 ROANOKE POLICE DEPARTMENT Re Katie Prfesswral Cnerse-'Ne a•e RI) 1 4.1/4#S11.:\t • (See presentation on file in the City Clerk's Office.) Following dialogue with regard to the link between the increase in violent crimes and the illegal possession of firearms, Chief Perkins advised that most crimes were carried out with inexpensive pistols, adding that a fire-arm buyback program would not be feasible for the City of Roanoke because funding support was not available. Vice-Mayor Rosen inquired about how to address individuals with mental health concerns that could lead to future violence; whereupon, Chief Perkins advised that unfortunately because of confidentiality, information on a mental health patient cannot be shared with the police unless the person was injuring themselves or someone else. He further advised that the department along with other jurisdictions was working toward a regional crisis intervention team and he would be happy to share the recommendations of the Governor with the Council at a later time. In response to an inquiry from Council Member Price with regard to the staffing of the Police Department, Chief Perkins advised that the department was at capacity, adding that the process to become a Police Officer takes approximately 18 months to complete. At the conclusion of the briefing, the Council commended the department on its successes; and the Mayor advised that the presentation would be received and filed. 596 Fiscal Year 2014 Budget and CIP Update Amelia Merchant, Director of Management and Budget, and Ann H. Shawver, Director of Finance, highlighted the following information regarding the FY 2014 Budget Development and Capital Project Planning: BFO Process • Where we have been - Offer development by Departments and Outside Agencies DMB Staff review Citizen Budget Academy - Part 1 • Where we are now Priority Team reviews • Next steps - Budget Committee review Citizen Input - Recommended budget development Preliminary FY 2013-2014 Identified Cost Increases Total: $2,509,447.00 • Medical - $648,654.00 • Six months of January 2013 increase • Anticipated increase of 10% in employer share January 2014 • Dental - $12,249.00 • Anticipated increase of 5% in employer share January 2014 • Retirement Health Savings Account (RHSA) - $759,354.00 • 1% contribution for all employees • Community College Access Program - $100,000.00 • City commitment to Virginia Western Community College • Affordable Healthcare Act- $739,190.00 • Medical Insurance coverage for 19 Part-Time Employees - $59,166.00 • 12 month average of 30+ hour threshold employees • Effective January 1, 2014 for 6 months of FY 2014 • Headcount Tax - $3,402.00 • $2.00 for each covered individual (1,701 individuals) • Reinsurance Program - $53,582.00 • $63.00 per covered individual per year (1,701 individuals) • Effective January 1, 2014 for 6 months of FY 2014 • Effective for 3 years • Medical insurance coverage for 200 employees currently not participating in City health plan - $623,040.00 • Effective January 1, 2014 for 6 months of FY 2014 • Reserves - $250,000.00 • Increase in base funding above current $625,000.00 level 597 • Life Insurance • Current rate of 1.19% • VRS — Sheriff • Current rate of 22.42% • Pay Raise • For each 1% salary increase = $760,000.00 Ms. Merchant advised that the goal was to incorporate a 2 percent pay increase for employees in the budget, but it was not reflected in the variables reported on today. Council Member Bestpitch inquired about the payment of $100,000.00 for the Community College Access Program (CCAP); whereupon, Ms. Merchant advised that prior to FY 2014, the $100,000.00 was paid by the School Division, but Ordinance No. 38706-011910, requires the City to pay for the program directly. Price of Government Revenue Estimate by Major Category Fiscal Year 2014 Oher Po!r nue., (In Millions) 2% Property Taxes $ 98.3 Intergovernmental 65.5 rher toeel Other Local Taxes 59.7 T�� -- _RPert stw W% Sales 20.0 Other Revenue 14.2 TOTAL $ 257.7 r Bale c / 2% In brpa vt 76% Growth of 1.9%when comparing the FY14estimateto the FY13 Adopted Budget The Director of Finance indicated that 70 percent of the General Fund revenue was from local taxes and 25 percent derived from the Commonwealth with essentially no federal funding included. 598 Projected Revenue by Major Category Fiscal Year 2014 FY14 FY13 714713 $Growth.' %Groewt111 Adopted Ertmat, (Dacllne) (Decline) Ge 4eral P lope If Tat $ 103,789,000 $ 104,55201 $ 763,10 0.7% Otier Lon ITaces 71,231,01 73,43'1]03 2,257,070 3.2% Permt(a Fees aid Lheises 1,013,003 1,0351]0] 25,000 2.5% Flies aid Fore turex 1,3:+2,01 1,503003 114,070 8.2% Reuel le from Use of Floiey/P lope 7'y 210,003 205003 ,030j q.4%) lute gcue nn a 4131 64,415,01 65,51601 1,101,030 1.7% Clarges trSeukes 7,767,01 3,47201 705,10 9.1% btenalSemices 2,632,003 2,51401 (113,10] (4S%) OtierRearlIes 471,003 4351]1 (36,10) qb%) Tots)General Fund Re tNnueI $ 752,970,000 8 757,7'76,000 8 4,806,000 1.9% FY14 Local Tax Revenue Estimates Revised Upward by $1 88,000 Since January 214.2013 1/7/2013 Revised Preliminary Dollar Percertage Tax Revenue Estimate Estimate Change Change Sales $ 19,994,000 $ 19,921,000 $ 73,000 0.4% Utility 9.119.000 9.289,000 (170.000) (1.8%) Cigarette 2,524,000 2,409,000 115,000 4.8% Recordation 922.000 834.000 88,000 10.6% Prepared Food a 6 e\erage 13209.000 13.173,000 36,000 0.3% Transtert Occupancy 3,723.000 3,688,000 35,000 0.9% Telecommunications Right ofway 411,000 379,000 32,000 8.4% Other 128,138.000 128,159,000 (11,000) (0.0%) Ida 3 1778840,000 3 177,852,000 $ 188,000 0.1% 9 599 $978,000 Increase in Funding to Schools in FY14 '.T,'lay lr7,:V'3 Mcph.d It..lnanor! 12rl,a.Y3 du$4 mt t.',nab tahnrYa Local ra,.Calmal• 3 rr]OIDOm 3 rrampm j .ry D.gmo Psaonal F gimly ran.Palm.P,ondad b,'Comnononyh e0 r0Dm a0 re0m SOri m° I 04,I I21∎...nw7.Atlad 4C 0,nnnp 11!J%H VJ 'itl.iJVJ 'J3"1„,J1,1 O•d.clDadclmi raw. Sn+i•Mal a! rasa-Lbvdwn and l'1 llomaonPmd OOl.da •IDOm 073O03 m131320 Loral raw Oadcalad to P.1 n0Ir .om RY,Yalrp - •e.Om gift= Laal Oadcalsi to Ay Rb.Yal Pm bi ma.v'p on. 'TOT ''JDOT ,7QmO Local raw OwrlclNIlo Mn om Ot.d Po,oinorca.bamr.n1 7.70m 9]OO133 3150,m0 Local raw Oadcal dal o Rbci Lo,C•laiYPs.onrsrc•Jp•arn.,I N1033 -Local ra7aaOn dcalnd la Canb,o Suco Fs b.marcn!p orrsd .re0m ,r]OT ,r5_m0 rolal L7dudom .,21.0 T .r•eOT .r.e,m0 Aelualml Pm:Emu Sugd lo:h.ona,111 Se Maio ,3,7Z:1Om r,•r S'0T r3•,0'0,T0 Pscmla On!Jbcalml b:shoat. •000% •000% •Oln% runtlnp `Sd.ecla $ T:'.TPJ.IVJ $ TJAT':1,J1 $ T1 T.14WV 10 Reserved Allocations Transfer to Schools $73,748,000 Transfer to Debt Service $14,402,750 Personnel Lapse (Salary, FICA, Retirement) ($2,340,144) Budget Contingency $1,175,627 Other (Medical, Dental, Life, VRS, Civic Center $10,928,163 Subsidy, GRTC Subsidy,W/C, Misc Contingencies, Reserves, Line of Duty, District Taxes, Capital Contributions) Budgeting for Outcomes Contingency $250,000 TOTAL: $98,164,396 Increase in compensation currently not included in Reserved Allocations 1%Pay Raise=approximately$760,000 11 600 Budget Committee Review Technology Capital $550900 Radio Capital $493,706 Fleet Capital $1,913250 TOTAL: $2,956,956 12 City of Roanoke Y:s•re Q'rtim1111,r fakir aid Priorities 10031 ieect are met aid prompt C1ltictt a flrl l Dlalleaa eitilruimie it aid d hiaOtl► a sat_aid defIra+ regl_n. r writri> cicipCml111ef b elllre Safety �Econ_m; tie prcaperni orolrcimmiiry El laic* Rcaicee's emoptipial Ulttlllf'3S 31 N'"' Fort 31 eIUINYmelt rir attra:tLe, direrse s/n�1�_� I1kbig learlug 1J i C1ld raIif Iiclld be,ub212 1,Livability ��� � Education.- el«mpaases crai b aid Wale Cif hurl ICI b )104,,,,.41\c career aid Devoid tl roig We,work aid pia,/ /�� \ s bared ae Woes 31d ,, ammllgr 1luobemelt Goo Infrastructure Government I.lalital1 31d 01lp gIan; Prcul? eca pflDial, vet cat ie3rriyr ref Yi Iml Human se rtris aatare cDIaoranle, Ieigitorlpaic, aluxsail1 ervices traisFareit, respois km, aid mime Mal areas,aid iiicuatbe. wow tie piblki Vbcllrtles aid i ane trues. Fcat r a carlig Gomm I i i),flat stllmes a reg Dial aid toll orattk 4rco:1 1111101 Cuccira]ea serfs MAIN ucy IuIIN prcrJ iIig 3 scctil salts iet 13 tcltteit brief tiey are mixtU111erade. 601 Economy - Total Offers: $2,164,725 • Total Number of Offers: 9 • Incremental Requests: $74,048 Education - Total Offers: $1,692,828* • Total Number of Offers: 7 • Incremental Requests: $237,129 *Funding for Roanoke City Public Schools, based on funding formula, included as Reserved Allocation. Good Government - Total Offers: $15,827,121 • Total Number of Offers: 48 • Incremental Requests: $423,084 Human Services - Total Offers: $34,769,973 • Total Number of Offers: 12 • Net decrease in budget request based on trends Infrastructure - Total Offers: $24,309,058 • Total Number of Offers: 44 • Incremental Requests: $4,112,438 PC Livability - Total Offers: $15,466,948 • Total Number of Offers: 30 • Incremental Requests: $446,897 Safety - Total Offers: $64,255,443 • Total Number of Offers: 31 • Incremental Requests: $1 ,479,698 Outside Agencies - Total Offers: $4,022,615 • Deadline = January 30 602 Summary FY 14 Offer Total Including Incremental Priority Requests Economy $2,164,725 Education — $1692828 Good Government $15,827,121 Human Services $34,769,973 Infrastructure $24,309,058 Livability $15,466,948 Safety $64,255,443 Outside Agencies $4,022,615 Reserved Allocation $98,164,396 Budget Committee Review $2,956,956 TOTALS: $263,630,063 Price of Government: $257,726,000 Variance _ {$5,904,06311 Next Steps • Priority teams reviewing offers • Budget Committee review • March 4, 2013: • Update on Price of Government • Offer Rankings • March 9, 2013: Citizen Budget Academy (Part 2) • April 1 , 2013: Budget Balancing Status • April 6, 2013: Citizen Budget Academy (Part 3) • April 15, 2013: Recommended Budget presented to City Council • April 25, 2013: Budget Public Hearing • May 6, 2013: Budget Study • May 13, 2013: FY 2013-2014 Budget Adoption 603 Capital Project Planning • Maintain Current Capital Assets • Infrastructure Investment for Livability and Economic Development • Bridge Renovation/Replacement • Curb, Gutter and Sidewalk • Streetscape Projects • Storm Drains • Civic Center • School Maintenance • Targeted Livability Investments • Parks and Recreation Master Plan • Libraries • Investments made within parameters of debt policy. Planned Debt Issuance FY 2013-2017 Project 2013 2014 2015 2016 2017 Total Roanoke City Public Schools 2 000 000 5,000000 5000,000 5,000000 5,000000 22,000,000 Bridge Renovation 1,100000 1,800000 3$00,000 5650000 6,900000 19,250.000 Library Maste rPlan 210000 3,500000 5200,000 3.100000 1,985000 13,995,000 P&R Master Plan 500000 1,500000 1500,000 1500000 2,500000 7,500,000 Civic Center 1000000 1,500,000 1500,000 1500000 1.600000 7,000,000 Stormw ate r Managemert 1,120000 1,120000 1,120,000 1,120000 1,120000 5.600.000 Bmwood Park Improvement. 1 X825000 2,800000 - 4,425,000 Curb,Gutter and Sidewalk Program 500000 750000 1 000,00 0 1000000 1,000000 4.250.000 Street Scapes 400000 500000 500,000 500000 500000 2,400,000 Digital Radio 2,1 10000� - - - 2,110.000 Total $10 665 900 $18,470000 $19,820,000 $19,370000 $20,505,000 $88,630,000 25 1 604 Debt Service as a % of Total Expenditures .0214 10.0% 97% 9TG 9.7. 95X 2" Cebt 97` VAN PoII0 32% 9!X Limit - U%- -� - U V% - 1 - 1 1 - - - a M0I :1U ZY' AT .IY! ..RY N'] '.'1 YT Gn{K w I-Vyl'1r •Assumes 0%increase in expenditures FY 2014 through 2018 using FY 2013 projected expenditures as the base year •Includes planned Debt Issuance FY 2013 through 2017 Council Member Ferris inquired as to what type of impact would the removal of day care payment have on the overall budget; whereupon, Ms. Shawver advised that it negatively affects the debt service ratio by dropping the denominator and putting pressure on the ten percent debt service. Council Member Bestpitch asked if she foresaw future violation of the ten percent debt service policy; whereupon, the Director of Finance indicated that she did not, but would be more comfortable if the percentage rested at 9.5 percent instead of 9.97 percent which did not allow much wiggle room. 605 FY 2013-2017 Capital Projects (Cash Funded ) Project FY2013 FY2014 FY2015 FY2018 FY2017 Stormwater Management/ 0 40,820 40,820 49,820 49,820 NPDES Bridge Maintenance 500,000 500,000 500,000 500,000 500,000 VDOT Matching Funds 125,900 251,800 251,800 251,800 251,800 Greenways Matching t 200,000 0 0 0 0 Funds Center inthe Square 600,000 0 0 0 0 YMCA 100,000 100,000 100,000 100,000 100,000 Science Museum 100,000 100,000 0 0 0 Harrison Museum 100,000 100,000 0 0 0 TOTALS $1,725,900 $1,101,620 $901,820 $901,620 $901,820 27 Library Master Plan • Project Funding: • Debt Issuance: • FY 2013: $210,000 • FY 2014: $3,500,000 • FY 2015: $5,200,000 • FY 2016: $3,100,000 • FY 2017: $1 ,985,000 • Main library deck completion in Spring 2013 • Main Library design, A&E Countryside Master Plan • Project Status: • Park development plans near complete • Target October 2013 completion Elmwood Park Improvements • Project Status: • On schedule and within budget • Scheduled completion August 2013 606 Mayor Bowers inquired if any part of Elmwood Park would open prior to August 2013; whereupon, Sherman Stovall, Assistant City Manager for Operations, advised that the park would not open prior to August, adding the first festival to be held in the new park would be the Henry Street Heritage Festival in September. Greenways and Trails • Project Funding: • Cash Funding: • FY 2013: $200,000.00 • Council action required to continue annual allocation of $200,000.00 Parks and Recreation Master Plan • Project Funding: • Debt Issuance: • FY 2013: $ 500,000 • FY 2014: $1,500,000 • FY 2015: $1 ,500,000 • FY 2016: $1 ,500,000 • FY 2017: $2,500,000 • Funding addresses needs such as new and renovation of restrooms, replacement of children's play facilities and the rehabilitation of driveways • Additional needs subject to Master Plan update and adoption by City Council Schools • School Improvements • Project Funding: • Debt Issuance: FY 2013: $2,000,000.00 FY 2014: $5,000,000.00 -- FY 2015: $5,000,000.00 FY 2016: $5,000,000.00 - FY 2017: $5,000,000.00 • HVAC and plumbing improvements at 11 schools • Continued commitment of $5,000,000.00 of debt capacity reserved for school projects if needed • Schools' revised capital plan included additional debt issuance as follows: • FY 2015: $3,500,000.00 • FY 2016: $3,500,000.00 Ms. Merchant called attention to the above summary of school requests. She stated that within the City's current Capital Improvement Program for Fiscal Year 2013, $2 million and beginning in Fiscal Year 2014 through 2017, $5 million of debt availability for City projects related to HAVC and improvements at the schools for Fiscal Year 2013, and also continued allocation of $5 million for debt capacity for school needs, if necessary. 607 Ms. Merchant further stated that City officials became aware that the School Division had revised their capital plan to include addition debt issuance for Fiscal Year 2015 and Fiscal Year 2016; and therefore, in reviewing the City's capital plan for the next five years, an additional $3.5 million also will need to be considered for Fiscal years 2015 and 2016 since the amounts have been included in the Schools plan. Council Member Ferris raised the question as to the assumption on the percentages; whereupon, Ms. Merchant responded that the assumption was based on the current CIP plan adopted by the Council in May 2012. Additionally, if the $5 million was included in the plan, but not the additional amount; whereupon, the response was in the affirmative. Council Member Rosen inquired whether City staff knew what those requests were; whereupon, it was believed so, but needed to be confirmed, adding that there would be work in Phases 2 and 3, including what was currently in the A & E plans. Inasmuch as Margaret Lindsey, Accounting Supervisor, Roanoke City Public Schools, was in attendance, several questions were asked, such as if she had any idea as to what kind of timeframe the Division might be looking at or anticipated in connection with the proposed renovations for Roundhill Elementary Schools; whereupon, Ms. Lindsey replied that Phase 1 was under way, however, she would have to provide information regarding Phases 2 and 3 at a later date. In response to the status of the renovations for the school, Ms. Lindsey re- emphasized that Phase 1 was currently underway, which includes increasing the cafeteria size and gym structure, along with other cosmetic improvements for transitional purposes. Ms. Lindsey believed that Phase 2 will include the classroom addition that's badly needed, with Phase 3 being the final work on some office space and maybe a couple more classrooms, but again would have to verify what has been stated. Council Member Ferris advised that based on the comments at a meeting at Round Hill several weeks ago, Phases 2 and 3 would be responsive to the increased student population that was not anticipated when Huff Lane was closed, which was the basis to expand the facility; and recalled that it was a total expenditure of close to $9 million, but seemed to make sense being $1.7 million or a total of $8 million for Phase 1; and additional $7 million appeared to be for the proposed Phases 2 and 3. Ms. Lindsey responded that the statements were correct. 608 Council Member Trinkle inquired about the formal process regarding the Schools, i.e. the Schools would submit a request and the City would confirm what the request was for and how it fits into the debt allocation, adding that the Division would need to fund the debt service now, which should be included in their budget. Ms. Lindsey implied that the Schools would submit its request for inclusion in the Capital Improvement Plan, upon approval by the School Board; and thereafter, there would be a joint capital planning and prioritization process at the City Council level that would encompass schools, storm drains, etc. She continued that whether it constitutes a formal request or not, she thought the School Division could submit its request given the School Board had updated its Capital Improvement Plan at a workshop that was held in December 2012 or January 2013. In closing, Dr. Trinkle also asked if any of the renovations at Round Hill were being cash funded; whereupon, Ms. Lindsey stated that she did not know the answer, but would have the information forwarded to the Council. Following extensive discussion regarding the school category, staff continued with the following items: Stormwater Management • Project Funding: • Debt Issuance: • FY 2013: $1,120,000.00 • FY 2014: $1,120,000.00 • FY 2015: $1,120,000.00 • FY 2016: $1 ,120,000.00 • FY 2017: $1,120,000.00 • Addressing drainage problems throughout the city • Approximately $60 Million to address identified projects • Continued allocation of $1.1 Million annually to address prioritized projects • Funding used to match state revenue sharing funds Council Member Ferris inquired if the establishment of a stormwater utility fee would cease the request for $1.1 million; whereupon, the Director of Finance indicated that the hope would be to fund the capital needs through the utility rather than through the General Fund. • 609 Bridge Maintenance, Repair and Renovation Program • Project Funding • Debt Issuance: • FY 2013: $1,100,000.00 • FY 2014: $1,800,000.00 • FY 2015: $3,800,000.00 • FY 2016: $5,650,000.00 • FY 2017: $6,900,000.00 • Ongoing maintenance, repair and renovation of bridge structures such as Old Mountain Road, 9th Street and Franklin Road • Additional funding need of $3.1 Million identified for bridge rehabilitation and replacement in FY 2018 • $500,000.00 annual cash funding in current operating budget Curb, Gutter and Sidewalk Program • Project Funding • Debt Issuance: • FY 2013: $500,000.00 • FY 2014: $750,000.00 • FY 2015: $1 ,00,000.00 • FY 2016: $1 ,000,000.00 • FY 2017: $1 ,000,000.00 • Identified needs of $1.4 Million for sidewalk maintenance • Identified needs of $14.2 Million for new sidewalks Streetscape Projects • Project Funding: • Debt Issuance: • FY 2013: $400,000.00 • FY 2014: $500,000.00 • FY 2015: $500,000.00 • FY 2016: $500,000.00 • FY 2017: $500,000.00 • Projects support needs identified in neighborhood plans and in downtown area. • Identified needs of$500,000.00 for additional projects in FY 2018 VDOT • Project Funding: • Cash Funding: • FY 2013: $125,900.00 • City's share of funding for projects in six year improvement program • Riverland/Bennington/Mt. Pleasant • 13th Streeet and Hollins Road • 10th Street, N.W. • Orange Avenue 610 Civic Center Improvements • Project Funding: • Debt Issuance: • FY 2013: $1,000,000.00 • FY 2014: $1 ,500,000.00 • FY 2015: $1,500,000.00 • FY 2016: $1,500,000.00 • FY 2017: $1,500,000.00 • HVAC, electrical system and lighting improvements • Plaza roof repairs • Coliseum seat risers and seat replacements • Roanoke Performing Arts Theatre carpet replacement • Exterior door replacements • Sound systems enhancement • Restroom renovations • Back of house improvements 800 MHz Digital Radio Conversion • Project Funding: • Debt Issuance: • FY 2012: $2,000,000.00 • FY 2013: $2,110,000.00 • Digital conversion complete • Projects Not Currently Included in Capital Improvement Program Fire Facility Master Plan • Funding to conduct A&E to study candidate stations, define space requirements, apparatus placement, locations, etc. • Station 7 (1742 Memorial Avenue, S. W.) - $5 million • Station 8 (Crystal Spring Avenue, S. W.) - $5 million • Station 2 (Noble Avenue, N. W.) - $6 million • Establish project scope and costs • Anticipated FY 2014 A&E cost of $500,000.00-750,000.00 Rail Passenger Station • Infrastructure improvement to Norfolk Avenue, S. W. between 1st Street and Market Street to support construction of a rail passenger platform • Infrastructure cost to repair/replace culvert at estimated cost of $6.1 million • Dependent upon funding from Department of Rail and Public Transportation's passenger rail decision • Funding may be required in next 2-3 years 611 Ms. Merchant advised that the infrastructure improvements to the Norfolk Avenue location would encompass constructing a rail passenger platform as well as repairing or replacing the culvert associated with the project, and the approximate cost of $6.1 million is dependent upon the decision of the Department of Rail and Public Transportation on a location. Vice-Mayor Rosen commented that he could not envision the construction and repairs costing $6.1 million; whereupon, the City Manager advised that the costs were originally estimated at $120 million because of a need for additional track on the south side and reconstruction of a culvert that would contain Lick Run in order to allow for the weight of the passenger train to pass through. The Assistant City Manager for Operations added that the $6.1 million would be on the higher end and t the culvert would be a rather long structure beginning behind Warehouse Row and extending down to the old Norfolk Southern East End Shops. Roanoke Police Academy Expansion • Tentative award by Roanoke County for a design build PPEA proposal to expand the Police Academy to serve as a joint facility for City and Roanoke County • Project to be initiated in 2013 • City participation - parking lot expansion estimated cost of $250,000.00 Public Works Service Center • Site improvements over 2-3 years • New lot area for expansion of bulk material vehicle and equipment storage to alleviate site conditions • Rainwater harvesting system to provide non-potable water needs and storm water management requirements • Covered equipment storage (4,400 square feet) for improved equipment preservation • Funding Request: $2.5 million over multiple fiscal years Capital Contribution Requests • Jefferson Center Foundation • $150,000.00 annually for 5 years • Virginia Museum of Transportation • $100,000.00 annually for 10 years Council Member Trinkle advised that he recently met with the local arts and cultural groups, Roanoke Arts Commission and Roanoke Valley-Alleghany Regional Commission to discuss perhaps ceasing requests for large donations and creating a more sustainable predictable fund. He asked if it was the pleasure of the Council to have a briefing on the matter from Susan Jennings, Arts and Culture Coordinator, because of the possible impact on current and future requests. 612 Council Member Bestpitch acknowledged his interest in hearing strategies and options available and asked the City Manager to look into whether Roanoke County and the City of Salem have been approached with regard to the $1 million contribution request from local government to the Virginia Museum of Transportation. Following additional dialogue about the requests for capital contributions, Ms. Merchant continued with the briefing. Broadband • Regional effort • Public-Private task force identified needs and options for moving forward • Now working out best governance structure • May require capital funding Council Discussion: • Current CIP and Capital Plan • FY 2014-2018 Priorities Next Steps • March 4th: • Follow-Up Information • Update on Capital Project Planning (See copy of presentation on file in the City Clerk's Office.) In conclusion, Ms. Merchant stated that additional information would be provided to the Council at its March 4 meeting; and asked if the Council had any questions and/or feedback; whereupon, Vice-Mayor Rosen commented that the Council has many tough decisions to consider in terms of the budget and capital needs, and encouraged the Council to approach the matter from the long term perspective without losing sight of the short term needs. Council Member Ferris echoed the sentiments of Vice-Mayor Rosen and commented that the decisions to prioritize the budget would indeed by difficult and consideration must be given to those core services that government provides. There being no additional questions and/or comments by the Council, the Mayor stated that the presentation and comments would be received and filed; and then declared the meeting in recess at 12:41 p.m., for a Closed Meeting to be held in the Council's Conference Room, 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 613 At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris and Mayor David A. Bowers-7. ABSENT: NONE. The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Rick L. Brown, Pastor for School Ministries, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor congratulated Vice-Mayor Rosen on the newest addition to his family. Bruce Copeland Rosen was born on January 30, 2013. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL—DECEASED PERSONS: Council Member Ferris offered the following resolution memorializing former Council Member Lucian Y. Grove: (#39581-020413) A RESOLUTION in memory of Lucian Yates Grove, a longtime resident of Roanoke and retired President and Owner of Contracting Enterprises Incorporated, an overhead and underground utility construction company specializing in power, gas and telecommunications throughout the Roanoke Valley, Southwestern Virginia and West Virginia. (For full text of resolution, see Resolution Book No. 76, page 123.) Council Member Ferris moved the adoption of Resolution No. 39581-020413. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 614 Mayor Bowers presented a ceremonial copy of Resolution No. 39581-020413 to Anne Grove Carter and Elizabeth Grove Sayers, daughters of Mr. Grove. ACTS OF ACKNOWLEDGMENT-BUDGET: The Mayor presented the Government Finance Officers Distinguished Budget Presentation Award to Amelia Merchant, Director of Management and Budget and her staff. HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely appeared before the Council and spoke about a program to bring prosperity to the City of Roanoke. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are 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 were desired, the item would be removed from the consent Agenda and considered separately. OATHS OF OFFICE-MILL MOUNTAIN ADVISORY BOARD-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS: Reports of qualification of the following individuals were before the Council: Kae Bolling for a three-year term of office ending June 30, 2015; and Thomas Turner as the Zoo representative to fill the unexpired term of Richard Walters ending June 30, 2013 as members of the Mill Mountain Advisory Committee; and Nancy B. Page as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a three-year term of office, commencing January 1, 2013 and ending December 31, 2015. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 615 Vice-Mayor Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BLUE RIDGE BEHAVIORAL HEALTHCARE: Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, appeared before the Council and presented a progressive report on the work of Blue Ridge Behavioral Healthcare. He noted that they provide intensive programs to help people escape substance dependence with detoxification, day treatment and intensive outpatient services, as well as programs for people with intellectual disabilities which assembles necessary community services including living arrangements. He provided a detailed report showing specific services provided to Roanoke residents in FY 2012, noting that the agency served 3,742 persons with a mental illness, 799 with a substance abuse disorder, 433 with an intellectual disability (mental retardation), and 3,061 others with services not related to a specific disability for a total of 8,035 persons. In closing, Mr. Steller recognized the Roanoke appointees currently serving on the Board of Directors and the City of Roanoke for its continuing support of the agency. (For full text, see FY 2012 Performance Report on file in the City Clerk's Office.) Following general comments by the Members of the Council, the Mayor advised that the report would be received and filed. ANNUAL REPORTS-ROANOKE REGIONAL PARTNERSHIP: Beth Doughty, Executive Director, Roanoke Regional Partnership, appeared before the Council and gave an overview of the partnership's programs: 616 ,.. PARTNERSHIP Business Development • Image Building • Asset Development • Information Resource 262 Inquiries by Year 206 167 9a e5 2008 2009 2010 2011 2012 ROANOKEREGIQNAI = PARTNERSHIP 617 74 Projects by Year 45 43 36 29 2008 2009 2010 2011 2012 ROANOKE REGIO N Al PARTNERSHIP Prospects by Year 24 24 20 20 15 1111111 111111 _ 2008 2009 2010 2011 2012 I= PARTNERSN P 618 2012 SUCCESSFUL PROJECTS Project Jobs Investment Tvoe Advance Auto* 75 $0 0 Underdog Bikes 2 N IA R Trioplast 10 $4 M Ogburn Bros. 25 NIA M Balchem 50 $10 M Wellington Acad. 25 $.5 S Sunken City Brew. 25 $2.3 M CAE 15 $025 0 Federal Express* TBA $12.5 S Ply Gem* 200 $9.1 M Bay Diesel &Gen. 6 $0.25 S Altec* 96 $2.2 M Homestead 20 $1.1 M 0 ROANOKE REGIONAL Creamery* VIP PARTNERSHIP New Jobs 863 by Year 549 272 217 172 1 III 2008 2009 2010 2011 2012 RVANVKE REWONAE PARTNERSHIP 619 New Investment 52 50.2 (millions) 125 11.25 4 2008 2009 2010 2011 2012 .= YAKIMLKSHIY Total Economic Impact 322 million 1 , 159 jobs ROANOKEREGIONAI PARTNERSHIP 620 PARTNERSHIP Business Development Image Building A. Asset Development Information Resource 30 27 20 22 20 16 17 13 14 10 1 2008 2009 2010 2011 2012 Media Features .Media Mentions .Bost of Lists ROANOKE REGIONAL PARTNERSHIP 621 Reaching an Expanded Audience 207.646 190,213 143.431 317_so'''. 23.141 15.310 9.725 74814 9270 9 500 5.283 4 3 424 4.769 82Y :7 J 1 819 2.211 - 1 670 1.940 2008 2009 2010 2011 2012 Websito Visitors ■Newsletter Subscribers .Facebook Fans Twitter Followers Tweets ROANOKE REGlu ._ ►= PARTNERSHIP PARTNERSHIP Business Development • .7d I rr is a e Building ,.1 Asset Development • Information Resource 622 AMC,C. ,\_ .` R�NE0T OUTCOMES 6KrClM an.t a� ' �ii• Bike % A NON Virginia • The • , Weather *.‘",:1_6-, Channel gilN- ?OI,NoM U.p,N ' .....411,....f11 Bicycle �J� Friaey —' RS- Community � org, F E S T I V A L Wit ROANOKE REGIONAL PARTNERSHIP 1; .� IA mss• backcountry.com 6. ** `...4 I _ 1 t It .4 -fir ' is i; .-• - �s..,--;- : , 42: ,-.--..ord... ,.____.*5ap - , . ,. r- E �tr. _ afesiV ROANOKEREGIONAI c' �T•, 011 110 1 = PARTNERSHIP 623 PARTNERSHIP f� Business Development Image Building Asset Development f Information Resource Information Requests 282 by Year 229 156 70 31 2008 2009 2010 2011 2012 RWNUKF RFGIUNAI PARTNERSHIP 624 CUSTOMIZED REPORTS 3 RESEARCH PROJECTS Regional Innovation Analysis Best Practices in Sustainability in Mid-Sized I Regions 2012 Blue Ridge Marathon Ec nomic Im ac Analysis Where is Tomorrow's Workforce? mg ROANOKE REGION:, = PARTNERSHIP (See copy of Annual Report on file in the City Clerk's Office.) Discussion: Council Member Bestpitch commended the Roanoke Regional Partnership on their work on the Market Garage and Downtown Roanoke, Inc., Project. Ms. Doughty responded that the goal of the partnership was to work with the region to make opportunities happen by being a connector and that the project was a great example of the partnerships between the public and private sectors. Following additional comments by the Council, Mayor Bowers expressed appreciation to Ms. Doughty for the informative presentation and advised that the remarks would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: Rezoning Process Improvements Chris Chittum, Director, Planning Building and Development, briefed the Council on the changes involving the rezoning process. He highlighted the following information: 625 2007 Improvements • Created simple application • Created guides • Enabled DIY • But. . .No effect on timing Issues • Timing of legal ads • Linear process • Expense of legal ads • Expanding content 626 Logistics • Coordinate with State Code • Move Commission precede City Council (complete) • Bylaw changes (complete) • Outcome: ALL legal ads at once Considerations • Precise timing • Quick turnaround after Commission • Accommodate 95%+ of cases 627 Results • Previous Process: 74-82 days • New process: 46-47 days • Planning Commission & City Council run a single legal ad. • Cuts applicants' costs in half (See copy of presentation on file in the City Clerk's Office.) Discussion: Council Member Price asked when the meetings of the Planning Commission would be held; whereupon, Mr. Chittum advised that the meetings would be held on the second Tuesday of each month rather than the third Thursday of the month. The City Manager advised that the abovementioned changes were one example of an attempt to make City processes more efficient and cost effective for the customer. Mayor Bowers expressed appreciation to Mr. Chittum for the informative presentation and advised that the remarks would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-VIOLENCE-GRANTS-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2013 "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) Grant from the Department of Criminal Justice Services to fund its existing Domestic Violence Specialist position. (For full text, see communication on file in the City Clerk's Office.) 628 Council Member Lea offered the following resolution: (#39582-020413) A RESOLUTION authorizing acceptance of the 2013 V-STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. • (For full text of resolution, see Resolution Book No. 76, page 124.) Council Member Lea moved the adoption of Resolution No. 39582-020413. The motion was seconded by Council Member Price. Council Member Bestpitch commented that this was a great grant that allowed the City to have a Domestic Violence Specialist and emphasized the need to evaluate the budgetary preparations in the instance of cessation of the grant. There being no further questions and/or comments by the Members of Council, Resolution No. 39582-020413 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#39583-020413) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 125.) Council Member Lea moved the adoption of Budget Ordinance No. 39583- 020413. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 629 GRANTS-POLICE-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Strategic Prevention Framework State Incentive Subgrant from the Roanoke Prevention Alliance to fund DUI enforcement operations on specific target dates. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39584-020413) A RESOLUTION accepting the Strategic Prevention Framework State Incentive sub-grant to the City from the Virginia Department of Behavioral Health and Developmental Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 126.) Vice Mayor Rosen moved the adoption of Resolution No. 39584-020413. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. PI NAYS: None-0. Vice-Mayor Rosen offered the following budget ordinance: (#39585-020413) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, through The Roanoke Prevention Alliance, for the Strategic Prevention Framework State Incentive Grant (SPF-SIG), amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 127.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39585-020413. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 630 BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS: The City Manager submitted a written communication recommending acceptance of a National Endowment for the Arts Our Town Grant; authorization to execute a Subgrant Agreement with the Roanoke Symphony Orchestra to provide opportunities for individual artists to work in City neighborhoods. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#39586-020413) A RESOLUTION accepting a National Endowment for the Arts ("NEA") Grant, which Grant requires matching funds from the City; approving and confirming the application process for such NEA Grant; authorizing the City Manager to sign any documents required by the NEA to accept such Grant; authorizing the City Manager to sign any Subgrant Agreement with the Roanoke Symphony Orchestra ("RSO"); and authorizing the City Manager to provide additional information, to take any necessary actions and to execute any additional documents needed to obtain, accept, receive, implement, administer, and use such funds. (For full text of resolution, see Resolution Book No. 76, page 127.) Council Member Trinkle moved the adoption of Resolution No. 39586-020413. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. Council Member Trinkle offered the following budget ordinance: (#39587-020413) AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 129.) 631 Council Member Trinkle moved the adoption of Budget Ordinance No. 39587- 020413. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. GRANTS—TRANSPORTATION-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of V-DOT Transportation Enhancement Grant funds in connection with the Virginian Railway Passenger Station Renovation Project. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following resolution: (#39588-020413) A RESOLUTION accepting Transportation Enhancement Grant Funds from the Virginia Department of Transportation (VDOT) Enhancement Grant Program in the total additional amount of $592,000.00 for the restoration of the Virginian Railway Passenger Station property located in the City of Roanoke (Project); expressing the City's continued support for such Project; approving and confirming the application process for the Grants and authorizing the City Manager to execute any required agreements and documents necessary to accept such Grant Funds; and authorizing the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer such additional VDOT Grant Funds, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 76, page 130.) Vice-Mayor Rosen moved the adoption of Resolution No. 39588-020413. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 632 Vice-Mayor Rosen offered the following budget ordinance: (#39589-020413) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Enhancement Grant to the Virginian Railway Passenger Station project, amending and reordaining certain sections of the 2012 - 2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 133.) Vice-Mayor Rosen moved the adoption of Budget Ordinance No. 39589-020413. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. STREETS-PURCHASE/SALE OF PROPERTY: The City Manager submitted a written communication recommending authorization to acquire all property rights by negotiation for the Belle Avenue/King Street, N. E., Intersection Improvement Project. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39590-020413) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Belle Avenue/King Street Intersection Improvement Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 133.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39590-020413. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-0. 633 COMMENTS BY CITY MANAGER: The City Manager shared the following comments: Impact from January 30 storm Roanoke River • More than 4 inches of rain fell in a 24-hour period throughout most of Roanoke and the New River Valley • While the flood reduction project proved successful, the river did overtop its bank along the greenway, across low-water bridges, and along Bennington Street, S. E. • Roanoke River crested at 12.44 feet before starting to recede. The last time the Roanoke River crested near this high was in June 2006 (12.80 feet) • This stage would likely have been 1 to 2 feet higher if the flood reduction project had not been in place. • The river flooded the intersection of South Jefferson and Reserve Avenue, S. W., at 13.6 feet. • The last time it flooded to that level (or greater) was September 2004 (17.82 feet) • Damage to the flood control features cannot be assessed until the river recedes but are not anticipated to be significant, most likely debris removal. Streets • Barricade and storm drain crew responded to multiple calls • Roughly 20 streets closed during height of the storm. • By nightfall on Thursday, only Wiley Drive, S. W., and low water bridges remained inundated. • Cleanup along Wiley Drive, S. W., and low water bridges to occur early next week( beginning February 4) as freezing temps and remaining high water prevent effective clean up Greenways • The Roanoke River Greenway is clear and open for public use from Bridge Street, S. W., to Smith Park and from River's Edge Sports Complex to the Western Virginia Water Authority Wastewater Treatment Plant and beyond. • The second low-water bridge between Smith and River's Edge is still under water. There are a handful of debris piles that have formed along the trail, the largest being behind the IGA Grocery Store along Bennington Street and Riverland Road, S. E. IMO y 634 • Sections of the trail remain muddy but are usable. • There were no structural damages to the trail with the exception of some split-rail fencing • Staff should have everything cleaned up within the next 7 to 10 days. The fencing replacement may take a little longer, depending on whether or not we have to contract it out. DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of December 2012. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance announced that the City has reaffirmed its AA+ credit rating and highlighted the report from the Fitch Rating Agency stating that the City of Roanoke was a regional retail, transportation, manufacturing and healthcare hub with a commitment to strong financial management. She summarized the Financial Report for the month of December 2012, stating that General Fund revenues continued to perform well and sales, lodging and meals taxes were up 3, 7, and 5 percent, respectively. She noted that expenditures were up 1.3 percent and the Pension Plan continued to perform strong. Without objection by the Council, the Mayor advised that the Financial Report for the month of December 2012 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: 635 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY ■.r COUNCIL: Council Member Ferris, Chair, Legislative Committee, reported on the recent Legislative Day event held in Richmond on January 31. He referred to a visual and highlighted the following information: • Passenger Rail Service would come to Roanoke in approximately three years, but preparatory work on culverts would have to be completed to accommodate the additional rail. • Request to maintain the moratorium on uranium mining died in session. • Request to allow the Roanoke City School Board to select the school start date died in session. • If Virginia opts into the new Medicaid plan, the City of Roanoke alone could see an increase of over 7,000 additional enrollees. (See copy of visual aid on file in the City Clerk's Office.) At 3:46 p.m., the Mayor declared the Council meeting in recess for continuation of Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 4:34 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded Council Member Trinkle 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 Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-MILL MOUNTAIN ADVISORY BOARD: The Mayor called attention to a vacancy on the Mill Mountain Advisory Board created by expiration of the three-year term of office of Carl Kopitzke ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Tom Roller. 636 There being no further nominations, Mr. Roller was appointed to replace Carl Kopitzke as a member of Mill Mountain Advisory Board for a term of office ending June 30, 2015, by the following vote: FOR MR. ROLLER: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. OATHS OF OFFICE-LOCAL OFFICE OF AGING: The Mayor called attention to an upcoming vacancy on the Local Office of Aging created by the expiration of the one- year term of office of Beth Christopolous as the City's representative ending February 28, 2013; whereupon he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Melida McKee. There being no further nominations, Ms. McKee was appointed to replace Beth Christopolous as the City's representative for a one-year term of office commencing March 1 , 2013 and ending February 28, 2014, by the following vote: FOR MS. MCKEE: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE REGIONAL AIRPORT COMMISSION: The Mayor called attention to an upcoming vacancy on the Roanoke Regional Airport Commission created by the expiration of the four-year term of office of Bittle W. Porterfield, III, as a City representative ending March 31 , 2013; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Bittle W. Porterfield, III. There being no further nominations, Mr. Porterfield was reappointed as a City representative of the Roanoke Regional Airport Commission for a four-year term of office ending March 31, 2017, by the following vote FOR MR. PORTERFIELD: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. 637 ELECTION TASK FORCE: The Mayor announced the appointments of the following individuals to serve on the Election Precincts Task Force, an Ad Hoc lk Committee, to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation: Roanoke Chapter NAACP — Keith Wheaton SCLC — Delvis "Mac" McCadden Democratic Committee — JoAnn Edmunds Republican Committee — Herbert Robert Moore Mayor's Committee for the Disabled —William S. Roberts Roanoke Neighborhood Advocates — Braxton G. Naff Roanoke City Electoral Board --Poll worker— Charles G. Steele, Ill --Poll worker— Jane M. Smith There being no further business, the Mayor declared the Council meeting adjourned at 4:37 p.m. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 638 ROANOKE CITY COUNCIL—REGULAR SESSION February 19, 2013 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 19, 2013, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39429-070212 adopted by the Council on Monday, July 2, 2012. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Bernard S. Via, Minister, Green Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. James Baldwin appeared before the Council and voiced concerns with regard to the St. Patrick's Day Celebration held in the City of Roanoke. Robert Gravely appeared before the Council and spoke about a program with the potential to bring prosperity to the City of Roanoke. 639 CONSENT AGENDA: NONE. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE GREENWAY COMMISSION: Liz Belcher, Greenway Coordinator briefed the Council on the activities of the Roanoke Valley Greenway Commission. She highlighted the following information: Roanoke Valley Greenways Update to Roanoke City Council Agenda • Budget Time • Benefits: Return on the Investment • Update on Roanoke River Greenway Across Valley • Bridging the Gap to Finish Roanoke River Greenway Budget Time • Greenway Budget: $88,635 .00 • Request to Localities Unchanged: $87,500.00 • Roanoke's Portion is 45.4%, based on population estimates from Weldon Cooper Center - $39,700.00 Return on Investment This Year • Bridge the Gap - private funds $625,000.00 • RS grant matched by BtG $625,000.00 • Enhancement grant $500,000.00 • Pathfinders - Carvins Cove $ 7,250.00 • Pathfinders — Lick Run Bridge $ 1 ,600.00 • Pathfinders — Roanoke River $ 5,590.00 • Pathfinders — 3300+ hours $ 69,300.00 Total - $1 ,833,740.00 640 __ r _ . -. V . Cil 0/ r• 0s r , , ,- , Apo . - .%:, , 31 , 2 . 211 x 0 u lfr / 6 Greenway Construction Locations in 2012 Greenway Volunteers for Roanoke . ., ,•t• • -*II'.. . 1 1 1'. _• - -3 ti . / p , <II %%4.'1, % f,,gyp 641 Greenway and Trail Amenities • •1 ROANOKE COMMEMORATIVE TREE PROGRAM X fr 211•7 .. Jim tee :. it. 1111 * s Lure•R.L•11ett i, the Oreenw r.Pr.gran: i l'■ 1111111LA 411 &W. k. Special Events - $ for BtGap • Gallop 2012 ■ $14,270 to BtG • First Fridays VIRGINIA. _ c auwr..r YUMMY, 4 Runners,walkers raise green g'- i - 1 r `. , to close paths'funding gap t 1 It Ni a 'N 1t7 • ,.. 1 , . 642 • Economic Development in 2012 ....,.,_about triv a pan 4.4eat's happoi.v.Dr,hoSdiatior uf f`. 10 . ..e •"-- . .-,r., . ' i • . • s .• -., :...... :•,-,,, • ..164\ c ..f. ...:, ....4, - ... - 1 1 st '• . li I/ • '--- . • - , f,-- , a . • r 4 ,... !, iiic._ .. -•••,.......i ri,..,., : ..,, l.,L).'1, 1:r ii".47C••:;e • - , 1 e- '''::' L • 't , r ' Et'ist Coasten Bili. e Shop - • plans to buy old museum • . ,,............. ............ . • .-...,-.. 1,-,.tA...,-:41-:--, . -,,,...4 r,,,:z.r......-.-.., - ... .,,-........... .........„......1:,,,t,. 0.64v.-,-,,,e,,,,it,-i.''.•,`..t.''''''•*'""-" ;..t.. Underdog Bike Shop near Vic I o . s• _ -, Zu ... for..........4. .a ...,..4 .24_,4,, (.,:7.r._... . ,..,.......r....... . wf ttatttrom.. i. ,.r. . . N .t.ttleftemet. 4,•44.4.4.1....11. ri..:0 .r.;.7...'y ................: - -; dr. .... ,- ..;.....=Ca..."4: ...... ... r 4!,,...-.11, ri• inc.Zortt.1 t.XL= •rrr. . : • ••'`r -."- •-.5%r%•:,4.•'.•- :,':.'t.'""t-':,...... !'....._'':::...7.71.*...:',......*: '' t.. !::7....-'-.'.".• ..i. . • • • . ... ... ., .. ... • • Its,4 , , . . . .• , . ••• t.- Real Estate. Investment:. RiverHouse • ■ • t • ."..••.'"4.r. . • • . . ,., rt■ • • $15 M Project • •'. .. , . -, g..11=me • ..,.• . • . , . -';;.-",!••; i"..- .■ .,-;1.,• - • ,•#. Apartments • . , . •.• z ,, -,.--...id . . I= f- li• •• • ••' Climbing wall I , -.7 _--.-...—..=ii swig ....•... . • Wildflour restaurant • - _ - .. • I riaNr.! nor-.1-1 -- , . ----- . ,ts ..F. • ,,Clog T- ' • , ^ . I ii F .. • Tap house WASENA cut I .:_. •: -..i.r.i. )itsrle • •.--ir ..: :... , • Bella ..-•111--, A.f*•.',' •_'-,s magazine . •-,1 4!..7r..r, • q ' . •ft to so vortNuoi., --am0=--:_ Now Open! • .... . •----wer."7-1/ • ..., ---i"" ......___........ ,..__ .„.„. _ 643 New Real Estate Investment: Roanoke Riverfront on Jefferson Street lom'- - p . a1 t i ;.-. - :::'-t•. - ,...46.,::. '14 •-.-- i 4. ‘ • ., . . _ ,....,„ ,...... .,..4,.t, ... _., ,.. , . , ,...„,_,,.....,.. „, „..,. .r,---._.?vc.cr._— ,,,,:, &•""), ..,‘ . •. V:”. ,'••10 191 .' C--.., 'f4"------1 ' 11--.... ., „,v,,,,?•■ \ _.,i1.;?1:...:.‘,5; '• \-) c.c...asact;. ..., - " 4--‘3'et -'1 ":"1'5. ....-..- e.- . „,t:?...;.. - ...,,,._._7--_ t.....• . I I' .,:-, - -. .. f‘t.5:...44?''. .• . , .t __..-,----- 10 Real Estate Investment: HITS • •-• , - . ... . ., _ . .. . .... ...I, i . . -- ,..., ) , . •- . . .• 1,-. .: 4 ... . , _,,k.. 4•_;.._- , -,- \earnt.ss to greenwaN a pin..,.1,,,1,111■ 1111 " . • --. 411S4t1Yeit, ' ` ' I. - '-'':.A4,'` . 44.411116'. 'AK ' - .4" Z.411•• ,': .1$ ...■.i 4/';., ' - 1 . ::•*";,." V.1 , ..' ' ,., 4 wile:ft,•i'''; . I Is., .. . . 46,011,:.1/2i.,...0. , j . N , , - 4' Aiii..._____ '''.''.,- -...........,...::.,...--...-=.0..- .'- ,... :'., 4. . .,. .. ..._ .... ... --. . 644 Real Estate Investment: Private Residential . .4 Greenway Counter near Rivers Edge May 2011 13,425 •,i,, ' May 2012 24,464 1 - lIllIllIllIll ......., -S. ;: Y S ... -_ -- 1,B SALE 14 OR SALE i %CMS 104141 W2 4. 400 7046 APPOI TMEY Economic Benefits: Free Health and Fitness .a .1 7 'r _ 1 �..J.,. iiiiiiii..11110r _ • � .-. - + , +a� • �' - 440-- 645 Roanoke River Greenway Construction • Roanoke - To Bridge Street, S. W. 1.2 miles opened • Roanoke — To Tinker Creek 1.2 miles opened • Salem — Colorado Avenue to Moyer 0.3 opened • Salem — Eddy Avenue to Riverside Boulevard 1.3 built Roanoke River Greenway - 4 miles in 2012! Roanoke River Greenway Status `k\ Under -"`,'° Construction City of Engineering City of Roanoke Salem 5, A,� Built ,, Built k►4� / . '� /tOpernng , �r Spring 2013 H M, 4 Roanoke County Funding tAtded to F„/ Bridge the�Gap. . Built ; Engineering I 1 646 City Progress in 2012: -� Bennington to Tinker Creek: 1 .2 miles . K, J.... n, It_i' ' 3. Ili, i„,.,„ int l City Progress in 2012: Bridge St. to Memorial Ave. : 1 .2 miles -sari 'V.. . r Y; f � . _ ,, r, ,• rr .\' .;L 11 r'•4 VIJOT i ",„ ► p • 4 647 Salem Progress in 2012 : Mill Lane to Eddy Avenue: 1 .3 miles fita1 i,+r I . I y\\ I . _ ,, , , ,,.. ____ t i Bridge set. Opening ,_, 1. spring 2013. 4- i. t la Salem Progress in 2012 : Colorado to Rotary Park: 0.3 miles _ . .. giiiimoit, _ ;,i1;. .ilisH_____=_:0 -------- , • ..,!:::::;ii; ;I:::!'''' : ' . k%,,,,,, . , 1 7 r • 648 Progress in Roanoke County: Green Hill Park to Mill Lane and WWTP to Parkway Engineering and Right of Way t+ �t - - Rwnd;Clry u,....21.."" we b\IM RorwkeRMrbrc 1,, aam ie.�Gw.ai �ObDrWS LYNbMIrUM nOwn ICS+ Coming in 2013 • City: Roanoke River — PE/ROW for Bridge Street to Salem • City: Roanoke River — Parking Lot at Bridge Street • City: Lick Run at Countryside • City: Rattlin' Run at the Cove Road • Roanoke River Salem — Open Eddy Street to Mill Lane • Roanoke River— PE for Rotary to City & for east and west ends • Mason Creek Greenway in Salem • Hanging Rock Bridge in County • Spring Grove crosswalk on Wolf Creek • Glade Creek PE, Walnut to Dale Avenue • Catawba Greenway • Back Creek ROW 649 Bridge the Gap Campaign / _, ., ,( \_, City of City of! `, O) Salem `• C_C.illinlib i 1ln Wolf' Town of �'�/ Part `tea,. I 4 1441171grilli0 .,,, VintOn � a M f Roanoke County \ F`"° 1 ,, 'r i Need : $7M To date: $4.1 M Bridge the Gap Section in Roanoke I. --1:.;... 01..!' w Caleir"7". 4%. , , .,..„,„ z, : ,. 5 k I «j'` / Progress on Bridge the Gap 650 BRIDGING THE GAP 1'reject Sponsors GOAL ■ $7,000,000 ' ,,,; 1Yb�, i I $3,648,524 =__._- _ - _- - -tom= f"-:_ Help us complete the Roanoke River Greenway • Goal: $7 million • To date: $4.1 million • Need: $2.9 million Bridge the Gap: $7 M, 4.1 miles • Local Govt $ 814,000 • Enhancement Grants $1 ,188,000 74% • Revenue Sharing $ 900,000 • Other Govt Grants $ 133,825 • Foundations $ 541 ,570 • Corporations $ 275,040 26% • Civic Groups $ 92,310 • Individuals, trusts $ 155,540 i-lij TOTAL $4,100,285 651 fu Strategy Match all local money with grants: Revenue Sharing (50/50), TAP (80/20), RSTP. • To finish we need: $2.9 million • Expected from grants filed $1,000,000.00 • Future grant requests $950,000.00 • CIP & Private funds needed as match $950,000.00 Greenways = Quality of Life in Our Valley 16 .,1,_ ,::•)? Ar 'Se . ,. g , ik '''.. timit I ., , , . ■ t i T . 1 IF dr li IP _, Thanks for Doing Your Part to Make Greenways a Reality! IF, :u. R i;W. , , (See presentation on file in the City Clerk's Office.) 652 Discussion: Council Member Bestpitch inquired if the City had received funds from the Department of Conservation and Recreation for greenways; whereupon, Ms. Belcher responded in the affirmative. He also suggested that as a way to make more citizens aware of the Bridge the Gap Campaign pop up tents with free refreshments and brochures should be set up along the greenways. Council Member Trinkle asked about long term plans, timelines, and if the full $7 million would have to be raised before work could begin on the remaining projects. Ms. Belcher replied that the projects were a year behind and two pieces of the project could be completed prior to raising the full $7 million and added that the goal was to have the funds by November 1. Barbara Duerk representing Connect-Now appeared before the Council and suggested that in the future the greenway be connected to the Huckleberry Trail and the New River Valley. The Mayor thanked Ms. Belcher for the presentation and advised that the briefing would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-DRUGS-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Juvenile Accountability Block Grant from the Department of Criminal Justice Services to provide training in leading treatment method for adolescent substance abuse. (For full text, see communication on file in the City Clerk's Office.) 653 Council Member Bestpitch offered the following resolution: (#39591-021913) A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing the City to serve as the fiscal agent for distribution of the grant proceeds, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 76, page 135.) Council Member Bestpitch moved the adoption of Resolution No. 39591-021913. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). Council Member Bestpitch offered the following budget ordinance: (#39592-021913) AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Adolescent Community Reinforcement Approach with Assertive Continuing Care (ACRA-ACC) Program, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 136.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39592- 021913. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). 654 BUDGET-GRANTS-HUMAN/SOCIAL SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Strengthening Families Initiative Grant from the Virginia Department of Social Services for use by the Department of Social Services to provide education and training sessions on parent enhancements and fatherhood initiatives, and explore other successful programs through participation in Strengthening Families Initiative - Innovators for Success Council related conferences and meetings. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39593-021913) A RESOLUTION authorizing acceptance of the Strengthening Families Initiative-Innovators for Success Council Grant to the City from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 76, page 136.) Council Member Price moved the adoption of Resolution No. 39593-021913. The motion was seconded by Council Member Bestpitch. Council Member Price asked for an overview of the program initiatives; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, advised that the City of Roanoke was selected as one of 23 localities to participate in a program which seeks creative ways to reduce poverty, to increase the wellbeing of families by reducing the number of non-marital births, to reconnect fathers to their children and to maintain stable two-parent families. He further advised that with the grant funds, the local Department of Social Services can hold programs and training sessions to identify specific needs; and in turn next year, request State funding for specific target programs. There being no additional questions and/or comments by the Council Members, Resolution No. 39593-021913 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). 655 Council Member Price offered the following budget ordinance: (#39594-021913) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, for the Strengthening Families Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 138.) Council Member Price moved the adoption of Budget Ordinance No. 39594- 021913. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). BUDGET-GRANTS: The City Manager submitted a written communication recommending transferring of funds to support the Police Department Crime Analyst position until June 30, 2013 due to the termination of grant funding on February 28, 2013. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#39595-021913) AN ORDINANCE to appropriate funding for the extension of the position of Police Crime Analyst through the end of Fiscal 2013, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 139.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39595- 021913. The motion was seconded by Vice-Mayor Rosen. Council Member Bestpitch inquired as to the status of the Police Crime Analyst position after July 1, 2013; whereupon, the City Manager advised that the position was previously funded by the American Recovery and Investment Act which ends in June, but the position has been submitted as a budget offer and the Public Safety Priority Team will evaluate it along with other offers received. 656 Mr. Bestpitch replied that the position was one of great importance and hoped that it would be ranked high and incorporated into the budget moving forward. There being no additional questions and/or comments by the Council Members, Resolution No. 39595-021913 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). COMMENTS BY CITY MANAGER. The City Manager offered the following comments: New Website for Parks and Recreation Roanoke Parks and Recreation recently launched a new web site: www.PLAYRoanoke.corn. • The new site makes it easy to browse and register for programs, find a park with the interactive park map, reserve a facility, view an online calendar, and much more. 2013 Leadership College • Sponsored by the Office of Neighborhood Services. • Begins Wednesday, March 20. • Classes meet each Wednesday evening from 6:00 p.m. to 9:00 p.m. in the Municipal Building for nine weeks. • No cost to attend. • Goals: help participants learn about their local government's operations and services, and develop basic conflict resolution skills. • Registration is first-come, first-serve — register online at www.roanokeva.gov/leadershipcollege or call Bob Clement, Neighborhood Services Coordinator, at 853-5210 to ask for a registration form to be mailed to you. • Deadline to register is March 15. 657 Next Steps for FY 2014 Budget Development • March 4 — Budget Update to City Council • April 15 — Recommended Budget presented to City Council • April 25 — Public Hearing • May 6 — Budget Study • May 13 — Budget Adoption Municipal Bond Sale • The City had a successful bond sale last week • The assessed value of our bonds says a lot about Roanoke as a city • Roanoke has strong financial management and is an excellent credit risk • The Director of Finance summarized the bond sale process and advised that the City received a great interest rate of 2.3 percent and has great standing amongst the credit rating agencies. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for two educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#39596-021913) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 140.) Council Member Trinkle moved the adoption of Budget Ordinance No. 39596- 021913. The motion was seconded by Vice-Mayor Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was absent). 658 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: ELECTION PRECINCTS TASK FORCE: The Mayor advised that it was necessary for the Council to appoint a School Board representative to serve on the Election Precincts Task Force; whereupon William Dudley was elected to serve as the School Board representative on the Task Force. At 3:10 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 659 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 19, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Habitat for Humanity in the Roanoke Valley, Inc., to rezone property located at 1224 Rorer Ave., S. W., bearing Official Tax No. 1212803, from Commercial- Neighborhood District (CN) to Residential Mixed Density District (RM-2), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 1, 2013 and Friday, February 8, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Original Application dated December 6, 2012, to be consistent with the City's Comprehensive Plan, Hurt Park/Mountain View/West End Neighborhood Plan, and Zoning Ordinance as a vacant lot to be redeveloped for an active use appropriate to the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Rosen offered the following ordinance: (#39597-021913) AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 76, page 141.) Vice-Mayor Rosen moved the adoption of Ordinance No. 39597-021913. The motion was seconded by Council Member Trinkle. Brian Clark, Construction Manager appeared in support of the rezoning request on behalf 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. 660 There being no questions and/or comments by the Council Members, Ordinance No. 39597-021913 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-0. ZONING-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 19, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Roanoke City School Board to amend the Planned Unit Development Plan on property located at 2020 Oakland Boulevard, N. W., bearing Official Tax No. 2250102, to permit enlargement of the existing elementary school previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning by the adoption of Ordinance 37269-120505, on December 5, 2005, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 1, 2013 and Friday, February 8, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding the Amended Application No. 1 dated January 16, 2013, to be consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as an existing elementary school will be able to enlarge their facility in a manner appropriate to the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#39598-021913) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend a Planned Unit Development Plan as it pertains to a parcel bearing Official Tax No. 2250102; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 143.) Council Member Price moved the adoption of Ordinance No. 39598-021913. The motion was seconded by Vice-Mayor Rosen. 661 Bernardo Hernandez, Director of Capital and Planned Maintenance Programs, appeared in support of the amendment on behalf of the Roanoke City School Board. 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. 39598-021913 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-0. CITY PROPERTY-EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 19, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to grant a permanent five foot Building Maintenance and Access Easement across City-owned property, identified as Official Tax Map No. 1010829 located at 335 Campbell Avenue, S. W., to Star City Lofts, LLC, in order for Star City Lofts to maintain, access, and repair a certain multi-story structure to be used by Star City Lofts as an apartment building and to allow certain window wells to be constructed and maintained on the structure on the adjoining privately-owned parcel of real estate, designated as Official Tax Map No 1010832 located at 327 Campbell Avenue, S. W., owned by Star City Lofts, LLC, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 8, 2013. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to grant a permanent building maintenance and access easement, for nominal consideration to Star City Lofts, LLC, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 662 Council Member Trinkle offered the following ordinance: (#39599-021913) AN ORDINANCE authorizing the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, designated as Official Tax Map No. 1010829, located at 335 Campbell Avenue, S. W., Roanoke, Virginia, to Star City Lofts, LLC; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 76, page 144.) Council Member Trinkle moved the adoption of Ordinance No. 39599-021913. 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. 39599-021913 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-0. ZONING: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 19, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Pheasant Ridge Apartments, LLC to amend the Planned Unit Development Plan as it pertains to 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S. W., bearing Official Tax Map No. 5470302; four unaddressed lots on Griffin Road, S. W., bearing Official Tax Map Nos. 5470301 , 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308, in order to permit construction of six buildings housing 210 apartment units instead of 160 condominium units, a stand-alone clubhouse, and a pool, with a changed site configuration and amenities than previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), pursuant to Ordinance 37789- 052107 adopted by City Council on May 21, 2007, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, January 30, 2013 and Wednesday, February 6, 2013. (See publisher's affidavit on file in the City Clerk's Office.) 663 The Mayor advised that inasmuch as the abovementioned matter had been advertised for the Council to conduct a public hearing, the petitioner has requested that the matter be tabled until Monday, March 18, 2013 at 7:00 p.m. due to action still needing to be taken by the Planning Commission. There being no objection by the Members of Council, the request was granted. OTHER BUSINESS: ZONING: Council having tabled action on the public hearing regarding a request of NDRA II, LLC to rezone a portion of property located at 4412 Huff Lane, N. W., from Institutional District (IN) and Recreation and Open Space District (ROS) to Commercial-Large Site District, with conditions (CLS(c)), which was conducted at a regular meeting of Council held on Tuesday, January 22, 2013; whereupon Council Member Trinkle moved that the matter be removed from the table. The motion was seconded by Council Member Bestpitch and unanimously adopted. Vice-Mayor Rosen moved that the public hearing be reopened for reconsideration. The motion was seconded by Council Member Trinkle and unanimously adopted. Maryellen Goodlatte, Attorney, appeared before the Council as legal counsel for the petitioner and remarked on the following conceptual development plan: Proffered Development Plan Nlnl um,,KM ,/r a On I f 7 71� LIEMIMICS SP WM .. �► J • e - MIRE 664 ., Proffered Buffer Wiwi i7 e 4 - L /7 JPPLANZ-CP055 5L`G77ON Viewpoint Legend Map \ 1 A SC / •�p 7[ \ 5B • Z ■ 1,, 4 \ ' ,j 2B'* \ \ ' A / . ,� ae i \ . t ft . . .34 . .. .,-* . . _ ,, , ,4, ..e, ,-- ., ‘ - ..------44-- ..., 4,,.,1 AL). . _ G000lcedith --..r , - 2.:.2-C '.411k II. '-'- -(1:‘ ' 665 E . Valley View Boulevard Viewpoint#1A a 0 40: ,;,,,, . , „ . 4.,_ I A n • — I 41 . \ --..... IDValley View Boulevard Viewpoint#1A +. -tom` ��� la 666 Valle View Boulevard Viewpoint#1B • •� b i • RPP•• - - - • • Goo8Ie earth Valley View Boulevard Viewpoint#1B -T .. . . • - 4 ■ ! P f • 667 Valle View Boulevard Viewpoint#1C • v ..- •1 1 y } 'J r V ' r•( � tLy %7 " r1b A+.44,.ey 0 ' Valley View Boulevard Viewpoint#1C 40111 , ,i,ill . : .. f - , t Illiii ,, , I. NL......i.. ....11fH E 2.0%- .. . 1 668 Huff Lane Viewpoint#2A -P. _ 1 !!mil F • Huff Lane Viewpoint#2A r <S- A '1h 669 Huff Lane Viewpoint#2B --‘".11"1111".1111.1111r • 4- Huff Lane Viewpoint#2B • . 4, „„„ Al„,„„.„,„mernee. 1 670 Huff Lane Viewpoint#2C - Q 8 - �-- Iti*"' 01111.' , Huff Lane Viewpoint#2C 11110 111141016 1 I= �'' J 671 Floraland Drive Viewpoint#3A 8 n; .;4.:s.•f.'{- P i ihio 1 IDFloraland Drive Viewpoint#3A 4j110.41. '-1! IIM lig dir .._ rte.. .r 672 Floraland Drive Viewpoint#3B 4411 rm, =} ,fi r,a. - :-.,.-7t b r � y� ff1-j 7 sr"`- 4. _ it _ _r l • • N.. .. , r 4 Floraland Drive Viewpoint#3B .........7'..;:_,..01: ;..7111:::-V- . ' '-;". 3 673 Floraland Drive Viewpoint#3C • 8 r , t, , P Wi ' r a L 1 1 Floraland Drive Viewpoint#3C • • kit*. AI 7,14 _ _ 11144411\- . 1 _- 674 Dorchester Drive Viewpoint#4A se ' —,- - . ter` — lit 4111 V"Z Dorchester Drive Viewpoint#4A Y <,.• Ilk •• .;.., , 675 Dorchester Drive Viewpoint#4B iki.\ : i 4 . • . • . ,, , , . , j �. �. /� _ __ laDorchester Drive Viewpoint#4B ;\ ' 1 ' t • r. rte h y _ ... 676 Vancouver Drive Viewpoint#5A ' e t1 � x A p'��Mlh►- Vancouver Drive Viewpoint#5A „f:ell N� 4 • • 677 IVancouver Drive Viewpoint#5C 8 :. t 1-'. urIJ1 i L - %mew r. - �.�. IDVancouver Drive Viewpoint#5C °M0401 - - 1,1 701.4011101 - — iii 678 . I Ln'NW Huff Roanoke;-V ":1 ' ' 4it ..4i.> + • A r ' '. .. :. ;� ,e, \ y K y+ • '- — \''''' .a., / i. . 4".•-' . A 4 4;4y 5 /' c1 d A - ,--. dry i• o -il o oa . °-1: I. W I • '' J i.- (See copy of presentation on file in the City Clerk's Office.) Following remarks by Ms. Goodlatte, Mayor Bowers referenced a petition and written comments for the record by Ashley Reynolds and Diana Shepherd. (See copy of petition and comments on file in the City Clerk's Office.) The Mayor then inquired if there were persons present wishing to speak on the matter; whereupon, the following individuals appeared before the Council: Bert Boyd, Kimberly Martin, Tyler Harden, Suzanne Cook, Christina Koomen, David Fletcher, Richard Congrove, Tommy Jordan, Andrew Friedman, Robert Lynch, Fred Shanks, Jr., Celia Collins, Kelly Foust, John Via, Ralph Emery, David Myers, Amy Cosner, Nadirah Wright, Raymond McKee, Sarah Zaragoza and Pat Corp. (See copies of some of the citizen comments on file in the City Clerk's Office.) There being no further speakers, the Mayor declared the public hearing closed. Inasmuch as the original ordinance that was entered into record at the January 22 Council meeting was amended, Council Member Trinkle moved that the ordinance be withdrawn and replaced with the following amended Ordinance. 679 (#39600) AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. Council Member Trinkle moved that Ordinance No. 39600, as amended, be adopted. The motion was seconded by Vice Mayor Rosen. Sheldon Bower also appeared in support of the petitioner. Following extensive discussion regarding the rezoning of the proposed property, Ordinance No. 39600, as amended, was adopted on its first reading by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, and Ferris-4. NAYS: Council Members Price, Lea and Mayor Bowers-3. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. FLOODS-STORMWATER: Melissa Millner appeared before the Council and expressed concern regarding ongoing flooding and stormwater runoff on her property. Mayor Bowers referred her comments to the City Manager for review and response to Ms. Millner. There being no further business, the Council meeting was declared in recess at 9:51 p.m., until February 28, 2013. On Monday, February 28, 2013, the recessed meeting was called to order at 6:00 p.m., at the Roanoke County Green Ridge Recreation Center, 7415 Wood Haven Road, in Roanoke County, Virginia. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Anita J. Price and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-1. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Ann H. Shawver, Director of Finance; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon, City Clerk. 680 OTHERS PRESENT: Representatives from the following Boards of Supervisors, City Councils and officials: Botetourt County, Franklin County, Montgomery County, Roanoke County, City of Salem, and Town of Vinton. Roanoke County Board of Supervisors Michael Altizer welcomed everyone to the meeting and gave brief remarks regarding the purpose of the meeting being a regional partnership between all localities in attendance. Following presentation, Council Member Ferris moved that the City Manager be appointed to serve as the City's representative on a joint task force to participate with other localities to discuss a regional partnership. The motion was seconded by Council Member Bestpitch and adopted. It was recommended that similar action be taken by the local governing bodies at a future board or council meeting. There being no further business, the Mayor declared the recessed meeting adjourned at 7:27 p.m. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor