City Council

186 .... ROANOKE CITY COUNCIL-REGULAR SESSION January 20, 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 20, 2015, 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. 39982-070714 adopted by the Council on Monday, July 7, 2014. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), and Mayor David A. Bowers-?. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Dr. Edward T. Burton, Pastor Emeritus, Sweet Union Baptist Church. Mayor Bowers called for a Moment of Silence in memory of the late Cabell Brand; and without objection by the Council, the City Attorney was instructed to prepare the proper measure memorializing Mr. Brand at a future Council meeting. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS-YOUTH: The Mayor recognized Kendrick Wheeler, a 7th grader at Woodrow Wilson Middle School, who had been chosen as the Region II winner of the Virginia Municipal League's "If I Were Mayor", Essay Contest. The Mayor presented Master Wheeler with a Gold Star Paperweight.  187 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. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and asked that all meetings of authorities, boards, commissions and committees be held at times conducive for working citizens to serve and/or attend, primarily the City Planning Commission meetings which are held at 1:30 p.m. (See copy of comments on file in the City Clerk's Office.) Following comments by the Council and City administration staff that several Council-body meeting schedules are set forth through their by-laws, Mayor Bowers suggested that the matter might be considered by all Council-appointed bodies. There being no additional comments, the matter was referred to the City Manager. 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 advised that the City Manager had requested that his communication for a Closed Meeting as referenced at Item C-2 be withdrawn, and that it was so ordered. MINUTES: Minutes of the regular meeting of Council held on Monday, October 20, 2014, was before the body. (See copy of minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Price and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was not present when vote was recorded.) 188 CITY COUNCIL-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss or consider the acquisition of real property 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 copy of communication on file in the City Clerk's Office. At the request of the City Manager, the matter was withdrawn. PUBLIC ART PLAN: A communication from Thomas L. McKeon, Chairman, Roanoke Arts Commission, transmitting an update of the Public Art Plan: Art for Everyone, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the communication be received and filed. The motion was seconded by Council Member Price 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 not present when vote was recorded.) AUDIT COMMITIEE: Minutes of the Audit Committee held on Monday, December 15, 2014, was before the Council. (See copy of Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the minutes of the Audit Committee be received and filed. The motion was seconded by Council Member Price 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 not present when vote was recorded.)  189 BLUE RIDGE BEHAVIORAL-HEALTHCARE BOARD: A communication from Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, recommending concurrence in the appointment of Vic Boddie to replace Dana B. Lee as a Board At-large member for a term commencing April 10, 2014 and ending December 31, 2016, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the recommendation as above described. The motion was seconded by Council Member Price and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was not present when vote was recorded.) OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Reports of qualification of Kenya M. Huffman to fill the unexpired term of Philip Clement ending June 30, 2016; and Brenda A. Allen to fill the unexpired term of Princess L. Moyer ending June 30, 2015, as members of the Roanoke Neighborhood Advocates, were before the Council: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-0. (Council Member Lea was not present when vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TOTAL ACTION FOR PROGRESS: Angela Penn, Vice President of Economic and Real Estate Development, Total Action for Progress, appeared before the Council to share information on the progress of the Roanoke Neighborhood Revitalization . Partnership in connection with the creation of affordable housing and repairs for homeowners in the targeted neighborhoods. 190 Roanoke Redevelopment and Housing Authorl!y (R.R.HA.) '~ . '"""' E:;..'>Q' '~ "'"',... ~ Rebuilding Together Total Action for Progress Roanoke (T.APJ ,.,~$ <> 'I"!$ l I ~~ . . •• I ' ,• / ~~,." Habitat for Humanity In the Roanoke Valley Mountlln Vlew~/ghborllood 201D Windshield SIIIW'/ Dell! Sample . ""'  191 Resident Feedback 2010 Resid<>nt Feedback 2013 (Copy of presentation on file in the City Clerk's Office) Following positive feedback from Members of the Council and City Administration staff, all remarks were received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: ECONOMIC DEVELOPMENT AUTHORITY-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with a grant from the Economic Development Authority of the City of Roanoke (EDA) to attract new businesses and provide assistance to existing businesses and industries for expansion. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#40154-012015) A RESOLUTION accepting the Economic Development Growth Enhancement (EDGE) Program Grant to the City from the City of Roanoke Economic Development Authority (EDA); authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. (For full text of resolution, see Resolution Book No. 77, page 356.) 192 Vice-Mayor Trinkle moved the adoption of Resolution No. 40154-012015. 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 not present when vote was recorded.) Vice-Mayor Trinkle offered the following budget ordinance: (#40155-012015) AN ORDINANCE appropriating funding from the Economic Development Authority for website development and maintenance, amending and reordaining certain sections of the 2014 - 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 357.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40155-012015. 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 not present when vote was recorded.) STATE HIGHWAYS-PASSENGER RAIL-BUDGET: The City Manager submitted a written communication recommending authorization to submit an application to the Virginia Department of Rail and Public Transportation (DRPT) for Intercity Passenger Rail Operating and Capital (IPROC) funds for FY2016 to support costs of operating intercity passenger rail service and acquiring rights-of-way or facilities for intercity passenger rail transportation purposes. (For full text, see communication on file in the City Clerk's Office.) In connection with the abovementioned item, Mayor Bowers announced that the City will hold a citizens' open meeting on Thursday, January 29 from 4:00 p.m. to 7:00 p.m. at the Campbell Court Valley Metro Transportation Station located on Campbell Avenue, to receive citizen comments as to what they would like to see for the intercity passenger train service, the expansion of the bus station for Valley Metro as well as the Greyhound/Trailways service.  193 Council Members Rosen and Bestpitch offered the following resolution: (#40156-012015) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Department of Rail and Public Transportation (DRPT) for funds from the Intercity Passenger Rail Operating and Capital Fund (IPROC) in the amount of $3.2 million for FY2016 for a project involving the future Multimodal Transportation Station; and authorizing the City Manager to take certain actions in connection with such project. (For full text of resolution, see Resolution Book No. 77 page 357 .) Council Members Rosen and Bestpitch moved the adoption of Resolution No. 40156-012015. The motion was seconded by Vice-Mayor Trinkle. The City Manager gave an overview regarding the City's request for application to the Department of Rail and Public Transportation for the Intercity Passenger Rail Operating and Capital funds to support the costs of operating intercity passenger rail service and acquiring rights-of-way or facilities for intercity passenger rail transportation purposes. He pointed out that a consultant had been engaged to produce conceptual level plans for a Multimodal Transportation Station to service both rail and buses; and possible locations were being evaluated and probable acquisition cost estimates have been developed. Discussion was held regarding the timeline, adding that the study, which is being conducted by Roanoke Valley Alleghany Regional should be completed in May 2015. Due to the magnitude of the project, the public was encouraged to attend the public meeting on Thursday, January 29 to provide input regarding the future Multimodal Transportation Station inasmuch as it is an important element of the regional transportation system. It was also noted that there would be additional public meetings for citizens to have opportunity for input concerning the transportation system. Following additional questions and comments by the Members of Council, Resolution No. 40156-012015 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 not present when vote was recorded.) 194 COMMENTS BY CITY MANAGER. The City Manager shared the following comments: lntermodal Transportation Facility • The City of Roanoke and Greater Roanoke Transit Company (Valley Metro) will hold a public information meeting to offer information, and receive ideas and feedback from citizens on the location of the station. • Date: Thursday, January 29, 2015 • Time: 4:00 p.m. to 7:00 p.m. • Location: Greater Roanoke Transit Company, Valley Metro, Campbell Court located at 31 Campbell Avenue, S. W. • The meeting will be a "drop in" format. Representatives from both the consultant and the city will be on-hand to answer questions and receive comments. New GIS Site Launched • Last week, the city launched a new GIS mobile site • Anyone with a smartphone or tablet can access GIS information o use the iRoanoke app, available free on Google Play and the App Store o go to mobile.roanokeva.gov and click on the GIS tab • The new mobile site is: o easy to navigate o recognizes type of device and adjusts display and functionality o allows users to reposition the map based on their location • Along with the mobile component, upgrades have been made to the city's current GIS website accessible on computer (www.roanokeva.gov, click on GIS Maps and Real Estate). Leadership College • Citizens are encouraged to register now for the 2015 Leadership College. • Classes meet each Tuesday evening from 6:00 p.m., to 9:00 p.m., in the Municipal Building for nine weeks. • March 17 through May 12,2015 • Light dinner provided • No cost to attend • An interactive, practical, and engaging series of discussions, lectures, role plays, team building, and related field work to teach citizens: o best practices in organizing your community o how to access city services o City procedures and policies  195 • Registration is first-come, first-served - 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. Roanoke gets National Attention • Roanoke was included in the list of Top 10 mid-sized American cities to visit in today's online issue of The World Property Journal. • The article states: "mid-sized cities are often where the most exciting music, cuisine, social movements are starting." Roanoke, Virginia is listed as #6. Visit South online magazine featured Roanoke • Roanoke Valley: cruise the "Star City of the South" Escape to Virginia's Blue Ridge • Extols Roanoke's amenities and livability At this point, Council Member Lea entered the meeting (3:04p.m.). Citizen Engagement • Elsa Sze, Founder and CEO, Agora, designed Agora app to harness technology for good. • City to use to gather input for Downtown Master Plan. • Libraries are participating by assisting citizens who do not have internet access. • For more information: www. vagora.co CITY ATTORNEY: BONDS: The City Attorney submitted a written report recommending adoption of a resolution to correct a clerical error in Resolution No. 40148-010515, which was adopted by the Council at its regular meeting held on Monday, January 5, 2015. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40157-012015) A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING THE PURPOSES AND THE AMOUNTS OF THE GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AUTHORIZED FOR ISSUANCE UNDER RESOLUTION NO. 39978-061614. (For full text of resolution, see Resolution Book No. 77 page 358.) 196 Council Member Ferris moved the adoption of Resolution No. 40157-012015. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-?. NAYS: None-0. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational grants and 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.) Vice-Mayor Trinkle offered the following budget ordinance: (#40158-012015) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2014- 2015 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. - (For full text of ordinance, see Ordinance Book No. 77, page 360.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40158-012015. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-?. NAYS: None-0. LEGISLATION: As Chairman of the Legislative Committee, Council Member Rosen called attention to a communication from the City Attorney dated January 20, 2015, transmitting a legislative update from Rob Catron, the City's Legislative Liaison, regarding the first week of the 2015 Session of the General Assembly regarding matters that were not part of the City's Legislative Program; and a draft communication from the Mayor addressed to the Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, regarding funding for Sabrina's Place ... (See copy of communication from the City Attorney and draft communication from the Mayor on file in the City Clerk's Office.)  197 Council Member Rosen moved that the Council concur in the request of the City Attorney to authorize Mr. Catron to assert the positions regarding the HB1293, HB1294, . HB1369, HB1670, SB974, and SB 1084 on behalf of the City before the General Assembly. The motion was seconded by Council Member Bestpitch. In connection with the legislative matters outlined in his communication, the City Attorney advised that in order for Mr. Catron to appear before committees in the House of Delegates and the Senate to present and advocate the City's position on certain bills that were not a part of the City's 2015 Legislative Program, City Council must affirm Mr. Catron's authority on behalf of the City before the General Assembly. The City Attorney provided an overview regarding the matter, stating that even though Delegate Sam Rasoul has introduced HB 1881 in the 2015 Session of the General Assembly to address funding for Sabrina's Place, efforts between Mr. Catron, Delegate Rasoul and Senator Edwards were being made to handle the matter administratively with the McAuliffe Administration. In connection with the legislative update, discussion ensued regarding HB 1369 that proposes to increase the threshold for the crime of felony larceny from $200.00 to $500.00, adding that the Police Department recommended that the City oppose this bill because the likely ramification will be an increase in petty larceny crimes, and that the current threshold provides a strong deterrent to criminal activity. There being no further discussion, the motion offered by Council Member Rosen regarding the legislative matters as previously stated and seconded by Council Member Bestpitch was unanimously adopted. Council Member Rosen offered a motion authorizing the Mayor to send a letter to the Governor in support of funding for Sabrina's Place. The motion was seconded by Council Member Bestpitch and unanimously adopted. Council Member Bestpitch called attention to matter of public concern, advising that some for-profit organizations distributing white donation boxes similar to Goodwill Industries' at various locations throughout the City, such as ?-Eleven Stores and other convenient stores, under the pretext to collect items of clothing and other merchandise, but instead are collecting the merchandise and is selling it for a profit. He mentioned that the matter has been introduced by Delegate Rasoul and information has been shared with the City Attorney for report to the Council at a later date. Council Member Rosen also called attention to HB1532 and expressed concern about the Mayor's behavior relating to the Charter amendment to shift authority to appoint the Director of Finance from the City Council to the City Manager. As Chairman of the Legislative Committee and as a Member of City Council, he asked that when a policy, as part of the Legislative Program, has been approved, that Members of Council not seek to undermine legislation that has been approved by the majority of Council. 198 Following comments by the Mayor reiterating his position regarding the Charter amendment and several Members of the Council, Council Member Rosen encouraged the Members of Council to stand united on decisions once a consensus has been reached. 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 called attention to the Lea's Winter Classic Basketball Challenge to be held on Saturday, January 24, 2015, from 2:00 p.m., to 8:00 p.m., at the Berglund Center, adding that the $10.00 admission fee was good for the entire event that would include prizes, and the proceeds would benefit non-profits. At 3:56p.m., the Mayor declared the Council meeting in recess until 7:00p.m., in the Council Chamber. 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 (arrived late), Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-?. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Webelo Scouts of Pack 8.  199 PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. 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 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Faisal Khan, Manager, representing Fifth & Church, LLC, that the westerly portion of the alley between 4th and 5th Street, S. W., between Campbell and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202; and on the south by Official Tax Map No. 1011206, be permanently vacated, discontinued and closed, noting that the western terminus of the portion to be closed is 5th Street, and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206, as shown on Exhibit 1 attached to the Original Application, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 30,2014 and Tuesday, January 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending vacation of the right-of-way as requested, and that the applicant should be charged for the value of the right-of-way after accounting for expenses that will be incurred to create a turnaround area adjoining the alley, subject to the following proffered conditions: 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 easement 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. In coordination of the vacation, the applicant will pay for the value of the right-of-way, subject to certain adjustment. The value of the right-of-way is $32,128.60. The applicant will construct, at its expense, and dedicate as public right-of-way an approximately 20 by 24 feet vehicular turnaround area as shown on the application dated December 4, 2014, and subject to review and approval by the City of Roanoke. Said turnaround will be required to have clear delineation from the applicant's property with materials and design approved by the City of Roanoke. The applicant will also provide partial releases of all deeds of trust that encumber the area of the 200 turnaround. The applicant shall record the partial releases with the Clerk's Office of the Circuit Court of Roanoke, Virginia. The applicant will provide detailed cost estimates of the turnaround to the City of Roanoke. If deemed acceptable and accurate, consideration of these costs may be deducted from the charge the applicant should pay for the median assessed value of the area of the right-of-way to be vacated, which is $32,128.60. The applicant shall pay the balance to the City within ten days after the City accepts the cost estimate. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of the 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. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40159-012015) 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 of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 361.) Council Member Ferris moved the adoption of Ordinance No. 40159-012015. The motion was seconded by Council Member Bestpitch. Harry Rhodes, Attorney for the petitioner, appeared in support of the closure. ' ...  201 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. 40159-012015 was adopted by the following vote: A YES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-D. (Council Member Price was not present when vote was recorded.) PURCHASE/SALE OF PROPERTY-ROANOKE HIGHER EDUCATION AUTHORITY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 20, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke on a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Roanoke Higher Education Authority, wherein the City proposes to sell the Authority certain real property located at 209 Henry Street, N. W., consisting of 0.3777 acres, designated as Official Tax Map No. 2013001, together with a 30 foot nonexclusive access easement across City's adjoining lands, designated as Official Tax Map Nos. 2013016 and 2013006, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, January 8, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a contract with the Roanoke Higher Education Authority to convey a portion of the property to the Authority for construction of an extension of the existing facilities currently located on adjacent property owned by the Authority for the purpose of expanding the Virginia Western Community College Culinary Arts Program., subject to approval as to form by the City Attorney. (For full text, see copy of report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40160-012015) AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and The Roanoke Higher Education Authority ("the .... Authority"), to sell to the Authority an approximately 0.3777 acre parcel of City-owned property located at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, which parcel consists of City-owned property, including a 202 nonexclusive access easement on adjacent City-owned property, upon certain terms and conditions; authorizing the City Manager to execute such further documents and • .., take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. {For full text of ordinance, see Ordinance Book No. 77, page 364.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40160-012015. The motion was seconded by Council Member Lea. In connection with the public hearing, R. Brian Townsend, Assistant City Manager for Community Development, gave a brief explanation of the City's role with regard to the sale of the City-owned property at 209 Henry Street, N. W., adjacent to the Dumas Center where the culinary institute is located. Mr. Townsend pointed out that the sales agreement between the City of Roanoke and Roanoke Higher Education Authority would be performance based, with requirements for commencement of construction within 12 months after closing, and completion within 24 months after closing, and provide to the City quarterly progress reports until substantial completion of the project; and the property may be used only for educational purposes or other uses that are authorized by the Charter of the Authority during the initial ten years following issuance of a Certificate of Occupancy for the new construction. At this point, Council Price entered the meeting (7:20p.m.) Vice-Mayor Trinkle questioned if the final design was available for review and if approved, would the approval of the design require action by the Council. Mr. Townsend noted that an original concept had been shared at two community meetings, and subsequently, an architect of record had been hired by the Roanoke Higher Education Authority to proceed with a more detailed design should the Council approve conveyance of the property, and approval by the City Administration of the final design will be required. The City Manager vowed to work closely with the architectural firm and citizens to ensure that a structure is erected that honors the past and yet meets modern needs. He thought the building was a way to set the pace for other types of development in the area. The Mayor inquired if there were persons present who wished to speak on the matter. Randall Simmons, 624 Caldwell Street, N. W., spoke in support of the project, .. • noting that it was a great opportunity for the area. •. ""  203 Carla James, Director, Academic Student Services, Higher Education Center, 8 N. Jefferson Street, spoke about the Culinary Arts Program expansion; and asked that the Council consider giving community empowerment a chance to create a facility that would allow history to be revived through formation at the Claude Moore Center. Brenda Hale, President, Roanoke Branch- NAACP, acknowledged the need to expand the Culinary Arts School and Center, but thought the Claude Moore Center should be transferred to the Henry Street Organization because of the many community education programs that have been delivered. Dr. Robert "Bobby" Sandel, President, Virginia Western Community College, spoke in support of the request to purchase City land for the expansion of the Virginia Western Community College Culinary Arts Program. (See copy of remarks on file in the City Clerk's Office.) Charles J. King, 2707 Brambleton Avenue, S. W., spoke on behalf of the AI Pollard Memorial Foundation, stating that Mr. Pollard had been instrumental in the revitalization of downtown through his creation of Corned Beef and Company, Frankie Roland's, Metro, Table 50, The Quarter, and the new Billy's; and he thought the expansion was critical to the Culinary Arts Program and its expansion would be a building block for further investments. Thomas McKeon, Executive Director, Roanoke Higher Education Center, 108 N. Jefferson Street, spoke in support of the request to receive city land for the expansion of the culinary program. (See copy of remarks on file in the City Clerk's Office.) Council Member Lea questioned if the Center would be available for public use when classes were not in session; whereupon, Mr. McKeon answered in the affirmative. Vice Mayor Trinkle inquired if the auditorium was being used for classes, and if so, it would likely be available more often after the completion of the new addition; whereupon, Mr. McKeon again answered in the affirmative. Council Member Bestpitch asked when the auditorium would likely be available for use by the public; whereupon, Mr. McKeon responded when Virginia Western was not using it for classes. Council Member Bestpitch also asked if the existing theater would continue to be used as instructional space; whereupon, Mr. McKeon answered in the affirmative. ... Council Member Lea thought it was important to ensure that minorities were involved with the project as it moved forward. 204 Evelyn Bethel, 35 Patton Avenue, N. E., said that it had been stated that there was no alternative plan to the proposal by the Higher Education Center Authority, ,• adding that there were plans available which should be considered. She thought it was important for the community to have ownership in whatever was constructed on Henry Street. Thomas Schwendeman, Chairman, Henry Street Group, Inc., 1098 St. Clair Lane, Vinton, alluded to another option in connection with the expansion of the Culinary School; one that, for those who have seen it, deemed it to work much better for the community, including the School. He suggested that the Council table action for 30 days in order to review other options. (See copy of email on file in the City Clerk's Office.) Council Member Ferris thought funding was the key issue, and he pointed out that a funding source was not available, and it would likely not be available within the next 30 days. Robert Gravely, 3360 Hershberger Road, N. W., spoke in opposition of the conveyance of property to the Roanoke Higher Education Authority. Charlene Graves, 2755 Kirkland Drive, N. W., spoke in favor of Mr. McKeon's proposal for the expansion of the Culinary Arts School, emphasizing not only the educational benefits, but the opportunity for the Gainsboro community to help heal some of the deep, deep wounds that exist by allowing some of the history to be placed permanently in the facility. Martin Jeffrey, 421 Fairfax Avenue, N. W., spoke in favor of his heritage and the history that the Henry Street represents-- black and white history. Mark Powell, 655 Highland Avenue, S. W., gave a brief, but tragic overview of what befell the Gainsboro community beginning in 1955, which was termed "urban renewal". He passionately pleaded for all factions of the City to work together for the best possible outcome for everyone, calling for a resolution that would honor economic and educational interests as well as the legacy of the neighborhood and its residents. Brenda Allen, 12 Gilmer Avenue, N. E., asked the Council to table the matter because the community had not been included in the planning process, decisions or the problems that would be generated from a decision. She believed that the Roanoke Higher Education Authority should be held accountable, and the neighborhood should be protected, in writing, with a clear vision for the community. . ...  205 Gloria Randolph-King, 4473 Ben Street, N. W., asked that the Council visualize a new Claude Moore Center that would reflect the memory that African-Americans could support, and noting her love for the Virginia Western Culinary Arts program, she thought the program deserved its own brand new building, which would allow the Claude Moore Center to be used by the community. There being no other speakers, the Mayor declared the public hearing closed. In the interest of public discloser, Mayor Bowers announced that although he currently serves as an adjunct professor at Virginia Western Community College, his participation does not present a conflict of interest. Council Member Bestpitch questioned if the space that was currently occupied would be needed after the proposed expansion had been built. Dr. Sandel explained that the Claude Moore Building would be used for baking and other cooking, but the auditorium and foyer area would be available more often after the expansion. Dr. McKeon added that the actual construction cost would be approximately $3.3 million, and with the addition of soft costs such as architectural services, the project would cost approximately $330.00 dollars per square foot for the new construction, and approximately $75.00 per square foot for the 10,000 square foot renovation, explaining that the funds from the Virginia College Building Authority would have to be used for educational purposes related to the mission and for public use. Council Member Bestpitch asked Dr. Sandel to clarify his earlier comments about the increased availability of the theater for community use; whereupon, Dr. Sandel explained that the only reason Virginia Western Community College had used the theater and the foyer was because they did not have adequate space, but once the expansion is constructed, the space will again be available for use by the community. Council Member Bestpitch inquired as to how when the Center would be available to the public; whereupon, Dr. Sandel advised that the facility is currently available from Friday afternoons through Sunday evenings, and he hoped it would continue to be available during those times, unless the space was needed for instructional purposes. Council Member Price inquired as to the ownership of the Claude Moore Center; whereupon, Mr. McKeon responded that the Roanoke Higher Education Authority owns the building. She wondered if consideration had been given to constructing a standalone building as opposed to the proposed expansion. Mr. McKeon remarked that the Culinary Arts School was currently operating in a facility that had been built specifically for it under the constraints of the Historic Tax Guidelines, adding that the Roanoke Higher Education Authority receives an annual contribution from the • , Commonwealth of Virginia, of which was not enough to cover the operating expenses. 206 For clarification purposes, Council Member Price inquired if the construction estimate was $3 million; whereupon, Mr. McKeon confirmed that the construction itself , .. would cost approximately $3 million, but the entire project had been estimated at $5.5 million, explaining that when the project had been submitted to the General Assembly, the concept had been reviewed and returned with a suggestion of an additional $2 million based on comparable projects. Council Member Price asked if there were conditions or restrictions associated with the use of the $5.5 million; whereupon, Dr. McKeon advised that the Virginia College Building Authority (VCBA) requires that funds be used for the benefit of the public for educational purposes. Following up, Council Member Ferris inquired as to why the building designs were starting from the beginning; whereupon, Dr. McKeon said that the Roanoke Higher Education Authority wanted to get community input on the design, explaining that the preliminary plans had been created to help determine the cost of the project for the purpose of requesting the funds. Council Member Ferris asked if he had been correct in stating that funding obtained from the Virginia College Building Authority would have to be used for educational purposes; whereupon, Mr. McKeon answered in the affirmative, noting that the General Assembly had specifically earmarked the funds for an educational project. Council Member Lea stated that the Council supports neighborhoods, and he thought the Roanoke Higher Education Authority and Virginia Western Community College have been working together for the benefit of the neighborhood, pointing out that Dr. Sandel had worked diligently to make the CCAP program available for African- American students, noting that 24 percent of the Culinary School graduates in the past five years were African-Americans. Following extensive discussion of the matter, Ordinance No. 40160-012015 was adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-?. NAYS: None-0.  207 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 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Epic Stop In, LLC, to amend proffered conditions as part of a rezoning at 1132 9th Street, S. E. (also known as 902 Penmar Avenue, S. E.), designed as Official Tax Map No. 4130410, and previously accepted by City Council by Ordinance No. 35952- 061702, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 30, 2014 and Tuesday, January 6, 2015. · (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. 1 dated December 22, 2014, as amended at the Planning Commission public hearing, and later submitted as Amended Application No. 2 dated January 14, 2015, is consistent with the City's Comprehensive Plan, Morningside/Kenwood/Riverdale Neighborhood Plan, and Zoning Ordinance as the amendment to the proffered conditions would allow the subject property to expand their use of the property to more closely reflect that of the surrounding neighborhood commercial properties while protecting against potential impacts with off-premise alcohol sales by prohibiting the sale of certain alcohol products based on consultation with the Police Department, which indicated that such prohibitions were effective at limiting or eliminating problems associated with retail alcohol sales. Specifically the following proffered conditions enacted by Ordinance No. 35952-061702 be amended as they pertain to the subject portion of the Official Tax No. 4130410: There will be no expansion to the structure. No single container of "beer", as that term is defined in the Virginia Code (1950), as amended, and no single container of "malt beverage", as that term is defined in 27 C.F.R.7.10 of the Code of Federal Regulations, will be sold on the premises. Any ABC license pertaining to the premises will prohibit the sale of any fortified wine, single containers of beer, and single containers of malt beverage products. No outside telephones will be placed on the property. .. .. 208 Uses of the property will be limited to the following: Office, general or professional; General service establishment, not otherwise listed Business service establishment, not otherwise listed Personal service establishment, not otherwise listed Retail sales establishment, not otherwise listed (For full text, see report on file in the City Clerk's Office.) Vice-Mayor 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, by amending conditions presently binding upon a portion of certain property conditionally zoned CN, Commercial-Neighborhood District; and dispensing with the second reading of this ordinance by title." Vice-Mayor Trinkle moved the adoption of the Ordinance. The motion was seconded by Council Member Rosen. Ahmed Elsayed, Owner, Epic Stop-in Convenience Store, 1132 9th Street which is also known as 902 Penmar Avenue, appeared before the Council in support of the request for rezoning. He pointed out that City staff had advised that the property could not be rezoned without support from the community, and he presented a petition with over 300 signatures in support. (See copy of petitions on file in the City Clerk's Office.) Mr. Elsayed said that he had been discouraged when his prior petition was not granted, but after having met with the City's Department of Economic Development, neighborhood groups, the Police Chief, and many of the area residents, he became hopeful again, especially since two new establishments had recently opened in the neighborhood with licenses to sell alcoholic beverages. Council Member Ferris asked if the two businesses to which he was referring to were the Big Lick Galley at the corner of 9th Street and Tazewell Avenue, S. E., and the new Walmart Neighborhood Market; whereupon, Mr. Elsayed answered in the affirmative, adding that the Dollar General Store that is also in the community sells alcoholic beverages. Council Member Ferris inquired as to the length of the lease on the property at 902 Penmar Avenue; whereupon, Mr. Elsayed advised that he had signed a five year .... lease that would automatically renew to ten years, commenting that he had signed the lease in October 2013.  209 Council Member Bestpitch inquired about the owner's position regarding the amended petition to rezone the property; whereupon, Mr. Elsayed responded that the owner was currently out of the country, however, his signature was on the amended petition and was in support of the amendment. Vice-Mayor Trinkle recalled the 2013 Petition for Rezoning at 902 Penmar Avenue wherein Mr. Elsayed had been under the impression that the proffers banning the sale of alcohol at said address could be easily removed. Mr. Elsayed responded that prior to signing his lease, City staff had informed him that he could file a petition to have the proffers amended, and he thought the process seemed reasonable. The Vice-Mayor inquired if Mr. Elsayed was finding it difficult to compete with other stores in the area of gth Street because they are able to sell alcohol; whereupon, Mr. Elsayed answered in the affirmative. The Mayor inquired if there were persons present who wished to speak on the matter. Duane Howard, 1121 6th Street, S. E., asked that the petition not be granted. Terry E. Huxhold, 1125 16th Street, S. E., representing Southeast Action Forum, stated that the Action Forum had voted to oppose any additional stores selling alcohol in the neighborhood, noting that the Southeast Community Action Forum had negotiated through the ABC hearings for Dollar General to not sell single servings of alcohol or fortified spirits, and he had been informed that Walmart's Corporate Offices had also agreed to not sell single servings at their new Walmart Neighborhood Store on Dale Avenue. Corbin Prydwen, 1705 Chapman Avenue, S. W., spoke in opposition for the sale of alcoholic beverages at the Epic Food Stop because the neighborhood has been struggling for years with the problem of alcohol and drugs. Cindy Turner, 1125 11th Street, S. E., spoke in support of the amendment to rezone the property. Martin Jeffrey, 421 Fairfax Avenue, N. W., spoke about neighborhoods being empowered to decide what their future is, adding that neighborhood plans have to be the way for communities to move forward. Alma Lois King, 1141 Stewart Avenue, S. E., spoke in opposition of the amendment, citing current blight in the neighborhood. Mark Powell, 655 Highland Avenue, S. E., spoke in opposition of the "' " • amendment. 210 Amy Morgan, 614 Tazewell Avenue, S. E., spoke in opposition of amending the .. ,.. proffered conditions. There being no further speakers, Mayor Bowers declared the public hearing closed. Based on information contained in the City Planning Commission's report and previous comments from the public regarding as well as in-depth discussion with City City staff and the petitioners, the proposed Ordinance as set forth above was defeated by the following vote: AYES: Vice-Mayor Trinkle and Mayor Bowers-2. NAYS: Council Members Price, Rosen, Bestpitch, Ferris, and Lea-5. OTHER BUSINESS: ARCHITECTURAL REVIEW BOARD: A Petition for Appeal filed by Tina Miller in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014, to deny amendment to the previously approved Certificate of Appropriateness in order to allow a installed balcony to remain at 301 Market Street, S. E., which is not consistent with the H-1 Guidelines, the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) . Derek Cundiff, Chairman, submitted a written report recommending on behalf of the Architectural Review Board recommending that City Council affirm its decision to deny issuance of a Certificate of Appropriateness to maintain the second floor metal balcony already installed facing Kirk Avenue, S. E., at the building at 301 Market Street, s. E. (For full text, see copy of report on file in the City Clerk's Office.) Based on his discussion with the petitioner, Mr. Cundiff recommended that the matter be remanded to the Architectural Review Board to be heard on February 12, 2015; and if the matter could not be resolved, Ms. Miller could file an appeal within 30 days. Council Price moved that the Appeal be remanded to the Architectural Review Board to be heard at its regular meeting on February 12, 2015. The motion was seconded and unanimously adopted.  211 HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, Mayor Bowers declared the Council meeting adjourned at 10:13 p.m. APPROVED ATTEST: ~Yv\. Stephanie M. Moon Reynold ~M City Clerk