City Council

187 ROANOKE CITY COUNCIL-REGULAR SESSION October 19, 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, October 19, 2015, at 2:00p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Stephanie M. Moon Reynolds, City Clerk, 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. 40280-070615 adopted by the Council on Monday, July 6, 2015. PRESENT: NONE. ABSENT: 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-?. OTHERS PRESENT: Daniel J. Callaghan, City Attorney. DUE TO LACK OF A QUORUM AND AGENDA ITEMS, THE CITY CLERK DECLARED THE 2:00 P.M. SESSION IN RECESS UNTIL 7:00P.M., IN THE CITY 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 Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, William D. Bestpitch, Sherman P. Lea, 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; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Mayor David A. Bowers. 188 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ANNOUNCEMENTS: RECREATION: The City Manager shared a video entitled "Roanoke Region of Virginia: Work Hard, Play Hard, Live Easy" that had been posted on YouTube. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENTS-PROCLAMATIONS-DISABLED PERSONS: The Mayor declared October 2015 as Disability Employment Awareness Month. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Mayor Bowers presented a ceremonial copy of the proclamation to Antwyne Calloway, Blue Ridge Independent Living Center. ACTS OF ACKNOWLEDGEMENTS-PROCLAMATIONS-YOUTH: The Mayor declared October 2015 as National Youth Justice Awareness Month. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Mayor Bowers presented a ceremonial copy of the proclamation to Colleen French, Director, and Lloyd Merchant, Supervisor, 23A, Court Services Unit, respectively. At this point, Council Member Price entered the meeting (7:14p.m.). NEW BUSINESS: CITY COUNCIL: Vice-Mayor Trinkle offered the following resolution due to the lack of a quorum and the lack of agenda items at the 2:00 p.m. Regular Session of Council for Monday, October 19, 2015: (#40364-1 01915) A RESOLUTION ratifying the recessing of the Regular Session of City Council scheduled for Monday, October 19, 2015, at 2:00 p.m., by the City Clerk due to a lack of a quorum and agenda items. (For full text of resolution, see Resolution Book No. 78 page 12.)  189 Vice-Mayor Trinkle moved the adoption of Resolution No. 40364-101915. The motion was seconded by Council Members Lea and Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ROANOKE GAS-FRANCHISES-LICENSES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider bids for a Gas Franchise Agreement and Pipeline License Agreement, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the Council concur in the request of the City Manager as above described. The motion was seconded by Council Members Bestpitch and Lea and adopted. ELECTIONS-VOTING PRECINCTS: A communication from the City Attorney requesting that Council schedule a public hearing for Monday, November 16, 2015, at 7:00p.m., or as soon thereafter as the matter may be heard, to consider the adoption of a proposed Ordinance to realign voting precincts, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that the Council concur in the request of the City Attorney as above described. The motion was seconded by Council Member Price. Council Member Lea inquired about the effective date of the proposed Ordinance should it be adopted at the November 16 public hearing; whereupon, the City Attorney stated that the effective date would be December 31, 2015, with the first primary being held on March 2016, adding the city currently has 32 voting precincts and one absentee precinct, and the proposal would realign the voting precincts with the 21 voting precincts, plus one absentee precinct. In response to Council Member Price's inquiring as to whether there will be maps available if the public wanted to review the information prior to the public hearing on November 16; whereupon, Mr. Callaghan responded that City staff anticipates having the notice published twice in the local newspaper, once on November 2 and November 9, with copies of maps and proposed ordinance available on November 2 for review by the public in the City Clerk's Office and possibly online at the City's website. 190 There being no further comments by the Council, the City Attorney's request was adopted. EASEMENTS-ROANOKE GAS: The City Attorney submitted a written communication recommending authorization to convey to the Roanoke Gas Company a revised ten foot wide gas line easement across City-owned property known as Official Tax Map No. 4015003, previously authorized by City Council on September 8, 2015. (See copy of communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40365-101915) AN ORDINANCE authorizing the conveyance of a forty (40) year non-exclusive gas line easement, with an approximate width of ten (10) feet, across City-owned property located at 25 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4015003, to Roanoke Gas Company ("Roanoke Gas"), 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. 78, page 12.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40365-101915. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) 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; and the Director of Finance submitted a written report concurring in the request. (For full text, see reports on file in the City Clerk's Office.)  191 Council Member Price offered the following budget ordinance: (#40366-1 01915) AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth grants and the Schools General Fund for various educational programs, amending and reordaining certain sections of the 2015 - 2016 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 13.) Council Member Price moved the adoption of Budget Ordinance No. 40366- 101915. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) NATIONAL LEAGUE OF CITIES: Vice-Mayor Trinkle offered the following resolution designating the Honorable Raphael E. Ferris as the Voting Delegate and the Honorable Anita J. Price as the Alternate Voting Delegate for the Business Meeting for the Annual National League of Cities Congress of Cities and Exposition to be held on Saturday, November 7, 2015, in Nashville, Tennessee: (#40367-101915) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the National League of Cities Congress of Cities and Exposition. (For full text of resolution, see Resolution Book No. 78 page 17.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40367-101915. The motion was seconded by Council Member Rosen and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) 192 INDUSTRIES: R. Brian Townsend, Assistant City Manager for Community Development, submitted a written communication on behalf of the City Manager requesting that Council convene in a Closed Meeting to discuss a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950}, as amended . (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Franklin Road Properties, LLC, to rezone property located at 3302 Franklin Road, S. W ., from R-12, Residential Single-Family District, to MX, Mixed Use District, subject to a certain proffered condition, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 29, and Tuesday, October 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the rezoning request, finding that the Amended Application No. 1 was consistent with the overall goals of the City's Comprehensive Plan, Franklin Road/Colonial Avenue Area Plan, .and Zoning Ordinance as the subject property would be developed in a manner compatible with the surrounding area. (For full text, see report on file in the City Clerk's Office.)  193 Council Member Bestpitch offered the following ordinance: (#40368-101915) AN ORDINANCE to rezone certain property located at 3302 Franklin Road, S. W., from R-12, Residential Single-Family District, to MX, Mixed Use District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 17.) Council Member Bestpitch moved the adoption of Ordinance No. 40368-101915. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council, asked that lot postings be visible to the public, and all rezoning petitions affecting a neighborhood be made known to the neighborhood representatives. She shared two of three photographs in support of her statement that the general public and the residents of South Roanoke were not aware of the property rezoning. (See copy of email and photographs on file in the City Clerk's Office.) John Chappell, 3877 White Oak Road, S. W., appeared before the Council and expressed his disappointment and opposition to the proposed rezoning as stated in an email distributed to the Council. (See copy of email on file in the City Clerk's Office.) Frank Smith, 3021 Rosalind Avenue, S. W., appeared before the Council in support of the rezoning request, believing that the area will be improved. Scott Strelow, 5770 Club Lane, Roanoke County, appeared before the Council in support of his petitioner. Maryellen F. Goodlatte, Attorney, appeared before Council as representative for the petitioner and spoke in support of the rezoning request and shared aerial view photos of the area. There being none additional speakers, Mayor Bowers declared the public hearing closed. 194 Following lengthy discussions regarding the proposed rezoning, Ordinance No. 40368-101915 was adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) ZONING : Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Hunter Real Estate Group, LLC, to rezone property located at 2514 and 2518 Williamson Road, N. E. , from CN, Commercial-Neighborhood District, to CG, Commercial-General District, subject to certain proffered conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 29, and Tuesday, October 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the rezoning request, finding that the Original Application was consistent with the overall goals of the City's Comprehensive Plan, Williamson Road Area Plan, .and Zoning Ordinance as the subject property would be redeveloped for an active use in a manner compatible with the surrounding area. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40369-101915) AN ORDINANCE to rezone certain properties located at 2514 and 2518 Williamson Road, N. E., from CN, Commercial Neighborhood District, to CG, Commercial-General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 19.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40369-101915. The motion was seconded by Council Member Rosen.  195 Maryellen F. Goodlatte, Attorney, representing Hunter Real Estate Group, LLC, appeared before the Council 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. 40369-101915 was adopted by the following vote: AYES: Council Members Price, Trinkle, Bestpitch, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Member Ferris was absent.) (Council Member Rosen was out of the Council Chamber when the vote was recorded.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Planning Commission to amend Section 36.2-311, Use table for residential districts, Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, as it relates to accessory uses "home occupation, personal service", in certain residential districts, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 29, and Tuesday, October 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the proposed amendment to the Zoning Ordinance. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#40370-1 01915) AN ORDINANCE correcting an error removing the right to have the accessory use "Home occupation , personal service" in certain residential districts in accordance with Section 36 .2-311, Use table for residential districts, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 19.) 196 Council Member Rosen moved the adoption of Ordinance No. 40370-101915. The motion was seconded by Vice-Mayor 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. 40370-101915 was adopted by the following vote: AYES: Council Members Price, Trinkle, Rosen, Bestpitch, Lea, 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 Monday, October 19, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of PRMC, LLC, to amend the Planned Unit Development Plan as it pertains to 4414 Pheasant Ridge Road, S. W.; 4345 Griffin Road, S. W.; four unaddressed lots on Griffin Road, S. W.; and three unaddressed lots on Van Winkle Road, S. W., to permit construction of a 64 unit memory care facility and a 90 unit assisted living facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 29, and Tuesday, October 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan and Zoning Ordinance as it maximizes development potential of the site. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#40371-101915) 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 the Institutional 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;  197 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; and dispensing with the second reading of this ordinance by title . (For full text of ordinance, see Ordinance Book No. 78, page 21.) Council Member Lea moved the adoption of Ordinance No. 40371-101915. The motion was seconded by Vice-Mayor Trinkle. Due to a personal interest in the above matter, Council Member Rosen advised that he must reframe from participating in any discussions; and read the following statement for the record: "STATEMENT OF CONFLICT OF INTEREST I, Court B. Rosen, state that I have a personal interest in agenda item C.4., regarding the request of PRMC, LLC to amend a Planned Unit Development Plan as it pertains to 4414 Pheasant Ridge Road, S.W., 4345 Griffin Road, S.W., four unaddressed lots on Griffin Road, S.W. and three unaddressed lots on Van Winkle Road, S.W., because PRMC, LLC is an affiliate of my employer, Smith /Packett Med-Com, LLC. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 19th day of October 2015. S/Courtney G. Rosen Courtney G. Rosen Council Member'' (See copy of Statement of Conflict of Interest on file in the City Clerk's Office.) Aubury Holmes, representing the petitioner, 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. 198 Following supportive comments by Council Member Lea, Ordinance No. 40371- 101915 was adopted by the following vote: AYES: Council Members Price, Trinkle, Bestpitch, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Member Ferris was absent.) (Council Member Rosen abstained from voting.) STATE HIGHWAYS-PARKS-STREET IMPROVEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 19, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to transfer a permanent easement to the Commonwealth of Virginia Department of Transportation, consisting of an approximately 0.239 acre portion of City-owned property, known as Brown-Robertson Park, located in the southwestern portion of such Park, on 101h Street, N. W.; and the transfer of a temporary construction easement on an approximately 0. 775 acre portion of such Park, in connection with the Tenth Street Improvement Project, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 12, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending authorization to convey easements across portions of City-owned property designated as Official Tax Map No. 2050402, 2050305, 2050306, and 2050307, to the Commonwealth of Virginia Department of Transportation in support of the 1oth Street Improvement Project. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40372-101915) AN ORDINANCE authorizing the conveyance of a permanent drainage easement containing approximately 0.239 acres across City-owned property known as a portion of Brown-Robertson Neighborhood Park situated at 0 (zero) 1Oth Street, N. W. ("Park"), designated as a portion of Roanoke Official Tax Map No. 2050402, and a temporary construction easement containing approximately 0.775 acres, across a portion of the Park, such portion being parts of the lots designated as Roanoke Official Tax Map Nos. 2050402, 2050305, 2050306, and 2050307, (collectively, the "Easements") to the Commonwealth of Virginia, Department of Transportation ("VDOT"), such Easements in support of VDOT's 1oth Street Improvement Project ("Project"); authorizing the City Manager to execute deeds of easements and other necessary documents to convey the Easements to VDOT;  199 ratifying and confirming City Council's intent for the fee simple conveyance to VDOT of a 0.556 acre portion of the Park consisting of Roanoke Tax Map Nos. 2050402, 2050305, 2050306 and 2050307, as authorized by Ordinance No. 39890-031714, 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. 78, page 23.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40372-101915. The motion was seconded by Council Member 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. 40372-101915 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) EASEMENTS-STORM DRAINS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 19, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to vacate an existing 15-foot storm drain easement situated at McVitty Road, S. W., for development of a medical office space and other commercial purposes by Gatewood Green, LLC; and dedication of a new 10-foot public drainage easement to the City and a variable width private drainage easement to be maintained by Gatewood Green, LLC, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 12, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending authorization to vacate a drainage easement previously dedicated to the City across Official Tax Map Nos. 5100534 and 5100535, and to dedicate a new drainage easement across Official Tax Map No. 5100527 in support of the Gatewood Green Development. (For full text, see report on file in the City Clerk's Office.) 200 Council Member Rosen offered the following ordinance: (#40373-1 01915) AN ORDINANCE authorizing the City Manager to execute the appropriate documents for the vacation of an existing 15' drain easement held by the City across private real property designated as Roanoke Official Tax Map Nos. 5100534 and 5100535, owned by Gatewood Green, LLC ("Gatewood"), in exchange for the dedication of a new 10' drainage easement to the City across an adjacent parcel of real property owned by Gatewood designated as Roanoke Official Tax Map No. 5100527, in connection with Gatewood's development of such real property for commercial purposes, 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. 78, page 25.) Council Member Rosen moved the adoption of Ordinance No. 40373-101915. The motion was seconded by Vice-Mayor 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. 40373-101915 was adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-0. (Council Member Ferris was absent.) HOSPITALS-VIRGINIA WESTERN COMMUNITY COLLEGE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 19, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease an approximately 0.1671-acre parcel of property, to be acquired and owned by the City, located at 709 South Jefferson Street, S. W., known as the former Gill Memorial Hospital Building, to Virginia Western Community College Educational Foundation, Inc., for a term of five years, commencing on the date the Foundation, or its designee, first occupies the Gill Memorial Property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 8, 2015. (See publisher's affidavit on file in the City Clerk's Office.)  201 The City Manager submitted a written report recommending authorization to approve the terms of the Management Services Agreement and Lease Agreement between the City and the Virginia Western Community College Educational Foundation, Inc., 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 Rosen offered the following ordinance: (#40374-101915) AN ORDINANCE authorizing the City Manager to execute a lease agreement and services agreement with Virginia Western Community College Educational Foundation, Inc. ("Foundation"), for the lease of an approximately 0.1671 acre parcel of City-owned property located at 709 South Jefferson Street, S. W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building ("Gill Memorial Property"), designated as Roanoke City Official Tax Map No. 1020510; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 26.) Council Member Rosen moved the adoption of Ordinance No. 40374-101915. The motion was seconded by Council Member Price. Due to having a personal interest in the abovementioned matter, Vice-Mayor Trinkle advised he must reframe from participating in any discussions; and read the following statement for the record: "STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item C.?., regarding the public hearing to consider the proposal of the City to enter into a lease agreement with Virginia Western Community College Foundation, Inc. for property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building that the City will acquire from Carilion Services, Inc. because my employer, Carilion Clinic, is affiliated with Carilion Services, Inc. I have not participated in this transaction on behalf of my employer. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting." Witness the following signature made this 191h day of October 2015. S/David B. Trinkle David B. Trinkle Vice Mayor and Member of Council" (See copy of Statement of Conflict of Interest on file in the City Clerk's Office.) 202 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 reported that the Virginia Western Community College Educational Foundation, Inc., had expressed an interest to enter into a five-year lease agreement with the City to operate an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors at the property known as the former Gill Memorial Hospital Building located at 709 South Jefferson Street; and in additional to operating the Acceleration Center, the Foundation will also serve as sub-landlord and property manager for the Gill Memorial Property. He pointed out that the Foundation shall operate and manage the Acceleration Center, collect subtenant rents, and pay all operating; and the Roanoke-Blacksburg Innovation Network will assist the Foundation with the operation of the Acceleration Center in several ways, including fundraising efforts, selection of staff, and recommendation of specific programs that support entrepreneurs and companies housed within the Acceleration Center. In conclusion, Mr. Morrill explained that the Foundation will be seeking additional funding from the Economic Development Authority of the City of Roanoke in the form of an initial grant of $40,000.00 to pay for the purchase of furniture and fixtures, and offset operating expenses, followed by a request for $20,000.00 per year over a three-year period to off-set operating expenses, which request will be considered by the Authority at its meeting on October 21, 2015; and the City will assist offsetting any deficit in years when operating expenses exceed operating revenues by providing a cash payment to the Foundation. Even though he serves as an adjunct professor at Virginia Western Community College, and does not receive the threshold amount of $5,000.00, Mayor Bowers offered a public disclaimer that he does not have a legal conflict and would be participating in any discussions with regard to the matter. Following questions and comments by several Council Members and additional remarks by the City Attorney regarding the lease agreements and completion of renovations, Ordinance No. 40373-101915 was adopted by the following vote: AYES: Council Members Price, Rosen, Bestpitch, Lea, and Mayor Bowers-5. NAYS: None-0. (Council Member Ferris was absent.) (Vice-Mayor Trinkle abstained from voting.)  203 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. Christy Dutilly, 1128 Deer Park Lane, Moneta, Virginia, appeared before the Council and spoke about her denial to operate a bed and breakfast in the City of Roanoke by the Board of Zoning Appeals because she is not a full-time City resident. Angela Yarbrough, 121 Oak Ridge Court, Blue Ridge, Virginia, appeared before the Council to seek support in urging the General Assembly and United States Congress to adopt anti-corruption legislation for tough new laws for politicians, lobbyists and super PACS. (See copy of resolution supporting anti-corruption legislation.) Chuck Simpson, 2014 Kenwood Boulevard, N. E., Erin Rafferty, 631 Campbell Avenue, S. W., Apartment 206, The Reverend David and Ann Denham, 3512 Wright Road, S. W., Rachel Theo-Maurelli, 1228 Dale Avenue, S. E., Jim Hammerstrom, 1523 Westover Avenue, S. W., Joan Wages, 1001 Chesterfield Street, S. W., and Martin Jeffrey, 421 Fairfax Avenue, N. E., appeared before the Council and spoke in support of a proposed anti-corruption resolution, respectively. Following remarks regarding the issue, the matter was referred to the Legislative Committee for discussion at its meeting on Monday, November 3 at 9:00 a.m., in the Council Chamber. Bryan Pfeifer appeared before the Council with regard to the School Board's decision to outsource its food service and the affect it is having on the employees. Chris Craft appeared before the Council and expressed concern about the delay in traffic in connection with the 13th Street and Orange Avenue Improvement Project. (See written remarks on file in the City Clerk's Office.) Following remarks with regard to project, Mr. Craft remarks were referred to the City Manager; and the City Manager was requested to provide the Council with a written report as to the matters involving King Street, N. E., and the bridge construction project. At 9:43 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. 204 At 10:13 p.m., the Council meeting reconvened. 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Lea, and Mayor Bowers-6. NAYS: None-D. (Council Member Ferris was absent.) There being no further business, Mayor Bowers declared the Council meeting adjourned at 10:14 p.m. APPROVED ATTEST: ~::l:~ City Clerk