City Council

355 ROANOKE CITY COUNCIL-REGULAR SESSION January 19, 2016 2:00p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 19, 2016, 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, 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, with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Anita J. Price, and Mayor David A. Bowers-5. ABSENT: Council Members Court G. Rosen and Sherman P. Lea-2. 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 Serenus T. Churn, Jr., Pastor, High Street Baptist Church. The Mayor asked for a Moment of Silence in memory of Frances V. Garland, wife of former Council Member Bob Garland, who passed away on Tuesday, January 12, 2016. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SISTER CITIES: The Mayor recognized exchange students from Wonju, Korea. He presented certificates and gifts to the students. 356 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. ZONING: Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before Council and again voiced concern regarding the rezoning process. She called attention to the rezoning request of 2123 Crystal Spring, LLC, scheduled to be heard by the Council at its 7:00 p.m. session, noting that the interested parties were not notified; and she further suggested that all rezoning signage be placed in the City's right-of-way so that it may be visible by the public. She also called attention to comments by Delegate Chris Head and asked that the City not support House Bill286. (See copy of comments on file in the City Clerk's Office.) Following comments by the Assistant City Manager for Community Development regarding the guidelines for rezoning matters, specifically that signs are not permitted in the City's right-of-way, but to be located on said property, he emphasized that the City not only meet State statue, but exceeds the requirement for notifying the public regarding rezoning matters, i.e., online notification, government access channel and correspondence. In connection with the public hearing regarding a request of 2123 Crystal Sprint, LLC, Vice-Mayor Trinkle noted a personal conflict of interest, stating inasmuch as he is a co-owner of the company and managing partner, he will reframe from any discussion and action taken regarding the matter. MISCELLANEOULS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and again complained about being terminated from the City's employment. 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 two requests for Closed Meeting from the City Manager.  357 CITY-OWNED PROPERTY: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 2206 Countryside Road, N. W., where discussion in an open meeting would adversely affect the bargaining 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 the 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, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) INDUSTRIES: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss a matter concerning 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, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the 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, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) 358 OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE-ARCHITECTURAL REVIEW BOARD-MILL MOUNTAIN ADVISORY BOARD-TOWING ADVISORY BOARD: Reports of qualification of the following individuals: The Honorable Raphael E. Ferris as an elected City official representative to replace M. Rupert Cutler (non-elected official) of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of office ending March 31, 2017; John D. Fulton (Registered Architect) and Bill Hume (Registered Architect) as members of the Architectural Review Board for four-year terms of office, each, ending October 1, 2019; John Montgomery as a member of the Mill Mountain Advisory Board for a three-year term of office ending June 30, 2018; and Roanoke City Police Captain Samuel Roman (Law Enforcement) as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2018. (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 Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE.  359 ITEMS RECOMMENDED FOR ACTION: WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD: The City Manager submitted a written communication recommending recognition of the Western Virginia Workforce Development Board Program Year 2015 Workforce Innovation and Opportunity Act (WIOA) Implementation funds for award period January 1, 2016 to June 30, 2016. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#40419-011916) A RESOLUTION acknowledging and recognizing the PY2015 Workforce Innovation and Opportunity Act ("WIOA") funding from the Virginia Community College System in the amount of $15,000.00 for WIOA activities, for the award period of January 1, 2016, through June 30, 2016, the foregoing funding to be administered by the Western Virginia Workforce Development Board. (For full text of resolution, see Resolution Book No. 78, page 129.) Council Member Price moved the adoption of Resolution No. 40419-011916. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) RESCUE SQUAD ASSISTANCE FUND: The City Manager submitted a written communication recommending acceptance and transfer of the Rescue Squad Assistance Fund (RSAF) Grant from the Virginia Department of Health, Office of Emergency Medical Services, to purchase equipment and supplies for use by the Fire/EMS Department. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#40420-011916) 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. 78, page 130.) 360 Vice-Mayor Trinkle moved the adoption of Resolution No. 40420-011916. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) Vice-Mayor Trinkle offered the following budget ordinance: (#40421-011916) 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 2015 - 2016 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 131.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40421-011916. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) CITY CODE: The City Manager submitted a written communication recommending amendment of the City Code Section 30-111(d), Pole Mounted Banners, to extend the length of time a pole mounted banner and flag can be displayed. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40422-011916) AN ORDINANCE amending Section 30-111(d), Time Limitations, of Article VI, Erection and Maintenance of Flags, Pole-Mounted Banners. Banners. and Holiday Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke ( 1979), as amended, to provide for a longer time period for pole- mounted banners and to include a reference to pole-mounted banners as set forth below; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 132.)  361 Council Member Ferris moved the adoption of Ordinance No. 40422-011916. The motion was seconded by Council Member Bestpitch. Council Member Ferris mentioned seeing decorative festival banners in various cities during one of his recent travels, and thought the matter was worthy of the City's attention. The City Manager noted that the downtown merchants were responsible for the banners in the downtown area; however, an opportunity did exist for the banners to be displayed for a longer period of time in the West End area based on the number of days. In response to question posed by Mayor Bowers, Mr. Morrill responded that the City does have a replacement program. Based on question by Council Member Bestpitch regarding improvements at the War Memorial Plaza, Sherman M. Stovall, Assistant City Manager for Operations, replied that the flags were replaced as necessary and flown and removed daily by City staff. There being no additional comments and/or questions, Ordinance No. 40422- 011916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) COMMENTS BY THE CITY MANAGER. The City Manager shared the following comments: Star Stories Needed • Roanoke Public Libraries is collecting star stories - written and oral stories that have unfolded at the Star on Mill Mountain. • The public is invited to help shape this colorful collection of stories representing the vibrant, remarkable people who make the Roanoke Valley shine. • Library staff and volunteers will record and archive countless tales about funny moments and interesting events that have occurred at the Star. • Mill Mountain Theatre will celebrate the legacy of theatre on the mountain by using the stories to provide inspiration for "Starcropolis" - Theatre Under the Star, which will be held September 4 on Mill Mountain. • People can share a star story by calling (540) 632-2203 or going online to roanokeva.gov/virginiaroom, or stop by the Main Library on Jefferson Street. 362 Solid Waste Collection Schedule Changes • Because city offices were closed on Monday, January 18, for the Martin Luther King Jr. holiday, the solid waste collection for the week has changed. • All residential/commercial solid waste collection (including, bulk, brush, and BWeek recycling) will be delayed one day. • The Central Business District will be worked on schedule Monday, January 18, through Saturday, January 23. • For more information, call 853-2000, option 1. City, Virginia Tech to Host LEAN Conference • Virginia Tech and the City of Roanoke will host "Implementing LEAN: Operational Excellence for Local Government," on March 3 and 4 at Hotel Roanoke and Conference Center. • The first of its kind in the country, this conference will share effective leadership and Lean systems to create greater customer satisfaction and efficiency in government. o Keynote speakers will include Teresa Hay McMahon, Executive Director of the Iowa Lean Consortium (ILC). Local speakers will include Mike Parrish with Carilion, Roanoke Police Chief Chris Perkins, and Eileen Van Aken, Ph.D., Professor, Associate Department Head, and Undergraduate Program Director for the Industrial and Systems Engineering (ISE) Program at Virginia Tech's College of Engineering. Registration deadline is February 25: - http://www.cpe.vt.edu/ilean/registration.html. SNOW REMOVAL: The Assistant City Manager for Operations gave an update on the projected snow event scheduled to commence on Friday, January 22 at 7:00 a.m. He urged citizens to park in their driveways whenever possible and to shovel to the right so that the snow plows can shovel to the left. Lastly, he reported that the Refuse Collection may have to abandon trash collection due to short work week. He said citizens should call (540) 853-2000, Option 8, with questions or concerns. CITY ATTORNEY: TECHNOLOGY: The City Attorney submitted a written communication recommending Approval of Amendment No.6 to agreement between CGI Technologies and Solutions, Inc., and the City of Roanoke; and ratification of Amendments Nos. 3, 4 and 5. (For full text, see communication on file in the City Clerk's Office.)  363 Vice-Mayor Trinkle offered the following ordinance: (#40423-011916) AN ORDINANCE ratifying and authorizing the City Manager's prior issuance and execution of Amendments Nos. 3, 4, and 5, to the Proprietary Software Maintenance Agreement dated February 3, 2004, between the City and CGI Technologies and Solutions Inc. ("CGI"), successor to American Management Systems, Inc. ("Maintenance Agreement"); authorizing the City Manager's issuance and execution of Amendment No. 6 to the Maintenance Agreement with CGI, in connection with the City's licensing of CGI's Advantage financial management software ("Software"); and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 133.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40423-011916. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A report of the Roanoke City School Board 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.) Vice-Mayor Trinkle offered the following budget ordinance: (#40424-011916) AN ORDINANCE to appropriate funding from the Commonwealth 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 133.) 364 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40424-011916. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) LEGISLATURE: Council Member Bestpitch transmitted a report on behalf of Council Member Court G. Rosen, Chair, Legislative Committee, advising that the Governor's proposed Fiscal Year 2017 budget proposes the expenditure of $1.0 Million to plan for the closure of Catawba Hospital in Fiscal Year 2018. He further advised that without careful consideration of the needs of the Roanoke Valley for accessible mental health and adult care services, the closure of Catawba Hospital could have a significant and adverse impact on our region; and that localities in the region were adopting measures to express collective concerns regarding the impact of the closure of said essential facility. Mr. Rosen recommended that Council consider adoption of a resolution regarding the impact on the region of the closing of Catawba Hospital (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40425-011916) A RESOLUTION urging no action to be taken by the General Assembly to diminish mental health services for the most seriously and persistently mentally ill citizens of the Roanoke region of Virginia. (For full text of ordinance, see Ordinance Book No. 78, page 135.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40425- 011916. The motion was seconded by Council Member Price. Following comments by Council Members Bestpitch and Price and Vice-Mayor Trinkle, Resolution No. 40425-011916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.)  365 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. At 3:28 p.m., the Council meeting was declared in recess for a Closed Session in the Council's Conference Room, and to be reconvened at 7:00p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting was reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Anita J. Price, and Mayor David A. Bowers-5. ABSENT: Council Members Court G. Rosen and Sherman P. Lea-2. 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 Boy Scout Troop #210 from South Roanoke United Methodist Church. 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 Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.)  367 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 January 2016. S/David B. Trinkle David B. Trinkle Vice-Mayor and Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) Ann B. Trinkle, Co-owner, appeared before the Council in support of the rezoning. 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 offered a substitute motion to have the matter continued until the next regular meeting of Council scheduled for Monday, February 1, 2016 at 2:00 p.m., since two members of Council were absent and Vice-Mayor Trinkle had disclosed having a personal conflict of interest. The substitute motion was seconded by Council Member Price and adopted, with Vice-Mayor Trinkle abstaining. - 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 19, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of JETR, LLC, to rezone property at 2121 Dale Avenue, S. E., an approximately 0.057 acre northeastern portion of 2125 Dale Avenue, S. E., that extends to Dale Avenue, S. E., and an approximately 0.05 acre northwestern portion of 2137 Dale Avenue, S. E., that extends to Dale Avenue, S. E., from MXPUD, with conditions, to CG, with conditions; and amend conditions proffered as part of a previous rezoning pursuant to Ordinance No. 40032-081814 adopted by the Roanoke City Council on August 18, 2014, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 29, 2015, and Tuesday, January 5, 2016. (See publisher's affidavit on file in the City Clerk's Office.) 368 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No.1 is consistent with the City's Comprehensive Plan, Morningside/Kenwood/Riverdale Neighborhood Plan, and Zoning Ordinance as a parcel to be developed for an active use appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40426-011916) AN ORDINANCE to rezone certain property located at 2121 Dale Avenue, S. E., an approximately 0.057 acre portion of 2125 Dale Avenue, S. E., and an approximately 0.05 acre portion of 2137 Dale Avenue, S. E., from MXPUD, Mixed Use Planned Unit Development District, with conditions, 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 137.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40426-011916. The motion was seconded by Council Member Ferris. Joe Thompson, Manager, JETR, LLC, appeared before Council in support of the amendment. 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. 40426-011916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.)  369 LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 19, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 3,000 square feet of City-owned property located in the Center in the Square Parking Garage at 11 Campbell Avenue, S. E. to the Orvis Company, Inc., for commercial and retail purposes, for a term of five years, commencing February 1, 2016 and expiring January 31, 2021, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, January 11, 2016. (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 Orvis Company, Inc. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40427-011916) AN ORDINANCE authorizing the City Manager to execute a lease agreement with The Orvis Company, Inc., for approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for the purpose of operating a retail business; and dispensing with - the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 139.) Council Member Ferris moved the adoption of Ordinance No. 40427-011916. 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. Following comments by Council Member Bestpitch regarding an email from the Southeast Action Forum in favor of the lease agreement between Orvis and the City of Roanoke, Ordinance No. 40427-011916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-0. (Council Members Rosen and Lea were absent.) 370 HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, Mayor Bowers declared the Council meeting adjourned at 7:21 p.m. APPROVED ATTEST: ~:::~~~~~ City Clerk