City Council

163 ROANOKE CITY COUNCIL-REGULAR SESSION October 17, 2016 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, October 17, 2016, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Sherman P. Lea, Sr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 40579-070516 adopted by the Council on Tuesday, July 5, 2016. PRESENT: Council Members Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch and Mayor Sherman P. Lea, Sr.-7. 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 Father Louis Benoit, Retired Priest, Saint Gerard Catholic Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS-CHURCHES: The Mayor declared Saturday, October 29, 2016 as Saint Gerard Catholic Church Day in honor of its 701h Anniversary. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Mayor Lea presented ceremonial copies of the proclamation to Charles Anderson, oldest Parish Member; and Father Louis Benoit, Retired Priest. 164 ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS-RAYSAC: The Mayor declared October 23 - 30, 2016 as Red Ribbon Week. (See ceremonial copy of proclamation on file in the City Clerk's Office.) Mayor Lea presented a ceremonial copy of the proclamation to Karen Pill is, Vice- Chair, Red Ribbon Week Committee, Roanoke Area Youth Substance Abuse Coalition (RAYSAC); and Corporal Cody Jackson, Young Marine Program. ACTS OF ACKNOWLEDGEMENT-VIRGINIA MUNICIPAL LEAGUE: Mayor Lea announced that the Stairway to Success and Green Government Challenge Platinum Certification Awards were presented to the City at the Virginia Municipal League Conference held on Tuesday, October 10, 2016, in Virginia Beach, Virginia. Mayor Lea presented the awards to the City Manager and staff. 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. DRUGS: Dr. Melanie Crovo, 1952 Grandin Road, S. W., appeared before Council and spoke about decriminalizing marijuana and urged the Council to have a group discussion of the matter. ECONOMIC DEVELOPMENT: Robert Gravely, 3360 Hershberger Road, N. W., appeared before Council and spoke about creation of jobs for the community. GUNS: The following persons appeared before the Council regarding legislation prohibiting semi-automatic weapons in public buildings: Gary Flora, 4833 Brookwood Drive, Roanoke County, appeared before Council and questioned the ban on semi-automatic weapons. Catherine Koebel, 2625 Longview Avenue, S. W., appeared before Council and spoke about a database on defending gun use in the City of Roanoke and the lack of evidence on gun use to save lives. Mary Nottingham, 3214 Allendale Street, S. W, appeared before Council and spoke in support of legislation to prohibit semi-automatic weapons in public buildings and to include the City of Roanoke in the legislation.  165 David Harrison, 5305 Medmont Circle, S. W., appeared before Council and expressed appreciation for their commitment to gun safety; and spoke in support of gun legislation. Daniel Highberger, 1327 Main Street, S. W., appeared before Council and shared data on the use of semi-automatic weapons and no one should try to restrict rights of law abiding citizens to defend themselves. Roger Malouf, 4025 Mudlick Road, S. W., appeared before Council and spoke in support of proposed gun legislation to ban concealed semi-automatic weapons in public places. Matthew Jones, 2610 Belle Avenue, N. E., appeared before Council and spoke about improving policing efforts to decrease crime in the City, and to ban guns in public buildings in the City. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to one Closed Meeting request from the City Manager. CITY-OWNED PROPERTY: A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss disposition of publicly-owned property, located at 13 Church Avenue, S. E., {Tax Map No. 4011706), where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Trinkle, the motion was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 166 ANNUAL REPORTS-FAIR HOUSING BOARD: Annual Report of the Fair Housing Board of the City of Roanoke for Fiscal Year ending 2015 - 2016, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Ferris moved that the Annual Report be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-CITY ATTORNEY-CITY CLERK-MUNICIPAL AUDITOR- ECONOMIC DEVELOPMENT AUTHORITY-BUILDING AND FIRE CODE BOARD OF APPEALS-YOUTH SERVICES CITIZEN BOARD: Reports of qualification of the following individuals were before the Council: Daniel J. Callaghan as City Attorney; Stephanie M. Moon Reynolds as City Clerk; and Troy A. Harmon as Municipal Auditor of the City of Roanoke for two-year terms of office, each, commencing October 1, 2016 and ending September 30, 2018; William Poe as a Director of the Economic Development Authority for a four-year term of office ending October 20, 2020; Corbin Prydwen as a Property Management representative of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2019; and Cerid E. Lugar as a member (Citizen At-Large) of the Youth Services Citizen Board for a three-year term of office ending June 30, 2019. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0.  167 - REGULAR AGENDA BID OPENINGS: MARKET GARAGE-LEASES: Pursuant to notice of advertisement that the City is inviting bids from qualified bidders for the sale and transfer of certain easements on City-owned properties within the City, all of which easements are set forth in the proposed Deed of Easements, Confirmatory Deed of Easement Rights and Obligations (Deed), subject to the terms and conditions of the proposed Deed, said bids are to be submitted in a sealed envelope or container to the City Clerk on or before 12:00 noon, on Monday, October 17, 2016; and all bids received will be held by the City Clerk, unopened until 2:00 p.m., at which time they will be delivered to the Council Chamber, and thereafter by publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950), as amended. The Mayor inquired if there were additional bids, there being none, he instructed the City Clerk to open and read aloud all bids received prior to the deadline. The City Clerk opened and read the sole bid received from South - Commonwealth Partners, LLC, for the acquisition, execution, grant, and delivery of the Deed in order to develop, construct, operate, and maintain a hotel consisting of 127 rooms at the Market Garage, 25 Church Avenue, S. E., upon substantially similar terms as contained in the proposed Deed that was on file in the City Clerk's Office. (See copy of bid on file in the City Clerk's Office.) The Mayor advised that the sole bid would be referred to the City Manager for review, evaluation and recommendation to the Council. PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CITY JAIL-BUDGET: The Honorable Timothy Allen, City Sheriff, submitted a written communication recommending acceptance of the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant from the Bureau of Justice Assistance Office in conjunction with the U. S. Department of Homeland Security to partially fund the purchase of a new inmate transport vehicle; and the City Manager submitted a written communication concurring in the request. - (For full text, see communications on file in the City Clerk's Office.) 168 Council Member Trinkle offered the following resolution: (#40670-1 01716) A RESOLUTION authorizing acceptance of the State Criminal Alien Assistar:~ce Program (SCAAP) Grant made to the City of Roanoke Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 490.) Council Member Trinkle moved the adoption of Resolution No. 40670-101716. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. Council Member Trinkle offered the following budget ordinance: (#40671-101716) AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2016 - 2017 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 491.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40671- 101716. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE.  169 ITEMS RECOMMENDED FOR ACTION: STORMWATER-DRAINAGE: The City Manager submitted a written communication recommending acquisition of real property rights for the Windsor Road Stormwater Drainage Improvements Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40672-101716) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Windsor Road Stormwater Drainage Improvements Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. '(For full text of ordinance, see Ordinance Book No. 78, page 491.) Council Member Ferris moved the adoption of Ordinance No. 40672-101716. The motion was seconded by Council Member Bestpitch. The City Manager advised that Stormwater projects began several years ago when Council added the project to the Capital Improvement Plan and implemented the Stormwater Utility Fee based on the square footage of impervious surfaces on all City property, adding that with the increased funding, the projects were expanded to reduce flooding, and to better maintain the stormwater system by cleaning the water prior to flowing into the river. In response to an inquiry regarding costs related to the Stormwater projects, the Assistant City Manager for Operations replied that $4.2 million was the total amount appropriated in the budget to address storm drain projects and reminded the Council that funding for storm drain projects was added to the Capital Improvement Program starting in Fiscal Year 2012, adding this was the first time since the mid-1990's that funding was appropriated for said purpose. Following City staff remarks, Ordinance No. 40672-101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 170 MARKET GARAGE-EASEMENTS: The City Manager submitted a written communication recommending approval of two encroachment permits into the City's public right-of-way to allow placement of an existing sign and canopy, respectively, in connection with the new Hampton Inn located at the corner of Luck and Church Avenue, S. E. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40673-1 01716) AN ORDINANCE authorizing two (2) existing encroachments, at the request of South Commonwealth Partners, LLC, a South Carolina limited liability company, into the public right-of-way of the City of Roanoke, in connection with the development of the downtown Hampton Inn, at the following locations: (1) at the corner of Luck Avenue, S. E., and Church Avenue, S. E., Roanoke, Virginia, in front of the new Hampton Inn, and between the first and second levels of the northern fac;ade of the parking garage structure designated as Official Tax Map No. 4015004, and (2) on the side of Church Avenue, S. E., Roanoke, Virginia, on the side of the new Hampton Inn, and between the first and second levels of the northern fac;ade of the parking garage structure designated as Official Tax Map No. 4015004; 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 493.) Council Member Trinkle moved the adoption of Ordinance No. 40673-101716. The motion was seconded by Council Member Ferris. The City Manager mentioned that this Ordinance deals with the new Hampton Inn & Suites that opened on the top of the Market Parking Garage located at Luck and Church Avenue, S.E. He reiterated that the project has helped brand downtown Roanoke as a destination for growing tourism. Lastly, he thanked the management from Greenville, South Carolina who made an investment in downtown Roanoke. Mayor Lea asked whether a grand opening date had been announced, whereby Mr. Morrill replied that he was not certain if a date had been set; however, hotels usually have a soft opening, with minimal advertising, and he mentioned an announcement may be made in the next few weeks.  171 Following the City Manager and Mayor's comments, Ordinance No.40673- 101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. COMMENTS OF CITY MANAGER. The City Manager offered the following comments: VML Awards Last weekend at Virginia Municipal League Annual Conference, the City of Roanoke was recognized with three awards: • Stairway to Success o Stairway to Success is a friendly competition among VML member localities. The program seeks to increase local government's role in early childhood education, which in turn, builds a qualified, well-educated workforce. The competition awards points to localities for specific actions that enhance the early childhood experience • HEAL City o HEAL Cities & Towns provide free technical assistance and support to local elected officials and their staff to adopt policies that stem the obesity epidemic and create healthy, prosperous communities. • Go Green o The Green Government Challenge is a friendly competition designed to encourage implementation of specific environmental policies and practical actions that reduce carbon emissions generated by both the local government and the broader community. Cities, towns and counties can earn points for these actions. Many of these actions can save local governments money. Go Outside Festival October 14-16 at River's Edge (Timothy will provide an update regarding this event) 172 Big Lick SOUP • October 20 at 6:00 p.m. • Soaring Ridge Craft Brewers, 523 Shenandoah Ave. • Big Lick SOUP (Supporting Outstanding Urban Projects) is a micro-grant event partnered with a meal. Everyone is invited; a small donation (suggested $1 0) is requested at the door. • Attendees will hear four pitches for community projects and vote on which project they like best. The project with the most votes gets all the money collected at the door. • For more info, visit www.biglicksoup.org Prescription Drug Take-Back Day Citizens are invited to help prevent drug abuse and protect our waterways by turning in your unused or expired medications for safe disposal. • Saturday, October 22 at 10:00 a.m.-2:00p.m. • Locations: o Roanoke- Towers Mall CVS o Roanoke County - Kroger at Tanglewood Mall, Brambleton at Colonial, Valley Botetourt County - Daleville Kroger o Craig County - Market Street Pharmacy o Salem - Super Shoes on Main Street o Gateway Boulevard and the Hershberger Road Fire and Rescue Station #1 o Vinton - Hardy Road Kroger Fall Leaf Collection • Begins the week of November 14, on your regular trash collection day • Brochures with this year's Leaf Collection Schedule will be mailed to all city residents the week of October 24. • The city will collect an unlimited number of biodegradable paper bags filled with leaves, placed at the curb, on the following weeks: o November 14-17 o November 28 - December 1 o December 12-15 • Bulk and brush collection will continue on leaf collection weeks. • More information about leaf collection is available by calling 853-2000, Option 6.  173 DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance presented a report of the Fiscal Year 2016 Unaudited Results, highlighting the following items: • Comparison of FY 2016 to FY 2016 • Challenges Compared to Budget • The Adjusted Revenue Budget Allowed For Increases. • FY 2016 Revenue Variance • Finished the Year (2016) • Continued Increase in General Fund Revenues • Total Local Taxes Increased for Fifth Year • Modest Growth in Real Estate Tax Revenues • Sales Tax Stable in FY16 • Current Year Personal Property Tax-Growth in FY16 • Meals Tax Continues Strong Growth Pattern • Current Business License Tax • Strong Lodging Tax Growth Indicative of Roanoke Tourism Gains • Commonwealth Funding • Increase in City Funding of Schools • City Unassigned General Fund Balance Exceeds Policy Target of 10% • Economic and Community Development Reserve Remains Above Floor • Pension Plan Funded Status • In Conclusion (See copy of the Financial Report on file in the City Clerk's Office.) Following comments by the Council, the Mayor advised that the presentation would be received and filed. REPORTS OF COMMITTEES: LEGISLATIVE COMMITTEE: Council Member Raphael E. Ferris, Chair, Council Legislative Committee, submitted the Proposed 2017 Legislative Program. (See copy of the report on file in the City Clerk's Office.) Council Member Ferris advised that the Committee approved the proposed Program with the expectation that the proposed 2017 Virginia Municipal League (VML) Legislative Agenda was adopted substantially as set forth in the draft proposal; that VML adopted its 2017 legislative program at its meeting last week, which was substantially similar to the City's proposed agenda. He pointed out that the only item added to the proposed VML Program was a request to study the fiscal impact and feasibility of providing five percent of lottery proceeds to localities. 174 In conclusion, the Chair stated that the Committee recommends City Council adopt the 2017 Legislative Program, as proposed by the Council Legislative Committee, and that the Council specifically authorize Rob Catron, the City's Legislative Liaison, to represent the interests of the City that are not included in the Program, provided Mr. Catron receives the approval of the City Manager and the Chair of the Legislative Committee; adding that November 7, 2016, at 9:00 a.m., the Council will meet jointly with the Roanoke City School and Area legislative delegation to discuss items of mutual interest. The City Attorney called attention to the Governor's plans to keep the FY 2017 budget in balance in light of the revenue shortfall announced in August 2016, noting the combined shortfall for FY 2016 and FY 2017 is $861.4 million, with an additional $654.3 million in FY 2018; state funding for salary increases in FY 2017 for SOQ-recognized teaching positions, state employees, Constitutional officers, and state-supported local employees has been rescinded; withdraw the maximum allowable amount ($392.3 million) from the Revenue Stabilization Fund. He emphasized as of importance to local governments, Aid to Localities was protected from reductions, and that the Governor's proposal does not include further program cuts to K-12 education, although localities will likely see a reduction in sales tax distribution for public education due to weaker than expected sales tax revenues. Council Member Bestpitch offered the following resolution: (#40674-101716) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2017 Session of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2017 Session of the General Assembly. (For full text of resolution, see Resolution Book No. 78, page 495.) Council Member Bestpitch moved the adoption of Resolution No. 40674-101716. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0.  175 BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance a submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Garland offered the following budget ordinance: (#40675-1 01716) AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2016 - 2017 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 496.) Council Member Garland moved the adoption of Budget Ordinance No. 40675- 101716. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: CHURCHES: Council Member Trinkle offered the following resolution paying tribute to The Reverend Dr. William L. Lee, 2011 Citizen of the Year, on the occasion of his retirement after approximately 38 years as Pastor of Loudon Avenue Christian Church: (#40676-101716) A RESOLUTION paying tribute to The Reverend Dr. William Leroy Lee, longtime pastor of Loudon Avenue Christian Church; applauding his service to his community; and expressing the appreciation of our City and its people for his leadership upon his retirement. (For full text of resolution, see Resolution Book No. 78, page 501.) 176 Council Member Trinkle moved the adoption of Resolution No. 40676-101716. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. NATIONAL LEAGUE OF CITIES: Council Member Trinkle offered the following resolution designating Council Member Raphael E. Ferris as the Voting Delegate and Council Member William D. Bestpitch as the Alternate Voting Delegate for the Annual National League of Cities City Summit Business Meeting to be held on Saturday, November 19, 2016, in Pittsburgh, Pennsylvania: (#40677-101716) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities City Summit (formerly National League of Cities Congress of Cities and Exposition). (For full text of resolution, see Resolution Book No. 78, page 503.) Council Member Trinkle moved the adoption of Resolution No. 40677-101716. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: LEAF COLLECTION: Council Member Bestpitch commented on the leaf collection process and suggested that the City evaluate it; and if necessary, add another week since the leaves appear to be falling later than normal. SISTER CITIES: Council Member Bestpitch also announced that a seven- member delegation from the City's Sister City Lijiang, China would be visiting the City of Roanoke, arriving Friday, October 28 and departing Saturday, October 29. He noted the Clerk was coordinating a dinner and an invitation would be extended to the " surrounding localities.  177 COMMUNITY POLICING: Vice-Mayor Price cordially invited the public to an upcoming community forum on community policing to be held on Tuesday, November 1 from 6:00p.m.- 8:00 p.m., at William Fleming High School. SABRINA'S PLACE: Council Member Garland announced that Total Action for Progress, Sabrina's Place Program was in jeopardy due to loss of HUD funding; noting that the Mayor is seeking ways to fill the gap. COMMUNITY FORUM: Council Member Dykstra announced that West End United Methodist Church located at 1221 Campbell Avenue, S. W., will hold a community forum on Sunday, October 23 at 2:00 p.m., followed by a neighborhood cookout in the 1600 block of Chapman Avenue, S. W. SPORTS-CIAA: Mayor Lea announced that the Central Intercollegiate Athletic Association (CIAA) Football Championship Game is scheduled to be held at Salem Stadium on Saturday, November 12 at 1:00 p.m. He thanked Carey Harveycutter, Director of Tourism, the City of Salem; and Landon Howard, Executive Director, Visit Virginia's Blue Ridge for their support of the event. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 4:19 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building; and thereafter to be reconvened at 7:00 p.m. in the Council's Chamber. At 7:00 p.m., the Council meeting reconvened in the Council's Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, David B. Trinkle, William D. Bestpitch and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Anita J. Price-1. The Mayor declared the existence of a quorum. The Invocation was delivered by Mayor Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No. 17 of St. John's Episcopal Church; and Evan Shifflett, Webelos Cub Scout, Pack 50, Woodlawn United Methodist Church. 178 CITY COUNCIL: With respect to the Closed Meeting just concluded Council Member Trinkle moved that each Member of City Council certify to the best of his or her knowledge that (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: VIRGINIA WESTERN COMMUNITY COLLEGE: Mayor Lea recognized James Cabiness, Roanoke City Community College Access Program Success Coach, Virginia Western Community College and students. The Mayor provided each with Certificates of Achievement. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for October 17, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately 10-foot wide alley extension between the western boundary of Official Tax Map Nos. 2222110, 2222119 and 2222108, and along the eastern boundary of Official Tax No. 2222107; and to vacate an unused approximately 5 foot wide alley extending from the intersection with 11th Street, N. W., between Official Tax Map Nos. 2222108 and 2222119, to connect with the aforementioned 10 foot wide alley, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 27, 2016, and Tuesday, October 4, 2016. (See publisher's affidavit on file in the City Clerk's Office.)  179 The City Planning Commission submitted a written report recommending approval to vacate right-of-way as requested, contingent upon the following conditions: 1. The applicants shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. In coordination of the vacation, the applicants will pay for the value of the right-of-way. The value of the vacation of the public's right to use the subject right-of-way is $3, 778.00. 2. Upon meeting all conditions to the granting of the application, the applicants shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) 180 Council Member Ferris offered the following ordinance: (#40678-1 01716) AN ORDINANCE permanently vacating, discontinuing and closing two public rights-of-way in the City of Roanoke, the first of which extends in a southern direction from its perpendicular intersection with Orange Avenue, N. W., and the second of which extends in a western direction from its perpendicular intersection with 11th Street, N. W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 504.) Council Member Ferris moved the adoption of Ordinance No. 40678-101716. The motion was seconded by Council Member Garland. Nada and Mounir Melki appeared in support of the request to close right-of-way. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following comments of appreciation by several Council Members, Ordinance No. 40678-101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, Apri16, 1981, the City Clerk having advertised a public hearing for October 17, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Fisher Properties, LLC, to repeal conditions proffered as part of a previous rezoning at 2701 and 2707 Brambleton Avenue, S. W., bearing Official Tax Map Nos. 1650326 and 1650325, respectively, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 27, 2016, and Tuesday, October 4, 2016. (See publisher's affidavit on file in the City Clerk's Office.)  181 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Grandin Court Neighborhood Plan, and Zoning Ordinance as the repeal of all of the existing proffered conditions will allow the property to be used in manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40679-1 01716) AN ORDINANCE to rezone certain properties located at 2701 and 2707 Brambleton Avenue, S. W., by repealing proffered conditions presently binding upon such properties; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 506.) Council Member Bestpitch moved the adoption of Ordinance No. 40679-101716. The motion was seconded by Council Member Dykstra. Mr. Jeffrey R. Wood appeared in support to repeal proffered conditions for properties located at 2701 and 2707 Brambleton Avenue S.W. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 40679-101716 was adopted by the following vote: A YES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) 182 BUDGET-CITY-OWNED PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 17, 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 City-owned property located at 2410 Mason Mill Road, N. E., to Richard E. and Cassie M. Beverly, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 7, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending appropriation of funding, in the amount of $191,300.00 for the purchase of 2410 Mason Mill Road, N. E.; and execution of lease agreement between the City and Richard E. Beverly and Cassie M. Beverly, subject to approval as to form by the City Attorney. (For full text, see copy of report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40680-101716) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Richard E. Beverly and Cassie M. Beverly ("Beverly's"), for the lease of approximately 0.9917 acres of property, together with buildings and improvements thereon, property the City is in the process of purchasing, located at 2410 Mason Mill Road, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7170509; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 508.) Council Member Ferris moved the adoption of Ordinance No. 40680-101716. The motion was seconded by Council Member Dykstra. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed.  183 Following remarks by the City Manager that the property is adjacent to the Deschutes Brewery property, Ordinance No. 40680-101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) Council Member Ferris offered the following budget ordinance: (#40681-1 01716) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Property Acquisition of 2410 Mason Mill Road under the Deschutes Performance Agreement project, amending and reordaining certain sections of the 2016 - 2017 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 509.) Council Member Ferris moved the adoption of Budget Ordinance No. 40681- 101716. The motion was seconded by Council Member Dkystra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) CITY-OWNED PROPERTY-FIRE STATIONS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 17, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal the City of Roanoke to lease a parcel of City-owned property located at 1015 Jamison Avenue, S.E., known as the former Fire Station No. 6, designated as Official Tax Map No. 4120808, to Melrose Athletic Club, Inc., to be operated by the Club, or its designee, to conduct its amateur boxing program, fundraisers, and general operations at the Fire Station No. 6 Property, for a term of three years, commencing on the date the Club, or its designee, first occupies the Fire Station No. 6 Property, the matter was before the body. 184 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October?, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute lease agreement between the City and the Melrose Athletic Club, Inc. for a term of three years, subject to approval as to form by the City Attorney. (See copy of report on file in the City Clerk's Office.) Council Member Garland offered the following ordinance: (#40682-101716) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Melrose Athletic Club, Inc. ("Club"), for the lease of a parcel of City-owned property located at 1015 Jamison Avenue, S. E., Roanoke, Virginia, known as the former Fire Station No. 6 ("Fire Station No. 6 Property"), designated as Roanoke City Official Tax Map No. 4120808; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 51 0.) Council Member Garland moved the adoption of Ordinance No. 40682-101716. The motion was seconded by Council Member Ferris. The City Manager commented on the leasing of the property, noting that the Fire Station has been vacant for number of years and is not currently utilized for any City operational functions. Victor Banks, President, Melrose Athletic Club, Inc., appeared before Council in support of the lease agreement, noting he intends to conduct an amateur boxing program, fundraisers and general operations. The Mayor inquired if there were persons present who wished to speak on the matter. Daniel Witcher, 1519 Lafayette Boulevard N. W., appeared before Council and spoke in support of the agreement with Melrose Athletic Club. Terry Huxhold, 1125 16th Street, S. E., appeared before the Council and spoke in support of the lease agreement, but urged the Melrose Athletic Club to maintain the integrity of the Fire Station No. 6, adding Southeast has not had a community center for over 14 years; and therefore, he would like the City to assist the community by executing the lease agreement.  Following positive comments by the Mayor and Council Members in support of the lease agreement with Melrose Athletic Club, Ordinance No.40682-101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) CITY-OWNED PROPERTY-ZOO: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 17, 2016 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease City-owned property, designated as portions of Official Tax Map Nos. 4070507, 4070521, and 4060505, to the Blue Ridge Zoological Society of Virginia, Inc., for the purpose of operating and maintaining the Mill Mountain Zoo, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 10, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a lease with Blue Ridge Zoological Society of Virginia, for a period of one year, subject to up to four additional one-year term renewals upon mutual agreement of the parties, retroactive to July 1, 2016, subject to approval as to form by the City Attorney. (See copy of report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40683-101716) AN ORDINANCE authorizing the City Manager to execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the lease of City-owned property located in the City of Roanoke being the top portion of that land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map Nos. 4070507, 4070521, and 4060505; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 511.) Council Member Ferris moved the adoption of Ordinance No. 40683-101716. The motion was seconded by Council Member Trinkle. 186 The Mayor inquired if there were persons present who wished to speak on the matter. Sara Brooks, 2912 Avenham Avenue, S. W., appeared before the Council and spoke in support of the lease agreement to operate and maintain the Mill Mountain Zoo, adding the Zoo is a valuable asset to the public schools for science projects. Margie Easterly appeared before the Council and acknowledged that she has been a member of the Blue Ridge Zoological Society for nearly 20 years and has attended programs sponsored by the Zoo, adding that children lack a relationship with the Zoo. There being no additional speakers, Mayor Lea declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 40683-101716 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 17, 2016 at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to an award to South Commonwealth Partners, LLC, the granting, confirming, and/or amending easements and other property rights in connection with the Hampton Inn and Suites Hotel at 27 Church Avenue, S. E. (adjacent to the Market Garage at 25 Church Avenue, S. E.), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 3, 2016 and Monday, October 10, 2016. (See publisher's affidavit on file in the City Clerk's Office.)  187 The City Manager submitted a written report recommending acceptance of the bid of South Commonwealth Partners, LLC, and execution of a Deed in which the City sells and transfers 27 easements for limited purposes and uses affecting one or more of the following City-owned properties: Official Tax Map No. 4015004 (25 Church Avenue, S. E.), or Official Tax Map No. 4015003 (106 Franklin Road, S. E.), for the development, construction, operation, and maintenance of a hotel with 127 rooms that has been constructed by South Commonwealth Partners, LLC, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40684-101716) AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC (Developer) to acquire, buy, execute, and accept certain easements on City-owned properties identified as Official Tax Map Nos. 4015004 (25 Church Avenue, S. E.), and 4015003 (106 Franklin Road, S. E.), as set forth in a Deed of Easements, Confirmatory Deed of Easement Rights and Obligations (Deed), upon certain terms and conditions; authorizing the City Manager to execute such Deed; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Deed and to accomplish such matters, including the granting and sale of such easements; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 512.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40684- 101716. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following remarks by the City Attorney and City Manager regarding awnings and signs outside the Hotel, which will be located in the right-of-way, Ordinance No. 40683- 101716 was adopted by the following vote: A YES: Council Members Dykstra, Ferris, Garland, Trinkle, Bestpitch and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was absent.) 188 HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. FIREARMS: Darren Petty, 4902 Grandin Road, S. W., appeared before the Council and spoke in support of the right to open carry firearms. Brian Frank, 1803 Westland Road (Roanoke County), appeared before the Council and suggested that many citizens of Roanoke felt their rights were being infringed upon and were reluctant to attend large community events. He shared his concerns about the Council supporting the ban on semi-automatic weapons in public buildings. Council Member Ferris disputed the erroneous crime statistics offered earlier, noting that the City of Roanoke has a population of approximately 100,000 and there were only 11 homicides in one year; and if the previous statistics were true, there would have been more than 200 homicides in one year. In closing, he expressed pride that the City's crime rate was the lowest in 47 years. As a follow-up to comments by Council Member Ferris, the City Attorney remarked that the Council recently adopted its 2017 Legislative Program, which lists the following three points within the Public Safety category: • An issue that affects communities throughout the United States is the illegal use of firearms. The City urges Congress and the General Assembly to initiate efforts to adopt pragmatic and effective measures, applicable throughout the country and the Commonwealth, that address this issue. The issue of reducing the illegal use of firearms while protecting individual rights is not solely a local or regional issue. An effective response can only be achieved through a collaborative federal and statewide approach. • As an initial step, the City encourages the General Assembly to add the City to the list of 13 localities listed in Section 18.2-287.4, which lists localities where carrying certain loaded semi-automatic firearms is prohibited. • The City also encourages the General Assembly to authorize localities to adopt measures to limit, prohibit, or restrict the possession of firearms within local public buildings.  189 He explained that the abovementioned points were not intended to ban open carry of firearms or ban all weapons, but were included to address a narrow statute, opining that the City of Roanoke could not adopt such regulation to ban open carry of firearms because it does not have the authority; Subsequently, if the City was granted said authority, discussion, debate, etc., must be held by the Council prior to adoption of any regulatory measure. He reiterated that the Council Q.Q!y_adopted the Legislative Program at its 2:00 p.m. session, and he would encourage citizens to read the document in its entirety. Council Member Bestpitch thanked the City Attorney for the explanation of the Legislative Program, and pointed out that weapons were not allowed in the City Courthouse, Poff Federal Building or the Roanoke Blacksburg Regional Airport. He was perplexed to understand why some citizens felt the need to bring a weapon to a City Council meeting. With regards to restrictions, if approved, he stated that persons would still be able to open carry weapons within the City of Roanoke, except in the abovementioned buildings. Mayor Lea thanked everyone for their work and diligence on the issue, noting how eloquently it was stated that the Council does not seek to take away the second amendment rights of any citizen, but only to consider banning weapons in the Noel C. Taylor Municipal Building. He concurred wholeheartedly with his colleagues on Council with regard to the City of Roanoke being a safe City to live, work and play. There being no further business, Mayor Lea declared ·the regular meeting adjourned at 8:14p.m. APPROVED ATTEST: ~~~~~~ ~~«/t~. City Clerk Sherman P. Lea, Sr. Mayor