City Council

218 ROANOKE CITY COUNCIL-REGULAR SESSION November 21, 2016 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, November 21, 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 John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris (arrived late), and Mayor Sherman P. Lea, Sr.-7. ABSENT: None. 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 Whitney Burton, Associate for Youth, Young Adult and Community Life, St. John's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. Mayor Lea shared a "Thanksgiving 2016" message of encouragement with City Council and the viewing audience. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-DEPARTMENT OF TECHNOLOGY: Mayor Lea recognized the Department of Technology for its efforts on Roanoke being named a Top Digital City for the 15th consecutive year. ACTS OF ACKNOWLEDGEMENT-COMMUNICATIONS: Mayor Lea recognized the Office of Communications on receiving two Gold Summit Awards from the Public . ... Relations Society of America, Blue Ridge Chapter; and three 3CMA Awards from the City-County Communications and Marketing Association.  219 Mayor Lea presented the Awards to Melinda Mayo, Communications and Media Officer; and Timothy Martin, Communications and Media Coordinator. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a request of Council Member Trinkle for Council to convene in a Closed Meeting; and a request of the City Attorney to authorize a public hearing to be held on Monday December 19, 2016, at 7:00 p.m. CITY COUNCIL: A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of Council- Appointed Officers, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in his request as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Attorney requesting that City Council schedule a public hearing for Monday, December 19, 2016 at 7:00p.m., or at such time as the matter may be reached, or at such later date and time as the City Manager may determine, to consider the comments of citizens on amending the City Charter to adjust the required minimum number of meetings of City Council from at least two regular session meetings each month to at least one regular session each month, was before the body. (See communication on file in the City Clerk's Office.) 220 Council Member Trinkle moved that Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) ROANOKE GREENWAY COMMISSION: A communication from the City Clerk advising of the resignation of James D. Ritchie, Sr., as a City representative of the Roanoke Greenway Commission, effective December 31, 2016, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council accept the resignation and receive and filed the communication. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) HUMAN SERVICES ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Susan Reese as a member of the Human Services Advisory Board, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council accept the resignation and receive and filed the communication. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.)  221 BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication from Debbie Bonniwell, Chief Executive Officer, Blue Ridge Behavioral Healthcare, requesting that Council ratify the appointment of Colonel Bobby Russell as an at-large member of the Board of Directors to fill the unexpired term of Greg Hamilton ending December 31, 2018, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in the request of Ms. Bonniwell as abovementioned. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) DEFINED CONTRIBUTION BOARD-ROANOKE CIVIC CENTER COMMISSION- HUMAN SERVICES ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Amelia Merchant as a member (City Manager designee) of the Defined Contribution Board to fill the unexpired term of Sherman M. Stovall, Assistant City Manager for Operations, ending June 30, 2017; Tom Roller as a member of the Roanoke Civic Center Commission for a term of office ending September 30, 2019; and Bradley Stephens as a member of the Human Services Advisory Board for a four-year term of office ending November 30, 2020. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) 222 REGULAR AGENDA BID OPENINGS: MARKET GARAGE-EASEMENTS: Pursuant to notice of advertisement that the City is inviting bids from qualified bidders for the sale and transfer of a certain easement on City-owned properties within the City, to be used in the development, construction, operation, and maintenance of a hotel consisting of 127 rooms that has been constructed above and within the City's Market Garage, 25 Church Avenue, S. E., and an adjacent parcel of City-owned property, situated at 27 Church Avenue, S. E., Official Tax Map Nos. 4015006, 4015007, and 4015008, to allow the successful bidder to use portions of such City-owned properties for specific purposes in connection with the Hotel Project, identified as Official Tax Map No. 405004 located at 25 Church Avenue, S. E., and Official Tax Map No. 4015003 located at 106 Franklin Road, S. E., for a private power utility for the Hotel Project, said bids are to be submitted in a sealed envelope or container to the City Clerk on or before 12:00 noon, on Monday, November 21, 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 acquisition of an easement for a private power utility for the Hampton Inn and Suites Hotel Project. (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: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER:  223 BRIEFINGS: ZONING: The City Manager advised that a public hearing held on the proposed amendments would be at the regular session at 7:00 p.m., and he noted that Council was updated annually on Zoning Ordinance information based on feedback received from Federal and State regulations. Chris Chittum, Director of Planning, Building and Development, briefed the Council on the proposed changes to the Zoning Ordinance, noting that the presentation mainly focused on Flood Plain Amendments. tan Shaw, Planning Administrator, summarized the proposal stating that there were several updates relating to definitions and practices which correlated with the Virginia Department of Conservation and Recreation (OCR) and the Federal Emergency Management Agency (FEMA) to allow the City to continue participation in the National Flood Insurance Program. He further advised that FEMA would inspect the language, definitions and practices for the updates to the Zoning Ordinance and that OCR recommended the adoption of their model ordinance, noting the City does participate in the community rating system, a point system through FEMA meets certain thresholds, and receives discounts and flood insurance advantages. Council Member Bestpitch asked for clarification on the Letter of Map Revision (LOMR); whereupon, Mr. Shaw explained it was an analysis based on technical data that showed changes to flood zones, elevations, floodplain and floodway descriptions. Council Member Garland inquired about freeboard and was certain that the International Building Code requirement was one foot. Mr. Shaw replied that freeboard was a factor of safety, usually expressed in feet above a flood level for purposes of floodplain management and tend to compensate for many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Council Member Garland further inquired about the proposed fee changes associated with subdivisions and zoning; whereupon, Mr. Shaw reviewed the fee changes stating that the subdivision plat review fee would increase from $50.00 to $150.00 and a fee of $1,000.00 for the rezoning process, would be implemented which would encompass property amendments and rezonings to residential, industrial or commercial. He further advised the current rezoning fees were set at $600.00, plus $25.00 per acre or portion for residential districts, up to $900.00, plus $25.00 for commercial and industrial districts which would also align with neighboring jurisdictions. Following additional discussion with regard to the Zoning amendments, Mayor Lea thanked Mr. Shaw for an informative presentation and advised that a Public Hearing would be held on the matter at the 7:00 p.m. meeting of Council. 224 ITEMS RECOMMENDED FOR ACTION: WESTERN VIRGINIA WORKFORCE DEVELOPMENT: The City Manager submitted a written communication recommending acknowledgement of Western Virginia Workforce Development Board Program Year 2016 Workforce Innovation and Opportunity Act (WIOA) funding for award period July 1, 2016 to June 30, 2018. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40698-112116) A RESOLUTION acknowledging and recognizing the PY2016 Workforce Innovation and Opportunity Act ("WIOA") funding from the Virginia Community College System in the amount of $1 ,582,996.00 for WIOA activities, for the award period of July 1, 2016, through June 30, 2018, the foregoing funding to be administered by the Western Virginia Workforce Development Board. (For full text of resolution, see Resolution Book No. 78, page 530.) Council Member Bestpitch moved the adoption of Resolution No. 40698-112116. The motion was seconded by Vice-Mayor Price. In connection with the communication, Vice-Mayor Price asked the City Manager - to continue to inform City Council about youth employment. The City Manager called attention to the collaborative efforts with the Western Virginia Workforce Development Board regarding youth employment and the new creative approaches and goodwill involvement with the Roanoke City and Roanoke County Public School systems and Virginia Western Community College regarding various certification programs. There being no further comments by the Council Members, Resolution No. 40698-112116 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra and Mayor Lea-6. NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.)  225 BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of the Byrne Justice Assistance Grant funds from the Virginia Department of Criminal Justice Services to support the Positive Action in Roanoke Project. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Price offered the following resolution: (#40699-112116) A RESOLUTION accepting federal Byrne Justice Assistance Grant (JAG) program funding made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services in connection with the "Positive Action in Roanoke" project, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 531.) Vice-Mayor Price moved the adoption of Resolution No. 40699-112116. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra and Mayor Lea-6 NAYS: None-0. (Council Member Ferris was not present when the vote was recorded.) Vice-Mayor Price offered the following budget ordinance: (#40700-112116) AN ORDINANCE to appropriate funding from the U.S. Department of Justice Byrne Justice Assistance Grant (JAG) Program, as provided by the Virginia Department of Criminal Justice Services for the Positive Action Program, 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 532.) Vice-Mayor Price moved the adoption of Budget Ordinance No. 40700-112116. The motion was seconded by Council Member Dykstra. 226 Karen H. Pillis, Director of Youth Development, Family Services of Roanoke Valley, gave a brief overview of the program, noting that the "Positive Action in Roanoke" project is a research-based social-emotional learning curriculum that includes family engagement activities and a community service learning project for children in third through fifth grade residing in the public housing neighborhoods; and proposes to increase protective factors of these children and increase the positive knowledge skills of parents through communication and relationship building activities. At this point, Council Member Ferris entered the meeting (3:57p.m.) Inasmuch as there is a lack of youth participation, Ms. Pillis called attention to the programs that were being held in the community rooms at Villages at Lincoln, Landsdowne, Indian Village and Jamestown. In closing, she encouraged the public to share ideas to promote youth enrichment. Following additional remarks about the experience and lessons learned from a pilot program sponsored by State Farm and COTS, Budget Ordinance No. 40700- 112116 was adopted by the following vote: - AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. DONATIONS-POLICE-EQUIPMENT: The City Manager submitted a written communication recommending acceptance of a donation from the Firehouse Subs Public Safety Foundation for police ballistic shields and tourniquets. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40701-112116) A RESOLUTION authorizing acceptance of a donation from Firehouse Subs Public Safety Foundation, to the Roanoke City Police Department of seven (7) ballistic shields and two hundred fifty (250) tourniquets in belt carry pouches, and authorizing execution of any and all necessary documents to accept the donation. (For full text of resolution, see Resolution Book No. 78, page 533.) Council Member Bestpitch moved the adoption of Resolution No. 40701-112116. The motion was seconded by Council Member Dykstra.  227 Council Member Bestpitch pointed out that the donation was in excess of $30,000.00, and was appreciative of the corporate entity in the City and its partnership within the business community; and thereafter, Resolution No. 40701-112116 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. STREETS-CAPITAL IMPROVEMENTS: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the contract with Line and Grade, LLC, for additional engineering design services in connection with the Colonial Avenue Improvements Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#40702-112116) A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 1 to the City's Contract with Line and Grade, LLC ("Line and Grade") for additional engineering design services for the improvements to Colonial Avenue; and authorizing the City Manager to take certain other actions in connection with such Amendment. (For full text of resolution, see Resolution Book No. 78, page 534.) Council Member Trinkle moved the adoption of Resolution No. 40702-112116. The motion was seconded by Vice-Mayor Price. In response to a question raised by Council Member Garland regarding procurement of construction contracts, Sherman M. Stovall, Assistant City Manager for Operations, advised that the current Capital Improvements Program has projects that require some level of design and engineering services in accordance with the Virginia Public Procurement Act. He further advised that since there has not been any funding appropriated for Colonial Avenue Improvements project, the City needed to do some type of level of conceptual design in order to validate the scope and project costs. Mr. Stovall indicated that some year end funds were used to initiate the conceptual design to define the scope and validate some of the initial cost projections for the project, adding that the Council was briefed on the project during its September 6, 2016 Informal Session; and over the past several months, City staff has been very successful in receiving grant funding from the Commonwealth of Virginia and other grant funding sources, which will allow the project to be fully funded at a level of $6.9 million. 228 In summary, given the fact that the project is fully funded, along with a very successful public participation process at Virginia Western Community College during the latter part of September 2016, Mr. Stovall explained that City staff decided to move forward with Phase II of the project, whereby recommending execution of Amendment No. 1 that will include another $239,000.00, for total contract amendments not to exceed $299,000.00, for additional professional services. Following the overview of the Colonial Avenue improvements - engineering design services by the Assistant City Manager for Operations, Resolution No. 40702- 112116 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. BRIDGES-STREETS-RAILWAYS: The City Manager submitted a written communication recommending execution of Amendment No. 2 to the contract with AECOM Technical Services, Inc., to provide engineering design services in connection with the Franklin Road Bridge replacement over Norfolk Southern Railway. - (For full text, see communication on file in the City Clerk's Office.) Council Member F~=>,.,.;,.. -.crered the following resolution: (#40703-112116) A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with AECOM Technical Services, Inc., for additional professional services for the Construction Phase of the Franklin Road over Norfolk Southern Railway (NSRW) Bridge Replacement Project; and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendments to the above mentioned Contract, as well as the Contract itself. (For full text of resolution, see Resolution Book No. 78, page 535.) Council Member Ferris moved the adoption of Resolution No. 40703-112116. The motion was seconded by Council Member Bestpitch.  229 Following remarks by the Assistant City Manager for Operations regarding the scope and cost of bridge funding, Resolution No. 40703-112116 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. COMMENTS OF CITY MANAGER: The City Manager offered the following comments: Roanoke Retains Bicycle Friendly Status • Recently, the League of American Bicyclists announced 26 new and 77 renewing Bicycle Friendly Communities. Among the communities who renewed their status, the City of Roanoke continues to hold a Bronze award. • In total, 140 communities applied for recognition. Roanoke joins a leading group of communities, in all 50 states, that are transforming communities into bicycle friendly places. • There are now 404 communities recognized for their efforts to make biking better. • The Bronze award recognizes Roanoke's commitment to improving conditions for bicycling through investment in bicycling promotion, education programs, infrastructure and pro-bicycling policies. • The Bicycle Friendly Communities program provides a benchmark for communities to evaluate these conditions and policies, while highlighting areas for improvement. The national scope of the program also promotes competition and comparison between communities. Trash Collection Schedule Changes This Week City offices will be closed on Thursday and Friday, November 24 and 25, for the Thanksgiving holiday. As a result, the following schedule will be in effect: For Residential Collection -If your normal collection day is: o Monday, collection will be on schedule o Tuesday, collection will be on Monday o Wednesday, collection will be on Tuesday o Thursday, collection will be on Wednesday For the Central Business District - customers who are normally serviced on Thursday mornings will be serviced on Wednesday, November 23. o Crews will continue to service compactors and litter containers all week. o For more information, call 853-2000, option 1. 230 E-911 Accreditation Assessment Team Invites Public Comment • The City's E-911 Center is scheduled for an on-site assessment - conducted by the Commission on Accreditation for Law Enforcement Agencies, Inc. - as part of a program to achieve re-accreditation by verifying it meets professional public safety communications standards. • As part of the re-accreditation process, the public is invited to offer comments about our E911 Center by calling 853-2308 on Wednesday, November 30; from 1:00 p.m. to 3:00 p.m. Comments will be taken by an Assessment Team from GALEA. • Telephone comments are limited to 10 minutes and must address the agency's ability to comply with GALEA standards. A copy of the standards is available for review by contacting E911 Operations Specialist Rebekah Stephens at 853-5348. • Anyone wishing to submit written comments about Roanoke's E-911 Center's ability to comply with the standards for re-accreditation may send them to the Commission on Accreditation for Law Enforcement Agencies, Inc. (GALEA), 13575 Heathcote Boulevard, Suite 320, Gainesville, Virginia 20155. Dickens of a Christmas Events • Friday, December 2, Dickens of a Christmas - Tree Lighting (Wells Fargo Plaza), Tree Lighting will be at 6:15p.m. • Friday, December 9, Dickens of a Christmas- Christmas Parade (downtown), - 6:00 p.m. - 10:00 p.m. • Friday, December 16, Dickens of a Christmas - RVSPCA Pet Costume Contest (downtown), 6:00p.m. -10:00 p.m. Elmwood on Ice • The ice rink has returned to Elmwood Park for Elmwood on Ice. • New this year, we will have an ice slide, and there will be ice seals for those who are not steady on their feet but want to ice skate. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various education programs; and the Director of Fi11ance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.)  231 Council Member Trinkle offered the following budget ordinance: (#40704-112116) AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley 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 536.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40704- 112116. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra Ferris and Mayor Lea-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NATIONAL LEAGUE OF CITIES: In reference to his attendance at the National League of Cities' City Summit held in Pittsburgh, Pennsylvania on November 16 - 19, 2016, Council Member Bestpitch commented on remarks made by Vernice Armour, a former United States Marine Corps Officer being the first African-American female Naval Aviator in the Marine Corps and first African American female Combat Pilot in the U.S. Armed Forces. He encouraged all to visit her website: freestufffromflygirl.com. HOCKEY: Mayor Lea solicited public support and attendance at the Roanoke Rail Yard Dawgs Hockey home games held at the Berglund Center Civic Center. At 4:27 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, and thereafter to be reconvened at 7:00p.m., in the Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. 232 PRESENT: Council Members John A. Garland, Anita J. Price, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris and Mayor Sherman P. Lea, Sr.-6. ABSENT: Council Member David B. Trinkle-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 the Cub Scout Pack 8, Webelos. COUNCIL: With respect to the Closed Meeting just concluded Council Member Dykstra 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 Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) ACTS OF ACKNOWLEDGEMENT: Mayor Lea recognized Devante Lewis Tinsley, a sophomore at William Fleming High School, and great-grandson of the late Reverend Carl T. Tinsley, Sr., in attendance. PRESENTATIONS AND ACKNOWLEDGEMENTS: FIRE/EMS-ACTS OF ACKNOWLEDGEMENT: Mayor Lea recognized the winners of the 12th Annual Fire Prevention Week Art Contest held on Wednesday, November 2 at the Fire-EMS Station at 1920 Orange Avenue, N. W. He called attention to seven students from Roanoke Academy and Mathematics, Grandin Road, Preston Park, Fallon Park and Hurt Park Elementary Schools; four students from James Madison and Woodrow Wilson Middle Schools; and two students from Forest Park Academy, as well as special recognition of the Chief and Fire Prevention Choices from Forest Park Academy and Round Hill Elementary, respectively, Following the display of ·""' the art projects, he presented each student with a Certificate of Achievement.  233 100 FEARLESS PEACEMAKERS: Shawn Hunter, Supreme Captain; and Pamela Smith, Captain, 100 Fearless Peacemakers, previously scheduled to appear before the Council at the 2:00 p.m., shared the group's mission and future goals of the organization; and thereafter, requested support from the City of Roanoke and community at large. PUBLIC HEARINGS: CITY-OWNED PROPERTY-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Ivy View, LLC, to repeal all conditions proffered as part of a previous rezoning and amend the Planned Unit Development Plan as it pertains to the properties located at 2207, 2203, 0, 2219, 0, and 2211 Franklin Road, S.W., bearing Official Tax Nos. 1150102, 1150104, 1150106,1150108, 1150112, and 1150113, respectively, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 1, 2016, and Tuesday, November 8, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 1' as amended at the Planning Commission hearing on November 14, 2016 and later submitted as Amended Application No. 1 is consistent with the City's Comprehensive Plan, Franklin Road/Colonial Avenue Neighborhood Plan and Zoning Ordinance, as the subject property will be redeveloped for an active use appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40705-112116) AN ORDINANCE to amend a Planned Unit Development Plan and repeal all conditions proffered as part of a previous rezoning of certain properties located at 2207,2203,0 (zero), 2219,0 (zero), and 2211 Franklin Road, S. W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150112, and 1150113, respectively; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 537.) 234 Council Member Ferris moved the adoption of Ordinance No. 40705-112116. The motion was seconded by Council Member Bestpitch. Maryellen Goodlatte, Attorney, appeared before the Council in support of the petitioner. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following comments by Council Member Bestpitch about the Grand Opening of Mellow Mushroom, originators of classic southern pizza on the site, Ordinance No. 40705-112116 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle 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, November 21, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to rezone and repeal all conditions proffered as part of a previous rezoning on property located at 2002 Blue Hills Drive, N. E., bearing Official Tax Map No. 7230101 from 1-1, Light Industrial District, with conditions, and ROS, Recreation and Open Space District, to 1-1, Light Industrial District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 1, 2016, and Tuesday, November 8, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the proposed zoning amendment, stating it is consistent with Vision 2001- 2020 and the Hollins/Wildwood Area Plan; that the proposed change will allow the entire parcel to be used for industrial development in an undeveloped portion of the City's largest industrial business park; and staff finds that the zoning amendment, as proposed, is consistent with these plans as it makes the entirety of the property 1-1 in the general area that is targeted in each plan for industrial use. (For full text, see report on file in the City Clerk's Office.)  235 Council Member Bestpitch offered the following ordinance: (#40706-112116) AN ORDINANCE repealing Ordinance No. 29660, adopted July 24, 1989, to the extent that it placed certain conditions on property located at 2002 Blue Hills Drive, N. E., and to rezone the subject property from 1-1, Light Industrial District, with conditions, and ROS, Recreation and Open Space District, to 1-1, Light Industrial District, without conditions; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 539.) Council Member Bestpitch moved the adoption of Ordinance No. 40706-112116. 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. There being no comments by the Council Members, Ordinance No. 40706- 112116 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle 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, November 21, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting certain code sections to update, clarify and make the City's Zoning Ordinance easier for its citizens, and to constitute a comprehensive rezoning or change of any densities that would decrease permitted density in any district, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 1, 2016, and Tuesday, November 8, 2016. (See publisher's affidavit on file in the City Clerk's Office.) 236 Council Member Ferris offered the following ordinance: "AN ORDINANCE amending and reordaining Section 36.2-205, Dimensional regulations, Table 205-1, Permitted Yard Encroachments; Section 36.2-311, Use table for residential districts; Section 36.2-312, Dimensional regulations for residential districts; Section 36.2-313, Front yard dimensions for infill development; Section 36.2- 315, Use table for multiple purpose districts; Section 36.2-316, Dimensional regulations for multiple purpose districts; Section 36.2-318, Pedestrian access; Section 36.2-319, Building placement and fac;ade transparency standards for multiple purpose districts; Section 36.2-322, Use table for industrial districts; Section 36.2-327, Use table for planned unit development districts; repealing Section 36.2-333, Floodplain Overlay District (F) and replacing with a new Section 36.2-333, Floodplain Overlay District (F); amending and reordaining Section 36.2-335, River and Creek Corridors Overlay District (RCC); Section 36.2-336, Comprehensive Sign Overlay District; Section 36.2-406, Car wash; Section 36.2-408, Day care centers. child; Section 36.2-411, Gasoline stations; repealing Section 36.2-415, Mini-warehouses; amending and reordaining Section 36.2- 429, Temporary uses, Table 429-1, Temporary Uses; Section 36.2-540, Zoning amendments; Section 36.2-622, Exempt lighting; Section 36.2-647, Buffering and screening; Section 36.2-647, Buffering and screening, Table 647-1, Buffering and Screening of Certain Uses and Activities; Section 36.2-648, Parking area landscaping; Section 36.2-649, Standards for buffering and screening. and parking area landscaping materials, Table 649-1, Buffering. Screening and Landscaping Materials; Section 36.2- 651, Applicability; Section 36.2-652, Minimum parking, Table 652-2, Required Parking Spaces; Section 36.2-653, Maximum parking; Section 36.2-654, Parking and loading area standards; Section 36.2-705, Nonconforming uses; Section 36.2-709, Certain uses deemed not nonconforming; Section 36.2-841, Powers and duties; Appendix A, Definitions; Appendix B, Submittal Requirements, B-1, Basic Development Plan; B-2, Comprehensive Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the purposes of updating, clarifying, and making consistent with state law, the City's zoning ordinance; providing for an effective date; and dispensing with the second reading of this ordinance by title". Council Member Ferris moved the adoption of the ordinance. The motion was seconded by Council Member Bestpitch. Inasmuch as he was not in attendance during the briefing of the amendments to the Zoning Ordinance at the 2:00 p.m. session, Council Member Ferris inquired whether there was discussion about a sense of urgency to approve the amendments due to FEMA requirements; whereupon, lan Shaw, Agent, City Planning Commission, affirmed that the FEMA insurance for flooding and the community rating system were requirements, and continuing the matter until the next regular session of Council on Monday, December 5, 2016 at 2:00 p.m., would provide sufficient time to include updated information in the packet to FEMA.  237 The Mayor opened the public hearing and inquired if there were person present who wished to speak on the matter. There being none, the public hearing remained opened. As a follow-up from previous comments, Council Member Bestpitch supported the continuation of the public hearing until December 5 at 2:00p.m., in order to allow sufficient review of the 35 different amendments; and Council Member Garland wanted to make certain that the specific stakeholders in the downtown area had ample opportunity to comment on the zoning amendments. Following remarks by the Council Members, Council Member Dykstra moved that the public hearing be continued until the next regular session of Council to be held on Monday, December 5, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber. The motion was seconded by Council Member Bestpitch and adopted. R. Brian Town send, Assistant City Manager for Community Development, advised that there would be a briefing during the 9:00a.m. Informal Session of Council on Monday, December 5, 2016, to respond to inquiries and/or concerns by the Council regarding the 35 amendments. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Planning Commission to amend Chapter 31.1, Subdivisions, Code of the City of Roanoke, (1979), as amended, to update the Subdivision Ordinance, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 1, 2016, and Tuesday, November 8, 2016. (See publisher's affidavit on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: "AN ORDINANCE adding Section 31.1-303, Additional Requirements for Subdivisions in the Floodplain or in Riparian Buffer Areas; and amending and reordaining Section 31.1-604, Review fees; and Appendix 8, Submittal Requirements; of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, providing for an effective date, and dispensing with the second reading of this Ordinance by title." Council Member Bestpitch moved the adoption of the ordinance. The motion was seconded by Council Member Ferris. 238 The Mayor opened the public hearing and inquired if there were person present who wished to speak on the matter. There being none, Council Member Bestpitch moved to continue the public hearing until Monday, December 5, 2016, at 2:00 p.m. or as soon thereafter as the matter may be heard . The motion was seconded by Council Member Dykstra and adopted. FEE COMPENDIUM: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Planning Commission to amend the Fee Compendium of the City of Roanoke pursuant to the authority set forth in Section 15.2- 2286(6) and Section 15.2-2241(9) of the Code of Virginia (1950), as amended, the matter was before the body. Council Member Ferris offered the following ordinance: "AN ORDINANCE amending the Fee Compendium to include a new fee for certain zoning modifications, to amend the fees for review of a minor subdivision plat and for all zoning map amendments and to include in the Fee Compendium existing fees for reviews of major subdivision plats and subdivision site plans; providing for an effective date; and dispensing with the second reading of this ordinance by title". · ... Council Member Ferris moved the adoption of the Ordinance. The motion was seconded by Vice- Mayor Price. The Mayor opened the public hearing and inquired if there were person present who wished to speak on the matter. There being none, Council Member Dykstra moved to continue the public hearing until Monday, December 5, 2016, at 2:00 p.m. or as soon thereafter as the matter may be heard. The motion was seconded by Council Member Ferris and adopted. EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 21, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive public comments on the request of the City of Roanoke regarding a proposed deed that includes one easement on City-owned properties, designated as Official Tax Map No. 4015004 located at 25 Church Avenue, S. E., and Official Tax Map No. 4015003 located at 106 Franklin Road, S. E., for a private power utility for Hotel project, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, November 7, 2016, and Monday, November 14, 2016. (See publisher's affidavit on file in the City Clerk's Office.)  239 The City Manager submitted a written report recommending acceptance of the bid of South Commonwealth Partners, LLC; and approval of the terms of the Deed between the City of Roanoke and Developers, subject to certain terms and conditions. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40707-112116) AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC (Developer) to acquire, buy, execute, and accept a certain easement 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 Easement (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 easement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 541.) Council Member Ferris moved the adoption of Budget Ordinance No. 40707- 112116. 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. There being no comments by the Council Members, Ordinance No. 40707- 112116 and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) OTHER BUSINESS: MARKETS-GARAGES-ENCROACHMENT: The City Manager submitted a written report recommending authorization for an encroachment of the connection to an electrical box into the City's public right-of-way located on Church Avenue, S. E., in connection with the development of the downtown Hampton Inn, adjacent to real property located at official Tax Map No. 4015003. (For full text, see report on file in the City Clerk's Office.) 240 Council Member Bestpitch offered the following ordinance: (#40708-112116) AN ORDINANCE authorizing an encroachment, 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, located on Church Avenue, S. E., Roanoke, Virginia, in connection with the development of the downtown Hampton Inn, adjacent to real property located at Official Tax Map No. 4015003; 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 0544.) Council Member Bestpitch moved the adoption of Ordinance No. 40708-112116. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) ECONOMIC DEVELOPMENT: The Assistant City Manager Brian Townsend submitted a report recommending approval of a revised Performance Agreement among the City, the Economic Development Authority of the City of Roanoke, Virginia, and HRP Ivy Market, LLC. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40709-112116) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and HRP Ivy Market, LLC, (HRP Ivy Market), a special purpose entity formed by Harbour Retail Partners Management, LLC that provides for certain undertakings by the parties in connection with the continued development of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke (Project); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 546.) ' ,,. Council Member Bestpitch moved the adoption of Ordinance No. 40709-112116. The motion was seconded by Council Member Ferris.  241 Council Member Garland commented that he was in favor of the project and asked for clarification regarding previous agreements and proffered conditions previously appeared by the Planning Commission; whereupon, the City Attorney noted what was previously addressed involved Ivy View, LLC, not Ivy Market, which had a new owner and agreement to acquire the property. For clarification purposes, R. Brian Townsend, Assistant City Manager for Community, Development explained that IMD Development Corporation proposed a specific economic development agreement in 2004. In 2009, when the Ukrop's store closed, the bank took back the property and at that point, Ivy View acquired the property; however, the second family of agreements were with Ivy View, LLCNalley Bank and during that time, the City amended the Performance Agreement several times to reflect the changing conditions on the property and the Performance Agreement with Ivy View, LLC, in which the bank was trying to dispose of phases of the project that had yet to be developed. Subsequently, the next step was the bank sold the former Ukrop's property to Carilion (or a LLC of Carilion) but continued to market phase two, which was part of the site north of the building and the location of the Mellow Mushroom Restaurant, as well as the remainder of the site to the north. He pointed out that Ivy View, LLC, was required under the presiding performance agreement to complete certain obligations which included completing the culvert under the property and other site work in order to remain compliant. Mr. Townsend concluded that the Bank of North Carolina acquired Valley Bank and new a developer came on board to develop Phase Two, or the remainder of the northern part of the site. He advised that the revised Performance Agreement allows for two development sites: a 24,000 square foot grocery store and an approximate 7,000 square foot commercial pad, literally behind the Mellow Mushroom site and approved the developer acquisition was contingent upon two things: the zoning and a performance agreement that bridges the conditions and benefits of the grants that the City had with Ivy View, LLC, as they transition to HRP Ivy Market, LLC. In addition, Performance Agreement had the wrong corporate name on it, listed as HRP Ivy View, LLC and needed to be listed as HRP Ivy Market, LLC and the change was to simply correct the corporate name. In response to Council Member Garland's inquiry about the description and incentives of the Performance Agreement; Mr. Townsend advised that the developer had to close on the property and own the property by December 31, 2016, have the Mellow Mushroom Restaurant opened by April 2, 2017, and within 30 months of the date of the Agreement, the grocery store, must be open to the public; and upon completion of the requirements, the City would grant back to them revenue generated by the total development. He noted that the grants were only acquired and returned to the developer post the taxes received by the City through the EDA, 50 percent of revenues received from the preceding year; not to exceed, over the course of the agreement, up to $3 million. 242 Following comments regarding the revised Performance Agreement, Ordinance No. 40709-112116 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) HEARING OF CITIZENS UPON PUBLIC MATIERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. SIDEWALKS: Terry Huxhold, 1125 16th Street, S. E., appeared before Council regarding sidewalks, crosswalks and lack of handicap accessibility in the Morningside Manor independent living neighborhood. There being no further business to come before the Council, Mayor Lea declared the Council meeting adjourned at 8:44 p.m. APPROVED ATTEST: ~tn. M(»y, ~ Stephanie M. Moon Reyn~MiJ··­ :iiL~q.~s; Sherman P. Lea, Sr. City Clerk Mayor