City Council

354 ROANOKE CITY COUNCIL-REGULAR SESSION February 21, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 21, 2017, 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 (arrived late), David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris 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 Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. The Mayor called attention to a request of the City Manager for a Closed Meeting to discuss possible sale of naming rights in one or more publicly-owned facilities, being Elmwood Park.  355 CITY COUNCIL-PARKS: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the possible sale of naming rights in one or more publicly-owned facilities, being Elmwood Park located at 706 Jefferson Street, S. E., 107 Franklin Road, S. E., and the right-of-way of Bullitt Avenue between its intersections at Jefferson Street and Williamson Road, S. E., where discussion in an open meeting would adversely affect the 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 and adopted by the following vote: AYES: Council Members Garland, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Charles Meidlinger as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) 356 AUDITS: A communication from Martha S. Mavredes, CPA, Auditor of Public Accounts, Commonwealth of Virginia, advising that the Commonwealth collections and remittances of the Treasurer, Commissioner of the Revenue, Sheriff, and Commonwealth's Attorney indicated for the year ended June 30, 2016, are in compliance with state laws, regulations and other procedures relating to the receipt disbursement and custody of state funds, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: A YES: Council Members Garland, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-D. (Vice-Mayor Price was not present when the vote was recorded.) HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION-HUMAN SERVICES ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Court G. Rosen as the City's Citizen at Large representative of the Hotel Roanoke and Conference Center Commission for a term of office ending April 12, 2020; and The Reverend Gary Heaton as a member of the Human Services Advisory Board to fill the unexpired term of Susan L. Reese ending November 30, 2018. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.)  357 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: RIDE SOLUTIONS: Jeremy Holmes, Director, RIDE Solutions, appeared before City Council to share the following information regarding a Bikesharing Program for the Roanoke Valley: • Our Mission: To Make The Bike The Most Loved Form of Transportation • What is bikeshare? o Short term rentals for one way, station to station trips o Membership system to access, with short trips free as part of membership o Opportunities to partner with businesses, non-profits, and other groups to provide access free or at low cost • Why Bikeshare? o Roanoke is consistently rated a great place to be outdoors o Bikeshare makes it easy to take your practical trips outside o Active Transportation is key to public health o Mode Split (bike, walk, public transportation) o Average of the most obese: 3.25% o Average of the least obese: 18.56% o Roanoke: 5.6% o Mobility - bikeshare effectively shrinks our urban spaces by making it easier to move quickly between them • What will it look like? o The Bike - Adjustable seat fits adult riders - Smart keypad control allows for quick checkout Fenders and chain guard keep riders clean Mounted ring lock immobilizes bike when not in use - 8 gear shifting Bell Convenient front basket with prominent branding Dynamo powered, automatic front & rear lights 358 o Mobile App Functionality ).;- Intuitive interface makes sign-up and checkout quick and easy );- Bluetooth users unlock with one touch );- Location service optimized ).;- Map shows bike locations );- Bike routes to local points of interest ).- Opportunities for local sponsor branding o On-Bike Keypad Controls the smart lock Allows access for riders using feature phones or smartphones without BLE compatibility Robust and weatherproof Enables one-touch locking . c Modular Stations Versatile layouts allow for flexible applications and siting Can be anchored or freedstanding Signage includes instructions and space for sponsorship o Station Locations Station locations a function of usage and where sponsors want them to be Likely a version of Roanoke's Golden Triangle - Grandin, Downtown, Crystal Spring, with stations in Wasena, Southeast, Salem, Vinton and several greenway locations • How will it happen? o Mix of Funding Member fees - structure is not yet set Private sponsorship: ~ DRI ~ Carilion Cline ~ RIDE Solutions ~ Richmond Loft Company ~ Garland Properties ~ RGFM Properties VDOT and Federal Funding o Timeline Finalize funding March 15th Launch bikeshare April 151h Grow! (See copy of presentation on file in the City Clerk's Office.)  359 Mr. Holmes explained that Bikeshare is short term bike rentals for one way/round-way trips and station to station trips, adding it was an opportunity to partner "' with businesses, non-profits, and other groups to provide access free or at a low cost that will increase mobility and make it easier to get around. He indicated that the program is designed for casual and average people to conduct their business on bicycles, i.e., placing shopping or laptop in the basket and go wherever; the functionality through a mobile app will make sign-ups and check-outs quick and easy; and Bluetooth users can unlock the bicycles with one touch and location service will be optimized. Mr. Holmes advised that the Bike stations locations are driven by sponsorships and stations will be placed in particular sponsorship locations, such as in downtown Roanoke, on the Jefferson Street corner, West End neighborhood, old Southwest, and the Town of Vinton, noting that additional stations will be added. He concluded that the Bikeshare Program is targeted to launch by April 15, 2017 before the Foot Levelers Blue Ridge Marathon scheduled to be held on April 22, 2017. In response to an inquiry by Council Member Dykstra regarding the cost of sponsorship, Mr. Holmes replied that a sponsorship will be based on a station (which includes the hardware for the bicycles) and that five bicycles would cost approximately $9,000.00 annually, and a single bicycle sponsorship would be $1 ,800.00, annually. Council Member Dykstra asked about the goal as set forth for the program; whereas, Mr. Holmes replied the goal were ten stations and 50 bikes. Mr. Holmes mentioned the Company hoped for a 100-bicycle program capacity, with a price structure of an annual membership to be $60.00 to $75.00 a year/unlimited 30 minute trips or station to station With regard public access to a Bikeshare station, Mr. Holmes replied that directions will be handled through the mobile phone app, which will provide information about amenities and accessibility; and that Downtown Roanoke, Inc. and Visit Virginia's Blue Ridge were working on a way-finding effort for the Roanoke area and he was hoping to tap into their program. Since the stations appeared to be very versatile, Council Member Trinkle asked about accessibility of station locations, whereas, Mr. Holmes replied he had recently met with representatives from The Hotel Roanoke, Cambria Hotel and Suites, and Hampton Inn and Suites - downtown, hoping to get said businesses on board, while making sure visitors have accessibility. 360 Council Member Trinkle asked about statistics and data, i.e., where people would like to ride, what neighborhoods would be best suited for bike stations, and data on usage on miles bicyclists ride, and how many people are using the bikes, and how many local versus tourist riders. Mr. Holmes stated that a lot of good data has already been collected, and hopefully, a wealth of data will be compiled as to where people ride for transportation, where they are taking the bikes, and what streets they are traveling. In closing, the City Manager commended Mr. Holmes regarding the Bikesharing Program, and that it was remarkable that City of Roanoke could launch a program such as the Ride Solutions, adding it was important for the community to focus on a vibrant downtown, tourism, community health, and hope the City will continue the momentum. There being no additional comments, Mayor Lea advised the presentation would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GRANTS-FIRE/EMS: The City Manager submitted a written communication recommending acceptance of the Local Emergency Management Performance Grant from the Virginia Department of Emergency Management to outfit the Fire/EMS first responders with basic ballistic protection and to allow joint training to be provided to both Fire/EMS and Police in the integrated emergency response. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#40761-022117) A RESOLUTION authorizing the acceptance of the FY 2017 - 2018 Local Emergency Management Performance Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 693.)  361 Council Member Trinkle moved the adoption of Resolution No. 40761-022117. 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. Council Member Trinkle offered the following budget ordinance: (#40762-022117) AN ORDINANCE appropriating funding from the Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for ballistic protection and training, 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 694.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40762- 022117. 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. GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending acceptance of the Public Works and Economic Development Facilities Grant from the United States Economic Development Administration to support the roadway extension from Blue Hills Drive, N. E., to the Deschutes Brewery property, located within the Roanoke Centre for Industry and Technology. (For full text, see communication on file in the City Clerk's Office.) 362 Council Member Trinkle offered the following resolution: (#40763-022117) A RESOLUTION accepting the Public Works and Economic Development Facilities Grant to the City by the United States Economic Development Administration ("EDA") in the total amount of $1,514,280.00 for the construction project in extending Blue Hills Drive, N. E., from its current termination point to the Deschutes Property, hereinafter defined; and authorizing the City Manager to take certain other actions in connection with the above project. (For full text of resolution, see Resolution Book No. 78, page 695.) Council Member Trinkle moved the adoption of Resolution No. 40763-022117. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. ECONOMIC DEVELOPMENT-TRANSPORTATION-INDUSTRIES: The City Manager submitted a written communication recommending authorization to request Economic Development Access Program funding from the Virginia Commonwealth .. _ Transportation Board to extend Blue Hills Drive, N. E., to the Deschutes Brewery Property, located within the Roanoke Centre for Industry and Technology. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#40764-022117) A RESOLUTION authorizing the City of Roanoke, Virginia to request the Commonwealth Transportation Board to provide Economic Development Access (EDA) Program funds to the City to extend Blue Hills Drive, N. E., in Roanoke, Virginia; authorizing the City Manager to execute any documents on behalf of the City that are necessary for such application to secure such funding; acknowledging that the EDA Program requires certain local matches and sureties; acknowledging that the extension of Blue Hills Drive, N. E. in the City will be added to, and become a part of, the City road system pursuant to Section 33.2-1509 (C) of the Code of Virginia (1950), as amended; and acknowledging that the City will request that the new roadway be added to receive maintenance payments under Section 33.2-319 of the Code of Virginia (1950), as amended. (For full text of resolution, see Resolution Book No. 78, page 696.) Council Member Trinkle moved the adoption of Resolution No. 40764-022117. The motion was seconded by Council Member Ferris.  363 The City Manager mentioned that the Council approved a Contract for Purchase and Sale of Real Property on April 18, 2016 to convey City-owned property located at 2002 Blue Hills Drive, N. E. to Deschutes Brewery, Inc.; that one of the incentives offered by the Commonwealth of Virginia to attract Deschutes Brewery was the provision of a Department of Transportation Economic Development Access Program Grant to the City to assist with financing the extension of Blue Hills Drive to serve the brewery site; and the facility is expected to involve new private capital investment in buildings and equipment of approximately $85 million and Deschutes Brewery, Inc., is expected to employ 108 persons at said facility. Following the update and compliments on the partners by the City Manager, Resolution No. 40764-022117 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. GRANTS-HOUSING: The City Manager submitted a written communication recommending acceptance of the Continuum of Care Grant from the United States Department of Housing and Urban Development to be used to hire a full-time employee to operate the Coordinated Assessment System. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40765-022117) A RESOLUTION authorizing acceptance of the Continuum of Care ("CoC'') Grant Award to the City of Roanoke from the U.S. Department of Housing and Urban Development ("HUD"), in the amount of $49,070.00 upon certain terms and conditions; and authorizing the City Manager to execute any necessary documents necessary to accept such funding. (For full text of resolution, see Resolution Book No. 78, page 699.) Council Member Bestpitch moved the adoption of Resolution No. 40765-022117. 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. 364 Council Member Bestpitch offered the following budget ordinance: (#40766-022117) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Coordinated Assessment System (CAS) Grant, amending and reordaining certain sections of the 2016 - 2017 General Fund and 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 700.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40766- 022117. The motion was seconded by Council Member Trinkle. The City Manager reported that the Coordinated Assessment System will collaborate with all Continuum of Care HUD funded projects, emergency shelters and domestics violence programs in the Continuum; and faith based organizations will be a part of the collaboration in an effort to leverage funds and provide additional assistance to those in need, adding that there will be a partnership with the Homeless Schools Student Liaison along with other with other prevention agencies in the community. Following the City Manager's remarks, Budget Ordinance No. 40766-022117 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: Implementing LEAN Conference: The conference will be held on March 1-2 at Hotel Roanoke and Conference Center: • Sponsored by Virginia Tech and the City of Roanoke • Speakers from all over the United States will share their knowledge about implementing lean principles: • Jeff Fuchs, Maryland World Class Consortia • Matt Roth, Harley-Davidson Motor Company • Elizabeth Jamison, Adjunct Professor at Virginia Tech • Jason Bingham, Trane North America and Ingersoll Rand • Mike Leigh, OpX Solutions  365 • Chuck Springer, City of Denton, Texas • Jeff Cole, JCG Management Consulting • David J. Williamson, Advance Auto Parts • To register or for more information, go to www.cpe. vt.edu/ilean/ McDonald's St. Patrick's Day Parade and Shamrock Festival: • Saturday, March 11 • Parade begins at 11:00 a.m. on Jefferson Street at Elm Avenue, continues to Campbell Avenue and ends at Williamson Road Shamrock Festival • Begins at noon behind the City Market Building • 12:00 to 1:00 p.m. - Dancing Chicken Band • 1 :30 p.m. to 3:00 p.m. - GAK! • 3:30 p.m. to 5:00 p.m. - Fuzzy Logic McDonald's Kid's Zone • 12:00 to 5:00 p.m. in two locations • In front of the Taubman Museum of Art on Salem Avenue, and in Market Square along Market Street. Corned Beef & Co. Celtic Celebration • 10:00 a.m. to 5:00 p.m. Martin's St. Patty's Block Party • Restaurant open at 11 a.m., festival starts at noon, $10.00 admission More details are available at www.downtownroanoke.org Changes to Solid Waste Collection Schedule: • Because city offices were closed on Monday, February 20, for the Presidents Day holiday, the solid waste collection schedule for this week has changed. • All residential/commercial solid waste collection (including, bulk, brush, and "A Week" recycling) will be delayed one day throughout the week. • For more information, call 853-2000, option 1. CITY ATTORNEY: EASEMENTS: The City Attorney submitted a written report recommending approval of Settlement Agreement and Easement; and authorization for the City Manager to execute the Agreement with Ronald Milan, for a payment of $34,182.00, including grant of drainage easement to the City of Roanoke in connection with property situated at 1702 Murry Road, S. W., designated as Official Tax Map No. 5210701. (For full text, see report on file in the City Clerk's Office.) 366 Council Member Bestpitch offered the following ordinance: (#40767-022117) AN ORDINANCE authorizing the approval of a Mutual Release and Settlement Agreement in connection with the case of Ronald A. Milan v. City of Roanoke, Case No. CL 13000198-00, pending before the Circuit Court of the City of Roanoke, Virginia (Settlement Agreement); authorizing the execution, delivery, acceptance and performance of an Easement Agreement (Easement) in which the City receives a drainage easement on certain real property of Ronald A. Milan, situated at 1702 Murry Road, S. W., Roanoke, Virginia, bearing Official Tax Map No. 5210701 (Property); authorizing the City Manager to execute the Settlement Agreement, Easement, and other appropriate documents; and dispensing with the second reading of this Ordinance by title." (For full text of ordinance, see Ordinance Book No. 78, page 701.) Council Member Bestpitch moved the adoption of Ordinance No. 40767-022117. The motion was seconded by Council Member Trinkle. The City Attorney advised that the owner's name was inadvertently misspelled in several recitals, noting the name should be Ronald and not Roland; and therefore, requested that the measure be amended to reflect the corrected name. Council Member Trinkle offered an amended motion to reflect the correct name. The motion was seconded by Council Member Bestpitch and unanimously adopted. "' Council Member Bestpitch moved the adoption of Ordinance No. 40767-022117, as amended. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. 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 Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.)  367 Vice-Mayor Price offered the following budget ordinance: (#40768-022117) 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 702.) Vice-Mayor Price moved the adoption of Budget Ordinance No. 40768-022117. The motion was seconded by Council Member Dykstra 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: MOUNTAIN VALLEY PIPELINE: Council Member Bestpitch called attention to a communication from the City Manager dated February 21, 2017 in response to the comments made during the December 19, 2016 City Council by Dr. M. Rupert Cutler and Dr. Diana Christopulos about the construction of the Mountain Valley Pipeline (MVP), recommending that staff monitor on-going developments of the pipeline and, when appropriate, submit comments to the Federal Energy Regulatory Commission and other regulatory agencies to ensure the mitigation of erosion and sediment, as well as other water quality pollutants of concern. 368 Council Member Bestpitch mentioned given a portion of the MVP within Roanoke County is along steeply sloped areas, there is a significant risk for soil erosion and that the MVP is a complex project with many impacts to be considered; and given that the stream ecosystem in the Roanoke River is already degraded due to existing sediment loads from the contributing watershed, the city's primary concern should be soil erosion and sediment that can flow downstream through the City limits and impact it's ability to achieve progress in reducing sediment, bacteria, and PCBs. (See copy of communication on file in the City Clerk's Office.) YOUTH: Vice-Mayor Price expressed appreciation to all participants who were in attendance at the First Annual Youth Summit held on Saturday, February 18, at 12:00 Noon-3:00p.m., at Lucy Addison Middle School. CITY GOVERNMENT: Council Member Garland encouraged citizens to continue to reach out to the Council and City administration regarding matters of mutual interest and concern, specifically not renaming Elmwood Park, immigration laws, etc. LEGISLATION: Council Member Ferris, Chair, City's Legislative Committee, noted that the Bills regarding municipal broadband (HB 2108) was passed by the Virginia House of Representatives; however, gun regulations (HB 683 and SB 1112) were killed in both the House and Senate Committees of the General Assembly, respectively. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: HUMANS SERVICES ADVISORY BOARD: Council Member Bestpitch moved to waive the City residency requirement for The Reverend Gary Heaton who was appointed to the Human Services Advisory Board to fill the unexpired term of office of Susan Reese ending June 30, 2018, at the February 6, 2017 Council meeting. The motion was seconded by Council Member Trinkle and unanimously adopted. CITY MANAGER: The City Manager announced that he had accepted the Executive Director position of the National Government Finance Officers Association, a national organization serving local governments based in Chicago, Illinois; adding his last day of employment will be Friday, April 14, 2017, in order to start his new position on Monday, May 1, 2017. At 3:22 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. ,, ..  369 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. PRESENT: Council Members John A. Garland, Anita J. Price (arrived late), David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris 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 Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Thursday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 21, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of PR Homes, LLC, and PRMC, LLC, to amend the Planned Unit Development Plan for properties located at 4402 Pheasant Ridge Road, S. W., and 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map Nos. 5470302 and 5460124, respectively, previously rezoned to INPUD, Institutional Planned Unit Development District, pursuant to Ordinance No. 40371-101915, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, January 31, 2017, and Tuesday, February 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The 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 Public Hearing and subsequently submitted as Amended Application No. 2, is consistent with the City's Comprehensive Plan and Zoning Ordinance as it maximizes development potential of the site. 370 Council Member Ferris offered the following ordinance: (#40769-022117) AN ORDINANCE to rezone certain property located at 4402 and 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map Nos. 5470302 and 5460124, respectively, by amending a Planned Unit Development Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 706.) Council Member Ferris moved the adoption of Ordinance No. 40769-022117. The motion was seconded by Council Member Bestpitch. C. Cooper Youell, IV Attorney, appeared in support of the amendment of the Planned Unit Development Plan for properties located at 4402 and 4414 Pheasant Ridge Road, 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. 40769-022117 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Thursday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 21, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of Terry W. Cundiff to rezone property located at 436 Elm Avenue, S. W., Official Tax Map No. 1020603, from RM-1, Residential Mixed Density District, to MX, Mixed Use District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, January 31, 2017, and Tuesday, February 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.)  371 The 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, Old Southwest Neighborhood Plan, and Zoning Ordinance as the subject property will be used in a manner appropriate to the surrounding are. (See copy of report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40770-022117) AN ORDINANCE to rezone certain property located at 436 Elm Avenue, S. W., from RM-1, Residential Mixed Density District, to MX, Mixed Use District; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 707.) Council Member Bestpitch moved the adoption of Ordinance No. 40770-022117. The motion was seconded by Council Member Trinkle. Terry Cundiff appeared before the Council in support of his request, noting that the subject property is currently zoned RM-1, Residential Mixed Duplex, with use as two units, the lower level units having been used for the past 20 years as commercial office space, while the upper unit has, and is currently a residential apartment; and the proposed rezoning to MX will allow the lower level to be converted as a personal residence. 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 response about the zoning designation of the three adjacent properties, Ordinance No. 40770-022117 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Thursday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 21, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of Cherney Development Company, Inc., to rezone property located at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 0 (zero) Albemarle Avenue, S. E., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, from D, Downtown District, to 1-1, Light Industrial District, subject to certain proffered conditions, the matter was before the body. 372 Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, January 31, 2017, and Tuesday, February 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.) Inasmuch as he has a personal business relationship with Cherney Development Company, Inc., Council Member Garland stated that he must refrain from any participation regarding the matter, and read the following Conflict of Interest Statement into the record: "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in agenda item A. 3 during the 7:00 p.m. Session of Roanoke City Council on February 21, 2017, regarding the request of Cherney Development Company, Inc. to rezone properties located at 1001 Williamson Road, S. E., 0 3rd Street, S. E., and 0 Albemarle Avenue, S. E., from D, Downtown District, to 1-1, Light Industrial District, subject to certain proferred conditions, because I have a personal business relationship with the applicant and/or its principals. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 21st day of February 2017. S/John A. Garland John A. Garland Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) However due to a Planning Commission Member having a personal conflict of interest while participating in discussion of the rezoning matter, Council Member Ferris moved that the matter be remanded to the City Planning Commission, with instructions that the Planning Commission consider the matter at a new public hearing, following advertisement as required by State Code; and thereafter, City Council would hold its public hearing. The motion was seconded by Council Members Bestpitch and Dykstra and adopted, with Council Member Garland abstaining.  373 HOUSING: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 21, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to two proposed amendments to the City of Roanoke 2015 - 2019 Consolidated Plan for Community Development Block Grant funds received from the U. S. Department of Housing and Urban Development to reallocate funds from the 2016 Plan Year Roanoke Redevelopment and Housing Authority Architecture/ Engineering Planning to the 2016 Plan Year to acquire property for a community kitchen by Feeding America of Southwest Virginia to serve low to moderate income persons; and reallocate funds from the 2016 Plan Year from unspent funds allocated for major home rehabilitation to infrastructure improvement to a public pool at Washington Park, which would serve a low-moderate income area of the City, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, January 31, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that Federal rules require a provision of 30 calendar days for public comments to the amendments prior to City Council action; and Amendment No. 1 at its 2:00 p.m. meeting on March 6, 2017; and recommended that a public hearing be held to receive public comments related to the 2016 HUD Plan Amendment No. 1. (See report on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the matter. Brenda Hale, President, Roanoke Branch NAACP, appeared before the Council in support of the community center and advised that the regular executive committee and general membership meetings of the Roanoke Branch NAACP were held on Tuesday, February 14, and discussion ensued with regard to the partnerships and collaborations between the alliances of the Roanoke City Police Department, City of Roanoke, Feeding America Southwest Virginia and Goodwill Industries. She pointed out that the vote was in favor of the community center and the membership felt it was an excellent opportunity to repurpose the former Ms. Chocs Lounge to provide much needed meals to children in the immediate area, and the availability of a kitchen facility for an underserved community. She applauded the insight to provide training and certification; thereafter, she thanked all the partners involved. 374 There being no additional speakers, the Mayor declared the public hearing closed. Council Member Bestpitch commented that for the sake of the community everyone must do their part and not point fingers at others to ensure continued progress. Vice-Mayor Price thanked Ms. Hale, representatives of the NAACP, Council and City staff who worked zealously to ensure that Washington Park would receive the needed rehabilitation to continue to serve the community. She added that the community solutions center was an excellent example of what happened when entities collaborate combining their resources. Council Member Garland recognized Keith Holland, Community Resources Program Administrator, who was instrumental in the grant process and explained that when localities were issued a block grant it was to be used for specific purposes and was often returned to the government unutilized and to request to use the funding for other purposes must also be specified as well as justified in many ways. There being no additional comments by the Council Members, Mayor Lea advised that formal action on the proposed Amendment No. 1 would be taken by the Council during its regular session on Monday, March 6, 2017 at 2:00 p.m. ,.,.,.. HEARING OF CITIZENS UPON PUBLIC MATTERS: NEIGHBORHOODS: Terry Huxhold, 1125 161h Street, S. E., appeared before the Council and spoke about a boxing gym in the southeast neighborhood being undeveloped and underutilized; and also asked that the crime statistics for southeast be separate from downtown Roanoke so that southeast will be reflected as being one of the safest neighborhoods in the City. He further asked that a task force be created to discuss options to bring back economic development growth to the southeast quadrant. In conclusion, he desired to see low to moderate income mixed housing, adding now is the time to give thought to a redevelopment plan for the southeast section of the City. The Mayor commended Mr. Huxhold on his commitment and efforts in spite of his disability; and Mr. Huxhold was most appreciative of the Lea Basketball League in southeast and inquired about the boxing association using the facility in southeast. The Assistant City Manager for Community Development agreed to investigate the inquiry and report back to Mr. Huxhold and the Council.  375 In addition, Council Member Bestpitch spoke about the potential crime in the neighborhoods, and urged the public to report any suspicious activity. CITY COUNCIL: Council Member Trinkle, Chair, City Council Personnel Committee, asked the public to provide input, through social media and/or contact City Clerk's office, about the recruitment and selection of the new City Manager. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 7:36p.m. APPROVED ATIEST: ?f~'rt:__~,_ Stephanie M. City Clerk ~~R~~ Sherman P. Lea, Sr. Mayor