City Council

660 ROANOKE CITY COUNCIL-REGULAR SESSION .....,. November 19, 2018 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, November 19, 2018 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. 41181-070218 adopted by the Council on Monday, July 2, 2018. PRESENT: Council Members Djuna L. Osborne (arrived late), Anita J. Price, William D. Bestpitch, Michelle L. Davis, John A. Garland and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Joseph L. Cobb-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Timothy J. Spencer, Senior Assistant City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by the Reverend Elizabeth Link, Associate Pastor, Second Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. At this point, Council Member Osborne entered the meeting (2:06p.m.). PRESENTATIONS AND ACKNOWLEDGEMENTS: DEPARTMENT OF PARKS AND RECREATION: The Mayor recognized Michael Clark, Director, Parks and Recreation, and staff on maintaining its ranking for the third time with elite park and recreation agencies across the country by earning re- accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA) and the National Recreation and Park Association (NRPA); and for receiving the Virginia Recreation and Park Society "Best New Environmental Sustainability Award" for its collaborative work in preserving the historic Sycamore tree in Elmwood Park.  661 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. RECESS TIME IN SCHOOLS: Allison Bowersock, 4630 Branderwood Drive, S. W., appeared before the Council to advocate the implementation of the Recess Bill passed by the General Assembly earlier this year. Since the Council does not have jurisdiction regarding School Board matters, Council Member Bestpitch suggested Ms. Bowersock contact the Roanoke City School Board and School Administration. PARTICIPATORY GOVERNANCE: Brian McConnell, 32 Elm Avenue, S. W., appeared before the Council to recommend proposed inquiry and subsequent dialogue between municipal personnel and Roanoke's citizenry regarding more participatory governance. (See copy of handout on file in the City Clerk's Office.) Matter referred to the City Manager for response. RECESS TIME IN SCHOOLS: Meredith MacKenzie, 2444 Oregon Avenue, S. W., appeared before the Council to request support of recess time in Roanoke City Public Schools. The Senior Assistant City Attorney encouraged Ms. MacKenzie to appear before the Roanoke City School Board to voice her concern regarding recess breaks during the school day. RECESS TIME IN SCHOOLS: Tiffani Reynolds, 2102 Mountain View Terrace, S. W., appeared before the Council to advocate for two 20-minute recess breaks during the school day in the Roanoke City Public School system. MISCELLANEOUS: Robert Gravely, 3360 Hershberger Road, N. W., once again appeared before the Council. RADAR SERVICE: Paul Marrissey, 4902 Grandin Road, S. W., appeared before the Council to voice concern about the elimination of bus service on 419, and urged the Council to work with Roanoke County to provide full service to and from the County. 662 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. OATHS OF OFFICE-TOWING ADVISORY BOARD: Report of qualification of Fatima Foster as a Law Enforcement representative of the Towing Advisory Board for a three-term of office ending October 31, 2021, was before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Davis moved that the report of qualification be received and filed. The motion was seconded by Council Member Osborne and adopted by the following vote: A YES: Council Members Osborne, Price, Bestpitch, Davis, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Cobb was absent.) At 2:53 p.m., Mayor Lea declared the Council meeting in recess for a City Council Legislative Committee Meeting scheduled at 3:00p.m., in the Council Chamber. At 4:22 p.m., the Council meeting reconvened in the Council Chamber, Mayor Lea presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Cobb. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER:  663 BRIEFINGS: Harm Reduction and Opioid Addiction Response Dr. Stephanie L. Harper, Director, Roanoke City and Alleghany Health Districts, shared details of the Comprehensive Harm Reduction Program, and introduced Pam Meador, Council of Community Services' Drop-In Center; Dr. Cheri Hartman, Carilion Clinic and Roanoke Valley Hope Initiative; Janie Underwood, Bradley Free Clinic and Roanoke Valley Hope Initiative; and Dr. Kim Horn, Virginia Tech Carilion Research Institute; Janine Underwood and Dan Miranda, members of the Roanoke Valley Collective Response Team. Dr. Harper mentioned that a comprehensive harm reduction program, which includes a syringe exchange, could be another tool in the toolbox to prevent disease, and get more people into treatment. Members of the Roanoke Collective Response Team shared their respective contributions to combat opioid and addiction abuse, focusing on comprehensive harm reduction services to address the crisis. Following the presentation, City Manager Bob Cowell stated the State has to play an active role in funding and must be a financial partner in this effort including changing laws and ensure funding gets to the local level. He advised that one of the roles of the Collective Response Group was to help legislators understand how critical it is that they play an active role in this effort, and they have demonstrated that this region has put together a clear, concise, and action-oriented plan. Mr. Cowell stated he was highly confident a syringe exchange would eventually be part of the region's comprehensive approach to treating drug addiction. Following extensive dialogue regarding the matter, Mr. Cowell stated future talks would come through the Collective Response Group. Mayor Lea thanked Dr. Harper and representatives from the Collective Response Group for their participation; and received and filed the remarks. ITEMS RECOMMENDED FOR ACTION: ENCROACHMENT PERMIT FOR SOUTH COMMONWEALTH PARTNERS: The City Manager submitted a written communication recommending authorization of an encroachment permit for South Commonwealth Partners to install stamped concrete in the right-of-way located in front of 27 Church Avenue, S. E. (For full text, see communication on file in the City Clerk's Office.) 664 .... Council Member Bestpitch offered the following ordinance: (#41315-111918) AN ORDINANCE allowing an encroachment into the public right of way, at the request of South Commonwealth Partners, LLC ("Owner"), the owner of certain parcels of real estate located at 25 Church Avenue, S. E., Roanoke, Virginia, known as Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property"), for the placement and construction of a stamped, concrete design, on and within a portion of the public right of way located along Church Avenue, S. E., and adjacent to the Property, for the purpose of advertising Owner's business, which portion, in the aggregate, encompasses approximately 589 square feet of the public right of way, subject to revocation by the City; 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. 80, page 97.) Council Member Bestpitch moved the adoption of Ordinance No. 41315-111918. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Osborne, Price, Bestpitch, Davis, Garland, and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Cobb was absent.) At this point, Mayor Lea relinquished the Chair to former Vice-Mayor and Council Member Price and left the meeting (6:07p.m.). ANDREWS TECHNOLOGY: The City Manager submitted a written communication recommending amendment to the City's contract with Andrews Technology. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41316-111918) A RESOLUTION authorizing the City Manager's issuance and execution of an additional Amendment to the City's Contract with Andrews Technology HMS, Inc. ("Andrews") to add Berglund Center employees to the Novatime Time Clock system; and authorizing the City Manager to take certain other actions in connection with such Amendment. (Forfull text of resolution, see Resolution Book No. 80, page 107.)  665 Council Member Bestpitch moved the adoption of Resolution No. 41316-111918. The motion was seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Osborne. Bestpitch, Davis, Garland and former Vice-Mayor Price-5. NAYS: None-0. (Vice-Mayor Cobb was absent. Mayor Lea was not present when the vote was recorded.) COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Changes in Solid Waste Collection Schedule City offices closed for the Thanksgiving Holidays on Thursday and Friday, November 22 and 23. As a result, the following schedule is in effect for Solid Waste Collection this week: • Monday, November 19 and Tuesday, November 20, routes will be collected on Monday • Wednesday, November 21, routes will be collected on Tuesday • Thursday, November 22, routes will be collected on Wednesday The Week of Thanksgiving is 8 week recycling. There will be no leaf collection this week due to the Thanksgiving Holiday. Leaf collection will resume the week of November 26 and run through the week of December 10. For more information, contact the Solid Waste Division at 853-2000, Option 1. Dickens of a Christmas This is everyone's favorite holiday event, held on the first three Fridays in December from 6:00 p.m.to 10:00 p.m. in downtown Roanoke. • Citizens invited to enjoy favorites like roasted chestnuts, carriage rides, street performers, and more. • Activities will include: o The City of Roanoke Christmas Tree Lighting on Friday, December 7 (starts at 6:15p.m.). o The City of Roanoke Christmas Parade on Friday, December 14 (starts at 7:30p.m.). o The Coca Cola Snow Zone and RVSPCA Pet Costume Contest on Friday, December 21 (starts at 6:30p.m.). • More information is available at www.downtownroanoke.org 666 At this point, former Vice-Mayor and Council Member Price relinquished the Chair to the Mayor (6:10p.m.). Elmwood on Ice The rink in Elmwood Park will open the day before Thanksgiving, November 21, 2018 and operate through January 2019. • Admission fees are $6.00 to skate, $2.00 for skate rentals, and $3.00 for the ice slide. You can purchase all three (skating, skates, and ice slide) for $10.00. • Hours posted on the DRI website. The rink will have limited hours on Thanksgiving, Christmas Eve, and New Year's Day; and closed on Christmas Day. • Visit downtownroanoke.org to learn more about Elmwood on Ice. REPORTS OF COMMITTEES: VARIOUS EDUCATIONAL PROGRAMS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the City Manager submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: - (#41317-111918) AN ORDINANCE to appropriate funding from Commonwealth and Federal grants and the Schools general fund for various educational programs, amending and reordaining certain sections of the 2018 - 2019 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 108.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41317-111918. The motion was seconded by Council Member Price and adopted by the following vote: A YES: Council Members Osborne, Price, Bestpitch, Davis, Garland, and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Cobb was absent.) UNFINISHED BUSINESS: NONE.  667 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. At 6:12p.m., the Mayor declared the Council Meeting in recess and to reconvene at 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members Djuna L. Osborne, Anita J. Price, William D. Bestpitch, Michelle L. Davis, John A. Garland and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Joseph L. Cobb-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Timothy J. Spencer, Senior Assistant City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by the Reverend Tim Dayton, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: FIRE MARSHAL: Mayor Lea recognized David Guynn, the new Fire Marshal for the City of Roanoke. ANNUAL FIRE PREVENTION WEEK ART CONTEST WINNERS: The Mayor recognized and presented Certificates of Achievement to the 14th Annual Fire Prevention Week Art Contest winners. 668 PUBLIC HEARINGS: 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 19, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of St. Gerard Catholic Church to rezone property located at 804 and 806 Hanover Avenue, N. W., respectively, from RM-1, Residential Mixed Density District, to IN, Institutional District, with a condition, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, October 30, 2018 and Tuesday, November 6, 2018. (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 is consistent with the City's Comprehensive Plan, Harrison & Washington Park Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41318-111918) AN ORDINANCE to rezone certain properties located at 804 and 806 Hanover Avenue, N. W., from RM-1, Residential Mixed Density District, to IN, Institutional District, subject to a certain condition on Official Tax Map No. 2031508 proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 109.) Council Member Price moved the adoption of Ordinance No. 41318-111918. The motion was seconded by Council Member Garland. Father Ken Shuping, appeared before Council in support of the rezoning the properties on Hanover Avenue, N. 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.  669 There being no questions and/or comments by the Council Members, Ordinance No. 41318-111918 was adopted by the following vote: A YES: Council Members Osborne, Price, Bestpitch, Davis, Garland, and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Cobb was absent.) CARMAX AUTO SUPERSTORES, INC.: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 19, 2018 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to consider the sale of approximately 11 .813 acres of City-owned property located at 0, 2839 and 2903 Peters Creek Road, N. W., to CarMax Auto Superstores, Inc., for the purpose of constructing an automobile dealership, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, November 12, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of a Contract and all other documents necessary for the sale of approximately 11.813 acres of City-owned Property located at 2839 Peters Creek Road, N. W., 2903 Peters Creek Road, N. W., and 0 Peters Creek Road, N. W. to CarMax Auto Superstores, Inc., including a special warranty deed. The Contract, the special warranty deed, and other documents to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41319-111918) AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and CarMax Auto Superstores, Inc., ("Buyer"), to sell to Buyer approximately 11.813 acres of City-owned property located at 2839 Peters Creek Road, N. W., Roanoke, Virginia, 2903 Peters Creek Road, N. W., Roanoke, Virginia, and 0 Peters Creek Road, N. W., Roanoke, Virginia, being designated as Official Tax Map Nos. 6410104, 6410105, and 6410106 respectively, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 110.) 670 ' " Council Member Price moved the adoption of Ordinance No. 41319-111918. The motion was seconded by Council Member Osborne. 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 the City Manager and recognition of representatives of CaxMax Auto Superstores, Inc., Ordinance No. 41319-111918 was adopted by the following vote: A YES: Council Members Osborne, Price, Bestpitch, Davis, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Cobb was absent.) ENTERPRISE ZONE ONE A AND ITS SUBZONE 8: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 19, 2018 at 7:00p.m., or as soon thereafter as the matter may be heard on the request of the City of Roanoke to consider boundary amendments to Enterprise Zone One A and its Subzone B, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, November 5, 2018, and Monday, November 12, 2018; and The Roanoke Tribune on Thursday, November 15, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending modification of the boundaries of Enterprise Zone One A and its Subzone B, subject to approval by the Virginia Department of Housing and Community Development (VDHCD), with an effective date retroactive to a date approved by the VDHCD. Furthermore, authorize the City Manager to apply to the VDHCD for approval of the abovementioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the program requirements throughout the life of the Zones. (For full text, see report on file in the City Clerk's Office.)  671 Council Member Garland noted a personal conflict of interest with regard to the abovementioned matter and read the following Statement of Conflict of Interest into the record: "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, states that I have a personal interest in Agenda Section 8, Public Hearings, Item 8.3. of the 7:00 p.m. Session of City Council on November 19, 2018, regarding the proposal of the City of Roanoke to consider boundary amendments to Enterprise Zone One A and its Subzone 8 because I hold interests in entities that own properties that are proposed to be included in the amended boundaries. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 19th day of November 2018. S/John A. Garland John A. Garland, Council Member" (See copy of Conflict of Interest Statement on file in the City Clerk's Office.) At this point, Council Member Garland left the Council Chamber (7:26p.m.). Council Member Bestpitch offered the following resolution: (#41320-111918) A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone 8 that will (i) delete certain areas currently within Enterprise Zone One A and (ii) will add certain areas not currently within Enterprise Zone One A or its Subzone 8 to Enterprise Zone One A and its Subzone 8; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. (For full text of resolution, see Resolution Book No. 80, page 112.) Council Member Bestpitch moved the adoption of Resolution No. 41320-111918. The motion was seconded by Council Member Price. 672 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 the City Manager, Ordinance No. 41320-111918 was adopted by the following vote: A YES: Council Members Osborne, Price, Bestpitch, Cobb, Davis, and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Cobb was absent. Council Member Garland was not present when the vote of recorded.) At this point, Council Member Garland re-entered the Council Chamber (7:28p.m.). HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. DUMAS HOTEL LEGACY GROUP: The following persons appeared before the Council regarding the sale and purchase of the Dumas Hotel: Cheryl Twine, 2553 Maycrest Street, N. W., a member of the Dumas Hotel Legacy, Inc., commented on the importance of giving back to the community and urged the Council to work with the group to bring the Dumas back to the citizens of Roanoke. Lee Graves, Jr., 1430 Lafayette Boulevard, N. W., requested the Council's support in acquiring the Dumas building; and commented that the building was the last of the original Henry Street businesses and it would be nice to make it viable again. Jordan Bell, 3303 Christian Avenue, N. E., a historian who researched the Dumas Hotel, urged the Council to work in unity with the Dumas Hotel Legacy, Inc., to better the community. Shmura Glenn, 1816 Staunton Avenue, N. W., spoke to the sincerity of the purchase of the Dumas building and implored the Council to support the cause.  673 Martin Jeffrey, 421 Fairfax Avenue, N. W., reviewed the logistics of the Dumas Legacy group; and urged the Council to support the efforts of the organization. (See copy of Independent Analysis of Dumas Hotel Legacy, Inc., Business Proforma on file in the City Clerk's Office.) HONOR SENIOR CITIZEN: Jordan Bell, 3303 Christian Avenue, N. E., appeared before the Council to recommend that the City honor Margaret Roberts, a lifelong City resident and community advocate, as the City Historian of Roanoke. There being no further business to come before the Council, Mayor Lea declared the Council meeting adjourned at 8:09 p.m. APPROVED ~ft~ Sherman P. Lea, Sr. Mayor