City Council

602 ROANOKE CITY COUNCIL-REGULAR SESSION October 18, 2021 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, October 18, 2021 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 11 , City Council , Section 2-15 , Rules of Procedure , Rule 1, Regu lar Meetings, Code of the City of Roanoke (1979), as amended , and pursuant to Resolution No. 41964-010421 adopted by the Council on Monday, January 4, 2021 . PRESENT: Council Members Robert L. Jeffrey, Jr., Stephanie Moon Reynolds , Vivian Sanchez-Jones, Patricia White-Boyd, William D. Bestpitch (participated by electronic means) , Joseph L. Cobb , and Mayor Sherman P. Lea , Sr.-7 . ABSENT: None-0. Mayor Lea announced he received a request from Council Member Bestpitch to allow participation via zoom in the 2:00 p.m . and 7:00 p.m. meetings of Council. Council voted unanimously to allow participation in the meeting via zoom. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell , Jr. , City Manager; Timothy R. Spencer, City Attorney; and Cecelia F. McCoy, City Clerk. The Invocation was delivered by The Reverend Kathy O'Keeffe , Pastor, Kingdom Life Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by by Mayor Sherman P. Lea , Sr. Mayor Lea expressed sincere thanks for the many expressions of condolenc_es received in the passing of his wife, Clara. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.  603 HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate , matters will be referred to the City Manager for response , recommendation or report to the Council. MISCELLANEOUS : Reagan Costello-White , 2627 Montgomery Avenue , S. W ., appeared before the Council to highlight the need for trauma-informed and disability childcare in Roanoke. 0 BRANDON AVENUE: Freeda Cathcart, 2516 Sweetbrier Avenue , S. W. , appeared before the Council in opposition of the O Brandon Avenue Project scheduled to be heard at the 7:00 p.m. session of City Council. GUN VIOLENCE: Barbara Duerk, 2607 Rosalind Avenue , S. W. , appeared before the Council with regard to concerns about gun violence in the City and in opposition of the O Brandon Avenue Project scheduled to be heard at the 7:00 p.m. session of City Council. CORRUPTION : David Garland , 3704 Round Hill Avenue , S. W. , appeared before the Council and expressed concern with regard to complicity in public corruption and failure to take ownership of criminal acts against the public. 0 BRANDON AVENUE: William Hopkins, Jr., 1102 Oakwood Drive, S. W., appeared before the Council in opposition of the O Brandon Avenue Project scheduled to be heard at the 7:00 p.m. session of City Council. 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 were desired , the item would be removed from the Consent Agenda and considered separately. He called attention to a request convene in a Closed Meeting. MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the regular meetings of City Council held on Monday, August 16, 2021; and Tuesday September 7, 2021; recessed until Thursday, September 8 - 9, 2021; was before the body. (See minutes on file in the City Clerk's Office.) 604 Vice-Mayor White-Boyd moved that the reading of the minutes be dispensed with and approved as recorded. The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds , Sanchez-Jones, White-Boyd , Bestpitch , Cobb , and Mayor Lea-7. NAYS : None-0. 2021 CITIZEN OF THE YEAR: A communication from Mayor Sherman P. Lea , Sr. , requesting that Council convene in a Closed Meeting to discuss the 2021 Citizen of the Year Award , pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950) as amended , was before the body. Vice-Mayor White-Boyd moved that Council concur in the request of the Mayor as abovementioned . The motion seconded by Council Member Cobb and adopted by the following vote: AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch, Cobb , and Mayor Lea-7. NAYS: None-0. RESIGNATIONS-ROANOKE VALLEY GREENWAY COMMISSION : A communication from the City Clerk advising of the resignations of John Francis, Jr., and Stephen Ambruzs as members of the Roanoke Valley Greenway Commission , effective immediately, was before the Council. Vice-Mayor White-Boyd moved that the resignations be accepted and the communication received and filed. The motion seconded by Council Member Cobb and adopted by the following vote : AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb, and Mayor Lea-7. NAYS: None-0. RESIGNATION-ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignations of Margaret Ashburn and Brian Bennett as members of the Roanoke Neighborhood Advocates, effective October 13, 2021, was before the Council.  605 Vice-Mayor White-Boyd moved that the resignations be accepted and the communication be received and filed . The motion seconded by Council Member Cobb and adopted by the following vote : AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb , and Mayor Lea-7. NAYS: None-0. FY 2022 TRANSFER REPORT: A communication from the City Manager transmitting the FY 2022 City Manager Transfer Report for the first quarter ended September 30, 2021 , was before the Counci l. Vice-Mayor White-Boyd moved that the communication be received and filed. The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb , and Mayor Lea-7. DISCIPLINARY ACTION-CITY COUNCIL: A communication from the Mayor requesting that Council convene in a Closed Meeting for discussion or consideration of possible discipline and/or other action to be taken regarding a member of City Council as permitted by Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended , was before the Council. Vice-Mayor White-Boyd moved that Council concur in the request of the Mayor as abovementioned. The motion seconded by Council Member Cobb and adopted by the following vote: AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb , and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: 606 BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: SHUTTERED VENUES OPERATORS GRANT: The City Manager submitted a written communication recommending acceptance of additional funding in connection with the Shuttered Venues Operators Grant from the Small Business Administration Office of Disaster Assistance to provide support to live venue operators in response to the impacts of COVID-19. (For full text, see communication on file in the City Clerk's Office .) Council Member Moon Reynolds offered the following resolution : (#42176-101821) A RESOLUTION authorizing the acceptance of additional funding in connection with Shuttered Venue Operators Grant from the United States Small Business Administration Office of Disaster Assistance and authorizing the execution , and filing of appropriate documents to obtain such funds . (For fu ll text of resolution , see Resolution Book No. 82 , page 71 .) Council Member Moon Reynolds moved the adoption of Resolution No. 42176- 101821. The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch, Cobb , and Mayor Lea-7 . NAYS : None-0. Council Member Moon Reynolds offered the following budget ord inance: (#42177-101821) AN ORDINANCE to appropriate funding from the Economic Aid to Hard-Hit Business, Nonprofits, and Venues Act amended by the American Rescue Plan Act, amending and reordaining certain sections of the 2021 - 2022 Grant Fund-Appropriations , and dispensing with the second reading by title of this ordinance.  607 Council Member Moon Reynolds moved the adoption of Budget Ordinance No. 42177-101821. The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb , and Mayor Lea-7 . NAYS: None-0. (For full text of ordinance, see Resolution Book No. 82 , page 71 .) FY 2021 ASPHALT CONCRETE OVERLAYS AND PAVEMENT PROFILING CONTRACT: The City Manager submitted a written communication recommending amendment to the FY 2021 Asphalt Concrete Overlays and Pavement Profiling Contract with Boxley Materials Company for additional concrete overlays and pavement profiling. (For full text, see communication on file in the City Clerk's Office .) Council Member Cobb offered the following resolution: (#42178-101821) A RESOLUTION authorizing the amendment to the FY 2021 Asphalt Concrete Overlays and Pavement Profiling Contract with Boxley Materials Company for additional concrete overlays and pavement profiling . Council Member Cobb moved the adoption of Resolution No. 42178-101821. The motion seconded by Vice-Mayor White Boyd and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd, Bestpitch , Cobb , and Mayor Lea-7. NAYS: None-0. (For full text of resolution , see Resolution Book No. 82 , page 72.) ENCROACHMENT PERMIT-VIRGINIA WESTERN COMMUNITY COLLEGE: The City Manager submitted a written communication recommending authorization of an encroachment permit for Virginia Western Community College for installation of a sign within the roundabout located at Overland Road and Colonial Avenue , S. W. (For full text, see communication on file in the City Clerk's Office .) 608 Council Member Moon Reynolds offered the following ordinance : (#42179-101821) AN ORDINANCE to appropriate authorization of an encroachment permit for Virginia Western Community College for installation of a sign within the roundabout located at Overland Road and Colonial Avenue , S. W . (For full text of ordinance , see Ordinance Book No. 82, page 73.) Council Member Moon Reynolds moved the adoption of Budget Ordinance No. 42179-101821 . The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White Boyd , Bestpitch, Cobb, and Mayor Lea-7. NAYS: None-0. COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Star City Safe: Fall events coming • The City has launched Star City Safe , an initiative focused on expanded services and access to public facilities to keep our youth and neighborhoods safe, as well as in a variety of in-person and virtual formats to keep a two-way dialogue going. • This campaign was initiated internally by the City, working across departments from a whole-of-government perspective. • Several fall events have been planned for October and November, in conjunction with this initiative. The schedule is posted at roanokeva.gov/safe. RCAHD: Community Vaccination Center • The Virginia Department Health opened a state-run Community Vaccination Center on Oct. 14, 2021 , at the former Sears location at Valley View Mall • The Center will offer vaccination appointments from 10 a.m . to 8 p.m., Monday through Saturday. While appointments are encouraged, walk-ins also will be accepted. • Roanoke Valley Television recently created an informational video about the Vaccine Center. To view the video , go online to YouTube, and search for "Roanoke Valley Television. "  609 Plastic Bag Tax • In response to the implementation of the Plastic Bag Tax on Jan. 1, 2022, the City is working with community partners/organizations and the Department of Social Services to distribute reusable bags to SNAP and WIG recipients , as well as all low income families/individuals. • Reusable bags also will be available to the general public. Staff in the Office of Sustainability and the Community Engagement Office are working to find the best plan for distribution of the bags. • Retail store managers will receive a letter from the City with details about the Plastic Bag Tax Ordinance and Guidelines. REPORTS OF COMMITTEES: APPROPRIATION OF FUNDS FOR VARIOUS EDUCATIONAL PROGRAMS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor White-Boyd offered the following budget ordinance : (#42180-101821) AN ORDINANCE to appropriate funding from the Commonwealth , federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2021 - 2022 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 82 , page 75.) Vice-Mayor White Boyd moved the adoption of Budget Ordinance No. 42180- 101821. The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White Boyd, Bestpitch , Cobb, and Mayor Lea-7. NAYS: None-0. 610 A REPORT OF CERTAIN AUTHORITIES , BOARDS , COMMITTEES AND COMMISSIONS IN WHICH CITY COUNCIL SERVE AS LIAISONS OR APPOINTEES: Council Member Moon Reynolds reported that Total Action for Progress (TAP) was no longer accepting rent relief applications due to COVID-19 and currently the Virginia Department of Housing was the only available resource; and announced that Roanoke Redevelopment and Housing Authority would host several upcoming events including a trunk or treat event on October 22 from 11 :00 a.m. to 1:00 p.m. at the Jamestown Place housing facility. Vice-Mayor White-Boyd congratulated St. Gerard 's Catholic Church on celebrating their 75 th anniversary and noted that it was the first African American Catholic Church established in Virg inia. Council Member Cobb mentioned that he brought greetings from the City of Roanoke in a dialogue with students from sister City Lijiang , China , and the Roanoke Valley whom shared information about their different origins, educational interests, etc. Council Member Moon Reynolds recognized Council Member Cobb and offered kudos in giving a substantial donation to purchase shirts and ties for the Gents of Garden City, notably the donation will help the young men gain confidence as they dress for success; and announced that Council Member Cobb would present "Honoring their Breaths" on Wednesday, October 20 , at 7:00 p.m ., where he will tell the histories of the City Farm, Old Lick and Coyner Springs Cemeteries. Council Member Sanchez-Jones mentioned that Local Colors recently organized a Hispanic Heritage Festival where Council Member Cobb presented a proclamation honoring Hispanic Heritage Month; and the City hosted a Hispanic Health Fair whereby Bradley Free Clinic and many agencies participated, both events were well attended . UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS : NONE. MOTIONS AND MISCELLANEOUS BUSINESS : INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: (See page 610 for comments)  611 VACANCIES ON CERTAIN AUTHORITIES , BOARDS , COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:11 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room , Room 451 , Noel C. Taylor Municipal Building; and thereafter to be reconvened at 7:00 p.m . in the Council Chamber. At 7:00 p.m ., the Council meeting reconvened in the Council Chamber, Room 450 , fourth floor, Noel C. Taylor Municipal Building , with Vice-Mayor Patricia White-Boyd , presiding. PRESENT: Council Members Robert L. Jeffrey, Jr., Stephanie Moon Reynolds, Vivian Sanchez-Jones , Vice-Mayor Patricia White-Boyd, William D. Bestpitch, Joseph L. Cobb, and Mayor Sherman P. Lea, Sr. , (arrived late)-7. ABSENT: None-0. The Vice-Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Timothy R. Spencer, City Attorney; and Cecelia F. McCoy, City Clerk. The Invocation was delivered by Council Member Joseph L. Cobb. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor White-Boyd. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Moon Reynolds 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 seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, Vice-Mayor White Boyd , Bestpitch , Cobb-6 . NAYS: None-0. (Mayor Lea was absent when the vote was recorded.) 612 OTHER BUSINESS: GUN VIOLENCE PREVENTION COMMISSION : Presentation by the Gun Violence Prevention Commission . The Gun Violence Prevention Commission presented information with regard to the Gun Violence Prevention and Intervention Mini-Grants recently awarded. Council Member Cobb highlighted the following information: • Our purpose • Gun Violence Prevention and Intervention Mini-Grants • Youth and Gang Violence Community Assessment • Gun Violence Intervention Program Grant • Coming up (See copy of presentation on file in the City Clerk's Office.) Council Member Cobb provided background information with regard to the Commission advising that a major part of the purpose was to make recommendations to City Council for potential actions that the City may take to reduce the epidemic of gun violence within the community. He noted that they also make recommendation for enhancing existing resources and campaigns; and aid the City in making and developing community partnerships to assist in the reduction of gun violence. He further advised that $65 ,000 .00 was awarded to 17 local non-profit and faith- based organizations for activities designed for prevention and intervention of gun violence in the community; $1 ,500.00 to $4,500.00 mini grants were awarded with focus on youth and young adults with activities completed by August 31 , 2021 . He briefly recognized the recipients of the mini-grants which included Boys and Girls Club, Building Bridges over Barriers , The Roanoke Sigmas, Casa Latina of Roanoke Valley, CommUNITY Arts Reach , CAFE , Family Service of Roanoke Valley, Gen Now Youth , Groceries Not Guns, Humble Bees Youth Ministry, Humble Hustle, Paradise Community Development Center, SOOUL Foundation , Straight Street, Total Action for Progress , West End Center and WE Charm . Angela Williams, Program Manager, Roanoke Higher Education Center and Antonio Stovall , teacher, African-American Male Studies , spoke with regard to their class , experiences and thanked the Gun Violence Prevention Commission and City Council for their support. They introduced a former gang member who spoke with regard to the benefits of classes offered by Ms. Williams and Mr. Stovall.  613 Christopher Roberts, Youth and Gang Violence Coordinator, explained that he was a native of Roanoke who worked as a Juvenile Probation Officer, at the local detention center, and supervising court ordered community service for kids; and wanted to come in new looking to learn from the youth and connect them to the right services to prevent violence. Mayor Lea entered the meeting at 7:21 p.m. The Vice-Mayor relinquished the Chair. Council Member Cobb concluded stating that the Gun Violence Prevention Commission would host a Community Forum on November 9, 6:00 p.m., at the Berglund Center Performing Arts Theatre, wh ich would include updates on the prevention framework from the Mayor, Chief of Police , Chair of the Gun Violence Prevention, RESET Coordinator and City Manager. He also pointed out that on November 10, at 1:00 p.m. , the Statewide Department of Criminal Justice would host a Webinar featuring the Gun Violence Prevention Framework. Following accolades by the Council Members, Mayor Lea thanked the Gun Violence Prevention Commission for an informative presentation , received and filed the briefing. PUBLIC HEARINGS: STREET AND ALLEY VACATION: Pursuant to Resolution No . 25523 adopted by the Council on Monday, April 6, 1981 , the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m. , or as soon thereafter as the matter may be heard , on a request of Bill Chapman to vacate a 12 foot wide alley surrounded by 208 4th Street, S. W. , 210 4th Street, S. W. , 355 Campbell Avenue , S. W. , and 351 Campbell Avenue , S. W. , and extending approximately 68 feet south from an alley that runs perpendicular to 4th Street, S. W. , was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 28 , 2021 and Tuesday, October 5, 2021 . (See publisher's affidavit on file in the City Clerk's Office .) The City Planning Commission submitted a written report recommending approval of the vacation of right-of-way as requested and as amended at the public hearing held on October 11 , 2021 , contingent upon certain cond itions. (For full text, see report on file in the City Clerk's Office.) 614 Council Member Moon Reynolds offered the following ordinance: (#42181-101821) AN ORDINANCE permanently vacating , discontinuing and closing an approximately 12 foot wide alley surrounded by 208 4th Street, S. W. , 21 O 4th Street, 355 Campbell Avenue, S. W. , and 351 Campbell Avenue , S. W ., that extends approximately 68 feet south from an alley that runs perpendicular to 4th Street, S. W. , as more particularly described hereinafter; and dispensing with the second reading of this ord inance by title. (For full text of ordinance , see Ordinance Book No. 82 , page 77.) Council Member Moon Reynolds moved the adoption of Ordinance No. 42181- 101821 . The motion seconded by Council Member Cobb. Bill Chapman , Petitioner, appeared before the Council in support of the request. 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. 42181 -101821 was adopted by the following vote : AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb, and Mayor Lea -7. NAYS : None-0. CLOSURE BY BARRICADE: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981 , the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m. , or as soon thereafter as the matter may be heard , on a request of St. Elizabeth's Episcopal Church to close by barricade a portion of York Road , S. W. , at the intersection of 2352 York Road , S. W. , and O York Road , S. W. , extending perpendicular across York Road , S. W. to the boundary of 2302 Northview Drive, S. W. , and preventing vehicular traffic on the southern portion of York Road , S. W. , that dead ends at 2339 Grandin Road , was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 28 , 2021 and Tuesday, October 5, 2021 . (See publisher's affidavit on file in the City Clerk's Office.)  615 The City Planning Commission recommended approval of the closure by barricade as requested, contingent upon certain conditions. (For full text, see report on file in the City Clerk's Office.) Council Member Moon Reynolds offered the following ordinance : (#42182-101821) AN ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, at the intersection of 2352 York Road , S. W. , 0 York Road , S. W ., to the boundary of 2302 Northview Drive, S. W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title . (For full text of ordinance , see Ordinance Book No . 82 , page 80.) Council Member Jeffrey moved the adoption of Ordinance No. 42182-101821. The motion seconded by Council Member Cobb. Greg Watts, representing St. Elizabeth's Episcopal Church, appeared in support of the request. 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. 42182-101821 was adopted by the following vote: AYES: Council Members Jeffrey, Moon Reynolds , Sanchez-Jones, White-Boyd, Bestpitch , Cobb, and Mayor Lea -7 . NAYS : None-0. STREET AND ALLEY VACATION: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981 , the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m. , or as soon thereafter as the matter may be heard, on a request of Greater Roanoke Transit Company to vacate a 10 foot wide alley between and parallel to 11th Street, S. E., and 12th Street, S. E., extending perpendicular from the southern edge of Campbell Avenue , S. E., approximately 175 feet to the northern edge of Kirk Avenue S. E. Kevin Price, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 28 , 2021 and Tuesday, October 5, 2021. (See publishers' affidavit on file in the City Clerk's Office.) 616 Inasmuch as the City Planning Commission continued the matter to its November 8, 2021 meeting , the Mayor advised that City Council had no jurisdiction to hear the matter at this time . ZONING AMENDMENTS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981 , the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m ., or as soon thereafter as the matter may be heard , on a request of the City of Roanoke to amend Chapter 36.2 , Zoning , Code of the City of Roanoke , (1979), as amended , for clarification and consistency with State law, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 28 , 2021 and Tuesday, October 5, 2021 . (See publishers' affidavit on file in the City Clerk's Office.) Inasmuch as the City Planning Commission continued the matter to its November 8, 2021 meeting , the Mayor advised that City Council had no jurisdiction to hear the matter at this time. CITY-OWNED PROPERTY EASEMENT: Pursuant to instructions by the Council , the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m. , or as soon thereafter as the matter may be heard , on a proposal of the City of Roanoke to grant a nonexclusive variable width access easement containing approximately 29 ,662 square feet , more or less, across City-owned property located in the County of Roanoke , Virginia , to Jack and Ann Wimmer to provide ingress and egress to property owned by Jack and Ann Wimmer, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 8, 2021. (See publishers' affidavit on file in the City Clerk's Office.) The City Manager recommended execution of a Deed of Easement for the conveyance of an access easement to Jack and Ann Wimmer. (For full text, see report on file in the City Clerk's Office .)  617 Council Member Moon Reynolds offered the following ordinance : (#42183-101821) AN ORDINANCE authorizing the conveyance of a nonexclusive variable width access easement containing approximately 29 ,662 square feet, more or less, across City of Roanoke owned property located in the County of Roanoke , Virginia, bearing Roanoke County Parcel Identification No. 009 .00-01-21.00- 0000,., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 82 , page 82.) Council Member Moon Reynolds moved the adoption of Ord inance No. 42183- 101821. The motion seconded by Council Member Jeffrey. 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. 42183-101821 was adopted by the following vote: AYES : Jeffrey, Moon Reynolds , Sanchez-Jones, White-Boyd, Bestpitch , Cobb , and Mayor Lea -7. NAYS: None-0. UNDERGROUND UTILITY EASEMENT: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 18, 2021 , at 7:00 p.m. , or as soon thereafter as the matter may be heard, on a request of Proposal of the City of Roanoke to grant an underground utility easement with an approximate width of 15 feet , across City-owned property located in Roanoke County, Virginia , to Appalachian Power Company, to provide electric service to an adjacent parcel of property owned by Jack and Ann Wimmer, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 8, 2021 . (See publishers' affidavit on file in the City Clerk's Office.) The City Manager recommended execution of a Deed of Easement for the conveyance of the electric utility easement to Appalachian Power Company. (For full text, see report on file in the City Clerk's Office.) 618 Vice-Mayor White-Boyd offered the following ordinance: (#42184-101821) AN ORDINANCE authorizing the conveyance of a fifteen foot wide underground utility easement, under and across City of Roanoke owned property located in the County of Roanoke , Virginia, bearing County of Roanoke Parcel Identification No. 018.00-01-09.01-0000 and County of Roanoke Parcel Identification No. 009 .00-01- 21.00-0000 ("Property") to Appalachian Power Company, upon certain terms and conditions;, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance , see Ordinance Book No. 82, page 83.) Vice Mayor White-Boyd moved the adoption of Ordinance No. 42184-101821. The motion seconded by Cobb. 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. 42184-101821 was adopted by the following vote: AYES : Council Members Jeffrey, Moon Reynolds, Sanchez-Jones, White-Boyd , Bestpitch , Cobb, and Mayor Lea -7. NAYS: None-0. 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, October 18, 2021 , at 7:00 p.m ., or as soon thereafter as the matter may be heard, on a request of Brandon Village, LLC, to rezone property located at O Brandon Avenue, S. W., from R-7, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies location of buildings and infrastructure, site access, and building design, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 28, 2021 and Tuesday, October 5, 2021. (See publishers' affidavit on file in the City Clerk's Office.) The City Planning Commission recommended approval of the rezoning , finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, neighborhood plans, and the Zoning Oridnance. (For full text, see report on file in the City Clerk's Office.)  619 Council Member Moon Reynolds offered the following ordinance: "AN ORDINANCE rezoning certain property located at O (zero) Brandon Avenue, S. W., bearing Tax No. 1250801 , from R-7 , Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies location of buildings and infrastructure, site access, and building design; and dispensing with the second reading of this ordinance by title ." Council Member Moon Reynolds moved the adoption of the Ordinance. The motion seconded by Cobb . The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the following individuals addressed the Council: James Settle , 929 Winona Avenue , S. W.; in opposition ; John Garland, 923 Oakwood Drive S. W. ; in opposition ; Catherine Greenberg , 1029 Oakwood Drive , S. W .; in opposition; Dian Lee Tapscott, 1019 Sherwood Avenue , S. W .; in opposition ; Thomas Myers, 1019 Sherwood Avenue , S. W .; in opposition ; Alexander Boone, 3922 Electric Road #1A, S. W .; in support; Adele Carliss , 1830 Arlington Road, S.W .; in opposition ; Walt Derey, 93 Oakwood Drive, S. W .; in opposition ; Freeda Cathcart, 2516 Sweetbrier Avenue , S.W. ; in opposition; Joyce Waugh, 210 South Jefferson Street, S. W. ; in support; Jackie Stanley, 1826 Mt. Vernon Road , S. W.; in opposition ; and Helen Meredith, 2111 Westover Avenue, S. W .; in opposition . There being no further speakers, the Mayor declared the public hearing closed . Following in-depth discussion regarding the rezoning of property located at 0 Brandon Avenue, S. W ., from R-7, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District, the Ordinance was defeated by the following vote : AYES : Council Members Sanchez-Jones , White-Boyd , and Mayor Lea-3 . NAYS: Council Members Jeffrey, Moon Reynolds, Bestpitch , and Cobb-4. HEARING OF CITIZENS UPON PUBLIC MATTERS : City Council sets this time as a priority for citizens to be heard. If deemed appropriate , matters will be referred to the City Manager for response , recommendation or report to the Council. 620 Michael Reed , 145 Norfolk Avenue, S. W. , representing Row by the Red , appeared before the Council with regard to a homeless encampment less than 50 feet from his home that has experienced multiple altercations, garbage , growing police involvement, public urination, human excrement; and suggested that City funds be utilized for a substantial and permanent City operated structure and in the interim consider a ban on public camping. Douglas Pitzer, 2200 Montauk Road , N. W. , Apt. 10, appeared before the Council to ask for City support with regard to a program titled Strokes of Genius , an after school program which provides tutoring and other educational assistance in the Gainsboro community. NEW BUSINESS : Council Member Moon Reynolds offered the following resolution requesting that Council Member Robert Jeffrey consider taking a leave of absence from City Council: (#42185-101821) A RESOLUTION requesting that Council Member Robert Jeffrey consider taking a leave of absence from City Council until final disposition of the criminal charges pending against him are disposed of by the court. (For full text of resolution , see Resolution Book No . 82 , page 84.) Council Member Cobb moved the adoption of Resolution No. 42185-101821. The motion seconded by Vice Mayor White-Boyd . Following comments by Council Member Jeffrey, Resolution No. 42185-101821 was adopted by the following vote: AYES: Moon Reynolds, Sanchez-Jones , White-Boyd , Bestpitch , Cobb , and Mayor Lea-6. NAYS: None-0. (Council Member Jeffrey abstained from the vote.)  621 There being no further business to come before the Council , Mayor Lea declared the regular meeting adjourned at 10:17 p.m. APPROVED ATTEST: c~J. ~ Cecelia F. McCoy, CMC City Clerk ~czi~. Sherman P. Lea , Sr. Mayor