Mins 01-22-09

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					      There being no further business, the Mayor declared the Council meeting
adjourned at 6:35 p.m.                                                                I
                                 APPROVED

ATTEST:



Stephanie IVI. Moon       L
City Clerk                                                     Mayo r




                 ROANOKE CITY COLlNClL -- REGLILAR SESSION

                                 January 22,2009

                                     2:00 p.m.


       The Council of the City of Roanoke met in regular session on Monday,
January 22, 2009, at 2:00 p.m., in the Council Chamber Room 4.50, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A.
                                                                                      I
Bowers, presiding, pursuant to Chapter 2, Administration, Article II, Citv Council,
Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 38150-070708 adopted
by the Council on Monday, July 7, 2008.

       PRESENT: Council Members Gwendolyn W. Mason, Alvin L. Nash, Anita J.
Price (arrived late), Court G. Rosen, David B. Trinkle, Sherman P. Lea, and Mayor
David A. Bowers-6.

      ABSENT: None-0.

      The Mayor advised 'that a quorum was present.

       OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
City Clerk.

      The Invocation was delivered by The Revered Art Good, Senior Pastor, Valley
View Wesleyan Church.
                                                                                      I
I        The Pledge of Allegiance to the Flag of the United States of America was led by
    Mayor Bowers.'

           PRESENTA1-IONS AND ACKNOWLEDGEMENTS:

           ACTS OF ACKNOWLEDGEMENT: The Mayor accepted the United States Flag
    on, behalf of the City of Roanoke, in recognition of a combat mission by the 2-82
    Aviation Regiment in Kandahar, Afghanistan.

          ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor recogr~ized
                                                                     a
    delegation of Korean students from Wonju, Korea.

           At this point, Council Member Price entered the meeting (2:20 p.m.).

           HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
    Council sets this time as a priority for citizens to be heard and matters requiring referral
    to the City Manager will be referred immediately for response recommendation or report
    to Council.

           CABLE TELEVISION-COMPLAINTS: Chris Craft, 1501 East Gate Avenue, N. E.,
    appeared before Council and suggested that Council consider offering citizens other


I
    cable television options. He also urged the Council to provide financial assistance.to
    Mill Mountain Theatre and to the Roanoke City schools.

          CITY GOVERNMENT-HOUSING: Robert D. Gravely, 727 2gth Street, N. W.,
    appeared before the Council and spoke about the invocations delivered during the
    Council meeting and lack of funds by citizens for housing in the City due to low paying
    jobs.

                                        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.

         MINUTES: Minutes of the regular meeting of Council held on Monday,
    September 15, 2008, were before the body.

    (See Minutes on file in ,the City Clerk's Office.)
       Council Member Mason moved that Council dispense with the reading of the
minutes and approve as recorded. The motion was seconded by Council Member
Trinkle and adopted by the following vote:
                                                                                         I
     AYES: Council Members Mason, IVash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

      NAYS: None-0.

       COUNCIL: A communication from the Council Member Gwendolyn W. Mason,
Chair, City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant
to Section 2.2-371 1 (A)(1), Code of Virginia (1950), as amended, was before the body.

                 on
(See comm~~nication file in the City Clerk's Office.)

        Council Merr~ber Mason moved that Council concur in her request as
abovedescribed. The motion was seconded by Council Member Trinkle and adopted by
the following vote:

     AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

      NAYS: None-0.

       COUIVCIL: A corr~niunicationfrom the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned property, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-371 1 (A)(3), Code of
Virginia (1950), as amended, was before the body.

(See communication on file in the City Clerk's Office.)

      Council Member Mason moved that Council concur in the request of the City
Manager as abovedescribed. The motion was seconded by Council Member Trinkle and
adopted by the following vote:

     AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

       NAYS: None-0.
I          COUNCIL: A communication from the City Manager requesting that Council
    convene in a Closed Meeting to discuss the acquisition of real property for a public
    purpose, where discussion in open meeting would adversely affect the bargaining
    position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of
    Virginia (1950), as amended, before the body.

                       on
    (See corr~munication file in the City Clerk's Office.)

          Council Member Mason moved that Council concur in the request of the City
    Manager as abovedescribed. The motion was seconded by Council Member Trinkle and
    adopted by the following vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
    Bowers-7.

           IVAYS: None-0.

          COUNCIL: A communication from the City Attorney requesting that Council
    convene in a closed Meeting for consultation with legal counsel on a specific legal
    matter requiring the provision of legal counsel, pursuant to Section 2.2-3711 (A)(7),
    Code of Virginia (1950) , as amended, was before the body.

    (See communication on file in the City Clerk's Office.)

           Council Member Mason moved that Council concur in the request of the City
    Attorney as abovedescribed. The motion was seconded by Council Merr~ber
                                                                          Trinkle and
    adopted by the following vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
    Bowers-7.

           NAYS: None-0.

          OATHS OF OFFICE-CONIMITTEES-CITY PLANNING COMMISSION: Reports
    of qualification of Chad A. Van Hyning and Richard A. Rife as members of the City
    Planning Commission for terms of four years ending December 31, 2012, were before
    the Council.

    (See Oaths or Affirmations of Office on file in the City Clerk's Office.)
        Council Member Mason moved that the reports of qualification be received and
filed. The motion was seconded by Council Member Trinkle and adopted by the
following vote:
                                                                                       I
                                                        Cutler, Lea, and Mayor
     AYES: Council Members Mason, Price, Rosen, Trir~kle,
Bowers-7.

       NAYS: None-0.

                                       REGULAR AGENDA

       PUBLIC HEARINGS: NONE.

       PETIl'IONS AND CONIMUNICA1-IONS: IVONE.

       REPORTS OF OFFICERS:

       CITY MANAGER:

      ROANOKE CIVIC CENTER: The City Manager introduced Chris Conley from
Global Spectrum as the General Manager of the Roanoke Civic Center.

       BRIEFINGS: NONE.

       ITEMS RECOMMENDED FOR AC1-ION:

       BUDGET-ENVIRONMENTAL POLICY-GRANTS: The City Manager submitted a
written communication recommending acceptance of the Virginia Department of
Environmental Quality Assessment Grant to fund various environmental assessment
and related activities.

(For full text, see communication on file in the City Clerk's Office.)

       Council Member Trinkle offered the following resolution:

       (#38336-012209) A RESOLUTION authorizing the acceptance of a Virginia
Department of Environmental Quality (VDEQ) Grant to fund environmental site
assessment activities on the former Virginia Scrap Iron and Metal Company (Virginia
Scrap Iron) property within the City of Roanoke; and authorizing the City Manager to
execute any required grant award contract, to execute any necessary additional
documents, to provide additional information, and to take any necessary actions to
obtain, accept, receive, implement, and administer such VDEQ Grant, upon certain
terms and conditions.

(For full text of resolution, see Resolution Book No. 73, page 102.)
I         Council Member Trinkle moved the adoption of Resolution No. 38336-012209.
    The motion was seconded by Council Member Mason and adopted by the following
    vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
    Bowers-7.

           NAYS: None-0.

           Council Member Trinkle offered the following budget ordinance:

          (#38337-012209) AN ORDINANCE to appropriate funding from the
    Commonwealth of Virginia Department of Environmental Quality for environmental
    assessment of the former Virginia Scrap Iron and Metal Company property, amending
    and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and
    dispensing with the second reading by title of this ordinance.

    (For full text of ordinance, see Ordinance Book No. 73, page 103.)

          Council Member Trinkle moved the adoption of Ordinance 1 0
                                                                  1.38337-012209.
    The motion was seconded by Council ~ e m b &Mason and adopted by the following


I
    vote:

           AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor


           NAYS: None-0.

          YWCA: The City Manager submitted a written corrrmur~icationrecommending an
    amendment of the City's Consolidated Plan for the YWCA lnman Building Demolition
    Project.

    (For full text, see communication on file in the City Clerk's Office.)

           Council Member Mason offered the following resolution:

            (#38338-012209) A RESOLUTION conditionally authorizing the appropriate City
    officials to amend the 2005-2010 Consolidated Plan regarding the YWCA lnman
    Building Demolition Project, including submission of necessary documents to the U. S.
    Department of Housing and Urban Development (HUD).

    (For full text of resolution, see Resolution Book No. 73, page 103.)
vote:
      Council Member Mason moved the adoption of Resolution No. 38338-012209.
The motion was seconded by Council Member Trinkle and adopted by the following        I
     AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

       NAYS: None-0.

       CONllVlENTS BY THE CITY MANAGER: IVONE.

       DIRECTOR OF FINANCE:

      FINANCIAL REPORT: The Director of Finance submitted a written report for the
month of November 2008.

(For full text, see copy of Financial Report on file in the City Clerk's Office.)

       Mayor Bowers commented about the significant drop in the Pension Fund.

       There being no additional questions and/or comments, the Mavor advised that
the Financial ~ e ~ 6 would be received and filed.
                      f-t

       REPORTS OF COMMITTEES:

       SCHOOLS: The Roanoke City School Board submitted a written report
recommending appropriation of funds to various school program accounts; and the
Director of Finance transrr~itted a report recommending that Council concur in the
request.

(For full text, see reports on file in the City Clerk's Office.)

       Council Member Trinkle offered the following budget ordinance:

        (#38339-012209) AN ORDINANCE to appropriate funding from the Federal
government and donations, amending and reordaining certain sections of the 2008-
2009 School Fund Appropriations, and dispensing with the second reading by title of
this ordinance.

(For full text of ordinance, see Ordinance Book No. 73, page 104.)
I          Council Member Trinkle moved the adoption of Budget Ordinance No. 38339-
    012209. The motion was seconded by Council Member Rosen and adopted by the
    following vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
    Bowers-7.

          NAYS: None-0.

           UNFINISHED BUSINESS: NONE.

        INTRODUCTION           AND      CONSIDERAI-ION        OR     ORDINANCES         AhlD
    RESOLU-rIONS:

           CITY MARKET: Ordinance No. 38333, on second reading, appropriating funds in
    connection with architectural and engineering services for renovations to the City
    Market Building, have previously been before the Council for its first reading, read and
    laid over, was again before the body, Council Member Trinkle offered the following for
    its second reading and final adoption:

          (#38333-012209) AN ORDINANCE to appropriate funding from the Economic
    and Community Development Reserve for Architectural and Engineering Services at the

I   City Market Building, amending and re-ordaining certain sections of the 2008-2009
    General and Market Building Funds Appropriations.

    (For full text of ordinance, see Ordinance Book No. 73, page 101.)

         Council Member Trinkle moved the adoption of Ordinance No. 38333-012209.
    The motion was seconded by Council Member Mason.

           In an attempt to be more efficient and having listened to public input, Council
    Member Trinkle offered a motion to amend the appropriation of funds from $160,000.00
    to $120,000.00, noting revisions to said cor~tractingprocess which adheres to initial
    public concerns to involve the Council in the development of a vision for Market Building
    based on the plans, feedback, surveys and public input, and thereafter, try to create a
    design or two based on multiple designs from real structural analysis with an
    engineering firm. He was of the opinion that the abovementioned process will lead to
    some construction documents, as the original contract proposed, in order for the
    renovation to begin as soon as possible. The motion was seconded by Vice-Mayor Lea.

           Mayor Bowers asked if the budget ordinance could be amended on its second
    reading; whereupon, Mr. Hackworth replied in the affirmative, stating that it would be
    permissible since the appropriation was a reduction rather than an increase; and that all
    the references to $160,000.00 would be revised to reflect the $120,000.00 amount.
       Council Member Nash reiterated his reason for voting against the adoption of the
budget ordinance-at the previous meeting which was held on Monday, January 5, 2009.
However, he was supportive of the revised budget. He again voiced his concern about
the interruption of the vendors during the process.

        Council Member Rosen recognizes that the Market Building is an icon in
Roanoke and an engine for the Market area; however, he believes the Council has not
provided a vision. He was concerned that the proposed expenditure would not be a
sufficient amount for the construction drawing phase, and after spending several
months going through the process, the economic situation and revenue may not support
the renovation, which was their goal. Therefore, he has trouble voting to spend said
amount of money without any real assurance that it will lead to the renovation that is
necessary.

      Council Member Price agreed that the matter had been studied redundantly, and
presently, she was of the opinion, that there is a vision, which is for the Market Building
to remain as a food court. She agreed that there needed to be a-preliminary design,
and she hoped $120,000.00 would suffice to accomplish the preliminary design.

         Ms. Anita Wilson, President of the Vendors Association at the City Market, and
co-owner of Burger in the Square, appeared before the Council and shared background
information on the history of the Market Building, along with some recent surveys. She
was of the opinion that the Council needed to go with what was attainable as well as
sustainable. She also has a hard time supporting spending more money on another
study, noting that the two consultant plans were not in keeping with the current format,
both moved away from ,the food court concept to retail spaces, and the price tag of $7
n-rillion was not within reach in today's current recession. She called attention to a
recent study revealed that 72.2% of those persons surveyed supported leaving the
building as a market place and its current tenants in operation, but with cleaning,
maintenance and upgrades. She thought the Council should direct the consultants with
the ideas of what was wanted and needed, with some public and tenant input.

      There being no further discussion to amend the amounts in Budget Ordinance
No. 38333-012209 from $160,000.00 to $120,000.00, the amendment as offered by
Council Member Trinkle, seconded by Vice-Mayor Lea was adopted, with Council
Member Rosen voting no.

      There being no additional questions and/or comments, Budget Ordinance No.
38333-012209 was adopted, as amended, by the following vote:

       AYES: Council Members Mason, Nash, Price, Trinkle, Lea and Mayor Bowers-6.

       NAYS: Council Member Rosen-1.
I          The City Manager reminded the Council that based upon their recent action, a
    contract would be executed with the A & E firm, and the firm would be attending the
    informal session of the C o ~ ~ n c i l Monday, February 2, 2009, at 9:00 a.m., in the EOC
                                      on
    Conference Room. She suggested that the Council review the materials and past
    studies prior to the February 2 session.

            BUDGET-SCHOOLS: Council Member Trinkle offered the following resolution
    expressing the intent of City Council to include in future City budgets, additional funding
    for the Roanoke City Public Schools, above the bse funding level as determined by the
    present funding formula, in increments of $500,000.00, up to a total of $2.5 million over
    a five-year period, subject to funding availability:

           (#38340-012209) A RESOLUTION expressing the intent of City Council to
    include in future City budgets, subject to funding availability, additional operating
    funding for the Roanoke City Public Schools.

    (For full text of ordinance, see Ordinance Book No. 73, page 105.)

         Council Member Trinkle moved the adoption of Resolution No. 38340-012209.
    The motion was seconded by Council Member Mason.



I
           Council Member Trinkle, as a City representative to the Joint Services
    Committee between the City and Schools, commended the former Mayor, C. Nelson
    Harris, for his recommendation in his State of the City Address, advocating support of
    the schools. He further stated that his legacy demonstrates leadership.

          There being no additional questions and/or comments by the Council Members,
    Resolution No. 38340-012209 was adopted by the following vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
    Bowers-7.

           NAYS: None-0.

           MOTIONS AhlD MISCELLANEOUS BUSINESS: NONE.

        INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
    COUNCIL:

           COUNCIL: Council Member Nash corr~mented an article that appeared in The
                                                         on
    Roanoke Times on January 17, 2009, regarding the possibility that the Blue Ridge
    Housing Authority may owe the City about $333,000.00 as a result of the profits made
    during the development of several projects, and indicated that the Authority may have

I   violated their contract with the City and some HUD rules by not returning those funds
    immediately to the City. He stated that he was no longer with Authority, but felt that the
Authority was one of the best community development corporations and nonprofits in
the region, and any audit would show that to be the case. He pointed out that due to
poor economic conditions the agency was struggling to stay in operation, like many
other companies in the valley, but the Authority had at least three dedicated staff
working for little or nothing to keep the agency open and maintain the functions until
better times; and he would do everything he c o ~ ~ to assist Blue Ridge Housing to
                                                      ld
continue to work and provide quality affordable housing and community revitalization to
the valley. He corrlmented that he had suggested that the Authority ask HUD to
investigate and review its contracts and procedures to demonstrate that they have not
broken or violated any City contract or HUD rule.

        In addition, he stated that there was a statement provided to the newspaper by
the City of Roanoke in December that was absolutely untrue, and was a defamation of
the character and value of Blue Ridge Housing'~uthority a corporation and himself
                                                             as
as a professional. He pointed out that the Authority had turned in every report and
reconciled many contracts over the years, and would reconcile Southeast by Design
after the project was completed, because it was hard to be reconcile each individual
house. In closing, he apologized for failing to realize and advise the Council of a conflict
of interest he had, which had caused the City Manager to receive,some criticism, and
he expressed his appreciation for the Council allowing him an opportunity to comment
upon something very painful to himself and the Authority.

(For full text, see statement on file in the City Clerk's Office.)

        In reference to the editorial in the January 22, 2009 edition of The Roanoke
Times about the City Manager, Council Member Nash remarked ,that the nurrlber one
person who should have informed the Council was himself, and he takes responsibility
for the action.

    VACANCIES ON CERTAIN AUTHORITIES, BOARD, COMMISSIONS AND
COMMIT-TEES:

      HOUSING AUTHORITY: In connection with the filling of the liaison position to the
Roanoke Redevelopment and Housing Authority, Board of Commissioners, Council
Member Mason nominated Council Members Price and Rosen as Council liaisons to the
Roanoke Redevelopment and Housing Authority Board of Commissioners, effective
January 22,2009. The motion was seconded by Council Member Trinkle. .

       The City Manager shared some background regarding the history of Council
liaisons, noting that the individual(s) would be responsible for ensuring that the Council
was represented, rather than informing the public.
           Council Member Nash commented that although the liaison was not a voting
    position, he hoped the liaison(s) would have an active presence, and he would support
    the appointments, if they would agree that a more detailed report was needed
    concerning the Housing Authority's activities.

          There being no additional comments from the Council Members, the appointment
    of Council Members Price and Rosen as Council liaison representatives to the Roanoke
    Redevelopment and Housing Authority, Board of Commissioners, was unanimously
    adopted.

          At 3:45 p.m., the Council meeting was declared in recess for a Closed Meeting in
    the Council's Conference Room, Room 451.

          At 6:45 p.m., the Council meeting was reconvened in the Council Chamber, with
    Mayor Bowers presiding and all Members of the Council in attendance.

           COUNCIL: With respect to the Closed Meeting just concluded, Council Member
    Mason moved that each Member of City Council certify to the best of his or her
                                                                       ,from open meeting
    knowledge that: (1) only public business matters lawfully exerr~pted
    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


I
    convened were heard, discussed or considered by City Council. The motion was
    seconded by Council Member Nash and adopted by the following vote:

         AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea and Mayor
    Bowers-7.

          NAYS: None-0.

           At 6 5 0 p.m., the Council meeting was declared in recess to be reconvened at
    7:00 p.m., in the 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, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.

           PRESENT: Council Members Gwendolyn W. Mason, Alvin L. Nash, Anita J.
    Price, Court G. Rosen, David B. Trinkle, Sherman P. Lea, and Mayor David A.
    Bowers-7.

          ABSENT: None-0.

           OFFICERS PRESENT: Darlene L. Burcham, City Manager; William IM.
    Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon,
    City Clerk.
       The Invocation was delivered by Mayor David A. Bowers.

      The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.

       The Mayor advised that a quorum was present.

       PRESENTATIONS AlVD ACKNOWLEDGEMENTS: NONE.

       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 Thursday, January 22,
2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
William E. Williams, Jr., and ECS Properties, LLC, that an approximate 30 foot wide strip
of approximately 6,545 square feet on the west side of property, bearing Official Tax No.
5090210, located at 4935 Woodmar Drive, S. W., and zoned R-12, Residential Single
Family District, and a 13,455 square foot portion of property located on the easterly side
of the tract, bearing Official Tax No. 5090278, located at 1950 Electric Road, S.W.,
currently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial
Neighborhood District, subject to the following condition: that the proposed development


                                                                                              I
of the subject property shall be in substantial conformity with a development and
landscaping plan dated November 25, 2008. The purpose of the rezoning is to allow for
the construction of a landscaped buffer, parking improvements and exit as shown on such
development and landscaping plan, the matter was before the body.

     Legal advertisement of the public hearing was published in The Roanoke Times on
Monday, January 5,2009 and Monday January 12,2009.
(See publisher's affidavit on file in the City Clerk's Office.)
       The City Planning Commission submitted a written report recommending
approval of the application, finding that the application to rezone the subject property to
be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Greater
Deyerle Neighborhood Plan; and that the rezoning will permit the increased use of an
existing commercial site while retaining the residential dwelling.

(For full text, see report on file in the City Clerk's Office.)

       Council Member Mason offered the following ordinance:
I               (#38341-012209) AIV ORDINANCE to amend 936.2-100, Code of the City of
         Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
         dated December 5, 2005, as amended, to rezone certain properties within the City,
         subject to a certain condition proffered by the petitioner; and dispensing with the second
         reading of this ordinance by title.

         (For full text of ordinance, see Ordinance Book No. 73, page 106.)

              Council Member Trinkle moved the adoption of Ordinance No. 38341-012209.
         The motion was seconded by Council Member Nash.

              The Mayor inquired if there were persons present who wished to speak in
         connection with the request. There being none, he declared the public hearing closed.

                Wilburn C. Dibling, Jr., Attorney, appeared in support of his client.

                There being no questions and/or comments by the Council Members, Ordinance
         IVo. 38341-012209 was adopted by the following vote:

              AYES:       Council Members Mason, Nash, Price, Trinkle, Lea, and Mayor
         Bowers-6.

                NAYS: None-0.

         (Inasmuch as his wife is a practicing attorney with Gentry Locke Rakes & Moore,
         Council Member Rosen abstained from voting.)

                 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
         April 6, 1981, the City Clerk having advertised a public hearing for Thursday,
         January 22, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
    .,   request of Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar
         Division and Virginia Housing Development Authority, c/o Habitat America LLC, to
         rezone a portion of property, bearing Official Tax No. 2720701, located on Shenandoah
         Avenue, N. W., from CG, Commercial General District, to RMF, Residential Multifamily
         District, to rezone a portion of property, bearing Official Tax No. 27201 13, located on
         Westside Boulevard, N. W., from RNIF, Residential Multifamily District, to R-5,
         Residential Single Family District, and to rezone two portions of property, bearing
         Official Tax No. 27201 14, located on Westside Boulevard, N. W., from R-5, Residential
         Single Family District, to RMF, Residential Multifamily District, for uses permitted in the
         respective zoning districts. Such portions of property are more specifically set out on
         Sheets P-1 and 4 of the Plan entitled, Parking Reconfigurations West Creek Manor
         Apartments, dated November 25,2008, the matter was before the body.
     Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, January 5,2009 and Monday January 12,2009.                                         I
(See publisher's affidavit on file in the City Clerk's Office.)

       The City Planning Commission submitted a written report recommending
approval of the application, finding that the application to rezone the subject property to
be consistent with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek
South Neighborhood Plan; and rezoning the subject properties will provide improved
access and parking areas for West Creek Manor Apartments, as well as improving the
overall condition of the complex.

(For full text, see report on file in the City Clerk's Office.)

       Council Member Trinkle offered the following ordinance:

      (#38342-012209) AN ORDINANCE to amend 536.2-100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain properties within the City, and
dispensing with the second reading of this ordinance by title.

(For .full text of ordinance, see Ordinance Book No. 73, page 108.)

     Council Member Trinkle moved the adoption of Ordinance No. 38342-012209.
The motion was seconded by Council Member Mason.

     The. Mayor inquired if there were persons present who wished to speak in
connection with the request. 'There being none, he declared the public hearing closed.

       David Tenzer, Attorney, appeared in support of his client.

      There being no questions and/or comments from the Council Members,
Ordinance No. 38342-012209 was adopted by the following vote:

     AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

       NAYS: None-0.
I            ZONIIVG: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
    April 6, 1981, the City Clerk having advertised a public hearing for Thursday,
    January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
    the request of Lorrd Ganeshji, Inc., to rezone property located at 1917 Franklin Road,
    sN.,     Official Tax No. 1272801, from MX, Mixed Use District, to CG, Commercial
    General District, subject to the following conditions: (1) that only the following uses
    shall be permitted: business service establishment; office, general or professional;
    office, general or professional, large scale; animal hospital or veterinary clinic, no
    outdoor pens or runs; caterer, commercial; studio, multimedia production facility;
    bakery, confectionary or similar food production, retail; general service establishment;
    jarritorial services establishment; personal service establishment; pet groomiqg; retail
    sales establishment, limited to florists; club, lodge, civic or social organization;
    community center; health and fitness center; meeting hall; place of worship; artist
    studio; educational facility, business school or non-industrial trade school; educational
    facility, school for the arts; community food operation; day care, adult; wireless
    communication facility, stealth; medical clinic, limited to home healthcare services; and
    (2) electronic readerboards shall be prohibited on the property, for the purpose of
    allowing any of the enumerated uses, the matter was before the body.

         Legal advertisement of the public hearing was published in The Roanoke Times
    on Monday, January 5,2009 and Monday January 12,2009.

    (See publisher's affidavit on file in the City Clerk's Office.)

           The City Planning Commission submitted a written report recommending
    approval of the application, finding that the rezoning of the subject property to be
    consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Franklin
    Road/Colonial Avenue Area Plan; and that allowing for a variety of uses is appropriate
    to the property's location and physical improvements.

    (For full text, see report on file in the City Clerk's Office.)

           Council Member Rosen offered the following ordinance:

          (#38343-012209) AN ORDINANCE to amend 936.2-100, Code of the City of
    Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
    dated Decerr~ber5, 2005, as amended, to rezone certain property within the City,
    subject to certain conditions proffered by the petitioner; and dispensing with the second
    reading of this ordinance by title.

    (For full text of ordinance, see Ordinance Book No. 73, page 109.)

         Council Member Rosen moved the adoption of Ordinance No. 38343-012209.
    The motion was seconded by Council Member Mason.
      The Mayor inquired if there were persons present who wished to speak in
connection with the rezoning request. There being none, he declared the public hearing
closed.

       Daniel Barnes, Attorney, appeared in support of his client.

--   AYES: Council Members Mason, Nash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-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 Thursday,
January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of the City of Roanoke and Anstey Hodge Advertising Group to rezone
property located at 120 Commonwealth Avenue, IV.E., Official Tax No. 3012827, from
RM-1 Residential Mixed Density District, to Dl Downtown District, subject to the
following conditions: (1) that the existing building be retained; (2) that only the following
uses shall be permitted: business service establishment; office, general or professional;
caterer, commercial; live work unit; studio, multimedia production facility; bakery,
confectionary or similar food production, retail; retail sales establishment; and artist
studio, for the use of the property for an advertising business and other commercial
uses, and (3) that vehicular access be limited to the existing entrance off Gilmer
Avenue, the matter was before the body.

     Legal advertisement of the public hearing was published in The Roanoke Times
on Monday, January 5,2009 and Monday, January 12,2009.

(See publisher's affidavit on file in the City Clerk's Office.)

       The City Planning Commission submitted a written report recommending
approval of the application to rezone the subject property to be consistent with the City's
Zoning Ordinance, Comprehensive Plan, and the Gainsboro Neighborhood Plan; the
application provides for the retention of a local business, preserves a historic building,
and improves the appearance of a highly-traveled gateway into Downtown; and that
representatives were present from the Gainsboro Historic Preservation District Inc.; and
the Gainsborough Southwest Community Organization appeared before the
Commission.

For full text, see report on file in the City Clerk's Office.)

       Council Member Mason offered the following ordinance:
      (#38344-012209) AN ORDINANCE to amend 536.2-,100, Code of the City of
Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia,
dated December 5, 2005, as amended, to rezone certain property within the City,
subject to certain conditions proffered by the petitioner; and dispensing with the second
reading of this ordinance by title.

(For full text of ordinance, see Ordinance Book No. 73, page 111.)

     Council Member Mason moved the adoption of Ordinance No. 38344-012209.
The motion-was seconded by Council Member Trinkle.

      'The Mayor inquired if there were persons present who wished to speak in
connection with the rezoning request. There being none, he declared the public hearing
closed.

      COI-lncil Member Nash remarked about comments received from several
Gainsboro residents that approval was given for the building to be located in the Historic
Gainsboro District, to be used as an advertising company, provided that the agency
would meet with the residents. He noted that the residents also expressed concern
regarding the change in the zoning designation; and asked City staff to explain the
reason for the zoning change.

      Christopher L. Chittum, Planning Administrator, explained that the property was
currently zoned RM-1, which is a residential mixed use district, and that any previous
use that occupied 'the property was either non-conforming or grandfathered in; and
because the grandfathering option had lapsed, any use of the property other than for
residential purposes would require that the property be rezoned. Council Member Nash
asked whether the proposed rezoning of the property would still be considered a part of
the Historic Gainsboro neighborhood or become part of the downtown district. Mr.
Chittum advised that the property would still be a part of the Gainsboro neighborhood,
but would simply have a downtown zoning.

       Council Member Nash asked if said information had been explained to the
Gainsboro residents when City staff met with them, and mainly, did the residents
understand. The City Manager commented that the Council had requested that City
staff meet with members of the Gainsboro Neighborhood back in August 2008, and
meetings with the Planning Commission had also occurred, and it was known what the
use was proposed to be. She called attention to the number of times that City staff had
met with the residents prior to the public hearing for the sale of the property, which
information was available if the Council desired a copy. Council Member Nash
commented that he did not have a question about the use, only the need for the
rezoning. The City Manager emphasized that the rezoning would in no way impact the
designation as being part of Gainsboro.
      There being no additional questions and/or comments by the Council Members,
Ordinance No 38344-012209 was adopted by the following vote:

     AYES: Council Members Mason, IVash, Price, Rosen, Trinkle, Lea, and Mayor
Bowers-7.

       NAYS: None-0.

        HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor stated that City
Council sets this time as a priority for citizens to be heard; and matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.

     COMMUNITY PLANNIIVG: Robert D. Gravely, 3360 Hershberger Road, N. W.,
appeared before Council and spoke about the lack of growth in the economy for the
community.

       There being no further business, the Mayor declared the meeting adjourned at
7:27 p.m.

                                     APPROVED




Stephanie M. Moon, CMC                                                 David A. Bowers
City Clerk                                                             Mayor