City Council

265 ROANOKE CITY COUNCIL-REGULAR SESSION December 19, 2016 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, December 19, 2016, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Sherman P. Lea, Sr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 40579-070516 adopted by the Council on Tuesday, July 5, 2016. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price (arrived late), and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. MISCELLANEOUS: Robert Gravely, 3360 Hershberger Road, N.W., appeared before Council regarding the elements of a new day and their release upon the earth. 266 PIPELINES: Dr. M. Rupert Cutler, 204 South Jefferson Street, Suite 4, and Dr. Diana Christopulos, 907 Greenbriar Court, Salem, appeared before Council to express concerns regarding the proposed Mountain Valley Pipeline construction across the headwaters of the Roanoke River that could set back the City's expensive effort to clean storm water and make it harder for the City to meet its legally required maximum level of contamination goal. (See copy of written comments by Dr. M. Rupert Cutler on file in the City Clerk's Office.) Dr. Cutler hoped the City would express concern regarding the proposed Mountain Valley Pipeline directly to the Federal Energy Regulatory Commission, Governor Terry McAuliffe and City representatives to the U.S. Congress. In summary, the following shared with the Council regarding the City of Roanoke and Mountain Valley Pipeline: • Potential Impacts on City of Roanoke: • Visual View of Construction on Steep Slopes Like Poor Mountain Above City of Roanoke ~- Proposed Change to Jefferson national Forest Plan - 500-foot utility corridor, encouraging future co-location of three equally large projects • Water Quality Potential Long-Term Pipeline Impacts for City of Roanoke and Roanoke Valley U.S. Forest Service required a partial study of impacts on local rivers Forest Service Comments on CSI report • Public Safety Potential Long-Term Pipeline Impacts for City of Roanoke and Roanoke Valley Large Size Under High Pressure • Organizations Officially Opposed to Mountain Valley Pipeline ("controversial but not partisan") Water Quality (1) Public Safety (See copy of presentation on file in the City Clerk's Office.)  267 Drs. Cutler and Christopulos respectfully encouraged and recommended that the City of Roanoke file comments with the Federal Energy Regulatory Commission (FERC); and the Jefferson National Forest (JNF) requesting further information: Request that the applicant (MVP) calculate the full potential impact of both construction and operation on both North and South Forks of the Roanoke River upstream from the intake of the Spring Hollow Reservoir and its impact on Total Maximum Daily Load (TMDL) for the Roanoke River. Request that the applicant (MVP) prepare detailed plans to prevent or mitigate impact based on successful strategies used in comparable settings. Request information from the USFS on the future impact of the proposed Amendment 1 to the USFS plan for the Jefferson National Forest (JNF), which would create a 500-foot Rx5C-Designated Utility Corridor along the pipeline right of way through the JNF that encourages co-location along the large utility projects along the same corridor. Following comments by several members of Council, Council Member Bestpitch suggested that the abovementioned recommendations be referred to the City Manager for review and response as to the potential impact of the pipeline on both North and South Forks of Roanoke River; and that other local officials may wish to follow up regarding the impact of the Mountain Valley Pipeline on their localities. (See copy of communication from the City Manager dated February 21, 2017 in response to the comments made by Dr. M. Rupert Cutler and Dr. Diana Christopulos about the construction of the Mountain Valley Pipeline.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the Members of Council and will be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion are desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of the Council held on Monday, August 15, 2016, and Tuesday, September 6, 2016, was before the body. (See Minutes on file in the City Clerk's Office.) 268 Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Trinkle adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) BUDGET: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2017-2018, was before the body. (See copy of communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the communication of the City Manager as abovementioned. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) OATHS OF OFFICE-CITY PLANNING COMMISSION-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS-ROANOKE VALLEY GREENWAY COMMISSION-BUILDING AND FIRE CODE BOARD OF APPEALS: Reports of qualification of the following individuals were before the Council: Lora J. Katz and James E. Smith as members of the City Planning Commission for four-year terms of office, each, ending December 31, 2020; Edward Garner as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a three-year term of office ending December 31, 2019; Margaret D. Butler as a member (City representative) of the Roanoke Valley Greenway Commission to fill the unexpired term of James D. Ritchie, Sr., ending June 30, 2019; and  269 Glen Wayne Hall as a member (Citizen At-Large) of the Building and Fire Code Board of Appeals for a three-year term of office ending June 30, 2019. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: SALE/PURCHASE OF PROPERTY: Pursuant to instruction by the Council, the City Clerk having advertised a public hearing for Monday, December 19, 2016, at 2:00p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke to execute a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia and the County of Roanoke, Virginia, wherein the City proposes to sell to the County a portion of certain real property located on Jae Valley Road in Roanoke County, Virginia, for the purposes of developing, constructing, operating, and maintaining a public park facility with public access to Back Creek for canoe and Kayak uses, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 12, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending that the City Manager be authorized to execute a Contract, including a Special Warranty Deed of Conveyance for the transfer of the property to Roanoke County, in accordance to certain terms and conditions, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 270 Council Member Bestpitch offered the following Ordinance: (#40721-121916) A 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 the County of Roanoke, Virginia ("Buyer"), to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, ("Property") and which Property depicted as Parcel 1 in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D. B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel1 9.8770 Acres Parcei1- A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ("Plat"), upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City-Owned property; 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. 78, page 476.) Council Member Bestpitch moved the adoption of Ordinance No. 40721-121916. The motion was seconded by Council Member Dykstra. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following a brief overview by the City Attorney of the sale of the City-owned property, Ordinance No. 40721-121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE.  271 ITEMS RECOMMENDED FOR ACTION: BUDGET-GREENWAYS-INDUSTRIES: The City Manager submitted a written communication recommending acceptance and appropriation of Regional Surface Transportation Program funding from the Virginia Department of Transportation (VDOT) in connection with Phase 2 of the Tinker Creek Greenway Trail Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40722-121916) A RESOLUTION accepting Regional Surface Transportation Program Funds from the Virginia Department of Transportation to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail; and authorizing execution of any required documents on behalf of the City in connection with such funds under certain conditions. (For full text of resolution, see Resolution Book No. 78, page 633.) Council Member Bestpitch moved the adoption of Resolution No. 40722-121916. The motion was seconded by Council Member Trinkle. Following the City Manager's comments regarding Phase 2 of the Tinker Creek Greenway Trail, Resolution No. 40722-121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#40723-121916) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Tinker Creek Greenway Trail project, amending and reordaining certain sections of the 2016 - 2017 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 634.) 272 Council Member Bestpitch moved the adoption of Budget Ordinance No. 40723- 121916. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was taken.) CITY EMPLOYEES-OCCUPATIONAL HEALTH: The City Manager submitted a written communication recommending execution of Amendment No. 3 to the contract with Wellness for Life Medical, LLC, for operation and management services of the City's Employee Health Clinic. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#40724-121916) A RESOLUTION authorizing the City Manager's execution of Amendment No. 3 to the City's Contract with Wellness for Life Medical, LLC, in an - amount not to exceed a total amount of $793,848.00 for an eighteen-month period beginning on January 1, 2017, for additional work to support the Clinic's wellness technology platform and employee outreach at the request of the City. (For full text of resolution, see Resolution Book No. 78, page 635.) Council Member Trinkle moved the adoption of Resolution No. 40724-121916. The motion was seconded by Council Member Ferris. The City Manager pointed out that the s are designed to increase employee participation in healthy lifestyles activities and should be recognized as anticipated revenue and appropriated to the Human Resources budget. Sherman M. Stovall, Assistant City Manager for Operations, added that the foundation of wellness is offered to the City employees at no cost; and the Human Resources Department provide a vast array of services to employees.  273 ., . Following comments regarding the Wellness and Health Care Management Program that is offered to City employees at no cost, and that the Human Resources also provides a vast array of additional services to employees, Resolution No. 40724- 121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) INSURANCE-CITY EMPLOYEES: The City Manager submitted a written communication recommending appropriation of funds from Health Keeper, Inc., and Anthem Health Plans of Virginia, Inc., d/b/a Anthem Blue Cross Blue Shield, for wellness and health care management programs designed to increase employee participation in healthy lifestyle activities. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#40725-121916) AN ORDINANCE to appropriate funding from Anthem Blue Cross Blue Shield for wellness and health care management programs, amending and reordaining certain sections of the 2016 - 2017 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 636.) Council Member Ferris moved the adoption of Budget Ordinance No. 40725- 121916. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: Non e-O. (Vice-Mayor Price was not present when the vote was recorded.) 274 PURCHASE/SALE OF PROPERTY-ROANOKE HIGHER EDUCATION AUTHORITY: The City Manager submitted a written communication recommending execution of Amendment No. 2 to the Contract for Purchase and Sale of Real Property with Roanoke Higher Education Authority for property located at 209 Henry Street, N. W., to change the project initiation and completion dates. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40726-121916) AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015 ("Contract"), by and between the City of Roanoke, Virginia ("City"), and Roanoke Higher Education Authority ("RHEA"), for real property situated at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2017, and the completion date of the new construction to January 22, 2019, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 40160-012015, adopted on January 20, 2015, and Ordinance No. 40509-051616, adopted on May 16, 2016, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 636.) Council Member Ferris moved the adoption of Ordinance No. 40726-121916. The motion was seconded by Council Member Bestpitch. The Assistant City Manager for Community Development noted that the contract included a provision that construction commence on the addition to the Virginia Western Community College Culinary Arts Facility within 12 months of closing, and completion within 24 months of said closing; adding if construction does not commerce by the required date, the City reserves the right to acquire the property back.  275 Following the Assistant City Manager's comments that given the wide range of timeframes that the various options may take, the Higher Education Authority requests that the contract be further amended to change the project initiation date to be no later than December 21, 2017, with a completion date to be no later than January 22, 2019, Resolution No. 40726-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) PURCHASE/SALE OF PROPERTY-RECREATION: The City Manager submitted a written communication recommending execution of Amendment No. 3 to the Contract for Purchase and Sale of Real Property with Northwest Recreation Club, Inc., for property fronting along Highland Farm Road, N. W., to extend the project completion date. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40727-121916) AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc. ("Contract"), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ("Countryside"), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terms of the Contract; authorizing the City Manager to execute Amendment No. 3 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 638.) Council Member Ferris moved the adoption of Ordinance No. 40727-121916. The motion was seconded by Council Member Bestpitch. 276 The Assistant City Manager for Community Development gave a brief overview regarding the contract with the Northwest Recreation Club, Inc. dated February 18, 2014, which was to include a former tennis facility building, fronting along Highland Farm Road, N. W., and by an agreement dated June 27, 2014, the Club assigned all of its rights and obligations under the Contract to Countryside Sportsplex, Inc., as permitted under the Contract. In closing, Mr. Townsend pointed out that Countryside notified the City on December 8, 2016, of further delays in the completion of renovations to the former tennis facility, citing unanticipated delays in having permanent electrical service provided to the site by Appalachian Electric Power; and therefore, Countryside requests that the contract be further amended to change the project completion date to June 30, 2017. In addition and in response to a comment posed by Council Member Bestpitch regarding the $52,000.00 security amount, Mr. Townsend replied that the security deposit would be paid to the City in whole or in part, if Countryside does not completely and satisfactorily perform the obligations of the Contract. Following comments by the Assistant City Manager for Community Development, Resolution No. 40727-121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) COMMENTS OF CITY MANAGER: The City Manager shared the following comments: Fiscal Year 2017-2018 Budget: • Departments are working on their Budget Offers and must submit them to Management and Budget staff by January 3 • Council Briefings on the budget will be held on the first Mondays monthly through April • The Recommended Budget presentation will be on April 17 • The Budget Public Hearing will be held on April 27 to invite citizen comments • Budget Adoption will occur on May 15  277 Social Media Update: • Roanoke has achieved another milestone on Social Media. Last week, the City hit 170,000 followers for its 53 social media pages combined • Roanoke's main Facebook page leads the way with 75,000 followers • Facebook Live has become a great tool for interaction with our citizens through Social Media • Most recently, the Office of Communications used Facebook Live to share the Christmas Parade at Dickens of a Christmas. The video reached more than 600,000 users and was watched and commented on from all over the world • Communications and Media Coordinator Timothy Martin has been invited to speak at a Social Media Conference in Dallas in April, to share best practices for using Facebook Live DIRECTOR OF FINANCE: BUDGET-BONDS-SCHOOLS: The Director of Finance submitted a written report recommending authorization of intent to reimburse for expenditures from bond proceeds from the 2018 debt issuance, in an amount not to exceed $500,000.00, for the City of Roanoke and Roanoke City Public Schools capital improvement projects; and advance appropriation of funds. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#40728-121 916) AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Fallon Park Elementary project, amending and reordaining certain sections of the 2016 - 2017 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 640.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40728- 121916. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) 278 REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office) Council Member Garland offered the following budget ordinance: (#40729-091916) AN ORDINANCE to appropriate funding from the Federal Government for the Title X Homeless Assistance Program, amending and reordaining certain sections of the 2016 - 2017 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 641.) Council Member Garland moved the adoption of Budget Ordinance No. 40729- 121916. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-6. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CELEBRATIONS-RECREATION: Mayor Lea announced there will be an Open House in the Mayor's Office from 5:00 p.m. to 7:00 p.m.  279 He also announced that the 3rd Annual Lea High School Winter Classic Basketball Challenge will be held on Saturday, January 14, 2017 at the Berglund Center Civic Center Coliseum, which challenge will include the following line-up: 12:00 p.m. William Fleming vs. Hidden Valley (Girls) 2:15p.m. Northside vs. Northwest Guilford 4:00p.m. William Fleming vs. Cave Spring (Boys) 5:30p.m. Patrick Henry vs. North Stanley 7:00p.m. Oak Hill vs. Cape Henry Tickets will be General Admission for $10.00, with a special student ticket at $5.00, and are on sale at the Berglund Center Box Office. Lastly, he encouraged all to support the Roanoke Rail Yard Dawgs Hockey Club. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:20 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, 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 Mayor Lea presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price (arrived late), and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. The Invocation was delivered by Council Member Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. At this point, Vice-Mayor Price entered the meeting (7:03p.m.) 280 PRESENTATION AND ACKNOWLEDGEMENTS: CITIZEN OF THE YEAR: Council Member Bestpitch offered the following resolution recognizing Jamice Rudd as the 2016 Citizen of the Year: (#40730-121916) A RESOLUTION naming and honoring Jamice Rudd as the City of Roanoke 2016 Citizen of the Year. (For full text of resolution, see Resolution Book No. 78, page 642.) Council Member Bestpitch moved the adoption of Resolution No. 40730-121916. The motion was seconded by Vice-Mayor Price. It was noted that commendations were first made to Ms. Rudd by the Mayor at the Harvesting for Fruits Dinner held on Friday, November 11, 2016, at The Jefferson Center. Following positive accolades to Ms. Rudd for her many contributions and services to her neighbors and community to sustain, enhance, and improve the special quality of life in the City of Roanoke, Resolution No. 40730-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. Mayor Lea presented Ms. Rudd with a ceremonial copy of the resolution and a personal plaque recognizing her as the 2016 Citizen of the Year recipient. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for December 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Puppyland, Ltd., to rezone property from 1-1, Light Industrial District, with conditions, to CG, Commercial-General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S. W., designated as Official Tax Map No. 5490307, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. (See publisher's affidavit on file in the City Clerk's Office.)  281 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Franklin Road/Colonial Avenue Neighborhood Plan, and Zoning Ordinance, as the subject property, long vacant, will be used for an active purpose appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40731-121916) AN ORDINANCE to rezone certain property located at 745 Townside Road, S. W., from 1-1, Light Industrial District, to CG, Commercial-General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 644.) Council Member Trinkle moved the adoption of Ordinance No. 40731-121916. The motion was seconded by Council Member Bestpitch. Jonathan D. Puvak, Attorney, appeared before the Council in support of the Petitioner. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Council Member Bestpitch inquired about the trees that had been removed, which had been part of the previous existing proffer; whereupon, the Planning Commission Agent indicated that the former Zoning Ordinance did not provide for the proffer; however, the updated Zoning Ordinance does. There being no additional comments and/or questions by the Council Members, Ordinance No. 40731-121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. 282 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for December 19, 2016, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of Randal Johnson to vacate an approximately 500 square foot semi-circular extension on the west side of an undeveloped 10-foot alley that extends from Connecticut Avenue, N. E., to, and intersecting with, another undeveloped 10-foot alley extending from Plantation Road, N. E., adjacent to only Official Tax Map No. 3040719, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval for the vacation of right-of-way as requested, contingent upon the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the Plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. In coordination with the vacation, the applicant will pay $1000.00 for the vacation of the public's right to use the portion of the subject right-of- way. 2. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the application shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.  283 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40732-121916) AN ORDINANCE permanently vacating, discontinuing and closing an approximately 500 foot semi-circular extension of a public right-of-way on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N. E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N. E., 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. 78, page 506.) Council Member Trinkle moved the adoption of Ordinance No. 40732-121916. The motion was seconded by Council Member Bestpitch. Randal Johnson appeared before the Council in support of the alley closure. 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. 40732-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for December 19, 2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Blue Eagle Credit Union to rezone properties at 1430 and 0 Hershberger Road, N. W., from MX, Mixed-Use District, without conditions, to CG, Commercial-General District, with conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. (See publisher's affidavit on file in the City Clerk's Office.) 284 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance, as the subject property will be used in a manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Garland offered the following ordinance: (#40733-121916) AN ORDINANCE to rezone certain properties located at 1430 Hershberger Road, N. W., and 0 (zero) Hershberger Road, N. W., from MX, Mixed Use District, without conditions, to CG, Commercial-General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 648.) Council Member Garland moved the adoption of Ordinance No. 40733-121916. The motion was seconded by Council Member Bestpitch. Corbin White, Agent, Caldwell White Associates, appeared in support of the Petitioner. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no comments and or questions by the Council Members, Ordinance No. 40733-121916 was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. LEASES-VIRGINIA WESTERN COLLEGE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 19, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to lease to and for Virginia Western College Educational Foundation, Inc., to accept such lease of all that real property located at 709 South Jefferson Street, known as the former Gill Memorial Hospital Building, designated as Official Tax Map No. 1020510, to be operated as an acceleration center, the matter was before the body.  285 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 12, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending that the City Manager be authorized to execute Amendment No. 1 to the Lease Agreement and Services Agreement, respectively, with the Foundation, subject to certain terms and conditions and approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40734-121916) AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to a Lease Agreement and Amendment No. 1 to a Management Services Agreement with Virginia Western Community College Educational Foundation, Inc. ("Foundation"), for the lease of an approximately 0.1671 acre parcel of City-owned property located at 709 South Jefferson Street, S. W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building ("Gill Memorial Property"), designated as Roanoke City Official Tax Map No. 1020510; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 649.) Council Member Ferris moved the adoption of Ordinance No. 40734-121916. The motion was seconded by Bestpitch. 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 remarks by the City Attorney regarding the operation of the Acceleration Program at the former Gill Memorial Hospital Building, and that the Foundation will also serve as sub-landlord and property manager for the Gill Memorial Property, Ordinance No. 40734-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. 286 TOTAL ACTION FOR PROGRESS-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 19, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress (TAP), and TAAP Real Property I, LLC, (TAAP I) for tax exemption on a parcel of real property at 302 2nd Street, S. W., designated as Official Tax Map No. 1011502, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 12, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending exemption from real property taxation for Total Action for Progress and TAAP Real Property I, LLC, related to the Property, effective January 1, 2017, subject to the conditions and requirements as set forth in the proposed Ordinance. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40735-121916) AN ORDINANCE exempting from real estate property taxation certain real property located at 302 2nd Street, S.W., and designated as Roanoke Official Tax Map No. 1011502, owned by TAAP Real Property I, LLC, a Virginia limited liability company {TAAP 1), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non-stock, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 651.) Council Member Trinkle moved the adoption of Ordinance No. 40735-121916. The motion was seconded by Council Member Dykstra. Annette Lewis, President, Total Action for Progress, appeared in support of the tax exemption requests for TAAP I, LLC and TAAP II, LLC, respectively. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed.  287 Following the City Attorney's remarks regarding distinguish between Total Action Against Poverty and the TAAP Real Property I and II, LLC's, respectively for tax exemption status, Ordinance No. 40735-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. TAXES-TOTAL ACTION FOR PROGRESS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 19, 2016 at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of on the request of Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress (TAP), and TAAP Real Property II, LLC, (TAAP II) for tax exemption on a parcel of real property at 2121 Salem Avenue, S. W., designated as Official Tax Map No. 1311221, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 12, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending exemption from real property taxation for Total Action for Progress and TAAP Real Property II, LLC, related to the Property, effective January 1, 2017, subject to the conditions and requirements as set forth in the proposed Ordinance. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40736-121916) AN ORDINANCE exempting from real estate property taxation certain real property located at 2121 Salem Avenue, S.W., and designated as Roanoke Official Tax Map No. 1311221, owned by TAAP Real Property II, LLC, a Virginia limited liability company (TAAP II), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non-stock, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. For full text of ordinance, see Ordinance Book No. 78, page 653.) 288 Council Member Trinkle moved the adoption of Ordinance No. 40736-121916. The motion was seconded by Vice-Mayor Price. 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. 40736-121916 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. HEARING OF CITIZENS UPON PUBLIC MATTER: NONE. CELEBRATIONS-CITY COUNCIL: Mayor Lea wished everyone a happy holiday season and a very prosperous New Year; he announced that the next regular session of City Council will be held on Tuesday, January 3, 2017 at 10:00 a.m., instead of 9:00a.m., in the Council Chamber. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 7:41 p.m. APPROVED ATTEST: -~~-~;~~JV City Clerk