City Council

307 ROANOKE CITY COUNCIL-REGULAR SESSION January 17, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 17, 2017, at 2:00p.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, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch 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 The Reverend Alexander D. MacPhail, Pastor, Christ Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by students of the Noah Christian Academy. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Lea recognized students from Noah Christian Academy; and each student was presented a City gift. 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. 308 NAACP: Brenda Hale, President, Roanoke Branch NAACP, appeared before the Council and expressed concern with regard to the possible closing of the Washington Park and Fallon Park Pools during the summer of 2017. She referenced an article in The Roanoke Times on Wednesday, January 41h which stated that Washington Park Pool needed approximately $150,000.00 in repairs as well as a cost of $80,000.00 to keep both pools open three days per week for ten weeks. She also thanked Vice-Mayor Price and Council Member Garland for their statements in favor of keeping the pools open for the benefit of youth in two of the City's most economically disadvantaged neighborhoods. She added that the pools were utilized not only by citizens of the immediate area, but by others in different localities as well. Ms. Hale expressed strong concern with a statement referenced in the article by Council Member Ferris which stated that the pools were preeminently on emergency life support and she exclaimed that there were three options available--work to get the pools off life support, do everything possible to sustain them off of life support, or do nothing and watch them die. She offered a solution of CPR "Cash Protection with Revenues or Reserves" and implored the Council to contemplate fully funding and repairing the pools. In response to Ms. Hale's comments, the City Manager advised that fortunately an agency in receipt of CBDG funds would not be able to spend all of the funds on the originally funded programs in the amount of time necessary; and Washington Park because of location may be eligible to receive those funds. He recommended that the Council use those CBDG funds to repair Washington Park Pool and advised that Fallon Park Pool was repaired about five years ago, so currently the issue of the pools could be removed from the table. 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. SOCIAL MEDIA: A communication from the Assistant City Manager for Community Development transmitting the 2016 Office of Communications' Social Media Report, was before the Council. (See communication on file in the City Clerk's Office.)  309 Council Member Trinkle moved that the communication be received and filed. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD-BOARD OF ZONING APPEALS-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS- PARKS AND RECREATION ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Kameron Washington Brown as a member (Alternate Student) of the Youth Services Citizen Board, to replace Malik Morris for a one-year term of office commencing July 1, 2016; Antwyne Calloway as a member of the Board of Zoning Appeals to replace Drew H. Kepley for a three-year term of office commencing January 1, 2017 and December31, 2019; Edward Garner as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a three-year term of office ending December31,2019;and Claude "Sport" Paige as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 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: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 310 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: EQUIPMENT-BUDGET-GRANTS-EMERGENCY MANAGEMENT: The City Manager submitted a written communication recommending acceptance of the State Homeland Security FY16 Grant funds from the Virginia Department of Emergency Management to upgrade the City's hazardous materials monitoring equipment in support of the City of Roanoke HAZMAT Team. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40739-011717) A RESOLUTION accepting the Virginia Department of Emergency Management HAZMAT Grant to the City from the Virginia Department of Emergency Management, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 660.) Council Member Ferris moved the adoption of Resolution No. 40739-011717. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0.  311 Council Member Ferris offered the following budget ordinance: (#40740-011717) AN ORDINANCE appropriating funding from the State Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for hazardous materials emergency responses and training and development, amending and reordaining certain sections of the 2016 - 2017 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 661.) Council Member Ferris moved the adoption of Budget Ordinance No. 40740- 011717. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. EMERGENCY MANAGEMENT-GRANTS: The City Manager submitted a written communication recommending acceptance of the FY2017 -2018 Local Emergency Management Performance Grant from the Virginia Department of Emergency Management to support the emergency management performance. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#40741-011717) A RESOLUTION accepting the FY2017-2018 Local Emergency Management Performance Grant (LEMPG) to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 78, page 662.) Council Member Trinkle moved the adoption of Resolution No. 40741-011717. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 312 PASSENGER RAIL-NORFOLK SOUTHERN RAILWAY-ENCROACHMENTS: The City Manager submitted a written communication recommending approval and authorization of an encroachment permit for Norfolk Southern Railway Company to construct a retaining wall within the public right-of-way located on Norfolk Avenue, S. E. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40742-011717) AN ORDINANCE authorizing one (1) proposed encroachment, for the benefit of Norfolk Southern Railway Company, a Virginia corporation, into the public right-of-way of the City of Roanoke, in connection with the construction, maintenance, repair, renewal, removal and replacement of a portion of a retaining wall on both property of Norfolk Southern Railway Company and public right-of-way of the City of Roanoke, and related to the development of construction, maintenance, repair, renewal, removal and replacement of the nearby City of Roanoke passenger platform, at the following location: on the northerly side of Norfolk Avenue, S.E., near the intersection with Market Street, S.E., Roanoke, Virginia, designated as Official Tax Map No. 9999999, and the area covered being depicted on that drawing designated as Exhibit A, and attached to this Ordinance; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 663.) Council Member Bestpitch moved the adoption of Ordinance No. 407 42-011717. The motion was seconded by Council Member Trinkle. With regard to the construction of a retaining wall within the public right-of-way located at Norfolk Avenue, S. E., the City Manager gave an update, noting that Norfolk Southern has to extend the track to the south into the downtown in order to connect to the platform and the State recently provided additional funding needed to fully fund the platform, which will be owned by Norfolk Southern Railroad. Following comments by Council Member Bestpitch regarding the platform, Ordinance No. 407 42-011717 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0.  313 SPECIAL PERMITS-EQUIPMENT: The City Manager submitted a written communication recommending execution of a Temporary, Nonexclusive, and Revocable License Agreement with Lumos Networks, Inc., to construct, maintain and operate telecommunications facilities in, over, under and across portions of the City's public right-of-ways. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40743-011717) AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Lumos Networks Inc., that allows the construction, maintenance, and operation of a telecommunications facility in, over, under, and across the City's rights-of-ways in order to provide telecommunications services within the City; authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement; and dispensing with the second reading of this ordinance by title (For full text of ordinance, see Ordinance Book No. 78, page 667.) Council Member Trinkle moved the adoption of Ordinance No. 40743-011717. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. ECONOMIC DEVELOPMENT-VIRGINIA TECH FOUNDATION-BONDS: The City Manager submitted a written communication recommending approval of the issuance of bonds by the Economic Development Authority of Montgomery County, Virginia, to finance or refinance costs associated with certain facilities benefitting the Virginia Tech Foundation, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40744-011717) A RESOLUTION of the Council of the City of Roanoke, Virginia regarding the approval of Issuance of Bonds by the Economic Development Authority of Montgomery County, Virginia, for the benefit of Virginia Tech Foundation, Inc. (For full text of resolution, see Resolution Book No. 78, page 668.) 314 Council Member Ferris moved the adoption of Resolution No. 40744-011717. The motion was seconded by Council Member Dykstra. Following a detailed explanation for approval by the Council of the issuance of bonds by the Economic Development Authority of Montgomery County, Resolution No. 40744-011717 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Guns N' Hoses Hockey Game • Guns and Hoses is an annual charity ice hockey tournament, with proceeds going to the Muscular Dystrophy Association, which is the official charity of the International Association of Firefighters. ...._ • Each year, Roanoke-area firefighters (the "Hoses") take on a team of local Roanoke-area police officers and law enforcement personnel (the "Guns"). • During the last 13 years, these games have raised more $250,000.00 for the MDA, and more than 56,000 people have attended. • The game will take place Saturday, January 21, 2017. • Berglund Center, 6:00 p.m. • Tickets are available at www.gunsandhoseshockey.com Citizens' Planning Academy • A new offshoot of Roanoke's successful Leadership College - the Citizens' Planning Academy - is currently accepting registrations for the upcoming program beginning early this spring. • Citizens who have completed Leadership College will find this a valuable enhancement to their understanding of city government. • Sessions will include discussions about how city planning helps to shape our community, and the importance of the planning process. • The academy is scheduled to begin on Tuesday, March 7, 2017 and continue on each consecutive Tuesday evening through April 4, 2017 at the Grandin CoLa b. • There is no cost to participate but registration to attend one or more of the sessions are required. ,.,.,.., • For more information, contact the Office of Neighborhood Services at 540 -853-5210 or by email at neighborhoods@roanokeva.gov.  315 Solid Waste Collection Schedule Changes • Because city offices were closed on Monday, January 16, 2017 for the Martin Luther King Jr. Holiday, solid waste collection for this week has changed. • As a result, collection of trash, bulk, brush, and "B" week recycling will be delayed by one day. • The Central Business District will be worked on schedule. • If you have questions, please call 853-2000, and select Option 1. 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 Trinkle offered the following budget ordinance: (#40745-011717) AN ORDINANCE to appropriate funding from Federal and Commonwealth grants, 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 671.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40745- 011717. The motion was seconded by Council Member Dykstra and adopted by the following vote: A YES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. UNFINISHED BUSINESS: BUDGET-GRANTS-ENTERPRISE ZONES: Having continued the matter from the January 3, 2017, Council meeting with regard to appropriating funding from Capital Projects Contingency to the Facade Grants and Enterprise Zone Permit and Development Fee Rebates Projects, due to an incorrect funding sources being noted, the matter was again before the body. 316 Council Member Trinkle moved that the original budget ordinance previously read into the record be amended. The motion was seconded by Council Member Dykstra and unanimously adopted. Council Member Trinkle offered the following budget ordinance, as amended: (#407 46-011717) AN ORDINANCE to appropriate funding from Capital Projects Contingency to the Fa<;ade Grants and Enterprise Zone Permit and Development Fee Rebates Projects, 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 673.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40746- 011717, as amended. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: LEGISLATION: In connection with the enactment of House Bill 2108 to impose regulatory barriers that will impede the creation, development, expansion, or sustainability of Roanoke Valley Broadband Authority, Council Member Ferris advised that he, along with other elected and City Officials, would be in Richmond on January 18, 2017, to speak with legislators about broadband and board of zoning appeals amendments and lien processes, and again in Richmond for Virginia Municipal League Day at the Capital to discuss HB21 08 that may be introduced for passage. At the conclusion of his remarks, he urged the Council to adopt the proposed resolution opposing House Bill 2108. For clarification purpose, the City Attorney explained that proposed resolution had been revised previously to correct some of the language as set forth in the measure.  317 Council Member Ferris moved that the proposed resolution, as amended, be read into the record. The motion was seconded by Council Member Bestpitch and unanimously adopted. Council Member Ferris offered the following resolution urging the General Assembly and the Governor to oppose enactment of HB 2108: (#40747-011717) A RESOLUTION urging the General Assembly and Governor to reaffirm their commitment to expansion of high speed quality internet service to all regions of the Commonwealth of Virginia to ensure a stronger and more stable economy and quality of life by opposing HB 2108 or any other effort to undermine the creation, development, and expansion of regional or municipal broadband authorities created under the Virginia Wireless Services Act or other sections of the Code of Virginia. (For full text of resolution, see Resolution Book No. 78, page 673.) Council Member Ferris moved the adoption of Resolution No. 40747-011717, as amended. The motion was seconded by Council Member Bestpitch and adopted by the following vote: A YES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: FAIRNESS MARKETPLACE ACT: Mayor Lea announced his attendance at the U. S. Conference of Mayors Winter Conference in Washington, D.C., on Wednesday, January 18, 2017 at the Washington Capital Hilton Hotel to speak about the Fairness Marketplace Act. BROADBAND: Council Member Ferris announced that he, along with several Council Members and the City Attorney will be in Richmond on Wednesday, January 18, 2017 to meet with State legislators to discuss matters relating to broadband, Board of Zoning Appeals and lien processes, etc. 318 VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:07 p.m., Mayor Lea declared the Council meeting in recess 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 Sherman P. Lea, Sr., presiding. PRESENT: Council Members Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Vice-Mayor Anita J. Price, David B. Trinkle, William D. Bestpitch and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Tim H. Dayton, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scout Pack 17, St. John's Episcopal Church. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mayor Lea recognized Wade Whitehead, a 51h Grade Teacher, Crystal Spring Elementary School, who was inducted as part of the National Teachers Hall of Fame Class of 2016, along with four other teachers from Idaho, Georgia, Texas, and Michigan. Following remarks by Mr. Whitehead, Mayor Lea presented him with a City gift.  319 PUBLIC HEARINGS: STREET AND ALLEYS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 17, 2017 at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Eric and Patti Mills to vacate an approximately 960 square foot portion of an alley that extends from ih Street to 81h Street, S. W., just north of and parallel to Marshall Avenue, S. W., with the portion to be vacated sited between and adjacent to the entirety of Official Tax Map Nos. 1113218 and 1113219, and a portion of Official Tax Map No. 1113209, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 27, 2016 and Tuesday, January 3, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report advising the Commission weighed the work that had occurred on the property, the development pattern and use of the alley in the immediate area, and policy from the comprehensive and neighborhood plans; however, the motion to approve the vacation of the right-of- way failed. It was further reported prior to its vote on the motion, the Commission amended its motion to include the following conditions, which should be included if City Council approves the request: 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 $1,696.00 for the vacation of the public's right to use the portion of the subject right-of-way. 320 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. 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.) Tom Sorrano, Owner, The Sorrano Group, appeared before Council on behalf of the Petitioners, stating that the Commission evaluated the work that occurred on the property, the development pattern and use of the alley in the immediate area; and a motion to approve the vacation of the right-of-way failed by a 0-6 vote. Mr. Sorrano asserted that this particular house is an exception to the rule due to the area is zoned downtown and mixed use, whereby most homes were originally historic and currently converted into commercial space; and he indicated that the alley is an eyesore and does not have apparent value to the City or utility companies, and felt that the petitioners would provide upkeep to improve the appearance and maintain the integrity and historic preservation of their property. Vice-Mayor Price offered the following Ordinance: "AN ORDINANCE permanently vacating, discontinuing and closing an approximately 960 square foot portion of an alley that extends from ih Street, S.W., to ath Street, S.W., north of and parallel to Marshall Avenue, S.W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title." Vice-Mayor Price moved the adoption of the ordinance. The motion was seconded by Council Member Trinkle.  321 The Mayor inquired if there were persons present that wished to speak on the matter. Douglas Turner 545 Highland Avenue, S.W., appeared before the Council and spoke in opposition of the request, urging the Council to uphold the Planning Commission's decision. James Haynes 526 Marshall Avenue, S.W., appeared before the Council in support of the request to vacate the alley. He referenced a communication from Tim Taylor, Vice-President, the Old Southwest, Inc., noting support of the request. There being no further speakers, Mayor Lea declared the public hearing closed. Wayne Leftwich, Senior City Planner, explained that there were three issues relating to the alleyway vacation: 1) the Old Southwest Neighborhood Plan speaks to the fabric of the neighborhood, and the alleys that are a part of the original grid-street pattern should be preserved; 2) this alley vacation would create a dead-end alley; and 3) received comments from surrounding property owners Tammi Britt and Douglas Turner who were opposed to the alley vacation, and Marcy Ryan who was in support of the request. In addition, Mr. Leftwich stated that due to two of the five residences and three of the six property owners adjacent to the alley on Marshall Avenue, S. W., being in opposition, it was difficult to support the request; and therefore, staff recommended that the Planning Commission deny the application. Council Member Bestpitch expressed concern about the retaining wall contributing to the water runoff. Mr. Leftwich mentioned that if the application is not approved, the retaining wall can be repaired by the City, which will fix the runoff problem in lieu of closing and vacating the alley at the petitioners' expense. Following continued discussion, Council Member Trinkle was inclined to support the request to vacate the alley and asked if it was possible to remand the matter back to the Planning Commission to investigate repairs and restructure the alley, as well as what could be mutually agreeable with all parties for a win - win outcome. The City Attorney opined that if the matter was remanded, the process would have to start over, whereby public hearings would be conducted by the Planning Commission and City Council. 322 As discussion ensued, the City Attorney alluded that the mater could be postponed to a definite date certain to allow a possible resolution to be reached or the petitioners could withdraw the application and file a new application. After extensive dialogue regarding the matter, Council Member Trinkle moved that the matter be postponed definitely until March 20, 2017 at 7:00 p.m., to allow staff to present neighborhood alternatives to the applicants or allow applicants to withdraw and submit a new application. The motion was seconded by Council Member Bestpitch and unanimously adopted. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 17, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to propose amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting Section 36.2-333, Floodplain Overlay District, and Section 36.2-411, Gasoline stations, to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's Zoning Ordinance consistent with State Code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 27, 2016, and Tuesday, January 3, 2016. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the proposed amendments to Section 36.2-333, Floodplain Overlay District, and Section 36.2-411, Gasoline stations, Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40748-011717) AN ORDINANCE amending and reordaining Section 36.2-333, Floodplain Overlay District (F); and Section 36.2-411, Gasoline stations; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 676.)  323 Council Member Bestpitch moved the adoption of Ordinance No. 407 48-011717. The motion was seconded by Council Member Trinkle. lan Shaw, Agent, appeared before the Council in connection with the Code amendment. The Mayor inquired if there were persons present wishing 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. 40748-011717 was adopted by the following vote: AYES: Council Members Dykstra, Ferris, Garland, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. SOLID WASTE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 17, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive public comments on the City's proposed Solid Waste Management Plan, the matter was before body. (See copy of Plan on file in the City Clerk's Office.) Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, January 5, 2017, and Thursday, January 12, 2017. (See publisher's affidavit on file in the City Clerk's Office.) Skip Decker, Solid Waste Manager, appeared before the Council in support of the Plan. 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 Council Member Bestpitch to the Solid Waste Division on its hard work and tireless efforts, Mayor Lea noted the remarks would be received and filed. HEARING OF CITIZEN UPON PUBLIC MATTER: NONE. 324 There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 8:26 p.m. APPROVED ATTEST: ,. ~-MCXM ~~Q~ tephanie M. Moon Re~:. {,~~ --'C Sherman P. Lea, Sr. City Clerk Mayor ..