City Council

398 ROANOKE CITY COUNCIL-REGULAR SESSION March 20, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, March 20, 2017, 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 (arrived late), Raphael E. Ferris, John A. Garland, Anita J. Price 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: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Lea declared Wednesday, March 29, 2017 as Vietnam Veterans Day. (See ceremonial copy of proclamation on file in the City Clerk's Office) The Mayor presented a ceremonial copy of the Proclamation to Retired Army Colonial John Miller, representative of Roanoke Valley Vietnam War 50 1h Anniversary Committee. Council Member Bestpitch announced the Laying of the Wreath at the War ...,.,.. Memorial on March 22, 2017 at 12:00 Noon; adding special pins to be given to any Veteran having served in the armed forces between November 1955 -August 1975. -A  399 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. GREENWAYS: Barbara Duerk, 2607 Rosalind Avenue, S.W., appeared before Council in support of the Connection NOW and VDOT Greenways; and shared information regarding upcoming public input meetings on the Roanoke Valley Greenway Plan Update. (See flyer on file in the City Clerk's Office.) VETERANS-NEIGHBORHOOD ORGANIZATIONS: Robert Gravely, 3360 Hershberger Road, N.W., appeared before Council and thanked them for recognizing Vietnam Veterans and encouraged all to attend the Grand Opening of the Peacemakers, Inc. organization located at 514 24th Street, N. W., former Fire Station No. 9 on Wednesday, April 12, 2017 from 10:00 a.m. - 3:00 p.m. (See flyer on file in the City Clerk's Office.) At this point, Council Member Dykstra entered the meeting (2:27p.m.) 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. He called attention to a request from Council Member Trinkle for a Closed Meeting to discuss personnel matters, being the selection process of a City Manager; and City Clerk's performance and management duties, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended. CITY COUNCIL-CITY MANAGER: A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection process of a City Manager, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) 400 Council Member Trinkle moved that Council concur in the request as - ~- abovementioned. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. CITY COUNCIL-CITY CLERK: A communication from Council Member David B. Trinkle, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance and management of the City Clerk's duties, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in the request as abovementioned. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. -- NAYS: None-0. E-911 CENTER-811 CENTER-CITY-OWNED PROPERTY: A communication from the City Attorney requesting that Council schedule a public hearing to be held on Monday, April 17, 2017, at 7:00pm, or as soon as the matter may be reached, on a proposed Agreement regarding the design, development, construction, and operation of a Joint Communications Center by and between the City of Roanoke and Virginia Utility Protection Service, Inc. (VA811 }, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0.  401 PLANNING COMMISSION: A communication from the City Clerk advising of the resignation of Paula Page Williams as a member of the City Planning Commission, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Brenda Allen as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. HUMAN SERVICES: A communication from the Assistant City Manager for Community Development transmitting the 2017 Annual Homeless Winter Point-in-Time Street and Homelessness Survey Report, was before the Council. (See communication and report on file in the City Clerk's Office.) Council Member Trinkle moved that the report be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: Non e-O. 402 ACTS OF ACKNOWLEDGEMENT-TREES: A communication from Dan Lambe, · """ President, Arbor Day Foundation, congratulating the City of Roanoke on its recognition as a Tree City USA community by the Arbor Day Foundation, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that the communication be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-BOARD OF ZONING APPEALS: Report of qualification of Walton I. Rutherfoord as a member of the Board of Zoning Appeals for a term of office ending December 31, 2019, was before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Trinkle moved that the report of qualification be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TAP-ANNUAL REPORTS: Annette Lewis, President, Total Action for Progress, appeared before the Council to present an update of the organization's activities, highlighting the following: • 2015 - 2016/3829 Served in the City of Roanoke • TAP's Special Projects and Partnerships to Support and Improve our Communities "'• • TAP Real Estate Development  403 • Melrose/Loudon/Rugby Partnerships • Bridging the Community Gap • Virginia Tech Research in Collaboration with United Way • Virginia Tech Survey Responses • Conclusion (See copy of presentation on file in the City Clerk's Office.) Following comments by the Council Members commending Ms. Lewis on her guidance and leadership, the Mayor advised that the presentation would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-ENVIRONMENT-BUDGET: The City Manager submitted a written communication recommending appropriation of grant funds from the Environmental Protection Agency's National Clean Diesel Campaign towards the purchase of two propane powered box trucks for use by the Transportation Division. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#40777-032017) AN ORDINANCE appropriating funding from James Madison University for the National Clean Diesel Funding Assistance program funded by the Environmental Protection Agency, 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. 79, page 9.) Council Member Ferris moved the adoption of Budget Ordinance No. 40777- 032017. The motion was seconded by Council Member Trinkle and adopted by the following vote: 404 AYES: Council Members Trinkle, Bestpitch Dykstra, Ferris, Garland, Price, and ... Mayor Lea-7. NAYS: None-0. BUDGET-EMERGENCY MANAGEMENT-GRANTS: The City Manager submitted a written communication recommending acceptance of the FY2016 State Homeland Security Program Grant funds from the Virginia Department of Emergency Management to enhance the current capabilities of the City's Division 6 Heavy Technical Rescue Team, in conjunction with Roanoke County Fire and Rescue and City of Salem Fire-EMS Departments. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40778-032017) A RESOLUTION accepting the FY 2016 State Homeland Security Program 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. 79, page 10.) Council Member Ferris moved the adoption of Resolution No. 40778-032017. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch Dykstra, Ferris, Garland, Price, and Mayor Lea-7. NAYS: None-0. Council Member Ferris offered the following budget ordinance: (#40779-032017) AN ORDINANCE appropriating funding from the State Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for Heavy Technical Rescue (HTR) Team for equipment 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. 79, page 11.)  405 Council Member Ferris moved the adoption of Budget Ordinance No. 40779 -032017. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch Dykstra, Ferris, Garland, Price, and Mayor Lea-7. NAYS: None-0. GREENWAYS-HIGHWAYS: The City Manager submitted a written communication recommending establishment of the Roanoke River "Bridge the Gap" Greenway, Phase II, Aerial Way to Bridge Street as a Revenue Sharing Project by the Commonwealth Transportation Board and Virginia Department of Transportation. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40780-032017) A RESOLUTION requesting the establishment of the Roanoke River "Bridge the Gap" Greenway, Phase II, Aerial Way to Bridge Street, by the Commonwealth Transportation Board ("CTB") and Virginia Department of Transportation ("VDOT"), as a Revenue Sharing Project; and authorizing the City Manager to take certain actions in connection with such project. (For full text of resolution, see Resolution Book No. 79, page 11.) Council Member Ferris moved the adoption of Resolution No. 40780-032017. The motion was seconded by Council Member Trinkle. After the City Manager shared comments regarding the two phases for construction of the greenway that will run through the cities of Roanoke and Salem, Resolution No. 40780-032017 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch Dykstra, Ferris, Garland, Price, and Mayor Lea-7. NAYS: None-0. 406 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 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: (#40781-032017) AN ORDINANCE to appropriate funding from the Commonwealth grants for various educational programs, 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. 79, page 13.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40781-032017. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0. COMMENTS OF CITY MANAGER. The City Manager offered the following comments: St. Patrick's Day Festivities Downtown • We had another successful St. Patrick's Day in Roanoke on March 11, 2017. • An estimated 13,000 people attended the festivities. • Weather was cold (30 degrees at beginning of parade), but DRI reports that downtown businesses did well. Folks watched the parade, then went inside to shops and restaurants, and stayed for activities during the day. • The Celtic Celebration and Shamrock Festival were a big hit, and DRI partnered with the Taubman Museum of Art on the McDonald's Kid's Zone activities. • This event is Roanoke's first festival of the year, and the kickoff to the opening of the Farmers' Market. We are looking forward to warmer weather as more events take place in downtown.  407 Roanoke Recognized for Sealed Trash Compactor System • The city's system of five Sealed Trash Compactors located in the central business district has received further recognition. • A featured article written by Nell Boyle, Sustainability and Outreach Coordinator, is included in the March 2017 edition of the American Public Works Association's APWA Reporter magazine. • A photograph and reference to Roanoke is also displayed on the cover of this edition of the magazine. This is the official magazine of the APWA and reaches its 29,000 members located throughout the United States and Canada. Wreath-Laying Ceremonies to Honor Vietnam Veterans • In commemoration of the Vietnam War 50th Anniversary, Municipal Wreath- Laying Ceremonies will be held in the City of Roanoke, Roanoke County, and the City of Salem at noon on March 29, 2017, which City Council has proclaimed as Vietnam Veterans Day in Roanoke. • Roanoke's event, which will be held in Lee Plaza, will include an honor guard, the singing of the national anthem, the reading of a proclamation honoring Vietnam Veterans Day, presentation of Vietnam Veteran Lapel Pins, and the laying of a wreath to honor Vietnam-era Veterans. • The events are sponsored by the Roanoke Valley Vietnam War 50th Anniversary Commemorative Committee. Southeast Gateway Mural • On March 31, 2017 at 10:00 a.m., the Roanoke Arts Commission and the City of Roanoke will hold a ceremony for the installation and dedication of the Southeast Gateway Mural, located at the intersection of Tazewell Avenue under the Interstate 581 Bridge. • A panel of neighborhood leaders, arts professionals, and Arts Commission members selected Brenda Mauney Council!, an internationally renowned artist, to create the mural. • The Arts Commission worked with the Belmont Neighborhood Association and the Southeast Action Forum to bring this project to fruition. • As part of the project, the artist will visit the Southeast and Belmont neighborhoods to engage the community in "Paint Nights," where local residents under the instruction of the artist may leave their own brushstrokes on the mural. • A total of 18 columns on the north and south sides of Tazewell Avenue will be covered with 36 separate mural panels that will be adhered like wallpaper. The installation will take place from March 22, 2017 to March 30, 2017. Office of Citizen Engagement • Article on Citizen Engagement from Government Technology • Friday, March 17, 2017 was a Big Day on Social Media: o We hit 10,000 followers on our main Twitter page o We hit 80,000 followers on our main Facebook page o We hit 180,000 followers on all of our social media pages combined 408 ,..__ '"\lit • The Roanoke Parks & Recreation Department will be launching a revamped website this week, look for the new design at playroanoke.com. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: NONE. At 2:59 p.m., Mayor Lea declared the Council meeting in recess for a meeting of the Legislative Committee; and thereafter to be reconvened in the Council Chamber. At 4:30 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Lea presiding and all Members of Council in attendance. The New Melrose Library- The Future of Your Community R. Brian Townsend, Assistant City Manager for Community Development, offered a brief update on the proposed renovations for the Melrose Library, highlighting the following items: • Melrose Area Plan • Site Photos • Site Plan • Floor Plan • Branch Library Comparison • Elevations • External View (See copy of schematic drawing on file in the City Clerk's Office.) Following dialogue regarding the City's long term investment with Goodwill, Mayor Lea commented on the stimulus for the neighborhood and community, being a great work on Melrose that will change the dynamics along the corridor. At 4:57 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in the City Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building; and a special meeting of the City Council Personnel Committee in the Council Chamber; and thereafter to be reconvened at 7:00 p.m. in the Council Chamber.  409 At 5:33 p.m., the City Council Personnel Committee meeting was called to order in the Council Chamber, with Council Member David B. Trinkle, Chairman, presiding; and all Members of the Council in attendance. Chairman Trinkle announced that the purpose of the meeting was to receive citizen input on the selection of a new City Manager. He advised that the Council has obtained the services of Colin Baenziger & Associates to oversee the recruitment process. He pointed out that Mr. Baenziger was helpful in the selection of Christopher P. Morrill as the City Manager; and thereafter called upon him remarks. Mr. Baenziger gave a brief overview of the selection process, noting that the recruitment would consist of approximately three months, with a successful candidate being chosen as the next City Manager. Chairman Trinkle pointed out the City will use social media, such as roanokeva.gov/citymanagersearch, citymanager@roanokeva.gov, Facebook, Twitter, and lnstagram, to obtain comments/input from the citizenry as to the type of City Manager they envision for the City of Roanoke. There following citizens appeared before the Council and shared their views as to the City Manager's qualifications: Gordon Potter George Riles Cindy Pasternack David Aldridge Brian McConnell Estelle McCadden Tim Reid John Brill Ben Bristol There being no additional speakers wishing to be held regarding the selection of the City Manager, Chairman Trinkle declared the Personnel Committee adjourned at 5:56p.m. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland, Anita J. Price and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. 410 The Mayor declared the existence of a quorum. The Invocation was delivered by The Reverend Sylvan Moyer, Pastor, Unlimited Power Church. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 210, sponsored by South Roanoke Methodist Church; and Girl Scout Troop 507. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Dykstra moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch Dykstra, Ferris, Garland, Price, and Mayor Lea-7. NAYS: Non e-O. PRESENTATIONS AND ACKNOWLEDGEMENTS: DECEASED PERSONS-SHERIFF-CITY COUNCIL: Council Member Ferris offered a resolution memorializing the late W. Alvin Hudson, Jr., former Council Member and City Sheriff of the City of Roanoke, respectively: (#40782-032017) A RESOLUTION memorializing the late W. Alvin Hudson, Jr., former City Council member and Roanoke native, who had one of the longest public service careers in Roanoke's history. (For full text of resolution, see Resolution Book No. 79, page 14.) Council Member Ferris moved the adoption of Resolution No. 40782-032017. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland, Price and Mayor Lea-7. NAYS: None-0.  411 Following accolades by several Members of Council, Mayor Lea presented a ceremonial copy of Resolution No. 40782-032017 to Mr. Hudson's grandson, Charles Spraker. BOY/GIRLS SCOUTS: Mayor Lea recognized Boy Scout Troop 210 sponsored by South Roanoke Methodist Church led by Scout Master Lucas Snipes; and Girl Scout Troop 507 led by Amy L. Chambers-Maiolo. PUBLIC HEARINGS: STREET AND ALLEYS: Having conducted a public hearing a request of Eric and Patti Mills to vacate, discontinue and close an approximately 960 square foot portion of an alley from ih Street to 8th Street, S. W., north of and parallel to Marshall Avenue, S. W., at its regular meeting on Tuesday, January 17, 2017, and having postponed action until a date certain in order to allow staff to present neighborhood alternatives to the applicants or allow applicants to withdraw and resubmit a new application, the matter was again before the body. Mayor Lea called attention to a communication from Mr. and Mrs. Mills advising of their desire to withdraw the application to close the abovementioned alleyway. (See communication on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the application would be withdrawn and the communication received and filed. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Cherney Development Company, Inc., to rezone properties located at 1001 Williamson Road, S. E., 0 3rd Street, S. E., and 0 Albemarle Avenue, S. E., from D, Downtown District, to 1-1, Light Industrial District, subject to certain proffered conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, February 28, 2017, and Tuesday, March 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.) 412 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, South Jefferson Redevelopment Area Plan, and Zoning Ordinance as the subject property, as conditioned, will be developed and used in a manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Mayor Lea advised that during the February 21, 2017 public hearings, the applicant requested that the matter be remanded to the City Planning Commission, with instructions that the Planning Commission reconsider the request at a new public hearing due to the participation of a Member who had a conflict of interest; and thereafter, Council would then hold its public hearing. He also noted that Council Member Garland disclosed a personal business relationship with the applicant and/or its principals, and refrained from participation in the matter at the February 21 public hearing, adding that a Statement of Conflict of Interest was filed with the City Clerk. At this point, Council Member Garland recused himself and left the Council Chamber. Council Member Trinkle offered the following ordinance: (#40783-032017) AN ORDINANCE to rezone certain properties located at 1001 Williamson Road, S. E, 0 (zero) 3rd Street, S. E., and 0 (zero) Albemarle Avenue, S. E., from D, Downtown District, to 1-1, Light Industrial 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. 79, page 16.) Council Member Trinkle moved the adoption of Ordinance No. 40783-032017. The motion was seconded by Vice-Mayor Price. Maryellen Goodlatte, Attorney, appeared on behalf of the petitioner and spoke in support of the rezoning. She called attention to a letter from Tina L. Workman, President and CEO, Downtown Roanoke, Inc., expressing support and approval of the well-developed rezoning request. (See copy of letter on file in the City Clerk's Office.) James R. Cherney, President, Cherney Development Co., Inc., also appeared and spoke in support of the rezoning request.  413 Mayor Lea inquired if there were persons present who wish to speak on the matter; whereupon, the following persons appeared before the Council and spoke in support of the rezoning: Don Brown, 1253 Gardeners Lane, Montvale, Virginia Seth Walters, 115 Albemarle Avenue, S. W. Douglas Meredith, 102 Albemarle Avenue, S. W. Nicole Harris, 1606 Stewart Avenue, S. E. Richard White, 102 Albemarle Avenue, S. W. William Poe, 1525 West Drive, S. W. Sam Long, 3118 Hubbard Road, S. W. There being no additional speakers, the Mayor declared the public hearing closed. In response to concerns expressed by Council Member Dykstra regarding the interior walls and similar developments, Ms. Goodlatte pointed out that Cherney Development had previous experience relating to warehouse conversion; and that the zoning amendments did not include storage facility in downtown Roanoke. She added that the petitioner has taken into consideration where the boundaries are going to lie. After lengthy dialogue and remarks by several Council Members about the proposed use of the property, Ordinance No. 40783-032017 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price and Mayor Lea-5. NAYS: Council Member Dykstra-1. (Council Member Garland abstained from voting.) At this point, Council Member Garland re-entered the meeting. TAXES-WATER: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 20, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to correct a scrivener's error in Ordinance No. 40389-111615 adopted on November 16, 2015, by the Roanoke City Council, specifically, Section 1 of Ordinance No. 40389-111615 purported to repeal the local water utility tax of twelve percent of the charge made by the sale of water service in the City as set forth in Section 32-171, Code of the City of Roanoke, (1979), as amended, the matter was before the body. 414 Legal advertisements of the public hearing was published in The Roanoke - Times on Friday, March 10, 2017; and The Roanoke Tribune on Thursday, March 16, 2017. (See publishers' affidavits on file in the City Clerk's Office.) The City Attorney submitted a written report recommending that Section 1 of Ordinance No. 40389-111615, retroactively to November 16, 2015, be repealed; and Section 32-171 with respect only to the local water service utility tax, retroactively to November 16, 2015, be adopted. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40784-032017) AN ORDINANCE repealing Section 1 of Ordinance No. 40389- 111615, adopted by City Council on November 16, 2015, retroactively to November 16, 2015; amending and reordaining Article VII. Tax on Purchase of Utility Services, of Chapter 32, Taxation, Code of the City of Roanoke, (1979), as amended, by adopting Section 32-171, Local Water Utility Tax, retroactively to November 16, 2015; 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. 79, page 18.) Council Member Ferris moved the adoption of Ordinance No. 40784-032017. The motion was seconded by Council Member Trinkle. 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. 40784-032017 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 MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate.  415 SOLICITATIONS: Cheryl Dunlap, 5125 Williamson Road, N. W., appeared before Council and spoke about the contentious issue of panhandling and the formation of a hate group against panhandlers; and urged the Council to shift any focus on legislation based on the idea that panhandlers are a nuisance and offensive. (See copy of comments on file in the City Clerk's Office.) ECONOMIC DEVELOPMENTS: The following persons appeared before Council and spoke in opposition to a proposed development of an apartment complex being constructed near the former Shenandoah Life Insurance Building that has been purchased by Carilion Clinic: Steve Perrett, 2214 Ross Lane, S. W. Vickie Sherertz, 1602 Blair Road, S. W. (See copy of petition on file in the City Clerk's Office.) Kathleen Jennings, 1744 Blair Road, S. W. Mimi Young, 1809 Westover Avenue, S. W. (See copy of flyer on file in the City Clerk's Office.) SOLID WASTE: John Brill, 2702 Idlewild Boulevard, N. E., appeared before Council in opposition of the proposed $7.00 Solid Waste Fee to be considered by the Council in connection with the Recommended 2017-2018 Fiscal Year Budget. CITY COUNCIL-CITY MANAGER: As Chair of the City Council Personnel Committee, Council Member Trinkle encouraged the public to use social media to offer suggestions and comments with regard to recruitment of a new City Manager by visiting the City's website at www.roanokeva/citymanagersearch, email citymanagersearch@roanokeva.gov, and those individuals without internet may contact the City Clerk's Office at 540-853-2541. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 8:25 p.m. APPROVED ATTEST: s ephanie M~~~~W ~~~__/~ Sherman P. Lea, Sr. City Clerk Mayor