City Council

577 ROANOKE CITY COUNCIL-REGULAR SESSION June 19, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, June 19, 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, Raphael E. Ferris, John A. Garland and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Acting City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Cecelia F. McCoy, Deputy City Clerk. The Invocation was delivered by The Reverend Dwight 0. Steele, Sr., Pastor, Pilgrim Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-AWARDS: Mayor Lea announced that the City of Roanoke was selected as a 2017 All-America City for the seventh time; one of just 15 communities nationwide to receive the award from the Campaign for Grade- Level Reading and National Civic League in Denver, Colorado. He stated that Roanoke was recognized for its civic engagement to help more young children from low-income families achieve grade-level reading proficiency and early school success. Mayor Lea recognized the following members of Roanoke's team that accompany him to accept the award on behalf of the City: Roanoke City Schools Superintendent Rita D. Bishop, Acting City Manager R. Brian Townsend, Roanoke Symphony Orchestra Music Director and Conductor David Stewart Wiley, and City Librarian Sheila Umberger and library staff members. 578 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. TAXES: Frank G. Monsour, 3509 Birchwood Avenue, N. E., appeared before the Council regarding vehicle tax relief for senior citizens. He read a portion of a letter from the Department of Veterans Affairs dated March 23, 2015. He stated that he had been paying personal property taxes for the past two years, and was concerned about reimbursement of these taxes due to him being a veteran. For clarification, Council Member Ferris asked Mr. Monsour was it his request that the City consider his service related Veterans disability in determining whether or not he was entitled to a tax break on his personal property and/or vehicle taxes; and he was unclear if such a vehicle tax break exist; whereupon, Mr. Monsour answered in the affirmative. The City Attorney opined that the Council did have authority and reminded them that this issue was presented a few years ago as a preliminary request; and under State Code each locality has the authority to grant an exemption for disabled veterans, either at 100% or partial exemption. When reviewing the issue a few years ago, Laura Carini, Assistant City Attorney, provided a thorough report of localities within the Commonwealth who did provide vehicle tax relief and the level provided; wherein, we did not know the impact on City revenue because we could not quantify how many people would apply for the tax relief. He reported that when the matter was deliberated two years ago in May 2015 with the Commissioner of the Revenue, there was a concern that a tax relief could be a significant amount and he would be glad to work with the Commissioner of the Revenue and City Treasurer to assess the impact; and the City Council may adopt an exemption, either an entire or partial exemption. Council Member Ferris asked could the matter be discussed during the Council Retreat, when discussing long-range planning, noting this would give the Commissioner of the Revenue time to provide an educated estimate of the impact; whereby, the City Attorney replied that it could be a fairly significant impact because there is no property tax benefit to disabled and elderly citizens and suggested that the Commissioner of the Revenue could perhaps provide a solid estimate of the impact. In closing, Mr. Callaghan will work with the Commissioner of the Revenue, City Treasurer, and the City Manager's Office to provide information. The matter was referred to the Acting City Manager. ~""'  579 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. The Mayor called attention to three requests for Council to convene in a Closed Meeting, being two requests of Council Member Trinkle, Chair, City Council Personnel Committee, to discuss a personnel matter, being the annual performance of the Council-appointed officers; and being the selection of a City Manager, respectively, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended; and a request of the City Attorney for consultation with legal counsel pertaining to actual or probable litigation, where such consultation and briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2- 3711 (A)(?), Code of Virginia (1950), as amended. CITY COUNCIL: 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 annual performance of the Council-Appointed Officers, 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 Ferris moved that Council concur in the request of Council Member Trinkle as abovementioned. 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 absent.) 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 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.) 580 Council Member Ferris moved that Council concur in the request of Council - Member Trinkle 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 absent.) CITY COUNCIL-CITY ATTORNEY: A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel pertaining to actual or probable litigation, where such consultation and briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2- 3711(A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Attorney 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 absent.) OATHS OF OFFICE-PARKS AND RECREATION ADVISORY BOARD- DEFINED CONTRIBUTION BOARD-ROANOKE VALLEY GREENWAY COMMISSION- ROANOKE REGIONAL AIRPORT COMMISSION: Reports of qualification of the following individuals were before the Council: Lauren E. Hartman as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2020; Amelia C. Merchant as the City Manager's designee member of the Defined Contribution Board for a four-year term of office ending June 30, 2021;  581 John Francis as a City representative of the Roanoke Valley Greenway Commission for a three-year term of office, beginning July 1, 2017 and ending June 30, 2020; Chris Bryant as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2020; and John R. Clements as a City representative of the Roanoke Regional Airport Commission for a four-year term of office ending March 9, 2021. (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 absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF ACTING CITY MANAGER: ACTING CITY MANAGER: BRIEFINGS: NONE. 582 ITEMS RECOMMENDED FOR ACTION: BUDGET-PARKS AND RECREATION-SCHOOLS: The Acting City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Health in order for the Parks and Recreation Department to establish a MEND 7-13 Program at Fallon Park and Westside Elementary Schools that empowers 7- 13 olds to reach and maintain a healthy weight. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40849-061917) A RESOLUTION accepting a grant to the City of Roanoke from the Virginia Department of Health ("VDH"); authorizing the City Manager to execute any documents necessary to receive such grant, including a Memorandum of Understanding with VDH, in order for the City of Roanoke Parks & Recreation Department to establish a MEND 713 program at Fallon Park and Westside Elementary Schools; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such grant funds. (For full text of resolution, see Resolution Book No. 79, page 159.) - Council Member Ferris moved the adoption of Resolution No. 40849-061917. 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 absent.) Council Member Ferris offered the following budget ordinance: (#40850-061917) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Health for the MEND 7-13 healthy lifestyle program, amending and reordaining certain sections of the 2017 - 2018 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 160.)  583 Council Member Ferris moved the adoption of Budget Ordinance No. 40850- 061917. 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 absent.) BUDGET-LIBRARIES-TECHNOLOGY: The Acting City Manager submitted a written communication recommending appropriation of Fiscal Year 2017 library consortium revenues for the SIRSI computer system, which allows customers to locate and check out library materials in the Roanoke Valley. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#40851-061917) AN ORDINANCE to appropriate funds from Roanoke County, Botetourt County and the City of Salem for the Roanoke Area Library Consortium's computer system, amending and re-ordaining 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. 79, page 161.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40851- 061917. The motion was seconded by Council Member Ferris. The Acting City Manager explained the request was to accept funds that the Roanoke County area library has paid the City to manage the Roanoke Area Library Consortium's computer system that supports the online book catalog for customers, the circulation check out system, and the MARC computer coded database with 11.4 million records of books and materials which allows customers to locate and check out library materials in the Roanoke Valley. He concluded that the Roanoke Area Library Consortium includes the City of Roanoke, the City of Salem, Roanoke County and Botetourt County that was established in 1988, and this system-wide collaboration is highly cost effective and provides outstanding resources and services through a uniform patron card and access to materials for citizens at all four library systems. 584 There being no additional questions and/or comments by the Council Members, Budget Ordinance No. 40851-061917 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 absent.) BUDGET-PARKING GARAGES: The Acting City Manager submitted a written communication recommending appropriation of funds from the Parking Fund Retained Earnings for preventative maintenance repairs in the Campbell, Church Avenue, Gainsboro, Center in the Square, Tower and Elmwood Park Garages and needed surveillance capabilities to enhance the safety and security in all of the PARK Roanoke parking garages. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#40852-061917) AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings to Structural & Preventative Repairs and Surveillance Systems for Parking Garages for repair and capital projects, amending and reordaining certain sections of the 2016 - 2017 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 162.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40852- 061917. The motion was seconded by Council Member Ferris 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 absent.)  585 BUDGET-LAW ENFORCEMENT-PUBLIC SAFETY: The Acting City Manager submitted a written communication recommending appropriation of funds in connection with the Fiscal Year 2017 revenue and expenditure budget adjustments. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#40853-061917) AN ORDINANCE to increase the Roanoke Public Safety (Sheriff) Personal Services and Operating Expenditures, Off-Duty Earnings (Police), and Budget Contingency expenditures and to increase revenue budget estimates for the Cost Allocation Plan, Derecho (Federal Emergency Management Agency), Off-Duty Billings (Police), Bureau of Prisons, Housing of Prisoners- Other Localities, and Inmate Phone Commissions revenue, 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. 79, page 162.) Council Member Ferris moved the adoption of Budget Ordinance No. 40853- 061917. The motion was seconded by Council Member Dykstra. Council Member Dykstra asked for an overview of the matter; whereupon, Sherman Stovall, Assistant City Manager for Operations advised that it included revenue adjustments for the portion of a reimbursement from the Commonwealth of Virginia and reimbursement for expenses incurred associated with storms several years ago. He noted that the process of getting reimbursement from FEMA through the State was lengthy and the remaining portion of the reimbursement was for services provided by the police and sheriff's departments for off duty services. He further advised that since it trended higher than allocated in the adopted budget, the revenue adjustment aligned the anticipated revenue with the anticipated expenditures. Following an explanation regarding the adjustments to the FY2016-2017 budget to align certain revenues with expenditures, Ordinance No. 40853-061917 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 absent.) 586 SALE-PURCHASE OF PROPERTY-STORMWATER DRAINAGE: The Acting City Manager submitted a written communication recommending acquisition of real property rights for the Heatherton Road Stormwater Drainage Improvement Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40854-061917) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Heatherton Road Stormwater Drainage Improvements Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 164.) Council Member Bestpitch moved the adoption of Ordinance No. 40854-061917. The motion was seconded by Council Member Ferris and adopted by the following vote: Lea-6. AYES: Council Members Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor - NAYS: None-0. (Vice-Mayor Price was absent.) CITY CODE-FIRE-EMS: The Acting City Manager submitted a written communication recommending amendment of Section 12-2 of the City Code regarding changes to the age and residency requirements for firefighters/emergency medical technicians and firefighters/paramedics. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40855-061917) AN ORDINANCE amending and reordaining Chapter 12, Fire Prevention, Article I, In General, Section 12-2, Qualifications of members of fire/EMS department, of the Code of the City of Roanoke (1979), as amended, to remove the citizenship requirement and changing the age requirement from twenty-one (21) to eighteen (18) years of age; 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 165.)  587 Council Member Bestpitch moved the adoption of Ordinance No. 40855-061917. The motion was seconded by Council Member Dykstra. Council Member Dykstra commented that the age shifting down to 18 would be great, especially regarding employment opportunities, adding she hopes throughout that outside agencies will make a concerted effort to capture the attention of the City's youth. There being no additional comments and/or questions by the Council Members, Ordinance No. 40855-061917 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 absent.) CITY CODE-POLICE-ON-STREET PARKING: The Acting City Manager submitted a written communication recommending amendment of the City Code to provide for installation, regulation and operation and use of on-street parking meters within the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Dykstra offered the following ordinance: (#40856-061917) AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, Division 1, Generally, and Division 3, Duties of Police Officers; Penalties for Unlawful Parking, of Article IV, Stopping, Standing and Parking, of the Code of the City of Roanoke (1979), as amended; adding a new Division 7, Parking Meters, to Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping, Standing and Parking, of the Code of the City of Roanoke (1979), as amended, to provide for the installation and placing of on-street parking meters or multi-space parking meters within the city and the regulation, control, operation, and use of such meters; 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 166.) 588 Council Member Dykstra moved the adoption of Ordinance No. 40856-061917. 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 absent.) Council Member Ferris offered the following ordinance: (#40857-061917) AN ORDINANCE providing for the rates to be charged for the City-owned parking meters in Meter Zone A, Meter Zone B, and Meter Zone C, in the City of Roanoke; authorizing the City Manager to issue guidelines to implement, administer, and enforce such rates; establishing an effective date; and dispensing with the second reading of this Ordinance by title. (For full text of resolution, see Ordinance Book No. 79, page 178.) Council Member Ferris moved the adoption of Ordinance No. 40857-061917. The motion was seconded by Council Member Dykstra. Following comment by Council Member Ferris that a briefing on the matter had been conducted in June with a detailed discussion and review of the reports, Ordinance No. 40857-061917 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 absent.) Council Member Ferris offered the following resolution: (#40858-061917) A RESOLUTION directing amendment of the Fee Compendium; and establishing an effective date. (For full text of resolution, see Resolution Book No. 79, page 179.)  589 Council Member Ferris moved the adoption of Resolution No. 40858-061917. 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 absent.) BERGLUND CENTER CIVIC CENTER: The Acting City Manager submitted a written communication recommending execution of Amendment No. 1 to the Berglund Center Management Agreement with Global Spectrum, LP, to include the provision of food and beverage services. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40859-061917) AN ORDINANCE authorizing the City Manager to execute proposed Amendment No. 1 to the Management Agreement dated January 1, 2014, between the City of Roanoke, Virginia ("City"), and Global Spectrum L.P. ("Global") including the proposed Rider to the Management Agreement; authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 1, including the proposed Rider to the Management Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 181.) Council Member Ferris moved the adoption of Ordinance No. 40859-061917. The motion was seconded by Council Member Trinkle. 590 In response to inquiry from Council Member Trinkle for an overview of the matter, Sherman Stovall, Assistant City Manager for Operations advised that the food and beverage service at the Civic Center was considered to be a separate business activity, and back in 2007, the City made the decision to contract for the management of the provision of food and beverage service with a contract under a 10-year franchise agreement which expires at the end of June. He noted that there will be a single contract for the management of the facility and the provision of food and beverage service so that both services will expire at the end of December 2018, at which point the City could either go back out for the provision of services via another RFP, extend the existing contract for another 5-year period, or opt to bring both the management of the venue and the provision of food and beverages back in house with its own resources with the option of using a third party service. Following the detailed explanation by the Acting City Manager, Ordinance No. 40859-061917 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 absent.) CAPITAL IMPROVEMENTS PROGRAM: The Acting City Manager submitted a written communication recommending adoption of a resolution to repeal Resolution No. 40822-051517, adopted by the Council on May 15, 2017, to correct two errors regarding the Capital Improvement Program for Fiscal Years 2018 - 2022; and to endorse a revised update to the Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40860-061917) A RESOLUTION repealing Resolution No. 40822-051517, adopted May 15, 2017; and endorsing the update to the City's Five-Year Capital Improvement Program submitted by the Acting City Manager in the City Council Agenda report dated June 19, 2017. (For full text of resolution, see Resolution Book No. 79, page 182.)  591 Council Member Ferris moved the adoption of Resolution No. 40860-061917. 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 absent.) CARILlON-RECREATION: The Acting City Manager submitted a written communication recommending execution of an agreement between the City of Roanoke and Carilion Property Management, Inc., to allow use of parking spaces along the fence on Evans Mill Road, S. W., as a shuttle drop-off point; and to indemnify and hold Carilion harmless from any and all liabilities arising out of the use of its facilities in connection with the Annual Fireworks Show at River's Edge Sports Complex on Tuesday, July 4, 2017. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40861-061917) A RESOLUTION authorizing execution of an Agreement with Carilion Property Management, Inc., in connection with the use of the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road during the 2017 annual fireworks show. (For full text of resolution, see Resolution Book No. 79, page 184.) Council Member Bestpitch moved the adoption of Resolution No. 40861-061917. The motion was seconded by Council Member Dykstra. 592 Inasmuch as his employer, Carilion Medical Center, is affiliated with Carilion Property Management, Inc.; Council Member Trinkle noted he has no role in the agreement and do not participate in any decision-making processes on behalf of his employer. He read the following statement into record: "STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in Agenda Item 7. A. 10 of the City Council Agenda for June 19, 2017, regarding an agreement between Carilion Property Management, Inc. and the City, because Carilion Property Management, Inc. is affiliated with my employer, Carilion Medical Center. I have no role in this proposed agreement and do not participate in any decision-making processes in this agreement for my employer. Therefore, pursuant to Virginia Code Sections 2.2-3110 A.4 and 2.2-3112 A.1, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 191h day of June, 2017. S/David B. Trinkle David B. Trinkle, Member of Council" There being no additional comments and/or questions by the Council Members, Resolution No. 40861-061917 and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Price was absent and Council Member Trinkle abstained from voting.) PURCHASE/SALE OF PROPTERY-RECREATION: The Acting City Manager submitted a written communication recommending execution of Amendment No. 4 to the Contract for Purchase and Sale of Real Property dated February 28, 2014, between the City of Roanoke and Northwest Recreation Club, Inc., to extend the project completion date to July 31, 2017, due to additional time required by Appalachian Power to provide permanent electrical service to the site; and weather related delays in the installation of asphalt paving for handicap sidewalk access to the building. (For full text, see communication on file in the City Clerk's Office.)  593 Council Member Bestpitch offered the following ordinance: (#40862-061917) 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. 4 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. 79, page 185.) Council Member Bestpitch moved the adoption of Ordinance No. 40862-061917. The motion was seconded by Council Member Ferris 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 absent.) COMMENTS OF ACTING CITY MANAGER: The Acting City Manager offered the following comments: July4 • Independence Day Holiday- Municipal offices will be closed • Roanoke Fireworks on the Fourth o River's Edge Sports Complex, 7:00p.m. to 10:00 p.m. o "Winds of the Blue Ridge" will perform until 8:30 p.m., followed by music from 94.9 Star County leading up to the fireworks. o This year, the city is unable to run shuttle buses from downtown due to the Franklin Road Bridge Replacement project. o However, shuttle buses will run from the Virginia Western Community College parking lot. o If there is inclement weather on July 4, the fireworks will be rescheduled for the following day, July 5, at the same time. o More information is available at www.playroanoke.com/fireworks 594 Reminders: "Book-Rich Environments" Launch • Friday, June 23, 10:00 a.m. • Melrose Branch Library in Horton Park • Rain location will be the Goodwill Jobs Campus, located at 2502 Melrose Avenue, Suite C. Deschutes Brewery Street Pub • Saturday, July 15 • Elmwood Park • 2:00 p.m. -10:00 p.m. Budweiser Summer Series - "Flo Rida" • Sunday, July 16 • Elmwood Park Amphitheater • Gates open at 6:00p.m.; Show starts at 7:00p.m. Additional Information: The City recently switched to having City Council meetings live-streamed on Facebook. Currently, there were more than 2,000 viewers watching the Council meeting on Facebook, which far exceeds expectations. The Acting City Manager introduced Andrew McCray, a summer intern working in City Manager's Office, noting that Andrew has a degree in Civil Engineering from Virginia Tech and is pursuing a Master's Degree in Urban Planning at Virginia Tech; and will be working on projects related to community development. MUNICIPAL AUDITOR: CITY CODE-TAXATION: The Municipal Auditor submitted a report recommending amendment of the City Code to transfer local tax trust administration from the Department of Finance to the Commissioner of the Revenue and Treasurer to facilitate the City's implementation of a centralized tax, billing and cashiering system. (For full text, see report on file in the City Clerk's Office.)  595 Council Member Bestpitch offered the following ordinance: (#40863-061917) AN ORDINANCE amending and ordaining Chapter 32, Taxation, Article X, Transient Occupancy Tax, Section 32-243, Report and remittance, Section 32-244, Failure to collect, report or remit, Section 32-245, Records to be kept, Section 32-247.1, Penalty for late remittance or false return, Section 32-248, Powers and duties of director of finance under article, of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the transient occupancy tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the transient occupancy tax from the director of finance to the city treasurer; repealing Section 32-249, Monitoring Tax Payments; 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 187.) Council Member Bestpitch moved the adoption of Ordinance No. 40863-061917. The motion was seconded by Council Member Ferris. Council Member Bestpitch acknowledged the work of the Municipal Auditor, Director of Finance, Commissioner of the Revenue, City Treasurer and staff members who were involved in the implementation of a central cashiering system. Council Member Ferris commented that the idea was to enhance customer service and to make the systems all work together to increase the level of satisfaction of the customers. There being no additional comments by the Council Members, Ordinance No. 40863-061917 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 absent.) 596 Council Member Bestpitch offered the following ordinance: (#40864-061917) AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article VII, Tax on Purchase of Utility Services, of the Code of the City of Roanoke, (1979), as amended, by amending Section 32-169(a)(4)(a), Electric consumer utility tax, Section 32-170(a)(4)(b), Natural gas utility tax, Section 32-171(c), Local Water utility tax, Section 32-177, Seller's records, Section 32-178, Duty of director of finance to collect, Section 32-180, Failure to remit; repealing Section 32-181, Monitoring tax payments; in order to transfer the duty and responsibility for the administration of the consumer utility tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the tax from the director of finance to the treasurer; 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 190.) Council Member Bestpitch moved the adoption of Ordinance No. 40864-061917. The motion was seconded by Council Member Ferris 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 absent.) Council Member Bestpitch offered the following ordinance: (#40865-061917) AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article IX, Admissions Tax, Section 32-221, Report and remittance, Section 32-222, Failure to collect. report or remit, Section 32-223, Records to be kept, Section 32-225, Temporary or transient places of amusement or entertainment, Section 32- 226.1, Penalty for late remittance or false return, Section 32-227, Powers and duties of director of finance under article, of the Code of the City of Roanoke (1979), as amended; to transfer the duty and responsibility for the administration of the admissions tax from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the admissions tax from the director of finance to the city treasurer; repealing Section 32-228, Monitoring Tax Payments; 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 194.)  597 Council Member Bestpitch moved the adoption of Ordinance No. 40865-061917. 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 absent.) Council Member Bestpitch offered the following ordinance: (#40866-061917) AN ORDINANCE amending and ordaining Chapter 32, Taxation, Article XIII, Special Tax on Consumers of Local Telephone Service, Section 32-277, Duty of seller to collect. report and remit; duties of local officials, Section 32- 278, Seller's records, Section 32-282.2, Penalty for late remittance, of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the special tax on consumers of local telephone service from the director of finance to the commissioner of revenue; repealing Section 32-282.1, Monitoring tax payments; 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 198.) Council Member Bestpitch moved the adoption of Ordinance No. 40866-061917. The motion was seconded by Council Member Ferris 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 absent.) 598 Council Member Bestpitch offered the following ordinance: (#40867-061917) AN ORDINANCE amending and reordaining Chapter 32, Taxation, Article XIV, Tax on Prepared Food and Beverage, Section 32-283(b), Definitions, Section 32-286, Reports and remittance generally, Section 32-287, Preservation of records, Section 32-292, Enforcement; duty of director of finance, Section 32-293, Procedure upon failure to collect, report, etc., Section 32-294, Duty of director of finance, and Section 32-295(a), Penalty for late remittance or false return, of the Code of the City of Roanoke (1979), as amended, in order to transfer the duty and responsibility for the administration of the tax on prepared food and beverage from the director of finance to the commissioner of revenue, and to transfer the duty of collection of the tax on prepared food and beverage from the director of finance to the city treasurer; 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 200.) Council Member Bestpitch moved the adoption of Ordinance No. 40867-061917. The motion was seconded by Council Member Ferris 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 absent.) CITY ATTORNEY: CITY OF ROANOKE PENSION BOARD OF TRUSTEES AND DEFINED CONTRIBUTION BOARD: The City Attorney submitted a written report recommending the adoption of a resolution designating members of the City of Roanoke Pension Board of Trustees and members of the Defined Contribution Board to file financial disclosure statements, pursuant to Section 2.2-3118, Code of Virginia (1950), as amended. (For full text, see communication on file in the City Clerk's Office.)  599 Council Member Trinkle offered the following resolution: (#40868-061917) A RESOLUTION designating Board of Trustees of the Pension Board of the City of Roanoke and the Defined Contribution Board of the City of Roanoke as boards whose members are to file financial disclosure statements pursuant to Section 2.2-3115(B), Code of Virginia (1950), as amended; and establishing and effective date. (For full text of resolution, see Resolution Book No. 79, page 203.) Council Member Trinkle moved the adoption of Resolution No. 40868-061917. 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 absent.) DIRECTOR OF FINANCE: CITY CODE-CITY EMPLOYEES-PENSIONS-DISABILITY: The Director of Finance submitted a written report recommending an amendment of the City Code to provide for the return of member contributions in the event the member has applied for and received an occupational disability award. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40869-061917) AN ORDINANCE amending and reordaining Chapter 22.3, Pensions and Retirement, to amend Section 22.3-51(c) and (d), Occupational disability retirement allowance, Article VIII, Disability Retirement, Code of the City of Roanoke (1979), as amended; 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 204.) 600 Council Member Ferris moved the adoption of Ordinance No. 40869-061917. The motion was seconded by Council Member Bestpitch 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 absent.) 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 Bestpitch offered the following budget ordinance: (#40870-061917) AN ORDINANCE to appropriate funding from the Federal and Commonwealth 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 206.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40870- 061917. The motion was seconded by Council Member Tinkle 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 absent.)  601 BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting amendment to the 2017 - 2018 Categorical Budget in order to include adjustments to revenues to match the final budget adopted by the City of Roanoke; 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 Bestpitch offered the following budget ordinance: (#40871-061917) AN ORDINANCE to adopt an amendment to the 2017- 2018 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 207.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40871- 061917. The motion was seconded by Council Member Dykstra 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 absent.) BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for construction of a new gymnasium at Hurt Park Elementary School; 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 Bestpitch offered the following budget ordinance: (#40872-061917) AN ORDINANCE to appropriate funding from remaining capital project funds, amending and reordaining certain sections of the 2016 - 2017 School Capital Project Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 208.) 602 Council Member Bestpitch moved the adoption of Budget Ordinance No. 40872- 061917. The motion was seconded by Council Member Ferris. Council Member Garland shared he was glad to see this project moving forward and understood that there were only two schools that did not have a gymnasium. He pointed out that there was no room to construct a gym because the property was land locked and having spent time at Hurt Elementary School, the gym was definitely needed. He inquired about the timeline for the construction; whereupon, Kathleen Jackson, Chief Financial Officer, Roanoke City Public Schools, replied that the project may be completed by the end of the first semester, but should be completed in December 2017. Following her remarks, Council Member Garland presumed that the cost of the project was less than $1,000.000.00 and the structure would be similar to the Preston Park School gym; Ms. Jackson responded in the affirmative. Mayor Lea remarked that this project was well over due, not only for the students, but for the Hurt Park neighborhood and community, that it offers the city another facility for recreational and community use, which is a great stimulus for the Southwest neighborhood. Council Member Garland inquired whether there was serviceability issues of other gyms constructed using similar materials; wherein, Mrs. Jackson was not aware of any concerns related to the material use, and was confident that the Schools planned to construct a good serviceable gym that could be used for many years in the Southwest community. Council Member Dykstra expressed her appreciation that the project was moving forward, especially in the West End area of the City, adding the children nearby deserve a quality place to play. Following questions and comments regarding adequate funding and schedule for the Hurt Park Gymnasium, Budget Ordinance No. 40872-061917 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 absent.)  603 UNFINISHED BUSINESS: CITY CODE-TAXATION: Having continued the matter from the May 15,2017 Council meeting with regard to a proposal of the City of Roanoke to amend Chapter 32, Taxation, Section 32-239, Definitions, Article X, Transient Occupancy Tax, Code of the City of Roanoke (1979), as amended, by amending the definition of "hotel" to include "bed and breakfast" and "homestay" establishments, and "short-term rental.", the matter was again before the body. Mayor Lea reminded the Council that this item was postponed at the May 15, 2017 City Council meeting. The City Attorney advised that staff met with representatives of AirBnB and although in depth discussion occurred, more discussion was needed with regard to the City's regulation of homestays and the zoning ordinance. He requested a motion to table the matter, which could be brought back off the table with a separate motion, and said he could answer any questions since the matter was not debatable. Council Member Bestpitch asked what was the expected outcome - organizations to establish a method of collecting the tax via the internet and return the funds to the City, or would each individual operator be responsible for collecting the tax; whereupon, the City Attorney responded that the goal was for AirBnB and other similar organizations to complete voluntary tax collection agreements with the City of Roanoke; thereby, alleviating the host to collect the tax. Council Member Bestpitch expressed concern that the City may be entering into a cumbersome process as opposed to a simple process of hotels actually collecting room tax and remitting to the City. He questioned if the City would be able to keep up with the different organizations that may materialize and for those organizations to agree to collect the tax and was uncertain as to how the process would work. The City Attorney responded that both citizens who spoke at the May 15 Public Hearing urged the Council not to require those individuals to collect the tax fees, and continue to allow AirBnB to collect all monies. He advised that one option was to have the host require their organization, such as AirBnB, to collect the fees, or the host collect the fees themselves. He noted that it was understood from AirBnB that they impose the tax on the room rate charged. 604 Council Member Dykstra commented that she was in agreeance with Council Member Bestpitch that negotiating with numerous online vehicles that advertise these rooms would be significantly less than the number of people leasing rooms on a daily basis. She stated she would much rather the City be ahead of the issue, on the side of having a method to enforce and capture the majority of the tax revenues, by way of identifying individual businesses. Most importantly, ensuring that people who operate these types of AirBnB facilities were able to advertise their rates with tax fees already included; currently, they are unable to do so. She stated these AirBnB facilities were unable to be competitive with hotels and expressed appreciation to staff for further exploring the matter. Council Member Garland stated that the matter was potentially a controversial issue and asked for clarification of the proposal and who it may affect, noting a concern was the ability to identify businesses that operate AirBnB's as well as enforcement. The City Attorney responded that the proposal was to redefine the definition of a hotel, which is "a very broad definition", that the key factor has to be the definition of the transient (someone who stays 90 consecutive days or less); requiring more than four guests staying per evening and that the City's homestay zoning regulation limits are four guests per evening; and the homestay by its definition is not required to currently collect the lodging tax; neither does small bed and breakfast facilities that have less than four guests per evening. Mr. Callaghan shared that there are over 100 sites in the Roanoke area registered with AirBnB, but not many special exemptions having been issued, noting that there were some residential districts within the City whereby special - exemptions are not required, adding that AirBnB recognizes Roanoke City and Roanoke County as different localities, and there needs to be refinement regarding locations of these AirBnB's. In conclusion, the City Attorney advised that the Office of the Commissioner of Revenue was scheduled to meet with his colleagues in Arlington County who permit homestays, as a matter of right in all residential districts, but have a very specific set of regulations for homestay operations; that AirBnB offered Arlington County the opportunity to enter in to a voluntary tax collection agreement; however, the County declined. Mr. Callaghan emphasized that the City wants to understand exactly why the County refused and their approach the issue. He noted City staff and the Planning Department were reviewing the matter in order to regulate and develop the right policy for the City of Roanoke.  605 After extensive dialogue regarding the matter, Council Member Trinkle moved that the matter be tabled. 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 absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: STORMWATER: Council Member Garland commented on stormwater issues in the downtown area and wanted to make the public aware that City Council was cognizant of the problems with stormwater runoff; and requested information regarding plans and activities to date addressing flood events and future strategies. Council Member Ferris reiterated that the City is constrained by funding and timeline for construction repairs in the downtown area and wanted to assure citizens that the City Council was aware of the stormwater management problems. The Acting City Manager noted that one of first storm drain downtown projects is planned for 2020/2021 and stated that the downtown business were not prepared for the disruption that may occur and agreed to update the Council on future plans to address downtown flooding. CELEBRATIONS: Mayor Lea announced that June 19 is the 152nd Anniversary of the end of slavery in the United States, noting that communities throughout the Country celebrate this historic occasion as Juneteenth Day; and for several years, the Roanoke community has acknowledged the importance of this day with a day-long celebration of freedom hosted by Southern Christian Leadership Conference and community activists, including Jeff Artis. Unfortunately, no events are planned for Roanoke City this year; understanding that the Juneteenth Celebration at the Booker T. Washington National Memorial on Saturday, June 17 was a wonderful event. 606 ,.. ,~ The Mayor pointed out that Juneteenth is a celebration of independence that should be an annual "Star City" event, and asked his colleagues on Council, community organizations, and citizens throughout Roanoke City to join him in planning to make Juneteenth an annual celebration in Roanoke, the only seven time All America City in the United States. In conclusion, he will be reaching out to all in the next few weeks to begin preparations for Juneteenth 2018; and on behalf of City Council and the City Administration, he urged all Roanokers to remember and celebrate the importance of Juneteenth; and wished all Roanokers a safe and enjoyable 4th of July celebration VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL. NONE. At 4:08 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room; and thereafter, to be reconvened at 7:00p.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 David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, John A. Garland and Mayor Sherman P. Lea, Sr.-6. ABSENT: Vice-Mayor Anita J. Price-1. The Mayor declared the existence of a quorum. 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.  607 CITY 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 Bestpitch 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 absent.) ANNOUNCEMENT: Council Member Trinkle, Chairman, City Council Personnel Committee announced that City Council was prepared to begin interviews of candidates for the position of City Manager and a Closed Meeting would be held at an undisclosed location within fifteen days of June 19, 2017 for the sole purpose of interviewing candidates for the position of City Manager. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: Council Member Ferris offered the following resolution recognizing and applauding the achievements of Allyson Courtney Hart throughout her life and now in being crowned Ms. Wheelchair Virginia 2017 - 2018 as recognition of her commitment to advocate, inspire, and motivate all Virginians with disabilities: (#40873-061917) A RESOLUTION recogmz1ng and applauding the achievements of Allyson Courtney Hart in being crowned Ms. Wheelchair Virginia for 2017-2018. (For full text of resolution, see Resolution Book No. 79, page 209.) 608 Council Member Ferris moved the adoption of Resolution No. 40873-061917. 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 absent.) Mayor Lea and Council Member Ferris presented a ceremonial copy of Resolution No. 40873-061917 and a City gift to Ms. Hart. SOLID WASTE MANAGEMENT: Mayor Lea recognized Skip Decker, Manager of Solid Waste Management, and presented the "Recycling Stars" Poster Contestant participants sponsored by the City of Roanoke Solid Waste Management Division and Office of Sustainability with a City gift. The Mayor announced that the posters are currently on display at the Roanoke City Market now through June 30, 2017. PUBLIC HEARINGS: STREET AND ALLEY-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, June 19, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Eric L. and Patti J. Mills to vacate an approximately 60 foot portion of alleyway located between and running parallel with 7th Street, S. W., and 8th Street, S. W., being vacated north of Marshall Avenue, S. W., with the portion to be vacated between and adjacent to the entire westerly side of Official Tax Map No. 1113209, and a portion of the easterly side of Official Tax Map No. 1113210, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, May 30, 2017, and Tuesday, June 6, 2017. (See publisher's affidavit on file in the City Clerk's Office.)  609 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 $954.00 for the vacation of the public's right to use the portion of the subject right-of-way, (please type the remainder portion. 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.) 610 Council Member Ferris offered the following ordinance: (#40874-061917) AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located between and running generally parallel with 7th Street, S. W., and 8th Street, S. W., and north of Marshall Avenue, S. W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 210.) Council Member Ferris moved the adoption of Ordinance No. 40874-061917. The motion was seconded by Council Member Garland. Mr. and Mrs. Mills appeared before the Council in support of the alley closure. Mr. Mills reminded Council that he had previously applied for the vacation of the alley that ran parallel to his property located between yth and sth Street and the request was declined by the Planning Commission and tabled by City Council until the following month when a survey could be completed, adding following several meetings with City staff, a survey was completed which confirmed not only the retention wall, but approximately two feet of property into the alley belonging to Mr. and Mrs. Mills. Mr. Mills noted that he asked for an exchange of the portion of property that - belonged to them for the vacation of the alley to the rear of his property which was not being used for any purpose which was approximately 60 feet long and would give the additional space on his property which was approximately two feet of property back to the City so that the alley would still be viable, running parallel to his property; which exchange would be a win-win and the City would still own the alley and the property where his garages are located measured seven and one half feet, which was wide enough for a car. In closing, he mentioned that the application had been withdrawn for the original alley vacation that was parallel to his property, and then a new application was submitted for vacation of the alley at the rear of his property. 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 thanked Mr. and Mrs. Mills for a very good solution, noting the request worked out well for all concerned and thanked them for their willingness and cooperation.  611 Council Member Dykstra expressed appreciation to Mr. and Mrs. Mills for their due diligence and for doing their homework for a great solution in conjunction with the City. There being no additional comments and/or questions by the Council Members, Ordinance No. 40874-061917 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 absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Thursday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 19, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of JETR, LLC, and Parkside Storage, LLC, to rezone properties located at 2125, 2129, 2133, and 2137 Dale Avenue, S. E., bearing Official Tax Map Nos. 4311209, 4311207, 4311208, and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District, and 1-1, Light Industrial District, with conditions, to MXPUD; repeal all existing conditions; and to amend the Planned Unit Development Plan for use as a commercial center to include two warehouse storage facilities, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, May 30, 2017, and Tuesday, June 6, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The 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, Morningside/Kenwood/Riverdale Neighborhood Plan, and Zoning Ordinance as a parcel will be redeveloped for an active use appropriate to the surrounding area. 612 Council Member Bestpitch offered the following ordinance: (#40875-061917) AN ORDINANCE to rezone certain properties located at 2125, 2129, 2133 and 2137 Dale Avenue Road, S. E., bearing Official Tax Map Nos. 4311209, 4311207, 4311208 and 4311206, respectively, from MXPUD, Mixed Use Planned Unit Development District and 1-1, Light Industrial District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, amending an existing and applicable Planned Unit Development Plan, and repealing Ordinance No. 40032- 081814, adopted August 18, 2014, to the extent that it placed certain conditions on the subject properties; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 213.) Council Member Bestpitch moved the adoption of Ordinance No. 40875-061917. The motion was seconded by Council Member Ferris. Joseph Thompson appeared before the Council in support of the rezoning petition .. 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. 40875-061917 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 absent.) SOUTHEAST RURAL COMMUNITY ASSISTANT PROJECT (SERCAP)-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 19, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Southeast Rural Community Assistance Project, Inc., (SERCAP), and 347 West Campbell LLC, for designation of its real and personal properties located at 347 West Campbell Avenue, S. W., as exempt from taxation, the matter was before the body.  613 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 12,2017. (See publisher's affidavit on file in the City Clerk's Office.) The Acting City Manager submitted a written report recommending exemptions to Southeast Rural Community Assistant Project, Inc., and 347 West Campbell LLC, from real and personal property taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective July 1, 2017. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40876-061917) AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property, located in the City of Roanoke owned by Southeast Rural Community Assistance Project, Inc., (SERCAP), a Virginia non-stock, non-profit corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis, and 347 West Campbell LLC, a Virginia limited liability company, and a wholly owned subsidiary of SERCAP; providing for an effective date, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 215.) Council Member Ferris moved the adoption of Ordinance No. 40876-061917. The motion was seconded by Council Member Dykstra. John Kuvak, Gentry Locke, appeared in support of the request of Southeast Rural Community Assistance Project, Inc., and advised that the mission of SERCAP was to provide potable and wastewater systems to low income residents, in a seven state area, with the headquarters located in the City of Roanoke. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 614 There being no comments and/or questions by the Council Members, Ordinance No. 40876-061917 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 absent.) CHURCHES-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 19, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., for designation of its real property located at 1018 First Street, S. W., as exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 12,2017. (See publisher's affidavit on file in the City Clerk's Office.) - The Acting City Manager submitted a written report recommending exemption to Trustees of the Funds of the Protestant Episcopal Church from real property taxation, pursuant to Article X, Section 6 of the Constitution of Virginia, effective July 1, 2017. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#40877 -061917) AN ORDINANCE exempting from real estate property taxation certain real property located at 1018 1st Street, S. W., and designated as Roanoke Official Tax Map No. 1022404, owned by Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., a Virginia non-stock, not for profit corporation, 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. 79, page 218.)  615 Mark D. Loftis, Counsel, Trustees of the Funds of the Protestant Episcopal Church in the Diocese of Southwestern Virginia, Inc., appeared in support of the request and expressed appreciation to the City Attorney's Office staff and advised that they were very helpful and responsive. Council Member Trinkle moved the adoption of Ordinance No. 40877-061917. 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. Council Member Bestpitch inquired how the property was used prior to 2016, since the church began to use it in October 2016; whereupon, Mr. Loftis advised that the property was vacant for a long period of time and needed extensive renovations. There being no additional comments and/or questions by the Council Members, Ordinance No. 40877-061917 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 absent.) SOLID WASTE MANAGEMENT-FEE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 19, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposed ordinance amending Section 11.5-8, Billing. penalties. and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended. The proposed amendments to the stormwater utility code provide for a technical amendment that results from the amendment of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke, and the enactment of a new solid waste collection fee. As a result of the new solid waste collection fee and such solid waste fee having first priority of payments being applied to it, Section 11.5-8 of City Code with respect to the Stormwater Utility must be amended to update the priority of payments received by the City and how those payments are applied to the taxes and fees included on the real estate tax bill, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, June 6, 2017 and on Tuesday, June 13, 2017. (See publisher's affidavit on file in the City Clerk's Office.) 616 The City Attorney submitted a written report recommending adoption of the proposed ordinance amending and reordaining Section 11.5-8, Billing, penalties, and interest, Chapter 11.5, Stormwater Utility, 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: (#40878-061917) AN ORDINANCE amending and reordaining Section 11.5-8, Billing, penalties, and interest, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to provide for an update to the priority of how payments are applied to the taxes and fees on the real estate tax bill; 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 220.) Council Member Bestpitch moved the adoption of Ordinance No. 40878-061917. The motion was seconded by Council Member Ferris. The City Attorney advised that the collection of solid waste fees was adopted last month and as a result, invoices would be mailed out beginning January 2018 for the first half of fiscal year 2018. He noted that beginning in July 2018, the fees would appear as a part of the real estate tax bill and under the current City Code, only storm water utility and real estate taxes were on that bill with the storm water fee having first priority. He further advised that the amendment would allow the solid waste collection fee to become first priority, second priority being the storm water utility fee and third priority being real estate taxes. 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 questions and/or comments by the Council Members, Ordinance No. 40878-061917 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 absent.)  617 HEARING OF CITIZENS UPON PUBLIC MATTER: NONE. There being no further business to come before the Council, Mayor Lea declared the Council meeting adjourned at 7:56 p.m. APPROVED ATTEST: c~;. ,.J. vn<!.~ Cecelia F. McCoy ?-cfh. Sherman P. Lea, Sr. Deputy City Clerk Mayor