City Council

551 ROANOKE CITY COUNCIL-REGULAR SESSION September 17,2018 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, September 17, 2018, 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. 41181-070218 adopted by the Council on Monday, July 2, 2018. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Dykstra,(arrived late) John A. Garland, Djuna L. Osborne, Anita J. Price and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Vice-Mayor Joseph L. Cobb. MOMENT OF SILENCE: Mayor Lea called for a Moment of Silence in memory of the late Samuel H. McGhee, Ill, a former Assistant City Manager and former City Engineer, for the City of Roanoke, who passed away on September 6, 2018. At this point, Council Member Dykstra entered the meeting (2:03p.m.). The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: WELCOMING WEEK: Mayor Lea declared September 14 - 23, 2018 as Welcoming Week. (See ceremonial copy of proclamation on file in the City Clerk's Office.) 552 The Mayor presented the ceremonial copy of the proclamation to Whitney Slightham, Citizen Engagement Officer. TRIBUTE TO ROBERT CLEMENT: Council Member Bestpitch offered the following resolution recognizing Robert A. Clement, Neighborhood Services Coordinator: (#41244-091718) A RESOLUTION recognizing and paying tribute to Robert A. (Bob) Clement, Jr., a distinguished and beloved City employee and long-time Roanoke resident, for his exemplary public service to the City of Roanoke and its citizens. (For full text of resolution, see Resolution Book No. 80, page 12.) Council Member Bestpitch moved the adoption of Resolution No. 41244-091718. The motion was seconded by Council Member Dykstra. Following outstanding accolades by all Council Members, Resolution No. 41244- 091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Mayor Lea presented a ceremonial copy of Resolution No. 41244-091718 to Mr. Clement. 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. IMPORTANCE OF THE GOVERNMENT, BUSINESS AND NEIGHBORHOOD RELATIONSHIP: Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and spoke with regard to the great work of Bob Clement, the impact of the Roanoke Neighborhood Advocates and the importance of the government, business and neighborhood relationship. SUPPORT OF THE STARBUCKS COFFEE SHOP TO COME TO BLUE HILLS DRIVE: Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council and spoke in support of the Starbucks Coffee shop to come to Blue Hills Drive and added that the rates of Cox Communications were not affordable.  553 CLEANUP OF PROPERTY LOCATED AT MERCER AND CARROLL AVENUES, N. W.: Estelle McCadden, 2128 Mercer Avenue, N. W., appeared before the Council and spoke with regard to the cleanup of property located at Mercer and Carroll Avenues; and requested City Manager follow up on the matter, as well as the City maintaining the alley behind her residence since there is no front access for vehicles. LACK OF ECONOMIC GROWTH: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke on the lack of economic growth in the City. STANDARDS OF STATE LEGISLATION: Alexandros Frith, 319 Mountain Avenue, S. W., appeared before the Council and spoke with regard to the standards of state legislation. POSTPONEMENT OF POTLUCK/SOCIAL IN FISHBURN PARK: Freeda Cathcart, President, Grandin Court Association, appeared before the Council and announced the postponement of the Potluck/Social in Fishburn Park until Tuesday, September 25. CONSENT AGENDA All matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion. There would be no separate discussion of the items. If discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the regular meeting of City Council held on Monday, August 20, 2018, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Dykstra moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. 554 AMENDMENT TO THE COMPREHENSIVE PLAN: A communication from the City Attorney requesting authorization for the City Manager to file the appropriate applications for an amendment to the Comprehensive Plan in connection with a telecommunication facility or cell tower on a portion of City-owned property situated at 502 191h Street, S. E. (Fallon Park), was before the Council. (See communication on file in the City Clerk's Office.) Council Member Dykstra moved that Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. AMENDMENT TO THE COMPREHENSIVE PLAN: A communication from the City Attorney requesting authorization for the City Manager to file the appropriate applications for an amendment to the Comprehensive Plan in connection with a telecommunication facility or cell tower on a portion of City-owned property situated at 3137 Preston Avenue, N. W. (Preston Park), was before the Council. (See communication on file in the City Clerk's Office.) Council Member Dykstra moved that Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. DEPARTMENT OF LIBRARIES ADULT AND YOUTH SUMMER READING PROGRAM FOR FISCAL YEAR 2018: A communication from the Assistant City Manager for Community Development transmitting a report of the Department of Libraries Adult and Youth Summer Reading Program for Fiscal Year 2018. (See communication on file in the City Clerk's Office.)  555 Council Member Dykstra moved that the communication be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. RESIGNATION OF MICHAEL SHOCKLEY AS A MEMBER OF THE CITY OF ROANOKE PENSION PLAN, BOARD OF TRUSTEES: A communication from the City Clerk advising of the resignation of Michael Shockley as a member of the City of Roanoke Pension Plan, Board of Trustees, effective immediately, was before the Council.. (See communication on file in the City Clerk's Office.) Council Member Dykstra moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. RESIGNATION OF TROY RECH AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Troy Rech as a member of the Parks and Recreation Advisory Board, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Dykstra moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE PARKS AND RECREATION ADVISORY BOARD FOR FISCAL YEAR 2017 - 2018: Annual Report of the Parks and Recreation Advisory Board for Fiscal Year 2017-2018, was before the Council. (See Annual Report on file in the City Clerk's Office.) 556 Council Member Dykstra moved that the Annual Report be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: . -· AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: Non e-O. ANNUAL REPORT OF THE MILL MOUNTAIN ADVISORY BOARD FOR FISCAL YEAR 2017 - 2018: Annual Report of the Mill Mountain Advisory Board for Fiscal Year 2017 - 2018, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Dykstra moved that the Annual Report be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE AUDIT COMMITTEE FOR FISCAL YEAR ENDING JUNE 30, 2018: Annual Report of the Audit Committee for Fiscal Year ending June 30, 2018, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Dykstra moved that the Annual Report be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. MINUTES OF THE AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, June 6, 2018, was before the Council. (See minutes on file in the City Clerk's Office.)  557 Council Member Dykstra moved that the minutes be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE BOARD OF EQUALIZATION FOR THE TAXABLE YEAR JULY 1, 2018- JUNE 30, 2019: A communication from the Honorable William D. Broadhurst, Judge, Twenty-third Judicial Circuit of Virginia, transmitting the Annual Report of the Board of Equalization for the taxable year July 1, 2018- June 30, 2019, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Dykstra moved that the Annual Report be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Report of qualification of Jacqueline W. Moon as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2021, was before the Council: (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Dykstra moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA LOCAL EMERGENCY: Vice-Mayor Cobb offered the following resolution confirming that a local emergency existed throughout the City of Roanoke commencing September 13, 2018: 558 (#41245-091718) A RESOLUTION confirming the declaration of a local emergency by the City Manager, conferring emergency powers in the City Manager as .... Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. (For full text of resolution, see Resolution Book No. 80, page 14.) Vice-Mayor Cobb moved the adoption of Resolution No. 41245-091718. The motion was seconded by Council Member Bestpitch. Following remarks of compassion by Council Member Bestpitch for all the victims throughout parts of North and South Carolina, Tennessee, West Virginia and Virginia, and expression of appreciation to the City Manager and Administration and neighboring jurisdictions, Resolution No. 41245-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. PUBLIC HEARINGS: NONE. ',,,., PETITIONS AND COMMUNICATIONS: EXPIRATION OF THE TWO-YEAR TERMS OF OFFICE OF COUNCIL- APPOINTED OFFICERS: Council Member Michelle L. Dykstra, Chairman, Roanoke City Council Personnel Committee, submitted a written communication advising of the expiration of the two-year terms of office of the City Attorney, City Clerk and Municipal Auditor ending September 30, 2018. (See copy of communication on file in the City Clerk's Office.) Council Member Garland read the following Statement of Conflict of Interest into the record: "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section 6. Petitions and Communications, Item 6.a. of the 2:00 p.m. Session of City Council on September 17, 2018, regarding a communication from Council Member Michelle L. Dykstra, Chairman, Roanoke City Council Personnel Committee, advising of the ".""" expiration of the two-year terms of office of the City Attorney, City Clerk, and Municipal Auditor ending September 30, 2018, because the City Attorney is a residential tenant at  559 a property owned by 209 1st Street LLC, a limited liability company in which I own an interest. Therefore, pursuant to Virginia Code Section 2.2-3112, 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 171h day of September 2018. S/John A. Garland John A. Garland, Council Member'' (See copy of Conflict of Interest Statement on file in the City Clerk's Office.) Council Member Dykstra moved that the Council concurred in the reappointment of the City Attorney, City Clerk and Municipal Auditor for terms of two-years, each, ending September 30, 2020. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: A YES: Council Member Bestpitch, Cobb, Dykstra, Osborne, Price and Mayor Lea-6. NAYS: None-0. (Council Member Garland abstained from voting.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: BRIEFINGS: Summer Youth Employment Program Report Aisha Johnson, Assistant to the City Manager, briefed the Council on the Youth Services Initiative and the Summer Youth Work Program (SYWP) structure. She highlighted the following information: • SYWP Schedule • Youth Served • Survey Results • Youth Perspective (See copy of presentation on file in the City Clerk's Office.) 560 Ms. Johnson summarized the report stating that the Youth Services Initiative was restructured in 2013 with a primary focus for outreach to youth primarily in middle and high school to give youth a voice. She added that the work program was in its second year, administered by Goodwill Industries of the Valleys, Inc., serving up to 100 youth from 14 to 21 years of age who reside in the City of Roanoke. Ms. Johnson introduced Ernesto Muse, Goodwill Industries of the Valleys, Inc., who concluded the briefing. Mr. Muse advised that 125 youth participated and worked at nine sites across the City and based upon the survey results, the youth desired jobs from the following sites be added to the list for next year--hair salon, pet store, car wash, movie theater, fast food and day care. Mr. Muse introduced Isaac Moore and Vashay Mcalla who offered comments on their experiences as participants in the program. Council Member Dykstra inquired about transportation for the program and how wages were determined; whereupon, Mr. Muse replied that transportation assistance was offered for all participants placed at a site through bus passes for the first two weeks or until the first paycheck was issued and wages were determined by the employer based on how the other employees were compensated. Following additional comments from the Council Members on the success of the program, Mayor Lea expressed appreciation to Ms. Johnson, Ms. Mcalla and Messrs. Muse and Moore for an informative presentation and advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: FY19 URBAN AND COMMUNITY FORESTRY GRANT: The City Manager submitted a written communication recommending acceptance of the FY19 Urban and Community Forestry Grant from the Virginia Department of Forestry. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41246-091718) A RESOLUTION accepting a FY 2019 Urban and Community Forestry Grant from the Virginia Department of Forestry to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required documents in connection therewith, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 80, page 15.)  561 Council Member Garland moved the adoption of Resolution No. 41246-091718. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following budget ordinance: (#41247-091718) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2018 - 2019 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 16.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41247-091718. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. 2019 MULTI-JURISDICTIONAL DRIVING UNDER THE INFLUENCE TASKFORCE GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Motor Vehicles 2019 multi-jurisdictional Driving Under the Influence Taskforce Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41248-091718) A RESOLUTION authorizing acceptance of a 2019 Department of Motor Vehicles grant to participate in a multi-jurisdictional Driving Under the Influence Task Force to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 17.) 562 Council Member Garland moved the adoption of Resolution No. 41248-091718. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following budget ordinance: (#41249-091718) AN ORDINANCE to appropriate funding from the U.S. National Highway Traffic Safety Administration through the Commonwealth of Virginia Department of Motor Vehicles for a Driving Under the Influence Task Force grant, amending and reordaining certain sections of the 2018 - 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 18.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41249-091718. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. 2019 TRAFFIC SAFETY (SELECTIVE ENFORCEMENT - ALCOHOL) GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement - Alcohol) Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41250-091718) A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement- Alcohol) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 19.)  563 Council Member Garland moved the adoption of Resolution No. 41250-091718. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following budget ordinance: (#41251-091718) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2018 - 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 20.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41251-091718. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. 2019 TRAFFIC SAFETY (SELECTIVE ENFORCEMENT-SPEED) GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement-Speed) Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41252-091718) A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement- Occupant Protection) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 21.) 564 Council Member Garland moved the adoption of Resolution No. 41252-091718. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following budget ordinance: (#41253-091718) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2018 - 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 22.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41253-091718. The motion was seconded by Council Member Garland and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. 2019 TRAFFIC SAFETY (SELECTIVE ENFORCEMENT - OCCUPANT PROTECTION) GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement- Occupant Protection) Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following resolution: (#41254-091718) A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement- Occupant Protection) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 23.)  565 Council Member Garland moved the adoption of Resolution No. 41254-091718. The motion was seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following budget ordinance: (#41255-091718) AN ORDINANCE to appropriate funding from the U.S. Dep·artment of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2018 - 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 24.) Vice-Mayor Cobb moved the adoption of Budget Ordinance No. 41255-091718. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. GARDEN CITY BOULEVARD SAFE ROUTES TO SCHOOL PROJECT: The City Manager submitted a written communication recommending de-appropriation of funds in connection with the conclusion of the Garden City Boulevard Safe Routes to School Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland offered the following budget ordinance: (#41256-091718) AN ORDINANCE to reduce funding from the Virginia Department of Transportation for the Garden City Greenway project, amending and reordaining certain sections of the 2018 - 2019 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 25.) 566 Council Member Garland moved the adoption of Budget Ordinance No. 41256- 091718. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. SEALED TRASH COMPACTOR USAGE FEES: The City Manager submitted a written communication recommending amendment of the City's Fee Compendium to reflect a revised definition of the Sealed Trash Compactor usage fees. (For full text, see communication on file in the City Clerk's Office.) Council Member Garland read the following Statement of Conflict of Interest into the record: "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section 7. Reports of City Officers and Comments of City Manager, Item 7.a.7., of the 2:00 p.m. Session of City Council on September 17, 2018, regarding an Amendment of the City's Fee Compendium to reflect a revised definition of the Sealed Trash Compactor usage fee because I hold interests in apartment buildings within sealed trash compactor districts that utilize the sealed trash compactors. Therefore, pursuant to Virginia Code Section 2.2-311.2, 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 171h day of September 2018. s/John A. Garland John A. Garland, Council Member" (See copy of Conflict of Interest Statement on file in the City Clerk's Office.)  567 Vice-Mayor Cobb offered the following resolution: (#41257-091718) A RESOLUTION amending the Refuse Collection Fee section of the Fee Compendium for refuse collection in the Central Business District, by adding "Multi-Family Apartment Buildings" and "Condominium Units" as additional trade categories for properties that may be assessed such fee, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 80, page 26.) Vice-Mayor Cobb moved the adoption of Resolution No. 41257-091718. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. At this point, Mayor Lea relinquished the Chair to the Vice-Mayor and left the meeting (3:45p.m.). COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Response to Hurricane Florence • Thanked city employees in all departments who worked so hard this past week and over the weekend to prepare for a response to the impact of Hurricane Florence. • Special thanks to Marci Stone, Roanoke Fire-EMS Battalion Chief for Emergency Management & Community Preparedness. Under her leadership, the city's Emergency Operations are ready to respond to whatever comes our way from this storm. CITY ATTORNEY: TAX EXEMPTION FOR THE LOCAL OFFICE ON AGING, INC.: The City Attorney submitted a written report recommending a correction of a scrivener's error in Ordinance No. 41227-082018 adopted on August 20, 2018, to provide for an effective date of January 1, 2019, in connection with tax exemption for the Local Office on Aging, Inc. (For full text, see report on file in the City Clerk's Office.) 568 Council Member Dykstra offered the following ordinance: (#41258-091718) AN ORDINANCE amending and reordaining Ordinance No. 41227-082018, adopted August 20, 2018, designating certain real property located at 4932 Frontage Road, designated as Official Tax Map No. 6490805 ("Property"), owned by Local Office on Aging, Inc., a Virginia non-stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis ("Applicant"), as exempt from real property taxation pursuant to Section 58.1-3651, Code of Virginia (1950) as amended, to correct a scrivener's error; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 27.) Council Member Dykstra moved the adoption of Ordinance No. 41258-091718. The motion was seconded by Council Member Garland and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Garland, Osborne, Price and Vice- Mayor Cobb-6. NAYS: None-0. (Mayor Lea was absent.) REPORTS OF COMMITTEES: VARIOUS EDUCATIONAL PROGRAMS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the City Manager 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: (#41259-091718) AN ORDINANCE to appropriate funding from the Commonwealth and Federal grants and the Schools General Fund for various educational programs, amending and reordaining certain sections of the 2018 - 2019 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 28.)  569 Council Member Bestpitch moved the adoption of Budget Ordinance No. 41259- 091718. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Garland, Osborne, Price and Vice- Mayor Cobb-6. NAYS: None-0. (Mayor Lea was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ECONOMIC DEVELOPMENT AUTHORITY: Council Member Garland offered the following resolution reappointing Matthew Fink as a Director of the City of Roanoke Economic Development Authority, commencing October 21, 2018, and ending October 20, 2022: (#41260-091718) A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. (For full text of resolution, see Resolution Book No. 80, page 33.) Council Member Garland moved the adoption of Resolution No. 41260-091718. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Dykstra, Garland, Osborne, Price and Vice- Mayor Cobb-6. NAYS: None-0. (Mayor Lea was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF COUNCIL. ANNUAL HENRY STREET FESTIVAL: Council Member Price announced that the Annual Henry Street Festival was rescheduled to Sunday, October 7 in Elmwood, with the gates opening at 12:00 noon. 570 ANNUAL YOUTH SUMMIT: Vice-Mayor Cobb expressed appreciation to Council Member Price and the Youth Services Citizen Board on a successful turnout in connection with the Annual Youth Summit that was held on Saturday, September 8 at Patrick Henry High School. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:56p.m., the Vice-Mayor declared the Council Meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building; and thereafter, to be reconvened at 7:00 p.m., in the City Council Chamber. At 7:00p.m., the Council meeting reconvened in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Dykstra, John A. Garland, Djuna L. Osborne, Anita J. Price and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-D. The Mayor declared the existence of a quorum. OFFICERS PRESENT: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Chase Krug, Pastor, New Century Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. LOCAL EMERGENCY: Council Member Bestpitch offered the following resolution recommending City Council end the declared local emergency effective Monday, September 17,2018, at 7:00p.m.: (#41261-091718) A RESOLUTION ending the declaration of a local emergency by the City Manager. (For full text of resolution, see Resolution Book No. 80, page 34.)  571 Council Member Bestpitch moved the adoption of Resolution No. 41261-091718. The motion was seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. PUBLIC HEARINGS: CITY'S DRAFT 2017 - 2018 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the City Council to review and receive public comments on the City's Draft 2017 - 2018 Consolidated Annual Performance and Evaluation Report (CAPER), the matter was before the body. Legal advertisement of the public hearing was published once in The Roanoke Times on Friday, August 24, 2018; and once in The Roanoke Tribune on Thursday, August 30, 2018. (See publishers' affidavits on file in the City Clerk's Office.) Mayor Lea inquired if there were persons present wishing to speak on the matter. There being none, he closed the public hearing. There being no comments by the Council members, Mayor Lea noted that all comments may be submitted to Keith Holland, HUD Community Resources Division, until Tuesday, September 25. AMEND EXISTING CONDITIONS ORIGINALLY PROFFERED AS PART OF A PREVIOUS REZONING AT 1001 WILLIAMSON ROAD, S. E., 0 (ZERO) 3RD STREET, S. E., AND 110 ALBEMARLE AVENUE, S. E.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Fort Knox 1001 Williamson, LLC, to amend existing conditions originally proffered as part of a previous rezoning at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 110 Albemarle Avenue, S. E., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of Ordinance No. 40783-032017 on March 20, 2017, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, August 28, 2018, and Tuesday, September 4, 2018. (See publisher's affidavit on file in the City Clerk's Office.) 572 The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Original Application 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.) Vice-Mayor Cobb offered the following ordinance: (#41262-091718) AN ORDINANCE to amend conditions presently binding upon certain property located at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 110 Albemarle Avenue, S. E.; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 35.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41262-091718. The motion was seconded by Council Member Bestpitch. Council Member Garland read the following Statement of Conflict of Interest into record. "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section A. Public Hearing, Item A.2 of the 7:00p.m. Session of City Council on September 17, 2018, regarding the request of Fort Knox 1001 Williamson, LLC, to amend existing conditions originally proffered as a part of a previous rezoning at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E. and 0 (zero) Albemarle Avenue, S. E., respectively, because I provide engineering services to the principal member of Fort Knox 1001 Williamson Road, LLC. Therefore, pursuant to Virginia Code Section 2.2-3112, 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 171h day of September 2018. S/John A. Garland John A. Garland, Council Member'' (See Statement of Conflict of Interest on file in the City Clerk's Office.) At this point, Council Member Garland left the Council Chamber.  573 Maryellen F. Goodlatte, Attorney, representing the petitioner, appeared before the Council in support of the amendment. The Mayor inquired if there were persons present who wished to speak on the matter. Richard White, 102 Albemarle Avenue, S. W., appeared before the Council regarding the abovementioned amendment. There being no further speakers, Mayor Lea declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 41262-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Osborne, Price and Mayor Lea-6. NAYS: None-0. (Council Member Garland was out of the Council Chamber.) At this point, Council Member Garland re-entered the meeting. REZONE PROPERTY AND REPEAL CONDITIONS PROFFERED AT 3601 BLUE HILLS VILLAGE DRIVE, N. E.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on the request of Frontier Development to rezone the property and repeal conditions proffered at 3601 Blue Hills Village Drive, N. E., bearing Official Tax Map No. 7160117, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, August 28, 2018, and Tuesday, September 4, 2018. (See publisher's affidavit on file in the City Clerk's Office.) 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, Hollins/Wildwood Area Plan, and Zoning Ordinance as the subject property 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.) Council Member Dykstra offered the following ordinance: 574 (#41263-091718) AN ORDINANCE to rezone certain property located at 3601 Blue Hills Village Drive, N. E., bearing Official Tax Map No. 7160117, from CG, Commercial General District, with conditions, to MXPUD, Mixed Use Planned Unit Development District; repealing Ordinance No. 37461-061906, adopted June 19, 2006, to the extent that it placed certain conditions on property located on the subject property; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 36.) Council Member Dykstra moved the adoption of Ordinance No. 41263-091718. The motion was seconded by Vice-Mayor Cobb. Sean Horne, Agent, Balzer and Associates, representing the petitioner, appeared before the Council in support of the request. The Mayor inquired if there were persons present who wished to speak on the matter. The City Attorney reminded the Council that Chris Craft, President of the Wildwood Civic League, spoke at the 2:00 p.m. Session of Council in favor of the abovementioned rezoning. Following an inquiry and response about stormwater runoff in relation to the stormwater pond on the front of the property, Ordinance No. 41263-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. AMENDMENT TO VISION 2001-2020, THE CITY'S COMPREHENSIVE PLAN: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to consider an amendment to Vision 2001-2020, the City's Comprehensive Plan, to replace the 2007 Roanoke Valley Conceptual Greenway Plan Update with the 2018 Roanoke Valley Greenway Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, August 28, 2018, and Tuesday, September 4, 2018. (See publisher's affidavit on file in the City Clerk's Office.)  575 The City Planning Commission submitted a written report recommending approval of the 2018 Roanoke Valley Greenway Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41264-091718) AN ORDINANCE approving the 2018 Roanoke Greenway Plan dated August 13, 2018, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Greenway Plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 38.) Council Member Bestpitch moved the adoption of Ordinance No. 41264-091718. The motion was seconded by Vice-Mayor Cobb. The Mayor inquired if there were persons present who wished to speak on the matter. Jim Lee, 515 Darwin Road, S. W., appeared before the Council and noted that the Greenway Plan represented 21 years of work and had attracted $44.4 million by way of grants and allocations from state resources. Barbara Duerk, 2607 Rosalind Avenue, S. W., representing Connect Now, appeared before the Council and expressed enthusiasm of the connectivity of the greenways to other localities within the region. There being no additional speakers, Mayor Lea declared the public hearing closed. Following comments by the Council Members, Ordinance No. 41264-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. AMENDMENT TO THE CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE CITY OF ROANOKE AND RYT, L.L.C., DATED MAY 22, 2018: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to consider an amendment to the Contract for Purchase and Sale of Real Property between the City of Roanoke and RYT, L.L.C., dated May 22, 2018, regarding certain real property located at 201 Carver Avenue, N. E., the matter was before the body. 576 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 10, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending, approval of Amendment No. 1 to the Contract for Purchase and Sale of Real Property between the City of Roanoke and RYT, L.L.C., subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following ordinance: (#41265-091718) AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for the Purchase and Sale of Real Property, dated May 22, 2018 ("Contract"), by and between the City of Roanoke, Virginia ("City"), and RYT, L.L.C. ("RYT"), for real property situated at 201 Carver Avenue, N. E., Roanoke, Virginia, designated as Official Tax Map No. 2041817, to (i) change the Contemplated Use of the Property; and (ii) extend the Closing Date to prior to March 31, 2019, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 41140-052118, adopted on May 21, 2018, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 39.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41265-091718. The motion was seconded by Council Member Garland. 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. 41265-091718 was adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0.  577 AMENDMENT TO THE WILLIAMSON ROAD AREA SERVICE DISTRICT BOUNDARY: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to consider an amendment to the Williamson Road Area Service District boundary to expand the District Boundary to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, N. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, August 28, 2018, Tuesday, September 4, 2018 and Tuesday, September 11, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending approval of the expansion of the Williamson Road Area Service District. (For full text, see report on file in the City Clerk's Office.) Council Member Garland read the following Statement of Conflict of Interest into record. "STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state the I have a personal interest in Agenda Section A, Public Hearing, Item A.6 of the 7:00 p.m. Session of City Council on September 17, 2018, regarding a Proposal of the City of Roanoke to consider an amendment to Williamson Road Area Service District boundary to expand the District Boundary to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, LLC, the owner of the properties affected by this proposal, to provide engineering services for these properties. Therefore, pursuant to Virginia Code Section 2.2-3112, 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 171h day of September 2018 S/John A. Garland John A. Garland, Council Member" (See Statement of Conflict of Interest on file in the City Clerk's Office.) 578 At this point, Council Member Garland left the Council Chamber. Council Member Price offered the following ordinance: (#41266-091718) AN ORDINANCE amending and reordaining Section 32-103.2, Williamson Road Area Service District defined, Division 7, Williamson Road Area Service District, Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of the Williamson Road Area Service District ("Service District") to expand the Service District; 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. 80, page 41.) Council Member Price moved the adoption of Ordinance No. 41266-091718. The motion was seconded by Council Member Dykstra. The Mayor inquired if there were persons present who wished to speak on the matter. Wendy Jones, 4804 Williamson Road, N. W., appeared before the Council in support of the Code amendment. There being no additional speakers, Mayor Lea declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 41266-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Osborne, Price and Mayor Lea-6. NAYS: None-0. (Council Member Garland was out of the Council Chamber.) At this point, Council Member Garland re-entered the Council Chamber. DEVELOPMENT OF A DOWNTOWN PARKING FACILITY AND HOTEL: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to consider a purchase and sale of a portion of City-owned property located at 120 Church Avenue, S. E., and property to be acquired by the City located at 116 Church Avenue, S. E., for the development of a downtown parking facility and hotel, the matter was before the body.  579 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 10, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute an agreement among Market Holdings, LLC, Big Lick Hospitality, LLC, and the City of Roanoke, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41267-091718) AN ORDINANCE authorizing the City Manager to execute a proposed Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel (Agreement) between the City of Roanoke, Virginia ("City"), Market Holdings, LLC (MH), and Big Lick Hospitality, LLC (Buyer), which proposed Agreement provides that the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 (City Parcel); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 (MH Parcel); and Buyer, agreed that the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct on the Property and own a Parking Facility, in fee simple; and (iv) convey to Buyer condominium units, certain air rights, and appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, upon certain terms and conditions; authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 43.) Council Member Bestpitch moved the adoption of Ordinance No. 41267-091718. The motion was seconded by Council Member Price. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 580 Following comments by the City Manager and Council Member Bestpitch, Ordinance No. 41267-091718 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-7. NAYS: None-0. CABLE TELEVISION FRANCHISE: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, September 17, 2018, at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to grant a ten-year renewal of the cable television franchise held by CoxCom, LLC, d/b/a/ Cox Communications Roanoke, which will expire on October 31, 2018, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August31, 2018 and Monday, September?, 2018. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending authorization for the City Manager to execute a Franchise Agreement between the City and CoxCom, LLC, ~.,. d/b/a Cox Communications Roanoke, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Dykstra offered the following ordinance: (#41268-091718) AN ORDINANCE approving and authorizing the execution of a Cable Television Franchise Agreement by and between the City of Roanoke, Virginia and CoxCom, LLC d/b/a Cox Communications Roanoke; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 80, page 44.) Council Member Dykstra moved the adoption of Ordinance No. 41268-091718. The motion was seconded by Council Member Osborne. The Mayor inquired if there were persons present who wished to speak on the matter. Matthew Jordan, 170 Maplelawn Avenue, N. E., appeared before the Council and offered statistics comparing the rates of Cox Communications to other localities and encouraged the Council to embed options such as no data caps within the agreement to help protect the consumer.  581 Mark Lazar, 1901 Carter Road, S. W., appeared before the Council and related his experience as a Cox Communications customer and questioned if other options were available for the City of Roanoke. Terri Huxhold, 1125 161h Street, S. E., appeared before the Council and urged the Council not to renew the contract with Cox Communications because of lack of customer service and various fees charged to customers. Mark Hostetter, 544 Day Avenue, S. W., appeared before the Council and expressed concern with the absence of competition for services and the outrageous rates Cox Communications could evoke. Chuck Simpson, 2046 Kenwood Drive, S. W., appeared before the Council and expressed concern with the lack of competition, customer service, and the rates charged by Cox Communications. Barrett Stork, Director, Government and Regulatory Affairs, Cox Communications appeared before the Council in support of the renewal and advised that the franchise agreement was related to video service, what channels to provide for the City in relation to government news, and public building access to follow Federal Communications Commission (FCC) customer service standards; not internet service and added that internet was regulated by the FCC. He pointed out that in terms of rates; pricing was based on statewide competition. There being no further speakers, Mayor Lea declared the public hearing closed. Following extensive dialogue with regard to Cox Communications customer service, customer complaints and competitive rates, it was suggested that an advisory panel be put in place for local oversight and to heed customer concerns. Council Member Osborne advised that local oversight did exist and the Roanoke Valley Cable Television Committee met bi-monthly in which a Council Member serves as a liaison and a local representative of Cox Communications attends each meeting as well. Following additional remarks from the Council Members, Ordinance No. 41268- 091718 was adopted by the following vote: There being no questions and/or comments by the Council Members, Ordinance No. 41268-091718 was adopted by the following vote: AYES: Council Members Cobb, Dykstra, Garland, Osborne, Price and Mayor Lea-6. NAYS: Council Member Bestpitch-1. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.  582 There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 9:01 p.m. APPROVED ATTEST: ~ rn. fr-]~'"P-o--,~..... Stephanie M. Moon Re~lds, ·~· . Sherman P. Lea, Sr. City Clerk Mayor