City Council

318 ROANOKE CITY COUNCIL-REGULAR SESSION September 16, 2019 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, September 16, 2019 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. 41490-070119 adopted by the Council on Monday, July 1, 2019. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis (arrived late), Djuna L. Osborne, Anita J. Price, Patricia White-Boyd 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 The Reverend Catherine Houchins, Pastor, Metropolitan Community Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. GUN VIOLENCE IN THE NEIGHBORHOOD: Carissa Crowe, 1531 Rorer Avenue, S. W., appeared before the Council regarding increased gun violence in the Hurt Park neighborhood within the last several weeks. During remarks, Council Member Davis entered the meeting (2:13p.m.).  319 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. CONSULT WITH LEGAL COUNSEL AND HEAR BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in 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.) Vice-Mayor Cobb moved that Council concur in the request of the City Attorney as abovementioned. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. CONSULT WITH LEGAL COUNSEL AND HEAR BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in 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.) 320 Vice-Mayor Cobb moved that Council concur in the request of the City Attorney as abovementioned. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE YOUTH SERVICES CITIZEN BOARD: Annual Report of the Youth Services Citizen Board for Fiscal Year 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE FAIR HOUSING BOARD: Annual Report of the Fair Housing Board for Fiscal Year 2018- 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE ROANOKE CIVIC CENTER COMMISSION: Annual Report of the Roanoke Civic Center Commission for Fiscal Year 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) ..  321 Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE PARKS AND RECREATION ADVISORY BOARD: Annual Report of the Parks and Recreation Advisory Board for Fiscal Year 2018- 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. ANNUAL REPORT OF THE ROANOKE CITY AUDIT COMMITTEE: Annual Report of the Roanoke City Audit Committee for Fiscal Year ended June 30, 2019, was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the Annual Report be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. MINUTES OF THE AUDIT COMMITTEE: Minutes of the Audit Committee Meeting held on Monday, June 17, 2019, was before the Council. (See copy of Minutes on file in the City Clerk's Office.) 322 Vice-Mayor Cobb moved that the reading of the minutes be received and filed. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE, BOARD OF DIRECTORS-BUILDING AND FIRE CODE BOARD OF APPEALS-ROANOKE ARTS COMMISSION-BOARD OF ZONING APPEALS: Reports of qualifications of the following individuals were before the Council: Edward Garner as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a three-year term of office ending December 31, 2022; Helen Favor as a member (Engineer) of the Building and Fire Code Board of Appeals to fill the unexpired term of office of Patrick J. Williams ending June 30, 2021; John Hitchins, Jr., as a member of the Roanoke Arts Commission to fill the unexpired term of office of Ariel Lev ending June 30, 2020; and Walton Rutherfoord as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2022. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Cobb moved that the reports of qualifications be received and filed. The motion seconded by Council Member Osborne and adopted by the fol.lowing vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE.  323 PETITIONS AND COMMUNICATIONS: COMMUNITY SOLUTIONS CENTER: Cheryl Cobbs, Director, Community Solutions Center, Feeding America Southwest Virginia appeared before the Council and provided an update on the activities of the Center. (See copy of presentation on file in the City Clerk's Office.) Ms. Cobbs gave an overview about the history of the building and neighborhood, adding she became the Center's Director at the end of July; and noted that the Center's primary functions were children's meal production, Roanoke Police community outreach, Citizen engagement efforts, and a future community health initiative. She pointed out that major partners included Goodwill Industries of the Valleys, Inc., Roanoke City Police Department, Food Lion Feeds, Roanoke City leaders and members of the northwest Roanoke community. With regard to the Center's successes, Ms. Cobbs reported it was in the fifth cohort of the Culinary Arts Training Program consisting of up to 10 students from all lifestyles, which program focused on individuals who were unemployed or under employed to provide skills to help them gain employment to benefit their family and communities. She noted that during her tenure she would add an entrepreneur component to the program so students who wished to start their own business would have the basic information upon graduation. In closing, Ms. Cobbs reviewed statistics from 2018 pointing out that the Center provided 70,000.00 meals to children since May 2018, 24 students graduated from the program, 500-650 fresh meals prepared daily, nutritional education courses offered to youth and seniors, and collaborated with Carilion to provide cooking classes once per month. Vice-Mayor Cobb inquired if Melrose Avenue was considered a small innovation area; whereupon, the City Manager advised that the area was designated as a village center in one neighborhood plan as well as a target area. Following accolades and brief comments by the Members of Council, Mayor Lea thanked Ms. Cobbs for the update and advised that the remarks would be received and filed. GOODWILL SUMMER YOUTH EMPLOYMENT PROGRAM: Nicole Ross, Program Manager, Goodwill Industries of the Valleys, Inc.; and Aisha Johnson, Economic Development Specialist, City of Roanoke appeared before the Council and provided an update on the Goodwill Summer Youth Employment Program. 324 Ms. Johnson provided a brief overview stating that summer 2019 was the third year that the City of Roanoke collaborated with Goodwill Industries of the Valleys, Inc., to host the summer youth employment program and brought in the Workforce Development Board and Virginia Career Works as additional partners. She advised that the program participants were ages 14 - 21, must reside in the City of Roanoke, and the program offered job training, job placement and career camp for the younger youth. Ms. Ross explained that although the program participant numbers were lower than anticipated, the end outcome was greater because the youth were employed for a longer term and able to place young people in the job readiness program prior to reporting to the work sites. She noted that the career camp trained 14 and 15 year olds on entrepreneurship, higher education, etc., with presentations from NuFocus Media, The Advancement Foundation, and Fashionista Roanoke and field trips to The Advancement Foundation/The HIVE, Noah-Christian Academy and Virginia Western Community College to spark interest in future careers. In terms of the youth served, it was stated that 68 completed job readiness training, 52 completed work experience, three did not complete work experience, six refused placement at appointed sites, seven did not pass drug testing, nine worked at sites beyond the program's end and some youth secured employment at sites not in program after receiving job readiness training. Ms. Ross introduced Zion Jones, former program participant, who shared his experience, noting that due to the youth program, he was able to earn money to purchase a cap and gown for graduation. In closing, Morgan Romeo, Executive Director, Western Virginia Workforce Development Board, suggested the Council consider ways to provide funds directly to the participants to help to leverage program dollars. Council Member Osborne inquired about the students who failed the drug testing and if other alternatives were offered; whereupon, Ms. Ross indicated that there was not a referral program and said students usually opted out of the program. Mayor Lea thanked Ms. Ross, Ms. Johnson, Mr. Jones and Ms. Romeo for an informative presentation and advised that the remarks would be received and filed. At 3:09p.m., the Mayor declared the Council meeting in recess. Prior to reconvening the Council Meeting, Mayor Lea relinquished the Chair to the Vice-Mayor and left the Council Chamber. ,,. At 3:24 p.m., the Council meeting reconvened in the Council Chamber, with Vice-Mayor Cobb presiding and all Members of the Council in attendance, with the exception of Mayor Lea.  325 REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: VIRGINIA DEPARTMENT OF SOCIAL SERVICES CHILD ABUSE AND NEGLECT PREVENTION PROGRAM GRANT: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Social Services Child Abuse and Neglect Prevention Program Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41546-091619) A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention Program Grant to the City of Roanoke ("City") by the Virginia Department of Social Services ("VOSS") in the amount of $50,000.00; and authorizing the City Manager to execute any documentation required to accept such grant on behalf of the City (For full text of resolution, see Resolution Book No. 80, page 560.) Council Member Bestpitch moved the adoption of Resolution No. 41546-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) 326 Council Member Bestpitch offered the following budget ordinance: (#41547-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for the Child Abuse and Neglect Prevention Program Grant, amending and reordaining certain sections of the 2019 - 2020 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 561.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41547- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) 2020 DEPARTMENT OF MOTOR VEHICLES HIGHWAY SAFETY GRANT: The City Manager submitted a written communication recommending acceptance of the 2020 Department of Motor Vehicles Highway Safety Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41548-091619) A RESOLUTION accepting the 2020 Virginia Department of Motor Vehicles Highway Safety Grant 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 562.)  327 Council Member White-Boyd moved the adoption of Resolution No. 41548- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Price offered the following budget ordinance: (#41549-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for Pedestrian Safety Campaign, amending and reordaining certain sections of the 2019 - 2020 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 563.) Council Member Price moved the adoption of Budget Ordinance No. 41549- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FISCAL YEAR 2020 VIRGINIA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDING: The City Manager submitted a written communication recommending acceptance of the Fiscal Year 2020 Virginia Department of Transportation Highway Safety Improvement Program Funding. (For full text, see communication on file in the City Clerk's Office.) 328 Council Member Bestpitch offered the following resolution: (#41550-091619) A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $385,460.00 for additional Highway Safety Improvement Program funds for FY20 for two separate projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 80, page 564.) Council Member Bestpitch moved the adoption of Resolution No. 41550-091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#41551-091619) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for traffic signal improvement projects, amending and reordaining certain sections of the 2019 - 2020 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 565.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41551- 091619. The motion seconded by Council Member Davis and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.)  329 SOUTHWEST HISTORIC DISTRICT SURVEY AND EXPANSION NOMINATION: The City Manager submitted a written communication recommending acceptance of funds from the Virginia Department of Historic Resources for completion of the southwest historic district survey and expansion nomination. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41552-091619) A RESOLUTION authorizing the acceptance of a Certified Local Government grant from the Department of Historic Resources, and authorizing the execution of necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 80, page 566.) Council Member Bestpitch moved the adoption of Resolution No. 41552-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Bestpitch offered the following budget ordinance: (#41553-091619) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources (DHR) for the Southwest Historic District Survey, amending and reordaining certain sections of the 2019 - 2020 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 567.) 330 Council Member Bestpitch moved the adoption of Budget Ordinance No. 41553- 091619. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FY2020 GRANT FUNDS FROM THE DEPARTMENT OF FIRE PROGRAMS: The City Manager submitted a written communication recommending acceptance of FY2020 Department of Fire Programs grant funds. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41554-091619) A RESOLUTION authorizing acceptance of the FY2020 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 80, page 568.) Council Member White-Boyd moved the adoption of Resolution No. 41554- 091619. The motion seconded by Council Member Davis and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.)  331 Council Member Davis offered the following budget ordinance: (#41555-091619) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2019- 2020 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 569.) Council Member Davis moved the adoption of Budget Ordinance No. 41555- 091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) 2019 ROANOKE VALLEY-ALLEGHANY REGIONAL HAZARD MITIGATION PLAN: The City Manager submitted a written communication recommending adoption of the 2019 Roanoke Valley-Alleghany Regional Hazard Mitigation Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41556-091619) A RESOLUTION adopting the Roanoke Valley-Alleghany Regional Commission Regional Hazard Mitigation Plan for communities that are members of the Roanoke Valley-Alleghany Regional Commission; and authorizing the City Manager to take such action as may be needed to implement and administer such Plan. (For full text of resolution, see Resolution Book No. 80, page 570.) 332 Council Member Bestpitch moved the adoption of Resolution No. 41556-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) FY21 AND FY22 REVENUE SHARING PROGRAMS: The City Manager submitted a written communication recommending authorization to submit an application to the Virginia Department of Transportation for funding of the FY21 and FY22 Revenue Sharing Programs for construction or improvement of the City's infrastructure systems. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41557-091619) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) Revenue Sharing Program in the amount of $10,000,000.00 for FY 2021/2022 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 80, page 571.) Council Member White-Boyd moved the adoption of Resolution No. 41557- 091619. The motion seconded by Council Member Price and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.)  333 EASEMENT AT RIVER'S EDGE NORTH TO APPALACHIAN POWER COMPANY: The City Manager submitted a written communication recommending execution of a 15-foot underground utility easement across City-owned property located at River's Edge North, with Appalachian Power Company to provide electric service to recent park improvements. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41558-091619) AN ORDINANCE authorizing the conveyance of a 15-foot wide underground utility easement across City-owned property located at River's Edge North, and designated as Tax Map No. 1040202, to Appalachian Power Company ("APCO"), a Virginia corporation, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 572.) Council Member Price moved the adoption of Ordinance No. 41558-091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: A YES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) CITY OF ROANOKE AND CARILlON CLINIC PROPERTIES, LLC: The City Manager submitted a written communication recommending execution of a parking agreement between the City of Roanoke and Carilion Clinic Properties, LLC, to acquire parking permits for use in the City's downtown Park Roanoke parking system. (For full text, see communication on file in the City Clerk's Office.) 334 Due to having a personal interest in the abovementioned matter, Council Member Osborne read into the record the following Conflict of Interest Statement: "STATEMENT OF CONFLICT OF INTEREST I, Djuna L. Osborne, state that I have a personal interest in Agenda Section 7, Item 7.a.9., of the 2:00p.m. Session of City Council on September 16, 2019, regarding the Execution of a Parking Agreement with Carilion Clinic Properties, LLC, to acquire parking permits for use in the City's downtown Park Roanoke parking system because Carilion Clinic Properties, LLC, is an affiliate of Carilion Roanoke Hospital and my husband is an employee with Carilion Roanoke Hospital. My husband has no interest in Carilion Clinic Properties, LLC, and does not participate in this entity. Therefore, pursuant to Section 2.2-3112 of the Code of Virginia, I will not participate in this matter and I ask that the City Clerk accept this statement and ask that it be made part of the minutes of this meeting. Witness the following signature made this 161h day of September 2019. S/Djuna L. Osborne Djuna L. Osborne, Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41559-091619) AN ORDINANCE authorizing the City Manager to execute a new Parking Agreement between the City and Carilion Clinic Properties, LLC, a non-profit Virginia limited liability company, ("Carilion"); authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement, administer, and enforce such Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 574.)  335 Council Member White-Boyd moved the adoption of Ordinance No. 41559- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Price, White-Boyd and Vice-Mayor Cobb-5. NAYS: None-0. (Mayor Lea was not present when vote was recorded.)(Council Member Osborne abstained from voting.) EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 5550 AND 5540 PRECISION CIRCLE, N. W.: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the Contract for Purchase and Sale of Real Property located at 5550 and 5540 Precision Circle, N. W., between the City of Roanoke and the Roanoke Regional Airport Commission, to extend feasibility study time period until December 19, 2019. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41560-091619) AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for Purchase and Sale of Real Property, date May 22, 2019, (the "Contract") between the City of Roanoke, Virginia (the "City"), and Roanoke Regional Airport Commission ("Buyer"), to sell to the Buyer certain real property located 5550 and 5540 Precision Circle, N. W., Roanoke, Virginia, consisting of 3.02 acres, together with all improvements thereon consisting of City-owned property designated as Official Tax Map Nos. 6640123 and 6640124 (the "Property"), to amend certain terms of the Contract to extend the Feasibility Period, as defined in the Contract, and the Closing Date, as defined in the Contract; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 575.) Council Member Bestpitch moved the adoption of Ordinance No. 41560-091619. The motion seconded by Council Member Osborne. 336 Following comments by the City Attorney regarding the reasons for the Roanoke Regional Airport Commission request for an extension of the Feasibility Period to December 19, 2019, and the Closing Date to March 31, 2020, to complete its due diligence and inspections, Ordinance No. 41560-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) AMENDMENT NO. 3 TO THE CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 13 CHURCH AVENUE, S. E., BETWEEN THE CITY OF ROANOKE AND OLD SCHOOL PARTNERS, II, LLC: The City Manager submitted a written communication recommending execution of Amendment No.3 to the Contract for Purchase and Sale of Real Property located at 13 Church Avenue, S. E., between the City of Roanoke and Old School Partners, II, LLC. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41561-091619) AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the Contract for Purchase and Sale of Real Property, dated June 19, 2019 ( the "Contract") between the City of Roanoke, Virginia (the "City"), and Old School Partners II, LLC, a Virginia limited liability company ("Buyer"), to sell to the Buyer certain real property located at 13 Church Avenue, S. E., consisting of approximately 0.237 acres, together with all improvements thereon consisting of Historic Fire Station No. 1 ("Building"), designated as Official Tax Map No. 4011706 (the "Property"), for the development of the Property and Building by Buyer to include some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality uses limited to hotel rooms, a tasting room, and Live Entertainment ("Property"), to amend certain terms of the Contract to extend the Closing Date, as defined in the Contract; reordaining Ordinance No. 41176-061818, adopted on June 18, 2018, Ordinance No. 41338-121718, adopted on December 17, 2018, and Ordinance No. 41422-041519, adopted April15, 2019, only to the extent not inconsistent with this Ordinance; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 577.)  337 Council Member Price moved the adoption of Ordinance No. 41561-091619. The motion seconded by Council Member Osborne. The City Attorney remarked inasmuch as the Virginia Department of Historic Resources having finalized the terms and conditions of the preservation easement in late August 2019, an amendment to the contract is required in order to obtain all permits and approvals prior to closing. There being no questions and/or comments by the Council Members, Ordinance No. 41561-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) ESTABLISHMENT OF A MONTHLY PARKING FEE AT BRANDON PARKING LOT AND AMENDMENT OF THE FEE COMPENDIUM: The City Manager submitted a written communication recommending establishment of a monthly parking fee at Brandon Parking Lot; and amendment of the Fee Compendium to include the Brandon Parking Lot to the Park Roanoke parking system. (For full text, see communication on file in the City Clerk's Office.) Council Member Osborne offered the following ordinance: (#41562-091619) AN ORDINANCE providing for an establishment of the fees at the Brandon Lot, authorizing the City Manager to issue guidelines to implement, administer, and enforce such fees; 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. 80, page 579.) Council Member Osborne moved the adoption of Ordinance No. 41562-091619. The motion seconded by Council Member White-Boyd. 338 Following discussion regarding changes to the parking fees on weekends at certain City parking garages and possible ramifications from the City's actions, Ordinance No. 41562-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) Council Member Price offered the following resolution: (#41563-091619) A RESOLUTION directing an amendment of the Fee Compendium; and establishing an effective date. (For full text of resolution, see Resolution Book No. 80, page 580.) Council Member Price moved the adoption of Resolution No. 41563-091619. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Fall Waterways Cleanup • Saturday, October 5 • Cleanup will take place from 8:00a.m. to 12:00 p.m. • Volunteer teams from all over the Roanoke Valley will join forces to remove trash from our streams, creeks and rivers and their vicinities. • Since 2001, Fall Waterway volunteers have collected over 275 tons of litter and countless tires from our waterways. • To register your team, visit cleanvalley.org. Go Outside Festival • Friday- Sunday, October 18- 20  339 • River's Edge Sports Complex • This three - day event is presented through a partnership between the City's Parks and Recreation Department and the Roanoke Outside Foundation, with free concerts, outdoor activities, and races. • GO Fest is a celebration of everything outdoors - camping, music, gear, races, and demos, and a beautiful outdoor setting. More information at www. roanokegofest.com Roanoke Police Chief Recruitment • Continuing stakeholders and Council Member interviews • RFP Proposal for search firm to be completed by the end of September 2019. • Established a link on City's webpage with relevant information. REPORTS OF COMMITTEES: APPROPRIATION OF FUNDS FOR 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: (#41564-091619) AN ORDINANCE to appropriate funding from federal grants for various educational programs, amending and reordaining certain sections of the 2019- 2020 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 581.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41564- 091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Davis, Osborne, Price, White-Boyd and Vice-Mayor Cobb-6. NAYS: None-0. (Mayor Lea was not present when vote was recorded.) UNFINISHED BUSINESS: NONE. 340 INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: KICKOFF OF THE CITY'S WELCOMING ROANOKE CAMPAIGN: Kickoff of the City's Welcoming Roanoke Campaign began on Friday, September 13 at 11:00 a.m. at the Roanoke City Market Building. ANNUAL HENRY STREET HERITAGE FESTIVAL: Annual Henry Street Heritage Festival held on Saturday, September 14 in Elmwood Park. At this point, Mayor Lea entered the meeting (4:46p.m.) YOUTH SUMMIT: Sixth Annual Youth Summit scheduled for Saturday, September 21 at William Fleming High School from 10:00 a.m.-3:00p.m. MAURY STRAUSS DISTINGUISHED PUBLIC LECTURE: 2019- 2020 Maury Strauss Distinguished Public Lecture scheduled for Thursday, September 19 at 5:30p.m. at the VTC Biomedical Research Institute at Carilion's Riverside Complex. ELECTRIFYING YOUR RIDE VA EDUCATIONAL EVENT: Electrifying Your Ride VA Educational Event scheduled for Saturday, September 21 from 9:00 a.m. - 1:00 p.m., at 7 Church Avenue, S. W. TRANSIT WEEK: Recognition of Try Transit Week from September 16 - 20, 2019. Valley Metro, in partnership with Ride Solutions and Virginia Department of Rail and Public Transportation promoting transit and educating the public about transit services. Valley Metro will offer complimentary ride vouchers through Ride Solutions. Council and public participation encouraged. TASK FORCE ON GUN VIOLENCE WORKING GROUPS: Task Force on Gun Violence Working Groups scheduled for Monday, September 23 at 6:30 p.m., at the Community Solutions Center. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL:  341 OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Vice-Mayor Cobb called attention to Resolution No. 41545-090319 adopted on September 3, 2019, amending and restating the Roanoke Neighborhood Advocates, noting that five positions were open for two and three-year terms of office, commencing October 1 2019; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the names of Cindy Pasternak, Jamaal Jackson, Charles Wilson, Katelynn Lewis and Sunni Purviance. There being no further nominations, Ms. Pasternak and Messrs. Jackson and Wilson were appointed for three-year terms of office, each, commencing October 1, 2019, and ending September 30, 2022; and Ms. Lewis and Ms. Purviance were appointed for two-year terms of office, each, commencing October 1, 2019, and ending September 30, 2021, as members of the Roanoke Neighborhood Advocates, by the following vote: FOR MESSRS JACKSON, WILSON, MS. PASTERNAK MS. LEWIS AND MS. PURVIANCE: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White- Boyd and Mayor Lea-7. At 4:56 p.m., Mayor Lea declared the Council meeting in recess for a Closed Meeting in Council's Conference Room, Room 451; and thereafter to reconvene at 7:00p.m., in the Council Chamber. At 6:30 p.m., a Special Meeting of the Stockholder of the Greater Roanoke Transit Company, as represented by the Roanoke City Council, was held in the City Chamber, and was called to order, pursuant to notification by the City Clerk dated September 3, 2019, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis, Djuna L. Osborne, Anita J. Price, Patricia White-Boyd 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. 342 Mayor Lea stated the purpose of the special meeting was to discuss, consider, and act upon any recommendations of the Board of Directors of Greater Roanoke Transit Company with respect to a proposed First Reinstated Agreement for the Exchange of four parcels of Real Property within the City Of Roanoke; and disposition of Real Estate owned by Greater Roanoke Transit Company, located in the area of Salem Avenue and Campbell Avenue, S. W., generally known as Campbell Court. The City Attorney submitted a written report recommending City Council authorize the City, as stockholder of GRTC, to ratify, approve and authorize the following actions of the GRTC Board to: Authorize the President and the General Manager to execute the proposed Reinstated Agreement, which proposed agreement includes the transfer of Campbell Court from GRTC to the City. Such Reinstated Agreement shall be approved as to form by the GRTC's General Counsel. Authorize the President and the General Manager to execute such further documents, including a Special Warranty Deed of Conveyance from GRTC transferring Campbell Court to the City in accordance with the terms of the Reinstated Agreement, and take such further actions as may be necessary to implement, administer, and enforce the Reinstated Agreement, and complete the sale and transfer of Campbell Court to the City. Authorize the President and the General Manager to execute such further documents, including the acceptance of a Special Warranty Deed of Conveyance from the City for the sale and transfer of the GRTC Relocation Parcels to GRTC in accordance with the terms of the Reinstated Agreement and take such further actions as may be necessary to implement, administer and enforce the Reinstated Agreement, and complete the acquisition of the GRTC Relocation Parcels by GRTC. Authorize the City Manager and/or the Mayor to execute a certification that the City as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed Reinstated Agreement. (For full text, see copy of report on file in the City Clerk's Office.)  343 Council Member Bestpitch offered the following resolution: (#41565-091619) A RESOLUTION approving of the disposition of Campbell Court as set forth in the First Reinstated Agreement for the Exchange of Real Estate Between the City of Roanoke, Virginia ("City") and Greater Roanoke Transit Company ("GRTC") ("Reinstated Agreement"), as recommended by the GRTC Board; ratifying, approving, and authorizing the actions of the GRTC Board to (i) authorize the President and General Manager of GRTC to execute the Reinstated Agreement; and (ii) authorize the President and/or General Manager to execute such further documents and take such further actions as may be necessary to accomplish the sale of real property and the acquisition of real property; and authorizing the City Manager or the Mayor to execute a certification that the City, as Stockholder of GRTC, approves of the disposition of Campbell Court, as recommended by the Board of GRTC, and in accordance with the proposed Reinstated Agreement. (For full text of resolution, see Resolution Book 80, page 583.) Council Member Bestpitch moved the adoption of Resolution No. 41565-091619. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. At 6:38 p.m., the Mayor declared the Special Meeting of the Stockholder of the Greater Roanoke Transit Company, as represented by the Roanoke City Council adjourned. 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 William D. Bestpitch, Joseph L. Cobb, Michelle L. Davis, Djuna L. Osborne, Anita J. Price, Patricia White-Boyd 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. 344 The Invocation was delivered by The Reverend Charles Wilson, Pastor, The Hill Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Davis 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 seconded by Council Member Price and adopted by the following vote: A YES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd and Mayor Lea-7. NAYS: None-0. PRESENTATIONS AND ACKNOWLEDGEMENTS: 2019 MISS ROANOKE VALLEY'S OUTSTANDING TEEN: The Mayor recognized Haley Day, 2019 Miss Roanoke Valley's Outstanding Teen and presented her with a City gift. 2019 NAACP National ACT-SO Competition: The Mayor recognized London Paige, Bronze Medal Winner, 2019 NAACP National ACT-SO Competition and presented her with a City gift. PUBLIC HEARINGS: ZONING: Having advertised a public hearing to be held regarding a request of Timothy Luck and John McCarty to rezone property, repeal all conditions proffered as part of previous rezoning, and proffer new conditions for property located at 2841 Sand Road, N. E., from RM-1, Residential Mixed Density District, and 1-1, Light Industrial District, with conditions, to RA, Residential-Agricultural District, with conditions, the matter was before the Council.. Inasmuch as the petitioners having requested a continuance of the abovementioned request before the City Planning Commission on Monday, November 11, 2019, the Mayor advised that the item have been withdrawn since City Council has no jurisdiction to hear the matter at this time.  345 2018 - 2019 HUD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the 2018 - 2019 HUD Consolidated Annual Performance and Evaluation Report, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 16, 2019; and The Roanoke Tribune on Thursday, August 22, 2019. (See publisher's affidavit on file in the City Clerk's Office.) 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/comments by the Council Members, Mayor Lea advised that no further action was required. E-911NA811 COMMUNICATIONS CENTER: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to conveyance of City-owned property located at 1830 Blue Hills Drive, N. E., bearing Official Tax Map No. 7280104, in connection with the E-911/Va811 Communications Center, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization of a Declaration of Condominium for joint communications center located at 1830 Blue Hills Circle, N. E., and the sale of condominium unit, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 346 Council Member Bestpitch offered the following ordinance: (#41566-091619) AN ORDINANCE authorizing the City Manager to execute the necessary documents to perform the following actions with respect to the First Amended and Restated Agreement ("Agreement") dated April 17, 2018, between the City of Roanoke, Virginia ("City") and Virginia Utility Protection Service, Inc. ("VA811 "), for the design/build of a proposed joint communications center ("Facility") to be located on real property owned by the City, situated at 1830 Blue Hills Circle, N. E., Roanoke, Virginia 24012, bearing Official Tax Map No. 7280104 ("Property"): (i) for the City, as the declarant and owner of the Property, to establish and create a two unit condominium on the Property, Unit A and Unit B, as such condominium units are described herein, in accordance with the Agreement and the Condominium Documents, for use by the City as an E-911 Center, and for use by VA811 as an 811 Center, together with an undivided interest in the common elements of the condominium; (ii) for the City to retain Unit A, together with an undivided interest in the common elements of the condominium and an exclusive interest in the limited common elements of the condominium; (iii) convey Unit B to VA811 for use by VA811 as an 811 Center; and (iv) ratify and reaffirm the performance of the Agreement by the City and authorize the City to execute all documents in performance of the Agreement by the City and authorize the City to execute all documents in performance of the Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 586.) Council Member Bestpitch moved the adoption of Ordinance No. 41566-091619. The motion seconded by Council Member White-Boyd. 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. 41566-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0.  347 FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE AND GREATER ROANOKE TRANSIT COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Greater Roanoke Transit Company (GRTC) for the sale and exchange of four parcels of real property, collectively referred to as the GRTC Relocation Parcels, and described as (i) 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010113; and 325 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010115, currently owned by Brandon, Woody and Booker, LLC; and (ii) 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010121; and 0 Salem Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1010122, in connection with a new transportation facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of First Reinstated Agreement for the exchange of real estate between the City of Roanoke and Greater Roanoke Transit Company, 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 White-Boyd offered the following ordinance: (#41567-091619) AN ORDINANCE authorizing the City Manager to execute the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia ("City") and Greater Roanoke Transit Company ("GRTC")(the "Reinstated Agreement") to provide for (i) the sale and transfer of the GRTC Relocation Parcels, as described below, to GRTC from the City, and (ii) the acquisition of Campbell Court, as described below, by the City from GRTC; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 588.) Council Member White-Boyd moved the adoption of Ordinance No. 41567- 091619. The motion seconded by Council Member Osborne. 348 The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the following individuals appeared before the Council to express concern regarding the City's acquisition of the abovementioned properties on which the City may operate a passenger rail station for use by the public, redevelopment of Campbell Court facility and future development of the train station: • Bill Chapman, 112 Tempsford Lane, Richmond, Virginia • Helen Tippie, 357 Salem Avenue, S. W. There being no further speakers, the Mayor declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41567-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY OF ROANOKE AND HIST:RE PARTNERS, LLC.: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the First Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and Hist:Re Partners, LLC that authorizes the sale by the City to Developer of 29 Campbell Avenue, S. W. and 30 Salem Avenue, S. W., bearing Official Tax Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129, commonly known as Campbell Court, in connection with a new transportation facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a First Reinstated Agreement for the exchange of real property between the City of Roanoke and Hist:Re Partners, LLC, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.)  349 Council Member Bestpitch offered the following ordinance: (#41568-091619) AN ORDINANCE authorizing the City Manager to execute a First Reinstated Agreement for the Exchange of Real Estate (the "Reinstated Agreement") between the City of Roanoke, Virginia ( the "City") and Hist:Re Partners, LLC ("Developer") to provide for (i) the sale and transfer of Campbell Court, as described below, from the City to the Developer; and (ii) the acquisition of the Future Rail Station Parcels, as described below, by the City from Developer; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 80, page 591.) Council Member Bestpitch moved the adoption of Ordinance No. 41568-091619. The motion seconded by Council Member White-Boyd. 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. 41568-091619 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: Non e-O. PROPOSED SALE OF PROPERTY LOCATED AT 23 CENTRE AVENUE, N. W: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 16, 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to a proposed Contract for Purchase and Sale of Real Property between the City of Roanoke and Roanoke Higher Education Authority, wherein the City proposed to sell a portion of certain real property located at 23 Centre Avenue, N. W., bearing Official Tax Map No. 2013016, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 9, 2019; and The Roanoke Tribune on Thursday, September 12,2019. (See publisher's affidavit on file in the City Clerk's Office.) 350 The City Manager submitted a written report recommending execution of a Contract for the Purchase and Sale of Real Property located at 23 Centre Avenue, N. W., 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: "AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and the Roanoke Higher Education Authority (the "Buyer"), to sell the Buyer an approximately 0.370 acre parcel of City-owned property, such property being a portion of City-owned property located at 23 Centre Avenue, N. W., Roanoke, Virginia, designated as Official Tax No. 2013016, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter; and dispensing with the second reading of this Ordinance by title." Council Member Bestpitch moved the adoption of Ordinance. The motion seconded by Council Member Osborne. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon the following individuals appeared before the Council: • Kay Dunkley, Director, Virginia Tech Roanoke Center at Roanoke Higher Education Center, 108 North Jefferson Street, N. W., spoke in support of the project, noting that project would consist of a pedestrian walkway to the proposed plaza for use by the students; and the funds allocated in the Governor's budget would be used to name the walkway after Oliver Hill, Jr. • Cecile Newcomb, 9 Gilmer Avenue, N. E., stated that the two neighborhood organizations in historic Gainsboro should have been involved in the decision-making process, and suggested that the matter be handled in a respectable manner. • Martin Jeffrey, 421 Fairfax Avenue, N. W., spoke in opposition of the project, and urged the Council to leave the land as is and requested repurposing of funds for scholarships in the name of Oliver Hill, Jr. • Jordan Bell, 5208 Lancelot Lane, N. W., spoke in opposition of the project, noting that input had not been sought from the neighborhood organizations; and suggested funds offered by the Governor be used for education purposes.  351 • Senator John Edwards, Chairman, Roanoke Higher Education Center, spoke in support of a plaza to honor the late Oliver Hill, Jr., which would be an asset to the community by promoting tourism surrounding civil rights in Virginia; and suggested the appointment of a Council designee to serve on a committee, along with a community representative to engage in conversation with neighborhood leaders regarding the current plaza proposal. • Evelyn Slone, Senior Fellow, Hill Studio, 120 Campbell Avenue, S. W., spoke in support of the project that can celebrate the history of the Gainsboro neighborhood, and supports the development of plaza, which would be part of the Higher Education campus and a destination to Henry Street. • Shmura Glenn, 1816 Staunton Avenue, N. W., spoke in opposition of the project, noting that funds were allocated prior to seeking neighborhood input; urged the City to repent for the destruction of the black neighborhoods by urban renewal, and asked Council to postpone action on the matter to allow community involvement since there were many in opposition of the project. • The Reverend Kevin L. McNeil, 1407 22nd Street, N. W., spoke in opposition of the project; and asked Council not to support the proposal since the Higher Education building is not viewed as a civil rights venue, and no community input sought. • Justin Patton, 326 Rutherford Avenue, N. W., spoke in opposition of the project; and suggested the proposed plaza honor , an African American Filmmaker, who for nearly four years in the 1920's worked out of Roanoke, and create another establishment to honor civil rights leader Oliver Hill, Jr. There being no further speakers, the Mayor declared the public hearing closed. Mayor Lea was in favor of appointing a City Council designee to serve on a committee, along with a community representative, to engage in conversation regarding the proposal. He stated it was imperative to educate the public regarding the proposed project; and suggested that the Council consider appointing Council Member White- Boyd to serve as the Council designee. The City Attorney interjected that City Council should not designate a member of City Council to participate in the process since the City of Roanoke is the seller of the property; however a Council Member could attend the meetings and not participate in any discussion. 352 Following extensive dialogue regarding the matter, Council Member Davis moved that the matter be postponed until December 16, 2019 at 7:00 p.m., or as soon as thereafter as the matter may be heard, to allow the Roanoke Higher Education Authority to converse with neighborhood organization leaders and community regarding the proposed construction of a landscaped pedestrian plaza. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. At 9:26p.m., the Mayor declared the Council Meeting in recess. At 9:36 p.m., the Council Meeting reconvened, with Mayor Lea presiding and all Members of the Council in attendance. OTHER BUSINESS: ARCHITECTURAL REVIEW BOARD: Petition for Appeal filed by Legacy Partners, II, Spencer Brand, Co Partner, appealing a decision of the Architectural Review Board denying an amended Certificate of Appropriateness to replace stamped metal roof on main roof with architectural shingles, replace standing on wrap-around porch and roll rubber roof on rear porch with standing seam roof at 801 Marshall Avenue, S. W., the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) Nancy Baer, Co-Partner, Legacy Partners, II, opined that the ruling of the Architectural Rev:iew Board was arbitrary and inequitable and explained that the cost for the in-kind repair was $50,200.00 and with the building tax value at $83,000.00 it was not economically viable given the market value of the homes on Marshall Avenue; and it was decided to place shingles over the entire roof and felt it was consistent because most of the homes in that area were shingled. In summary, Ms. Baer urged the Council to overrule the decision of the Architectural Review Board and issue a Certificate of Appropriateness so that Legacy Partners, II, could continue the endeavor to improve that portion of Marshall Avenue. Council Member Bestpitch commented that as a former resident of Old Southwest, he understood the issues of the historic district; and inquired as to the previous roofing material used on the comparison property at 440 Day Avenue prior to replacement with architectural shingles; whereupon, Ms. Baer replied that the previous roof was made of stamped metal.  353 John Fulton, Chair, Architectural Review Board, presented a report of the Board recommending that City Council affirm its decision to deny the request, which is not consistent with H-2 Guidelines. (For full text, see copy of report on file in the City Clerk's Office.) Since it appeared that the Council meeting would go beyond the 11:00 p.m., adjournment time, Council Member Davis moved to extend the Council Meeting adjournment to a time certain being no later than 11:30 p.m., pursuant to Section 2-15, Rules of Procedure, Rule 1 (A), Code of the City of Roanoke ( 1979), as amended. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-7. NAYS: None-0. Following in-depth discussion of the appeal, Council Member Bestpitch moved to remand the matter to the Architectural Review Board for further reconsideration and consultation. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Osborne, and Mayor Lea-4. NAYS: Council Members Davis, Price and White-Boyd-3. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. CRIMINAL ACTIVITY IN THE NEIGHBORHOOD: Sean Story and Lynn Story, 2903 Mansfield Street, N. E., appeared before the Council with regard to criminal activity in their neighborhood; expressed concern regarding several occurrences or more of theft, vandalism, fights and arguments. The Assistant City Manager of Community Development briefed the Council on the certain details surrounding the criminal activity as abovementioned; and stated that due to extenuating circumstances that involves one of the neighbors next door, the City was not in a position to intervene. During additional questions and comments by the Council Members, Council Member Bestpitch left the meeting (11 :07 p.m.). 354 Following further dialogue, the complaint was referred to the City Manager for follow-up. SAFETY OF CHILDREN IN NEIGHBORHOOD: Amanda Moses, 2813 Mansfield Street, N. E., appeared before the Council regarding safety of children in the neighborhood. NEW BUSINESS: VIRGINIA MUNICIPAL LEAGUE: Council Member Davis offered the following resolution designating the Honorable Patricia White-Boyd as the Voting Delegate, the Honorable Joseph Cobb as the Alternate Voting Delegate; and RobertS. Cowell, Jr., as Staff Assistant for the Annual Virginia Municipal League Business Meeting on Tuesday, October 8, 2019 at the Hotel Roanoke and Conference Center: (#41569-091619) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of resolution, see Resolution Book No. 80, page 595.) Council Member Davis moved the adoption of Resolution No. 41569-091619. The motion seconded by Council Member Osborne and adopted by the following vote: AYES: Council Members Cobb, Davis, Osborne, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 11:16 p.m. APPROVED Sherman P. Lea, Sr. Mayor