City Council

The “New River ” City 10 Robertson St. September 10 , 2012 Radford, Virginia Meeting Number 5 of Radford City Council, F.Y. 2012-2013 The regular meeting of the Radford City Council was convened at 7:00 p.m. in Council Chambers, 10 Robertson Street, Radford, VA. The Mayor of the City, Dr. Bruce Brown, was present and presiding. Other members of City Council present were Mr. Cox, Dr. Richard Harshberger, Mr. Keith Marshall, and Mr. Robert Nicholson III. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, City Clerk Mr. Donald Goodman, Chief of Police Mrs. Gail Cook-DeVilbiss, City Attorney Following the Pledge of Allegiance, led by Mayor Brown, the invocation was pronounced by Jim Hanagar. MINUTES APPROVAL: On a motion by Dr. Harshberger, seconded by Mr. Cox that the minutes of August 27, 2012 were approved with correction. Mr. Cox corrected his statement that he did foresee concerns regarding the Urban Archery and Cross Country. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 PROCLAMATION: SUBJECT: Family Day SUMMARY: September 24, 2012 is recognized nationally, as “Family Day”. The National Center of Addiction and Substance Abuse have found that the more kids eat dinner with their families, the less likely they are to drink, smoke and use drugs. This proclamation encourages citizens to recognize “Family Day –a day to eat e\dinner with your children”. CITY OF RADFORD PROCLAMATION WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-bein of America's children; and WHEREAS, 17 years of surveys conducted by The National Center on Addiction and Substance Abuse at Columbia University (CASAColumbiaTM)have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, frequent family dining is associated with lower rates of teen smoking, drinking, illegal drug use and prescription drug abuse; and WHEREAS, the correlation between frequent family dinners and reduced risk for teen substance abuse is well documented; and WHEREAS, parents who are engaged in their children’s lives – through such activities as frequent family dinners – are less likely to have children who abuse substances; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America: Now therefore, the City Council of the City of Radford does hereby proclaim September 24, 2012 as Family Day – A Day to Eat Dinner with Your Children and urge all citizens to recognize and participate in its observance. _____________________ Bruce Brown, Mayor ATTEST:________________________ Melissa Skelton, City Clerk Adopted: September 10, 2012 ACTION: Mr. Nicholson made a motion to approve the proclamation as presented and authorizes the Mayor to sign and Ms. Skelton to attest, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 JOINT PUBLIC HEARING: William Foster request for Special Use Permit Mayor Brown opened the public hearing at 7:06. Mr. Howard, Planning Commission Chair, informed Council that the Commission has a quorum and is ready to vote this evening. Mayor Brown closed the public hearing at 7:06 Mr. Howard asked the Commissioners if there is a motion. Mr. Gilmore made a motion to recommend approval of the Special Use Permit as presented. Mr. Shelor seconded the motion. VOTE: Mr. Gilmore Yes Mr. Nicholson Yes Ms. Pearce absent Mr. Shelor Yes Mr. Turk Yes Mr. Watson Yes Mr. Howard Yes Clerk’s Note: Notice of the public hearing was duly advertised. REPORT SUBJECT: Urban Archery – Councilman Keith Marshall SUMMARY: At the Council meeting on August 13, 2012, the Mayor requested that a committee chaired by Councilman Marshall, look into the issues associated with “Urban Archery. Mr. Marshall shared that he appreciates the opportunity to talk Urban Archery and the committee consisting of Mr. Ridpath, Sheriff Armentrout, Mr. Howard and himself met with the purpose of working out a compromise for safe venue for both hunters and cross country runners. He stated that all members were in agreement that they want to be able to provide our kids an opportunity to use it as a cross country trail. But have a lot of questions that we feel need to be answered. What are the exact plans for the cross country trail, what days of the week will they being using the trail, during what hours and where are they going to park? No formal recommendation has been provided to the City. He stated that the committee recommend to Council to allow hunting to continue as of October 1st and when the season ends on March 30th to then take a serious look at a compromise for the next season. Hunting is not allowed by state law on Sundays so the Cross Country team can use the trail safely on that day. It is important to get input from the school board, they may not even be interested in the cross country trail. The committee will have additional members when we begin looking at it after hunting season. Frank Taylor has showed interest and we look forward to working hard to come up with a dual use for the property. Mayor Brown thanked the committee for getting the ball rolling and agreed that it is important to get the school involved. Mr. Nicholson asked who the future committee would be comprised of. This is public land with the potential for future public use, shouldn’t we include someone from the Recreation Committee? Mr. Marshall agreed. Mrs. DeVilbiss stated that urban archery is a City project. We need to be very clear whose project the cross country trial is. It will have to either be a City or School project due to liability issues. Mr. Marshall said this is why we thought it would best to let the hunter hunt while we figure it out. Mayor Brown added that we really are trying to figure all this out. Gail is on target, who’s overseeing and maintaining it. We need to get all people together to get this all worked out; we did make a mistake and need to fix it. Mrs. DeVilbiss suggested that we need to have the Police Department involved. Mr. Cox apologized to Council and asked for forgiveness for not having gone through the proper political process for the cross country trail. There has been some discussion with Superintendant Greer and Assistant Superintendant Graham, and should have gone through the School Board. My concern about the committee meeting is that there was no one there who was involved in the project. So they didn’t know any of the details of the project. The Cross Country team uses the course everyday and Coach Carrow would like access until first week of November for State competition. Mayor Brown stated that the team wanting to use the course until November was news to me; I thought the season ended at end of September, there seems to be a lack of communication. Coach Wade and Coach Carrow need to bring this project before the School Board. He asked Mr. Cox if he was going to tomorrow night’s School Board meeting as a councilman or a citizen. Mr. Cox responded that he was going as a citizen. Mr. Marshall commented towards Mr. Cox that I think it is a good effort and eventually will have a Cross Trail that they can use, but things have been done outside of the process which can cause hard feelings. Mr. Frank Taylor agreed that we can work this out but just need to follow the right process and need to be fair to both sides. Dr. Harshberger stated that what makes this site so attractive is the ruggedness of the course which helps with the kids training. Mayor Brown agreed that it would be a good place to train, but for now until it’s gone through the necessary process that the hunters can begin hunting on it beginning October 1st. CITIZENS COMMENTS Tim Quesenberry, Radford resident asked Council if people were allowed to drag the deer out of crackers neck by use of ATV. Mayor Brown responded that he thinks that was an option. Mr. Quesenberry stated that he had noticed someone else had been doing that and wanted clarification. Mayor Brown stated that its time that we revisit regulations like this to be sure that they are still applicable. Mr. Marshall shared if you allow four wheelers then we have a bunch of people who become a liability to the City. Mr. Quesenberry stated that once you kill a deer, you don’t have much time to get it out and being able to use an ATV to drag it out would be helpful. Mr. Howard asked for clarification, are we talking about Crackers Neck or in Plan B, because in the Crackers Neck agreement that was done years ago, the only ATV that is allowed is by law enforcement and adjacent property owners, who have been abusing that. State law says you can’t ride on property without written permission. NEW BUSINESS SUBJECT: Ordinance 1641 – Special Use Permit for William Foster SUMMARY: This Ordinance will allow William Foster to convert a single family home into a duplex. The property is zoned R-3 (single-family) which the Zoning Ordinance allows duplexes with a special use permit. ACTION: On a motion by Mr. Nicholson, to receive planning commission recommendation seconded by Mr. Cox, relative to Ordinance 1641. Mr. Nicholson commented to Mr. Howard that one of my concerns is there any provision for sunset of how long this should happen. Mr. Howard responded that they have discussed with Ms. Skelton for setting time limits on project and would like to get with legal to discuss it because we welcome the opportunity to hold those developers feet to the fire. Mrs. DeVilbiss shared that rezoning and special use permits should be conditional. Mr. Nicholson asked if we could revisit those rezoning/special use permits that have already been approve and give them conditions or is what’s done is done. Mrs. DeVilbiss responded that no we cannot go back, what’s done is done and from here on out we should set time limits on projects. Mrs. DeVilbiss stated that Melissa Skelton and I have had this discussion on this issue. And as stated previously you can put a time frame as a condition on a rezoning or special use permit. If not completed say within 18 months then the Ordinance is void. Larry Sams, contractor, spoke on behalf of William Foster shared that the project is ready to start immediately. Financing is in place but in the event that something does delay the project, 18 months seems fair. I’m supposed to be done by end of semester. Mayor Brown thanked Mr. Sams for coming. ACTION: Mr. Nicholson made a motion to approve ordinance # 1641 with the amendment that the project must be completed 18 months from today’s date, seconded by Mr. Marshall. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 ACTION: Mr. Nicholson made a motion to dispense with the second and final reading, seconded by Dr. Harshberger. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Appropriation Ordinance 1634.07: $7,126 for Community Development Block Grant SUMMARY: The City provided assistance to Beans and Rice for the development of the “Hickman House” project in 2007, through a portion of its annual CDBG allocation. The project has not moved forward and HUD is requiring that the funds be appropriated back to the CDBG program. The funds will be reallocated back to Radford for another project. ACTION: Mr. Cox made a motion, seconded by Mr. Nicholson, to place Appropriation Ordinance 1634.07: $7,126 on its first reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 ACTION: Mr. Cox made a motion, seconded by Mr. Nicholson, to dispense with the second and final reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Appropriation Ordinance 1634.08: $8,625 DMV Alcohol Grant SUMMARY: The VA Department of Motor Vehicles has awarded the City of Radford a grant that will be used towards improving roadway safety by targeting drunk driving enforcement by paying for overtime and training for Police officers. ACTION: Mr. Marshall made a motion, seconded by Dr. Harshberger to place Appropriation Ordinance 1634.08: $8,625 on its first reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 ACTION: Mr. Marshall made a motion, seconded by Dr. Harshberger, to dispense with the second and final reading. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 SUBJECT: Consider contract for F.Y. 2013 Rock Salt SUMMARY: Three bids were received from vendors to supply this product that is necessary to reduce icing conditions on City streets during the winter months. The low bidder is North America Salt, Co. ACTION: Mr. Nicholson made a motion to the approve contract to North America Salt, Co at $79.20/ton, Dr. Harshberger seconded the motion. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 CITY MANAGER’S REPORT: Mr. Ridpath stated that the bids for the Second Avenue project went out on Sunday and we hope to have them come in at a reasonable price. CITY ATTORNEY COMMENTS Mrs. DeVilbiss informed Council that the bids for the Second Avenue Project are due October 9th and request that Council schedule a special meeting on Wednesday October 17th to consider the Ordinance for the bond. The timing is crucial and believes an additional meeting is needed to ensure that the project moved forward as scheduled. Mr. Ridpath added that we have been waiting on VDOT approval which took awhile. Gail and I are trying to get all the pieces together and now the Federal Government is ready to sell the bonds. So we would like an extra meeting to be sure there is adequate time for Council to make decisions on the project. Mr. Nicholson asked if the bids come in over budgeted, are there add ons that we can take off to lower the cost, correct? Mr. Ridpath responded that there are add ons that can come out and lower the cost if they come in over budgeted. Mr. Nicholson said that at least we have some options. Mrs. DeVilbiss asked Council to formally approve a resolution to establish a special meeting on October 17 at 5:00. Mr. Nicholson made a motion to establish a special meeting for October 17, 2012 at 5:00 pm, seconded by Mr. Cox. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 Mrs. DeVilbiss shared that she had failed to report to Council at their last meeting that the bond with Willow Woods has gone through about three weeks ago and they have begun construction. CITY COUNCIL COMMENTS: Mayor Brown mentioned that there are a number of vacancies on the City’s Boards and Commission; we need people to get involved. Mr. Nicholson said as a follow to Mayor Browns comment about the Boards and Commissions, if we could see broader look at the current Boards and Commission members and not just the list of vacancies, we can get a broader picture of who is serving and make sure we are not overloading people on a number of Boards and Commission. It would be nice to get a list name of each person and all the boards they sit on. Mayor Brown added something like an inventory of people who are serving. Mr. Armentrout stated that they had several members of staff who sit on additional boards other than ones established by the City. Do you want to have those compiled as well? Mr. Ridpath agreed that it would be good to compile that list as well. Dr. Harshberger shared that the Radford High School Drama Department is holding a talent show on September 23rd. The winner of the show will move onto to the next stage of the talent show, sponsored by Shelor Motor Mile, where the winner of that will get $20,000 towards its high school and personally receiving $2,500. We are encouraging our students to audition. Mr. Marshall wanted to share how impressed he is with the development of the new playfield down at Riverview. He walked around the field with Greg Holbrook and you had the Electric Department working on one end of the field and Public Works on the other end, it looks great. When I was a kid that is where we played football. Also, the soccer fields now have a lit field to play on. The new fields that are being developed at the old DG’s site is coming along great, a special thanks to David for supporting it and helping to figure out a way to fund it without borrowing money. Mr. Cox asked Mr. Ridpath if Bill Willis was back to work. Mr. Ridpath responded no. Prayers are needed for Bill. Mayor Brown informed the audience that we are scheduling a retreat with School Board along with a separate Council retreat. He also stated that he will talk with Mr. Howard and ask the Planning Commission to take a look at the creeping of student housing into the neighborhoods. I don’t know if there is anything that can be done but need to look at options to try and help maintain the integrity of the neighborhoods. Dr. Harshberger made a motion to adjourn the meeting at 8:30p.m., Mr. Cox seconded the motion. VOTE: AYES: Mr. Cox, Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mayor Brown NAYES: None-0 ATTEST: _________________________________ Melissa A. Skelton, City Clerk of Council