City Council

The “New River ” City 10 Robertson St. September 8 , 201 4 Radford, Virginia Regular Meeting Number 4 of Radford City Council, F.Y. 2014-2015 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 Dr. Richard Harshberger, Mr. Daniel Keith Marshall, Mr. Robert Nicholson and Mr. David Michael Turk. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, City Clerk Mr. Basil Edwards, Economic Developer Mrs. Gail Cook-DeVilbiss Following the Pledge of Allegiance, led by Mayor Brown, an invocation was pronounced by Chaplin James Hanager. MINUTE APPROVALS: On a motion by Dr. Harshberger, seconded by Mr. Nicholson that the minutes for regular meeting of August 11, 2014 are approved as presented. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 RESOLUTION SUBJECT: Armory Resolution SUMMARY: The Virginia Department of Military Affairs and the State of Virginia have ceased operations at the Radford National Guard Armory located at 301 Scott Street, adjacent to Radford High School. The real estate includes 5.313 acres of land and 11,500 sq.ft block and brick building. The property was originally donated to the Commonwealth of Virginia in 1954 by the City of Radford. The Department of Military Affairs has offered to convey the site back to the City of Radford by donation. The property has a City tax assessment of $1.5 million. The resolution that City Council is considering accepts the real estate and authorizes development of a deed. A survey and environmental assessment has been conducted on the property. Mayor Brown shared that a lot of work has been done by the Radford Industrial Development Authority, Economic Developer and City Attorney and asked that provide an update on the environmental issues and are there any concerns. Basil Edwards, Economic Developer shared that they did file a Bonafied Prospective purchaser application with DEQ, and what it does is documents all the known environmental issues that the property has. Its on file with DEQ and if we mitigate any of those in the future we will need to do so to DEQ guidelines. It keeps us from being responsible. Mayor Brown stated that was one of the concerns that Council has prior to receiving the property that there weren’t any major environmental issues. Mr. Edwards responded there was an underground storage tank that was removed by the State and that was one of our concerns. The Phase 1 environmental review showed that the property didn’t have former use prior to armory. Mayor Brown asked Gail if we were going to do a quick deed claim on that property. Mrs. Gail Cook-DeVilbiss responded that depending on how you move forward tonight, and if they decide to execute, they have the plats and deeds and they requires a resolution and it all will go to the Governor for him to sign. Mr. Ridpath added that we were overly cautious about looking at this property. Mayor Brown asked if had any plans to revert it back to the IDA or to schools. Mr. Ridpath responded would discuss that with staff and City Attorney to look at options. Vice-Mayor Marshall we need to have input prior to letting it go to make sure its to the best benefit to the City. Mrs. Cook-DeVilbiss shared that looking back thru the history of the Armory we were only one in the State that donated the land and that it could go back to the locality otherwise we could have lost control of it. We got put into a unique position, which was a good thing. Mr. Edwards stated that the engineering firm that they had look at it said the structure is very well built and was excellent fit.. A RESOLUTION ACCEPTING THE DONATION OF REAL PROPERTY AND THE IMPROVEMENTS THEREON BY THE CITY OF RADFORD, VIRGINIA FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MILITARY AFFAIRS, IN THE WEST WARD OF THE CITY OF RADFORD, VIRGINIA, AND CONTAINING 5.313 ACRES, AND IDENTIFIED AS BEING TAX PARCEL NUMBER: 5- (1)-103, ACCOUNT NUMBER: 030000522, AT THE PROPERTY ADDRESS OF 301 SCOTT STREET, RADFORD, VA 24141 WHEREAS, the Commonwealth of Virginia, Department of Military Affairs is the owner of the real property and the improvements thereon, located at the property address of 301 Scott Street, Radford, Virginia, 24141, in the West Ward of the City of Radford, Virginia, containing 5.313 Acres and identified as Tax Parcel Number 5-(1)- 103, Account Number: 030000522 (the “Property”), and which Property is commonly known as the National Guard Armory Facility and is referred to as the Virginia Army National Guard (“VaArng”) Radford Readiness Center (the “Radford Armory Facility”); and WHEREAS, the Commonwealth of Virginia, Department of Military Affairs has been using the Property as an armory facility, but the National Guard unit using the Property has since been disbanded, and the Property is no longer being used as an armory facility; and WHEREAS, pursuant to §44-139 of the Code of Virginia, as amended, upon the disbandment of the National Guard unit using the Property as an armory facility, the Property shall revert to the City of Radford, Virginia, as the City of Radford originally donated the area and land of the Property to the Commonwealth of Virginia, Department of Military Affairs for use as an armory facility as set forth in a Deed dated July 19, 1954, from the City of Radford, Virginia to the Commonwealth of Virginia, Department of Military Affairs, recorded in the Clerk’s Office of the Circuit Court of the City of Radford, Virginia, in Deed Book 57, at Pages 516-517, and the Department of Military Affairs has offered to donate and to convey the ownership of the Property back unto the City of Radford; and WHEREAS, the City Council has determined that the Property is a valuable asset, and that by accepting the donation of the Property from the Commonwealth of Virginia, Department of Military Affairs would be beneficial for the citizens of the City of Radford; and WHEREAS, pursuant to §15.2-1803 of the Code of Virginia, as amended, a Resolution is required by the City Council to accept the donation and transfer of the ownership of the Property from the Commonwealth of Virginia, Department of Military Affairs to the City of Radford, Virginia; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Radford, Virginia, that: The City Council hereby accepts the donation of the Property unto the City of Radford, Virginia, from the Commonwealth of Virginia, Department of Military Affairs, as set forth and described in substantially the same form of the Quitclaim Deed attached hereto and made a part hereof, pursuant to the authority of §44-139 and §15.2-1803 of the Code of Virginia, as amended; and The City Manager is hereby authorized and directed to join into and to execute the final form of Quitclaim Deed to signify the approval and acceptance of the acquisition and ownership of the Property, for and on behalf of the City of Radford, Virginia, as provided for in this Resolution of acceptance of the Property, and this City Council’s acceptance of the Property described and set forth in the form of the Quitclaim Deed, attached hereto, from the Commonwealth of Virginia, Department of Military Affairs unto the City of Radford, Virginia, and in substantially the same form of the Quitclaim Deed, attached hereto, pursuant to the authority and the requirements the acceptance of Property as set forth in §15.2-1803 of the Code of Virginia, as amended; and The City Manager and the City Attorney are further authorized to proceed with and to take such addition action as may be necessary or required to finalize the transfer of the Property unto the City of Radford from the Commonwealth of Virginia, Department of Military Affairs, and to protect the interest of the City of Radford, as set forth and provided for herein, The City Attorney is herein authorized to approve the final form of the Quitclaim Deed for the conveyance of and the acceptance of the Property for and on behalf of the City of Radford, Virginia, as to form and content and shall further be responsible to see to the recordation of the Quitclaim Deed and the transfer of the Property to the City of Radford, Virginia; and The City Clerk shall provide a certified copy of this acceptance and approval Resolution to the Commonwealth of Virginia, Department of Military Affairs, for the recordation of the final Quitclaim Deed of conveyance of the Property, and the City Clerk shall attest to and acknowledge the same, and shall place the officialseal of the City of Radford, upon the Quitclaim Deed, or upon any such other documents as may be necessary or required to finalize the acceptance and the transfer of the ownership of the Property unto the City of Radford, Virginia, from the Commonwealth of Virginia, Department of Military Affairs; and AND BE IT FURTHER RESOLVED, that the City Clerk shall attest to the signature of the aforesaid duly authorized and appointed representative of the City upon the execution thereof. This Resolution shall be effective from and after the date of its adoption, this 8th day of September, 2014. Mr. Nicholson made a motion, seconded by Mr. Marshall to approve the foregoing Resolution, as presented: VOTE: Mr. Turk: Yes Mr. Marshall: Yes Dr. Harshberger: Yes Mr. Nicholson: Yes Mayor Brown: Yes _______________________________ Dr. Bruce Brown, Mayor ATTEST: _________________________  Melissa A. Skelton, City Clerk ACTION: Mr. Nicholson made a motion to approve the resolution as presented, Mr. Marshall seconded the motion. VOTE: Dr. Harshberger Yes Mr. Marshall Yes Mr. Nicholson Yes Mr. Turk Yes Mayor Brown Yes PROCLAMATION SUBJECT: Radford High School Hall of Fame SUMMARY: The Radford High School Hall of Fame Committee has requested that City Council considers recognizing the week of September 8, 2014 through September 14, 2014 as “Radford High School Hall of Fame Week” and that Saturday, September 13, 2014 be recognized as “Radford High School Hall of Fame Day!” Nine new members will be inducted into the Hall of Fame for 2014, bringing the total number of athletes to sixty-seven. CITY OF RADFORD PROCLAMATION WHEREAS, the City of Radford and Radford High School has a special and valued tradition in supporting its student- athletes, and WHEREAS, Radford High School established its Hall of Fame in 2008 and created a committee of Radford citizens to help select the finest members to their Hall of Fame, and WHEREAS, Radford High School has now inducted 58 student athletes in to the Hall of Fame, sixteen (16) members in 2008, ten (10) members in 2009, nine (9) members in 2010, seven (7) members in 2011, eight (8) members in 2012, eight (8) member in 2013 and WHEREAS the Hall of Fame committee for Radford High School has voted and will induct nine (9) new members into the RHS Hall of Fame on September 13, 2014 at the Radford High School Auditorium, and Class of 2014 Harry Bond, Jr -50’s J.C. Caudell-70’s Charles William “Chuck” Housel-60’sHomer Anthony (Wooster) Pack-80’s Barry R. Miller-70’s Angelique “Angie” Edwards-80’s Steven L. Hypes-70’s R.A. (Buddy) Shull-Coach Timothy Donald (Don) Dobbins-Contributor WHEREAS the Hall of Fame Induction Ceremony takes place the Saturday following the Friday night football game against our Fort Chiswell, and NOW THEREFORE, in recognition and celebration of our great student-athletes, BE IT HEREBY PROCLAIMED that the week of September 7, 2014 through September 13, 2014 be known as RADFORD HIGH SCHOOL HALL OF FAME WEEK, and that Saturday September 13, 2014 be RADFORD HIGH SCHOOL HALL OF FAME DAY and that each honoree be given a copy of this Proclamation as a gesture of the City of Radford’s appreciation for their days “on the hill” as a Bobcat. ______________________________  Bruce E. Brown, Mayor ATTEST: ______________________________ Melissa Skelton, City Clerk Adopted: September 8, 2014 Mr. Marshall read the proclamation for the benefit of the audience. ACTION: Mr. Marshall made a motion to approve the proclamation as presented, Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 Mr. Irby accepted the Proclamations and thanked City Council for their continued support. PUBLIC HEARING SUBJECT: Special Use Permit, Duplex- Scott Hill SUMMARY: Scott and Angela Hill have requested a Special Use Permit to allow the construction of a duplex on their property at 106 Sullivan Street, and identified as tax parcel number 6-(1)-26. The property is zoned R-3 (residential) and requires a Special Use Permit to develop a duplex. The existing house on the property would be removed to accommodate the new structure. Mr. Howard, Planning Commission Chair, called the meeting of the Radford City Planning Commission to order and asked for roll call. Mr. Armentrout - present Mr. Nicholson - present Ms. Pearce - present Mr. Watson - present Mr. Howard - present Mr. Gilmore – present Mr. Howard determined a quorum was present. Mayor Brown opened the public input hearing at 7:23 p.m. No Comment Mayor Brown closed the public input hearing at 7:23 p.m. Clerks note: Notice of the public hearing has been duly advertised. OLD BUSINESS SUBJECT: Consider Second reading of Ordinance #1662 – Storm Water Management Act. SUMMARY: The Virginia Storm water management Act requires localities to adopt a storm water management controls that addresses state and local plan requirements, pollution prevention, permitting, inspection, enforcement and fees. Ordinance #1662 was developed by the City of Radford to address the state legislation established by the Virginia code section 62.1-44.15.27. A public hearing and first reading was held at the Council meeting on May 12, 2014. Provisional approval has been given from the oversight agency, the Department of Environmental Quality. However, their review of the “Ordinance” has not been completed at the time of the development of the agenda. ACTION: Deferred to September 22, 2014 meeting. SUBJECT: Consider Second reading of Ordinance #1663 – Rezoning Westside Crossing SUMMARY: The project known as Westside Crossing, located on the corner of Lawrence St. and Second Avenue requires the rezoning of four land parcels that have “split” zoning. These parcels, identified as 6-13-3, 4, 5 and 7 are partially zoned R-3 (single family residential). R-4 (multi-family) is required to support the apartment complex. These parcels were required by the developer after the project began, from Radford City Schools. Council Member Turk asked to delay reading until next Council meeting, he has a legal question that he would like to discuss prior to voting. Mayor Brown stated that it will be deferred to the meeting on September 22, 2014. CITIZEN COMMENTS: Joe Sheffey – Chair of Pulaski County Board of Supervisors, mentioned the friendly wager that he and Mayor Brown have been doing for a number of years, the loser of the Pulaski/Radford game would have to wear the other community’s football shirt, it has been fun. He commended this council for all they do; this is his 27th year on the Board of Supervisors, with 19 of them being Chair and sitting in the audience is a whole lot different than sitting on the bench. He share in reference to the Hall of Fame Proclamation, that last year, he had gone to the event because one of his closest friends from high school was represented and it was a great event. He mentioned that today he had chance to meet with Secretary Jones, Secretary of Commerce and Secretary of Agriculture, they were touring Red Sun Farms and Secretary Jones as what is the New River Valley doing to make is seem to be working. Mr. Sheffey shared that he responded that we have been working together with other communities and Universities and that makes a difference. Chairman Sheffey shared the main thing he wanted to say is Mayor Brown looked extremely well in that Cougar jersey. On behalf of the citizens of Pulaski, it has been a great activity for both communities. Mayor Brown thanked Chairman Sheffey for being here tonight. NEW BUSINESS SUBJECT: Consider Appropriation Ordinance 1660.06: $3,268 for Department of Social Services SUMMARY: The Department of Social Services has received $3,268 in funding from state and federal sources to support the Independent Living Program. The revenue will be used to support education and training. The funds were not included in the development of the F.Y. 2015 Budget, therefore requiring an Appropriation. ACTION: Mr. Nicholson made a motion to place 1660.06 on its first reading, Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 ACTION: Mr. Nicholson made a motion to dispense with the second and final readings and approve Appropriations 1660.06, Dr. Harshberger seconded the motion VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Award 2016 reassessment contract SUMMARY: The City of Radford has requested proposals from professional fimrs to conduct the 2016 citywide property assessment. The City received one proposal from Wampler Eanes Appraisal Group in the amount of $80,000. The company met all of the specifications requirements, provided numerous letters of recommendations and has experience in Radford by conducting the 2008 and 2012 reassessments. ACTION: Mr. Nicholson made a motion, to approve the contract to Wampler Eanes, Mr. Turk seconded the motion. Mr. Marshall said he was curious why only one company provided a bid. David shared that not a whole lot of companies who have expertise and in this case there’s a lot of background work that is required and suspect that why. Mr. Marshall asked if it was advertised. Mr. Ridpath stated yes it was advertised and notices sent out and was a proposal conference that Ms. Flinchum held. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Award bid for Water Plant Chemicals SUMMARY: The Water Department received bids for one of the significant chemicals, Poly Aluminum Chloride (PAX XL8), used in our treatment process of potable water. The City only received one bid from Kemira for $.165/ liquid pound. The city uses 118 tons of the chemical each year. The total cost is $39,000 which was programmed in the F.Y 15 Annual Budget. ACTION: Dr. Harshberger made a motion, to accept bid from Kemira, Mr. Marshall seconded VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CITY MANAGERS COMMENT: Mr. Ridpath informed Council and audience that the Highlander Festival was ramping up and there will be a number of new events, so come out and support. He mentioned that the Second Avenue had been closed a bit over weekend and is about 90% done, they will be looking at a design change that may be necessary due to the rock. They are still looking at November to have substantial completion of the project. Mayor Brown asked if they will be doing a top coat of pavement around the Armentrouts house. Mr. Ridpath responded that they will at a later time. He shared that a couple of stormwater/sewer projects were being done on 10th Street. Mayor Brown added that the new fields are really looking good down at Dudley’s Landing right now. Mrs. Cook DeVilbiss thanked Mr. Edward for all his help with the Armory. COUNCIL MEMBER COMMENTS: Dr. Harshberger mentioned he was pleased to receive the Radford Transit Annual report and to see a 6 percent increase in ridership and that it’s continuing to grow. Mayor Brown complimented Mrs. Cook DeVilbiss, Mr. Edwards and Mr. Ridpath with the Armory resolution, there was a time they would have gone into closed session because it was property and real estate, but the hallmark of this council for last four years is to be as transparent as we can. We work hard to do right thing for right for the right reason and we do it from the information that we have at the time. He appreciates the Planning Commission’s work here tonight. Mr. Marshall made a motion to adjourn the meeting at 7:44p.m., Mr. Nicholson seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 ATTEST: _____________________________ Melissa Skelton, City Clerk