City Council

The “New River ” City 10 Robertson St. November 10 , 201 4 Radford, Virginia Regular Meeting Number 8 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, City Attorney Mrs. Jenni Wilder, Public Information Officer Mr. James Hurt, City Engineer Following the Pledge of Allegiance, led by Mr. Nick Nicholson, an invocation was pronounced by Mr. Jason Vaughn. PROCLAMATION SUBJECT: Veteran’s Day SUMMARY: The Proclamation formally recognizes Veteran’s Day in Radford on November 11, 2014 and the men and women who have represented our community in serving our nation and the ideals of freedom, justice and liberty. Dr. Harshberger read the proclamation for the benefit of the audience. ACTION: Mr. Nicholson made a motion to approve the proclamation as presented, Mr. Marshall seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 MINUTE APPROVALS: On a motion by Mr. Nicholson, seconded by Mr. Marshall that the minutes for regular meeting of October 27, 2014 are approved as presented. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 ABSTAIN: Dr. Harshberger RECOGNITION: Click-it or Ticket SUMMARY: The Police Department has received an award from the Division of Motor Vehicles for the highest seatbelt use among communities of similar size in the Commonwealth. The award recognizes the importance of seat belt use in driver safety, as well as the department’s education and enforcement activities. Representatives from the Police Department and Steven Williams, from DMV will make the presentation. Chief Goodman presented the recognition. OLD BUSINESS SUBJECT: Consider Second reading of Ordinance #1665 – Special Use Permit for Duplex for Scott & Angela Hill. SUMMARY: Scott & Angela Hill have requested a Special Use Permit to allow the construction of a duplex on their property at 106 Sullivan Street, identified as tax parcel numbers 6-(1)-25 and 6-(1)-26. The property is zoned R-3 (residential) and requires a Special Use Permit to develop a duplex. At their October 13, 2014 meeting, City Council approved Ordinance # 1665 on its “first reading”. ACTION: Mr. Marshall made a motion, to approve Ordinance #1665 on its second and final reading, Mr. Turk, seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CITIZEN COMMENTS: No Comments NEW BUSINESS SUBJECT: Transportation Enhancement Resolution– McHArg Elementary School Safe Routes to School Project SUMMARY: Transportation Enhancements would be surveyed, designed and constructed from McHarg Elementary School to Forest Park. The project would include 2,475 linear feet of sidewalk along Twelfth Street and Preston Street, related crosswalks, stop bars, ADA requirements and signage to improve pedestrian safety, as well as asphalt and storm water improvements. The project focuses on the Safe Routes to School initiative by better connecting our schools to the nearby residential neighborhoods. The project cost is $696,879, with a 20% local match of $139,376. A resolution supporting the project is required with the application to the Virginia Department of Transportation. The project is a part of our “Sidewalk Masterplan”. RESOLUTION Transportation Alternatives Project Endorsement – Safe Routes To School Sidewalk Improvements - McHarg Elementary School Whereas, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation to establish a Transportation Alternatives project in the City of Radford, Virginia. Now, Therefore, Be It Resolved, that the City of Radford, Virginia, requests the Commonwealth Transportation Board to establish a project for the improvement of Sidewalk Improvement Project – SRTS – McHarg Elementary School. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to provide a minimum 20 percent matching contribution for this project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to enter into a project administration agreement with the Virginia Department of Transportation and provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, will be responsible for maintenance and operating costs of any facility constructed with Transportation Alternatives Program funds unless other arrangements have been made with the Department. Be It Further Resolved, that if the City of Radford, Va., the project sponsor, subsequently elects to cancel this project the City of Radford, Va. hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The City of Radford, Va. also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. Be It Further Resolved, that the City Council of the City of Radford, Va. hereby grants authority for the City Manager to execute project administration agreements for any approved transportation alternatives projects. This Resolution of the City Council of the City of Radford, Virginia is hereby effective as of the date of its passage. 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 Skelton, City Clerk Approved: November 10, 2014 ACTION: Mr. Nicholson made a motion to approve the resolution as presented, Mr. Marshall seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Transportation Enhancement Resolution– Radford University Area Pedestrian Improvements SUMMARY: Transportation Enhancements would be surveyed, designed and constructed from Jefferson Street to Burlington Street, along Downey Street and Clement Street. The project would include 3,100 linear feet of sidewalk along one side of Downey Street and Clement Street, related crosswalks, stop bars, ADA requirements and signage to improve pedestrian safety, as well as asphalt and storm water improvements. The project focuses on the Map-21 Transportation Alternatives Program by improving facilities for the high volume of pedestrian safety in the University area. The project cost is $814,878, with a 20% local match of $162,976. A Resolution supporting the project is required with the application to the Virginia Department of Transportation. The project is also a part of our “Sidewalk Masterplan”. RESOLUTION Transportation Alternatives Project Endorsement Sidewalk Improvements - Radford University Whereas, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation to establish a Transportation Alternatives project in the City of Radford, Virginia. Now, Therefore, Be It Resolved, that the City of Radford, Virginia, requests the Commonwealth Transportation Board to establish a project for the improvement of Sidewalk Improvement Project – Radford University. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to provide a minimum 20 percent matching contribution for this project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to enter into a project administration agreement with the Virginia Department of Transportation and provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, will be responsible for maintenance and operating costs of any facility constructed with Transportation Alternatives Program funds unless other arrangements have been made with the Department. Be It Further Resolved, that if the City of Radford, Va., the project sponsor, subsequently elects to cancel this project the City of Radford, Va. hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The City of Radford, Va. also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. Be It Further Resolved, that the City Council of the City of Radford, Va. hereby grants authority for the City Manager to execute project administration agreements for any approved transportation alternatives projects. This Resolution of the City Council of the City of Radford, Virginia is hereby effective as of the date of its passage. Mr. Nicholson made a motion, seconded by Dr. Harshberger 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 Skelton, City Clerk Approved: November 10, 2014 ACTION: Mr. Nicholson made a motion to approve the resolution as presented, Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Transportation Enhancement Resolution– Main Street Traffic Signalization Study SUMMARY: The traffic signalization system on East and West Main Street would be evaluated from Jefferson Street to Wadsworth Street. The project would include planning, traffic counts and design on the ten intersections along these streets to determine the course of action and related cost for system upgrades, improved traffic responsiveness and handling capacity, as well as emergency vehicle preemption. The existing equipment is twenty-five years old and technology is much improved with new systems. The project planning cost is $82,500, with a 50% local match of $41,250. A Resolution supporting the project is required with the application to the Virginia Department of Transportation. RESOLUTION Transportation Alternatives Project Endorsement Sidewalk Improvements - Radford University Whereas, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation to establish a Transportation Alternatives project in the City of Radford, Virginia. Now, Therefore, Be It Resolved, that the City of Radford, Virginia, requests the Commonwealth Transportation Board to establish a project for the improvement of Sidewalk Improvement Project – Radford University. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to provide a minimum 20 percent matching contribution for this project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, hereby agrees to enter into a project administration agreement with the Virginia Department of Transportation and provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. Be It Further Resolved, that the City of Radford, Va., the project sponsor, will be responsible for maintenance and operating costs of any facility constructed with Transportation Alternatives Program funds unless other arrangements have been made with the Department. Be It Further Resolved, that if the City of Radford, Va., the project sponsor, subsequently elects to cancel this project the City of Radford, Va. hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. The City of Radford, Va. also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. Be It Further Resolved, that the City Council of the City of Radford, Va. hereby grants authority for the City Manager to execute project administration agreements for any approved transportation alternatives projects. This Resolution of the City Council of the City of Radford, Virginia is hereby effective as of the date of its passage. Mr. Nicholson made a motion, seconded by Dr. Harshberger 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 Skelton, City Clerk ACTION: Dr. Harshberger made a motion to approve the resolution as presented, Mr. Turk seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Small Business Saturday Proclamation SUMMARY: Saturday, November 29, 2014 is nationally recognized as “Small Business Saturday”. The Proclamation is a local designation and recognition of the importance of small businesses to the local economy, jobs and quality of life. The Proclamation encourages our citizens to support and shop local businesses. CITY OF RADFORD PROCLAMATION Small Business Saturday WHEREAS, small businesses form the backbone of our local economy, generating jobs and improving the quality of life for citizens; and WHEREAS, the City of Radford supports the efforts of local small businesses and recognizes the critical role they play in our community; and WHEREAS, Small Business Saturday is a nationwide campaign to cultivate business for small merchants on the Saturday after Thanksgiving; and WHEREAS, Small Business Saturday will stimulate economic growth for small merchants in our community by following the tradition of Black Friday, one of the busiest shopping days of the year; and WHEREAS, the City of Radford values its local businesses and celebrates the diversity of the goods and services they provide. NOW, THEREFORE, the City Council of the City of Radford does hereby proclaim November 29, 2014 as “Small Business Saturday” in the City of Radford and encourage Radford residents to recognize and support small businesses within our community by shopping at these establishments on the Saturday following Thanksgiving as a way to boost our local economy and strengthen our small business community. _________________________ Dr. Bruce E. Brown, Mayor ATTEST:_________________________ Melissa A. Skelton, City Clerk Adopted: November 10, 2014 ACTION: Mr. Marshall made a motion to approve the proclamation n as presented, Mr. Nicholson seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Resolution - Property Exchange with Kollmorgen SUMMARY: The City conveyed the property occupied by the former Police Station on West Main Street to the Industrial Development Authority in June, 2013 for economic development purposes. The IDA has worked out an exchange with Kollmorgen of the .303 acre parcel for 2.73 acres bordering Unruh Drive and Robertson Street around the site of the Glencoe Museum. In the development of the deed, an easement to the City of Radford was granted by Kollmorgen for the access road to Glencoe, and conditions of property use. To clear up the title and proceed with the transfer, the IDA would assign its interest to the City and the City would accept the transfer directly from Kollmorgan. It is beneficial that the City obtain ownership of the property due to its location adjacent to other public property, property control and its value for recreational purposes. RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ACCEPTANCE BY THE CITY OF RADFORD OF REAL PROPERTY IN THE CITY, IDENTIFIED AS BEING A NEW PARCEL OF PROPERTY CONTAINING 2.7256 ACRES, NEW TAX MAP NUMBER 13-(1)-3A-3C, TAX ID 020003363, PURSUANT TO AN ASSIGNMENT OF RIGHT TO ACQUIRE REAL PROPERTY UNDER AN EXCHANGE AGREEMENT BY AND BETWEEN THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RADFORD, VIRGINIA AND KOLLMORGEN CORPORATION WHEREAS, the Industrial Development Authority of the City of Radford, Virginia (“IDA”) entered into a Real Estate Exchange Agreement dated July 17, 2014 (the “Exchange Agreement”), with Kollmorgen Corporation, a New York Corporation (“Kollmorgen”), for the exchange of the real property identified therein as the “Kollmorgen Parcel” and the “IDA Parcel”, which Exchange Agreement is incorporated herein by reference; and WHEREAS, the said Kollmorgen Parcel is identified as being all that certain parcel in the West Ward of the City of Radford, Virginia containing a Total Area of 2.7256 Acres, as designated and described on a plat of survey entitled “Subdivision of Properties Owned by Kollmorgen Corporation West Ward Magisterial District, City of Radford, Virginia”, dated September 25, 2014 and revised October 23, 2014, Document Number 31316001, by Christopher B. Kaknis, Land Surveyor, Anderson & Associates, a copy of which is attached hereto as Exhibit “A” and made a part hereof, and which Kollmorgen Parcel has recently been assigned New Tax Map Number: 13-(1)-3A-3C; Account Number: 020003363, by the Commissioner of Revenue, and which property is the Kollmorgen Parcel formerly identified as Tax Map Number: 13(1)-3A-6; Account Number: 020001755 and Tax Map Number 13-91)-3; Account Number: 020003020, in the Exchange Agreement. WHEREAS, the IDA has approved an assignment of its right to acquire the Kollmorgen Parcel under the Exchange Agreement to the City of Radford, Virginia (the “City”), pursuant to the terms and conditions of an Assignment of Right to Acquire Real Property (the “Assignment”), by a unanimous Resolution duly approved and adopted on October 16, 2014, by the Board of Directors of the IDA, which Assignment is attached hereto as Exhibit “B”, and made a part hereof, and which Assignment is subject to the approval and acceptance of thereof by the City; and WHEREAS, the IDA and Kollmorgen have further agreed to execute and to amend the Exchange Agreement by extending the Closing Date to the date of December 10, 2014, pursuant to the terms and conditions set forth in the attached amendment to the Exchange Agreement entitled, “Extension and Amendment to Real Estate Exchange Agreement”, dated September 1, 2014 (the “Extension Amendment”), which Extension Amendment attached hereto as Exhibit “C”, and made a part hereof, and the City has been requested to execute the same; and WHEREAS, pursuant to the authority of Code of Virginia § 15.2-1800 the City is authorized to acquire, any real property, within its jurisdiction, for any public use, and pursuant to the authority of §15.2-1800 of the said Code, a Resolution by the City Council approving and accepting the assignment, transfer, and acquisition and ownership of the Kollmorgen Parcel by the City, is required, together with the necessary authorization of acceptance, for and on behalf of the City, of the Deed of conveyance to the City of the Kollmorgen Parcel; and WHEREAS, the City Council has determined that ownership by the City of the Kollmorgen Parcel is beneficial to the City and its citizens for governmental and public use and purposes, and desires to accept the Assignment to City of the Kollmorgen Parcel from the IDA, and the related transactional documents and Deed of conveyance for the ownership of the Kollmorgen Parcel by the City. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Radford, Virginia, that: 1. The City Council hereby authorizes the acceptance of the Assignment and Extension Agreement as presented hereto as Exhibits B and C, for the acquisition and ownership by the City of the Kollmorgen Parcel, as designated and described upon the plat of survey attached hereto as Exhibit A, and the Mayor and the City Manager, either or both of whom may act, are hereby authorized, for and on behalf of the City to execute the same. 2. The Mayor and City Manager, either of both of whom may act, are further authorized, on behalf of the City, to execute the Deed of conveyance to the City of the Kollmorgen Parcel, upon its finalization and approval by the City Attorney, accepting the conveyance of the Kollmorgen Parcel to the City, pursuant to authority of §15.2-1803 of the Code of Virginia, and further they are authorized to execute such other documents as may be necessary or as may be required by the City Attorney, to effectuate the acquisition, acceptance and ownership by the City of the Kollmorgen Parcel as authorized in this Resolution. 3. That the City Manager and the City Attorney, either or both of whom may act, are further authorized to proceed with and to take such additional action as may be necessary or required to finalize the transfer of the Kollmorgen Parcel unto the City. 4. The City Attorney is herein authorized to approve the final form of the Deed for the conveyance of and the acceptance of the Kollmorgen Parcel for and on behalf of the City, as to form and content and shall further be responsible to see to the recordation thereof of the Deed transferring the Kollmorgen Parcel to the City. 5. The City Clerk is authorized to execute and to attest to such document as may be necessary or required. This Resolution shall be effective from and after the date of its adoption, this 10th day of November, 2014. Mr. Turk made a motion, seconded by Dr. Harshberger 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. Turk made a motion to approve the resolution as presented, Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CLOSED MEETING: Mr. Marshall made a motion, seconded by Dr. Harshberger, to convene a closed meeting for the purpose of discussion of the following subjects as provided in Section 2.2-3711 A, paragraph 3 of the Code of VA 1950 as amended which reads as follows: Discuss or consider the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, under Virginia Code Section 2.2-3711 (A) (3). VOTE: AYES: Dr. Harshberger Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 No Action was taken in the closed meeting. Mr. Marshall made a motion to adjourn the closed meeting. Mr. Nicholson seconded the motion. Mr. Marshall made a motion to re-convene the regular meeting. Mr. Nicholson seconded the motion. VOTE: AYES: Dr. Harshberger Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CERTIFICATION OF THE CLOSED MEETING Mr. Marshall made a motion that Council did not discuss anything in the closed meeting other than the items for which it was convened. Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CITY MANAGERS COMMENT: Mr. Ridpath shared that the leaf pick up has been challenging due to all the number of windy days that we have had. Also, it is anticipated that cold weather will be here next week, so we are not sure if Second Avenue will be paved next week. COUNCIL MEMBER COMMENTS: Dr. Harshberger commented on the reason we were able to make land swap with Kollmorgan was because of the foresight that the City Manager and staff had to restore the old Public Safety Building lot in such a way that it made it desirable. Mayor Brown announced he is happy to announce that we able to get David a contract for 4 years. Mr. Marshall made a motion to adjourn the meeting at 8:45p.m., Dr. Harshberger seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 Mr. Marshall made a motion to reconvene into session to discuss November 24, 2014 meeting, Mr. Nicholson seconded the motion. Dr. Harshberger made a motion to cancel the November 24, 2014 meeting, Mr. Marshall seconded the motion. VOTE: AYES: Dr. Harshberger, Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 Mr. Marshall made a motion to adjourn the meeting at 8:50p.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