City Council

The “New River ” City 10 Robertson St. September 28, 201 5 Radford, Virginia Regular Meeting Number 4 of Radford City Council, F.Y. 2015-2016 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. 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. James Hurt, City Engineer Mrs. Gail Cook DeVilbiss, City Attorney Following the Pledge of Allegiance, led by Mayor Brown, and a moment of silence was led by Mayor Brown. MINUTE APPROVALS: On a motion by Mr. Marshall seconded by Mr. Turk, that the minutes for September 14, 2015 as presented. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 PROCLAMATION SUBJECT: Fire Prevention Week SUMMARY: The month of October is “National Fire Prevention Month” and the week of October 4th through October 10th is “National Fire Prevention Week.” The proposed proclamation encourages recognition of this important week by promoting fire safety at home, at work, in our schools and in our forests. Mr. Marshall read the proclamation for the benefit of the audience. CITY OF RADFORD PROCLAMATION WHEREAS, the city of Radford, VA is committed to ensuring the safety and security of all those living in and visiting Radford; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed 2,755 people in the United States in 2013, according to the National Fire Protection Association (NFPA), and fire departments in the United States responded to 369,500 home fires; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, three out of five home fire deaths result from fires in properties without working smoke alarms, when smoke alarms should have operated but did not do so it was usually because batteries were missing, disconnected, or dead; and WHEREAS, half of home fire deaths result from fires reported at night between 11 p.m. and 7 a.m. when most people are asleep; and WHEREAS, Radford’s residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home and should install smoke alarms and alert devices that meet the needs of people who are deaf or hard of hearing; and WHEREAS, Radford’s residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Radford’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Radford’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2015 Fire Prevention Week theme, “Hear the Beep Where You Sleep. Every Bedroom Needs a Working Smoke Alarm!” effectively serves to remind us that we need working smoke alarms to give us the time to get out safely. NOW THEREFORE, the City Council of the City of Radford does hereby proclaim October 4-10, 2015, as Fire Prevention Week throughout this city, and urges all the people of Radford to install smoke alarms in every bedroom, outside each sleeping area, and on every level of the home, including the basement and to support the many public safety activities and efforts of Radford fire and emergency services during Fire Prevention Week 2015. ______________________________ Dr. Bruce E. Brown, Mayor ATTEST: ______________________________ Melissa A. Skelton, City Clerk Adopted: September 28, 2015 ACTION: Mr. Marshall made a motion to approve the proclamation as presented, Mr. Turk seconded the motion. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 RESOLUTION SUBJECT: Electronic Council Meeting Participation SUMMARY: The Code of Virginia permits localities to adopt written policies that allow City Council members to remotely participate in meetings by electronic means. A draft resolution has been prepared that outlines the code provision and polices. Mayor Brown went over some examples that would be considered an emergency or personal reason behind missing a meeting. He shared that you can’t call in unless you have a policy in place that establishes the protocol and believes this is something they should look at. Emergencies happen and it is prudent to have as many tools as possible. Mr. Nicholson shared that he agreed with the Mayor’s comments and could see an emergency situation happen, and it could be a good tool, but out of respect for Dick, who is not present this evening, they shouldn’t do anything with the resolution tonight and allow him to have some input on this. Mr. Turk asked who makes the determination of what is an emergency or a personal matter. Mayor Brown responded that council does. He shared that in the handout that Mrs. DeVilbiss gave them, there is a policy that established and they as an elected body makes that determination. Mr. Turk shared his only concern is they are opening themselves up for abuse, and cherry picking on when you want to vote and when you don’t. Mr. Marshall said they have to look at thinks beyond the five people sitting here. This is a decision that will carry on to future councils. He stated that the City’s Code says that we will have a vote by a living voice. The interaction between Council and citizens is important and having to stand in front of them and vote in person is important. He understands that emergencies happen from time to time, but believes we should continue to follow our code, viva voice, living voice and each person should be present in front of those who voted them in. If you sign up for the job you should be there, if at all possible, certainly things do come up that you can’t control. Mayor Brown shared that is why the State of Virginia has allowed for this to take place, because ther are occasions that may exist and thinks it is prudent to business this way. Mrs. DeVilbiss shared the purpose of it, is an exception to the Virginia Freedom of Information Act with regards to public meetings. The concept is to allow the ability for someone who may have a sickness or disability to allow them to continue to participate. Mayor Brown said they had talked about this electronically, the term personal is very wide term and it is up to Council to determine what those variables are. Mr. Marshall said that on page one, the City Council members present must approve by the participation majority of vote, which again you open up a situation, if you have a political hot potato on the table that day and the majority of members do not want that person to vote, they can vote it down. There is a lack of consistency and understand there are rules of when you do this and when you can’t, but when you live something subjective to get their way, and not vote on things to push them onto other meetings. No action was taken. OLD BUSINESS SUBJECT: Consider approving placing Ordinance #1675, Zoning Ordinance Amendment to Sections 120.1-86 & 120.1-91, on its first reading. SUMMARY: The Planning Commission has been considering an amendment to the Zoning Ordinance, Divisions 9, Section 120.1-86 (B-1 Limited Business District) and Division 10, Section 120.1-91 (B-2 General Business District). The proposed Ordinance #1675, if approved, would allow apartments above, as well as below the Main Street level elevation with a special use permit. Mr. Ridpath shared some vacancy rates that were related to housing, both single family and multi-family. He shared that Mr. Howard, Planning Commission Chair provided Council with a letter clarifying why the Planning Commission thought it was important to amend the Zoning Ordinance. Mr. Howard said that some of the reasons that the Planning Commission thought it was a good move for the City, not the least which it puts business first. It does inhibits short term residents from moving into regular residential neighborhoods and it is in line with the Comprehensive Plan for a walkable community. The old Zoning Ordinance allowed for apartments above and below main level and this would put it back into the ordinance. Mr. Marshall said he believes everything deserves a vote. ACTION: Mr. Marshall made a motion to pass Ordinance 1675 on its second reading, Mr. Nicholson seconded the motion. Mayor Brown shared that he understands the implications this evening and for clarity a vote that comes up 2-2 means a motion is not approved. He personally thinks that this is where communities are moving toward with housing and mixed uses. He understands that when you bring more apartments in that more upscale, it could leave apartments vacant. He is in favor of this recommendation and we have a Planning Commission for a purpose, and hopes to have an affirmative vote. VOTE: Mr. Marshall: NO Mr. Nicholson: YES Mr. Turk: NO Mayor Brown: YES Mayor Brown thanked Mr. Howard for his work. SUBJECT: Consider motion to proceed with Phase 1 Planning for Safe Routes to School project. SUMMARY: At the November 6, 2014 Radford City Council meeting, Council endorses a Resolution to apply for planning funds from the Virginia Department of Transportation for Safe Routes to School Project in the McHarg Elementary School area. The project has been approved by the VDOT Board for F.Y. 2016. The Transportation Enhancements for this project 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. Mayor Brown shared that we don’t necessarily think that kindergarteners will be using the sidewalks, but does think it does add to our sidewalks and property values. Mr. Ridpath shared that on the walkout zone, there are 1088 units, about 44 homes are directly adjacent to this area. The focus has been on the Safe Routes to School. It’s not a project that can be done with public works funds, we just don’t put enough money into our sidewall budget to do this. The basis for the money is from Safe Routes to School, it basically comes down to if you want to extend sidewalks into the Forest Park are, this is the way to do it. ACTION: Mr. Turk made a motion to move forward with phase one planning Mr. Nicholson seconded the motion. Mr. Marshall commented that when using tax payer’s money, you have to use a great deal of common sense. He has raised four kids and there was no way they would let any of his kids walk to school. It’s not the world we grew up in. He stated that overall there are better uses for the $144,000, like fixing up Sunset Park or the Armory. VOTE: Mr. Marshall: NO Mr. Nicholson: YES Mr. Turk: NO Mayor Brown: NO CITIZENS COMMENTS: Rev. McCandlish, resident, asked a question regarding the resolution that was discussed earlier this evening, and are they talking about meetings that are called meetings or special meetings. Mayor Brown responded they could be both. Rev. McCandlish stated that his concern is if council is going to change this then the public should have an opportunity to speak on this and would appreciate it if they got more information out to the community. Mr. George Harkrader, resident, asked for clarification on sign ordinances, because there are some political signs within the roundabout. Toni Booth, resident, shared that she is coming to Council as a last resort, she has purchase a house in the west end of Radford and has a neighbor who has 16 cats who are using her yard as a litter box and destroying her flowers. She has contacted animal control and nothing has been fixed. She is very frustrated with having to continue with this and was wondering if we could have an ordinance that limited the number of cats, like we have for dogs. Mr. Ridpath informed her that we will follow through with her concerns and come up with an ordinance that we can enforce. NEW BUSINESS SUBJECT: Consider Memorandum of Understanding SUMMARY: The Radford Heritage Foundation has provided a proposed contract for services to the City of Radford for F.Y 2016. Activities include operation of the Glencoe Museum, conducting historical and cultural related special events, as well as identifying and expanding educational activities and opportunities. Mayor Brown shared a letter he received from someone who had recently visited the museum, praising Scott Gardner and the Glencoe Museum Mr. Nicholson commented that he appreciates the Mayor sharing the letter and appreciates Scott who promotes and preserves the arts. And it is obvious that he has the full support of family, and words can’t express what he is doing for our community. ACTION: Mr. Nicholson made a motion to approve the Memorandum of Understanding, Mr. Marshall seconded the motion. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 SUBJECT: Norwood Parking lot closure for Harvest Festival SUMMARY: Oasis Church has requested that the Norwood Square Parking lot, located at the intersection of Virginia Street and East Main Street, be closed to accommodate a “carnival” associated with the annual “Trick or Treat Trail”, sponsored this year by the Radford Chamber of Commerce. The event will be held on Friday, October 3, 2015. Steven Reese, representing Oasis Church, thanked them for entertaining this motion and are excited about partnering with Lisa Davis and appreciate Council’s support every year. ACTION: Mr. Marshall made a motion to approve Oasis Church request to close a portion of Norwood Square Parking Lot, Mr. Nicholson seconded the motion. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 CITY MANAGERS COMMENTS: Mr. Ridpath announced that the leaf collection will be coming up soon, probably start a week early due to the lack of rain, leaves are falling earlier. CITY COUNCIL COMMENTS: Mr. Nicholson reminded the audience that at their September 14th meeting, they passes a proclamation for Arts and Humanities Month, and this evening we have a number of pictures hanging and would like for everyone to take an opportunity to see the art work that the students have displayed. Mayor Brown told Mr. Nicholson that they appreciate all he has done to help with promoting Arts and Humanities Month. Mayor Brown shared a letter from Dick Davis asking council to consider renaming Park Road into Park Boulevard and would like to see the road extend all the way to the high school and eliminate Scott Street. He also recommended that the roundabout be names, in honor of Bill Armentrout. Mr. Marshall made a motion to adjourn the meeting at 8:04p.m., seconded by Mr. Turk. VOTE: AYES: Mr. Marshall, Mr. Nicholson, Mr. Turk, Mayor Brown NAYES: None-0 ATTEST: _________________________________ Melissa A. Skelton, City Clerk of Council