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HomeMy WebLinkAbout8/18/2009 - RegularMINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, AUGUST 18, 2009 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William E. Obenchain, Jr. MEMBERS ABSENT: William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Adam Swann, Acting Town Attorney Darleen Bailey, Town Clerk Anita McMillan, Planning Director Ben Cook, Police Lieutenant Mike Kennedy, Public Works Director Barry Thompson, Finance Director/Treasurer Joey Hiner, Assistant Public Works Director Mark Vaught, Police Lieutenant AGENDA 6:15 P.M. – Meet the Artists Reception A. 7:00 P.M. – Roll Call and Establishment of a Quorum B. INVOCATION – Pastor Ricardo Rodriquez, Vinton Wesleyan Church C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Approval of Minutes: Regular Meeting of July 21, 2009 Joint Meeting of July 21, 2009 E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS’ COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Petition of Danny and Tammy Dillon for a Special Use Permit (SUP) to Convert a Single-Family dwelling located at 345 S. Preston Road, Vinton, Virginia, Tax Map Number 061.17-01-43.00 into a Two-Family Dwelling – Ordinance No. 891 H. TOWN ATTORNEY I. TOWN MANAGER 1. Request to Approve Re-Appropriation of Funds for Encumbrances from June 30, 2009 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Report on Walnut Avenue Corridor Improvement Project 2. Vehicle Policy 3. Chestnut Mountain Utility Improvements Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, Pastor Ricardo Rodriquez from Vinton Wesleyan Church gave the invocation and Carolyn Fidler led the Pledge of Allegiance to the U.S. Flag. Roll call, invocation and Pledge of Allegiance to U.S. Flag. The Consent Agenda was approved on a motion by Mr. Obenchain that was seconded by Ms. Fidler and approved with all in favor. Mayor Grose announced that sometime in the next couple of months, he wanted to recognize a few folks who have served on the Highway Safety Commission for a number of years. Approved Consent Agenda Mayor Grose opened the public hearing at 7:05 p.m. to receive comments and questions regarding a petition by Danny and Tammy Dillon for a Special Use Permit to convert a single-family dwelling at 345 South Preston Road, into a two-family dwelling. The Planning Director, Anita McMillan, noted that the petition had been discussed at length at a work session on July 21st. She acknowledged that the property was being used as a two-family dwelling when the property was purchased by the petitioner. The property is zoned Residential-Business which allows for a two-family dwelling provided the lot is 12,000 square feet in area and 75 feet in width. Ms. McMillan reported that when the Dillons purchased the property, they believed it had always been a two-family dwelling. Ms McMillan advised that an adjoining lot was sold when the Hardy Road Improvement Project was done which changed the lot in question into a non-conforming lot for a two-family dwelling. She went on to say that it is not known when the original one-family dwelling was changed into a two-family dwelling.. Ms. McMillan stated that the issue with the two family dwelling came up when the Postmaster notified her office that a second address had been requested for the property by the property owners. She noted that at this time, she advised Mr. and Mrs. Dillon that the property would have to meet the current Zoning Ordinance requirements if it is to be used as a two-family dwelling. Ms. McMillan stated that she had advised the Dillons that their only option would be to obtain a Special Use Permit. The Planning Director reported that the Planning Commission held a public hearing on July 9th to consider the request and the four members present voted unanimously to recommend approval for the Dillon’s request for a Special Use Permit with the condition that the front yard cannot be used for parking except on the existing driveway. She noted that the Dillons did accept that condition. Ms. McMillan advised Adopted Ordinance No.891 approving special use permit to allow for a duplex at 345 South Preston Road. 2 that the adjoining owners were notified of both public hearings but, as of this date, no phone calls had been received regarding the request. She pointed out to Town Council that they have the right to require additional conditions to assure that the use is conducive to the surrounding neighborhood. Ms. Fidler asked if the required firewall had been installed and was advised by Ms. McMillan that it would be up to Roanoke County’s Building Commissioner to determine whether a firewall needs to be installed after the special use permit has been approved. She added that it will be up to the Dillons to ask for a variance if a firewall is required. Mr. Obenchain inquired as to the earliest date the property was used as a two-family dwelling and Ms. McMillan stated that AEP had advised her that they had added a meter for the upstairs in 1979 and another one was added in 1983 for the lower apartment. She stated that, originally, there were three lots involved, lots 14, 15, and 16 and that the house in question is located on lot 15. She reported that lot 14 was sold to VDOT in the year 2000 as a part of the Hardy Road Improvement Project and lot 16 was sold in 1982. Ms. McMillan explained that before lot 14 was sold, the house on lot 15 met the requirements for a duplex. Mr. Obenchain asked about the square footage for lot 15 and Ms. McMillan informed him that it is currently approximately 6,500 square feet in area. She further pointed out that if the Town had known the property was being used as a duplex, the sale of lot 14 to VDOT would not have been approved. Ms. McMillan reported out that the new owners of the property had made improvements to the property as it had been in disrepair when it was purchased. Tammy and Danny Dillon both spoke in favor of the requested special use permit. During her comments, Ms. Dillon reported that repairs to the house had been completed and both apartments had been rented. She also reported that she had been told by Karla Turman, Associate Planner for the Town, that if the property had been converted from a single-family to a two-family prior to 1990, there was no way to verify that the proper permits had been obtained. Ms. Dillon also stated that she was told that if she could provide documentation that the property was used as a two- family dwelling prior to 1995 and had been occupied as a duplex within the last two years, the use may be grandfathered. She noted that written statements from AEP verify that the accounts were active during that time as well as a notarized letter from a previous owner stating that it had been used as a two-family home from 1981 through June of 2008. She did not feel that granting the special use permit would be detrimental to the neighborhood as there were several other duplexes there. Mayor Grose repeated Ms McMillan’s comments that the issue had been discussed thoroughly at a previous work session. He went on to say that the Town is very carful with maintaining the Town’s codes and ordinances as every vote by Council sets a precedence. The Mayor asked for assurance from Mr. and Ms. Dillon that they were aware of and agreed to, the proffer that there would be no parking of vehicles in the 3 yard fronting Hardy Road and South Preston except on the existing driveway. The Dillons acknowledged that they had agreed to this proffer. Based on the recommendation of the Planning Commission, Mr. Altice moved to adopt proposed Ordinance No. 891 approving the requested special use permit. Mr. Obenchain stated that he is totally against the conversion of single-family homes into duplexes or other multi-family dwellings and that was why he fought so hard to increase the minimum lot requirement. He further stated that he was against an earlier request brought before Council two years ago but given the history of this current case and all of the unknown factors, he felt this request should be approved. Mr. Altice pointed out that he had supported the amendment to the Zoning Ordinance that increased the square footage for duplexes, but felt that this request for a special use permit should be approved given the history of the property. He felt the Planning Commission did a good job on this request. The Mayor closed the public hearing at 7:29 p.m. In response to Mr. Altice’s motion to approve the requested special use permit, Mr. Obenchain seconded the motion that was unanimously approved by the four members present. Mayor Grose welcomed Adam Swann who was sitting in for Town Attorney, Elizabeth Dillon. Mr. Thompson reported on a request for budget re-appropriations at the end of FY 2008/2009. Mr. Thompson explained that there were outstanding purchase orders in each of the operating funds at the end of the fiscal year and the encumbered expenses were posted as paid in the current budget. He went on to say that it is necessary to re-appropriate the funds in the budget to properly reflect the source of the funds for these purchases. It was noted that at the end of the budget year, there was close to half a million dollars in outstanding purchase orders that were reduced to $314,663; $99,176.38 in the General Fund, $99,694 in the Utility Fund and $115,792.96 in the Capital Improvements Fund. Mr. Thompson reported that unaudited fund balances at the end of the budget year, taking into consideration the outstanding purchase orders, were $3, 096,505 for the General Fund (40%) and $1,055,000 in the Utility Fund (34.47%). He reported that the Capital Improvement Fund was “zeroed out” with $115,793 carry over plus the appropriated fund that was done at the beginning of the year. The total for all funds on July 1st was $4,152,082. Mr. Lawrence recognized the Finance Department and all of the Department Heads for the work they did to “clean up the books”. Mr. Thompson pointed out that the figures he had quoted are unaudited figures so they could change. Adopted Resolution No. 1838 authorizing a budget re-appropriating for encum- brances at the end of FY 2008/2009 4 Mr. Thompson shared numbers he had received with regard to the cigarette tax. He stressed that they were early numbers and did not as yet reflect a trend as it had been only 18 days since the cigarette tax was implemented and he had not begun selling stamps until the second week of July. Mr. Thompson advised that his office sold 19 rolls of stamps during the month of July for a total of 285,000 stamps netting the Town $54,150. He explained that a roll of stamps consists of 15,000 stamps. Beginning August 1st, each retailer was required to make a floor count of their cigarettes, report the count and pay the Town $.20 per pack for their existing inventory. He advised that the vendors reported having a total of 106,663 packs of cigarettes which would bring in $21,333. He went on to say that as of the 17th of August, an additional 14 rolls of stamps were sold bringing in $39,900 in additional cigarette taxes. Mr. Thompson reported that a grand total of 495,000 stamps have been sold netting $115,383 in cigarette tax. He stressed that he felt that part of these numbers was a result of the start-up of the tax. Mr. Thompson advised Council that he will keep Council updated on the revenue stream as a result of the cigarette tax and will make another report in September. Mr. Obenchain moved to adopt proposed Resolution No. 1838 authorizing a budget re-appropriation for encumbrances at the end of FY 2008/2009. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote by the four members present. Mayor Grose announced that he had received a letter from Tom Philpott resigning from the Highway Safety Commission as he had moved out of Town and was no longer eligible to serve, according to the by-laws. The Mayor also acknowledged a letter he had received from a citizen complementing the Vinton Police Officers who had arrested her for a DUI for the professional manner in which they handled the situation. The officers involved were Officers Chieppa and Cooper A Boy Scout, Michael Reid was acknowledged and it was noted that he was attending the meeting in order to qualify for a merit badge. Mayor Grose adjourned the regular meeting at 7:50 p.m. WORK SESSION 1. Report on Walnut Avenue Corridor Improvement Project Mr. Lawrence reported that there had been progress on the Walnut Avenue Corridor Improvement Project as well as some changes in the scope of the project. He stated VDOT 5 and the Public Works Director have been working to see what can be done with the money available. Mr. Kennedy reported that there were a number of VDOT Locality Programs from which the Town can benefit; the first, Urban Maintenance, known commonly as street payments to off set costs for street maintenance to those streets that meet VDOT requirements. He noted that the Town receives about $973,000 per year from VDOT for those costs. Mr. Kennedy noted that another program from which the Town benefits, is the Revenue Sharing Program. He noted that those funds were recently used to pave Mountain View Road on a 50/50 cost share. Mr. Kennedy stated that he would be focusing on Urban Construction this evening but noted that there were many other VDOT programs including one for safety improvements and one for economic development. He reported that funding for the Urban Construction Program would be 80% federal, 18% state and 2% local funding and the amount the Town receives will be based on population which is the sole criteria. Mr. Kennedy pointed out that all streets are not eligible as funding is based on functional classification which is a federal word for minor arterials or collectors. The Town’s eligible streets are: By-Pass, Gus Nicks, Hardy Road, Lee Avenue, Mountain View Road, Pollard Street, Virginia Avenue, Washington Avenue and Walnut Avenue. He added that to qualify for the funding, the work has to be an improvement. Mr. Kennedy discussed past improvement projects that were done with funds from this program. The Public Works Director reported that this money accrues on an annual basis allowing the Town to do a project every five or six years. He further reported that the Walnut Avenue project was first reported to Council in 2005 and it was determined at that time that the project would be done. He went on to say that it would be designed for a 25 mile per hour speed limit even though the current speed limit is 35 miles per hour. He explained that the speed limit is now 35 miles per hour because the public complained that 25 miles per hour was too slow. He commented that the Town cannot afford to make the road a 35 mile per hour road. Ms. Fidler asked when the speed limit on the road is going to be changed and Mr. Kennedy replied that the Highway Safety Commission has already recommended supporting that change. He stated that if Council agrees, he would send out press releases and post signs for a week prior to changing the speed limit. Mr. Kennedy stated that the new road would include turn lanes, curbs, gutters, sidewalks, bicycle paths, and pedestrian access with the key items being the bridge replacement and the intersection improvements at 8th Street. He added that originally, VDOT had advised the Town that the bridge could not be replaced unless it is built to a standard that totally takes it out of the floodway which could cost as much as $5,000,000. Me. Kennedy advised that he was able to get a determination that since the road was not a part of the national highway system, VDOT would not hold the Town to the higher standard and would permit a bridge that does not wholly meet that standard with the understanding that if the bridge is ever 6 destroyed by a flood, FEMA will not pay for it. He pointed out that the bridge would continue to flood but there would be channel improvements that would decrease the spread of the water that tends to back up almost to 8th Street. Mr. Kennedy stated that staff had planned to approach the project in two phases; the first phase would have been from the City line up to 5th Street; phase two of the project would have begun at 5th Street and end near the Farmers Market. Because of a cut in funds, he reported that the project has been cut into smaller projects, the bridge replacement project and an intersection improvement project with the remaining work being done in one or more projects. He explained that the limits of the project would be 300 feet to the west and 200 feet to the east which would provide pedestrian and bicycle access across the creek without having to use the bridge. Mr. Kennedy reported that the anticipated cost for the first phase would be $1.4 million which includes a temporary bridge that will be installed to the south of the existing bridge. He reported that the new bridge would be approximately 50o% wider than the existing bridge. Mr. Kennedy advised improving the 8th Street intersection by installing traffic signals that would be interconnected with the railway. This would cost close to $250,000. He also recommended keeping the existing 40’ rights of way so the road would comfortably provide two east-bound lanes. Mr. Kennedy stated that VDOT anticipates they will be ready to advertise for bids by December of 2010. He went on to say that it may be possible to get started on the 8th Street intersection project sooner than anticipated. Following further comments on the Walnut Avenue Improvement project, Mr. Kennedy pointed out that the Town was once at a level of $370,000 for VDOT funding accrual per year but have dropped to $160,000 accrual per year. He asked the Council members to request that the State legislators “fix” transportation as “that’s the only solution to making much needed improvements to the Town’s roads”. The Mayor asked if the proposed power line would run behind Southern States and Mr. Kennedy stated that he thinks it will. He went on to say that Appalachian Power has scheduled a meeting for September 10 and he hoped to find out then what the route for the line would be. Mr. Lawrence pointed out that when Appalachian Power is putting in power lines, they are usually willing to work with localities to put in greenways. The Mayor questioned whether the Power Company would consider building that portion of the greenway if the power line crosses at the N & W Bridge and the pedestrian traffic runs behind the restaurant and Viking Fence. Mr. Kennedy replied that APCO might be agreeable to that. Mr. Lawrence noted a conversation he and Ms. Fidler had about property bought by the Town several years ago with the flood mitigation grant funds, being used as a pocket park for that neighborhood. He further reported that he would put together information for her. 7 Mr. Kennedy noted that incorporating street lighting and other improvements as a part of the Walnut Avenue project would make it a better corridor for the Town. He went on to say that if there is agreement from Council regarding the intersection project, the Town could proceed with that project which will probably cost approximately $300,000. 2. Vehicle Policy Mr. Lawrence reported that the Public Safety Commission met twice to discuss the issue of the Police Vehicle Take Home Policy. He noted that the information about to be presented came from those committee meetings. The Town Manager advised that he met with Ms. Fidler, Mr. Altice, the Police Chief on Monday to advise them of what was discussed at the meetings. He went on to say that he hoped to have the policy on the September 1st agenda for Council’s approval. Chief Cooley explained why he feels that police officers should have a take home vehicle. He noted that their vehicle is their most important piece of equipment as it becomes a “rolling office” for a police officer. He also explained that an officer’s duty begins when he steps out of his/her home and gets into his/her vehicle where they spend most of their 12- hour duty. He added that a police officer’s vehicle has specialized equipment that has been fitted to that particular officer. Chief Cooley pointed out that most police officers have to work a majority of their days off due to training, court, special assignment, working special events, etc., which all require the use of a vehicle. He also pointed out that having the vehicle allows the officers to respond to an emergency from home. Chief Cooley advised that when police officers have take home vehicles, maintenance costs are reduced by one third as has been shown in a study done by Roanoke City as well as improved gas mileage and equipment accountability. He also pointed out indirect effects such as decreased spending on uniforms, training and overtime due to the ability to recruit and retain personnel. While comparing costs for leasing versus purchasing vehicles, Chief Cooley noted that over the next 10 year period, it would cost approximately $1,000,000 to purchase vehicles versus a cost of $600,000 to lease the same number of vehicles. Mr. Lawrence added that the Police Department would have to purchase 25 vehicles versus leasing 21 vehicles over the next 10 years. The Chief reported that there are four officers who live outside of the approved boundaries established allowing an officer to have a take-home vehicle, three officers live very close to the boundary and the fourth officer lives further out. He strongly advised that the four officers need to have take-home vehicles, one is a detective sergeant, one is a detective, one is a sergeant and one is a master police officer. Chief Cooley went on to say that that if an officer is hired and he/she does not live within the 15 mile circle or if he/she moves out of the circle, they will not have a take-home vehicle. Chief Cooley reported that his department has cut the amount of fuel they use by approximately 400 gallons per month due to bike patrols, foot patrols, and stationary patrols. 8 Mr. Obenchain asked if the officers used take home vehicles for contract work they do and Chief Cooley replied that Town vehicles were used only if they were doing work contracted through the Town. The Mayor noted that the issue would be on the September 1st Council meeting agenda. 3. Chestnut Mountain Utility Improvements Mr. Lawrence reported that Roanoke County has approached the Town regarding a VDOT project at Chestnut Mountain Circle to upgrade the gravel road at the end of the street. He explained that the County has asked the Town to contribute funds for utility work that needs to be done since the Town provides water and sewer services to that area. He went on to say that about 230 feet of sewer line would need to be replaced as well as 385 feet of a 2-inch water line and 2 manholes. He explained that VDOT funds under the Rural Addition System will not pay for utilities as rural roads generally do not have utilities. Mr. Lawrence reported that Roanoke County has received a low bid of $35,000 for the work. He went on to say that initially when the County asked if the Town would help fund the project, he had responded that since this was a County project, not a Town project, and the Town does not have any issues with the water or sewer lines so he did not feel the Town should bear any of the cost. Mr. Lawrence stated that approximately a month ago, he had received a second request for the Town to consider some level of funding for the project. Mr. Altice asked if the improvements are being made to accommodate more houses and Mr. Lawrence replied that there were not. Mr. Lawrence stated that he had discussed the request extensively with the Public Works Director and the County Administrator and had concluded that because it was Roanoke County making the request and not a developer, he felt the Town should offer to pay up to $15,000 and no more to assist the County with this project. He recommended that the Town not reimburse the County until after the project is completed and inspected. He added that the money would come out of the Utility’s surplus fund account. Mr. Kennedy pointed out that the Town would retain ownership of the line because the Town owned the lines prior to the 1979 agreement. Mr. Altice asked if they should consider installing fire hydrants and the Town Manager stated that they were not going to install fire hydrants as it would require a larger water line which would increase the cost considerably. Mr. Kennedy added that if a developer came in who wanted to build houses there, he would have to install any hydrants and work out getting enough water to the site to meet fire flows. Mr. Obenchain asked if Mr. Kennedy could get a cost difference to install a larger water line and Mr. Kennedy responded that if a six or eight inch water line is installed, the Town would have to go up very frequently to flush the water line because the water would go stale as there are only four houses that would be using the line. He stressed that a two inch water line is fully adequate for the number of houses on the line and the only thing that drives an eight inch line is fire flow. 9 10 The work session adjourned at 9:27 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk