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HomeMy WebLinkAbout2/5/2013 - RegularI&M ILI IN I ZMAIN UN] I a N 10 Les MEMBERS PRESENT: Bradley E. Grose, Mayor William W. Nance, Vice Mayor 1. Douglas Adams, Jr. Robert R. Altice Matthew S. Hare STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Elizabeth Dillon, Town Attorney Ryan Spitzer, Assistant to the Town Manager Barry Thompson, Finance Director Anita McMillan, Planning & Zoning Director Gary Woodson, Public Works Director Ben Cook, Police Chief Joey Hiner, Assistant Public Works Director Paul Harris, Police Sergeant The Mayor called the work session to order at 6:00 p.m. The purpose was to give a briefing on the petition of Williams Mullen, Authorized Agent for Clearview Manor Acquisition, LLC, for Rezoning from GB General Business District to R-3 Residential District and a Special Use Permit (SUP) for Clearview Manor Apartments, 1150 Vinyard Road. Anita McMillan, Planning and Zoning Director, began with a review of her staff report submitted with the agenda. In July of 1977 the subject property was rezoned from B-2 to R-2 which allowed multi -family dwellings to be constructed and in 1978 the Clearview Manor Apartments were built, When the new zoning map was adopted by the Town in 1983, the zoning of the property was changed to B-G, Business General and then the classification was amended to GB, General Business District. Under the GB zoning district, multi -family dwellings I are not allowed, so the property is now classified as a legal nonconforming use, This means that if the apartments were to be damaged or destroyed beyond 50 percent of their assessed value, they could not be rebuilt without a special exception from the Board of Zoning Appeals. In July the property was sold and the current Lender has indicated that the nonconforming status of the property is not acceptable. The Petitioner is asking that the property be rezoned to R-3 Residential District to make it legal conforming and for a Special Use Permit to allow for the apartments that are on the property. The current building meets the zoning requirements for the R-3 residential district. -7, Currently, this property and the Berkshire Nursing Home share I the same water tank for the fire protection system. Because there are now two property owners, a new water tank is being proposed for Clearview Manor. Ms. McMillan indicated that th Planning staff is working with an engineer concerning th location for the new water tank which will be at the expense o the owner. In response to a question about what the new tan would look like, Ms. McMillan indicated the proposal is to mak it look similar to the existing tank. I Ms. McMillan then commented that under the future land us Oesignation, this property and Berkshire are designated a high -density. She also referred to an email from Ray Sandife included in the agenda package which requested some specifi conditions, I A question was asked about the requirement of two parkinC2 spaces per apartment unit. Ms. McMillan responded tha based on two site visits and a conversation with the propert manager, the current parking spaces are sufficient because lot of the residents do not drive. Because this is an existin use, they ran apply for a variance or increase the parkin spaces once the rezoning is approved. Regarding the comments by Mr. Sandifer in his email, the Mayor asked if those items have been addressed. Ms. McMillan indicated she would let Mr. Lloyd, the petitioner's-, representative, respond to this question. Further comments were also made about the proposed new water tank design and location and the Mayor indicated that he would like more information. Mr. Adams arrived at the meeting at 6:16 p.m. The Town Manager commented regarding Mr. Sandifer's request on lighting. He indicated that we have codes that control lighting and this would only apply if new lighting is installed, The code does not regulate how you maintain trees to protect adjoining property,� however it could regulate any new trees that may be planted. Attorney Preston Lloyd then reviewed the reason for the rezoning and Special Use Permit request. He expressed thanks to the Planning and Zoning staff for their assistance in this matter. Mr. Lloyd also indicated that they have been in contact with Mr. Sandifer regarding the issues listed in his email and will continue to be in contact with him. Mr. Lloyd- - commented that the new owners intend to spruce up the �troperty and they want to build a new water tank so they can '#e responsible for maintaining 9- Mr. Altice asked if the use of the apartments would stay the same and the response was yes. Vice Mayor Nance asked when the Public Hearing would be and Ms. McMillan responded February 1 g1h . The Mayor asked if some more information can be provided regarding the proposed water tank and Mr. Lloyd indicated he would bring that information back to the Public Hearing. R-1 Ms. McMillan responded that we do have a section in the zoning ordinance that any new lighting cannot cause a glare to any adjoining properties. In this case, the lighting is already in existence. Mr. Lloyd commented that there is an ongoing conversation with Mr. Sandifer regarding the lighting issue. The Town Manager indicated that the Planning Commission will have their Public Hearing on February 7 1h and the matter will be brought back to Council for their Public Hearing and action on February The Mayor called the regular meeting to order at 6:35 p.m. Roll C The Town Clerk called the roll with Council Member Adams, Council Member Altice, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. Vice Mayor Nance made a motion that Council go into a Closed Meeting pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, for discussion or consideration of personnel matters relating to review of employment agreement for the Chief of Police; the motion was seconded by Mr. Adams and carried by the following vote, with all members voting* Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) - None. Council went into Closed Meeting at 6:40 p.m. At 6.55 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Certification of Closed Meefin- Mr. Adams, seconded by Mr. Altice and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) - None. After a Moment of Silence, Mr, Altice led the Pledge of Allegiance to the U.S. Flag N members voting: Vote 5-0; Yeas (5) — Adams, Alfice, Hare, Approved minutes of Council in Nance, Grose; Nays (0) - None. the Neighborhood meeting of January 15, 2013, as amended The next item on the agenda was a Public Hearing to consider public comments regarding a $700,000 Community Development and Block grant to revitalize the downtown business district. Ryan Spitzer, Assistant to the Town Manager, gave brief comments, This is the second of two Public Hearings required for the Grant as we move through the pre -bid contract phase. On Thursday he will be meeting with Beverley Coleman, our representative from DHCD, to go over the aspects of the pre -bid contract. Mr. Spitzer also commented that the only item remaining to be completed will be the approval from the Department of Historic Resources. He did receive a request from them for historical pictures of downtown, which he will be submitting. After we hear back from them, we will be able to proceed with the Notice of Request and Request for the Release of Funds for the project. At that time it will come back to Council for approval of the agreement with DHCD. The Mayor then declared the Public Hearing open at 7:10 p.m. Hearing no public comments, the Mayor closed the Public Public Hearing opened and Hearing at 7:11 p.m. There were no further comments from closed Council. The next item on the agenda was to consider adoption of an Ordinance amending Chapter 2, Administration, Article V, Finance, Section 2-156 with regard to the fee charged for checks that are returned for insufficient funds or because there is no account. Barry Thompson, Finance Director/Treasurer commented that the State Code allows $50 for the NSF fee. The Finance Committee discussed the matter and is recommending that we increase our fee from $35 to the $50. The Bank charges the town $35 and the extra amount will help to recoup the administrative costs. Mr, Altice made a motion to adopt the Ordinance; the motion was seconded by Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — Adams, Altice, Hare, Adopted Ordinance No. 930 amending Chapter 2, Administration, Article V, Finance, Section 2-156 with regard to the fee charged for checks that are returned for insufficient funds or because there is no account M M i e next tem on fffe- agencla was to consider acloption ot a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes over five years old from the active records to a permanent file. Mr. Thompson made brief comments. The Mayor asked if the Town is using a collection agency. The response was that the Town had used a third party in the past, but they are not using one now. This was a conscious decision by Council and staff because of the tactics they traditionally use, Mr. Hare made a I motion to adopt the Resolution; the motion was seconded by I Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) — None The next item on the agenda was to consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file. Mr. Thompson commented that we have not written off water and sewer bills since 2002. This will write off bills from 2002-2007 in the total amount of $21,660.97. He stated that we will do this annually in the future just like the personal property delinquent taxes. Mr. Hare commented about the quality of the percentage of delinquent bills is for each year. Vice Mayor Nance made a motion to adopt the Resolution; the motion was seconded by Mr. Adams and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) — None The Mayor then recognized Nick Leslie, Ryan Prillaman and Greg Leslie, Assistant Scout Manager, of Boy Scout Troop 235. Mr. Leslie mentioned that they are working on their communications and citizenship badges. The next item on the agenda was a briefing on water/sewer bond issuance options for water/sewer infrastructure projects. The Town Manager commented that there are two options for the issuance of bonds in the amount of $1.5 million and Council needs to consider if an additional amount should be added to the bond for some additional projects. Adopted Resolution No. 2004 allowing the Town Treasurer/ Finance Director to remove outstanding Personal Property 'If j-i, a • �'- � " *e - t' -2, X, c—, 3 '�•# old from the active records to a permanent file Adopted Resolution No. 2005 allowing the Town Treasurer/ Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file 101 r#T# M_ The own Manager stated that the Authority is un #ns nt order to do this project. The Authority owns the i «n t e City of Salem, Botetourt County and the Tow r t jr parties to the project and our fair share is measured by a meter. Roanoke City and Roanoke County are rate payers, so their portion is paid through their customers. The Town is not a rate payer. We are a partner, so we have to pay the bill when it is due. The Authority is taking on all the debt for another project in 2015 which is the actual interceptor line. Our annual payment to them will cover our part of this project and there will be an increase. As a Town we own 5.5% of the operating capacity of the plant, but do not have any ownership in the plant. Mr. Thompson then commented on the $500,000 bridge loan on the Glade -Tinker Creek Wastewater Interceptor Replacement -Phase 2 Project, This is an 18-month loan and we want to include this amount in the bond for the Authority project. The Town Manager stated that the third part of the briefing relates to identifying some other projects and discussing the value of adding some additional funds to the bond. Gary Woodson, Public Works Director, identified four projects for consideration. They are Jefferson Avenue, a water utility u some water; some stormwater improvements within the Downtown perimeter; and the Garthright Memorial Bridge. The Jefferson Avenue project has been divided into three phases, Phase 1 being $248,000; Phase 2 being $100,000 and Phase 3 being $400,000. This project would affect about 100 residential units and 10-non-residential use properties and would improve fire flow to this area. Vice Mayor Nance asked how would you classify the degree of need for this project. Mr. Woodson responded that it would depend on the direction that Council wants to go, for instance, if their focus wants to be economic development. The Virginia/Walnut project consists of sewer line and manhole replacements and various water system improvements. About 14 residential properties would be LON affected and 14 non-residential use properties. A study has not been done to figure costs for this project. The stormwater improvements in the downtown area near the Municipal Building have projected costs from several years ago of $50,000 for engineering study; $946,593 for the downtown -south end-, and $535,600 for the downtown -north end. Questions were asked about proceeding with stormwater improvements before we have the final regulations and the response from the Town Manager was that even though we currently have a good idea what the regulations will be, because of ongoing legislation, he would not recommend doing a stormwater project at this time. During the recent bi-annual inspection, the report noted that i the Garthright Memorial Bridge was due for maintenance. An estimate of costs for this project would be in the neighborhood of $140-160,000. Another item is the 3d Street wastewater lift station which has a projected cost of up to $1 million. Mr. Woodson indicated they are putting in the CIP for the FY2014 budget year the cost for purchasing a generator for the station. Another item is the main corridors and a study for water demands and fire suppression for those areas. Also, Virginia Avenue and Mountain View have some sections that need to cut down to the sub -base to stabilize the road. Other items that have been discussed in the Highway Safety Commission are the Glade -Virginia intersection, the Vinyard traffic light and Preston Road. Vice Mayor Nance asked if any of these would be classifie as crisis projects. Mr. Woodson responded that there are lot of other areas that need repair that he did not mentio today. He thinks that anything that would impact th downtown area would be important for economi development. C The Mayor commented that Jefferson Avenue project woul require more than $500,000 to do the entire project. Th Town Manager indicated that it could be done in sections Vice Mayor Nance said it would be great to do the sectio that would enhance the new library site. The Town Manager summarized by saying that we know w have $1 .5 million in obligations to pay and the question is d we want to add some more to the bond to cover som 2dditional projects, A $2 million bond would requir approximately a 9.88% increase in the wastewater rates. I would be less if we only did the $1 .5 million or if we decided to use some cash. I N The Mayor expressed thanks to staff for their quick an professional response during the last storm event. He als congratulated the Volunteer First Aid Crew on their recen EMS training which had over 50 in attendance. 11 Mr. Hare made comments regarding the Finance Committee meeting. He indicated they are still working with Kevin regarding the War Memorial. He then commented on the December 2012 financial report. We are at 118% of where we should be for revenues and at 85% for expenditures. In comparison to this same time last year, total revenues (generaf and utility funds) were a little over $4 million. This year we are at $4.8 million. Last year cash in the bank was $1.6 million and this year it is $3.1 million. Mr. Hare commented that the Finance Committee will begin reviewing the War Memorial on a quarterly basis rather than monthly. Mr. Kipp is providing more options and more flexibility. He has found the middle ground where he is contracting with a local caterer but the service is coming through the War Memorial. The main caterer that has shown the most interest is Teaberry's and it allows Mr. Kipp t* control the product so it is of good quality and well represents the War Memorial. The Town Manager commented on charging the Town for its use of the War Memorial. This will be evaluated during the budget process to establish the best way to account for these costs. w V W Vice Mayor Nance made a motion that the Financial Report for December 2012 be accepted, the motion was seconded by Mr. Altice and carded by the following vote, with all members voting- Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) — None. Comments from Council Members: Vice Mayor Nance expressed thanks to Public Works for the quick repair on Mountain View. He mentioned that Council will be hearing recommendations in the near future regarding the branding of the War Memorial and he asked Council to consider what recommendations are made and that the purpose is to market the building, not to change why it was built and who it was built in honor of. Mr. Adams expressed appreciation to Public Works as well during the storm event and with the Accepted Financial Report for December 2012 The Town Manager reminded Council that we are entering the budget process and will be looking at scheduling a day and a half work session. Mr. Hare made a motion that the regular meeting be adjourned, the motion was seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 5- 0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) — None. The regular meeting was adjourned at 9:11 p.m. Mr. Thompson answered the Mayor's question regarding th debt per capita. In the general fund is $332 per capita. Tota debt which includes general and revenue bonds is $1,345 pe capita. Ir APP-4ROVED: Bradley rose, r A17E'ZTf. - Susan N. Johnson, own Clerk Of I 1 I I 1 9 11114"1" - 101HOLN1 MUNIN11 IN is Nil AM 110KII ATimm"MrA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law, NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: I Only public business matters lawfully exempted fi-orn opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council, Motion made by Council Member Adams and seconded by Council Member Altice, with all in favor. er1k of Council