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HomeMy WebLinkAbout2/16/2010 - RegularMINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 16, 2010, 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 Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Elizabeth Dillon, Town Attorney Mary Beth Layman, Special Programs Coordinator Anita McMillan, Planning Director Herb Cooley, Police Chief Ben Cook, Police Captain Agenda A. 7:00 P.M. – Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Approval of Vinton Volunteer Fire Department Officers E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officers of the Month: a. Detective Monica McCullough for the Month of December b. Sergeant Anna Wooten for the Month of January 2. Dispatcher of the Quarter – Wayne Guffey F. CITIZENS’ COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Petition of William Walker for a Request to Rezone Property Located at 602 3rd Street, Tax Map Number 60.15-5-1, from RB Residential Business to GB General Business – Ordinance No.894 2. Petition of Jeanie Harper for a Special Use Permit (SUP) to Operate a Family Day Care Home, Located at 119 Franklin Avenue, Tax Map Number 60.19-5-10 – Ordinance No. 895 3. Petition of Evette Bennett for a Special Use Permit (SUP) to Operate a Family Day Care Home, located at 303 Ashley Court, Tax Map Number 61.13-1-33.03 – Ordinance No. 896 4. Proposed Amendment to the Town of Vinton Comprehensive Plan to Incorporate the Vinton Area Corridors Plan – Ordinance No. 897 H. TOWN ATTORNEY I. TOWN MANAGER 1. Special Events Policy Includes: Purpose of Policy, Classes and Location of Special Events; Application Process and Fees; Risk Management; and Alcoholic Beverages at Special Events 2. Report - Vinton/Roanoke County Health Department Lease Renewal J. MAYOR K. COUNCIL L. ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, William Booth gave the invocation and Mr. Altice 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 motion by Mr. Nance and seconded by Ms. Fidler, with all in favor. Mr. Nance read letters from Chief Cooley recognizing Detective Monica McCullough as Officer of the Month for the month of December and Sergeant Anna Wooten as Officer of the Month for January. Mr. Hare read a letter from Chief Cooley recognizing Wayne Guffey as Dispatcher of the Quarter. Mayor Grose congratulated both of the Police Officers and Mr. Guffey for their outstanding accomplishments. Ms. Fidler read a letter from Dr. Elise Olsen at Duke University Research and Treatment Center thanking the Town for the contribution of $100.00 in memory of Vice Mayor William E. Obenchain, Jr., who passed away on December 23, 2009. Mayor Grose opened the public hearing at 7:10 p.m. to receive comments and questions regarding a petition by William Walker for a request to rezone property located at 602 Third Street from RB – Residential Business to GB – General Business. Anita McMillan, Planning Director reported that the Planning Commission held their public hearing on the issue on January 27, 2010. She explained that the zoning request will allow the property to be used for a retail store. She noted that the the operator of Two Peas in a Pod is interested in leasing the property as it would allow her to expand her business and stay in the Town of Vinton. Ms. McMillan reported that the Planning Commission voted unanimously to recommend approval of the rezoning request with the Passed Ordinance No. 894 approving rezoning for property located at 602 Third Street 2 proffered conditions that are listed below. She explained that Mr. Walker’s list of proffers are for uses that will not be allowed on the property as a use by right: 1. Auto and truck sales and service establishments 2. Auto wash facilities 3. Bed and breakfast establishments 4. Dwelling units of any kind 5. Gasoline service stations 6. Parking areas, parking lots and parking garages as a principal use of the preoperty Ms. McMillan also noted that Mr. Walker proffered to not allow the following special uses: 1. Auto and truck general repair 2. Halfway House 3. Outpatient mental health centers 4. Outpatient substance abuse centers The Planning Director indicated that both Mr. Walker, owner of the property and the owner of Two Peas in a Pod were present to answer any questions Council may have. The Mayor asked if Ms. McMillan had received any calls or letters from surrounding property owners and Ms. McMillan replied that she had not. She went on to say that her office sent out letters to adjoining property owners and to everyone on Augusta Avenue. Ms. McMillan added that Mr. Willie Leffell, owner of Temp-O-Matic, was present at the Planning Commission public hearing and had spoken in favor of Mr. Walker’s rezoning request. She added that several people had commented favorably on the improvements made by Mr. Walker. Mr. Nance spoke favorably about Mr. Walker’s improvements and stated that he felt the rezoning request would not be detrimental to the surrounding neighbors. Mr. Altice concurred with Mr. Nance’s comments. Ms. Fidler commented that she had enjoyed watching the improvements take place. Mr. Hare stated that he was excited that a Vinton business was growing. The Mayor advised that any time a business wants to locate next to a residential district, it is important and necessary that Council considers the request very carefully in order to ensure that residential areas are not adversely affected. 3 Mayor Grose closed the public hearing at 7:15 p.m., and Mr. Altice moved to adopt proposed Ordinance No. 894 approving Mr. Walker’s request to rezone property located at 602 3rd Street, from RB - Residential Business to GB – General Business to allow for retail uses. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. Following the vote, Mr. Altice advised that Mr. Walker’s request as well as the next two public hearings had been discussed previously at a Council work session. Mayor Grose opened the public hearing at 7:17 p.m., to consider a request by Ms. Jeanie Harper for a Special Use Permit (SUP) to operate a family day care home. located at 119 Franklin Avenue. Ms. McMillan reported that the Planning Commission held their public hearing on the request on Wednesday, January 27, 2010 and had voted unanimously to recommend approval for Ms. Harper’s Special Use Permit request. Ms. McMillan noted that last year, the Planning Commission and Town Council held several sessions to consider amending the Zoning Ordinance allowing for family day care homes that will accomodate more than five children. She further noted that after several works sessions and public hearings, the Planning Commission and Vinton Town Council approved an amendment to the Zoning Ordinance to allow for 6 to 12 children in a family day care home with the issuance of a special use permit. Ms. McMillan reported that Allen Kasey and Joseph Banks had attended the Planning Commission public hearing and had spoken in favor of Ms. Harper’s request. Ms. Fidler commented that she appreciated the fact that there were people who are willing to provide this needed service for families. Mr. Nance asked if the special use permit would follow the property or would end if Ms. Harper moved from the property and Ms. McMillan replied that the SUP would remain with the property but any new property owners would have to apply with and be approved by Social Services to be licensed to operate a family day care home with 6 to 12 children. Mr. Nance inquired as to whether the Town could put a limitation on the Special Use Permit so that it would lapse when the person receiving the SUP moves from the property. Mr. Lawrence replied that from a zoning standpoint, it does not matter who the person is, Adopted Ordinance No. 895 approving a Special Use Permit to operate a day care home at 119 Franklin Avenue 4 what matters is how the property is used. He went on to say that it is not illegal to put conditions on a permit based on who a person is, however, it is not a good practice. Ms. Dillon, the Town Attorney, advised that there is a process to revoke a special use permit but the SUP goes with the property, not with the person. Ms. Fidler questioned how rezoning the property would affect the special use permit. Ms. Dillon responded that it would then be considered a non-conforming use. Mr. Lawrence stated that the Town would retain zoning authority to determine whether the permit holder is following rules and regulations and if not, the Town could proceed with the process to revoke the special use permit. Mayor Grose closed the public hearing at 7:25 p.m. Mr. Nance moved to adopt proposed Ordinance No. 895 approving a petition by Jeanie Harper for a special use permit to operate a family day care home with 6 to 12 children at 119 Franklin Avenue. The motion was seconded by Ms. Fidler and passed unanimously on a role call vote. Mayor Grose opened a public hearing at 7:26 p.m. to hear a petition by Evette Bennett for a Special Use Permit to operate a family day care home located at 303 Ashley Court. Ms. McMillan reported that Town Council held a work session on Ms. Bennett’s request on February 2, 2010. She went on to say that Mr. Bennett had submitted a petition signed by surrounding property owners stating that they had no objections to Ms. Bennett’s requested SUP. Ms. McMillan stated that the Planning Commission unanimously recommended approval of Ms. Bennett’s request. The Mayor closed the public hearing at 7:28 p.m. Mr. Altice moved to adopt proposed Ordinance No. 896 approving Ms Bennett’s request to operate a family day care home at 303 Ashley Court. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Adopted Ordinance No. 896 approving special use permit for property located at 303 Ashley Court At 7:29 p.m., Mayor Grose opened the public hearing to take comments and questions regarding a proposed amendment to the Town’s Comprehensive Plan to incorporate the Vinton Area Corridors Plan. Ms. McMillan reported that on December 7, 2009, the Vinton and Roanoke County Planning Commissions held a joint work session and public hearing at the War Memorial to take comments on the proposed amendment to the Town’s and the County’s Comprehensive Plan. She further reported that the Vinton Area Corridor Plan was developed by the joint efforts of Planning staffs from Vinton and Roanoke County; the Roanoke Valley Alleghany Public Hearing to take comments and questions on proposed Ordinance No. 897 to amend the Vinton Comprehensive Plan to incorporate the Vinton Area Corridors Plan 5 Regional Commission and the Virginia Department of Transportation. Ms. McMillan advised that the process began in the fall of 2008 and involved the following events: 1. A community survey was completed beginning the middle of January, 2008, and was completed by the end of February, 2009. 2. One-on-one business owner interviews took place from December, 2008 through the end of February, 2009 and was presented by staff to the Vinton Area Chamber of Commerce during their Annual Meeting. 3. Two community meetings were held on January 29 and June 18, 2009. 4. Several stakeholders meetings took place in the Vinton community including the Vinton Public Works Department, Roanoke County Fire Marshall’s Office, paid and volunteer personnel of the Vinton EMS, VDOT and the Blue Ridge Parkway. 5. There were four work sessions with the Planning Commissioners and a joint staff-led tour of the Vinton study corridors to familiarize the Planning Commissioners with potential issues and opportunities during staff’s inventory of the existing conditions. The Planning Director reported that both the Roanoke County and the Vinton Planning Commissions unanimously voted to recommend that the Board of Supervisors and Town Council amend their Comprehensive Plans to incorporate the Vinton Area Corridor Plan. Lyndsey Blankenship, a Roanoke County Planner who serves jointly with Anita McMillan as Service Project Manager, was introduced to give a brief presentation on the Vinton Area Corridors Plan to highlight their efforts up to this point. Ms. Lyndsey advised that there were three main goals for achievement: 1. to achieve aesthetics along the study corridors 2. to improve safety and efficiency of the roadways 3. to guide future development and redevelopment along the 6 study corridors; By-pass Road, Hardy Road, South Pollard Street, Virginia Avenue, Walnut Avenue and Washington Avenue In a review of the draft document’s components, Ms. Blankenship reported that the plan would analyze existing conditions along the study corridors for transportation; bicycles and pedestrians; and amenities. She noted a focus on community facilities and resource preservation, land use development, community involvement, goals recommendations and implementation. Ms. Blankenship discussed community involvement and advised that the committee had conducted a community survey early in the process along with business owner interviews and a photographic inventory along the study corridors. She noted that the committee had presented their information to Chamber of Commerce members and worked with them to develop an analysis of the development and redevelopment opportunities. She also noted that the committee held community meetings in January and June of last year and conducted state corridor interviews with VDOT, Vinton’s Public Works Department, Fire and Rescue personnel as well as with the Blue Ridge Parkway and Economic Development staffs from both Roanoke County and the Town of Vinton. Ms. Blankenship noted that the Plan had received favorable recommendations from both Roanoke County’s and the Town of Vinton’s Planning Commissions. She displayed a map that showed redevelopment and development opportunities along the corridors in east Roanoke County and the Town of Vinton. Following a short discussion regarding recommendations for four future land use scenarios, Ms. Blankenship reported that staff had developed an implementation table that included short, mid and long term implementation tables that will hold the various entities accountable for the things that need to be done. She went on to say that the committee is looking at the following: 1. amending the commercial matching grant and downtown facade programs 2. doing entrance corridor overlay districts and design guidelines for all the study corridors 3. looking at greenways and historical resources with a very heavy focus on pedestrian amenities, streetscape amenities and transportation improvements. Ms. Blankenship discussed the Way Finding Signage Study that 7 highlights ideas for the Town to capitalize on commuters and tourists traveling along the Town’s study corridors. She pointed out Roanoke County hired a consultant in 2007 who came up with a way to improve ingress and egress for William Byrd High School and Middle School by extending the east bound turn lane to add more “stacking spaces” at peak school times. She noted that extending the turn lane would be a revenue sharing project. Ms. Blankenship concluded her report with a review of the adoption process. Mayor Grose thanked her and expressed his appreciation to everyone involved for the very thorough report. The other Council members echoed the Mayor’s comments. Mr. Nance pointed out that tax payer money had not been spent to complete the study, as it had been very successfully accomplished by Town and Roanoke County staff, Roanoke County and Town of Vinton Planning Commissions and the Vinton Area Chamber of Commerce. Mayor Grose closed the public hearing at 7:45 and called for a motion to adopt proposed Ordinance No. 897 amending the Vinton Comprehensive Plan to incorporate the Vinton Area Corridors Plan. Ms. Fidler moved to adopt proposed Ordinance No. 897 and Mr. Altice seconded the motion. The motion passed on a unanimous roll call vote. Mary Beth Layman gave a brief overview of the proposed Special Events Policy that had been previously discussed in a work session two weeks before. She noted that the document consists of the policy and instructions, fees, an addendum regarding use of the War Memorial grounds, an addendum regarding alcohol at special events, risk management details and a special event application. She noted that Consuella Caudill, Mike Kennedy, Ben Cook, Beth Austin and Laura Reilly worked on the document with input from the Vinton Area Chamber of Commerce and the Vinton Dogwood Festival. She went on to say that several comments and suggestions made by Town Council have also been implemented into the policy. Ms. Layman listed the following approved locations for special events: 1. Vinton Farmers Market 2. Vinton War Memorial Building and/or Grounds 3. Vinton Municipal Building and/or Grounds 4. Wolf Creek Greenway 5. Downtown Streets including and limited to Lee Avenue, portions of Walnut Avenue, North and South Pollard, portions of Maple Street, portions of Washington Avenue Adopted a Special Events Policy 8 6. Certain Streets can be identified for neighborhood block parties or neighborhood watch group meetings. Mayor Grose reported that this policy has been thoroughly studied by Town Council, and Mr. Altice stated that he felt the policy was “long overdue”. He also felt that it should be reviewed on a yearly basis to determine if any changes are needed. Mr. Hare asked for assurance that the policy was not setting precedent but was giving structure to what has been done in the past. Ms. Layman re-assured him that the policy is based on what has been done in the past. Mr. Lawrence added that there are some items in the policy that are new, such as the cost for non-Town sponsored special events as well as policies for serving alcohol at an event on Town property and for risk management. Ms. Layman noted that the application operates as a check list to assure that all requirements are met. Mr. Lawrence advised that the Town Manager would have the ultimate authority of approval but appeals of the Town Manager’s decision would go to Town Council. Mr. Nance asked if the policy would affect events that take place inside the War Memorial and Ms. Layman responded that the policy would not but would work in conjunction with the War Memorial’s operational policy already in place. In response to the Mayor’s call for comments, Sabrina Weeks, president of the Chamber of Commerce, spoke in support of the policy. She noted that the Chamber has several ideas for summer events at the Farmers Market. Ms. Fidler moved to adopt the proposed Special Events Policy. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote. The Town Manager updated Council on the lease renewal for the Vinton/Roanoke County Health Department Building that is located on South Pollard Street. He recalled that the Virginia Department of Health notified the Town that they would be terminating their lease and moving most of their services to a building located on Williamson Road in Roanoke City. Mr. Lawrence noted that staff has negotiated an agreement with the State Health Department to allow the clinic to remain on the lower floor of the Health Department Building, at least for the time being. He stated that staff is working with them to establish a one-year lease for use of the lower level of the building with a month to month lease when the one-year lease expires. He explained that the Health Department’s lease actually expired in 2006 and they had been leasing the building on a month-to-month basis. Discussed Health Depart-ment Building lease 9 Mr. Lawrence went on to say that he hoped to have the lease signed by the Governor and ready for Council’s consideration by the March 16th Town Council meeting. The Town Manager explained the basics of the lease as follows: 1. The Health Department would continue to lease the lower level of the building (3,300 square feet). 2. The State Health Department’s lease rate would be slightly over $19,000 per year. 3. The main floor would remain vacant and could be leased out by the Town of Vinton. 4. The utilities would continue as they have in the past with the exception of the power bill which will be taken over by the Town who would then invoice the Health Department for 70% of the bill. 5. Parking would not change. Mr. Lawrence assured Council that the Health Department would continue to pay rent until the formal lease is worked out. He also assured Council that staff would work on getting another tenant for the upper floor of the building. He pointed out that the State Department of Historic Resources had spoken with staff regarding the rental of the upper floor but due to current economic conditions, they decided to stay where they are in the City for the present. The Mayor reported on a request he received from an organization called “Rebuilding Together”. He explained that the organization makes improvements and repairs on homes for disadvantaged homeowners. He went on to say the organization had done work on homes in Vinton and in Roanoke City and had plans to make repairs on a home in Vinton this year. Mayor Grose pointed out that investing in home and neighborhood improvements is included in the vision statement developed at their Council retreat the year before. He also pointed out that although Town Council may not be able to invest as much as they would like, even a relatively small donation would help. Mayor Grose advised that the organization had requested a donation of $2,800. He explained that the requested donation was not included in the current budget, however, the Town Manager had advised him that there were funds in the budget that could be used to Discussed “Rebuilding Together” 10 cover this expense. He added that he would like to see the Town include at least $2,800 each year for this worthy organization as it would be a small step in improving neighborhoods and the quality of life in Vinton. He asked Council to consider this request over the next two weeks and requested that the Town Manager include this item on the March 2nd agenda. Ms. McMillan reported that Roanoke County waived all permit fees for work done by the organization last year and she planned to request that they do so again this year. Ms. Fidler updated Council on a meeting of the six member consortium appointed by the Virginia Recreation Authority to come up with a plan for Explore Park in the event Larry Vander Maten is not able to raise the funds needed to implement his plan for the property. Ms. Fidler commented that the Virginia Recreation Authority had received a letter from Mr. Vander Maten requesting that his lease for the Explore Park be extended while he continues to raise funds. Ms. Fidler advised that the consortium was planning to make a recommendation to the full Board regarding the lease and would recommend that Mr. Vander Maten’s option be extended if he is willing to sign a new lease with new stipulations not included in his prior lease agreement. Also under consideration would be a joint project involving the Consortium and Mr. Vander Maten. Mr. Altice complimented the Public Works Department for the good job on snow removal. Mr. Nance reported that the old Chevron Structure located on Washington Avenue, had been severely damaged due to weather conditions and could possibly be a safety issue. He asked if there was anything the Town could do to remedy the problem. Mr. Lawrence replied that it would be a building official issue and that he was sure that Joel Baker, Roanoke County Building Official, had been notified of the building’s condition. He assured Council that emergency service agencies were called to the scene when the building collapsed to make sure the public’s safety is preserved. Mr. Nance asked if staff had an early estimate as to how the 2011 budget compared with the 2010 budget. He expressed concern that it would be hard to set priorities at the February 3rd budget work session without knowing what the revenue numbers would be. Mr. Lawrence advised that staff will get their basic revenue projections out to Council prior to the meeting. 11 12 The Town Manager advised that Department Heads were currently in the process of trying to find ways to cut their budgets by an additional ten percent. Ms. Fidler asked if Council would have an opportunity to see the budget before Department Heads make their cuts. Mr. Lawrence replied that Council would be given information on what was being cut and what the impact would be. Following a comment by Mr. Hare regarding the incredible job done by Public Works to clear the streets of snow after the last snow storm. Mr. Lawrence advised that the snow storm had increased the number of potholes in the Town streets and asked Council to report any new potholes they notice. Mr. Booth suggested that when Police Officers of the Month are recognized, they be invited to attend the meeting with their families and that the Town provide a small reception for them. Mr. Nance explained that they are recognized at the yearly Police Banquet. He went on to say that it is very difficult to have the officers attend Council meetings due to their tight schedules. The Mayor replied that he hoped to be able to do a few special recognitions next year if there are adequate funds in the budget to cover the cost. Mary Beth Layman updated Council on the Town’s Facebook page and reported that the Town now has over 1,050 fans. She advised Council of a drawing currently taking place on Facebook to attract more fans. Ms. Layman also updated Council on the work being done on the Veterans Monument at the War Memorial and estimated that it could be completed sometime in May or June, depending on weather conditions. Mayor Grose adjourned the meeting at 8:33 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk