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HomeMy WebLinkAbout10/5/2010 - Regular1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, OCTOBER 5, 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 Consuella Caudill, Asst. Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Herbert Cooley, Police Chief Michael Kennedy, Public Works Director Ben Cook, Police Captain Karla Turman, Associate Planner Joey Hiner, Assistant Public Works Director Stephen Foutz, Police Officer 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. Request to Approve Minutes for Regular Council Meeting of September 7, 2010 2. Request by Police Department to Allocate Donated Funds – Resolution No. 1888 3. Request to Approve Mutual Aid Agreement with Rocky Mount 4. Request to Allocate Revenue Funds to Various Expenditure Accounts – Resolution No. 1889 E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS’ COMMENTS AND PETITIONS G. PUBLIC HEARING – CANCELLED – Rescheduled for November 2 1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Road from RB Residential Business to GB General Business to Allow for Commercial Development H. TOWN ATTORNEY I. TOWN MANAGER 1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Road from RB Residential Business to GB General Business to Allow for Commercial Development a. Staff Report 2 b. Public Input c. Council Discussion J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Discussion – Debt Set-Off Program 2. Discussion – Committee Appointment Process Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, Mr. Bill Booth gave the invocation and CouncilmanAltice led the Pledge of Allegiance to the U.S. Fla Roll call, invocation and Pledge of Allegiance to U.S. Flag. Mr. Altice asked that item 2, a request by the Police Department to allocate donated funds, and item 4, arequest to allocate revenue funds to various expenditure accounts, be removed from the Consent Agenda and moved to the Town Manager’s section. Item 1 and Item 3 of the consent Agenda was approved on a motion by Vice Mayor Fidler that was seconded by Councilman Nance. The motion passed with all in favor. Mayor Grose advised that the scheduled public hearing to consider a request to rezone properties located at 1015, 1021, 1027, 1037 and 1045 Hardy Road had been cancelled. Mr. Lawrence explained that the public hearing was cancelled due to a staff error in the publication of the public hearing notice. Karla Turman presented a staff report and a brief PowerPoint presentation. She advised that the petitioner, Juanita Setzer, was representing all five property owners andwas requesting that the five properties noted above be rezoned from RB Residential Business to GB General Business to allow for commercial development on the properties. Ms. Turman reported that the Planning Commission held their public hearing on September 9, 2010 and after receiving public comment, a motion was made to approve the rezoning request that received a tied 2 – 2 vote. As a result of the tie vote, the Planning Commission was unable to make a recommendation to Town Council. Ms. Turman stated that staff had been advised by the petitioner that there werepresently no buyers for the properties. She pointed out Discussed requested rezoning for five properties on Hardy Road 3 that the rezoning could result in five different business developments on the properties in question. Ms. Turman listed the following proffers that had been submitted by the petitioner: 1. The following GB uses will not be permitted on the property: a. Adult day care centers b. Auto and truck sales and service establishments c. Flea markets d. Halfway house e. Out-patient mental health center f. Out-patient substance abuse center g. Veterinary hospital 2. A traffic impact study will be done for each project if the Town of Vinton requires it. 3. A 35 foot buffer and landscaping to block the view and sound which will be added to four of the parcels, 1015, 1021, 1027 and 1037 Hardy Road. The fifth property, 1045 Hardy Road, requires only a 15 foot setback from the properties behind it because they are both zoned RB Residential Business. Also, because the current structure is located approximately 15 feet from the property line and would not allow a larger buffer. Ms. Turman explained that the petitioner may voluntarily proffer reasonable conditions but Town Council is not obligated to accept any or all of them. During her comments on traffic volume for Hardy Road, Ms. Turman reported that her office had received comments from the Public Works Department that it would be hard to determine what the traffic volume impact would be without knowing the type of business being considered for the location. She also reported that Public Works staffexpressed concern that if a deceleration lane is required for development of the properties, safety would be a concern for traffic traveling east on Hardy Road because east-bound traffic couldeasily mistake the deceleration lane for a travel lane. This would force drivers to change lanes when they realize that it is intended as a right turn lane. Ms. Turman advised that appropriate markings and warning signs should alleviate this safety concern. Ms. Turman reported that water and waste water capacity in the general area should be adequate to meet domestic demand and for any new development. However, an absolute determination for 4 water/sewer availability cannot be made until the type of new development is known. Ms. Turman advised that Mr. Tommy Woods, Mr. Charles McCarty, Dr. David Black, and Mr. Mike Spessard were present at the Planning Commission’s public hearing and spoke in favor of the requested rezoning. Mr. Leon McGhee submitted his comments by letter stating that he was in favor of the request. She noted that Mary Beth Layman, Janet Scheid and Tommy Overstreet were present and spoke in opposition to the request and that Ms. McGuire, who lives at 1056 Broad Hill Driveexpressed concerns with noise control during the loading and unloading of trucks during night hours. Ms. Turman went on to say that because the property lies within 100 yards of a residential district, any development on the properties would be required to abide by the Town’s noise ordinance which prohibits the loading or unloading of trucks between 9:00 p.m. and 7:00 a.m. Ms. Turman reported that she had spoken with a representative from VDOT and had been advised that because the fifth parcel (located at 1045 Hardy Road) does lie within 3,000 feet of a VDOT maintained road, it could trigger an automatic impact analysis requirement. However, he did not believe that any business going in at that location would have enough traffic volume to require a traffic study. Ms. Turman went on to say that the VDOT representative had advised her that they would do the study if the Town requests it. Ms. Turman discussed the Town’s recommended buffer landscaping which would include a 35-foot transitional yard that would incorporate a solid wood privacy fence with a height of not more than six and one-half feet and that the bracing would not be exposed to the properties behind them. Also to be included would be evergreen trees that would be at least 6 feet in height at the time of planting with branches along the trunk to the ground. She listed several evergreen trees and shrubs that staff felt would be acceptable. Ms. Turman noted that a 50-foot transitional yard without the fence would also be acceptable. Ms. Turman stated that the Town preferred that the parking lot include a landscaped island at least nine feet in width so that not more than 10 parking spaces are in a row. Janet Scheid spoke in opposition of the rezoning request. She felt that Council did not have enough information to make a sound intelligent decision on the request and that citizens did not have adequate information to review to help them determine how this 5 proposed rezoning would affect their property. She stated that if the rezoning is approved, Town Council would lose control over what goes on the properties in question, how they look or how they function. Mary Beth Layman of 1028 Almond Drive spoke in opposition to the rezoning request. She noted that she felt the current residential business zoning is appropriate for the properties and opposed the requested rezoning. She stated that she was concerned that the volume of traffic on Hardy Road would increase. Ms. Layman felt that an open forum meeting to discuss the rezoning is needed to make it easier for citizens to express their feelingsregarding the requested rezoning. She also felt that a traffic study is needed before the rezoning takes place. Mr. Charles McCarty spoke in favor of the requested rezoning. He felt that the rezoning was a “must” for the town, In response to a comment made by Mr. McCarty regarding whether Roanoke County had to approve site plans for town projects, Ms. McMillan explained that Roanoke County has been responsible for sedimentation and soil erosion since 1987 and the Town was responsible for water and sewer, and storm water. She noted that storm waterrequirements are handled by an engineer contracted by the Town. Mr. Lawrence added that the Town made a business decision to have the County review the Town’s site plans because it is more cost effective to have the County provide engineering services than it would befor the Town to have an engineer on staff. He pointed out that the Town does not have the demand to have a full time engineer on staff. He noted that when the Town contracts with an engineering firm, it is done on a competitive bid basis. Ruth Roe who lives in the Townhouse Development and is on the Board of Directors for the Dillon Woods Homeowners Association, stated that she concurred with Ms. Scheid’s and Ms. Layman’s comments in opposing the requested rezoning. Randy Layman of 1028 Almond Drive opposed the rezoning request. He stated that he has concerns with any increase in traffic volume that would occur if businesses are located on the five properties. He felt that a barrier of only 35 or 50 feet would not allow him to continue to enjoy his property as he does now. Anita Setzer, the petitioner, thanked everyone for coming. She reported that the five properties had been rezoned toRB Residential Business in 2004 but has since been earmarked for General 6 Business. Ms. Setzerfurther reported that it has become very difficult to rent out the properties along Hardy Road because no one wants to live there any longer and that three of the five properties are currently vacant. She asked that the properties be rezoned to GB for the good of Vinton and its growth. Mr. Nance questioned Ms. Setzer as to whether the other four property owners agree with Town staff’s recommendations for the buffer. Ms. Pope, the real estate agent for the properties, responded that she has not been able to get in touch will all of the sellers at this point and could not give a definite answer to that question. Tommy Overstreet of 1016 Almond Drive, spoke in opposition to the requested rezoning. Nancy Ware who lives at 1056 Broad Hill Drive, spoke in opposition to the request and stated her concern that adjoining property values would be lowered if the properties are rezoned to General Business. Chris McCarty spoke in favor of the zoning request. Wayne McGuire of 1056 Broad Hill Drive spoke in opposition to the request. He was concerned that no one seems to know what type of business would be put on the properties once the property is rezoned. He pleaded with Council to get more information before approving the rezoning request. Mayor Grose again advised that Council would not be voting on the request until after the public hearing is held on November 2, 2010. Ms. Fidler stated that she needs to know whether there would be one business or five businesses on the properties before she could make a decision on the rezoning as it would make a big difference in the kind of traffic pattern that will be needed. Mr. Nance stated that he sees truth in both sides of the argument. He pointed out that the five property owners have the right to be able to have the most profitable use for their property. He went on to say that he realized that the neighborhood behind the properties will be greatly impacted if businesses are developed on the properties. Mr. Nance felt the buffers need to be “beefed up” as much as possible to reduce the impact on the adjoining property owners. He stressed that the five property owners need to have some options that would allow them to able to sell their property. Mr. Nance recommended a provision with a side yard setback that would limit the number of businesses that could be developed on the properties. He went on to say that this proffer would have to be 7 voluntary but would protect the neighboring properties. He stressed that he is pro-business but needed to be “pro-neighbor” also. He suggested that the petitioners consider getting together to make proffers that would protect some of the neighborhood’s concerns. Mr. Hare concurred with Mr. Nance’s comments. Mayor Grose commented that the Town is very much in favor of new business coming to Vinton but there has to be some control over what is allowed in the Town and what is not. He went on to say that Vinton has very little land left to develop for business and that is what makes decisions like the one at hand so critical. He echoed Mr. Nance’s comments regarding the importance of proffers as neighborhoods have to be protected. He pointed out that he felt the biggest problem with rezoning would be traffic safety and before he can support it, these issues have to be worked out. He questioned which would be safer, one business for the five properties or several smaller businesses. The Mayor thanked everyone for their attendance and invited them back for the public hearing on November 2nd. Mr. Chris McCarty pointed out that if there are traffic problems, they can be worked out like was done when the Walmart in Bonsack was built. The Mayor responded that the problem is the fact that no one knows what type of business would be going in. Mr. Lawrence encouraged everyone to leave their email addresses with Ms. Turman so any additional information that may be generated by the applicant or the staff can be sent out to everyone concerned. He noted that all information will be placed on the Town’s website as it comes in. Mr. Nance advised that Council’s email addresses are also on the website. Mr. Hare asked if anyone in Dillon Wood had noticed a strong chlorine odor in their water. Following comments that some Dillon Wood residents had noticed a strong chlorine odor in their water, Mr. Lawrence assured everyone that he would have staff come out to take a look at the situation. Mr. Lawrence reported on a request to allocate funds to a Police Department expense account. He advised that the funds in question had been donated by Ms. Shirley Patselto be used for the Department’s community programs. He noted that this fund allocation was what staff refers to as a “housekeeping” issue. Mr. Nance moved to adopt proposed Resolution No. 1888 allocating Adopted Resolution No. 1888 allocating donated funds to Police Department 8 donated funds from a revenue account to an expense account. The motion was seconded by Mr. Hareand was unanimously approved on a roll call vote. Mayor Grose noted that Ms. Patsel had made several donations to the Police Department and had been recognized at the Police Banquet. He asked that a Certificate of Recognition be prepared by the Town Clerk to be presented to Ms. Patsel at a regular Council meeting. Mr. Thompson explained that during the year when funds are recovered or are unexpected, they are posted to a revenue account. He further explained that to assure the funds are correctly accounted for, they need to be appropriated to an expense account. He asked Council to appropriate funds from the General Fund revenue accounts to the proper expense accounts as shown in Resolution No. 1889. Mr. Thompson listed each account and gave a brief explanation of why the budget appropriation was needed. Ms. Fidler moved to adopt proposed Resolution No. 1889 appropriating recovered or unexpected funds from the General Fund revenue accounts to the proper General Fund expense accounts. The motion was seconded by Mr. Hare and passed unanimously on a roll call vote. Adopted Resolution No. 1889 appropriat- ing recovered funds Mr. Lawrence advised Council that the State of the County Address would take place at the Green Ridge Center on November 5, 2010 at 7:30 a.m. Mayor Grose reminded everyone that the Fall Festival would take place on the following Saturday beginning at 8:00 a.m. Ms. Fidler announced the Lions Club Pancake Breakfast would take place as usual at the VFW Hall on Saturday morning. Mayor Grose thanked staff and Council for their recent retreat as he felt it was very productive. He extended his personal condolences to the Drew family in response to the recent tragedy. Mr. Hare thanked the Planning Department for their professionalism and for working so hard during the difficult rezoning process. Mr. Nance and Mr. Altice echoed Mr. Hare’s comments and added that Ms. Turman had done a great job each time the issue has been 9 presented to Council. Ms. Fidler reported that Roanoke County Board of Supervisor’s representative for Vinton, Mike Altizer had asked that the Town join the County in support of legislation being introduced to the General Assembly to ban a marijuana-like drug that is legal called spice. It was noted that the substance can be bought at stores in Vinton. Mayor Grose adjourned the regular meeting at 8:50 p.m. WORK SESSION 1. Discussion – Debt Set-Off Program Mr. Thompson reported that the Town uses debt set-off for delinquent water bills but not for delinquent tax bills. He stated that he had not been able to locate an ordinance passed by Town Council authorizing staff to use debt set-off to collect delinquent bills and felt that the Town needed to adopt an ordinance authorizing the staff to use debt set-off to collect delinquent water bills, delinquent tax bills as well as administrative fees. Following discussion, it was the consensus of Council thatMr. Thompson prepare an ordinanceauthorizing the Town to use debt set-off to collect delinquent funds for consideration at their October 19th Council meeting. 2. Discussion – Committee Appointment Process Mr. Lawrence requested discussion on the committee appointment process in order to ensure that staff and council are in agreement on how this issue is handled. Ms. Fidler stated that she and the Mayor had discussed the issue and wanted to set up a process that would allow Council to meet applicants before Council is asked to vote on them to ensure the applicant is qualified to serve in that position and are aware of what their responsibilities would be. Mr. Altice felt that a policy should be put in place regarding attendance at meetings. Mr. Lawrence advised that Council could go into closed session to discuss appointments if they feel it is necessary. Mr. Nance recommended that all committee applicants attend a work session so that Council can be introduced to them and ask them questions before their names are placed in nomination for a particular committee. The Mayor questioned whether a job description would be a good idea so that the applicant is informed as to what is expected of them. Mr. Lawrence advised that staff would come up with a basic job description. Mr. Altice asked that all committee minutes be forwarded to Council. 10 Mayor Grose stated that he felt members of the Town’s boards and committees should be recognized for the work they do. Mr. Lawrence recommended that one or two organizations at a time be invited to attend a council meeting where they could be recognized. The work session adjourned at 9:39 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk