BLACKSBURG TOWN COUNCIL MEETING MINUTES BLACKSBURG TOWN COUNCIL MARCH 11, 2008 Municipal Building Council Chambers 7:30 p.m. MINUTES I. ROLL CALL Present: Mayor Ron Rordam Vice Mayor: Susan G. Anderson Councilmembers: Mary C. Holliman; Paul J. Lancaster; Donald B. Langrehr; A. T. Leighton, Jr.; Thomas M. Sherman Marc A. Verniel, Town Manager Lawrence S. Spencer, Town Attorney Donna Boone Caldwell, Town Clerk Absent: None II. PLEDGE OF ALLEGIANCE At this time, for the benefit of interested citizens, Mayor Rordam announced the cancellation of certain public hearings scheduled under Item IV. on the meeting agenda including Ordinance #1475, Ordinance #1476 and the Special Use Permit for 149 College Avenue. Mayor Rordam noted action would be taken to reschedule the public hearings when Council reached that item on the meeting agenda. III. CONSENT AGENDA A. Approval of Minutes: February 26, 2008; March 4, 2008. ACTION: Approved. B. HUD Community Development Block Grant Annual Action Plan. ACTION: Schedule public hearing for April 8, 2008.
C. Ordinance #1481 An Ordinance Authorizing Renewal Of A Lease Of Antenna Space On The Handrail Of The Alleghany Water Tank To Virginia PCS Alliance, LC, D/B/A NTELOS. ACTION: Place on first reading and schedule public hearing for April 8, 2008. D. Ordinance #1483 An Ordinance To Amend Chapter 18, Article IV, Of The Town Code To Establish A Comprehensive Stormwater Management Ordinance And Establish A Stormwater Plan Review Fee Of $1,000. ACTION: Place on first reading and schedule public hearing for April 8, 2008. E. FY2008/2009 Recommended Budget Package: Ordinance #1484 An Ordinance Adopting The Budget For The Town Of Blacksburg, Virginia For The Fiscal Year Beginning July 1, 2008 And Ending June 30, 2009; Adopting The Real Estate Tax Rate; And Appropriating Funds For The Fiscal Year. Ordinance #1485 An Ordinance Amending Blacksburg Town Code Sections 18 201, 18 400, 20 206, 24 301, 24 306, 24 314, 24 601 And 24 602 To Increase Fees For Water And Sewer Services, Solid Waste And Recycling Services, Water Meter Installation Fees, Availability And Connection Fees And Water Service Deposits. Ordinance #1486 An Ordinance Amending Blacksburg Town Code Section 22 701 To Increase The Meals Tax Rate. ACTION: Place ordinances on first reading and schedule public hearings for April 8, 2008. F. Ordinance #1487 An Ordinance To Amend The FY2007/2008 Operating Budget By Appropriating $205,000 In Fund Balance And $770,000 In Potential Historic Tax Credits; To Reallocate Sources Of Capital Improvement Projects; And To Authorize A Short Term Inter Fund Loan To Provide Temporary Capital Project Funding.
ACTION: Place on first reading and schedule public hearing for April 8, 2008. G. Ordinance #1488 An Ordinance Vacating Water And Sanitary Sewer Line Easements On Land Located Adjacent To South Main Street. ACTION: Place on first reading and schedule public hearing for April 8, 2008. H. Ordinance #1489 An Ordinance To Amend Chapter 12, Article II, Of The Town Code By Eliminating The Requirement For The Display Of Local Vehicle License Decals. ACTION: Place on first reading and schedule public hearing for April 8, 2008. I. Special Use Permit 710 Tom's Creek Road. Request for a Religious Assembly in the R 4 Low Density Residential Zoning District for "The Jewish Center." ACTION: Schedule public hearing for April 8, 2008. J. Special Use Permit 2211 South Main Street. Request by Stephen Williams for a Gasoline Station, Drive In Restaurant and External Speakers in the General Commercial Zoning District. ACTION: Schedule public hearing for April 8, 2008. K. Resolution 3 A 08: A Resolution Supporting The Designation Of The Wilderness Road: Virginia's Heritage Migration Route. ACTION: Adopted. L. Resolution 3 B 08: A Resolution Authorizing The Town Manager To Sign A Contribution Agreement And Lease Agreement With The Montgomery County Industrial Development Authority And A Co Development Agreement With The Blacksburg Partnership Providing For The Renovation Of The Blacksburg Motor Company. ACTION: Adopted.
M. Parade Permit Blacksburg Classic 10 Mile and 5K Race March 29, 2008. ACTION: Approved with conditions. Mr. Sherman moved to approve the Consent Agenda. Ms. Anderson seconded; motion passed unanimously on a roll call vote. Anderson, Holliman, Lancaster, Langrehr, Leighton, Rordam and Sherman voted yes. None voted no. IV. PUBLIC HEARINGS A. Ordinance #1474 An Ordinance Vacating And Authorizing Conveyance of Any Interest In An Unbuilt Right Of Way Between Lots 14 And 15, Section 6, Miller Addition, At 909 And 911 Preston Avenue. 1. Staff Report Mr. Andrew Warren, Zoning Administrator, described the request from John and Wendy Byers and Margaret P. Davison for vacation of a 3,514.28 sq. ft. portion of an unbuilt public right of way located between 909 and 911 Preston Avenue. Mr. Warren explained the intent to divide the vacated land evenly between the owners of the neighboring properties who would pay for their share of the vacated parcel. He also noted that no public utilities were located in the subject right of way. Mr. Warren added that, based on the Comprehensive Plan, no future public use of the property was identified; however, it was the Town's practice to retain a 15 ft. wide public utility easement when rights ofway are vacated. Mr. Warren also reported that the Corridor Committee reviewed the vacation request and recommended approval of Ordinance #1474 with dedication of a public utility easement and dedication of a 20 ft. public access easement for a potential future trail. 2. Planning Commission Recommendation
Mr. Warren reported that the Planning Commission recommended approval of Ordinance #1474 with the 15 ft. wide public utility easement. He added that the Planning Commission voted to not require dedication of a public access easement. 3. Public Comment a. Mr. John Byers, 909 Preston Avenue, expressed strong interest in pursuing the requested vacation and noted his willingness to accept the Town's condition of a public utility easement. Mr. Byers added that he preferred not to dedicate a public access easement, but would accept the condition in order to proceed with the requested vacation. 4. Action Mr. Sherman moved to approve the alternate version of Ordinance #1474 to include dedication of a public utility easement and a public access easement. Mr. Leighton seconded; motion passed Rordam and Sherman voted yes. None voted no. B. Ordinance #1475 An Ordinance Vacating A Portion Of Southpark Drive Right Of Way, Together With Any Water And Sewer Utilities Contained Therein, And Authorizing The Conveyance Of Any Interest In Said Right Of Way. CANCELLED Ordinance #1476 An Ordinance Rezoning Approximately 5.8947 Acres On The Southwestern Side Of The Intersection Of South Main Street And Southpark Drive From Office, Conditional, To General Commercial, Conditional. CANCELLED Mr. Sherman moved to cancel the public hearings
scheduled for Ordinance #1475 and Ordinance #1476 and reschedule the public hearings for both ordinances for the April 8, 2008 Town Council meeting. Ms. Holliman seconded; motion passed unanimously on a roll call vote. Anderson, Holliman, Lancaster, Langrehr, Leighton, Rordam and Sherman voted yes. None voted no. C. Ordinance #1477 An Ordinance Authorizing The Conveyance Of 401 Wilson Avenue To Community Housing Partners Corporation For The Development Of Affordable Housing. 1. Staff Report Mr. Matt Hanratty, Housing and Neighborhood Services Manager, reported on the proposed redevelopment of 401 Wilson Avenue and described the Town's purchase of the property for the purpose of demolishing the house and replacing it with housing for low and moderate income households. Mr. Hanratty informed Council that Ordinance #1477 would authorize conveyance of the property to Community Housing Partners Corporation for development and sale of the property consistent with the Developer Agreement and in support of the Town's affordable housing program. 2. Public Comment There were no comments from the public. 3. Action Mr. Sherman moved to adopt Ordinance #1477. Ms. Anderson seconded; motion passed Rordam and Sherman voted yes. None voted no. D. Ordinance #1478 An Ordinance To Amend The FY 2007/2008 Operating Budget By Appropriating $8,126 In Grant Revenue To The Fire Department.
1. Staff Report Mr. Steve Ross, Deputy Town Manager, reported that Ordinance #1478 would appropriate grant funds received by the Blacksburg Volunteer Fire Department for purchase of technology equipment and a Rapid Intervention Series of DVDs. 2. Public Comment There were no comments from the public. 3. Action Mr. Sherman moved to adopt Ordinance #1478. Ms. Anderson seconded; motion passed Rordam and Sherman voted yes. None voted no. E. Ordinance #1479 An Ordinance To Amend The Town Code Pertaining To Tax Exemptions For Elderly And Disabled By Increasing Income Limits. 1. Staff Report Ms. Susan Kaiser, Director of Financial Services, reported that Ordinance #1479 would amend the Town's tax exemption provisions to increase income eligibility limits for qualifying elderly and disabled property owners. Ms. Kaiser also noted that the proposed changes were consistent with eligibility limits provided by the Town of Christiansburg and Montgomery County. 2. Public Comment There were no comments from the public. 3. Action Mr. Sherman moved to adopt Ordinance #1479. Ms. Anderson seconded; motion passed
Rordam and Sherman voted yes. None voted no. F. Ordinance #1480 An Ordinance To Amend Sections 21 115 and 21 116 Of The Town Code, And To Add A New Section 21 117, To Establish A Civil Penalty For Using Roller Skates, In line Skates, Skateboards, Or Bicycles In Certain Areas Of Town. 1. Staff Report Mr. Spencer reported that Ordinance #1480 would amend the Town Code, as required by the Code of Virginia, to establish a civil penalty of $15 for using roller skates, inline skates, skateboards, or bicycles in certain areas of Town. 2. Public Comment There were no comments from the public. 3. Action Mr. Sherman moved to adopt Ordinance #1480. Ms. Anderson seconded; motion passed Rordam and Sherman voted yes. None voted no. G. Special Use Permit 400 South Main Street. Request by Town of Blacksburg for Commercial Parking off of an Alley in DC, Downtown Commercial Zoning District. 1. Staff Report Ms. Kinsey O'Shea, Development Administrator, reported on the request to use the alley behind the Blacksburg Motor Company at 400 South Main Street for non residential vehicular traffic and town vehicle parking access. Ms. O'Shea advised Council that the Corridor Committee reviewed and supported the proposal. She also noted that no adverse impacts were expected from the proposed use for non residential ingress and egress. In summarizing, Ms. O'Shea reported that the proposal complied with the Use and Design
Standards of the Zoning Ordinance and was consistent with the goals of the Comprehensive Plan. 2. Planning Commission Recommendation Ms. O'Shea reported that the Planning Commission recommended approval of the proposed Special Use Permit. 3. Public Comment There were no comments from the public. 4. Action Mr. Sherman moved to adopt Resolution 3 C 08 to allow commercial parking off of an alley at 400 South Main Street. Ms. Anderson seconded; motion passed Rordam and Sherman voted yes. None voted no. H. Special Use Permit 149 College Avenue. Request by the Lester Group for Office Use on Ground Floor of Building in DC, Downtown Commercial Zoning District. CANCELED Mr. Sherman moved to cancel the public hearing scheduled for the Special Use Permit application for 149 College Avenue and reschedule the public hearing for the May 13, 2008 Town Council meeting. Ms. Anderson seconded; motion passed unanimously on a roll call vote. Anderson, Holliman, Lancaster, Langrehr, Leighton, Rordam and Sherman voted yes. None voted no. V. CITIZEN COMMENTS A. Mr. Douglas White, 1548 Harding Road, spoke regarding the proposed Special Use Permit for 149 College Avenue. Mr. White expressed concern that the Town's review of the special use application did not mention the existing creek under the
subject property. He questioned why adverse impacts from stormwater issues were not addressed in the staff's report and noted discrepancies that he believed existed between his personal observations and Town staff's description of the property. Mr. White encouraged Council to raise questions regarding the existing flood plain and stormwater impacts during review of the special use application. B. Ms. Leslie Hager Smith, Director of the Downtown Merchants of Blacksburg, expressed support for the Special Use Permit application for 149 College Avenue and added that an arts and cultural center would be a very creative use of the property. C. Mr. Frank Lau, 304 Woodbine Drive, voiced concerns regarding public opposition to a big box being located within the First & Main development project. Mr. Lau informed Council that, as a driver for Blacksburg Transit, he regularly heard comments from students and local residents who supported the need for a big box retail business to provide much needed shopping services within the Blacksburg community. Mr. Lau added that he believed pursuing opposition to the big box proposal in the Virginia Supreme Court was working against the opinions of a large number of people in Town. Mr. Lau also discussed his concerns regarding the deterioration of the Old Blacksburg Middle School property and urged for the property to be maintained so its condition would not continue to worsen. VI. UNFINISHED BUSINESS None VII. NEW BUSINESS A. Introduction of FY2008/2009 Recommended Operating Budget. Mr. Verniel introduced the FY'09 Recommended Operating Budget for the Town totaling $72,212,402 and highlighted significant features of the balanced budget including a diverse revenue stream
and creation of three new special revenue funds. Mr. Verniel noted that the proposed budget maintained the current real estate tax rate at $.22. He also noted that other local tax rates would remain unchanged with the exception of the meals tax which was proposed to increase from five percent to six percent to fund four additional police officers, one additional communications officer, and a maintenance crew dedicated to the downtown area. Mr. Verniel announced Council's upcoming work session dates on the recommended budget and noted the scheduling of a public hearing on April 8, 2008 with consideration of Town Council action on April 22, 2008. B. 2008 Facts For Voters Ms. Anderson called attention to the availability of the 2008 Facts For Voters brochure prepared and distributed by League of Women Voters of Montgomery County. C. Route 460 Connector Study Ms. Anderson announced that the Route 460 Connector Study was underway and encouraged citizen input regarding the proposed connector. D. Stormwater Management Task Force Mr. Langrehr provided a brief update on the work underway by the Stormwater Management Task Force. VIII. ADJOURNMENT The meeting was adjourned at 8:20 p.m.