Buchanan Town Council Monday, November 13, 2017 Regular Meeting 7:00 p.m. Council Chambers Main Street

Transcription

1 Buchanan Town Council Monday, November 13, 2017 Regular Meeting 7:00 p.m. Council Chambers Main Street AGENDA A. ROLL CALL AND ESTABLISHMENT OF QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U.S. FLAG D. CONSENT AGENDA 1. Consider approval of minutes for the Council public hearing October 3, Consider approval of minutes for the Council regular meeting October 10, Financial Report October Approval of Unpaid Bills E. AWARDS, RECOGNITIONS AND PRESENTATIONS F. CITIZEN COMMENTS AND PETITIONS This time is reserved for comments and questions for issues not listed on agenda. Comment should be directed to Council. G. NEW BUSINESS / ACTION ITEMS / PUBLIC HEARINGS 1. Small Business Administration Grant overview Bart Smith, Director Roanoke Small Business Development Center 2. Urban Archery Hunting Discussion Nelson Lafon, Deer Project Coordinator, Virginia Department of Game and Inland Fisheries 3. Consideration of a Resolution to apply for VDOT Transportation Alternatives Grant with Grant match commitment Phase 2 Lowe Street Sidewalks/ Paths Resolution #R Consideration of Zoning Ordinance Amendment Mobile Restaurants 5. Town Attorney Resignation H. OLD BUSINESS 1. Water Update I. COMMITTEE REPORTS a. Public Works Committee James Manspile b. Public Safety Committee Jane Kneisley c. Financial Committee Jane Kneisley d. Planning Commission Della Hylton e. Events and Recognition Committee Mike Burton J. MAYOR K. COUNCIL L. TOWN MANAGER M. CLOSED SESSION Pursuant to Virginia Code (A)(1) for personnel matters and Virginia Code (A)(7) for discussion of litigation.

2 N. UPCOMING MEETINGS AND EVENTS Congressman Goodlatte s Monthly Meeting Tuesday, November 14 10:30am Buchanan Theatre Farming Movie with FFA Tuesday, November 14 Monthly Business Meeting Monday, November 20 7pm Thanksgiving Holiday Town Office Closed November Tree Lighting and Small Business Saturday November 25 Small Business Saturday Breakfast Wilson Warehouse November 25 6:00am- 10:00am Christmas Open House November 24 & 25 5:00pm 9:00pm Shentel Pig Drop Town Park November 25 5:00pm 7:00pm Late Night Friday Downtown December 1 Planning Commission Monday, December 4 7:00pm Christmas Parade Saturday, December 9 12:00pm Town Council Meeting Monday, December 11 7:00pm O. ADJOURNMENT

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27 Where Main Street Meets the Mountains Town of Buchanan Post Office Box 205 Buchanan, Virginia Mayor, Larry Hall Phone: Fax: To: From: Town Council Mary A. Zirkle Date: November 9, 2017 Subject: MEMORANDUM Urban Archery Hunting in Town Limits and Town Code References for Discussion The topic of urban archery was brought up at the August Town Council meeting as a hunting option for citizens. Town Code currently prohibits discharging bows in two sections as follows: Chapter 14 Offenses - Miscellaneous Section Discharging air gun, bow, etc. No person shall anywhere within the Town limits of Buchanan, discharge an arrow, dart, shot, stone, gravel, bullet or similar object from any air gun, bow, gravel shooter, slingshot, or other similar instrument, except in necessity to safeguard and to protect life or property. Chapter 23 Weapons Section Discharging air gun, bow, etc. No person shall, anywhere within the Town, discharge an arrow, shot, stone, gravel, bullet or any similar thing from any air gun, bow, gravel shooter or other similar instrument, except in necessity to safeguard and to protect life or property. Nelson Lafon is the Deer Project Coordinator with the Virginia Department of Game and Inland Fisheries. He has provided the information on the process as follows: It s very easy to participate. By law, all a town has to do is write a letter with intent to participate (see subsection F in ). Game and Inland Fisheries needs to receive the letter by April 1, so the earliest the town could participate would be the 2018 season. If you decide to move forward, I ll be happy to provide a sample letter. If you rescind your prohibition on discharging bows (at least for the purposes of hunting), hunters could use archery equipment to hunt deer during this hunting season, from the first Saturday in October through the first Saturday in January. Even without participating in urban archery, archery hunters would still have the Early Archery Deer Season, the Firearms Deer Season (when archery can also be used), and the Late Archery

28 Deer Season. See Seasons and Bag Limits at Urban archery season is simply an extension of the archery season during which only antlerless deer can be taken. You can find out more about the season at this website: Mr. Lafon will be present at your meeting to provide this information to the public and to answer questions. Council would need to change the two sections of Town Code prohibiting discharge of an arrow, perhaps adding exception language referencing the State Code and Administrative Code for urban archery. A code change will require one public hearing of Council. The Town would be responsible for the fee to publish the required legal advertisement in the newspaper. 2

29 Where Main Street Meets the Mountains Town of Buchanan Post Office Box 205 Buchanan, Virginia Mayor, Larry Hall Phone: Fax: To: From: Town Council Mary A. Zirkle Date: November 9, 2017 MEMORANDUM Subject: VDOT Transportation Alternatives Grant Lowe Street Sidewalks Phase 2 At meetings in September and October 2016, Town Council chose to pursue a VDOT grant for adding sidewalks to the side of Lowe Street that does not have them for pedestrian safety. This was to be done in two phases. Phase 1 was design of both a traditional sidewalk from Buster s to the Town parking lot entrance at the boat launch and an off-road trail that would serve as a sidewalk from the parking lot to the Town warehouse by the stage. This first phase also included construction of the traditional sidewalk. Phase 2 (current request) was to pay for construction of the off-road trail designed in Phase 1. The Town was awarded the Phase 1 grant earlier this year. In August of this year I mentioned I would be bringing the second grant request to you in September or October ahead of the November 1 deadline. At the October meeting, I presented a draft estimate from the engineering firm that showed what they estimated the second phase to cost during the budget preparation last year. As part of this year s grant submittal, the engineer updated the costs to reflect actual numbers they had seen in projects constructed since the original estimate was prepared. The grant match from the Town of 20% would be as follows: Total 20% match required for both phases: $102,460 Already committed last year for Phase 1: $59,730 Match from Town labor this year: $30,940 Remaining Match required to meet 20%: $11,790 By providing this additional match, the Town would receive $409,840 from VDOT for both phases. The off-road trail / sidewalk location and material has not been decided. This will be done as part of the design work funded by VDOT in Phase 1. The public will have an opportunity to provide input. 1

30 Funds for Phase 2 would not be available until October 1, 2018, if awarded. The grant application says We understand this project must be substantially complete and/or ready for construction within 4 years of the initial federal funding. All of the engineering and design for the entire project was included in the phase we were awarded this year. At the October meeting, Council did not act pending more information. In order to not lose the opportunity to be considered for funding, I submitted the grant by the November 1 deadline. By having submitted to meet the deadline, Council is not committed until the resolution of support and match commitment is passed. Council may still act at your meeting in November and VDOT will allow a resolution of support to be submitted after the deadline passed. If Council chooses not to support the project and commit the match, I will withdraw the application on November 14 from consideration. Attachment: 1. VDOT Grant Budget Phases 1 and 2 Additional numbers explaining the match amounts added at the bottom 2. Lowe Street Sidewalk Project Area Map 3. Resolution #R

31 10/30/17 - Mary's Match Math JN Lowe Street Cost Estimate PRELIMINARY ENGINEERING PHASE Preliminary Engineering Engineering/Design $54,000 Survey (Topographic & Property Location) $10,000 Plat & Easement Plat Preparation $5,000 Environmental Documentation $6,000 VDOT Review Fees (Design Phase) $10,000 PE Phase Total Cost $85,000 RIGHT OF WAY PHASE Utility Relocation (Utility Poles) $10,000 Right of Way $5,000 RW Phase Total Cost $15,000 CONSTRUCTION PHASE Construction Cost Engineers Estimate ITEM Quantities UNITS Unit Price COST Mobilization (3% Max) 1 LS $8, $8, Erosion & Sediment Control 1 LS $7, $7, ' Concrete Sidewalk 210 LF $55.00 $11, ' Wide Asphalt Trail 870 LF $90.00 $78, CG-6 Curb & Gutter 210 LF $40.00 $8, VDOT STD. CG-12 Ramp 14 EA $2, $28, VDOT STD. CG-9D Driveway Entrance 180 LF $ $23, Roadway Asphalt Paving 0 SY $85.00 $0.00 Roadway Pavement Patch (Per Pave. Patch Detail) 30 SY $ $3, Driveway & Parking Lot Reconstruction Gravel (Type I) 40 SY $25.00 $1, Asphalt (Type III) 20 SY $65.00 $1, Storm Sewer Pipe 24" RCP/HDPE 150 LF $90.00 $13, VDOT Standard and Modified Storm Water Drainage Structures VDOT STD. DI-3B L= 8 2 EA $5, $10, VDOT STD. DI-1 0 EA $5, $0.00 Roadway Pavement Markings Pedestrian Crosswalk Pavement Markings Style 1 - Type B, Class I 110 LF $35.00 $3, Style 2 - Type B, Class I 0 LF $25.00 $0.00 Stop Bar Pavement Marking 60 LF $20.00 $1, Crosswalk Signs (W11-2) & (W16-7pL) 4 EA $ $3, Relocation and/or Adjustment of Existing Items Relocate Exist WM & Box 1 EA $1, $1, Adjust WM to FG 1 EA $ $ Adjust SSCO to FG 1 EA $ $ Adjust GV to FG 1 EA $ $ Adjust Sanitary Sewer MH to FG 1 EA $ $ Street Lights 4 EA $4, $16, Underground Utility Relocation Coordination 1 LS $5, $5, Railing 1000 LF $35.00 $35, Implementation Contract Administration $49,000 Bidding $8,000 Inspection (based on 180 day construction time) $72,000 VDOT Fees (Construction Phase) $20,000 CN PHASE TOTAL COST $412,300 TOTAL COST (PE, RW, & CN) TOTAL ESTIMATED PROJECT COST - both Phase 1 and 2 $512, Estimated Grant Amount 80% of Total Cost $409, Estimated Match 20% of Total Cost $102, EXISTING PROJECT FUNDING AVAILABLE (FY2018 VDOT AWARD) $238, FY2019 Grant Amount Requested $170, Total Project Match - Phase 1 and 2 $102, Already committed 2018 $59, Town In-kind Labor Match toward 20% (see below) $30, Remainder match required for new phase grant $11, Town In-kind Match toward 20%: Relocate water and sewer utilities $5, Railing installation $17, Grant admininstration $8, $30,940.00

32 Project Description - Project Area Legend Lowe Street Proposed Sidewalk Lowe Street Proposed Trail 2016 Google 500 ft N

33 Resolution R At a regular meeting of the Town Council of the Town of Buchanan held at the Buchanan Town Hall on the 13 th day of November 2017 beginning at 7:00 p.m.: MEMBERS: Larry R. Hall, Mayor James Manspile, Vice-Mayor Mike Burton Della Hylton Jane Kneisley On motion of Councilmember adopted: VOTE:, which carried by a vote of # - #, the following was A Transportation Alternatives Project Endorsement Resolution Whereas, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation establish a Transportation Alternatives Set-Aside grant program (STBG) project in the Town of Buchanan. Now, therefore, be it resolved that the Town of Buchanan requests the Commonwealth Transportation Board to establish a project for the design and construction of sidewalks along Lowe Street (T-1305). Be it further resolved that the Town of Buchanan hereby agrees to pay a minimum 20 percent of the total cost for planning and design, right-of-way and construction of this project, and that, if the Town of Buchanan subsequently elects to cancel this project the Town of Buchanan hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. Be it further resolved that the Town of Buchanan Town Council hereby grants authority for the Town Manager to execute project agreements for any approved revenue sharing projects for Fiscal Year

34 Resolution R Adopted this 13 th day of November, 2017 in Buchanan, Virginia Signed: Title: _Mayor Attested: Title: _Town Clerk

35 Where Main Street Meets the Mountains Town of Buchanan Post Office Box 205 Buchanan, Virginia Mayor, Larry Hall Phone: Fax: MEMORANDUM To: From: Through: Town Council Planning Commission Mary A. Zirkle Date: November 7, 2017 Subject: Proposed Zoning Ordinance Amendment Create Section 305 Mobile Restaurants Town Council was approached about allowing food trucks in Town limits where the zoning ordinance currently does not permit them as a use. At the September 11 Council meeting, Council directed the Planning Commission to research this topic as a zoning ordinance matter. The Commission discussed the issue at their October and November meetings. They carefully considered whether mobile restaurants / itinerant food vendors / food trucks are needed in town with established restaurants, as well as how to permit them by zoning if it is determined the use should be allowed. They were presented examples of zoning ordinance language from several nearby localities, many of which changed their zoning regulations within the last year. Consequently, the Commission developed a draft zoning ordinance change using other ordinances as models and addressed many issues that they felt posed concerns for regulation. In working on this request from Council, there was discussion among Commission members about whether the use is needed in Town. Although it was not a public hearing, at their October they did allow a food truck vendor in Botetourt County to speak to them, as well as local restaurants, in order to hear different sides of the topic. The sentiment of a majority of Commissioners was the use should be allowed but concern with what additional standards for regulation should be developed. The Commission had concerns about fair competition for restaurants on Main Street, how to limit the number of mobile restaurants, allowing them for a trial basis of one year, and noted once the door is open (if the use is approved) then mobile restaurants can happen on any parcel zoned for it. The standards they drafted would apply to all parcels zoned either Commercial, Trade, Office or Manufacturing. After discussion, they set a 50-foot buffer distance the mobile restaurant could locate from existing and open restaurants and residences. They set the time of 1

36 operation from 7:00am until 9:00pm but did not limit the months. The zoning permit for each mobile restaurant would be good for one calendar year to coincide with the business license time frame. There was discussion of the current itinerant vendor tax rate in the Town Code that is $250 per month but capped at $500 for the year. One Commissioner mentioned Council may want to look at that simultaneously. Attached is a proposed zoning ordinance change based on input from food providers, study of other local ordinances and discussion among Commissioners. Council may make any changes it wishes to the draft text from the Commission. If Town Council chooses, it may initiate this ordinance amendment and schedule public hearings for both the Planning Commission and Town Council. The Town would bear the cost of the required legal advertisements to be published in the Fincastle Herald. Attachment: Proposed Zoning Ordinance Section 305 Mobile Restaurants Planning Commission

37 DRAFT Mobile Restaurant / Food Trucks 11/13/2017 RESTAURANT, MOBILE: A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to ice cream trucks. (Lexington, Blacksburg, Vinton) Zoning Districts Permitted Commercial, Trade, Office, Manufacturing (not Ag, Residential or Public districts) Use and Design Standards: Restaurant, mobile. The following additional requirements apply to sales from a Mobile Restaurant operating on private property, except when operating in conjunction with temporary, special events permitted under applicable sections of the Town Code: 1. Mobile restaurants must obtain a Town Mobile Restaurant zoning permit. The zoning permit shall not be transferable to a new owner of the unit. [permit application will say it is valid for 12 months January to December to match Business License BPOL] 2. Mobile restaurants must maintain a valid business license issued by the Town and a valid health permit issued by the Virginia Department of Health. These must be displayed at all times the restaurant is open for service. 3. A Mobile Restaurant may operate on private property with written permission from the owner. 4. No items shall be sold other than food and beverages. 5. No music shall be played that is audible outside of the vehicle. 6. Mobile restaurant vehicles must park in locations or areas as approved in the Mobile Restaurant permit, and shall not block i) the main entry drive aisles or affect pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The Mobile Restaurant must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces. 7. A Mobile Restaurant may operate between 7:00am and 9:00pm. The vehicle and all accessory structures shall be removed each day. No Mobile Restaurant shall operate past 9:00pm. A Mobile Restaurant and all materials associated with the business shall be removed from the location by 9:30pm each day. 8. A Mobile Restaurant shall locate not more than two (2) days per calendar week at any one location within the town (maximum of 2 days at one site). For the purposes of this standard, a calendar week shall start on a Sunday and end on a Saturday. 9. No outdoor seating shall be permitted. 1

38 DRAFT Mobile Restaurant / Food Trucks 11/13/ No signs may be displayed except those permanently affixed to the vehicle. No signs intended to move with air / wind shall be allowed (such as streamers, sails or wings or feather flags). 11. Trash receptacles shall be provided by and at the Mobile Restaurant and all trash, refuse, or recyclables generated by the use shall be properly disposed of in them. Trash, refuse or recyclables must be removed with the mobile unit and may not be placed in any public receptacle or public trash can on a street or public dumpster. 12. No liquid wastes shall be discharged from the Mobile Restaurant. 13. No Mobile Restaurant shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the Mobile Restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided in writing. This standard shall not apply when an established, active restaurant is closed or outside its normal operating hours. 14. No Mobile Restaurant shall locate within 50 feet of a single family or multi-family residential structure (determined by measuring from the edge of the Mobile Restaurant to the edge of the structure). 15. Mobile Restaurant vehicles may be otherwise limited by the Town depending on the location or other details of the Mobile Restaurant permit application. 16. A Mobile Restaurant may operate at any farmer s market held on public or private property, if the food truck vendor is legally parked at the farmer s market and has received written permission from the farmer s market manager and displays such written permission upon request. 17. The operation of the Mobile Restaurant or use of a generator should not be loud enough to be plainly audible at a distance of one hundred (100) feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the Mobile Restaurant Vendor change location on the site, to move to another property or the permit may be revoked at that location. 18. The requirements of this section shall not apply to Mobile Restaurant Vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer). 19. A Mobile Restaurant permit may be revoked by the Zoning Administrator at any time, due to the failure of the property owner or operator of the Mobile Restaurant permit to observe all requirements for the operation of Mobile Restaurants. Notice of revocation shall be made in writing to address of record for Mobile Restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals. 2