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HomeMy WebLinkAbout04-04-02Minutes of the Town Council meeting held April 4, 2000 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor: Bettye H. Steger Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, Daniel Talbert, Jr., Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart, Jr. Absent: John A. Johnston Staff: Gary Elander, Town Manager Dave Quesenberry, Asst. to the Town Manager Randy Eley, Town Attorney John Hawley, Town Engineer Robert Dye, Economic Development Director Patricia Pendergrast, Clerk Others Present: Ken Fleenor Lee Carter, Press Tina Ratliff, Press Paul Dellinger, Press Vice Mayor Steger called the meeting to order at 6:30 p.m. Councilman Weddle led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Councilman Penn made a motion to enter into closed session regarding 2.1-344 (A-5), prospective business or industry and 2.1-344 (A-7), legal consultation, seconded by Councilman Talbert and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 6:59 p.m., Council returned from closed session and adopted Certification Resolution on motion by Councilman Stewart, seconded by Councilman Talbert and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilman Worrell requested an addition to the agenda: Under New Business, item C, a report. At 7:03 p.m., Vice Mayor Steger opened a public hearing regarding Planning Commission Case # 2000-01RZ, a rezoning request from A.A.B., LLC, Wakely Phillips, agent, to rezone approximately seven acres from R-2 to B-2. Mr. Quesenberry advised that the applicant seeks the rezoning in order to construct mini-warehouses. This use is not allowed in R-2, but is allowed in B-2. All legal ads and mailing conditions have been met. Planning Commission voted to recommend approval of the zoning request following clarification of several issues. Staff recommended approval following clarification of several issues. No public comments have been received on this matter. Mr. Phillips fielded questions from Council regarding buffer zones, access to the property and future plans for the remaining property. Public Hearing was closed at 7:23 p.m. After discussion, Councilman Neblett made a motion to direct the Town Attorney to prepare an Ordinance approving the rezoning, seconded by Councilman Worrell and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - No Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Charles W. Stewart, Jr. - Aye At 7:24 p.m., Vice Mayor Steger opened Public Hearing on Planning Commission Case 99-112 PH. Mr. Quesenberry advised that as requested, the Planning Commission has completed a final review of the Comprehensive Plan, suggested changes and referred it back to Council. All legal conditions have been met regarding advertising and notification of public. There being no comment from the public, Public hearing closed at 7:37 p.m. Councilman Weddle inquired about the wording regarding curb and gutters in all new subdivisions. John Hawley, Town Engineer, explained the options regarding curb and gutters. Councilman Penn stated that he would like the wording regarding curb and gutter to remain in the Plan. He felt that eliminating the requirements was a disservice to the community. Councilwoman Mitchell agreed with Mr. Penn. Councilman Weddle expressed concern as to whether developers could afford to install curb and gutter in new subdivisions. Mr. Stewart stated that he thought sidewalks should also be required where practical. Mr. Hawley opined that the current ordinance gives the Planning Commission enough strength to require curb and gutter now. Councilman Stewart advised that the subdivision ordinance is being studied by Planning Commission now and this problem could be addressed in that manner. There being no further comments, at 7:37, Vice-Mayor Steger closed the Public Hearing. Councilman Stewart made a motion to direct the Town Attorney to prepare an ordinance accepting the changes to the Comprehensive Plan, seconded by Councilman Talbert and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Charles W. Stewart, Jr. - Aye Next, Councilman Worrell made a motion to adopt the consent agenda consisting of the minutes of March 21, 2000 with the following change: The first paragraph on page 5, change 2/3 majority to 3/4 majority. Seconded by Councilman Stewart and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Charles W. Stewart, Jr. - Aye Next, Vice-Mayor Steger thanked the RSVP volunteers, the RSVP staff, and the Senior Center for their help with the Town newsletter on March 24th. Under New Business, Councilman Penn advised that the Public Operations Committee met with representatives of the Veterans groups in the area regarding renaming the Washington Avenue bridge. Ideas were gathered and Engineering Department has been asked to draw up a preliminary design for a sign, at which time Committee will meet again. The tentative plan is to strive for a July 4th dedication. Town Manager Elander gave a projects update. Regarding: Litter control: 1. He has asked staff to try to locate at least 12 more businesses to participate in the “Adopt A Highway” program. 2. He advised that inmates have been scheduled to assist with litter control around the area. 3. He also has instructed staff to make a greater effort toward litter control. 4. Spruce Up the Town Day is scheduled for April 29. The Town will provide lunch for participants. Abandoned buildings: 1. Staff has compiled a current list of 17 abandoned buildings in Town. In addition, other buildings are already involved in the legal process. 2. Property owners that have not previously been notified are receiving notification of violations. 3. Staff has been reminded to pursue the legal avenues available where necessary. New River Valley Benefits Consortium: The Town has received the renewal proposals for health insurance starting July 1st. The Town’s cost will increase 43%, which is $143,000 per year increase. Staff is researching other possible avenues and will be reporting back to Council in the near future. Public Hearing Date for Sewer Loan: The Town is pursuing a Rural Development loan in the amount of $683,000 for sanitary sewer I/I elimination. Rural Development Administration requires a public hearing and authorization of a general obligation bond issue for $683,000. Tentatively, the public hearing has been set for May 2. Ordinance – Re: Water/sewer projects: Regarding water/sewer projects at Caseknife and Draper Mountain Estates, VDOT requires a guarantee by the Town in conjunction with construction on VDOT rights of way. The Town Attorney has drawn up an ordinance guaranteeing sewer line and water line projects in Pulaski County. Councilman Weddle made a motion to adopt Ordinance 2000-03, guaranteeing sewer line and water line projects in Pulaski County, seconded by Councilman Talbert and carried on the following recorded vote: James M. Neblett - Aye Daniel Talbert, Jr. - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Charles W. Stewart, Jr. - Aye Councilman Worrell advised that a fire broke out in an abandoned apartment building in the heart of the downtown business district on March 29. A dangerous situation was made even more dangerous by the fact that there was a high voltage power line located immediately adjacent to the burning structure. He commended the Pulaski Fire Department for responding quickly, courageously, and diligently in preventing this fire from spreading to neighboring businesses and expressed appreciation to the Fire Departments of Draper and the Town of Dublin for their assistance in fighting the fire. Under old business, Mr. Elander responded to questions posed at the last Council meeting regarding the Dora Highway Drop Site and the PSA Recycle Site: 1. Regarding the number of tires allowed to be deposited at the drop site by residents, the County has no limitation. It is suggested that the draft regulation be changed to read “to be consistent with PSA policies”. 2. He has requested that a copy of the County’s regulations be forwarded to him and has forwarded a draft copy of the Town’s regulations to the County. 3. Regarding the request that gravel be placed at the Dora Highway Drop site, Public Works has put down millings. If this does not suffice, the Town will add gravel. 4. Regarding the small item drop site at Kroger: The County pays Gem City a fee to recycle the material at that site. It is estimated that approximately 70 to 80% of the material is being salvaged and recycled. Councilman Stewart requested that the Town Manager reconsider stipulating which items will be excluded from the drop site in the ordinance. He thinks it would be better to let administration make those decisions, because conditions could change in the future. Mr. Elander agreed with Councilman Stewart. He proposed bringing back a revised set of regulations for Council’s review. Councilman Penn inquired as to the status of the fence at Hickory and Pepper’s Ferry Road that was discussed previously in a Public Operations Committee meeting? Mr. Elander advised that the location has been viewed by the Town Attorney and he has some concern regarding the potential liabilities. After discussion, Councilman Worrell made a motion to refer this item to the Public Operations Committee, seconded by Councilman Talbert and carried on voice vote. Councilman Weddle inquired whether the Town Attorney had formed an opinion on the question posed by Councilman Stewart at the last Council meeting regarding a vote held November 2, 1999 regarding Resolution 99-40? Mr. Eley advised that he has not completed his research yet, but so far has discovered the ¾ vote majority rule applies only to the sale of property dedicated to public use. To date, there has been no definition for public use. Mr. Eley is continuing his research. In addition, Mr. Eley advised that he had been asked whether Councilman Penn would be legally allowed to vote on this issue, since he is employed by the School Board or would it be a conflict of interest? Mr. Eley advised that Mr. Penn would be allowed to vote. There being no further business, Councilman Neblett made a motion to adjourn, seconded by Councilman Penn and carried.