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HomeMy WebLinkAbout11-05-02Minutes of the Town Council meeting held November 5, 2002 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Council Members: Jeffrey S. Worrell, Kenneth M. Fleenor, E. G. Black, Jr., Pauline G. Mitchell, Bettye H. Steger, John T. Bolen, James M. Neblett, Jr. Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David N. Quesenberry, Asst. to the Town Manager Sherry Boyd, Finance Director Dave Hart, Parks and Facilities Director Tom Compton, Building Inspector Bill Pedigo, Town Engineer Patricia Cruise, Clerk of Council Others: Dennis Bane Theresa Bowman Melissa Bowman Morgan Chiti Thomas L. Cox Doug Meadows Mickey Seagle Oscar Seagle Joel Burchett Donald Roop Carol Wade Charles Wade Hugh Huff, III Arnold Hedge Jill Chiti Ledford Joyce Largen Linda Buzzelli Nellie Warner J. B. Warner Mark S. Linkous Don Copenhaver Ralph D. Grubb Mozelle Grubb Gilmer Newman Karen Hanks Ron Vaughan Nick Glenn Nick Cole Tamara Farmer Glenn Baublitz Sally Bush Suzanne Moseman Roy Buzzelli Frances Sewell June Aker Henry Sewell Robert Aker Carolyn McGhee Ferd Harvey Donna Travis Robert Henderson Sybil Atkinson Paul Henegar James L. Webb John E. Phillips Becky Phillips Madeline Cioch Adelene Newman John Owen Gayle Long Earl Frith Jackie Smith C. S. Martin Dirk Akers Ben Warren Cain Akers Tye Kirkner Ann Long Virginia Kirkland Bob Strasser Nancy Strasser Bob Semones Joe Weddle Deborah Warren B. J. Bowman, Press Don Simmons, Jr., Press Mayor Stewart called the meeting to order at 7:00 p.m. Following roll call, Councilwoman Mitchell led the Pledge of Allegiance and Councilman Black gave the Invocation. Councilwoman Mitchell requested that Council reverse the order of items 16b and 16c on the agenda, addressing 16c first. Councilman Fleenor advised that Safety Committee had a recommendation to make and the decision was made to address that under the Safety Committee report. The first item on the agenda was Presentations. Mayor Stewart introduced Mr. Neeraj Sharma, Project Coordinator for the E. P. A. from Region 3, who was to give an update on the Allied Chemical site. Mr. Sharma advised that he had received phone calls from citizens regarding the Allied Chemical site regarding its safety and inquiries regarding clean up plans. He summarized the history of the site and the involvement of the D.E.Q. and the E. P.A. He advised that studies show that lead is the main contaminant in the soil and that it poses no problem to people who work in or use the two strip malls located adjacent to the site. He did advise that restrictions should be in place for traffic cutting through the property from Dora Highway. He advised that the method of cleanup of the property is still under review, but could include capping, excavation, disposal or a combination of all three. He told citizens that the site could be cleaned up as early as spring of next year and advised that he would update staff on a regular basis. The next item on the agenda was Public Hearings on the Comprehensive Plan and the Zoning Ordinance and Zoning Map. Mr. Quesenberry advised that Council referred to the Planning Commission by Resolution 2002-33, an amending of the Comprehensive Plan changing the zoning of 45 acres of the former Allison Farm to a business use. He advised that Planning Commission reviewed the request and recommended not adopting the change. There being no questions from Council, Mayor Stewart opened the Public Hearing at 7:28 p.m. There being no comments from the Public, the Hearing was closed. The next Public Hearing was on the Zoning Ordinance and Zoning Map. Mr. Quesenberry advised that Town Council, by Resolution 2002-33, sent recommendations to the Planning Commission for changes to the proposed zoning ordinance and zoning map. The suggested amendment and recommendation from Planning Commission for each issue follows: Commission recommended approval for The Tipton Ridge Veterinary Clinic to be zoned B-1 (Business). Commission recommended approval for the portions of property bordered by Route 99 to the South, corporate limits to the east, Norfolk Southern tracks to the west and the boundary line between the Rhudy Farm and the Pulaski Business Park to the north to be zoned Rural Residential. Did not recommend approval of a 45-acre portion of the former Allison Farm be rezoned to B-2. Recommended approval for the area known as the Ruth Thompson Smith subdivision, including those lots immediately adjacent to the subdivision and owned by persons residing or owning property in the subdivision to be zoned R-1. Recommended approval that churches be a permitted use by right in all residential and business districts, and that the phrase “house of worship” be added to appropriate sections. Recommended approval that recreational vehicles not be parked on a public street or occupied. Recommended approval of provisions regarding surfaces for parking lots – i.e, all parking areas, except those serving one and two-family dwellings, shall be an all weather surface and that parking areas shall be subject to site plan review. Did not recommend approval that only one free standing sign be allowed per business. Recommended approval that Council set the application fees for special exception permits, variances and rezoning. Recommended approval that Article 300 of the “General Provisions” be amended to require that the front of all structures must face the front of the lot. Recommended approval that the Special exceptions for the B-3 District be amended to permit light manufacturing as a special exception to the B-3 District. There being no questions from Council, the Public Hearing was opened at 7:36 p.m. Don Copenhaver, Donna Travis, Thomas L. Cox, Sr., Ralph Grubb, Jill Ledford,, Morgan Cheety, J. R. Brewer, Gilmer Newman, Karen Felino, Steve Linkous, Arnold Hedge, Don Roop, Glenn Baublitz, Nick Glenn and Theresa Bowman spoke against the rezoning of the former Walter Allison Farm citing decreasing property values; noise; narrow, crooked, hilly roads; safety hazards for children; the number of buildings in Town already empty; poor planning procedures; and the unanimous vote of Planning Commission against the rezoning. Hugh Huff, III addressed Council commenting that Council should rezone the land commercial if that’s what it takes, but felt that it should be conditionally zoned. Earl Frith, property owner of the Allison Farm, advised that the land is provided good access by Memorial Drive, and a good infrastructure is already in place. He opined that the property’s best use is commercial. He advised that the intent is to be good neighbor in whatever project is decided upon for the property. In reply to a question from the public, Mr. Frith advised that a shopping center would be the number one candidate for the property. Sybil Atkinson, representative for the Economic Development Board, Dennis Bane, and Ferd Harvey spoke for rezoning the Allison Farm, citing a need to attract additional commercial business to Memorial Drive; that the land is the last large potentially commercial tract in Town; lack of interest on the part of developers to utilize the land for residential use; business opportunities; potential jobs; and that rezoning may provide a positive incentive for businesses to look at other properties around the Town. The Public Hearing closed at 8:42 p.m. Mayor Stewart advised that it appeared to him that the majority of citizens present were against the rezoning of the property known as the Allison Farm. He advised that some citizens had expressed the opinion that the Allison Farm land was the only available piece of property left to develop for business use. He then listed a number of properties that were available and zoned for business use. He stated that Council had heard from Dr. Michael Chandler, who suggested that the first thing that should be done was to get the Comprehensive Plan in order and then move on to the Zoning Ordinance and Zoning Map. Mr. Hawley offered direction to Council. He advised that the first item that needed to be addressed was to modify the existing Comprehensive Plan. After that has been completed, Council needed to consider the new zoning ordinance. Councilwoman Mitchell moved to send the existing Comprehensive Plan to the Planning Commission for modification, seconded by Councilman Bolen and failed on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No Kenneth M. Fleenor - No John T. Bolen - Aye E. G. Black, Jr. - No James M. Neblett, Jr. - No Pauline G. Mitchell - Aye Councilman Worrell addressed Council and the Public. He advised that “this is a controversial issue and it has been for a long time. I can recall fifteen years ago, sitting in this audience when the previous Town Council, Mr. Glenn included, sat up here and we had this same debate. Many of the same people that have spoken tonight, spoke then. Going back even further, I can remember, and I grew up in that area. I grew up on Newbern Road, which is one of the roads that was cut in two by Memorial Drive, I can remember riding the school bus down Peppers Ferry Road to Pulaski High School while Memorial Drive was under construction. Hooch Allison would sit on the corner on his horse and watch the construction. And I expect Mr. Allison was as unhappy as some of you are here tonight. There’ve been a lot of facts and figures presented here tonight. I have facts and figures here of my own. This is a survey of sixty properties surrounding the Memorial Square Shopping Center. In the period between the assessments of 1986 and 1992, and this was the period in which Wal Mart was built, the average property value of these sixty properties increased 20.14 percent. The assessments between 1992 and 1998, these properties increased another 18.34 per cent. From 1986 to 1998, the average property value of these 60 properties increased $23,383. I have a revenue to expenditure ratio for land use types conducted in 94 locations across the United States. All 94 locations show expenditures exceeding revenues for residential development. All 94 locations show revenues exceeding expenditures in combined commercial industrial development. The Economic Development Marketing Plan for Pulaski, Virginia, put together by the Henderson Group. Endorsed by this Council at a significant cost. Page 12: Allison Farm especially needs commercial rezoning. A letter from the Economic Board. And I won’t read this to you because it’s already been read to us tonight by its author. Citizens petitions presented to this Council on July 2nd of this year, calling for the rezoning of east side of Memorial Drive for retail development. The definition for B-2 zoning from our own zoning regulations. B-2: ‘generally located along major thoroughfares or near development centers where a general mixture of commercial and service activity now exist.’ Very plain. That is the description of this 45 acres we’re talking about.” Mayor Stewart inquired where the service activity is in that area? Councilman Worrell continued “I think a spirited debate is a healthy thing in a free society and we’ve had that here tonight. All sides have been heard and I think it’s time a decision was made. And I think it is the job of this Council to make it that is in the best interest of the Town as a whole. I think it is imperative to the economic development future of this Town that this 45 acres of the Allison Farm, one of the last large remaining tracts for significant commercial development in the Town of Pulaski be developed. I think the only way that it will ever be developed is commercial. Mr. Worrell continued, “So Mr. Mayor, I move to direct the Town Attorney to prepare an ordinance whereby Council adopts the amendments to the Comprehensive Plan referred to the Planning Commission by Resolution 2002-33”. The motion was seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - No Mayor Stewart inquired whether Council wished to send the Comprehensive Plan to the Planning Commission for review. Councilman Worrell moved to defer action on the amendments to the proposed Zoning Ordinance and Zoning Map as previously referred to the Planning Commission by Resolution 2002-33, until the Comprehensive Plan review by the Planning Commission is again before the Pulaski Town Council, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart asked for a motion to refer the Comprehensive Plan to the Planning Commission. Councilman Worrell moved to direct the Attorney to send the amended Comprehensive Plan back to the Planning Commission for the completion of the 5-year review as required by the Code of Virginia and to bring that back within 60 days, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye From the public, Mr. Copenhaver asked Mayor Stewart whether he was correct in thinking that five members of Council voted to zone the Allison property to B-2? Mayor Stewart replied that Council has indicated a willingness to do that, but the only true action they have taken is to change certain portions of the Comprehensive Plan to allow that action and directed the Attorney to prepare…. Mr. Copenhaver interrupted saying that he would like for that to appear in the local papers and on the news. Mayor Stewart stated that basically what has happened is that the Attorney has been directed to change two portions of the Comprehensive Plan to allow rezoning of the Allison property to B-2 and have suspended rezoning action and have acted to send the Comprehensive Plan to the Planning Commission for update and correction and recommendation to Council At 9:00 p.m., Councilman Neblett moved to take a five-minute break, seconded by Councilman Black and carried on voice vote. Council returned from its break, and resumed the Council meeting. There being no further comments from the Public, Council moved on to the Consent Agenda. Councilwoman Mitchell moved to accept the minutes of October 1 and 16, 2002, seconded by Councilman Black. Mayor Stewart advised of a correction on page 5 of the October 1 minutes, to change UDGA to UDAG. Motion to accept the minutes as amended, carried on voice vote. Under Committee Reports, Chairman Worrell advised that Finance Committee met and discussed the Timber Harvest Bid. He advised that it is hoped that the Town should net approximately $50,000 after expenses, with the work to begin by late spring or early summer of 2003. Additionally, Chairman Worrell advised that Committee discussed a proposal to utilize $31,000 that had been budgeted for insurance premiums this year that will not have to be paid, for Town employees. He advised that the Committee recommended using the money for a Christmas bonus, with the total amount being divided evenly between the employees. The recommendation was seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Chairman Worrell continued that Committee discussed the roof of the Cosmos portion of the building in the Maple Shade building. An inspection of the roof showed that the roof had to be replaced. Since this money was not included in the budget, Committee recommended using the un-appropriated surplus to make the $70,000 repair. The recommendation was seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Chairman Worrell advised that Committee also discussed the RFP’s for the Maple Shade Shopping Center with no action taken. Chairman Worrell continued that Committee met on another date and reviewed material concerning the Memorial Drive property. Additionally, Committee discussed a request for assistance for publication of a Pulaski Train Station history. Committee will discuss the issue further and return to Council. Mayor Stewart requested that the Clerk include the Finance Committee minutes of the 10-15-02 meeting and 11-5-02 Work Session in the Council minutes. Public Operations Committee Chairman Neblett advised that Committee met and discussed the Vaughn right-of-way issue on Newbern Road. The owners had asked the Town to take the road into its system. The Committee recommendation was for the Town to take the Vaughn right-of-way into the Town system with the understanding that it will be maintained the way it is now, and if a developer develops the land behind it, it will be at the developers cost. The recommendation was seconded by Councilman Fleenor and carried on voice vote. Chairman Neblett continued that Committee discussed the use of the railroad station after the Chamber of Commerce relocates. Town staff is to assess needed repairs and options and return to Council with its findings. Chairman Neblett also advised that Committee discussed the success of Clean Up Day and discussed scheduling another one in the spring. Additionally, the Committee received an update on the roof at the Maple Shade property and confirmed that the roof replacement was in progress. Councilman Neblett advised that the Board of Supervisors approved plans for a sewage overflow retention basin, which would enable the Peppers Ferry Authority to borrow state revolving loan funds to improve the pump station and the overall system. Ordinance Committee Chairman Black advised that Committee met and discussed recycling with respect to new reporting requirements from the NRRA. Town staff had been asked to research whether the County had an ordinance requiring local business and industry to report recycle quantities. He asked Mr. Hawley if he had that information. Mr. Hawley advised that Mr. Fred Hilliard was scheduled to meet with Pulaski County, gather the information and notify Mr. Hawley of the outcome. Human Resources Chairwoman Steger advised that the Committee had not met. However, she advised that the Committee would begin work on updating the Personnel Policies in January of 2003. Safety Committee Chairman Fleenor advised that Committee met and recommended that in-town police officers be assigned police department vehicles and allowed to take them home for appropriate personal use by the officers in accordance with the approved police department policy. The recommendation was seconded by Councilman Bolen and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Under Mayor’s Report, Mayor Stewart advised that Councilwoman Steger had been working diligently to get a General Motors Corporation franchise into the Town. He advised that a letter had been received from General Motors turning down the Town’s request. Town Attorney Eley gave a projects update, including review of contracts, zoning ordinance, zoning map and Comprehensive Plan; rendered opinions regarding the RFP process, use of police vehicles by off duty police officers and conduct during Council meetings; work on a UDAG loan, and lease preparation, among other items. Town Manager Hawley, in his Manager’s Report, informed Council of various activities which included that the Town cleared about $21,000 on the surplus auction, a review of the status of the trees on Main Street, and the replacement of drainpipe among other items. Under Old Business, Mr. Hawley advised that at Council’s last meeting there was a motion to conduct an additional feasibility study on Phase 3 of the Trail and find out from VDOT if the funds could be moved to Phase 3. VDOT has advised that it is permissible to use the funds to construct the Trail at a different location. If Council transfers that $200,000 to Phase 3 and accepts the grant for $96,000, then there would be enough funds to construct a Trail on the south side of Peak Creek from the current terminus at Xaloy to the Train Station. The plans must be approved by VDOT, environmental documents must be completed, and easements and right-of-ways have to be certified. Mr. Hawley recommended that Council allow the Parks and Facilities department to contact the citizens who have expressed interest in assisting with the Trail. Mr. Hawley also advised that he has been informed that commitments need to be made regarding funding, especially since the state budget is so tight. Regarding the current status of the easements for Phase 3 of the Trail, Mr. Hawley advised that there were five easements that needed to be collected and another three easements remained pending for a total cost of approximately $13,500. Mayor Stewart advised that decisions needed to be made regarding whether to accept the grant for Phase 2 of the Trail; whether or not to direct staff to pursue the remaining properties and easements for Phase 3; and sending the plans to VDOT for approval. Councilman Fleenor reminded the Mayor that a prior motion had been adopted to have a 90 day cooling off period before making any decisions on the Trail, and that time period ends with the December 3, 2002 Council meeting. Following discussion, Councilman Worrell moved to accept the $96,000 grant for Phase 2 of the Trail, and was seconded by Councilwoman Steger. The motion was ruled out of order, as the motion needed to come from a Council member from the prevailing side of the issue. Councilman Neblett suggested holding a special meeting to discuss the issue and attempt to clarify some points of contention. Mayor Stewart advised that a Special Council meeting was to be called for November 14 at 4:00 p.m. and the matter could be discussed at that meeting if desired. Councilman Black verified that with the $200,000 transferred to Phase 2 and 3 of the Trail and the $96,000 grant, if accepted, there would be enough funds to complete the Trail. Councilwoman Mitchell, (a member from the prevailing side of the issue), then moved to accept the $96,000 grant for Phase 2 of the Trail. Motion died for lack of a second. The next item on the agenda was new car dealership incentives under New Business. Mr. Hawley advised that the Town and the County have been working to try to acquire new car franchises in the Town. As part of the negotiation, staff recommended that the Town offer Duncan Automotive up to $16,870 over a three year period in grant funds as a financial incentive to locate potential new car franchises to the Town. Councilman Worrell moved to direct the Town Attorney to prepared an Ordinance approving incentives for prospective auto dealerships. His motion was seconded by Councilman Black and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Next, Council addressed the downtown business plaza RFP’s. Mr. Hawley summarized the RFP process and results for the Maple Shade downtown business plaza. He reminded Council that Mr. John Owens also had a proposal on the table. He requested that the November 14, 2002 called Council meeting be used to discuss the pros and cons of each scenario so that the proper decision could be made. He advised that Council also needed to decide how it’s going to handle the existing funds that the Town has for the Museum. From the public, Oscar Seagle addressed Council regarding the Maple Shade Downtown Business Plaza and specifically the proposal from Mr. John Owens. His opined that Mr. Owens proposal should be included in the discussion of RFP’s because Mr. Owen’s proposal was turned in before the RFP’s were requested. The Town Attorney explained that according to the statute, Council must take action on the two pending legitimate proposals before any other action can be taken. Mr. Owen’s proposal was not received within the time period of the advertisement and can not be included in the RFP process. He opined that if Council does not accept one of the two pending proposals, then they must go through the RFP process again, at which time, Mr. Owen may respond to the RFP according to the rules of the RFP. Mr. John Owen addressed Council advising that he turned his proposal in before the RFP’s were advertised and that he was under the impression that his proposal would be included in that process. He stated that he was not aware that he needed to submit another proposal in response to the RFP. He asked Council to consider his proposal along with the RFP’s. Mr. Hawley read from the minutes of the July 23, 2002 Council meeting that clarified that consideration would be given to all proposal submitted in proper response to the RFP. Mr. Eley added that in addition to his research on the matter, he consulted the Virginia Municipal League and three other Town Attorneys who are familiar with the procurement act, and they all agree that Council must act on the two legitimate responses to the RFP before any other action can be taken. Following extensive discussion, Councilman Fleenor moved to act on the two legitimate responses to the RFP immediately, seconded by Councilwoman Mitchell and carried on the following recorded vote: Jeffrey S. Worrell - No Bettye H. Steger - No Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - No James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Town Attorney Eley advised that any motion to refuse a proposal must include a reason in the motion. Councilman Neblett inquired whether staff had a recommendation. Mr. Hawley advised that his recommendation had been to discuss the pros and cons at the called Council meeting on November 14, 2002. He added that the consensus of the review committee was that neither proposal was in the best long-term interest of the Town. Councilwoman Steger moved to accept the proposal from Bill Warden who proposed to manage the Business Park that is owned by the Town for $1 per year, as property manager, plus normal overhead for contractual services. The agreement would extend for one year, with all revenues generated by the Business Park coming to the Town of Pulaski, would be reinvested in the maintenance of the buildings, securing them for future use or, in some cases, preparing them for future tenants. Motion died for lack of second. Councilwoman Mitchell moved to reject the proposal by E & H Land Company, L.L.C., to purchase the storefront currently occupied by Showtime/Etc, Etc., and the adjacent storefront, formerly the Renfro Sock Shop, because it will divide the entire Maple Shade property, making it difficult to sell, and/or manage. Her motion was seconded by Councilman Fleenor and carried on the following recorded vote: Jeffrey S. Worrell - Abstain Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - No James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Next, Council addressed the lease for MTM, Inc. Councilman Neblett moved to direct the Town Attorney to prepare an Ordinance to accept the lease if signed by MTM, Inc., and was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart reminded Council that the next regularly scheduled Council meeting would be at December 3, 2002 at 7:00 p.m., and a called Council meeting will be held November 12, 2002 at 4:00 p.m. at which time discussion will ensue regarding signing the MTM, Inc. lease and the future use of the Maple Shade property. There being no further business, the meeting adjourned on Councilman Neblett’s motion, which was seconded by Councilman Worrell and carried on voice vote.