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HomeMy WebLinkAbout04-06-04Minutes of the Town Council meeting held April 6, 2004 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Charles W. Stewart, Jr., 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 Gary Roche, Police Chief Bill Pedigo, Town Engineer John White, Economic Development Director Tom Compton, Building Inspector Patricia Cruise, Clerk of Council Others: Glenna F. Jones Lane R. Penn Nancy O’Neill Bill Schrader Richard M Dickerson Myron Aust Dave Dalton Bill Warden Henry Cook Charles Wade J. R. Schrader Inez Tracy Violet Atkins Margaret Hancock David B. Spangler Nick Cole David Hart Wayne Seagle Warren Mills Bill Hager Don Mabry Melanie Mabry Norman Craft Cindy Craft Judy King Courtney King Jo Beth Wampler, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Fleenor led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following roll call, Mayor Stewart advised that item 14c on the agenda should read Ordinance 2004-06, rather than 2004-08. Additionally, he added item 15h to the agenda, to consider a zoning issue. The next item on the agenda was a Public Hearing on Planning Commission Case 2003-05, structure orientation of a corner lot. Mr. Quesenberry summarized the history of the zoning regarding corner lots, advising that the Planning Commission and the Ordinance Committee have each reviewed this issue on several occasions. The final recommendation from the Ordinance Committee is that the front of all structures must face the front of the lot, except for corner lots in a residential district, where the structure must face a street. Mayor Stewart opened the Public Hearing at 7:05 p.m. There being no comments, the Public Hearing closed. The next scheduled Public Hearing was regarding setbacks for residential districts. Mr. Quesenberry summarized the history of the zoning regarding setbacks for residential districts, advising that the Planning Commission and the Ordinance Committee have each reviewed this issue on several occasions. The final recommendation from the Ordinance Committee was that the front setbacks for RR, R-1 and R-2 be 35 feet from the right of way, 12 feet on the side and 25 feet minimum rear setback; and that R-3, R-4 and R-5 front setbacks be 25 feet, side setbacks be 5 feet and the minimum rear setback be 25 feet. He advised that the R-O zone was inadvertently omitted and will be reviewed by the Planning Commission. Mayor Stewart opened the Public Hearing at 7:12 p.m. There being no comments from the public, the hearing was closed. The final Public Hearing on the agenda was a case # 2004-01RZ,rezoning for a Country store at Pierce Ave. and Dora Highway. Mr. Quesenberry advised that Bill and Ann Hager have requested a rezoning for a property at the corner of Pierce Avenue and Dora Highway from R-4 to B-1. The Hagers wish to open a Country store to provide a variety of grocery and hardware items as well as items necessary for use by bikers on the trail. He advised that the request appears to conform to general goals of the Comprehensive Plan and that all advertising requirements had been met. Additionally, he advised that the Planning Commission’s recommendation was to approve the request. Mr. White, Economic Development Director addressed Council and encouraged Council to support the plan. He opined that the Town needs to send a signal that the Town of Pulaski is encouraging business and investment. Councilwoman Steger inquired whether a traffic study had been done. Police Chief Roche replied that he had not done a study. Mayor Stewart drew Council’s attention to a dilapidated building next to the site and requested that the building be placed on the building demolition list for the Town. Next, Mr. Hager addressed Council reaffirming Mr. Quesenberry’s summary and offering to answer additional questions. Councilwoman Steger inquired whether Mr. Hager intended to sell beer and wine? Mr. Hager answered no. Mayor Stewart opened the Public Hearing at 7:30 p.m. Bill Warden addressed Council on behalf of his mother, who owns property next to Mr. Hager, advising that she was in favor of the proposal. On a personal note, Mr. Warden advised that he was for the proposal, agreeing with Mr. White that if the Town is going to say that it is “open for business, let’s be open for business.” Additionally, he opined that it will provide a stopping point on the trail. J. R. Schrader, Dave Dalton, Bill Schrader, Kathryn Cummings and Don Mabry all addressed Council speaking in favor of the proposal. Norman & Cindy Craft addressed Council speaking against the proposal citing traffic concerns, noise concerns, and the possibility of devaluation of property in the area. They presented a petition signed by people from 7 addresses on Dora Highway who were against the proposal. Mr. Hawley advised that according to the 2002 VDOT Annual Traffic Estimate, the average daily number of vehicles on the street is 1100 to 1200 vehicles. Mayor Stewart advised that Mr. John Hager called the Town Manager’s office and spoke against the proposal citing traffic and noise concerns. Mayor Stewart closed the Public Hearing at 7:47 p.m. Mayor Stewart asked the Town Manager for an update on completion of the Trail, since it seemed to be entwined with the Hager request. Mr. Hawley advised that on March 31, 2004, the Town asked VDOT to release $200,000 for Phase III of the Trail pending the environmental clearance and the receipt of a letter from the Department of Historic Resources so that the Town can go out to bid. The Engineering Department has been working to submit the construction permit to the Department of Environmental Quality. The Town hopes that the contract documents will be ready to go to bid on April 19, 2004. He added that the money has to be released by the Federal Highway Administration before the Town can bid the project. Mayor Stewart asked how long construction was expected to take? Mr. Hawley estimated approximately four or five months for the construction. He advised that he hoped to be finished by the end of fall. He added that this part of the Trail will not be paved. It will be a gravel walking/biking trail similar to the New River Trail. It will tie into the current paved trail at Cool Springs, and then go out the southern bank of Peak Creek and cross back under the Route 99 bridge and trestle and tie back into the New River Trail. Mayor Stewart moved on to the Public Comment period. Violet Atkins addressed Council regarding the hardships that increasing water and sewer bills and taxes are causing for the citizens. She asked Council to try to find another way to meet the Town’s needs. Next, Dave Dalton addressed Council regarding the timbering of Draper Mountain. He inquired whether the Town was going to timber off the top of the mountain above Route 11? Mr. Hawley advised that the Town bid the timbering rights on several tracts of land and the last tract to be timbered is about 60 acres to the left of Route 11 going up the mountain from approximately the Armory to the Overlook. Mr. Dalton advised that he was under the impression that the contract was for selective cutting, not clear cutting. He asked that Council rethink clear cutting the top of the mountain. He opined that it is going to look awful. Next, Mr. Wayne Seagle addressed Council regarding a proposal to open a sports complex. The complex would house a fitness center and an indoor firing range. Mayor Stewart thanked Mr. Seagle and advised Council that this would be discussed under item #15h of the agenda. The Mayor moved on to the Consent Agenda. Councilman Black moved to accept the Consent Agenda consisting of the minutes of the March 2 and March 22, 2004 Council meetings, seconded by Councilman Bolen and carried on voice vote. Mayor Stewart moved on to Committee Reports. Finance Committee Chairman Worrell advised that the Committee met and discussed the water and sewer fund budget for the next fiscal year. He reminded Council that the water and sewer funds are Enterprise funds and must stand alone within the Town budget and are required to be self-supporting. The amount of revenue needed to balance the proposed water fund is $1,100,411. This could be accomplished by adjusting the water rates. The Finance Committee moved to schedule a public hearing for water rate adjustments in May of 2004, seconded by Councilman Fleenor 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 the amount of revenue needed to balance the sewer fund was $1,221,481. This could also be accomplished by adjusting the sewer rates. The Finance Committee moved to schedule a public hearing for sewer rate adjustments in May of 2004, seconded by Councilman Bolen. Councilwoman Steger asked the Town Manager to explain why the sewer rates are so high, advising that she is asked that question all of the time. Mr. Hawley advised that the sewer charges are governed by the amount that Peppers Ferry Wastewater Treatment Authority charges the Town. The sewer is pumped seventeen miles from Pulaski to the pump station owned by P.F.R.W.T.A. He reminded Council of the forty million gallon loss of revenue from the closing of the Renfro plant and the reduction in work force at Cintas. All of these factors have led to the need for the increase in the sewer rates. He added that the Town has reduced costs at the Water Treatment Plant by changing to a twelve hour shift and by not filling two vacant positions. The motion then 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, Mayor Stewart gave the Planning Commission report advising that the Commission met and recommended approval of the Bill Hager rezoning request. He advised that the Commission will consider the request to amend the Home Occupations section of the zoning ordinance at its April 12 meeting. Human Resources Chairwoman Steger advised that the Committee met and recommended the following appointments to the New River Valley Development Corporation: James M. Neblett, Jr. will serve as the government representative Nancy Riggins will serve as the banking representative Norman (Corky) Craft will serve as the general business representative Elrica (Ricky) Graham will serve as the community interest representative Councilman Black seconded the motion and it 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 Safety Committee Chairman Fleenor gave his report advising that the Committee recommended that Council not consolidate the Fire and Police Department, but keep lines of communication open for areas of cooperation on joint services. The 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 Chairman Fleenor continued that the Committee reviewed a request for a salary adjustment of $1,000 for each full time fireman for a total of $10,000 annually, and to increase the volunteer pay from $10 to $12 for each call answered. The Committee recommended that the Finance Committee review the request during the budget discussions. Additionally, the Committee heard a request from Mike Smith for assistance in presenting a noise abatement seminar. The Committee asked the Police Department to assist and co-sponsor the seminar. Chairman Fleenor also advised that the Committee decided not to act on the purchase of surveillance cameras because they felt that the money could be better used in a different area. Chairman Fleenor advised that the VML recommended that a safety policy resolution be adopted. This would help to keep the insurance rate for the Town as low as possible. The Committee recommended adoption of Resolution 2004-09. Councilman Neblett advised that the expansion at Peppers Ferry Wastewater Treatment Plant is progressing well. Mayor Stewart gave his report, including the receipt of a several letters: Gary Heinline of New River Valley Senior Services, Inc. wrote advising that the demonstration project has been recommended for approval to the Secretary and the Commonwealth Transportation Board. The Commonwealth Transportation Board will meet as soon as the General Assembly passes a budget. Pulaski Baseball wrote advising that they wish to exercise the option to extend the lease of Calfee Park for two years according to the terms of the contract. This will extend the contract through the 2006 season. Councilwoman Steger moved to allow the Town Manager and the Town Attorney to proceed with the contract with Pulaski Baseball, Inc, 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 The Pulaski County Chamber of Commerce wrote thanking the Town for it’s participation in the Business Expo. They requested that an evaluation form be completed and returned to them to aid them in deciding whether to host another Expo next year. The Pulaski County Library System wrote asking for a donation of money, prize item, coupon, gift certificate, etc. to the library to support the Pulaski County Library System Summer Reading Program. Councilman Fleenor moved to refer the request to the Finance Committee for review with the budget, seconded by Councilman Neblett and carried on voice vote. Mayor Stewart also advised that Critzer Elementary School wants to add an advisory and activities sign near Bob White Boulevard. Because of zoning regulations, they are limited to 32 square feet total to be used for a sign and the existing block lettering of the school’s name counts against that. He suggested referring the issue to the Planning Commission for consideration. He suggested that exceptions to this rule be made for churches, public or governmental buildings, and schools. Councilman Black moved to refer the request to the Planning Commission for consideration with exceptions to the rule being made for churches, public or governmental buildings and schools, 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 Councilman Neblett moved to schedule a joint Council meeting in May with the Planning Commission to hold a Public Hearing for the sign request. Motion was seconded by Councilman Black and passed 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, Mayor Stewart advised that the Town has recently acquired some land surrounding the Trail. He thought it was time for the Town to designate by ordinance or resolution, that the land abutting the New River Trail extension be designated as parkland, and that it be confined to uses specified by the state’s New River Trail plan. Mr. Eley advised that a referral to the Planning Commission would be required to change the zoning by the Trail. Councilman Worrell moved to refer the discussion of rezoning the land by the Trail to the Planning Commission for study and recommendation, 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 - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mr. Eley, Town Attorney, gave his report including work on zoning matters, appearance at the Supreme Court case for a BZA case; work on dilapidated structures cases, processing UDAG loan, Ordinances and contract work for the 911 lease. The Town Manager gave his report including that the Town received no responses to the RFP for the health insurance - an extension has been requested from Anthem until May 14; the Parks department is contracting with musical groups for the Concert in the Park series for the summer; the police department will be including the Trail in their bike patrols; the Adopt A Street, Spot or Stream program is set to begin again. The Town is looking for clubs, groups or individuals to adopt a street, spot or stream to agree to clean four times a year. A sign would be erected recognizing the adopting group. Additionally, he advised that the Parks and Facilities department and the Fine Arts Center are cosponsoring a Beatles imitation group called “1964 The Tribute”. This paid admission performance will be held at Calfee Park on October 9, 2004. The first item under Old Business was the VDOT Supplemental Agreement. Mr. Hawley advised that the paperwork had arrived for the VDOT supplemental agreement for the Ratcliffe Museum Expansion. He advised that he needed authorization for the Town Manager to execute the agreement. Councilman Neblett moved to authorize the Town Manager to execute the VDOT supplemental agreement for the Ratcliffe Museum Expansion, 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 moved on to the VDOT Administration agreement for the Iron Bridge Bike and Walking Trail. Mr. Hawley advised that the paperwork had arrived for the Tea 21 grant for the Iron Bridge Bike and Walking Trail. He advised that he needed authorization for the Town Manager to execute the agreement. Councilwoman Steger moved to authorize the Town Manager to execute the VDOT administration agreement for the Iron Bridge Bike and Walking Trail, 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 The next item on the agenda was Ordinance 2004-06, closing Hickory Street. Councilman Bolen moved to adopt Ordinance 2004-06, closing Hickory Street, 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 Mayor Stewart moved on to amending the zoning ordinance. Councilman Black moved to direct the Town Attorney to prepare the Ordinance regarding the placement of structures on corner lots, 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 Next, Mayor Stewart addressed setbacks. Councilman Neblett moved to direct the Town Attorney to prepare the necessary Ordinance regarding setbacks, 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 Pauline G. Mitchell - Aye Mayor Stewart advised that the next item was rezoning for a country store. Councilman Worrell moved to direct the Town Attorney to prepare an Ordinance to approve the rezoning for the country store, 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 - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Mayor Stewart moved on to New Business. The first item was Resolution 2004-07. Councilman Fleenor moved to adopt Resolution 2004-07, appointing the governing and administrative committee for the “Art of the Garden” event, 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 The next item was Resolution 2004-08, requesting industrial access funds from the Commonwealth Transportation board for the Pulaski Business Park. Councilman Black moved to adopt Resolution 2004-08, 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 - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Next, Mayor Stewart moved on to Resolution 2004-09. Councilman Black moved to adopt Resolution 2004-09, Safety Policy for the Town of Pulaski, Virginia, seconded by Councilwoman Mitchell 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 The next item for consideration was Resolution 2004-12, Supporting reauthorization of federal transportation programs. Councilman Fleenor moved to adopt Resolution 2004-12, 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 moved on to Resolution 2004-13, appointing the governing and administrative committee for the candidate forums. Councilwoman Steger moved to adopt Resolution 2004-13, 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 The next item on the agenda was to refer amending RO-1 setbacks to Planning Commission. Councilman Black moved to refer the RO-1 setbacks to the Planning Commission, seconded by Councilman Fleenor 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 Council moved on to a request by a businessman to locate an indoor firing range at the former Virginia Block building on Route 99. Mr. Quesenberry advised that Mr. Seagle wished to locate a fitness center and indoor firing range at the former Virginia Block building on Route 99. This is zoned B-2, General Business District. He advised that there were three options available to Council for this request: Refer the request to the Planning Commission to amend the zoning ordinance to add this activity as a special exception under the B-2 district. Amend the permitted uses of the B-2 regulations to permit indoor firing ranges as a use by right. Allow an application for an indoor firing range as a special exception subject to a determination by Town Council. Following discussion, Councilman Neblett moved to refer the request to the Planning Commission for discussion at the joint Council meeting in May, 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 Mayor Stewart advised that the next Council meeting falls on election day. He inquired whether Council wished to change the Council meeting date for May. Following discussion, Councilman Neblett moved to change the next Council meeting date to May 11, 2004, seconded by Councilman Fleenor. This will be a joint meeting of Council and the Planning Commission. The motion 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 There being no further business at 8:55 p.m., Councilman Black moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. 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 - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Council returned from Closed Session at 9:09 p.m. and adopted the Certification Resolution for the Closed Session on motion by Councilman Worrell, 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 The meeting adjourned at 9:10 p.m. on motion by Councilman Neblett, seconded by Councilman Fleenor and carried.