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HomeMy WebLinkAbout05-11-2004Minutes of the joint Town Council – Planning Commission meeting held May 11, 2004 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Members: Jeffrey S. Worrell, Bettye H. Steger, Kenneth M. Fleenor, John T. Bolen, E. G. Black, Jr., James M. Neblett, Jr., Pauline G. Mitchell Planning Commission: Kathleen Kirk, Chair Members: Charles Stafford, Nick Glenn, Tim Clontz Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David N. Quesenberry, Asst. to the Town Manager Gary Roche, Police Chief John White, Economic Development Director Patricia Cruise, Clerk of Council Others: Nancy Strasser Wayne Seagle Warren Mills Marvin Covey Kaci Payne Jessica Talbert Betty Quesenberry Joel B. Burchett, Jr. Dan Talbert, Jr. Lane Penn Henry Cook JoBeth Wampler, Press Scotty Wampler, Press Mary Goad, Press Don Simmons, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Black gave the Invocation. Following roll call of the Town Council and of the Planning Commission, Mayor Stewart recognized the high school government class students that were present. Additionally, he recognized high school student Kaci Payne, who came in 2nd place in the state competition in the 135 pound wrestling class. Next, Mayor Stewart advised that the joint meeting of Town Council and Planning Commission was being held to discuss three matters. He advised that Mr. Quesenberry, Asst. to the Town Manager, would present each case, followed by public comments. After all three issues had been addressed, the Planning Commission would retire to a separate room to deliberate the cases and Town Council would continue with their regular meeting. When the Planning Commission completed their deliberation, they would return to the Council meeting and deliver their recommendations to Council. Mr. Quesenberry advised that the first public hearing was to consider setbacks for the RO-1 Residential Office District and setbacks for corner lots under Section 611.2 of the Zoning Ordinance. He advised that the residential office setbacks were inadvertently left out of a memo prepared regarding setbacks in residential districts. Even though subsequent advertisements did include the RO-1 District, acting on the advice of legal counsel, the issue was referred back to proceed on its own through the public hearing process. Mr. Quesenberry continued that the Ordinance Committee had recommended the following setbacks for RO-1 District: Minimum setback (front) 25 feet; minimum side yard 5 feet; and minimum rear yard 25 feet. Mr. Quesenberry added that with respect to Section 611.2, “Special provision for corner lots”, the current regulations require that the side yard of that section of a corner lot which faces the side street shall be at least 20 feet for both main and accessory structures. The Planning Commission has recommended that the side yard setback be ten (10) feet. Randy Eley, the Town Attorney, advised that the Supreme Court had just ruled on several cases regarding setbacks. He urged Council to carefully apply the setbacks because with the new case law, whatever setback is set will be difficult to grant a variance. Mayor Stewart asked whether the Town Attorney thought that this should be sent back to the Planning Commission for discussion because of the new case law? The Town Attorney answered in the affirmative. Mayor Stewart opened the Public Hearing at 7:12 p.m. There being no comments, the Hearing was closed. Councilman Neblett moved to ask the Planning Commission to review the setbacks for RO-1 and 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 - No The next Public Hearing was 2003-06SE, regarding a special exception for a fitness center and indoor firing range at 520 East Main Street. Mr. Quesenberry advised that the applicant is seeking a special exception to operate a fitness center and indoor firing range at 520 East Main Street. The request for this use was found by Town Council to be an activity of the same general character as other retail and service establishments allowed in the B-2 General Business District. The applicant must be certified by the National Rifle Association in order to secure insurance coverage. Staff recommended that if the proposed use is approved, that the special exception at a minimum, mandate that all required certifications and insurance policies be secured, as well as compliance with all applicable federal, local and state regulations for operating the facility. Randy Eley, the Town Attorney, advised that if the exception is approved, the recommendation needed to include compliance with “local, federal and state regulations.” Following discussion by Council, Mayor Stewart opened the public hearing at 7:20 p.m. The applicant, Mr. Seagle, advised that he had contacted the Department of Alcohol, Tobacco and Firearms and learned that no permit was required unless Mr. Seagle chose to sell firearms. He will not sell firearms. He added that Mr. Quesenberry had summarized all of the specifics for the request, but if Council or the public had further questions, that he would be glad to answer them. Dan Talbert inquired into the type of guns that would be used, provisions for the control of ammunition, and the structural integrity of the building. He pointed out that the Trail is located directly behind the building. Mr. Seagle responded that the guns used would be hand guns; he explained the control measures for the ammunition; and he described the design components of the building. There being no further comments from the public, the Public Hearing was closed at 7:26 p.m.. The next Public Hearing was for 2004-07 PH, regarding amendment to the sign ordinance in the R-2 District. Mr. Quesenberry advised that the Critzer PTO wished to erect a sign at the school, which is located in the R-2 Residential district. According to the current regulations, the maximum sign area allowed in an R-2 is 50 square feet. However, the large letters on Critzer School’s gymnasium counts as one sign and an additional sign at the student boarding area would exceed the maximum allotted sign area. Mr. Quesenberry reviewed the criteria for consideration by Council. Mayor Stewart opened the Public Hearing at 7:32 p.m. Warren Mills, representative of the PTO for Critzer Elementary addressed Council advising that the sign is a nice 4’ x 8’ sign. He added that the PTO wished to use it as an informational sign for school functions. Additionally, he advised that the principal of Critzer had approved the sign. There being no further comments, the Public Hearing closed at 7:35 p.m. At this time, the Planning Commission retired to consider the three public hearings. Mayor Stewart continued the remaining Public Hearings. The next hearing was the on cell phone tax. Mr. Hawley advised that staff proposed increasing the cell phone tax to 10% of the first $30 gross charge, effective after 120 day notice to the companies. He added that this was the maximum allowed by the state. Mayor Stewart opened the Public Hearing at 7:37 p.m. There being no comments from the public, the Public Hearing was closed. The next Public Hearing was regarding the cigarette tax. Mr. Hawley advised that the staff proposed raising the cigarette tax from $.10 per pack of 20 cigarettes to $.15 per pack of 20 cigarettes. He advised that all sources of revenue have been reviewed in an effort to formulate the 2004-05 budget. Mayor Stewart opened the Public Hearing at 7:38 p.m. Linda Buzzelli addressed Council opposing the increase in the cigarette tax. She expressed concern for the Town businesses who would have to compete with the County businesses if the Town raised the cigarette tax. Currently, she advised, the County does not have a cigarette tax. She advised that cigarette sales are a large percent of the profit for her convenience store. She asked Council not to increase the cigarette tax. Additionally, she opined that the Town could increase the amount of cigarette taxes paid to the Town by investigating the stores in the town to ascertain who purchases their cigarettes in the County and then resell them, rather than purchasing them in the proper manner. There being no further comments from the public, the Hearing was closed at 7:43 p.m. Next, Council moved on to water and sewer rates. Mr. Hawley advised that staff was recommending an increase in the water and sewer rates. He advised that measures had already been taken to reduce expenditures in each department by decreasing staff and hours worked. He added that charges for debt service have increased and treatment charges have increased, as well as chemical costs. Additionally, revenues are down. Mr. Hawley advised that the proposed rate adjustments to the volume charge for water rates for the Town are as follows: Volume In-Town Out of Town   Existing Proposed Existing Proposed  1,000 to 20,000 gallons $1.63 $1.95 $3.26 $3.36  Next 689,000 gallons $1.33 $1.65 $2.66 $2.76  Over 700,000 gallons $1.19 $1.23 $2.38 $2.46   There will be no changes to the fixed charge for water service. The proposed changes in the volume charge for sewer service are as follows: Volume In-Town Out of Town   Existing Proposed Existing Proposed  1,000 to 699,000 gallons $3.55 $3.90 $7.11 $7.11  Over 700,000 gallons $3.55 $3.70 $7.11 $7.11   There will be no changes to the fixed charge for sewer service. Councilwoman Steger confirmed with Mr. Hawley that the water and sewer funds are enterprise funds and must be independent from the general fund. Councilman Fleenor expressed concern that the rates are being increased more for the Town citizens than the County citizens. Mr. Hawley advised that the County citizens are already paying double what the Town citizens are paying. He did not feel that it was fair to ask the County citizens to pay double what the Town citizens are paying. Mayor Stewart opened the Public Hearing at 8:00 p.m. There being no comments, the Public Hearing was closed. Mayor Stewart moved on to the real estate tax. Mr. Hawley advised that after extensively reviewing the proposed budget, staff recommended that a tax rate of $0.30 per $100 of assessed value be adopted. He cited increases in the employee health insurance, employee retirement system, as well as increases in other insurance. Staff has diligently tried to decrease expenses, and have eliminated or not filled employee positions. Mayor Stewart opened the Public Hearing at 8:06 p.m. Nancy Strasser addressed Council speaking against the tax increase. She expressed concern that when an accounting windfall was discovered, that the monies were immediately spent. She felt that before the windfall was discovered, the budget was balanced, therefore she felt that a tax increase was not necessary this year. She asked Council to adopt a budget that can be fully funded without any increase in tax bills for this year. Regarding next years budget, she recommended that Council start thinking of more creative means to generate revenues through sources like users fees, code enforcement, business licenses and building permits rather than just increasing the tax burden on the Town citizens. There being no further comments, the Public Hearing was closed at 8:08 p.m. Councilman Worrell commented that the Town is in a difficult time with its budget. No one is happy with the proposed budget. Council is not able to accommodate all of the projects that it wants to fund. Staff has not received all of the items that they feel they need to function. The citizens are not happy because a tax increase is involved. He opined that to cut the budget any more would result in significant decreases in services to the citizens, and lead to further decay of the Town infrastructure. He advised that because of printing requirements, Council needed to decide what to set the tax rate at. Councilman Worrell moved to direct the Town Attorney to prepare an Ordinance setting the tax rate at $0.30 per $100 assessed value, seconded by Councilwoman Steger. Mr. Hawley asked to address some of Mrs. Strasser’s comments from the Public Hearing. He advised that when the accounting windfall was discovered the Town was able to return the employee insurance to the current level that they have rather than to a reduced benefit plan. Additionally, some items that were previously going to have to be taken from the Cash Reserves are now covered under line items and some contributions were increased. Following discussion, Councilwoman Mitchell made a substitute motion to set the tax rate at $.028 per $100 assessed value. The motion died for lack of a second. The original motion to direct the Town Attorney to prepare an Ordinance setting the tax rate at $0.30 per $100 assessed value then passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - No Mayor Stewart moved on to the Public Comment period. Mr. Marvin Covey addressed Council regarding his concerns regarding the deer population. He suggested that Council consider some type of program to control the deer population. Councilman Neblett moved to refer consideration of a deer control program to the Safety Committee for consideration, 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, Nancy Strasser addressed Council making suggestions for Council’s consideration to increase Town revenues. She recommended increasing building permit fees, charging for yard sales, and better enforcement of all of the Town ordinances with fines imposed. (Her comments are included in the official Town Council minutes). There being no further comments, Mayor Stewart moved on to the Consent Agenda. Councilwoman Steger moved to adopt the April 6 and April 19, 2004 Council minutes, seconded by Councilman Neblett. The motion carried on voice vote. Mayor Stewart moved on to the Committee Reports. Finance Committee Chairman Worrell advised that the Committee had met several times to work on the budget. He had no report at this time. Public Operations Committee Neblett advised that the Committee met and recommended the following items: That the end of Franklin Avenue from Eighth Street to Peppers Ferry be closed and that a Public Hearing be scheduled. The motion was 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 That Council allow Claude Newman to take the little cannon from Jackson Park to the Mount Olivet Community Center for Old Soldiers Day, July 23, 2004. The cannon would be for display only. The motion 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 That Council inform the Museum Committee to proceed with raising funds for a free standing building, but that the Town is not going to make a financial commitment to the project at this time. Further that the Town will assist with a grant application if the Museum Committee decides to pursue it, but will not financially help. And finally that the Town will develop a master plan for the Maple Shade Plaza. The motion was seconded by Councilwoman Mitchell. Discussion proceeded on the building being on Town property and the need for an Ordinance to allow the Museum/Fine Arts Center building on Town property. Mayor Stewart requested a substitute motion that would include directing the Town Attorney to prepare an Ordinance for the use of Town property along with the original contents of the Public Operations motion. Councilman Fleenor made a substitute motion to include directing the Town Attorney to prepare an Ordinance allowing the Museum Committee to use the Town land to locate the Museum as well as the Public Operations Committee recommendation, seconded by Councilman Black. Mr. Hawley interjected that the Town will own the building that the Museum and Fine Arts Center will occupy. However, in the future that may change. He agreed the substitute motion was needed with the original recommendation. The amended motion carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Abstain Kenneth M. Fleenor - Aye John T. Bolen - Aye E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - Aye Councilman Neblett continued that the Public Operations Committee also considered a request to lease or use the property that the Town purchased on Route 99 for a Flea Market. Since the Planning Commission was already set to consider making the area a green way for the Trail, the request was denied. Additionally, Councilman Neblett advised that the Committee considered a request to pave Deerfield Drive. Following discussion, the Committee decided to consider the request to repave the street in the future. And finally, Councilman Neblett advised that Councilman Fleenor suggested that the section of the Trail that has been completed should have a proper sign marker. He suggested that the sign read Peak Creek Branch or something similar. Next, Ordinance Committee Chairman Black advised that the Committee met and discussed several items which had been discussed in the Public Hearings held earlier in the evening. He advised that the Ordinances were scheduled for later in the Council meeting. Mayor Stewart advised that the Planning Commission had returned from their consideration of the Public Hearings. He asked for their recommendations. Mr. Quesenberry, Assistant to the Town Manager, presented the Planning Commission recommendations: Regarding case 2004-05PH, regarding the setbacks in the RO-1 district, the Commission recommended 25 feet for the front set back, 10 feet for the side and 25 feet for the rear. Regarding case 2004-06SE, regarding the fitness center and firing range, the Commission recommended approval of the use as a special exception on the condition that Mr. Seagle provide the proper certifications and insurance specific to a shooting range and comply with federal, state and local laws. Regarding case 2004-07PH, regarding the sign issue, the Commission recommended that the additional signs be allowed by special exception, but limited to public buildings defined as government buildings, schools, administration buildings with the area being greater than 50 square feet and less than 100 square feet. The Town Attorney advised that Ordinances had been prepared for Council’s consideration and could be considered under New Business. Mayor Stewart advised that the Planning Commission met and considered case 2004-02PH, regarding amendment of section 505.1-2 relating to home occupation. The Commission recommendation was that employment in a home business include the residents of the dwelling and two persons who do not reside on the premises. Additionally, the Commission considered a request for a special exception to keep horses on their property and recommended approval according to the conditions set forth in Section 402.3-9 of the Zoning Regulations. Mayor Stewart advised that the Commission recommended approval of the update of the Comprehensive Plan and forwarded it to Council for consideration. And finally, Mayor Stewart advised that the Commission considered case 2004-10, a subdivision request for a six lot subdivision at the intersection of Newbern Road, Old Oregon Trail and Bob White Boulevard. The Commission approved the preliminary plat as submitted by the applicants. Next Human Resource Committee Chairwoman Steger advised of receipt of a letter by Charles Wade of his resignation from the Planning Commission and as a trustee of the Cemetery effective immediately. Chairwoman Steger advised that she would try to address these appointments by the next Council meeting. Safety Committee Chairman Fleenor advised that he had no Committee report, however, he wished to announce that the new fire truck had finally arrived and he invited everyone to a reception and a demonstration of the fire truck on Monday, May 17 at 11 a.m. at the Fire Department Next, the Town Attorney gave his projects update. Mr. Eley advised of work on a UDAG loan, research and preparation of Ordinances, and work on dilapidated structures. Town Manager Hawley advised that the Pulaski Transit Authority grant was scheduled to be heard by the Virginia Commonwealth Transportation Board in June; that the DEQ has issued a construction permit for Phase III of the New River Trail; that the Town will be required to do an archival research of records at William and Mary on potential archeological sites on Phase III of the New River Trail; and that ads have been placed for bids for painting the interior of the water tanks in Town. Mayor Stewart moved on to Old Business: 2004 Street Resurfacing Project. He advised that staff is requesting authority to proceed with execution of the contract. Councilman Black moved to authorize the Town Manager to execute the street resurfacing contract, 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 first item under New Business was Ordinance 2004-08, amending the lot regulations by district and section 308.611.1 of the zoning ordinance. Councilman Bolen moved to adopt Ordinance 2004-08, changing the minimum side setback in the R-O district to 10 feet, 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 Ordinance 2004-09, increasing the cell phone tax. Councilman Worrell moved to adopt Ordinance 2004-09, increasing the cell phone tax, 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 next item was Ordinance 2004-10, amending the building code. Councilman Black moved to adopt Ordinance 2004-10, amending the building code, 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 moved on to Ordinance 2004-11, rezoning of Hager property at the corner of Pierce Avenue and Dora Highway. Councilman Fleenor moved to adopt Ordinance 2004-11, rezoning of Hager property at the corner of Pierce Avenue and Dora Highway, 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 Ordinance 2004-12, amendment of §506.7 of the zoning ordinance. Councilman Neblett moved to adopt Ordinance 2004-12, amendment of §506.7 of the zoning ordinance, deleting the word churches in the second paragraph, 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 next item on the agenda was Ordinance 2004-13, water rate increase. Councilman Black moved to adopt Ordinance 2004-13, amendment to ordinance 2000-16 of the Town of Pulaski Code of Ordinances adopting an increase to the volume charge for water service, seconded by Councilman Worrell. Councilmen Fleenor and Bolen advised that they could not support this Ordinance because the in-Town customer rates were being increased more than the out of Town citizens. The motion then passed on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - No The next item on the agenda was Ordinance 2004-14, sewer rate increase. Councilman Black moved to adopt Ordinance 2004-14, amendment to Ordinance 2000-17 of the Town of Pulaski Code of Ordinances adopting an increase to the volume charge for sewer service, seconded by Councilman Worrell. Councilman Fleenor advised that he could not vote for this Ordinance because it increased in-Town customer rates more than out of Town customers. The motion then carried on the following recorded vote: Jeffrey S. Worrell - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - No John T. Bolen - No E. G. Black, Jr. - Aye James M. Neblett, Jr. - Aye Pauline G. Mitchell - No Mayor Stewart moved on to Ordinance 2004-15, cigarette tax increase. Councilman Fleenor moved to adopt Ordinance 2004-15, amending Ordinance 95-20 Section 1 (1) of the Town of Pulaski Code of Ordinances increasing the cigarette tax, 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 - No Mayor Stewart advised that a Council work session would be held May 19, 2004 from3 to 6 p.m. The Town Attorney advised that Council needed to act on the request for the fitness center and indoor firing range. Councilman Fleenor moved to direct the Town Attorney to prepare an Ordinance in accordance with the special exceptions recommended by the Planning Commission, 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 There being no further business, Councilman Neblett moved to adjourn at 9:15 p.m., seconded by Councilman Fleenor and carried.