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HomeMy WebLinkAbout06-01-04Minutes of the Town Council meeting held June 1, 2004 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, Bettye H. Steger, Kenneth M. Fleenor, John T. Bolen, E. G. Black, Jr., James M. Neblett, Jr., Pauline G. Mitchell Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David N. Quesenberry, Asst. to the Town Manager John White, Economic Development Director Gary Roche, Police Chief Brenda Shelton, Secretary Patricia Cruise, Clerk of Council Others: Kathy King Josh Simpkins Austen Meredith Matthew Mills Jeremiah Simpkins Jonathon Simpkins Karen Hill Al Hill Tina King Eva Sue Ratcliff Rogers Catherine Humphrey Elder Stanley Samuel Witt Jeffrey Stout Jennifer White Dan Talbert, Jr. Charles Wade Jo Beth Wampler, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilman Bolen led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Mayor Stewart welcomed Brenda Shelton, the new Secretary in the Town offices. Additionally, he recognized Mr. & Mrs. Al Hill and Snowville Scout Troop 151, led by Scout Master Tom Simpkins. Mayor Stewart advised that the first items to be addressed on the Agenda were Public Hearings. The first Hearing was 2004-02PH, Amendment to Section 505.1-2 (Home Occupations) Mr. Quesenberry, Asst. to the Town Manager, provided the background for this case. He advised that a letter had been sent to a local businessman regarding the legality of operating his business out of his home. The current code did not allow a home occupying business to have employees other than those specifically residing in the home. The Ordinance Committee reviewed the issue and referred it to the Planning Commission to review. The Planning Commission reviewed the issue and recommended that Council allow employment in a home occupation include residents of the dwelling and two persons not residing in the home. Following Mr. Quesenberry’s summary, discussion ensued regarding the possibility of future parking problems if the recommendation were approved. Mr. Hawley, the Town Manager suggested that the recommendation be approved by Council and that if a parking problem arose in the future, the problem could then be addressed. Mayor Stewart opened the Public Hearing at 7:15 p.m. There being no comments from the public, the Hearing was closed. Councilman Neblett moved to adopt the Planning Commission recommendation to allow employment in a home occupation include residents of the dwelling and two persons not residing in the home and direct the Town Attorney to change the Town Zoning Ordinance, seconded by Councilwoman Steger 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 Councilman Fleenor then moved to refer the parking requirements portion of the Ordinance back to the Planning Commission, seconded by Councilman Neblett. Councilwoman Mitchell made a substitute motion to wait until a parking problem occurred and then consider it. The motion failed for lack of a second. The original motion to refer the parking requirements portion of the Ordinance back to the Planning Commission then 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 - No The next item on the agenda was 2004-04SE, request for special exception to keep horses on property at 1740 Smith Lane. Mr. Quesenberry, advised that Perry and Cathy King were requesting a special exception to keep horses and ponies on their 18 acres, which was in a R-1 zone. He reviewed the background for Council. He advised that the Planning Commission reviewed the request and voted unanimously to recommend that Council approve the special exception provided that the requirements of Section 402.3-9 be met and maintained. Additionally, Mr. Quesenberry advised that comments had been received from four citizens supporting the request as long as the fencing was adequate, the horses be kept on the largest continuous portion of the property, and that any compost from barns or sheds not be dumped close to their property. Mayor Stewart opened the Public Hearing at 7:22 p.m. Cathy King addressed Council confirming some of the details provided by Mr. Quesenberry and offering to answer any additional questions that Council or the public might have. There being no further comments, the Public Hearing was closed. Councilman Bolen moved to direct the Town Attorney to prepare the necessary Ordinance allowing a special exception for horses at 1740 Smith Lane, 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 on the agenda was 2004-08 PH, adoption of the Comprehensive Plan update. Mr. Hawley, Town Manager, advised that the Town Planning Commission and the New River Valley Planning District Commission had been working on updating the Comprehensive Plan. The first part of the plan dealt with background data that had been updated to the 2002 numbers. The second part of the plan showed land use goals and objectives to show the direction to take with the future use of the property. He summarized other sections of the plan. Next, Mr. White, the Economic Development Director for the Town addressed Council expressing concern with one area of the Comprehensive Plan updates. He advised that, in his opinion, the Allison Farm needed to be designated as a commercial zone. It was shown being zoned B-2 in the proposed Comprehensive Plan. However, in the land use portion of the Comprehensive Plan it was designated as a planned unit development zone. He opined that the Allison Farm was the best site in the Town of Pulaski to attract a significant commercial development. He summarized his reasoning and requested that the Allison Farm be changed to a commercial zone for future land use. Mr. Hawley advised that the existing Zoning Map shows the 45 acre tract to be B-2 and the Comprehensive Plan that shows the area to be R-5 or Planned Unit Development, which creates a conflict. He added that if the area is left R-5, only 10% of the total development or 4.5 acres of the land could be developed as commercial. Additionally, he advised that R-5 also requires 25% of any housing project to be complete before any commercial project could start. Councilman Worrell advised that he did not have the current map in his packet. He confirmed that the proposed Comprehensive Plan showed the Allison Farm as Planned Unit Development rather than business. At 7:35 p.m., Mayor Stewart opened the Public Hearing. There being no comments, the Hearing was closed. Councilman Worrell moved to adopt the Comprehensive Plan after changing the Allison Farm future land use to B-2 to match the current zoning, 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 directed the Town Attorney to prepare the necessary paperwork for the Comprehensive Plan. The next Public Hearing was for the 2004-05 annual budget. Mr. Hawley reviewed the steps involved in setting the budget for 04/05, which included reductions in staff, reductions in Council members and reductions in operating costs. He advised that health costs rose over 20%, the retirement system rates rose by 2.75%, and the debt service increased due to capital projects. He stated that in order to balance the budget, the cigarette tax was increased by $0.05 per pack, the cell phone tax was increased to cover 10% of the first $30.00 and the real estate tax rate was set at $.30/100. Mayor Stewart opened the Public Hearing at 7:39 p.m. There being no comments from the public, the Hearing was closed. The final Public Hearing was for the 04/05 to 08/09 updated Capital Improvement Plan. According to the Town Code, the five year Capital Improvement Plan must be reviewed each year during the budget process. Mr. Hawley advised that the items in the 04/05 budget and the 04/05 Capital Improvement Plan should match exactly and the funding sources are outlined. Many of the projects listed in the 04/05 and 05/06 CIP are continuations or are funded by the 2002 General Obligation bond issue. He added that after the 05/06 budget, the General Bond money will be gone or committed. At that time, Council will have to look for other money sources for capital projects. Councilwoman Steger expressed thanks to the Town Manager and the Finance Director for their work on the budget. Mayor Stewart opened the Public Hearing at 7:45 p.m. There being no comments from the Public, the Hearing was closed. Mayor Stewart moved on to the Public Comment period. Mrs. Tina King, representative for the New River Valley Agency on Aging, addressed Council requesting additional funding for the congregate meals program. She advised the program serves meals and provides transportation and socialization for the elderly. She advised of funding cuts for the program and asked for Council’s help. Next, Jennifer White addressed Council for the Friends of Pulaski Theatre. She invited Council and the citizens to an outdoor movie to be held at Calfee Park on June 12, 2004. She advised that there would be no admission fee, but that they would accept donations for the Friends of the Theatre. The movie was to be Field of Dreams. The final citizen comment came from Mr. & Mrs. Albert Hill. They praised Gatewood Park and encouraged Council to consider updating the facilities. They advised that people were being turned away from the Park on Memorial Day weekend because it was full. Next, Mayor Stewart moved on to the Consent Agenda. Councilman Bolen moved to adopt the minutes of May 11 and May 26, 2004, seconded by Councilman Black and carried on voice vote. The next item on the agenda was Committee Reports. Finance Committee Chairman Worrell advised that the Committee met and learned that Nextel wants to lease some land at the Ridge Avenue tank for a control building so that they can go on the U. S. Cellular tower. Unfortunately, the Town does not own the land. Staff recommendation was for the Town to purchase the adjoining property and lease the land to Nextel. Following discussion, the Finance Committee moved to recommend that Council direct the Town Attorney to prepare the necessary paperwork to purchase the property, 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 Chairman Worrell continued that the Committee learned that according to the Department of Conservation and Recreation, the spillway at Hogans dam will not accommodate a probable maximum flood. Therefore, the spillway will have to be improved. He advised that an RFP had been issued and the best proposal came from Wiley and Wilson. The cost for the study will have to be paid from the General Obligation Bond. After the study is completed, it is hoped that the Town will be able to obtain federal funding to make the necessary improvements. The Finance Committee recommended that Council direct the Town Manager to execute the agreement with Wiley and Wilson, 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 Next, Chairman Worrell advised that the Committee considered a request from the Agency on Aging to increase their contribution and recommended that Council increase the contribution to Agency on Aging to $2,500 for the 04/05 fiscal year, seconded by Councilman Bolen. Chairman Worrell commented that he was not going to support this request because of the total amount of money that the Town is contributing to non-profit agencies. He felt that if the Town is contributing this money to non-profit agencies, perhaps the Town is taking more money from our citizens than is needed to operate the Town. The motion then carried on the following recorded vote: Jeffrey S. Worrell - No 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 the Committee also heard an additional funding request from the Agency on Aging for their congregate nutrition program. The consensus of the Committee was to revisit the issue during the upcoming fiscal year if funds become available. Next, Utilities Committee Chairman Bolen advised that the Committee met and discussed upgrading the existing fire protection on Morehead Lane. The Committee recommended that Council approve the installation of a “mag” meter and the connection of the Town and PSA lines. This would allow three new customers to be served and would allow more fire hydrants in the area. The motion from the Utilities Committee was 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 Public Operations Committee Chairman Neblett advised that the Committee met and discussed a request to close the end of Franklin Avenue from Eighth Street to Peppers Ferry. He noted that the Committee recommended that Council close the section and that this would be addressed under Old Business. Ordinance Committee Chairman Black advised that the Committee met and directed the Town Attorney to amend section 505.1-2 of the zoning Ordinance. Additionally, the Town Attorney was directed to prepare an Ordinance for the special exception to keep horses on property at 1740 Smith Lane. He advised that both issues had already been addressed during the Council meeting. Next, Mayor Stewart gave the Planning Commission report advising that the Commission held a joint meeting with Town Council and made the following recommendations: Regarding setbacks in the Residential Office district, the Commission recommended a front setback of 25 feet, side setbacks of 10 feet and a rear setback of 25 feet. Regarding the request for a special exception to permit a fitness center and indoor shooting range at 520 East Main Street, the Commission recommended approval of the request, conditioned upon compliance with all federal, state, and local laws and provision of the proper certifications and required insurance policies specific to a shooting range. The Commission recommended amending the allowed sign area in a R-2 District by permitting a special exception for additional sign area of between 50 square feet and 100 square feet. This additional area would be limited to public buildings defined as government buildings. Human Resources Chairwoman Steger advised that the Committee met and discussed several appointments that need to be made prior to the seating of the new Council. Additionally, Chairwoman Steger advised that the Planning Commission was down to five positions. She asked Council to consider the possibility of decreasing the total number of members of the Planning Commission to five or six. Next Safety Committee Chairman Fleenor advised that the Committee met and addressed a comment that Mr. Marvin Covey had made regarding a problem with the deer population in Town. Following discussion, the consensus of the Committee was to ask staff to do further research and try to determine the depth of the problem in our area. Chairman Fleenor continued that the Committee also discussed entry alarms. Last year, Chief Roche had asked to be allowed to eliminate the entry alarms at the two businesses who still used them. He advised that the equipment had become antiquated and he felt that it was not a cost-effective way to handle the matter. At that time, the Committee directed staff to continue the service until the communications center was upgraded. The communications center is now being upgraded and Chief Roche again requested that he be allowed to eliminate the entry alarms at the two businesses. Chairman Fleenor advised that the Committee recommended that Council allow the equipment to be removed after giving thirty days notice to the two businesses. Councilman Worrell asked whether the two businesses were aware that this action was being contemplated? Mr. Hawley advised that they had been notified. Mayor Stewart asked the Town Manager to make certain that the businesses had been notified. The Safety Committee recommendation was seconded by Councilman Neblett and carried on the following recorded vote: Jeffrey S. Worrell - No 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 Randolph D. Eley, the Town Attorney gave his report which included work on the Cupp case, the closing of the Hawkeye East UDAG loan; research on contracts; review of the Nextel lease and preparation of Ordinances. Mr. Hawley, the Town Manager, advised that a report had been received from the Department of Historic Resources announcing the discovery of an archeological site along the New River Trail extension along Peak Creek. He advised that staff has requested information from the Department of Historic Resources on how to handle the situation. Additionally, he advised that bids have been requested for painting the water tanks; and that site work on Dora Highway on the FEMA buyout is complete and the grant will be closed out shortly. He went on to thank the outgoing Council for the work that they have done while on Council and their dedication to the Town. Mayor Stewart moved on to Old Business. Councilman Bolen moved to schedule a public hearing for July 6 regarding closing the end of Franklin Avenue from Eighth Street to Peppers Ferry Road, 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, Councilman Fleenor moved to schedule a public hearing to change the Town Code regarding “Discharging Fire Arms” to allow firearm discharges in licensed firearm ranges, 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 Ordinance 2004-16. He advised that the draft Ordinance showed the adoption date as the 2nd day of June, when it should read the 1st day of June. Councilman Black moved to adopt Ordinance 2004-16, Setting the 2004 Rate of Taxation of Real Estate, with the correction, seconded by Councilman Worrell and 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 New Business. The first item was a donation request letter for the Raymond F. Ratcliffe Museum. He advised that a donation letter had been developed to start its fund raising campaign and the Committee was requesting Council’s approval of the letter. Mr. Hawley advised that after the last Public Operations Committee meeting was held, the Museum Committee was advised that the Museum Committee would be responsible for raising funds for the Museum as the Town would not be able to assist with funding. The Committee did offer the services of the Town in assisting with grants if needed. Subsequently, a donation letter was developed to start the fund raising campaign. It is planned to send the letter to the Southwest Times and Roanoke Times editors with the desire that they print the letter in their respective papers. The Museum Committee requested that Council approve the use of the letter for fund raising. Councilman Neblett moved to approve the Museum fund raising letter, seconded by Councilwoman Steger and carried on voice vote. Mayor Stewart moved on to Resolution 2004-16, adopting the 04/05 budget. Discussion ensued regarding whether a Resolution or an Ordinance was required to adopt the budget. A recess was called at 8:30 p.m. so that the Town Attorney could research the question. The meeting was called back to order at 8:40 p.m. The Town Attorney verified that a Resolution was appropriate to adopt the budget. Mayor Stewart confirmed that the attachments referred to in the Resolution included the proposed budget, the five year CIP and the Narrative for each department. Mr. Hawley confirmed the attachments referred to in the Resolution and added that the proposed budget will include the amendments made at the Council meeting. Councilman Neblett moved to adopt resolution 2004-16, adopting the budget as amended, including the proposed budget, the five year CIP and the Narrative for each department seconded by Councilman Black and 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 - Aye There being no further business, the meeting adjourned on motion by Councilman Neblett, seconded by Councilman Fleenor and carried on voice vote.