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HomeMy WebLinkAbout06-06-06Minutes of the Town Council meeting held June 6, 2006 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Charles L. Wade Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn, John T. Bolen, Joel B. Burchett, Jr. Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney John B. White, Economic Development Director Gary Roche, Police Chief Others: Meredith McGrady Nick Glenn Mickey Seagle Carol Wade Vanessera Fitzpatrick Debbie Linkous David Clark Polly Mitchell Dee Lindsey Ritchie Lytton Trudy Lytton Lorene Lytton Fred Lytton Freddie W. Sonner Bob Strasser Nancy Strasser Charles Goodwin Anita Goodwin Kayla Liplady Robert Smith Ralph D. Kelly R. D. Warburton John McElroy Jennifer White Mayor Wade called the meeting to order at 7:00 p.m. Councilman Bolen led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following roll call, Mayor Wade introduced David N. Quesenberry, the Employee of the Month for April, 2006. He read aloud a press release and congratulated Mr. Quesenberry and presented him with an award. He noted that in addition to this honor, Mr. Quesenberry would receive an additional paid day off from the Town and be considered for the Employee of the Year award in December. Next, Councilman Penn moved to adopt Resolution 2006-14, Honoring John T. Bolen and Resolution 2006-15, Honoring Bettye H. Steger. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Abstain Joel B. Burchett, Jr. - Aye Mayor Wade read Resolution 2006-14, Honoring John T. Bolen and Resolution 2006-15, Honoring Bettye H. Steger aloud. He thanked them for their service to the Town as Council members. Next, R. D. Warburton addressed Council on behalf of the Kiwanis Club advising that the Club had installed their sign at the Kiwanis Park, planted flower beds, and cleaned the Park. He asked for direction from Council as to what they could work on next, citing creek improvements or some other project. Mayor Wade thanked Mr. Warburton and moved on to Public Hearings. David Quesenberry advised that the first hearing concerned a request for a site plan review for cluster housing at the intersection of 16th Street, NW and Smith Lane. The property was zoned R-3 after a proffer was offered in writing that only cluster housing would be built. Subsequently, Mr. King submitted a site plan and an amended proffer for a cluster housing development consisting of six clusters and one two unit duplex. The Planning Commission reviewed the request and recommended to Town Council that: 1) the amended proffer submitted by Mr. King on May 4, 2006 be accepted, and; 2) that the site plan as submitted on May 8th be approved. Mayor Wade opened the Public Hearing at 7:15 p.m. Arthur Meadows addressed Council to clarify an ad that ran for a public hearing on a rezoning request to appear before the Planning Commission. Mr. Hawley advised that the rezoning request was for a parcel opposite where the main cluster homes would be. He added that the Planning Commission would review the request and make a recommendation to Council. Subsequently, Council would schedule a public hearing to review the request and consider Planning Commission’s recommendation in their decision. He opined that he felt the owner was trying to make the best use the property and the least impact to the community. Councilman Worrell clarified the plans for the development with Mr. King, the owner. At 7:22 p.m., there being no further comments, the Hearing was closed. Councilman Worrell moved to adopt the Planning Commission recommendation concerning the amended proffer and the site plan and direct the Town Attorney to prepare the proper documentation. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Hearing for the Zoning amendments. Mr. Quesenberry advised that the issues for consideration were amending the setbacks for accessory structures; amending the setbacks and lot area for the R-2 Residential District; and amending the side street setback for corner lots in the R-4 Residential District. He advised that the Planning Commission reviewed the issues and recommended: Regarding accessory structures: That the structures be located no closer than five feet to any lot line and no closer than twenty feet to the main structure. Also that accessory structures may not cover an area greater than 40% of the main structure’s footprint. Regarding setbacks and lot size in the R-2 Residential district: That the setbacks in the R-2 District (35 feet front; 12 feet side; 25 feet rear) and lot area )10,000 sq. ft.) remain the same. Regarding the side street setback for a corner lot in the R-4: That for corner lots, the side setback of twenty feet from a side street be unchanged. Staff recommended: There should be no minimum distance between an accessory structure and the main structure. Accessory structures should not cover an area greater than 30% of the required rear yard because the area of the rear yard is more easily measured and determined. Locating accessory structures a minimum of five feet from any lot line is fine. Reduce the side setback in the R-2 to ten feet. Leave the other setbacks and yard area as is. Agreed with the Planning Commission’s recommendation to retain the twenty foot side setback for corner lots. Mayor Wade opened the Public Hearing at 7:38 p.m. Ralph Kelly addressed Council inquiring whether the proposed zoning change also affected the R-1 district? Council then fielded other questions regarding specific problems in specific yards. There being no further questions, the Public Hearing was closed at 7:40 p.m. Regarding setbacks for accessory buildings, Councilman Talbert moved that setbacks to the property line for accessory structures be located no closer than five feet to any lot line; no minimum distance between an accessory structure and the main structure; and 40% of the main structures footprint be approved and directed the Town Attorney to prepare the proper paperwork. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Regarding setbacks and lot size, Councilman Worrell moved that the side setback of ten feet in the R-2 district be approved and that the 35 front, 25 rear and lot area of 10,000 square feet remain as is and the Town Attorney be directed to prepare the proper paperwork. The motion was seconded by Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Regarding corner lots, Councilman Penn moved to accept the Planning Commission recommendation to leave the side setback of twenty feet from a side street unchanged and direct the Town Attorney to prepare the proper paperwork. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Gem City Management encroachment request. Mr. Hawley advised that the Town was a recipient of a CDBG block grant for downtown renovations and improvements. This request was a result of that project. Mr. Quesenberry advised that this request was to seek an encroachment to permit a second-floor balcony with supporting posts to be added to the front of 20 East Main Street. He advised that the Architectural Review Board reviewed the request and voted to issue a Certificate of Appropriateness for the modifications. However, state law requires that a Public Hearing be held on the public right of way impingement. Mayor Wade opened the Public Hearing at 7:48 p.m. Nick Glenn, applicant, addressed Council advising that he would work with the Engineering Department to come up with the best way to accomplish the balcony with the least impact to the Town. Additionally, he advised that he would provide a Certificate of Insurance to the Town. Following discussion with Council, the Public Hearing was closed at 7:54 p.m. Councilman Penn moved to approve the encroachment without posts, subject to the Town Engineer’s approval. The motion was seconded by Councilwoman Steger. Following more discussion, Councilman Worrell made a substitute motion to approve the encroachment with the preference being to eliminate the posts, but if they can’t be eliminated, then the posts would be allowed and that the Town Attorney be directed to prepare the proper paperwork. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Comment Period. He read a letter commenting on how well manicured Oakwood Cemetery is and complimenting Town staff for their good work. Councilman Worrell agreed with the letter writer. Mayor Wade also commented that he had received a thank you note for helping to support the After Prom Party at the high school. Additionally, Mayor Wade advised that he had been contacted by State Police Officer Blevins, who wished to set up a place at Cool Springs where young people could play football games during the day and night. His group was trying to get telephone poles donated and placed, and lighting donated and installed. Additionally, he had an offer from a private citizen who was interested in raising funds for a basketball court if the land could found. Mayor Wade moved on to Public Comments. The first speaker, Mickey Seagle, addressed Council advising that she had not been contacted with answers to her questions from the previous Council meeting as she had been promised. She inquired if the Mayor had any answers for her. Mayor Wade advised that the Town pays for curb and gutter when it is a water issue/problem for the Town. If it is an aesthetic issue, then the property owner normally shares in the cost. Mrs. Seagle asserted that she had been charged for her curb and gutter when it was a drainage problem and did not feel that was fair. She asked who makes the decision as to whether the Town fixes a problem at no charge or whether a citizen pays half? Mayor Wade advised that a request would come in, be reviewed by the staff, a recommendation made to Council and the Council would make the final decision. The Mayor moved on to Mrs. Seagle’s second question regarding a run off problem in her yard. He advised that he had asked the Engineering staff to review the problem and provide some alternatives to solve the problem. He continued that the Town Engineer would me making an appointment with Mrs. Seagle to meet with her and discuss the problem. Mrs. Seagle then asked why there was no culvert or gutter on State Street when there is one at five other streets that join Commerce? Mr. Hawley advised that he would ask the Engineering Department to review this question and meet with Mrs. Seagle. Next, Robert Smith addressed Council regarding a deteriorated trailer that he had brought to Council’s attention at least a year prior. He asked what he could do to get it removed? Mr. Hawley advised that all of the notices had been sent and a court date had been applied for. Mr. Smith advised that he would like to be notified of the court date so that he could attend. The Town Attorney replied that he would see that Mr. Smith was notified. Next, Mrs. Pauline Mitchell addressed Council asking that they review the method of charging for the water and sewer bills. She felt that the sewer bill should not be based on water consumption. Additionally, Mrs. Mitchell complaining about high grass in the Town and encouraged Council to direct staff to enforce the code regarding high grass. And finally, Mrs. Mitchell complained about Council’s decision not to purchase ads in the newspaper listing the names of delinquent tax payers. There being no further comments, Mayor Wade moved on to the Consent Agenda. Councilman Bolen moved to adopt the Consent agenda consisting of the May 2, 2006 Council minutes, seconded by Councilman Penn and carried on voice vote. The next item on the agenda was Project Updates. Mr. Hawley advised that at the last Council meeting a decision had been made to investigate the use of colored concrete and also the possibility of stamping a brick pattern in the concrete for the Main Street trees and grates. He reviewed the estimated cost for the “brick red” concrete and to stamp the brick pattern with Council. Additionally, he advised that the plant nurseries have advised that they would only guarantee the trees if they were planted this fall. Staff suggested installing the tree grates now and installing the trees after frost this fall. Councilman Worrell moved to direct staff to use colored concrete, but not to pay for stamping the concrete, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mr. Hawley advised that a street paving schedule had been included in Council’s packet. He advised that an updated schedule shows the paving being completed by the end of the week. Mayor Wade asked if the manhole covers were going to be level with the street with this paving job? Mr. Hawley responded that he would check with Engineering to see which type of manhole covers were being used. Mayor Wade moved on to the Adult Business Ordinance review. Mr. Hawley advised that the current Adult Business Ordinance had been adopted although Council knew that there could be some needed changes in the future. Following review, the staff suggested that the Town look at what has been used by the International Municipal Lawyers Association, which may be a better Ordinance. The Town Attorney, Mr. Eley, suggested that he take the current Town ordinance and the changes suggested by staff, which was represented on the copy that Council had, and blend the two and make recommendation to Council. He felt that Council would be happier with that Ordinance. He also offered to have IMLA available for questions that Council might raise when Council discussed the draft Ordinance. Mayor Wade commented that if the Town can enforce the one that we have, why work on it further? Mr. Eley advised that the Town adopted one that was done by another County on a very slim time margin and he was not as secure in that ordinance as he would like to be for the Town. Mayor Wade moved on to leash law review. Mr. Hawley advised that staff had been directed to review the Town and County Ordinances on animal control and ascertain the differences. He summarized the differences between the two Ordinances. Following discussion the consensus of Council was to create an Ordinance mandating that dogs be on a leash, not just under owner’s control. Following discussion, Councilman Worrell moved to direct the Town Attorney to prepare a leash law ordinance, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Cingular lease. Mr. Hawley advised that in discussions with Cingular regarding a lease, Cingular had refused to grant the Town any revenue from the co-location on the tower. They advised that they were willing to build the tower and give it to the Town of Pulaski to maintain, if the Town will forgive their rent for a ten year period on the tower and for the land adjacent to the tower. Then, if someone wanted to co-locate on the tower, the Town would negotiate that co-location themselves and receive 100% of the income. Following discussion, staff was directed to negotiate a higher monthly rate to offset the collocation revenue. If this could not be negotiated, then staff should stop negotiations. Mayor Wade moved on to sidewalk inventory. Mr. Hawley advised that a sidewalk report had been included in the Council packet. He reviewed the list. He suggested budgeting funds into capital items to replace the sidewalks showing the worst deterioration. Councilman Worrell asked that staff review a section of sidewalk on the west side of Prospect Avenue between 11th and 12th Street. He felt that it should be added to the list. Councilman Burchett suggested that staff repair the section of sidewalk on Pierce Avenue sooner than shown on the list because of its location near Calfee Park. Mayor Wade asked staff to provide the linear foot cost for replacing sidewalk as well. Next, Mayor Wade asked for a status on the Trail Mr. Hawley advised that the right-of-ways have been acquired and recorded and have been submitted to VDOT for approval. He added that the Town cannot go to bid until we have received a right-of-way certification from VDOT. Mayor Wade asked staff to call VDOT and ask for a status update. Mayor Wade moved on to New Business. Mr. Hawley advised of the receipt of a request for utility assistance for Smith Lane Condos. There is a lot of rock in the area and several options are being considered in placing the line. Mr. King was requesting assistance on installing the sewer to the back portion of the property. Mr. Hawley advised that staff would strive to come up with costs to bring back to Council for review at the June 20, 2006 meeting. Mayor Wade moved on to HOME Consortium Cooperation agreement. Mr. Hawley advised that meetings had been held with several localities to begin a HOME Consortium, which would bring money in to the three counties of the New River Valley to provide housing assistance to employees purchasing a home in Town or for the VHDA SPARC program. He advised that the City of Radford and the Town of Pearisburg have both signed off on the program. The Town can join the Consortium if the County joins. Following discussion, it was decided that an escape clause for the Town of Pulaski was needed in the contract as well as specifying that one Town representative be included as a Pulaski County Board member. Mr. Hawley advised that he would try to have answers to these questions by the June 20 Council Work Session. Mayor Wade moved on to the letter of support for “Enhanced Human Service Transportation Model” grant. Mr. Hawley advised that an email letter had been received regarding an USDOT grant opportunity to create a fully functioning model for the New River Valley and Roanoke Valley in terms of providing an efficient means of transportation coordination between human service providers. Following discussion, Councilman Talbert moved to direct staff to send the letter of support for the grant, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was appointment of a member to Virginia’s First Regional Industrial Facility Authority. Mayor Wade asked Mr. Hawley if he was willing to serve again on the Authority as the Town’s representative? Mr. Hawley agreed. Councilman Worrell moved to reappoint John Hawley as the Town’s representative to Virginia’s First Regional Industrial Facility Authority, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to a request from a private company to contract for sewer camera service. Mr. Hawley advised that a private company had requested that the Town take it’s sewer camera equipment and van and tv a section of storm sewer for them. The Town would be paid for their time and equipment. The consensus of Council was to approve the request. The next item on the agenda was a request from the Friends of the Theatre to remove a streetlight near the new marquee. Mr. Hawley advised that the request and a memo from staff had been included in the packet. Following discussion, Councilman Talbert directed the Engineering Department to research alternative street lighting, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye From the Public, Ms. Fitzpatrick of 73 4th Street NW, advised Council that she had fallen in a tree grate space on Main Street and that they needed to be filled in. Secondly, she asked if there was something that citizens could do to get more activities for the children in the area to do? She offered to help in any way that she could. Staff was directed to include Ms. Fitzpatrick in future discussion of projects for children. Next, Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711 (A-7), three items; and (A-3), one item. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 9:55 p.m., Council returned from Closed Session and adopted the Certification Resolution, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 10:25 p.m., there being no further business, Councilwoman Steger moved to adjourn, seconded by Councilman Talbert and carried on voice vote.