Loading...
HomeMy WebLinkAbout04-03-07Minutes of the Town Council meeting held April 3, 2007 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Town Council: Jeffrey S. Worrell, Dan Talbert, Jr., Lane R. Penn, Joel B. Burchett, Jr. David L. Clark, Larry Clevinger, II Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Dave Hart, Parks and Facilities Director Gary W. Roche, Police Chief John White, Economic Development Director Barbara Tate, Community Relations Director Randolph D. Eley, Jr., Town Attorney Others: Larry Blevins Vincent Delizia Janie Akers Jane Amburn Mike Brennend Jan Brennend Tim Wojaik Jennifer White Dayne Stewart Larry Morrisett Tim Powell Suzanne Bower Andrew Cocke Sherylwood Albert Stan Moran Patricia Aust Weeks Diane Collins Brian Geist H. K. O’Dell Glen K. Aust Tracy Harriman Dan Andrasco Barry Collins Jamie Radcliffe Roger Fillmore Daniel Albert Betty Quesenberry Carol Wade Al Smith Jim Chitwood Robert Bopp Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Talbert led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Councilman Penn moved to modify the Agenda by adding Resolution 2007-04 under Item 7b, Presentations. Additionally, he asked to add a Closed Session under Virginia Code 2.2-3711 (A-3), Disposition of Public Property. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Next, Mayor Wade introduced the Employee of the Month for March 2007, Debra J. Bivens. He read a press release aloud and congratulated Mrs. Bivens. Her award will be presented at work. The Mayor noted that in addition to this honor, Debbie would receive an additional paid day off and be considered for the Employee of the Year Award in December. The next item on the agenda was Resolution 2007-04. Councilman Burchett moved to adopt Resolution 2007-04, Honoring Thomas (Tommy) Wojcik, seconded by Councilman Talbert, and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade called Tommy Wojcik and his family to the front. He read aloud Resolution 2007-04, Honoring Tommy for his achievements as a wrestler. Mr. Wojcik took first place at the Mid-Atlantic Wrestling Association’s District Wrestling Tournament and subsequently took first place at the Regional Tournament and was one of a select group still competing in the competition. Mayor Wade presented the Resolution to Tommy and congratulated him on his accomplishments. The next item on the agenda was Public Hearings. The first Public Hearing was concerning sale of approximately 1740 acres known as Hogans Dam watershed. Mr. Hawley advised that the Public Hearing had been called to receive public input on the possible sale of Hogan’s Dam watershed and to fulfill the legal requirements in considering the sale of land known as Hogans Dam watershed. He summarized the process of receiving and reviewing Request For Proposals for the land. Mayor Wade opened the Public Hearing at 7:10 p.m. Andrew Cocke advised that he understood the need for money for the Town, but suggested that Council try to target investors that would use the property to benefit the Town of Pulaski; something that would draw visitors through the Town on the way to Hogan’s. In that way, the businesses in the Town could profit. Stan Moran, representative of Thornspring Group LLC. who had presented a proposal to Council for Hogan’s, summarized the proposal. This proposal included paying the Town $400,000 and assuming responsibility for the repair of Hogan’s Dam. He advised that their long term goal would be to develop upscale lake homes around Hogan Dam and divide the remaining property into 25 to 100 acre tracts for individual home sites. They also planned hiking, biking, and horse trails and large green areas that would be accessible to all property owners and where practical, the public. Additionally, they would try to establish a working relationship with the National forest linking with private and public trails with the National Forest and Gatewood. He advised that they felt that with the Draper Valley Golf Course, Hogan’s Lake, their own trails and green areas, National Forest and Gatewood access and easy accessibility from I-81 and I-77, these properties could become a rewarding public and private destination for the area. He acknowledged that there were several issues involved in obtaining these goals, but submitted the proposal as their best case scenario. He added that the worst case scenario involved them repairing the dam and having access from their property to the south side and other access available, giving residents opportunity to access downtown and vice versa, while still developing the lake and green areas on a more limited basis. He added that as their past projects had shown, they strive to work and do what is best for the entire area in all aspects of planning and development. He gave their commitment to repair the dam properly on a timely basis and utilize the entire property to its best use, considering the Town of Pulaski, Pulaski County and their adjoining property. They would diligently work with all parties concerned to make these goals a reality. He then offered to answer any questions. Councilman Worrell asked for the name of the group. Mr. Moran advised that it was the Thornspring Group, LLC. He advised that the original proposal named the individuals in the group as well as a short resume of each partner. Councilman Worrell confirmed that part of the proposal would be to take ownership of the dam? Mr. Moran responded in the affirmative. Diane Collins inquired whether Council had considered the possibility of trying to find a private investor who might be interested in building a lodge or hotel with the Hogan’s Dam property or the Draper Mountain property? She envisioned something that could be used for conferences, visiting industry scouts and house Virginia Tech and Radford University parents among other things. Mayor Wade advised that no private investor had come forward. There being no further comments, the Hearing was closed at 7:19 p.m. Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3) Disposition of Public Property. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Councilman Worrell moved that staff be directed to prepare the necessary sales agreement to sell the Hogan’s property to Thornspring Group, LLC. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - No Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Public Hearings regarding the lease of Town property to Cingular Wireless for a cell tower at 525 Ridge Avenue. Mr. Hawley advised that a public hearing was required when leasing Town owned property. He noted that the Planning Commission had recommended that a special exception be granted to lease the property to Cingular Wireless for a cell tower at 525 Ridge Avenue. He added that all advertisements and other legal requirements had been fulfilled and that this finalized the process. Additionally, Mr. Hawley advised that several phone calls had been received in opposition to the lease. Rose Kegley, Mrs. Sherl Albert and Melva Wade. Mayor Wade opened the Public Hearing at 7:35 p.m. Mrs. Sheryl Albert addressed Council speaking against the request citing concern for the health of her children and neighbors in the area. There being no further comments, the Hearing was closed at 7:40 p.m. Mayor Wade moved on to the Public Hearing regarding a special exception request to construct a new building at 241 Randolph Avenue. Mr. Quesenberry advised that the applicants wished to tear down the existing building and construct a new two story building in its place. The lower floor is intended to be a law office while the upper floor is slated for use as an apartment. The lot is non conforming in that it does not meet the area and width requirements of lots in the Residential Office District. The structure cannot meet the side setbacks due to the narrowness of the lot. The Planning Commission recommendation was to grant the special exception request for a special exception to permit a two story structure to be built on the footprint of the existing structure. Mayor Wade opened the Public Hearing at 7:45 p.m. Susan Bowen addressed Council speaking against the request. She felt that the building could be rehabilitated and should be preserved. There being no further comments from the Public, the Public Hearing was closed at 7:47 p.m. Councilman Worrell asked whether any plans had been submitted and whether the applicants were present? Mr. Quesenberry advised that no plans had been submitted and the applicants were not present. Councilman Penn commented that he was opposed to special exception and opined that the applicant should be present at this type of meeting. He questioned how this request was different than just tearing down a building and replacing one because of a disaster? Mr. Hawley advised that if the building were destroyed by fire or some other calamity it could be built back to the same footprint. This building had not been destroyed yet, however, the determination was that it may be beyond repair and it would be better for the owner to take the building down and put something back on the same footprint. Councilman Penn commented that he would feel more comfortable if the Town adopted an Ordinance allowing zero lot line as opposed to placing a building on the same footprint. He did not know if they would be able to enforce fire codes. Mayor Wade commented that he was reluctant to approve to approve the request without architectural plans. Councilman Worrell commented that he did not think the building was salvageable and yet he agreed with Councilman Penn that the applicant should be present. Councilman Burchett commented that he agreed that the applicant should be present, however, he pointed out that it was expensive to have plans drawn up and he could understand the applicant wishing to wait til the request was approved before having that done. Mr. Hawley advised that there would have to be a set of plans submitted and approved by the Building Inspection office before the permit would be approved and issued. Councilman Burchett commented that this was a chance to take something old and falling in and replace it with something new. It would like nicer, the assessment on the property would be higher and a business in place. Following more discussion, Councilman Penn moved to table the request for a more detailed description of the plans including at least a preliminary concept and elevation drawing. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to the Public Comment period. Andrew Cocke addressed Council speaking for the proposed rental ordinance and extending it to include the entire Town. He commented that he didn’t want to wait for someone to get hurt or killed before something is done. Additionally, he commented on tall grass, junk cars and trash in the area. Next, Diane Collins addressed Council regarding what could be brought in to replace Pulaski Furniture? She suggested call centers, warehouse distribution and outlet centers and/or a trade school. Additionally, she suggested town homes in a moderate price range. Next, Patricia Aust Weeks addressed Council regarding a meeting held by Greater Pulaski Alliance the previous Saturday. She advised that there were many questions asked at the meeting that they felt Town citizens would be interested in. She wondered if the questions and answers could be printed and included with the water bills? She said the citizens could leave comments in a comment box placed in the Finance Department. Additionally, she offered to help sort and organize the comments. Mayor Wade suggested a “Dear Mayor” column. If questions were written and emailed to him or turned in at the Town, he would answer them and include them in the water bills. He specified that he would need at least six questions before he would mail them. Jennifer White commented that the citizens need to be educated as to what the Town government does versus what the citizens are responsible for. Mayor Wade advised that a citizen asked him to find out whether the Town could require a dress code for the citizens on the street. Mr. Hawley responded that staff could look into the obscenity laws regarding this issue. Larry Blevins addressed Council regarding a problem he was having with feral cats and chickens. Following discussion, staff was directed to try to find someone who might try to catch the animals. The next item on the agenda was the Consent Agenda. Councilman Worrell moved to adopt the Consent Agenda consisting of the minutes of 3-6-07 Council meeting, Ordinance 2007-05, and Ordinance 2007-07. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item for discussion was Ordinance 2007-06, Authorizing a contract with New Cingular Wireless PCS, LLC. Mayor Wade advised that several citizens had registered opposition to the contract. He inquired what action Council wished to take? Following discussion, Councilman Penn moved to adopt Ordinance 2007-06, Authorizing a contract with New Cingular Wireless PCS, LLC. The motion was seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Project Updates Regarding the Loving Field RFP, Mr. Hawley advised that the RFP was advertised in the April 1 edition of the Southwest Times and the Roanoke Times. The proposals would be due on May 11, 2007. Regarding wireless internet, Mr. Hawley advised that the Town had entered into the contract agreement with Wiredog. He added that the Engineering department had met with Wiredog’s contractor to review the installation procedure on the signal poles. Mayor Wade moved on to New Business. Mr. Hawley advised that the Engineering department had been working with the Department of Conservation and Recreation on the Erosion and Sediment Control Ordinance. Several revisions have been recommended. Once they are complete and approved by Council, a public hearing will need to be scheduled for May 1, 2007. Next, Mr. Hawley advised that the state has required removal of underground storage tanks at Public Works. He added that a proposal was received from Simon and Associates. He advised that there was no money budgeted, however, there was some monies available in the General Fund under the Engineering department due to a lengthy personnel vacancy in that department. He added that if the Town helps Simon and Associates, the cost could be held down to the quoted amount. He asked that Council approve the proposal. Councilman Talbert moved to approve the proposal from Simon and Associates to remove the underground storage tanks, and appropriate $4,050.00 to cover the cost, seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye The next item on the agenda was to appoint a citizen member to the NRV Bike/Walkway Committee. Mr. Hawley advised of the receipt of correspondence from the New River Valley Bikeway-Walkway Committee asking that the Town appoint a citizen to serve on the Committee. From the public, Jennifer White suggested that David Jenks be invited to serve on the Committee. Mayor Wade advised that he would ask Mr. Jenks if he would be willing to serve. The next item on the agenda was After Prom Party request. Mr. Hawley advised that a letter had been received from the After Prom Party committee requesting a donation from Council. He advised that last year Council had approved $500, however, no monies were appropriated in this years budget. Following discussion, Councilman Talbert moved to appropriate $500 to the After Prom Party with the restriction that it be used to help children who can’t afford to pay for the Party. Mayor Wade added that the funds could be taken from the Mayors Promotion and Development line item. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to appointments to the Housing Board of Adjustments and Appeals. Councilman Talbert moved to appoint James Radcliffe, James Chitwood and Alan Palmore and to reappoint Dr. John Knarr to the Board. The motion was seconded by Councilman Clark and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Mayor Wade moved on to Round Table discussion. Councilman Burchett voiced a concern for the County’s proposal to eliminate automobile decals. He felt it would be difficult for the police department. Additionally, under the proposal, the County would raise the property tax rates to offset the monies lost from the decals. He inquired whether the Town would then be forced to raise its tax rates or would the Town actually raise their property tax rates and then reimburse the Town? Mr. Hawley advised that staff was contacting other localities and groups to see how they were handling this situation. At 8:55 p.m., Councilman Talbert moved to enter into Closed Session under Virginia Code 2.2-3711 (A-5) and (A-3). The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:32 p.m., Council returned from the Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye Councilman Worrell moved to refer a request to the Planning Commission for a zoning amendment to allow a therapeutic school for residential and non-residential minors and amend the Comprehensive Plan if necessary. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry G. Clevinger, II - Aye At 9:35 p.m., there being no further business, the meeting was adjourned on motion by Councilman Penn, seconded by Councilman Talbert and so carried.