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HomeMy WebLinkAbout03-03-09Minutes of the Town Council meeting held March 3, 2009 at 7:00 p.m. in the Council Chambers of the Municipal Building at 42 First Street, NW. There were present: Mayor Jeffrey S. Worrell ouncil: David L. Clark, Larry G. Clevinger, II, H. M. Kidd, Joel S. Burchett, Jr., Robert A. Bopp, Morgan P. Welker Staff: John J. Hawley, Town Manager David Warburton, Town Attorney Patricia Cruise, Clerk of Council David Quesenberry, Asst. to the Town Manager Elizabeth Chitwood, Economic Development Gary Roche, Police Chief Brenda Shelton, Administrative Secretary Planning Commission: Kevin Meyer, Linda Hall, Tim Clontz, Katy Kirk, David Allen, Nick Glenn Others: Leonard Dean Judith Hamlin William Hamlin Charles R. Bopp Alan Sutphin Joyce Jones Cecil Martin Brian Geist Yolanda Hunter Becky Hass Russell Williams Daniel Spence Ashley Spence Kathy Mitchell Charles Wade Carol Wade Clark Payne James Holliday Joseph Goodman Misty Quesenberry Melinda Williams, Press Mayor Worrell called the meeting order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance and Councilman Clark gave the Invocation. Following roll call, Mayor Worrell advised that this was a joint meeting of Town Council and the Planning Commissi®n. He asked Mr. Glenn, Chairman, to call the Planning Commission meeting to order. Mr. Glenn called the Planning Commission meeting to order and Mrs. Shelton called roll. Councilman Clark moved to add an item under New Business, 13B, Lease for NRVR, LLC, to the agenda. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Next, Mayor Worrell introduced Derek Waddell of the Police Department as Employee of the Month for March 2009..; He read a press release aloud and presented him with a plaque. He noted that Officer Waddell would receive an extra paid day off and be eligible for the Employee of the Year award at the end of the year. The next item on the agenda was a presentation by Janet McDaniel from the Center for Family Health. She advised ofthe receipt of a federal grant to develop plans for a federally qualified health center that will provide comprehensive healtk care for residents of Radford City and Pulaski County. The primary site will be in Radford with plans for a satellite cynic in Pulaski County in three to five years. Next, Chip Hutchinson, Fire Marshal, demonstrated the new robotic fire truck that will be used as part of fire prevention programs. The truck was purchased from a FEMA grant. March 3, 2009/ Page 1 of 7 Mayor Worrell moved on to Public Hearings. The first hearing was in regard to a request for a special exception for a recreation establishment at 223 North Washington Avenue. Mayor Worrell explained that this hearing was being held with the Planning Commission. After the hearing was closed, the Planning Commission would retire to a meeting room to discuss the request and return later in the meeting with their recommendation to Council. At that time, Council would interrupt the meeting to hear the recommendation and act upon it. David Quesenberry presented the staff report on the special exception request for 223 North Washington. He advised that the agent wished to create a recreational establishment as a family fun zone featuring ticket redemption games, pool tables, and a stage for live performances. He advised that the application did conform with the Comprehensive Plan. However, he pointed out that there were Ordinances in effect regarding curfew for minors and playing amplified music that would have to be taken into consideration. He added that the Police Department stated its reservations with the request due to the number and type of incidents it has been called to respond to in that area of North Washington. He also had received a call from Office on the Run in favor of the request. Mayor Worrell inquired whether the applicant had been made aware of the Ordinances regarding curfew for minors and playing amplified music? Mr. Quesenberry responded that they received the same report that Council had received in their packet. Mayor Worrell opened the Public Hearing at 7:23 p.m. Clark Payne commented that he was in favor of the request, but inquired what plans had been submitted for the renovation of the building? He hoped that if the request were granted that Council would require the exterior of the building to be similar to the other buildings in the area. Earl Hagee submitted a petition with 372 signatures in favor of the request and noted that there would be no alcohol or smoking allowed on the premises. He added that chaperones would be in place to monitor the children. Councilman Kidd inquired how much renovation had been done to the inside of the building? Mr. Hagee responded that approximately 50% of the renovation had been completed. Councilman Kidd inquired when the remainder of the renovation would be completed. Mr. Hagee responded that the remainder of the renovations would be completed upon approval by Council, but they hoped to open for business by the end of the month. Becky Hass, from Office on the Run, commented that she had not been aware of a curfew or noise ordinance and wondered if the Police Department might enforce them at the youth center across from Office on the Run? She noted that the bands were very loud and the children were outside at all hours of the night. Brandon Quesenberry spoke in favor of the youth center. There being no further comments, Mayor Worrell closed the Public Hearing at 7:28 p.m. The Planning Commission retired to a meeting room to discuss the request. Mayor Worrell moved on to the Public Hearing request to close a 15 foot strip of the undeveloped Patterson Avenue right of way that is adjacent to 1022 Sixth Street, SE. March 3, 2009/ Page 2 of 7 Mr. Hawley advised that the request to close a 15 foot strip of the undeveloped Patterson Avenue right of way that is adjacent to their property was from Alan Sutphin and Joyce Jones of 1022 Sixth Street, SE. The Town Engineer reported that closing a 15 foot wide portion of the right of way would not violate Town or VDOT standards, however, any cloture would have to include the entire right of way. The remaining 15 foot right of way would not be sufficient access to the New River Land Company holdings or the southernmost lots owned by the Hamblin family because the Subdivision Ordinance requires a minimum of a 30 feet wide street within the Town limits. Mayor Worrell opened the Public Hearing at 7:34 p.m. William Hamlin advised that if the right of way was closed, it would land lock his property. Alan Sutphin advised that he was requesting the closing because Mr. Hamlin was destroying his property. The Mayor read aloud a letter from Myron Aust, President of New River Land Company, advising that the right of why in question abuts with a parcel of land owned by them and would provide a means of access and utility service to the subject property. He requested that "any closures or subsequent conveyances by the Town to other abutting landowners, be Tirade subject to the reservation unto New River Land Company, its successors or assigns, of a right of ingress and egress, and utility easement access, over such areas for its subject property". There being no further comments from the Public, Mayor Worrell closed the Public Hearing at 7:37 p.m Councilman Welker felt that the right of way could not be closed. He commented that perhaps the Police Department could look into the complaint of destruction of property and if damage is found, pursue it legally. Following discussion, Councilman Welker moved to deny the right of way closure request. The motion was seconded by Councilman Clark and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Councilman Welker moved to direct staff to review the right of way for malicious damage to Town property. The motion was seconded by Councilman Clark and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to Public Comment period. Clark Payne advised that he attended a portion of the Council retreat and enjoyed it. He suggested for consideration that each Councilman adopt one section of the 6 sections discussed at the retreat. They would be considered the point perEon and citizens would know who to contact if they wished to address a certain topic. Additionally, Mr. Clark advised that Council had discussed in the past, planting Leyland cypress trees along the Trail by the Dora Highway dump site and lthe treatment plant. He noted that they had not been planted to date. Mr. Clark also spoke as a representative of the Housing Authority. He advised that the Authority had been told of a number of vacant properties that could be given to the Authority. He noted that no properties had been received to dalte. He advised that they had been approached by a non profit organization who is interested in partnering with the Housing Authority to complete two homes by the end of this year. He asked the Council to work to facilitate this so that work; could proceed. Councilman Burchett inquired what the impediments were? March 3, 2009/ Page 3 of 7 Mr. Clark advised that he understood that there was questionable ownership and liens involved. He understood that there were a significant number of properties that were condemned and leveled and available if,the paperwork could be completed. Mr. Warburton interjected that each of the properties had different impediments that were difficult to clear up. There being no further comments from the Public, Mayor Worrell moved on to the Consent agenda. Councilman Kidd moved to adopt the Consent Agenda, consisting of the minutes of February 3, 2009, seconded by Councilman Clevinger and carried on voice vote. The next item on the agenda was Project Updates. Mr. Hawley advised that the stabilization work on the Train Station had been completed. Staff is in contact with the insurance company regarding many facets of the restoration. He advised that more information would be given when Council discussed the architect later in the meeting. Mayor Worrell moved on to Peppers Ferry Water Line. Mr. Hawley advised that approximately 1800 feet of 10 inch waterline had been installed. One hydrant had been installed at high point for air release. That hydrant was needed for blow off requirements. Since that hydrant is not accessible from Pepper's Ferry Road, another hydrant will be added at a location more usable for the Fire Department. He added that it was hoped to extend the line across Memorial Drive and up the side of Peppers Ferry Road. Mayor Worrell moved on to Southeast Housing Grant Update. Mr. Hawley advised that staff had met with the DHCD in Abingdon to get input on the grant. A Public Hearing had been held on March 2. There was no quorum of the Housing Authority, but the Public Hearing went on and several citizens from the public spoke in favor of the project. He summarized the progress on the grant application. He advised that a Public Community meeting would be held on March 12 at the VFW. Another Public Hearing would be held on March 17, 2009 to present the application and the budget to Council. The grant application is due April 8, 2009. Mayor Worrell advised that the representative from the Planning Commission had returned from their Public Hearing. He asked Mr. Glenn for the Commission's recommendation. Mr. Glenn advised that the Planning Commission recommended approval of the Special Exception for a recreation establishment at 223 N. Washington Ave. with no conditions. He added that the only condition the Commission did discuss was police walk through, but it was mutually agreed that the police have the right to walk through any public facility at their discretion, so no condition was needed. Mayor Worrell thanked Mr. Glenn. He asked Council for their decision. Councilman Burchett commented that he was in favor of approval of the request. He added that he had faith in the police department to adequately keep an eye on things at the location. He felt it was a good step forward for the Town's youth. Councilman Welker agreed with the Planning Commission's recommendation. Councilman Burchett moved to approve the special exception for a recreation establishment at 223 N. Washington Avenue with no conditions and directed staff to prepare the proper paperwork. The motion was seconded by Councilman Kidd and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye March 3, 2009/ Page 4 of 7 Mayor Worrell moved on to Old Business. The first item was PDC vacancy. Mr. Hawley advised that Joe Weddle could no longer serve on the New River Valley Planning District Commission. Mr. Jeff Bain of Warden Springs Road had agreed to serve if Council approved. Mr. Hawley added that Mr. Bain serves as the Zoning Administrator for the Town of Dublin. He noted that the Town of Dublin has no representative on the New River Valley Planning District Commission. He spoke with the Dublin Town Manager, who saw no conflict. Councilman Clark moved to appoint Jeff Bain to the New River Valley Planning District Commission to complete Joe Weddle's term. The motion was seconded by Councilman Burchett and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell moved on to award of architect/engineer contract for Train Station. Mr. Hawley advised that negotiations were ongoing with the architect and the insurance company, so no action could be taken on the contract at this time. He explained that the insurance company had advised that the coverage would restorre the building to pre-fire standards. The architect wished to restore the building to its original state. He reviewed some of the disputed items and advised that he needed direction regarding the type of flooring, the type of roofing material and' a kitchen. Mayor Worrell advised that he thought Council would meet with the architect after the base contract was in place. Mr. Hawley responded that the current contract included the type of flooring, the type of roofing material and the kitchen. Council needed to decide which of these issues should be removed from the base contract. Mayor Worrell suggested removing the items from the base contract and then add them back if Council wishes at a latbr date. Mr. Hawley advised that this was possible. Following discussion, staff was directed to remove the floor covering and kitchen from the base contract and to bring back to Council estimated costs for the kitchen and floor to be discussed at a special Council meeting. The next item on the agenda was Virginia Clean Water Revolving Loan Fund stimulus application. Mr. Hawley advised of the receipt of information regarding how to apply for the stimulus funds. If received, these furyds would be used for the sanitary sewer rehab from the Train Station to the Pump Station on Dora Highway. Staff wished to submit the application. Councilman Clevinger moved to direct staff to apply for the Virginia Clean Water Revolving Loan Fund stimulus application, seconded by Councilman Clark and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevinger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Mayor Worrell moved on to the discussion of an Inoperable Vehicle Ordinance. Mr. Hawley advised that staff needed direction with the Inoperable Vehicle Ordinance and asked Mr. Warburton to clarify. March 3, 2009/ Page 5 of 7 Mr. Warburton advised that he wished to review the items included in the draft Ordinance to be certain all the issues were covered. He cautioned that it allows by right one inoperable vehicle per parcel of land. That is not the current law. The draft Ordinance also adds the business district, and gives a definition of screening. Councilman Welker expressed his support for the draft version of the Ordinance. Following discussion, Councilman Welker moved to direct staff to schedule a Public Hearing for the Inoperable Vehicle Ordinance. The motion was seconded by Councilman Clevinger and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye Mayor Worrell moved on to New Business. The first item was in regard to a hearing for the 09/10 tax rate. Mr. Hawley advised that staff was unable to get final numbers from the County to include in the report in the packet. So some numbers may change. He advised that using the numbers provided at this time, there would be an 18% increase in the assessed value in the Town. If the tax rate remained the same at 32 cents per hundred, an additional $236,975 would be generated. If the tax rate were changed to 27 cents per hundred, the result would be revenue neutral. The law requires that a 30 day notice be provided on any proposed real estate tax rate change and that it cannot be adopted unti130 days after the public hearing. Following that requirement, the Public Hearing needed to be set for May 5. He reminded Council that the rate could be set high and then reduced, but could not be increased. Mayor Worrell requested a report showing the breakdown how much revenue increase would occur from setting the rate at 27 cents revenue neutral to the current 32 cents. Councilman Bopp requested that the report also show the percentage change would be in the revenue for each penny. Mr. Hawley advised that he would provide that information as well. Following extensive discussion, Councilman Clark moved to set a Public Hearing for May 5 for the 09/10 tax rate. Councilman Burchett seconded the motion and it carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevinger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye The next item for discussion was a lease for NRVR, LLC. Mr. Hawley advised that staff had found a long term storage facility for the artifacts from the Train Station fire. A facility had been located and insurance has agreed to pay for the building. Council approval was needed for Mr. Hawley to sign the lease. Mr. White provided details of the building. He advised that an amended version of the agreement had been received and suggested that the motion include directing the Town Manager to sign the amended version of the lease agreement. Councilman Clark moved to direct the Town Manager to execute the lease agreement with NRVR, LLC after approval of the Town Attorney. The motion was seconded by Councilman Welker and carried on the following recorded vote: March 3, 2009/ Page 6 of 7 David L. Clark -Aye Larry G. Clevenger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye t 8:42 p.m., Councilman Clark moved to enter into Closed Session under Virginia Code 2.2-3711 (A-5), discussion concerning expansion of an existing business. The motion was seconded by Councilman Clevenger and carried on thee, following recorded vote: David L. Clark -Aye Larry G. Clevenger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye At 9:30 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clark, seconded by Councilman Bopp and carried on the following recorded vote: David L. Clark -Aye Larry G. Clevenger, II -Aye H. M. Kidd -Aye Joel B. Burchett, Jr. -Aye Robert A. Bopp -Aye Morgan P. Welker -Aye Councilman Kidd moved to direct staff to prepare the documentation for a UDAG loan to the Office on the Run in the' amount of $19,800 with a personal guarantee. The motion was seconded by Councilman Clark and carried on the following recorded vote: David L. Clark -Aye Joel B. Burchett, Jr. -Aye Larry G. Clevenger, II -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Morgan P. Welker -Aye There being no further business, the meeting adjourned on motion by Councilman Clevenger, seconded by Councilman Clark and carried on voice vote. March 3, 2009/ Page 7 of 7