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HomeMy WebLinkAbout04-01-14Minutes of the Town Council meeting held Tuesday, April 1, 2014 at 7:00 p.m. in the Council Chambers of the Municipal Building: There were present: Mayor: Jeffrey S. Worrell Council: Heather L. Steele, Gregory C. East, David L. Clark, H. M. Kidd, Joseph K. Goodman, James A. Radcliffe Staff: Shawn M. Utt, Town Manager David Warburton, Town Attorney Dave Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Brenda Shelton, Administrative Secretary Gary Roche, Police Chief Bill Pedigo, Town Engineer Pam Witten, Finance Director John White, Economic Development Director Planning Commission: Nick Glenn Spencer Rygas David C. Allen Linda Hall Others: Charles R. Bopp Lane Penn Jim Chitwood Corey Pless Julie Burkhart Amy Lewis Tina King Gary Heinline Joseph Shaver Gary Cox David Umberger Cathy Stripling Betty T. Quesenberry Calvin Pynn, Press Mayor Worrell called the meeting to order at 7:00 p.m. Boy Scouts members of Troop 249 led the Pledge of Allegiance and Councilman Goodman gave the Invocation. Following roll call, Mayor Worrell welcomed the public to the meeting. He moved on to Public Hearings and advised that the first item was a Joint Public Hearing with the Planning Commission to discuss a request for a Special Exception. He advised that Planning Commission Chairman Nick Glenn was serving his final meeting with the Planning Commission. Mr. Glenn called the Planning Commission meeting to order. Planning Commission Secretary Brenda Shelton called roll for the Planning Commission with David Allen, Nick Glenn, Linda Hall and Spencer Rygas being present. Mayor Worrell advised that the first Hearing was to discuss a request for a Special Exception. Mr. Quesenberry advised that the Elks Club had requested a Special Exception to allow a pet shop at 10 West Main Street. He reviewed the standards to allow a Special Exception. He advised that the request appeared to be in conformity with the Comprehensive Plan and was supported by the Economic Development Department. Page 1 of 5/April 1, 2014 -T:ror,h the Planning Commission, Mr. Rygas inquired when items like soundproofing the building got addressed in the process? Mr. Quesenberry responded that the Planning Commission would review that item in their meeting. He noted that the building was quite sound and it could be that item would not be necessary. Mayor Worrell opened the Public Hearing at 7:07 p.m. Jim Chitwood addressed Council advising that the Elks Lodge felt the pet shop would be pertinent business for the Town and that the Lodge needed the rent. He felt the applicant would be a good tenant. There being no further comments, the Hearing was closed at 7:08 p.m. The Planning Commission adjourned to hold their meeting. Mayor Worrell moved on to the next Public Hearing which was a zoning amendment request. Mr. Utt advised that Dennis Bryant, a West Main Street property owner, had requested a zoning amendment to allow garages in the B-3 Central Business district. He noted that the Planning Commission had reviewed the request and recommended that the use be allowed as a special exception and that a business plan be submitted along with the application for the special exception. Mr. Utt advised that the Town Attorney had reviewed the Planning Commission recommendation and held that the Planning Commission could not issue a "pre -clearance" hurdle for a special exception. He continued that conditions could be applied to a use listed as a special exception during its review and consideration by the Commission or Council, but not before. Mayor Worrell opened the Public Hearing at 7:21 p.m. There being no comments, the Hearing was closed. Council discussion ensued with many concerns being expressed including environmental impacts, inoperable vehicles and auto graveyards. Mr. Warburton interjected that he did not think Council had a clear recommendation from the Planning Commission because there could not be a requirement that a business plan be submitted with an application for a special exception. Councilman Clark moved to send the request back to the Planning Commission for clarification. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye Mayor Worrell moved on to a Public Hearing to consider a request to allow bed and breakfast establishments in the B-3 Central Business District. Mr. Utt advised that during the Planning Commission meeting, the applicant noted that she planned to initially offer lodging but not meals service. Following review by the staff and with the concurrence of the Planning Commission, it was ruled that offering lodging only in a residence met the definition of a "tourist home" which was allowed as a permitted use in the B-3 District and required no further action on the part of the Town or the Applicant. The Planning Commission then addressed Council's referral as to bed and breakfast facilities and recommended that the use be allowed as a special exception. Following questions from Council, Mr. Warburton explained that if Council wished to allow everyone in the B-3 District that opens a tourist home to serve meals, then the use would be by right. Page 2 of 5/April 1, 2014 Mayor Worrell opened the Public Hearing at 7:30 p.m. Cathy Stripling, the applicant for bed a breakfast establishments in the B-3 Central Business District addressed Council advising that her intention was to open a tourist home at this time, but to expand to a Bed and Breakfast in the future. She felt bed and breakfasts in the B-3 District should be allowed by right and not have to be a special exception. She added that it was difficult when starting a business to get through all the processes of bureaucracy and the funding. She felt that Council should make the B-3 zone "for people to start businesses like this". John White agreed with Ms. Stripling and felt a Bed and Breakfast should be allowed by right in the B-3 district. At 7:33 p.m., Mayor Worrell closed the Public Hearing. Councilman Goodman moved to adopt changes to the Zoning for the B-3 Business District to allow a Bed and Breakfast by right. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye Mayor Worrell then called on Mr. Glenn, the Chairman of the Planning Commission for their recommendation on the request to allow a Special Exception in the B-3 District to allow a pet shop at 10 West Main Street. Mr. Glenn advised that the Planning Commission recommended that Council accept the Special Exception with the condition of no large mammals, ie, cats and dogs. Councilman Goodman moved to adopt the Planning Commission recommendation to allow a Special Exception for a pet shop in the B-3 Business District with the exclusion of no large mammals such as cats and dogs. Councilman Clark seconded the motion. Mr. Warburton advised that the definition of a large mammal could mean different things to different people. Councilman Goodman withdrew his motion and asked the Town Attorney for a definition of a large mammal. He added "Could it be weight?" Mr. Warburton replied that weight would be a good suggestion. Following further discussion, Councilman Goodman moved to adopt the Planning Commission recommendation to allow a Special Exception for a pet shop in the B-3 Business District excluding animals scientifically classified as mammillia exceeding ten pounds in weight. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye Mayor Worrell thanked Mr. Glenn for all of his years of service on the Planning Commission. Mayor Worrell moved on to the Consent Agenda. Councilman Clark moved to adopt the Consent Agenda consisting of the Minutes of the March 4, 2014 Council meeting as written. Councilman Kidd seconded the motion and carried on voice vote. The next item on the agenda was Water Treatment Plant upgrades. Page 3 of 5/April 1, 2014 Mr. Utt advised that the bond closing for the Water Treatment Plant upgrades had been scheduled for April 4. He noted that the first draw on the loan for just under $280,000 would be submitted at closing to reimburse the Town for engineering and other expenses paid to date. He added that a monthly progress meeting had been scheduled to ensure the project stayed on track. Moving on to Old Business, Mr. Utt advised that he had hoped to request formal approval of the joint dispatch agreement at this Council meeting. He added, some issues had come up and needed to be resolved before presentation to Council. He recommended that this issue be addressed at the April 15, Council meeting and Council agreed. The next item was New Business. Regarding Pulaski Area Transit/New River Valley Senior Services site selection, Mr. Utt advised that the agencies had been working on a feasibility study for a joint facility to house both entities. He added that some land options had been identified and a few more were to be reviewed. He advised that the Department of Rail and Public Transportation was requiring at least a resolution from Town Council verifying Council's intention to provide a parcel for the project before authorizing funding for architectural work. He noted that he was very comfortable recommending that Council pass a resolution showing strong support for the project as a whole and that Council intended to provide a parcel for the project. Gary Heinline confirmed Mr. Utt's summary and added that the next phase of the study would be a review of the property that the Town would donate and make sure that it was suitable for the use. Additionally, a cost allocation study would be drawn up. Councilman Clark moved that Council agreed to provide a site for the Pulaski Area Transit/New River Valley Senior Services site selection. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye The next item on the agenda was request for repurchase of cemetery lots. Mayor Worrell advised that a gentleman had requested to sell several cemetery lots back to the Town for the price he paid for them. He added that historically, the Town had purchased lots back from the owners if they were in a location where they could be sold. Councilman Clark moved to authorize the Town Manager or the Mayor to execute the necessary paperwork to repurchase two cemetery lots in Oakwood Cemetery. Councilman Goodman seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye .Gregory C. East - Aye David L. Clark*, - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye Mayor Worrell moved on to the donation of property to the Pulaski Redevelopment and Housing Authority to the Town. Mr. Utt advised that Mr. John Calfee had approached the Pulaski Redevelopment and Housing Authority about the possible donation of several lots he owned in Town. He added that some of the lots may not be buildable, but may be sold to neighbors. He noted that there were one or two lots in the Kersey Bottom area that could make good building lots if a right-of-way was improved. Page 4 of 5/April 1, 2014 Councilman Clark moved to direct the Town Manager to execute the necessary documents to conclude the transaction. Councilman East seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye At 8:00 p.m., Councilman Clark moved to enter into Closed Session to discuss two items under Virginia Code 2.2-3711 (A-7), Consult with legal counsel and briefings by staff to discuss specific legal matters. Councilman Kidd seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye At 8:20 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Clark, seconded by Councilman Goodman and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye Councilman Goodman moved to direct staff to execute a $13,000 RBEG loan and a $31,000 UDAG loan at 1.6% on a ten year term with the first payment being due twelve months after closing. Councilman East seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye H. M. Kidd - Aye Gregory C. East - Aye Joseph K. Goodman - Aye David L. Clark - Aye James A. Radcliffe - Aye Councilman Goodman then moved to direct staff to execute an agreement with West Main Street Development, LLC regarding a parking lot lease agreement for spaces in the Jefferson Avenue Municipal parking lot on a thirty year term. Councilman Clark seconded the motion and carried on the following recorded vote: Heather L. Steele - Aye Gregory C. East - Aye David L. Clark - Aye H. M. Kidd - Aye Joseph K. Goodman - Aye James A. Radcliffe - Aye There being no further business, the meeting adjourned at 8:23 p.m., on motion by Councilman Kidd, seconded by Councilman Goodman and carried on voice vote. Approved: Jeffrey S. Worrell, Mayor Page 5 of 5/April 1, 2014