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HomeMy WebLinkAbout04-16-24 Town Council PacketAgenda Town Council Meeting Tuesday, April 16, 2024 Reasonable accommodation will be provided for persons with disabilities, if requested. 5:30 p.m. Closed Session Council Chambers 1.VA Code 2.2-3711 (A) 1 (4 items) – Personnel Matters a.Building Code Technical Review Board Reappointments (3) b.Town Manager Personnel Matter 2.Filter Plant Tour 7:00 p.m. Public Session 1.Certification of Closed Session 2.Pledge of Allegiance (Councilman Clark) 3.Invocation (Councilman East) 4.Guests and Visitors 5.Modification to Public Session 6.Public Hearing (Summer Bork) a.Ordinance 2024-06 Rezoning 1733 Dora Hwy from Drop Site (DS) to General Business District (B-2). Planning Commission Case Number 2024-RZ-001 b.Ordinance 2024-07 Rezoning 100 Sheriff F. R. Conner Dr. from Drop Site (DS) to Industrial District (I-2). Planning Commission Case Number 24-RZ-002 7.Resolution 2024-19 Observance of National Public Safety Telecommunications Appreciation Week April 14-20, 2024 8.Resolution 2024-20 Observance of National Animal Control Officer Appreciation Week April 14-20, 2024 9.Public Comment Period (The Town Council welcomes your input. You may address the Council by completing a speaker’s slip available at the door and giving it to the Clerk of Council prior to the meeting. At this time, you may address Council on items that are not on the agenda. The limit is three (3) minutes for each speaker.) 10.Consent Agenda a.Consideration of April 2, 2024 Town Council Meeting Minutes 11.Council Comments 12.Manager’s Report (Manager Day) 13.Reminder of Future Council Meeting a.May 7, 2024 Closed Session 5:30 p.m.; Open Session 7:00p.m. STAFF REPORT DEPARTMENT CONTACT: Summer Bork, Town Planner 42 First Street, N.W./P.O. Box 660, Pulaski, VA 24301 (540)994-8624 CASE NUMBER: 2024-RZ-001 APPLICANT/PROPERTY OWNER: Staff -Initiated PUBLIC HEARING DATE: Tuesday April 16, 2024 PROPERTY ADDRESS/LOCATION: 1733 Dora Hwy [73-1-16 and 82-1-1] SPECIFIC ACTION: •Rezoning parcels 73-1-16 and 82-1-1 from DS, Drop Site to B-2, General Business SIZE OF PROPERTY: 14.7 Acres EXISTING ZONING: DS EXISTING LAND USE: Civic RELATED ORDINANCE: Section 2.6.7 If, because of error or omission in the Zoning District Map, any property in the jurisdiction of this Ordinance is not shown as being in a zoning district, such property shall be classified RR until changes by amendment. DISCLOSURE: The applications shall be evaluated on compatibility with the Comprehensive Plan and to official Town policies, including the purposes and development requirements of the Zoning Ordinance. The Planning Commission is to make a recommendation to Town Council upon review of the submitted application materials. If found that rezoning is consistent with the intent of this Ordinance and the Comprehensive Plan, they are in the public interest, and will comply with all other provisions of law and ordinances of the Town of Pulaski. The Planning Commission may recommend any conditions necessary to ensure that the proposal meets the criteria established by the Zoning Ordinance. CASE OVERVIEW: The parcels in question are Zoned Drop Site, a conditional zoning district provided for in the town’s 2003 zoning ordinance. However, the town has since removed the zoning legislation from its ordinance but has not rezoned the Drop Site parcels. To rectify this oversight, staff proposes to rezone the parcels to B-2, General Business to align the parcel with the surrounding area’s zoning. Presently, the town owns the parcel and uses it for wastewater storage and disposal. At one point, the town ran a convenience center on the parcel, and staff believed the convenience center caused the council to designate the site as a drop-site zone. This parcel site is adjacent to the R-2, I-2, and B-2 zones. Staff considered the potential benefits and drawbacks of these zoning options. R-2 While the town is prioritizing creating new housing within its comprehensive plan, the property's history and its location in the flood zone make this location a risk to potential residents’ health, safety, and well-being. Staff believe that the potential risk to residents on these parcels outweighs the benefit of additional housing for the town. I-2 The property is used for wastewater storage and treatment for the town, which is an existing industrial use. The surrounding areas near these parcels are primarily houses of worship, recreation, and residential. Heavy industrial is not known to offend and emit fumes, noise, and other nuisances that could negatively impact those in the neighborhood. Another reason for disregarding heavy industrial as a zoning designation is that Peak Creek runs adjacent to the properties. The town has prioritized protecting and restoring Peak Creek and has been a partner in implementing the Peak Creek Restoration Plan. It is believed that rezoning to industrial where other options are available is counter to its goal of preserving this natural amenity. B-2 This zone provides public sewer infrastructure and would enable the town to expand the facility if needed via a special exception. However, should the town ever choose to sell the property, the designation would protect residents, the natural environment, public parks, and trail users from increased negative externalities from another industrial use located on the parcel by right. Thus, staff recommends rezoning to B-2 General Business as it best protects the public interest both presently and in the future. Recommendation 24-RZ-1 Town of Pulaski Planning Commission Rezoning WHEREAS, the Town of Pulaski Planning Commission has considered the Rezoning application for 1733 Dora Hwy [73-1-16 and 82-1-1] from DS, Drop Site to B-2, General Business. Following a duly advertised public hearing, the Pulaski Planning Commission found that the public necessity, convenience, general welfare, and good zoning practice permit this rezoning. THEREFORE, LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council rezone these parcels. Dated this the 11th day of March, 2024. _____________________________________ Kevin Meyer, Chair Town of Pulaski Planning Commission The above recommendation was adopted on a motion by A.J. Schrantz and seconded by Van Taylor at a meeting of the Planning Commission following a duly advertised public hearing on the above request on March 11, 2024. Upon a roll call vote on the foregoing recommendation, the Planning Commission members present have deliberated and, voting or abstaining, stood as indicated opposite their names as follows: Members Ayes Nays Abstains Absent Rachel Nelson X Van Taylor X Rachel Arthur X Terry Hale X Dustin Davis X AJ Schrantz, Vice-Chair X Kevin Meyer, Chairman X ___________________________________ ___________________________________ Kevin Meyer, Chair Summer Bork, Secretary Ordinance 2024-06 Rezoning 1733 Dora Hwy[73-1-16 & 82-1-1] from Drop Site (DS) to General Business District B-2 WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite of a public hearing, that it is in the best interest of the community and consistent with the public necessity, conveniences, general welfare, and good zoning practices, to rezone 1733 Dora Hwy [ 73-1-16 and 82-1-1] from DS, Drop Site to General Business, B-2. THEREFORE, BE IT ORDAINED by the Town Council of Pulaski, Virginia, sitting in regular session this the 16th day of April 2024, rezones the parcels from Drop Site (DS) to General Business District (B-2). This ordinance shall be effective immediately upon adoption on this 16th day of April 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- THE TOWN OF PULASKI, VIRGINIA ____________________________________ W. Shannon Collins Mayor Attest: _______________________________ Olivia C. Hale Clerk of Council STAFF REPORT DEPARTMENT CONTACT: Summer Bork, Town Planner 42 First Street, N.W./P.O. Box 660, Pulaski, VA 24301 (540) 994-8624 CASE NUMBER: 24-RZ-002 APPLICANT/PROPERTY OWNER: Staff -Initiated PUBLIC HEARING DATE: Tuesday April 16, 2024 PROPERTY ADDRESS/LOCATION: [72-140-187] 100 Sheriff F. R. Conner Dr. SPECIFIC ACTION: • Rezoning parcel 72-140-187 from DS, Drop Site, to I-2, Industrial District SIZE OF PROPERTY: 2.1 Acres EXISTING ZONING: DS EXISTING LAND USE: Civic RELATED ORDINANCE: Section 2.6.7 If, because of error or omission in the Zoning District Map, any property in the jurisdiction of this Ordinance is not shown as being in a zoning district, such property shall be classified RR until changes by amendment. CASE OVERVIEW: The parcels in question are zoned Drop Site, a conditional zoning district provided for in the town’s 2003 zoning ordinance. However, the town has since removed the zoning legislation from its ordinance. However, No one rezoned the town’s Drop Site parcels. To rectify this oversight, staff proposes to rezone the parcels to I-2, Industrial District, to align the parcel with the surrounding area’s zoning. Presently, the town owns the parcel and uses it as a convenience center. The other parcels surrounding this parcel are I-2. Staff proposes rezoning this parcel to I-2, which avoids spot zoning and presents no additional consequences than those presented by nearby parcels. The staff and Planning Commission know that the I-2 Industrial District is near Peak Creek and that there is a potential contradiction with the Town’s Comprehensive Plan goals. However, rezoning this parcel to anything other than I-2 would require rezoning more than the town-owned parcel. It would involve obtaining the property owner’s consent and approval, which the town has not sought. Recommendation 24-RZ-2 Town of Pulaski Planning Commission Rezoning WHEREAS, the Town of Pulaski Planning Commission has considered the Rezoning application for 100 Sheriff F.R. Conner Dr. [72-140-187] from DS, Drop Site to I-2, Industrial District. Following a duly advertised public hearing, the Pulaski Planning Commission found that the public necessity, convenience, general welfare, and good zoning practice permit this rezoning. THEREFORE, LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council rezone these parcels. Dated this the 11th day of March, 2024. _____________________________________ Kevin Meyer, Chair Town of Pulaski Planning Commission The above recommendation was adopted on a motion by A.J. Schrantz and seconded by Van Taylor at a meeting of the Planning Commission following a duly advertised public hearing on the above request on March 11, 2024. Upon a roll call vote on the foregoing recommendation, the Planning Commission members present have deliberated and, voting or abstaining, stood as indicated opposite their names as follows: Members Ayes Nays Abstains Absent Rachel Nelson X Van Taylor X Rachel Arthur X Dustin Davis X Terry Hale X AJ Schrantz, Vice-Chair X Kevin Meyer, Chairman X ___________________________________ ___________________________________ Kevin Meyer, Chair Summer Bork, Secretary Ordinance 2024-07 Rezoning 100 Sheriff F. R. Conner Dr. [72-140-187] from Drop Site (DS) to Industrial District (I-2) WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite of a public hearing, that it is in the best interest of the community and consistent with the public necessity, conveniences, general welfare, and good zoning practices, to rezone 100 Sherriff F. R. Conner Dr. [72-140-187] from DS, Drop Site to I- 2, Industrial District. THEREFORE, BE IT ORDAINED that the Town Council of Pulaski, Virginia, sitting in regular session this the 16th day of April 2024, rezones the parcels from Drop Site (DS) to Industrial District (I-2). This ordinance shall be effective immediately upon adoption on this 16th day of April 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- THE TOWN OF PULASKI, VIRGINIA ____________________________________ W. Shannon Collins Mayor Attest: _______________________________ Olivia C. Hale Clerk of Council Resolution 2024-19 Resolution in Observance of National Public Safety Telecommunications Appreciation Week April 14- April 20, 2024 WHEREAS, the week of April 14 -April 20, 2024 has been designated as National Public Safety Telecommunications Week; and, WHEREAS, in observance of this week, the Town Council desires to recognize the local public safety dispatchers of the Pulaski County Joint 9-1-1 Communications Center who answer calls for service and assistance every single hour of the day, every day of the year; and, WHEREAS, the dispatcher is the first person to respond to a call for help, shouldering the awesome responsibility to assist victims and guide first responders in those first vital moments after a crime, illness or accident has left its mark on a helpless victim, and, WHEREAS, the men and women who serve as public safety dispatchers serve the vital function of keeping an emergency situation under control by collecting information to relay to first responders in the field; giving lifesaving directions to the caller during a medical emergency; serving as a lifeline to officers, firemen or medical personnel in the field; or simply being the calm voice in the dark night that reassures the victim of a crime or accident that help is on the way and that they are not alone; NOW, THEREFORE be it RESOLVED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 16th day of April 2024 that the Town Council as part of National Public Safety Telecommunications Week, does hereby recognize and commend the dispatchers of the Pulaski County 9-1-1 Joint Communications Center for their tireless service and dedication to the community and their fellow citizens. This resolution is effective upon adoption and is hereby adopted this 16th day of April 2024 by the duly recorded vote of the Town Council of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN of PULASKI, VIRGINIA _________________________________ W. Shannon Collins Mayor ATTEST _________________________________ Olivia C. Hale Clerk of Council Resolution 2024-20 Resolution in Observance of National Animal Control Officer Appreciation Week April 14- April 20, 2024 WHEREAS, the National Animal Care and Control Association has designated April 14-20th as Animal Control Officer Appreciation Week; and WHEREAS, the various Federal, State, and Local Government Officials throughout the Country take this time to recognize and commend all Animal Care and Control Professionals for their dedicated service to the citizens, public safety, domestic and wildlife animals across the nation; and WHEREAS, each Animal Control Officer is committed to the mission to protect the health and safety of our citizens, and to protect animals and promote their humane treatment; and WHEREAS, the Town of Pulaski would like to express its sincere appreciation for the outstanding service provided by Pulaski Animal Control Officers. NOW, THEREFORE be it RESOLVED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 16th day of April 2024 that the Town Council as part of National Animal Care and Control Association does hereby recognize and commend the Officers of Pulaski County Animal Control for their dedication to the community and their fellow citizens. This resolution is effective upon adoption and is hereby adopted this 16th day of April 2024 by the duly recorded vote of the Town Council of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN of PULASKI, VIRGINIA _________________________________ W. Shannon Collins Mayor ATTEST _________________________________ Olivia C. Hale Clerk of Council Town Council Minutes Tuesday, April 2, 2024 1. The Mayor called the meeting to order at 6:00 p.m. and asked for a roll call. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 2. The Mayor asked for a motion to go into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 1 (3 items)- Discussion, Consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. i. Economic Development Authority Applicants (2 items) ii. Town Attorney b. VA Code 2.2-3711 (A) 29 (1 item)- Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. i. Pulaski Lofts The motion was made by Mr. Clark and seconded by Mr. Dawson. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye Open Session 7:00 p.m. 3. Certification of Closed Session- The Mayor asked for a motion to certify that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 1 (3 items)- Discussion, Consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. i. Economic Development Authority Applicants (2 items) ii. Town Attorney b. VA Code 2.2-3711 (A) 29 (1 item)- Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. i. Pulaski Lofts The motion was made by Mr. Clark and seconded by Mr. Clontz. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 4. Mr. Reis lead the audience in the Pledge of Allegiance. 5. Mr. East gave the invocation. 6. The Mayor welcomed all in attendance and viewing online. 7. Modification to Public Session- The motion was made by Mr. Reis and seconded by Mr. Dawson to add Resolution 2024-17 and Resolution 2024-18, both resolutions regarding appointments to the Economic Development Authority, to the agenda before the Public Comment period. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 8. Presentations a. Claytor Lake Festival Sponsorship- Robbie Morris Mr. Morris spoke on the history of the Claytor Lake Festival, this year being the 50th anniversary. Mr. Morris stated the budget for this year is $42,000 and the committee is requesting a $500 sponsorship from the Town. Mr. Morris reported the funds are used for expenditures for emergency medical services, entertainment, banners, trophies, advertising, sound, supplies, portable restrooms, trash disposal, parking attendants, and the biggest expenditure being Fireworks by Grucci. He stated the festival has a significant economic impact to the County, bringing in 10-14,000 people and events throughout the day include food, car shows, wine tastings, arts and crafts, fishing tournaments, and so much more. The motion was made by Mr. Dawson and seconded by Mr. Clark to contribute $500 to the Claytor Lake Festival for sponsorship. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 9. Resolution 2024-16 Authorizing the Virginia on Main Street Program Affiliate Community Application. MaryAnn Gilmore, Director of Pulaski on Main reported the previous application to Virginia on Main Street was not on record and the Town needed to authorize a re-application. The affiliation would allow Pulaski on Main to take advantage of more grant opportunities from Virginia on Main. Mr. East asked if this resolution was just supporting the application process or was there a financial obligation. Ms. Gilmore stated there is no financial obligations in this resolution. She stated the Town is already in affiliation with Virginia on Main however the original documents aren’t on file. The motion was made by Mr. Dawson and seconded by Mr. Reis to adopt Resolution 2024-16. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 10. Resolution 2024-17 Appointing Robert Huttick to the Economic Development Authority The motion was made by Mr. Clontz and seconded by Mr. Clark to adopt Resolution 2024-17. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 11. Resolution 2024-18 Appointing Jeffery Worrell to the Economic Development Authority The motion was made by Mr. East and seconded by Mr. Reis to adopt Resolution 2024- 18. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 12. Public Comment Period- No speakers were present. 13. Consent Agenda a. Consideration of March 19, 2024 Town Council Meeting minutes The motion was made by Mr. Clark and seconded by Mr. Clontz to approve the minutes. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis-Aye 14. Council Comments Mr. Dawson stated he was excited to see the splash pad starting to make progress. Mr. Reis stated it was nice to see our outdoor amenities being used. He stated he had gotten some questions regarding sidewalks that need repair and asked what the process was to getting those fixed. He also asked how would someone request a street light to be placed at a specific location. Mr. Day stated anyone in the Administrative Office could be contacted and those messages would get to Public Works. Mayor Collins stated it was nice to see so many people enjoying the Easter Egg Hunt and thanked staff and the Ruritan Club. 15. Manager’s Report a. Mutual Aid Agreement Mr. Day reported the current Law Enforcement Mutual Aid Agreement with Wythe County ran out at the beginning of the year and these agreements allow the agencies to assist one another and work across county lines when needed and agreed upon in specific events that are outlined in the agreement. The motion was made by Mr. Reis and seconded by Mr. East to empower the Town Manager to execute an update of the Mutual Aid Agreement between the Town of Pulaski Police Department and the Wythe County Sheriff’s Department subject to there being no specific differences between the previous agreement and current agreement. Gregory C. East- Aye James A. Radcliffe- Absent Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Aye Michael P. Reis- Aye 16. Reminder of future Council Meeting a. April 16, 2024 Closed Session 5:30 p.m.; Open Session 7:00 p.m. 17. With no additional business, the Mayor adjourned the meeting at 7:32 p.m.