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HomeMy WebLinkAbout02-02-99Minutes of the Town Council meeting held February 2, 1999, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: John A. Johnston, Mayor Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, Bettye H. Steger, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart. Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Pendergrast, Clerk John J. Hawley, Town Engineer Robert L. Dye, Economic Development Director Visitors: Ferd Harvey Wayne Seagle Todd Hagee Thomas Doolittle Drew Long Adam Doolittle Drew Kirkner Andrew Schlottmann Chris Hodge John Whitman Bradley Grubb Rebecca English Eugene Chumbley Bruce Short Paul Dellinger, Press J. R. Schrader, Press The meeting was called to order at 7:00 p.m. Councilwoman Mitchell led the Pledge of Allegiance and Councilman Neblett gave the Invocation. Councilman Neblett made a motion to adopt Certification Resolution for Executive Session held prior to Council meeting, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Mayor Johnston called on John Whitman to address Council. Mr. Whitman advised Council that Boy Scout Troop # 249 was present and were working toward their Citizenship badge. Mayor Johnston welcomed Troop #249 and invited them to attend future meetings. First item on agenda was a Public Hearing on Planning Commission Case # 98-101CU, a request by Dr. Maria D. Encarnacion-owner; Clifford L. Harrison, agent; for a conditional use permit to convert a single-family residence at 39 Fifth Street into a multi-family dwelling. David Quesenberry advised that the structure has been used in the past as an apartment building that contained six apartment units. The applicant converted the structure into a single-family home, but now seeks return to its previous use as an apartment building. The property is currently on the market as a potential multi-family dwelling. The property meets all specifications required by law. The Planning Commission recommends approval of this request with 5 conditions: 1. Repair of the rock wall between the site and the Collins property. 2. Passage of variances by the BZA involving the setback from a public right-of- way and lot depth. (Variance granted by BZA 1-13-99). 3. All parking must be off street. The rear yard can accommodate the necessary number of spaces and was used in the past for parking. 4. Only five apartments instead of six may be created in the structure. 5. The former apartment at the rear of the second floor may not be occupied and is to be used as a fire escape for residents of the second and third floor. Clifford L. Harrison, agent for Dr. Encarnacion, advised Council that the plan calls for 5 apartments with no exterior changes anticipated, other than parking and mailboxes. Councilman Worrell advised that he would abstain from discussion or voting on this matter as he is a member and Deacon at First Christian Church located directly across the street from the subject property. After discussion, Councilman Neblett made a motion to adopt Ordinance 99-1, approving a multiple-family dwelling as a conditional use at 39 Fifth Street, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Abstain Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Next item on agenda was a Public Hearing on Planning Commission Case # 99-104RZ, a request from Ferd Harvey, Jr.; Eugene W. Chumbley; and Lucas Construction and Development to rezone an approximately one-half acre lot from R-1 to B-1. Mr. Quesenberry advised that the land involved is a triangular portion of lot 073-001-0000-039, which was evidently zoned R-1 in error. All of the lots in the area were zoned B-1 with the exception of a portion of this one lot. The request is to rezone this one triangular lot from R-1 to B-1. Planning Commission recommends approval of this zoning request. After discussion, Councilman Hale made a motion to adopt Ordinance 99-2, approving rezoning of 1.08 acres on Bob White Boulevard from R-1 (Residential) to B-1 (Local Business District), seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye There being no comments from the Public, Councilman Penn made a motion to approve the Consent agenda, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilwoman Steger advised that her research shows that when she chaired the January 19, 1999 meeting, she was the first woman to do so. Finance Chairman Weddle requested an update on the Pulaski Business Park Preliminary Engineering Report (PER) costs. John Hawley, Town Engineer, advised that the updated PER report had arrived today. Typographical errors were to be corrected, text should be correct, and phases should agree with lot numbers etc. The adjusted estimate for all five phases is 3.7434 million dollars. This figure includes all the road costs. The total acreage of the lots is128.96 acres or 8.04 acres in roads. Councilman Stewart advised that this project is “near to my heart” but, he was concerned about the cost per acre. He stated that originally the plan had been to sell the lots at cost and put the money back into the UDAG funds for the future. He requested that staff bring back to Council a realistic recoverable price per acre and a realistic overview of funds that could be returned to UDAG along with a time-line, so that Council is aware of the feasibility of this plan. Councilman Weddle commented that there may be some options that could be eliminated to save money. Mr. Hawley advised that this was a possibility and research would be done. After discussion, Councilwoman Steger made a motion to authorize staff to pursue Industrial Access Funding for the Town’s park through VDOT, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Mr. Combiths, Town Manager advised Council that he would like to update them on several items: He stated that prior to the most recent rain, the water levels at Gatewood and Hogan rose by about 10 feet. 2. He advised that the Case Knife and Draper Mountain water projects were approximately 3 months behind. The project is still on schedule for completion in the fiscal year 2000, but now will be the end of the fiscal year. He also advised that to date, no decision has been made yet regarding the Appalachian Regional Commission grant application. 3. He also advised Council that after several aborted attempts at meetings, the Corp of Engineers is scheduled to meet with Town officials on Thursday, February 4,1999 at 1 p.m regarding Peak Creek and the New River Trail extension. 4. The sign over the Elks Club building has been removed as part of the sign abatement program in the Town. Mayor Johnston reminded Council of the Virginia Municipal League Legislative session on February 11 and 12, followed by Council/Staff workshop in Roanoke on the 12th and 13th. He also advised that the next regularly scheduled Council meeting is February 16, 1999 at 5:00 p.m. At 7:37 p.m., Councilman Neblett made a motion to go into Executive Session on 2.1-344 (A1) Interviews, appointments, personnel, (A7) Consultation with legal counsel regarding possible negotiations concerning the set up of a Recreation Authority and to complete (A3) Acquisition, use of real property for public purposes, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 8:23, Council returned from Executive Session and adopted Certification Resolution on motion made by Councilman Stewart, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 8:24 p.m., Council adjourned on motion by Councilman Neblett, seconded by Councilman Weddle and carried on voice vote.