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HomeMy WebLinkAbout02-07-06Minutes of the Town Council meeting held February 7, 2006 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council Members: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn Joel B. Burchett, Jr. Absent: John T. Bolen Staff: John J. Hawley, Town Manager Randolph D. Eley, Jr., Town Attorney David N. Quesenberry, Asst. to the Town Manager Gary W. Roche, Police Chief John White, Economic Development Director William D. Pedigo, Town Engineer Patricia Cruise, Clerk of Council Others: Anastasia Anderson Joseph Davis Jayell Flynt Davis Emory F. Bearden Mike Pace A. J. Smith, Jr. Mickey W. Seagle Don Simmons, Jr. Chris White Felicia Caruso Andrew Schlottmann Caitlin Miller Richard L. Repass Sherylwood Albert Tim Thompson Kathy King Gary Heinline Samuel Schroll Arthur Meadows Terese Smith Clare Novak Faye Dunn Jerry Dunn James Holliday Paul Dellinger, Press Kelly Barker, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Talbert led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Councilman Penn moved to add 14a to the agenda, a Closed Session under Virginia Code 2.2-3711 (A-1), Discussion of assignment, appointment, promotion, performance, demotion, salaries of specific officers, appointees or employee and evaluation of performance of departments. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade announced that Benny Keister was unable to attend the Council meeting to receive Resolution 2006-01, so with Council’s permission, he opted to wait to adopt the Resolution until Mr. Keister could attend. Next, Mayor Wade introduced Jerry Dunn, the Employee of the Month for January 2006. He congratulated Mr. Dunn and presented him with an award. He read a press release aloud and added that in addition to this honor, Mr. Dunn would receive an additional paid day off from the Town and be considered for the Employee of the Year award in December. The next item on the agenda was a report on nanotechnology. Economic Development Director John White, introduced Carmine DiNitto, Vice President of Magnox Corporation to give the report. Mr. DiNitto explained nanotechnology and provided examples for its use. (Presentation included in the official minute). He then summarized the progress that Magnox and NanoChemonics had made in the past year in its development efforts. Mayor Wade thanked Mr. DiNitto for his presentation and moved on to the Planning Commission, Architectural Review Board and Board of Zoning Appeals Annual Reports. Councilwoman Steger moved to accept the Planning Commission, Architectural Review Board and the Board of Zoning Appeals Annual Reports, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was Public Hearings. The first Hearing was a request for a special exception to locate a game room at 155 N. Jefferson Avenue. Mayor Wade opened the Public Hearing at 7:39 p.m. Mr. A. J. Smith addressed Council speaking against the game room citing concern for the location of the business, the potential for loitering and drug use, and the evening hours. He spoke of potential health hazards to children due to a chronic water problem in the basement of the building. He expressed concern that the type of clientele that the game room would attract would intimidate his evening customers causing them to avoid his business. He advised that several citizens had expressed their disapproval of the project. He added that the owner of the building had not kept the building up in the past and wondered if he would do so in the future. He asked that Council not approve the request. Mr. Quesenberry advised that following legal advertisement of the hearing, the Planning Commission reviewed the request and recommended that the request for a special exception be approved provided that inspection by the Fire Marshal and Building Inspector deemed the building safe. The Fire Marshal’s report dated January 25, 2006 (included in the official minutes) concluded that the building was in need of some cosmetic repair but was in sound structural condition and not in danger of collapse. In response to questions from Council regarding the past inattention to the upkeep of the building, Mr. Beardon, the owner of the building, advised that he had been waiting for Council’s decision regarding this request before he upgraded the building. He advised that one window had been replaced and that he planned to replace more. He told the Mayor that he had not cleaned the building after the last renter moved out because he was busy with other projects that were generating revenue and the Pulaski building was not, making it a lower priority to him. In response to questions from Councilman Talbert, Mr. Davis, the applicant, advised that he would personally manage the store from opening to close. He advised that he did not allow any type of drug or alcohol use; that no outside beverages or snacks would be allowed to be brought into the building; and that no loitering outside the building would be allowed. Following extensive discussion, Councilman Penn moved to deny the request for a special exception to locate a game room at 155 North Jefferson Avenue. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - No Mayor Wade moved on to a Special Exception request to erect a monopole cellular tower and equipment shelter on Town-owned property at 525 Ridge Avenue. Mayor Wade opened the Public Hearing. Richard Repass addressed Council speaking against the request advising that one cell tower is already located at the location as well as a water tank. He advised that the proposed tower would be approximately fifteen to twenty feet from his boundary line. He felt that his property would be devalued. He asked that Council deny the request. Next, Sherylwood Albert addressed Council speaking against the request citing safety concerns, and the location in a residential area. She presented a petition with twenty two signatures supporting her request. She offered a packet of information citing the dangers associated with cell towers to any interested Council members. There being no further comments from the public, the Hearing was closed at 8:18 p.m. Dave Quesenberry gave the staff report, advising that New Cingular Wireless sought the exception to improve coverage in the Town and the Route 11 corridor. The existing tower is nearly at its load limit and cannot accommodate any more antennae and the elevation of potential locations on the existing tower did not allow new antennae to clear the treeline surrounding the site. Because of its elevation and central location in the Town, Ridge Avenue has proven to be a premier location for locating cellular telephone service towers and structures. He advised that the Planning Commission reviewed the request and recommended approval of the special exception under the condition that an abandonment clause, standard to the industry, be included in the contract between the Town and New Cingular. Mr. Quesenberry also advised that he had received two calls from the neighborhood speaking against the request. Mike Pace, Land Use Counsel for New Cingular, addressed Council summarizing the request, pointing out the location for the proposed tower, answering questions from Council and responding to the concerns of the citizens. He advised that the requested use is allowed upon issuing a special exception by the Town and the Town could add conditions if they chose. He added that he came with conditions that had come out of the discussion with the Planning Commission dealing with abandonment; that Cingular would develop the site in substantial conformance with the provided site plan; and that the structure would be built in accordance with all state, federal and local rules and regulations. There being no further comments, Councilman Talbert moved to approve the request based on the completion of the conditions dealing with abandonment, site development of the site in substantial conformance with the provided site plan and that the structure would be built in accordance with all state, federal and local rules and regulations. The motion was seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - No Lane R. Penn - No Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to a request to amend the zoning ordinance so that electronic changeable copy signs would not require a special exception. The Public Hearing was opened at 8:35 p.m. There being no comments, the Hearing was closed Mr. Quesenberry advised that the Planning Commission reviewed the case and recommended that Section 506.7 (a) and Section 506.9-1 (b) of the Zoning Ordinance be repealed. Councilwoman Steger moved to direct the Town Attorney to prepare the paperwork to repeal Section 506.7(a) and Section 506.9-1(b) of the Zoning Ordinance. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to a request for special regulations for cluster home developments. The Public Hearing was opened at 8:38 p.m. Freddie Sonner addressed Council speaking against cluster housing in the neighborhood of Smith Lane. Mr. Hawley advised that this Public Hearing was to consider cluster home regulations. It was not for allowing cluster homes in specific areas. Mr. Quesenberry advised that the Planning Commission reviewed the request and the current regulations and recommended special regulations for cluster home developments under Section 612 of the Code. Councilwoman Steger moved to direct the Town Attorney to prepare an Ordinance to amend the Zoning Regulations for adoption of the Planning Commission’s recommendations regarding cluster home developments. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next hearing was a request to rezone approximately 5.8 acres on Smith Lane, 16th Street, NW and 17th Street NW to R-3 Residential District from R-1 and R-2 Residential District. Mayor Wade opened the meeting at 8:45 p.m. Tim Thompson addressed Council speaking for the proposal. He advised that he owned the adjoining property. He expressed concern that additional building in the area would increase the amount of water that drains across his property. He requested that if Council approves the request that they stipulate that the water drainage be remediated. There being no further comments, the Hearing was closed at 8:48 p.m. Mr. Hawley commented that all of the developers are aware that they must follow the storm water management rules. They cannot discharge any more water from the site than is already coming off of it. Mr. Quesenberry advised that the Planning Commission considered the request and recommended approval of the rezoning after Mr. King, the applicant, submitted a written proffer that he would only build cluster homes on the parcels being considered for rezoning to R-3 Residential District. Councilwoman Steger moved to direct the Town Attorney to prepare the proper documentation to rezone approximately 5.8 acres on Smith Lane, 16th Street, NW and 17th Street NW to R-3 Residential District from R-1 and R-2 Residential District. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was the Public Comment period. Mayor Wade announced that the Town was awarded a SPARC grant in the amount of one million two hundred fifty thousand dollars. This fund is used for first time home buyers in the Town of Pulaski and is effective until June 30, 2007. Mayor Wade read a portion of a letter from James Covey, III. He advised that his grandfather was one of many entertainers that performed on radio station WPUV from 1946 to 1996. He suggested that the Town consider some sort of recognition on May 30, which is the anniversary of WPUV’s closing, honoring Mr. Covey’s grandfather and other musicians that played on the radio station. The Mayor suggested that perhaps Council might consider some type of Resolution. He added that this could be discussed at the Work Session. The next item on the agenda was the Consent Agenda. Councilwoman Steger moved to adopt the Consent Agenda, consisting of the Council minutes of January 10, 2006. The motion was seconded by Councilman Penn and carried on voice vote. Mayor Wade moved on to Old Business. The first item was snow routes. Mr. Hawley advised that per Council’s request, staff had researched making Route 99 a snow emergency route. The information had been included in the Council packet. He commented that if Council decided to proceed, it would be necessary to do so by Ordinance as indicated by the Code of Virginia. The consensus of Council was to defer any action at this time. The next item for consideration was update on Town Code regarding snow removal from sidewalks in business districts. Mr. Hawley advised that at the last Council meeting a concern was raised that the Town was not enforcing the Town Code regarding snow removal from sidewalks in business districts by the abutting property occupants. Staff determined the adjacent property owners from the B-3 District and mailed a letter to them advising them of the Code. If the adjacent property owners do not remove the snow as mandated, the Town would have to remove the snow and charge the property owners in violation. Due to staff shortages, staff felt the Town should bid this work to a contractor. If Council chooses to hire a private contractor, a method would have to be developed to inspect the sidewalk after the time period and also a method to track which owners owe the Town for cleaning. He added that Council may wish to amend the Code to only include downtown sidewalks. Before additional letters are sent to other business districts, Council may wish to discuss the policy. Mayor Wade suggested that perhaps this could be discussed with the Town businesses during the reception scheduled in March for the business owners. The next item on the agenda was Virginia’s First Commerce Park. Councilman Worrell advised that the efforts of the Virginia’s First Committee to lure a large industry to the Commerce Park, which the Park had been designed for, have been unsuccessful so far. He advised that some thought had been given to redesigning the Park, dividing it into smaller tracts. Additionally, the Committee had been discussing rail access to the Park. Following discussion, staff was asked to look into the projected cost of installing water and sewer at the Park. Staff was also asked to research what the Town’s obligation would be if the Town were to drop out. Mayor Wade moved on to Peppers’ Ferry Wastewater Treatment Authority Councilman Penn advised that the main topic for the Authority had been the 06-07 budget. Three budget options had been provided by the Manager. The present budget causes a shortfall of approximately three quarters of a million dollars. The Town’s portion of that shortfall would be approximately $285,000. The proposed budget would be approximately a 17% increase for the Town. Mr. Hawley advised that staff needed direction on whether Council wanted staff to continue with the Authority or continue investigating the cost for the Town to take over the operation of 4A and 4B pump stations. Following discussion, the consensus was for staff to find any way that they can to cut costs. The next item on the agenda was Resolution 2006-03, Supporting Expansion of the Pulaski County Enterprise Zone into the Town of Pulaski. Mr. Hawley advised that Council had already reviewed the subject and the Resolution was ready for adoption. Councilwoman Steger moved to adopt Resolution 2006-03, Supporting Expansion of the Pulaski County Enterprise Zone into the Town of Pulaski. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Ordinance 2006-07, Amending the Zoning Regulation to Include Cluster Housing Provisions. Councilman Worrell moved to adopt Ordinance 2006-07, Amending the Zoning Regulations to Include Cluster Housing Provisions. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to New Business. The first item was Pulaski Area Transit Budget. Mr. Heinline addressed Council advising that the transit system had made great strides since its inception the last year. He advised that ridership had increased as word of the service spread. He stated that the average ridership for January ‘06 was 126 people per day. He added that so far in February ridership had reached 163 per day. He advised that he felt comfortable that the County was going to contribute approximately $15,000 next year; the New River Community College was going to give $8,000. Additionally, he advised that local businesses had contributed approximately $3,000. He asked that the Town adopt the required Resolution authorizing the application for state aid to public transportation in the amount of $60,600. He advised that the above mentioned donations would be deducted from the $60,600 resulting in the Town’s match being $32,900. Councilman Penn moved to adopt Resolution 2006-04, Authorizing the Application for State Aid to Public Transportation in the Amount of $60,600. The motion was seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 9:32 p.m., Councilwoman Steger moved to enter into Closed Session under Virginia Code 2.2-3711 (A-1), 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. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - 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 Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Absent Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye There being no further business the meeting adjourned at 9:49 p.m. on motion by Councilwoman Steger, seconded by Councilman Burchett and carried on voice vote.