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HomeMy WebLinkAbout08-02-11Minutes of the Town Council Meeting held August 2, 2011 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 Council: Morgan P. Welker, H. M. Kidd, David L. Clark, Robert A. Bopp, Joseph K. Goodman Gregory C. East Staff: John J. Hawley, Town Manager Patricia Cruise, Clerk of Council David Quesenberry, Assistant to the Town Manager R. D. Warburton, Town Attorney Gary Roche, Police Chief Dave Hart, Parks and Facilities Director Others: Chip Hutchinson Shawn Utt Henry Whitehurst Melinda Williams, Press Mayor Worrell called the meeting to order at 7:00 p.m. Councilman Kidd led the Pledge of Allegiance and Councilman Clark gave the invocation. Following roll call, Mayor Worrell welcomed the visitors to the meeting and then moved on to Public Hearings. The first Public Hearing was in regard to Eariy Flood Plain Notice -Urgent Needs Open Submission IUNOSj Tornado Application. Mr. Hawley advised that since a portion of the tornado recovery area is located in the 100 year flood plain, it was necessary to conduct a public hearing on the use of the CDBG funds in the flood plain. He noted that ap construction would comply with building codes and the Town's flood plain Ordinance. He added that there would be no adverse impact to the flood plain and community since the codes will be followed. Mayor WorreN opened the Public Hearing at 7:04 p.m. There being no comments, the Hearing was closed. The next PubKc Hearing was in regard to a Special Exception request to keep a horse on property. Mr. Quesersberry advised that Cecil Hutchinson had applied for a special exception to keep a horse at his residence at 1017 Wilier Place. He advised that all legal criteria had been met, however, the fencing needed to be improved as currently the horse was able to escape. He noted that the Planning Commission had reviewed the request and recommended approval with the condition that if the animal is removed for a yecu, then the special exception would lapse. Councilman Welker noted that the request was to have two horses, and the table on the first page of the summery said one horse. He inquired which was correct. Mr. Ouesenberry advised chat in the interim one of the horses was sold, so the request now was to keep one horse on the property. Mayor Worrell opened the Public Nearing at 7:10 p.m. Mr. Hutchinson addressed Council advising that he had just installed a brand new electric fence to ensure the animal did not escape from the property. Mr. Warburton asked Mr. Hutchinson who owned the property being discussed;r August 2, 201 i /Page 1 of 3 Mr. Hu#chinson responded that he was purchasing the property from Harry and Jean Gates but their name was still on the deed. Mr. Warburton inquired whether the Gates had received legal notification2 Mr. Hutchinson advised that they had received written notification. Additionally, he noted that the Gates had given verbal approval to him although they did not sign the application or attend the Planning Commission meeting. There being no further comments, the Hearing was closed a# 7:14 p.m. Mayor Worrell moved on to the Public Comment period. Mr. Henry Whitehurst addressed Council regarding the keeping of chickens on private property. He advised that after seeing chickens on other properties in Town, he purchased some for himself. He received a notice of violation in regard to the chickens this year. He appealed to the Board of Zoning Appeals on April i 4 to be allowed to keep the chickens. He advised that the Board of Zoning Appeals tabled the issue for 90 days. He asked Council to review the zoning regulation advising that the regulation was vague. He asked Council to consider allowing chickens in back yard coups. Mayor Worrell inquired whether Mr. Whitehurst's interpretation of the zoning regulation was accurateZ Mr. Hawley advised that the interpretation was correct. Following extensive discussion, staff was to gather information from surrounding areas and provide the information to Council at the August 23, 2011 Work Session for discussion. Additionally, Councilman Welker moved to direct staff to refer keeping of chickens in residential areas to the Planning Commission for review. Councilman Bopp seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Greg C. East -Aye Mr. Whitehurst inquired whether he had to get rid of his chickens in the interim until Council made a definitive decision2 Mr. Howley advised that staff would handle this question. The next item on the agenda was the Consent Agenda consisting of the Council minutes of 7-5.11. Councilman Welker moved to adapt the Consent Agenda consisting of the Council minutes of 7-5-11 as written. Councilman Clark seconded the motion and carried on voice vote. Mayor WorreN moved on to Project Updates and Bluegrass Festival. Mr. Hawley summarized the status of the advertising and preparation for the Pulaski Grand Slam Bluegrass Festival to be held August 20 at Calfee Park. The next item on fhe agenda was Old Business which included the Dora Highway CDBG Phase II contract and the Dora Highway Infrastructure contract. Mr. Howley advised that staff had not received the contracts for the two programs. He hoped to have them available by the August 23, 201 1 meeting. He noted that Council could direct the Town Manager to sign the August 2, 2011 /Page 2 of 3 contracts when they arrive or they could wait until the August 23, 2011 meeting so they could review the contracts. The consensus of Council was to wait for the contracts to arrive and review them for the August 23, 2011 Work Session. Mayor Worrell moved on to New Business. The first item was the re-appointment of Lane Penn to Pulaski Rehabilitation and Housing Authority (PRB,HAj Mayor Worrell advised that Mr. Penn's term was due to expire and he had agreed to serve another term. Councilman Clark moved to adopt Resolution 2011-i 6, Reappointment Of Lane Penn To The Pulaski Redevelopment And Housing Authority. The motion was seconded by Councilman Kidd and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Greg C. East -Aye The next item was the appointment of Linda Hall and David Allen to the Planning Commission. Mayor Worrell advised that Mrs. Hall and Mr. Allen's terms were due to expire and both had agreed to serve another term. Councilman Clark moved to adopt Resolution 2011-15, Appoin#ment Of Linda B. Hall And David L. Allen To The Planning Commission as written. The motion was seconded by Councilman Kidd and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Greg C. East -Aye Mayor Worrell moved on to the special exception request to keep horse on property. Councilman Welker moved to adopt the Planning Commission recommendation with the additional stipulation that the fencing be kept in proper working condition to keep the horse within the fenced area. Councilman Clark seconded the motion and carried on the following recorded vote: Morgan P. Welker -Aye Robert A. Bopp -Aye H. M. Kidd -Aye Joseph K. Goodman -Aye David L. Clark -Aye Greg C. East -Aye At 7:38 p.m., there being no further business, the meeting adjourned on motion by Councilman Clark seconded by Councilman Welker and carried on voice vote. Approved: ey S. Worrell, Mayor August 2, 2011 /Page 3 of 3