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HomeMy WebLinkAbout09-20-949503 September 20, 1994 (special meeting) Minutes of the special meeting of the Pulaski Town Council held September 20, 1994, at 7:30 a.m. in the Council Chambers in the Municipal Building. There were present: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, John W. Stone, Bettye H. Steger, W. Edgar Hale, Alma Holston W. H. Schrader, Jr. Also Present: Frank Terwilliger, Town Attorney Mike Jenkins, Acting Town Manager Ruth A. Harrell, Clerk The meeting was called to order by Mayor Graham. Councilman Stone led the Pledge of Allegiance and Councilman Johnston gave the Invocation. Following the roll call, Mayor Graham advised that the purpose of the special meeting was a legal matter to be discussed in Executive Session. SPEC. At 7:33 a.m. Councilwoman Holston so moved that Council go into MEETING Executive Session under 2.1-344 A7, Legal Matter, regarding sewer SEWER corrosion rehabilitation. Motion seconded by Vice Mayor Schrader and CORROS. carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. 3~chrader, Jr. - Aye E. G. Black, Jr. - Absent 1 At 8:17 a.m. Council returned to special session and waived reading of the Certification Resolution on motion made by Vice Mayor Schrader, seconded by Councilwoman Holston and carried. Vice Mayor Schrader so moved that Certification Resolution bE adopted, seconded by Councilwoman Holston and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Absent September 20, 1994 (special meeting) 9504 At 8:19 a.m. Vice Mayor Schrader so moved that Council adjourn, seconded by Councilwoman Steger and carried. APPROVED: 1 MAYOR Attest: Clerk of Council ^ 9505 September 20, 1994 7:00 p.m. Minutes of the regular meeting of the Pulaski Town Council held September 20, 1994, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, John W. Stone, Bettye H. Steger, W. H. Schrader, Jr., Roy H. D'Ardenne, Jr., W. Edgar Hale, Alma H. Holston, Elbert G. Black, Jr. Also Present: Frank Terwilliger, Town Attorney Mike Jenkins, Acting Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mary Lee Duncan Ronald Vaughan Valencia Johnson Dean Hufford Herman Largen Henderson Randolph King Chan Michael Dowell Patricia Gooch The meeting was called to order by Mayor Graham. Councilman Black led the Pledge of Allegiance and Vice Mayor Schrader gave the Invocation. Following the roll call and welcome by Mayor Graham, Councilwoman Holston so moved that the minutes of the regular meeting of September 6, 1994, be approved as submitted, seconded by Councilwoman Steger and carried. Mayor Graham advised that first on the agenda was Resolution No. 94-25 Proclaiming September 26-30 as Industry Appreciation meek. The Resolution was read by Mayor Graham. Councilwoman Holston made a motion that Resolution No. 94-25 be adopted, seconded by Vice Mayor Schrader and carried on the following recorded vote: ~ John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye ~'~E' John W. Stone - Aye W. Edgar Hale - Aye WF~ Bettye H. Steger - Aye Alma H. Holston - Aye 1 Septanber 20, 1994 • W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye 9506 TAB ~ Next on agenda was a public hearing to hear a request by Blue & White Cabs for a $0.25 increase per taxi cab trip. Mr. Jenkins advised that the request was for a 25 cents increase on the flat rate per trip. There is an additional 50 cents added to each of the existing rate schedules as a flat charge. There are two options available if Council decides to take action tonight. Ordinance No. 94-28 Version A adopts the increase by increasing the rates. Ordinance No. 94-28 Version B adopts the increase by increasing the flat charge. Mr. Jenkins read a letter from Mr. James E. Aust, aim Dandy Taxi. Mr. Aust, in summary, felt that well being and welfare of the citizens comes first. Mr. Aust further apologized for not being at the Council meeting. Mr. Herman Largen, Blue & White Cabs, stated that their expenses had grown since the last rate increase. • There were no further comments from the public regarding the requested taxi cab rate increase. In discussion by Town Council, Councilman Stone was in favor of rendering the rate increase of 25 cents, and had no problem with the flat charge of 50 cents. Vice Mayor Schrader stated he did not like being in the position of being involved in another man's business, but he thought he preferrect~ Ordinance 94-28, "B" option as it seemed to him it might be a little easier to administer. Vice Mayor Schrader questioned if each taxi provider must raise their rates to this level. Mr. Terwilliger advised that as the ordinance is now written, this was a flat charge. Council would have the option that was discussed previously, to set as a maximum and let people charge below that. Vice Mayor Schrader had no problem with the increase, but if another provider did not want to use the 25 cent increase, he would have the option to charge the lower rate. Mr. Aust's letter did not request an increase in rate. Also, the rates should be posted, and give the Town notice of their rate. He would like to see an ordinance written that would he a maximum and provide an option as to the rate charged. • Councilwoman Holston also preferred Ordinance No. 94-28 "B" option, and agreed with Vice Mayor Schrader's comments. Mr. Terwilliger is to add language to the Ordinance increasing the 9507 Septanber ZD, 1994 • flat rate, and giving 30 days notice of rate change, either up or down. Upon inquiry from Mr. Hale, Mr. Largen re; discussed tonight would not have any effect on charged from municipal building to hospital as Medicaid. Mr. Largen stated approximately one Medicaid. Mr. Largen also stated that he felt charge the same rate for the same trip. ported that rate being Medicaid. $2.55 is compared $2.40 charged to third of his business was that each company should Councilman D'Ardenne questioned the two different rate figures, an existing rate and Mr. Largen is requesting an additional 25 cents and then there is a flat rate that they are charging in addition to that. He asked if there was a reason that we should not combine those two figures. Vice Mayor Schrader personally like the "B" option which is the two different rate structures. You can control one rate and the other remains as it is. Ordinance will be brought back to next Council Meeting. P[JBLIC HEARING I~NG C11AN C a s e ~~~ 5 t h Next on agenda was public hearing regarding Planning Commission No. 94-46RZ, a request by King Chan to rezone 1.16 acres at 307 Street from B-1 (Local Business} to B-2 (General Business). ~~, ~~ Mr. Jenkins advised that this property is located immediately • across the street at the intersection of Edgehill Drive and Route 11. This request has been reviewed by Town Staff and the Town Engineer recommended approval of the rezoning, and on August 8, 1994, the Planning Commission considered this matter and recommended approval of the rezoning. There were no public comments for or against this rezoning request. Mr. King Chan, owner of the Beijing Restaurant and Motel, stated he felt the pool tables would provide recreation for visitors. Mr. Jenkins advised that the Police Department had not received any complaints regarding the Beijing Restaurant. In answer to inquiry regarding the rezoning request and then the conditional use request, Mr. Jenkins advised that at present,~Mr. Chan was operating pool tables which is not allowed in the B-1 district; it is allowed by conditional use in the B-2 district. There were no comments from the public on the rezoning request. Public hearinq~was then closed. Councilman D'Ardenne made a motion that reading of Ordinance No. 94-26 be waived, seconded by Councilwoman Holston and carried. p~~~ y[r26 Councilman D'Ardenne so moved that Ordinance No. 94-26 Rezoning • 1.16 Acres at 307 5th Street, NE from B-1 (Local Business) to B-2 (General Business) be adopted, seconded by Councilwoman Holston and Septanber 20, 1994 • carried on the following recorded vote: John A. Johnston - Aye John W. Stone - Aye Bettye H. Steger - Aye W. H. Schrader, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye W. Edgar Hale - Aye Alma H. Holston - Aye E. G. Black, Jr. - Aye ftJBLICHEARThe next public hearing was Planning Commission Case No. 94-47 CU, OON~ request by King Chan for a Conditional Use to operate three pool tables at 307 5th Street. Mr. Chan advised that he had had the pool tables in use for two months and requested approval for the pool tables. There were no other comments received from the public for or against this request. Councilman D'Ardenne made a motion that reading of Ordinance No. 94-27 be waived, seconded by Councilwoman Holston and carried. Councilman D'Ardenne made a motion that Ordinance No. 94-27 Approving a Conditional Use at 307 5th Street NE to Operate Pool Tables • be adopted, seconded by Councilwoman and carried on the following recorded vote: ORDINANCE N0. ~r27 adopted ohn A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye At this time, Mayor Graham closed the public hearing. As there were no comments from the public, Mayor Graham called for Council Committee Reports. UTILITIES COMMITTEE Chairman Johnson had no report. FINANCE COMMITTEE 9505 Chairman Schrader reported that the Finance Committee had met September 15, 1994, and entered executive session on: a) UDAG Application for downtown business; b) Potential UDAG Application for downtown business; c) Economic Development project for existing industry. Also, Legal Matters a) Contract regarding 9-1-1 system and b) Sewer Corrosion Contract. MA~• Chairman Schrader stated the committee recommended the purchase of 2 leaf machines which was discussed during the budget deliberations. Our existing leaf machines are no longer operable. $18,500-fn~r•the 9509 September 20, 1994 r ~ LJ purchase of two leaf machines will be funding by FEMA reimbursement from last winter's ice storms. The amount received thus far from FEMA is $30,668. TREASURIlZ OFF'. Chairman Schrader stated the committee discussed computerization master plan for the Finance Department. The Town's administration will come back to Council with a plan for converting from our present system to acquisition of software for utility billing, accounting, delinquent taxes, payroll and hardware. The plan will include establishing priorities, a preliminary budget, timetable and the conversion of existing utility and tax records to the PC's. A plan will be forwarded to the Finance Committee in 30 to 45 days. The Finance Committee also discussed the public hearing regarding the taxi cab rate increase request. UDAGLOAN Chairman Schrader stated that before Council was Resolution No. 94- ~& 26 Authorizing a Loan not to Exceed $39,600 in Urban Development Action ~ Grant Repayment Funds to Assist Michael Dowell and Patricia Gooch in the Acquisition and Renovation of an Existing Commercial Building at 69 West Main Street to Open a Framing and Retail Store, Design Studio, Workshop and to Renovate the Second Floor for Residential Use, and so moved that • reading of Resolution 94-26 be waived, seconded by Councilman D'Ardenne and carried. Vice Mayor Schrader so moved that Resolution No. 94-26 be adopted, seconded by Councilwoman Steger. 1 BiTILDING Councilman Black inquired if new employees would be hired, with Mrs. Gooch advising it appeared they would need two. Mr. Terwilliger advised this was not a variable rate, it is a fixed rate. Motion carried on the following recorded vote: 94-26 John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye Chairman Schrader advised that correspondence had been received regarding,condemned structure that will be torn down, and asked if we were able to collect our money, with Mr. Terwillig r advisir~ th approval is being sought to go ahead anc~ authori~ie tie awarding of the contract. Mr. Terwilliger stated he had been contacted by C-harter Federal and they are prepared to issue a letter of credit although it is past the courts deadline. If we can get the letter of credit sometime this week, he would recommend that the Council authorize the accepting the letter of credit since that would give us a fund to base the $15,000• which would be available if building is torn down and site completely cleaned up by February _or brought up to code compliance. February is September 20, 1994 9510 (Building to be torndown, cont's~ the drop dead date that the court had put`in its order. The court has said that if the owner wanted to get a letter of credit to the Town within the next two weeks, he could do so. The two weeks are past but the owner has been trying to get one. It is not that he was not able to get one financially, but it is a question of working out the logistics of it. Charter Federal has contacted Mr. Terwilliger as opposed to the property owner, and have said that they are prepared to go ahead and issue one. Mr. Terwilliger stated that the court had made it clear that if property owner begins the renovation procedure, but fails to bring it into compliance, that will be money that is wasted and if it is not up to code or torn down, then the Town can go ahead and tear it down and use the letter of credit to fund it. The property owner has indicated that he wants to tear it down himself as he feels he can do it cheaper than the Town. Chairman Schrader so moved the authorizing of the contract to Kemp Construction with a low bid of $7600 for the demolition of a condemned structure at 200 South Washington Avenue if a letter of credit is not received in proper form, seconded by Councilman D'Ardenne. Mr. Terwilliger advised that the $15,000 was put in place by the Board of Zoning Appeals and property owner never filed a letter of credit which is why we went into court on the matter. Mr. Jenkins advised the low bid for this project was $7,600 and budget line item for demolition has $6820 available, a shortfall of $780 which will need to be transferred or an appropriation made. Motion then carried on the following recorded vote: Conderaied Building John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye PERSONNEL COMMITTEE Finance Chairman D'Ardenne had no report, however, stated advertisements are out for Director of Finance and within the next month, he expected we would have applications and resumes. Chairman D'Ardenne requested a Personnel Committee meeting sometime before next Council meeting to review the safety program that we are putting into place. PLANNING COMMISSION REPORT Councilman D'Ardenne reported that the Planning Commission mE-t- September 12 and discussed a request for a conditional use, Case No. 94- 45CU, by Samuel G. Austin on behalf of Pulaski Lodge No. 154 to operate pool tables and a game room with video machines at 143 Randolph Avenue: 9511 Septenber 20, 1994 The Planning Commission recommended approval of the conditinal use subject to the following conditions: 1. No alcohol is permitted in the game room; and 2. The hours of operations shall be 11:00 a.m. to 11:30 p.m. (Monday through Saturday} and 1:00 p.m. to 11:30 p.m. (Sundays}. A public hearing before Town Council was scheduled for October 4, 4:00 p.m. The subject property is zoned B-3 (Central Business District). In the B-3 zoning district game rooms require a conditional use. It was clarified that Pulaski Lodge No. 154 is the Masons. ordinance Councilman D'Ardenne advised that the Planning Commission had cosm~itteerequested that the Ordinance Committee review procedure that is currently being used for a rezoning request that does, in fact, turn into a conditional use. Apparently, the way the statute is written now, we have to have a public hearing to do the rezoning before we consider a conditional use. Mr. Terwilliger and the Town Engineer have a few suggested changes to the zoning ordinance. Vice Mayor Schrader suggested that the other departments of the Town also be contacted for changes in ordinances. PUBLIC OPERATIONS COMMITTEE Chairwoman Holston had no report, but advised that a meeting had been scheduled for September 23, 7:30 a.m. ORDINANCE COMMITTEE Chairman Black had no report. ~~~ Councilwoman Steger advised that she had been viewing problem areas Il~IIONwith the Building Inspector Tom Compton and Assistant Town Manager Rob Lyons. She advised there are areas in Town that we need to clean up and asked if there were not police powers that could be granted to the Building Inspector where he could make a summons. Mr. Terwilliger stated that the Uniform Building Code gives the Building Inspector authority to do so. If the Building Inspector feels it is a criminal violation, he usually goes to the Magistrate and takes out a warrant. He further advised that the State Building Code had been adopted by the Town as well as the Property Maintenance Code. Chairman Black stated that we currently have an ordinance for old cars, nuisances, and weeds. MAYOR'S REPORT 0 Mayor Graham requested that by next Council Meeting, he would like September 20, 1994 9512 to have a schedule that the museum will be kept open. Also, signs, arrows should be erected. Mayor Graham felt that it was also needed as ~~ to who would be in charge of the volunteers as' to coordinating with Chamber of Commerce. Mayor Graham also asked for an update on the New River Trail. Mayor Graham asked for update on what streets would be resurfaced this fall. IJ~S Mayor Graham also reported that he had received calls regarding dogs barking and running loose, and requested that the Ordinance Committee also look into this matter. At present, the County administers the dog ordinance. Mayor Graham asked for a report as to how our Police Department fits into this. Council Members felt that the Game Warden does not respond to complaints. Mayor Graham suggested that the new Chief of Police might determine what procedure and what kind of reaction can we get on complaints regarding dogs barking in the neighborhood. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT FIRE DII'T. Acting Tawn Manager Mike Jenkins stated that a request had been received from the Lieutenant Colonel John R. Loyd, Radford Army Ammunition Plant, to enter into a mutual assistance agreement between the Fire Department and Hercules. The Fire Chief has reviewed this supplemental agreement and the recommendation has come back for the Town to authorize the Town Manager to enter into this agreement for fire assistance. Vice Mayor Schrader so moved that reading of the Supplemental Agreement 3 be waived, seconded by Councilman D'Ardenne and carried. Councilwoman Holston so moved that Supplemental Agreement No. 3 be approved and that Town Manager be authorized to execute agreement. Motion seconded by Councilman Black and carried on the following recorded vote: I~TTAL AGREE. John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye ADOPTID Sohn W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye GOI.INCI~3r. Jenkins reported that Virginia Municipal League Conference is scheduled for October 18. Councilman D'Ardenne made a motion that the regular scheduled meeting of October 18 be cancelled, seconded by Councilwoman Steger and carried. ^ 9513 September Z0, 1994 Mr. Jenkins gave Council a projects update. The bid for striping of Route 11 was discussed and it was reported that this project is a budgeted project. At 8:00 p.m., Councilwoman Steger so moved that Council go into Executive Session under 2.1-344 A7 legal matter regarding sewer corrosion, seconded by Vice Mayor Schrader and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye At 8:18 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Vice Mayor Schrader, seconded by Councilman D'Ardenne and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye As Council waives the reading of ordinances, resolutions, etc., Mr. Terwilliger is to check into this for a rule change and will bring back to Town Council. Government Student Marsha Tucker was introduced to Council. At 8:20 p.m., Council adjourned on motion made by Vice Mayor Schrader, seconded by Councilwoman Holston and carried. APP'ROVID: Mayor ATT~SI': ~• C1 k of Council