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HomeMy WebLinkAbout07-20-93 July 20, 1993 Minutes of the regular meeting of the Pulaski Town Council held July 20, 1993, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Roy H. D'Ardenne, W. H. Schrader, Jr., Andrew L. Graham, E. G. Black, Jr., Alma H. Holston Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Asst. Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Rick Lindquist, News Media Susan Lyons Mary Lynn Kotnour Mr. and Mrs. J. B. Warner Polly Mitchell Charles Allison Jerry W. Heath Dick Dewitt Mr. and Mrs. Ralph Grubb 1 Glen R. Aust Jacob A. Blevins Betsy Mabry Dana Spraker The meeting was called to order by Mayor Hancock. Councilman Graham led the Pledge of Allegiance and Councilwoman Holston gave the Invocation. 9285 Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of July 6, 1993, be approved as submitted, seconded by Councilman Crispin and carried. PUBLIC HEARING-ALLISON Mayor Hancock advised that first on agenda was a public hearing to consider Planning Commission Case No. 93-34RZ, a request by the Walter W. Allison Estate, c/o Charles M. Allison, Administrator, to rezone lot No. 6, a two acre lot on the northeast side of Memorial Drive from R-0 (Residential Office) to B-2 (General Business) to allow a Sonic Drive-In Restaurant. Mr. Lyons stated that the Allison Estate had submitted a request to rezone two acres of their property along Memorial Drive. This property is between the Presbyterian Church and Pepper Ferry Road. Lot 6 was newly created by the Planning Commission last week and it is adjacent to 9286 July 20, 1993 the Presbyterian Church. The request is for a B-2 zone which would allow a restaurant as a permitted use. The Planning Commission met last Monday and they recommended that the application be denied. From the public, Mrs. Polly Mitchell asked if this request was turned down because it was next to the Presbyterian Church, would this mean that Mr. Allison would shift on down Memorial Drive. She felt that the public did not need this sort of business in this area. Mr. Ralph Grubb had written a letter to the Town Council and Planning Commission stating that he felt it would be "spot zoning", and requested that this request be denied. Mr. Lyons stated that in answer to Mrs. Mitchell's question, there is a prohibition against a substantially same application for a period of one year on this particular lot. In answer to inquiry from Councilman Crispin regarding other businesses allowed in a B-2 district, Mr. Lyons reported that the B-2 district is a general business district and as an example, along Rt. 99 is a B-2 district which would allow most any type of business that would attract customers from the entire Town. Mr. Allison stated that there was not much public resentment at the Planning Commission Meeting and felt the Sonic Restaurant would be a big success and an asset to the community. He asked that Town Council consider his request, and he did not want to do anything that would be detrimental to the Town. Mabry & Company Realtor representatives Betsy Mabry and Dana Spraker had been talking with the Sonic people and were in attendance at the meeting. Ms. Spraker gave a brief history of the Sonic Restaurants and advised that they would employ approximately 60 people. Mrs. Mitchell was advised there were five Sonic Restaurants in the State of Virginia. VA. Mr. Allison advised Councilman Crispin that he lived in Bedford, n ~I 1 Mr. Jerry Wayne Heath advised that production people did not have much time for lunch and that the Town needs more restaurants. There being no further comments from the public, Mayor Hancock adjourned the public hearing at 7:14 p.m. r10TI0N TO DENY Councilman D'Ardenne made a motion that Council accept the Planning REZON. Commission's recommendation that the rezoning request #93-34RZ be REQUEST denied, seconded by Councilman Crispin. Mayor Hancock stated that Members of Council would like to see a Sonic Restaurant in Pulaski as it would be a very positive addition to the community. The question before Council was not whether we have a restaurant of this type, which would certainly add to the community, but the question for Council was the location of the restaurant. There are very nice homes in the area, and to protect the community, a buffer zone, residential office, was set up between the shopping center (which is a very positive addition to our community} and the homes. Mayor July 20, 1993 9287 Hancock stated that Council appreciates the interest of Sonic and the efforts in trying to bring them to the community. He would like to think that Sonic would consider other locations in the Town. VOTE Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye E. G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Absent Mayor Hancock wished Mr. Allison success in developing the property into residential property. Mr. Allison stated that they had 210 acres to develop and appreciated the Town Council's consideration. WATER In speaking from the public, Mrs. Polly Mitchell addressed Council RATE regarding water rates. She felt a consultant was a waste of money and felt that the Town Manager, Assistant Town Manager, Superintendent of Public Works, Engineer and Treasurer could sit down together and work out a rate. This would be based on water used per month, and what it cost to produce, and raise the rate the same for residential and business, leaving the rate for the first 3,000 gallons which would help the people who are on a fixed income. And raise it $2.00 on every 1,000 gallons used above 3,000 gallons. She felt this was a very important item to the Town. Mrs. Mitchell asked why Magnox has five meters. Further, 25% of the water going through the treatment plant is not being billed. She asked that Town Council find out why the waste of 25% of the water that we are not getting any money on. She did not feel this was fair to the people of the Town. Mayor Hancock felt the Town Council had done an excellent job in maintaining the water system, both in the past and currently. We have one of the lowest water rates offered to our citizens because of the good management that we have. We want to be able to continue to offer our citizens the lowest water rate possible and that is why we are trying to get some expert advice that we do not have in house. We hope to come up with a plan that we can program out over five years or even more. Mr. Lyons stated that Magnox had five meters as the plant was developed in stages. Having five meters creates additional revenue for the Town as they pay a minimum bill on each of the meters. In answer to inquiry from Jacob Blevins, the sewer rates will not be affected as they have nothing to do with the water rates. The sewer cost is based on how many gallons of water the customer would use. As there were no further comments from the public, Mayor Hancock called for Council Committee Reports. PERSONNEL COMMITTEE Chairman J. R. Schrader had no report. X288 July 20, 1993 PLANNING COMMISSION REPORT Councilman D'Ardenne reported that the Planning Commission had met July 12 and reviewed the Allison Estate subdivision request and granted conditional approval of the preliminary plat. The second request of the Allison Estate {Case No. 93-34RZ) to rezone Lot No. 6 along the northest side of Memorial Drive was denied. ARB Councilman D'Ardenne advised that he had submitted his resignation from the Architectural Review Board because of demands on his time in starting a business. Councilman D'Ardenne recommended that another Planning Commission member be given the opportunity to serve on this board. The Planning Commission will recommend to the Personnel Committee a replacement from the Planning Commission to the ARB at its August meeting. Mayor Hancock thanked Councilman D'Ardenne for all his time and service on the Architectural Review Board. FINANCE COMMITTEE WATER Chairman W. H. Schrader advised that the Finance Committee had met July 19 in executive session to discuss legal matters regarding a potential litigation and to also discuss contract negotiations for a water fund study. After exiting executive session, the Finance Committee recommended that staff negotiate an agreement with the top ranked firm. Once the staff has concluded negotiations, it will be brought back to Town Council for public action. UTILITIES COMMITTEE PEPPERS Chairman Graham advised that this past year, the entire area had a FERRY lot of I & I in the Peppers Ferry system, and Peppers Ferry will rebate a portion of the money as the expenditures were less than the rev nu received. The Town will receive $28,800. The Town will a~].so receive $50,000 grant money that we had in Peppers Ferry, and the remainder of this total account will be closed out in the near future. PUBLIC OPERATIONS COMMITTEE CLOSING Chairwoman Holston advised that the Public Operations Committee had PORTION Orlnet on July 12 and July 13. The committee reviewed closing of ELM undeveloped section of Elm Street (Dora Highway-Jackson Ave.}. Mr. STREET Lyons reported that in February, a public hearing was held to consider a Town-initiated request to close Elm Street. Several residents voiced an objection to the closing. Three alleys were discussed in committee meeting with citizens attending. One of the alleys has been cleaned up (between Jackson Avenue and Stuart Avenue} which should help circulation in the area. Letters will be sent to residents to see if we can work out a cooperative arrangement between the residents and the Town for a clean up day. Chairwoman Holston also reported that some of the alleys are too steep and Public Operations Committee requested the staff to prepare a report on this matter and bring back to Committee. July 20, 1993 9289 PEAK CREEK Chairwoman Holston reported that the committee had discussed the request to widen Peak Creek. Staff was requested to prepare a report in 30 days to determine if funds would be available in F/Y 1993-94 budget to remove brush from the creek banks. It was also suggested that a yearly maintenance be performed as opposed to a larger project. Mr. Lyons stated the Corps of Engineers felt that the report that was done in the 1970's was still accurate and they did not feel that widening the creek or even updating the report would make any significant improvement to the creek. Mr. Jeff Davis, Corps of Engineers, did not have any demonstration projects nor was he aware of any programs available to assist in widening the creek. DRAINAGE Chairwoman Holston stated that at the July 13 meeting, the Public Operations Committee discussed the drainage priority list. The Public Operations Committee recommended, and Chairwoman Holston so moved that drainage improvements, Priority I, Priority II and Priority III, be completed in 1993/94 budget, as funds become available, and so carried. (Copy of the Drainage Improvements Listing is attached to permanent file copy of minutes). Mr. Lyons reported that a portion of street maintenance funds can be used for drainage projects. Chairwoman Holston stated the Public Operations Committee would met again Wednesday, July 21. ORDINANCE COMMITTEE R.R. WHIST.In the absence of Chairman Glenn, Mayor Hancock reported that the Ordinance Committee had met July 15 and reviewed the recent complaints regarding train whistles blowing between the hours of 11:00 p.m. and 7:00 a.m. Additional information has been requested from the Town Attorney which will be discussed at future meetings. MAYOR'S REPORT POLICE DEPT. Mayor Hancock advised that Police Officer J. W. Gregory had been awarded a Virginia Association of Chiefs Contribution to Law Enforcement. A memo Town Council outlining Officer Gregory's Congratulations were extended to Officer on this award which will be presented at Roanoke. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Combiths had no report. of Police Award for Outstanding randum had been distributed to act of heroism. Gregory and the Chief of Police a banquet on August 17 in Councilman Crispin advised that for the record, during the discussions of going out to bid on the water consultants, straw vote taken was 5-2. Councilman Crispin advised that he voted against it and 9290 July 20, 1993 Councilman Graham voted against it. At 7:43 p.m., Councilwoman Holston made a motion that Council adjourn, seconded by Councilman D'Ardenne, and carried. APPROVED: ~' ~~~(~ Mayor Attest: ~~ ~ ~~~ Clerk of Council