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HomeMy WebLinkAbout08-20-918990 August 20, 1991 Minutes of the regular meeting of the Pulaski Town Council held August 20, 1991, 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. Mary Lou Copenhaver, James R. Neighbors, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Planning Commission: Dr. A. W. Anneski, William T. Smith, Jr., W. H. Schrader, Jr., Roy D'Ardenne, Roy David Warburton, Joe Weddle, Andy McCready Also Present: Frank Terwilliger, Town Attorney Robert J. Lyons, Acting Town Manager Ruth A. Harrell, Clerk Rebekah Corso, Secretary Visitors: Paul Dellinger and Dee Lindsey, News Media J. B. and Nellie Warner Johnny Dean Claud and Virginia Kirkland Christopher Terwilliger Eula Farmer Betty Sanders Mrs. Dalton James Hylton The Pledge of Allegiance was led by Councilwoman Copenhaver. The invocation was given by Councilman J. R. Schrader. After the roll call was taken, Councilwoman Holston so moved that the minutes of the regular meeting of August 6, 1991, be approved as submitted, seconded by Councilman Crispin and carried. PUBLIC Mayor Hancock advised that on agenda was a public hearing before HEARING the Council and the Planning Commission with regard to a proposal to REZONING rezone a portion of Route 11 between Alum Spring Road to Pleasant Hill Drive from R-2 (Residential) to B-2 (General Business). Mr. Lyons reported that the request for the rezoning on Route 11 was initiated by the Town. The Director of Engineering recommended the initiation of the rezoning request after receiving an inquiry from a commercial property owner in the subject area. Using overhead visuals, Mr. Lyons illustrated the property that is being considered for rezoning. The Planning Commission, at its meeting on July 22, 1991, had recommended that the area north of Route 11 between the NRO Service Station and the existing B-2 (General Business) zone be included in the rezoning request. The additional area includes seven residences. August 20, 1991 8991 PUBLIC HEARING, cont. Mr. Lyons advised that the Town Manager had expressed some concern over the additional area proposed by the Planning Commission. Since the area is presently developed and contains seven residences, a future business legally located within the additional area could create conflicts with the existing residences. He advised the remainder of the proposed rezoning is undeveloped and is not immediately located next to existing residential development. Prior to the adoption of the current zoning map in 1987, the proposed area was zoned B-2 (General Business). In 1987, the area was rezoned R-2 (Residential). The Leisure Lanes Bowling Alley, Pleasant Hill Drive and Route 11 retained a B-2 zoning. Because the NRO Service Station existed prior to the adoption of the zoning ordinance in 1987, it is a permitted nonconforming use. As a "grandfathered" use, the NRO Service Station may not be enlarged. A vacant building, opposite the NRO Station, lost its permitted nonconforming use since it has remained idle and unused for a continuous two year period. From the public, Dr. James Hylton advised that another piece of property on the other side of Oakhurst Ave., approximately 500 ft. that lays in front of the apartments, should be included in this proposal. This property was originally purchased by Dr. Hylton as a possible medical office and it was zoned business when he purchased it. Dr. Hylton was unaware, as an owner, that the game room property had been rezoned. A letter from Evelyn English was distributed opposing the request as it is presently proposed. She owns the triangular parcel of land across from the bowling alley. Prior to the adoption of the R-2 zoning in 1987, this property had also been zoned business. She felt her property should be included in this change. From the public, J. B. Warner had no objection to the rezoning, but stated that on left side with stream, to leave as residential as suggested by Mr. Cofer, to possibly develop into a park. Claud Kirkland had no interest in property but questioned recent rezonings on corner of Jefferson and 5th and on Bob White Blvd. He asked about restrictions that the owners must live up to. He further stated that both pieces of property had been resold. Mr. McCrady stated that you always have the restrictions of that zone which is on the property. Discussion followed regarding the legal notice published and the mailing of this notice to surrounding property owners. Dr. Hylton did not receive a copy of the notice and it was felt that other property owners might not have received notification of proposal to rezone. Also, some property owners were not aware of the 1987 rezoning until after the rezoning was adopted. Mr. McCrady advised what was required by Code of Virginia and stated this notification had been published. Mr. Lyons stated that 29 certified letters were mailed to surrounding property owners on this hearing. Mr. Weddle stated that property in question was rezoned in 1987 8992 August 20, 1991 PUBLIC HEARING, Cont. because Mr. Cofer, zoning consultant, recommended it. Mr. Warburton stated that in the 1987 revision, both sides of the street were identically zoned R-2. Mr. Crispin questioned if surrounding property owners were in agreement to rezone. Mr. Terwilliger explained the process of notice to the property owners. In the 1987 rezoning a mass publication was made. Mr. Lyons reported that Mrs. Ima Wallace inquired about the rezoning request. She questioned if it would affect the assessed value. Mr. Lyons also stated that if English and additional Hylton property is to be considered for rezoning, a second public hearing would be required. Regarding the game room owned by Dr. Hylton, this business could only be operated with special use exception in the residential zoning. Dr. Hylton had asked that they be given temporary operating privileges. At 7:35 p.m. the public hearing was adjourned with the Planning Commission going to another room to discuss their recommendations. As there no further comments from the public, Mayor Hancock then called for Council Committee reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE Chairperson Copenhaver had no report. FINANCE COMMITTEE Chairman Neighbors had no report, but requested an executive session on a personnel matter. UTILITIES COMMITTEE Chairman Graham was absent. PUBLIC OPERATIONS COMMITTEE PEAK CREEK Co-Chairwoman Holston advised that the committee had met August 13 and reviewed the Peak Creek Channel Improvement from 1987 and the Flood Height Reduction Studies. A site visit was made in the vicinity of Mr. Jake Blevins' property. According to the Corps of Engineers, wideriin~ Peak Creek to 60 ft. from the Dora Highway Junction Railroad Bridge to a~` point 0.1 mile upstream of the Rt. 99 Bridge would r_oduce the depth of the 100 year flood plain by 1.3 feet. The 1987 estimated cost of the channel widening is 5749,500. The project conflicts with four gravity sewers, one sewer force main and the overflow from the sewage pump station. Since the channel widening is not cost effective and would not significantly reduce the level of the 100 year flood, the Committee concluded that widening the creek by 60 feet is not feasible. However, the Committee requested that the Town remove the vegetation behind Mr. August 20, i9yl 8993 Blevins' property. STREETS The Public Operations Committee also reviewed a request for a median cut by Dodson Pest Control on Route 99 to allow entry to the company from eastbound traffic. The Committee discussed the request and removal of the entire Route 99 median and construction of a turning lane. Since turning lane requires 12-feet, the project would involve relocating utilities and removal of the southside sidewalk. The Town has no short-term plans for the removal of the median. A median cut at the proposed location may create a conflict with traffic entering Walnut Avenue from Route 99. The Committee recommended denial of the Route 99 median cut requested by Dobson Pest Control. MAYOR'S REPORT COUNCIL- Mayor Hancock reported that Councilman Graham is in Roanoke MEMBER Community Hospital and has had hip surgery. He is reported to be doing very well. Councilman Crispin made a motion that Councilman Graham be formally excused from the next three meetings, seconded by Vice Mayor Neighbors and carried. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Lyons reported that the Town offices would be closed September 2, 1991, in observance of Labor Day. At 7:40 p.m., Mayor Hancock called a temporary recess. At 7:50 p.m. Council reconvened and the Planning Commission returned to the regular meeting. PUBLIC FiEA1~rG, i~c°~ready reported that the Planning Commission moved, seconded, and unanimously voted to request a joint public hearing be held on September 17, 7:00 p.m. to consider rezoning on Rt. 11 from R-2 to B-2. He used a map via visual overhead to illustrate just exactly what they were calling for a public hearing to consider. Mayor Hancock stated that Mrs. Lillian Dalton had expressed that she would like to see her property zoned as business. Mrs. Dalton's property is currently zoned B-1. Mr. McCready stated that added to the public hearing would be the English property, the Hylton property, and will add the Lemons property to a depth of 300 feet. This will return the entire area to its original B-2 zoning prior to the 1987 changes. Mrs. Sanders reported that her Aunt, Mrs. Eula Farmer, owns property beside the NRO and also owns two lots behind it, a total of six acres. She questioned the house being one zone and acreage being another zone. Mrs. Farmer made the request that her six acres of land also be zoned B-2. Mr. McCready stated that the Planning Commission made their f 3994 Aubust 20, 1991 PUBLIC HEARING, can't. recommendation to Council for a joint public hearing on the matter previously brought back before Council. He stated they would have to go back in a meeting and bring another recommendation to Council. PUBLIC HEARINGCouncilman Crispin made a motion that a joint public hearing with SCH. the Planning Commission be scheduled for September 17 at 7:00 p.m., seconded by Councilwoman Holston and carried. Councilman W. H. Schrader made a motion that resolution be adopted to consider the request of Mrs.Eula Farmer to rezone 6 acres of her property be referred back to the Planning Commission for the scheduling f a public hearing, seconded by Councilman Crispin and so carrie~. Mr. McCready asked in regard to the R-2 matter, Council is under the assumption that they may discuss this at the joint public hearing of September 17, at 7:00 p.m. Mayor Hancock stated we would like to get all this wrapped up at one time. The Planning Commission again adjourned into a separate meeting place. ORDINANCE COMMITTEE REPORT As Chairman W.H. Schrader was in meeting with the Planning Commission, Councilwoman Holston gave the Ordinance Committee report. The committee met August 20 and discussed revisions to the Town Code, Chapter 10, Article II regarding vehicle licenses, commonly referred to as the Town decals. TOWN Mr. Lyons reported that the Finance Department is currently DECALS preparing the Town decals. Several items in our ordinance need amendment or clarification. Changes proposed were: Currently the Town provides a five day grace period from the time the individual acquires a vehicle to due date of the vehicle license. The Code of Virginia requires a 20 day grace period and our ordinance has been amended in accordance with the State Code. The next proposed change concerns free decals. In the past, the Town has provided free decals to the volunteer firefighters, auxiliary police officers, disabled veterans, national guard members and former prisoners of war. The Code of Virginia authorizes only the issuance of free decals to active volunteer firefighters, active volunteer rescue squad members and disabled veterans only. The Town has no authority to issue free decals other than to the above. The third proposed amendment deals with the due date. Currently the license is due on September 1st and the Town provides a two-week grace period, so last date would be September 15. We had proposed amending the due date to September 15 with no grace period. The grace period would be eliminated. The proposed change also includes a minimum of thirty days notice prior to the license tax due date. Mr. Lyons reported that this year we have had problems with the printer and the decal notices have not gone out. They should go out either Wednesday or Thursday of this week. We will provide 30 days from the day that they are mailed before the vehicle license would be due. Due date will be September 20 or 21. Councilman Glenn stated that for simplification, could we just say that this year the decals would have to be purchased by the first of October, or the last day of September. Due date will remain Sept. 15, but this year there were problems with August 20, 1991 8995 TOWN DECALS, cont. the printer, therefore, an extension would be necessary. Councilman Glenn stated that once we get through with the ordinance, he would move that we adopt the ordinance and then amend it for this one particular year for date for 1991 being the first of October. Mr. Lyons reported that under the existing ordinance, vehicles disposed of during the year are eligible for a refund of the license tax. Since the Town does not refund any other tax, it was recommended to delete the vehicle license refund. This vehicle license refund was also difficult for the Finance Department to administer. Councilman J. R. Schrader made a motion that reading of ordinance be waived, seconded by Councilman Glenn and carried. Councilman Glenn made a motion that Ordinance No. 91-21 amending the motor vehicle and traffic provisions be adopted, seconded by Councilman W. H. Schrader and carried on the following recorded vote: ORDINANCE ADOPTED Charles D. Crispin - Aye Andrew L. Graham - Absent J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ORDINANCE N0. 91-21 AN ORDINANCE AMENDING THE MOTOR VEHICLE AND TRAFFIC PROVISIONS OF THE PULASKI TOWN CODE BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on August 20, 1991, that Chapter 10, Article II of the Pulaski Town Code be, and the same hereby is, amended to be in the form attached hereto. This ordinance is effective upon adoption and is hereby adopted this 20th day of August, 1991, by recorded vote of the Pulaski Town Council. PUBLIC HEARTNGAt 8:16 p.m. Mr. McCready reported that in a reconvened cont. continuation of the earlier meeting, Mr. McCready was nominated temporary secretary and they adopted the motion made by Mr. Schrader that they have a joint public hearing to be scheduled September 17 at 7:00 p.m. to consider rezoning from R-2 to B-2, a six acre parcel of land belonging to Mrs. Eula Farmer. Vice Mayor Neighbors made a motion to set a joint public hearing with the Planning Commission on September 17 at 7:00 p.m., seconded by Councilman J. R. Schrader and carried. At 8:25 p.m. Council went into Executive Session on a personnel matter under 2.1-344 Al on motion made by Councilman Glenn, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Absent J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye