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HomeMy WebLinkAbout12-17-91December 17, 1991 Minutes of the regular meetin December 17, 1991, at 7:00 p.m. in Building. There were present: Mayor Council Members: J. R. James W. H. 9037 g of the Pulaski Town Council held the Council Chambers in the Municipal Gary C. Hancock, presiding Schrader, Jr., Mary Lou Copenhaver, M. Neblett, Andrew L. Graham, Schrader, Alma H. Holston Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mrs. Polly Mitchell Mr. and Mrs. J. B. Warner Mr. Ward Angle Angie Banes Dolly Banes Mr. Henderson Randolph The meeting was called to order by Mayor Hancock. The Pledge of Allegiance was led by Councilwoman Holston. The Invocation was given by Councilman J. R. Schrader. Following the roll call, Councilwoman Holston so moved that Minutes of the regular meeting of December 3, 1991, be approved after correction, seconded by Councilman J. R. Schrader and carried. PUBLIC Mayor Hancock welcomed visitors and advised that first on agenda HEARwas the first of two public hearings. The first public hearing ST. concerned the closing of an unused, developed section of Altoona Street, located south of West Main Street. Mr. Holycross reported that this request was from Magnox, Inc. to vacate the closed, but developed, section of right-of-way on Altoona Street. He reported that in the late 1980's, the one-lane bridge connecting Altoona Street to Johnson Street was removed and this section of Altoona Street, from West Main to the edge of the creek (north Tract Fork of Peak Creek), became a dead-end section at the creek. The Public Works department recently installed a gate and guardrail to prevent vehicles from entering this section of the Street from West Main. Magnox, which owns the property adjacent to both sides of the existing right-of-way, has requested that the Town vacate the right-of- way. Magnox would like to use the right-of-way to construct a new entrance into their plant. If the new entrance is constructed, the existing entrance off Commerce Street, which crosses the Norfolk and Southern tracks, would generally be abandoned. Mr. Holycross stated the Public Operations Committee has reviewed the request and the staff does 9038 December 17, 1991 not have any objections to the requested vacation of the right-of-way provided that all necessary easements are obtained for existing public utilities and that the Town have the option of removing the guardrail and gate that were recently installed. Mrs. Polly Mitchell questioned the advantage of closing this street by Magnox. Using an overhead visual, the closing in question was illustrated. With Magnox owning property on both sides of this street, the property of closed street would revert to Magnox. As there were no further comments from the public, at 7:10 p.m. th public hearing was adjourned. PUBLIC HEAR. Mayor Hancock advised the next public hearing regarded the closing STREET of an undeveloped section of First Street, SW, located west of Second CLOS. Bertha Street and South of the residence located at 84 Second Bertha Street. Mr. Holycross stated that this request came from Mr. Ward Angle, 84 Second Bertha Street, for the Town to vacate the street. He further reported that according to a recent survey of Mr. Angle's property, a bathroom addition to Mr. Angle's residence encroaches approximately 1.3 feet into the undeveloped right-of-way of First Street. Mr. Angle had requested that the Town vacate the undeveloped right-of-way or, alternatively, grant an approval of the encroachment. The Town is unlikely to develop this section of undeveloped right- of-way because of an extremely steep grade. The Public Operations Committee has also reviewed this request. No comments for or against this closure were received from the public. Mr. Terwilliger stated there was some concern about one lot being land-locked, however, Mr. Angle owns this lot also, and has signed a letter stating that he understands there may be restrictions on buildin on those lots unless there is access to a public street. At 7:14 p.m. this hearing was adjourned. In hearing from the public, Mrs. Polly Mitchell addressed Council regarding water bills and the reading of the water meters. She stated that meters were not being read at the same time each month and this caused overpayment by the customer. Mrs. Mitchell also advised Council of the excursion train, going from Staunton to Charlottesville and also that the depot had been turned into a restaurant in Staunton. Most little towns are going into tourism. Mrs. Mitchell asked why the Council never recognized the Crime Watch people. She felt these people were doing a fine job. Mayor Hancock stated that the Council had recognized the Crime Watch people on several occasions and they are doing a great job. Mr. J. B. Warner had no objection to the closing of the street for Magnox and title being conveyed to Magnox, and asked if the land would be deeded to Magnox and would it get back on the tax rolls. Mr. Terwilliger reported that we quit claim the property to Magnox and it December 17,1991 9039 would go back on the tax roll in Magnox's name. As there were no further comments from the public, Mayor Hancock called for Council Committee Reports. PUBLIC OPERATIONS COMMITTEE Chairman J. R. Schrader stated that before Council was Ordinance 91-31 closing a developed right-of-way on Altoona Street south of West Main Street, and so moved that reading of this Ordinance be waived, seconded by Councilwoman Copenhaver and carried. Chairman Schrader made a motion that Ordinance No. 91-31 Closing a Developed Right-of-Way on Altoona Street, south of West Main Street be adopted, seconded by Councilman Neblett and carried on the following recorded vote: ORDINANCE ADOPTED CLOSE Charles D. Crispin - Absent Andrew L. Graham - Aye STREET J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent Chairman Schrader stated that before Council was Ordinance No. 91- 32 closing an undeveloped right-of-way on First Street, SW, west of Second Bertha Street and so moved that reading of the ordinance be waived, seconded by Councilwoman Copenhaver and carried. Councilwoman Copenhaver made a motion that Ordinance No. 91-32 be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: ORDINANCE ADOPTED SE STREE'TCharles D. Crispin - Absent Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent PUBLIC & PERSONNEL RELATIONS Chairwoman Copenhaver had no report. UTILITIES COMMITTEE Chairman Graham had no report, but questioned the one day a total of 3,674,000 gallons of water were pumped as reported in the Water Treatment Plant report for the month of November. Mr. Holycross will determine what the high figure was for and report back to Council. FINANCE COMMITTEE TAXICABS Chairman W. H. Schrader had no report. ORDINANCE COMMITTEE Chairperson Holston advised the Ordinance Committee had met December 11 and reviewed the background and character of taxicab 9040 December 17, 1991 applicants. The committee entered Executive Session to receive legal counsel. The committee recommended, and Chairperson Holston so moved, that 13 temporary certificates be issued to Blue and White Cabs and 4 certificates issued to Deluxe Cabs subject to further review by Town Council in February, 1992 or at conclusion of the case pending against owner Virlen Chrisley in Circuit Court; and that 5 certificates be issued to Jim Dandy Cabs for calendar year 1992. Motion seconded by Councilperson Copenhaver and carried on the following recorded vote: TAXICAB Charles D. Crispin - Absent Andrew L. Graham - Aye CERTIFICATES J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye ISSUED Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent [] Chairwoman Holston reported the committee had talked about the Town wrecker list and general policy utilizing businesses located in and WRECKER licensed by the Town. Mr. Richard Stuart, on behalf of Stuart's Used LIST Cars and Body Shop, is requesting to be placed on the Town's wrecker list. Mr. Stuart is currently located in the County. The Town's current list includes Pulaski Motors, Coltrane's and Jim Dandy. The committee will make a decision on Mr. Stuart's request within 45 days. Chairwoman Holston stated that the committee had reviewed a ZONING nonconforming trailer. Mr. and Mrs. McCreary, 927 Newbern Road, had MATTER removed a mobile home from 919 Newbern Road in October, 1990. In November, 1991, the McCreary's applied for a building permit to replace the mobile home at 919 Newbern Road. The subject location is zoned B-1 (Business}. Article 5, Section 2, (Nonconforming Uses) states: "The removal and replacement of a nonconforming mobile home shall be permitted as a change of use ... if replacement is completed within 60 days of removal." Councilwoman Holston stated the McCreary's failed to replace the mobile home within 60 days, therefore, a building permit was denied. The Town Attorney had advised that the Board of Zoning Appeals does not have the authority to grant a special exception to allow the placement of individual single-wide mobile homes as a residential use within the Town. Mr. Terwilliger had prepared a suggested amendment to Section 2. The only change would be from 60 days to 24 months. Another suggested change was to Section 5. The wording had the two year nonconforming use language applying only to residential districts. The State Cade also allows it to be any district. Mr. Terwilliger felt it should be same throughout any district, whether business or residential. CHANGES TO These amendments to the Zoning Ordinance were referred to the ZONING Planning Commission for their review and setting of public hearing ORD. separately or with the Town Council on motion made by Chairwoman REFERRED Holston, seconded by Councilman Neblett and carried. TO PLANNING Mr. Terwilliger clarified that should a mobile home be burned down COMM. or was over 50°s destroyed, by leaving the language and the rest of this article the same, the mobile home would be treated just like any stick- built home. It could not be rebuilt or replaced at that time, the same as any other nonconforming use. ^ December 17, 1991 9041 MAYOR'S REPORT Mayor Hancock, on behalf of the Council, extended best wishes for a Merry Christmas and Happy New Year to all of the Town citizens and the Town employees. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT ACCOMPLISH- Mr. Holycross shared with the Town Council and the public MENTS accomplishments of the Council and Staff. These accomplishments are attached to permanent file copy of the minutes of this meeting. Mr. Holycross reported that we had the auditor's report in and gave the fund balances, June 1991 as follows: FINANCES A c t u a l General Fund Balances - 6/91 $216,653 Water Fund Balances - 6/91 $149,517 Sewer Fund Balances - 6/91 $ 91,113 Combined Fund Balances - 6/61 $457,283 Mr. Holycross advised that the Town Offices would be closed on December 24 and 25 in observance of Christmas and also on New Year's Day. Mr. Holycross also extended a warm holiday message to all the citizens and Council and hoped they had a very, very Merry Christmas and a Prosperous New Year. Mr. Holycross reported that a gentleman from Blacksburg had contacted us expressing an interest in seeing if we could establish a sister city relationship with a city in Poland because Count Pulaski was of Polish descent. A staff member at the Sister City's program, who is SISTER also of Polish descent, will be making a trip to Poland. She will visit CITY Warka which is the home town and birthplace of Count Pulaski. Mayor Hancock will write a letter expressing our interest and information about the Town will be sent also. Hopefully, a relationship can be established. Warka is located 30-40 miles south of Warsaw. Mr. Holycross also reported that the membership campaign for the Main Street Program has now generated a little over $1,600. This has PMI been contributed through membership renewals. The Town will match the funds contributed. Mayor Hancock reported that a member of his law firm was involved in the matter of taxicab permits and also the first public hearing regarding the Altoona Street closing. Mayor Hancock had no personal involvement nor did he participate in the discussion of these two matters. At 7:59 p.m. Councilman Neblett made a motion that Council adjourn, seconded by Councilwoman Copenhaver and carried. APPROVED: ~2a~' C~ Attest: Mayor Clerk of Council