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HomeMy WebLinkAbout01-06-98January 6, 1998 Minutes of the regular meeting of the Pulaski Town Council held January 6, 1998, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston, presiding Council Members: James M. Neblett, Lane R. Penn, Bettye H. Steger, Charles W. Stewart. Joseph L. Weddle, Pauline G. Mitchell Gerald E. Bolen Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Pendergrast, Clerk Visitors: J. R. Shrader and Paul Dellinger, News Media Freda O'Neal Dave Hart Eddie Sutphin J. B. Warner Nellie Warner Lincoln P. Baugh J. D. Newman W . Tolbert Mozelle Grubb Ralph D. Grubb David East Claude Yelton Gerald Burrus W . R. Broadwell Gilmer Newman Bill Dalton John Rupe Bonnie Bowen Tom Bowen Jackie Fleenar John M. Freeman 3 other visitors The meeting was called to order by Mayor Johnston. Councilwoman Mitchell led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Councilman Stewart made a motion to adopt certification resolution covering Exeuctive Session held before Council meeting, under 2.1-344 (A7), consult with legal counsel, contract negotiations/Regional Commerce Park and 2.1-344 (A3) Acquisition of Land for Public Purpose seconded by Councilman Penn and carried on the following recorded vote: Mr. Neblett -Aye Mr. Hale -Absent Mr. Penn -Aye Mr. Weddle -Aye Mrs. Steger -Aye Mrs. Mitchell -Abstain Mr. Stewart -Aye Mr. Bolen -Aye Following the roll call, Councilman Stewart requested that the agenda be modified under item # F, Planning Commission Report, to include #2, Report on Assessments for New River Valley Planning District Commission for next fiscal year and carried. Councilwoman Steger made a motion to approve minutes of the regular meeting of 12-2-97 and the special meeting of 12-17-97, seconded by Councilman Penn and so carried. Mayor Johnston advised that first on the agenda was the recognition of Recreation volunteers. Mr. Dave Hart, Director of Parks and Recreation, advised that he wanted to recognize eight individuals that have been an invaluable asset to the youth of our community, contributing over 200 years of service in over 418 programs and well over 30,000 hours of time to our youth. These volunteers received awards from the Town on December 8, 1997 and their names will be on an engraved plaque hung in the Municipal Building. The awards were divided into two categories, "Volunteer Service Awards: for volunteer coaches in youth sports and "Lifetime Youth Service Awards" for those who have contributed in many ways to youth programs and activities over the last several years in our community. 9755 1Zec. Dept. 9756 Public Hearing Rezoning January 6, 1998 Service Awards Mr. Eddie Sutphin introduced the volunteers and thanked them for their many years of service. Volunteer Don Breedlove 25 years of service 73 programs Lifetime Youth Service Awards Gerald Burrus David East John Freeman Doug Manuel John Rupe Joyce Bryant Michael Hickman 23 years of service 26 years of service 21 years of service 28 years of service 30 years of service 34 years of service 30 years of service 50 programs 50 programs 70 programs 90 programs 85 programs Teacher & Coach Teacher & Coach Administrator, Youth Sports Official and Program Supervisor Mayor Johnston expressed his appreciation to the volunteers for the time they have contributed to our youth and the Town. Mayor Johnston advised that next on the agenda was a public hearing for Case No. 97-80RZ, a rezoning request for Oakhurst Ave., Whitethorn St. and Heatherwood St. from R-2 to R-1. Mr Quesenberry advised that the Planning Commission held a public hearing on October 9, 1997 to discuss this request. After much discussion, Commission members decided more study was needed and voted to hold a work session on November 10, 1997.. After conducting the work session, a public hearing was conducted on December 8, 1997. The Commission was deadlocked and unable to arrive at a consensus. Case comes before Council without recommendation from Planning Commission. Mr. Quesenberry advised that the area has been classified R-2 since 1965, despite the residents belief that they were zoned R-1. Extensive research shows that the area was annexed into the Town, January 1, 1958 and was initially zoned R (Residential). At that time, the town used a simpler zoning classification system. On April 15, 1958, Council accepted a new zoning map drawn up for the annexation area. No copies of this map could be found showing the zoning of the area from April 1958 to November 1965. A map dated November 19, 1965 identified the Ruth Thompson Smith Subdivision as R-2. He stated that some additional confusion occurs because of the presence of a deed covenant binding all property owners in the Ruth Thompson Smith Subdivision. Petitioners claim this deed covenant has the effect of restricting development to single family homes. Mr. Quesenberry advised that an additional concern was the effect of rezoning on those properties not qualifying for R-1. If such a dwelling were destroyed or more than 50% damaged in value, the dwelling might not be allowed to be rebuilt. Council was told by Mr. Quesenberry, that the Planning District Commissioner had cautioned that rezoning an area with loose sections that did not conform to the new zoning, would pose the risk of weakening the entire zoning process. Granting special districts could have the same effect. Mr. J. B. Warner addressed Council advising them that at the time of purchase of this land, there was no R 1 or R2 zoning, just R, and that the residents were under the impression that the deed covenant would protect them from multi-family dwellings. He stated that they were unaware of zoning changes until a resident of the neighborhood began preparation of the basement of his home as an individual living unit and they began making inquiries. The residents are concerned with property values in their area. The residents want Council to rezone them R1 as they originally thought they were zoned. At 5:35 p.m., after extensive discussion between Council members and the public, Public hearing was closed. Councilman Penn made a motion to prepare an Ordinance approving Planning Commission Case Ordinance No. 97-80RZ, a rezoning request Oakhurst, Ave., Whitethorn St. and Heatherwood St. from R-2 97-80RZ to R-1, seconded by Councilman Stewart and carried on the following recorded vote: Mr. Neblett -Abstain Mr. Penn -Aye Mrs. Steger -Aye Mr. Stewart -Aye Mr. Hale -Absent Mr. Weddle - No Mrs. Mitchell -Aye Mr. Bolen -Aye From the public, Tom Bowen addressed Council regarding the status of a UDAG loan for his business at 80 West Main St. 0 2 January 6, 1998 Mr. Combiths apologized to Mr. Bowen for any inconvenience. He advised that the recent employee turn over in Economic Development had caused a back up in work, but advised that work should be completed by the next Council meeting. As there were no further comments from the public, Mayor Johnston called for Council Committee Reports. Chairman Neblett had no report. PUBL.iC OPERATIONS .OMMI 9757 Chairman Penn advised that Public Operations Committee met January 6, 1998. Committee Streets reviewed and approved standards for driveway entrance requirements as presented by the Director of Public Works. The standards are presented in an easily readable form for the public and are to be distributed with building permits when necessary. The committee also hearfl a request from the Chief of Police for a resolution sanctioning the restructuring of the New River Police Academy in accordance with changes in the Virginia statute. Chairman Penn also advised that committee approved a recommendation to Town Council to approve a six month trial period for the K-9 unit with the following specifications. a) A written PD contract with the dog owner with provisions to cover the Fair Labor Standards Act, Workman's K-9 Compensation, Veterinary bills, and the injury or loss of the dog. b) Written verification from our liability insurance carrier verifying the coverage over the use of the dog both on and off duty. c) Written policies and procedures which cover the care and feeding of the dog, the ongoing training of both the dog and the handler, the use of the dog for drug and tracking purposes and the use of the dog for apprehension purposes; and the use of controlled substances for tracking. Motion carried on the following recorded vote: James M. Neblett -Aye W. Edgar Hale -Absent Lane R. Penn -Aye Joseph L. Weddle -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye Gerald E. Bolen -Aye Chairman Penn advised that the committee approved a request by the Chief of Police for the solicitation of a free or reasonably priced police van for use as a tactical/training vehicle and a mobile command center should the need arise. Chairmwoman Steger had no report. Vice-Mayor Steger had no report from this committee. Chairman Stewart advised that on December 9th, the Committee held an executive session with legal counsel regarding contract negotiations involving baseball. Committee also discussed several issues in the report from Municipal Advisors and decided to retain the Filter Plant under Base the Engineering Department. He advised the Committee also discussed creating a Community Ball Development Department, but decided against such a move. On December 11, Committee met in Executive Session with legal counsel regarding contract negotiations involving baseball, further discussion of the MAI study for the Finance Department, ~±'~' the preparation of tax tickets with the County and the report's recommendation that human .~ ~ resource/payroll functions be transferred to the Town Manager's office. t PLANNING COMMISSION REPORT: ~. ~} ~. Councilman Stewart advised the Planning Commission met December 16, 1997 to continue a ~~ublic hearing on Planning Commission Case 97-85CU, a request for a conditional use permit eom Pulaski Furniture Corporation to use the Jefferson School as a storage facility. Baseball 3 9758 January 6, 1998 Commission members decided that no conditional use permit was required and that they could proceed under the standing ordinances. He advised that the agenda for the January 12 meeting was discussed and set up. This includes Rezone appointment of officers, initial hearing for case NO. 98-86RZ, a request from White L.L.C., 98-86 Robert Henegar Agent, and H. W. Huff, Jr., owner to rezone 2.477 acres at the intersection of Pleasant Hill Drive and Route 11, across from the hospital, from R-1 to R-2. He stated that there will be a report on downtown traffic and an update from Patrick Burton on the New River Valley Bikeway Plan. In addition, he stated that the New River Valley Planning District Commission passed a request Budget to approve a 57 cents per capita assessment for the 98-99 fiscal year and that this should be reflected in our Town budget for the fiscal year 98-99. Chairman Hale had no report. Chairwoman Mitchell advised that committee met on December 26, 1997 for a quarterly meeting, reviewing their budget, purchases and the status of the volunteers. Mayor Johnston had no report. TOWN ATTORNEY'S REPORT: Mr. Terwilliger reported that the purchase of the Rhudy property was closed on December 31, 1997. TOWN MANA 7ER'~ SPORT: Mr. Combiths reported that the review of the Organizational audit needs to be completed. Recreation, Police and Fire Departments are next on the list. Mr. Stewart asked that the next Finance Committee meeting be held Tuesday, January 13 at 6:00 p.m., to review this and requested that Thursday, January 15 at 6:00 p.m. be set aside in case of need. At 6:00 p.m., Council entered executive session under 2.1-344, (A3), Acquisition of property for public use, and use of public land, on motion made by Councilwoman Steger, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Absent Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye At 6:20 p.m. Council returned to regular session and adopted certification resolution on motion by Councilman Penn, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett -Aye Lane R. Penn -Aye Bettye H. Steger -Aye Charles W. Stewart -Aye W. Edgar Hale -Absent Joseph L. Weddle -Aye Pauline G. Mitchell -Aye Gerald E. Bolen -Aye At 6:21 p.m., Councilman Neblett made a motion that Council adjourn, seconded by Councilman Penn and carried. APPROVED: MAYOR Attest: i ,~ r'* f i 1~ 4