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HomeMy WebLinkAbout12-17-969649 Deccanber 17, 1996 Minutes of the regular meeting of the Pulaski Town Council held December 17, 1996, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor Walter H. Schrader, Jr., presiding Council Members: John A. Johnston, Lane R. Penn, Bettye H. Steger, W. Edgar Hale, James M. Neblett, Pauline G. Mitchell, Charles W. Stewart Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths; flown Manager Robert J. Lyons, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: J. R. Schrader and Paul Dellinger, News Media Mr. and Mrs. Dick Lyons Susan Lyons and Matthew Christina Sutphin Beatrice Williams Mia Matthews Melvin Chrisley Lora Coltrane Torn Wright Mary Lee Duncan The meeting was called to order by Vice Mayor Schrader. Councilman Neblett led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following the roll call, Councilwoman Steger made a motion that the minutes of the regular meeting of December 3, 1996, be approved as submitted, seconded by Councilman Neblett and carried. Vice Mayor Schrader advised that Mayor Graham had an accident yesterday in that he missteped and broke a bone in his foot and he is unable to be with us. Vice Mayor Schrader wished everyone a happy holiday season on behalf of himself, the Mayor and Members of Town Council. Vice Mayor Schrader advised it was with mixed emotions that Council consider a Resolution Resolution honoring Robert J. Lyons, Assistant Town Manager, who is leaving employment with the Town to Honoring acct a position as Assistarn Town Manager, Murfreesboro, Tennessee. Mr. Lyons has been a Robert J. Lyons valuable asset to the Town. Council Members expressed regret that we are losing Rob and wished him and his family the best in their future endeavors. Vice Mayor Schrader read Resolution No. 96-34 Honoring Robert J. Lyons. Councilwoman Steger made a motion that Resolution No. 96-34 be adopted, seconded by Councilman Johnston and carried on the following recorded vote: John A. Johnston -Aye W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Mr. Lyons expressed appreciation to his family for their support and to the staff, Clerk of Council, Town Manager and Town Attorney. Mr. Lyons further stated he was very proud of the Town employees. Vice Mayor Schrader advised that two public hearings were scheduled for this meeting. First, a PUI~ IC ~~ request by Melvin D. and Rhonda Q. Chrisley, Tom's Drive In to rezone approximately one-half RIIJJNIlJG acre at 620 S. Washington Avenue, and secondly, a conditional use request by Melvin D. and ~~ Rhonda Q. Chrisley, Tom's Drive In to construct an additional dining room at the same location. Mr. Lyons reported that this property is currently zoned R-2 which does not allow a restaurarrt as a permitted or conditional use. Mr. Chrisley wants to expand his dining room and this will require a two-step process. The first item Mr. Chrisley is seeking is to rezone his property from R-2 to B-1. Decanter 17, 1996 The Planning Commission has reviewed this request and recommended approval of the rezoning. ffthe rezoning is approved, then the restaurant expansion, conditional use, is reviewed and notices sent to surrounding property owners for their comments. When the Planning Commission reviewed Mr. Chrisley's request they attached one condition and that was that no alcoholic beverages be served on the premises. The Planning Commission also recommended approval of the conditional use. From the public, there were no commerrts for or against the rezoning or conditional use request. At 7:12 p.m. Vice Mayor Schrader closed the public hearing. Councilman Neblett made a motion that Ordinance No. 96-37 Rezoning Approximately one-half acre at 620 S. Washington Avenue from R-2 (Residential) to B-1 (Business) be adopted, seconded by Councilman Penn and carried on the following recorded vote: ORDINANCE 96-37 ~Og~ John A. Johnston -Aye W. EdgarHale -Aye RII~NING Lane R. Penn -Aye James M. Neblett -Aye CHRISLEY Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye O~IN~, Councilman Penn made a motion that Ordinance No. 96-38 Approving A Conditional Use at 620 c~38 S. Washington Avenue to operate aDrive-In Restaurant and Expand Dining Room be adopted, ADOPTED seconded by Councilman Neblett and carried on the following recorded vote: OONDTTIONAL ~E - John A. Johnston -Aye W. Edgar Hale -Aye (~IRT~T ~' Lane R. Pane -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye From the public, Mary Lee Duncan addressed concerns as follows: large items around dumpster next to the jail; junk behind Blue and White Cabs not corrected; sidewalk at Pulaski Furniture not repaired correctly; lot behind Virginia Feed not cleaned up. It was brought to Council's attention where the brush has been cut at Newbern Road and Route 99, there is a problem in that as you come down the road, it is blocking the sight. Mr. Combiths advised that repair had been made on the sidewalk, however, this is also a drainage problem. Engineering has been talking with the property owner. Also, N & S will be contacted regarding clean up behind Virginia Feed Store. Vice Mayor Schrader advised that the problem of the dumpster would be brought to PSA's attention. There has been a problem with PSA picking up special runs. The building inspector did go out and look at the Blue & White Cab site. Blue and White Cabs are doing some work and storing materials on lot. Government students in attendance were introduced to Town Council. As there were no further comments from the public, Vice Mayor Schrader called for Council Committee reports: UTILITIES COMMITTEE: Chairman Johnston had no report. PUBLIC OPERATIONS CONIlVI[TTEE: Chairman Penn had no report. ORDINANCE CONIl~IlTTEE: Chairwoman Steger had no report, however, the committee hopes to have two ordinances ready in January. CRIlVIE CONTROL REPORT: 9650 2 9651 December 17, 1996 Councilwoman Steger reported that the Crime Corrtrol Committee met December 10. The policeman that was interviewed to be the special officer for the middle school and elementary schools declined the job, therefore, they will go back to the irrterviewing process. FINANCE CONIlVIlTTEE: Chairman Schrader advised that the Finance Committee met December 12, entering into executive session regarding a legal matter. Council Members met prior to the Council Meeting with Delegate Baker and Senator Trumbo where insight was given into the next meeting of the General Assembly and Council Members were able to exchange some ideas that they may take to Richmond in their deliberations in January and February. The Finance Committee met and discussed the fire pumper that was budgeted and this truck is now being procured. The committee recommended approval of the lease purchase agreement. Resolution No. 96-32 authorizing the Town Manager and Town Clerk to sign the Lease Purchase Agreement, subject to resolution warranty language, was adopted on motion made by Councilwoman Steger, seconded by Councilman Hale and carried on the following recorded vote: Resolution John A. Johnston -Aye W. Edgar Hale -Aye 96-32 Adopted ~`~~~~`~ Lane R. Penn -Aye James M. Neblett -Aye Agreement Bettye H. Steger -Aye Pauline G. Mitchell -Aye Fire P~unper W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Chairman Schrader reported that a request had been received from the Virginia Housing Development Authority for a resolution to approve a project they have in rehabilitating the Atrium Apartments. The Finance Committee did not take any action and to let things proceed as they are. Chairman Schrader reported that Council will be studying our policy as far as what is done by the Town employees, by our Public Works Department and what we contract out, to come up with a policy for this department to use. This will be discussed again in the future. Chairman Schrader advised the telecommunication system is to be installed. The phone system will be lease-purchased from Associates Commercial Leasing. The Finance Committee will also be looking at utility deposits and how the Finance Department is handling these. A public hearing will beheld January 7, 4:00 p.m. to consider request from Blue and White Cabs for a rate increase. HUMAN RESOURCES CO1~Il~IlTTEE: Chairman Hale so moved that Andrew L. Graham, Jr. be reappointed to the Peppers Ferry ~~ Regional Wastewater Treatmenrt Authority for a four year term; and further moved that Charles D. FERRY Stafford be appoirrted to the Architectural Review Board co-terminus with serving on the Planning ~ Commission. Motion seconded by Councilman Neblett and carried on the following recorded vote: Architectural John A. Johnston REVIEW BOARD -Aye W. Edgar Hale -Aye Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye pEpp~ ~y Chairman Hale advised that we will need to appoint alternates to Mayor Graham and Dr. Johnston AI,TF~ZNA'lliS on the Peppers Ferry Regional Wastewater Treatment Authority. A meeting will be scheduled in January to consider these appoirrtments. PLANNING COMMISSION REPORT: Councilman Stewart advised the Planning Commission had met on December 9 and considered a ~ request to subdivide by Mark Craig and Sandra Viers at 1623 Randolph Avenue to create three C~SSI0~1 lots from an existing single lot. This was rejected based on the criteria that the lots were not deep SUBDIVISION enough to meet the present ordinance, the 40 ft. right of way was not sufficient enough to meet the Denied 50 ft. state requirement for 50 ft. right of way. There was considerable dispute about the location and ownership of the 40 ft. right of way that allegedly exists. For these reasons, the request to subdivide was rejected. December 17, 1996 Councilman Stewart advised the Planning Commission also reviewed the requests by Melvin and Rhonda Chrisley regarding Tom's Drive In, which Council has already acted on. The iSIVE Comprehensive Plan was completed and a resolution was passed by the Planning Commission that p~ this be sent to Town Council. Council should be in receipt of this plan by the first week in January. At this time the Council will be expected to schedule public hearing on this. The Council can than take any one of three actions. The plan can be approved and adopted, amend and adopt or disapprove the plan within 90 days after certification by the Planning Commission. Councilman Stewart advised this important document is what the Town of Pulaski plans to do in the future. Vice Mayor Schrader expressed appreciation to the Planning Commission for their hard work on this plan. VICE MAYOR' S REPORT: Vice Mayor Schrader advised the Joirn Governmental Meeting would be hosted by the Town on January 30, 1997, 7:00 p.m. TOWN ATTORNEY' S REPORT: Mr. Terwilliger had no report. TOWN MANAGER' S REPORT: Mr. Combiths advised that Resolution No. 96-35 Asking the Assistance of Commonwealth of Virginia Senator Malfourd "Bo" Trumbo and Delegate Thomas G. Baker, Jr. in Seeking Support and Funding for the Pulaski Railway Station Museum Annex was before Council. Councilwoman Steger so moved that Resolution No. 96-35 be adopted, seconded by Councilman Penn and carried on the following recorded vote: ~ John A. Johnston -Aye W. Edgar Hale -Aye ~ ~~ Lane R. Penn -Aye James M. Neblett -Aye Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Before Council was Resolution No. 96-36 Asking the Assistance of Commonwealth of Virginia Senator Malfourd Trumbo and Delegate Thomas G. Baker, Jr. in Seeking Support and Funding for the Pulaski Arts Center that includes the Pulaski Theatre was before Council. Councilwoman Steger so moved that Resolution No. 96-36 be adopted, seconded by Councilman Penn and carried on the following recorded vote: ~~~ John A. Johnston 96-36 -Aye W. Edgar Hale -Aye ~~ Lane R. Penn -Aye James M. Neblett -Aye ~~ Bettye H. Steger -Aye Pauline G. Mitchell -Aye W. H. Schrader, Jr. -Aye Charles W. Stewart -Aye Mr. Combiths reported that the 1995-96 comprehensive report will be preserned to Council at the January 7th meeting. Mr. Combiths advised that the Town Manager's office will recruit for the position of Assistarn ~~ Town Manager. Vice Mayor Schrader suggested that Mr. Combiths get with Mr. Hale's committee and the decision made as to the level of this position we warn to start with. At 7:40 p.m. Council entered executive session under 2.1-344 AS Economic Developmern Matter, UDAG application; A3 Acquisition of Real Estate; A7 Consult with Legal Counsel, contract negotiations, baseball cornract and A7 Consult with Legal Counsel on UDAG Loan, George Penn, on motion made by Councilman Neblett, seconded by Councilwoman Steger and carried on the following recorded vote: John A. Johnston -Aye Lane R. Penn -Aye Bettye H. Steger -Aye W. H. Schrader, Jr. -Aye W. EdgarHale -Aye James M. Neblett -Aye Pauline G. Mitchell -Aye Charles W. Stewart -Aye 9652 4 9653 December 17, 1996 At 8:13 p.m. Council returned to regular session and adopted certification resolution on motion made by Councilman Stewart, seconded by Councilman Penn and carried on the following recorded vote: John A. Johnston Lane R. Penn Bettye H. Steger W. H. Schrader, Jr. At 8:14 p.m. Councilman N Penn and tamed. - Aye W. Edgar Hale - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye Charles W. Stewart eblett made a motion that Council adjourn, second APPROVID: - Aye - Aye - Aye - Aye ed by Councilman W. H. Schrader, Jr., ViceI_`lgyor Attest: Clerk of Council 1