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HomeMy WebLinkAbout08-15-95August 15, 1995 Mmutes of the regular meeting of the Pulaski Town Council held August 15,1995, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were preserrt: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, John W. Stone, Bettye H. Steger, W. H. Schrader, Jr., Roy H. D'Ardenne, Jr., W. Edgar Hale, Alma H. Holston, E. G. Black, 7r. Also Presenrt: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert 7. Lyons, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Ann Lindsey and Paul Dellinger, News Media Pauline Mitchell Rev. and Mrs. W. L. Covey, Jr. Max Beyer The meeting was called to order by Mayor Graham. Vice Mayor Schrader led the Pledge of Allegiance and Councilman Stone gave the Invocation. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of August 1, 1995, be approved as submitted, seconded by Councilman Black and carried. PUBLIC Mayor Graham advised that first on the agenda was a public hearing regarding a request by HEARING Beijing Restaurant, King Chan, owner, for a conditional use to operate a dance hall at Beijing O~ID'L t1SE Restauranrt at 307 5th Street. BEIJIlQG Mr. Combiths reported that on Monday, August 14, the Planning Commission considered and tabled Case No. 95-59CU. Mr. Lyons stated that this property is zoned B-2 and the applicant warrts to put a 15 ft. by 15 ft. dance floor that requires a conditional use permit. The staff report provided the Planning Commission and Council a list of some violations that had occurred on this property; trash and debris violations, some building code violations regarding fire exits and emergency lighting. The Planning Commission tabled their recommendation urrtil those items either came into compliance and if they did not, they were going to meet no later than October to make their recommendation. It was pointed out to the Planning Commission that these violations would be addressed by the Town regardless and independenrt of Council's decision on the conditional use permit. The property has to come into compliance, or the Town will take the necessary action. The Building Inspector has indicated that the building violations have already been addressed and staff will follow up on this with a reinspection. Mr. Lyons also reported that citizen comments had been received opposing this conditional use request. Some concerns regarded parking. The dance hall is considered an accessory use by the zoning code. Therefore, no additional parking requirements were placed on this location by having a dance hall and, therefore, they are grandfathered provision for parking spaces. Mr. Lyons advised that the music for the dancing will come from an existing juke box. Noise could be governed by the Town's noise ordinance. ACTION AI~N Mayor Graham stated that Town Council would not take action on this request until recommendation was received from the Planning Commission. No comments were received from the public for or against this conditional use request, and public hearing closed at 7:05 p.m. In hearing comments from the public, Mrs. Pauline Mitchell, 600 Prospect Avenue, addressed Town Council with several concerns, the first being the recent gag law put in by Council whereby Town depa ~ ~ ~ ~ ' ~mployees were prevented from coming before Council. Mayor Graham resorted th:~ ~.e can came before the Town Council; we do not have a gag law. Mrs. Mitchell 9611 9612 August 15, 1995 FIRE also expressed concern regarding the elimination of the Fire Parade by the Fire Department due to PARADE lack of funds, but the Town could give Main Street $180,000 and the Train Station $10,000. The ~' ~ elderly could care less about these two items. Concern was expressed by Mrs. Mitchell about the ~' ~L cellular phones being used by Town employees. Officials make personal calls on phones. Mr. Combiths is to report on the use of cellular phones. Also, one business on Main Street had closed for remodeling but was now pernianerrtly closed. Mrs. Mitchell requested the status and copy of the UDAG loan on this business. She also stated antique stores and restaurarrts were closed on Sundays on Main Street and visitors were disappointed after making long trips. Mr. Combiths is currently working on the issue of the Fire Parade. RD~iJFSI' 'IO Rev. Covey, 1979 Peakland Drive, addressed Town Council with the request that Peakland Drive IINPROVE be improved. Mr. Combiths is to look into this request. PEAK[~AND DR. Mayor Graham than called for Council Committee Reports. UTILITIES CONIl~IlTTEE Chairman Johnston reported that the Utilities Committce met August 4, in executive session regarding a legal matter on a wastewater permit. Also, proposed amendmerrts to the Peppers Ferry User Agreement will be discussed during the Ordinance Committee report. FINANCE COMMITTEE Chairman Schrader advised that the Finance Committee had met prior to the Council Meeting, TAXES entering executive session to consult with legal counsel regarding a delinquent tax collection, on a specifically named individual. The Finance Committee discussed a comprehensive tax collection effort, with Mr. Beyer going over an outline with planned enforcement procedures for tax compliance within the Town. The Finance Committee discussed an Ordinance regarding electronic transfers and the authority to sign checks. After this ordinance is reviewed with the Town Attorney, it will be brought back to Council for their adoption. Information was distributed regarding the tobacco stamp transition procedures with inventory sheets, etc. Mr. Beyer has made efforts on two occasions to meet with persons involved in this with attendance being poor. A third meeting is being scheduled. Chairman Schrader suggested the news media meet with Mr. Beyer on this matter. PLANNING COMMISSION REPORT Councilman D'Ardenne reported that the Planning Commission had met August 14, discussing BI~TIlQG three issues. The first item was Case No. 95-59CU, heard earlier by Council regarding the Beijing RESTAURANT conditional use request. Councilman D'Ardenne stated that the Planning Commission tabled action on this request until the violations, trash and building code, are corrected or no later than October 10, 1995. Councilman D'Ardenne stated that the Planning Commission discussed the review of the Comprehensive Plan. State statute does require that Towns review its comprehensive plan every IIIJSIVE five years. Staff has given the Planning Commission some information. The Planning Commission PLAN will be reviewing this documerrt as part of its September 11 meeting in preparing for discussion as to whether it will simply be an update, or a comprehensive rewrite or somewhere in between. The Planning Commission also requested a joirrt meeting with Town Council to discuss Council's goals for the comprehensive plan review. Staff will schedule this joint meeting prior to the September 11 Planning Commission meeting. The Planning Commission discussed the zoning of all areas of the Town, including the Draper Mountain Estates, as part of the comprehensive plan review. HUMAN RESOURCES REPORT Chairman D'Ardenne reported that the Human Resources Committee had met August 8, entering executive session on a personnel matter, to discuss a specifically named individual. The committee also met prior to the Council Meeting, entering into executive session to discuss a specifically D August 15, 1995 APPT. 'IC) named individual. The Human Resources recommended that Don Bowman be appointed as the ~, Town's representative on the County-Wide Recreation Committee. Motion carried on the C1t~M, following recorded vote: John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Aye E. G. Black, Jr. -Aye ~o r~~~ w r~c~rc pJ "~1 ~~~ Chairman D'Ardenne stated that a recommendation was made from Fornicit that the Advocacy ~~y Policy be rescinded at this point and that it be put back into committee for further study. Vice R>iSCIlVDID Mayor Schrader seconded this motion. Mr. Terwilliger advised that this issue had been hotly debated in the press as to whether it was a good policy or a bad policy. Mr. Terwilliger personally felt it was a good policy, however, he felt Council should be aware that there is a suit going on in the western district of Virginia. It has recently had press coverage concerning a Franklin County School Board case and in reviewing the opinion that has been written on one of the judgments in this case, Mr. Terwilliger was concerned that the interpretation Judge Kiser is putting on some of the U.S. Supreme Court cases and other cases, if someone wants to challenge our policy, that the most recent decision in the school board case might make it a prolonged matter. It might cause the Town a great deal of expense, time and aggravation even if it were to eventually prevail. If it was challenged in federal court, it would be challenged in western Virginia. Mr. Terwilliger felt that the Town Council, at this time, should rescind its policy and put it back into committee, watch this case as it progresses, and make adaptations as they are necessary to our policy as the laws develop. Chairman D'Ardenne stated that our policy did arise due to the fact that we did have an incidart a number of months ago. At that point, it was recognized that we did not have a policy on the books. The policy was reviewed for approximately one and one-half months prior to adoption. The policy was also reviewed with Town employees. The situation, after policy adoption, has changed. Councilman Stone felt it was a real learning experience, and advised that in subsequent meetings of Human Resources, he would attend and he felt there were improvements that could be made to the policy. Motion carried on the following recorded vote: ~~~ John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye ~~ John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Aye E. G. Black, Jr. -Aye PUBLIC OPERATIONS COMNIITTEE Chairwoman Holston advised that administration is currerrtly reviewing the ordinance applying to drainage improvements with the Town Attorney. Individual complairrts are being evaluated to DRAINAGE deternune the Town's responsibility for correction. The drainage policy is being discussed with other localities and also financing options are being reviewed. Plans are to have a Public Operations Committee meeting next week. Also, we may have an alley closing request to review. The blowing of train whistle ordinance will also be reviewed with the committee. Councilwoman Holston gave an update of the Legislative Committee meeting of Virginia Municipal League that she attended in Richmond on August 2. ORDINANCE CONIlI~ITTEE 9613 Chairwoman Steger reported that the Ordinance Committee had met August 8. The covering of inoperable vehicles was discussed. The Chief of Police reported that over 113 junked vehicles have beat cited and that the vast majority of the owners have complied with the ordinance. Staff will 9614 August 15, 1995 continue to monitor this issue. Ordinance Committee did not recommend any ordinance change at this time on junked vehicles. ~~ The Ordinance Committee discussed animal control and this is handled by Pulaski County. The OONTROL Parks and Recreation Director has recently indicated a possible need to address "pets" at sporting events. Because of the safety of the children, the bring'mg of pets to sporting events may have to be discorrtinued. The Police Department can enforce the ordinance regarding barking dogs. Chairwoman Steger advised that Ordinance No. 95-27 Approval by the Town of Pulaski for F7~RY Amendments to the Pepper's Ferry Regional Wastewater Treatment Authority User Agreement ~' ~' Dated June 6, 1994 and Ordinance No. 95-28 Amending the Town of Pulaski Ordinance No. 94-6 95-27 to Establish Standards and Regulations for the Discharge of Wastewater and Pollutants into the and Town's Wastewater Collection System for Users of the System, to insure Compliance with the Town's Obligations to Peppers Ferry Regional Wastewater Treatment Rules and Regulations, to ORD. N0. Promote Compliance with Requirements of the Clean Water Act and Federal Pre-Treatmenrt 95-28 Regulations and Requirements imposed by the department of Environmental Quality-Virginia State Water Corrtrol Board, Provision for Enforcemerrt; Penalties for Violation were before Council. The Ordinance Committee recommended, and Chairwoman Steger so moved, seconded by Councilwoman Holston, that Ordinance No. 95-27 and Ordinance No. 95-28 be adopted. Motion carried on the following recorded vote: ORDINANGI~ John A. Johnston -Aye Roy H. D'Ardenne, Jr. -Aye ~~ John W. Stone -Aye W. Edgar Hale -Aye Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Aye E. G. Black, Jr. -Aye Chairwoman Steger reported that at its August 7 meeting, the Recreation Commission ~~,~~ recommended increasing the recreation fee from $10 to $15. Ordinance No. 95-26 Amending F7~ Participation Fees for Youth Sports Programs for the Town of Pulaski was before Council. The Ordinance Committee recommended, and Chairwoman Steger so moved, adoption of Ordinance No. 95-26. In discussing this ordinance, Councilman Stone stated that we are asking one of the most underpaid counties in the state to have a 50% increase in their sports activities. He felt this was outrageous. Councilman Hale stated that no child would be denied participation. There had not been an increase in fees in the last eight years. Mr. Combiths stated that Mr. Hart had communicated with the coaches regarding this increase in fees. Mr. Combiths felt they were holding off charging increased fee until Town Council took action on this ordinance. Councilman D'Ardenne stated that during budget preparation, money was budgeted to have the whole Recreation Department of the Town of Pulaski studied. Councilman D'Ardenne made a substitute motion that Council not take any action on this ordinance until we get a the results of this study back. Motion seconded by Vice Mayor Schrader. Vice Mayor Schrader was concerned with the effective date of this ordinance. Substitute motion carried on the following recorded vote: NO ACTION TAI~1 John A. Johnston -Aye Roy H. D' Ardenne, Jr. -Aye ORD. 95-26 John W. Stone -Aye W. Edgar Hale -No Bettye H. Steger -Aye Alma H. Holston -Aye W. H. Schrader, Jr. -Aye E. G. Black, Jr. -Aye Chairwoman Steger stated that the Ordinance Committee recommended that the Charter not be amended in regard to the size of Council and the Mayor's voting power. Chairwoman Steger advised that another Ordinance Committee meeting would beheld before the September Council meeting. MAYOR' S REPORT August 15, 1995 9615 p~ Mayor Graham requested that the Town Manager make a maintenance report on Peak Creek and ~.~ Sproules Run, status of permits for cleaning Peak Creek, and a report of entry-way signs into Town. Mr. Combiths stated that New River Valley Planning District Commission had been requested to review the Marine permit application with the State that is needed for the Town to get irrto Peak Creek for cleaning. A status report will be made on this permit at the next Council Meeting. spy Mayor Graham stated that the Human Resources Committee was asked to evaluate the use of Municipal space in the municipal building and Council have a work session. Mr. Combiths reported that the Building Director of Public Works was pulling the original plan of the municipal building and department heads have been asked to review their needs for additional space. It is hoped information will be available within 30 days for committee review. Mr. Combiths advised Council that the Director of Public works is reviewing the Town street sweeper, cost -contracting out versus a purchase. An update will be furnished Council at the next Council Meeting. IRATd~ Mayor Graham called a work session for Friday, August 18, 7:00 a.m. for Council to discuss the STATION train station master plan. Mayor Graham felt that a strong committee was needed, have a five year plan, and that this subject be put on agenda for next Council Meeting. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Combiths gave a projects update. Other items of interest: Staff will look at crosswalk at Post Office, parking spaces have been reserved at Senior Center for visitors; Human Resources Committee meeting scheduled for August 22, 7:00 p.m. to review several items; corrtinue work on redoing budget account numbers; contributions to be paid quarterly; staff looking into sewer and water bills in regard to people on fixed incomes. At 8:18 p.m. Council adjourned on motion made by Councilwoman Steger, seconded by Councilman D'Ardenne, and carried. APPROVID: Mayor Attest: ~~~ ~ _~~~ Clerk of Council i 9616 0