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HomeMy WebLinkAbout04-18-898522 April 18, 1989 Minutes of the regular meeting of the Pulaski Town Council held April 18, 1989, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Ira S. Crawford Planning Commission Members: A. W. Anneski, William T. Smith, Jr., W. H. (Rocky) Schrader, Jr., Roy D'Ardenne, Roy David Warburton, Joe Weddle, Andy McCready Also Present: Frank Terwilliger, Town Attorney Daniel E. McKeever, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey, Jessica Clarke, Betsey and and Bob Thomas of the news media Steve Vermillion, Vermillion Development Hiawatha Nicely, Magnox Dan Grubb Danny Talbert Maria Penn Charles Murray Allison Alan Groseclose Approx. 55 citizens The invocation was given by Councilman Neblett. On motion made by Councilman Neblett, seconded by Councilperson Holston and carried, the minutes of the regular meeting of April 4, 1989, were approved as recorded. Mayor Hancock advised that next on agenda was a public hearing to be held jointly with the Town Planning Commission to gather citizen comments concerning a request to rezone property from residential R-2 to Manufacturing M-2, property commonly known as Calfee School on West Main Street. PUBLIC HEARING REZONING As Mayor Hancock does work for Magnox, Inc., he disqualified himself from presiding and Vice Mayor Neighbors then presided over this portion of meeting. Mrs. Maria Penn questioned which side of road would be rezoned and also if the T. G. Howard Community Center area would be rezoned. Mr. Nicely advised that only the property that the school sits on April 18, 1989 8523 would be affected. At 7:07 p.m., the Planning Commission adjourned to another room to discuss their recommendation. At 7:14 p.m., the Planning Commission returned to Council meeting. They did not have a recommendation to give to Council on the rezoning application. Their recommendation will be submitted after their next meeting. REZONING The first registered speaker, Mr. Steve Vermillion, Vermillion SHOP. Development Corporation, made application for the rezoning for property CENTER located in the northeast corner of the intersection of Memorial Drive and Peppers Ferry Road, and consisting of 21 acres of which the majority is presently zoned R-0 with a small portion zoned R-1. They were requesting a rezoning to B-1 Conditional. 1 -, Mr. Vermillion stated he had recently purchased the full assets of the Corker Development Corp. He further proffered the same identical proffers that they did the last time as far as the center is concerned in terms of the construction and the improvements that would be made on the property. He proffered to leave the Allison home in place and stated perhaps it could be made into a restaurant, gift shop or antique shop. In discussing the survey of the property, he stated they had no intention of moving the fence line or doing anything that would affect the property. They would be more than happy to deed what portion now is on their side of the fence that Mr. Allison built. The retention areas were reviewed by Mr. Vermillion which they felt were more than adequate. Mr. Vermillion further stated that the traffic engineer was reviewing to see what type of traffic would be carried and what would need to be expanded. He also profeered 50's of cost of the traffic light at Memorial Drive and Rt. 11. On questions regarding drainage and the holding basins, Mr. Vermillion stated that plans would have to be submitted to the State for approval before anything was done. Mr. Vermillion stated that they have the same commitment from Wal- Mart and Food Lion for the location of their store in the shopping center. Mr. Dan Grubb, representing the "Concerned Citizens for Planned Progress" addressed Council, giving their goals as follows: A) Promote growth in Pulaski by assisting our leaders in finding suitable locations for industrial and commercial development that would be in the best interest of all citizens; B) Assure that the suggested locations are not in an area of historical value nor would create a negative environmental impact on residential areas; C) Be ever alert to any and all situations that may present themselves to promote Pulaski in a positive manner. Mr. Grubb stated we already have suitable locations in our community for commercial development, Rt. 99, Bob White Blvd, and Muff property on Rt. 11. The Memorial Drive site was not the best land as this is a residential neighborhood. In the future, there will not be any prime residential land located within the Town. He asked for Council's support, knowledge, and asked that they not make a rash decision. He further asked that they be a part of the decision making process. 8524 SHOP. CENTER CONT. SUIT AGNST. TOWN April 18, 1989 Mr. Dan Talbert, Chairman of this group, advised that a lot of problems came about in misunderstanding the Town ordinances and some laws governing our zoning. He questioned if Town Council could propose a rezoning request for the 19 acres (original proposal) and if so, how would this take place. Councilman W. H. Schrader advised that Town Council could rezone any property at any time but Council could not conditionally rezone any property at any time. Mr. Talbert further questioned does conditional zoning only apply when property owner or contract property owner applies for rezoning or does it apply to other times as well. Mr. Terwilliger stated that u er the state enabling legislation the conditional zoning can apply to a of the three methods where rezoning can occur. By action of Council r recommendation from the Planning Commission, or from petition by property owner or contract purchases. The enabling legislation allows that Town Council to use conditional zoning in any of the three. Town ordinance only restricts the conditional zoning to the petition of a property owner. He had given opinion to the Council unless they want an action to be subject to a challenge, the safest interpretation of the code section of our Town ordinance is that the conditional zoning would only be applicable to the rezoning initiated by a petition. Mr. Talbert's questions were answered by Mr. Terwilliger. They pertained to rezoning request within a one year period and site plan being a part of proffer. Councilman W. H. Schrader stated that a suit had been filed against the Town for our denial of the zoning on the Allison property. He felt that Council was proper in what they did, the suit is without merit and they were within their authority to do so. He was not in favor of commercial development of Memorial Drive. He felt that our land use plan was sufficient, land is available in other areas for commercial development and that the Town's implied residential neighborhoods should be observed. He was speaking to Memorial Drive but also felt the same regarding any neighborhood in Pulaski. He stated he was a realist. He felt that a commercial development on Memorial Drive on property own by the Allison Estate is no longer a yes or no questions, but it is either or proposition. He felt that the Council would approve the rezoning of the land with this new proposal and it would directly impact the neighborhood the least on the opposite side of Memorial Drive. The zoning change would change from R-1 residential to B-1 commercial where the original zoning change was from R-0 residential office to B-1 commercial, a much lesser change. A major concern he had with the original zoning request and one that has been voiced by other members of Council is the Memorial Drive drainage system and if it can handle the rain water runoff with a development of this magnitude. He asked that if the means could be found to reconsider the original rezoning proposal, and that before a vote be taken, that Council be provided with an engineering report from a firm designated by the Town and paid for by the developer to determine what specific action should be taken by the developer or future developers at this or other nearby contributing sites to relieve the threat of flooding homes and businesses that could be affected by the runoff of these sites.He felt that the Allison Estate might possibly declare a freeze on land that is now zoned R-0 and R-1 for several years in the future. He asked that the Town Manager and the April 18, 1989 8525 Town Attorney be authorized to negotiate with the developer and land owner to find a means in which the proposal can be brought back to the Council encompassing both sides of Memorial Drive so the entire area can grow in an orderly manner. The Council does have the authority, in a significant change in site plan, to vote before the one year has expired. Mr. Vermillion stated that he felt that Mr. Allison, in filing of lawsuit, did not mean any degrading to the Town of Pulaski, Council or the Planning Commission. They are trying to keep this an open issue, and they would fully cooperate. They looked forward to discussing Councilman Schrader's proposal with Council and the Planning Commission. Councilman Neblett so moved that the Vermillion Development proposal be referred to the Planning Commission, seconded by Councilman Neighbors and carried. In discussing this matter further, Councilman Graham objected to Town Manager and Town Attorney negotiating with developer and this language changed to discuss with developer. Mr. Terwilliger stated that the chief administrative official, the Town Manager, has an obligation to discuss the business of the Town with people, and whether he is to speak for the Council or not is a different matter. Councilman Neighbors made a motion that the Town Manager and Town Attorney be authorized to discuss the issues and bring back the options to Council. Motion seconded by Councilman W. H. Schrader and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Mayor Hancock had indicated that since we were going back to the old site, he would not vote. He has requested an up to date opinion which he has not received as yet. Councilman W. H. Schrader clarified that discussion could be of new site as well as original site as they could be tied together. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE WATER Chairman Neblett stated the committee had met on April 10, 1989. Mr. Spickard with Dewberry and Davis reviewed their report with the committee in terms of the proposed new tank on Rt. 11. 'It was indicated that it would improve the pressure problems that we are having with existing lines on Rt. 11. Due to an elevation difference between the County system and the Town system, it is not feasible to set the tank high enough to get water out to the county. They are proposing to construct a water booster pump station located adjacent to the Ridge Ave. tank which will pump water over to Rt. 11 and then up Rt. 11 to a new proposed tank. We will be able to abandon two pump stations currently in operation, Peppers Ferry Road pump station and Pleasant Hill pump station as they will be inadequate. The total of estimated project cost is $1,280,050. The construction cost estimate is $98fl,000. 8526 April 18, 1989 Approximately $600,000 is in the bond issue. The committee discussed WATER, CONT. the possible grant funding on this project. Chairman Neblett reported that the Engineering Department is currently ready to start the survey work. Dewberry and Davis is to prepare a report indicating how this project can be "phased in" over 2-3 years. The Utilities Committee then toured the raw water pump station that has recently been completed. PLANNING COMMISSION REPORT MURPHY Councilman W. H. Schrader reported that at their regular meeting of COND. USE April 10, 1989, they made their final recommendation to Council regarding the Murphy Conditional Use Application for a ten unit apartment complex on Craig Street. A motion was passed approving the development contingent upon the property owner surface treating all egress and ingress from the property to a paved, Town maintained roa As a part of their final report and recommendation, the Commission ld like to request that correction of the I/I problem at this location given top priority. They also requested that Craig Street be designated a one-way street from west to east. Mayor Hancock stated that Council has requested that a vote on this application be postponed so all Council Members can inspect the site. This matter will be put on agenda for next regular Council Meeting. RESIDENTIAL In other business, the Commission appointed two members, Joe Weddle ORDINANCE and Andy McCready (Chairman) to serve on and organize a committee which will redraft a historic zoning ordinance for the residential historic district. Citizens from the area will be invited to join this committee. Councilman Schrader also reported the Commission would meet April 24th at 7:00 p.m. for a work session on the Comprehensive Plan to discuss the transportation element. ORDINANCE COMMITTEE Chairman W. H. Schrader had no report. PUBLIC OPERATIONS COMMITTEE Chairman Graham reported that Committee had met April 10. An appointment will be set up with property owners affected by the side k project at Northwood School. He reported that the Police Dept. is working on junk problem on Altoona Street and that Public Works is working on the pothole complaints. A cost estimate for the guardrail on Magazine St. will be furnished STREETS to the Finance Committee. The Committee reviewed widening Valley Road and this process will be started. We will need slope easement and cost is estimated at $1,500. It is highway maintenance eligible. Chairman Graham advised that Committee reviewed the possible establishing of parking spaces near Pulaski Furniture, however, to create 14 new parking spaces would cost approximate $13,000 for curb and gutter. They are not recommending this be done. Chairman Graham stated that the trash situation in the Town was discussed. We hope to establish a better method of controlling it. Chairman Graham reported that committee reviewed alley repairs. April 18, 1989 8527 Town Manager is to obtain cost for surface treating the alley at the Rescue Squad. Mayor Hancock stated we do have ordinances that prevent property owners from letting trash blow across their properties and not being contained in covered containers. Our Building Inspector is trying to alert businesses that we will be enforcing this ordinance. FINANCE COMMITTEE BUDGET Chairman Crawford advised that the Finance Committee had met April 13, 1989, with most of Council in attendance. The primary purpose of meeting was to receive the 1989-90 Resource Allocation Plan or better known as the budget for the year. A budget work session was scheduled for April 20, 1989, at 7:00 a.m. DONATION Chairman Crawford stated the 4th of July Committee had requested an appropriation of $1,000 as a deposit for entertainment. They are also seeking sponsors. Chairman Crawford so moved that $1,000.00 be appropriated to Rccount No. 1101-503011 from General Fund Unappropriated Surplus and be approved for expenditure, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye N & S Chairman Crawford stated that the train station work is underway and the current contract calls for replacement of 18 rafters and after the contractor has gotten into the work, he discovered an additional 37 need to be replaced. Change order No. 1 totals $2,960.00. Chairman Crawford so moved that change order No. 1 in the amount of $2,960. to replace additional rafters at the Train Station be approved, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Chairman Crawford advised the Finance Committee was referred a guardrail request at the intersection of Mt. Olivet and Magazine St. The Depart- ment of Public Works advises there was a lack of a proper right of way, GUARD- that there was no history of accidents and that it does not qualify for RAIL state maintenance funds. It is estimated to cost $1,200. The Finance Committee agreed not to approve at this time but did ask that the Town Manager take a look throughout the Town and determine if and where we do need such guardrail replacements and if there are some, do them on a priority basis rather than just a random request. The Finance Committee reviewed a request to surface treat the alley ALLEY at the rear of the New River VAlley Squad at a cost of $400. This alley is used as the only entrance and exit for the rescue squad and committee felt the alley should be fixed. The county is making a service connection here and our work will not be done until the service connection is made, and Chairman Crawford made a motion that $400 be appropriated to Account #4102-507014 from General Fund Unappropriated 8528 I PEPPERS FERRY April 18, 1989 Surplus and be approved for expenditure, seconded by Councilperson Holston and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Chairman Crawford stated we had a request for doing sidewalk work on 3rd Street that would generate an additional 14 places at a cost of $13,194.44 and it was the recommendation of the committee that this project not be undertaken at this time. Chairman Crawford stated that a report was given by Mayor Hancock on his appearance at the Pre-Allocation Hearing in Salem to request funds for four-laning Bob White Blvd. Councilman Crawford gave a Peppers Ferry Report, stating that k had been done on the three pumps, however, #3 pump did not pass the vibration test. Peppers Ferry has already proceeded with having the shaft removed and sent back for rebalancing. The Engineers have advised they do not feel there will be a problem once it has been rebalanced and put back into place. The other two pumps are running smoothly. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT ~ RESOLUTION Councilman W. H. Schrader so moved that reading of the resolut be waived, seconded by Councilman Neighbors and carried. Mr. McKeever advised a resolution was before Council acquiring the right of way as requested by the Virginia Department of Transportation. They have advertised a willingness to hold a public hearing for the Pinnacle Street Grade Crossing and Commerce Street Bridge construction projects. Following the advertisement the public hearing has expired with no requests for a public hearing. As there has been no request for a public hearing, the Department of Transportation requests the Town Council submit an adopted resolution authorizing them to begin obtaining the necessary right of way for the projects. Mayor Hancock's law firm does some work for the Department of Transportation and he has talked with Mr. Terwilliger on this. He did not know if they would have any involvement with this project but felt the record should reflect this. Councilman Neblett so moved that resolution be adopted, seconded by Councilman J. R. Schrader and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye RESOLUTION WHEREAS, a Notice of Willingness to hold a Public Hearing was issued on March 27, 1989, in the Town of Pulaski by the Commonwealth Transporta- April l8, 1989 8529 tion Board, after due and proper notice for the purpose of considering the Pinnacle Street Grade Crossing Project 6000-125-107, PE101 and the Commerce Street Bridge Replacement 6000-125-107, PE101 in the Town of Pulaski, and WHEREAS, there was no response from the general public to participate in said public hearing, and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council considered all such matters; now, therefore, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, in regular session assembled, April 18, 1989, that said Council requests the Virginia Department of Transportation to acquire all rights of way necessary for this project, conveying this right of way to the Town of Pulaski at the appropriate time. BE IT FURTHER RESOLVED that the Council of the Town of Pulaski requests the Virginia Department of Transportation to proceed expeditiously with the acquisition of the right of way needed for this project and that, upon completion of said right of way acquisition, the construction of the project to be scheduled for the Spring or Summer of 1990 or prior to that time if the acquisition of right of way has been completed. This resolution is effective upon adoption and is adopted thins 18th day of April, 1989. GRANT Mr. McKeever stated they were seeking authorization to apply to the Division of Historic Landmarks for another $7,000 grant. We are one of ten localities eligible for funding under the Division of Historic Landmarks as a certified local government. The grant will be used to hire consultant to survey residential area in the oldest part of Town, Commerce St. area and an area along Dora Highway. The survey would document the significant properties either existing or lost and could lead to nomination of that area to the National Register of Historic Places. The only cost to the Town would be in-kind cost of personnel. Application is due April 21st. Councilperson Copenhaver moved that authorization be given to apply for grant, seconded by Councilman Neblett, and carried. Mr. McKeever had distributed a summary of legislative issues that came from the 1989 session and which will be effective July 1, 1989. Also distributed was HB 1229 which notes significant changes in the Freedom of Information Act. After speaking with Town Attorney, it was felt that Council should meet and go over these significant changers so Council is fully aware of the new requirements. At 8:29 p.m. on motion made by Councilman Neblett, seconded by Councilman Neighbors and carried, Council adjourned. APPROVED: ATTEST: C1e k of Council v' .Mayor