Loading...
HomeMy WebLinkAbout12-02-868142 December 2, 1986 Minutes of the regular meeting of the Pulaski Town Council held December 2, 1986, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Vice Mayor James R. Neighbors, presiding Councilmembers: John A. Johnston, Robert N. Glenn, Andrew L. Graham, James M. Neblett, W. H. Schrader, Ira S. Crawford, Mary Lou Copenhaver Also Present: Frank Terwilliger., Town Attorney D. E. McKeever, Town Manager Anne Burgess, Assistant to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey, Pierre Thomas, Bob Thomas, WRAD of th news media Ed Aust Rodney Phillips Roger Matherly Verlin Christley Rill Randles, Cablentertainment, Inc. Frank Nowaczek, Bachow & Elkin Communications Tom McCarthy 4 area citizens The invocation was given b y Councilman Neblett. The minutes of the regular meeting of November 18, 1986, were approved as submitted on motion made by Councilman Neblett, seconded by Councilman Glenn and carried. ANNUAL Vice Mayor Neighbors advis ed that as advertised, a public hearing would TAXICAB PUBLIC now be held on the issuance of taxicab certificates for the year 1987. HEARING Mr. Roger Matherly, Deluxe Cabs, Inc., addressed Council with the request to increase their certificates from two to three due to equipment backup an increase in their business and they are now a supplier of Medicaid services. Councilman Crawford moved that in accordance with Section 26-38 of the Town Code, the Town of Pulaski issue 19 certificates of operation of taxicabs CERTIFI- CATES for calendar year 1987, seconded by Councilman Schrader and carried. ISSUED Councilman Crawford moved that in accordance with Section 26-38 of the FOR 1987 Town Code, the Town of Pulaski issue certificates for operation of taxicabs to the following applicantes: Blue & White Cabs - 13 certificates Deluxe Cabs - 3 certificates Jim Dandy Cabs - 3 certificates Motion seconded by Councilman Glenn and carried. Mr. Bill Randles, Cablentertainment of Virginia, Inc. informed Council C_4BLE they had decided to sell their television properties and requested Council's TV consent to assign their franchise to Better Entertainment Cable-I. Mr. Frank Nowaczek, Chief Operating Officer of Barchow and Elkin Communications apologized to Council for not visiting with them sooner. Mr. Nowaczek stated that Marion, Galax and Dublin will also be joining their organization. They have a large staff to provide technical talent and marketing talent. They expect that picture quality will be improved due to different electronics and also additional channels to be added.He further stated they do expect an increase in fees in the future and that their company was financially sound. Councilperson Copenhaver questioned the extension of cable to the Case Knife Road area which Cablentertainment had previously advised in writing that they would install, and if this installation would take place prior to takeover. Mr. Randles stated if letter stated it would be done, then it would be installed. Mr. Tom McCarthy advised this was a 10 year franchise and distributed resolution approving the transfer. A brief meeting of attorneys, Cablentertainment December 2, 1986 8143 and Bachow and Elkin representatives resulted in resolution being changed to ordinance and incorporated language changes as suggested and read by Mr. Terwilliger. Councilman Glenn made a motion that Council adopt the ordinance as revised by Mr. Terwilliger effective this date, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye ORDINANCE ORDINANCE APPROVING THE TRANSFER, ASSIGNMENT, AND HYPOTHECATION OF THE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A COMMUNITY ANTENNA. TELEVISION SYSTEM IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, the Town of Pulaski, Virginia, has granted a non-exclusive franchise to operate and maintain a community antenna television system within the Town of Pulaski (the "system") which is now owned by Cable- ntertainment of Virginia, Inc. (hereinafter referred to as "Cablentertainment"); and WHEREAS, Cablentertainment has entered into an agreement to sell the assets to Better Entertainment Cable-I, L.P. or an affilicated corporation or partnership {hereinafter collectively referred to as "Better Entertainment Cable-I"); and WHEREAS, Better Entertainment Cable-I wishes to assign or hypothecate said franchise as security for financial purposes; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: Section 1. The Town Council hereby consents to the assignment and .transfer of the non-exclusive franchise for a community antenna television system now owned by Cablentertainment to Better Entertainment Cable-I. Upon such assignment and transfer, Better Entertainment Cable-I shall be bound by the terms of the franchise all of which are in full force and effect. Section 2. Better Entertainment Cable-I is hereby granted the right to transfer in trust, mortgage, pledge, hypothecate or grant a security indebtedness or obligation owned or which may be incurred by Better Entertainment Cable-I. The secured party or parties may exercise the rights of and shall be subject to the terms of the Franchise of Better Entertainment Cable-I in the event of default by Better Entertainment Cable-I in the performance of its indebtedness or obligations. Section 3. An executed copy of a document evidencing the transfer and assignment of .the said franchise and indicating of acceptance by Better Entertainment Cable-I shall be delivered to the town Council within ten (10) days following the date of such transfer and assignment. IN TESTIMONY WHEREOF, the Town Council of the Town of Pulaski, Virginia, does authorize and direct the execution of this Ordinance by the Vice Mayor of the Town of Pulaski, Virginia, and the affixing of the Seal of the Town hereto this 2nd day of December, 1986. As there .were no comments from the Public, Vice Mayor Neighbors called for Council Committee reports. UTILITIES COMMITTEE Chairman Johnston had no report. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairman Neblett had no report. PUBLIC OPERATIONS COMMITTEE Chairman Neighbors had no report. FINANCE COMMITTEE Chairman Crawford advised that committee had met. One item considered was the fire truck thax is being purchased from Northern Fire Equipment Co. 8144 December 2, 1986 FIRE TRUCK Total cost of truck is $45,000 and a $9,000 deposit has already been made. The County of Pulaski will pay one-half of the cost of this truck by adding $100 for each fire call to the County until their half is paid. Chairman Crawford moved that $36,000 be appropriated to Account No. 3201- 7005 Motor Vehicle and Equipment, Fire Department, from General Fund Unappropriated Surplus and approve same for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - dye ATTORNEY- Chairman Crawford advised a bill had been received from annexation attorney ANNEXATION and so moved that $6,445.78 previously appropriated to Revenue Sharing Account No. 106-3002, Professional Services, be approved for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye Andrew L. Graham - Aye James M. Neblett - Aye James R. Neighbors - Aye W. H. Schrader - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye Chairman Crawford advised that Council had previously agreed to have a TOWN CODE recodification done of our Code and $2,000 had been paid at time of authorization. Proofs have now been received and an additional $2,000 is needed. Chairman Crawford so moved that $2,000 previously appropriated to Revenue Sharing Account 106-3002, Professional Services, be approved for expenditure, seconded by Councilman Graham and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira. S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye RT. 11 Chairman Crawford stated that at the October 7th meeting, Council awarded SEWER LINE a contract to extend the Route 11 sewer line, and so moved that $46,600 be appropriated to Account No. 103-0072-50-7013-0002-70, Sewer Fund, Rt. 11 Sewer Extension, from Sewer Fund Unappropriated Surplus and approve for expenditure, seconded by Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - Aye Andrew L. Graham - Aye James M. Neblett - Aye James R. Neighbors - Aye W. H. Schrader - Aye Ira S. Crawford - Aye Mary Lou Copenhaver -Aye. A letter to be sent to residents in this area advising that completion will be made on grading, seeding and replacing driveways. Also to be included in letter is the charge for hook-up fee to the sewer. Chairman Crawford advised committee had discussed the $2.2 million dollar BOND expansion of our water treatment plant and bond issue to cover the Town's COUNSEL portion of funding. With a bond issue it is necessary that we have a bond - counsel. Chairman Crawford made a motion that Webster Day of Roanoke to be WATER our bond counsel and set legal fee at a maximum of $4,000. Motion seconded TREATMENT PLANT by Councilman Graham and carried on the following recorded vote: EXPANSION John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye W. H. Schrader - Aye Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye Chairman Crawford advised that Appalachian Regional Commission downgraded WTP our grant fund request for one-half million dollars and there is a good EXPANSION possibility we will not get the grant, however, present plans will not change. Chairman Crawford advised that committee had before them a request to PENALTY waive penalty on a water bill. It has been Council's policy that they do not grant waiver of penalty, therefore this item was referred back to Administration December 2, 1986 8145 to be handled. ORDIN_~1NCE COMMITTEE Chairperson Copenhaver stated the Ordinance Committee had met many times discussing an amendment to our Zoning Ordinance that would allow conditional zoning. A public hearing has been held and the Planning Commission recommended that Council approve the conditional zoning ordinance. Chairperson Copenhaver made a motion that the conditional zoning ordinance be adopted, effective December 2, 1986, seconded by Councilman Glenn and carried on the following recorded vote: CONDITIONAL `~ John A. Johnston - Aye James R. Neighbors - Aye ZONING Robert N. Glenn - Aye W. H. Schrader - Aye ADOPTED Andrew L. Graham - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver -Aye ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PULASKI TO INCLUDE CONDITIONAL ZONING AND AMENDMENT PROCEDURE BE IT ORDAINED by the Council of the Town of Pulaski that Article XV of the Zoning Ordinance for the Town of Pulaski is hereby amended to be in the form attached hereto. This Ordinance is effective upon adoption and is adopted this 2nd day of December, 1986. ARTICLE XV CHANGES AND ^"T'*'^"F~'T Article XV - Amendments of the Zoning Ordinance of the Town of Pulaski is hereby repealed and reenacted to read as follows: 15-1 Ini,t~ation of Change. The Totim Council may, from time to time, amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations herein establishedo Any such amendment may be initiated by resolution of the Town Council, or by motion of ;the Planning Commission, or by petition of the owner, contract purchaser with the owner's ~tritten consent, or the owners agent therefor, of the property which is the subject of the proposed zoning map amendment addressed to the Town Council, Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Planning Commission. 15-2 Report from Planning Commission. Before taking ary action or_ any proposed amendment, supplement, or change, the Town Council shall-submit the same to the Planning Commission for its recommendations and report. Failure of the Commission to report 90 days after the first meeting of the Planning Commission after the proposal has been referred to the Planning Commission shall be deemed approval, 15-3 Notice and Hearing. Tl-ie Planning Commission shall hold a public hearing thereon, before submitting its report to the Town Council. Notice of public hearings before the Commission shall be given by publishing the time, place, and nature of the hearing once a week for two successive weeks in a newspaper published or having general circulation in the Town, provided that such notice for both the Planning Commission and the Town Council may be published' con- currently+ The public hearing shall be held net less than six. nor more than twenty-one days after find publication. In addition, the Commission shall cause the date, time, place, and nature of'the hearing to be posted conspicuously on the property in accordance with the rules of the Commission and a certificate of posting shall contain reference to the place or places within the Town where the plans, ordinances, or amendments may be examined. Before approving any proposed change or amendment, the Town Council shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above. The Planning Commission and the Town Council may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held then public nottice as set forth above need be given only by the Town Council. If an advertised hearing is continued or deferred, notice shall be repeated for the new hearing. 8146 December 2, 1986 _ __ __ . When a proposed amendment involves a change' in the zoning classification of twenty-five or less parcels of land, then, in addition to the advertising as above required, written notice shall be giver. at least five days before the hearing to the owner or owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected; including those properties which lie in an adjoining jurisdiction. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Costs of any notice hereunder shall be charged to the applicant. When a proposed amendment of the zoning ordinance involves a change in the zoning map clas- sification of more than 25 but less than 500 parcels of land, then, i.n addition to the adver- tising as above required, written notice shall be given by the Planning Commission at lea five days before the hearing to the owner, owners, or their agent of each parcel of land involved. One notice sent by first class mail to the last known address of such owner as 15-1 shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement, provided that a representative of the Commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case, Nothing in this paragraph shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the Commission to give written notice to the owner, owners or their agent of any parcel involved. Whenever the notices required hereby are sent by an agency, department or division of the Town such notices may be sent by first class mail, provided, however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. 15-4 Withdrawal of Application. Applications for a change in zoning may be withdrawn from consideration before the first notice of a public hearing thereon has been published and fees refunded if no publication cost is incurred. Applications for a change in zoning which a withdrawn after first publication shall be considered as denied for the purpose of the on year limitation on reconsideration as provided in Section 15-7. 15-5 Action by the Town Council. If Town Council has not approved a proposed amendment with- in six months of the Planning Commission's recommendation, it shall be deemed denied. In determining what, if any, amendments to this Ordinance are to be adopted, the Town Council shall give due consideration to the proper relationship of such amendments to the entire Zoning Plan and integrity and validity of the zoning districts herein described, and to avoid isolated unplanned spot-zoning changes in the Zoning District Map. Any amendments adopted by the Town Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning plan and Ordinance; provide~~ however, that no land may be zoned to a more intensive use classifica- tion than was contaiiLed in the public notice without an additional public hearing after notice as required in Section above. In determining what, if any, amendments to the text of this Ordinance or the Zoning District Map are to be adopted, the Town Council shall recognize that a certain element of stability is desirable in land use controls and that all citizens have the right to be treated reason- ably; at the same time the Council recognizes in adopting this Ordinance that conditions and standards will change, and that no citizen, whether a general resident of the Town, a neighbor, or an affected property owner, has the right to indefinite continuation of any zoning reg- ulation or classification, and that any applicant as defined in Section 15-1 of this ordinance, may initiate a change which they believe will properly adjust the Zoning Ordinance and District Map to the Comprehensive Plan or changed conditions and standards. 15-6 Conditional Zoning 15-6-1 Purpose. Where competing and incompatible uses conflict, traditional zoning methods and procedures are sometimes inadequate. In such cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a zoning method as authorized under Sec. 15.1-491, Code of Virginia 1950, as amended, whereby a zoning classification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though said conditions may not be generally applicable to land similarly zoned. While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorize conditions limited to a particular individual or group, owner or operator, and the provisions of this section shall not be used for the purpose of discrim- ination in housing. It is the intention of this section that it be used strictly in com- pliance with the Comprehensive Plan of the Town of Pulaski. - _ _ i December 2, 1986 X147 __ _ 15-6-2 Proffer in Writing. As a part of a petition for rezoning or amendment of the z+~ning district map the owner or owners of the property involved may, prior to a public hearirt( before the Town Council, voluntarily proffer in writing such reasonable conditions, in addition to the regulations provided for the zoning district or districts as herein-set forth, as he deems appropriate for the particular case; provided that• (a) the rezoning itself mutt give rise fm~ tl~e need for the conditions; (b) such conditions shall have a reasonable relation to the rezoning; (c) such conditions shall not include a cask contribution to the Town; (d) such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in the subdivision ordinance; (e) such conditions shall not include payment for or construction of off-site improvements except those provided for in the subdivision ordinance; (f) no condition shall be proffered that is not related to the physical development or physical operation of the property; and (g) all such conditions shall be in conformity with the Comprehensive Plan. For the purpose of this Ordinance, proffrred conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or other demonstrative materials, Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the ocaner or owners of the subject property: "I (we) _ hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission." once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. 15-6-3 Reui.ew and Revision of Proffered Conditions. Additional conditions or modified Con- ditions may be proffered by the applicant during or subsequent to the public hearing before the Planning Commission, provided however .that after proffered conditions are signed and made available for public review and the public hearing before the Town Council has been advertised (whether or not jointly held with the Planning Commission) no change or modification to any condition shall be approved without a second advertised public hearing thereon. Should additional conditions be proffered by the applicant, which conditions were not .acted upon at the public hearing before the Planning Commission, or if the proffered co*~ditions are modified beyond the scope of any conditions considered at the public hearing before the Planning Commission, the application shall be the subject of a second public hearing before the Planning Commission and a hearing before the Town Council, which hearing may be either separately or jointly held. 15-6-4 Annotation of Zoning District Map. The zoning district map shall show by an appro- priate symbol on the map the existence of conditions attaching to the zoning on the map. he Administrator shall keep in his office and make available for public inspection a onditional Zoning Index. The Index shall provide ready access to the ordinance creating ondition~ in addition to the regulations provided for in a particular zoning district.', uch conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning district map, and such conditions shall be in addition to the specific regulations set forth in this Ordinance for the zoning district in question. 15-3 8148 ,December 2, 1986 15-6-5 Enforcement of Conditions. The Administrator shall be vested with all necessary authority on behalf of the Town Council to administer and enforce conditions attached to such rezoning or amendment to the zoning district map, including: (a) the ordering in writing of the remedy of any noncompliance with such conditions; (b) the bringing of legal action to insure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; aid (c) requiring a guarantee, satisfactory to the Town Council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Town Council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been compl d in whole or in part. Provided, further, that failure to meet all conditions shall consti e cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate. 15-6-6 Conformi~ of DeveloEment Plans. Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any Town official in the absence of said substantial conformity. For the purpose of this Section, substantial con- formity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant. 15-6-7 Change of Approved Conditions. Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered con- ditions, then an application shall be filed for an amendment. If the amendment concerns an approved site plan, such application shall include the submission requirements for a site plan set forth in Article XII, except that the Zoning Administrator may waive any submission re- quirement if such requirement is not necessary for an adequate review of the site plan amend- went application. Such amendment shall be the subject of public hearing in accordance with the. requirements for a new application. 15-6-8 Review of the Administrator's Decision. Any zoning applicant who is aggrieved b the decision of the Administrator pursuant to the provisions of Section 15-6-5 above may petition the Town Council for the review of the decision of the Administrator. 15-7 Reconsideration One Year Limitation. Whenever a petition requesting an amendment, supplement, or change has been denied by the Town Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial. 15-4 Mayor Hancock had no report. TOWN ATTORNEY'S REPORT 0 Mr. Terwilliger had no report. December 2, 1986 8149 TOWN MANAGER'S REPORT Mr. McKeever advised citizen complaints had been received regarding a recently installed stop sign on Burgis Avenue. Since the development of Laurel Wood apartments, when driving east on MacGill, you have a blind curve to turn left into Laurel Wood. The Engineering Department and the Police Department considered this to be an intersection and not a through street. Because it is considered as an intersection, it was felt that traffic had to be stopped at least two places to provide adequate safety through the intersection. Councilman Graham suggested this be handled administratively. At 4:43 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Graham and carried. APPROVED: Vice Mayor ATTEST: ,~~ ~ ~~ Clerk of Council 1