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HomeMy WebLinkAbout01-09-84January 9, 1984 ~~~~ Minutes of the Special meeting of the Pulaski Town Council held January 9, 1984, at 4:00 p.m. in the Council Chambers of the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Pauline G. Mitchell, James M. Neblett, Andrew L. Graham, Jr., Ira S. Crawford, Alma H. Holston, C. E. Boyd, Jr., Glen K. Aust. Also present: Garnett Moore, Town Attorney D. E. McKeever, Town Manager Ruth A. Harrell, Clerk Visitors:' J. R. Schrader, Dee Lindsey, Eric Randall of the news media Joe Shumate Paul Burnette John Hawley Vickie Futrell 4 area citizens The invocation was given by Councilman Aust. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned, duly elected members of the Council of the 1 Town of Pulaski, Virginia, hereby waive notice of a Special Meeting of said Council at 4:00 p.m., on the 9th day of January, 1984, for the purpose of considering the Flood Plain Ordinance, and any other business that may legally come before the Council. WITNESS our signatures this 9th d Mayor Ratcliffe welcome visitors and advised they would be given an opportunity to offer suggestions and recommendations. FLOOD Mayor Ratcliffe further advised this was a Special called Council Meeting PLAIN for the purpose of further consideration of an Ordinance dealing with the ORDINANCE Flood Plain in the corporates of the Town of Pulaski. Public hearing has DISCUSSED been held, however, testimony would be taken from the public. Mr., Joe Shumate suggested if Council felt it best to pass this Ordinance that they pass the Ordinance with a commitment that within two years they will take what steps are necessary to put the flood plain into the floodway. This will eliminate the problems which they see if Ordinance is passed as it is and ~~~;~ January 9, 1984 allow the Town to go forward in the Insurance Program to allow people to get insurance if they want it and also allow the Town to be eligible for any grants. He felt there was nothing more worthy that Council could do than to make the property in the Town such that it could be utilized to the fullest by the property owners. Mr. Shumate further stated that in studies in the past, there are basically two chokes; the major choke is the railroad bridge south of General Chemical property and the other is the Washington Avenue bridge which is too low. He further stated that if .channel was widened, not to exceed two feet, then the 100 year flood could be put right through and take floodway and floodplain out of Town. Mr. Shumate requested a commitment from the Town that over two years, take what steps are necessary to put into action the means of correcting this situation, he felt it would alleviate any problems that we might have in going into the Flood Program. He advised if we do get into the flood program, Council would remedy a lot of property downtown useless and also make it most expensive to further develop the downtown area. Councilperson Holston made a motion that the Town of Pulaski pursue every effort of putting the waters of Peak Creek within the creek channel and Council will commit to this effort within a two year period. This commitment will include engineering studies, creek channel improvements, and any other methods necessary to bring about desired results, seconded by Councilman Neblett. A lengthly discussion by Council followed this motion with Councilman Boyd stating he felt we should know what the cost would be; Councilman Graham stated we surely should continue to get the water back into the floodway but we should not obligate ourselves without a dollar figure and engineering studies are very expensive; Councilman Johnston stated he felt the two year time frame was a guideline. Mayor Ratcliffe advised it was his opinion this was a continuation of what we have already done. We have spent $100,000 on the creek channel in order to get the waters of the creek back into the channel. Paul Burnette, Spiers and Spiers Law Firm, representing H. W. Huff, Jr. and the Downtown East Group, advised that Virginia Supreme Court has stated that the purpose of zoning by a Council is two fold; 1) that it be related to the character of the district that it is to affect, and 2) zoning should be designed to serve the welfare of those who own and occupy land in those districts. If the result of a zoning decision would make land value- less, there could be repercussions in terms of compensation. In fact, Council would be condemning this land for public purpose. He asked Council to take into account that Council may, in effect, be spending money by their zoning decisions as well. Mr. Moore advised that zoning is something that is very dictatorial in a sense. Councilperson Holston stated downtown .merchants had requested that we protect them by passing this motion and we should let them know that we are going ahead. Mr. Moore suggested that motion should read that the Town of Pulaski pursue every effort of putting the waters of Peak Creek within the creek channel, and Council will commit itself to get this effort underway within a two year period. The commitment will impose upon the Town the responsibi- lity of including engineering studies, creek channel improvements, and any and all other necessary methods to bring about the desired results. January 9, 1984 ~~ ~~ Councilman Graham made a motion that Mr. Moore study this motion and it COMMITMENT- CREEK CHANNEL BACK WITHIN BOUNDARIES L, be put on agenda for next Council meeting. There was no second to this motion. Councilman Boyd made a substitute motion that the Town of Pulaski move forward within the next two years to put the creek channel back within its boundaries and pursue it in all ways possible with no dollar commitment at this time, seconded by Councilman Graham, and carried on the following recorded vote: John A. Johnston - Aye Pauline G. Mitchell -Aye James M. Neblett - Aye C. E. Boyd, Jr. - Aye Andrew L. Graham, Jr. - Aye Ira S. Crawford - Abstain Alma H. Holston - Aye Glen K. Aust - Abstain Councilman Crawford abstained as he is a member of Management of Pulaski Furniture Co. Councilman Aust abstained, as after talking with his attorney, he has as many as five members of the family that have quite a bit of property within this area and it would be best that he abstain from voting or even discussing it. Councilman Boyd made a motion that we adopt the Flood Plain Ordinance as FLOOD PLAIN ORDINANCE ADOPTED presented by Mr. Moore, seconded by Councilman Graham. Ordinance Committee Chairperson Holston stated the committee had met with only two committee members present. Three members of Council, Mayor Ratcliffe and Mr. McKeever were also present and this ordinance was reviewed, but she could not make a recommendation for passing or not passing this ordinance from the committee. Councilperson Mitchell stated that since we had committed ourselves to going ahead and trying to improve the floodplain within the next two years, she thought it would be a very good thing to go ahead and pass it. Councilman Graham stated he felt it was in the best interest of the Town to pass this ordinance. Councilman Boyd stated that by us not being in the flood insurance program, it is difficult, if not impossible, to sell property because you cannot get flood insurance. Councilman Boyd further stated he felt this ordinance was in the best interest of the community and we must move forward to get this program back on an ongoing basis. Councilperson Holston stated that after reading ordinance and Federal rules and regulations that we have to go by, she has been against this ordinance and she is still against it. She advised there are many citizens that cannot afford this insurance, and she did not think it was the best thing for all citizens in the floodplain and flood area. Councilman Boyd advised that if we did not pass this ordinance, we are denying people the right of buying the insurance to protect their property, along with the merchants in our downtown area. Councilman Boyd's motion carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell -Aye Ira S. Crawford - Abstain James M. Neblett - Aye Alma H. Holston - No C. E. Boyd, Jr. - Aye Glen K. Aust - Abstain Councilman Crawford abstained as he is a member of Management of Pulaski Furniture Co. Councilman Aust abstained as he has family members who have property within this area. Copy of Ordinance attached to these minutes. ~~~~ January 9, 1984 Mayor Ratcliffe advised that as a result of the resurvey, the 100 year flood level, i.e., to the sub-station on lower end of Main Street, there is a 20.4 inch lower level on the new map of 1983 as compared to the 1978 map. He further stated that Council was to be commended for their untiring efforts in order to try to get this survey made and was encouraged they were pursuing their efforts in trying to further reduce the level of the 100 year floodplain. Mayor Ratcliffe further stated he felt this would be beneficial to the community and we are. obligated to try to do everything we can for th'e people in all areas of the Town. At 5:01 p.m. Councilman Boyd moved to adjourn, seconded by Councilman Crawford, and carried. APPROVED: ` Mayor ATTEST: lKc~`'`''L tai Clerk of Council ~I