Loading...
HomeMy WebLinkAbout05-02-84May 2, 1984 ~V1~ Minutes of the regular meeting of the Pulaski Town Council, held May 2, 1984, at 4:00 p.m, and a Joint Meeting of the Town Planning Commission, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, Presiding Councilmembers: John A. Johnston, Pauline G. Mitchell, James M. Neblett, C. E. Boyd, Jr., Andrew L. Graham, Jr., Glen K. Aust Absent: Ira S. Crawford, Alma H. Holston Planning Commission R. William Propst, Roy T. Rives, Dr. A. W. Anneski, Members Present: Ben C. Tate Also Present: D. E. McKeever, Town Manager Frank Terwilliger, Town Attorney Ruth A. Harrell, Clerk John J. Hawley, Town Engineer Gary Cutlip, Treasurer Visitors: Dee Lindsey and Eric Randall of the News Media Bob Lewis Patsy Whitaker Vicki Futrell Lincoln Baugh Tom McCarthy Whitt Romm Rod Layman Randolph Eley Mary Lou Copenhaver Jim Neighbors Nick Glenn 8 area citizens The invocation was given by Councilman Boyd. The minutes of the regular meeting of April 17, 1984 were approved as recorded. Mr. Whitt Romm, Attorney, representing F & B Developers, addressed Council with request to vacate plat, Macgill Woods ~k7. Mr. McKeever advised this request was to vacate Macgill Woods ~k7 and F & B Developers want to build a non-subsidized housing complex for middle income residents. It was Staff's recommendation that Council approve the vacation order. VACATE MACGILL Councilman Neblett so moved to vacate MacGill Woods ~k7, seconded by WOODS ~~7 Councilman Graham, and carried on the following recorded vote: John A. Johnston - Absent'^ Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Aye Glen K. Aust - Aye '^Dr. Johnston arrived at meeting at 4:15 p.m. JOINT PUBLIC Mayor Ratcliffe advised that as had been advertised in the local news- HEARING BETWEEN COUNCIL AND paper, this is the time and place the Town Council and The Town Planning PLANNING COMM. FOR HERCULES TO Commission will hold a joint public hearing on proposal from Residence, R-2, REZONE PROPERTY to Industrial M-1, a parcel of land owned by Hercules, Inc, that lies adjacent ~61,~ May 2, 1984 to Vine Street and the present property of Hercules, Inc, shown as Lots 2, 3, 4, 5, 6, 7, and 35 and 36 of Block 5 of the T. W. Kersey Subdivision. Mr. Tom McCarthy, Attorney representing Hercules, Inc., presented map illustrating lots they were requesting to be rezoned. He further stated Hercules desired to fence this area. In 1961 other Hercules property in this area was rezoned to Industrial. Current proposal to rezone these lots would make all of Hercules' property Industrial. Mr. Marvin Andrews, Mr. Thomas Trueheart, Mr. Richard L. Roseberry, and Miss Patsy Whitaker address Council and the Planning Commission opposing of this property. (Brief Synopsis attached~to file copy of permanent minutes of this meeting). Dr. Anneski, Chairman of the Planning Commission, advised that before they retired, there was one addition item to be discussed and this was Lincoln Baugh's request, Chaffin Steger Subdivision. Mayor Ratcliffe advised we had been requested to resubdivide 7 and 8 into lots 7A and 8A. Mr. Randolph Eley, attorney for area citizen in this area, asked the purpose of the public hearing because he raised the question whether or not under the ordinance, notice was given to attempt to change the subdivision map ordinance. He had not seen any notice. His client had received a letter stating if you are interested, come to the meeting. Mr. Terwilliger advised we had two questions here that are raised. One, the special exception to the subdivision ordinance, and two, the special exception to the zoning ordinance. He felt the subdivision ordinance should go to the Planning Commission alone first, and they will make a recommendation to Council. As for the special exception to the zoning is concerned, he felt this should go to the Board of Zoning Appeals, and the remedy for that is not an appeal to the Town Council, but rather a reassurer from the Circuit Court. Mr. McKeever advised there are no code provisions for a public hearing for this type of matter. When the Planning Commission reviewed the issue and because of Mr. Baugh's request that was denied by the Planning Commission and it was determined at that time there was some significant opposition in the community to the original request, the Planning Commission decided to call a public hearing and because they felt the issue might come before Council and because both the Planning Comission already had previously scheduled May 2 , 1984 ~V~J issue coming before the Council today, they decided that they could present publicly before the Planning Commission and before Council. Mr. Rod Layman, representing Mr. Lincoln Baugh, stated if there was an opportunity to be heard by the Planning Commission and then perhaps which- ever side is unsuccessful, that is, if they were unsuccessful in getting it approved or if we are successful, Mr. Eley or his clients wish to appeal, that the appellant body would be, in that sense, the Council. Mr. Layman stated they were concerned also whether it was appropriate to hear them both together. They would proceed, if the Planning Commission so desired. Mr,. Terwilliger advised there was a special statute on rezoning, which was the first matter we took today with Mr. McCarthy which allows for a joint public hearing. He was not aware of any special statute or ordinance that calls for a joint hearing on special exception to the ordinance. One deals with an actual change in an ordinance; the other is allowing someone exception to the ordinance without altering the ordinance at all. P1r. Terwilliger advised if they object to a joint hearing, they have a right to and both sides would have to waive any objection to a joint public hearing. Mr. McKeever advised the procedure we are required to do is, to notify adjoining property owners by letter that a possible resubdivision is being discussed by the Planning Commission. Because the Planning Commission had already planned a joint public hearing with Council, the Planning Commission voted that since they were going to be here, why not have a hearing (pros and cons) heard by the Planning Commission and by Council since they were going to be here anyway; and then they would vote and if there was going to be an objection to that vote by either side, they could bring it to Council. Mr. Eley advised this was the third time up on this matter and they re- quested an end to it, however, did not wish to waive any legal rights of his client. Dr. Anneski advised there was a little confusion; this was something dividing a lot which will have a variance in order to build a house upon and that was the purpose of this meeting. Mr. Propst stated that the procedure that they have asked for may be out of order, and Planning Commission should consider again before they brought it to Council. Mr. Hawley stated the first time Mr. Baugh appeared with the resub- division request, it was turned down by Planning Commission and then it went "7620 MR. BAUGH'S REQUEST TO RESUBDIVIDE May 2, 1984 to Council and Council upheld the Planning Commission's decision. Mr. Baugh has changed map again, increasing lot size, and we are considering a second resubdivision request. Councilman Johnston stated he felt this issue should be referred to the Planning Commission, with Councilman Aust stating we should take the suggestion of Toam Attorney and what he advises we should do, and Council and Planning Commission follow these instructions. At 5;00 p.m. the Town Planning Commission retired to their meeting room for consideration of these issues. Playor Ratcliffe advises Ms. Whitaker there would be no vote while she attended Planning Commission meeting. Councilman Boyd was excused to attend Planning Commission meeting. P4ayor Ratcliffe welcomed new councilmembers to meeting. As there were no further comments from the public, Mayor Ratcliffe called for Council Committee reports. PERSONNEL COMMITTEE RESOLUTION TO RE- Chairman Johnston read a resolution reappointing Messrs. E. C. Gibson APPOINT E. C. GIBBON & FRANK R. VASS and Frank R. TO INDUSTRIAL Vass to the Industrial Development Authority for a four-year DEV. AUTHORITY term, and so moved adoption of resolution as read, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Absent Glen K. Aust - Aye RESOLUTION WHEREAS, the Town Council of the Town of Pulaski, Virginia, did previously appoint E. C. Gibson and Frank R. Vass as members of the Industrial Development Authority of the Town of Pulaski, Virginia, to terms expiring on April 13, 1984, or until their successors are appointed and duly qualified; and, WHEREAS, said E. C. Gibson and said Frank R. Vass have served with distinction and are willing to continue to serve as members of said Authority; and, WHEREAS, while meeting in regular session on April 17, 1984, the said Town Council by recorded vote, did resolve to reappoint said members; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, meeting in regular session on May 2, 1984, that E. C. Gibson and Frank R. Vass be and they are here- by reappointed as members of the Industrial Development Authority of the Town of Pulaski, Virginia, for a term of four years from April 17, 1984, or until their successors are appointed and duly qualified. This resolution shall become effective upon adoption. Ir 1i ADOPTED this 2nd day of May 1984 by recorded vote of the Council. May 2, 1984 ~~~ POLLUTION AND SANITATION COMMITTEE Chairperson Mitchell had no report, however, stated she had a citizen complaint regarding cars running on his property around curve on Burgis Avenue. The gentleman is Mr. Lindville at 1226 on P4acgi1l St. She sug- gested we place posts around this curve and install slow signs. She re- quested Mr. McKeever handle this matter. Chairperson Mitchell also advised she had toured Town with Mr. Macy looking at burned houses. There are several houses that need to be re- moved and recommended that Mr. Macy be given leeway to go ahead and follow ordinance to get some of these houses torn down. Mr. McKeever advised that we were going to proceed through court to make sure our ordinance will be upheld by the court. Chairperson Mitchell requested these houses be torn down before present inspector leaves. Chairperson Mitchell advised the Finance Report was always late. Mr. McKeever stated these reports were always 30 days behind because we are on a manual system. This particular report was late as Finance people were working on the budget. Councilman Graham felt the Finance Department was doing a good job. Chairperson requested an Executive Session at the end of meeting on a personnel and legal matter. RECREATION COMMITTEE Chairman Neblett had no report. LAND AND BUILDING COMMITTEE Chairman Boyd in attendance at Planning Commission meeting. FINANCE COMMITTEE Chairman Graham had no report, however, requested an Executive Session of the Finance Committee and Council was invited to attend. Meeting to be held after Council meeting. STREET COMMITTEE Chairman Crawford absent. ORDINANCE COMMITTEE Chairperson Holston absent. PUBLIC SAFETY COMMITTEE Chairman Aust had no report from the Safety Committee, however, the Peddler's Committee had met and proposed ordinance is now under study by all three municipalities. Each member of Council has a copy of this pro- posed ordinance. ~~~ May 2, 1984 Chairman Aust also stated VML is conducting a seminar "How to Make the Council the Organization that Really Runs Things" on May 18. He requested he be allowed to attend in Richmond. Councilman Graham made a motion that Councilman Aust and one other be allowed to attend, seconded by Councilman Neblett. Councilman Johnston made a substitute motion that up to two Council- members, present or newly elected, be allowed to attend and money be ex- pended to attend this seminar, seconded by Councilman Neblett, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James t1. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Absent Glen K. Aust - Aye REPORT OF MAYOR Mayor Ratcliffe advised the entire Council had been invited to Jefferson School May 6, 1984, from 2:00 until 4:00 p.m. celebrating their 60th anniversary. Mayor Ratcliffe read a letter regarding the use of the Gazebo by the Recreation Commission. Mr. McKeever advised that the Town Manager's office scheduled the Gazebo activities. Councilman Graham stated that we were in receipt of a letter from Mason Vaughan, Jr., chairman of the Recreation Commission and they would appreciate input into the hiring of a new Director of Recreation. The Chair- man of the Recreation Commission will meet with the Personnel Committee for interviewing applicants before Council makes a final decision. REPORT OF TOWPd ATTORNEY ORDINANCE REGARDING Mr. Terwilliger presented and read an Ordinance regarding closing a CLOSING OF VINE ST. & PLANT ST. portion of Vine Street and all of Plant Street in the Town of Pulaski. Councilman Aust made a motion to adopt ordinance as presented, seconded by Councilman Neblett, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - No Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Absent Glen K. Aust - Aye AN ORDINANCE CLOSING A PORTION OF VINE STREET AND ALL OF PLANT STREET IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, Hercules, Incorporated, a Virginia Corporation, did appear by its attorney, Thomas J. McCarthy, Jr., before the Town Council of the Town of Pulaski meeting in regular session on March 20, 1984, and did announce its intention to apply for the closure of a portion of Vine Street and all of Plant Street as shown on the Official Map of the Town of Pulaski, Virginia, pursuant to Section 15.1-364, et, sue., of the 1950 Code of Virginia, as amended; and, 1 [1 May. 2, 1984 ~~~~ WHEREAS, the matter was continued for a public hearing on April 3, 1984, at the regular meeting of said Council; and, WHEREAS, on April 3, 1984, said Hercules, Incorporated did file a written application for the closure hereinafter described, after proper advertisement published twice with at least six (6) days elapsing between the first and second publication, in a news- paper published and having a general circulation in this munici- pality; and, WHEREAS, the application was considered and discussed in open session of said Council, and all the members of the public desiring to be heard were heard by the Council, after which the Council did vote to continue the matter to its next regular session on April 17, 1984, and to view the effected property in the interim; and, WHEREAS, the Town Council, after public notice, did view the property on April 9, 1984, and then, in regular session on April 17, 1984, again did consider the matter and hear the public, and by majority vote did vote in favor of the requested closure after finding that all property abutting the portions of streets to be closed was owned by Hercules, Incorporated, and after further finding that it is in the public interest to close such portions of streets, their upkeep and maintenance serving no useful public purpose; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, meeting in regular session on May 2, 1984, that it is in the public interest that the following public streets lying and being in the Town of Pulaski, Virginia, be closed, abandoned, and vacated, and that they be and hereby are CLOSED, ABANDONED, and VACATED, 1. All that certain portion of Vine Street lying between Lots 4, 5, 6, and 7 of the T. W. Kersey Subdivision, which lands are owned by Hercules, Incorporated, and other lands of Hercules, Incorporated; and, 2. All of Plant Street lying north of an unnamed thirty foot (30') street also known to area residents as Vine Street; Which CLOSED, ABANDONED, and VACATED streets are shown on a plat attached hereto and made a part hereof. This ORDINANCE shall become effective upon adoption. ADOPTED this 2nd day of May, 1984, by recorded vote of the Council. REPORT OF TOWN MANAGER Mr. McKeever advised there was a request for a 30' easement that would EASEMENT TO RE- cross Town property. This request first went to the Planning Commission SUBDIVIDE TWO LOTS ON with a request to subdivide two lots on Maury Avenue. The Planning Com- MAURY AVE. mission felt it best for Council to determine whether they wanted to grant the easement or not and then bring it back to the Planning Commission. Samuel and Francis Witt are requesting to subdivide their lot and deed a portion of that lot to Jerry Finn. To meet the subdivision requirements, Finn would need a 30' access to his property. The Town Engineering Office has reviewed this request and determined that the existing driveway to Witt property presently crosses the Town's lot. The proposed easement would cross the Town's lot on the South end. The Staff recommended the easement be granted but with the right to relocate the easement if it ever became necessary. ~~~ Y May 2, 1984 Councilman Neblett so moved that Council grant this easement with the Town reserving the right to relocate the easement if it ever became necessary, seconded by Councilman Aust, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye Pauline G. Mitchell - Aye Ira S. Crawford - Absent James M. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Absent Glen K. Aust - Aye PLANNING COMM. At 5:32 p.m. Dr. Anneski advised that a motion was made by Mr. Boyd APPROVES REZOPdING OF HERCULES that the Planning Commission approve the rezoning of Hercules property from PROPERTY FROM RES. R-2 to Residential R-2 to Industrial M-l. Motion was seconded by Mr. Propst. Vote IND. M-1 was unanimous with Mr. Rives abstaining from voting. Ms. Whitaker stated she felt there was a conflict of interest which would have to be looked into. Councilman Neblett moved that Council accept the Planning Commission's recommendation, seconded by Councilman Graham, and carried on the following recorded vote: John A. Johnston - Aye Andrew L. Graham, Jr. - Aye auline G. Mitchell - Aye Ira S. Crawford - Absent ' James M. Neblett - Aye Alma H. Holston - Absent C. E. Boyd, Jr. - Absent Glen K. Aust - Aye Mr. Terwilliger was requested to prepare an amendment to the zoning map. Ms. Whitaker requested copy of the minutes of this meeting when prepared. Mr. McKeever stated a television inspection was made of 676 feet of the SEWER LINE TVed Wurno sewer line from manhole No. 1 to manhole No. 4. A portion from manhole IN WURNO No. 1 to No. 2 was cast iron and showed no signs of disrepair or leakage. Manhole No. 2 has exhibited leakage during wet periods and should be repaired. Manhole No. 3 had no flow channel or pad but this is not causing any particular problem. The Town's line became cast iron 22 ft, north of manhole No. 4. The inspection reports only two minor problems which were poor horizontal alignment from manhole No. 2 to manhole No. 3 and this does not appear to be causing any particular problem and one crack near a joint 115 feet south of manhole Pdo. 2 there was no leakage visible at that particular time. Flow into manhole No. 1 from Long Airdox was observed to be heavier than expected and we still anticipate requesting to test their line. We are going to repair manhole No. 2 which has been causing problems and later we will contact Long Airdox and ask to smoke test their line. CITATION TO TOWN Mr. McKeever advised that the Town of Pulaski had received a citation FROM VA CITIZENS PLANNING ASSOC. from the Virginia Citizens Planning Association and the Virginia Chapter of FOR RENOVATION OF DOWNTOWN the American Planning Association for our successful efforts in renovating downtown. We were the only municipality to receive an award. May 2, 1984 ~~~ NEW 25-CIGARETTE Mr. McKeever stated a new 25 cigarette pack will be marketed in Virginia PACK TO BE MARKETED IN VA beginning July 1, 1984. As our current ordinance is written, it would charge a proportionately higher share of tax for 25 cigarette pack than for a 20 cigarette pack. A proposed ordinance that would address the 25 cigarette pack has been prepared and it was recommended this be referred to the Ordinance Committee for review. Further, Mr. McKeever advised the Ordinance Committee and Personnel Committee would be meeting on May 8, 1984 at 5:00 p.m. Councilman Johnston so moved this subject be referred to the Ordinance Committee, seconded by Councilman Neblett, and carried. Mr. McKeever advised that Council should schedule a public hearing to PUBLIC HEARING consider mobile home applications from Kenneth Meadows to place a mobile SCHEDULED FOR MOBILE HOME home at 1026 Garner Avenue; and from Mr. and Mrs. V. R. Harrell to place a APPLICATIONS FROM KENNETH mobile home on Lots 27 and 28 Pepper Street. The hearings should be scheduled MEADOWS & V. R. HARRELL for May 15, 1984 at 7:00 p.m. Councilman Johnston so moved the scheduling of these public hearings, seconded by Councilman Neblett, and carried. Mr. McKeever also stated we needed to schedule a public hearing for May 15, 1984 at 7:00 p.m. to hear the public in reference to initiating a federally funded project in the 100-year floodplain; the Urban Development PUBLIC HEARIidG Action Grant money will go to Pulaski Furniture for construction or purchase SCHEDULED FOR FEDERALLY FUNDEDof capital equipment that is located in the 100-year floodplain and it is a PROJECT IN 100- YEAR FLOOD requirement that because it is, the public needs to be heard concerning this PLAIN matter. Councilman Graham made a motion that this public hearing be held 14ay 15, 1984 at 7:00 p.m., seconded by Councilman tdeblett, and carried. 1984-85 BUDGETS Mr. McKeever distributed the proposed 1984-85 annual budget to Council DISTRIBUTED at this time. It was prepared within State guidelines. Councilman Graham recommended that Council have a Budget Work Session on Monday at 7:00 p.m. Councilperson Mitchell requested that department heads come in so Council can discuss with them their department on Budget. Mr. McKeever advised we have made some significant changes this year; we have reidentified a lot of the budgetary accounts; we have reduced a lot of the budgetary accounts; there is a proposed reorganization plan included and there is a proposed five year capital improvement plan included in the budget. He further advised if there were questions prior to Budget Session, to contact him. ~~GrV May 2 , 1984 Councilman Graham advised new councilmembers were invited to sit in on these Budget Sessions. Councilperson Mitchell moved that Council go into Executive Session in accordance with Section 2.1-344 of the Code of Virginia on a personnel matter and a legal matter, the legal matter being contract with another party and insurance, seconded by Councilman Neblett, and carried. At 5:53 p.m. Council went into Executive Session. At 6:09 p.m. Council returned to Regular Session. Mr. Terwilliger advised he had been advised by someone on the County Board and the County Board of Supervisors will probably vote on the sales tax general fund issue next Tuesday. At 6:11 p.m. Councilman Aust was excused from meeting. PLANNING COMM. Dr. Anneski, Chairman of the Planning Commission, announced that the DENIES LINCOLN BAUGH'S REQUEST Commission had made the decision not to permit Mr. Baugh to resubdivide TO RE SUBDIVIDE the lots as shown on the revised map of March 10, 1984, and that the decision of Council stands. P4r. Boyd advised it still does not meet the Zoning Ordinance, that states 10,000 sq. ft.; it does not meet the 100 ft. side and it does not meet the 100 ft, back, and they voted to leave it just like it was and the request be denied. At 6:17 p.m. Councilman Neblet made a motion to adjourn, seconded by Councilperson Mitchell, and carried. APPROVED Mayor ATTEST Clerk of Council [1 i~~ L~