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HomeMy WebLinkAbout01-16-79662 Minutes of the regular meeting of the Pulaski Town Council held January 16, 1979 at 7:00 P. M. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: Andrew L.-Graham,,Jr., Blair B. Brockmeyer, Robert M. Wallace, John A. Johnston, C. E. Boyd, Jr., James M. Neblett, Jr., Arthur L. Meadows, William A. House Also present: H. R. Coake, Acting Town Manager Gladys R. Dalton, Clerk Garnett;S. Moore, Town Attorney Roger A. Williams, Town Treasurer Visitors: Jane,Graham, WPUV Radio Station Chas. Hite,,Roanoke Times & World News Dave Vascek, Southwest Times T. J. McCarthy, Jr., Attorney for Dublin Associates and William F. Randles, Vice-President of Dublin Associates Approximately 15 citizens The invocation was given by Councilman Neblett. The minutes of January 2, 1979 were approved as recorded. Mayor Ratcliff advised-that Council would hear the public PUBLIC HEARING at this time on the proposed amendment to the Town's Zoning Ordinance ON AMENDING ZONING ORD. to amend Section 12-3, Conditional Use Permits of Article XII, and RE: USE PERMITS re-enact as Section 12.1-3, Reservation, all of which would allow the Town Council the right to issue or grant special exceptions AND on Use Permits, set conditions for such exceptions Use and Permits. No one appeared either for or against said amendment, and H. R. Coake, Acting Town Manager, advised that the Town Planning Commission ADOPTION OF ORDINANCE held its public hearing on December 18, 1978, at which time there were RE: USE PERMITS three (3) citizens present and they suggested that a clause be added to the amendment requiring a public hearing be held when a proposed variance to the ordinance is presented to the Council to allow for citizen input. Mr. Coake stated it was the recommendation of the Planning Commission to Council that the proposed amendment to the zoning ordinance be approved on the condition that a clause be added requiring that a public hearing be held on all proposed wariances which would allow for citizens to voice their opinions on such variances. An ordinance prepared by the Town Attorney carrying out the amendment to the Zoning Ordinance was read to Council. Town Attorney Moore advised that such a clause as had been recommended by the 63'6 3 January 16, 1979 Planning Commission (Claue b) could very well be added, carrying out the requirements for public hearings as set out in State Code 15-430 Title 15 Vol. 3A. Councilman Brookmeyer moved that the ordinance be adopted as read, and that Section B be incorporated in the Ordinance. Motion was seconded by Councilman Meadows, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. - Aye AN ORDINANCE TO AMEND SECTION 12-3, CONDITIONAL USE PERMITS OF ARTICLE XIII - SPECIAL PROVISIONS UNDER THE ZONING ORDINANCE OF THE TOWN OF PULASKI, VIRGINIA, AND TO RE-ENACT AS SECTION 12.1-3 - RESERVATION - RIGHT TO ISSUE OR GRANT SPECIAL EXCEPTIONS OR USE PERMITS - AMENDMENT TO SET CONDITIONS FOR SUCH EXCEPTIONS, USES AND PERMITS, AS AMENDED. TOWN ZONING gE IT ORDAINED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 16th day of January, 1979, that: ORDINANCE Sec. 12.1-3 Reservation for Town to issue or grant Special Exceptions or Use Permits - Establish suitable regulations and conditions for such exceptions and permits, both where uses are permitted _.~. and not permitted (A) Nothwithstanding any other provisions of this ordinance, the Town Council reserves unto itself the right to issue or grant special exceptions e~ use_p~rmits under this ordinance if it should find that the use would not adversely affect the health or safety of the person or persons who are residing or working in the neighborhood of the proposed use; or would not be detrimental to the public welfare or injuroius to property or improvements in the neighborhood; and would be in accord with the intent and purposes of the Zoning Ordinance of the Town of Pulaski. The Council, in granting exceptions or issuing use permits where same is not permitted in a Zone, may impose reasonable conditions. that: (a) Abate or restrict poise, smoke., dust, or other elements that may affect surrounding property; (b) Establish setback, side and front yard require- ments necessary for orderly expansion and to prevent traffic congestion; i (c) Provide for adequate parking and ingress and egress to public streets or roads; (d) Provide adjoining property with a buffer or shield from view of the proposed use if such use is considered to be detrimental to adjoining property; (e) Tend to prevent such use from changing the character and established pattern of development of the community. 6 3 ~ ~ January 16 , 1979 (B) Where premitted, the location of motels, commercial amusement parks, hospitals, airports, borrow pits, and sanitary fill method garbage and refuse sites, shall require a conditional use permit. These permits shall be subject to such conditions as the governing body deems necessary to carry out the intent of this ZONING ORD. ordinance. 12.1-3 (a) The above reservation by the government of the CONTINUED Town Shall in no way affect or alter the rights, powers and authority granted the Board of Zoning Appeals under Article XIII or under the general laws of the State of Virginia.- 12.1-4 Council, prior to granting a special exception or use permit, shall hold a Public Hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard on the issues., Notice of the Public Hearing shall be given as provided in Article XV of this Ordinance or as provided by the Code of Virginia, as amended, in Section 1,x.1-431. Applicants for exception or use permits shall pay to the Town all necessary costs of advertising, legal expenses, etc. This ordinance shall become effective January 16, 1979. Mayor Ratcliff stated that as had been advertised Council would hold its second public hearing on the Town of Pulaski's intention to PUBLIC HEARINsubmit a preapplication to the U. S. Department of Housing and Urban ON HUD GRANT Development for funds through the Community Development Block Grants i MT. OLIVET~ Program for construction of Mt. Olivet Water Distribution System; Veterans VETERANS HILL, & COOL SPGS.Hill Water Distribution System, and Cool Springs Water Distribution WATER DISTRIB. SYSTEMS System. Mr. Coake advised that three preapplications are being prepared f or extension of the Town's Water Distribution System: Mt. Oliver, Veterans Hill and Cool Springs, and each application is for $600,000, - this being the total amount of single purpose funds to be applied for by an applicant for Community Development Funds, and only one of the projects could be funded during this funding period. Mr. Coake stated that a copy of the Federal Register Community Development Block Grants eligible activities is in the Town Engineer's office and could be viewed by any interested citizen:,. Mr. Coake advised that previous activities funded in the Town of Pulaski are potable water lines, sanitary sewer lines, and rehabilitation of substandard housing, and that the progress of these projects can be viewed at the Town Engineer's office. Also,. that due to a limited amount of funds made available to HUD for Community Development Block Grants, there will be more preapplications submitted than can be funded. January 16 , 1979 6 ~~ Mr. Coake advised this was the second public hearing required under the statute - the Planning Commission having held its public hearing. Mr. Coake also handed out "citizens participation requirements" to those who ,wished a copy.- Attorney T. J. McCarthy, Jr., and William F. Randles, Vice- President of Dublin Associates, appeared before Council requesting a rate adjustment for Cable TV, as follows: Installation charged for a single TV outlet presently priced at $20.00 will increase to $25.00 DUBLIN ASSOC. Installation charge for add~.tional TV outlets presently priced REQUEST RATE at $7.50 to increase to $10.00 INCREASES & Monthly service charge for a single TV outlet presently priced REF. TO ORDINANCE at $7.00 per month will increase to $8.00 per month COMMITTEE Mr. Randles advised Council-that if the rate increases are DATE OFj UBLIC HEARING ~ET allowed, his Compcny would add channel 17 in Atlanta, and that Home Box Office service is a possibility in the coming months. Councilman House moved that the request of Dublin Associates be ref erred to the Ordinance Committee. Motion was seconded by Councilman Graham, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E.Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr .- Aye Councilman Neblett moved that Council hold a public hearing on the request of Dublin Associates for a rate adjustment, on February ;~ 6, 1979 at 4:00 P. M. Motion was seconded by Councilman Boyd, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr.- Aye Council heard a complaint from Mrs. James J. Hale, who lives on I MRS. HAL$~ Robinson Tract Raa.d, beyond the WBLB Radio Station, to the fact that R OB INS ON RD. REQ. ~ her cistern is dry and she has had to have water hauled to fill the WATER cistern. Mrs. Hale inquired as to the possilility of the Town extending its lines and servicing that area. Council also heard a request from citizens of Mt. Olivet Road section whose wells have gone dry and have had to resort to having MT . OLIV~ RESIDENTS water hauled in to them. These citizens and Mrs. Hale were interested in the REQUEST t~ TER AS WELLS I{ RE Town hauling water to their property, as they were having to get water from DRY another source and at an exorbitant price. 63~~ January 16, 1979 Councilman Brookmeyer moved that this request be referred to the Utilities Committee for evaluation and report to Council. Motion was seconded by Councilman Boyd, and carried on the following vote: Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr. - Aye Mayor Ratcliff called for Committee reports. Councilman Graham had no report. Councilman Brookmeyer had no report. However, Mr. Brookmeyer POLICING OF brought up the subject of policing of-the parking lots at the several PUBLIC SHOPPING CENTER LOTS Shopping Centers in the Town. Councilman Graham moved that this be REF . TO SAFETY COMM. ref erred to the Puhlic Safety Committee. Motion was seconded by Councilman Johnston, and carried. Councilman Brookmeyer moved that Council's first Tuesday meeting in each month be held at 7:00 P. M. instead of the usual Four O'clock CHANGE OF hour. Motion was seconded by Councilman Boyd. MEETING TIME There was much discussion relative to the necessity for this FROM AFTERNOONchange in time, as well as the fact this matter was not on the TO NIGHT agenda and must have a two-thirds vote of the Council to put it TO BE ON AGENDA FOR F EB . MEETING on the. immediate agenda for discussion. Councilman Brookmeyer withdrew his motion, and Councilman Boyd withdrew his second. Mr. Brookmeyer then moved that the matter of changing the hour for the meetings on the first Tuesday in each month be placed on the agenda for immediate discussion by Council. Motion was seconded by Councilman Boyd, and the following vote was taken: Andrew L. Graham, Jr. - Aye William A. House - No Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - No John A. Johnston - Aye James M. Neblett, Jr. - No Councilman Brookmeyer asked that the matter be placed on the agenda for the First Council meeting in February, 1979. Councilman Wallace reported that the Street Committee met and APPLETREE ST. considered the request for extending Appletree Street, and it was the EXT. NOT FEASIBLE recommendation of the Committee that this would not be feasible. Me. Wallace reported that since the resurfacing of Washington RE. MARKING Avenue, the street markings had not been replaced at the corner of Wash- ON STS . AT COR. WASH. ington Avenue and Main. He further stated that he had been approached AVE. & MAIN relative to a cross-walk across Washington Avenue for the Senior Center. 1 1 1 ~~~:36'7 January 16, 1979 Councilman Wallace advised that the Merchants along Main Street were dissatisfied with the two-hour parking situation at present MERCHANTS DISSATISFIED and asked that new signs be installed. After some discussion of this, WITH TWO-H(DUR PARKING & Councilman Wallace moved that it be referred to the Ordinance Committee REF . TO ~ ! ORDINANCE f or further study. Motion was seconded by Councilman Brockmeyer, and COMMITTEE the following vote was taken: Andrew L. Graham, Jr. - No William A. House - Aye Blair B. Brockmeyer - No C. E. Boyd, Jr. - No Robert M. Wallace - Aye Arthur L. Meadows - No John A. Johnston - No James M. Neblett, Jr.No Motion did not carry. .Councilman Johnston had no report. Councilman House moved that Council hold an executive session on a EXECUTIVE SESSION Tq ~E real estate and personnel matter at the close of its meeting. Motion HELD AT ENS! OF MEETING: was seconded by Councilman Neblett, and carried on the following vote: Andrew L. Graham, Jr. - Aye.. William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett, Jr- Aye Councilman Boyd stated he had no report from the Pollution & Sanitation Committee.: Mr. Boyd suggested that the Town contact the Board of Supervisors relative to joining with the Councy regarding the DOG CONTROL MATTER DISC. dog control matter. WITH CO. SUPERVISORS, Councilman Meadows advised that this has been discussed with the NO WORKABLE ' SOLUTION AS Board of Supervisors, and there did not seem to be any workable solution YET. to this situation. The County is providing the same service in the Town as to the County. ORDINANCE Councilman Meadows had no report from the Ordinance Committee, COMM. TO MEET but stated the Committee will meet. on the 23rd of January at 4:00 P. M. Councilman Meadows reported the Retirement Committee had met and RET. CO RECOMME~ it was the recommendation of the Committee that Employee Albert Burton ALBERT ~ TON BE ALLO D be allowed to retire under the Town's Disability Retirement Plan. TO RETI UNDER ~~SABILITY Councilman Neblett had no report. RET. PLAN Town Attorney Moore had no report. Acting Town Manager Coake advised that Wiley & Wilson expects to PHASE REPORT R. complete Phase I of the Facilities Study by February 1, 1979, which is a W & W ~' BE COML~ ETE detailed study of the high level phosphorous removal proposal. FEB . L5 3 6 B January 16, 1979 Mr. Coake reported that the Housing Authority has received bids on five (5) more houses to be rehabilitated by funds from the MAYOR AUTHORIZEDHousing Rehabilitation Project Community Development Block Grant TO SIGN CONTRA-No. B-77-DN-51-0122, and it was necessary for Council to authorize CT FOR REHAB. the signing of the contract with New River Valley Home Improvement HOUSING PROJECTS Company. Mr. Coake advised that this project is .100% Grant funded. Councilman Neblett moved that the Mayor be authorized to sign the contract with New River Valley Home Improvement Company. Motion was seconded by Councilman Johnston, and carried on the f ollow- ing vote: Andrew L. Graham; Jr. - Aye William A. House - Aye Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert,M. Wallac e - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M. Neblett,Jr. -Aye Councilman Johnston moved that the Administrative Staff study INSPECTOR FOR GRANT PROJECTS TO BE HIRID the prospect of securing an inspector for these Grant projects to include salary, etc. Motion was seconded by Councilman Graham, and carried on the following vote: Andrew L. Graham, Jr. - Aye Blair B.,Brockmeyer - Aye Robert,M. Wallace - Aye John A. Johnston - Aye William A. House - ASe C. E. Boyd, Jr. - Aye Arthur L. Meadows -Aye James M.Neblett, Jr, Aye Mr. Coake advised that two bids were received on the sewer line installation work funded by a 1978 Community Development Block Grant: CONTRACT AUTHOR. TO R~CXI~C}QX14 Prillaman & pace, Inc. for $49,783.94, and Old Dominion Contractors &X%BL~RXI(~C OLD DOMINION of Wytheville for $46,132.10. Mr. Coake recommended that the bid FOR HOUSING PROJECT of Old Dominion Contractors of Wytheville be accepted and that Mayor Ratcliff be authorized to sign the contract with them. Councilman Neblett so moved, seconded by Councilman Graham, and carried on the following vote: Andrew L. Graham, Jr. - A~ William A. House - Aye Blair B. Brookmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. -Aye Mr. Coake advised that the Southland Corporation has request- EASEMENT REQ . ed an easement for gasoline tanks that have been installed at the BY SOUTHLAND 7-Eleven Store on Route 99 (East Main Street). He advised that CORP. & 7-ELEVEN REF. TO ST. during the installation of t«e tanks the Contractor encountered COMMITTEE rock and relocated the tanks, and after the work was completed the Engineers found that they were encroaching on the street i 1 ~,. January 16, 1979 s~s~ right-of-way for Newbern Road. It was found that the tanks cannot be more than a few feet on the right-of-way and are sufficiently deep in ground to not cause any problem. Mr. Coake recommended that it be referred to the proper Committee. Councilman Boyd moved that the request for, an easement be ref erred to the Street Committee. Motion was seconded by Councilman Johnston, and carried .' Mr. Coake advised that a request had been received from Claremont Corporation that the Town join with them in the curb and gutter project REQ. OF on Well Street. Councilman Boyd recommended that it be ref erred to the CLAREMONT CORP. CURB Street Committee and motion was seconded by Councilman Johnston, and & GUTTER REF. T0, carried on the following vote: STREET '. I COMMITTF,E Andrew L. Graham, Jr. - Aye William A. House - Aye Blair B. Brockmeyer - Aye C. E. Boyd, Jr. - Aye Robert M. Wallace - Aye Arthur L. Meadows - Aye John A. Johnston - Aye James M.Neblett, Jr. -Aye At 9:15 P. M. Council went into executive session. At 9:48 Council returned to regular session, and Mayor Ratcliff ADJOiff1NMEinquired if there was further business to come before Council. There nt being none, Council adjourned at 9:49 P. M. on motion of Councilman Johnston, seconded by Councilman House, and carried. APPROVED: r` .~:,, ' ;, Mayor cliff ATTEST: C erk of Council 1