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HomeMy WebLinkAbout08-18-92August 18, 1992 9145 Minutes of the regular meeting of the Pulaski Town Council held August 18, 1992, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, Roy H. D'Ardenne, Andrew L. Graham, Elbert G. Black, Jr. Alma H. Holston, Robert N. Glenn Also Present: Don E. Holycross, Town Manager Robert Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media George Penn Howard C. Jenkins William Penn Robert H. Stewart The meeting was called to order by Mayor Hancock. [~ Councilman D'Ardenne led the Pledge of Allegiance with the Invocation being given by Councilman Graham. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of August 4, 1992, be approved as submitted, seconded by Councilman D'Ardenne, and carried. ~~[A~ICMayor Hancock advised that the first items on the agenda were two pu 1ic hearings; the first being a Conditional Use Request by George E. Penn to operate a jazz comedy club at 220 N. Washington Avenue. Mr. Lyons reported that Mr. Penn would like to establish a jazz/comedy club at 220 N. Washington Avenue and this request does require a conditional use. The property is a three-story building owned by Dr. Nathanial Tuck, adjacent to the Atrium Apartments and NationsBank. Mr. Penn has constructed a bar, lounge and stage, installed a sound system and placed tables and chairs. Mr. Penn will solicit members through a selective mailing and payment of $50 yearly dues. Hours of operation would be Thursday through Saturday, 9:00 p.m. to 1:00 a.m., and Sunday, 5:00 p.m. to 8:00 p.m. Mr. Penn also anticipates a cover charge and dress code. It is estimated a club capacity of 150 persons. Since the application was filed, Mr. Penn has indicated that he would like to open a restaurant and serve alcohol and he will need to meet all the alcohol and beverage control requirements. There is no on-site parking for this property, however, there are 9146 August 18, 1992 no minimum off-street parking space requirements in the B-3, Central Business District. Mr. Penn would be required to meet all the building code requirements. Mr. Penn stated the facility was to upgrade downtown Pulaski and to bring entertainment in. The restaurant would provide a need that we have in downtown Pulaski. Upon inquiry from Councilman Crispin regarding fire safety, Mr. Holycross stated that fire safety was not part of this review. Council's purpose was to discuss the conditional use. This property will be subject to the fire code and building code, and the state fire marshall be in to inspect the building this week. Councilman D'Ardenne asked if there were any conditions recommended. The Planning Commission did not recommend any conditions to be attached, and recommended approval of the conditional use. Councilwoman Holston so moved that the Planning Commission's recommendation be approved, seconded by Councilman Crispin and carried on the following recorded vo te: CONDITIONAL USE GEORGE PENN Charles D. Crispin - Aye Andrew L. Graham - Aye APPROVED J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Absent Robert N. Glenn - Aye Mr. Holycross reported that before an occupancy permit can be issued for this property, all building regulations and fire code regulations must be met. Councilwoman Holston so moved that reading of Ordinance No. 92-13 be waived, seconded by Councilman Black and carried. Councilwoman Holston made a motion that Ordinance No. 92-13 Permitting a Jazz/Comedy Club as Conditional Use at 220 N. Washington Avenue be adopted, seconded by Councilman Crispin and carried on the following recorded vote: ORDINANCE 92-13 Charles D. Crispin - Aye Andrew L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Absent Robert N. Glenn - Aye Mayor Hancock advised that the second public hearing regarded a request by the Town of Pulaski to add two Conditional Uses to those permitted in the B-2 (General Business) zoning district. PUBLIC Mr. Holycross gave a brief summary of this proposal. The two HEARING additional proposed uses are: ZONING AMEND. 1. Wholesale brokerage or storage establishments with floor area devoted to storage or warehousing or 20,000 square feet or more, as a conditional use, but not a truck or freight terminal. August 18, 1992 9147 PUBLIC HEARING ZONING AMENDMENTS, CONTD. 2. Light manufacturing, fabricating and processing operations within completely enclosed buildings which do not produce hazardous, objectionable, offensive conditions outside the building by reason of odor, dust, smoke, cinders, fumes, noise, vibration, heat, glare, wastes, fire, or explosion so that nearby commercial uses are not adversely affected, and which are harmonious with such commercial uses in signage, traffic flow, and exterior appearance, as conditional uses. Mr. Holycross reported that the proposed amendments were prompted when a business prospect expressed an interest in locating a light processing operation in an existing facility that had a floor area exceeding 20,000 square feet. The operation merely involved the cutting of cloth and related storage/warehousing. The prospect's operations would have been confined to the interior of the building and would not have had any impact on adjoining buildings or properties. Mr. Holycross further reported that because the proposed amendments would be conditional uses, the Planning Commission and the Town Council would still have the opportunity to review each application for such a conditional use and to attach reasonable conditions to assure that the use would not adversely affect other businesses and would be harmonious with adjacent commercial uses. The Planning Commission conducted a public hearing on the proposed amendments on July 13 and voted to recommend approval of the two additional conditional uses. There were no comments from the public. Town Council discussed these amendments at length, with Councilmen Crispin and Graham proposing that the zoning ordinance remain as it presently is, and if requested, Council could consider each case; Councilman D'Ardenne advised that other localities are making the same changes; Councilman Glenn stated that retail businesses might not like a manufacturing operation beside them; Councilwoman Holston felt that the proposed amendments should be approved as it allowed more flexibility in talking with small industry. Mayor Hancock stated that he felt Council was adequately protected. If a person wished to do this, they would have to file an application, go through the Planning Commission and a public hearing held. Mayor Hancock questioned the wording "which do not produce objectionable or offensive conditions outside the building by reason of" and so list. He wondered if there should not be some language saying "including these things, but not limited to". In other words, there might be other considerations that may be more intangible things. He stated the same was true, "so that nearby commercial uses are not adversely affected which are harmonious with such commercial uses in signage, traffic flow, and exterior appearance, etc." He felt this should be worded so that it would say "including those things, but not limited to". TABLED Councilman Glenn made a motion that this Ordinance be tabled until the Mayor's rewording recommendation can be considered in the proper committee and then by next meeting, a decision can then be made on this matter. Motion was seconded by Councilman Crispin and carried. 9148 August 18, 1992 The Town Manager will talk with the Town Attorney regarding the process and language amendment. At 7:35 p.m. Mayor Hancock adjourned the public hearings. Mayor Hancock then called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS Chairman J. R. Schrader was absent. FINANCE COMMITTEE PULASKI Chairman W. H. Schrader was absent, and Councilwoman Holston gave BRAVES the Finance Committee Report. She stated that the Committee had met IN-KIND August 7, 1992, and reviewed a proposal from the Pulaski Braves, Inc. to SERVICE provide in-kind services, authorized in advance by the Town and properly documented by the club, for the maintenance, repair or improvement of Calfee Park. The in-kind services may include goods or materials or labor (valued at the rate of $11.00/hour, which is the approximate cost to the Town of using its own personnel}. For each $3.00 of in-kind services provided by the Pulaski Braves, the cash payment owed to the Town for 1992 will be reduced by $1.00. Councilwoman Holston stated that the Town Manager distributed a list of examples or projects for the maintenance and improvement of Calfee Park and a Survey of Calfee Park versus Minor League Facility Standards. After reviewing the proposal, the Finance Committee recommended and Councilwoman Holston so moved that the in-kind service proposal be approved, and Resolution No. 92-18 be adopted. Motion seconded by Councilman Glenn. Councilman Crispin requested that language be included that has the Town Council determine if the Bra ves are complying with the dollar figures so that the Town Council can review the incremental payments to make the determination that they are in compliance. He also wanted language saying that the in-kind services be auditable. Councilwoman Holston stated that for each $3.00 worth of in-kind services, the Town is getting $1.00 of cash payment. She felt Town Manager could review and see that they are doing what they are supposed to. Councilman Graham stated that contract would go through June 31, 1993, and asked when we entered into new contract. Mr. Holycross reported that we would be negotiating a new contract during the winter and early spring, and it would be applicable to next baseball season. Councilman Graham stated we should have information as to where we are going with Calfee park. He stated that attendance is down and there are two major improvements that need to be made, and that he would like to see a dollar figure. Mr. Holycross advised the two major improvements that needed to be made were to the lighting and club house August 18, 1992 9149 facility. To keep cost down, Mr. Holycross stated that Town labor could be used. Cost information will be shared with Council when available. Mr. Holycross reported that the owners of the club had made available a financial statement in answer to inquiry made by Councilman Graham. Councilwoman Holston so moved that reading of Resolution No. 92-18 Amending the contract with Pulaski Baseball Club, Inc. to provide for the substitution of in-kind services for cash payments otherwise required by said contract be waived, seconded by Councilman D'Ardenne and carried. Motion to adopt Resolution No. 92-18 then carried on the following recorded vote: RESOLUTION 92-18 ADOPTED Charles D. Crispin J. R. Schrader, Jr. Roy H. D'Ardenne, Jr. W. H. Schrader, Jr. UTILITIES COMMITTEE - No Andrew L. Graham - Aye - Absent E. G. Black - Aye - Aye Alma H. Holston - Aye - Absent Robert N. Glenn - Aye TAXI STD. Chairman Graham had no report, however, he advised the cab station, at Train Station, has abandoned taxi cabs, etc. around it. Mr. Holycross reported that the owners of the cab company have been notified to clean the area up within seven days. Councilman Graham also asked about procedure for notifying alternates as to when they are to attend meetings. Mr. Holycross reported that typically, when a member cannot attend, they will contact their alternate. PUBLIC OPERATIONS COMMITTEE Chairwoman Holston had no report, but advised that an opening for Downtown Health Screening was held today and it was very successful. The screening is sponsored by PMI, Pulaski Hospital, New River Valley Rescue Squad and Senator Trumbo. Chairwoman Holston reported that over 100 people were tested for sugar, blood pressure and cholesterol. Councilman Crispin questioned why this screening was discontinued at the Senior Center. Staff was unaware that this service had been discontinued, however, the matter will be investigated. ORDINANCE COMMITTEE Chairman Glenn had no report. PLANNING COMMISSION Councilman D'Ardenne advised that the Planning Commission had met Anneski resigned from the Planning Commission effective July 20, 1992, 9150 August 18, 1992 PLANNING COMM. after having sold his house. Dr. Anneski has served on the Planning Commission since 1980 and was elected chairman in 1982. Councilman D'Ardenne reported that he had resigned as vice- chairman. The Planning Commission elected Roy David Warburton to serve the remainder of Dr. Anneski's term as chairman and Joe Weddle to serve the remainder of Mr. D'Ardenne's term as vice-chairman. Councilman D'Ardenne stated that a public hearing was conducted and the Planning Commission approved a minor subdivision of an unnumbered lot fronting on Case Knife Road, with a variance to the minimum lot width requirement. The subdivision created Lot No. 32 containing Mrs. Beatrice Arnold's existing dwelling, and Lot No. 32-A allowing a second 900 square ft. dwelling for David Kress and Tammy Hoback, Mrs. Arnold's daughter. Councilman D'Ardenne reported that the subject property is zoned R- 1 (Residential), which requires a minimum lot width of 85 feet. Under the approved variance, the minimum lot width for Lot. No. 32-A may not be less than 55.4 feet. MAYOR'S REPORT Mayor Hancock stated that the installation of the tower on the Courthouse was very exciting. He expressed appreciation to the Board of Supervisors for all they have done to restore the Courthouse. COURTHOUSE Councilman Glenn suggested the chiming of the new clock should be video taped for a permanent record. Councilman Crispin stated he has excellent photographs of the courthouse that could be reproduced and sold for revenue for the train station. Councilman Crispin offered to donate the negatives of these photographs to the Town. NEW RIVER Mayor Hancock suggested that at one of the committee meetings, the TRAIL train station and also the building at the train station should be discussed. Mr. Holycross reported that the Building Inspector had been requested to furnish a cost estimate for renovation of the building at the station. Mayor Hancock reported that hopefully, the New River Trail will be connected to the station, and we need to look at all the options. Mayor Hancock suggested that the entire the bond issue that will be upcoming in Nove the Town should be since there are monies in connecting the trail to the station and also in conjunction with the Board of Supervisors money through Claytor Lake. Council meet and discuss tuber and what the role of the bond fund for to discuss what we might do as the County will have Mayor Hancock stated that he had been contacted by several people regarding the recycling bins at Krogers. It has been suggested that they be designed to handle large bags. Mr. Holycross has discussed this with New River Resource Authority and hopefully, he will receive a response this week and he will report back to Council. TOWN MANAGER'S REPORT August 25, 1992 9151 NUISANCES Mr. Holycross requested authorization from Town Council to seek a declaratory judgment from the court to allow us to proceed with the demolition of property at 14 6th Street N.W. We have begun to advertise this demolition, but the Town Attorney prefers that in addition to that, we go to court and get a declaratory judgment which makes it clear that we have the right to go on the property. Mr. Holycross stated this building has been condemned. Mr. Holycross stated that notice was given to the property owner sometime ago and the property owner indicated that he wanted to restore the building so an extension was given to allow him to attempt to restore it. No progress has been made. Councilman Glenn so moved that authorization be given to obtain a declaratory judgment against the property at 14 6th Street NW, seconded by Councilman D'Ardenne. For the record, Mayor Hancock stated that several years ago, he had represented neighbors in this area. Councilman Glenn suggested that the Town try to obtain the stone that will be removed from this site. Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Absent E. G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Absent Robert N. Glenn - Aye Mayor Hancock requested that stone walls be reviewed up toward the mountain that are in disrepair. Mr. Holycross will check into this. Councilman D'Ardenne stated it was felt that the roof on the condemned building was asbestos. Mr. Holycross advised this had been taken into consideration. SANITATIONCouncilman Glenn asked status of meeting that Council requested with Larry Vest from the County. Mr. Holycross stated that he had met with Joe Morgan to discuss inconsistencies between the County's regulations and the Town's regulations and these are being reviewed, and will be brought back to Council. Also, the County would like the Town to assist them in bringing their billing records up to date as far as Town customers who have refuse service. The Town Attorney has been asked to give an opinion on whether that information can be shared. Councilman Glenn advised that there seems to be discrepancies in putting out garbage in containers with lids versus plastic bags. NRV AIRP.Councilman Glenn stated that he and Pete Huber, Assistant County Administrator, attended the Aviation Conference and the Airport Commission received all the funding that they had requested for the next fiscal year. Current projects include T-hangers being constructed by a private enterprise at no cost to the public and also a fuel farm that is under construction. It is hoped that in the near future, an Airport Appreciation Day can be held. 9152 August 18, 1992 Councilman Glenn suggested that the Town might want to do some research into the fact that Pulaski was known as the Gem City, and perhaps use this through PMI to gain some notoriety. VML CONF. Councilman D'Ardenne had recently attended a conference for newly elected municipal officials sponsored by the Virginia Municipal League; the Center for Public Service, University of Virginia; and Community Resource Development, Virginia Cooperative Extension Service, VPI&SU/Virginia State University, and gave a very thorough and comprehensive report on this conference. Councilman D'Ardenne's summary is on file for future reference. Mr. Holycross reported that he had not had a response regarding the train whistle complaint. At 8:35 p.m. Councilwoman Holston made adjourn, seconded by Councilman Graham and ~.~ ~~ .~a~-~- Clerk of Council a motion that Council carri d. APP ED: Mayor