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HomeMy WebLinkAbout10-02-90 October 2, 1990 8819 Minutes of the regular meeting of the Pulaski Town Council held October 2, 1990, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: Charles D. Crispin, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, Alma H. Holston, Robert N. Glenn Planning Commission: Chairman A. W. Anneski Andy McCready William T. Smith, Jr. Roy D'Ardenne Roy David Warburton Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Rebekah Corso, Secretary 1 Visitors: Jake Blevins Bill Martin Mrs. Ralph Grubb Mr. Purdue Mrs. Frazier Jim Duke Clark Cunningham Mrs. Rupe Jesse Pritchett John Hawley Dan Meadows Mr. and Mrs. J. B. Warner Mr. and Mrs. Woodrow Hurst Mr. and Mrs. Claud Kirkland Dee Lindsey and Paul Dellinger of the News Media The Invocation was given by Mayor Hancock. On motion made by Councilwoman Holston, seconded by Councilman Glenn, and carried, the minutes of the regular meeting of September 18, 1990, and minutes of the special meeting of September 26, 1990, were approved as submitted. ~O~D. USE Mayor Hancock stated that next on agenda was a public hearing concerning a conditional use request relating to Dora Highway. $$20 October 2, 1990 CONDITIONAL USE PUBLIC HEARING CONT. Mr. Rob Lyons stated this joint public hearing with the Planning Commission had been scheduled for consideration of a conditional use. The applicant, Mr. Walter Gravely, is proposing to operate an automobile storage and crushing business, and recycling business on Dora Highway, northeast of Springer Avenue. The site is zoned M-2 and the business is a conditional use. The property is owned by Mr. Joe Shelor and leased by Mr. Gravely. Informational items regarding this request: Lot will '~ hold approximately 150 cars. He needs approximately 75 for the crusher to come in and crush the vehicles. Prior to Mr. Gravely crushing the vehicles, gas tank, antifreeze, battery and tires would be removed. 0 the cars are crushed, they would be shipped out every 30 to 45 days. F The actual crusher has a containment system so any fluids that would b remaining in the vehicle would not run off, but would be contained in the car crusher and drained separately. Mr. Gravely was not in attendance at meeting, but had previously stated the noise would be similar to a hay bailer. Mayor Hancock advised that after hearing public comments, the Planning Commission would make a recommendation to the Town Council. Planning Commission member, Andy McCready stated he owned real estate in the nearby vicinity of this proposal, and Mr. Terwilliger had rendered the opinion that there would be a possible conflict of interest and he would therefore be unable to vote or speak on this matter. At this time, Mr. McCready excused himself from meeting. Mr. Jake Blevins, Mr. Dan Meadows, Mr. Jim Duke, Mr. Clark Cunningham, Mr. Claud Kirkland, and Mrs. Rupe spoke in opposition to this conditional use request. Citizens were concerned over fluids from crushed vehicles flowing into Peak Creek, or if dumped, where would they be dumped, would be detrimental to rental property, petition containing 100 names opposing operation, would buffers be installed, it was felt this was mostly a residential district. Concern was also expressed over children in area of this crusher, and potential danger of Dora Highway being narrow prior to entering Rt. 99. At 4:17 p.m. the Public Hearing was adjourned and~the Planning Commission moved to another meeting place to discuss their recommendation to Town Council. ZONING Mr. J. B. Warner, representing Concerned Citizens for Planning Progress, addressed Council. Mr. Holycross advised that Mr. Warner had previously raised two questions at the last meeting. One concerned the status of the zoning map as to whether it had been updated in accordance with the zoning code. The zoning code requires that each year the zoning map be updated and basically to show any changes that had occurred prior to December 31 of the preceding year. The Town has a master zoning map that is kept in the office of the Building Inspector. This map is updated when zoning changes occur. We have failed to update the individual copies that are available for use by staff members as well as the public. The Engineering Deparment has been directed to proceed with the updating of these maps. The second item concerned the status of the Comprehensive Plan. In May of 1985 the Council approved a Comprehensive Plan for the Town. There is a requirement under the State Code of Virginia which requires the Comprehensive Plan be reviewed at least every five years. The Planning Commission reviewed the Comprehensive Plan and an update of this plan is underway at this time. He estimated that it was 95% complete. A public hearing was held October 2, 1990 8821 1 ZONING, CON"T. several months ago and at that time it was discovered that incorrect mapping had been included in the draft, therefore, it was sent back to the consultant for additional work. The Planning Commission had not yet concluded their review of the Plan. Mr. Holycross further clarified that there is a current Comprehensive Plan and the requirement of the State Code is that it only be reviewed every five years. There is no requirement that it be updated and there is no timetable by which the update must occur. Town Manager and Town Attorney concurred that the review was timely and that there is no statutory requirement in terms of when this update must be completed. Mr. Warner stated that in the past he felt he had been rather meek in approaching Council on the concerns of Concerned Citizens as their President. He felt Council had been gracious but had been ignoring them. He further felt there were no tensions on the part of Concerned Citizens, that they had not gotten enough answers out of Council to have any tension. Mr. Warner referred to the May 15th meeting when they had pointed out that map was incorrect in the Comprehensive Plan. Mr. Warner also read quotes from the local newspaper. He also asked that Council review the matter of the Comprehensive Plan calling for the widening on Peppers Ferry Road in long term plans. Mr. Warner questioned if the answers they were getting were accurate. He asked at last meeting if we had ordered the red light (Memorial Drive & Rt. 11). The reply was "of course, we haven't". Newspaper reports that budget cuts delay local road plans. It seems that we have ordered the red light. He stated Concerned Citizens were concerned that they were not getting the response and the respect that they would hope to have from Council. And, you could sense Council's feelings more than Council realized. Except for Mr. Crispin and Mr. Glenn, very few of Council had been on the other side of the podium and see how your feelings project. Concerned Citizens were concerned about it. Also, one member of Council was complaining of another member of Council that has been attending Concerned Citizens meetings. Mr. Warner further stated that a letter dated July 12 where they brought forth several questions had not been addressed. He advised that Council had declined their offer of Town Hall meetings once every three months, and they will be coming back, taking up quality time, with their concerns at each meeting. He stated these items concerned all of the Town. He requested that Concerned Citizens be put on the agenda for the October 16 meeting at 7:00 p.m. Mr. Warner requested that the Mayor direct the Town Manager to prepare a presentation on the Rt. 11 water line extension. He requested a map showing the full water line extension, what we voted for in the bond issue, an overlay of what we will get - a complete update. Mayor Hancock stated the Town Manager might be able to give a report at this meeting. The Town Engineer was directed to bring maps of this extension into the Council Chambers. Mr. Graham stated that it was reported at the last Council Meeting that we were awaiting final approval from the Health Department for this line, and engineers are completing final specifications. Contracts will be let in the next 30 days or less. 8822 October 2, 1990 PLANNING COMM. At 4:38 p. m. the Planning Commission returned to the meeting. Mr. RECOMMEND. Lyons reported that the Planning Commission voted to deny Mr. Gravely's COND. USE request on the basis that Mr. Gravely was in violation of the Planning Commission's policy requiring the applicant to be present to present his case and provide information to the Planning Commission as regards to what he was actually going to do. Councilwoman Copenhaver so moved that Council accept the Planning Commission's recommendation to deny the conditional use request, seconded by Councilwoman Holston. Mr. Terwilliger stated if request is denied, there would be a one year waiting period to reapply. The denial is based on the submission and it is implied with what was stated that the Planning Commission felt they did not have adequate information in front of them at the time to properly evaluate the submission. It is the job of the public hearing and the applicant to provide information as needed. CONDITIONAL USE Motion then carried on the following recorded vote ~ DENIED Charles D. Crispin - Aye Andrew L. Graham - Aye p J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye WATER LINE Mr. Hawley, Town Engineer, with the use of a map, showed citizens the route of the Rt. 11 line. Line goes on Rt. 11 to intersection with Route 645 then in a southernly direction on Route 645 past Twin Oaks and the final station is about 4 miles. The last station is at Beth Scott Drive where we have another water line that comes up the alley on Peppers Ferry Road. The water tank site is proposed on the highest point of the Allison Estate. Dewberry and Davis has had these plans and they are having to go back and take the plans and calculate the pressures throughout the system based upon the tank site. Tank site was core drilled Monday, October 1. A report has not been received back on this but they did hit rock on tank site. Once we have settled on a site, then we will work with Mr. Allison. The Health Department has a preliminary engineering report on the pump station that has been approved. Mr. Hawley reported the original plan was to bring the line to Mashburn Avenue and that is still in the plan but will be done later on. There is no way we can construct all the line back to Mashburn Avenue. We will be able to eliminate two pump stations and replace with one. The pump station being designed will be located on Ridge Ave. tank site. We are in the process of evaluating two preliminary systems right now. Once we get the tank sites settled on, then we can come up with a timetable. It will take about 30 days to get back final plans from Health Department and then some days for bidding. Mr. Warner asked, when annexed, how many years did the court give us to accomplish this item. Mr. Hawley felt this fell in the 7-10 year schedule. Mr. Warner also wanted to know how much money we borrowed to put system in. Mr. Holycross replied total bond issue was somewhat less than four million and he did not have figures before him showing amount of this particular project. He also advised the interest is being used to retire the bonds. And, just because interest is accruing, does not mean it is available for use on any of the projects. Mr. Warner inquired if the right of way was being acquired for thi October 2,1990 8823 project with the answer being yes. Mr. Warner requested that Council look into how much money, etc. and perhaps we could discuss it at the next meeting. Mayor Hancock advised if there were difficulties in acquiring rights of way, there are means by which the Town can acquire rights of way. Councilman Glenn requested a brief summary of how the bond money is used. Mr. Warner asked that while the Town is getting rights of way for line on Peppers Ferry Rd. to also get property owner to get right of way to widen the road. This item has previously been discussed in committee. Mayor Hancock stated that while Mr. Warner might disagree with what Council has done, under certain circumstances, and he did not believe that Mr. Warner had been ignored. Council had tried to give him answers to all the questions he had raised, and we spend a part of each meeting doing this. Or at least coming back at the next meeting giving him the answers he had asked for. Mr. Warner stated they appreciated that. Mrs. Inis Hurst, Pierce Avenue, expressed appreciation to Council for their assistance in cleaning up the old building on Pierce Avenue. WATER Mr. Bill Martin, Hickory Avenue, again addressed Council regarding his high water bill. Mr. Holycross had corresponded with Mr. Martin, and is writing other residents on Hickory Ave., advising that an error was made with the computer in water billing and credit or refund will be given to residents on Hickory where computer error was made. Mr. Martin expressed displeasure in the Town taking a month to get this matter resolved. Mr. Holycross gave steps to be taken to prevent errors of this nature occurring in the future. Councilman Graham stated he had served with several managers and felt that Mr. Holycross was one of the finest managers that we have had. He is concerned about the Town, and the citizens. He felt he was honest, straight forward and objective as he could be. Councilman Graham felt that Mr. Holycross just needed time to get all the facts together. The Public Operation Committee will again review the drainage problem on Hickory Avenue. Mrs. Virginia Kirkland stated that Town employees felt they were being criticized and were too quick to tell people they were wrong. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE 8824 October 2, 1990 Chairwoman Copenhaver stated that committee had met on September 25 with Messrs. Crispin, J. R. Schrader, Neighbors, Glenn, W. H. Schrader, COUNCIL Holycross, Lyons and Mrs. Holston in attendance. The committee considered a request to conduct quarterly Town meetings. They discussed the methods available for citizens to bring their concerns to the Town including Council meetings or contacting any or all members of Council. Therefore, since the committee felt citizens have a number of opportunities to address Council, they did not recommended quarterly Town Meetings. Council is concerned that citizen concerns be addressed and several methods of expanding communications with citizens were discussed including the development of a newsletter. FINANCE COMMITTEE Chairman Neighbors had no report. UTILITIES COMMITTEE Chairman Graham advised that the Utilities Committee had met and the concerns expressed at the September 18 meeting are to be handled administratively by the Town Manager. Chairman Graham reported that 192 broken water meters have been WATER replaced and the remaining broken meters are scheduled for replacement. METERS Winterizing of the meters is also being accomplished to reduce freezing during the winter. An Infiltration and Inflow final report prepared by Eastern Utility Specialists was addressed by Mr. Holycross at meeting. The staff will Peppers develop a workplan and identify priority repairs. The Public works and Ferry Engineering departments will complete a portion of the repairs and the (I&I) remainder will be completed through an outside contractor. ORDINANCE COMMITTEE ' In the absence of Chairman W. H. Schrader, Councilwoman Holston stated the committee had met on September 25 and considered a request TAXI CAB from Mr. Verlin Chrisley to increase taxicab rates 25 cents per zone. RATES The Town Manager was directed to explore the use of a mileage based taxicab fare, as opposed to the present zone-based fare. The Town Manager was further directed to contact the Town's taxicab companies for their input regarding the mileage-based fare system. The committee also discussed establishing a park closing ordinance to regulate the hours of operation for Town parks. Staff will further PARK CLOS. research this ordinance and prepare a report to the committee. Staff will also research an ordinance prohibiting bicycle riding in a dangerous fashion. PUBLIC OPERATIONS COMMITTEE Co-Chairwoman Holston stated the committee had met September 26 and the Town Manager was directed to negotiate with Wyatt Development Corp. ZONING to install sidewalks on Peppers Ferry Road from Memorial Drive to the shopping center's truck entrance and explore the possibility of extending the sidewalk or grading the property from the truck entrance to the properly line. The developer would assume all costs of the October 2, 1990 sidewalk(s) and/or grading. 8825 The committee considered funding of landscape and public improvements plan projects and recommended that the following projects BOND be approved: 1} Washington Avenue and 5th Street Entrance - $2,000; 2) MONEY Entrance Sign Improvements - $3,000; 3) Washington Avenue and Third Street Entrance - $1,000; 4) Main Street and Duncan Entrance - $8,000; and 5) Visitor's Center and Dora Highway Park - $90,000. The Town Manager estimates that between $65,000 and $85,000 is available from the Downtown Improvements Bond. The Visitor's Center improvements will be completed with the bond money remaining from the other recommended projects. Chairwoman Holston so moved that the five projects be approved, seconded by Councilman Glenn. Councilman Graham made a substitute motion to vote on items #1 through #4, and discuss #5 separately, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - No. James R. Neighbors - Aye Robert N. Glenn - No Councilman Glenn so moved that Council approve items #1 through #4, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Councilwoman Holston so moved that item #5 be approved, seconded by Councilman Glenn. Councilman Crispin felt that no money should be spent on the Visitor's Center at this time until we have had an opportunity to find out what Norfolk and Southern is going to do about 8 to 11 railroad trains going through Town from one to two miles long each day with coal. He felt this would tie up Washington Ave. and Jefferson Ave. If this happens it will isolate this portion of town from most of the traffic quite a bit of each day and the Visitor's Center is not going to be very much of a Visitor's Center if it is going to be isolated from the rest of the town. He felt there were other things we should spend the money on which would be much more productive and one of these would be the improvement of Peak Creek. Also, we have not determined the New River Trail extending into town. Councilman Glenn inquired of Councilman Crispin his suggestions for the train station with him replying that he would suggest that we try to find a private organization or company, etc. to take over the train station and develop it. And try to get the money back. It would be used for restaurant. Mayor Hancock reported that a good bit of the work had been at a standstill waiting for funds to come in. The fundraising effort was down to about $120,000 and it is now below $100,000. The Board of 8826 October 2, 1990 Supervisors has been approached for money. We have also talked with the State Division of Parks. The State is interested in the Park not only from recreational viewpoint but from economic development viewpoint. The number one business in Virginia is tourism. Councilman Graham stated he would have to vote against motion as he believed we should have a master plan and have pedestrian path that leads from the park to the Visitor's Center and also the Center would house the Pulaski County Chamber of Commerce. He did not think that taxpayer's money should be used for this type of thing. After considerable discussion, Councilwoman Holston so moved tha question be called for, seconded by Councilwoman Copenhaver and Carrie VISITORS Motion carried on the following recorded vote: CENTER Charles D. Crispin - No Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye MAYOR'S REPORT Mayor Hancock had no report. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Holycross reported that the Town offices would be closed Monday, October 8 in observance of Columbus Day. Mr. Holycross had distributed memorandum from John Hawley, Town TOEJN Engineer, pertaining to the removal and replacement of underground PROPERTY storage tanks at the Town Shop and outside municipal building. Low Bi was received from M. L. Sowers in the amount of 527,900. $40,000 had been budgeted for this project. Councilwoman Holston so moved that M. L. Sowers be awarded the contract. Motion seconded by Councilman J. R. Schrader and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye A Resolution was presented proclaiming October 18, 1990, as Industry Appreciation Day. Councilman J. R. Schrader so moved that reading of the resolution be waived, seconded by Vice Mayor Neighbors and carried. RESOLUTION Councilman J. R. Schrader made a motion that Resolution be adopted, INDUSTRY seconded by Vice Mayor Neighbors and carried. APPRE. DAY WHEREAS, the Council of the Town of Pulaski recognizes and acknowledges the economic importance of local industries in Pulaski and WHEREAS, over 80% of all new jobs are created by existing October 2, 1990 industries, and 8827 WHEREAS, the Town Council recognizes the many contributions of the New River Valley's existing industries including support of the local economy through jobs, wages, salaries, taxes, improved quality of life, etc. NOW, THEREFORE, be it resolved by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on October 2, 1990, should and hereby does designate October 18, 1990, as INDUSTRY APPRECIATION DAY IN PULASKI. Witness our hand and seal this 2nd day of October, 1990. FINANCE Mr. Holycross distributed memorandum showing some of the State- imposed budget cuts. Grant for train station reduced from $10,000 to $7,500; State Highway Maint. Payments reduced from $970,000 to $936,235; and Law Enforcement Aid reduced from $136,925 to $132,832 for a total reduction of $40,358. on these three items. We will prepare administrative adjustment to our current budget to account for this loss in revenue and will review these adjustments with the Finance Committee. Mr. Holycross requested an executive session on a legal matter. Mayor Hancock also requested an executive session pursuant to A4, personnel matter. Councilman Crispin so moved that Council go into Executive Session under 2.1-344 A4 and A7, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye At 6:02, Council went into E Andrew L. Graham - Aye W. H. Schrader, Jr. - Absent Alma H. Holston - Aye Robert N. Glenn - Aye xecutive Session. At 7:55 p.m. Council returned to Regular Session, and waived reading of the Certification Resolution on motion made by Vice Mayor Neighbors, seconded by Councilwoman Holston and carried. Vice Mayor Neighbors moved that Certification Resolution be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: CERTIFICATION RESOLUTION Charles D. Crispin - Aye Andrew L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye CERTIFICATION RESOLUTION WHEREAS, the Pulaski Town Council has convened an Executive meeting on this date pursuant to an affirmation recorded vote and in accordance 3828 October 2, 1990 with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 52.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, (i} only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeti were heard, discussed or considered by the Pulaski Town Council. At this time, Mr. Terwilliger read the following resolution. Mayor Hancock did not participate in discussion of this matter. RESOLUTION BE IT RESOLVED that the Town Council supports the concept of RESOLUTION participating in a joint effort with the Pulaski County Board of ADOPTED Supervisors and the Industrial Development Authority of Pulaski County, to provide funding for an industrial development project aimed at assisting an existing local industry in maintaining its economic vitality. ACCORDINGLY, the Town Administration is authorized to take all necessary and proper steps to develop the details of a joint participation loan project so that the Council can consider specific proposals and documents as soon as possible. The Town directs that only uncommitted UDAG funds will be considered for funding, up to a cap of $500,000.00, and only to be paid if and when such funds become available. No pledge of the full faith and credit of the Town will be made. Any agreement must involve matching funds from the private sector. The Administration is authorized to retain independent consultants and legal counsel as needed to advise the town in this matter. The Town reserves the right to negotiate specific terms of the project and to withdraw from any and all participation at any time. No funds will be committed in a binding manner unless and until the Town Council votes in open session on specific agreements and documents, by appropriate resolution or ordinance. This Resolution is effective upon adoption, and is adopted this 2nd day of October, 1990, by recorded vote of the Council. Councilman Glenn made a motion that Resolution be adopted, seconded by Councilman J. R. Schrader, and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Absent Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye ^ ~- October 2, 1990 8829 At 8:00 p.m., Councilman Crispin made a motion that Council adjourn, seconded by Vice Mayor Neighbors and carried. APPROVE v Mayor Attest: ~ ~~- Clerk of Council