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HomeMy WebLinkAbout02-18-91February 18, 1992 9057 Minutes of the regular meeting of the Pulaski Town Council held February 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, J. R. Schrader, Jr., Mary Lou Copenhaver, James M. Neblett, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston Planning Commission: A. W. Anneski, Chairman William T. Smith, Jr. W. H. Schrader, Jr. Roy D'Ardenne Roy David Warburton Joe Weddle 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 Visitors: Dee Lindsey and Paul Dellinger, News Media Billy Smith Mr. and Mrs. Kenneth McCrary James E. Aust Virlen Chrisley Marvin Eanes Ray Lemon Mr. and Mrs. J. C. Montgomery Mr. and Mrs. Claud Kirkland Mrs. Polly Mitchell Mrs. Mary Lee Duncan Dick Davis Elzie L. Turman Mr. and Mrs. J. B. Warner The meeting was called to order by Mayor Hancock. Councilman Crispin led the Pledge of Allegiance with the Invocation being given by Councilwoman Copenhaver. Following the roll call, Councilwoman Holston so moved that the minutes of the regular meeting of February 4, 1992, be approved as submitted, seconded by Councilman Crispin and carried. MAIN STREET Mr. Billy Smith addressed Council advising the status of Pulaski Main Street, Inc. He reported that the finances were stabilized and the Board had authorized a recruitment effort for a part-time project . manager. Also, the Board has developed a vision statement and goals for 9058 February 18, 1992 the downtown area. The statement and goals were distributed to Council as well as the Main Street Revenue and Expenditure Report through MAIN January 31 , 1992 . STREET Next on the agenda was a public hearing held jointly with the Town PUBLIC planning Commission to hear citizen comments on the E. Ray Lemon request HEARING to rezone property at the corner of Rt. 11 and Oakhurst Avenue from R-2 (Residential) to B-2 (General Business). ZONING REQUEST Mr. Lyons reviewed the recent Route 11 rezoning. Using an overhead visual, Mr. Lyons illustrated the property requested to be rezoned. Mr. Lyons advised that prior to the adoption of the existing zoning map in 1987, Mr. Lemon's property was zoned B-2 (General Business), to an approximate depth of 300 feet. Mr. Lyons recommended that the highest zoning appropriate for consideration is R-0 (Residential-Office) as the property does not have frontage on Rt. 11, the property has developed as a residential use, and Mr. Lemons is located in a transitional area between a residential zone R-2 and the B-2 zone. The Town Engineer also recommended that R-0 as the highest zoning appropriate for consideration. From the public, there were no comments for or against this proposal. At 7:10 p.m. the public hearing was adjourned. PUBLIC The second public hearing concerned two proposed amendments to HEARING Article 5 of the Town of Pulaski Zoning Code which establishes policies and procedures related to non-conforming uses. AMENDMENTS TO ZONING Mr. Holycross reported that a non-conforming use of a property is a CODE use that, prior to the adoption of the current zoning regulations for the zoning district in which the use is located, was in compliance with the Zoning Code. However, with the adoption of the new regulations, the use no longer conforms to the regulations for the zoning district. Therefore, it is described as a non-conforming use. He stated that as a general rule, a non-conforming use can continue indefinitely so long as the use is not enlarged, extended, reconstructed, or structurally altered. However, if the non-conforming use is discontinued for a significant period of time, there are restrictions on whether the use can be reestablished. Mr. Holycross stated that the first amendment would change Article 5, Section 2 (Change of Non-conforming Use) of the Zoning Code to allow a non-conforming mobile home, which is removed from a property, to be replaced by another mobile home so long as the replacement occurs within two years of the removal of the first mobile home. The current language in that section of the Zoning Code would only allow the replacement if it occurred within sixty days of the initial removal. The second amendment would change Article 5, Section 5 (Discontinuance of Nonconforming Use) to provide that, in any zoning district, if a non-conforming use is discontinued for a continuous period of two years, then any future use of the property must conform to the regulations of that zoning district. Currently, that two-year regulation only applies to the residential zoning district. February 18, 1992 9059 ZONING From CON't.they have for years cannot be felt that code. the publ property and then replaced property ic, Mr. Ken McCrary spoke in favor of the amendment as on Newbern Road on which a trailer had been placed removed. According to zoning code, the trailer since it has been over 60 days since its removal. He owners were unaware of the changes made in the zoning As there were no further comments received from the public regarding the two proposed amendments, Mayor Hancock adjourned the public hearing at 7:18 p.m. The Planning Commission will again review the request of Mr. Lemon to rezone his property on Rt. 11 and the two amendments to the Zoning Code at their next meeting. The recommendations of the Planning Commission will be brought back to the Town Council. Mayor Hancock then called for the Ordinance Committee report. ORDINANCE COMMITTEE REPORT TAXI Chairwoman Holston reported that the Ordinance Committee had met on CABS February 12, 1992. Mr. Holycross stated that in December, 1991, the Town Council awarded temporary certificates to Blue and White Cabs and Deluxe Cabs subject to further review after the final disposition of the felony charges against Blue and White and Deluxe Cabs' owner Verlin Chrisley. At the meeting, the Town Attorney understood that Mr. Chrisley had pled guilty to the felony charges in Circuit Court. 1 At the Ordinance Committee meeting, the Town Attorney questioned Herman Largen and his attorney, Randolph Eley about the ownership and management of the Blue and White Cab Company and Mr. Eley reported it was presently in litigation in Circuit Court. Mr. Holycross proceeded to read the minutes of the Ordinance Committee meeting, a copy of which is attached to the permanent file copy of the minutes of this meeting. Mr. Terwilliger reported that Mr. Largen had testified that he did not have any ownership interest in the cab company. Also, Mr. Largen had notified the Town Manager that he was withdrawing his application for certificates. Mr. Terwilliger stated that according to the ordinance, the Council had the right to consider the character of the applicant, including criminal record of the applicant. Council could revoke the existing certificates or they could readvertise and hold another public hearing to see if there are additional applicants for the certificates. He understood that Mr. Chrisley would start his sentence at the end of the month. Mayor Hancock stated that he had not attended or participated in any committee meetings as one of his partners did represent Mr. Chrisley on the criminal matter. He would not vote if the matter came up for vote and there was a tie. Mr. Dick Davis, attorney for Mr. Chrisley, gave background information of Mr. Chrisley obtaining Blue and White Cabs from Mr. Largen when criminal charges were filed against Mr. Largen. Judge Owens, at the hearing, advised that Mr. Chrisley was the sole owner under the testimony of Mr. Largen, of Blue and White Cabs, Deluxe 9060 February 18, 1992 TAXI CABS, CONT. Cabs and the bus franchise. Mr. Davis stated that he had contacted Hugh Sawyer to see that the books are gone over immediately. Also, Marvin Eanes, General Manager of the cab company has agreed to have certificates in his name. Councilman Crispin asked if certificates awarded as requested, how did we know that Mr. Largen was out of the picture? Mr. Davis stated they were getting an injunction. They could not stop him from being the Greyhound agent, but he assured Council that Herman Largen was not going to have anything to do with the Blue and White Cab Co., the Deluxe Cab Co., or with the Greyhound as soon as they could get that squared away. Mr. Davis also reported that money that Mr. Largen has taken from Blue and White Cab Co. account will be requested to be returned and if not, other charges will be brought. Over the last six months, Mr. Largen has withdrawn over 541,000 from Blue and White Cab Co., payable to William Largen, agent for the Greyhound, and he intends to get this money back. When a printout is available from the CPA, it will be available to Council. MOTION: Councilman Crispin made a motion that Blue and White Cab. Co. and Deluxe Cabs be allowed to continue to operate until we can get a full accountability from the accountant, or April 21, 1992; Mr. Marvin Eanes, General Manager, will run the company, and recommended having another meeting to review books and make a decision at that time. A new bookkeeper will also be obtained. Motion seconded by Councilman J. R. Schrader. Councilwoman Holston felt this matter should be settled as soon as possible and that we should advertise to see if anyone else was interested in the permits. Councilmembers felt that it was important that the cab service be continued for the citizens. Motion then carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W.H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent In hearing from the public, Mr. J. B. Warner expressed appreciation for the lights in rear of the municipal building. Chairwoman Holston also reported that an Ordinance Committee meeting needed to be scheduled regarding Mr. Stuart's request to be placed on the Town's towing rotation. PUBLIC OPERATIONS COMMITTEE Chairman J. R. Schrader had no report. PUBLIC & PERSONNEL RELATIONS February 18, 1992 9061 Chairwoman Copenhaver reported that the Personnel Committee had met February 11, 1992, in two executive sessions under 2.1-344 Al Personnel and A3 Real Estate. BEAUTIFICAT~lairwoman Copenhaver made a motion that Jack Nunley be appointed APPT.to the Beautification Committee for a three year term, to expire February 18, 1995, seconded by Councilman J. R. Schrader and carried. Chairwoman Copenhaver reported that an advertisement would be placed in the newspaper requesting volunteers for the Beautification Committee. UTILITIES COMMITTEE Chairman Graham had no report. FINANCE COMMITTEE Chairman W. H. Schrader had no report. VML Chairwoman Holston reported that due to bad weather, they were unable to attend VML Legislative Day. Chairwoman Holston advised that she served on the Environmental Quality Policy Committee of VML and at the VML Conference in Roanoke, the Commonwealth Economic Condition and Clean Air Act was discussed in a workshop which she attended. This was an important issue and included the prospects for economic recovery and what government can do to encourage economic recovery. The Federal Clean Air Act requirements will alter expectations regarding transportation land use and economic development. The communities that understand these new directions can better control the effects. Further information will be shared when it becomes available. MAYOR'S REPORT Mayor Hancock welcomed Councilman Schrader back to Council. PULASKI Mayor Hancock distributed a letter he received from June Draper THEAregarding the Pulaski Theatre. Mr. Draper had suggested that the threatre be used for live performances as he felt this use would bring people into the downtown area. It is understood that the County is talking about using the theatre for a year while the courthouse is being renovated/rebuilt. As additional information is obtained, Mayor Hancock will share with the Town Council and also with Mr. Draper. Mrs. Kirkland questioned if the Town was not supposed to have a theatre or restaurant at the Memorial Square Shopping Center. Mayor Hancock advised this was a possible use they wanted to make of the property. ZONING Councilman Crispin stated he had asked Mr. Terwilliger to find out what the proffers were, specifically about the out parcel at Memorial Square. Mr. Terwilliger reported that the proffers were specifically no fast foods on any of the outparcels. Nothing was said about convenience stores. The court mentions in its opinion, that the additional land, 1.7 acres acquired for the use of a theatre, restaurant, or other use. It was not limited in the court action and the Judge specifically used 9062 February 18, 1992 the phase "other use, so it was specifically understood by him that it was not limited to a theatre or a restaurant. Mayor Hancock stated that we have money in our budget for the summer concert series and plans will be made for these events. NEWS Mayor Hancock stated that in regard to the call-in line being MEDIA conducted by the Southwest Times, there were concerns about the Town. OPINIONIn regard to the traffic lights at Hardees and Rt. 99 and Edgehill, the Engineering Department will take a look at the timing, and also the traffic light at Main and Washington Ave. Cleanliness at the Post Office and Rt. 11 were also mentioned in the "opinion" article, however, Krogers and the Post Office are private properties. Mayor Hancock stated that cost of the Council retreat was reported in minutes of the last Council meeting. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. TOWN MANAGER'S REPORT Mr. Holycross reported that the bids for the the sewer contract for Cool Springs sanitary sewer project were opened, with the low bid being SEWER received from Aaron J. Conner, General Contractor,..Ro,a~oke in the amount of $176,756. The budget for the sewer portion of the project was $197,100. The project will be funded out of the $380,000 Community Development Block Grant that the town received for the Cool Springs Neighborhood Improvement Project. Mr. Holycross reported that we are in the process of preparing another grant application for tree planting. The Town received $5,500 GRANT grant last fall for street trees to be planted along Rt. 99, Washington Avenue, and Sixth Street. These trees will be planted this spring. We anticipate that another grant application will be for another $5,500. If successful in obtaining this grant, plan specifications will be brought back to Council. As Mr. Holycross had requested an Executive Session, Councilman Neblett so moved that Council go into Executive Session under 2.1-344 A3, Real Estate matter, seconded by Councilman Graham and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent At 8:34 p.m. Council went into Executive Session. At 8:40 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Crispin, seconded by Councilman J. R. Schrader and carried. February 18, 1992 9063 ~, Councilwoman Copenhaver so moved that Certification Resolution be adopted, seconded by Councilman Crispin and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye 3. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James M. Neblett - Aye Robert N. Glenn - Absent Gary C. Hancock - Aye At 8:40 p.m. Council adjourned on motion made by Co 'lman Neblett seconded by Councilman Graham and carried. APPROVED: _ ~ (~ Mayor 1 ATTEST: ~~ Cler c of Council ~~