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HomeMy WebLinkAbout06-06-89June 6, 1989 Minutes of the regular meeting of the Pulaski Town Council held June 6, 1989, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: James M. Neblett, J. R. Schrader, Jr., Mary Lou Copenhaver, James R. Neighbors, a Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Ira S. Crawford Planning Commission A. W. Anneski, William T. Smith, Jr., Members Present: W. H. (Rocky) Schrader, Roy D'Ardenne, Roy David Warburton, Joe Weddle Also Present: Frank Terwilliger, Town Attorney Daniel E. McKeever, Town Manager Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk Rebekah Corso, Secretary to Planning Commission Visitors: Dee Lindsey and Madelyn Rosenberg of the News Media J. B. Warner Mrs. Ernest Fortner Claud Kirkland Virginia Collins Dean Hufford Elizabeth Jackson Donald Glenn 17 area citizens The invocation was given by Councilman J. R. Schrader. PUBLIC HEARING Ptayor Hancock advised that first on agenda was public hearing held jointly with the Planning Commission regarding the conditional use application at 506 N. Jefferson Ave. Ms. Burgess advised that ordinance ado~>ted iri 1987 called for apartment development of three or more units to be as conditional use and this particular development is a conversion into three units. It is allowed in this particular zone as a conditional use. Mr. Dean Hufford, speaking as Chairman of the Official Board of First Christian Church, was opposed to rezoning. Apartment houses in the neighborhood are lived in by the people that own them; they are policed well and well taken care of. If owner not a resident, there is trouble. If rezoned, it will hurt the entire neighborhood. 8550 8551 June 6, 1989 PUBLIC Ms. Elizabeth Jackson, owner of Meredith Apartments across from this property also expressed that a lot of care in selecting renters HEARING was necessary. Parking is not a problem unless there are lots of (CONY) visitors. Mr. Donald Glenn expressed what quality rental property it will be and its association to the historical district. The Engineering Dept. did not feel there would be a problem with parking in this area. Also, Pir. Warburton stated there were several multi-family buildings in the area. Mr. Terwilliger stated that under the existing zoning on this pro perty, the apartments are a permitted use. The question is, is there going to be an impact on the neighborhood, and you are allowed in the code to put reasonable conditions {originating in Planning Commission and imposed by Council) to lessen any impact on the neighborhood or to make the impact more acceptable. At 4:19 p.m. Mayor Hancock announced that public hearing was adjourned. The Planning Commission moved to another room to discuss and make recommendation to Council. Council will not vote on this matter until their next Council Meet- ing. On motion made by Councilperson Holston, seconded by Councilman Neblett, and carried, the minutes of the regular meeting of May 16, 1989 and the minutes of the special meeting of May 17, 1989, were approved as recorded. SHOPPING Mr. J. B. Warner addressed Council regarding summons that members CENTER of Planned Progress had received in connection with the injunction REZONING they had filed against the Town with regards to the proposed shopping REQUEST center on Memorial Drive. Mr. Warner stated he did not know why the Town attorney went to the trouble of having summons issued when phone r_all would have sufficed. He further stated if he expected to in- timidate them, or harass them, he didn't, but if he expected to insult them, he did. They were not called on to testify. It was not recog- nized they were there. Mr. Warner stated Mr. Terwi lliger made the statement in court that Council could meet that night and rezone the whole Allison farm without public hearing, with out any other hear- ing at all. He asked if this was true. Mr. Terwilliger replied that this was not the statement that was made. The Council can initiate rezoning without any type of conditions being attachable to it; they can initiate the rezoning process. The rezoning process, whether initiated in conditional zoning or initiated by direct action of the Council or initiated by the Planning Commission, in any of three ways of being brought about, public hearings are always required for any rezoning. Mr. Warner stated they would go back and check the records. Also, the general public is confused as to what is being considered to be rezoned, and discussed at public hearing tonight. Clarification was made as to what proposal would be considered. Mr. Terwilliger stated the zoning map would be changed to reflect June 6, 1989 8552 a conditional zone. You would mark the property on both sides of the road as being zoned conditionally so that any purchaser will be put on notice that there is a restriction of some type on that property and they would have to come over and check the zoning records to find out what those conditions were. Mr. Graham questioned if Mr. Terwilliger did not tell them on the east side the three year moratorium is not a legal thing and would not stand up and Council could not impose this on future councils. Mr. Terwilliger replied, "No sir, that was the allegation made in the bill of complaint and that is one of the reasons various people were summoned in. The minutes will reflect that he specifically stated he felt this three year restriction was enforceable. Also, it is reflected in the memorandum he had previously furnished Council. You cannot physically prevent somebody from coming in and filing a request for re- zoning. They can come in and file it. Council can go ahead and have a hearing on it or just deny consideration at that point based on this restriction. We can refuse for a period of three years to entertain any type of rezoning request on the property." Mr. Terwilliger's recommendation would be if someone came in and made such a request, that if Council wished to deny it out of hand without a public hearing and if they want to appeal it, fine. That would be Mr. Terwilliger's recommendation that you don't go through the rezoning process - you simply deny consideration of it because it falls in the three year period. He felt it is enforceable and he felt comfortable trying to argue the enforceability of it. If the court were to decide that the person was entitled to at least a hearing on the merits as to whether or not the property should be rezoned within the three years, the natural presumption anyway is that the Town's zoning is reasonable. The burden of proof on any petitioner in any rezoning is to show that the Town is unreasonable; that their proposed use is more reasonable. There being no further comments from the public, Mayor Hancock called for Council Committee Reports. UTILITIES COMMITTEE Chairman Neblett had no report. Councilman Crawford advised that on 4A, it is still in limbo. Concrete barriers have been recommended between the columns in the east west direction. Mr_. Terwilliger reported on this pump vibration problem, no one had been released and no one would be released until problem is solved. Chairman Neblett stated that if our two representatives to Peppers Ferry recommended that we meet to discuss this situation, a meeting would be called. us. Councilman Graham felt the Town should have a consultant to advise ORDINANCE COMMITTEE Chairman Schrader had no report. PUBLIC & PERSONNEL RELATIONS NOMINATING COMMITTEE Chairman Neighbors reported that committee had met, and so moved that William D. Macgill, Jr. be reappointed to the Industrial Develop- 8553 June 6, 1989 ment Authority for a four year term, seconded by Councilman Neblett and carried. (PEPPERS Chairman Neighbors so moved that Jim Neblett be appointed to the 'FERRY peppers Ferry Regional Wastewater Treatment Authority to replace Daniel APPT. McKeever as alternate. The Term will run concurrently with Councilman Crawford and expire on December 31, 1992. Motion seconded by Council- man W. H. Schrader and carried. PUBLIC OPERATIONS COMMITTEE Chairman Graham had no report. FINANCE COMMITTEE TRAIN Chairman Crawford advised the committee had had two meetings. STATION One meeting was held at the Train Station to discuss various change orders on the construction contract. Gibson Worsham, Architect, had issued a letter explaining the need for change orders to replace three beams and additional beaded board sheathing due to hidden damage. Chairman Crawford so moved that change orders be approved to construction contract with Building Specialists to replace 70 rafters at $80.00 each, 3 beams at $981 each and 1,230 linear feet of beaded board sheathing at $1.20 per linear ft. and that $10,019.00 be appro- priated to account #1229-5806 from General Fund Unappropriated Surplus, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye The committee was in agreement to seek bids on rebuilding and repairing the chimneys prior to finishing the roof work and Chairman Crawford so moved that additional money be approriated to account No. 1229-5806 from General Fund Unappropriated Surplus, for labor and materials to rebuild the chimneys at the passenger station for an amount estimated to be $2,240.00. Motion seconded by Councilman Neighbors and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Councilman Graham stated we should have community support before undertaking this project. WATER BREAK Chairman Crawford advised that we had had a water line break on Longview Court and sediment that was in the line had gotten into a hot water heater causing damage. Chairman Crawford advised that to re- place water heater at low estimate would be $298.69 plus installation and committee felt it should not exceed $448.69. Chairman Crawford so moved that $448.69 be appropriated to account #102-2183-503004 Repair and Maintenance from Water Fund Unappropriated June 6, 1989 8554 Surplus, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye LOVING Chairman Crawford advised that the Loving Field septic system has FIELD failed and is presenting a health problem. Rids have been taken to correct this problem. Chairman Crawford so moved that $1,700.00 be appropriated to account #101-7104-50-7011 Improvement Other Than Buildings from General Fund Unappropriated surplus for repairs of the Loving Field sewer system. Motion seconded by Councilman Neblett, and after discussion, motion carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye Councilman Graham made a motion that the amount to correct the Loving Field sports complex sewer problem be deducted from the Recrea- tion Budget 1989-1990. Motion did not receive a second. MAYOR'S REPORT Mayor Hancock advised a resolution was before Council honoring Mildred W. Quesenberry. Councilperson Holston so moved that resolution be adopted, seconded by Councilman W. H. Schrader and carried. RESOLUTION RESOLUTION WHEREAS, Mildred W. Quesenberry has provided outstanding leadership and service to her Community as Den Mother of Pack 143 for 37 years; and WHEREAS, Mildred W. Quesenberry has been _~onored on numerous occasion by the Boy Scouts of America for her outstanding service to that organi- zation; and, Whereas, Mildred W. Quesenberry has greatly enriched the lives of over 500 boys with whom she has worked as Den Mother, and of whom 15 have become Eagle Scouts; and, WHEREAS, Mildred W. Quesenberry has also served her community as a Sunday School Teacher, Young People's Leader, President of the Robinson Track Homemaker's Club, has been active in t~7e Pulaski County Homemakers Clubs, and worked with 4-H Clubs, has served as Treasurer of the Pulaski Montgomery, Floyd and Giles County Homemaker's Clubs, Pulaski County Cancer Society, has been active in the Business Professional Woman's Club, and has served as President of that organization, been active in the American Association of Retired Persons, and has served as President of the Local Chapter, has worked with the Blood Mobile for the Recl Cross and served with the Salvation Army Kettle Auxiliary; and, WHEREAS, Mildred W. Quesenberry has serve~~ with diligence and distin- ction <<s a LPN at Pulaski Community Hospital for 50 years of continual service; and, 8555 8555 June 6, 1989 SHOPPING CENTER REZONING ACTION (TRAIN STATION WHEREAS, Mildred W. Quesenberry has served her community as a repre- sentative to the Silver Haired Legislature from Pulaski County and the Town of Pulaski; and WHEREAS, Mildred W. Quesenberry has provided outstanding leadership to her community; NOW, THEREFORE, be it RESOLVED by the Town Council of the Tom of Pulaski, Virginia, that P4ildred W. Quesenberry be, and hereby is, HONORED by the Town Council and the Mayor of the Town of Pulaski, Virginia, for her outstanding contributions and her long service to the Town of Pulaski. This Resolution is effective up adoption and is adopted June 6, 1989, by unanimous vote of the Town Council of the Town of Pulaski, Virginia. Mayor Hancock requested an Executive Session on a Personnel Matter under 2.1-344 (A1}. TOWN ATTORNEY'S REPORT Mr. Terwilliger reported for the record, that there was a hearing on Memorial Day on injunctive action brought about by a group of citi- zens trying to enjoin the public hearing scheduled far later tonight, and the court ruled that the question as to whether or not one propo- sal was essentially similar to the earlier proposal was a question for the Town Council and that in the absence of any arbritrary and capri- cious action, the judge was not going to enjoin such a hearing and basically denied the motion for the injunctive action. TOWN MANAGER'S REPORT Ms. Burgess requested that the architect be authorized to draw up the plans on the remainder of the work to be done on the train station and to try to seek some construction bids. We need to move ahead with this to spend the additional money the State has allocated. Councilman Neblett so moved that the Architect, Gibson Worsham, be authorized to proceed with construction plans and specifications on the remainder of work to complete the renovation of the train station. Motion seconded by Councilperson Copenhaver. Councilman Graham questioned why we had to go out of Town to get an architect for the train station. Ms. Burgess advised that in 1987 we advertised for requests for proposals for this architect and they were interviewed by committee consisting of John Hawley, Dan McKeever, Nick Glenn and Ms. Burgess. Mr. Worsham was the most experienced interviewed and he has been authorized to prepare construction plans for the exterior only. Motion then carried on the following recorded vote: James M. Neblett - Aye Andrew L. Graham - No J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lau Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye June 6, 1989 8556 Pos. Burgess recommended the first meet~~.ng in July, July 4th be changed to July 5th due to holiday. Councilman Neblett made a motion that July 4th Council Meeting be changed to July 5th at 4:00 p.m., seconded by Councilman Neighbors and carried. TRAIN Ms. Burgess advised that during that time we would probably have STATa public hearing on the FmHA loan for the train station. CEMETERYP4s. Burgess advised that the cemetery paving project is completed at a total cost of $23,567.95 and 975 tons of asphalt. The appearance of Pinehurst Cemetery and Oakwood Cemetery is much improved. Ms. Bur- gess is to set up a meeting of the Cemetery Trustees regarding possible fee increase for the sale of the lots. Ms. Burgess informed Council of a seminar to be held June 20 in Roanoke by the Attorney General's Office and the VML on amendments to the Virginia Freedom of Information Act. Members were encouraged to attend. Pos. Burgess advised the public hearing on the budget has been scheduled for June 20, 1989, at 7:00 p.m. GRANT Ms. Burgess informed Council that the Town has been awarded a $12,000 Division of Historic Landmarks grant to survey all historic resources in the Town not yet surveyed. The grant project will place specific emphasis on a potential historic district on the southside. COND. USE Councilman W. H. Schrader advised that the Planning Commission recommended that the conditional use application be approved as submitted at 506 N. Jefferson Ave. Vice Mayor Neighbors read a press release: Mayor Gary C. Hancock has been appointed by J. Willard Lineweaver Mayor of Warrenton and President of the Virginia Municipal League to chair the 1989 Virginia Municipal League Community and Economic Develop- M ment Policy Committee. The Community and Economic Development Policy ACommittee has as its duties the documentation of the needs and con- Ycerns of the member localities of the VML by developing policy state- 0 ments. The Committee's primary areas of concern are economic develop- R ment, housing, local planning, and zoning and land use. The committee is made up of some 50 elected and administrative officials from throughout Virginia. At 5:23 Council went into executive session on motion made by Councilman Neighbors, seconded by Councilman J. R. Schrader and carried. At 5:30 p.m. Council returned to regular session. TOWN MGR. Personnel Committee Chairman Neighbors made a motion that Anne Burgess be appointed interim Town Manager until such time as a new Town Manager is hired and begins work, and that Ms. Burgess's salary as interim manager be set at $36,398 annually. The discussion indicated the effective date of such appointment was to be July 1, 1989, but that Ms. Burgess had the authority to act 8557 June 6, 1989 in the absence of the Town Manager. ', TOWN MGR. Motion seconded by Councilman Neblett and carried on the following (CONT. recorded vote: James M. Neblett - Aye J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Aye Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Aye Ira S. Crawford - Aye Council returned to Executive Session. At 6:15 p.m. oi~s motion mad by Councilman Neblett, seconded by Councilman Neighbors and carried, Council returned to regular session and adjourned. APPROVED: Mayor ATTEST: ~~~.~~,~ Clerk of Council 1 ~L. June 6, 1989 8558 Minutes of the Public Hearing of the Pulaski Town Council held jointly with the Town Planning Commission oti June 6, 1989, at 7:00 p.m. at the Pulaski Middle School. There were present: Mayor Gary C. Hancock, presiding Counr_il Members: James M. Neblett, J. R. Schrader, Jr., Mary Lou Copenh<~ver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Ira S. Crawford Planning Commission: Dr. A. W. Anneski, William T. Smith, Jr., W. H. Schrader, Jr., Roy D'Ardenne, Joe Weddle, Andy McCready, David Warburton Also Present: Frank Terwilliger, Town Attorney Anne Burgess, Assistant Town Manager Ruth A. Harrell, Clerk -' Rebekah Corso, Secretary,Planning Commission Visitors: Dee Lindsey and Madelyn Rosenberg of the news media 110 area citizens The invocation was given by Councilman Neblett. PUBLIC HEARING P4ayor Hancock advised the purpose of the public hearing was to consider a petition to rezone from R-0 Residential to B-1 Business Condii~_onal 21.87 acres on the northwest side of Memorial Drive and the remaining portion of the property is being proffered as a condition of the entire proposal to remain as currently zoned for a period of three years. P4ayor Hancock gave the guidelines that would be followed during hearing. Speakers were then heard in order of registration. Rod Layman, Attorney for the Concerned Citizens for Planned Progress, Oreta Yelton, 805 Oakhurst Avenue, J. B. Warner, Oakhurst Avenue, Nancy Talley, 1231 Collins Drive, John Phillips, 1133 Camper Avenue, Claud Kirkland, English Forest Road, Danny Talbert, 1616 Hollyfield Drive, Bobby Hall, 1217 Memorial Drive, Dan Grubb, Bainbridge Drive, Polly Mitchell, 600 Prospect Avenue, Clyde Hanks, 2019 Lee Highway, Jeff Willis, Virginia Collins, Anne Montgomery, Ramona O'Dell, 1317 Peppers Ferry Road, Ralph c;rubb, Beverly Ratcliffe and Bill Scott spoke in opposition to the proposed zoning. Some reasons being: Proposal is substantially similiar to the one recently defeated; Memorial Drive is residential in nature; other centers have empty stores and in poor condition; citizens were being harrassed. Pir. Alan Groseclose addressed Council and Planning Commission in regard to the rights of the property owner and developer. [1 8559 June 6, 19$9 Mayor Hancock thanked the citizens for attending, and at 8:35 p.m. adjourned the public hearing. Synopsis of Public Hearing is attached to .permanent file copy of these minutes. ATTEST: ~. ~ _ Cl rk of Council APPROVED: Mayor :1