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HomeMy WebLinkAbout06-20-89June 20, 1989 8560 Minutes of the regular meeting of the :=~ulaski Town Council held June 20, 1989, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: P4ayor Gary C. i%ancoc Council Members: James M. Neble~t, J. Mary Lou Copen;aver, Andrew L. Graham, W. Alma H. Holston, Ira k, presiding P,. Schrader, Jr., James R. Neighbors, H. Schrader, Jr., S. Crawford Also Present: Frank Terwillicer, Town Attorney Daniel E. McKeever, Tocan Manager Anne Burgess, i~:ssistant Town Manager Ruth A. Harrell., Clerk Visitors: Dee Lindsey an<:: Madelyn Rosenberg of the news media Claud Kirkland Steve Vermilli~:~n Dan Grubb 40 citizens The invocation was given by Councilman Neblett. The first item to be taken. up by Council was the Vermillion rezoning application. REZONING Councilman W. H. Sct-irader read the P1ar~ning Commission's report on this request as follows: "The Commission voted 4-3 to recommend that Town Council approve application #89-6CRZ which encompasses rezoning a total of 21.87 acres on the northwest side of Memorial Drive from: RO to B-1 Conditional in accordance with the written proffers submitted, and all preliminary and final site plans for the development, incluc,ing sign and building renderings, materials board, landscaping anc~ grading plans. Included as a proffer is the condition that the 20 acre ti= on the southeast side of Memorial Drive remain as currently zoned fo,_ a period of three years. Also included as a part of this motion is our understanding and intention that the area in question automatically revert to Residential/Office should Vermillion Develop:anent Corporation fail to honor the aforementioned agreement or decide not to build the approved shopping center through to completion. Further it is recommended that a p<~rformance bond, cash escrow, letter of credit, or combination thereof, be required (amount to be determined by Towr Council) to insure that the submitted Erosion and Sediment Control Plan is followed." Vice Mayor Neighbors made a motion that= rezcning application #89- 6CRZ encompassing 21.87 acres on Memorial Drive be approved from RO to B-1 Conditional in accordance with the written proffers, sign and building renderings, materials board and landscaping plans for the following reasons: 8561 June 20, 1989 REZONING - 1. This proposal will not impact the light, air or access any more MEMORIAL DRIVE than uses currently permitted in the present RO zoning. 2. Traffic will increase but should be adequately handled with the traffic light at Rt. 11 and Memorial Drive. I should point out that the traffic light is needed now and traffic would also increase with full RO development. 3. The project is the highest and best use of the property given the number of times there have been requests to rezone it commercially. This project, with the attached conditions, will be an attractive addition to this area. 4. This proposal will have limited or no impact on other Town services; Police, Fire, Public Works, Recreation and Utilitie 5. This project does not encroach upon a historic area. 6. This project will have a significant impact on the Town's tax base and create new jobs. The project will fill a need in the service/retail sector of the Town's economy. Motion amended to include the Planning Commission's recommendations. Motion then seconded by Councilman Neblett. Mr. Terwilliger stated as he understood motion, the motion went only to the 21.87 acres on one side of the road. The proffer in front of Council is for the total 41.87 acres including 20 acres on the other side of the road which would change from RO and R1 to RO Conditional and R-1 Conditional; that is, they would also be marked so that any prospective purchasers would take notice of the fact that there is a condition, that the proffer attached to them, that they would remain the same for three years. Mr. Terwilliger stated that an Ordinance should be adopted to amend the zoning map and will be presented at the June 27 special meeting of Council. Mr. Terwilliger brought to Coui:cil's attention the proffer of the traffic light at the intersection of Memorial Drive and Rt. 11. Included is special language that in the event that this was held by a court to be unenforceable, that the rest of the proffers would stand. Vice Mayor Neighbors amended his motion to include Mr. Terwilliger's remarks with Councilman Neblett including these amendmen in his second. Councilman Graham read a statement as follows: "My remarks are concerning the proposed rezoning of a total of 21.87 acres on the Northwest side of Memorial Drive, including as a proffer (Planning Commission report) the condition that the 20 acres on the Southeast side of ;4emorial Drive remain as currently zoned for a period of three years. Councilman Rocky Schrader originally asked for five years, however, the Town Manager reported that the owners would agree to three years before requesting rezoning 20 acres on the Southeast side of Memorial Drive. I am opposed to the rezoning for the following reasons: (1) I believe that the Town citizens in the general area of Memorial Drive selected this part of our town to build or purchase a home in order to live in a quiet, beautiful residential area. June 20, 1989 8562 REZONING, CONT.. (2) I further believe that a desirable residential community is a vital asset for our Town of Pulaski to attract new industry and additional new commercial business. The are,=~ along P~~emorial Drive and in the eastern area represents this type of asset. (3) I want to remind Council that about ;25,000 of taxpayers' money has been spent for a Land Use Plan, Zoning Regulations, and are working on a Comprehensive Plan. I believe that there ordinances adopted for the Town of Pulaski should be based on integrity and have a long-lasting value. (4) I do not believe that the net incre•_~se in taxes and employment will be as high as has been reported. We wi:11 lose some taxes and employment in other areas of our town if this; shopping center is built. (5) I believe that the request for rezoning before us is similar to the one that was defeated March 16, 1989. W=' are harassing our town citizens--they deserve better. We are not a~.lowing them a year's grace as spelled out in our Zoning Regulations fou<~d in Article 9, Section 7, One year Limitation. (6j Industry will not come to a community if desirable residential area is not available. (7) The real issue is zoning. We want economic growth, but orderly growth that will benefit our town. The Zoning Regulations were adopted after considerable study by our Ordinance Committee and Planning Commission to promote orderly growth and to provide a land use plan to accommodate all sectors--industrial, commercial and residential. If the rezoning request is approved, the Mayor, Council, Town Manager, and Assistant Town Manager will loncx be remembered by the very citizens we represent in changing their neighborhood from beautiful residential to a commercial-residential area. I further believe that if this zoning request is approved the area alanq both sides of Memorial Drive from Pepper's Ferry Road to U.S. 11 will develop as commercial property. The Pandora box will have been opened.. Mayor Hancock, Council members and town citizens, I believe that it is in the best of our town not to rezone Memorial Drive from R-0 to B-1 Conditional for the reasons stated". Mayor Hancock stated the last time the rezoning of Memorial Drive came up, he recused myself and cid not vote sin the proposition. The reason was that he had been advised by the Virginia State Bar that because of his firm's involvement in the matter, that he could not vote. Contrary to what has been reported, it was not a matter for him to decide whether to vote or not to vote; it was a matter that he had been advised that he should not vote. He felt that what he did was proper and ethical under all considerations. Since the new proposal has come up, he had occasion to again request an opinion from the Virginia State Bar since his firm no longer represents the owner of the property. He was advised by the attorney for the Virginia State Bar that he was free to vote as he deemed fit on any proposal that might come before Council with regard to the Memorial Drive proposed rezoning. He wished the record to reflect the change in the situation. n J 8563 June 20, 1989 Mr. Claud Kirkland addressed Council with things he felt should be included in the ordinance. He stated that Mr. Vermillion has, on many occasions, verbally stated that the shopping center will not be built unless Wal-Mart builds a store there. This is not in any written correspondence. He felt it should be in writing. He felt that Council had not done their homework. Motion, including two amendments, then carried on the following recorded vote: REZONING James M. Neblett - Aye Andrew L. Graham - No MEMORIAL DR. J. R. Schrader, Jr. - No W. H. S chrader, Jr. - Aye APPROVED Mary Lou Copenhaver - Aye Alma H. Holston - No James R. Neighbors - Aye Ira S. Crawford - Aye Councilman Graham questioned Mr. Vermillion that if Wal-Mart did not build, would he withdraw the construction of this strip shopping center with Mr. Vermillion stating "yes, sir", Mr. Graham. He has stated on several occasions that he would not build without Wal-Mart, and would provide the Town Manager with a letter stating this. Mayor Hancock stated this had been a difficult issue for the citizens and a difficult issue for the Council. He hoped that the citizens and Council could continue to work together and could put this issue behind them, and emphasize the positive things that are happening in Pulaski. On motion made by Cauncilperson Holston, seconded by Councilman Neblett and carried, the minutes of the regular meting of June 6, 1989, and the minutes of the public hearing of June 6, 1989, were approved as recorded. Mayor Hancock advised that as advertised, next on agenda was the public hearing on the proposed fiscal year 1989/90 budget for the Town of Pulaski. No one spoke for or against the proposed budget. PUBLIC HEARING Councilman Crawford called for a budget work session, following by BUDGET a special council meeting to adopt the budget, for Tuesday, June 27, 1989, at 8:00 a.m. Mr. Dan Grubb questioned the effective date of the ordinance on rezoning with Mr. Terwilliger advising that ordinance could be effective upon adoption. Mr. Terwilliger stated he will have amended ordinance ready for Council's review at the special meeting on Tuesday. There being no further comments from the public, Mayor Hancock called for Council Committee reports. UTILITIES COMMITTEE Chairman Neblett had no report. ORDINANCE COMMITTEE Chairman Schrader had no report. PUBLIC & PERSONNEL NOMINATING COMMITTEE Chairman Neighbors had no report. June 20, 1989 8564 PUBLIC OPERATIONS COMMITTEE Chairman Graham had no report. A committee meeting will be scheduled next week. FINANCE COMMITTEE FRONT END LOADER Chairman Crawford advised that the Finance Committee had met. The Public Works Dept. is in need of a Front Enc Loader and bids have been received in the amount of $69,464.21 and $71,655.00. Chairman Crawford moved that $39,259 received from the sale of the landfill equipment and accepted by the Council on February 7, 1989, and that "a 15,102.61 be appropriated from both the Water and Sewer fund Unappropriated Surpluses and that all $69,464.21 be moved to General Fund Acct. #9400-507002-20 and be approved for expenditure, 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 - Rye Ira S. Crawford - Aye DEPT. OF HIGHWAYS Chairman Crawford advised that a bill had been received from the Virginia Department of Highways for our 5o cf the construction project cost in the amount of $1,098.14 and so moved that $1,098.14 be appro- priated to General Fund Account No. 1225-50"1040 from General Fund Unappropriated surplus for payment of the Tnwn's 5o cost of engineer- ing for work on Commerce Street Bridge, P_nnacle Street Crossing and Downtown traffic lights, seconded by Counci~man 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 I4ary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye LEASE Chairman Crawford stated a request had been received from the Vance Co. to renew their lease on the little building next to Fire Station. They would like to lease at the same terms for one year with a renewal option for an additional year. Chairman Crawford so moved that we authorize the Town Attorney to draGa up that lease, seconded by Councilman Neighbors and carried on ttie 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 INSURANCE Chairman Crawford advised that bids had been taken on property and lia- bility insurance beginning July 1st and so moved that placement of our coverage as follows: Property & General Liability with Continental insurance, $187,799; Public Officials with State of Virginia, $2,490; and Law Enforcement with State of Virginia, $13,123. P4otion seconded by Councilman Neblett 8565 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 'CERTIFI- CATION INFO . MAYOR'S REPORT Mayor Hancock advised he will be going to Richmond June 22 to meet with the Governor. At this time, presentation will be made to the County, Town of Pulaski and Town of Dublin with the certification docu- ments advising that hte State has designated these three jurisdictions as Certified Business Communities. Festivities will be held in the Town next Tuesday sponsored by the Chamber of Commerce and PEP that will bring the certification back to the community. Mayor Hancock requested that Town Attorney prepare Resolution honoring Ken Dobson and Resolution honoring Nancy Newhard. The Resolu- tions will be adopted at the special meeting on June 27. Mayor Hancock requested an Executive Session on a Personnel Matter under 2.1-344 A1. TOWN ATTORNEY'S REPORT M OF Mr. Terwilliger reported that he had attended today with Pos. ACT Burgess and Chief Williams a seminar in Roanoke on the Freedom of Information Act. Mr. Terwilliger will prepare a memorandum to Council concerning the new procedures that need to be followed. He suggested for the first couple of months, if Councilmembers know in advance They will be requesting Executive Session, that he help with the motions. TOWN MANAGER'S REPORT Ms. Burgess advised that a dance permit has been requested for the night of June 23 at Calfee Park after the Braves game until midnigh RECREATIOI~ponsored by WPSK and the Braves. We do have a noise ordinance that pro ibits the noise from reaching a certain level. The permit limits the hours of operation of amplifying equipment from 10:00 a.m. to 6:00 p.:n. It was Ms. Burgess' opinion that this being connected with an athletic and recreation activity could fall under the exemption in ordinance which says that this section shall not apply to participants in a school band, any school +~ctivities or recreation department activities, athletic activities, or in a lawful parade. Council discussed insurance for this eSaent and felt a hold harm- less agreement should be enacted. They also discussed police for this event and payment for these officers. Officers are assigned by the Town to patrol the area. Councilman Neblett moved that the dance permit be approved, provid- ed that dance is terminated at 12:00 a.m. and that all amplifying equip- ment is directed toward the grandstand, that liability insurance and indemnity agreement meet with the approval of the Town Attorney. Motion seconded by Councilman Neighbors and carried on the following recorded vote: June 20, 1989 8566 James M. Neblett - Aye Andrew .L. Graham - No J. R. Schrader, Jr. - Aye W. H. S~~~hrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye TRAIN ST. Ms. Burgess reported that the caboose nos be?n moved to its perma- nent location at the train station at a cos: of $13:..30 which is less than amount previously approved. Mayor Han~~ock will write letters of appreciation to persons involved in this project. Rather than being placed on concrete p<_~.d, caboose was placed on tracks. Mr. Terwilliger reported that he had been no~ified by Norfolk and Southern that deed had been executed and they have faxed him a copy. SEWER Ms• Burgess informed Council that triere had been a sewer line that leaked into Peak Creek which has now been repaired. There was some fish kill and the State Water. Control Board has been notified and reviewed the site. A ful:_ engineering report will be provided to Council. In discussing the cleaning of Peak CreE=k, it was reported that the contractor is alongside the pump station no~~, and is probably close to completion. Pos. Burgess requested an Executive Session on a legal matter under 2.1-344 A6. ZONING Councilman Rocky Schrader reported th~i~ at the last meeting, CON.Council was informed that the Planning Commission voted on the Fortner USE conditional use application No. 89-5CU to aI>prove the application as presented to them with no additional conditions. Councilperson Holston moved that application #89-5CU for the 3 apartment units at 506 N. Jefferson Ave. be -approved as submitted and in accordance with the Planning Commission'; report, seconded by Councilman Neighbors and carried on the following recorded vot: James M. Neblett - Aye Andrew h. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye PTary Lou Copenhaver - Aye Alma H. :~iolston - Aye James R. Neighbors - Aye Ira S. Crawford - Aye At 7:55 p.m. Councilperson Copenhaver made a motion that Council go into Executive Session, seconded by Councilman Neighbors and carried. At 8:46 p.m. Council returned to regul~~r session. on motion made by Councilman Neblett, seconded by Councilmen Neighbors and carried. Council then adjourned on motion made Z~y Councilman Neblett, seconded by Councilman Neighbors and carriec. APPROVED: ATTEST: Mayor ~~ ~ ~ ~~.~ Clerk of Council