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HomeMy WebLinkAbout05-17-77 Minutes of the regular meeting of the Pulaski Town Council held May 17, 1977 at 7:00 P. M. in the Council Chamber in the Municipal Building. As had been advertised in the Local newspaper, this meeting was to be a joint Public Hearing with the Town Planning Commission and .Town Council on the petition of H. T. Bowling and Ola S, Bowling, his wife, requesting that a parcel of land containing 4.90 acres, situated at the southwest intersection of U. S. Route 11 and Memorial Drive in JOINT PUBLIC the Town of Pulaski, now zoned Residential, R-1, be rezoned Business, HEARING B- 2 . There were present: Mayor Raymond F. Ratcliff, presiding. Councilmen: C. William Hicka, Jr., James M. Neblett, Bob J. Clark, Andrew L. Graham, Jr., Arthur L. Meadows, William A. House, Blair B. Brockmeyer, John A. Johnston Also present: Town Manager: J. E. Marshall Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Town Treasurer: Roger Williams Town Engineer: H. R. Coake Town Planning Commission Members; John R. Powers, Chairman; Mrs. Chas. Settle A. D. Clark Bob Ingram George Hillsman Visitors: J. R. Schrader, the Southwest Times Jane Graham, WPUV Radio Station Eugene Nuckols, Attorney for H. T. Bowling, et ux H, T, Bowling Approximately 50. residents of the area of Rt. 11 and Memorial Drive The invocation was given by Councilman Johnston. The minutes of the regular meeting of May 3, 1977 were approved as recorded. MAYOR Mayor Ratcliff welcomed the large crowd in attendance, and advised WELCOMED VISITORS the Council would be glad to hear any one on any matter other than the rezoning request at this time, and that the rezoning matter would be heard later. J. B. Warner of Oakhurst Avenue brought to the attention of Council the thistle problem on Oakhurst Avenue and Memorial Drive. This complaint THISTLE COMPLAINT was referred to Town Manager Marshall. As there were no further matters presented by any individual, Mayor Ratcliff advised this was the time and place, as advertised in the local newspaper, for hold ing a joint Public Hearing with the Town Planning ('1 'l May 17, 1977 Commission on the petition of H. T. Bowling and Ola S. Bowling, his wif e, requesting that a parcel of land situated at the corner of Route 11 and Memorial Drive be rezoned from R-1 to Business, B-2. Mayor Ratcliff further stated this is the proper legal procedure in such matters and there should be no hard feelings MAYOR on the part of any one as to the outcome of this request. Mayor STEPS DOWN & VICE MAYOR Ratcliff further stated that because he was so closely associated GRAHAM PRESIDES with the subject, and living in the immediate area, he must AT JOINT PUBLIC HEARING disqualify himself, and turned the meeting over to Vice-Mayor ON R EQ . FOR REZONING Andrew L. Graham, Jr. Vice-Mayor Graham took the chair and recognized the members of the Town Planning Commission in attendance. Vice-Mayor Graham stated the joint public hearing of the Town Council and Town Planning Commission was in session to consider the petition of H. T. Bowling and Ola S. Bowling requesting the rezoning of a parcel of land at the corner of Route 11 and Memorial Drive from R-1 to B- 2 . Town Manager Marshall advised that the joint public hearing had been properly advertised; that the petition of H. T. Bowling and TOWN MGR . ADV. PROPER Ola S. Bowling had been received by the Town Council and ref erred PROCEDURES HAVE BEEN to the Town Planning Commission. Mr. Marshall ft~'ther stated the TAKEN Town Planning Commission had considered the petition at its meeting on March 22nd, together with a letter or petition signed by approxi- mately seventy residents in the area, expressing their opposition to rezoning of the said parcel of land, and the Commission recommended that the Planning Commission and Town Council hold a joint public hearing on the request at the May 17th meeting. Eugene Nuckols, Attorney, advised that he was representing ATTORNEY Mr. Harry T. Bowling and wif e, Ola S. Bowling, who own a small NUCKOLS PRESENTS tract of land, 4.90 acres, at the intersection of Route 11 (Lee PETITION OF H.T.BOWLING Highway) and Memorial Drive, and have asked that it be rezoned ET UX FOR REZONING Business, B-2. Mr. Nuckols pointed out that the land adjacent to this tract of land is zoned B-2, and, further, that Memorial Drive has changed the character of the area, especially the Barker subdivision known as Sunset Hills, and that Mr. Barker has now also May 17, 1977 ~ ~ ~~ asked that this property be rezoned B-2 from R-1. Mr. Nuckols displayed a map showing an electric power line which crosses the Bowling tract of land, and stated because of this line the property could not be developed as residential. Mr. Nuckols also stated Memorial Drive is a four lane highway, with commercial lights, which has caused the character of the land to be changed and asked that same be rezoned. He advised that Mr. Mark Bowers has an option to purchase the land for the purpose of erecting a funeral home at this site, and brought out the hazardous conditions existing at the present Bower Funeral Home on Jefferson Avenue in a residential area of the town, and stated in his opinion the proposed location of the funeral home would be complying with the intent of the Zoning Ordinance with regards to parking and hazardous conditions. Vice-Mayor Graham asked if there were others present who wished to RESIDENTS speak either for or against the rezoning request. OF WINDOSR Dick Barthemehs, who lives at 1152 Windsor Avenue, in the Sunset CIRCLE Hills Subdivision, stated he has in his possession a document that AREA HEARD designates Sunset Hills as being a residential subdivision. He also asked if the Planning Commission had considered the request, and was RE: RS- advised by the Commission's Chairman, John Powers, that it had. Mr. ZONING Bartemehs asked if it was considered in a closed or open session, and Mr. Powers answered the petition for rezoning was on the agenda of the Commissions regular meeting and each member of the Commission has been advised to familiarize themselves with the situation. Mr. Powers further stated each member has studied the situation and were told to come prepard for the joint public hearing; that all had looked the site over. Ralph Grubb and Dr. A. W. Anneski, both residents of Sunset Drive and Windsor Avenue, .respectively, were opposed to the rezoning. Mr. Grubb presented a map of the original plat of Sunset Hills, and advised that he purchased the land with the understanding the undeveloped portion would later be developed residential. Mr. Grubb further stated he felt if the area was rezoned Business other requests would be made for rezoning to business and as a residential owner he must object. Dr. Anneski stated he opposed spot zoning, and also stated he felt a Funeral Home at this location would be even more hazardous because of bereaved and ~" "~ May 17, 1977 e.~~.~ ~)e.~ distraught persons leaving the Funeral Home and driving out into a four lane highway. George Vlahos, who lives on Windsor Avenue, opposed, and stated business should be kept downtown and not infringe onto the residential area. Mrs. Evelyn Hall English, whose father once owned the site in question and the land on which the surrounding residential area has been developed, stated she is still owner of much of the land in the area and must oppose the request for rezoning to business. Mr. Nuckols then advised that should the request for re- RESIDENTS zoning to Business, B-2 was denied, he felt it should be rezoned R-2. There was a discussion regarding what is allowed in an R-2 zoned area, and HEARD OPPOSING REZONING R EQUES T this would mean that not only multi-family units could be built in an R-2 zone, but would include some forms of business such as restaurants, etc. J. B. Warner stated the area was zoned residential before the construction of Memorial Drive and it was his hope it would continue to be residential; that Memorial Drive was constructed for the purpose of pulling traffic off of Peppers Ferry Road. Mr. Warner urged the Town Planning Commission and Town Council to resist any and all requests for spot zoning on Memorial Drive. Mr. Barker, owner of lots in the Sunset Hills subdivision stated if this should be rezoned, then certainly he would ask that his property be rezoned also. There were other residents of the immediate area present and opposed the rezoning by speaking out, namely: Homer Rogers, Bill Smith, and J. R. DeWitt. They also brought out the possibility of reassessments if rezoning is granted. Mark Bowers stated you can't stand in the way of progress, and brought out the fact that a Church is being built on Memorial Drive. At 8:00 P. M. Vice-Mayor Graham stated this would conclude the COUNCIL RECESSED FC~ 0 R PLANNING COMM. TO MEET & ~., REPORT TO COUNCIL hearing, as no one else wished to speak, and asked the Planning Commission if they wished to recess and report back to this group their recommendation. Vice-Mayor Graham declared Council in recess. i May 17, 1977 At 8:10 P. M. Vice-Mayor Graham declared Council to be again in COUNCIL session and as there were no other persons present who wished to speak RECONVENES on any other matter, called for Committee reports. Councilman Hickam had no report. COMMITTEE REPORTS Councilman Graham reported that since the last Council meeting a meeting of the Utility and Finance Committees was held to discuss the possibility of submitting an application to the Appalachian Regional Comm- fission for funds to be used in the town's infiltration/inflow study of wastewater lines. Mr. House stated the subject was discussed by the POSSIBILITI'inance Committee and felt the matter should be discussed further bef ore OF APPLY- ING FOR reporting back to the Council, Inasmuch as the application must be filed ARC FUNDS FOR I&I by June 1, Mr. House assumed that a special meeting of Council would be STUDY OF SEWER necessary to adopt a resolution on the ARC funds application. Mr. House PROJECT explained to the citizens present the necessity for the infiltration/inflow study, and stated that expense involved in the project might be less than the millions that could be involved without the correction of the infiltration into the sanitary sewer lines. Councilman Brockmeyer had no report, but did inquire relative to the cleaning of lots for the summer. Councilman Johnston reported that the Land, Building & Parks Committee and the Recreation Committee .have been studying for sometime REPORT ON the renovation of the old Municipal Building for a Senior Citizens Center. RENOVATION OF OLD He stated the original estimate for renovation was $27,660 and that the MUN.BLDG. FOR SENIOR building was in pretty bad shape. He stated a grant from the Office•_on CENTER Aging in the amount of $20,154 was approved and the Town's in-kind share CETA FUNDS AUTHORIZ- was $6,000. It was then found that the estimate did not include a first ED class project or .building, and needed insulation; and insulation glass for the front, plus furniture and fixtures, which brought the estimate up to $37,000. In the meantime the Town Manager and his staff continued their investigation and found that a part of this cost can be offset by using six people under a CETA grant in the amount of $11,466. In terms of getting the building renovated for approximately $36,000 using CETA funds, the two Committees are now in position to recommend to the Council the approval of the project, and that the budget for the next fiscal year carry the sum of $5200 for operation of the Center . t:. ~~::1'`.~~~ May 17, 1977 As Chairman of the Recreation Committee, Councilman Clark stated it was felt the project was worthwhile, and it will be operated under the Recreation Department and will be an asset to the Town. It was the recommendation of the two Committees that the Town Manager be authorized to make application for CETA funds. Councilman House moved that the Town Manager be authorized to make application for CETA Funds for the Senior Citizen Center project. The motion was seconded by Councilman Neblett. There followed some discussion during which Councilman Graham stated he was opposed because the Town is taking on the burden of providing the Center as well as the expense of operating same for the Councy and the entire surrounding area. The following vote was taken and carried: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - no Bob J. Clark - aye AUTHORIZED Blair B. Brockmeyer - aye Arthur L. Meadows - aye RENOVATION OF John A. Johnston - aye James M. Neblett - aye OLD MUN. BLDG. FOR SENIOR Councilman House moved that the Senior Citizen Center be CENTER authorized, with the CETA Funds to be fo rth coming at a later date. The motion was seconded by Councilman Johnston, and carried on the following vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - no Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston -.aye James M. Neblett - aye At 8:40 P. M, the Town Planning Commission returned to the meeting and Vice-Mayor Graham asked if they were ready to make a report. John Powers, Chairman of the Commission, reported that the Town Planning Commission, with all members being present, met and PLANNING COMM. after careful consideration recommended to the Town Council that the RECOMMENDS CLF,SSIFICAT-zone classification to that parcel of land on the southeast corner ION REMAIN of the intersection of Memorial Drive and Route 11, as petitioned by H. T. R-1 Bowling and Ola S. Bowling, remain Residential R-1 classification. Vise-Mayor Graham advised Council that they had heard the recommendation of the Town Planning Commission and what was their 1 pleasure? May 17, 1977 Councilman Neblett moved, without any further delay, that the COUNCIL recommendation of the Town Planning Commission be accepted. The motion ACCEPTS RECOMD. OF was seconded by Councilman House, and carried on the following recorded PLANNING COMMISSION vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett - aye Thus ended the Joint Public Hearing. As Chairman of the Finance Committee, Councilman House reported it was the recommendation of the .Finance Committee, and so moved that the following amounts be appropriated from Revenue Sharing Funds to Revenue Sharing Expenditure Account Numbers as follows: APPROPRIATIONS Project ~~4001 - Recreation-Macgill Village $ 2,000.00 FROM REV. SH. ~~ ~k4002 - Recreation-Loving Field 3,000..00 TO REV. SH. EXP. ~~ ~p4050 - Recreation-Playground Equipment 6,000.00 ACCOUNTS ~~ ~~4034 - Mowers 6,000.00 " ~~4070 - Memorial Drive Settlement 100.000.00 $ 117,000.00 The motion was seconded by Councilman Clark, and carried on the following recorded vote: C. William Hickam, Jr. - aye William A. House - aye Andrew L. Graham, Jr. - aye Bob J. Clark - aye Blair B. Brockmeyer - aye Arthur L. Meadows - aye John A. Johnston - aye James M. Neblett - aye Councilman Clark had no fuurther report. Councilman Meadows had no report. Councilman Neblett reported that the matter of a Police investiga- tion has been. ref erred to the State Police by the Commonwealths Attorney, POLICE INVESTIG.and the Safety Committee is continuing to look at this problem but have REF . TO STATE not been in contact with the State Police as yet. POLICE Town Attorney. Moore had no report. Town Manager Marshall reported that it seems a majority of the r;~~`~~: merchants along-Main Street between Jeff erson Avenue and Was~iington Avenue approved the dosing of this portion of Main Street and in view of having received a proper Certificate of Insurance, a permit for closing Main PERMIT FOR Street between Jefferson and Washington Avenues to vehicular traffic on CLOSING ST. FOR June 25th and 26th for the Arts and Crafts Festival, to be coordinated ARTS FESTIVAL with the Director of Public Works, Fire Chief and Police Chief, will be TO BE GRANTED issued. ~.~,,~,~._ May 17, 1977 Town Manager Marshall reported the Twin Oaks water project con- ROCK - TWIN tinues to be slow because of rock situation and drilling and blasting OAKS PROJECT becomes necessary. Town Manager Marshall reported the Public Works Department has SPRINGER completed the installation of the water .line on`Springer Avenue, and AVE .WATER ' LINE that all materials necessary for the Randolph Avenue water project INSTALLED have not been received as yet. Town Manager Marshall reported that in discussing the water rate ordinance recently adopted by Council with Finance Director Williams, it appears the ordinance does not cover business locations that are ORD. & in a master meter situation, a case in point where there would be two UTILITY COMM. TO different businesses in one building and there is only one water RECONSIDER WATER RATEmeter for the building. Mr. Marshall recommended that this be re- CHANGE ORD. FOR f erred to the Ordinance Committee and Utility Committee to work out AMENDMENT the details. Councilman Clark so moved, The motion was seconded by Councilman House, and carried. Town Manager Marshall stated a request had been received from H.M. Henry M. Underwood, an operator at the Filter Plant, who will become UNDERWOOD REQ.TO 65 July 5th, for permission to continue to work. Mr. Marshall CONTINUE WORKING suggested that this request be considered when Council considers the AFTER 65 other employees of the Town who are 65 and over and still working. At 9:10 P. M. Councilman Clark moved that Council adjourn. The motion was seconded by Councilman Meadows, and carried. APPROVED: ~~~,. ~~ Mayor Ratcliff 1 ~~~ '~ ~ Vice-Mayor Graham ATTEST: C - ~l Clerk of uncil