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HomeMy WebLinkAbout08-19-949475 August 16, 1994 Minutes of the regular meeting of the Pulaski Town Council held August 16, 1994, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Andrew L. Graham, Jr., presiding Council Members: John A. Johnston, John W. Stone, Bettye H. Steger, W. H. Schrader, Jr., W. Edgar Hale, Alma H. Holston, Elbert G. Black, Jr. Also Present= Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager Robert J. Lyons, Assistant Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Ruth and Sterling Hayter Cecil and Frances Ratcliff Haze l• Martin William L. Lane Mable Reed Melita S. Nelson Mary Lee Duncan H e•rb • •Cn o 1•e p Catherine Cole Emily Rupe Jim Duke Aaron Atkins Diana Atkins Glenna Jones Ethel Whitt •E. D. Newman Violet Newman John M. Kellam ~•Valencia Johnson • • Ronald •Vaughan H. R. flawson Donald Trail Mike Jenkins Eric Brady Mike Fleenor Laurence Damian Andy McCready The meeting was called to order by Mayor Graham. ~ ~• August 16, 1994 Councilman Johnston led the Pledge of Allegiance"and Councilwoman Holston gave the Invocation. 9476 Following the roll call and welcome by Mayor Graham, Vice Mayor Schrader so moved that the minutes of the regular meeting of August 2,~• 1994, be approved as submitted, seconded by Councilwoman Holston and carried: WATER Mayor Graham advised that first on the agenda was a public hearing regarding the Farmer's Home Loan Application for the proposed water system improvements. Mr. Combiths stated that under federal law, the Town is required to hold a public hearing regarding the Town's application to Farmer's Home Administration for a $572,800 loan for water system improvements.• Mr. Lyons stated that Resolution No. 94-23 adopting a number of attachments that needed to be adopted by the• Council. There were no comments from the public for or against this proposal. In answer to inquiry from Vice Mayor Schrader, Mr. Lyons stated that on projects already completed prior to this approval, reimbursement • to the Water Fund will be the amount of actual cost. Mayor Graham advised that this drawdown would be for two years ar a little longer. Vice Mayor Schrader made a motion that reading of Resolution No. 94-23 be waived, seconded by Councilwoman Holston and carried: Councilwoman Holston made a motion that Resolution No. 94-23-°be adopted, seconded by Councilwoman Steger and carried on the following recorded vote: RESOLUTION 9423 adopted Water Impr. John A. Johnston - Aye Roy H. D'Ardenne, Jr. _ Absent • John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye A1ma~H. Holston - Aye' W. H. Schrader, Jr. - Aye E. G. Black, Jr. -- - Aye PUBLIC HEARING ALLEY Mayor Graham advised that ne xt on agenda was public hearing regarding alley closings. Mr. Combiths reported that 14 alleys and rights of way had•been• presented and that staff was recommending that these alleys and rights of way be closed. Staff's investigation into these alleys indicates that we are not going to close any rights of way that will prohibit - acces•s to any properties that are adjacent, and it is staff's feeling that there is no public purpose in maintaining public ownership of these rights of way. Under File No. 9, the alley between Floyd Avenue and 9477 ALLEY CLOSINGS August 16, 1994 Pierce Avenue from lst Street SE to 3rd Street SE has been withdrawn from public hearing as there was an error in the description. (Ordinance No. 94-16). •~---~yice Mayor Schrader-asked--about obligation to adjoining land owners at the time of alley closure. Mr.•Terwilliger advised that under common law, if the Town had an easement as opposed to ownership of the alley, when the subdivider conveyed off the lot it was presumed that he conveyed to the center line of the alley even if the description said otherwise. In some alleys and streets of the Town, the Town actually owns the land outright. When the alley is abandoned, is quick claim from the center line to the adjoining property owner on each side. Quick claim is saying that we are•not--warranting anything to theme any greater title that we have. We are Just giving them any rights that the Town has, they now have (the-property owner on each side). The Town does reserve any utility easements that are in place and the Town usually incorporates language in these ordinances and the drainage - -• easement, if it is a natural drainage area or if we already have a drainage course going through•the alley, that too is excepted and•-- reserved in the quick claim. """ File No. 1 - Bertha Street/Paca~Street to Martin Street - the right of way was never developed and is a total length of approximately 325~ feet with a slope of 13~. The slope is very steep.~• °• From the public, Eric Brady expressed concern regarding this• closure as if the section was closed and divided between property -- owners, he would not have anywhere to park as location of parking now would be owned by other adjoining property owner. Mr.•Brady stated his property was too steep to park on. He was not against closure•-of- the •• -~ rest of the street. File No. 1, Ordinance No. 94-11, was put back into Pub3i~c Operations Committee for further review. ~~ File No. 6, Alley from Stuart Avenue to Fourth Street Between Miller Street and Slaughter•Stre•et. Mr. Lyons advised this right of way was not developed and had a-siope of almost 22~. There were no comments from the public for or against this cl®sure. Vice Mayor Schrader so moved that reading of Ordinance No. 94-12 be waived, seconded by Councilwoman Holston and carried. - - --• Councilwoman Holston so moved that Ordinance No. •94--12 -c losing of alley connecting Stuart Avenue•to Fourth Street SE between Miller Street and Slaughter Street•be adopted; seconded by Vice Mayor Schrader and carried on the following recorded vote: John A. Johnston - Aye • • Roy H•. D'Ardenne, Jr. - ~~Absent John W. Stone - Aye- •• W. Edgar Hale - Aye Aug. 16, 1994 9478 C1. ALLEY CLOSINGS Bettye H. Steger - Aye W. H. Schrader, Jr. - Aye Alma H. Holston E. G. Black, Jr. - Aye - Aye File 7A. Ordinance No: 94•-13. Alley From Bertha Street to Chestnut Street. This alley ties into the undeveloped section of Bertha Street and the right of way is steep. There were no comments from the public for or against this closure. Vice Mayor Schrader so moved that reading of Ordinance No. 94-13 be waived, seconded by Councilwoman Holston and carried. • Councilwoman Holston made a motion that Ordinance No. 94-13 Closing of Alley from Bertha Street to Chestnut Street, Block 92, Parallel to Martin Avenue be adopted, seconded by Vice Mayor Schrader and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye ~ ~ W. Edgar Hale - Aye Bettye H. Steger - Aye•-~ Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye File 7B. Ordinance No. 94-14. Alley Between Bertha Street and State Street. Mr. Lyons stated this was a continuation of of File 7A. ~••• There is no significant reason to retain this alley right of way as 7A was closed. There were no comments from the public for or against this-•• closure. Vice Mayor Schrader so moved that reading of Ordinance No. 94!14 be waived, seconded by Councilwoman Holston and carried. • Councilwoman Holston made a motion that Ordinance No. 94-14 Closing of Alley from Bertha Street to State Street in Block 97 Parallel to Martin•Avenue be adopted, seconded by Councilman Black and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye ~ E. G. Black, Jr. - Aye-~• File No. 8.- (Ordinance No. 94-15). Laurel Street from First Street S.E. to Stuart Avenue. This portion of street is relatively steep and overgrown to the point of being impassable. Prior to the public hearing, Mrs. Jenelle E. Atway had advised that she was in favor of • closing this street and Mr. and Mrs. Porterfield also indicated they were in favor of closing this street. From the public, Mr. David Hickman questioned responsibility of accepting this property and advised that he did not want additional additional land as he was unable to keep it clean. 9479 ALLEY CLOSINGS August 16, 1994 Mr. Terwilliger advised that if an adjoining property owner did not want the additional property, the other adjoining property owner could quick claim this portion also and could be claimed by a third party. Mr. Terwiii3-ger alsoadvised that property value would be assessed at the next assessment. ' • ~File~No.~8 will again-bye reviewed by the Public Operations Committee. • File No. 9. (Ordinance No. 94-16). Second Street from Floyd Ave. to Pierce Ave was incorrectly advertised, therefore, this closure will be readvertised and no action or public hearing held at this meeting. File No. 10 (Ordinance 94-17) Alley from Fourth Street to Fifth Street Between Baskerville Street and Miller Street. From the public, Mrs. Newman stated they approved of this closure. There were no further~co.mments from tyre public. Vice Mayor Schrader so moved that reading of Ordinance No. 94-17 be waived, seconded by Councilwoman Holston and carried. - Councilwoman Holston made a motion that Ordinance No: 94-17 Closing of Alley From Fourth Street SE-to Fifth Street SE Parallel to and East of Baskerville Street be adopted, seconded by Councilman Black and . carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye - W. Edgar Hale ~ - Arye 'Bettye H. Steger - Aye Alm a H. Holston ~- Ay~e~ W. H. Schrader, Jr. - Aye• E. G. Black, Jr. - Aye -•••- File No. 11. Ordinance No. 94-18. Closing of Fourth Street, S.E. from Miller Street to Slaugh ter Street, and from Russell Street to Herron Street. Mr. Terwilliger stated this closure was advertised for the entire length between the two streets, Miller Street to Herron Street, however, the staff recommended that only two segments of this be closed, from Miller Street to Slaughter Street and from Russell Street to Herron Street. TMe segment between Slaughter Street and Russell Street not be r R:.'F'. Mr. Combiths advised t-hat•Mrs. Whitt had called, and she was advised her portion of 4th Street would not be closed. Mrs. Glenna Jones, P. 0. Box 1807, 980-7053,• owner of property between Russell and Herron. She did not want it closed because she has a large fence which is an outlet for the lot she owns. •She also stated she did not want anymore land to take care of. --- August 16, 1994 9480 ALLEY CLOSINGS Mayor Graham advised that closure would be reviewed further by the Public Operations Committee. File No. 12. Ordinance No. 94-19. Alley/from Stuart Avenue to Fourth Street Between Baskerville Street and•Mi~ler Street. • There were no comments from the public for or against this closure. Vice Mayor Schrader so moved that reading of Ordinance•No. 94-19 be waived, seconded by Councilwoman Holston and carried. Councilwoman Holston made a motion that Ordinance No.~94~~19 Clasfng of Alley from Stuart Avenue to Fourth Street, S.E. Between and•Parallel to Baskerville Street and Miller Street be adopted, seconded by Councilman Black and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. -"Absent John W. Stone - Aye W. Edgar-Hale ~ - Aye Bettye H. Steger - Aye -Alma H. Holston - Aye W. 'H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye •~• File No. 14. Ordinance No. 94-20. Elm Street/Jackson Avenue to • Dora Highway. There were no comments for or against this closure. • Vice Mayor Schrader so moved that reading of Ordinance 'No. 94-20 be waived, seconded by Councilwoman Holston and carried. Councilwoman Holston made a motion that Ordinance No. 94-20 Closing of Elm Street from Jackson Avenu e to Dora Highway be adopt ed, seconded by Councilman Black and ca rried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. _ Absent John W. Stone - Aye •~"•W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. ~ - Aye" File No. 15. Ordinance No. 94-21. East-West Alley/Between•25th~ Street NW and 16th Street NW from Randolph Avenue to Prospect Avenue. Mr. Combiths reported that a telephone call was received from Mr. and Mrs. Woodruff. They had no objection to closing this alley. . Mr. William Lane stated that 16th Street 10 ft. wide, and this basement and he would like the al open, he will use it anyway. Mr. the alley to stay open too and it rear of his property. Mr. Hayter he had a right of way between ~15t-h end is the only•way he can get to his ley to stay open. If it is not left Sterling Hayter stated he would like was the only way he could get into the has also cleaned out the -alle~r. 9481 August 16, 1994 ALLEY In answer to inquiry from_Mr. Stone if the alley was closed,~could the Town give someone an easement/right of way to enter and exit a property. Mr. Terwilliger advised that if the alley was closed and vacated, you are giving up the rights•of the Town to the alley.' ~ ' Since alley is currently open, Council does not need to formally take action. File No. 16. Ordinance No: 94j22. Extension of Martin••Avenue from Cliff Street to State Street. Mr. Ronald Vaughan advised that this avenue had never been opened and he would like to see it•closed. The closure would help his sister, Valencia Johnson. Mr. Vaughan stated that Mrs. Friend could continue use for the delivery of coal. Mr. Roger Dawson stated he was 1n favor of closing this avenue. He lives on lot 13 and 14 on State 'Street. He has also mowed and maintained this avenue for the last 20 years. Mr. Dawson also inquired if the alley behind him was considered for closure. •Mr. Mike Jenkins st~ted'that the list of alleys being reviewed at this meeting was prepared by students and they looked at a sett group of alleys. A list of closures is pending and an- additional listing of alleys/streets to be considered by Town Council for closure is being prepared. Mr. Combiths advised that Mrs.~Opal Friend had called and indicated her only objections were that she used this alley in the past for coal • delivery and to access to her garden. ' Mr. Terwilliger felt that the 'Town should not get into negotiations with the property owners. Mayor Graham suggested that the Town Manager contact Mrs. Friend advising her to work this out to her satisfaction and then the Town close this extension at another session. File No. 17, Ordinance 94-23, Chestnut Alley Extension to Garner Avenue/from Martin avenue Extension to Garner Avenue. There were no comments from the•~pubiic for or against this closure. Vice Mayor Schrader so moved that reading of Ordinance 94-23 be waived, seconded by Councilwoman Holston and carried. Councilwoman Holston made a motion that Ordinance No. 94-23 Closing of the~Chestnut Alley extension to Garner Avenue, from Martin Avenue Extension to Garner Avenue be adnpted,-seconded by Councilman Black and carried on the following recorded vote: August 16, 1994 9482 John A. Johnston - Aye`. ~~Roy H. DSArdenne, Jr. - Absent .John W. Stone - Aye W. Edgar~~Hale - Aye Bettye H. Steger - Aye :Alma cH. He~bton _ . ;r.._Aye,.:,,_• W. H. Schrader, Jr.~ -Aye -E. G.;Bladk~ Jx... - Rye File No. 18. Ordinance No. 94-24. Alley Between 12th and 13th •- Street West of Randolph Avenue. Mr. Donald Trail, 137 13th Street, stated that at this time, part of this alley is being used as his driveway and has been since the house ' was built. The neighbors are working on an agreement. Mr. Trail asked that Council postpone the decision on this alley until next month so that Council could see what they would like to do. Mr. Mike Fleeno r asked if the property is a quick claim subject to agreement, or would the agreement, in turn, be approved by the Town and then quick claimed." Mr. Terwilliger felt that there was a probie~m to try to have legislative ' action conditioned upon private actions. He did not feel they could do an abandonment and closure conditioned upon the parties reaching an agreement later. Council will not take action on this closure until the second meeting in September. Mr. Andy McCready, speaking to the publichearing on the i~armer's Home Loan Application, stated that a number of items were~•included"in the loan .package that are to be done in the annexation agreement ~in• years 8 and 9, 1996 and 1997: Some of these projects were included in the present loan package and some were not. •The extension of the water line south on Rt. 99 from the stop light at the shopping center, across ' the bridge over the railroad tracts and onto his commercial property. The first phase of this construction was an extension of the line from _' the back of Diversified down 611 under Rt. 99 and into the front parking~~ lot of the mall. This project was done two years ago and~the Town picked up a little bit of the cost of this and went ahead and sized the pipe to fit the Town's overall water system plans for Rt. 99. The'~~ost item for Rt. 99 extension is $297,000 to go to Virginia Block, this would seem to be not the wisest investment of that much dollars due to the economic development pressure on that end of the line: Mr. McCready felt the Town was fortunate in picking up the new businesses on Rt.' 99.- The next logical development point would possibly be his property. Mr. McCready urged Town Council to include the cost of this project to ~~~ extend it from the stop light across the bridge and onto his property.• Bridge, over the railroad tracks, would have to be crossed. He stated '' the Town was obligated to do this by the annexation agreement in 199Y or-`• -• 1997, and asked that Council not change their loan package, but as some of this work will be done with Town employees, cost savings were ~~ anticipated. He would like his project to be earmarked first for these cost savings. Mr. McCready stated that when the project was coming across the old sewer plant, cost was estimated at $43,000. The creek crossing was quite expensive. He felt that the 500 feet of line and a fire hydrant would cost an estimated $30/foot or $15,000 plus any special rigging or cost related to the bridge. Mr, McCready also stated this was necessary to help the marketing of the property. 9483 August 16, 1994 IWATER 1 ALLEY ~••-Mr. °^isyons reported--that Farmers Home had granted us a loan of up to $572,000 so if we have savings somewhere else, we want to apply`it. ~~ Mayan±Graham asked'that qtr. McCready keep the Town informed of his 'plans for this property.- ' i i. At 8:18 p.m. Mayor~Graham closed the public hearings. Mr. Cecil Ratcliffe,'612 Mathews Court, 980-5819, advised that Fredrick Avenue, between Orchard and Mathews Court has been blocked off and the neighbors thought it had been closed several years ago. This alley will~~also•be reviewed~• At 8:20 p.m. Mayor Graham called a five minute recess. STREET At 8:25 p.m. Council returned from recess. From the public, Mr. Jim Duke asked for an update on Dora Highway. Mr. Combiths reported that due to the original bids on Dora Highway being over budget, the Town has negotiated a reduced scope project with H. T. Bowling, Inc., the original low bidder for the project. H. T'. Bowling, Inc. proposes in an August 2, 1994 letter to furnish labor', equipment, and materials to • clear the area that is flagged of all trees and loose rock that might be hazardous to traffic along the roadway exclusive of any blasting or Hoeram work. Materials will either be hauled to the old sewage treatment plant or placed-along the creek side of Dora Highway. Vice Mayor Schrader so moved that Town Manager be~authorized to execute a contract with•il. T.--Bowling, Inc., not to •exceed•$74,500; for work on the repair of--Dora Highway. Funding is to come from highway - eligible. Motion seconded by Councilman Black. Mr•. Combiths stated that it is~hoped that Mr. Bowling •c an get his bonds and be mobilized within 10 days and Dora Highway opened by~October 1st. Dr. Johnston expressed concern -over putting' the refuge 'in a flood plain area near Peak Creek•which•would only raise the flood level of any possible flood in this area. Mr.• Combiths stated this would be to build up the embankment that has been-eroded. Mr. Jenkins stated that~the• items placed on the side of• the bank would be used to stabilize- the ..• bank. •• Motion then carried on~the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. ~ Absent John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger •-••'Aye• Alma H. Holston °•- ~ Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye August 16, 1994 9484 PEAK CREEK/DORA HIGHWAY Mr. Jake Blevins stated that putting the rocks in the corn field will have no effect•on•people upstream. He further stated that he had - - been trying to get the creek ,cleaned for 15 years, and widened for 15 to 20 years. In the last•effort to clean the creek, the Town left a iot of debris and-promised they would move it. Thus far, it has-not been moved .••- - • STREET Mr. Blevins also asked the status of the Pizza Hut request to • remove the divider in street in front of their business on Route 99. Mr. Combiths reported that Route 99 property owners had been surveyed regarding sharing the cost of removing the street divider. All results are not in yet. As there were no further comments from the public, Mayor Graham called for Council Committee Reports. PUBLIC & PERSONNEL RELATIONS: EMPLOY. Vice Chairman Hale advised that the Personnel Committee had met August 15,1994, and discussed the Town's current safety efforts and its plan to create a more formal safety program. Staff will return a plan - within 30 days that formalizes the current safety program. While each department will continue to conducts it own daily safety training, the •• safety committee will include a formal organization, mission and goals: Staff will research and implement, where practicable, an accident review °•--~1 policy for lost-time accidents, a safe driver award and name a safety director. - PAY & CL~S1Sce Chairman Hale reported that Chief Cooley had presented a plan PLl~a reclassify several positions within the Police Department. The plan includes reclassifying the positions of Captain and L•feutenant to Commander. There would be a Commander for each of the department's three divisions: Investigations, Patrol and Administration. The second part of the plan is to amend the title of Corporal to Police Officer First Class. In order to eliminate an unnecessary level of supervision, as these positions become vacant, they will not be filled. +~ Vice Chairman Hale stated the final part of the plan is to eliminate the title of Detective. By deleting this position, the Chief will have the ability to move Police Officers into and out of investigations based upon need and performance. The plan does not increase or decrease the number of positions and does not result in any salary increases or decreases. Mr. Combiths read and the Personnel Committee recommended adoption of Ordinance No. 94-25 Amending the Position Classification and Compensation Plan for the Town of Pulaski, Virginia. Motion carried on ~1 9485 August 16, 1994 the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent PAY & CLASS. John W. Stone - Aye W. Edgar Hale - AYe PAY ORD. '"" Bettye H. Steger - Aye Alma H. Holston - Aye 94-25 W. H. Schrader, Jr: - Aye E.~G. Black, Jr. - Aye Vice Chairman Hale advised that the Personne•1 Committee recommended a smoking policy. Councilwoman Holston so moved that reading of Resolution No. 94-24 be waived, seconded by Councilman Black and • carried. Councilman Black made a motion that Resolution No. 94-24 Implementing Town of Pulaski Smoking Policy be adopted, seconded by Councilwoman H~olston-•and carried on the following recorded vote: (RESOLUTION 94-24 (POLICY John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye W. Edgar Hale ~ -'Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye "' --£. G. Black, Jr. - Aye Vice Chairman Hale stated the Fire Prevention Officer re-ce~ntly _ completed the required training by the Virginia Department of Fire •- Programs to issue summons for violations of the Virginia Statewide Fire Prevention Code. The Personnel Committee recommended naming Fire Preventinn•Officer Chip Hutchinson as "Fire Marshall" and providing him the authority to issue summons under the Virginia Fire Prevention Code. This will streamline operations since under the•c•urrent arrangement, h•e must obtain~a warrant from the Magistrate. Motion carried on the follotirimg recorded vote: vote: FIRE MARSHALL John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent NAMED John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye PARKING Vice Chairman Hale reported that the Parking•Authority will AUTHORITYa recommendation to fill the vacant position on the Authority to Personnel Committee. provide the Mr. Terwilliger will research to determine if Councilman Hale can continue to be a member of the Parking Authority. PANNING COMMISSION REPORT:' In the absence of Councilman D'Ardenne, Vice Mayor Schrader reported that the Planning Commission met on August 8, 1994, and tabled Case No. 94-45 CU,~a request by Samuel G. Austin for a conditional use to operate pool tables and a game room with video machines at i43 ' August 16, 1994 9486 Randolph Avenue. The Commission requested additional information from the Police Department regarding complaints received in the past from surrounding property owners. REZONING Vice Mayor Schrader reported that the Planning Commission recommended approval of Planning Commission Case No. 94-46RZ, a•request by King Chan to rezone 1.16 acres at 307 5th Street, NE from B-1 (Local Business) to B-2 (General Business): This is the site of the Beijing ~- Restaurant and Motel. The Planning Commission also recommended approval of Planning Commission Case No. 94-47CU, contingent upon Planning Commission case- No. 94-46RZ being approved by Town Council, a request by King Chan for a conditional use to operate three pool tables at 307 5th Street, NE. This property is identified as Beijing Restaurant and Motel. If the property is rezoned to B-2, the pool tables are a permitted use that requires approval of a conditional use. Mr. Lyons stated a public hearing would be scheduled at the second meeting of the Town Council in September to consider both these requests. FINANCE COMMITTEE Chairman Schrader had no report, however, he ~equeste~d a meet#ng be scheduled later in the week. UTILITIES COMMITTEE PEPPERS Chairman Johnston reported that our I & I abatement and T.V. FE.monitoring is being utilized, working on Peppers Ferry Road to the' hospital and Walnut Ave-nue. ~In some of the lines, they are deteriorated so badly that the entire line must be replaced. This will have to be looked at in next year's budget. Chairman Johnston stated that a lot more line repair work will be coming to Council's attention than we have ever had. We will be faced with replacing entire lines. The Peppers Ferry representatives, Chairman Johnston and Mayor Graham, met with Peppers Ferry Wastewater Treatment Authority and ~~ discussed the rerating of the New River pump stations to handle more capacity. They are working with peppers Ferry also regarding requests from industry for more capacity in the line. Their biggest concern at this time is, of course, the repafr~af the line that is damaged about- 7500 feet. Bids have been put out for this repair which is estimated to cost approximately $759,000. Five• general contractors came in and ~~~~ looked at the plans; with seven sets of plans being given out. They hope to expedite this repair work. Chairman Johnston advised that negotiations with the County have not been completed as to what percentage of funds they would contribute to the repair of~this line. Mayor Graham advised that an executive session under 2.1-344 A~;~ 9487 August 16, 1994 was requested concerning the sewer corrosion. PUBLIC OPERATIONS COMMITTEE: Chairwoman Holston had no report, however, she requested a meeting b~e scheduled: Chairwoman Holston asked that an update on the Northwood bridge, Oakwood Cemetery request for steps, and downtown basketball court be reviewed at the next meeting. ORDINANCE COMMITTEE Chairman Black had no report. MAYOR'S REPORT Mayor Graham stated that staff had discussed the New River~Trail and it is hoped that in th~e•near future, staff can bring something to Council. ~ ' MUSEUM Mayor Graham stated that meetings had been held regarding volunteers for the museum at the train station. Target date for opening is September 1st. A report was requested from the Town Manager on who in the Town is in charge and who the volunteers would report to. ••We need to tie the responsibility down for the museum and have a policy•in place. COUNT Mayor Graham advised that Count Pulaski Day had been held for many" PULASKIyears and the Town has always provided leadership for this event.~•- He DAY asked what part the Town would play in this endeavor, and asked for 'a report as to the Town's responsibility in Count Pulaski Day. Council discussed the location of this event. Mr. Combiths stated that Mr. Dave Hart had worked as liaison between the Town and Count Pulaski~Day Committee. Mayor Graham felt that the Town needs to carry the burden of leadership for this year and we need to develop a committee for the forthcoming years if that is the way we want to go, however, we do not have the luxury of waiting until September. Councilwoman Holston stated that last year, the biggest part of Count Pulaski Day was on Dave and on the Town. Last year, the Main Street people wanted to have it themselves. She felt Main~5treet Alliance is taking the lead role but the•Town is rrot leaving them out there hanging. The Town is taking a supporting role. Councilwoman Holston was on the committee last pear. Considerable discussion followed with 'Town Manager being directed to get information for Council. August 16, 1994 9488 TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report, however, an Executive Session had been requested regarding status of sewer corrosion negotiations, 2.1-344 •'~- - A7 Consult with Legal Counsel; Mayor Graham wanted to discuss the Town's responsibility and process of handling PMI and Alliance funds (A7) and (Al) personnel involving specific indivi-duals. TOWN-MANAGER'S REPORT- Mr. Combiths stated that in the Executive Session, there is a need to discuss a UDAG application, under A5. street Mr. Combiths informed Council that from the time the Town appealed the decision from FEMA on the assistance for Dora Highway,~the response was not received until about mid May. At Council's direction, we immediately discussed this with our Congressman and- also had contact-•• with the Army Corps of Engineer and the Federal Transportation Aid System. Response was received from the Governor's office and Congressman Boucher's office. The staff immediately looked at private contracting and we acted as quickly as possible to bring back a contract for Council's approval. - At 9:25 p.m. Council went into Executive Session under 2.1-344 A7,y consult with legal counsel regarding the sewer corrosion problem, A1, Pulaski Main Street, specifically named individual and A5, UDAGr~c~,y~ ~ S4~~A~~ application, on motion made by Councilman Hale, seconded by D'~rd-errmc, and carried on the following recorded vote: John A. Johnston - Aye Roy H. D'Ardenne, Jr. - Absent John W. Stone - Aye W. Edgar Hale - Aye Betty e H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye E. G. Black, Jr. - Aye At 9: 59 p.m., Council returned to regular session 8nd waived reading of the Certification Resolu tion, on motion made by Vice Mayor Schrader, seconded by Councilwoman Holston and carried. Vice Mayor Schrader made a motion that Certification•Resolution 'be adopted, seconded by Councilman Hale and carried on the following recorded vote: - John A. Johnston - Aye Roy H. D'Ardenne, Jr. = Absent •° John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston ~ - Aye •' W. H. Schrader, Jr. - Aye •~ E. G. Black, Jr. ~- Aye At 10:00 p.m. Councilwoman Holston maide a motion that Council adjourn, seconded by Councilman Black and carried. ~• APPROVED: M yor ATTEST: ,,~,~-~ G • ,~awu-+~ Cler of Council