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HomeMy WebLinkAbout02-16-939222 February 16, 1993 Minutes of the regular meeting of the Pulaski Town Council held February 16, 1993, 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., Roy H. D'Ardenne, W. H. Schrader, Jr., Andrew L. Graham, E. G. Black, Jr., Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Robert J. Lyons, Acting Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mrs. Peggy Lefler Mrs. Beatrice Gravely J. T. Lefler Mary T. Baker Ellen C. Beverly Helen P. Carter Judith A. Osborne Marvin Conner, Jr. Mary Bruce Susie Nipper Hiawatha Nicely George Penn The meeting was called to order by Mayor Hancock. Councilman J. R. Schrader led the Pledge of Allegiance and the Invocation was given by Councilman Black. Following the roll call, Councilwoman Holston made a motion that the minutes of the regular meeting of February 2, 1993, be approved as submitted, seconded by Vice Mayor W. H. Schrader, and carried. Mayor Hancock stated that as advertised, two public hearings were on the agenda for this meeting. The first public hearing regarded the PUBLIC Magnox Pulaski, Inc. request to close a developed unused section of HEAR. Pinnacle Street (Commerce Street to a point 225 feet east of Pinnacle STREET S t r e e t) . CLOSING Mr. Lyons reported that in 1968, Hercules, Inc. the predecessor of Magnox, granted a parcel of land to the Town that was later developed as a portion of Pinnacle Street, which crossed underneath the railroad and connected to Commerce Street. Mr. Lyons stated that in 1991, the Town completed the Commerce February 16, 1993 9223 Street bridge over the railroad, which connected Pinnacle Street to Commerce Street. When this bridge was opened, the Town barricaded both ends of the subject section of Pinnacle Street to prevent vehicular traffic. This section of Pinnacle Street has been a maintenance problem and is subject to flooding. Magnox has possible future plans for using this property, and closing this section would not impact any other property owners. Mr. Nicely stated that part of the agreement with Hercules stated that if this section was ever abandoned, that it would revert back to Hercules, now Magnox and that they hope to reclaim this area for beneficial use in the future. Mr. Lyons stated that the right-of-way contains two water lines and a sewer line and the Town would retain all utility easements. The Public Operations Committee visited the site and recommended that the right-of-way be closed. Council discussed the portion of street under the railroad and it was determined this portion was railroad right-of-way, and not a part of Magnox's request. Council might want to consider closing this portion in the future, however, ownership status at this point was not known. Mr. Lyons will contact the railroad to see if there is an interest in abandoning this right-of-way. Mr. Nicely reported this area was very subject to flooding. Visitors present at public hearing were assured that closing this unused portion of Pinnacle Street would not impact any of the residen- tial property owners. Mayor Hancock stated that before Council was Ordinance No. 93-3 Closing an Unused Portion of Pinnacle Street (Commerce Street to a point 225 Feet East of Pinnacle Street) in the Town of Pulaski, Virginia. Councilman Graham made a motion that reading of Ordinance No. 93-3 be waived, seconded by Councilman J. R. Schrader and carried. Mayor Hancock excused himself from discussing this Ordinance as he was unsure if anyone in his law office had any contacts regarding this issue. Councilwoman Holston made a motion that Ordinance No. 93-3 be adopted, seconded by Councilman Crispin and carried on the following recorded vote: ORDINANCE CLOSING STREET Charles D. Crispin - Aye Andrew L. Graham - Aye ADOPTED J. R. Schrader, Jr. - Aye Elbert G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Mayor Hancock advised that the second public hearing regarded the Town's request to close an undeveloped section of Elm Street (Jackson Avenue to Dora Highway). PUBLIC HEARING ELM ST. Mr. Lyons reported that two engineering interns are surveying Town CLOSII~ghts-of-way and are identifying those that the Town may want to 9224 February 16, 1993 consider closing. Elm Street was one of the rights-of-way identified to be closed. The right-of-way is undeveloped due to its slope. The right-of-way contains a six-inch water line and if the request is approved, the Town would retain all utility easements. The Public Operations Committee visited the site and recommended that the right-of-way be closed. Two petitions have been received from residents in this area objecting to the closing. They further requested that the Town open this section of Elm Street for through traffic. {The petitions are a permanent attachment to the minutes of this meeting.} Mrs. Mary Baker, Mrs. Ellen Beverly, Ms. Judith Osborne, Ms. Mary Bruce, and Mrs. Robert Carter addressed Town Council with the request to reopen this section of Elm Street as it was not as steep as the route now taken, would be less dangerous to drive, and for children riding the school buses that now walk to Dora Highway. ELM ST. CLOSIN(~ouncilwoman Holston so moved that Council table this matter and TABLED review again to determine possibility of keeping the right-of-way open. UNTIL Motion seconded by Councilman Crispin. FURTHER REVIEW The Engineering Department will prepare a cost estimate to develop this alley and bring back to Town Council. Mr. Terwilliger stated that the Town government is immune from designing streets, however, the Town can be held liable for failure to maintain the right-of-way if someone is injured. If it is not feasible to open it completely, then there may be a question as to whether or not the Town should keep the liability if we are not able to open the street. Motion then carried to defer action on this matter at this time. Mr. Lyons will notify residents of this area when a site visit by Town Council is scheduled. UDAG In hearing from the public, Mr. George Penn requested UDAG funding FUNDING for his newly opened business, Ellery's. Mr. Lyons reported that the GEORGE Town staff will review and then forward to the Finance Committee. Mr. PENN Lyons further reported that the Finance Committee would meet February 23, at 5:00 p.m. As there were no further comments from the public, Mayor Hancock called for Council Committee Reports. PERSONNEL COMMITTEE Chairman J. R. Schrader reported that during the week of February 8, 1993, Town Council interviewed several Town Manager candidates in executive session under 2.1-344 A1. Mayor Hancock stated that we will continue to have meetings to interview candidates for the position of Town Manager at an undisclosed location. Chairman J. R. Schrader so moved to certify that the Personnel Committee meetings held were restricted to the purpose of interviewing candidates for the position of Town Manager under 2.1-344 A1, seconded February 16, 1993 9225 by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye Elbert G. Black, Jr. - Aye Roy H. D'Ardenne, Jr. - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - Aye Gary C. Hancock - Aye Councilman D'Ardenne stated at the beginning of each interview, the Personnel Committee enters Executive Session. FINANCE COMMITTEE Chairman W. H. Schrader had no report, however, he stated a Finance Committee meeting would be held Tuesday, February 23, at 5:00 p.m. UTILITIES COMMITTEE Chairman Graham had no report, but advised a meeting would be held February 24, 7:00 a.m. with Draper-Aden. Full Council is invited to attend this meeting. PUBLIC OPERATIONS COMMITTEE Chairwoman Holston reported that the Public Operations Committee APCO had met February 3. The committee discussed the Magnox request to close EASEMENTa portion of Pinnacle Street. The committee also discussed Appalachian Power Company's request for an easement for a proposed 34.5kv distribution line located on the edge of the Town's property at Loving Field. Mr. Lyons reported that the proposed line will tie electrical service between Alum Spring Road and Robinson Tract Road and increase the reliability of APCO's service. The proposed line will not interfere with any activities at Loving Field. A public hearing has been scheduled for March 16. DIAN-RT 9@hairwoman Holston stated that the Committee also discussed a request by Downtown East. Mr. Lyons stated that Attorney Sam Campbell, on behalf of Downtown East Limited Partnership (DEEP), submitted a request to remove the Route 99 median (Edgehill Drive - Walnut Avenue) to allow the construction of a new Wilco gasoline station and food mart. The Wilco store will be located on the south side of Route 99, at the intersection of Walnut Avenue (across the street from Dodson Pest Control). Mr. Lyons reported that Mr. Huff indicated that he will assume all costs to remove the subject section of median from Walnut to Edgehill Drive and the Public Operations Committee recommended approval. Councilman Glenn reported that Dodson Pest Control had made a request to remove the median in 1991, however, the request was denied. Councilman Glenn also expressed concern that we might want to widen Rt. 99 for turning lanes, and at the same time we could look at removing the median. Councilman Black was concerned that the building and underground tanks would be in the floodplain. It was stated that the project would 9226 February 16, 1993 also have to comply with the State Water Control Board. It was stated that on the Dodson request, it was felt that just removing the one section may have an impact on traffic entering and exiting Walnut Avenue. In this case, the entire stretch between Edgehill and Walnut would be opened up. Council discussed this request at length, with Councilman Glenn expressing he felt it might need a little more review and he would like for us to correct the turning lane problem at the same time on 99. Also, he was concerned about the Edgehill-Route 99 traffic signal and turning onto Route 99 with median strip removed. Mr. Terwilliger suggested that the Town obtain something in writing from Mr. Huff, stating that they are agreeing to pay the cost involved in this median removal. Also, Mr. Terwilliger raised the questions of insurance and who would perform the actual work. Councilwoman Holston stated that the Public Operations Committee recommended, and she so moved, that the media strip between Edgehill Drive and Walnut Ave. be removed at the total expense of Downtown East; and further that her motion include the above remarks made by Mr. Terwilliger. Motion seconded by Vice Mayor W. H. Schrader and carried on the following recorded vote: MEDIAN STRIP TO BE REMOVED Charles D. Crispin - Aye Andrew L. Graham - Aye H.W. HUFF J. R. Schrader, Jr. - Aye Elbert G. Black, Jr. - Aye Roy H. D'Ardenne - Aye Alma H. Holston - Aye W. H. Schrader, Jr. - Aye Robert N. Glenn - No ORDINANCE COMMITTEE Chairman Glenn had no report. MAYOR's REPORT Mayor Hancock reported that on the back cover of the magazine Modern Maturity, the Pulaski Braves are featured and next month Modern Maturity will feature an article on the Pulaski Braves. Also, Country Living will be doing an article on Pulaski. Mayor Hancock requested that a display be made of the magazine articles and placed in the Municipal Building front hall. 1 Mayor Hancock advised that a planning meeting of Council had not been scheduled as yet, however, he suggested this meeting be held prior to the new Town Manager beginning work to set goals and priorities. The Team Building Workshop will be scheduled after the new Town Manager begins work. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report. February 16, 1993 9227 ACTING TOWN MANAGER'S REPORT AMERICANS W/ DISABILITY ACT Mr. Lyons reported that the Americans with Disabilities Act is federal legislation that prohibits discrimination against individuals with disabilities. As part of that legislation, local governments and businesses are required to do an evaluation of their services to identify areas that are deficient. Mr. Lyons stated that we have completed this work and advertisement was placed seeking public input and comment. To date, no comments have been received, but if comments are received, they can be included. In the budget this year, and future years, Mr. Lyons expects we will begin to address some of these items through the capital improvements program. VML Councilwoman Holston reported that Mr. Lyons, Councilmen Graham and D'Ardenne and she had attended VML Legislative Day in Richmond. A letter from Mayor Hancock and bumper sticker was distributed to each member of the Senate and House of Delegates. She further reported that when anything is put on desks in General Assembly, it must carry a Senator's name on it and, therefore, our correspondence was distributed with Senator Trumbo's name and also the name of Senator Marye. Mr. Lyons will present a VML trip report at the next Council Meeting. At 7:50 p.m., Vice Mayor Schrader made a motion that Council adjourn, seconded by Councilman D'Ardenne and carried. APPROVED: ~~ ' L icy MAYOR Attest: ~.~ ~ ..~ Clerk of Council