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HomeMy WebLinkAbout03-19-91March 19, 1991 Minutes of the regular meeting of the Pulaski Town Council held March 19, 1991, 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., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn 8905 Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert J. Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Mrs. Virginia Kirkland Mrs. Ethel Flippin Mrs. Polly Mitchell Mrs. Mary Lee Duncan Mr. J. B. Warner Mr. Jacob Blevins Mr. Clyde Branson The Pledge of Allegiance was led by Councilwoman Copenhaver. The Invocation was given by Vice Mayor Neighbors. After roll call and welcome by Mayor Hancock, Councilwoman Holston so moved that the minutes of the regular meeting of March 5, 1991, be approved as recorded, seconded by Councilman Glenn, and carried. Mr. Clyde Branson, 519 Stuart Avenue, addressed Council regarding his dissatisfaction with the wrecker service in the Town. He stated a wrecker service had held his car and charged storage. This being a private matter between Mr. Branson and the wrecker service, Mr. Terwilliger felt the Town had no legal interest in this matter. Mr. Jacob Blevins, 1325 Dora Highway, addressed Council regarding old cars behind Coltrane Auto Service on First Street and again asked about the blockage in Peak Creek behind his property. He stated the channel needs to be opened up below his property. Mr. Holycross is to check into these two matters, and review the Corps of Engineers report that was issued about a year ago. Mayor Hancock then called for Council Committee Reports. PUBLIC &_ PERSONNEL RELATIONS, NOMINATING COMMITTEE BEAUTIr~ICATI0IT- COMMITTEE Chairperson Copenhaver advised that the Personnel Committee had met March 15, and so moved that Alan Rudisill, Vickie Hawks, Mary Lee Duncan and Ruth Nuckols be reappointed to the Beautification Committee for another three year term, seconded by Vice Mayor Neighbors, and carried. 8906 March 19, 1991 CEMETERY Chairperson Copenhaver made a motion that James W. Robertson be TRUST reappointed to the Trustees to Cemetery Trust Fund for another three year term, seconded by Councilman J. R. Schrader and carried. FIRE Chairperson Copenhaver reported that the Fire Department is DEPT. offering a "First 5 Homesaving Kit" for $16 which contains an attachment which causes the porch light to blink when activated. The blinking light identifies emergency responders of the scene of an incident. FINANCE COMMITTEE Chairman Graham reported that the Utilities Committee and Public Operations Committee had met jointly on March 13, 1991. Chairman Graham stated the water line and sewer line extensions to serve the Memorial Square Shopping Center have been installed and tested and are now ready for acceptance into the Town's utility system. The line extensions to serve the Shopping Center were installed by the development company at their expense. Mayor Hancock partially read the Ordinance accepting the water and sanitary sewer easements. Chairman Graham so moved that Ordinance be adopted, seconded by Councilman Glenn and carried on the following recorded vote: Chairman Neighbors had no report. UTILITIES COMMITTEE C Charles D. Crispin - 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 Robert N. Glenn - Aye ORDINANCE WATER & SANITARY MEMORIAL SQ. SEWER TOWN OF PULASKI, VIRGINIA ORDINANCE N0. 91-7 AUTHORIZING ACCEPTANCE OF WATER AND SANITARY SEWER EASEMENTS ON W. D. DEVELOPMENT (PULASKI) LAND KNOWN AS MEMORIAL SQUARE SHOPPING CENTER 1 WHEREAS, the Town of Pulaski held general sewer and utility easements across the property of W. D. Development (Pulaski) by reason of a grant of easement by Walter Allison dated November 30, 1957, of record in Deed Book 179, page 42; and, WHEREAS, in constructing Memorial Square shopping center on Memorial Drive in the Town of Pulaski, the property owner installed water and sewer lines in consultation with the Town engineers and staff, so that the needs of the Town have been met; and, WHEREAS, to clarify the public records as to the location of Town utility easements on the W. D. Development (Pulaski) property, the owner prepared a plat showing the location of the installed lines and asked that the Town acknowledge that these will constitute the locations of easements previously reserved on that portion of the Walter Allison property now held by W. D. Development (Pulaski) and the Town authorized the Town Manager to execute an agreement setting forth the locations on February 5, 1991; and, March 19, 1991 8907 WHEREAS, the owner has asked that these lines be accepted into the Town water and sewer system so that the Town will maintain these lines in the future; and, Whereas, after examining the engineering, safety, and other needs of the Town, the Town Council has determined it is in the best interest of the Town to accept these lines for future maintenance and control, subject to certain conditions; NOW, THEREFORE, be it ORDAINED by the Council of the Town of Pulaski, Virginia, sitting in regular session on March 19, 1991, that the Town Manager is authorized to execute an agreement or other instrument with W. D. Development (Pulaski} setting out the location of any Town easements on the shopping center portion of its property, in substantially the locations shown on a plat entitled "Plat or Survey of Public Utility Easements to be Acquired by the Town of Pulaski, Virginia from W. D. Development (Pulaski}", dated January 31, 1991, prepared by Anderson & Associates, Engineers, and accepting such lines into the Town system. PROVIDED, that any such agreement of instrument must also contain provisions which 1) allow the Town access for connecting the existing lines into lines serving other areas, and 2) limit obligation of the Town to repair pavement and the like damaged in the normal course of repairs to reasonable measures; and 3) limit any future damages to the owner and its successors to exclude damages stemming from the construction, as opposed to the maintenance, of the system; and 4) make the owner responsible for maintenance of the lines for one year or until expiration of any warranties by its contractor. An assignment of any warranties may be accepted in lieu of such term. This ordinance is effective upon its adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on the 19th day of March, 1991. iii Chairman Graham stated that since October 1990, the Town has completed Infiltration and Inflow improvements totaling 546,000, and during the next year, the Town anticipates completing approximately 2,747 feet of 8 inch sliplining and 420 feet of 10 inch sliplining. The total of I and I abatement expenditures to date is 5263,850 which is funded through the bond fund. (A7). Chairman Graham requested an executive session on a legal matter ORDINANCE COMMITTEE Chairman W. H. Schrader had no report. REPORT FROM PLANNING COMMISSION REZONING Chairman W. H. Schrader stated the Planning Commission had met REQUE~arch 11 and 18 and had considered a request from Ms. E. Rebecca English to rezone 6.6 acres between Route 11 and Pleasant Hill Drive from R-2 (Residential) to R-R (Residential). Ms. English is proposing to erect and operate a temporary produce 8908 March 19, 1991 stand to market vegetables grown on the property. A joint public hearing has been set for April 16, 1991, 7:00 p.m. PUBLIC OPERATIONS COMMITTEE Street resurf. Co-Chairwoman Holston reported that Public Operations Committee had met March 13 and approved the awarding of contract to Virginia Asphalt in the amount of $220,000 for the Spring 1991 Street Resurfacing project. This project will pave 25 streets requiring 1,130 tons of asphalt. Co-Chairwoman so moved that Council approve the awarding of the contract to Virginia Asphalt in the amount of $220,000 for the Spring 1991 Street Resurfacing project, seconded by Councilman W. H. Schrader and carried on the following recorded vote: Charles D. Crispin - 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 Robert N. Glenn - Aye BONING Co-Chairwoman Holston reported that at the March 5 meeting of Council, Attorney Alan Groseclose, on behalf of Wyatt Development, STREET requested a right-of-way adjustment on Memorial Drive. The Memorial Drive right-of-way includes a jagged piece originally designated for the extension of Sunset Drive across Memorial Drive which was never developed. Wyatt Development is seeking to obtain the jagged piece to straighten their property line. The Public Operations Committee visited the site and recommended approval of Wyatt Development's request and a public hearing is scheduled for council meeting of April 2, 1991. ~1 SPEED Mr. Holycross reported that the Town Engineer had conducted a speed study on Randolph Avenue between 6th Street NW and 14th Street NW at the request of some Council Members. It has been determined that a proposed 35 MPH speed is a safe speed on this particular highway, and could be raised from 25 MPH. Council will solicit public comment on the proposed 35 MPH speed limit on Randolph Avenue at its April 2, 1991, meeting. A press release will be sent to news media on the solicitation of public comments. Chairwoman Holston reported that the Jefferson School Principal had STREET requested that the Town examine the Jefferson Avenue and 1st Street, SW, intersection. Due to the geometrics of the intersection, the Town is considering several alternatives, including installation of a four-way stop sign. The Public Operations Committee visited the intersection, and the Town Manager and Town Engineer will continue to study this request. MAYOR'S REPORT Mayor Hancock stated the Pulaski Main Street will be having its 3rd Annual Meeting. Mr. Bill Elmore's term as president will expire at this time. A Resolution was presented honoring Mr. Elmore. Councilwoman Holston so moved that reading of Resolution be waived, seconded by Vice Mayor Neighbors and carried. March 19, 1991 8909 Councilman J. R. Schrader made a motion that Resolution be adopted, seconded by Vice Mayor Neighbo rs and carried on the following recorded vote: Charles D. Crispin - 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 Robert N. Glenn - Aye RESOLUTION BILL ELMORE RESOLUTION #91-4 OF APPRECIATION TO WILLIAM H. ELMORE WHEREAS, William H. Elmore was elected to serve as President of Pulaski Main Street, Inc. in November 1987; and WHEREAS, throughout his three year term as President of Pulaski Main Street, Inc. William H. Elmore has served with great honor and distinction in providing leadership for the downtown revitalization program in Pulaski; and WHEREAS, William H. Elmore has provided leadership that has enabled significant progress to be made in the area of project organization, promotional events, design improvements and economic development in the central business district of Pulaski through the Main Street Program; and WHEREAS, William H. Elmore has declined to serve an additional term as President of Pulaski Main Street, Inc.; NOW, THEREFORE, be Pulaski, Virginia, that thanks and appreciation of Pulaski. This Resolution is unanimous vote of Town it RESOLVED by the Town Council of the Town of the Town Council does hereby extend its deepest to William H. Elmore for his service to the Town effective upon adoption and is adopted by ~ouncil this 19th day of March, 1991. Mayor Hancock stated that if Council were interested in serving on one of the Virginia Municipal League Policy Committees to please contact the Clerk. Mayor Hancock requested that the Town Attorney prepare a Resolution honoring the Lady Cougars Basketball Team. Councilman Crispin also requested that we honor the Chess Teams. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report, however, he did want to discuss a brief legal matter in executive session under 3.1-344 A7. TOWN MANAGER'S REPORT WATER Mr. Holycross stated that the Town Engineer had received notice from the Virginia Department of Health and they are in the process of issuing an amended waterworks operation permit to reflect the upgraded capacity (4,000,000 gallons per day) of the expanded plant. 8910 March 19, 1991 Mr. Holycross also requested an executive session on a legal and personnel matter, A7 and A1. At 7:40 p.m. Councilman Crispin so moved that Council go into Executive Session on three legal matters (A7) and one personnel matter (A1) under 2.1-344, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - 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 Robert N. Glenn - Aye At 8:35 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman Glenn, seconded by Councilman W. H. Schrader and carried. Councilman Glenn made a motion that Certification Resolution be adopted, seconded by Vice Mayor Neighbors and carried on the following recorded vote: Charles D. Crispin - Aye Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye CERTIFICATION Mary Lou Copenhaver - Aye Alma H. Holston - Aye RESOLUTION James R. Neighbors - Aye Robert N. Glenn - Aye ADOPTED Gary C . Hancock - Aye CERTIFICATION RESOLUTION WHEREAS, the Pulaski Town Council has convened an executive meeting on this date pursuant to an affirmation recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 52.1-344.1 of the Code of Virginia requires a certification by this Pulaski Town Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RE5OLVED that the Pulaski Town Council hereby certifies that, to the best of each member's knowledge, () only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Pulaski Town Council. LEGAL Councilwoman Holston made a motion that the Town Manager be authorized to finalize and execute an agreement with the owners of lot 21 and 22 in 'T'win Oaks Subdivision whereby the Town would agree to do limited drainage improvements in exchange for sewer easements and in settlement of the pending condemnation action. Motion seconded by Vice Mayor Neighbors and carried on the following recorded vote: March 19, 1991 Charles D. Crispin - 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 Robert N. Glenn - Aye 8911 Town Councilman J. R. Schrader advised an inquiry had been made for an propindustrial prospect to buy shale from the Town property on Draper Mountain and he so moved that the Town Manager be authorized to negotiate terms and sell the shale from Town Property to local industrial development prospect. Motion seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - 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 Robert N. Glenn - Aye At 8:38 p.m. Councilwoman Holston made a motion that Council adjourn, seconded by Councilwoman Copenhaver and carried. APPROVED: Attest: C erk of Council f ~l /q~' 8912 April 2, 1991 Minutes of the regular meeting of the Pulaski Town Council held April 2, 1991, at 4x00 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., Mary Lou Copenhaver, James R. Neighbors, Andrew L. Graham, Alma H. Holston, Robert N. Glenn Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Nr. Mr. Mr. Mr. Mr. Mr. Lindsey and Paul Dellinger, News Media and Mrs. J. B. Warner and Mrs. J. C. Montgomery Henderson Randolph Donald Trail Alan Groseclose John Hawley The Pledge of Allegiance was led by Vice Mayor Neighbors. The Invocation was given by Councilman J. R. Schrader, Jr. After the roll call and welcome by Mayor Hancock, Councilwoman Holston so moved that the minutes of the regular meeting of March 19, 1991, be approved as recorded, seconded by Vice Mayor Neighbors and carried. PUBLIC HEAR. The first item on agenda was a public hearing on the proposed SUNSET closing of undeveloped portion of Sunset Drive to the West of Memorial .DRIVE Drive. Mr. Holycross reported that at the March 5 meeting of Council, Mr. Alan Groseclose, representing W. D. Development Company, had requested that Council close an undeveloped portion of Sunset Drive to the south/west of Memorial Drive. The undeveloped right-of-way is located in the general vicinity of the new Memorial Square Shopping Center and contains 0.059 acres. Mayor Hancock reported that the Public Operations Committee had viewed the area and had recommended approval of the closing of the undeveloped right-of-way. Using a map, Mr. Holycross illustrated the area that is being considered to be closed. An easement for all utilities would be reserved should we abandon this right-of-way. No comments were received from the public for or against this proposed closing, and public hearing adjourned at 4:06 p.m. Mr. Holycross stated there is a curb cut at this location and staff would be willing, for a reasonable amount of time, to leave the curb cut in case it is used for development of the out-parcel. [] 1 0 CLOSE Councilwoman Holston made a motion that we close the undeveloped POR. SUNS~'ght-of-way, leaving the curb cut for a period of 12-24 months, and if