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HomeMy WebLinkAbout04-16-91April 16, 1991 Minutes of the regular meeting of the Pulaski Town Council held April 16, 1991, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Gary C. Hancock, presiding Council Members: J. R. Schrader, Jr., Mary Lou Copenhaver, Andrew L. Graham, W. H. Schrader, Jr., Alma H. Holston, Robert N. Glenn Planning Commission: Dr. A. W. Anneski, Chairman William T. Smith, Jr. W. H. Schrader, Jr. Roy D'Ardenne Joe Weddle Andy McCready Also Present: Frank Terwilliger, Town Attorney Don E. Holycross, Town Manager Robert Lyons, Asst. to the Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Paul Dellinger, News Media Dewey Epperley Sara Quillen Mr. and Mrs. Ray Peck Thomas H. McCraw Kathryn H. Webb Elizabeth R. Webb Mr. and Mrs. Claude S. Alley Rebecca English Evelyn H. English J. R. Ward William M. Webb, Jr. H. J. Hall, Jr., Fire Chief Beverly M. Holtz Mr. and Mrs. J. C. Montgomery Ruby R. Russell Susan MacBeth Betty Hess George Russell J. B. Warner Mr. and Mrs. Donald Trail Mr. and Mrs. Rick Pollard Tom McCarthy Hiwatha Nicely Alan Groseclose The Pledge of Allegiance was led by Councilman Graham. 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 April 2, 1991, and minutes of the special meeting of April 5, 1991, be approved as submitted, seconded by Councilman J. R. Schrader and carried. 8923 8924 April 10, 1991 FIRE Fire Chief Jeff Hall introduced newly promoted Fire Department DEPT. personnel. Mr. Bill Webb was recently promoted to Fireman. Mr. Webb has been a volunteer fireman since 1983. Mr. Jim Ward has been promoted to Captain and Mr. Chip Hutchinson has been promoted to Fire Prevention Officer/Lieutenant. Mayor Hancock read a resolution honoring George R. Russell, a retired Town employee. Councilwoman Copenhaver made a motion that resolution be adopted, seconded by Councilwoman Holston and carried on the following recorded vote: Charles D. Crispin - Absent 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 - Absent Robert N. Glenn - Aye RESOLUTION No . 91-11 GEORGE R. RUSSELL RESOLUTION HONORING GEORGE R. RUSSELL WHEREAS, George R. Russell, an employee of the Town of 30 years, has retired; and WHEREAS, George R. Russell joined the Town as an Operator/Maintenance Technician prior to the Sewage Treatment Plant's opening in 1960. George R. Russell served as Chief Operator of the Sewage Treatment Plant from 1986 till the plant's closing. At that time, George R. Russell worked at the Water Filtration Plant until his retirement. NOW, THEREFORE, be it RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on April 16, 1991, that the Town Council should and hereby does commend George R. Russell for his contributions and dedication during his 30 years of employment and wishes him all the best in his retirement. This resolution is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on this 16th day of April, 1991. Mayor Hancock then presented Mr. Russell with the framed resolution with Council's best wishes for his retirement. INDUSTRIAL Mr. Tom McCarthy, representing Pulaski County Industrial DEV. Development Authority, reported that the IDA had made the decision to AUTH. Participate in the financing of the Virginia Church Furniture expansion project. Mr. McCarthy also requested Council's approval with the County IDA helping, through the issuance of industrial revenue bonds, for the renovation and expansion of Magnox in the amount of four million dollars. April 16, 1991 8925 IDA Con't.Mr. Terwilliger advised that since the Town has its own IDA established, although inactive, before the County IDA can take action on the project within the Town, it has to have the concurrence of the Town. It does not involve commitment or involvement of Town funds. Councilman J. R. Schrader so moved that reading of resolution be waived, seconded by Councilwoman Copenhaver and carried. Councilwoman Holston made a motion that resolution be adopted, seconded by Councilman J. R. Schrader and carried on the following Charles D. Crispin - Absent Andrew L. Graham - Ay J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Ay Mary Lou Copenhaver - Aye Alma H. Holston - Ay James R. Neighbors - Absent Robert N. Glenn - Ay No. 91-12 RESOLUTION RESOLUTION MAGNOX OF THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA e e e e recorded vote: WHEREAS, the Industrial Development Authority of Pulaski County ("Authority"), has considered the application of Magnox Pulaski Incorporated ("Company") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $2,500,000 ("Bonds") to assist in the financing of the Company's renovation, expansion and equipping of an existing magnetic iron oxides manufacturing facility ("Project") located at 720 Commerce Street, in the Town of Pulaski, Virginia, has adopted a resolution of inducement thereon on August 7, 1990 ("Inducement Resolution") and has held a public hearing thereon on August 24, 1990; WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, Section 15.1-1378 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority created by the second locality; WHEREAS, the Town Council of the Town of Pulaski, Virginia ("Council") has created an industrial development authority; the Project is located in the Town of Pulaski Virginia ("Town") and the Council constitutes the highest elected governmental unit of the Town; WHEREAS, the Council adopted a resolution on September 4, 1990 approving the issuance of the Bonds; WHEREAS, the Authority adopted a resolution on April 16, 1991 ratifying, reaffirming and readopting its Inducement Resolution i 8926 April 16, 1991 ("Ratifying Resolution") except that the amount of bonds authorized has increased to $4,000,000; and WHEREAS, a copy of the Authority's Ratifying Resolution, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA: 1. The Council concurs with the Inducement Resolution and the Ratifying Resolution adopted by the Authority and approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147 (f) of the Code and Section 15.1-1378 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Town Council of the Town of Pulaski, Virginia this 16th day of April, 1991. Mr. Rick Pollard expressed appreciation to the Town and to the County for their continued support. ZONING Next on agenda was a public hearing scheduled jointly with the Town PUBLIC of Pulaski Planning Commission on a rezoning request by E. Rebecca HEAR. English to rezone 6.6 acres between Rt. 11 and Pleasant Hill Drive from R-2, Residential, to R-R, Rural Residential. Mr. Lyons advised that Ms. English was requesting that the property be rezoned to allow her to operate a seasonal produce stand on the property. Only produce actually grown on the property may be sold from the produce stand. He further advised that the temporary open air stand not exceed 200 square feet in area for seasonal sales and which shall be removed in the off-season when not in use.' Ms. English is planning to operate the stand on Wednesday and Saturdays from June 1 through October 31 each year. In compliance with the Zoning Code, sale is restricted to produce grown on the premises. Mr. Lyons stated that the applicant can continue to graze cattle on the property a as grandfathered use. Concern was also expressed over the Rt. 11 and Memorial Drive intersection and cars making a U-turn at that intersection to gain access to the produce stand. Mrs. Beverly Holtz felt number of cattle should be restricted and Mr. Alley felt they should get rid of the cattle. Ms. English stated that cattle are only on land six months out of the year. Mr. Terwilliger stated that there were cattle grazing on land prior to adoption of rezoning ordinance in 1987, therefore, they are April 16, 1991 ~.--.~, 8927 grandfathered in. There is a 75 acre total parcel they are grazing on at this time. Mr. Lyons reported that under current R-2 zoning they could have multi-family housing, apartments or single family housing. If rezoned to R-R, they could only have single family homes; they could not have apartments or multi-family homes. Mr. Holycross reported that the primary use in the R-R zoning that is not in the R-2 is the agricultural. At 7:32 p.m., the Planning Commission adjourned to another room to review this request. SPEED Mayor Hancock next received comments from the public on the proposed speed increase from 25 mph to 35 mph between 5th Street N.W. and the corporate limits on Randolph Avenue. Mr. Alley felt that an increase in speed on Randolph Avenue would be more dangerous. Mr. Holycross stated that accident records have been researched and from 5th Street to corporate limits there have been 28 accidents in 5 years, or six accidents per year. Only two of these accidents were related to speed. The Police Chief did not object to the proposed speed increase. Councilpersons Graham and Holston expressed that they felt speed limit should be left as it is, although the work done in research by staff was appreciated. Councilman Glenn also expressed that he felt this matter should be tabled for the time being. Councilwoman Holston so moved that the speed on Randolph Avenue be left as it is, seconded by Councilman Graham and carried on the following recorded vote: Charl es D. Crispin - Absent 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 - Absent Robert N. Glenn - Aye REZONING At 7:40 p.m. the Planning Commission returned to the Council meeting and Mr. Lyons reported that the Planning Commission voted to approve the request provided that the Town install a no-U turn sign at Memorial Drive and Rt. 11 on a post until such time as we could mount a no-U turn sign on the traffic signal that will be installed. Councilman W. H. Schrader reported that the Planning Commission wanted the no-U turn sign up immediately regardless of when the light is installed at the Memorial Drive and Rt. 11 intersection. Councilman W. H. Schrader so moved that request by Rebecca English to rezone 6.6 acres on Rt. 11 between Pleasant Hill Drive and Rt. 11 from R-2 to R-R be approved and that a no U turn sign be installed immediately as recommended by the Planning Commission, seconded by Councilman Glenn and carried on the following recorded votes Charles D. Crispin - Absent Andrew L. Graham - Aye 8918 April 16, 1991 J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Aye James R. Neighbors - Absent Robert N. Glenn - Aye PARK In hearing from the public, Mr. Raymond Peck, 104 Dora Highway, addressed Council regarding the behavior of people visiting the Dora Highway Park as it is a very bad situation. It was felt the removal of the horse shoes from the park would help. The possibility of moving the horse shoe pits to another area or eliminating this activity was discussed. Also, the need for closer police patrol. As there were no further comments from the public, Mayor Hancock called for Council committee reports. FINANCE COMMITTEE/PUBLIC OPERATIONS COMMITTEE Public Operations Co-Chairwoman Holston advised that the Public Operations Committee had met April 11 and also had met jointly with the Finance Committee earlier on this date. She reported that the Town Manager had presented a 1990-91 Annual Budget Revenue and Expenditure report. Also, that the Town Manager had reported that a $140,000 balance remains in the Highway Maintenance Fund appropriation from the Virginia Department of Transportation. The committees recommended that Council authorize an increase to the 1991 Street Paving Program from $220,000 to $248,000. The increase reflects actual quantities of asphalt used during the paving project. Additionally, the committees recommended retaining the remaining $112,000 for the General Fund as a reimbursement for administrative expenditures. Councilwoman Holston so moved that Council accept the Finance Committee's and Public Operation's Committee's recommendation in this matter, seconded by Councilman W. H. Schrader, Jr. and carried on the following recorded vote: STREET PAVING Charles D. Crispin - Absent 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 - Absent Robert N. Glenn - Aye At 7:48 p.m. Councilwoman Holston excused herself from the meeting as she had another commitment. PUBLIC & PERSONNEL RELATIONS, NOMINATING COMMITTEE BEAUTIFICA- Chairperson Copenhaver so moved that Mrs. Leora O'Dell and Ms. TION Marlis Flynn be appointed to the Beautification Committee for a three year term, seconded by Councilman J. R. Schrader and carried. Mr. Gilbert, Chairman of the Beautification Committee was commended by Chairperson Copenhaver for the work of his committee. In another matter, the Town Attorney had prepared an ordinance putting into effect the right of way adjustment on Memorial Drive that the Council considered and approved at its last meeting. 1 Councilwoman Copenhaver so moved that reading of the ordinance be waived, seconded by Councilman J. R. Schrader and carried. April 16, 1991 8929 Councilman J. R. Schrader made a motion that ordinance be adopted, seconded by Councilman Glenn. Councilman Glenn inquired in the developer had indicated any use for the outparcel of land purchased. Mr. Holycross reported that they have indicated that they do plan to develop it if there is a party that expresses an interest in putting a building on that site. Motion then carried on the foll Charles D. Crispin - Absent J. R. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye James R. Neighbors - Absent owing recorded vote: Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Absent Robert N. Glenn - Aye ORDINANCE N0. 91-8 ORDINANCE ORDINANCE ABANDONING UNDEVELOPED RIGHT OF WAY OF SUNSET DRIVE ON THE WEST SIDE OF MEMORIAL DRIVE WHEREAS, the Town Council received a request from W. D. Development (Pulaski) to close and abandon an undeveloped portion of Sunset Drive, on the West side of Memorial Drive in the Town of Pulaski; and, WHEREAS, the Town Council received the reports of the Town Manager, Town Engineer and Public Operations Committee recommending the closure; viewed the site; and held a public hearing on April 2, 1991 after notice as required by law, at which hearing no one appeared for or against closure; and, WHEREAS, the Council finds that it is in the public interest to abandon the right of way so that the Town will have no further maintenance obligation and so that the land can be put into more productive use; and, NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on April 16, 1991, that the portion of Sunset Drive lying on the West side of Memorial Drive in the Town of Pulaski be and hereby is closed, abandoned and vacated, and is quitclaimed to W. D. Development Corp. (Pulaski). The area hereby abandoned is more particularly described as follows: Beginning at a point on the western R/W line of Memorial Drive said point being S 28°35' 26" E 759.66 ft. from a concrete highway monument in the southwest line of Lee Highway, thence S 28°35' 26" E 100.002 ft. to a point on the western R/W of Memorial Drive, thence N 77°30' 38" W 25.39 ft. to a point, thence S 47°42' 31" W 13.00 ft. to a point, thence N 42°31' 21" W 49.99 ft. to a point, thence N 47°42' 31" E 29.89 ft. to a point, thence N 29401' 38" W 30.8 ft. to a point, thence N 61°24' 43" E 15.0 ft. to the beginning point in the western R/W at Memorial Drive; said parcel containing 0.059 acre, more or less. PROVIDED, however, that the closure and quitclaim of said street is 8930 April 16, 1991 ORDINANCE, Cont. subject to the following terms and conditions: 1. The parcel will remain subject to the existing right of way of Memorial Drive so that Memorial Drive will have a uniform and uninterrupted right of way. 2. The Town retains easements for all existing public utility lines crossing the parcel. 3. W. D. Development (Pulaski), by accepting this parcel, binds itself, its successors and assigns, to install curb, gutter and sidewalk along the Memorial Drive curb-line to the Town specifications within twelve months from the adoption of this ordinance, unless the area has been developed for use as an entrance to the owner's property. The Town Manager, for good cause shown, is authorized to extend the time period to a date no later than twenty-four months from adoption. 4. The owner must accept these conditions within thirty (30) days of the date of this ordinance by a writing filed with the Clerk of Council. Recordation of this ordinance in the Office of the Clerk of the Circuit Court of Pulaski County shall be notice to all persons that these conditions have been accepted. This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia, on the 16th day of April, 1991. UTILITIES COMMITTEE Chairman Graham advised that we had received an inquiry from citizen on Dora Highway regarding sewer. Mr. Holycross reported that this area was included in the grant that had been submitted and we should have notice of this grant shortly. Councilman Graham requested a legal matter be discussed in Executive Session. ORDINANCE COMMITTEE Chairman W. H. Schrader had no report. MAYOR'S REPORT Mayor Hancock reported we had received a letter from Jake Blevins thanking us for the restoration of the cannon that is now located in Jackson Park. Mr. Blevins also mentioned the installation of street lights and painting traffic line on Dora Highway. Mayor Hancock advised that dedication of the C & P Operator Services Center was held and employment is expected to increase at this Center. Mayor Hancock also advised that Virginia Church Furniture and Renfro are expanding and this is an exciting time for the Town. TOWN ATTORNEY'S REPORT Mr. Terwilliger had no report, however, he did request a legal April 16, 1991 matter be discussed in Executive Session. TOWN MANAGER'S REPORT 8931 RECREATIO#r. Holycross advised that Friends of the New River Trail Park had invited Council to be special guests April 20 for a ribbon cutting ceremony and trail dedication at 10:00 a.m. in the Draper community. This event will celebrate the opening of 11 miles of the trail from Pulaski to Allisonia. Mr. Holycross requested an executive session on a legal matter. Mayor Hancock requested an executive session on a personnel matter. Councilwoman Copenhaver so moved that Council go into executive session on three legal matters {A7) and one personnel matter (A1) under 2.1-344, seconded by Councilman Glenn and carried on the following recorded vote: Charles D. Crispin - Absent Andrew L. Graham - Aye J. R. Schrader, Jr. - Aye W. H. Schrader, Jr. - Aye Mary Lou Copenhaver - Aye Alma H. Holston - Absent James R. Neighbors - Absent Robert N. Glenn - Aye At 8:04 p.m. Council went into Executive Session. 1 At 8:46 p.m. Council returned to regular session and waived reading of the Certification Resolution on motion made by Councilman J. R. Schrader, seconded by Councilman W. H. Schrader and carried. Councilman J. R. Schrader made a motion that Certification Resolution be adopted, seconded by Councilman W. H. Schrader and carried on the following recorded vote: Charles D. Crispin J. R. Schrader, Jr. Mary Lou Copenhaver James R. Neighbors CERTIFICATION RESOLUTION - Absent Andrew L. Graham - Aye W. H. Schrader, Jr. - Aye Alma H. Holston - Absent Robert N. Glenn Gary C. Hancock CERTIFICATION RESOLUTION PULASKI TOWN COUNCIL - Aye - Aye - Absent - Aye - Aye 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 RESOLVED that the PULASKI TOWN COUNCIL hereby certifies that, to the best of each member's knowledge, (i) 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 X932 April 15, 1991 were heard, discussed or considered by the Pulaski Town Council. Councilwoman Copenhaver suggested that a resolution be prepared honoring the Neighborhood Watch Program. At 8:50 p.m. Councilman Glenn made a motion that Council adjourn, seconded by Councilman Graham, and carried. APPROVED: Mayor Attest: C1 rk of Council 1