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HomeMy WebLinkAbout10-11-60~~~ Minutes of the regular meeting of the Pulaski Cown Council held on the 11th day of October, 1960, at 4:00 P. M. in the Municipal Office. There were present: Mayor C. V. Jackson, presiding. Councilmen: Claude B. Gallimore, Eugene L. Nuckols, John W. Nash, F. L. Carrico, Glen K. Aust, Billy B. Flint Absent: W. S. Cummings and T. J. McCarthy Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Bill Akers, reporter for Southwest Times Mrs. C. B. Quesenberry, Mrs. V. L. Ti~ornton, Jesse Hopkins, Paul Roop, Conway Smith, J. B. Brillheart, Jr. The invocation wa.s given by Councilman Flint. Minutes of the regular meeting of September 21st, were approved. With regards to the two petitions for certain .lots at Tenth Street and Randolph Avenue, to be rezoned business, and which petitions had been referred to the Pulaski Town Planning Commission, Town Manager Noland, who is also Secretary of the Planning Commission, advised that the Planning Commission had held its public hearing on these petitions, and then gave the report for the Commission: "In the opinion of the Planning Commission both petitions are actually petitions for spot zoning and the Planning Commission is not in favor of spot coning. If a change in the Zoning Map is contemplated by REPORT OF TCFn]N PLANNING COMM. Council, consideration should be given to changing a larger area ON PETITIONS FOR REZONING OF than that called for in the two petitions. The Planning Commission LOTS ON RAND.AVF. & 10TH STS`; will be glad to study such a proposal at the request of the Council". MATTER TABLED After a discussion of the matter, on motion of Councilman Nash, seconded by Councilman Aust, and carried unanimously, it was RESOLVED, that the matter be tabled for further itavestiga- tion and consideration by members of the Council, and until such time as all members of Council are present. ST. COMMITTEE Councilman Nash, Chairman of the Street Committee, RECOMMEND OPENING OF LEX. AVF. TO stated that he had been requested by the two members of Council who FTRST ST.; COUNCIL ACCEPTS RECOMMENDATI ON - - ~ ~~~ r Council rains. contd. Oct. l1, 1960, 4 p. m. ;; v! were absent, and who are members of the Street Committee, to speak for .hem; that it was the recommendation of this Committee that the unopened portion ~if ~; ,. Lexington Avenue just south of First Street, S. F. be opened for traffi~i. On motion of Councilman Aust, seconded by Councilman Gallimore, and carried unanimously, it was I RESOLVED that the recommendation of the Street Committee be accepted; and that the Town Manager and Director of Public Works be, and they hereby are, directed to proceed with plans for the opening of a Lexington 'venue to First Street, S.E. Paul Roop, appearing for the Claremont Corporation, a real estate corporation interested in developing new subdivisions, asked Council to direct that a sewer line be constructed on Allison Lane, to ' CLAREMONT CORP. REQUEST SEWER service a residence which is now under construction, and seven other LINT ON ALLISON IANE T,~]HICH lots on the same side of Allison Lane, which they are in the process , REC>?UFST T~TAS REFERRED TO of selling. There was much discussion between Mr. Roop and Council SEWER COI~'~'IT.TTEE which discussion was entered into by the Town Manager, concerning the most advantageous location of the proposed sewer line, the problem of scheduling additional work at this time, and future subdivision develo- ment of the adjacent Claremont Corporation. On motion of Councilman Carrico, seconded by Councilman Aust, and carried unanimously, it was RESOhVED, that the request of the Claremont Corporation for the construction of a sewer line on Al1_ison Lane be referred to the Sewer Committee, with the request that the commottee act as soon as ;. possible. Mr. J. B. Brillheart, Chairman of the Recreation Commissions presented the following recommendations of this Commission for the consideration of Council: RECREATION COMM. PRESENTED "l. That a year-around recreation program be adopted. RECOMMFNDATI ON FOR A RECREATION PROGRAM, 2. That an assistant, or secretary, be employed only COUNCIL TO MA3~ during the summer months while the program is most STUDY OF SAME active. That part-time personnel be employed as YMCA TO USE needed, such personnel to be recruited from the TOWN-OWNED SKATES coaching and teaching staffs of the Pulaski Schools ' (on approval of the Superintendent of Schools). 3. That the Recreation Commission work closely with the h Pulaski Schools, the Pulaski YMCA; and local civic clubs in an endeavor to establish a well-coordinated recreation program. !~. That the sum of $111,500. be granted to carry out a full time program for the year 1961-62. We have discussed Pulaski's recreation needs with the 3~6~~ Council mins. contd. Oct. 11, 1960, !~ p. m. Superintendent of Schools. We have met with the principals of two of our elementary schools, with Mr. Athearn of the YMCA and members of the YMCA Board. After meeting with these people, discussing their problems and hearing their suggestions, we made a careful study of all the information we had secured. The above recommendations are the result of the study and we respectfully submit them for your approval." On motion of Councilman Aust, seconded by Councilman Gallimore, and carried unanimously, it was RESOLVED that the recommendations of the Recreation Commission be accepted for study and consideration by the Council. Mr. Brillheart further stated that Mr. Athearn of the YMCA TO BE ALLOIn~ED USE OF TOWR?-OWNED SKATES YMCA had requested the use of the town-owned skates in carrying out his program at the Central Elementary gym. This request was discussed by Council, and on motion of Councilman Gallimore, seconded by Councilman Flint, and carried unanimously, it was RESOLVED, that the YMCA be allowed to use the skates, and Town Manager Noland be, and he hereby is, directed to work out the details of such .loan with the YMCA, with the understanding that the Town would resume the skating program if a year-rcund recreation' program is reinstated. Town Manager Noland advised that the Contractor for REQUEST FOR CLOSING OF 1ST ST. REFERRED TO ST. COMMITTEE Route 99 had requested permission to close First Street at the point where the new bridge will span the new channel, for a maximum of approximately 28 days. Such a closing would speed up the project and assure better and adeouate fill material for Edgehill Drive, which the town is building. On motion of Councilman Nuckols, seconded by Councilman Carrico, and carried unanimously, it was RESOLVED, that the matter be referred to the Street AUTO DEALERS TO BE PERMITTED THE USE OF NEW ARMORY FOR AUTO SHOT~+TING Committee to .look the situation over and report back to Council at its next meeting on October 18th. The Town Manager reported that he had been approached on the day of the meeting as to whether it would be possb3e to have a joint showing by all the Automobile Dealers in the Town of the 196.1 model cars at the new National Guard Armory. On motion of Councilman Carrico, seconded by Councilman Aust, and carried unanimously, it was 1 1 1 ~' 32'7 Council rains. contd. Oct. 11, 1960, !G P. M. RESOLVED, that the Armory Commission is, and they hereby are, authorized to proceed to work out plans with the Auto Dealers for showing the new cars in the new Armory building, if such use i.s requested. On motion of Councilman Gallimore, seconded by Councilman Nuckols, and carried unanimously, it, was RESOLVED, that the Police Chief be authorized to proceed with the proposed Police Dog training program. The CHIEF OF POLICE program would include having the dog accompany his officer-handler AUTHORIZED TO PROCEED WITH DOG on night foot patrol in the downtown area. TRAINING PROGRAM The Town Attorney reportes on efforts of his office ~: to secure the necessary right of way for Edgehill Drive. At the suggestion of the Town Attorney, motion was made by Councilman Nuckd~-s, seconded by Councilman Gallimore, and carried unanimously, it was RESOLVED, that the following resolution be adopted: UIHEREAS, by resolution dated the 6th day of September, 1960, the Council did authorize E. G. Grigsby, C. L. Plunkett, and C. C. Jordan to appraise that certain property needed as a right of way on Edgehill Drive; and, WHEREAS at the time of the appraisement, E. G. RESOLUTION Grigsby, and C. L. Plunkett were unable to serve because APP OINTING NEW of personal. reasons; and, APPRAISERS FOR EDGEHILL DRIVE WHEREAS the Town Manager requested J. R. Glenn AND REPORT OF and W. B. Wyatt, Jr., to serve in their place and stead; APPRAISERS, and FOLLOW ' WILS:REAS, J. R. Glenn, W. B. Wyatt, Jr., and C. C. Jordan did, on the 28th day of September, 1960, appraise said property and have heretofore submitted their appraise- ment to the said Town; NO[~T, THEREFORE, BE IT RESOLVED BY THE SAID TOWN C IXJNCIL, that the aforesaid action by the Town Manager is '': hereby ratified and affirmed, and the appraisers who acted, ~$.. J. R. Glenn, W. B. Wyatt, Jr., and C. C. Jordan, are he re- by approved. Then, on motion of Councilman Nuckols, seconded by Countilman Gallimore, and carried unanimously, the following resolu~• tion was adopted: WHEREAS, by resolution on the nth day of September, 1960, the Council of the Town of Pulaski, Virginia, re- auested F. C. Grigsby, C. L. Plunkett, and C. C. Jordan to act as appraisers of certain property in the Town of Pulaski, over which the Town proposed to build a street known as Edgehill Drive; and, TidHEREAS, by reason of illness and other necessary business activities, two of the above three were unable to act; and, 3268 Council rains. contd. Oct. 11, 1960, ~ P. M. WHEREAS, J. R. Glenn and W. B. Wyatt, Jr., were requested to act in the place of E. C. Grigsby and C. L. Plunkett; and, WHEREAS, the undersigned, al.l being residents of the County, and qualified for making appraisals, have entered upon the .lands of the landowners herein- after referred to; NOW, THEREFORE, we, the undersigned appraisers, do hereby fix the value of land taken and damage to the residue upon those certain parcels of land affected by the construction of Edgehill Drive, a. street within the corporate limits of the Town of REPORT OF APPRAISERS Pulaski, Virginia, as follows: EDGEHILL DRIVE (1) EU(~;NF; MILLER: .011.1 Acre Land, easement and damage $ 50.00 (2) MARVIN ARNOLD AND JUDY ARNOLD: .06 acre Land and 5' easement $ 60.00 Damage to 3 trees 75.00 Total ~1~`. 00 (3) HARRY AUST: .23 acre Land and easement $230.00 Damage 00 Total ~z'3~"b~ Given under our hands this 28th day of September, 1960. Signed: J. R. GLENN C. C. JORDAN W. B. WYATT, JR. The Town Attorney explained that it now appears impossible to negotiate for at least two of the parcels involved in the right of way in the construction of Edgehill Drive. After studying a resolution as suggested by the Town Attorney, motion was made, seconded and carried on the following recorded vote, and the following resolution was adopted: ~`%~ WHEREAS, the Town of Pulaski, Virginia, a Municipal Corporation, proposes to build that certain street or road to be known as Edgehill Drive to connect U. S. Route 11 near its intersection with Peppers Ferry Road and Pico Terrace, with Route 99 (East Main Street) at or near its intersection with AUST & ARNOLD LAND Franklin Avenue; and, ON EDGEHILL DR. NEC.; NEGOTIATIONS INEFFECTUAL; WHEREAS, it is necessary to acquire either by TOWN ATTY. DIRECTED TO purchase gift or condemnation certain tracts of land BRING SUIT TO SECURE FEE which are required for the proposed right of way, SIP4PLE TITLE TO LAND and easements lying within said municipality; and, ~.~~ Recorded vote: Woodson Cummings Absent John Nash aye Fred Carrico aye Bi11 Flint aye G1 en Aust aye Claude Gallimore aye T. J. McCarthy Absent Eugene Nuckols aye 1 .--~ 1 1 Council rains. contd. Oct. ll, 1960, !~ P. WHEREAS, pertaining to the aforesaid project, the Town of Pulaski, Virginia, has caused to be made by C. C. Jordan, W. B. Wyatt, Jr. and James R. Glenn, three competent appraisers, an appraisal of the .lands necessary for the said project and an evaluation of the damages, if any, to the remaining lands of all land- owners along said Edgehill Drive; and, TiJIiEREAS, the Town has informed all .landowners of the appraised value and damages, if aqy, and has con- firmed the appraisal figures as offers by the said Town to purchase fee simple title and easements and as pay- ment for any and all damages as valued by the aforesaid appraisers; and, WHEREAS, negotiations have been ineffectual in making purchase of said parcels or tracts of land or easements and in payment of damages, because of the landowners' unwillingness to sell, grant easements or accept damages, if any, at the, appraised price offered them by said Town; and, WHEREAS the said Town deems the parcels of .land or easements necessary in order to establish proper right of way in the construction of the aforesaid road or street, as shown on plat and profiles filed in the office of the Town Manager of said Town; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting on the 11th day of October, 1960, that (l) The Town, in consideration of the premises, does hereby declare that the fee simple title, easements and damages, as the case may be, in the hereinafter described parcels of land is necessary and essential for the con- struction of Edgehill Drive; that its efforts to acquire said property or easements and to pay damages, if any, therefor have been ineffectual in that said owners have been unwilling to accept the appraised price t~ffered, and that by reason thereof, the Town now deems it necessary to acouirq~ fee simple title, or easement by condemnati on of the land of certain owners, described in detail together with the amounts offered, a.s follows: FROM HARRY E. RUST: Appraisal offer, including damages, if any, $230.00 Being as shown on a plat entitled "Proposed Edgehill Drive" prepared by R. Lloyd Mathews, dated August 17, 1960, which plat is of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 3, page ; BEGINNIAIG at a point marking the most southwesterly corner of the parcel of land recently conveyed to the Town of Pulaski by Pulaski Veneer and Furniture Corporation; thence with a line of the same 23.0 feet, more or less, to the north edge of the present location of Peak Creek; thence with the same, said .line being the southwest lines of lands of Eugene Miller and Marvin A. Arnold, a distance of 403 feet, more or .less, to a line of land of G. C. Bowling and Frank Wysor heirs; thence with the same, in a southerly direction 12.0 feet, more or less, to the south line of Proposed Edgehill Drive; 32~~) Council mins. contd. Oct. .11, 1960, ~t P. M. thence with the same on a curve to the right with a radius of 301.7 feet, and chord bearing a distance of North 53 deg. 21' West 15~~.0 feet to a point; thence, North 39 deg. 18' West 207.0 feet to a point; thence on a curve to the right with a radius of 95.4 feet and chord bearibg a distance of North 19 deg. 25' West 53.0 feet to the BEGINNING; and containing 0.23 acre; together with the right acid easement to use the additional area, 10 feet, more or less, in width, shown as being necessary for the proper ex- ecution and maintenance of the work. FROM MARVIN A. ARNOLD AND JUDY ARNOLD: Appraisal offer, including damages, if any, $135.00: Being as shown on a plat entitled "Proposed Edgehill Drive" prepared by R. Lloyd Mathews, dated August 17, 1960, which plat is of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Plat Book 3, page ; BEGINNING at a point on the northern or eastern ban of Peak Creek in its present location, where it intersects with the north line of Edgehill Drive; thence with said North .line South 39 deg. 18' East 80 feet, more or less, to a point; thence on a curve to the left having a radius of 271.7', and chord of South 53 deg. 21' Fast 132 feet, more or less, to the western line of the Sallie N. Joyce property; thence with the same in a southerly direction, 20 feet, more or less, to a point on the northern or eastern bank of Peak Creek in its Present location; thence with the same, and along the southwestern line of Marvin A. Arnold and Judy Arnold, a distance of 255 feet, more or 7_ess, to the BEGINNING; and containing .06 acre, more or .less, land, together with the right and easement to use the additional area five feet, more or less, in width, shown as being necessary for the proper execution and maintenance of the work. (2) The Town Attorney, Garnett S. Moore, and such other persons as he deems necessary to associate with him, are hereby authorized and directed to obtain by purchase, gift or corrlemnation, or by the filing of certificates of taking, the aforesaid property, including damages, if any, to the residue of landowners property; and to take any and all steps necessary under the rights of Eminent Domain given unto the said Town by the Constitution and General Laws of the State of Virginia, or the provisions of the Charter of said Town; and to do any and all other things that are necessary to secure the fee simple title or easements to said parcels of .land, and he is further directed to sign the name of said Town as its Attorney to any necessary pleadings or other papers. (3) The Mayor and Clerk are further directed to certify this resolution or other resolutions or records as are necessary in this proceeding:; (~ ) The Treasurer or ether proper officials of said Town are directed to pay into Court, or as may be directed by said Court or the Attorney for the Town, such sums as the respective landowners are entitled to for property taken, and damages, if any, to remaining properties, together with any other necessary costs which are required in carrying on the proceedings. Council rains. contd. t f~~'~~~ Oc 11, .2960, ~t P. M.°~{{F'F'JJ.~. The Town Attorney then explained the background of a conflict of Town's License Ordinance with the State Code; the CONFLICT OF T(3nIN ORD. WITH STATE conflict resulting from a recent amdnement of. the State Code. It CODE EXPLAINED, MATTER TO BE was further explained that it would be necessary for the town to ON A (~NDA amend its business .license ordinance by the adoption of a new section. The proposed new ordinance was discussed briefly and it was agreed to place the same on the agenda for action at the next meeting.; On motion of Councilman Carrico, seconded by Coundil- man Aust, and carried unanimously, it was RESOLVED, that an executive EXECUTIVE °: SESSION CALLED session be called at this time. Following the executive session, there being no further business, the meeting adjourned, at 6:05 P. M. Approved: ~~ ~~ Mayor Attest: 4~~~ cr ° ~