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HomeMy WebLinkAbout10-18-6032~? Council rains. ~Oet, ~.~,7-960, 1~ P. M. Minutes of the regular meeting of the Pulaski Town Council held on the 18th day of October, 1960, at !t P. M., in the Municipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: Billy B. Flint, W. S. Cummings, T. J. McCarthy, John W. Nash, F. L. Carrico, Eugene L. Nuckols, Claude B. Gallimore Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: Bi11 Akers, reporter for Southwest Times rlelvin Lang, reporter for Roanoke Times E. C. Gibson, Wm. H. Dent, Charlie Aust, EArly Aust, A1ton~I. Crowell, Ralph W. Deaton and A. E. Lemons. The invocation was given by Councilman Gallimore. Minutes of the regular meeting of October 11th were approved. With reference to the proposed closing of First Street at the point where the new bridge will span the new channel, Town Manager Noland advised that it was his understanding the main portion of the concrete in the new hridge had been poured the day of the meeting, and that there would be a minimum of .llt days before the concrete sets up, and perhaps three weeks before the bridge would be opened for traffic. He further stated that after talking with the contractor that day it appeared that the closing NO ACTION TAKEN of First Street was not as urgent as it had been at the last meeting. ON CLOSING 1st STREET DUE TO E. C. Gibson, representing the C & P Telephone Company; William CHANGE IN OVER-ALL SITUATION Dent, representing Mayberry Buick Company; Charlie Aust and Early Aust, representing their personal interests, appeared in protest to the closing of First Street, stating it would inconvenience them in the op eration of their business. Councilman Nash, Chairman of the Street Committee, to which this matter had been ref erred at the last meeting of Council, advised that in view of the change in the situation, his Committee had no definite recommendation to make, and the matter would be left entirely to Council to decide. He stated he would Council mins. contd. ~~ ~~~ ~ ~ Oct. 18, 1960, 4 P. M. abstain from voting on this matter inasmuch as the closing of First Street would affect his business. Council was of the opinion that in view of the change in the over-a11 situation, that First Street remain open unless an emergency should arise, such as a flood, in which case it would be left to the discretion of the Town Manager whether the street should be closed in such an emergency. On motion of Councilman Nuckols, seconded by Councilman Flint, and carried on thA vote of those present (Mr. Nash abstaining), it was, RESOLVED that no, action be taken with regards to the closing of First Street at this time. Totem Manager Noland read a petition from Harold Beamer and Mary Beamer, his wife, which had been drafted by their Attorney, John W. B. Deeds, which stated they are owners of Lot No. 16, in Section No. 11, which, at the present time, is within a zone restricted to residential purposes only, located on the north side of 11th Street within 1~ blocks of the Pulaski Hospital; "that ,your petitioner, Harold L. Beamer, one of the owners of Tyler Drug Company, and who is a pharmacist already, has located in the base- ' ment of this residence a pharmaceutical, chemical laboratory which has been in existence for as much as five years and in which he does strictly research work, having all of the facilities necessary to BEAMER PETITION RE: REZONING OF fill prescriptions, other than stocking the same with medicine and PROPERTY ON 11TH ST. REFERRED TO drugs, but which .laboratory has never been used on a commercial TOWN ATTY. FOR OPINION basis, but for consultation and research work with members of the medical profession". The petitioners requested of Council, the ' following: "(1) to find that the type of business hereinbefore described comes within the exception of Article 9, paragraph 10 of the Zoning Ordinance of the Town of Pulaski and is therefore permissible in a residential section, "(2) or in the event Council should determine that it does not fall within said section, that it be permitted as a non-conforming use without rezoning the lot in question, "(3) and in the event it should not be permitted as a non- conforming use, the said property be rezoned for business so as to permit the use herein described." t~~~ Council rains. contd. Oct. 18, 1960, !~ P. M. On motion of Councilman Flint, seconded by Councilman Cummings, and carried on the vote of those present, (Councilman Nuckols abstaining), it was RESOLVED, that the petition of Harold Beamer and. Diary Beamer, his wife, be referred to the Town Attorney for an opinion as to the legal points raised by the peti tion. At the October 11th meeting Council resolved to make a further study of the two petitions, from H. Paul Lewey, et a1s; and Thomas K. Johnston, and Marybelle Johnstone, for the rezoning of certain .lots at the corner of Randolph Avenue and Tenth Street, from residential to business and to withhold any discussion of same until all members of Council were present. Mr. Aust being the only councilman absent, on motion of Councilman Flint, seconded by Councilman McCarthy, and carried unanimously, it was NESOLVED, that the matter be taken up for consideration at this time notwithstanding the action of Council in adopting said resolution at its regular meeting of October 11th. There followed an informal discussion of these re- PiJF'LIC HEARING TO h~zoning requests by Council with the interested citizens present, HELD ON PETITION FOR REZONING OF during which discussion Mr. Deaton spoke for his and Mr. Lewey's TWO LOTS ON RAND. AVE. & TENTH ST. petition, and Mr. Lemons spoke in opposition thereto. Several visitors asked questions, as did members of Council. Alton Crowell, Attorney for the petitioners, requested Council to immediate7_y hold a public hearing, at which time any additional information could be presented, either by the petitioner or the Town Planning Commission. On motion of Councilman Gallimore, seconded by Councilman Flint, and carried on the unanimous vote of those present (with Councilman Nuckols abstaining), it was RESOLVED that a public hearing on the two original petitions, be advertised in the newspaper to be held on November 1st, at 330 p. m. ~~~ Council minx. contd. Oct. 18, 1960, ~ P. M. With regards to the request of the Claremont Corp- oration for a sewer line on Allison Lane, Councilman Carrico, Chairman ~f t the Sewer Committee, stated his committee had met on the side and ; i recommends that to assist in developing this subdivision which has ~ i already been plotted and approved, and believing it will be an asset to the Town, the Cocxnci.l allocate $7,000.00 from the Sewer Bond Issue Fund for the building of the line, provided the Claremont Corporation pay in advance a sewer connection for all their twelve lots facing on Allison Lane. It also being stipulated between the SEWER C OPT TTEE RECOhTMENDS CON- Town and Claremont Corporation that the Town will not be in any way STFdJCTION OF SEWER LINE ON responsible for any sewer line on the ridge lying some l~00 feet to ALLISON LANE UNDER CERTAIN the East of and roughly parallel to A17_ison Lane, which is the next CONDI TIONS TO BE SET OIl'T IN street in the proposed subdivision which, when plotted and approved, CONTRACT TO BE PREPARED BY ATTY~-11 come under the Subdivision Control Ordinance, under this contract to be drawn by the Town Attorney. On motion of Councilman Flint, seconded by Council- man Nuckols, and carried unanimously, it was RESOLVED, that the recommendation of the Sewer Committee be accepted. On motion of Councilman Nuckols, seconded by W. S. Cummings, and c.arr_ed on the following recorded vote; the following ordinance was adopted: Billy B. Flint - aye F. L. Carrico - aye W. S. Cummings - aye John W. Nash - aye T. J. McCarthy - aye Eugene L. Nuckols - aye Glen K. Aust - absent Claude B.Gallimore - abstaining AN ORDINANCE TO REQUIRE A LICENSE OF MERCHANTS ADOPTION OF ORD. PLACING VENDING MACHINES UPON THEIR PREMISES, REQ. LICENSE OF DEFININT RETAIL MERCHANTS AND OTHER TERMS; N~RCHANTS PLACING SETTING UP CERTAIN EXEMPTIONS; FIXING AMOUNT OF VENDIAIG MACHINES ON LICENSE FFE THEREFOR THEIR PREMISES BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PULASKI, VIRGINIA= That every person, firm and corporation engaged in the business of selling goods, wares arr3 merchandise through the use of coin-operated vending machines shall be classified as a retail merchant on that phase or part of the business done through such machines and shall pay to the Town an annual license tax for the privilege of doing business in the Town of Pulaski, Virginia, of Ten Dollars (10.00) plus Thirteen Cents (13~)per one hundred gross receipts exceeding Two Thousand ~~ d ~~ oct. 18 1960 1i P. M. Council mins. contd. > > ($2,000.00); providing, however, that if any such person, firm or corporation has more than one definite place in the Town of Pulaski at which goods, wares, or merchandise are stored, kept or assembled for supplying such vending machines, the annual Town license tax hereby imposed shall be the same as hereinbefore stated for each of such definite place in excess of one. The license tax hereby imposed shall not be subject VENDING MACHINE to pro-ration. ORDINANCE The term "engaged in the business of selling goods, wares, and merchandise through the use of coin-operated vending machines", as used in this article, shall be construed as including the use of such machines by a soft drink manufacturer or bottler and any manufacturer or packager of nuts, candy and sandwiches who leases, rents or otherwise furnishes vending machines to his customers for their use in selling at retail soft drinks or packaged nuts, candy or sandwiches, as well as soft drink manufacturer or bottler or a manufacturer or packager of nuts, candy and sandwiches who himself sells his products at retail through the use of such machines; and every such soft drink manufacturer or bottler and manufacturer or packager of nuts, candy and sandwiches qualifying under this article as a merchant placing vending machines shall report at retail selling price all sales made through such vending machines, and shall pay the tax thereon under this article accordingly. A soft drink manufacturer or bottler and a manufacturer or packager of nuts, candy and sandwiches qualifying under this article shall be deemed to have qualified as to all vending machines placed and in any way serviced by hi_m whether the sale at retail through the use of such machines are made by the manufacturer, packager, or bottler himself or by his customers. Regularly licensed retail merchants paying reta.i.l merchants license tax on their sales a.t retail sha1.7_ not be rewired to have any separate vending machine .license on such coin-operated .machines which. are located on the premises of their place of business. So much of Section 59 of the Town License Ordinance, entitled, "Vending and Weighing Machines, Etc." as is in conflict with this ordinance, is hereby repealed. There being no further business, the meeting adjourned at 5:~5 P. M. Approved: ayor Attest: . er 1