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HomeMy WebLinkAbout10-08-63~~~~ Minutes of the public hearing held by the Pulaski Town Council, on the 8th day of October, 1963, at 2:00 P. M. in the Municipal office. There were present: Mayor C. V. Jackson, presiding. Councilmen: C. B. Gallimore, Eugene L. Nuckols, Billy B. Flint, W. S. Cummings, F. L. Carrico, Glen K. Aust, T. J. McCarthy, W. A. Larson Also present: Town Manager: T. B. Noland Clerk: Gladys R. Dalton Town Attorney: Garnett S. Moore Visitors: John Columbus, WPUV Jim Terrell, Southwest Times Fred Loeffler, Roanoke Times Phil M. Sadler & Howard C. Gilmer, Jr. Attys.for Coleman Furniture Corporation, et als John B. Spiers, Jr. & Duane E. Mink, Attys. for A & P Gr+~cery Company J. B. Shumate, Sr. - Coleman Furniture Corp. J. B. Shumate, Jr. " " " Andrew M. Karres Harry Aust Geo. A. Hillsman & Jean King-Chamber of Commerce Elizabeth Bonham Helen B. Crumbley Dess F. Boothe Effie T. Boothe Ernest Aust S. W. Whisman John Kerr Leta A. Satterfield Mrs. D. M. Painter Mrs. L. E. Whitsell Max Trompter D. D. Landis The invocation was given by Town Manager Noland. The visitors were welcomed by Mayor Jackson, who asle d those who were represented by Counsel to let their Counsel speak for them, so that an orderly hearing could be held. Mayor PUBLIC HEARING Jackson designated a maximum of one hour for each side to RE: ALLEY CLOSING REQ. present its case, with fifteen minutes for rebuttal. A copy BY COLEMAN FURN. CORP. of the viewers' report to Council was given to all members of Council and visitors present. Said report and instructions to viewers, as follows: re: Town of Pulaski, Virginia Vacation, alteration or abandonment of portions of three alleys lying in the Town of Pulaski and as shown on petition filed by Coleman Furniture Corporation. Convening of the duly appointed viewers of the said Town at 3:00 o'clock on the 30th day of September, 1963, in the office of the Town Attorney, Pulaski, Virginia. Council rains. contd. 10/x/63 2:00 P. M. ~~ ~~ PRESENT: Garnett S. Moore, Attorney for the Town of. Pulaski. E. C. Grigsby C. L. Plunkett Graham Fizer Archa Vaughan, Jr. W. W. Walton The viewers are hereby instructed by the said Town Attorney as follows: (l) That your appointment was made by the said i Town under authority granted in Title 15, Section 766 of the Code of Virginia of 1959, as amended, and any and all other general powers granted said Town; r (2) That as viewers appointed by said Town, you are instructed to view those certain premises set out and described in the resolution adopted by the Town Council, of the Town of Pulaski, September 17, 1963, being those certain INSTRUCTIONS alleys in, around or near Coleman Furniture Corporation and more fully described in a copy of the resolution attached hereto TO VIFWF;RS ' (3) You shall determine by your view and your evalua- RE: RFQ. OF tion thereof whether or not any inconvenience would be caused by the closing, abandonment, or the alteration of any of the COLEMAN FURN aforesaid, and if any inconvenience, what inconvenicne would i result and to whom from discontinuing the same as a part of FOR CLCt`>ING the alleys of the Town of Pulaski, Virginia, ALLEYS (I~) To report in writing your findings as above instructed in this matter to the Council of the Town of Pulaski, Virginia. This report is to be filed as soon as convenient after you have viewed all of the proposed alleys, or ease- ments to be abandoned or altered, and after your evaluation thereof from your view, and from such other facts you determine to be pertinent thereto. 1963. Given under my hand this 30th day of September, (s) Garnett S. Moore Attorney for the Town of Pulaski, Virginia Viewers Report: Council, Town of Pulaski Vir i nia ' g VIEWER'S We, the undersigned viewers appointed by you to REPORT OAf view those certain premises set out and described in the resolution adopted by the Town Council of the Town of Pulaski, CLOSING OF Virginia, on September 17, 1963, being those certain alleys in, around or near Coleman Furniture Corporation, ana more THREE ALLEYS fully described in the copy of the resolution and designated as Alleys Nos. 1 (one), 2 (two) and 3 (three) as described, REQST. BY were instructed that by our view and evaluation thereof we were to determine whether or not any inconvenience would COLEMAN FrJRN, be caused by the closing, abandonment, or the alteration of any of the aforesaid alleys, and if any inconvenience, what inconvenience would result and to whom from discontinuing same; have so viewed these alleys and the surrounding premises and report as follows: x`7''74 Council rains. contd. 10/8/$3 2:00 P. M• (1) That we believe that no one cQUld be in- convenienced by the closing or abandonment of portions of alleys designated as No. 1 (one) and No. 2 (two) except Coleman Furniture Company, Inc. and that it would probably be to their advantage to have them closed and abandoned. Also that no alteration of them could be considered. (2) According to past and present performance, it is our opinion that the closing and abandonment of that portion of the alley running Fast and West between Washington and Madison Avenues, and designated as Alley No. 3 (three) would not inconvenience anyone in connection with use of the property of Luttrell Chevrolet Corporation, the adjoining Huff property or the property of Whiting Oil Co. bordering on other portions of this alley. (3) We are of the opinion that no one connected with Coleman Furniture Co., Inc., would be inconvenienced by the closing or abandonment of that portion of the alley in question designated as No. 3 (three), but that it would be to VIETVJER'S their advantage. (1.~) We are further of the opinion that the closing REPORT and abandonment of Alley No. 3 (three) could be of inconvenience to anyone or more persons interested in the establishment of a business on the .now vacant property consisting oi' lots or CONTINUED portions of lots 9, 11, 13 and 15 fronting on Fifth Street and running back to the North line of a portion of this alley of which Alley No. 3 (three) is a part by reason of not being able to have through traffic approach the back of these lots by way of the now existing continuous alley from Washington Avenue. (5) We do not consider that we are in any position to give or have an opinion as to what property owners or ~5ersons might be inconvenienced by alteration of the alley in question between Washington and Madison Avenues unless by alteration is meant the closing of that portion of the alley designated as Alley No. 3 (three). If by alteration it is meant to circum- vent or go around in some different way so as to keep a oontinuous passage way from Madison to Washington Aveciue, we are in no position to know lbw or who might be incvnvenienced, except that we are of the opinion that the Town of Pulaski, all its people acid others would be materially inconvenienced by any appreciable amount of traffic coming from this alley into Washington Avenue to create a hazardous intersection and a traffic bottleneck, however it might be handled. Dated this 7th day of October, 1963 Respectfully submitted, (s) C. L. Plunkett (s) E. C. Grigsby (s) Archa Vaughan, Jr. (s) R. G. Finer (s) Town Attorne Moore Wm. W. stated Walton that the hearing was y being held pursuant to a resolution adopted by the Council on PROCEDURES the 17th day of September, 1963, which indicated that the OUTLINED petitioners, Coleman Furniture `Corporation, properly gave notice' BY TOWN ATTY. oM the 1~th day of September, that being the first day of the RE: ALLEY CLOSING September Term of Circuit Court, and by posting said notice in Council mins. contd. f'7`75 10/8/63 2:00 P. M. three different places in the Town, including the front door of the Courthouse, and presented same to Council on the 17th day of September, 1963, at which meeting Council appointed five (5) viewers. The five viewers met on the 30th day of September, 1963, and were instructed by written instructions and filed their report to Council on the 7th day of October, 1963, said report does not bear the signature of Dr. W. W. Walton, one of the viewers, who was out of town at the time of the signing, but that Dr. Walton participated in the deliberations and view and in the writing of the report, and has advised that he will sign the same upon his return to town. Council has accepted the report and the same is a part of the record of this hearing. Attorney Moore advised that if there were objections , to the procedural steps outlined, this would be the proper time to state same. No one voiced any objections to the procedure which had been followed in this matter. Mr. Sadler stated that while Council was waiting on the arrival of Mr. Gilmer and Mr. Spiers, and their respective clients, he would like to state that an agreement had been reached and was now being drawn to be signed by the interested parties AGREEMENT which would result in Coleman Furniture Corporation petitioning` REACHED the Council to close only 125 feet of the No. 3 Alley, as RE: CLOSING described in the original petition; this 125 feet being from ALLEY F3F;T. ` the Aust property line to the Luttrell property line, and only MADISON & a portion of the alley in question. Mr. Gilmer stated he was WASHI NG'I'ON pleased to report that an agreement had been reached between AVENUES the interested parties, which was being typed at that time, to be signed as soon as it is typed, in which the interested parties state they do not oppose 'the closing of that 125 foot portion of A~11ey No 3. Mr. Gilmer asked Council to act on their request for the closing of the 125 foot portion of this alley. It was explained there would be no re-location of the alley, but that they had worked out an agreement whereby additional property would be purchased and the portion of the a11Py off Madison Avenue to the Aust property would remain open for traffic. ~~~~~ 10 8 6 2:00 P. M. Council mins. contd. ~ ~ 3 Mayor Jackson advised if there were any persons who desired to be heard relative to Coleman Furniture's petition for closing the said alleys, Council would be glad to hear them at that time. Mr. Spiers stated, that subject to what Mr. Gilmer SPIERS WITHDREW had just stated, as he had not received a copy of the signed OPPOSITION ON agreement, he wished to withdraw for his client, any opposition REPORT THAT AN to the closing of Alley No. 3 as just outlined by Mr. Gilmer AGREEMENT HAD subject to the completion of the agreement. BEEN REACHED BY Mr. Harry Aust stated he was in accord with the INTERESTED PARTIES procedure as outlined by Mr. Gilmer. Mr. I,. E. Whitsell, 37 - 5th Street, N. E., stated she was opposed to the closing of Alley No. 3 because she f eft a business or shopping center located on Fifth Street would need an outlet on the back, and further that it would serve as an overflow for traffic from Madison to Washington Avenue, at times. Max Trompter, Fifty Street, opposed the closing of this alley. OBJECTIONS Miss Elizabeth Bonham, 12 - 6th Street opposed the closing of VOICED BY the alley and asked Council not to allow industrial development CLOSE NEIGHBORS to encroach upon the residential area any more than it does at ON FIFTH ST. present. Mrs. Davis Painter, 25 - 5th Street, N. W., also opposed the closing of the alley. At this time Mr. Moore ex- plained to the visitors that the agreement which was being drawn abd which Mr. Gilmer had just explained, did not prohibit the A & P Grocery Company from locating in Pulaski on Fifth Street, and even if Council so desired to grant their petition for the closing of 125 feet, it still would not prohibit the development of the shopping center; that an agreement had been reached whereby additional property would be bought which would enable-the A & P Company to establish a store there. In answer to questions from Councilman Nuckols and Councilman Gallimore of Mr. Karres with regards to the use of this alley off Madison Avenue by citizens, Mr. Karres answered that there would be times when I Council rains. contd. 10/8/63 - 2:00 P. M. there would be trucks in there unloading and the public would A & I' GRO. not be able to use same, but that the alley must be open for WOULI) NEED them to have use of it. He further stated there would be access OPEN ~4LLFY to the proposed parking lot by this alley as well as from Fifth FOR (>]?~'RAT- Street. IONS. Mr. 8piers, Mr. Gilmer and Mayor Jackson exchanged thanks for the efforts each had undertaken in arriving at a solution of this situation. Mayor Jackson advised that Council would take into consideration the petition of Coleman Furniture Corporation, and its decision would be rendered soon. The visitors left the meeting, and after a short discussion by Council, Councilman Flint moved that the meeting COUNCIL TO MAKE KNOWPi ITS be recesses until L:00 P. M. October 10th, at which time Council DECISION AT SPECIAL would make their decision known with regards to said petition. MEETING ON IOTH This motion was seconded by Councilman Larson, and carried. The meeting adjourned at 5:30 P. M. Approved: ayor Attest: ~/ ~.. er 1