HomeMy WebLinkAbout12-06-60•t
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Council minutes Dec, 6, 1960. )a:00 P. I~.
i~";.notes of +-re re~~.zl<:r meeting of the Pulaski Town Council,
h~.1.d on TueSrl^y, December 6, :! 960, 't. 1, :00 P, Ni, , in the Mtan~ ^..~.ral
Office.
There were nr~sent: Mayor C, V. Jac!'snn, nresi.d~ng.
Councilmen: B~_lly ~3. Fl int, 1rT, c . Cummings, T. J. McC?rthv,
Cxlen K, Aust, ~'. T . Carrico, John W. 1~?ash, Fugen
T , T`?~,tckol^. C,.^u^~ R, G~~ ~ imore
_, so present: mo-.m M^na~;er: T. ?3, n?n1=~.n~'
C7. c~rl~ : Gl ~~?~rs R . D?~ ton
To,,,n ntt.~..nw: G'~rn~tt c. Moore
~~i°i to»c: >3i1.7. -1kers, reporter for the South?,~est Times
Mrs. Grace Carrnahan, Librari.a.n
Fire Chief D. G. Rav & several members of the
°'~.Z.aski F'~.re DPpartmerit
Ro~~ert P. Hurbl°, t/a Diamond Cabs
FJ. zie L, Turman, t~a Ci_t'T C~h
Dennis Ratcl.iff, t~a Safeway Cabs
James F, Galli.more, +,/a Safeway Cabs ~ their At+.,y.,!
?'hilio M. S ~ dl er
The invocation was given by Councilman Galli.more.
A
Town N(~na,-per Noland rresented .~ neti tion sz_gned by
approximately 1Z, persons living in the lower portion of Brozm Additi_cin,
reauesti.ng sewer serv~.ce, This nnt.itien was tabled for. the time '
PFTITIOP; FOR. be~_ng, but later in the mseting it was ag^i.n discussed and on
SFj~Tr' R Tr RRO? .~'1
^~I)DN, R~}'?'RRED motion of Councilman Nuckols, seconded by Councilman Aust, and
TO SEWF'1;'. CON'TfiTTFF
carri ed unani.mousl.v, i+, was, RT'SOLVED, that same be referred to
th.F Sewer Committee for investigation ^nd report to t-h~ Counc~.3.
P![rs, Grace Carnahan, Librar~._an for the `-'tt1_aski County
L_br~ry, presented to Council the Ann!ial Finanr~al. Report 199-60
fnr the T:ibrary, sho~~ri.ng Receipts and Disbursements, each i.n the
sum of ~20,Ii30.00. Nirs, Carnahan also stressed the need for
FINAPICIAI, housi.n~? faci7_ities, and stated the number of books shown on her
RF,~'ORT nl~
PiJ:~,ASKI ~'0. report as hav~_ng beer. borrowed ~_n~~_c,-=+es the need of the
I:T3RARY GIVEN
BY MRS, I,ibrartr, as wP~ 1 as to state that i n many nstances thn I.i.brary
rARI`~AHA?'
is the only adult education center av-lable for many persona ,
.after leaning High School.
Fi; ° Chi=+f Rav advi seal Counci 1 tha+., it was almost i_mnossi_b1Q
:~:;-RF- C'""REF R.4Y for the volunteer firemen to fi nd pJ ace to park near the Fire
n ~N~S"~T~'~? ?' ^ RKII~?G
PROBIr,,' AT ~'IRF.. Department. on ttirashington Avenue whin =answer ~_ng a fire ^a11. He '
STATIOT~; FIRE
DF,PT, , COMNIITTF~'
TO W0;~'I~ Ot?T DF.TAIT~S
MICROFILMED
VIRGINIA STATE LIBRARY
Archives Dinvision
Camera Operator __W..:;C.,,,,,_,
~O'-------- -
Reel No.~_ I_!__._ Date.__AUG,__Z ~_. )97$___._..____.
3292
Counc;_1 mi_ns, contd.
Dec . 6, 1960, Z~ : 00 P . N1.
stated the parking lot next to the Fire fitation, which belongs
to thF TOTnrn, is usuallz~ filled, but that h~ wondered if it
wrnald be possible t•o have the first line of parking spaces next
to the sidewalk reserved for the Curb Market, and the remaining
Space reserv~d,tby signs, for the Fire Department. This request
w:as discussed bar Counc~.l and on motion of Councilman Carrico,
seconded h~T Co~.mci7man Nuckols, and carried unanimously, i.t was
R~'SOLV~D, that the matter. of this reenest be turned over to the
Fire Committee to work out details with the Fire Department, and
report back to Council.
Fire Chief Ray advised that the Ctate Fire Training Committee
has asked the Pulaski Fire Department t•o prerare fc~r Regional State
RFGIOP?AL DTI-1`j'E
FIR.F SC?-TOOL TC School to be held in Pulaski, to serve all of Southwest Virginia.
BF. H!?I:D IT? P?Tj,;ASKI,
DISCTISSION OF He stated the Town would enjoy a much better rating if such a
STATF TRAIT`?ING
SrHOOT ;,rTTH training school could be set up, and wondered 9 f the land fi_11
I-~'AP,~U~'~.P:.T~'RS AT
P?TI:4SKI TO ~ area beyond the new armory could be used for fire training grounds,
COP?SIDFRFD
to be operated under the State orga.nizat,i_on, for the Fire Department
i n the South?~rest Vi r~i pia area. There were favorable comments on
this suggestion from Council and Town Manager Noland felt that the
area beyond the Armory would be perfer,t -i.nasmuch as ±.r~ Armory
was near and classes could be he7_d i.n the Armory durinp~ bad weather.
Upon motion of Councilman Carrico, seconders by Councilman
Cumm;.n~s, and carr-i Pd. ~.z.nan?mouslzr, Town N?anager rJoland was directed
to 7.ook the si tuati on over with the members of +,he Fire Committee
and report back t~ Council.
Bill Akers, representing the Jaycees, asked Council for
~7AYC~;ES ASKED nermi_ssion to erect a composite sign anproximatel,y 13' high by
PERMISSION TO
FRFCT SIGP1 16' wide at the cornora.te Limits, on Route 1.1, towards Dublin and
AT CORPORATE
I;IMTTS, ST, at the foot of Drawer's Mountain for the pur;~o,^P of showing time
COMI~,ITTFE TO
REPORT On? SA~?~ and place for meetings of Ci v;_c Clubs, plus welcomi n~; persons tc
Pulaski. T1-.ere was much discussion about how this method of
"ad~Tertising" i ^ ~rroUr-erg rat7id7y, and on motion of T. J.
NTcCarthy, seconded by Councilman Nuckols, and carri.~d unanimously,
i t was RFSCI VED, that the matter be ref. erred t,o th ~ Street
Commi-ttee ?nd Town N;ana,^~er No7_~nd, to work otzt• the details of
same, after formal app7_ication is submitted.
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X293
Council m=_ns. contd. Deo. 6, 1.960, ~i:00 ~',M.
At this i-ci nt Mayour J?clrsor_ decd ared th.e meeti ng tc be a
nubl-~.c hearing for the nurro~e of consi_derai_ng annli cations for
Taxi.r•~b Certi-ficat,es of Conveni enne and Necessity, Nr, Phi_lin
Sa~t1_er, ^.ttorney fo~, the taxi ~~?~ o;,,n~,,~~ ~r.,, or~ratcrs, sta+.,ed that
since the <dcnticn bT- Cohr:cl _.n ~•.+,ril, X95°, o=' '!_n amendmen± t~o
Section 1"-5, etc, of tre Town Code , F~stabl.sh;_ng zcres a.nd rates
of charges for ta~Ci service, that one +,~:.xi ca.b owner and o~ erator,
;;,. ~I, Davis, }gad been •,zndercharCing the sneci-.fled rate fcr taxi
servi ce w-] th~rt the two mile zo?1F o~z+si~te the core^orate 1im~ t,s;
?BLIC ~-f!±r1RING that.. rir. D=z~ri_~~ had been arm_ro3ched abo~~t this any? he adTn;t,ted
^PPiTCAR^'ON 0~ this tc be true avid !-.hat, he di_~? not intend to comnl~r with thi.,;
T'. ~?. DA''~ S ,AS
?.,~`;,?, ^,C nmt~R portion of the or~i.na.nce. N'r. Sadler Mated thn other m.cmber~- fe~.t
TAXTCAT? (~'~1FRS
~~ ~~R RFr•?F'~~AL OF that because of N~:r!. Davi s' ^.tti tu.d~, h =.npli cation for Certi_fi.cate
C~'RTTFTf'~ATrS
CONTIT'LT~'D of Convenience and Necessit;r should not be renewed. Council di_s-
c~.zssed this at 7_ength, and on motion o-° Counci?_mr~n F7_int, seconded
b~,* Councilman Push, Counc_1*nar. r'u^,.ols ~bsta ~ ~ti ntT, ~ ±, was
RESOI;V~•D
,
,
that i~r, Davis be instructec to come before the Col: r,~•i_1 and shov,J
C'_:?1Se Tnr~""r h ~) ?'PY"'"I'-'% s110u~.d bP, rf'nP.weC' =.'t"~~ +~"t ~• '.3 i`Ub~?_7_C hey ri_naa
W ~_th refeY•P,n.Ce t0 t~"it' ~?'p~..Ca.t70n Of' .'~. U. DaV~.:, be Conti Hued until
~,he regular meeting on the ?0th of Dc^cmber
196(`.
,
Council ad~~:i.sed that decisi on on the rema.:i ni_ng a~~pli.cations
for the oneratior_ of thirty vehicles, T~JOUId be he7_d i_n abeyance until;
its' next regular meeting on December ?0
1960.
,
It was the recommendation of thF Street Committee, a.nd retorted
by Councilman Nash, that Bank Street be opened between Union Avenue
RFCOP~~'~IFND~.'.TION OF
C("~LTT~'F'CO and Newbern Street and i_f the land owners gave an additional 1.0 ft,
OPrN B'tPdK; `fiT.
"CC'°Tr~D ~t'~ right of wa.y :along a 20 ft. alley between Third Street and Bank St,,;
CCJrn1CIL
the ToT-n should cooperate by i.m~rovi ng the resulting ~0 ft. street
amd Bank Street. On motion of Counc-i_l..man NicCa.rth~r, seconded by
Councilman Aust, t?nd carried unanimouel~r, it was, R>~;SOTVH'D, that
the recommend~tioCt of the ~'treet Committee as stated above, be
accented.
Totem 1~ianaRer Ploland advised that: another ;petition had been
rcceivF~d from residents of r~Iathews Court for hardsurfa,,;_rtg~ or thF
st,^eet. It waG b~•ou~ht out, that tr-'°,e re^i_den+s ha~re ~ nri-T?te
j
X294
Council rains. contd.
Dec. 6, 196!`, :; :00 ?. _.
well and water 7.'n~=. Several summers apo th~v ex^~renced .~^me
d fficult~r w th tho well any? asked Council for a w~-:ter line. Council
met in spPCi~l session because of the emernencyand appropriated money
for the water line extension, but in the meantime these residents
were ab7_e to yet the well. operating a.gai.n and withdrew their
petition for water servicF. It was ~:7so brought out that i_t would
not be practical to hardsurface this street and later on have
to di_g it up to lazy a water line. Council. Nash, Chairman of the
Street Committee, stated. his Committee had investigated the
situation only last summer when these residents had asked for
hardsurfacing of the street, and that his committee at that
COUNCTI: !!CCEPTS time recommended to Council that- the petition be denied because
RF C OMMFT?DATI ON
OF CO?~TTEF at some .future time a water line would be ~.nstalled in the street
RF HARDSURF.~_CING
OF Iv?ATH~"G~TS COUR'Iand it would not be feasible to hardsurface same any? later on have
NOT BE DONE
AT PRF'SrA?T to dig it up and install the water line and that ~_t now ar~neared
that the situation was the same, and his Committee would recommend
that the Street not, be hardsurfaced unti 1 the water 7_ine has been
installed in the street. On motion of Councilman Nuckols,
seconded by Counri_lman Gallimore, and carried unanimously, it
was, RESOLZ>FD, that the report of the Street Committee be
accepted with regards to the petition for hardsurfacin~ of the
street in Mathews Court.
Councilman Aust stated the Recreation Committee hoped to have
a report for Council on a recreation program shortly.
Tosm Manager Noland advised that i. t; was his understanding
that since Thomas K. Johnston had petitioned the Council tr,
rezone his lot at Tenth Street and Randolph Avenue from
TO?~:il`? MGR.RFPORTresir'ential t~~ business, I~ir. Johnston now sa=rs he wi7.7 construct
ON ZONING
PETITIONS RF.: a one-storv building on his lot on Tenth Street. I'~Tr. Noland.
TOTS ON RAPID.
^.VF. & 10TH. further stated that a public hearing wo~zl.d be held b,:r the Board
TO?~IN ATTYS.
OPIIdI01`? TO of Zoning Appeals at 1:'?~ P. M. on December 20th, on the
COITNCIL RF
B~'^Nf`~R PFTITIOPdapplication of Ralph TAT. Deaton, H. Paul Iewey and Robert O.
Stur~-il1, Jr., for. a building permit to construct an t!pothecary
store on their lot at Tenth Street and Randolph Avenue. In the
matter of the petition of Haro7_d L. Reamer, et ux., to Council. f_or
Counci_7_ rains. contd.
nPC . F~, 1.960, 1• ~. M.
rezoning of their lot on Eleventh Street, and which had been
referred to Town Attorney I~Joore for an opinion, T~~ir. T~'~oore's
opinion is as follows:
RF : P'~~TITI ON OF H. L. BE.4P~T~'R APJD MARY S. BFAI~ ~ R, or more
particularly to that part of it found upon page 2 of
said petition, a.s follows:
"(1) To find that the tame o~' b~:sinoss herein-
before described (facts set ou±• ;n the first part
of peti_tion~ comes w; tn-i n the e,~~cepti on of Article
9 (10) of the ?oninl* Ordinance of t'~e Town of
''u7.aski , Virgi.ni a, and ~.s therefore, nermi_ssible in
a residential section, or, etc....."
The undersignFd bel_oves that the facts set out in the
petition are tr~z~ and correct in that H. I. Beamer, a
pharmachst, has operated _n his re^i_dence a pharmaceutical
and chemica7_ laboratory; teat this was in operation at the
time of the adoption of. the Zoning Ordinance on Play 7,
1957. Therefore, the underss_gned ?,mu1d conclude that,
without doubt, petitioner H. i.. Be^mer could continue to
T^~`~ op Prate it because it was i.n operation ?. t: the time of
r~~n~c' the adoption of the Toning Ordinance; or, that i.t could in
0?T~?TON the present manner of operation be conti.nuPd by H. L,
'~F' Beamer, i.ndividuall~r, but not by T-,*1.er Drug ~'ompan~r,
P,TIT?~^T a Corporation, as a c>>~tomrar._y home occupation under the
0~~~ H.L, ^rovision of Article 9 (h>.
B~?.AT~~FR
Doubt arises, hot-ever, about an extended operation by
N. I:. Bea.mer as an apothecary storms, open for the con-
venience of the srennral pub1; ~~ . This would be tru.~ under'
either of the theories that it was a "use" at the time of
the adoption of the Toning Ord inance, or that it could be
or orated under the provisions of Article 9 (10) of the
Ordinance.
The ruestion which seems to present ~.tself under either
of the above theories is: ~~Tould the proposed operation as
an apothecary store be a "r,ub7.i^ business" fir the benefit
of the general nubli.c and thus be ~.n ~.znautY!ori zed extension
of a perm~.tted use, or would it be a buS1nPSS and not an
operation customa.ril.,y ca,tried on as a home occupation?
A review of the cases decided upon these points reveals <=;
considerable amount of conflict.Some decided cases of
?nalogous opPrati_on have heh one way, and others just the
opposite, The q~~.estion presented here s an extremely close
one. Apparently, the courts have decided each case upon
the merits and circumstances of that case rather than
adapting any aPn~ral rule.
~95
mho undersi_~ned i_s of the opinion that the rresent operation
c~u1d be extetldPd to the point where H, L. BPamer could supply
to the general pub7__~ prescri.nt; ens of a spec i a1 nature or those;
prescri~tion.> which. could not• bo f11Qd n an average apothecary'
store, wi tho~z+, ~rio~ ating the provis; nns of the 7_oning Ordinance
under eithnr theory. Therrefore, refore ~?o;_n~? beyond th z point
in the opQrati_on proposed, and in order to keep both. the word '.
and the spirit of the ?oni_ne Ordinance inviolate, the and Qr-
signed ig of the opinion that the -permit renuested should a.t
the initial stage be refused by th^ Town Manager.
3296
Council. mi.ns. contd. DPC. 6, 7.960, ~! ''. M.
There~_fter, ur~oi~ an ac;peal. of t'rle To?,~n ~°~anager's
decision to the Board of Zoning Appeals, and upon a pnbli.c
hearing as provided by the Ordinance, the petitioner coa7d
pi ve greater details of their rrorosed operat,i on, i nch:zd-
ing problems o.f traffic, congestion, danger of fire, or
OPINIOT other hazards, and tY;e effect of the operati on on surround-
ing prope.rt,i_es; likew;se, an onz-~ort~.zni+,y would be offered
r01~TTII~?fTrD property ownF~rs to state their nosi_tions upon the renuest.
If the fact's deve7.o~;ed at the rubli c heari.nt? were
favorable to the petitioners, the Board of P.npeal_s
could very we7.1 grant a permit fcr the operation of an
apothecary store serv_ng the general x?ublic, under
Article 21 (e) of the 7.oning Ordinance.
To grant a permit at the initial stage without the benefit
of facts .3s those which could bP anti.cipated and received
at a public hParin~, wou7_d be likely to cause nettion~rs'
potion to re a rather nrec~ri_ous one a.nd on which would
be more likely to cause litigation in the future.
l~spectful7v submitted,
~s~ G^rnett S. Moore
Dec . 6, 1.96(` Town AttorneTr
There was a ~?; scussion of the good. progress being made
towards the construction of Edgehill Drive which wi7.1 connect Ro~.zte
11 and the new Route 99. I+, was agreed by ^l7. that whiz e the Town
has already secured 7O ft. right, of way for thi.^ nro~ect,the c7_earing
of the right of way ; nvol_ves the c7 ear. ing of a lot or rock near the
Route 11 entrance and in view of this costly situation, a.n nvesti-
RF ~' OR.T OF
PROGRESS gation sho~.zld be made of the possibil i.ty of securing the removal of
ON FDGrHIII
DRT`T`?, & the caretaker's house which the 17ew right. of way abuts while at the
POSSIBILITY
OF SFCi?RING same time such acnui.siti.on of ~ddi.ti.onal r nht of way would provide
FROM PULASKI s much better entrance to Route 11 than would now be nossi_ble with
VENEER
the ex sting right of way and th^ exi.stinp house locat on. i~?egotiati ons
to this point had indicated that additional right of w<^~T zndremova7_
of the house could not be accempli.shed unless the Pulaski. Veneer and
Furniture Company were compensated, and Mayor Jackson stated h~ felt
no decision could be made until after the meeting of the Veneer
Company's Board, to see d~hat they have to offer. Co~.zncilman
McCarty is a member of th.e Board and will present the case to
the Board for the Tom. In the moan+.,i_me, Town Ma.na~er T?oland was
asked to make an estimate of the cost, of nutting in a. retaining
wal7_ and moving rock, etc.
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Counc~7 m7ns. contd.
'?e^. 6, 1960, ~~ ~. M.
(`n motion of Gounc i7_man Car^~ co. se~•c need by Counc~ lman
i~!cCarthv, and carrier, unanimously, it was, k1+~SOLVED, that the Town have
COT'P'CII~
.4I'P ROVF;S its ~. sual employe' s Chr~ stma s Harty, a n~3 it a smu ch a s Christmas Da?r and ?~?~w
C HRI S TN~A ~~
PARTY & Year's Day come on Sunday th;.~~ year, the two fcl7.owitr_ Mondays will be
HO?~IDAYS
taken as holidays.
Mayor Jackson advised that Loving Fi eld was c7_osed si.multaneou~ly
w~_th the opening of the New River Val~Fy ~~rnort on December 1, ^nd that.
he fe7_t 8ounci7 should be thinking about what might be done wZ th this
LOVING ~'IFLD
mn BF land. '~ discussion f.ollo~~red a.nd on motion of Councilman Cummings,
CONSITrI'.~ D
A`r4IIAR"~ seconded by Councilman Nash, and ca.rri.ed unanimously, it was, RESOLVED,
l~ ^R
TTTDTrcmR-; i~T that the land at loving Field be made atra~ab7.e f_or industrial. deve7.oo-
DFV~ l OPi~~,.I~.TT
ment, with the Town Manap~er and the Indu^tri.a.1 Comma t+eF to work out
the narticul~=:rs.
There was an informal di_scussi_on with rF~gards to relocation
of Route 611 (Newbern Road), and i.ts nossib7_e unn^m~ng ~~_mprovements.
There being no further business. the meeting adjo~zrned a.t 6:c~5.n. M.
'ry:
1
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Attest: ~']~~TOr ~~`
A~nro~red
~~ ~%'
C