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HomeMy WebLinkAbout01-17-67~~~~~,i Minutes of the regular meeting of the Pulaski Town Council, held January 17, 1967, at 4:00 P. M., in the Municipal Office. There were present: Mayor C. V. Jackson, presiding. Councilmen: Rudolph Farmer, Raymond F. Ratcliff, Glen K. Aust, W. S. Cummings, S. G. Frye, T. J. McCarthy, H. H. Eggert Absent: C. B. Gallimore Also present: Town Manager: .Evan Norton Clerk: Gladys R. Dalton Town Attorney: Alan Groseclose Visitors: Jane Graham, Southwest Times reporter Paul Dellinger, Roanoke Times reporter John Columbus, WPUV Radio Station P. M. Sadler, Attorney for C. E. Dent & Mr. Dent in person Rod Layman, Attorney for Harry Amburn, and Mr. Amburn in person; Mrs. Velta Woodyard; Mrs. art. H. Pace; Mrs. A. L. Williams; Mrs. E. C. Eversole; Mrs. H. E. Amburn; Mrs. Stanley Surratt; Willard H. Pace; all of whom were present in person Mrs. Susie Cox The invocation was given by Councilman Ratcliff. Minutes of the regular meeting of Council held January 3rd were approved as recorded. Mayor Jackson stated this was the date, time and place, as advertised, for a public hearing on the request of Mr. C. E. Dent to PUBLIC HEARI'`f; re-zone a certain lot located at the corner of Randolph Avenue and HELD ON REQ. Eleventh Street, in Pulaski, from Residential R-2 to Business B-1. OF C. E. DENT TO RE-ZONE LOT. Town Manager Norton advised that the Town Planning Commission had held a public hearing on Mr. Dent's request for re-zoning December 19, 1966, and it was the Commission's recommendation that the re-zoning not be allowed; that proper notice of the public hearing to be held by Town Council had appeared in the local newspaper, and that all legal steps had been taken. At this point, Mayor Jackson stated the Council would be glad to hear those who were opposed to the re-zoning of this property, either in person, or by their attorney. Mr. Rod Layman, representing Mr. Harry Amburn, advised that on December 1, 1965, the Pulaski Town Council had adopted what every citizen of the Town had a right to expect was the new Town Zoning Ordinance, ar. ordinance which had taken much time and study and work to make ready for adoption, and one in which areas had been designated for industry, business, small business areas and residential areas, and this .request for re-zoning '~i~c)~+ Council mins. contd. 1/17/67 ROD LAYMAN coming so soon after the adoption of said ordinance, files in the face SPEAKS FOR of zoning and of the existing ordinance. Mr. Layman further stated CITIZENS OPPOSING that Council had sometime ago spot re-zoned an area south of the lot RE-ZONING RE; C.E.DENT now in question, and in this small business zone there were vacant lots on which Mr. Dent could place his proposed business, or there were buildings in this area which could be remodeled to fit his needs, and it was the feeling of his client that if this request for re-zoning were allowed it would decrease the value of his property which adjoins the lot in question, and that it was the feeling of those in the neighborhood that it would decrease the value of their properties, and therefore they were present to oppose the re-zoning of this lot. At this point there were no remarks from other persons present as to whether they opposed the re-zoning, or not. Mr. Sadler, who represented Mr. Dent, advised that it was not MR. SADLER their desire to start a neighborhood fight, but that within the past three REP. C.E. DENT days Mr. Dent had talked with Mrs. Brockmeyer and Mrs. Younts, whose names RE: RE-ZONING LOT. appeared on the petition opposing the re-zoning, and Mrs. John Butler, and all three stated they had no objection to the type of business Mr. Dent planned to establish at this location, but that it was his hope to show that Mr. Dents request has merit, regardless of the decision of the Planning Commission. Mr. Sadler advised that he had been a past member of the Town Planning Commission and he felt there was nothing static about any zoning, that there have and always will be requests for changes, and that re-zoning goes on all the time. Mr. Sadler further stated Randolph Avenue, which is State Route 99, is one of the main arteries into Pulaski, and that one usually finds on these arteries entering a town, small businesses; that it was his feeling that Council could best control the development of the west side, especially, of Randolph Avenue by spot zoning. Mr. Sadler further stated that Mr. Dent's business U~ill be more in the electronics field, rather than a TV-Radio merchant and repair service and this would mean that there would be less traffic in and out of his place of business. Mr. Dent advised that he had nothing further to add to Mr. Sadler~s presentation. He did explain, however, by use of drawings and a scaled model of the proposed place of business, regarding the parking situation planned as well as the type of antenna which would be required for his operations. ~ . F). Council rains. contd. 1~17~67 ~ t~c):~ Councilman Eggert moved that any action by Council'be deferred ACT. DEFERRE'? UNTIL NEXT until its next regular meeting, February ?th, and this motion was seconded MEETING RE; C. E. DENT by Councilman Frye, and carried. Councilman Ratcliff commended both Attorneys LOT. and Clients for the orderly presentation of the matter. Mayor Jackson introduced Messrs. Arthur Taubmann, Theodore Smith and Nicholas Taubmann, officers of the Advance Stores, Incorporated, and advised that for approximately six months the town officials had been negotiating with Advance Stores, Incorporated, for the sale d~ the town- ADVANCE STORES owned building known as the "Bunts Building" at the corner of Washington MAKES KNOWN PURCHASE OF Avenue and First Street. Mayor Jackson advised further that because of "BUNTS BLDG", the legal proceedings involved, there had been some delay in announcing the sale of this property, but that these gentlemen were present at that time to make known publically their purchase of this property. Town Attorney Groseclose read the resolution adopted by Council in executive session on October 18, 1966, agreeing to the sale of this RES. ADOPTED AGREEING TO property to the Advance Stores, Incorporated. Councilman McCarthy moved SALE OF "BiTNTS BLDG." that the resolution be spread upon the records of the Council and be made a part of the minutes. This motion was seconded by Councilman Frye, and carried, on the follo~.~ing recorded vote: Raymond F. Ratcliff -aye S. G. Frye - aye W. S. Cummings - aye H. H. Eggert - aye T. J. McCarthy - aye Rudolph Farmer - aye Glen K. Aust - aye C. B. Gallimore -absent RESOLUTION WHEREAS, The Town of Pulaski, Virginia, owns two certain tracts or parcels of land lying within said Town, one parcel containing a garage building purchased from E. P. Bunts and Pauline Bunts, his wife, by deed dated the 16th day of March, 1956, and of record in the Clerk's Office of the Circuit Court of Pulaski County, Virginia, in Deed Book 171, page 441, and another lying immediately west of and adjacent to the parcel purchased from E. P. Bunts, and extending from the west boundary of said Bunts property forty feet to the east line of Washing- ton Avenue, being Parcel No. 2 conveyed to the Town by the Norfolk & Western Railway Company, and others, by deed dated February 6, 1962, and of record in the aforesaid Clerks Office Deed Book 203, pa~?e 369; and, WHEREAS, the Advance Stores, Incorporated, desires to purchase the two aforementioned parcels to be used in connection with their retail business in the said Town; and, WHEREAS, the Town has considered the said offer and has further given due and careful consideration to the need for said parcels, and the Town being of the opinion that said parcels of land are not presently and will not in the foreseeable future be needed by the said Town; ~"~°~~'~;'~ Council mins. contd. 1/17/67 NOW, TFiEF~EFORE, BE IT RESOLVED by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 18th day of October, 1966, that those two parcels of land lying within the Town of Pulaski, Virginia, and more particularly described as follows: PARCEL No. l: BEGINNING at a point on the south side of First Street, North, which point is S. 88° 15~ East 40 feet from the Southeast inter- section point of First Street, North and Washington Avenue, thence with a line of said First Street, South 88° 15~ East 100 feet, corner to lot of R. R. and Ellen J. Moore; thence South 1° 45' West 106 feet to the line of the Norfolk & Western right of way; thence with said right of way line North 88° 15~ West 100 feet to a stake; thence North 1° 45' East 106 feet to the Beginning, And being the same lot or parcel of land conveyed to the Town of Pulaski, Virginia, by E. P. Bunts and Pauline Bunts, his wife, by deed dated the 16th day of March, 1956, and of record in the Clerk's Office of the Circuit Court of RESOLUTION Pulaski County, Virginia, in Deed Book 1?l, page 441. AGREEING TO SALE OF "BUNTS $I!DG". The Town further agrees to grant and convey uhto purchasers all rights and easements held in connection with the above-described real property, including its interest in and right to a 5-foot alleyway lying to the east of Parcel No. 1, and its interest in and right to the Norfolk & Western Railway siding lying south of the real property hereinabove described, which rights and interests are fully set out in deed from R. R. Moore and Ellen J. Moore to Service Garane and Motor Company, dated May 15, 1924, and of record in the aforesaid Clerkts Office in Deed Book 49, page 119. (1) All restrictions, conditions and easements of record. (2) An agreement dated February 16, 1920, between Norfolk Company and T. W. Kersey, Trustee, under which Norfolk Company agreed to keep open Parcel No. 2 for the construction of an undergrade public passage across the right of way of Norfolk Company. (3) An unrecorded agreement dated September 1, 1956, between Norfolk Company and the Town of Pulaski with respect to the encroachment of an awning or shelter on Parcel No. 2. And being a part of Parcel No. 2 of lands acquired by Norfolk and Western Railroad 8ompany (now Norfolk PARCEL No. 2• BFGIP!NING at•the intersection of the south line of First Street with the east line of Washington Avenue, said point being N. 1° 45~ E. 159 feet distant from and at right angles to the center line of main track of the Radford Division, Pulaski District, of Norfolk Company at Station 731 plus 78 and at :~fi1e Post N. - 315 plus 5017.5 feet, as measured from Norfolk, Virginia; thence with the south line of First Street S. 88° 15' E. 40 feet to a point; thence S. 1° 45' W. 106 feet to a point; thence through the right of way of Norfolk Company by a line parallel with and 53 feet distant northwardly from said center line of said Norfolk Company N. 88° 15~ W. 40 Feet to a point in the east line of Washington Avenue; thence with the east line of Washington Avenue N. 1° 45' E. 106 feet to the point of Beginning, and containing 0.10 of an acre, more or less. The foregoing conveyance is made subject to: Council mins. contd. 1/17/67 ,''~~~~~ and Western Railway Company) from the Pulaski Land and Improvement Company by deed dated RESOLUTION June 27 1891 and recorded in the Office of AGREEING TO SALE the Clerk of the Count Court of Pulaski Count OF "BUNTS BLDG." Virginia, in Deed Bookyl4, page 144, and deed y~ of release to Norfolk Company from T. W. Kersey, Trustee, dated August 28, 1919, and recorded in said Clerk's Office in Deed Book 42, page 253; And being the same as Parcel No. 2 conveyed to the Town of Pulaski, Virginia, by the Norfolk and Western Railway Company, et al, by deed dated February 6, 1962, and of record in the aforesaid Clerk's Office in Deed Book 203, page 369; BE, and the same are hereby, declared to be surplus property, and that they are not presently needed for the Town's operation and that it is not contemplated that the Town will have actual need for said parcels within the afreseeable future. That the above described parcels be sold to Grace W. Taubman, Morton Honeyman and Harvey S. Lutins, Trustees for Nicholas F. Taubman, being the purchasers under the agreement and the grantees to whom title is to be conveyed, all as directed by Advance Stores, Incorporated, the sale to be made in compliance with the terms and conditions of that certain sales agreement of even date herewith, attached hereto and made a part hereof. That the Mayor is hereby authorized to execute and theClerk to duly attest the aforementioned sales agreement and submit same to the purchasers, and at the proper time cause to be prepared a deed conveying said property under the terms set out in the agreement and on receiving pay- ment of the sums therein agreed upon, with any balance properly secured, and that the officials of the Town take any and all other necessary steps to complete this sale. ADOPTED this 18th day of October, 1966, by the following vote of the Council members: Woodson S. Cummings -aye K. Rudolph Farmer - absent Claude B. Gallimore -aye Raymond F. Ratcliff - aye T. J. McCarthy - aye Samuel G. Frye - aye Glen K. Aust - absent H. H. Eggert - aye APPROVED this 18th day of October, 1966. It was brought out that the purchase price for the building X50,000.00 was X50,000.00, the Town having purchased this property in 1956 for the PUR. PRICE OF "BUNTS approximate sum of X45,000.00, and that approximately X24,000.00 income BLDG". had been received from the property since that time; that the Advance Stores had paid to the Town X10,000.00 on the purchase price, the balance to be paid by December 31, 1967, at which time Mr. Taubmann stated the building would be remodeled. Mr. Taubmann displayed an architect's drawing of the proposed retail establishment, and stated the first floor would be comprised of a selling area with a drive-thru auto service area on the south side of the building to take care of tires and batteries; the second floor would be used entirely for storage, with plans for customer parking in front of the building. Mr. Taubmann stated he felt this would be a tie-in between the Pulaski Business Plaza and the downtown business ~' ~7~' ~~z~c 6~~ Council mins. contd. 1/17/6? section, and they hoped to begin operations in the new location by May 1,.1968. Mrs. Susie Cox of Valley Road appeared before Council and complained that as a result of the apartments now under construction MRS.SUSIE COX COMP. L,OT by the Virginia Block Company, her lot footage on Valley Road had been FOOTAGE REDUCED. TURNED OVER TO reduced from 130 feet (as set forth in her deed) to approximately ?5 ST. COMM. feet, which would make it impossible for her to get to her property except by Maple Street. After a discussion of this matter, Councilman Eggert moved that the matter be referred to the Street Committee for study and report to Council. This motion was seconded by Councilman Aust, and carried. A letter from James E. Huband, Jr., Private Investigator, JAMES HUBAND Richmond, Virginia, addressed to Mayor C. V. Jackson, and commending C ON~NIENDS POLICE DEPT. the Pulaski Police Department in general and Sgt. King and Officer Pickerel in particular, for their services to him, was read by the Clerk. Town Manager Norton advised that Bill Flint had inquired BILL FLINT INQ, as to the necessary licenses to operate a teen-age center in the space ON LIC. TO OPR. CENTER. REF. TO formerly occupied by Sears Order office. On motion of Councilman Frye, ORD. COMM. seconded by Councilman Ratcliff, and carried, it was, RESOLVED, that the matter be referred to the Ordinance Committee for study and report to Council. Councilman Eggert Chairman of the Land Building & Parks Committee, advised that bids had been opened at twelve noon on the day of the meeting, for the purchase of the town-owned property located on Route 99 and commonly known as the "old ball park property". He stated the bids were as follows: Appalachian Power Company X27,505.50 (5,001.00 per acre BIDS OPENED for approx. 5.50 acres) FOR "OLD BAI L PARK PROP." Huff Coal & Oil Company X36,175.25 Pulaski Motor Company ~38~888.88 With stipulations in each bid concerning streets, etc. Mayor Jackson advised that no action had been taken regarding NO ACT. TAKEN ON BIDS FOR these bids as it was felt action should be deferred until Council could "BALL PARK PROP". consider same and make an announcement as to their decision; that perhaps the Land Building and Parks Committee would probably make a study and recommendation to council. Council mins. contd. 1/17/67 :~`~~~~~ There was no report by the Town Attorney on legal matters NO REP. ON pending, which includes the agreement with the General Chemical Company LEGAL MATTERS. ' for use of certain lands for recreational purposes. Mr. Norton advised that the matter of liability insurance had not yet been settled. Town Manager Norton advised that as directed by the Council, Mr. Howard R. Imboden had been reimbursed for Pulaski County and Town taxes assessed against the Cool Spring lot which the Town uses for HOWARD IMBODETI recreational purposes, and that Mr. Imboden was advised that Council had REIMBURSED FOR TAXES ON COOL agreed to bear the expense of these annual taxes for the use of the lot. SPR. LOT. Mayor Jackson advised Council they should be thinking about how to handle the X10,000.00 received from the Advance Stores, as well as the FIN. COMM. TO STUDY USE OF Purchase price of the "ball park" property; that some expression had been MONEY RECD FROM ADV.STORE~.S made that it should be set aside for a new municipal building. Councilman & SALE OF BALI, PK. PROP. Cummings moved that the Finance Committee be directed to study this and make a recommendation to the Council. The motion was seconded by Council- man Ratcliff, and carried. Town Manager Norton advised that Brockenbrough & Associates, Richmond, and R. Stuart Royer & Associates, had advised they could not make a study for the Town on city status; that Wiley & Wilson Engineers and Hayes, Seay, Mattern and Mattern, were interested but could not start NO ACT. TAKEN ON CITY STATUS this work for several months, and that Yarger & Associates of Falls Church, CONSULTANTS. Virginia, had advised they would be interested. No action was taken, and it was agreed to carry the matter on the agenda. NO REP. ON Mr. Norton advised no report had been received on the handling of TAXICAB SERV. service by taxicabs after 1:00 A. M. REP. ON V.P.I„ An interesting report was made on the recent trip to V. P. I. for COMPUTr,R DEM. the purpose of observing computer demonstration. MR. NORTON TO There was a discussion of Model Neighborhood in Demonstration ATTEND DEM. CITIES MEETING. Cities and its many purposes. Town Manager Norton was directed on motion of Mr. McCarthy, seconded by Councilman Frye, and carried, to represent the Town at a meeting to be held. in Philadelphia on January 24th to discuss applications under the Demonstration Cities Act. Members of Council were urged to be present at the January 18th DR, hIESTERMANN meeting to be held in the Pulaski County Circuit Courtroom at which time TO DESC . PLAh?N IA'G PROC. AT PUB. Dr. Harlan W. Westermann, Chairman of the Center for Urban and Regional MF,ETING . Studies at V. P. I., will describe to the public the planning process as suggested by his students. ~'~~~~~~ Council mins. contd. 1/17/67 Town Manager Norton provided members of Council with copies COPIES OF NATL. GUARD of a recent report made by him on the operation of the National Gusrd ARMORY REP. GIVEPI TO Armory. It was agreed that this matter be placed on the agenda. COUNCIL . It was agreed by Council that Town Manager Norton prepare a proper resolution to be adopted by the Council com¢nending Miss Jewel RF.S . TO BE PREPARED Catron on the commendable manner in which she conducted herself and COMMENDING JEWEL CATRON. represented the County and Town during her reign as Virginia's Junior Miss during 1966. The meeting adjourned at 5:50 P. M. Approved: C:~!eJ7~' ,~ ` yor Attest: i~ ,~ Clerk o ~ the Council i_