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HomeMy WebLinkAbout12-06-60•t f t, 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. 1 1 1 'T I 4 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. 1 1 1 ~`~~ 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 r~ ~~~>~ Attest: ~']~~TOr ~~` A~nro~red ~~ ~%' C