HomeMy WebLinkAbout10/27/2014 - City Council - Minutes - RegularCORRECTED MINUTES
CITY COUNCIL WORK SESSION
October 27, 2014
A work session of the Council of the City of Salem,
Virginia, was held in the City Manager’s Conference Room, 114
North Broad Street, Salem, Virginia, on October 27, 2014, at
6:30 p.m., there being present the following members of said
Council, to wit: Byron Randolph Foley; John C. Givens; Jane W.
Johnson, William D. Jones, Lisa D. Garst; with Byron Randolph
Foley, Mayor, presiding; together with Kevin S. Boggess, City
Manager; James E. Taliaferro, II, Assistant City Manager and
Clerk of Council; Rosie Jordan, Director of Finance; Justin
Kuzmich, City Assessor; and the following business was
transacted:
Mayor Foley reported that this date, place, and time had
been set in order for the Council to hold a work session; and
WHEREAS, Mr. Kuzmich presented the real estate report; and
ON A MOTION MADE, SECONDED, AND DULY CARRIED, 7:25p.m., the
October 27, 2014, work session is hereby continued until the
conclusion of the regular meeting.
The Council of the City of Salem reconvened to work session
at 7:50p.m. and adjourned at 8:15p.m.
____________________________________
Mayor
_____________________________________
Clerk of Council
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CORRECTED MINUTES
COUNCIL MEETING
October 27, 2014
A regular meeting of the Council of the City of
Salem, Virginia, was held in Council Chambers, City
Hall, 114 North Broad Street, on October 27, 2014, at
7:30 p.m., there being present all the members of said
Council, to wit: Byron Randolph Foley, John C. Givens,
Jane W. Johnson, William D. Jones, and Lisa D. Garst;
with Byron Randolph Foley, Mayor, presiding; together
with Kevin S. Boggess, City Manager; James E.
Taliaferro, Assistant City Manager and Clerk of
Council; Rosie Jordan, Director of Finance; Melinda J.
Payne, Director of Planning and Economic Development;
Mike Stevens, Communications Director; Charles E. Van
Allman, Jr., City Engineer; and Stephen M. Yost, City
Attorney; and the following business was transacted:
Mayor Foley called the meeting to order at 7:30
p.m.
The October 13, 2014, work session and corrected
regular meeting minutes were approved as written.
Mayor Foley reported that this date and time had
been set to hold a public hearing to consider the
request of Michael L. and Vicki L. Akers, property
owners, for the issuance of a Special Exception Permit
to allow an accessory structure in excess of one
thousand square feet on the property located at 1343
Waldheim Road (Tax Map #23-1-14); notice of such
hearing was published in the October 9, and 16, 2014,
issues of the Salem Times Register, a newspaper having
general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its October
15, 2014, regular meeting recommended approval of the
request; and
WHEREAS, staff noted the following: the subject
property consists of one parcel of approximately 3.24
acres and is located on the west side of Waldheim
Road; the property is currently a single family
dwelling; the request is for a Special Exception
Permit to allow an accessory structure in excess of
ITEM 1:
SPECIAL EXCEPTION
PERMIT APPROVED
TO ALLOW
ACCESSORY
STRUCTURE IN
EXCESS OF 1,000 SQ.
FT. ON THE
PROPERTY LOCATED
AT 1343 WALDHEIM
RD (T/M 23-1-14)
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one thousand square feet; the petitioners desire to
add a two thousand two hundred square foot detached
accessory structure consisting of a thirty-foot by
forty-four foot garage and a twenty foot by forty four
foot unfinished storage; and
WHEREAS, Robert Rigatti with Structures of
Roanoke, contractor, 53 South Breymar Circle, Botetourt
County, Virginia, appeared before Council displaying
the building plans for the proprosed garage, stating
that the appearance would match the existing home with
the same brick, same siding, same roof structure, and
same windows; he further stated that the accessory
structure would be located in the rear right-hand side
of the property and that it would be hidden from the
road and neighbors by the existing foilage; and
WHEREAS, Councilwoman Garst inquired as to the
potential runoff from this construction; and
WHEREAS, Mr. Rigatti responded that there is no
concern of runoff, that the lot is very flat and where
the accessory structure would be located is the low
part of the lot as well as fifty yards of trees that
would serve as a buffer; and
WHEREAS, Vice-Mayor Givens questioned if the
structure would have a heating and air conditioning
system; and
WHEREAS, Mr. Rigatti answered affirmatively; and
WHEREAS, Vice-Mayor Givens asked if there would be
plumbing; and
WHEREAS, Mr Rigatti responded negatively; and
WHEREAS, Mayor Foley asked if there were any
further questions or comments, and hearing none, closed
the public hearing; and
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
VICE-MAYOR GIVENS, AND DULY CARRIED, the request of
Michael L. and Vicki L. Akers, property owners, for the
issuance of a Special Exception Permit to allow an
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accessory structure in excess of one thousand square
feet on the property located at 1343 Waldheim Road (Tax
Map #23-1-14) was hereby approved – the roll call
vote: Lisa D. Garst – aye, William D. Jones – aye,
Jane W. Johnson – aye, John C. Givens – aye, and Byron
Randolph Foley – aye.
WHEREAS, Mr. Akers inquired as to the process of
obtaining a building permit; and
WHEREAS, Mr. Van Allman directed Mr. Akers to take
the plans to the Building Inspections Office to apply
for the permit and that an agreement in lieu of plan
may be required; and
Mayor Foley reported that this date and time had
been set to hold a public hearing to consider the
request of Colorado Street Co., LLC, property owner,
and Blue Lotus, lessee, for the issuance of a Special
Exception Permit to allow the following commercial use
types: retail sales, on the property located at
628/630 South Colorado Street (Tax Map # 160 – 6 – 7);
notice of such hearing was published in the October 9,
and 16, 2014, issues of the Salem Times Register, a
newspaper having general circulation in the City of
Salem; and
WHEREAS, the Planning Commission at its October
15, 2014, regular meeting recommended approval of
request; and
WHEREAS, staff noted the following: the subject
property consists of one parcel of approximately .258
acres and is located on the east side of South Colorado
Street. The property is occupied by a one-story wooden
office building and an accessory structure; the
request is for a Special Exception Permit to allow the
following commercial use types: retail sales; The
lessee, Christinia Davie, has been operating the Blue
Lotus Tattoo from this location for several years and
would like to add retail sales, in the form of
clothing items; the retail portion of the business
will be offered from within the accessory structure;
and
ITEM 2
SPECIAL EXCEPTION
PERMIT APPROVED
TO ALLOW RETAIL
SALES ON THE
PROPERTY LOCATED
AT 628/630 SOUTH
COLORADO STREET
(T/M 160-6-7)
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WHEREAS, Matt Davie, of 4990 Sidney Church Road,
Riner, Virginia, lessee, appeared before Council
explaining that they have been at that location for
six years and would like to utilize the existing
accessory structure for a boutique; and
WHEREAS, Mayor Foley asked if Mr. Davie was the
property owner; and
WHEREAS, Mr. Davie responded affirmatively; and
WHEREAS, Vice-Mayor Givens inquired if the
property owner had approved the additional use; and
WHEREAS, Mr. Davie answered affirmatively, in
addition he said he had spoken to the Building
Official to determine the steps necessary to meet all
the building code regulations; and
WHEREAS, Councilwoman Johnson questioned if
removing the garage door was the only structural
alteration necessary; and
WHEREAS, Mr. Davie responded affirmatively, that
the structure would remain in its current footprint and
appearance; and
WHEREAS, Councilwoman Garst asked if the market
for the retail was anticpated to be customers that were
already onsite for the current business; and
WHEREAS, Mr. Davie answered affirmatively; and
WHEREAS, Councilwoman Garst inquired if the
petitioners were the sole proprietors of the property
for the entire six years; and
WHEREAS, Mr. Davie responded affirmatively; and
WHEREAS, Mayor Foley, verified with City staff,
that the special exception permit would be attached to
the property and not the owner or lessee; and
WHEREAS, Ms. Payne commented that most of the
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businesses along that cooridor is retail; and
WHEREAS, Councilwoman Garst asked what was
adjacent to this property; and
WHEREAS, Ms Payne remarked that there are
townhomes, a curtain shoppe, a salon; and
WHEREAS, Councilwoman Garst clarified that she was
asking for the adjacent zoning classifications; and
WHEREAS, a discussion was held and it was
determined that the proposed retail use conforms to
exiting uses in that area; and
WHEREAS, Mayor Foley questioned if the surrounding
properties were zoned Highway Business; and
WHEREAS, Mr. Taliaferro responded that the
properties were zoned Transitional Business District;
and
WHEREAS, Mayor Foley inquired as to the validity
of rezoning the property to conform to the surrounding
transitional business; and
WHEREAS, discussion was held; and
WHEREAS, Mayor Foley asked if there were any
further questions or comments, and hearing none, closed
the public hearing; and
WHEREAS, Mayor Foley stated that the property
should be rezoned to TBD instead of issuing a Special
Exception Permit; and
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of
Colorado Street Co., LLC, property owner, and Blue
Lotus, lessee, for the issuance of a Special Exception
Permit to allow the following commercial use types:
retail sales, on the property located at 628/630 South
Colorado Street (Tax Map # 160–6–7) was hereby
approved – the roll call vote: Lisa D. Garst – aye,
William D. Jones – aye, Jane W. Johnson – aye, John C.
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Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had
been set to hold a public hearing and consider an
ordinance on first reading regarding the request of
Nikola Sumenic, property owner, for rezoning the
properties located at 805 & 811 Craig Avenue (Tax Map
#’s 47 – 4 – 4 & 38 – 6 – 5.1) from RSF Residential
Single Family District to RMF Residential Multi-Family
District; notice of such hearing was published in the
October 9, and 16, 2014, issues of the Salem Times
Register, a newspaper having general circulation in the
City of Salem; and
WHEREAS, the Planning Commission at its October
15, 2014, regular meeting continued this item until the
November 12, 2014, Planning Commission meeting; and
ON MOTION MADE BY MAYOR FOLEY, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request of
Nikola Sumenic, property owner, for rezoning the
properties located at 805 & 811 Craig Avenue (Tax Map
#’s 47–4–4 & 38–6–5.1) from RSF Residential Single
Family District to RMF Residential Multi-Family
District was hereby continued until the November 24,
2014, meeting – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye,
John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider
request to amend the School Capital Projects Fund
Budget as approved by the School Board on October 14,
2014; and
WHEREAS, Vice Mayor Givens, Chair of Council’s
Audit-Finance Committee, reported that the Committee
reviewed the request to amend the School Capital
Projects Fund; the School Capital Projects Fund was
amended by the School Board at their meeting on October
14, 2014; budget amendments totaling $761,492 were
approved as additional appropriations; these funds come
from meals tax and capital reserve balance for the
schools; At this time, this appropriation does not
ITEM 3
ORDINANCE
CONTINUED UNTIL
NOVEMBER 24,
2014, MEETING:
REZONING TWO
PARCELS
LOCATED AT
805 & 811
CRAIG AVENUE
(TAX MAP #’S
47 – 4 – 4 & 38
– 6 – 5.1) FROM
RSF
RESIDENTIAL
SINGLE FAMILY
DISTRICT TO
RMF
RESIDENTIAL
MULTI-FAMILY
DISTRICT
ITEM 4
REQUEST
APPROVED TO
AMEND THE
SCHOOL CAPITAL
PROJECTS FUND
BUDGET AS
APPROVED BY THE
SCHOOL BOARD ON
OCTOBER 14, 2014
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include the auditorium seats; this Committee
recommended approval of the School Board’s
appropriation of $761,492 to the capital projects list;
and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to
amend the School Capital Projects Fund Budget as
approved by the School Board on October 14, 2014, was
hereby approved – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye,
John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider
setting bond for erosion and sediment control for the
Pine Ridge Nursery project; and
WHEREAS, Councilman Jones, Vice Chair of Council’s
Audit-Finance Committee, reported that the Committee
reviewed the estimate for erosion and sediment control
the Pine Ridge Nursery project and concurs with the
Engineering Department’s recommendation that bond be
set in the amount of $4,070.00 with a time limit of
twelve (12) months for completion; and
WHEREAS, a discussion was held regarding the
location of the project, Hurt Lane behind the Goodwill
on West Main Street, and Council conferred that they
were grateful that Pine Ridge Nursery was remaining in
Salem; and
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the bond for
erosion and sediment control for the Pine Ridge
Nursery project was hereby set in the amount of
$4,070.00 with a time limit of twelve (12) months for
completion – the roll call vote: Lisa D. Garst – aye,
William D. Jones – aye, Jane W. Johnson – aye, John C.
Givens – aye, and Byron Randolph Foley – aye.
ON MOTION MADE, SECONDED, AND DULY CARRIED,
Council adjourned, returning to the continued work
session at 7:47 p.m.
ITEM 5
BOND AND TIME
LIMIT SET FOR PINE
RIDGE NURSERY
PROJECT