HomeMy WebLinkAbout1/27/2014 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
JANUARY 27, 2014
A work session of the Council of the City of Salem, Virginia, was held in the City
Manager’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on
January 27, 2014, at 6:30 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, II, Assistant City Manager and Clerk of Council; and Rosie Jordan, Director of
Finance, and Mary Ellen H. Wines, Deputy Zoning Administrator/Secretary; 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, a discussion was held regarding the Regional Commission work plan for
2014-2015; and
WHEREAS, a discussion was held regarding an additional appointment to the Regional
Commission; and
WHEREAS, a discussion was held regarding Real Estate Assessments; and
WHEREAS, a discussion was held regarding the Regional Broadband Authority; and
WHEREAS, a discussion was held regarding Council’s upcoming calendar; and
WHEREAS, a discussion was held regarding agenda items; and
WHEREAS, there were no other topics for discussion.
There being no further business to come before the Council, the work session was
adjourned at 7:22 p.m.
____________________________________
Mayor
_____________________________________
Clerk of Council
January 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 January 27,
2014, at 7:30 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, 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; William L. Simpson,
Jr., Assistant City Engineer; Mike Stevens, Communications Director; Melinda
Payne, Director of Planning and Economic Development; Rosie Jordan, Director
of Finance; and Stephen M. Yost, City Attorney; and the following business
was transacted:
Mayor Foley welcomed Master Alec Mallory, who was attending the meeting
as a requirement of a merit badge in Boy Scouting.
The January 13, 2014, work session and regular meeting minutes were
approved as written.
The report by Rosie Jordan, Director of Finance of the City’s financial
status for a five-month period ending November 30, 2013, was received and
ordered filed.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider ordinance on first reading pertaining to the
request of The Trustees of Roanoke College to vacate and relocate the
existing Emergency Access and Inclement Weather Easement and vacate an
existing Public Utility Easement; notice of such hearing was published in
the January 14, and 21, 2014, issues of The Roanoke Times, a newspaper
having general circulation in the City of Salem; and
WHEREAS, Kevin Boggess, City Manager, reported stated that Council had
been asked to vacate an existing easement that was dedicated for inclement
weather access when Peery Drive and High Street were relocated a number of
years ago. In the process of designing the new Cregger Center the existing
easements will need to be relocated in order for the building to fit on the
site. Tonight is the public hearing to remove the existing easement and
dedicate a new easement that conforms to the College’s plans for the Cregger
Center but still provides the same inclement weather access as the previous
easement; and
WHEREAS, Mayor Foley opened the floor for the public hearing, stating
that comments would be limited to five minutes and the podium lights would
be utilized; and
WHEREAS, Mike Pace, general counsel for Roanoke College, appeared
before Council with a presentation, reported that over the past seven years
the College has gone through a lot of improvements on campus. The plan
ITEM 1
VACATE AND
RELOCATE
INCLEMENT
WEATHER
EASEMENT AND
VACATE PUE AT
ROANOKE COLLEGE
FOR CREGGER
CENTER
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overall was to address parking and move parking inside the campus as we
built dorms and improved our campus facilities. The next big step is the
Cregger Center. For those who are not aware, the Cregger Center is two
different things at once. There will be an indoor track, and a performance
hall/basketball arena. The indoor track will be the only one in the ODAC
from Wise College to Liberty University. It will be available for the
college, the ODAC, and local high schools. The performance hall will be
expandable. When Peery Drive and High Street were reoriented and the arches
were built, the inclement weather easement was put into place. The
purpose of this easement was to provide the neighborhood an inclement
weather route should they need it. History will show that it has not been
needed or used much. Because of the plans to create the new Cregger Center
it necessitates two things. One is to remove Bowman Hall and the parking
lot in front of it. Two, is to move the existing easement easterly using
the same points of entry. The elevation will be less severe than it is now.
There will be more parking spaces after the Cregger Center is built. During
construction, the green space to the right of Peery Drive will be a staging
area. After construction it is marked for a new parking lot with sixty to
sixty-five, possibly seventy additional spaces. In order for this to come
to fruition, the existing easement must be vacated and relocated, and in
addition to that, the water/sewer easement will need to be relocated to a
place satisfactory to the City; and
WHEREAS, Vice-Mayor Givens inquired if the new easement, if granted,
would have removable barriers to limit access unless needed; and
WHEREAS, Mr. Pace responded that there would be standards in place and
when campus safety is apprised of inclement weather they will be removed for
access; and
WHEREAS, Councilwoman Garst asked whose responsibility it was to keep
the easement clear; and
WHEREAS, Mr. Pace replied that it would be the College’s
responsibility; and
WHEREAS, Councilwoman Garst then responded that when turning onto Peery
Drive from High Street it is confusing as to who has the right of way. She
furthered explained that as this is a City issue it is confusing to those
who use the College parking lot easement now as their cut through. If this
moves forward there will have to be some way to address this, some sort of
signage.
WHEREAS, Mr. Pace responded that the College is happy to work with the
City to address and resolve this issue. That should be addressed by
appropriate signage if needed and also the sight issues that some have
complained about will be resolved by the leveling during development.
WHEREAS, Ms. Donna Tinnel, 420 South Market Street, appeared before
Council asking if there were any plans put in there to stop runoff from
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going into the creek that runs all the way down to South Market Street and
down to the river into South Salem that usually ends up getting the brunt of
the flooding.
WHEREAS, Mr. Simpson answered that all the improvements will have to
adhere to the current stormwater regulations and that the design engineers
will submit plans to the City for approval; and
WHEREAS, Laura Hart, 514 High Street, appeared before Council stating
that their main concern is the grade. She needs reassurance that it will be
as flat after construction as it is right now and it will be wide enough for
a fire truck or rescue squad to come through.
WHEREAS, Vice-Mayor Givens requested clarification on what Ms. Hart
meant regarding “flatness”; and
WHEREAS, Ms. Hart replied that they want to make sure that it is on the
drawings or in writing that the secondary easement will have the same grade
as the current one and the width will be adequate; and
WHEREAS, Mr. Pace stated that there is a six foot difference from one
side to the other. When we talk about there being less elevation slope
there is a six foot difference in drop from one point to the other. It is
sixteen feet wide and it looks like a sidewalk because it is designed to
look like a sidewalk but it functions like a street. There are no issues
associated with emergency services or other vehicles using that for the
purpose of which it is intended, which is to serve the neighborhood in times
of inclement weather; and
WHEREAS, Vice Mayor Givens asked if two vehicles traveling in opposite
directions could pass along this easement; and
WHEREAS, Mr. Pace replied not necessarily. It is wide enough for
continued traffic to pass one way or the other; and
WHEREAS, Mayor Foley requested the current elevation; and
WHEREAS, Mr. Pace responded that the elevation from side to side would
be the same but the slopeage would be improved somewhat; and
WHEREAS, Mr. Yost stated that if you look at exhibit C it shows that
the proposed new easement is actually twenty feet in width and sixteen feet
of that actually is the access drive. That is shown on the plat as part of
the ordinance; and
WHEREAS, Councilman Jones inquired of Mr. Pace what is the current
width of the existing easement versus the proposed easement; and
WHEREAS, Mr. Pace responded that the existing easement has a width of
twenty-four feet; and
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WHEREAS, Fire Chief Pat Counts appeared before Council stating that the
department has reviewed the drawings and that the proposed easement would
provide adequate space for their apparatus; and
WHEREAS, Councilwoman Garst inquired if the grade of the proposed
easement would have any affect; and
WHEREAS, Chief Counts replied that it would be no different than
traveling Thompson Memorial Drive; and
WHEREAS, Mayor Foley inquired if the current easement has ever been
used; and
WHEREAS, Chief Counts answered that they do not use it but it certainly
is there if the need arises; and
WHEREAS, Elizabeth Freund, 381 Walnut Road, appeared before Council
with comments. One, because there is such proximity to the new easement and
the seven percent grade up and down has there been any thought as to
incorporating that into the plan. Two, like they have done in Grandin
Village, there a new ways that will slow down traffic that people respond
to, such as different paving patterns, landscaping, diagonal parking for
handicap spaces like on the lower part of High Street with the pavers.
Visibility in that area is very limited; and
WHEREAS, Vice-Mayor Givens stated that the traffic engineers will be
reviewing that issue extremely closely. Perhaps one possible solution would
be a three-way stop; and
WHEREAS, Karen Conlin, 532 High Street, appeared before Council to ask
if the new easement will have curbing like a road or will it look more like
a sidewalk; and
WHEREAS, Mr. Pace responded that it will have curbing; and
WHEREAS, Greg Hart, 514 High Street, appeared before Council stating
that when the College discusses the grade not changing, it doesn’t change
from both ends but it’s only the same on both ends. Currently the easement
is flat. The proposed easement will drop six feet in the middle of it. It
is not what the College promised when the original easement was dedicated;
and
WHEREAS, Sean Horne, representing Balzer and Associates 1208 Corporate
Circle, appeared before Council responding that in theory everyone that has
spoken is correct. There is currently six feet of fall in the existing
easement. There is also a steeper grade along the easement that is similar
to High Street. From a traffic standpoint this is better because from High
Street, currently, to get into the access easement you are on a twelve
percent downward grade; you have to make a direct right hand turn into the
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parking lot. The new easement will allow you to merge off onto the access
route without making an abrupt right hand turn or coming to a stop on what
could be an ice or snow covered roadway on a twelve percent grade. After
entering it becomes basically flat; and
WHEREAS, Councilwoman Garst asked for clarification that the inclement
weather easement was for emergency vehicles only, not residential traffic;
and
WHEREAS, Mr. Pace responded that the easement is available for both
emergency vehicles and residential traffic; and
WHEREAS, Councilwoman Garst inquired as to the criteria and procedure
to have the easement opened for inclement weather; and
WHEREAS, Mr. Pace replied that if inclement weather was expected the
College would be aware and make the necessary arrangements to have the
easement opened if needed. With respect to other emergencies, the College
would have to be notified to open the easement; and
WHEREAS, Councilwoman Johnson asked if it would be in conjunction with
the closing of the College or City Schools during inclement weather; and
WHEREAS, Mr. Pace responded that generally it is known well enough in
advance making it possible for the College to make those accommodations; and
WHEREAS, Councilman Jones inquired if those conversations usually occur
between the City Police and Fire Departments and the College Police; and
WHEREAS, Mr. Pace stated that was correct; and
WHEREAS, Mayor Foley asked if the current easement was maintained by
the College; and
WHEREAS, Mr. Pace responded affirmatively; and
WHEREAS, Ms. Hart reappeared before Council stating that the current
easement was part of the parking lot. She inquired if there were any
visibility issues with the new easement; and
WHEREAS, Jerry Duvall, representing Branch and Associates, 5732 Airport
Road, appeared before Council stating that it is relatively flat and
visibility from end to end would not be an issue especially since the arches
will no longer be in place; and
WHEREAS, Councilman Jones asked for assurance that there would be no
blind spots; and
WHEREAS, Mr. Duvall gave that assurance; and
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WHEREAS, Ms. Freund reappeared before Council asking what the grade was
on High Street where it abuts Peery Drive; and
WHEREAS, Mr. Pace responded twelve percent on both sides; and
WHEREAS, Councilman Jones inquired of Mr. Simpson what is the standard;
and
WHEREAS, Mr. Simpson replied that VDOT allows up to sixteen percent;
and
WHEREAS, Mr. Carlos Hart 504 High Street appeared before Council asking
if the neighborhood was losing anything in this situation. He continued by
stating there was no easy way to get to the higher section of High Street;
and
WHEREAS, Mr. Pace responded that the grade after construction will be
half of what it is on High Street now, so the neighborhood is not losing
anything, it is an improvement; and
WHEREAS, Vice-Mayor Givens confirmed that it is the grade of the
easement that will be reduced and the grade of High Street itself will not
be changed; and
WHEREAS, Ms. Conlin reappeared before Council inquiring if the proposed
easement is sixteen feet why could it not be twenty-four as is the existing
easement; even further, she added, can High Street just be reopened; and
WHEREAS, Mr. Pace responded that because of the footprint of the new
building they cannot extend the proposed easement to twenty-four feet. It
is a twenty foot easement with a sixteen foot path; and
WHEREAS, Mayor Foley stated that he had asked the same question and it
would not be feasible due to the amount of fill that would be needed to
enlarge the easement; and
WHEREAS, Ms. Freund reappeared before Council asking what would happen
if two vehicles were traveling the easement in both directions at the same
time; and
WHEREAS, Mr. Pace replied that given the new design you would be able
to see any traffic in the easement before accessing it and the College does
not foresee this being an issue at all; and
WHEREAS, Mayor Foley inquired if there will be a pedestrian walk from
the new handicap parking area across the street; and
WHEREAS, Mr. Taliaferro stated that the City has been moving away from
crosswalks at uncontrolled intersections because statistically they are more
dangerous than crossing without a crosswalk. He further stated that the
7
City will work with the College in that area and allow them to temporarily
designate a crosswalk when they have an event and can have someone out there
to make sure traffic stops; and
WHEREAS, Councilwoman Garst stated that you would not want disabled
pedestrians crossing without a crosswalk as she could understand Ms.
Freund’s concern about visibility issues. She added that if these events
are at night, there is even more potential for concern; and
WHEREAS, Councilman Jones stated that there is a light system like they
use in tunnels that work off a photo eye that set off the light on the other
side and work like a stop sign; and
WHEREAS, Mr. Pace responded that he College would be happy to
investigate a system such as that discussed by Councilman Jones; and Mr.
Pace said to clarify the handicap parking, the College provides valet
parking for the handicapped. The College is very willing to work with the
City on any safety issues that may arise; and
WHEREAS, Mayor Foley indicated that the new parking area to the north
of Peery Drive will create additional pedestrian traffic crossing on Peery
Drive; and
WHEREAS, Mr. Pace answered that the safety designs have not been formed
but the College and they would be happy to work with the City to address
these issues; and
WHEREAS, Councilwoman Garst inquired if there would be any type of
easement available during the two year construction period; and
WHEREAS, Mr. Pace replied that during the construction period there is
no way to accommodate for that and the College will work diligently during
inclement weather to provide some way for people to have the equivalent that
they have now; and
WHEREAS, Councilwoman Garst questioned the second part to this
vacation; does the City have everything needed for the public utility
easement; and
WHEREAS, Mr. Taliaferro responded affirmatively stating that the line
on High Street will be diverted to one of the lines on Thompson Memorial
Drive; and
WHEREAS, Councilwoman Garst inquired if there were any concerns from
Engineering; and
WHEREAS, Mr. Simpson replied not at this time and added they are
waiting on the College to complete its designs. The main issue will be
sight distance, and making sure there is a clear line of sight between both
entrances; and
8
WHEREAS, Ms. Freund reappeared before Council inquiring if any thought
had been considered at turning the indoor track building, reorienting it so
that the easement would not have to be so curved; and
WHEREAS, Mr. Duvall reappeared before Council responding that the
location of the property line and the setback requirements prevent rotation
of that building; and
WHEREAS, Mayor Foley asked if there were any further questions or
comments, and hearing none, closed the public hearing; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN
JOHNSON, AND DULY CARRIED, the request of The Trustees of Roanoke College to
vacate and relocate the existing Emergency Access and Inclement Weather
Easement and vacate an existing Public Utility Easement be hereby passed on
first reading – 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 an ordinance on first
reading pertaining to the request of Irvin L. and Jonny Jean Webster,
property owners, for rezoning the property located at 429 South Market
Street (Tax Map # 145-10-10) from RSF Residential Single Family District to
HBD Highway Business District; item was continued from the January 13, 2014,
meeting; and
WHEREAS, Councilwoman Johnson reported that since the last meeting,
Council had received additional information from the petitioners; and
WHEREAS, Mayor Foley stated that this was not the best use for the
property; and
WHEREAS, Councilwoman Garst indicated that her main concern was the
classification of the HBD zoning district was too broad for a residential
neighborhood and as much as she appreciates all the Websters have provided
and has full confidence that they will do a wonderful job there, she does
not believe that HBD is the right classification. She added that the City
needs to explore alternatives to the HBD zoning district; and
WHEREAS, Mayor Foley responded in agreement stating that his concern
related to the expansion of commercial further into the neighborhood; and
ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES,
AND DULY CARRIED, the request of Irvin L. and Jonny Jean Webster, property
owners, for rezoning the property located at 429 South Market Street (Tax
Map # 145 – 10 – 10) from RSF Residential Single Family District to HBD
Highway Business District was hereby passed on first reading – the roll call
vote: Lisa D. Garst – nay, William D. Jones – aye; Jane W. Johnson – aye,
ITEM 2
ORDINANCE
REZONING 429
SOUTH MARKET
STREET FROM RSF
TO HBD PASSED ON
FIRST READING –
VOTE 3 - 2
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John C. Givens – aye, and Byron Randolph Foley – nay.
Mayor Foley requested that Council consider setting bond for erosion
and sediment control for the Cliffview project; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee,
reported that the Committee reviewed the performance bond for erosion and
sediment control for the Cliffview project and recommends setting bond at
$22,143.00 with a time limit of twelve (12) months for completion;
WHEREAS, Mayor Foley requested that Mr. Boggess describe the location
of this project; and
WHEREAS, Mr. Boggess stated that this is the property that staff refer
to as the Duncan property. It is the property located on 419 immediately
across the street from Rotary Park, adjacent to Lancing Drive; and
WHEREAS, Mayor Foley asked if this bond was just to fill the property;
and
WHEREAS, Mr. Boggess answered affirmatively that this bond assures that
as they fill and prepare this property for future development it is done
according to all applicable rules and regulations; and
ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES,
AND DULY CARRIED, the performance bond for erosion and sediment control for
the Cliffview project was hereby set at $22,143.00 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.
Mayor Foley requested that Council consider setting the date for the
public hearing for issuance of Certificates of Public Convenience and; and
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST,
AND DULY CARRIED, the date for the public hearing for Certificates of Public
Convenience and Necessity is hereby set for March 10, 2014 - 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 BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON,
AND DULY CARRIED, in accordance with Section 2.2-3711 A. of the Code of
Virginia, 1950 as amended to date, Council convened to Closed Session at
8:24 p.m. for the purpose of discussing the following specific matter:
discussion of a real estate matter pertaining to property the City may
desire to sell, which is authorized by Section 2.2-3711 A. 3. of the Code of
Virginia, 1950 as amended to date -- the roll call vote: Lisa D. Garst –
ITEM 4
SET PUBLIC
HEARING FOR
CERTIFICATES OF
PUBLIC
CONVENIENCE –
MARCH 10, 2014
ITEM 3
BOND SET FOR E & S
FOR CLIFFVIEW
PROJECT
ITEM 5
CLOSED
SESSION FOR
REAL ESTATE
THE CITY MAY
WISH TO SELL
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aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye,
and Byron Randolph Foley – aye.
Upon reconvening at 8:37 p.m.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN
JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the
Code of Virginia, 1950 as amended to date, Council hereby certifies that in
Closed Session only items lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act and only such items identified
in the motion by which the Closed Session was convened were heard,
discussed, or considered by the Council -- 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.
There being no further business to come before the Council, the
same on motion adjourned at 8:38 p.m.
Mayor
Clerk of Council