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HomeMy WebLinkAbout1/14/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 14, 2013 A work session of the Council of the City of Salem, Virginia, was held in the City Council’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on January 14, 2013, 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, Assistant City Manager and Clerk of Council; N. Michael Tyler, Director of Streets and General Maintenance; William L. Simpson, Assistant City Engineer; Melinda J. Payne, Director of Planning and Economic Development; and Krystal M. Coleman, Deputy Clerk of Council; 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, the Director of Streets and General Maintenance, and the Assistant City Engineer gave a presentation regarding pavement preservation methods; and WHEREAS, a discussion was held regarding the Diversity Dinner; and WHEREAS, the Director of Planning and Economic Development gave a brief update on possible future businesses in Salem; 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 7:28 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING January 14, 2013 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 14, 2013, at 7:30 p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens, William D. Jones, and Lisa D. Garst (Jane W. Johnson – absent); with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; William L. Simpson, Jr., Assistant City Engineer; Stephen M. Yost, City Attorney; and Mike Stevens, Communications Director; and the following business was transacted: The December 10, 2012, regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a four-month period ending October 31, 2012, was received and ordered filed. Mayor Foley reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-214.2, 106-218.2, and 106-220.2; Article IV Development Standards, Section 106-404.17; and Article VI Definitions and Use Types, Section 106-602.9 of the Code of the City of Salem, Virginia, pertaining to Athletic Instruction Services; notice of such hearing was advertised in the December 26, 2012, and January 2, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regularly scheduled meeting on December 12, 2012, recommended approval; and WHEREAS, staff noted the following: over the last several years there has been an increase in popularity of establishments that provide indoor instruction and training in athletic sports; most of the establishments require high ceilings to conduct business; however, the high ceilings are generally only found in industrial buildings not in commercial or retail ones; the proposed changes to the zoning ordinance will permit the use of industrial buildings in LM Light Manufacturing District and HM Heavy Manuf acturing District for athletic instruction services with the approval of a Special Exception Permit, and the proposed use will also be allowed as a by right use in HBD Highway Business ITEM 1 ORDINANCE PASSED AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106-214.2, 106-218.2, AND 106- 220.2; ARTICLE IV DEVELOPMENT STANDARDS, SECTION 106- 404.17; AND ARTICLE VI DEFINITIONS AND USE TYPES, SECTION 106-602.9 OF THE CODE OF THE CITY OF SALEM, VIRGINIA 2 District; and WHEREAS, the Director of Planning and Economic Development appeared before the Council and stated that over the last several years there has been an increase in popularity of establishments that provide indoor instruction and training in athletic sports; most of the establishments require high ceilings to conduct business; however, the high ceilings are generally only found in industrial buildings, not in commercial or retail ones; the proposed changes to the zoning ordinance will permit the use of industrial buildings in LM and HM for athletic instruction services with the approval of a Special Exception Permit; the proposed use will also be allowed as a by right use in HBD; she further stated that the definition for “Athletic Instruction Services” is establishments primarily engaged in providing indoor instruction and training in athletic sports that require high ceiling heights for activity; typical uses include gymnastics academies, baseball and softball training centers, tennis centers and golf centers; she then briefly outlined the changes being proposed —the first change adds the use “Athletic Instruction Services” as a permitted use in HBD; the second change adds “Athletic Instruction Services” with the approval of a Special Exception Permit in LM and HM; and the third change addresses minimum parking required, the use type “Athletic Instruction Services” has been added as well as the parking requirement which refers to “Schedule B with a minimum of 1 space per 300 square feet of space;” lastly under definitions and use types for commercial use types, a definition has been added for “Athletic Instruction Services” as well as changes to the “Personal improvement services” and “Commercial indoor sports and recreation” definitions; and WHEREAS, the City Manager noted that by making the use allowed by a Special Exception Permit in the manufacturing districts, any requests will come before Council for Council to decide if in fact it’s the highest and best use for the property; and WHEREAS, the Clerk of Council noted that a request has already been submitted and approval is recommended by the Planning Commission; the request will come before Council at its next meeting; and WHEREAS, Logan Hall, 709 Mount Vernon Avenue, appeared before the Council and questioned the actual reasoning for the proposed changes; he questioned if it will allow buildings to be taller; and WHEREAS, Councilman Jones stated that the buildings won’t be made any taller; vacant, existing buildings previously used for manufacturing or warehouse space are being utilized for various indoor recreation use (i.e. cheer 3 leading, tumbling, indoor baseball training, etc.); the use is not currently allowed under manufacturing zonings; the proposed changes will allow for the use; and WHEREAS, no other person(s) appeared related to the proposed amendments; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance amending Chapter 106, Article II District Regulations, Section 106-214.2, 106-218.2, and 106-220.2; Article IV Development Standards, Section 106-404.17; and Article VI Definitions and Use Types, Section 106-602.9 of the Code of the City of Salem, Virginia, pertaining to Athletic Instruction Services was hereby passed on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – absent, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider adopting Resolution 121 9 establishing various miscellaneous fees; and WHEREAS, the City Manager stated that the previous resolution in place specified Mr. Turk specifically by name and Mrs. Hyatt, interim Finance Director, asked that a resolution be adopted identifying the position so that when a full- time Finance Director is hired, a new resolution will not have to be adopted; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1219 authorizing the City Manager or the Director of Finance as his designee to execute bank documentation on behalf of the City was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – absent, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; and WHEREAS, the City Manager noted that there are three applicants for the Economic Development Authority; interviews will be scheduled on January 28, 2013; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, William D. Jones, Byron R. (Randy) Foley (alternate), James E. Taliaferro, II, Frank Turk (alternate), Eric A. (Ric) Atkins, and ITEM 2 RESOLUTION 1219 ADOPTED AUTHORIZING THE CITY MANAGER OR THE DIRECTOR OF FINANCE AS HIS DESIGNEE TO EXECUTE BANK DOCUMENTATION ON BEHALF OF THE CITY ITEM 3 REAPPOINTMENTS MADE TO WESTERN VIRGINIA REGIONAL JAIL 4 Keith Mucha (alternate) were hereby reappointed to the Western Virginia Regional Jail Authority – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – absent, John C. 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 adopting Resolution 1220 appointing viewers to consider the request of Joan Dorsey to permanently vacate and close Roseland that extends from Penley Boulevard to Leland, Leland that extends from Roseland, and that certain part of Delton that extends west from Welton approximately 510 feet to its point of termination; notice of such hearing was published in the December 31, 2012, and January 7, 2013 issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Clerk of Council stated that there is an old subdivision on the property and the petitioner would like to vacate the property lines and the rights-of-way on the property for a future project; the petitioner would like to re-subdivide six new lots along Penley Boulevard; since the petitioner would like to vacate rights-of-way, they have to come before Council for approval; with this subdivision, it is a little different because it was subdivided prior to the language that actually dedicated rights-of-way to the locality on the plat; therefore, if Council decides to vacate the rights-of-way, it is also asked that Council also vacate any other implied ownership of the rights-of-way since the City does not specifically own them with language on the plat; and WHEREAS, a discussion was held regarding the proposed development of the property for residential use; and WHEREAS, Sean Horne with Balzer and Associates, representing the petitioner, appeared before the Council and further explained the request and proposed development; and WHEREAS, Logan Hall reappeared before the Council and asked for clarification of the proposed use of the property; and WHEREAS, Mayor Foley stated that the request before Council is to undo something done previously so that the property can be developed in the future; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY ITEM S1 RESOLUTION 1220 ADOPTED APPOINTING VIEWERS TO PERMANENTLY VACATE AND CLOSE ROSELAND THAT EXTENDS FROM PENLEY BOULEVARD TO LELAND, LELAND THAT EXTENDS FROM ROSELAND, AND THAT CERTAIN PART OF DELTON THAT EXTENDS WEST FROM WELTON APPROXIMATELY 510 FEET TO ITS POINT OF TERMINATION 5 COUNCILMAN JONES, AND DULY CARRIED, Resolution 1220 appointing Howard Packett, Joseph E. Yates, Jr., and William R. Shepherd as viewers to view Roseland that extends from Penley Boulevard to Leland, Leland that extends from Roseland, and that certain part of Delton that extends west from Welton approximately 510 feet to its point of termination was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – absent, John C. Givens – aye, and Byron Randolph Foley – aye. ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, 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 7:54 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 and 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 – aye, William D. Jones – aye, Jane W. Johnson – absent, John C. Givens – aye, and Byron Randolph Foley – aye. Upon reconvening at 8:50 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, 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 – absent, 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 8:51 p.m. ITEM S2 CLOSED SESSION FOR REAL ESTATE THE CITY MAY WISH TO SELL