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HomeMy WebLinkAbout1/28/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 28, 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 28, 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; Bonnie C. McCormack, Treasurer; Shatonna Stores, Deputy Treasurer; Mark Waldron, IT Director; Caleb M. Taylor, Director of Water and Sewer; 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, a discussion was held with the Treasurer, Deputy Treasurer, and IT Director regarding eliminating the city decal; and WHEREAS, the Director of Water and Sewer gave an update on water tank rehabilitation and the numerous water line breaks that occurred January 25 -28, 2013; 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 7:20 p.m. Mayor Deputy Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING January 28, 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 28, 2013, 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; Krystal M. Coleman, Deputy Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; Stephen M. Yost, City Attorney; and Mike Stevens, Communications Director; and the following business was transacted: The January 14, 2013, regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a five-month period ending November 30, 2012, was received and ordered filed. Mayor Foley requested that Council consider adopting Resolution 1221 commending Frank P. Turk on his tenure with the City of Salem; and WHEREAS, Mayor Foley read Resolution 1221; and WHEREAS, Council presented Mr. Turk with a copy of Resolution 1221; and WHEREAS, Council thanked Mr. Turk for his years of service to the City; and ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1221 commending Frank P. Turk on his tenure with the City of Salem was hereby adopted – 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 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 Joan J. Dorsey, property owner, and BGGT, contract purchaser, for rezoning three parcels located in the 1400 and 1500 blocks of Penley Boulevard, Tax Map ITEM 1 RESOLUTION 1221 ADOPTED COMMENDING FRANK P. TURK ON HIS TENURE WITH THE CITY OF SALEM ITEM 2 ORDINANCE PASSED REZONING THREE PARCELS LOCATED IN THE 1400 AND 1500 BLOCKS OF PENLEY BOULEVARD (TAX MAP #’S 204-10-2, 204-13-11, AND A PORTION OF 179-2- 1.1) FROM AG TO RSF 2 #’s 204-10-2, 204-13-11, and a portion of 179-2-1.1 from AG Agriculture District to RSF Residential Single Family District; notice of such hearing was published in the January 9 and 16, 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 January 16, 2013, recommended approval; and WHEREAS, staff noted the following: currently, there are three parcels associated with this request – two existing lots located on Penley Boulevard and a 26+ acre tract with one single family residence; the existing lots are part of the National Heights Subdivision recorded in 1924; the contract purchaser, BGGT, is proposing to rezone approximately 2.01 acres, and the attached rezoning/vacation request plat shows the proposed area to be rezoned; the existing property lines and rights of way in the former subdivision are in the process of being vacated; the contract purchaser/developer plans to utilize the two existing lots and is proposing four additional lots at this time; and in addition, a 50’ strip between Lots 2 and 3 are being retained for a future right of way; and WHEREAS, Sean Horne with Balzer & Associates, representing Joan Dorsey, property owner, and BGGT, contract purchaser, appeared before the Council in support of the rezoning request; he placed a map showing the area to be rezoned on display for the Council; he noted that Mrs. Dorsey owns approximately 26 acres off Penley Boulevard, which he indicated on the map, and they are currently in the process of vacating all the existing old platted lots and streets to clean up the property; once this is done, they are proposing to rezone street frontage on Penley Boulevard for six residential lots; he further noted that they are leaving a 50’ gap between two of the lots, near the crest of the hill on Penley, for future connection or right of way; he stated that this is a better location for sight distance, etc.; there is no interest in rezoning the rest of the property at this time and no plans have been prepared for that; so they are strictly looking at the six lots on Penley Boulevard; and further, he noted that he would be glad to address any questions; and WHEREAS, a discussion was held about the development of the property (i.e. curb and gutter, storm water management, etc.), and possible future development of the larger acreage located behind the property to be rezoned; and WHEREAS, Paul Hicks, 1520 Penley Boulevard, appeared before the Council and stated that he lives across the street from the property that a 3 request to be rezoned is pending; he is not opposed to six houses being built on the property, but has concerns about the possible future development of the larger acreage located behind the property to be rezoned; he stated that Penley Boulevard is not wide enough to handle the traffic that would result from the development; he also feels that curb and gutter should be installed as part of the development of the property; he further stated that Council needs to look closely at the possible future development of the property; he would like for seven houses to be built on the property instead of six so that access to the larger parcel would not be available from Penley Boulevard; and WHEREAS, a discussion was held regarding the development of property with road frontage located on an already improved road opposed to having to build a new road (i.e. site plan requirements, curb and gutter requirements, etc.); and WHEREAS, Mr. Hicks reappeared before the Council to discuss the topography of the property; and WHEREAS, a discussion was held regarding the width of Penley Boulevard, the cost to curb and gutter the property proposed for rezoning, the need for a traffic study, etc.; and WHEREAS, Mr. Horne stated that curb and gutter is not being proposed for the development of the six proposed lots; he further noted that there are no plans at this time for development of the larger acreage located behind the proposed property to be rezoned; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance rezoning three parcels located in the 1400 and 1500 blocks of Penley Boulevard, Tax Map #’s 204-10-2, 204-13-11, and a portion of 179-2-1.1 from AG Agriculture District to RSF Residential Single Family District was 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 second 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 ITEM 3 ORDINANCE ADOPTED 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 4 of the City of Salem, Virginia, pertaining to Athletic Instruction Services; ordinance passed on first reading at the January 14, 2013, meeting; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, 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 adopted – 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 reported that this date and time had been set to hold a public hearing to consider the request of Fame Allstars of Roanoke, lessee, and Metts Investments LLC, property owner, for the issuance of a Special Excepton Permit to allow athletic instruction services on the property located at 1701 Midland Road (Tax Map #230-6-1); notice of such hearing was advertised in the January 9 and 16, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission recommended approval of said request at its December 12, 2012, regularly scheduled meeting; and WHEREAS, staff noted the following: the subject property consists of one parcel of approximately 4.5 acres and is bordered by Easton Road, Midland Road, and Intervale Drive; the property is occupied by a large industrial facility of approximately 67,500 square feet, which is not being fully utilized; and WHEREAS, Jana and Craig Williams, co-owners of Fame Allstars of Roanoke, lessee, appeared before the Council in support of the Special Exception Permit request; Mrs. Williams noted that they are currently located on Aerial Way Drive in Roanoke, which is a temporary location, and they were previously on Brandon Avenue in Roanoke; they feel this location in Salem is a perfect location for their business especially with Salem being such a sports-oriented area; she stated that they offer competitive cheerleading for ages three to twenty-six; she further noted that they have been in business for over nine years and currently have over 80 cheerleaders and their business is growing; and WHEREAS, the Director of Planning and Economic Development noted that events would not be held at the facility; if an event were to be held, it would be held at the Civic Center or a similar venue; therefore, parking would not be an ITEM 4 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW ATHLETIC INSTRUCTION SERVICES ON THE PROPERTY LOCATED AT 1702 MIDLAND ROAD (TAX MAP #230-6-1) 5 issue; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, a Special Exception Permit to allow athletic instruction services on the property located at 1702 Midland Road (Tax Map #230-6-1) 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 receive report of viewers and consider ordinance on first reading permanently vacating 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; and WHEREAS, it was noted that a public hearing was held and viewers were appointed at the January 14, 2013, meeting; and WHEREAS, the City Attorney noted a change to be made to the ordinance which would reference the map submitted by Balzer and Associates; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance permanently vacating 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 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 appointments to fill vacancies on various boards and commissions; and ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Robert S. Fry, III, was hereby reappointed to the Board of Appeals for a five-year term, said term will expire January 1, 2018; and Larry A. Lynch was hereby reappointed to the Personnel Board for a two-year term, said term will expire January 28, 2015 – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. ITEM 6 ROBERT S. FRY, III, REAPPOINTED TO THE BOARD OF APPEALS; LARRY A. LYNCH REAPPOINTED TO PERSONNEL BOARD ITEM 5 ORDINANCE PASSED PERMANENTLY VACATING 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 6 Givens – aye, and Byron Randolph Foley – aye. It was noted that candidates for the Economic Development Authority were interviewed earlier, and a decision will be made at a future meeting of Council. There being no further business to come before the Council, the same on motion adjourned at 8:09 p.m.