HomeMy WebLinkAbout9/24/2012 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
September 24, 2012
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 September 10, 2012, at
6:00 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; Frank P.
Turk, Director of Finance; 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 regarding the donation request of the Science Muesum
of Western Virginia; 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 7:21 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
September 24, 2012
A regular meeting of the Council of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, on September 24, 2012, 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; Frank P. Turk, Director of Finance; Melinda J.
Payne, Director of Planning and Economic Development; Charles E. VanAllman,
Jr., City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost,
City Attorney, and the following business was transacted:
The September 10, 2012, work session minutes and 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 amending Chapter 3, Sections 3.2 and 3.4 of the
Charter of the City of Salem, Virginia, pertaining to Elections; notice of such
hearing had been published in the September 13 and 19, 2012, issues of The
Roanoke Times, a newspaper having general circulation in the City of Salem; and
WHEREAS, the City Attorney noted that the legal advertisement
published for the amendment was not precise enough; therefore, a public
hearing will be held but no action will be taken; the notice will be re-advertised
for a second public hearing to be held at the October 8, 2012, meeting; and
WHEREAS, the City Attorney then gave a staff report regarding the
proposed charter amendment; he stated that Council asked what process it
would need to go through in order to ensure that all local office candidates go
through the same process; he noted that the Charter of the City of Salem
dictates the process; the current charter states that registrations, nominations,
and elections shall be held in accordance with the general laws of the
Commonwealth of Virginia; in other words, state law controls the process;
currently the process to become a candidate depends on whether the candidate
is a nominee of a political party or is running as an independent; there are two
separate avenues in order for the candidate to get his/her name on the ballot;
he then reviewed the differences in the processes and deadlines between being
a political party nominated candidate and an independent candidate; he noted
that Council would like for the process to be the same for all candidates whether
ITEM 1
PUBLIC HEARING
HELD REGARDING
AMENDMENT TO
SECTIONS 3.2 AND
3.4 OF THE CHARTER
OF THE CITY OF
SALEM, VIRGINIA,
PERTAINING TO
ELECTIONS
2
or not the candidate is affiliated with a political party; he further noted that
Council would also like for the party affiliation to not be noted on the ballot so
that the candidates would be placed on the ballot in alphabetical order; he
noted that other localities have gone through this process also; and
WHEREAS, Frank Munley, 425 Roanoke-Boulevard, appeared before the
Council and stated that there have been very few candidates over the years who
have run as partisan candidates and wonders why the issue has been brought
forth; he stated that another issue that has been brought up recently in the news
is voter ID and voter fraud; he stated that he is before Council as a friend of
neither major party, but like many he is often afflicted with a version of the
Stockholm syndrome—he has to vote for the lesser of the two evils; for one of
the two parties that has imprisoned us by its joint efforts to put up barriers,
stringent barriers in many cases, against additional parties; he appreciates that
feely organized political parties have their place in a democracy and should
remember that freely organized political parties are forbidden in dictatorships;
identification of a party’s affiliation on the ballot can play an important role in
enabling voters to exercise a meaningful choice; he stated that party ID is
something voters have a right to expect; he stated that as far as leveling the
playing field, hiding candidates’ political affiliation can only make everyone
appear as an independent, which is a disadvantage to a party candidate who
could benefit from party ID and the same point applies to the independent
candidate because some voters reject party candidates because they don’t want
to be bothered with them and prefer the independent candidate; he feels that
the playing field is best leveled by full disclosure, which will benefit all candidates
and most importantly support the backbone of our democracy, the voters; and
WHEREAS, no other person(s) appeared related to the amendment;
THEREUPON, said public hearing was held.
Mayor Foley reported that this date and time had been set to hold a
public hearing and receive views of citizens and candidates regarding the
appointment to fill the expiring terms of Cindy Neathawk and Michael Shiglinsky
on the Salem School Board; notice of such hearing was published in the
September 12, 2012, issue of The Roanoke Times, a newspaper having general
circulation in the City of Salem; and
WHEREAS, Michael Chiglinsky, 2722 Titleist Drive, appeared before the
Council and stated that he would like to be reappointed to the Salem School
Board; he discussed his tenure thus far on the School Board; and
ITEM 2
PUBLIC HEARING
HELD FOR SCHOOL
BOARD APPLICANTS
3
WHEREAS, Mark Johnson, 1105 Debra Lane, appeared before the Council
and stated that he would like to be appointed to the Salem School Board and
discussed his qualifications and reasons he would like to be appointed to the
Board; and
WHEREAS, Michelle Darby, 1913 Millstream Drive, appeared before the
Council and stated that she would like to be appointed to the Salem School
Board and discussed her qualifications and reasons she would like to be
appointed to the Board; and
WHEREAS, Kathy Shelton, 2113 Mountain Avenue, appeared before the
Council and stated that she would like to be appointed to the Salem School
Board and discussed her qualifications and reasons she would like to be
appointed to the Board; and
WHEREAS, Nancy Bradley, 700 Beech Road, appeared before the Council
and stated that she would like to be appointed to the Salem School Board and
discussed her qualifications and reasons she would like to be appointed to the
Board; and
WHEREAS, no other person(s) appeared related to the appointments; and
WHEREAS, it was noted that interviews will be held on October 8, 2012;
THEREUPON, said public hearing was held.
Mayor Foley and members of Council thanked Mrs. Neathawk for her
service on the Salem School Board.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider an ordinance on first reading rezoning the properties
of Sunday Callegari Ewald, 101 South Bruffey Street (T/M 141-3-1), Larry J.
Raborn, 105 South Bruffey Street (T/M 141-3-1), Wanda M. Blevins, 109 South
Bruffey Street (T/M141-3-3), Kevin and Milena Quill, 113 South Bruffey Street
(T/M 141-3-4), Teresa Ann Sweeney, 117 South Bruffey Street (T/M 141-3-5),
and Howard C. Nash, Jr., 121 South Bruffey Street (T/M 141-3-6) from LM Light
Manufacturing District to RSF Residential Single Family District; notice of such
hearing had been published in the September 5 and 12, 2012, issues of The
Roanoke Times, a newspaper having general circulation in the City of Salem; and
ITEM 3
ORDINANCE
PASSED ON FIRST
READING
REZONING SIX
PROPERTIES ON
SOUTH BRUFFEY
STREET FROM LM
TO RSF
4
WHEREAS, the Planning Commission at its regular meeting held
September 12, 2012, recommends approval of said request; and
WHEREAS, staff noted the following: the subject properties consist of
six(6) parcels located on the west side of South Bruffey Street; the properties are
residential single family housing and contain approximately .16 acres each; the
owner of 101 South Bruffey Street, Sunday Callegari Ewald, is in the process of
trying to sell her home; due to a debilitating stroke in March 2009, she is unable
to maintain her property and now resides in an apartment adjacent to her
parents; when her Power of Attorney, John Ewald, contacted the City to request
a letter stating the home could be rebuilt if destroyed by fire, etc., he was
informed that according to the City’s zoning ordinance, the City could not
provide a letter of this type due to the nonconforming use of the property; the
City has received a number of requests of this type to rezone properties that are
nonconforming to the use; as noted by the applicants in their letter, all eight
building on this block have been used as “improved single family housing” since
being constructed in the 1930s; two of the properties, 125 South Bruffey and
129 South Bruffey, were rezoned to residential in 1998 and 2007 respectfully;
and
WHEREAS, the Clerk of Council noted that the petitioners are requesting
that their properties be rezoned from LM to RSF and noted that the properties
have been zoned industrial or manufacturing for years and a couple of the
property owners of the area have individually requested rezonings to a
residential classification; he noted that the request started with one property
owner who then spoke with their neighbors; he noted that the request will
rezone the entire block of South Bruffey Street to RSF; and
WHEREAS, John Ewald, Power of Attorney, representing his daughter,
Sunday Callegari Ewald, appeared before the Council in support of the request;
he noted that his daughter has owned the property for approximately eight
years; she suffered a severe stroke approximately three and one-half years ago;
he noted that they kept her in the house as long as they could, but due to her
health and his health, they decided that they needed to move her and she is now
living in a condominium across the hall from he and his wife off Electric Road;
they were directed to sell the house by Virginia Medicaid because they could not
hold an asset this great in value due to her receiving Medicaid; he noted the
reasons behind the request and asked Council to approve the rezoning; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
5
COUNCILMAN JONES, AND DULY CARRIED, an ordinance rezoning the properties
of Sunday Callegari Ewald, 101 South Bruffey Street (T/M 141-3-1), Larry J.
Raborn, 105 South Bruffey Street (T/M 141-3-1), Wanda M. Blevins, 109 South
Bruffey Street (T/M141-3-3), Kevin and Milena Quill, 113 South Bruffey Street
(T/M 141-3-4), Teresa Ann Sweeney, 117 South Bruffey Street (T/M 141-3-5),
and Howard C. Nash, Jr., 121 South Bruffey Street (T/M 141-3-6) from LM Light
Manufacturing District to RSF Residential Single Family District was 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 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 III, Use and Design Standards, Section 106-304.17 of The Code of the City
of Salem, Virginia, pertaining to Townhouse; notice of such hearing had been
published in the September 5 and 12, 2012, issues of The Roanoke Times, a
newspaper having general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its regular meeting held
September 12, 2012, recommends approval of said request; and
WHEREAS, staff noted the following: this request is to amend Chapter
106, Article III, pertaining to use and design standards related to townhouse
developments in the City; and
WHEREAS, the Clerk of Council stated that even though the proposed
amendments look drastically different from the existing ordinance, the changes
are mainly for clarity; the major changes involve the yard requirement for
townhouse developments; he noted that some of the yards were 15’ and 25’ and
the proposed amendment would only require 10’; and
WHEREAS, a discussion was held regarding the yard requirement, setback
requirements; site plan review, etc. and
WHEREAS, no other person(s) appeared related to the proposed
amendments;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, an ordinance amending Chapter 106,
Article III, Use and Design Standards, Section 106-304.17 of The Code of the City
of Salem, Virginia, pertaining to Townhouse was hereby passed on first reading
as recommended by the Planning Commission – the roll call vote: Lisa D. Garst –
ITEM 4
ORDINANCE
PASSED ON FIRST
READING
AMENDING
CHAPTER 106,
ARTICLE III, USE AND
DESIGN
STANDARDS,
SECTION 106-304.17
OF THE CODE OF
THE CITY OF SALEM,
VIRGINIA,
PERTAINING TO
TOWNHOUSE
6
aye, William D. Jones – aye, Jane W. Johnson – absent, John C. Givens – aye, and
Byron Randolph Foley – aye.
Mayor Foley requested that Council consider an ordinance on first
reading regarding the request of Roanoke College Trustees, property owner, for
rezoning a portion of the property located at 232 North Broad Street/247 Red
Lane (Tax Map #87-7-7) from CUD College and University District to RSF
Residential Single Family District; also consider the request of the City of Salem,
property owner, for rezoning a .57 acre parcel located on Dulaneys Alley (Tax
Map #105-4-1.1) from RSF Residential Single Family District to CUD College and
University District; the item was continued from the July 23, 2012, meeting; and
WHEREAS, it was noted that the request has been withdrawn by the
petitioners;
THEREUPON, item has been withdrawn and no action was taken.
Mayor Foley requested that Council consider a donation to the Salem
Band Boosters in the amount of $4,110.84 equal to the amount of admissions tax
paid in connection with the Drum Corps International Summer Music Games
held July 30, 2012;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, a donation for the Salem Band
Boosters in the amount of $4,110.84 equal to the amount of admissions tax paid
in connection with the Drum Corps International Summer Music Games held July
30, 2012, was hereby approved – 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 8:24 p.m.
ITEM 5
REQUEST
WITHDRAWN BY
PETITIONERS
ITEM 6
DONATION
APPROVED FOR
SALEM BAND
BOOSTERS EQUAL
TO AMOUNT OF
ADMISSIONS TAX
PAID