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HomeMy WebLinkAbout9/26/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION September 26, 2011 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 September 26, 2011, 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, 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; Frank P. Turk, Director of Finance; and Krystal M. Coleman, Deputy City Clerk; 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 public meeting held regarding South Salem Elementary School; and WHEREAS, a discussion was held regarding the Regional Leadership trip; and WHEREAS, a discussion was held regarding appointments to boards and commissions; and WHEREAS, a discussion was held regarding agenda items for the September 26, 2011, meeting; 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 7:23 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING September 26, 2011 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 26, 2011, 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, and Lisa D. Garst (William D. Jones – 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. Van Allman, City Engineer; and Stephen M. Yost, City Attorney, and the following business was transacted: The August 22, 2011, work session and regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a one-month period ending July 31, 2011, was received and ordered filed. The report by the City Manager of the City’s activities for the month of July 2011 was received and ordered filed. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request of Carl W. Crotts, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 812 Apperson Drive (Tax Map #247 -3-5); notice of such hearing was published in the September 7 and 14, 2011, 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 14, 2011, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel located on the south side of Apperson Drive, west of Orchard Drive; it is approximately .6 acre and is currently occupied by a house containing a single family dwelling with an addition; there are several multi-unit apartment buildings across the street from this property; the property next door to the east was rezoned to Residential Business District in 2007 and is occupied by Myra’s Salon & Company; to the west is a single family dwelling; the property owner added an addition onto the house many years ago when his daughter was ITEM 1 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW TWO – FAMILY DWELLING AT 812 APPERSON DRIVE (T/M 247-3-5) 2 attending college; since that time, another daughter has occupied the apartment; now, the property owner would like to rent the apartment; the addition contains a living room, kitchen, bathroom, and two bedrooms; this request is for a Special Exception Permit to allow the existing structure to be used for a two family dwelling; and WHEREAS, Carl W. Crotts, property owner, appeared before the Council in support of the request; and WHEREAS, Mayor Foley questioned if Mr. Crotts intends to rent the property; and WHEREAS, Mr. Crotts stated that he intends to rent at least half of the building; he stated that as he gets older he may move himself and that he intends for his daughter to inherit the property when he passes; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, a Special Exception Permit to allow a two family dwelling on the property located at 812 Apperson Drive (Tax Map #247-3-5) was hereby approved – the roll call vote: William D. Jones – absent, Lisa D. Garst – 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 Ronkeith and Judith Ann Adkins, property owners, for rezoning the property located at 1618 Roanoke Boulevard (Tax Map #222-2-4) from RB Residential Business District to HBD Highway Business District with proffered conditions; notice of such hearing was published in the September 7 and 14, 2011, 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 14, 2011, recommend approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel located on the south side of Roanoke Boulevard between Alberta Drive and Easton Road; the property is approximately .4 acres and is occupied by a commercial/office building; this request is to rezone the property to bring it into compliance with the existing as well as potential tenants; the property owners ITEM 2 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY LOCATED AT 1618 ROANOKE BOULEVARD (T/M 222-2-4) FROM RB TO HBD WITH CONDITIONS 3 have a prospective tenant who would like to lease the vacant space for a martial arts studio; this type of use is classified as a personal improvement service under the City’s zoning ordinance, which is not permitted in the RB zoning designation; the petitioners have proffered the following condition for the proposed rezoning: the only HBD Highway Business District uses for the property will be general offices, medical office/clinics, antique shops, business support services, consumer repair services, personal improvement services, personal services, retail sales, and fine arts studio; and WHEREAS, Ronkeith Adkins, property owner, appeared before the Council in support of the request; he stated that Mathew Booe, the proposed lessee of the property, is also present at the meeting; he stated that he has owned the property since 1978 and his business was located on the property at one time; he stated that the current zoning does not allow for a martial arts studio on the property, which is the reason for the request; he stated that he proffered the conditions based on the types of uses he would like for the property; he further stated that he also does not want to upset the surrounding neighbors; and WHEREAS, Councilwoman Garst stated that she appreciates the proffers Mr. Adkins offered with his request; and WHEREAS, Mayor Foley questioned if martial arts studios are standard to be placed in personal services; and WHEREAS, the City Manager stated that martial arts studios are normally viewed as personal services as opposed to education; he stated that it is similar to an aerobics studio; and WHEREAS, Councilwoman Johnson thanked Mr. Booe for the letter he submitted with the request and commended him on the discounts he offers to military, police, and fire personnel; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” was hereby passed on first reading with proffered conditions – the roll call vote: Lisa D. 4 Garst – aye, William D. Jones – absent, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider setting bond for Chick-Fil-A for stormwater management and erosion and sediment control for the site located at 1353 West Main Street; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, stated that the Committee met regarding the bond, but upon advice from legal counsel, it is requested that the item be continued to a date in the future; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the bond for Chick-Fil-A for erosion and sediment control for the site located at 1353 West Main Street was hereby continued until a future date – 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 the request of the City Manager to hold a closed session pursuant to provisions of Section 2.2-3711 A (7) of the 1950 Code of Virginia, as amended for consultation with legal counsel; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. (7) of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session at 7:47 p.m. for consultation with legal counsel pertaining to probable litigation where such consultation in open meeting would adversely affect the litigating position of the City and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel -- the roll call vote: Lisa D. Garst – aye, William D. Jones – absent, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Upon reconvening at 8:15 p.m.; ON MOTION MADE BY COUNCILMAN 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 ITEM 3 CONTINUED TO A FUTURE DATE ITEM S1 CLOSED SESSION FOR CONSULTATION WITH LEGAL COUNSEL 5 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 – absent, 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 8:16 p.m.