HomeMy WebLinkAbout3/28/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
March 28, 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 March 28,
2011, 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 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 presentation was given by the Roanoke Valley Convention and Visitors
Bureau; 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 7:26 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
March 28, 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 March 28, 2011, 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; 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, City Engineer; Mike
Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the
following business was transacted:
The March 14, 2011, work session minutes were approved as written and
the regular meeting minutes were approved as amended.
Mayor Foley requested that Council adopt Resolution 1179 commending
Gardner W. Smith and his tenure with the City of Salem Planning Commission;
and
WHEREAS, it was noted that Mr. Smith could not be present at the
meeting, but the resolution will be presented to him at a later date;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1179 was hereby
adopted commending Gardner W. Smith and his tenure with the City of Salem
Planning Commission:
(HERE SET OUT RESOLUTION 1179)
– 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 ordinance on first reading rezoning a 0.34 acre
portion of the property located at 1126 Kime Lane (Tax Map #148-1-2.1) at the
request of YMCA of Roanoke Valley, property owner, from RSF Residential Single
Family District to HBD Highway Business District with proffered conditions;
ITEM 1
RESOLUTION 1179
ADOPTED
COMMENDING
GARDNER W.
SMITH AND HIS
TENURE WITH THE
CITY OF SALEM
PLANNING
COMMISSION
ITEM 2
ORDINANCE
PASSED REZONING
A 0.34 ACRE
PORTION OF THE
PROPERTY
LOCATED AT 1126
KIME LANE (T/M
148-1-2.1) FROM
RSF TO HBD WITH
PROFFERED
CONDITIONS
2
notice of such hearing was published in the April 9 and 16, 2011, issues of The
Roanoke Times, a newspaper having general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its March 16, 2011, regularly
scheduled meeting recommends approval of said request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel, located to the east of the Salem YMCA and directly to the south of the
water tank; the property is approximately .3 acres, and is vacant except for a
paved walkway; this request is to rezone the property to allow for the expansion
of the existing YMCA; in accordance with the previous rezoning of the YMCA
property, the petitioner has proffered the following conditions: 1) the only HBD
Highway Business District uses for the property will be assembly halls, cultural
services, personal improvement services, and day care center, which may be
provided by a medical facility, and 2) the facility will be built in substantial
compliance with the drawings submitted at the March 16, 2011, Planning
Commission hearing; and the only issue staff has is “How will the paved walk
connecting to the parking lot be relocated?”; and
WHEREAS, the Director of Planning and Economic Development stated
that the YMCA is requesting a rezoning for a piece of property to be used for
expansion of the facility; and
WHEREAS, Richard Rife, Rife and Wood Architects in Roanoke, architect
for the YMCA, appeared before the Council on behalf of the YMCA; he displayed
a site plan of the Salem Family YMCA that showed the existing building and the
proposed expansion; he further displayed the proposed expansion of the
facilities at the YMCA—9,000 sq. ft. wellness center, which is approximately
double the size of the existing wellness center; he stated that the current
wellness center will then be divided into a large group exercise room, a large
cycling room, and an expanded youth activities area; and
WHEREAS, Vice Mayor Givens questioned how long the construction of
the expansion is expected to take; and
WHEREAS, Mr. Rife stated that the project hopes to go out to bid within
the next two months and plan to move into the new wellness center
approximately 12 months from now; and
WHEREAS, Councilwoman Garst questioned if additional parking will be
required; and
3
WHEREAS, Mr. Rife stated that no additional parking is anticipated; and
WHEREAS, Vice Mayor Givens questioned the zoning of the property
surrounding the YMCA facility; and
WHEREAS, the City Engineer stated that the parking lot is currently zoned
Residential Single Family, with properties surrounding the facility being zoned
Highway Business District, College and University District, and Business
Commerce District zoning; and
WHEREAS, Mayor Foley questioned the location of the proposed
expansion in relation to the parking lot; and
WHEREAS, Mr. Rife noted where the proposed expansion is located in
relation to the water tank and the parking lot; and
WHEREAS, Dale Lee, 34B Upland Drive, appeared before the Council on
behalf of the Salem YMCA; she stated that she is the current Chair of the SALEM
YMCA Board, she is also on the Board of Directors of the American Cancer
Society, the Roanoke Regional Chamber of Commerce, the Better Business
Bureau, Radford University’s College of Business and Economics Advisory
Committee, and on the Board of the Opening Doors Foundatio n; she stated that
she is aware of the promises businesses and organizations make to its leaders
and sometimes don’t follow through with; she stated that the YMCA has made a
lot of promises to Council and to date it has kept its promises; she further stated
that the YMCA has 6,567 members with over 6,000 being residents of the City of
Salem; she stated that 350 families receive financial aid; she stated that over
$252,000 in assistance was provided to citizens who needed it; she stated that
the Salem YMCA also partners with the City of Salem Schools to provide a Safe
Splash program which provides water safety to second graders, the Y Pass
Program provides a safe space for teens after school, is home of the Salem
Spartans Swim Team, the home of the physical education program for the AIMS
Program, provides physical educational classes for summer school students, and
are active participants in the Schools’ Health Advisory Board and the Employee
Wellness Committee; she further discussed the various programs at the YMCA;
she stated that financial challenges have affected everyone but the YMCA has
not asked City Council for any financial assistance; she discussed how the
expansion will increase the YMCA’s ability to serve the children and the citizens
of Salem; and
WHEREAS, Councilwoman Johnson asked for clarification on how the
proposed expansion will move areas in the facility; and
4
WHEREAS, Ms. Lee noted the proposed changes; and
WHEREAS, Councilwoman Johnson and Councilwoman Garst commended
the Salem YMCA for its programs and what it offers to the community; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, 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 -- 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 bond for physical
improvements and erosion and sediment control for the Main Street Primitives
Project; and
WHEREAS, Councilman Jones, Vice Chairman of Council’s Audit Finance
Committee, reported that the committee met and recommends setting bond for
physical improvements and erosion and sediment control for the site located at
2821 West Main Street at $54,130 with twelve (12) months for completion; and
WHEREAS, the City Engineer stated that the property owner was asked to
provide extra detention—a 25-2 which is beyond the current regulations to
provide extra measures to contain the storm water; and
WHEREAS, Vice Mayor Givens questioned if the property would have to
be raised with fill in order to build on the property; and
WHEREAS, the City Engineer stated that the property will not have to be
raised a substantial amount; he stated that there will be a detention pond in the
front and one in the back; and
WHEREAS, Councilman Jones noted that the property is located next to
the BB&T Bank in front of the Beverly Heights Subdivision; and
WHEREAS, the City Engineer further noted that the property is located
approximately two blocks west of Keesling; and
ITEM 3
BOND AND TIME
LIMIT SET FOR
MAIN STREET
PRIMITIVES
PROJECT
5
WHEREAS, Councilwoman Garst stated that the twelve months for
completion is a standard timeframe, but not all projects require twelve months
to complete; she questioned if the time frame for completion could be adjusted
for each project instead of using a standard timeframe; and
WHEREAS, the City Engineer stated that was something he would discuss
with the City Manager and staff;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, bond and time limit for physical
improvements and erosion and sediment control for the Main Street Primitives
Project was hereby set at $54,130 with 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 an ordinance on first
reading to amend, revise, and reordain Chapter 86, Article V, Division I, Section
86-246 thru 86-265 of The Code of the City of Salem, Virginia, pertaining to
Stopping, Standing, and Parking; and
WHEREAS, the City Manager stated that the changes essentially bring the
City Code into conformance with State Code, as well as some additional changes
to parking fines and some other items; he stated that Chief Dudley is present to
answer any questions; and
WHEREAS, Mayor Foley noted that parking fines are increasing; and
WHEREAS, Councilman Jones asked Chief Dudley to review some of the
changes; and
WHEREAS, Jeff Dudley, Salem Chief of Police, appeared before the
Council and stated that most of the fines, other than handicapped parking and
fire lane violation, were doubled from $10 to $20; he stated that the fines keep
the City in line with most neighboring jurisdictions and in many instances remain
lower than neighboring localities; he stated that the other fairly significant
change made to the code was to implement a process for someone to contest a
parking ticket rather than advising them to not pay the ticket and go through the
process of bringing the person to court for not paying the fine; he further stated
that the other changes deal with the length of time for payment —it went from
three to five days to pay the ticket, and timelines were established on the length
of time the parking ticket goes through the system; and
ITEM 4
ORDINANCE
PASSED TO
AMEND, REVISE,
AND REORDAIN
CHAPTER 86,
ARTICLE V,
DIVISION I,
SECTIONS 86-246
THRU 86-265 OF
THE CODE OF THE
CITY OF SALEM,
VIRGINIA,
PERTAINING TO
STOPPING,
STANDING, AND
PARKING
6
WHEREAS, the City Attorney stated that the parking fines have not been
raised since the 1990s; and
WHEREAS, Vice Mayor Givens questioned why a fire lane violation was
only a $50.00 fine; and
WHEREAS, Chief Dudley stated that the fines are in -line with neighboring
jurisdictions; and
WHEREAS, a discussion was held regarding handicapped parking and fire
lane violations;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR
GIVENS, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO
AMEND, REVISE, AND REORDAIN CHAPTER 86, ARTICLE V, DIVISION 1.
GENERALLY, SECTIONS 86-246 THRU 86-265, OF THE CODE OF THE CITY OF
SALEM, VIRGINIA, PERTAINING TO STOPPING, STANDING AND PARKING,” 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 first
reading to amend, revise, and reordain Chapter 90, Article III, Division 4, Sections
90-191 thru 90-211 of The Code of the City of Salem, Virginia, pertaining to
Sewer Use; and
WHEREAS, the City Manager stated that the City does not treat its own
sewer, it is treated by the Western Virginia Water Authority at its sewage
treatment plant in Roanoke City; he stated that the guidelines the city has to
adhere to must conform with the Water Authority’s guidelines and also must
follow State guidelines; he further stated that the proposed ordinance
amendments regarding sewer use will bring the current ordinance into
conformance with the current policies of both the Western Virginia Water
Authority and the State of Virginia; he stated that the changes need to be
adopted and will have to be revisited from time to time as the Water Authority
changes its policies and ordinances; and
WHEREAS, Vice Mayor Givens questioned if the changes address
infrastructure requirements—size of pipes required, etc.; and
ITEM 5
ORDINANCE
PASSED TO
AMEND, REVISE,
AND REORDAIN
CHAPTER 90,
ARTICLE II, DIVISION
4, SECTIONS 90-191
THRU 90-211 OF
THE CODE OF THE
CITY OF SALEM,
VIRGINIA,
PERTAINING TO
SEWER USE
7
WHEREAS, the City Manager stated that the changes do not directly
address infrastructure requirements;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “AN
ORDINANCE TO AMEND, REVISE, AND REORDIAN CHAPTER 90, ARTICLE III,
DIVISION 4. SEWER USE, SECTION 90-191 THRU 90-211, OF THE CODE OF THE
CITY OF SALEM, VIRGINIA, PERTAINING TO SEWER USE,” 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 nominations for various
VML Policy Committees for 2011;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the following nominations are
hereby made to the 2011 Virginia Municipal League Policy Committees:
Community & Economic Development – Jane W. Johnson
Environmental Quality – Lisa D. Garst & James M. Fender, Jr.
Finance – Frank P. Turk
General Laws – James E. Taliaferro, II
Human Development & Education – William D. Jones
Transportation – John C. Givens & Kevin S. Boggess
– 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 7:59 p.m.
ITEM 6
NOMINATIONS
FOR VML POLICY
COMMITTEES FOR
2011