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HomeMy WebLinkAbout2/14/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION February 14, 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 January 24, 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, 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; Mary Ellen H. Wines, Secretary to the City Manager; 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 keeping of fowl; and WHEREAS, a discussion was held regarding the Red Sox lease; and WHEREAS, a discussion was held regarding the Lions Club contract; and WHEREAS, a discussion was held regarding the YMCA rezoning; 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 7:22 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING February 14, 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 February 14, 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; William L. Simpson, Jr., Assistant City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the following business was transacted: It was noted that members of Boy Scout Troop 449 were present at the meeting. The January 24, 2011, work session and regular meeting minutes were approved as written. The January 5 and February 2, 2011, joint work session minutes with the Planning Commission were approved as written. The report by the City Manager of the City’s activities for December 2010 was received and ordered filed. Mayor Foley reported that this date and time had been set t o hold a public hearing to consider the sale of an approximate 3.9 acre tract and an approximate 1.8 acre tract located at 1150 Kime Lane/1130 Lynchburg Turnpike, being a portion of Tax Map 148-1-2; notice of such hearing was advertised in the February 7, 2011, issue of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the City Manager stated that the City has been approached by a potential buyer to purchase the aforementioned property to build a school — the school would be built on the approximate 3.9 acre tract and the 1.8 acre tract is a wooded area to be kept as a wooded area; he stated that the potential buyer has met with neighbors in the area; the City Manager stated that the City also received an offer to purchase one acre of the 3.9 acre tract from the adjacent property owner; he further stated that Council has two potential buyers of at least a portion of the property being considered; he stated that staff is asking Council to consider whether they want to sell the property or not and to advise staff on how to proceed; he noted that according to state code a certain ITEM 1 PUBLIC HEARING FOR SALE OF 3.9- ACRE TRACT AND 1.8-ACRE TRACT LOCATED AT 1150 KIME LANE/1130 LYNCHBURG TURNPIKE, PORTION OF T/M 148-1-2 2 percentage of Council is required to vote regarding the sale of property and since Councilman Jones is not present at the meeting he asked the City Attorney to further explain; and WHEREAS, the City Attorney stated that three-fourths of Council has to vote in favor of selling the property; he stated that four members of Council would need to vote in favor of the sale of the property; and WHEREAS, the City Manager stated that staff would answer any questions at the conclusion of the public hearing; and WHEREAS, Barney Horrell, representing Salem Montessori School, appeared before Council in support of the sale of the property to build a school; he stated that he is available to answer questions from citizens and Council; he stated that he feels that the proposed project will benefit the City and its citizens; and WHEREAS, William Mullins, 1208 Lynchburg Turnpike, appeared before Council and stated that he would like for the property to remain residential with homes built; he stated that if Council votes to approve the sale of the property, he will address his concerns at the Planning Commission meeting; and WHEREAS, Mayor Foley noted that Council is considering the possibility of selling the property; the use being requested required a Special Exception Permit which has to go before the Planning Commission; Council will consider the Special Exception Permit request after it has gone before the Pla nning Commission; he stated that this public hearing is not the “final straw,” Council is considering whether to sell the property contingent upon the outcome at the subsequent meetings; and WHEREAS, Barbara Anderson, 109 Union Street, appeared before the Council and questioned how the property was currently zoned; and WHEREAS, it was noted that the property is zoned Residential Single Family District; and WHEREAS, Ms. Anderson questioned if the property is rezoned, would it have to go before a zoning board; and 3 WHEREAS, Mayor Foley stated that if the zoning on the property is changed, or if a Special Exception Permit is requested for the property it would have to through the Planning Commission; and WHEREAS, the City Attorney stated that the property does not need to be rezoned to be used as a school, but a Special Exception Permit would need to be approved; he stated that the request for a Special Exception Permit is a process that goes through the Planning Commission, which is on the Planning Commission’s next agenda, and then the request would go to Council at its last meeting this month; and WHEREAS, Mrs. Anderson asked what the zoning would be; and WHEREAS, the City Attorney stated that the property is zoned Residential Single Family District and it would remain the same; and WHEREAS, Vice Mayor Givens stated that it is a tough decision and understands the neighbors’ issues; he stated that he has looked at both sides and has tried to keep an open mind; he further stated that he is concerned about the close proximity of Roanoke College and if patio homes were built on the property, they could be rented to college students; and WHEREAS, Councilwoman Garst questioned if the sale was approved, would Mr. Horrell work with the neighbors to help facilitate the transition area; and WHEREAS, Mr. Horrell stated that he and Ms. VanderHoeven, the owner of the existing Salem Montessori School, have met with most of the neighbors surrounding the property and gathered input; he stated that adequate screening would be provided; he further stated that Mr. Mullins has stated that he would prefer landscaping as screening rather than solid fencing; he stated that they are very agreeable to landscaping/screening suggestions; he stated that all of the existing landscaping along Lynchburg Turnpike will be preserved and greatly enhanced; he stated that there will be no access to the property from Lynchburg Turnpike and will use that side of the property to screen the facility from visibility from Lynchburg Turnpike; and WHEREAS, Councilwoman Johnson stated that she has put a lot of thought into the consideration and feels that for a RSF zoned property it is a compatible use; she feels that it would be less of an impact to the neighborhood as far as traffic standpoint, etc.; and 4 WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the sale of an approximate 3.9 acre tract and an approximate 1.8 acre tract located at 1150 Kime Lane/1130 Lynchburg Turnpike, being a portion of Tax Map 148 -1-2, to Salem Montessori School was hereby approved contingent upon the approval of Special Exception Permit to allow a school on the property – 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. Mayor Foley requested that Council consider adopting Resolution 1178 closing Main Street on September 10, 2011, for Olde Salem Days festivities; and WHEREAS, Edward Lautenschlager appeared before the Council on behalf of the Rotary Club of Salem to request that Council close the streets for Olde Salem Days; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1178 was adopted as amended closing Main Street on September 10, 2011, for Olde Salem Days festivities: (HERE SET OUT RESOLUTION 1178) -- 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. Mayor Foley requested that Council consider the request for renewal of lease on the old N & W Railway Passenger Station for Total Action Against Poverty’s Head Start Program for period July 1, 2010, through June 30, 2011 ; and WHEREAS, Councilwoman Garst questioned if the lease could be a long- term lease instead of being renewed every year; and WHEREAS, the City Attorney stated that the lease could be renewed for longer than a one-year period; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the lease of the old N & W Railway Passenger Station for Total Action Against Poverty’s Head Start Program was ITEM 2 RESOLUTION 1178 ADOPTED CLOSING MAIN STREET ON SEPTEMBER 10, 2011, FOR OLDE SALEM DAYS ITEM 3 LEASE RENEWED ON OLD N & W RAILWAY PASSENGER STATION FOR HEAD START PROGRAM 5 hereby renewed with the caveat for renewing for a three to five-year period going forward – 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. Mayor Foley requested that Council consider an ordinance on second reading amending Chapter 106, Article II District Regulations, Section 106- 220.2(B)(5) of The Code of the City of Salem, Virginia, pertaining to Commercial Use Types in HM Heavy Manufacturing District zoning; ordinance was passed on first reading at the January 24, 2011, meeting; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106-220.2(B)(5) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO COMMERCIAL USE TYPES IN HM HEAVY MANUFACTURING DISTRICT ZONING” was hereby passed on first reading – 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. Mayor Foley requested that Council consider an ordinance on second reading amending Chapter 106, Article II District Regulations, Section 106- 208.2(A)(2, 4, & 5), 208.2(B)(2, 4, & 5), and 208.3(B)(1) of The Code of the City of Salem, Virginia, pertaining to Permitted uses and Site development regulations in RB Residential Business District zoning; also consider adding Section 106 -208.3(E) Other Requirements; ordinance was passed on first reading at the January 24, 2011, meeting; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II, SECTIONS 106-208.2, AND 106-208.3, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO RESIDENTIAL BUSINESS, PERMITTED USES AND SITE DEVELOPMENT REGULATIONS, AND DEFINITIONS,” was hereby passed on first reading – 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. Mayor Foley again noted that the Planning Commission meeting is Wednesday, February 16, 2011. ITEM 4 ORDINANCE ADOPTED AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106.220.2(B)(5) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO COMMERCIAL USE TYPES IN HEAVY MANUFACTURING DISTRICT ITEM 5 ORDINANCE ADOPTED AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106-208.2 (A)(2,4, & 5), 208.2(B)(2,4, & 5), AND 208.3(B)(1) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO PERMITTED USES AND SITE DEVELOPMENT REGULATIONS IN RB DISTRICT ZONING; ALSO ADDING SECTION 106-208.3(E) OTHER REQUIREMENTS 6 Councilwoman Johnson thanked the Salem Rotary Club for the good works it does for the community. Councilwoman Garst asked that the Clerk of Council remind everyone of the public meeting dates for the Comprehensive Plan; and the Clerk of Council stated the dates are March 3 and 8, 2011, from 5 to 7 p.m. at the Salem Civic Center. There being no further business to come before the Coun cil, the same on motion adjourned at 7:49 p.m.