HomeMy WebLinkAbout9/22/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES
COUNCIL MEETING
September 22, 2008
A regular meeting of the Council of the City of Salem, Virginia, was held in
the Council Chambers, City Hall, 114 North Broad Street, on September 22, 2008,
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. Van Allman, Jr., City Engineer;
Mike Stevens, Communications Director, and Stephen M. Yost, City Attorney;
and the following business was transacted:
The minutes of the regular meeting of September 8, 2008, the work
session minutes from September 8, 2008, and the minutes of the joint work
session between Council and the Planning Commission from September 10,
2008, were approved as written.
The report by the City Manager of the City’s activities for the month of
August 2008 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 Patricia H. Powell, property owner, for
the issuance of a Special Exception Permit to allow a two -family dwelling on the
property located at 628-630 Kimball Avenue (Tax Map #215-8-17); and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the September 3 and 10, 2008, 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 10, 2008, recommend approval of the request; and
ITEM 1
SPECIAL
EXCEPTION
PERMIT
APPROVED TO
ALLOW A TWO-
FAMILY DWELLING
ON THE PROPERTY
LOCATED AT 628-
630 KIMBALL
AVENUE (TAX MAP
#215-8-17)
2
WHEREAS, staff reported the following: the subject property consists of
one parcel located on Kimball Avenue, to the southeast of the intersection with
Plum Street; the parcel is approximately 11,700 square feet and is currently
occupied by an existing split-level style duplex; this request is to bring the
property into compliance with the zoning so that it may be sold; the buyer is
unable to obtain financing because, as a grandfathered use, if the building were
destroyed, it could not be rebuilt as a duplex; and
WHEREAS, Leigh Powell of 2223 Westover Avenue, Roanoke, daughter
and legal guardian of Patricia Hayes Powell, and Bill Powell, 638 Joan Circle, son
and co-conservator for Patricia Powell’s estate, appeared before Council to
explain the request for a Special Exception Permit to allow the property at 628 -
630 Kimball Avenue to be used for a two-family dwelling; Ms. Powell stated that
when her mother purchased the residence in 1989, the property was
grandfathered as a duplex; she stated that since that time, the neighborhood has
changed to where duplexes are no longer in the neighborhood; she stated that
the property has to be sold in order to pay for her mother’s nursing home care;
she stated that a contract to sell the property was drawn up and two days before
they were to close on the sale of the property, the loan would not go through
because of the zoning; the bank stated that in order to cover the loan for the
purchaser, the bank is requiring a special exception permit because if the house
were to burn, it could not be built back as a duplex; she further stated that the
property will not change in anyway, the special exception permit will allow her to
sell the property to the buyer; and
WHEREAS, Bill Powell stated that he believes his mother actually bought
the property in 1979, and it was grandfathered in 1973; and
WHEREAS, Councilwoman Garst stated that the property is well-
maintained and fits with the characteristics of the neighborhood; and
3
WHEREAS, Leigh Powell stated that she and her brother have done some
upgrades to the property in the last four years and have been very selective on
who they have rented the property to; and
WHEREAS, a discussion was held regarding the need for other properties
in the area to be rezoned, etc.
WHEREAS, no other person(s) appeared related to the amendment;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, 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 -- roll call vote: all – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider an ordinance rezoning the property of Timothy R. and
Susan C. Martin, property owners, located at 107 Preston Street (Tax Map #161-
4-4) from HBD Highway Business District to RSF Residential Single Family District;
and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the September 3 and 10, 2008, 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 10, 2008, recommends approval of the request; and
WHEREAS, staff reported the following: the subject property consists of
one 45-foot lot, and three 25-foot lots, located at the intersection of Union
Street and Preston Street; the parcel, which is approximately 13,800 square feet,
is currently occupied by a two story single family residence; it is currently zoned
ITEM 2
ORDINANCE
PASSED ON FIRST
READING
REZONING THE
PROPERTY
LOCATED AT 107
PRESTON STREET
(TAX MAP #161-4-
4) FROM HBD TO
RSF
4
HBD; this request is to rezone the property to RSF; the applicants state that they
would like to be able to rent the existing structure; they also state they would
like to be able to build additional houses or a duplex on the vacant lots; the
existing structure occupies three of the lots, the 45 foot one and the
southernmost two 25 foot lots (Lots 1-3); the only currently buildable lot is Lot 4,
which is 25 feet wide and 115 feet long; and this lot fronts on Union Street; and
WHEREAS, Timothy Martin of 1164 Middle Creek Road, Buchanan,
property owner, appeared before the Council and stated that he purchased the
property approximately four years ago; he stated that he remodeled the
property and has tried to rent the property commercially without any success;
he stated that he would like to rezone the property to residential in order to get
a tenant in order to pay the mortgage payments on the property; and
WHEREAS, Vice Mayor Givens questioned if the lot was big enough to
build another home on the property; and
WHEREAS, Mr. Martin stated that there are actually two 25-foot lots with
the property; and
WHEREAS, Vice Mayor Givens questioned if a 25-foot lot was big enough
to build on; and
WHEREAS, the City Attorney stated that if the property is grandfathered,
a 25-foot lot is allowable; and
WHEREAS, no other person(s) appeared related to the amendment;
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 26, ARTICLE II, SECTION 26-41(b) OF
THE CODE OF THE CITY OF SALEM, VIRGINIA, REGARDING PRECINCT I OR EAST
SALEM PRECINCT,” was hereby adopted with emergency provisions -- roll call
vote: all – aye.
5
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider sale of City of Salem real property designated as
Roanoke County Tax Map #054.04-01-10.00-0000 located at 4127 West Main
Street in the County of Roanoke; and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the September 17, 2008, issue of The Roanoke
Times, a newspaper having general circulation in the City of Salem; and
WHEREAS, Mayor Foley stated that the public hearing is solely on
whether the City should sell the property, not about its use or anything of that
nature; he stated that the City has not accepted any offers on the property; and
WHEREAS, Doug Chittum, Economic Director for Roanoke County,
appeared before the Council and stated that the County of Roanoke looks
forward to the property being developed into a productive type of use since
Salem is no longer using the property; he further stated that Mr. Boggess has a
clear understanding of how important the County believes the property is; he
stated that end of West Main Street needs a lot of work and the County will do a
corridor study from the Dixie Caverns area to the Salem City limits; he further
stated that the improvements that have been made on the Salem side of the
corridor will benefit both the City of Salem and Roanoke County; he stated that
Roanoke County plans to do its part to clean up the corridor; Mr. Chittum stated
that Roanoke County will work with any potential buyer(s) of the property (i.e.
rezoning the property) and thanked Salem for working with Roanoke County on
the sale of the property; and
WHEREAS, no other person(s) appeared related to the sale of the
property;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, City officials are hereby
authorized to market the property designated as Roanoke County Tax Map
ITEM 3
CITY OFFICIALS
AUTHORIZED TO
MARKET THE
PROPERTY
DESIGNATED AS
ROANOKE
COUNTY TAX MAP
#054.04-01-10.00-
000 LOCATED AT
4127 WEST MAIN
STREET IN THE
COUNTY OF
ROANOKE FOR
SALE
6
#054.04-01-10.00-000 located at 4127 West Main Street in the County of
Roanoke -- the roll call vote: all – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider sale of City of Salem real property designated as Tax
Map #127-4-1 located at 40 Dixie Drive in the City of Salem; and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the September 17, 2008, issue of The Roanoke
Times, a newspaper having general circulation in the City of Salem; and
WHEREAS, Councilwoman Garst stated that the City has its pole yard
located on the property and she questioned where the pole yard will need to be
relocated; and
WHEREAS, the City Manager stated that before the property can be sold
a new location for the pole yard will need to be determined; he further stated
that as the City begins to market the property, a plan will be put in place to
relocate the pole yard; and
WHEREAS, Councilwoman Garst stated that the property is zoned HBD,
which should accommodate a business; and
WHEREAS, no one appeared related to the sale of the property;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, City officials are hereby authorized to
market the property designated as Tax Map #127-4-1 located at 40 Dixie Drive in
the City of Salem -- the roll call vote: all – aye.
Mayor Foley requested that Council adopt Resolutions 1127 and 1128
required by VRS for adoption to maintain tax deferred status of buy-backs; and
WHEREAS, the Director of Finance appeared before the Council and
stated that the resolutions to be adopted have been requested by the Virginia
ITEM 5
RESOLUTIONS
1127 AND 1128
ADOPTED AS
REQUIRED BY VRS
TO MAINTAIN TAX
DEFERRED STATUS
OF BUY-BACKS
ITEM 4
CITY OFFICIALS
AUTHORIZED TO
MARKET THE
PROPERTY
DESIGNATED AS
TAX MAP #127-4-1
LOCATED AT 40
DIXIE DRIVE IN THE
CITY OF SALEM
7
Retirement System (VRS); he stated that many years ago back in the mid-1970s,
the City elected to pay the employees’ portion of their contribution to the
retirement system so that the City pays both the employer match and the
employee’s contribution; he stated that many communities throughout Virginia
have done the same thing; he further stated that in addition to that, many
communities have allowed their employees to buy back VRS time that they
might have had another employer different than the one they have right now,
but still is a VRS participant; he stated that by adopting the resolutions, it will
close a loop hole and by doing so will bring the VRS plan up to date tax -wise; he
stated that one resolution is for the employee contribution, and the other
resolution is for the employee buy-back to allow the contribution/buy-back to
continue to be on a tax-deferred preference; he further stated that VRS is asking
communities all across Virginia to adopt the resolutions to satisfy the IRS
requirements; he stated that the school division completed their portion at the
last school board meeting; and
WHEREAS, Councilman Jones questioned how many employees
participate in the buy-back option; and
WHEREAS, the Director of Finance stated that there are only
approximately five or six employees at any one time because employees have to
buy back their time at five percent rate of their current salary;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolutions 1127 and 1128
were hereby adopted as required by VRS to maintain tax deferred status of buy -
backs:
(HERE SET OUT RESOLUTIONS 1127 AND 1128)
-- the roll call vote: all – aye.
8
Mayor Foley requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Larry Cadd was hereby appointed to
the Blue Ridge Behavioral Healthcare as an at-large member of the Board to
replace Linda Bannister, said term will expire December 31, 2011 -- the roll call
vote: all – aye.
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR
GIVENS, AND DULY CARRIED, Norman Jackson Beamer, III, was hereby appointed
to the Board of Zoning Appeals as an alternate member to replace Loren H.
Walker, said term will expire October 12, 2013 -- the roll call vote: all – 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 Code of Virginia, 1950 as amended to date, for consultation by legal
counsel regarding specific legal matters requiring the provision of legal advice by
such counsel;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section
2.2-3711 A. of the Code of Virginia, 1950 as amended to date, Council convened
to Closed Session at 7:52 p.m. for the purpose of discussing the following specific
matters:
1. Consultation by legal counsel regarding specific legal matters
requiring the provision of legal advice by such counsel, which is
authorized by Section 2.2-3711 A (7) of the Code of Virginia, 1950 as
amended to date
-- the roll call vote: all - aye.
Upon reconvening at 8:06 p.m.;
ITEM 7
CLOSED SESSION
FOR
CONSULTATION BY
LEGAL COUNSEL
REGARDING
SPECIFIC LEGAL
MATTERS
REQUIRING THE
PROVISION OF
LEGAL ADVICE BY
SUCH COUNSEL
ITEM 6
LARRY CADD
APPOINTED TO
BLUE RIDGE
BEHAVIORAL
HEALTHCARE AS
AN AT-LARGE
MEMBER;
NORMAN
JACKSON BEAMER,
III, APPOINTED TO
BOARD OF
ZONING APPEALS
AS AN ALTERNATE
MEMBER
9
ON MOTION MADE BY VICE MAYOR 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
identified in the motion by which the Closed Session was convened were heard,
discussed, or considered by the Council -- the roll call vote: all - aye.
Mayor Foley requested that Council consider an amendment of the
Backbone Investments LLC deed pertaining to the “buy-back” provision of the
City of Salem deed;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the amendment and modification
of the deed resolved that either the Mayor or Vice Mayor is authorized and
directed to execute and deliver to Backbone Investments LLC an amendment and
modification of deed subsequently the form attached hereto providing the City
Attorney approves the instrument as to form -- the roll call vote: all - aye.
There being no further business to come before the Council, the same on
motion adjourned at 8:08 p.m.
ITEM 8
AMENDMENT OF
THE BACKBONE
INVESTMENTS LLC
DEED PERTAINING
TO THE “BUY-
BACK” PROVISION
OF THE CITY OF
SALEM DEED
APPROVED