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HomeMy WebLinkAbout4/28/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING April 28, 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 April 28, 2008, at 7:30 p.m., there being present all the members of said Council, to wit: Howard C. Packett, John C. Givens, Jane W. Johnson, John Christopher Clemens, and Byron R. Foley; with Howard C. Packett, Mayor, presiding; together with Kevin S. Boggess, City Manager; Krystal M. Coleman, Deputy 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; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of April 14, 2008, and the special meeting of April 25, 2008, were approved as written. The report by the Director of Finance of the City’s financial status for a nine-month period ending March 31, 2008, was received and ordered filed. The report by the City Manager of the City’s activities for the month of March 2008 was received and ordered filed. Mayor Packett stated that Councilman Clemens has been appointed to judgeship and will be leaving City Council. Mayor Packett asked the members of Council and the audience to applaud Councilman Clemens on his appointment. Mayor Packett stated that Councilman Clemens has done a great job on Council and will be missed. He further stated that Council is proud of Councilman Clemens and his accomplishments. Councilman Clemens stated that he is proud to have served on Council the last four years. He stated that he spoke with the Circuit Court Judges today, and that in accordance with judicial ethics, he cannot comment or participate in any of the proceedings of the Council meeting tonight. He stated that he would 2 like to be able to sit alongside Council at the meeting, even though he will not be able to fully participate. He further stated that it has been a true honor and privilege to serve the City of Salem and its citizens, and that he is proud to be able to serve in a different capacity, as a judge, starting next month. Councilman Clemens stated that he is also proud of the things Council has accomplished during his tenure, most recently the hiring of Kevin Boggess as city manager, the City’s new relationship with Virginia Western Community College, the new things coming to Salem, and of the services being provided to citizens. He stated that he formally withdrew his candidacy for Council this afternoon with the Electoral Board, and will soon officially resign from City Council. Councilman Clemens stated that he is excited about the future of the City of Salem; he stated that the candidates running for Council are strong candidates, and he encouraged the citizens to vote in the election on May 6. He further stated that he also is proud to have his three sons, his wife, and parents present at this meeting of Council. Vice Mayor Givens stated that it has been an honor to have served with Councilman Clemens the past four years. He stated that he is excited about Councilman Clemens’ appointment as judge; he stated that Councilman Clemens will be an asset to our judicial system, but it will also be a loss for Salem City Council. Councilman Foley and Councilwoman Johnson echoed Vice Mayor Givens’ sentiments. Mayor Packett requested that Council consider adopting Resolution 1113 commending and congratulating the Salem High School Forensics for winning the Group AA State Forensics Team Championship; and WHEREAS, the Deputy Clerk of Council read the resolution; and WHEREAS, Mayor Packett presented a copy of the resolution to Mark Ingerson, coach of the forensics team; ITEM S1 RESOLUTION 1113 ADOPTED COMMENDING THE SALEM HIGH SCHOOL FORENSICS TEAM FOR WINNING THE GROUP AA STATE FORENSICS TEAM CHAMPIONSHIP 3 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1113 was hereby adopted commending the Salem High School Forensics Team for winning the Group AA State Forensics Team Championship: (HERE SET OUT RESOLUTION 1113) -- roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. Mayor Packett requested that Council receive a presentation from Sarah W. (Sally) Southard, Chair of the City of Salem School Board, regarding the 2008 - 2009 City of Salem School Budget; and WHEREAS, Sarah W. (Sally) Southard, Chair of the City of Salem School Board, appeared before the Council and stated that the proposed 2009 fiscal year school budget was approved by the City of Salem School Board on March 25, 2008, and consists of the School Fund Budget in the amount of $43,067, 148 and the Cafeteria Fund Budget in the amount of $1,713,550 for a total budget of $44,780,698; she stated that the school fund budget reflects an increase of $2,080,170 or 5.1% over the current year’s budget; state revenue of $20.4 million is an increase of $1.6 million or 8.3% over the fiscal year 2008 budget due to rebenchmarking and a lower local composite index (.3518) for the new biennium; she further stated the Board is very grateful for local revenue, which will increase by $425,000 to $18,420,00, which is an increase of 2.2% over the original adopted budget for fiscal year 2008; she further stated that the Board tried to be mindful of the economy and is asking for less money this year than in years past; she stated that although there is no state funding specifically dedicated to teacher raises this year, the budget includes new, more competitive pay scales with average raises of 6.5% for teachers, 4.23% for classified staff, and 4.7% for administrators; she stated the Board is focusing on teacher raises this ITEM 1 PRESENTATION FROM SARAH W. (SALLY) SOUTHARD, CHAIR OF THE CITY OF SALEM SCHOOL BOARD, REGARDING THE 2008-2009 CITY OF SALEM SCHOOL BUDGET 4 year and will focus on classified staff and administrators next year in order to recruit and retain the best employees; she stated that due to funding constraints, the At-Risk 4-Year-Old Program was removed; one new bus will be bought from the operational budget; and the non-resident tuition was increased from $200 to $300 per child ($150 for non-resident City employees); Mrs. Southard stated that the Cafeteria fund of $1,713,550 is an increase of $95,825 or 5.9% from last year’s budget; she stated that student and adult lunch prices will increase by $0.10 due to higher food costs, unpredictable federal commodities, and higher personnel costs; she stated that school lunch prices have not increased in two years, and the school system will be able to maintain the current prices of milk and breakfast; Mrs. Southard asked that Council approve the balanced budget consisting of the school fund budget in the amount of $43,067,148 and the Cafeteria fund budget in the amount of $1,713,500 for a total budget of $44,780,698; she stated that she, Dr. Seibert, and Mr. Crew were available to answer any questions from Council; and WHEREAS, Vice Mayor Givens questioned if a $0.10 increase in lunch prices was going to be enough to offset the food costs associated with school lunches; and WHEREAS, Mrs. Southard stated that there is no way to tell for certain, but the Board hopes it will be sufficient; and WHEREAS, Dr. H. Alan Seibert, Superintendent of Schools, appeared before the Council and stated that fuel costs are impacting food costs; the federal commodities received have declined, which means the school system has had to purchase more food from private suppliers at a higher cost than in previous years; he stated that he feels the budget presented is a balanced budget; and WHEREAS, Mayor Packett stated that removing the program for At-Risk 4-Year-Olds was not an easy decision; and 5 WHEREAS, Dr. Seibert stated that he realizes that the program addresses a need in the community; he stated that the school system is working on partnerships with other agencies to address the needs; and WHEREAS, Mayor Packett thanked the School Board and Administration for all their hard work; he stated that the City of Salem is fortunate to have the members currently serving on the School Board; THEREUPON, said presentation was received. Mayor Packett reported that this date, and time had been set for a public hearing to consider the request of A. E. Elliott Properties, property owner, for rezoning the property located at 904 Apperson Drive (Tax Map # 248 – 7 – 1) from RSF Residential Single Family District to RB Residential Business District with proffered condition; and WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held on April 16, 2008, recommended approval of said rezoning with a voluntarily proffered condition; and WHEREAS, staff noted the following: the subject property consists of one parcel located at the intersection of Apperson Drive and Orchard Drive; the parcel is currently occupied by a mid-size single family residence and is approximately one acre; it is currently zoned RSF; this request is to rezone the property to RB. The applicant states that he would like to use the dwelling for office space, but he would also consider other uses allowed under the zoning, if unable to secure office tenants; the petitioner has voluntarily proffered that the existing dwelling will remain on the property. One issue related to this request is ITEM 2 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY OF AE ELLIOTT PROPERTIES LOCATED AT 904 APPERSON DRIVE (T/M 248-7-1) FROM RSF TO RB 6 the property is located entirely within the 100 year flood zone; another issue is that this portion of Apperson Drive has existing traffic problems, especially at the intersection of Orchard Drive where traffic from the proposed development would ingress and egress; and WHEREAS, Ed Elliott of A E Elliott Properties LLC, property owner, Salem, appeared before the Council to explain the request; he noted that the proposed zoning is consistent with similar property that has been converted along Apperson Drive; he stated that he would use the existing structure consistent with the residential business district zoning; he further stated that utilizing the existing structure will minimize any impact or any concerns regarding traffic or water at the location; he stated that he would work with the planning department and appropriate city officials to properly place any parking facilities and the entrance to the property off of Apperson Drive in accordance with what City officials deem best for the location; and WHEREAS, Vice Mayor Givens questioned if Mr. Elliott would be willing to proffer that he would not develop the lot located behind the property, that the front yard would not be paved for parking, and that the entrance onto the property would be located on Orchard Drive; and WHEREAS, Mr. Elliott stated that he is not willing to make any other proffered conditions other than the one he has already proffered: that he would use the existing structure on the property; he stated that the lot behind the property he is requesting to be rezoned is curr ently zoned residential single family; he further stated that his intent at this time is to either sell the lot or build a single family structure on the lot; he stated that he is willing to work with city officials on the entrance to the property; he stat ed that he wants the entrance to be located on the property where it will minimize traffic impact; he further stated that he intends to utilize the building as office space opposed to retail space so that there is not constant traffic coming and going from the 7 property; he stated that he does not have a tenant at this time; and WHEREAS, Councilman Foley questioned if Mr. Elliott had a business in mind, and if so, does he have an estimate of the number of parking spaces needed; and WHEREAS, Mr. Elliott stated that he does not know at this time; he stated that he has not gotten to that point yet; he wanted to make sure the rezoning request was approved before he began to actively seek a tenant; he further stated that he has had some conversations with some pro fessional service firms, which he feels would be a good “fit”; he stated that the building is not very large; therefore, it will be limited as to what type of business can feasibly be located in the structure; and WHEREAS, Councilman Foley questioned if it would be possible to determine how paving the front of the structure for parking would impact the storm water run-off; and WHEREAS, the Assistant City Engineer stated that until a site plan is submitted, there is not a way to determine if it would be feasible to place the parking lot in the front of the structure; he stated that the size of the parking lot would determine what type of runoff facilities would be needed on the site; and WHEREAS, Vice Mayor Givens stated that he would like for the existing structure to remain untouched on the outside; he stated that he does not want the parking lot to be in the front of the structure, if possible; he further stated that he would like for the entrance to be located on Orchard Drive; and WHEREAS, Councilman Foley and Councilwoman Johnson agreed with Vice Mayor Givens; and WHEREAS, no other person(s) appeared related to said request; 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 8 CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” was duly passed on first reading -- the roll call vote: Byron R. Foley – nay, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. NOTE: Due to an equipment malfunction, the following item was prepared to the best of the ability of staff members present without the benefit of a taped recording. Mayor Packett reported that this date, and time had been set for a public hearing to consider the request of Stephen D. Blankenship, property owner, and Henmark Inc., contract purchaser, for rezoning the property located at 209 Ross Street (Tax map #248-7-1) from LM Light Manufacturing District to RSF Residential Single Family District; and WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held on April 16, 2008, recommended approval of said rezoning; and WHEREAS, staff noted the following: the subject property consists of one parcel located on Ross Street, directly east of Masons Creek; the property is mostly vacant except for a small garage, which was formerly operated as an automobile repair shop; the property is currently zoned LM and is approximately 1.29 acres; this request is to rezone the property from LM to RMF to allow the construction of twelve townhomes; the units will be arranged in two blocks of six with an entrance on Ross Street in the center; parking will be in the rear of the ITEM 3 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY OF STEPHEN D. BLANKENSHIP, PROPERTY OWNER, AND HENMARK, INC., CONTRACT PURCHASER, LOCATED AT 209 ROSS STREET (T/M 76-3-1) FROM LM TO RMF 9 property; the submitted plan requires the closing of a portion of an unopened section of Lenox Avenue on the north side of the property; this will require a separate action of City Council; the eastern portion of this property is located in the floodway and most of the remaining portion is located within the 100 year and 500 year flood zones; the petitioner has indicated that the proposed townhomes will be sold separately; if the rezoning request is approved, the petitioner must appear before the Planning Commission for subdivision approval; and the proposed development will require site plan approval by staff; and WHEREAS, Ben Crew of Balzer and Associates, 1208 Corporate Circle, Roanoke, representing the contract purchaser, appeared before the Council explaining the request to rezone this property; he noted the request is to rezone approximately 1.29 acres from light manufacturing to residential multi-family in order to construct 12 townhomes; he stated that the existing site is bordered by the right of way of Lenox Avenue to the north, Ross Street to the east, Young Street to the south, and Masons Creek to the west; the site was previously utilized as an automobile repair shop, there is an existing building on the site, and existing ingress and egress from Ross Street; the current light manufacturing zoning will allow a variety of businesses including automobile services, construction yard, custom manufacturing; and general offices; he noted the requested zoning will allow for a smoother transition from the manufacturing businesses located across Masons Creek and better integrate the parcel into the surrounding residential neighborhood; the proposed development provides a use that is consistent with the future land use map designation as a residential use for this parcel; he further noted the development would be accessed from Ross Street, and the parking would be located in the rear of the townhomes; the proposed units would be two-story, two-bedroom units with approximately 1,100 square feet each; the units would be constructed with off -setting front 10 facades to increase the architectural character of the homes; the first story would be constructed of brick and the second story would be constructed of siding material; the units will be sold individually and decorative landscaping will be provided along Ross Street and in the proposed parking area; additional open space will be provided in the rear of the site adjacent to Masons Creek with a majority of the vegetation in this area remaining in place; they feel that the combination of the proposed residential use, architectural character of the proposed townhomes, and landscaping and open space for the residents creates a more compatible site with the residential setting of the existing neighborhood; he noted that he was available for questions and that Mark Henrickson of Henmark Inc. was also in attendance and could answer questions; and WHEREAS, Vice Mayor Givens questioned the type of siding that will be used on the homes; and WHEREAS, Mr. Crew stated that vinyl siding would be used; and WHEREAS, Tonya Levis, 106 Lakehurst Avenue, appeared before the Council and stated that she got a petition signed by over 18 people, most of whom were not aware of the rezoning request or the proposed development of the property; she stated that the property floods every time the water floods around Ross Street; she further stated that the property borders a ditch that runs up to Lakehurst Avenue; she stated there are several properties below the ditch that could be affected when it floods, which could result in damaged homes, loss in property value, more cost to the government for FEMA payments, and loss to insurance companies; Mrs. Levis stated that if the developer “lifts” the property in order to build the proposed townhomes, it will cause heavier flooding to the surrounding homes; she stated that City officials may not think the proposed development will cause additional flooding in the area, but in theory the Titanic wasn’t supposed to sink either; she stated that she is not opposed to the development of the property, but does not want the property to 11 be “lifted” more than a foot; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, 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 ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” was duly passed on first reading -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. NOTE: Due to an equipment malfunction, the following w as prepared to the best of the ability of staff members present without the benefit of a taped recording. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of James W. and Joan B. Ferguson, Trustees and Et. Al., property owners, for rezoning the property located at 229 Wilson Street (Tax map #143-1-13) from RSF Residential Single Family District to HBD Highway Business District; and WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held on April 16, 2008, recommended denial of said rezoning; and WHEREAS, it was noted that the property owners have also requested ITEM 4 REQUEST OF JAMES W. & JOAN B. FERGUSON, TRUSTEES AND ET. AL., PROPERTY OWNERS, FOR REZONING THE PROPERTY LOCATED AT 229 WILSON STREET FROM RSF TO HBD DENIED 12 the issuance of a Special Exception Permit to allow a used car sales lot for three parcels located in the 200 block of Wilson Street and the 600 block of West Fourth Street (Tax Map #’s 143-1-11, 12, & 13); it was further noted that the discussions held will address the rezoning request, as well as the special exception permit request; and WHEREAS, staff noted the following: the subject property consists of three parcels located on Wilson Street at the intersection with Fourth Street; the property is currently zoned RSF and HBD; it is approximately .72 acre and is currently vacant; the first request is to rezone the northern most lot (Tax Map #143-1-13) from RSF to HBD in order to combine the three parcels; the second request is for a Special Exception Permit to allow a used car dealership; the applicants state that they plan to have a small office and garage on the property; they also state they will not perform any “major work” on vehicles at the site; according to Sec. 106-310.3 Use and Design Standards for Automobile Dealerships, Used: “Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by Section 106-404 of this chapter”; since currently there is no paved lot, the applicants will be required to install one prior to displaying vehicles for sale; the applicants will be required to submit a site plan to the city for review prior to any development occurring on the site; and the applicants may also be required to install storm water management on the site; and WHEREAS, Kevin Ferguson, property owner, appeared before the Council to explain the request; he stated they would like the property rezoned so that it can be combined with two other lots currently zoned HBD Highway Business District in order to have one large parcel; he stated they would like to use the parcel for a used car sales lot; he believes what they are proposing will greatly improve the existing use of the property; he noted that the previous owner has allowed junk autos and a little bit of everything to accumulate on the property; 13 there is some existing residue such as asphalt under the existing grass, and they intend to remove this and make the lot more usable and attractive than it is at the present time; he further stated that they plan to have a barrier of eight feet between the property and the adjoining residential lot consisting of tall trees, shrubs, and grass so the neighbors will not be disturbed, which is required by Salem ordinances; NOTE: the equipment malfunction was resolved at this point; therefore the following was prepared with the help of a taped recording. Mr. Ferguson stated that a site plan will be submitted to make sure that any improvements to the property will not affect the adjoining property owners; he stated that they will not perform major repair work on the vehicles to be sold; he stated that the garage that they plan to build will be used for small cosmetic repairs such as replacing windshield wipers, or for detailing the vehicles; he further stated that since major repair work will not be performed on the vehicles, there will not be junk cars, car parts, etc. sitting on the lot; he stated that if any major repair work needs to be performed, it will be performed at a professional garage off-site; he stated that customers will be instructed to test drive the vehicles on the major streets in Salem and not go into the adjoining neighborhoods; he noted that it was mentioned that a gas station used to be located on Lots 14, 15, & 16 at one time and it was suggested that the gas tanks might still be underground; he stated that a study has been performed that finds no evidence of gas tanks in the ground on Lots 14, 15, 16, 17, and 18; Mr. Ferguson believes that the proposal for a used car sales lot on the property would make the least amount of impact on the neighborhood and would “fit” as there are several used car dealerships already located on Fourth Street; he stated that they have no affiliation with any of the other used car dealerships and intend to create a car lot unlike any of the other dealerships in order to generate new business; he stated that his family already owns property on 14 Fourth Street and have not had any complaints from the surrounding neighborhood; Mr. Ferguson stated that all City ordinances will be followed and that the lot will be landscaped to enhance its quality and aesthetic beauty; he presented Council with photographs of the property; and WHEREAS, Zenda Collins, 238 Wilson Street, appeared before the Council; she stated that she lives directly across from the property; she stated that there is already a car lot located beside her property that is not attractive; she stated that the property owner stated at the Planning Commission meeting that the building would be 250 square feet, but at this meeting he stated that it would be 600 square feet; she stated that there is no such thing as a beautiful used car sales lot; she stated that there a lot of children and elderly people that live on Wilson Street; she further noted that people use Wilson Street to test drive vehicles from the car lot located next to her property and feels that customers of the proposed car lot will do the same; she stated that if the request is granted, she would also like a barrier on the property so that she will not be able to see the business; she stated that she would like for the property to only have access from Fourth Street; she stated that no one in the neighborhood wants a used car lot on the property; she stated that the City took away the park that used to be located at the end of the street; and WHEREAS, Council stated that the City did not own the property, it was a privately-owned park; and WHEREAS, Ms. Collins stated that she did not know that; she stated that she would like for the property owners to take the car lot to Bent Mountain and put it in their own front yard; she stated that she is concerned about the lighting that is associated with a car lot; she stated that she is not happy with the proposed development and she does not want it there; and WHEREAS, Roy Lee Fralin, Power of Attorney for Mary Fralin, 222 Wilson Street, appeared before the Council and stated that most of the people that live 15 on Wilson Street moved to Salem to live in a nice community; he stated that if a used car lot was allowed on the property, it would add to the trouble the neighborhood and the City already has with the car lot that is located across from the property; he gave Council pictures of the car lot located across from the property that shows the mess associated with the lot, as well as pictures of the property for the proposed used car lot; he stated that the property owners have cleaned up the lot recently, but that the pictures show what the residents have been looking at for the past several years; he stated that most of the residents on Wilson Street chose Wilson Street because it is a quiet neighborhood to live in and most cannot afford to move somewhere else; he stated that a used car lot is not the best way to utilize the property; he stated that the residents are asking City Council to listen to the residents’ concerns and help preserve their neighborhood; and WHEREAS, Richard Willett, 223 Wilson Street, appeared before the Council and stated that a petition and a three-page document from the residents of Wilson Street were brought in for Council to review that outlined the residents’ concerns; he stated that the residents meant every word contained in the documents; he further stated that a car lot will not work on the property because of the strong residential area located behind the property; he stated that he is not opposed to development of the site, but that this is a premium site and a used car lot is not the best use of the property; he stated that an eight - foot buffer is not enough between a used car lot and residential property; he stated there will be noise, dust, etc. associated with a used car lot and he does not want another used car lot in the neighborhood; Mr. Willett stated that he travels quite a bit and last fall at approximately 1 a.m. or 2 a.m. there was a tractor trailer parked in the middle of West Fourth Street; he stated that he stopped and asked the driver if he needed help; the driver stated that he was ahead of schedule and wanted to stop and look at used cars; Mr. Willett stated 16 that the tractor trailer driver was not doing anything wrong, he was just doing what people do when there is a used car lot; he thanked Council for listening to his concerns; and WHEREAS, Mary Holt, 219 Wilson Street, appeared before the Council and stated that she has lived on Wilson Street for 28 years; she stated that her main concern is the entrance to the property; she stated that she is not opposed to a used car lot being placed on the property, but Wilson Street is a narrow street and she feels the entrance to the property needs to be on Fourth Street; she stated that she is concerned with the traffic, noise, and congestion associated with the proposed development; and WHEREAS, Mr. Ferguson reappeared before Council to address some of the issues discussed; he stated that there is not an entrance on the property located at 229 Wilson Street; he stated that the existing entrances to the property are located on Fourth Street and would be utilized; and WHEREAS, Councilman Foley questioned if a site plan had been done on the property indicating what type of water management facility would be needed; and WHEREAS, Mr. Ferguson stated that a site plan has not been completed as of this date; he stated that they would follow the City ordinances related to storm water management; and WHEREAS, Councilman Foley questioned if they had other options in mind if the property could not be utilized as a used car sales lot; and WHEREAS, Mr. Ferguson stated that there are other options the property could be used for that would not need to come before Council; he stated that the residents are complaining about the car lot across from the property and he feels that is unfair; he further stated that they could build a garage on the property and would not need a special use permit in order to do so; he stated that he doesn’t feel the neighbors have legitimate complaints about what they 17 are proposing for the property; he stated that they do not want to cause problems for the residents and they will follow all requirements necessary to the development of the property; and WHEREAS, Mayor Packett noted that it was mentioned that they might sell trailers on the lot and questioned what type of trailers they plan to sell; and WHEREAS, Mr. Ferguson stated that it would be enclosed utility trailers; and WHEREAS, Councilman Foley questioned if they would still be able to conduct a business on the property if Lot 18 was not rezoned; and WHEREAS, Mr. Ferguson stated that the business could be located on the parcel without Lot 18, but it would restrict the size of the building to be constructed on the lot; he reiterated that they do not want to disturb the residents and want to improve the appearance of the lot; and WHEREAS, Vice Mayor Givens questioned the maximum number of cars that would be for sale on the lot; and WHEREAS, Mr. Ferguson estimated approximately 15 vehicles on the lot at one time; and WHEREAS, Councilwoman Johnson questioned if Mr. Ferguson would be able to proffer landscaping along the edge of the property along Wilson Street if Lot 18 was not approved for rezoning; and WHEREAS, Mr. Ferguson stated that without Lot 18, the lot size would be restricted; he stated that he would not proffer that condition; he further stated that it is hard to say at this time whether there would be enough room to develop the property the way they would like for it to be developed; and WHEREAS, Roy Lee Fralin reappeared before Council and stated that he and his mother have lived on Wilson over 50 years and to their knowledge, the tanks have not been exhumed; and 18 WHEREAS, Mayor Packett stated that there are regulations the property owners will need to follow, etc.; and WHEREAS, Zenda Collins reappeared before Council and questioned what type of landscaping will be placed on the property; and WHEREAS, Mayor Packett stated that the property owners would have to follow the City’s landscaping ordinance; and WHEREAS, no person(s) appeared related to this request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of James W. and Joan B. Ferguson, Trustees and Et. Al., property owners, for rezoning the property located at 229 Wilson Street (Tax Map #143 -1-13) from RSF Residential Single Family District to HBD Highway Business District was hereby denied -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of James W. and Joan B. Ferguson, Trustees and Et. Al., property owners, for the issuance of a Special Exception Permit to allow a used car sales lot for three parcels located in the 200 block of Wilson Street and 600 block of West Fourth Street (Tax Map #’s 143 -1-11, 12, & 13); and WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held on April 16, 2008, recommended approval of the request for two parcels; ITEM 5 SPECIAL EXCEPTION PERMIT TO ALLOW A USED CAR SALES LOT FOR THREE PARCELS LOCATED IN THE 20O BLOCK OF WILSON STREET AND 600 BLOCK OF WEST FOURTH STREET (TAX MAP #’S 143-1-11, 12, & 13) DENIED 19 ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, a Special Exception Permit to allow a used car sales lot on the property located in the 200 block of Wilson Street and the 600 block of West Fourth Street (Tax Map #’s 143-1-11, 12, & 13) was hereby denied -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. Mayor Packett reported that this date, and time had been set to hold a public hearing to consider revocation of a Zoning and Use Permit issued April 2001 and amended January 2003 to Sara S. Orrick for a dog kennel on the property located at 1542 Epperly Lane (Tax Map #13-1-8); and WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held on April 16, 2008, recommended approval of the revocation of said permit; and WHEREAS, staff noted the following: the subject property consists of one parcel located off Epperly Lane between Kesler Mill Road and Russell Drive; the property is currently zoned RSF and is occupied by a single family residence; this request is for the revocation of the Zoning & Use Permit (now Special Exception Permit) that was granted in April 2001 and amended January 2003 allowing the owner to operate a dog kennel; the maximum number of animals allowed by the amended permit is 20 dogs; over the past couple of years, several complaints about the property were filed with the Zoning Administrator; after each complaint, the property was inspected and found to be in violation of the terms of the use permit; the owner was warned after each inspection and informed ITEM 6 REVOCATION OF ZONING AND USE PERMIT ISSUED APRIL 2001 AND AMENDED JANUARY 2003 TO SARA S. ORRICK FOR A DOG KENNEL ON THE PROPERTY LOCATED AT 1542 EPPERLY LANE (T/M 13-1-8) 20 that if the situation was not rectified, her permit to operate the dog kennel would be revoked; in August 2007, an inspection found that the owner was in possession of 51 dogs, more than twice the allowed number, in violation of the conditions of the permit; the Zoning Administrator notified the owner of this violation, and the violation of the terms of her Home Occupation Permit, on August 20, 2007; the owner then removed the dogs and notified the city she would discontinue operation of the kennel; a formal action is required by the Planning Commission and City Council to revoke the Zoning & Use Permit; and without such action, the property owner could at a later date request to reopen the dog kennel bypassing approval by the city; and WHEREAS, the City Attorney noted that this is actually a legal “clean up” matter; the Zoning and Use Permit was granted to Ms. Orrick and she has given up any ownership of the dog kennel and has stated so in writing; he stated that City Council has to officially revoke the Zoning and Use Permit since Council was the body that granted it to begin with; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the revocation of a Zoning and Use Permit issued April 2001 and amended January 2003 to Sara S. Orrick for a dog kennel on the property located at 1542 Epperly Lane (Tax Map #13 -1-8) was hereby approved -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to receive views of citizens and candidates regarding an appointment to the Salem School Board to fill the unexpired term of James L. Chisom; and ITEM 7 PUBLIC HEARING TO RECEIVE VIEWS OF CITIZENS AND CANDIDATES REGARDING AN APPOINTMENT TO THE SALEM SCHOOL BOARD TO FILL THE UNEXPIRED TERM OF JAMES L. CHISOM 21 WHEREAS, the Deputy Clerk of Council reported that notice of such public hearing had been published in the April 10 and 17, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, it was noted that an appointment will be made at the May 12, 2008, City Council meeting; and WHEREAS, Ralph W. “Butch” Johnson appeared before the Council on behalf of Jim Guynn, who would like to be considered to fill the unexpired term of James L. Chisom on the Salem School Board; Mr. Johnson stated that Mr. Guynn graduated from William Fleming High School in 1975, and then graduated from Washington & Lee University in 1979; he stated Mr. Guynn graduated from the University of Virginia Law School in 1982; he further stated that Mr. Guynn has been married for 24 years, a resident of Salem for 21 years, and has two daughters who are graduates of Salem High School; Mr. Johnson stated that Mr. Guynn practices law with the firm Guynn, Memmer, and Dillon located on College Avenue; he stated that the law firm represents local governments and school boards from Lee County to Olive White and many governments in between; Mr. Johnson went on to discuss Mr. Guynn’s professional background and strongly recommended that Council consider Mr. Guynn for the appointment to the Salem School Board; and WHEREAS, David Preston, 1511 Ashley Drive, appeared before the Council to discuss a few reasons he feels he would be a good candidate for the Salem School Board; he stated that he has been a resident of Salem all but three years of his life; he stated that his son is a fourth grader at South Salem Elementary School; he stated that Salem has an awesome school system and he wants Salem to continue to be the best school system; he stated that he feels the biggest reason he feels he would be an asset to the school board is his business experience with budgets, building, employees, etc.; he stated that his 22 experience with food costs would also be an asset; he further stated that if he was appointed to the school board, he would like to continue to emphasize making sure students are well-equipped to manage their lives, whether or not they go to college, by making sure they know how to manage checking accounts, loans, investments, etc.; he thanked Council for its consideration; and WHEREAS, David C. Wells, 2008 Millstream Drive, appeared before the Council; he thanked Council for the opportunity to appear before them; he thanked Mr. Chisom for his dedication and service to the Salem School Board; he stated that this is his third time before Council requesting to be appointed to the Salem School Board, and he will be back a fourth time if necessary; he further stated that he is committed to the children of Salem; Mr. Wells stated he wants to serve on the school board for several reasons: he wants to make sure Salem continues to put children first, he wants the excellence in education and leadership in the schools to continue, he wants to be able to take the school system to the next level, to make sure Salem remains one of the top school systems, and to make sure there is a “voice” on the school board for people with children still in the school system; he commended Council for celebrating the academic success of the students, as well as their sporting achievements; he discussed the strengths he would bring to the School Board; he stated that if he is appointed to the school board, he will listen to the other members of the board, as well as the parents and children in the schools; he stated that he would work diligently for the good of the children of Salem; and WHEREAS, Gregg A. Lewis, 935 West Point Road, appeared before the Council; he stated that as great as the school system is in Salem, we need to keep an eye on the future; he stated that the challenges we will have to face in the future are not going to get easier as our children and grandchildren grow; he thanked Council for the opportunity to submit his qualifications for the Salem School Board; and 23 WHEREAS, Michelle C. Darby, 1913 Millstream Drive, appeared before the Council; she stated that she may be an unlikely candidate for the school board because her daughter will start school in the fall; she stated that she is a mother that believes in being involved; she stated that she feels that it is a parent’s duty and responsibility to give back in order to enjoy what everyone loves about Salem and in order to preserve Salem and make it better; she stated that she feels her professional background makes her a candidate for appointment to the school board; she stated that she is a graduate of Salem High School and Roanoke College; she stated that she would like an opportunity to give back to the community; and WHEREAS, Susan Tate, 1403 Waldheim Road, appeared before the Council and read a quote from Leo Rostin; she stated that she and her husband have had a child in the Salem school system for the past 22 consecutive years and will continue for the another three years; she stated that she has attended approximately 34 Back to School nights and will consider the next three years a “farewell tour”; she stated that she has volunteered in the school system in almost every way imaginable over the past 22 years because she loves working with the students, teachers, administrators, and parents; she stated that her family has a strong commitment to the young people in the community; she further stated that she has done her best to make a difference and would like to be a member of the Salem School Board in order to work with the current members, as well as Dr. Seibert; she thanked Council for the opportunity to speak; and WHEREAS, Michael Chiglinsky, 2722 Titleist Drive, appeared before the Council to offer his name for consideration for the appointment to the Salem School Board; he stated that he has lived in Salem for approximately 13 years, and has worked as a clinical psychologist over an extended time period with the schools in Salem, as well as other school systems in the Roanoke Valley; he 24 discussed his professional background; he stated that he has served as the treasurer for the Salem Band Boosters for many years and has had the opportunity to work collaboratively with the City of Salem Schools to coordinate and develop a collaborative approach to the sharing of financial resources, which can be given back to the students and their families while also nurturing a musical interest; he further stated that the current members of the Salem School Board have done a remarkable job in helping the children of Salem remain the primary focus of any and all decisions; he stated that the community is also faced with difficult issues; Mr. Chiglinsky went on to discuss the issues facing the community; he pledged to Council his commitment to serve the Salem community as a honorable person and as a humble person; and WHEREAS, Mayor Packett stated it will be a difficult decision to choose from the candidates, because they are all great candidates and will serve Salem well; and WHEREAS, Councilman Foley commended the candidates for asking to be appointed to the Salem School Board; and WHEREAS, no other person(s) appeared related to the appointment; THEREUPON, said public hearing was closed. Mayor Packett reported that Council at its regular meeting held on April 14, 2008, adopted Resolution 1110 appointing viewers in con nection with the petition of Henmark, Inc. to permanently vacate Lenox Avenue Right of Way between Ross Street and the termination point at Masons Creek; and WHEREAS, Mayor Packett reported that the viewers have met, submitted the following report, and they are unanimous in their opinion that no inconvenience would result to anyone from discontinuing and vacating the Lenox Avenue Right of Way between Ross Street and the termination point at Mason Creek: ITEM 8 REPORT OF VIEWERS RECEIVED AND ORDINANCE PASSED ON FIRST READING PERMANENTLY VACATING LENOX AVENUE RIGHT OF WAY BETWEEN ROSS STREET AND THE TERMINATION POINT AT MASONS CREEK 25 (HERE SET OUT REPORT OF VIEWERS) ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15.2-2006 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING LENOX AVENUE RIGHT OF WAY BETWEEN ROSS STREET AND THE TERMINATION POINT AT MASONs CREEK IN THE CITY OF SALEM, VIRGINIA,” was duly passed on first reading -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packet reported that Council at its regular meeting held on April 14, 2008, passed an ordinance on first reading permanently vacating the alley running between Lots 1 and 17, Section 28, Salem Development Company, 102 to 120 Bowman Avenue; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the following ordinance was duly passed and adopted on second reading: (HERE SET OUT ORDINANCE PERMANENTLY VACATING THE ALLEY RUNNING BETWEEN LOTS 1 AND 17, SECTION 28, SALEM DEVELOPMENT COMPANY, 102 TO 120 BOWMAN AVENUE) -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packett requested that Council consider adopting Resolution 1111 to concur with the Western Virginia Regional Jail Authority to participate in the Virginia Retirement System (VRS), and offer the increased retirement multiplier for law enforcement employees; and ITEM 9 ORDINANCE ADOPTED PERMANENTLY VACATING THE ALLEY RUNNING BETWEEN LOTS 1 AND 17, SECTION 28, SALEM DEVELOPMENT COMPANY, 102 TO 120 BOWMAN AVENUE ITEM 10 RESOLUTION 1111 ADOPTED TO CONCUR WITH THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY TO PARTICIPATE IN THE VIRGINIA RETIREMENT SYSTEM (VRS) AND OFFER THE INCREASED MULTIPLIER FOR LAW ENFORCEMENT EMPLOYEES 26 WHEREAS, the Director of Finance stated that the Western Virginia Regional Jail Authority will come into operation soon in the sense that it will begin hiring employees with a tentative start date of March 2009; he stated that the Jail is in the process of putting together a benefits package; he further stated that most sheriff departments and jails across the Commonwealth are members of the Virginia Retirement System; he stated that the purpose of the resolution is to authorize the participation in the VRS as a benefit for the law enforcement personnel, and to authorize the multiplier that would apply to the personnel; he further stated that the Authority is asking that Salem concur to authorize this benefit; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the following ordinance was duly passed and adopted on second reading: (HERE SET OUT RESOLUTION 1111) -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packett requested that Council consider adopting Resolution 1112 to offer the increased multiplier to LEOs employees of the City of Salem; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that at the City’s Management Retreat last fall, one of the subjects discussed was the enhanced multiplier for Salem’s LEOs participants; legislation enacted by the 2007 General Assembly (Senate Bill 1166) made several changes to retirement benefits for state police officers, sheriffs, and local public safety officers; he stated that the Director of Finance would discuss the item in further detail; and WHEREAS, the Director of Finance stated that Senate Bill 1166 authorizes local governments, at its option and expense, to offer the enhanced multiplier ITEM 11 RESOLUTION 1112 ADOPTED TO OFFER THE INCREASED MULTIPLIER TO LEOS EMPLOYEES OF THE CITY OF SALEM 27 benefit to all sheriff deputies, law enforcement officers, and firefighters who have previously come under the LEOs benefit; he stated that the City has adopted resolutions previously authorizing this participation; he further stated that Resolution 1112 authorizes the advanced multiplier, which has an estimated initial cost of $104,000 per year and will be something the City will participate in from now on; he stated that once the City approves the enhan ced multiplier, it cannot back out at a later date; he stated that it will become a permanent benefit to the LEOS employees; he further stated that the benefit was originally offered by the state to state police officers, then it was offered to the elected sheriffs; and then it was made optional for localities to offer to its additional law enforcement and public safety personnel; he further stated that the surrounding localities have either adopted the enhanced multiplier or are in the process of adopting it, except for Botetourt County; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, Resolution 1112 was hereby adopted authorizing the City’s participation in the Virginia Juvenile Community Crime Control Act: (HERE SET OUT RESOLUTION 1108) -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Village at North Mill, Phase I, project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Village at North Mill, Phase I, and recommend setting the bond at $425,000 with a time limit of ITEM 12 CONTRACT APPROVED WITH G & H CONTRACTING, INC., FOR THE KIWANIS FIELD RESTROOM FACILITIES CONSTRUCTION IN THE AMOUNT OF $199,954 28 twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Village at North Mill, Phase I, was hereby set at $425,000 with a time limit of twelve (12) months for completion -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packett requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Chester G. “Pat” Counts was hereby reappointed to the Salem Transportation Safety Commission for a four- year term, said term will expire May 22, 2012; and Melinda J. Payne was hereby reappointed to the Roanoke Valley Area Metropolitan Planning Organization (MPO) for a three-year term, said term will expire June 30, 2011 -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. There being no further business to come before the Council, the same on motion adjourned at 9:14 p.m. ITEM 13 CHESTER G. “PAT” COUNTS REAPPOINTED TO SALEM TRANSPORTATION SAFETY COMMISSION; AND MELINDA J. PAYNE REAPPOINTED TO THE ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION (MPO)