HomeMy WebLinkAbout3/24/2008 - City Council - Minutes - Regular March 24, 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 March 24, 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; Angela
Sellers, Assistant Director of Finance; Melinda J. Payne, Director of Planning and
Economic Development; Charles E. Van Allman, Jr., City Engineer; and Stephen
M. Yost, City Attorney; and the following business was transacted:
The minutes of the regular meeting of March 10, 2008, were approved as
written.
The report by the Director of Finance of the City’s financial status for a
eight-month period ending February 29, 2008, was received and ordered filed.
The report by the City Manager of the City’s activities for the month of
February 2008 was received and ordered filed.
Mayor Packett requested that Council consider adopting Resolution 1106
commending and congratulating the United States Army Reserve on the occasion
of its 100th anniversary; and
WHEREAS, the Deputy Clerk of Council read the resolution; and
WHEREAS, Mayor Packett stated that the following representatives from
the United States Army Reserve were present at the meeting: Michael F.
Kavanaugh, U. S. Army Reserve Ambassador; Major General James Archer,
Commanding General 95th Division; and Sergeant First Class Patrick Walters,
Station Commander for the Roanoke Recruiting Station; and
WHEREAS, Mayor Packett presented a copy of the resolution to Mr.
Kavanaugh;
ITEM 1
RESOLUTION 1106
ADOPTED
COMMENDING
AND
CONGRATULAT-
ING THE US ARMY
RESERVE ON ITS
100TH
ANNIVERSARY
2
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1106 was hereby
adopted commending the United States Army Reserve on the occasion of its
100th Anniversary:
(HERE SET OUT RESOLUTION 1106)
-- roll call vote: all – aye.
Mayor Packett reported that this date, place, and time had been set for a
public hearing to consider the request of Jerry Barnes and Associates, Inc., for
the adoption of an agreement authorizing the relocation of portions of boundary
lines between the City of Salem Tax Map #’s 31-2-1.1 and 31-2-1 and Roanoke
County Tax Map #46.07-1-2; and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the March 14 and 21, 2008, issues of The Roanoke
Times, a newspaper having general circulation in the City of Salem; and
WHEREAS, Roy Creasy, attorney for Barnes and Associates, Inc., appeared
before the Council to explain the request; he stated that the property owner is
requesting the boundary line between the City of Salem and Roanoke County be
adjusted so that two portions of a lot can be joined to create one buildable lot to
be located in the City of Salem; he further stated that the County of Roanoke is
agreeable to this, as well; and
WHEREAS, the City Attorney stated that Roanoke County will consider
the request at a meeting on March 25, 2008; he stated that this is a process that
has happened once or twice over the years; he further explained the process
necessary for the boundary lines to be adjusted; he stated that the Circuit Court
approves the change in the corporate boundary; and
WHEREAS, no other person(s) appeared related to said request;
ITEM 2
AGREEMENT
APPROVED
AUTHORIZING THE
RELOCATION OF
PORTIONS OF
BOUNDARY LINES
BETWEEN THE CITY
OF SALEM TAX
MAP #’S 31-2-1.1 &
31-2-1 AND
ROANOKE
COUNTY TAX MAP
#46.07-1-2 AT THE
REQUEST OF JERRY
BARNES AND
ASSOCIATES, INC.
3
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE
MAYOR GIVENS AND DULY CARRIED, the request of Jerry Barnes and Associates,
Inc., for approving an agreement authorizing the relocation of portions of
boundary lines between the City of Salem Tax Map Numbers 31-2-1.1 and 31-2-1
and Roanoke County Tax Map Number 46.07-1-2 was hereby approved -- the roll
call vote: all – aye.
Mayor Packett reported that this date, and time had been set for a public
hearing to consider the sale of an approximate 0.340 -acre tract of City-owned
property located at 1101 Texas Street, being a portion of Tax Map #148 -1-2; and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the March 13, 2008, issue of the Salem Times-
Register, a newspaper published and having general circulation in the City of
Salem; and
WHEREAS, Mark Johnson, 1105 Debra Lane, appeared before the Council
and stated that the Salem Family YMCA is a positive influence on the community;
he stated that 81 percent of its members are family members; almost 25 percent
of its members are under the age of 18; he further stated that almost 1,000
people per day visit the Salem Y during the busy season; he stated that 365
families are receiving just over $175,000 in financial assistance going toward
memberships and programs during the last year; he stated that 5,500 of the
8,300 members are Salem residents; 300 children participate in summer camps
each year; 62 children are signed up for the middle school program that started
this year where the Y bus brings children from the middle school to the Y to
make sure they have a positive, safe place to be after school; 60 children were
enrolled in Magic Place, 1,100 children were taught to swim last year, 320 Salem
elementary second graders participated in the water safety program Safe Splash
last year; he further stated that the parcel the YMCA would like to purchase
ITEM 3
SALE OF AN
APPROXIMATE
0.340-ACRE TRACT
OF CITY-OWNED
PROPERTY
LOCATED AT 1101
TEXAS STREET, P/O
TAX MAP #148-1-2
APPROVED TO
SALEM FAMILY
YMCA
4
would allow the facility to add 6,000 square feet of new space and would allow
the YMCA to be able to move some things around within the facility, which
would allow approximately 8,300 square feet of new space and another 2,800
square feet to renovate; he stated that the end result would be additional
wellness, aerobic, and youth and family space and would translate into an
additional 150 children being able to participate in summer camps; an additional
410 teenagers, adult, and seniors being be able to participate in physical activity
every week; it would double the capacity for senior aerobics and the kid fit
program for elementary-age children during the summer; he further stated that
the property is space the Salem YMCA could use; and
WHEREAS, Councilman Clemens questioned the time-frame for the
construction and renovation; and
WHEREAS, Mr. Johnson stated that the fundraising will start next month
(April) and go on for approximately two months with groundbreaking in the fall if
everything goes well; and
WHEREAS, Councilwoman Johnson questioned if there would be more
classes offered, or would classes be offered to larger groups; and
WHEREAS, Mr. Johnson stated that there would be more classes offered
with the rooms being larger to allow more members to attend; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY
COUNCILMAN FOLEY, AND DULY CARRIED, the sale of an approximate 0.340 -acre
tract of City-owned property located at 1101 Texas Street (P/O Tax Map #148-1-
2) to the Salem Family YMCA was hereby approved -- the roll call vote: all – aye.
Mayor Packett reported that this date, and time had been set to hold a
public hearing to consider amending Chapter 26, Article II, Section 26-42, of The
Code of the City of Salem, Virginia, regarding Precinct E or Southside Hills
ITEM 4
ORDINANCE
PASSED WITH
EMERGENCY
PROVISIONS
AMENDING
CHAPTER 26,
ARTICLE II, SECTION
26-42 OF THE
CODE OF THE CITY
OF SALEM,
VIRGINIA,
REGARDING
PRECINCT E OR
SOUTHSIDE HILLS
PRECINCT
5
Precinct; and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the March 6 and 13, 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 this change in precinct is being done to
remedy some issues with a voting precinct being located at a school; and
WHEREAS, no person(s) appeared related to this request;
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the following ordinance was
duly passed and adopted with emergency provisions:
(HERE SET OUT ORDINANCE AMENDING SECTION 26-43(b) OF THE CITY
CODE)
-- the roll call vote: all – aye.
Mayor Packett reported that this date, and time had been set to hold a
public hearing and consider adopting Resolution 1107 appointing viewers to
consider permanently vacating the alley running between Lots 1 and 17, Section
28, Salem Development Company, 102 to 120 Bowman Avenue; and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the March 6 and 13, 2008, issues of the Salem
Times-Register, a newspaper published and having general circulation in the City
of Salem; and
WHEREAS, Laura Wright, Attorney for the petitioner David Gordon, 3621
Manassas Drive, Suite C, Roanoke, appeared before the Council to explain the
request; she stated that this is an undeveloped alley that would add to the
amount of property Mr. Gordon owns, as well as the other property owners; she
stated that the alley is located between two vacated streets and would benefit
ITEM 5
RESOLUTION 1107
ADOPTED
APPOINTING
VIEWERS TO
CONSIDER
PERMANENTLY
VACATING THE
ALLEY RUNNING
BETWEEN LOTS 1
AND 17, SECTION
28, SALEM
DEVELOPMENT
COMPANY, 102 TO
120 BOWMAN
AVENUE
6
the City by adding more value to the properties, thus creating more tax revenue ;
and
WHEREAS, Dave Lopez, 106 Bowman Avenue, appeared before the
Council to ask why the petitioner wants to close the alley; he stated that he does
not know the petitioner and does not understand why he wants the alley closed;
he further stated that there is a house being built a couple of houses away from
his residence and the owner has been digging into the hillside and it is a mess;
and
WHEREAS, Ms. Wright stated that the petitioner is in the process of
building a house on the property and plans to reside in the house; she stated
that if the alley is vacated, it would add more land to the property; she stated
that she feels like the petitioner will clean up the property as construction is
completed on the property; and
WHEREAS, Mr. Lopez stated that he is concerned with the construction of
the residence on the property; and
WHEREAS, Teresa Lopez, 106 Bowman Avenue, appeared before the
Council and stated that she is concerned about the construction on the property
because if the owner keeps digging into the hillside, he will need to construct a
retaining wall or the hillside will collapse; and
WHEREAS, a discussion was held regarding the construction on the
property and the hillside; and
WHEREAS, it was noted that the City Engineer will look into the situation
and will go with the viewers to answer any questions they have; and
WHEREAS, it was noted that Council will not make a decision regarding
the vacation of the alley at this meeting; and
WHEREAS, no other person(s) appeared related to this request;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1107 was hereby
7
adopted appointing viewers to consider permanently vacating the alley running
between Lots 1 and 17, Section 28, Salem Development Company, 102 to 120
Bowman Avenue:
(HERE SET OUT RESOLUTION 1107)
-- the roll call vote: all – aye.
Mayor Packett reported that this date, and time had been set to hold a
public hearing to consider amendments to the 2007-2008 budget; and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the March 20 , 2008, issue of the Salem Times -
Register, a newspaper published and having general circulation in the City of
Salem; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that due to certain events and circumstances that have
taken place that were unexpected when the original budget was prepared, there
is a need for budget amendments; he stated the Committee reviewed the
proposed budget amendments in detail as presented in the memorandum from
the City Manager and the Director of Finance and recommends Council approve
them; and
WHEREAS, no one appeared in opposition to the proposed mid-year
budget amendments;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the 2007-2008 Mid-Year
Budget Amendments are hereby approved as follows:
(HERE SET OUT MID-YEAR BUDGET AMENDMENTS)
-- the roll call vote: all – aye.
ITEM 6
MID-YEAR BUDGET
AMENDMENTS
APPROVED
8
Mayor Packet reported that Council at its regular meeting held on March
10, 2008, passed an ordinance on first reading amending Chapter 106, Article II
District Regulations, Section 106-202.3(A) of The Code of the City of Salem,
Virginia, pertaining to establishing a minimum lot width in RSF Residential Single
Family District zoning;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, the following ordinance was duly
passed and adopted on second reading:
(HERE SET OUT ORDINANCE AMENDING CHAPTER 106, ARTICLE II
DISTRICT REGULATIONS, SECTION 106-202.3(A) OF THE CODE OF THE
CITY OF SALEM, VIRGINIA, PERTAINING TO ESTABLISHING A MINIMUM
LOT WIDTH IN RSF)
-- the roll call vote: all – aye.
Mayor Packett reported that Council at its March 10, 2008, meeting
passed an ordinance on first reading amending Chapter 106, Article II District
Regulations, Section 106-204.3(A) of The Code of the City of Salem, Virginia,
pertaining to establishing a minimum lot width in RMF Residential Multi -Family
District;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, the following ordinance was duly
passed and adopted on second reading:
(HERE SET OUT ORDINANCE AMENDING CHAPTER 106, ARTICLE II
DISTRICT REGULATIONS, SECTION 106-204.3(A) OF THE CODE OF THE
CITY OF SALEM, VIRGINIA, PERTAINING TO ESTABLISHING A MINIMUM
LOT WIDTH IN RMF)
-- the roll call vote: all – aye.
Mayor Packett requested that Council consider adopting Resolution 1108
authorizing the City’s participation in the Virginia Juvenile Community Crime
ITEM 7
ORDINANCE
ADOPTED
AMENDING
CHAPTER 106,
ARTICLE II DISTRICT
REGULATIONS,
SECTION 106-
202.3(A) OF THE
CODE OF THE CITY
OF SALEM,
VIRGINIA,
PERTAINING TO
ESTABLISHING A
MINIMUM LOT
WIDTH IN RSF
ITEM 9
RESOLUTION 1108
APPROVED
AUTHORIZING THE
CITY’S
PARTICIPATION IN
THE VIRGINIA
JUVENILE
COMMUNITY
CRIME CONTROL
ACT
ITEM 8
ORDINANCE
ADOPTED
AMENDING
CHAPTER 106,
ARTICLE II DISTRICT
REGULATIONS,
SECTION 106-
204.3(A) OF THE
CODE OF THE CITY
OF SALEM,
VIRGINIA,
PERTAINING TO
ESTABLISHING A
MINIMUM LOT
WIDTH IN RMF
9
Control Act;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, Resolution 1108 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: all – aye.
Mayor Packett requested that Council consider a contract with G & H
Contracting, Inc., for the Kiwanis Field Restroom Facilities construction; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee reported that the restroom facilities at Kiwanis Field are outdated
and need to be updated; he stated that on January 22, 2008, the City issued its
Request for Bids for the total replacement of this facility; on February 5, 2008,
the City received the following bids: G & H Construction - $235,100; Envisions
Contracting, Inc. - $264,800; Wall Construction - $277,000; and Thor, Inc. -
$286,500; he stated that all bids received exceeded the funds available for the
project; in accordance with the City’s Purchasing Policy, the City entered into
negotiations with the low bidder, G & H Construction; as a result, a new contract
was negotiated at a price of $199,954; the alternative version of the scope of the
project was negotiated by the Assistant City Manager, the Director of Streets and
General Maintenance, the Director of Parks and Recreation, and the Director of
Finance; the Committee recommends approval of a contract with G & H
Construction for the construction of Kiwanis Field restroom facilities in the
amount of $199,954; funding for the project is included in the Capital Projects
Fund;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, a contract with G & H
ITEM 10
CONTRACT
APPROVED WITH
G & H
CONTRACTING,
INC., FOR THE
KIWANIS FIELD
RESTROOM
FACILITIES
CONSTRUCTION IN
THE AMOUNT OF
$199,954
10
Construction for the construction of Kiwanis Field restroom facilities was hereby
approved in the amount of $199,954; funding for the project is included in the
Capital Projects Fund -- the roll call vote: all – aye.
Mayor Packett requested that Council consider adopting Resolution 1109
closing Main Street on September 13, 2008, for Olde Salem Days festivities ; and
WHEREAS, Councilwoman Johnson stated that she would like the Jaycees
to come before Council after Olde Salem Days to present a report to Council
stating how the proceeds from Olde Salem Days were divided among the various
charities the Jaycees support;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, Resolution 1109 was hereby
adopted closing Main Street on September 13, 2008, for Olde Salem Days
festivities:
(HERE SET OUT RESOLUTION 1109)
-- the roll call vote: all – aye.
Mayor Packett requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Tom Bowers was hereby
reappointed to the Court Community Corrections Regional Alcohol Safety Action
Program Policy Board for a three-year term, said term will expire April 25, 2011 --
the roll call vote: all - aye.
There being no further business to come before the Council, the same on
motion adjourned at 8:05 p.m.
ITEM 12
TOM BOWERS
REAPPOINTED TO
COURT
COMMUNITY
CORRECTIONS
REGIONAL
ALCOHOL SAFETY
ACTION
PROGRAM POLICY
BOARD
ITEM 11
RESOLUTION 1109
ADOPTED
CLOSING MAIN
STREET ON
SEPTEMBER 13,
2008, FOR OLDE
SALEM DAYS
FESTIVITIES