HomeMy WebLinkAbout1/28/2008 - City Council - Minutes - RegularJanuary 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 January 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 Forest
G. Jones, 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; Benjamin W. Tripp, City Planner; 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 January 14, 2008, were approved
as written.
The report by the Director of Finance of the City’s financial status for a
six-month period ending December 30, 2007, was received and ordered filed.
The report by the City Manager of the City’s activities for the month of
December 2007 was received and ordered filed.
It was noted that Officers Seth Chamberland and Andy Shatt were
present at this meeting of Council. Iryna Krutenko, a Roanoke College foreign
exchange student intern for Planning and Economic Development, was also
present at this meeting of Council.
Mayor Packett requested that Council receive a presentation from the
Ductile Iron Pipe Research Association inducting the City of Salem into the Cast
Iron Pipe Century Club; and
WHEREAS, Melvin Doughty, Director of the Water and Sewer
Department, appeared before the Council; he stated that Dennis McClain with
Ductile Iron Pipe Research Association was also present; he stated that Ductile
ITEM 1
PRESENTATION
FROM DUCTILE
IRON PIPE
RESEARCH
ASSOCIATION
INDUCTING THE
CITY OF SALEM
INTO THE CAST
IRON PIPE
CENTURY CLUB
2
Iron Pipe Research Association presents awards throughout the country for
installations of cast iron pipe that have been in the ground longer than 100
years; he further stated that he was able to collect information that dated back
to the 1800s and 1900s; he stated that the original installation of the water
system in Salem began in 1876; the City took over the water system between
1881 and 1883; he further stated that just before the turn of the century to the
1900s, the City laid most of the pipe that serves this part of town; he stated that
the pipe has been in continual service since around 1900; and
WHEREAS, Dennis McClain, Ductile Iron Pipe Research Association,
appeared before the Council; he stated that the award is given to any city or
utility that has had cast iron pipe in the ground for at least one hundred years;
he stated that there have been over 600 awards handed out so far; he also
stated that there is also another award given for cast iron pipe that has been in
the ground for at least 150 years, and there have been about 24 recipients of the
award to date; Mr. McClain further stated that cast iron pipe has been in service
for over 300 years in France; Mr. McClain presented the award to Council;
THEREUPON, said presentation was received.
Mayor Packett reported that this date and time had been set to hold a
public hearing to consider the request of Valley Associates LLC, property owner,
for rezoning the property located at 1618 West Main Street (Tax Map #139-4-
5.1) from LM Light Manufacturing District to HBD Highway Business District; and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the January 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 at its regular meeting held on
January 12, 2008, recommended to the Council of the City of Salem that the
ITEM 2
ORDINANCE
PASSED ON FIRST
READING
REZONING THE
PROPERTY OF
VALLEY
ASSOCIATES LLC
LOCATED AT 1618
WEST MAIN
STREET (T/M #139-
4-5.1) FROM LM
TO HBD
3
rezoning request be approved; and
WHEREAS, staff noted the following: the subject property consists of one
parcel located on the south side of West Main Street; the property is currently
vacant and is approximately 1.4 acres; the property is currently zoned LM Light
Manufacturing District; this request is for the rezoning of the property from LM
to HBD to allow the construction of general offices and retail; staff is not aware
of any issues with this request; and
WHEREAS, Steve Mullins, agent representing Valley Associates LLC, 530
Stonewall Street, Salem, appeared before the Council explaining the request to
rezone the property; he noted the property has been on the market for
approximately three years, and they have not been successful in finding a user
for this zoning; he noted that he has an individual who has contracted to
purchase the property subject to getting the property rezoned; and
WHEREAS, Vice Mayor Givens questioned what business the property
would be used for; and
WHEREAS, Mr. Mullins stated that the contract purchaser has not told
them exactly what the property will be used for, but it will be some type of
office/retail use; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS 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.
4
Mayor Packett reported that this date and time had been set to hold a
public hearing to consider an amendment to Chapter 106, Article II, District
Regulations, Section 106-320 of The Code of the City of Salem, Virginia,
pertaining to an urban forest overlay district; and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the January 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 at its regular meeting held on
January 12, 2008, recommended to the Council of the City of Salem that the
rezoning request be approved; and
WHEREAS, staff noted the following: this request is to amend Chapter
106, Article II, pertaining to district regulations, in order to add a new section
establishing the Urban Forest Overlay District within the city; the overlay district
will include all parcels with frontage on one or more of the following roads:
1. West Main Street – Between Fourth Street and the western
corporate limits
2. East Main Street – Between Thompson Memorial Drive and
Route 419
3. Route 419
4. Apperson Drive
5. Fourth Street – Between West Main Street and Union Street
6. Wildwood Road
7. Thompson Memorial Drive – Between Clay Street and the
northern corporate limits
The overlay will only apply to new commercial development; currently existing
developments are grandfathered unless they are redeveloped; residential zones
are exempt;
ITEM 3
ORDINANCE
PASSED ON FIRST
READING
AMENDING
CHAPTER 106,
ARTICLE II, DISTRICT
REGULATIONS,
SECTION 106-320
OF THE CODE OF
THE CITY OF SALEM
VIRGINIA,
PERTAINING TO AN
URBAN FOREST
OVERLAY DISTRICT
5
There are two main parts of the Urban Forest Overlay District:
1. The overlay will require all new development to have a minimum of
one shade tree per acre of the development. All trees must be from
the approved list and shall be planted within the interior parking lot.
No development shall be required to have more than five trees.
2. The overlay establishes locations where new development will have
to include trees, from the approved list, along the main thoroughfare
that they are located on. These locations are determined by the city
as roughly every 200 feet from a designated point.
The amendment also gives staff the authority to enforce the district and to
require the replacement, pruning or other maintenance of the tree plantings.
Tree species and locations are approved by staff during the site plan review
process, and may be relocated or changed at the discretion of the administrator.
The preservation of appropriate existing mature shade trees is encouraged and
may count towards the required number of trees at the discretion of the
administrator. The Urban Forest Overlay District will help to “green” sections of
town that currently have little tree canopy. The greening of sprawl-like areas
was identified as a goal in the current comprehensive plan. The trees in the
approved list were selected to be physically strong, have non-destructive root
habits, and to benefit the environment. These trees will absorb large amounts of
carbon and particulate matter making the air relatively cleaner, helping to
mitigate auto emissions produced in the area as well as other types of pollution.
Trees that have been selected will produce large canopies to provide shade that
lowers temperatures in asphalt and concrete, reducing the heat effect in urban
areas; and
WHEREAS, Benjamin Tripp, City Planner, appeared before the Council
explaining the proposed ordinance amendment; he noted the purpose of the
amendment is to increase the landscaping requirements for commercial
6
properties located on major highways in the city; he stated the highways include
West Main Street, East Main Street, Route 419, Apperson Drive, Wildwood Road,
Thompson Memorial Drive, and Fourth Street; he stated the requirements will
accomplish two main things; first, it will require developers to plant a minimum
of one tree per acre of the development up to a maximum of five trees from the
list of approved tree species; second, it will require trees to be planted in
roadside planting strips adjacent to the street right of way; these trees are
planted at 100-foot intervals and shall be selected from the second list of
approved tree species; he noted that both of the lists of trees were developed
with the aid of Beth Carson, City Horticulturist; the trees were chosen because
they do well in urban environments, they are good at absorbing pollution, and
they have certain branching characteristics that make them easy to care for, etc.;
and
WHEREAS, Council commended staff for their hard work in the
development of the ordinance; and
WHEREAS, Mark McClain, 907 Greenbrier Court, member of the Sierra
Club, appeared before the Council in support of the proposed amendment; he
requested that staff annotate the list of approved species of trees to show which
trees are native to this area to encourage property owners to consider those
trees as the best ones to plant; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN FOLEY, AND DULY CARRIED, an ordinance entitled “AN
ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II,
PERTAINING TO DISTRICT REGULATIONS BY ADDING SECTION 106-230
ESTABLISHING AN URBAN FOREST OVERLAY DISTRICT, TO THE CODE OF THE CITY
OF SALEM, VIRGINIA,” was hereby passed on first reading -- the roll call vote: all
– aye.
7
Mayor Packett requested that Council consider adopting Resolution 1101
requesting the Commonwealth Transportation Commissioner and the
Commonwealth Transportation Board to approve and accept certain new streets
for maintenance payments; and
WHEREAS, Chuck Van Allman, City Engineer, appeared before the Council
to further explain the resolution; he stated that the City is asking the state to
accept the roadways and to include them in the public system, which allows the
City to obtain maintenance funds for those streets; and
WHEREAS, it was noted that the streets in question are Walden Circle,
Knotbreak Road, and Kingsbarn Circle; and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, Resolution 1101 was hereby
adopted
(HERE SET OUT RESOLUTION 1101)
-- the roll call vote: all – aye.
Mayor Packett requested that Council consider setting a public hearing in
accordance with Section 98-94 of The Code of the City of Salem, Virginia, for
issuance of Certificates of Public Convenience and Necessity for the next twelve
months, beginning April 1, 2008;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, March 10, 2008, at 7:30 p.m., in
the Council Chambers, City Hall, 114 North Broad Street, was hereby set as a
date, place, and time for a public hearing to consider issuing Certificates of Public
Convenience and Necessity for taxicabs in accordance with The Code of the City
of Salem, Virginia -- the roll call vote: all – aye.
ITEM 4
RESOLUTION 1101
ADOPTED
REQUESTING THE
COMMON-
WEALTH TRANS-
PORTATION
COMMISSIONER
AND THE
COMMON-
WEALTH TRANS-
PORTATION
BOARD TO
APPROVE AND
ACCEPT CERTAIN
NEW STREETS
ITEM 5
PUBLIC HEARING
SET FOR MARCH
10, 2008, IN
ACCORDANCE
WITH SECTION 98-
94 OF THE CODE
OF THE CITY OF
SALEM, VIRGINIA,
FOR ISSUANCE OF
CERTIFICATES OF
PUBLIC
CONVENIENCE
AND NECESSITY
FOR THE NEXT
TWELVE MONTHS
8
Mayor Packett requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, David Preston, Steve Mullins, and
Byron R. Foley were hereby appointed to the Comprehensive Economic
Development Strategy (CEDS) Committee; and Jimmy W. Robertson was hereby
reappointed to the Real Estate Tax Relief Review Board for a three-year term,
said term will expire February 14, 2011 -- the roll call vote: all – aye.
There being no further business to come before the Council, the same on
motion adjourned at 7:55 p.m.
ITEM 6
DAVID PRESTON,
STEVE MULLINS,
AND BYRON R.
FOLEY APPOINTED
TO CEDS
COMMITTEE;
JIMMY W.
ROBERTSON
REAPPOINTED TO
REAL ESTATE TAX
RELIEF REVIEW
BOARD