HomeMy WebLinkAbout2/11/2008 - City Council - Minutes - RegularFebruary 11, 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 February 11, 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 28, 2008, were approved as written.
It was noted that Officer Matt McCulley and Senior Police Officer Mike Mills were present at this meeting of
Council.
Mayor Packett reported that Council passed an ordinance on first reading at its January 28, 2008, meeting
rezoning the property of Valley Associates LLC, property owner, located at 1618 West Main Street (Tax Map #139 -4-
5.1) from LM Light Manufacturing District to HBD Highway Business District;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, an
ordinance rezoning the property of Valley associates LLC, located at 1618 West Main Street (Tax Map #139 -4-5.1)
from LM Light Manufacturing District to HBD Highway Business District was hereby adopted on second reading:
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.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter
106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following
particular and no other, viz:
That the following described property in the City of Salem, of Valley Associates LLC, property owner, being the
property located at 1618 West Main Street (Tax Map #139 -4-5.1), be and the same is hereby changed from LM Light
Manufacturing District to HBD Highway Business District, and the map referred to shall be changed in this respect and
no other, said property being described as follows:
BEGINNING at point #1, an iron pin set on the south side of West Main Street (U.S. Route No. 11 and
460, 95 feet wide), said point being located N. 83°00’00” E. 685.00 feet from the southeast intersection
of West Main Street and Hurt Lane; thence leaving West Main Street and with the division line
between original Lots 17 and 18, Thomas F. West Addition (Roanoke County Plat Book 1, Page 285) S.
07°00’00” E., passing a old iron pin at 515.71 feet, a total distance of 517.37 feet to point #2, a old iron
pin on the north side of the Norfolk Southern Railway property; thence with the same S. 72° 04’00” W.
152.77 feet to point #3, a iron pin; thence leaving the Norfolk Southern Railway and with the division
line between original Lots 19 and 20 N. 07°00’00” W. 356.35 feet to a iron pin set; thence leaving the
original division line and with two new division lines through Lots 19 and 18 S. 82° 59’48” W. 90.00 feet
to a iron pin set and N. 07°00’00” W. 190.00 feet to a nail set on the south side of West Main Street;
thence with the same N. 83°00’00” E. 60.00 feet to the point of BEGINNING, containing 1.438 acres
and being shown as Lot 19-A on the “Plat Of Re-subdivision Made For Jay F. Rutherford” by Jack G. Bess
Land Surveying, dated August 9, 2000, and being recorded in the City of Salem, Virginia Circuit Court
Clerk’s Office in Plat Book 8, Page 36 (Slide 161).
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are
hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
Byron R. Foley – Aye
John Christopher Clemens – Aye
Jane W. Johnson – Aye
John C. Givens – Aye
Howard C. Packett – Aye
Passed: February 11, 2008
Effective: February 21, 2008
/s/ Howard C. Packett
Mayor
ITEM 1
ORDINANCE
ADOPTED
REZONING THE
PROPERTY OF
VALLEY ASSOCIATES
LLC, LOCATED AT
1618 W. MAIN
STREET (TAX MAP
#139-4-5.1) FROM
LM TO HBD
Mayor Packett reported that Council passed an ordinance on first reading at its January 28, 2008, meeting
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;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILMAN CLEMENS AND DULY CARRIED, “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 adopted on second reading:
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, OF THE CODE OF THE CITY OF SALEM, VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-230, of The
Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows:
CHAPTER 106
ARTICLE II DISTRICT REGULATIONS
106-230 URBAN FOREST OVERLAY DISTRICT
106-230.1 Statement of Intent
(A) It is the intent of the Urban Forest Overlay District to promote healthy tree canopies within the City of Salem.
The standards contained in this district help to increase both the number and size of trees in new development.
These types of plants are important to maintaining general health as they reduce temperatures caused by urban
heat islands, absorb carbon dioxide and other pollutants, and emit oxygen. This ordinance shall not apply to
parcels zoned RSF or RMF.
106-230.3 ESTABLISHMENT OF URBAN FOREST OVERLAY DISTRICT
(A) Urban Forest Overlay Districts shall include all parcels with frontage on one or more of the following roads:
1. West Main Street – Between 4th Street and the Western City Limits
2. East Main Street – Between Thompson Memorial and Route 419.
3. Route 419.
4. Apperson Drive.
5. 4th Street – Between West Main Street and Union Street.
6. Wildwood Road
7. Thompson Memorial Drive.
106-230.5 DEVELOPMENT REGULATIONS
(A) Development regulations within the Urban Forest Overlay District shall be as specified in the underlying
zoning districts, with the following additions:
1. A minimum of one tree, selected from Section 106-230.9, per acre. Approved Tree Species in the Urban
Forest Overlay District, shall be planted within the interior parking lot. Development on less than one
acre shall also contain a minimum of one tree. No development shall be required to have more than five
trees. Where multiple trees are required, a mix of different species from the list is encouraged.
2. In addition to item 1, when a new, expanded, or reconfigured parking area is required or proposed
adjacent to a public street rights-of-way, one tree selected from Section 106-230.9 Approved Tree
Species in the Urban Forest Overlay District shall be planted at 100 foot intervals, starting at the
designated rights-of-way intersection, in order to maximize the beneficial environmental effects. All
trees shall be planted ten feet behind the curb with a minimum eight foot radius landscaped area
surrounding it. This requirement may be modified to allow for ingress and egress areas, signage or for
other reasons at the discretion of the administrator. A list of planting locations shall be kept in the
Department of Inspections and Zoning.
3. All approved trees shall have a minimum caliper of three inches dbh (diameter at breast high) at the time
of planting, be trained to a central leader, and have a minimum height of five feet.
4. Non-approved tree species may be used at the discretion of the administrator.
5. The locations of tree plantings may be left to the developer, but must be approved during the site plan
review process.
6. The preservation of appropriate existing mature trees is encouraged and may count towards the required
number of trees at the discretion of the administrator.
ITEM 2
ORDINANCE
ADOPTED
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
106-230.7 ADMINISTRATION
(A) All trees shall be locally adapted to the area and shall meet the specifications for the measurement, quality, and
installation of trees outlined in this chapter.
(B) Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles or the
approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public
safety upon any such street, driveway, parking aisle, or street intersection. Required sight distances shall apply
to street trees. Larger trees with a central leader should be limbed up a minimum of eight feet for visibility and
access. Trees with multiple leaders should be thinned. Any sight obstruction determined by the administrator
shall be corrected immediately.
(C) The owner shall be responsible for the perpetual maintenance and protection of all trees required by this
ordinance.
(D) Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance.
Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner.
(E) Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and
debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental
to the health of the tree.
(F) The administrator shall have the authority to enforce the requirements of this ordinance.
106-230.9 APPROVED TREE SPECIES IN THE URBAN FOREST OVERLAY DISTRICT.
(A) These tree species have been selected to grow to a minimum height of 20 feet and for other criteria such as
absorption of ozone or particulate matter.
Approved Trees: (NOTE: pH and soil samples are strongly recommended before
selecting a particular species.)
Interior Parking Lots Size at Maturity Shape
As required under 106-203.5 A1.
‘Regal’ Elm 55’ tall x 30’ wide Pyramidal ‘Allee’ Elm
60’ tall x 50’ wide Vase
‘Regal’ Elm 55’ tall x 30’ wide Pyramidal
‘Autumn Blaze’ Maple 50’ tall x 40’ wide Oval
‘Red Sunset’ Maple 50’ tall x 40’ wide Oval
‘Armstrong’ Maple 60’ tall x 15’ wide Fastigiated
Pin Oak 70’ tall x 40’ wide Pyramidal
Willow Oak 60’ tall x 40’ wide Pyramidal
‘Green Vase’ Zelkova serrata 65’ tall x 45’ wide Vase
Roadside Planting Strips Size at Maturity Shape
As required under 106-203.5 A2.
Redbud 25’ tall x 25’ wide rounded
Serviceberry varieties 20’ tall x 15’ wide Oval
Star Magnolia 20’ tall x 20’ wide Pyramidal
Hedge maples 35’ tall x 30’ wide Oval
‘Winter King’ Hawthorn 20’ tall x 20’ wide Pyramidal
Disease resistant crabapple varieties 20’ tall x 20’ wide rounded
Crepe Myrtle 20’ tall x 20’ wide Vase
Snowgoose Cherry 20’ tall x 20’ wide oval
Yoshino Cherry 35’ tall x 35’ wide rounded
Kwanzan cherry 35’ tall x 35’ wide Vase
All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are
hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
Byron R. Foley - Aye
John Christopher Clemens - Aye
Jane W. Johnson - Aye
John C. Givens – Aye
Howard C. Packett – Aye
Passed: February 11, 2008
Effective: February 21, 2008
/s/ Howard C. Packett
Mayor
Mayor Packett requested that Council consider a donation to the Roanoke Valley Crime Line in the amount of
$100 equal to the amount of sales tax paid in connection with the Oktoberfest event held October 14, 2007;
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY
CARRIED, a donation to the Roanoke Valley Crime Line in the amount of $100.00, equal to the amount of sales tax
paid in connection with the Oktoberfest event held October 14, 2007, was hereby approved -- the roll call vote: all –
aye.
Mayor Packett requested that Council consider an ordinance on first reading repealing and reenacting Chapter
34 of The Code of the City of Salem, Virginia, pertaining to Fire Prevention and Protection; and
WHEREAS, the City Attorney stated that the existing ordinance is still effective, but had not been amended for
a number of years; he stated that the ordinance being presented is now in strict compliance with the state code; he
further stated that one of the primary changes to the ordinance is that it specifically addresses the duties and
power/authority the Fire Marshal has under Virginia Law; the City Attorney thanked Doug Moore for all his hard work
in rewriting the code;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY
CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 34 BY REPEALING
THE EXISTING CHAPTER 34 AND ENACTING A NEW CHAPTER 34 PERTAINING TO FIRE PREVENTION AND PROTECTION,
OF THE CODE OF THE CITY OF SALEM, VIRGINIA,” was hereby passed on first reading -- the roll call vote: all – aye.
Mayor Packett requested that Council consider adopting Resolution 1102 endorsing the provisions of the U. S.
Mayors Climate Protection Agreement as amended by the 73rd annual U. S. Conference; and
WHEREAS, Benjamin Tripp, City Planner, appeared before the Council to further explain the resolution; he
stated the resolution is in support of the U. S. Mayors Climate Protection Agreement; the agreement calls for the City
to inventory omissions in City operations and in the community at -large; he stated that the agreement is in line with
the City’s past environmental initiatives such as greenways, storm water management and urban forest overlay; and
WHEREAS, Councilwoman Johnson commended Mr. Tripp for his work in obtaining the additional grant money
for the greenways; and
WHEREAS, Diana Christopulos, 907 Greenbrier Court, appeared before Council on behalf of the Roanoke
Valley Cool Cities Coalition in support of the resolution; she stated that there are other people present at this meeting
of Council in support of the resolution; she commended the City for adopting this resolution and for its efforts in
reducing emissions; she stated that although the City is making an effort to reduce the amount of emissions, the City
needs to determine the amount of emissions expelled so that it can determine which measures are most cost
effective in reducing the amount of emissions; she further discussed the benefits of being a “green” city; and
WHEREAS, Council thanked Ms. Christopulos for all her work;
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY
CARRIED, Resolution 1102 was hereby adopted:
RESOLUTION 1102
RESOLUTION FOR SUPPORT OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT
WHEREAS, the City of Salem has long been a regional leader in adopting sound policies, including policies to
protect the environment, assure the highest quality of life for its citizens, and to provide responsible fiscal
management; and
WHEREAS, the City of Salem has used environmentally responsible technology in the past such as waste-to-
energy systems, LED traffic lights, and the use of graywater for the irrigation of landscaping within the city; and
WHEREAS, the City of Salem has adopted or is preparing to adopt ordinances on stormwater control, illicit
discharges into waterways, restrictions on floodplain development, greenway construction, tree canopies, and
historic districts, illustrating our commitment to the environment and the high quality of life much enjoyed by the
citizens of the City of Salem; and
WHEREAS, energy conservation, energy efficiency, and the use of clean, renewable energy sources provide
tangible environmental, economic, and quality of life benefits such as reduced energy bills, air quality improvements,
reduced traffic congestion, improved transportation choices, and economic development and job creation through
energy conservation and new energy technologies; and
WHEREAS, many cities, counties, and states are adopting emission reduction targets and programs that will
provide many of the aforementioned benefits; and
WHEREAS, over 330 local governments throughout the United States have officially endorsed the U.S. Mayors
Climate Protection Agreement which spells out specific commitments and goals for reduction of global warming
emissions and which, as amended at the 73rd Annual U.S. Conference of Mayors meeting reads:
ITEM 3
DONATION
APPROVED FOR
ROANOKE VALLEY
CRIME LINE IN THE
AMOUNT EQUAL
TO THE AMOUNT
OF SALES TAX PAID
IN CONNECTION
WITH THE
OKTOBERFEST
EVENT HELD
OCTOBER 14, 2007
ITEM 5
RESOLUTIO
N 1102
ADOPTED
ENDORSING
THE
PROVISIONS
OF THE US
MAYORS
CLIMATE
PROTECTIO
N
AGREEMEN
T AS
AMENDED
BY THE 73RD
ANNUAL US
CONFERENC
E
ITEM 4
ORDINANCE
PASSED ON FIRST
READING
REPEALING AND
REENACTING
CHAPTER 34 OF
THE CODE OF THE
CITY OF SALEM,
VIRGINIA,
PERTAINING TO
FIRE PREVENTION
AND PROTECTION
The U.S. Mayors Climate Protection Agreement
A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing
global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the United States’ depen dence
on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as
conservation, methane recovery for energy generation, waste to energy, wind and solar energy, fuel cells, efficient motor veh icles,
and biofuels;
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emiss ions
limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own
operations and communities such as:
1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action
plan;
2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban
communities;
3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and
public transit;
4. Increase the use of clean, alternative energy by, for example, investing in “green tags”, advocating for the development of
renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy
technology;
5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient
lighting and urging employees to conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S. Green Building Council’s LEED program or a similar
system;
8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee
education program including anti-idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover methane for energy
production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and
12. Help educate the public, schools, other jurisdictions, professional associates, business and industry about reducing global
warming pollution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the same hereby
endorses and adopts the provisions of the U.S. Mayors Climate Protection Agreement as amended by the 73 rd annual
U.S. Conference; and
BE IT FURTHER RESOLVED that the Council of the City of Salem, Virginia, intends to embark on a program to
achieve the objectives outlined in the U.S. Mayors Climate Protection Agreement and will take advantage of all
appropriate resources.
Upon a call for an aye and a nay vote, the same stood as follows:
Byron R. Foley – Aye
John Christopher Clemens – Aye
Jane W. Johnson – Aye
John C. Givens – Aye
Howard C. Packett – Aye
Mayor Packett requested that Council consider appointments to fill vacancies on various boards and
commissions;
Thereupon, no action was taken.
There being no further business to come before the Council, the same on motion adjourned at 7:48 p.m.
Clerk of Council
Mayor
ITEM 6
NO ACTION TAKEN