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HomeMy WebLinkAbout10/22/2007 - City Council - Minutes - RegularOctober 22, 2007 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 October 22, 2007, 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; 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 October 8, 2007, were approved as written. The report by the City Manager of the City’s activities for the month of September 2007 was received and ordered filed. It was noted that Officer Rich Barren was present at this meeting of Council as part of his training. Mayor Packett reported that this date had been set to hold a public hearing to consider the request of Joseph W. Carter and MSLHD, LLC, property owners, and Christie Lawless, lessee, for the issuance of a Special Exception Permit to allow a gymnastics training facility on the property located at 638 Chapman Street (P/O Tax Map #160-10-7.1); and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the October 4 and 11, 2007, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and ITEM 1 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A GYMNASTICS TRAINING FACILITY ON THE PROPERTY LOCATED AT 638 CHAPMAN STREET (P/O TAX MAP #160-10-7.1) 2 WHEREAS, staff noted the following: the subject property consists of one parcel located on Chapman Street, south of Fourth Street and directly east of the former Southwest Diesel Property; the parcel is approximately .7 acres and is currently occupied by an older multi-tenant industrial building; the property is currently zoned LM; this request is for a special exception permit to allow the operation of a gymnastics facility; and this property is within the 100 year flood zone; and WHEREAS, Christie Epperly-Lawless, 2660 Madison Avenue, Christiansburg, Virginia, lessee, appeared before the Council to explain the request; she stated that her goal is to establish a strong gymnastics program for the Salem area to allow children the opportunity to experience recreational and competitive gymnastics, dance, and cheerleading which will enhance athletic ability, coordination and self-confidence; she stated she would also like to offer daily physical fitness classes to the youth in all local schools, recreation centers, and YMCAs; she further stated that she wants to make it convenient for Salem residents to enroll their children in a local, well-run, professional, and safe organization; and WHEREAS, Vice Mayor Givens questioned what age group the classes will be offered; and WHEREAS, Ms. Epperly-Lawless stated that as soon as the children start walking, there is a class offered called Tiny Tots where parents bring their child(ren) in to get acquainted with the equipment; she stated that there are also classes offered for adults; and WHEREAS, Councilman Foley questioned if the classes are offered year- round; and WHEREAS, Ms. Epperly-Lawless stated that classes are offered year- round; and WHEREAS, no other person(s) appeared related to this request; 3 ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request for a Special Exception Permit to allow a gymnastics training facility on the property located at 638 Chapman Street (P/O Tax Map #160-10-7.1) 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 the request of Lewis E. Barker and George C. Barker, Jr., property owners, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 638 East Main Street (Tax Map #107-8-7); and WHEREAS, it was noted that the petitioners have withdrawn their request; THEREUPON, said request was withdrawn. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Villages 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 Phase I of the Village at North Mill and recommends setting bond at $370,900 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for Phase I of the Village North Mill was hereby set at $370,900 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. ITEM 2 REQUEST WITHDRAWN BY PETITIONERS ITEM 3 BOND FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL SET FOR THE VILLAGES AT NORTH MILL, PHASE I, PROJECT 4 Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the North Oaks, Phase II, 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 North Oaks, Phase II Subdivision and recommends setting bond at $650,000 with a time limit of twelve (12) months for completion; and Mayor Packett stated that he has had a couple of people contact him regarding this project; he stated that this is not a public hearing, but he would like to ask some questions regarding this project; he questioned if the bond would cover any type of collateral damage to property downstream from the development; and WHEREAS, the City Engineer stated that the bonds are very specific in what they are written for; normally they are letters of credit and explain point by point what the bond can be used for; he stated that the bonds are purely a performance guarantee for streets, utilities, etc.; he further stated that the guarantee is that the streets, etc. will be built properly; if the streets, etc. are not built properly, then the City could use funds from the bond to re-establish, not necessarily build the facility, but to get it back to the point that it was stable and no longer an environmental hazard, or unsafe; he stated that the City has contracts that state specifically what the bond can be used for (utilities, water line); he stated that the bond cannot be used for a third-part or for any damage; and WHEREAS, the City Attorney stated that according to the State Code the developer cannot record their subdivision plat and begin selling lots until he/she ITEM 4 BOND FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL SET FOR THE NORTH OAKS, PHASE II, SUBDIVISION 5 has completed all the physical improvements, which varies depending on the situation and can consist of streets, water and sewer lines, drainage facilities, and soil and erosion control; he further stated that the exception to the rule is that the subdivider can start selling lots as long as he/she posts a bond, which can be a corporate bond or cash; he stated that it is typically in the form of a letter of credit from a bank to where if lots are sold and the subdivider does not build the streets, the money to build the streets would come from the bond; and WHEREAS, Mayor Packett stated that neighbors located near the North Oaks Phase II development are concerned about storm water problems downstream from the development and feel like they need some kind of assurance that the problems won’t get worse after the property is developed, and questioned how it is determined what plan is best for the property; and WHEREAS, the City Attorney stated that there are standards that the City Engineer is required to follow to require the subdivider to meet; and WHEREAS, the City Engineer stated that certain standards must be met and if the subdivider meets those standards, then that portion of the bond has been satisfied; he stated that for erosion and sediment control, once ground cover is established (grass growing, etc.) and there is less danger of imminent erosion, than the bond can be released, but the bond cannot be released until the erosion and sediment control has been met; and WHEREAS, the Vice Mayor questioned what happens if the subdivider has the necessary sediment and erosion controls in place and there is a heavy rain, and breaks through the controls and floods properties down below the development; and WHEREAS, the City Engineer stated that the State Erosion and Sediment Control Handbook basically states that you cannot defend against a 100-year storm, you can only prudently put in place protection measures that will last up until a 10-year storm; if you go beyond that, there is really no way to prevent all 6 sediment from leaving the site; he further stated that if the subdivider meets those guidelines set forth in the handbook, then he/she is safe guarding against 99 percent of the storms that will come along; and WHEREAS, Mayor Packett questioned if a property owner had a problem at this point in time, who would they talk to in order to address their concerns; and WHEREAS, the City Engineer stated that they would talk to him and if they are not satisfied, they can talk to the State; and WHEREAS, a discussion was held regarding the purpose of the subdivider obtaining a bond; and WHEREAS, Ann Lee Stevens asked Council if she could ask a question; and WHEREAS, Mayor Packett reiterated that this is not a public hearing, but he would allow her to ask a question; and WHEREAS, Ms. Stevens appeared before the Council and stated that the development of North Oaks Subdivision in 2004 has damaged her property, along with adjoining other property owners, which she has fully documented; she stated that her question is that having had many conversations with many people at the City of Salem and being told what she has heard tonight that there are standards that are set, can Council raise the standards so that she, along with other property owners, are not further damaged; and WHEREAS, Mayor Packett stated that the standards are set by the State; and WHEREAS, Ms. Stevens questioned if Council could raise the standard s to help protect the property owners; and WHEREAS, the City Attorney stated that City Council does not have the authority to raise standards; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the performance bond for physical 7 improvements and erosion and sediment control for the North Oaks, Phase II Subdivision was hereby set at $650,000 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Rivendell Subdivision; 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 Phase I of the Village at North Mill and recommends setting bond at $153,800 with a time limit of 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 Rivendell Subdivision was hereby set at $153,800 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the FedEx Ground Distribution Center Parking Expansion; 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 FedEx Ground Distribution Center Parking Expansion and recommends setting bond at $8,366 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the performance bond for ITEM 5 BOND FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL SET FOR THE RIVENDELL SUBDIVISION ITEM 6 BOND FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL SET FOR THE FEDEX GROUND DISTRIBUTION CENTER PARKING EXPANSION 8 physical improvements and erosion and sediment control for the FedEx Ground Distribution Parking Expansion was hereby set at $8,366 with a time limit of twelve (12) months for completion -- 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 COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Dana Barnes Lee was hereby reappointed as an at-large representative of the Blue Ridge Behavioral Healthcare Board for a three–year term, said term will expire December 31, 2010 -- the roll call vote: all – aye. ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session at 7:48 p.m. for the purpose of discussing the following specific matter: 1. Discussion of a personnel matter, which is authorized by Section 2.2-3711 A. 1. of the Code of Virginia, 1950 as amended to date; and -- the roll call vote: all - aye. Upon reconvening at 8:10 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or ITEM 7 DANA BARNES LEE REAPPOINTED AS AN AT-LARGE REPRESENTATIVE OF THE BLUE RUDGE BEHAVIORAL HEALTHCARE BOARD CLOSED SESSION FOR PERSONNEL MATTER – CITY MANAGER’S POSITION 9 considered by the Council -- the roll call vote: all - aye. There being no further business to come before the Council, the same on motion adjourned at 8:11 p.m.