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HomeMy WebLinkAbout8/27/2007 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING August 27, 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 August 27, 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; 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 August 13, 2007, were approved as written. The report by the City Manager of the City’s activities for the month of July 2007 was received and ordered filed. Mayor Packett stated that Mark Johnson from the YMCA was present at this meeting of Council to introduce Yuki Kanashi from Osaka, Japan; and WHEREAS, Mr. Johnson stated that Yuki is from Osaka, a city of 8.1 million people in Japan; he stated that he has been in the United States for 42 days; he further stated that Mr. Kanashi is a program director at a YMCA in Japan, and he is in the U.S. looking at programs offered at different YMCAs all 2 over the county; Mr. Johnson stated that the main program Mr. Kanashi wanted to see at the Salem YMCA was the Teen Program; he further stated that Mr. Kanashi has experienced “Southern Culture” during his time in Salem; he stated that so often people think of the YMCA in the local community and how it helps the community, but it is important to remember that the YMCA is an international organization; and WHEREAS, Yuki Kanashi appeared before the Council and stated that he first arrived in the U.S. on July 25, 2007, and has traveled all over the country; he stated that he has learned a lot of different cultures; he stated that he was surprised how much American people volunteer; he further stated that a lot of ideas have been shared on his visits; and WHEREAS, Council thanked Mr. Johnson and Mr. Kanashi for coming to this meeting of Council, and complimented the YMCA for all the hard work it does for the community. Mayor Packett reported that Council at its regular meeting held on August 13, 2007, continued the Forest Drive Sewer Pump Station item to this meeting of Council; and WHEREAS, the Director of Finance requested that the item be continued until the September 10, 2007, meeting of Council; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the Forest Drive Sewer Pump Station item was hereby continued ITEM 1 CONTINUED UNTIL THE SEPTEMBER 10, 2007, MEETING 3 until the September 10, 2007, meeting of Council -- 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 Jodie L. and Gwen H. Terry, and Ricky L. Reynolds, property owners, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 16 North Bruffey Street (Tax Map #125-3-11); and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 16 and 23, 2007, issues of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, it was noted that the petitioners have requested to withdraw the request without prejudice; THEREUPON, request was withdrawn without prejudice. Mayor Packet reported that this date and time had been set to hold a public hearing to consider the request of Virginia Parris and Oscar W. Hall Et Al, property owners, and Brenda Busic, contract purchaser, for rezoning the property located at 509 South Colorado Street (Tax Map #145-8-6) from RSF Residential Single Family District to RB Residential Business District; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the ITEM 3 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY LOCATED AT 509 S. COLORADO STREET (TAX MAP #145-8- 6) FROM RSF TO RB ITEM 2 ITEM WITHDRAWN BY THE PETITIONERS WITHOUT PREJUDICE 4 August 16 and 23, 2007, 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 August 15, 2007, recommended to the Council of the City of Salem that the rezoning be approved; and WHEREAS, staff noted the following: the subject property consists of one parcel located along the west side of South Colorado Street, south of Third Street; the parcel is approximately 75 feet by 125 feet and is currently occupied by a one-story single family residence and two small outbuildings; it is bordered at the rear of the property by an alley; this request is to rezone the property from RSF to RB to allow the relocation and operation of a nail and tanning salon; the applicant has stated that she currently leases space at 400 East Calhoun Street in Salem and would like to relocate; the applicant states she will offer nail services by appointment and have three tanning suites; renovations to the house will be extensive including upgrades to the electrical service, plumbing and HVAC systems; the applicant also states she will add a paved area to the rear of the property to accommodate parking and an illuminated sign at the front of the building that is in compliance with sign ordinance regulations; in accordance with Section 105- 400 of the City of Salem Zoning Ordinance, a site plan shall be prepared for this property and submitted to staff for review because of the conversion from 5 residential use to commercial use; the applicant has not stated how much additional parking she intends to install; and depending on the number of spaces and square footage of impervious surface, she may be required to install storm water management facilities; and WHEREAS, Renee Witt of 2647 Puckett Circle, Salem, business partner of Brenda Busic, appeared before the Council to explain the request; she stated that she and Ms. Busic hope to expand a business that is already flourishing in Salem; she stated they are supposed to close on the property tomorrow; she further stated that the proposed business is a tanning and nail salon; she stated that the existing home on the property was built in 1920, and they plan to honor that time period by keeping the furnishings and décor from the 1920’s; she further stated that they hope the business will be a place that people will want to visit to relax and enjoy; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, 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: all – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to consider an ITEM 4 ORDINANCE PASSED ON FIRST READING AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106- 226.4(A), 106-226.7(B), 106-226.7(C), AND 106- 226.8(A) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO THE FLOOD- PLAIN OVERLAY DISTRICT (FOD) 6 ordinance to amend Chapter 106, Article II District Regulations, Section 106-226.4(A), 106-226.7(B), 106- 226.7(C), and 106-226.8(A) of The Code of the City of Salem, Virginia, pertaining to the Floodplain Overlay District (FOD); and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 16 and 23, 2007, 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 August 15, 2007, recommended to the Council of the City of Salem that the amendments be approved; and WHEREAS, staff noted the following: the amendments to this ordinance are minor dealing with changing dates and names of State departments; the only major change is to Section 106-226.8(A) Existing Structures and Vacant Land; this section has been reworded to state that any “modification, alteration, repair, reconstruction or improvement” to a structure and/or use located in the flood plain to an extent or amount of 50 percent or more of its market value must comply fully with the Virginia Uniform Statewide Building Code; and the existing number (3) has been renumbered (4); and WHEREAS, Chuck Van Allman, City Engineer, appeared before the Council explaining the proposed ordinance amendments; he stated that the changes in the ordinance coincide with the flood maps that have 7 been re-done by FEMA; he stated that two to three years ago, Roanoke City and Roanoke County asked FEMA to cooperate in a Technical Cooperative Communities Program; he further stated that FEMA decided to re-do the flood maps for Roanoke County and since Salem is in the middle of Roanoke County, Salem was included even though officially Salem was not a part of it; he stated that the study involved using the same hydrology, using the same volumes, but FEMA used up- to-date contour information; basically what FEMA requires localities to do is that each time there is a change to the official flood map, it has to be noted in an ordinance before the map becomes effective; he stated that September 28, 2007, is the effective date of the new map; therefore, the ordinance needs to be amended; he stated that there are no major changes, most of the changes are names of specific divisions of DCR that have been changed; no technical specifications have changed and no laws have changed; the ordinance has just been updated; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II, SECTIONS 226.4(A), 226.7(B), 226.7(C), AND 226.8(A) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO FLOODPLAIN OVERLAY DISTRICT (FOD),” was duly passed on first reading -- the roll call vote: all – aye. 8 Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the North Oaks, Phase II Subdivision Project; and WHEREAS, Councilwoman Johnson, Vice-Chairwoman of Council’s Audit-Finance Committee, reported that after review, the City Engineer has agreed to allow the Phase I bond (just renewed) to continue for Phase II; the City Engineer requested this item be withdrawn; THEREUPON, said item was withdrawn. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Village at North Mill project; and WHEREAS, Councilwoman Johnson, Vice-Chairwoman of Council’s Audit-Finance Committee, reported that after review, the City Engineer requested that this item be withdrawn; THEREUPON, said item was withdrawn. Mayor Packett requested that Council receive a report regarding allocation of funds from the Enterprise Fund; and WHEREAS, Councilwoman Johnson, Vice-Chairwoman of Council’s Audit-Finance Committee, reported that due to the building and equipping of the City’s 10 MGD Water Treatment Facility on Tidewater Street, the Water Fund has Net Current Assets of ($5,235,002); in order to provide both the Water and Sewer Funds ITEM 5 ITEM WITHDRAWN BY CITY ENGINEER ITEM 7 TRANSFERS FROM THE ELECTRIC FUND TO OTHER FUNDS AUTHORIZED ITEM 6 ITEM WITHDRAWN BY CITY ENGINEER 9 $500,000 in cash in excess of current assets/current liabilities, this committee recommended a transfer of $3,160,000 from the Sewer Fund to the Water Fund and that $2,575,000 be transferred from the Electric Fund to the Water Fund; as a result of these transfers, both the Water Fund and the Sewer Fund would be better able to move forward financially while the Electric Fund would not be harmed in any significant way; due to several projects coming to a close, the Capital Projects Fund now requires $318,000 to complete the funding of the Salem High School Field, Solid Waste Transfer Station, Public Safety Building, Salem Stadium, and City Hall (all previously funded from the 2003 and 2006 bond issues); this Committee recommends transfers from the Electric Fund to other funds; these transfers are the most prudent way to meet obligations without putting an undue burden on the operating fund; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, a transfer of $3,160,000 from the Sewer Fund to the Water Fund; a transfer of $2,575,000 from the Electric Fund to the Water Fund; and a transfer of $318,000 from the Electric Fund to the Capital Projects Fund were hereby authorized -- the roll call vote: all – aye. Mayor Packett requested that Council consider approving the purchase of property as part of the Greenway Project; and WHEREAS, Chuck Van Allman, City Engineer, appeared before the Council and stated that while ITEM 8 APPROVAL TO PURCHASE PROPERTY LOCATED AT 700 E. RIVERSIDE DRIVE (T/M #232-2-11) AS PART OF THE GREENWAY PROJECT 10 negotiating for a greenway easement on the property located at 700 East Riverside Drive (Tax Map #232-2- 11), the property owner, Jessica Huffman, expressed an interest in the City buying this property; she wasn’t interested in the easement, she just wanted to sell the property; after a few phone calls, Ms. Huffman agreed to a $300 selling price; Mr. Van Allman stated that the City can use the property; he stated that it is basically flood plain and flood way property and is adjacent to two other City-owned properties; he further stated that the cost would be considered as part of the City’s 20 percent match to the Greenway Project, which is in addition to the 80 percent received from VDOT; he further stated that the monies would come from the Greenway Project funds; and WHEREAS, a discussion was held regarding uses for the property, the slope of the land, etc.; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the property City officials are hereby authorized to negotiate a contract for the purchase of the property located at 700 East Riverside Drive (Tax Map #232-2-11) for $300 was hereby approved with monies to come from the Unappropriated Balance in the budget -- the roll call vote: all – aye. There being no further business to come before the Council, the same on motion adjourned at 7:48 p.m.