HomeMy WebLinkAbout7/9/2007 - City Council - Minutes - Regular375R E S O L U T IO N 1 0 9 7W H E R E A S , t h e C ity o f S a le m o w n s a n d o p e r a te s its o w n e le c tr ic u t ilit y , r e g u la te d b y lo c a lly e le c te d o ffic ia ls o f t h e C ity fo r th e b e n e fit o f its re s id e n ts a n d b u s in e s s e s ; a n dW H E R E A S , t h e C ity o f S a le m e le c tr ic u t ilit y p ro v id e s r e lia b le s e rv ic e a t ra te s f o r C ity re s id e n ts t h a t a re c o m p e titiv e w ith o th e r m u n ic ip a l u t ilit ie s ; a n dW H E R E A S , t h e C ity h a s a d o p te d a " B o o k o f E le c tric R a te s " t h a t p ro v id e s f o r e le c tr ic c h a rg e s a n d o t h e r s p e c ia l te r m s a n d c o n d itio n s a p p lic a b le t o e le c tr ic c u s to m e rs o f t h e C ity ; a n dW H E R E A S , t h e C ity in te n d s t o a m e n d th is " B o o k o f E le c tric R a te s " b y r e a d o p tin g S c h e d u le R.S. (C o d e s 0 1 , 0 2 , 0 3 ), S c h e d u le S .W .S . (C o d e 0 6 ), S c h e d u le S.G .S. (C o d e 0 4 ), S c h e d u le M .G .S . (C o d e s 0 5 , 7 5 ), S c h e d u le L.G .S . (C o d e s 0 9 , 7 9 ), S c h e d u le L.P.S. - T .O .D . (C o d e s 5 0 , 5 1 ), S c h e d u le A .F .L .S . - T .O .D . (C o d e 5 6 ), S c h e d u le O .L. (C o d e s 0 7 , 0 8 , 3 1 , 3 2 , 3 3 , 3 4 , 3 7 , 3 8 , a n d 7 1 ), S c h e d u le T.S ., S c h e d u le - V ir g in ia S tre e t L ig h tin g R a te s , S c h e d u le P .A . (C o d e 5 0 ), S c h e d u le P .C .A ., a n d T e rm s a n d C o n d itio n s o f S e rv ic e ; N O W , T H E R E F O R E ,BE IT R E S O LV E D BY T H E C O U N C IL O F T H E C ITY O F S A L E M , V IR G IN IA , t h a t t h e C ity 's " B o o k o f E le c tric R a te s " is h e re b y a m e n d e d in c o m p lia n c e w ith t h e a b o v e c o d e s a n d te r m s a n d c o n d itio n s , c o p ie s o f w h ic h a re a tta c h e d , a n d t h a t t h e ra te s a re a d o p te d f o r u s e o n a ll e le c tr ic u t ilit y b ills re n d e r e d o n o r a f t e r A u g u s t 1, 2 0 0 7 .U p o n a c a ll f o r a n a y e a n d a n a y v o te , t h e s a m e s to o d as fo llo w s :B y ro n R. F o le y - A y e J o h n C h r is to p h e r C le m e n s - A y e J a n e W . J o h n s o n - A y e J o h n C. G iv e n s - A y e H o w a rd C. P a c k e tt - A y eM ayor Packett requested th a t Council consider setting bond fo r physical im provem ents and erosion and sedim ent control fo r the St. John Place project; andWHEREAS, Councilwoman Johnson, Chair o f Council's Audit-Finance Com m ittee, reported th a t the C om m ittee reviewed the perform ance bond fo r physical im provem ents and erosion and sedim ent control fo r the St. John Place and recom m ends setting bond at $11,726 w ith a tim e lim it o f tw elve (12) m onths fo r com pletion;ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the perform ance bond fo r physical im provem ents and erosion and sedim ent control fo r the St. John Place project was hereby set at $11,726 w ith a tim e lim it o f tw elve (12) m onths fo r com pletion -- the roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C. Givens - absent, and Howard C. Packett BO NDAN D TIM E UMITSETFOR PHYSICAL IMPROVEMENTS A N D EROSION A N D SEDIMENT CONTROL SET FOR ST.JOHN PLACE PROJECT- aye.M ayor Packett requested th a t Council receive the Abstract o f Votes cast at the Republican Primary held on June 12, 2007;THEREUPON, said Abstract o f Votes was received.A B S T R A C T O F V O T E S c a s t in t h e C ity o f S a le m , V irg in ia , a t t h e J u n e 1 2 , 2 0 0 7 , R e p u b lic a n P rim a ry E le c tio n , fo r :M E M B E R S E N A T E O F V IR G IN IA 2 2 nd D IS TR IC T.A B s rm c ro F VOTES CAST IN THEREPUBUG4N PRIMARY HELD O N JUNE 12,2007N a m e s o f C a n d id a te s as s h o w n o n B a llo t R a lp h K. S m ith J. B ra n d o n B e ll II T o ta l V o te s R e c e iv e d (in fig u re s ) 4 6 3 5 7 0T o ta l N u m b e r o f O v e rv o te s F o r O ffic e 0M ayor Packett requested th a t Council consider appointm ents to fill vacancies on various boards and commissions;ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Scott E. Gardner was hereby appointed to the Board of Appeals (International Code Council) as a fu ll-tim e m em ber to fill the unexpired term o f Thomas F. Farrell, Sr., said term expires January 1, 2009 -- the roll call vote: Byron R. Foley -aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C. Givens - absent, and Howard C. Packett - aye.There being no fu rth e r business to come before the Council, the same on m otion adjourned at 7:50 p.m.SGOTTE. GARDNER APPOINTED TO THE BOARD OF APPEALS (INTERNATIONAL GODECOUNOL) AS FULL-TIME M EM BER TO REPLACE WILLJAME. REYNOLDS
July 9, 2007
A regular m eeting o f the Council of the City of Salem, Virginia, was held in the Council Chambers, City Hall, 114
North Broad Street, on July 9, 2007, at 7:30 p.m., there being present all the members o f said Council, to w it: Howard
RESOLUTION 1097 WHEREAS, the City of Salem owns and operates its own electric utility, regulated by locally elected officials of the City for the benefit of its residents and businesses; and WHEREAS, the City of Salem electric utility provides reliable service at rates for City residents that are competitive with other municipal utilities; and WHEREAS, the City has adopted a "Book of Electric Rates" that provides for electric charges and other special terms and conditions applicable to electric customers of the City; and WHEREAS, the City intends to amend this "Book of Electric Rates" by readopting Schedule R.S . (Codes 01, 02, 03), Schedule S.W.S. (Code 06), Schedule S.G.S. (Code 04), Schedule M .G.S. (Codes 05, 75), Schedule L.G.S. (Codes 09, 79), Schedule L.P.S. -T.O.D. (Codes 50, 51), Schedule A .F.L.S . -T.O.D. (Code 56), Schedule O.L. (Codes 07, 08, 31, 32, 33, 34, 37, 38, and 71), Schedule T.S., Schedule -Virginia Street Lighting Rates, Schedule P.A . (Code SO), Schedule P.C.A., and Terms and Conditions of Service ; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the City's "Book of Electric Rates" is hereby amended in compliance with the above codes and terms and conditions, copies of which are attached, and that the rates are adopted for use on all electric utility bills rendered on or after August 1, 2007 . 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 setting bond for physical improvements and erosion and sediment control for the St. John Place project; and WHEREAS, Councilwoman Johnson, Chair of Council's Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the St. John Place and recommends setting bond at $11,726 with a time limit of twelve {12) months for completion; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the St. John Place project was hereby set at $11,726 with a time limit of twelve (12) months for completion --the roll call vote: Byron R. Foley -aye, John Christopher Clemens -aye, Jane W . Johnson -aye, John C. Givens -absent, and Howard C. Packett -aye. Mayor Packett requested that Council receive the Abstract of Votes cast at the Republican Primary held on June 12, 2007; THEREUPON, said Abstract of Votes was received. ABSTRACT OF VOTES cast in the City of Salem, Virginia, at the June 12, 2007, Republican Primary Election, for: MEMBER SENATE OF VIRGINIA 22 nd DISTRICT. Names of Candidates as shown on Ballot Ralph K. Smith J. Brandon Bell II Total Number of Overvotes For Office Total Votes Received (in figures) 463 570 0 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, Scott E. Gardner was hereby appointed to the Board of Appeals {International Code Council) as a full-time member to fill the unexpired term of Thomas F. Farrell, Sr., said term expires January 1, 2009 --the roll call vote: Byron R. Foleyaye, John Christopher Clemens -aye, Jane W. Johnson -aye, John C. Givens -absent, and Howard C. Packett -aye. There being no further business to come before the Council, the same on motion adjourned at 7:50 p.m. Mayor
July 9, 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 July 9, 2007, at 7:30 p.m., there being present all the members of said Council, to wit: Howard
375 BOND AND TIME UMrTSETFOR PHYSICAL IMPROVEMENTS ANDEROSK)N ANDSEDIMENT CONTROLSET FORST.JOHN PLACE PROJECT ABSTRACTOF VOTES CASTIN THE REPUBLICAN PRIMARY HELD ON JUNE 12, 2007 SCOTTE. GARDNER APPOINTED TO THEBOARDOF APPEALS (INTERNATIONAL CODE COUNOL) AS FULL-TIME MEMBERTO REPLACE WIWAME. REYNOLDS
C. Packett, John C. Givens, Jane W. Johnson, John Christopher Clemens, and Byron R. Foley; w ith Howard C. Packett,
M ayor, presiding; together w ith Forest G. Jones, City M anager; James E. Taliaferro, Assistant City Manager and Clerk
o f Council; M elinda J. Payne, D irector of Planning and Developm ent; W illiam L. Simpson, Assistant City Engineer; and
Stephen M. Yost, City A ttorney; and the follow ing business was transacted:
The m inutes o f the regular m eeting o f June 25, 2007, were approved as w ritten.
ORDINANCE
ADOPTED ON
SECOND
READING
REZONING THE
PROPERTY
LOCATED AT
730APPERSON
DRIVE (TAX
M AP #247-3-3)
FROM RSFTO
RB
M ayor Packett reported th a t Council at its regular m eeting held on June 25, 2007, passed an ordinance on first
reading rezoning the property o f G arrett P. Smith, property owner, located at 730 Apperson Drive (Tax Map #247-3-3)
from RSF Residential Single Family District to RB Residential Business District;
ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the
follow ing ordinance was duly passed and 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 Garrett P. Smith, property owner, being the property located at
730 Apperson Drive (Tax Map #247-3-3), be and the same is hereby changed from RSF Residential Single Family District to RB
Residential Business District, and the map referred to shall be changed in this respect and no other, said property being described as
follows:
BEGINNING at an iron pin on the south side of Apperson Drive (U. S. Route No. 11), at the northeast comer of Lot
5, Block 3, Section 1, Orchard Court (recorded in plat book 2, page 165, County of Roanoke), N/F Andre G. Perdue
(Instrument #050001493); thence with the west line of Perdue, S16° 58’ 00” W 260.70 feet to an iron pin at the
common comer to Perdue, N/F William Charles Folden (Deed Book 362, Page 261), and N/F American Legion Post
#3 (Deed Book 598, Page 541); thence along the lines of American Legion, N77° 14' 00” W. 80.91 feet to an iron
pin; thence N12° 46’ 00” E. 260.00 feet to an iron pin on the south side of U. S. Route 11; thence along the south
side of Apperson Drive (U. S. Route No. 11) S77° 14’ 00” E. 100.00 feet to the POINT OF BEGINNING;
containing 0.540 acre, and being situated in the City of Salem, Virginia.
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: July 9, 2007
Effective: July 19, 2007
'fkmlJ d ;)U^
Mayor d
ORDINANCE
ADOPTED ON
SECOND
READING
REZONING AN
APPROXIMATE
9.28-ACRE
PARCEL
LOCATED ON
POLAR LANE
(TAX M AP #10-1-
1) FROM AG TO
RSF
M ayor Packett reported th a t Council at its regular m eeting held on June 25, 2007, passed an ordinance on first
reading w ith voluntarily proffered conditions rezoning the property o f Frank C. Young Heirs, property owners, and M.
& G. LLC, contract purchaser, an approxim ate 9.28-acre parcel located on Polar Lane (Tax Map #10-1-1) from AG
Agricultural D istrict to RSF Residential Single Family District;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
the follow ing ordinance was duly passed and adopted on second reading:
A N O R D IN A N C E T O A M E N D S E C T IO N 1 0 6 -1 1 0 , A R T IC LE I, C H A P T E R 1 0 6 , O F T H E C O D E O F T H E CITY O F S A L E M , V IR G IN IA , R E L A T IN G
T O Z O N IN G A N D D IV ID IN G T H E C ITY IN T O B U IL D IN G D IS TR IC TS A N D E S T A B L IS H IN G D IS T R IC T B O U N D A R Y LIN ES O N T H E Z O N IN G M A P
O F T H E C ITY O F S A L E M , V IR G IN IA .
W H E R E A S , F ra n k C. Y o u n g H e irs , p r o p e r ty o w n e rs , a n d M . & G . L.L.C ., c o n tr a c t p u rc h a s e r, h a v e h e r e to fo r e p e titio n e d to
h a v e a n a p p r o x im a te 9 .2 8 -a c re p a rc e l lo c a te d o n P o la r L a n e (T a x M a p # 1 0 -1 -1 ),re z o n e d f r o m A G A g r ic u ltu r a l D is tr ic t, to RSF
R e s id e n tia l S in g le F a m ily D is tr ic t; a n d
W H E R E A S , in s a id p e titio n , M . & G . L.L.C ., c o n tr a c t p u rc h a s e r, d id v o lu n ta r ily p r o ffe r w r it t e n c o n d itio n s in a d d itio n to th e
re g u la tio n s p r o v id e d f o r in RSF R e s id e n tia l S in g le F a m ily D is tr ic t in to w h ic h th is p r o p e r ty is re q u e s te d t o b e re z o n e d ; a n d
W H E R E A S , C o u n c il h a s re v ie w e d t h e p ro p o s e d c o n d itio n s a n d is o f th e o p in io n t h a t t h e re q u e s te d re z o n in g w it h o u t th e
p ro p o s e d c o n d itio n s w o u ld n o t b e in t h e b e s t in te r e s ts o f t h e C ity a n d t h a t t h e c o n d itio n s p r o ffe r e d w ill m o r e c lo s e ly c o m p ly w ith
t h e in te n t o f t h e L a n d U s e P la n h e r e to fo r e a d o p te d ; a n d
W H E R E A S , C o u n c il h a s a d o p te d t h e p ro v is io n s o f C h a p te r 3 2 0 o f t h e 1 9 7 8 A c ts o f th e G e n e ra l A s s e m b ly o f V irg in ia , S e c tio n s
1 5 .2 -2 2 9 6 t h r o u g h 1 5 .2 -2 3 0 2 , r e la tin g t o c o n d itio n a l z o n in g ; a n d
W H E R E A S , t h e P la n n in g C o m m is s io n a t its re g u la r m e e tin g h e ld o n J u n e 1 3 , 2 0 0 7 , d id re c o m m e n d to C o u n c il a fte r h o ld in g a
p u b lic h e a rin g t h a t s u c h re z o n in g b e a p p ro v e d w ith th e v o lu n ta r ily p r o ffe r e d c o n d itio n s ; N O W , T H E R E F O R E ,
ORDINANCE
ADOPTEDON
SECOND
READING
REZONINGlHE
PROPERlY
LOCATEDAT
730APPERSON
DRIVE(TAX
MAP #247-3-3)
FROMRSFID
RB
ORDINANCE
ADOPTEDON
SECOND
READING
REZONINGAN
APPROXlrvtATE
9.28-ACRE
PARCEL
LOCATEDON
POLARLANE
(TAX MAP #10-1-
1) FROM AGID
RSF
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, Assistant City Manager and Cler k
of Council ; Melinda J. Payne, Director of Planning and Development; William L. Simpson , Assistant City Engineer; and
Stephen M. Yost, City Attorney; and the following business was transacted:
The minutes of the regular meeting of June 25 , 2007 , were approved as written .
Mayor Packett reported that Council at its regular meeting held on June 25 , 2007, passed an o r dinance on first
reading rezoning the property of Garrett P. Smith , property owner, located at 730 Appe r son Drive (Tax Map #247-3 -3)
from RSF Residential Single Family District to RB Residential Business Di strict ;
ON MOTION MADE BY COUNCILMAN CLEMENS , SECONDED BY VIC E MAYOR GIVENS , AND DULY CARRIED, the
following ordinance was duly passed and adopted on second r eading :
AN ORD INANCE TO AME ND SECTION 106-1 10, ARTICLE I , CHAP TER 106, OF THE CODE OF THE CITY OF SALE M ,
VIRGINI A , RELAT ING TO ZONIN G AND DI VIDING THE CITY I NTO BU I LD ING DI STRICTS AND ESTABLIS HIN G
DI ST RI CT BOUND ARY LI N ES ON T HE ZONIN G MAP OF THE CITY OF SALEM , VIRG INI A.
BE IT ORD AINE D BY T H E COUNCIL OF THE CITY OF SALEM , VI R GINI A , tha t Section 106-11 0 , Artic le I , Chap ter
106 of The Co de of the C ity of Sa lem , V irgi nia, re latin g to buildin g di stric t bo undary lines be ame nd ed in the fo ll owi ng pa rti c ul ar and
no o ther, v iz:
T hat th e fo ll owing describ ed pro perty in the C ity of Sa lem , of Garre tt P . Sm ith , p roperty owner, be ing the pro perty located at
730 Ap person Dri ve (Tax Map #247 -3-3), be and the same is hereb y c hanged from RSF R e s iden ti a l S ing le Fam il y Di strict to RB
Res id en tia l Bus iness Di strict , and the map referre d to sha ll be changed in thi s re spect a nd no other, sa id property be in g descri bed a s
fo llows :
Pa sse d :
BEG INNING at an iron pin on th e south s ide of Apperson D rive (U . S. Ro ut e No. 11 ), at th e northeast co m e r of Lot
5 , B lock 3 , Sectio n l , Orc hard Court (recorde d in p lat book 2 , page 165 , Co unt y of Roanoke), N/F Andre G . Perdu e
(Instrument #05000 14 93); th ence wit h the wes t line of Perdu e , S 16° 58 ' 00 " W 26 0 .70 feet to a n iro n p in at t he
co mm on co m er to Perdu e, N/F W ill iam Charles Fo lden (Deed Book 362 , Page 261), and N/F An1erica n Leg ion P ost
#3 (D eed Boo k 598 , Page 541 ); thence a lo ng th e li ne s of Ameri ca n Leg ion, N 77 ° 14 ' 00" W. 80 .91 feet to a n iro n
pin ; th ence N 12 ° 46' 00 " E. 260.00 feet to a n iron pin o n th e sout h s id e of U. S. Ro ut e 11 ; t he nce a lo ng th e so ut h
s id e o f Apperso n Driv e (U.S . Rout e N o . 11 ) S77 ° 14 ' 00" E. 100 .00 fee t to th e POINT OF BEG INNING ;
co nta ining 0 .54 0 acre , and being sit uated in th e City of Sa lem , Virgi ni a.
All ordin ances or part s of ord inances in co nfli ct wi th th e prov is ions of thi s ordin a nce b e and th e sa me are he reb y repea le d .
T hi s ordinanc e sha ll b e in full fo rce and effect ten (10) days after its fina l p assa ge .
Up on a call fo r an aye and a nay vo te , the same stoo d as fo ll ows:
Byro n R. Fo ley -Aye
Jo hn C hri stophe r C le me ns -Aye
Jan e W . John son -Aye
John C . G ive ns -Aye
Howard C. Pac ke tt -Aye
Effec ti ve:
Jul y 9 , 2007
Jul y 19 , 2007
~(I_-~
Mayor
Mayor Packett reported that Council at its regular meeting held on June 25, 2007, passed an ordinance on first
reading with voluntarily proffered conditions re zoning the p r operty of Frank C. Young Heirs, property owners, and M .
& G. LLC, contract purchaser, an approximate 9.28 -acre parcel located on Polar Lane (Tax Map #10-1-1) from AG
Agricultural District to RSF Residential Single Family District ;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
the following ordinance was duly passed and 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.
WHEREAS, Frank C. Young Heirs, property owne rs, and M . & G. L.L.C., contract purcha se r, have her etofor e petitioned to
have an approximate 9 .28 -acre parcel locat e d on Polar Lan e (Ta x Map# 10-1-1),rezoned from AG Ag r icultural Di strict, to RSF
Residential Single Family Di strict ; and
WHEREAS, in sa i d petition, M . & G. L.L.C., contract purchaser, did voluntarily proffer written condition s in addition t o the
regulations provided for in RSF Residential Single Family District into which thi s property i s requested to be rezoned ; and
WHEREAS, Council has r eviewed the proposed condition s and is of the opinion that th e r equested r ezoning without th e
proposed conditions would not be in the best interests of the City and that the condition s proffe r ed will more clo sely co m ply wi t h
the intent of the Land Use Plan heretofore adopted ; and
WHEREAS, Council has adopted the provisions of Chapter 320 of the 1978 Acts of the Gene r al As sembly of Virginia, Section s
15 .2-2296 through 15 .2-2302, relating to conditional zoning; and
WHEREAS, the Planning Commission at its regular meeting held on June 13, 2007 , did recommend to Council after holding a
public hearing that such rezoning be approved with the volunta r ily proffe r ed conditions ; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, th a t Section 106-110, Article I, Chapter 106, o f The
Code o f the City o f Salem, be amended, revised, and reordained to read as follow s and the map referred to shall be changed in this
respect and no other:
Section 1. That the follow ing described property in the City o f Salem, o f Frank C. Young Heirs, property
owners, and M. & G. L.L.C., contract purchaser, being an approxim ate 9.28-acre parcel located on
Polar Lane (Tax Map #10-1-1), be and the same is hereby changed from AG Agricultural District to
RSF Residential Single Family District, and the map referred to shall be changed in this respect
and no other, said property being described as follow s:
BEGINNING at a Point on the southeasterly intersection o f the Right-of-W ay line o f Polar
Lane and Interstate 81, being the northw esterly corner o f City o f Salem Tax Map
num ber 10-1-1; thence along the southerly Right-of-W ay line o f Interstate 81 the
follow ing: N74° 28' E, 162.43 feet to a point; thence N41° 10' E, 223.40 feet to a point;
thence N71° 26' E, 247.26 feet to a point; thence N88° 09' E, 101.54 feet to a point;
thence N58° 24' E, 102.45 feet to a point at the northw esterly corner o f the property of
R. L. & Virgie Ferris (Deed Book 514, Page 70); thence leaving the southerly Right-of-W ay
line o f Interstate 81 and continuing w ith the line o f said Ferris property the follow ing:
S36° 11' E, 178.62 feet to a point; thence N75° 27' 45" E, 227.32 feet to a point at the
northw esterly corner o f the property o f Russell F. & D orothy L. Bussey (Deed Book 472,
Page 20); thence leaving the line o f said Ferris property and continuing along the
w esterly line o f said Bussey property S21° 58' 20" E, 331.01 feet to a point on the
northerly Right-of-W ay line o f Polar Lane; thence leaving the line o f said Bussey
property and continuing along the northerly Right-of-W ay line o f Polar Lane the
follow ing: S63° 41' W, 675.76 feet to a point; thence N82° 04" W, 76.02 feet to a point
at the southerly corner o f the property o f Darwin D. Jorgensen & Cheryl R. Jorgensen-
Earp (Deed Book 187, Page 722); thence leaving the Right-of-W ay line o f Polar Lane and
continuing along the line o f said Jorgensen property the follow ing: N46° 18' E, 149.0
feet to a point; thence N42° 57" W, 167.7 feet to a point; thence S66° 30' W, 219.6 feet
to a point on the northeasterly Right-of-W ay line o f Polar Lane; thence leaving the line
o f said Jorgensen property and continuing w ith the northeasterly Right-of-W ay line of
Polar Lane the follow ing: N50° 27" w, 49.40 feet to a point; thence N56° 41' W, 296.30
feet to the Point o f Beginning containing 9.28 acres m ore or less and being the
rem aining southerly portion o f Tract 18, Hanging Rock Orchard (Plat Book 3, Page 92) as
shown on plat entitled "Survey fo r Frank C. Young et als" dated April 13, 1966, prepared
by T. P. Parker being referenced in Deed Book 2, Page 288 in the clerk's office o f the
circuit court o f the City o f Salem, Virginia.
Section 2. The follow ing requirem ents shall apply in addition to the regulations contained in Chapter 106 of
The Code o f the City o f Salem:
1. All lots shall m eet all zoning requirem ents including the m inim um road
frontage requirem ents;
2. Sight distance requirem ents shall be m et fo r the proposed intersection; and
3. Building requirem ents o f no vinyl, only brick and stone foundations,
architectural shingles, paved driveways, and stone and landscaped entranceway.
All ordinances or parts o f ordinances in conflict w ith the provisions o f 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 fo r an aye and a nay vote, the same stood as follow s:
Byron R. Foley - Aye
John Christopher Clemens - Aye
Jane W. Johnson - Aye
John C. Givens - Aye
Howard C. Packett - Aye
Passed: July 9, 2007
Effective: July 19, 2007
C,
M ayor
M a y o r P acket re p o rte d th a t C ouncil a t its re g u la r m e e tin g h e ld on June 25, 2007, h e ld a p u b lic h e a rin g to
c o n s id e r th e re q u e s t to p e rm a n e n tly va ca te W a tts S tre e t, an u n o p e n e d s tre e t b e tw e e n N o rth B ru ffe y S tre e t and Lake
A v e n u e ;a n d
W HEREAS, it w as n o te d th a t v ie w e rs w e re n o t a p p o in te d ; and
W HEREAS, V ice M a y o r G ivens q u e s tio n e d h o w th e p ro p e rty w o u ld be d iv id e d a m o n g th e p ro p e rty o w n e rs ;
and
ORDINANCE
PASSED ON
FIRST READING
PERMANENTLY
VACATING AND
CLOSING WATTS
STREET
W HEREAS, Je ff D orsey, a tto rn e y fo r th e p e titio n e rs , e xp la in e d h o w th e p ro p e rty w o u ld be d iv id e d ;
ON M O TIO N M A D E BY C O U N C ILM AN FOLEY, SECONDED BY C O U N C ILM AN CLEMENS, A N D DULY CARRIED, and
o rd in a n c e e n title d "A N ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 1 5 .2 -2 2 7 2 OF THE 1950
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 , be amended, revised, and reordained to read as follows and the map referred to shall be changed in this
respect and no other :
Passed :
Section 1.
Section 2.
That the following described property in the City of Salem, of Frank C. Young Heirs, property
owners, and M . & G. L.L.C., contract purchaser, being an approximate 9 .28 -acre parcel located on
Polar Lane (Tax Map #10-1-1), be and the same is hereby changed from AG Agricultural District to
RSF Residential Single Family District, and the map referred to shall be changed in this respect
and no other, said property being described as follows :
BEGINNING at a Point on the southeasterly intersection of the Right -of-Way line of Polar
Lane and Interstate 81, being the northwesterly corner of City of Salem Tax Map
number 10-1-1; thence along the southerly Right-of-Way line of Interstate 81 the
following : N74 ° 28' E, 162.43 feet to a point ; thence N41° 10' E, 223 .40 feet to a point ;
thence N71 ° 26' E, 247 .26 feet to a point ; thence N88 ° 09 ' E, 101 .54 feet to a point;
thence N58 ° 24' E, 102.45 feet to a point at the northwesterly corner of the property of
R. L. & Virgie Ferris (Deed Book 514, Page 70); thence leaving the southerly Right -of-Way
line of Interstate 81 and continuing with the line of said Ferris property the following :
536 ° 11' E, 178 .62 feet to a point; thence N75 ° 27' 45 " E, 227 .32 feet to a point at the
northwesterly corner of the property of Russell F. & Dorothy L. Bussey (Deed Book 472,
Page 20); thence leaving the line of said Ferris property and continuing along the
westerly line of said Bussey property 521 ° 58' 20 " E, 331.01 feet to a point on the
northerly Right-of-Way line of Polar Lane ; thence leaving the line of said Bussey
property and continuing along the northerly Right-of-Way line of Polar Lane the
following: 563 ° 41' W, 675.76 feet to a point; thence N82 ° 04 " W, 76 .02 feet to a point
at the southerly corner of the property of Darwin D. Jorgensen & Cheryl R. Jorgensen
Earp (Deed Book 187, Page 722); thence leaving the Right-of-Way line of Polar Lane and
continuing along the line of said Jorgensen property the following: N46 ° 18' E, 149 .0
feet to a point; thence N42 ° 57" W, 167 .7 feet to a point; thence 566° 30' W, 219 .6 feet
to a point on the northeasterly Right -of-Way line of Polar Lane ; thence leaving the line
of said Jorgensen property and continuing with the northeasterly Right -of-Way line of
Polar Lane the following : N50° 27 " w, 49.40 feet to a point ; thence N56 ° 41 ' W, 296.30
feet to the Point of Beginning containing 9.28 acres more or less and being the
remaining southerly portion of Tract 18, Hanging Rock Orchard (Plat Book 3, Page 92) as
shown on plat entitled "Survey for Frank C. Young et als" dated April 13 , 1966, prepared
by T. P. Parker being referenced in Deed Book 2, Page 288 in the clerk 's office of the
circuit court of the City of Salem, Virginia .
The following requirements shall apply in addition to the regulations contained in Chapter 106 of
The Code of the City of Salem:
1. All lots shall meet all zoning requirements including the minimum road
frontage requirements ;
2. Sight distance requirements shall be met for the proposed intersection ; and
3 . Building requirements of no vinyl, only brick and stone foundations,
architectural shingles, paved driveways, and stone and landscaped entranceway .
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
Effective :
July 9, 2007
July 19, 2007
~~ /Jaddtjl£
Mayor
Mayor Packet reported that Council at its regular meeting held on June 25, 2007, held a public hearing to
consider the request to permanently vacate Watts Street, an unopened street between North Bruffey Street and Lake
Avenue;and
WHEREAS, it was noted that viewers were not appointed; and
WHEREAS, Vice Mayor Givens questioned how the property would be divided among the property owners;
and
WHEREAS, Jeff Dorsey, attorney for the petitioners, explained how the property would be divided;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, and
ordinance entitled "AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15.2-2272 OF THE 1950
377
ORDINANCE
PASSEDON
RRST READING
PERMANENTLY
VACATING AND
QOSINGWATTS
STREET
CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING A PORTION OF A STREET, IN THE CITY OF SALEM,
VIRGINIA," was hereby passed on first reading: -- the roll call vote: Byron R. Foley - aye, John Christopher Clemens -
aye, Jane W. Johnson - aye, John C. Givens - aye, and Howard C. Packett - aye.
CONVEYANCE
AUTHORIZED OF
1.08-ACRE
PARCEL
LOCATED IN
ROANOKE
COUNTYTO
KOPPERS, INC
M ayor Packett reported th a t this date and tim e had been set to hold a public hearing to consider the
conveyance o f 1.08 acres (Roanoke County Parcel ID #055.03-02-10.01-000) o f City-owned property to Koppers, Inc.;
and
WHEREAS, the Clerk o f Council reported th a t notice o f such hearing had been published in the June 28, 2007,
issue o f the Salem Times-Register, a newspaper published and having general circulation in the City o f Salem; and
WHEREAS, the City A ttorney stated th a t in 1970 Koppers conveyed a 1.08-acre parcel to the City o f Salem in
Roanoke County adjacent to the Roanoke River to be used in conjunction w ith the w ater treatm ent plant constructed
nearby; he stated this property was actually the intake fo r the w ater; he fu rth e r stated th a t the deed stated th a t if the
City ceased to use the property fo r the w ater tre a tm e n t plant, the property w ould be deeded back to Koppers; he
stated th a t the City has ceased using the property as a w ater intake and as part o f the w ater treatm ent plant; he
fu rth e r stated th a t Koppers has requested th a t the City convey the property back to them per the agreem ent signed
in 1970; and
WHEREAS, no person(s) appeared in opposition to said conveyance;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
the City hereby authorizes the conveyance o f 1.08 acres in the County o f Roanoke (Roanoke County Parcel ID
#055.03-02-10.01-000) o f City-owned property to Koppers, Inc. per the agreem ent signed in 1970 — the roll call vote:
Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C. Givens - aye, and Howard C.
Packett - aye.
BOND AN D TIM E
UMITSETFOR
PHYSICAL
IMPROVEMENTS
A N D EROSION
A N D SEDIMENT
CONTROL FOR
THEROANOKE
COLLEGE
RESIDENCE HALL
PROJECT
BO NDANDT1M E
UMITSETFOR
PHYSICAL
IMPROVEMENTS
AN D EROSION
AN D SEDIMENT
CONTROL FOR
THE ALOUF OFFICE
BUILDING #2
CHARLES!
G W ALTNEYAND
JOSEPH KYLE, III,
REAPPOINTED TO
FAIR HOUSING
BOARD; JAM ESW .
THWEATT,JR.,
REAPPOINTEDTO
PERSONNEL
BOARD; AN D VICKI
DAULTON
REAPPOINTEDTO
THE PLANNING
COMMISSION
ANDNPDES
CITIZENS'
COMMITTEE
M ayor Packett requested th a t Council consider setting bond fo r physical im provem ents and erosion and
sedim ent control fo r the Roanoke College Residence Hall project; and
WHEREAS, Vice M ayor Givens, Chairman o f Council's Audit-Finance Com m ittee, reported th a t the C om m ittee
reviewed the perform ance bond fo r physical im provem ents and erosion and sedim ent control fo r the Roanoke
College Residence Hall project, and recom m ends bond be set at $13,255 w ith a tim e lim it fo r com pletion o f said
im provem ents o f tw elve (12) m onths;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
the perform ance bond fo r physical im provem ents and erosion and sedim ent control fo r the Roanoke College
Residence Hall project was hereby set at $13,255 w ith a tim e lim it fo r com pletion o f said im provem ents o f tw elve (12)
m onths -- the roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C.
Givens - aye, and Howard C. Packett - aye.
M ayor Packett requested th a t Council consider setting bond fo r physical im provem ents and erosion and
sedim ent control fo r the A louf Office Building #2 project; and
WHEREAS, Vice M ayor Givens, Chairman o f Council's Audit-Finance Com m ittee, reported th a t the C om m ittee
reviewed the perform ance bond fo r physical im provem ents and erosion and sedim ent control fo r the A louf Office
Building #2 project, and recom m ends bond be set at $8,547 w ith a tim e lim it fo r com pletion o f said im provem ents of
tw elve (12) m onths;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the
perform ance bond for physical im provem ents and erosion and sedim ent control fo r the A louf Office Building #2
project was hereby set at $8,547 w ith a tim e lim it fo r com pletion o f said im provem ents o f tw elve (12) m onths — the
roll call vote: the roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C.
Givens - aye, and Howard C. Packett - aye.
M ayor Packett requested th a t Council consider appointm ents to fill vacancies on various boards and
commissions;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED,
Charles T. Gwaltney and Joseph Kyle, III, were hereby reappointed to the Fair Housing Board for three-year term s,
said term s w ill expire July 1, 2010; James W. Thw eatt, Jr., was hereby reappointed to the Personnel Board fo r a tw o-
year term , said term w ill expire July 31, 2009; and Vicki Daulton was hereby reappointed to the Planning Commission
and the NPDES Citizens' C om m ittee fo r a four-year term , said term w ill expire July 26, 2011 -- the roll call vote: the
roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C. Givens - aye, and
Howard C. P a cke tt-a ye .
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
in accordance w ith Section 2.2-3711 A. o f the Code o f Virginia, 1950 as am ended to date, Council convened to Closed
Session at 7:45 p.m. fo r the purpose o f discussing the follow ing specific m atter:
CLOSED
SESSION FOR
PROPERTYTHE
CITY M AY W ISH
TO SELL
CONVEYANCE
AUTHORIZED OF
1.CE-ACRE
PARCEL
LOCATEDIN
ROANOKE
COUNTYTO
KOPPERS, INC
BONDANDTlME
UMrrSETFOR
PHYSICAL
IMPROVEMENTS
ANDEROSION
ANDSEDIMENT
CONTROLFOR
THEROANOKE
COLlfGE
RESIDENCE HALL
PROJECT
BONDANDTlME
UMrrSETFOR
PHYSICAL
IMPROVEMENTS
ANDEROSION
AND SEDIMENT
CONTROLFOR
THEALOUFOFRCE
BUILDING#2
G-lARLEST.
GWALTNEY AND
.K)SEPH KYLE, 111,
REAPPOINTED TO
FAIR HOUSING
BOARD;..IAMES W.
THWEATT,JR,
REAPPOINTED TO
PERSONNEL
BOARD;ANDVIO<I
DAULTON
REAPPOINTED TO
THE PLANNING
COMMISSION
ANDNPDES
OTIZENS'
COMMrrTEE
CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING A PORTION OF A STREET, IN THE CITY OF SALEM,
VIRGINIA," was hereby passed on first reading: --the roll call vote: Byron R. Foley-aye, John Christopher Clemens
aye, Jane W. Johnson -aye, John C. Givens -aye, and Howard C. Packett -aye.
Mayor Packett reported that this date and time had been set to hold a public hearing to consider the
conveyance of 1.08 acres (Roanoke County Parcel ID #055.03-02-10.01-000) of City-owned property to Koppers, Inc.;
and
WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the June 28, 2007,
issue of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and
WHEREAS, the City Attorney stated that in 1970 Koppers conveyed a 1.08-acre parcel to the City of Salem in
Roanoke County adjacent to the Roanoke River to be used in conjunction with the water treatment plant constructed
nearby; he stated this property was actually the intake for the water; he further stated that the deed stated that if the
City ceased to use the property for the water treatment plant, the property would be deeded back to Koppers; he
stated that the City has ceased using the property as a water intake and as part of the water treatment plant; he
further stated that Koppers has requested that the City convey the property back to them per the agreement signed
in 1970; and
WHEREAS, no person(s) appeared in opposition to said conveyance;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED,
the City hereby authorizes the conveyance of 1.08 acres in the County of Roanoke (Roanoke County Parcel ID
#055.03-02-10.01-000) of City-owned property to Koppers, Inc. per the agreement signed in 1970 --the roll call vote:
Byron R. Foley-aye, John Christopher Clemens -aye, Jane W. Johnson -aye, John C. Givens -aye, and Howard C.
Packett -aye .
Mayor Packett requested that Council consider setting bond for physical improvements and erosion and
sediment control for the Roanoke College Residence Hall 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 Roanoke
College Residence Hall project, and recommends bond be set at $13,255 with a time limit for completion of said
improvements of twelve (12) months;
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 Roanoke College
Residence Hall project was hereby set at $13,255 with a time limit for completion of said improvements of twelve (12)
months --the roll call vote: Byron R. Foley-aye, John Christopher Clemens -aye, Jane W. Johnson -aye, John C.
Givens -aye, and Howard C. Packett -aye.
Mayor Packett requested that Council consider setting bond for physical improvements and erosion and
sediment control for the Alouf Office Building #2 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 Alouf Office
Building #2 project, and recommends bond be set at $8,547 with a time limit for completion of said improvements of
twelve (12} months;
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 the Alouf Office Building #2
project was hereby set at $8,547 with a time limit for completion of said improvements of twelve (12) months --the
roll call vote: the roll call vote: Byron R. Foley -aye, John Christopher Clemens -aye, Jane W. Johnson -aye, John C.
Givens -aye, and Howard C. Packett -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 FOLEY, AND DULY CARRIED,
Charles T. Gwaltney and Joseph Kyle, Ill, were hereby reappointed to the Fair Housing Board for three-year terms,
said terms will expire July 1, 2010; James W. Thweatt, Jr., was hereby reappointed to the Personnel Board for a two
year term, said term will expire July 31, 2009; and Vicki Daulton was hereby reappointed to the Planning Commission
and the NPDES Citizens' Committee for a four-year term, said term will expire July 26, 2011 --the roll call vote : the
roll call vote: Byron R. Foley -aye, John Christopher Clemens -aye, Jane W. Johnson -aye, John C. Givens -aye, and
Howard C. Packett -aye.
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, QOSED
in accordance with Section 2.2-3711 A. of the Code of Virginia, 1950 as amended to date, Council convened to Closed SESSION FOR
Session at 7:45 p.m. for the purpose of discussing the following specific matter : PROPERlYTHE
OTYMAYWISH
TOSEli
37?
1. Discussion o f property the City may wish to sell, which is authorized by Section 2.2-3711 A. 3. o f the
Code o f Virginia, 1950 as amended to date; and
— the roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye, Jane W. Johnson - aye, John C. Givens -
aye, and Howard C. Packett - aye.
Upon reconvening at 8:20 p.m.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, in
accordance w ith Section 2.2-3712 D. o f the Code o f Virginia, 1950 as am ended to date, Council hereby certifies that in
Closed Session only item s law fully exem pted from open m eeting requirem ents under the Virginia Freedom of
Inform ation Act and only such item s identified in the m otion by which the Closed Session was convened w ere heard,
discussed, or considered by the Council - the roll call vote: Byron R. Foley - aye, John Christopher Clemens - aye,
Jane W. Johnson - aye, John C. Givens - aye, and Howard C. Packett - aye.
There being no fu rth e r business to come before the Council, the same on m otion adjourned at 8:21 p.m.
July 23, 2007
A regular m eeting o f the Council o f the City o f Salem, Virginia, was held in the Council Chambers, City Hall, 114
N orth Broad Street, on July 23, 2007, at 7:30 p.m., there being present the follow ing m em bers o f said Council, to w it:
Howard C. Packett, John C. Givens, John Christopher Clemens, and Byron R. Foley (Jane W. Johnson - absent); w ith
Howard C. Packett, M ayor, presiding; together w ith Forest G. Jones, City Manager; Krystal M. Coleman, Deputy Clerk
o f Council; M elinda J. Payne, Director of Planning and Developm ent; Charles E. Van Allm an, Jr., City Engineer; and
Stephen M. Yost, City A ttorney; and the follow ing business was transacted:
The m inutes o f the regular m eeting o f July 9, 2007, w ere approved as w ritte n.
The report by the City M anager o f the City's activities fo r the m onth o f June 2007 was received and ordered
filed.
M ayor Packett reported th a t Council at its regular m eeting held on July 9, 2007, passed an ordinance on first
reading to perm anently vacate W atts Street, an unopened street between N orth Bruffey Street and Lake Avenue;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the
follow ing ordinance was duly passed and adopted on second reading:
A N O R D IN A N C E E N A C T E D P U R S U A N T T O T H E P R O V IS IO N S O F S E C T IO N 1 5 .2 -2 2 7 2 O F T H E 1 9 5 0 C O D E O F V IR G IN IA , AS A M E N D E D ,
P R O V ID IN G FO R V A C A T IN G A P O R T IO N O F A STREET, IN T H E CITY O F S A L E M , V IR G IN IA .
W H E R E A S , a n a p p lic a tio n h a s b e e n file d w ith t h e C o u n c il o f t h e C ity o f S a le m p u r s u a n t t o t h e p ro v is io n s o f t h e a fo re s a id
S e c tio n 1 5 .2 -2 2 7 2 r e q u e s tin g t h a t a c e r ta in u n o p e n e d s tr e e t, k n o w n as W a tts S tre e t, s itu a te in t h e C ity o f S a le m , V irg in ia , w h ic h is
a p p r o x im a te ly 2 9 0 fe e t in le n g th , a n d 5 0 fe e t in w id th , r u n n in g in a n e a s t-w e s t d ir e c tio n fr o m N o r th B r u ffe y S tre e t in to L a k e A v e n u e
a n d lo c a te d d ir e c tly b e tw e e n t h e p r o p e r ty o w n e d b y S c o tt A . D a m e w o o d a n d B e v e rly D a m e w o o d (T a x M a p N o . 1 0 2 -5 -8 ), C la u d in e
W . R e e s e (T a x M a p N o . 1 0 2 -6 -2 ), Ire n e W o lfe n b a r g e r (T a x M a p N o . 1 0 2 -6 -7 ), a n d J im m ie R. T h o m p s o n (T a x M a p N o . 1 0 2 -5 -4 ), a n d is
n o t o p e n o n t h e g r o u n d , b e v a c a te d , s a id a p p lic a tio n file d b y S c o tt A . a n d B e v e rly D a m e w o o d , C la u d in e W . R e e se , a n d Ire n e
W o lfe n b a r g e r , a ll o f w h o m o w n p r o p e r tie s a d ja c e n t to s a id s tr e e t; a n d
ORDINANCE
ADOPTED
PERMANENTLY
VACATING
WATTS STREET,
AN UNOPENED
STREET
BETWEEN N.
BRUFFEY STREET
A N D LAKE
AVENUE
W H E R E A S , C o u n c il is o f t h e o p in io n t h a t n o in c o n v e n ie n c e w o u ld r e s u lt t o a n y o n e fr o m p e r m a n e n tly v a c a tin g a n d
d is c o n tin u in g t h a t s tr e e t a fo r e m e n tio n e d , a n d is n o t o p e n o n th e g r o u n d , a n d t h a t n o v ie w e rs a re r e q u ir e d in th is a c tio n ; a n d
W H E R E A S , p u r s u a n t to C o d e S e c tio n 1 5 .2 -2 2 7 2 , a p u b lic n o tic e h a s b e e n p u b lis h e d in th e S a le m T im e s R e g is te r, a
n e w s p a p e r p u b lis h e d a n d h a v in g g e n e ra l c ir c u la tio n in t h e C ity o f S a le m , V irg in ia , s u c h p u b lic a tio n h a v in g b e e n m a d e tw ic e , w ith a t
le a s t s ix d a y s e la p s in g b e tw e e n th e f ir s t a n d s e c o n d p u b lic a tio n , t o w it: o n J u n e 7 , 2 0 0 7 , a n d J u n e 1 4 , 2 0 0 7 , a n d s u c h n o tic e
s p e c ifie d t h e t im e a n d p la c e o f h e a rin g , t o w it: o n J u n e 2 5 , 2 0 0 7 , a t 7 :3 0 p .m . in t h e C ity o f S a le m C o u n c il C h a m b e rs , a t w h ic h tim e
p e rs o n s a ffe c te d m a y a p p e a r a n d p re s e n t t h e ir v ie w s , a ll o f w h ic h is s h o w n b y a C e r tific a te o f P u b lic a tio n e x e c u te d b y t h e S a le m
T im e s R e g is te r a n d file d w ith t h e p a p e rs in th is p r o c e e d in g ; a n d
W H E R E A S , p r o p e r n o tic e h a s b e e n g iv e n t o t h e la n d p r o p r ie to r s a lo n g th e s tr e e t a ffe c te d b y t h e c lo s in g ; a n d
W H E R E A S , th is C o u n c il, a fte r c o n s id e rin g th e e v id e n c e p re s e n te d , is o f th e o p in io n t h a t v a c a tin g , d is c o n tin u in g a n d c lo s in g
o f t h e a fo re s a id s tr e e t w ill n o t a b r id g e o r d e s tro y a n y o f th e rig h ts o f p riv ile g e s o f a n y p e rs o n , a n d t h a t n o in c o n v e n ie n c e w o u ld
r e s u lt t o a n y o n e th e r e f r o m , a n d it is f u r t h e r o f t h e o p in io n t h a t th e m o tio n s h o u ld b e g r a n te d ; N O W , T H E R E F O R E ,
BE IT O R D A IN E D BY T H E C O U N C IL O F T H E C ITY O F S A L E M , V IR G IN IA , t h a t c e r ta in s tr e e t m o r e fu lly d e s c rib e d b e lo w , b e
p e r m a n e n tly v a c a te d , d is c o n tin u e d a n d c lo s e d as p r o v id e d b y S e c tio n 1 5 .2 -2 2 7 2 o f t h e 1 9 5 0 C o d e o f V irg in ia , as a m e n d e d t o d a te ,
a n d , in a c c o rd a n c e w ith t h e la w in s u c h c a s e s m a d e a n d p ro v id e d , t it le t o s a id la n d is h e r e b y v e s te d in t h e p e titio n e r s h e r e in , w h o
a re t h e a d jo in in g p r o p e r ty o w n e rs , as p r o v id e d b y la w , a n d t h a t t h e p o r tio n o f t h e p r o p e r ty t h a t is v a c a te d t h a t la y b e tw e e n th e
c u r r e n t p r o p e r ty o f t h e p e t it io n e r C la u d in e W . R e e s e a n d J im m ie R. T h o m p s o n b e e q u a lly d iv id e d b e tw e e n th o s e t w o la n d o w n e rs ,
a n d t h a t t h e p o r tio n o f t h e p r o p e r ty t h a t la y b e tw e e n t h e c u r r e n t p r o p e r ty o f t h e p e titio n e r s S c o tt a n d B e v e rly D a m e w o o d a n d th e
p e t it io n e r Ire n e W o lfe n b a r g e r b e v e s te d s o le ly t o th e p e titio n e r s S c o tt a n d B e v e rly D a m e w o o d , in a c c o rd a n c e w ith th e d e s ire s o f
Ire n e W o lfe n b a r g e r as e v id e n c e d in t h e p e titio n .
1. Discussion of property the City may wish to sell, which is authorized by Section 2.2-3711 A. 3. of the
Code of Virginia, 1950 as amended to date; and
--the roll call vote : Byron R. Foley-aye, John Christopher Clemens -aye, Jane W . Johnson -aye, John C. Givens -
aye , and Howard C. Packett -aye .
Upon reconvening at 8:20 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 considered by the Council --the roll call vote: Byron R. Foley -aye, John Christopher Clemens -aye,
Jane W. Johnson -aye, John C. Givens -aye, and Howard C. Packett -aye.
There being no further business to come before the Council, the same on motion adjourned at 8:21 p.m.
Mayor
July 23, 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 July 23, 2007, at 7:30 p .m., there being present the following members of said Council, to wit:
Howard C. Packett, John C. Givens, John Christopher Clemens, and Byron R. Foley (Jane W. Johnson -absent); with
Howard C. Packett, Mayor, presiding; together with Forest G. Jones, City Manager; Krystal M . Coleman, Deputy Clerk
of Council; Melinda J. Payne, Director of Planning and 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 July 9, 2007, were approved as written.
The report by the City Manager of the City's activities for the month of June 2007 was received and ordered
filed .
Mayor Packett reported that Council at its regular meeting held on July 9, 2007, passed an ordinance on first
reading to permanently vacate Watts Street, an unopened street between North Bruffey Street and Lake Avenue ;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS , AND DULY CARRIED, the
following ordinance was duly passed and adopted on second reading:
AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15 .2-2272 OF THE 1950 CODE OF VIRGINIA, AS AMENDED,
PROVIDING FOR VACATING A PORTION OF A STREET, IN THE CITY OF SALEM, VIRGINIA .
WHEREAS, an application has been filed with the Council of the City of Salem pursuant to the provisions of the aforesaid
Section 15.2-2272 requesting that a certain unopened street , known as Watts Street, situate in the City of Salem , Virginia, which is
approximately 290 feet in length , and 50 feet in width, running in an east -west direction from North Bruffey Street into Lake Avenue
and located directly between the property owned by Scott A . Damewood and Beverly Damewood (Tax Map No . 102 -5-8), Claudine
W . Reese (Tax Map No . 102-6 -2), Irene Wolfenbarger (Tax Map No . 102-6-7), and Jimmie R. Thompson (Tax Map No . 102 -5-4), and i s
not open on the ground, be vacated , said application filed by Scott A. and Beverly Damewood , Claudine W . Reese , and Irene
Wolfenbarger, all of whom own properties adjacent to said street; and
WHEREAS, Council is of the opinion that no inconvenience would result to anyone from permanently vacating and
discontinuing that street aforementioned, and is not open on the ground, and that no viewers are required in thi s action ; and
WHEREAS, pursuant to Code Section 15 .2-2272 , a public notice has been publi shed in the Salem Time s Register, a
newspaper publi shed and having general circulation in the City of Salem, Virginia, such publication having been made twice, with at
least six days elapsing between the first and second publication, to wit : on June 7, 2007, and June 14, 2007, and such notice
specified the time and place of hearing, to wit : on June 25, 2007, at 7:30 p .m . in the City of Salem Council Chambers, at which time
persons affected may appear and present their views, all of which is shown by a Certificate of Publication executed by the Salem
Times Register and filed with the papers in this proceeding ; and
WHEREAS , proper notice has been given to the land proprietors along the street affected by the closing ; and
WHEREAS, this Council , after considering the evidence presented , is of the opinion that vacating, discontinuing and closing
of the aforesaid street will not abridge or destroy any of th e rights of privileges of any person, and that no inconvenience would
result to anyone therefrom , and it is further of the op i nion that the motion should be granted ; NOW, THEREFORE ,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that certain street more fully described below, be
permanently vacated , discontinued and closed as provided by Section 15 .2-2272 of the 1950 Code of Virginia, as amended to date,
and , in accordance with the law in such cases made and provided , title to said land is hereby vested in the petitioners herein, who
are the adjoining property owners, as provided by law, and that the portion of the property that is vacated that lay between the
current property of the petitioner Claudine W . Reese and Jimmie R. Thompson be equally divided between those two landowners,
and that the portion of the property that lay between the current property of the petitioners Scott and Beverly Damewood and the
petitioner Irene Wolfenbarger be vested solely to the petitioners Scott and Beverly Damewood, in accordance with the de sires of
Irene Wolfenbarger as evidenced in the petition .
ORDINANCE
AOOPTED
PERMANENTLY
VACATlNG
WATTS STREET,
AN UNOPENED
STREET
BETWEENN.
BRUFFEYSTREET
ANDIAKE
AVENUE