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HomeMy WebLinkAbout2/27/2006 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING February 27, 2006 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 13, 2006, at 7:30 p.m., there being present all the members of said Council, to wit: Carl E. Tarpley, Jr., Howard C. Packett, John C. Givens, Jane W. Johnson, and John Christopher Clemens; with Carl E. Tarpley, Jr., 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 Development; Charles E. Van Allman, City Engineer; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of February 13, 2006, were approved as written. The report by the Director of Finance of the City’s financial status for a six-month period ending December 31, 2005, was received and ordered filed. The report by the City Manager of the City’s activities for the month of January 2006 was received and ordered filed. It was noted that Tracy Coe, EMS Supervisor, was present at this meeting of Council as part of the City’s Leadership Development Program. Mayor Tarpley requested that Council receive a presentation from Phillip F. Sparks, Director, Roanoke ITEM 1 PRESENTATION FROM PHILLIP F. SPARKS, DIRECTOR, ROANOKE VALLEY ECONOMIC DEVELOPMENT PARTNERSHIP, CONTINUED TO MARCH 27, 2006, MEETING. 2 Valley Economic Development Partnership; and WHEREAS, Phil Sparks has requested the presentation be continued until the March 27, 2006, meeting of Council; THEREUPON, said presentation was continued until the March 27, 2006, meeting. Mayor Tarpley reported that this date and time has been set to hold a public hearing to consider the request of Thomas H. and Barbara G. Eldridge, property owners, and JKL, LLC, contract purchaser, for rezoning the property located at 1628 South Colorado Street (Tax Map #245-1-8) from RSF Residential Single Family District to LM Light Manufacturing District; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the February 9 and 16, 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 February 15, 2006, recommended to the Council of the City of Salem that the rezoning be approved; and WHEREAS, staff noted the following: the proposed site is approximately 0.616 acres and is situated southwest of the property located at 221 South Yorkshire Street; currently there are two tenants occupying the building: JDSU (formerly Acterna Company) and Accellent (formerly Noble MET); JDSU is involved in research, development, and design for the ITEM 2 ORDINANCE PASSED ON FIRST READING REZONING PROPERTY OF THOMAS H. AND BARBARA G. ELDRIDGE, PROPERTY OWNERS, AND JKL, LLC, CONTRACT PURCHASER, LOCATED AT 1628 SOUTH COLORADO STREET (TAX MAP #245-1- 8) FROM RSF TO LM. 3 telecommunications industry; Accellent manufactures biomedical and electronic micro-tubes used for surgery; the contract purchaser is proposing an expansion to the existing building in order to accommodate the growth of the current businesses; with the expansion of the building, additional parking will be necessary; consequently, JKL, LLC is proposing to purchase a portion of the property to the rear to accommodate this parking addition; since the 0.616- acre parcel, which is vacant land, is zoned RSF, the zoning would need to be changed to LM; and the vacation and combination plat included with the submittal can be approved administratively by City staff once the property has been rezoned; and WHEREAS, Jack Ellinwood with Engineering Concepts, representing JKL, LLC, appeared before the Council explaining the proposed request; and WHEREAS, Councilman Givens questioned if the expansion would require a large amount of fill; and WHEREAS, Mr. Ellinwood explained that the area for the expansion is west of where Councilman Givens was talking about, and would not require a significant amount of fill; and WHEREAS, Vice Mayor Packett stated that the current elevation on the property was done when it was originally developed; and WHEREAS, Mr. Ellinwood stated there are some easements that already exist within the industrial park, storm water management and easements; and 4 WHEREAS, Councilman Clemens stated the rezoning is for twenty parking places and for the buffer; and WHEREAS, Mayor Tarpley questioned if the buffer needed to be a proffered condition, or if it was a restriction in the deed; and WHEREAS, the City Attorney stated that it was mentioned as part of the deal, and that the buffer is required as part of the City’s Zoning Ordinance; and WHEREAS, Vice Mayor Packett stated that screening was discussed at the Planning Commission meeting, and questioned if the issue has been resolved; and WHEREAS, Mr. Ellinwood stated that City staff went over the requirements after the Planning Commission meeting, and the issue has been resolved; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR PACKETT, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” was duly passed on first reading -– the roll call vote: all aye. Mayor Tarpley requested that Council consider the request of RLD, LTD, a Virginia Corporation (Tax Map #34-2-40) for the City to grant an easement for ITEM 3 EASEMENT APPROVED FOR RLD, LTD, A VIRGINIA CORPORATION (TAX MAP # 34-2-40) ON KESLER MILL ROAD. 5 ingress and egress across City of Salem property located on Kesler Mill Road (Hanging Rock Trail); and WHEREAS, the Clerk of Council reported that notice of such request had been published in the February 19, 2006, issue of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Patrick Hogan, President of RLD Limited, appeared before the Council explaining the proposed request; he stated that he is requesting an ingress and egress easement for Lot 1; Lot 2 already has an easement and it is not sure if the easement was recorded; he stated it would be the same as the other easements along Kesler Mill Road; and WHEREAS, Mayor Tarpley stated that cars are not allowed to park on the easement; and WHEREAS, Mr. Hogan stated that would not be an issue for this easement due to the elevation of the property; and WHEREAS, Mayor Tarpley stated that the City Manager and the Assistant City Manager would like something to be written into the easement request that would give more protection, and asked the City Attorney if there would be a problem; and WHEREAS, the City Attorney stated that the City has standard provisions that need to be met in order for the easement to be granted; and WHEREAS, Mayor Tarpley questioned if the provisions covered everything that was discussed; and 6 WHEREAS, the Assistant City Manager requested that a provision stating that no parking within the easement on the trail be included in the standard provisions; and WHEREAS, Mr. Hogan stated he did not have a problem with that condition; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND DULY CARRIED, the request of RLD, LTD, a Virginia Corporation (Tax Map #34-2-40) for the City to grant an easement for ingress and egress across City of Salem property located on Kesler Mill Road (Hanging Rock Trail) was approved subject to the conditions discussed -– the roll call vote: all aye. Mayor Tarpley reported that this date and time has been set to hold a public hearing to consider authorizing the issuance of up to $25,000,000 in electric public improvement bonds; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the February 13 and 20, 2006, issues of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem, and WHEREAS, Frank Turk, Director of Finance, appeared before the Council to explain the need for the issuance of up to $25,000,000 General Obligation Public Improvement Bonds to be used for the upgrade of ITEM 4 ORDINANCE PASSED ON FIRST READING AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AMOUNT NOT TO EXCEED $25,000,000 7 the City’s Electric Department; Mr. Turk stated that approximately one year ago Council approved a contract to improve the City’s Electric Distribution System, which includes two new substations and improvement to two other substations in the amount of $10,000,000 plus an additional $2,000,000 for transmission improvements on or around those substations; Mr. Turk stated that approximately two and one-half years ago, Council adopted a Resolution authorizing the City to proceed with the improvements and then reimburse the City with bonds; Mr. Turk stated that the Electric Distribution System improvements are the first major improvements to the system since the early 1980’s; Mr. Turk stated that the buildings where the Electric Department is currently located are very old (one building is over 100 years old) and in need of repair, and he further discussed the need for a warehouse/ storage facility to store equipment out of the weather; he stated that the old water plant on the corner of Fourth and Main Streets will be torn down, most of the old Electric buildings will be torn down, and the new facility will be built in its place and will house the administration, SCADA system, and all engineering components of the electric distribution system; the estimated cost for the construction of a new administration/warehouse facility is between eleven and twelve million dollars; and the bond issue is to provide funding for both projects; and 8 WHEREAS, Mayor Tarpley questioned how much the City borrowed in the 1980’s for the last improvements; and WHEREAS, Mr. Turk stated it was between twelve and thirteen million dollars; and WHEREAS, Councilman Clemens asked if the money borrowed with that bond issue will be paid off; and WHEREAS, Mr. Turk stated the last of those bonds will be paid off this year and the new debt service will begin; and WHEREAS, Councilman Clemens stated that the City’s debt ratio will remain the same; and WHEREAS, Mr. Turk stated this bond issue will be paid for from electric revenue, this debt will not be paid for by an increase in taxes; and WHEREAS, the City Manager stated that this is a 25-year bond, which is the same thing that was done with the new water treatment plant; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled “ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AMOUNT NOT TO EXCEED $25,000,000,” was duly passed on first reading -- the roll call vote: all aye. Mayor Tarpley requested that Council consider a lease between the City of Salem and Dishaw-Rotanz ITEM 5 LEASE BETWEEN THE CITY OF SALEM AND DISHAW-ROTANZ JOINT REAL ESTATE, A VIRGINIA PARTNERSHIP, FOR PROPERTY ON CALHOUN STREET (TAX MAP #107-6-5) APPROVED 9 Joint Real Estate, a Virginia Partnership, for property on Calhoun Street designated at Tax Map #107- 605; and WHEREAS, the Clerk of Council reported that a public hearing was held at the December 12, 2005, meeting of Council; and WHEREAS, Bob Rotanz, 313 North Broad Street, co- owner of Mac ‘n Bob’s Restaurant, appeared before the Council and stated he would like to put an addition on the back of the restaurant and he would lose approximately eight parking spaces on his lot; he stated he talked to the City Manager last year about leasing the property adjacent to the refurbished Roanoke County building; he stated the addition to the restaurant would add approximately ninety more seats; therefore, additional parking is needed; he stated there is a creek that runs through the two parcels he wanted to lease and he is unsure what can be done so that both parcels can be utilized; therefore, he is requesting to lease the back parcel to be turned into a parking lot; and WHEREAS, Councilman Clemens asked if he was going to cover the stream; and WHEREAS, Mr. Rotanz stated that may be a possibility in the future, but at this time, he plans to construct the parking lot right next to the stream, which would create an additional twenty parking spaces; and WHEREAS, no other person(s) appeared related to this request; 10 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, a lease between the City of Salem and Dishaw-Rotanz Joint Real Estate, a Virginia Partnership, for property on Calhoun Street designated as Tax Map #107-6-5 was approved and City Administration is authorized to execute such lease – the roll call vote: all aye. Mayor Tarpley requested that Council consider setting a performance bond and time limit for erosion and sediment control for Salem Terrace at Harrogate; and WHEREAS, Vice Mayor Packett, Chairman of Council’s Audit-Finance Committee, reported that the Committee concurs with the Engineering Department in setting the performance bond for erosion and sediment control for Salem Terrace at Harrogate at $16,744 with a time limit for completion of twelve months; ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND DULY CARRIED, the performance bond was hereby set at $16,744 for erosion and sediment control for Salem Terrace at Harrogate with a time limit for completion of twelve months -- the roll call vote: all aye. Mayor Tarpley requested that Council consider the request of the Electoral Board of the City of Salem for a bailout from coverage under the special provisions of the Voting Rights Act; and ITEM 6 PERFORMANCE BOND AND TIME LIMIT SET FOR EROSION AND SEDIMENT CONTROL FOR SALEM TERRACE AT HARROGATE ITEM 7 BAILOUT FROM COVERAGE UNDER THE SPECIAL PROVISIONS OF THE VOTING RIGHTS ACT APPROVED 11 WHEREAS, Dana Oliver, Registrar of the City of Salem, appeared before the Council to explain the request; Ms. Oliver stated they are having to move polling places due to different reasons, and it takes a minimum of sixty days to get approval from the Justice Department; and WHEREAS, Mayor Tarpley stated this request removed the need for approval from the Justice Department in order to move a polling place; and WHEREAS, the City Attorney stated it would also deal with the need of anything related to voting; for example, anytime a special registration is held at a different location, under Section Five of the Voting Rights Act, a submission has to be made to the Department of Justice to get their approval and it takes sixty days to respond; he stated this has been done many times over the years and the Justice Department has never responded with an objection; he stated the Electoral Board is asking if they can retain an attorney who specializes in this to ask the Justice Department if they can bailout from pre- clearance requirements for things such as changing the polling places or having additional places and hours of voter registration; he stated there is a process the Electoral Board has to go through in order to bailout; he stated there are a number of jurisdictions in Virginia that have gone through this process and have received approval from the Justice Department, including Roanoke County; and 12 WHEREAS, Councilman Clemens asked if there is a timeframe for how long this process will take; and WHEREAS, the City Attorney stated he read the regulations and was unable to figure out how long the process takes; and WHEREAS, Ms. Oliver stated that the Registrar’s Office cannot be moved, they can not hold a special election, or have special registration boxes at the post office or the DMV without approval from the Justice Department, but once a Bailout from the Voting Rights Act is obtained, approval from the Justice Department is not required; and WHEREAS, Mayor Tarpley asked if approval has been obtained for the change in a polling place; and WHEREAS, a discussion was held about the bailout process, polling places, etc.; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the request from the Electoral Board of the City of Salem for a bailout from coverage under the special provisions of the Voting Rights Act was approved, and $5,000 was appropriated for attorney fees to start the bailout process with money to come from the Unappropriated Balance in the budget -- the roll call vote: all aye. WHEREAS, the City Manager stated that Charles E. Van Allman has been appointed City Engineer. CHARLES E. VAN ALLMAN APPOINTED CITY ENGINEER 13 ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY VICE MAYOR PACKETT, 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 8:06 p.m. for the purpose of discussing the following specific matter: 1. Discussion of a real estate matter pertaining to property the City may desire to sell, which is authorized by Section 2.2- 3711 A. 3. of the Code of Virginia, 1950 as amended to date; -- the roll call vote: all aye. Upon reconvening at 8:10 p.m.; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, 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: all aye. There being no further business to come before the Council, the same on motion adjourned at 8:12 p.m. ITEM 8 CLOSED SESSION FOR REAL ESTATE MATTER