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