HomeMy WebLinkAbout1/10/2005 - City Council - Minutes - RegularJanu a ry 10, 20 05
A re gu lar mee tin g of t h e Co unc i l o f t he Ci ty of Salem, Virg in ia, wa s hel d
i n the Cou n cil Ch amb er s, City Hall, 114 Nort h Broad St r ee t , on January 10,
2 0 05, at 7 :3 0 p .m., the re b eing p res en t a ll th e me mbe rs o f sa i d Coun c i l , to
wit : Carl E. T arpley, J r., Ho wa r d C. Pa c ket t , Jo h n C. Gi v ens, Jane W. John son ,
a nd J o hn Chri s t o ph e r Clem en s ; with Ca r l E. Tarp le y , J r., Ma y o r , p re sid ing ;
together with Fores t G . Jones , Ci t y Ma nager ; Jame s E. Ta l ia fer ro, II , Assi st ant
Cit y Mana g er a nd Cle r k of Council; Frank P . Turk, Di r ector o = F ina n ce ; Josep h
E. Ya te s, Jr ., Director o f Pl a nning a n d De v e lo pme n t ; Me lvin B. Do ught y, Cit y
Eng ine er; Mel i n d a J . Payn e , Public In f o r mation Officer ; and Stephe n M. Yos t ,
Ci t y Atto rn ey; a n d t h e f oll o wing bu sin ess wa s tr ansact e d :
Th e minute s of the r egul a r mee c j n g of Decembe r 1 3, 200 4, wer e app r o v ed as
wr i t t e n .
Mayo r Ta rp le y r epo rted tha t t his date a nd t i me h a d b ee n se t to h old a
p u b l ic hear i ng to co nside r the r eques t of Da vi d A. Thompso n, prop e r ty owner,
an d Sarma d i Inve s t me nts, LLC, c ontract pu r c h ase r , for the ·s sua n ce of a Zo n ing
an d Use Pe r ml t to a ll o w a us ed c a r sal es lot o n t he p ro p e r ty lo cated at 28 21
Wes t Main Str ee t; and
WH E REA S, the Clerk o f Co unc i l r e ported that n o ti c e of s u ch public h ea ring
h a d be en p ub lished in t h e ~ecember 23 and 3 0, 2004 , is sues of t h e Salem Times
Reg i s te r , a ne ws p a per p u bl is h ed and hav ing gen eral ci rcu l at ion in t h e Ci ty o f
Salem; and
WHE REA S, t h e P la nning Co mmi ssion o f t h e Ci t y o f Salem at i t s r egu la r
mee t ing he ld on Dec embe ~ 15, 2 0 0 4 , r ecommended to th e Counc il o: t he Ci ty of
S ale m th at th e r equest fo r a zo ni n g and Use Permi t b e app r o ved; and
WH EREAS, the s t af f not e d the foll o wi n g: th is is a v a cant l ot l oca ted i n
the 28 00 bl ock of West Mai n St reet si t n ated be t ween an exi st ing used car s ales
l ot at th e co rn e r o f Butt Hollo w Road a n d a bank b r a n ch o f f ic e ; t h e prop e rt y is
cu rre n tl y zon ed Bus in ess Dist ric t B-3, and the p r o po sed u se is a p e r mi tt ed use
in t his z oni n g d ist ri ct wi t h t h e appr oval of a Zonin g an d Us e Pe rm i t; t h e
pet it ioner is pro p os in g a 4,500 sq uar e foot bu ilding wi th a paved lot a n d
att r a ctive la ndscap ing; and
WHEREAS, n o o ne spo k e in suppor t o f or i n oppos it i o n to s a i d reques t;
ON MOT ION MADE BY VICE MAYOR PACKETT , SECOID ED BY COUN CILMAN GI VE NS, AND
DUL Y CA RR IED, a Zo n i ng a nd Use Pe rmit wa s h e reby app r o ved for Da vid A .
Th ompson, p roper ty owne r , a n d Sarmad i Investments, LLC, c ont ract p urchas e r , to
a ll o w a used car s ales lot o n th e prope rty located at 2821 Wes t Main S tr eet -
the r oll call v o t e b e i n g as follo ws: Jo h n Ch r isto phe r Cl emens -a ye; Jane W.
Joh nson -aye ; J o hn C. Givens -ay e; Ho ward C. Pac k ett -aye; and Ca rl E.
T ar ple y, Jr. -a ye.
Mayor Tarple y rep orted that t his date and ti me h ad been s et to ho ld a
p u blic heari n g t o con s i der a mending Ch a pt er 1 06, Art icl e XVI, Di vi sion 2,
Sec ti on 106 -533 , of The Code o f t he City o f Salem, Vi r g in ia, per ta i n in g to
flo odpl ain re gul ations with e merge ncy pro v is ion s ; a n d
WHE REAS , the Cle rk o f Co unci l repo rt e d th at no ti ce of su c h p ub l ic he ari n g
had bee n p ub l i shed in t h e December 2 3 an d 30 , 2 00 4 , iss ues o f th e Salem Times
Rcais t ~f, a ne ws pa p e r p u b lish ed a nd naving g e neral ci rcu lation in t he City o f
Sa lem; and
WHEREAS , the Pla n n ing Co mmi ss i o n o f the City of S alem a t it s r egu l a r
mee t ing hel d on Dec emb er 15, 20 0 4 , r eco mme n de d t o th e Cou n c il of t he City of
Sal em tha t t h e Am endme n t t o th e Zo ni ng Ord in a n c e be app r oved; and
WH ERE AS, the s t aff noted t he f o l lowing: the City of Salem ha s receiv ed a
l ette r from t he Fe deral Emerg en cy Ma n ag emen t Age ncy es ta bl i s hing an e ff ective
d ate o f Feb ruary 4, 2 005 , for th e F loo d I nsu r ance S tudy (FI S} r e p o r t and F lood
I nsur a nce Ra t e Map (FI RM) p anels f o r Ro a noke Co~n t y and inco r porated areas;
eve n t ho u g h t he Ci ty of Sal em was una f f ecLed by t h e up dat ed f loo d h a zard
in f o r ma tio n p re sented in t h e FI S r epo r t and FIRM, t he Cit y d oes l ie o n one or
more of the revise d p a n el s ; t her e f o r e, i t i s n eces sary f o r the f:o odpl ai n
manageme nt ord inan ce to be u pdat e d befo re the eff ect ive d a t e of Feb r u ary 4 ,
20 05; and
ZONING l\ND
USE PBR~I T
GRANTED TO
DAVI D A.
THO~PSON,
PROPERTY
O~E R, AND
S~'1ADI
I NVE ST
MENTS , L LC,
CONTRACT
PU RCl-'.AS ER,
TO ALLOW A
USED CAR
SALES LOT
ON THE
PROPERTY
LOCAT ED AT
2821 WF.ST
MAIN STREET
ORDI NA NCE
PASSED WI TH
EM ERGENCY
PROV Is:mis
AME ND ING
CHA PTER
10 6,
ARTIC LE
XV I ,
DI VISION 2 ,
SECTIO N
1 0 6-53 3 , O F
THE CODE OF
THE CITY OF
SAl,EM,
VIRG IN I A .
PERTAHH NG
TO
FLOODPLAIN
REGULATIO NS
WHEREAS, the City Attorney noted that the amendment is to update the date
of the plan that the City will be following, and to update a State Code Section
that has been recodified (the S t ate Code Section wording remains the same, but
the section number has changed); and
WHEREAS, no one appeared in opposition to said Amendment to the zoning
Ordinance;
ON MOTION MADE BY COt.JNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND
DULY CARRIED, t he following ordinance was duly passed and adopted with
emergency provisions:
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106 , ARTICLE XV I, DIVI S I ON 2,
OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO FLOODPLAIN REGULATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA. that Chapter
106, Article XVI, Division 2, of the Code o f t he City o f Sa l em, Virginia, be
amended, revised, and reordained t o read as follows:
CHAPTER 106
ZONING
ARTICLE XVI . SPECIAL PROVISIONS
DIVISION 2. FLOODPLAIN REGULATIONS
Sec. 106 -533. ~dministration and applicabili t y.
(a) Applicability; compliance. The provisions codified in this division shall
apply to all lands within the jurisdiction of t he city identified as being
floodpl a in districts as stipulated in this Sec t ion . No land shall be developed
and no development and/or structure shall be located , relocated, construc t ed,
reconstruct e d , enlarged or structurally altered except in full compliance wi th
the terms and provisions of this division and any other applicable ordinances
and regulations which apply to uses within the jur i sdiction of this division.
(bl Establishment 0£ floodplain districts and restrictions. Floodplain
districts shall include all land subject to inundation by the waters of the
100-year flood. The source of this delineation shall be the flood insurance
study for the city, as prepared by the Federal Insurance Administration
Fe der al Emergency Management Agency, dated Ootober lQ, 19~~ February 4, 2005,
or the mast recent revision thereof. The d es ignated floodplain dis t ric t s and
accompanying regulations shall be overlays to the existing underlying zoning
d istri cts , as shown on the official zoning map, and as such the provi s ions
for floodplain districts shall serve as a supplement to the unde rlying zoning
district regulations. The physical boundaries of the floodplain districts
are established as shown on the Flood Insurance Rate Map (FIRM) from the
above-cited flood insurance study, which map is declared to b e a part of this
chapter and which shall be kept on file in the office of the building
official and clerk of counci l. In the event of any conflict between the
provisions of the overlaying floodplain distric ts and the underlying existing
zoning regulations, the more restrictive provisions shall apply.
(cl Boundary changes and interpretation.
(1) The delineation of any floodplain districts may be revised, amended and
modified by the council after conduct of the planning commission and council
public hearings as required by Section 106-497 of this Code and Code of
Virginia, §.1§,;;i 4:11 §15.2-2204, in compliance with the national flood
insurance program, when there are changes through natural, manmade or other
causes and/or changes are indicated by future detailed hydrologic and
hydraulic studies. All such changes are subject to the review and approval of
the Federal Emergency Management Agency,
{2) Initial interpretations of the boundaries of the floodplain districts
shal l be made by the building official. S hould a dispute arise concerning the
boundaries of any of the areas, the board of zoning appeals, in accordance
with Section 106-2, shall make the necessary determination. Persons
question i ng or contesting the location of the flood bound ary shall be given a
reasonab l e opportunity to present their case to the board and to submit
technica l ev idence.
(d ) Site p l ans and permit applications. All applications for devel opment in
the floodp l a i n d i str i cts and all permits issued for the floodplain shall
i ncorporate the fo ll ow i ng information:
(1 ) For structures to be e l evated, the elevation of the lowest flood
(including basement).
(2 ) For structures to be f l oodproofed {nonresidential only), the elevation
to which the structure wi l l be f l oodproofed.
(3 ) The elevat i on of the 100-year flood.
(4) Topographic i nformation showing exi sting and proposed ground
elevations.
All ordinances or paTtB of ordi nances i n conflict with the provisions of this
ordinance be and the same are hereby repea l ed.
WHEREAS, in the op i n i on of Council an emergency exists, therefore, the fact
of the e~istence of such emergency is hereby now declared to exist and this
ordinance is so adop~ed and shal l become effective immed i ately upon its passage.
Upon a cal l for an aye and a nay vote, the same stood as follows:
Passed:
Ef f ec~ive:
January 1 0, 2005
January 1 0, 2005
~LU
Mayor
John Christopher Clemens -Aye
Jane W. Johnson -Aye
John C. Givens -Aye
Howard C. Packett -Aye
Carl E. Tarpley, Jr. -Aye
Mayor Tarpley requested that Council consider the request of the Salem
Band Boosters for donation of $2,834.60, which is equal to the amount of the
admissions tax paid in connection with the ticket sales for the annual Drum
c orps International Summer Music Games Compet i tion held at the Salem Stadium on
Monday, July 19 , 2004;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS , ~ND
DULY CARRIED, a donation was hereby authorized to the Salem Band Boosters in
the amount of $2,834 .60, which is equal to the amount of the admissions tax
paid in connection wi th the ticket sales for the annual Drum Corps
International Summer Music Games Competition held at the Salem Stadium on
Monday, July 19 , 2004 --the roll call vote being as follows: John Christopher
Clemens -aye; Jane w. Johnson -aye; John c. Givens -aye; Howard C. Packett -
aye; and Carl E. Tarpley, Jr. -aye.
Mayor Tarp l ey requested that Council consider awarding a contract for
engineering services for the Roanoke River Green way; and
WHEREAS, Vice Mayor Packett, Chairman of Council's Audit-Finance
Committee. reported that represe ntatives of the City staff met with six (6)
engineering firms who responded to the City's Request for Qualifications for
final design of the Salem portion of the Roanoke Valley Greenway and Trail on
May 11 and 12, 2004; based upon presentations and interviews wi th each firm,
the Committee recommends the con t ract be awarded to Draper Aden Associates for
a lump s u m price of $122,0OD for engineering services, said amount chargeable
to the Capital Reserve Account, and this amount will be reimbursed i n the
future from the $669,000 in reimbursable funds for this project;
ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND
DULY CAR~IED, a contract was hereby awarded to Draper Aden Associates for a
lump sum price of $122,000 for engineering services for the Roanoke River
Greenway, said amount chargeable to the Capital Reserve Account, and this
amount will be reimbursed in the future from the $669,000 in reimbursable funds
for this project -the roll call vote being as follow s: John Christopher
Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -
aye; and Carl E. Tarpley, J r . -aye.
Mayor Tarpley requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOH NSON, AND
DULY CARRIED, Jimmy W. Robertson was hereby reappointed to the Real Estate Tax
Relief Review Board for a three-year term, said term will expire on February
1 4, 2008 --t he roll call vote being as follows: John Christopher Clemens -
aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and
Carl E. Tarpley, Jr. -aye.
DONATION
AUTHORIZED
TO THE SALEM
BAND
BOOSTERS IN
AN AMOUNT
EQUAL TO THE
ADMISSIONS
TAX PAID IN
CONNECTION
WITH THE
TICKET SALES
FOR THE
ANNUAL DRUM
CORPS
INTERNA
TIONAL
SUMMER MUSIC
GAMES
COMPETITION
HELD AT THE
SALEM
STADIUM ON
MONDAY. JULY
19. 2004
CONTRACT
AWARDED TO
DRAPER ADEN
ASSOCIATES
FOR
ENGINEERING
SERVICES FOR
THE ROANOKE
RIVER
GREENW:t>.Y
J'IMMY W.
ROBERTSON
REAPPOINTED
TO THE REAL
ESTATE Tl\X
RELIEF
REVIEW BOARD
LEASE OF
OLD NORFOLK
AND WES TF.RN
RAILWAY
PASSENGER
STATION BY
THE TOTAL
ACTION
AGAINST
POVERTY OF
THE ROANOKE
VALLEY FOR
THE HEAD
START
PROGRAM
RENF.~lF.D FOR
THE PE:UOD
JULY 1,
2004, TO
JUNE 30,
2005, UN DER
THE SAME
TERMS AND
CONDITIONS
AS IN'
PREVIOUS
Y'F.ARS
CLOSED
SESSION' F'OR
REAL ESTATE
MATTERS
Mayor Tarpley requested that Council receive the request of Total Action
Against Pove rty of the Roan o ke Val l ey for r enewal of lease of the Old Norfolk
and Western Railway Pa s senger Stat i on for the Head Start Program for the period
July 1, 2004, to June 30, 2005; and
WHEREAS, i t was noted that the lease, if approved, will be under the same
terms and co n d i t io ns a s i n previous yea r s; and the fa i r r ental va l ue of this
property is $10,000 p e r year, which is one of the City's contributions to TAP;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND
DULY CARRIED, the lease for the Old Norfolk and Wes t ern Railway Passenger
St a tion by t h e To t al Ac t i on Against Pover t y of the Roanoke Valley for the Head
St a rt Progra m was hereby renewed for the period July 1, 2004, to June 30, 2005,
under the same terms and cond i tions as in previous years --the roll ca l l vote
being as follows: Jo h n Christopher Clemens -aye; Jane W. Johnson -aye; John
C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley , Jr. -aye.
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY VICE MAYOR PACKETT , AND
DULY CARR I ED, i n accordance with section 2.2-3711 A. of the Code o f Virginia ,
1950 as amen d ed to da t e, Council convened to Closed Session at 7:37 p.m. for
the purpose of discussing the following specific ma t ters:
1. Discussion of a r eal estate mat t er pertaining to property the Ci t y
may desire to sell and property the City may desire to purchase,
which is authorized by Sec t ion 2.2-3711 A. 3. of the Code of
Virginia, 1950 as amended t o da t e; and
--the ro l l c a l l vote be i ng as f ollows: John Chris t oph er Cleme ns -a y e ; Jane
w. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E.
Tarp l ey, Jr. -aye.
Upon reconvening at 8:02 p.m.;
ON MO T ION MADE BY COUNCILMAN GIVENS, SECONDED BY VICE MAYOR PACKETT, AND
DULY CARR I ED, in accordance with Sec t ion 2.2-3712 D. of the Code of Virginia,
1 950 a s a mend e d t o da t e, Council hereby certifies that in Closed Session only
i t ems lawfully ex e mpt e d from op e n meeting requirements und e r th e Vi rginia
Fr e edom of Informat i on Act a n d onl y such items identified i n the motion by
wh ich t he Closed Session was convened were heard, discussed, or considered by
t h e Council --the roll call v ote being as follows: John Chr i stopher Clemens -
aye; J a ne W. Johnson -aye; J o hn C. Gi vens -aye; Howard C. Packett -aye; and
Ca rl E. Tarpley, Jr . -aye.
There being no further business to come before the Council, the same on
motion ad j o u rned at 8:03 p.m.
Clerk of Council