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HomeMy WebLinkAbout8/26/2019 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION August 26, 2019 A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on August 26, 2019, at 6:30 p.m., there being present all the following members of said Council, to wit: Byron Randolph Foley, William D. Jones, Jane W. Johnson, James A. Martin, and John E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with James E. Taliaferro, II, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal L. Williams, Assistant to the City Manager; and Judy Hough, Deputy City Clerk; and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, President Lance Jones with LewisGale Medical Center gave Council a presentation regarding a supplemental Medicaid payment program and discussed the steps the City would need to take to support the application by LewisGale; also attending were Tracey White, Vice President of Community & Government Relations, HCA Virginia Health System; Chris Nolen with McGuire Woods, LLP; and Jim Frizzera with Gjerset & Lorenz, LLP; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:18 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council Ci ty Counci l Meeti ng M INUTES Monday, August 26, 2019, 7:30 P M Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, Council members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with J ames E. Taliaferro, II, Interim C ity Manager and Clerk of C ouncil; Rosemarie B. J ordan, Director of Finance; C harles E. VanAllman, J r., C ommunity Development Director; Mike Stevens, Communications Director; J udy Hough, Deputy City C lerk; and Stephen M. Yost, City Attorney. Mayor Foley recognized new Salem Police Officer Andres Moreno and also, Officer Valerie Hernandez. He thanked them for their service to the Salem community. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the August 12, 2019, work session and regular meeting. Accepted as presented B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the one month ending J uly 2019. Received 4.Old Business A.Cable Telev ision F ranchise Ordinance Consider an ordinance on second reading awarding a cable television franchise to Shenandoah C able Television, LLC . (Approved on first reading at the August 12, 2019, meeting.) J ane J ohnson motioned to adopt an ordinance on second reading granting a cable television franchise for the operation of a cable system in the City of Salem and to award the franchise to Shenandoah C able Television, LLC . J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 5.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider an ordinance on first reading for rezoning the properties of R. Fralin C ompanies, Inc, contract purchaser, and T he Simms Family Limited Partnership and SFE, LLC , property owners, located at 211 Diamond Road and 135 Diamond Road (Tax Map #s 272-2-1 and 273- 2-1) from A G - Agriculture District / RSF - Residential Single Family District to RSF Residential Single Family District. (Advertised in the August 8 and 15, 2019, issues of the Salem Times Register. Recommend continuing to the September 23, 2019, meeting; see Page 2 Planning C ommission minutes.) STA FF REPO RT J ames Martin motioned to continue the request of R. Fralin Companies, Inc., contract purchaser, for rezoning the properties located at 211 Diamond Road and 135 Diamond Road (Tax Map#2 272-2-1 and 273-2-1) and the request for the issuance of a Special Exception Permit to allow Single-Family Dwellings, attached with proffered conditions on the property located at 211 Diamond Road to the September 23, 2019, meeting of the C ouncil. William J ones seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders B.Special Exception P ermit Hold public hearing to consider the request of R. Fralin Companies, Inc., contract purchaser, and T he Simms Family Limited Partnership, property owner, for the issuance of a Special Exception Permit to allow Single Family Dwellings, Attached with proffered conditions on the property located at 211 Diamond Road (Tax Map # 272 - 2 - 1). (Advertised in the August 8 and 15, 2019, issues of the Salem Times Register. Recommend continuing to the September 23, 2019, meeting; see Page 2 Planning C ommission minutes.) STA FF REPO RT C .Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Corbin's Confections, LLC , contract purchaser, and Ronkeith and J udith Ann Adkins, property owners, located at 1618 Roanoke Boulevard (Tax Map # 222 - 2 - 4) from HBD Highway Business District with proffered condition to HBD Highway Business District with amended condition to allow a restaurant and custom manufacturing for a bakery. (Advertised in the August 8 and 15, 2019, issues of the Salem Times Register. Recommend approval; see Page 2 Planning C ommission minutes.) STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the August 8 and 15, 2019, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the rezoning request. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of 0.406 acres, located on the south side of Roanoke Boulevard, to the west of the intersection with Easton Road. T he property contains a one-story vinyl-sided office/ commercial building. C orbin’s C onfections opened in 2016 at 18 East Main Street, as a gluten free, peanut free, and tree nut free bakery. Having outgrown their current location, they wish to relocate the manufacturing to 1618 Roanoke Boulevard. T he product will be transported to the storefront for sale, and shipped both retail and wholesale, directly to customers. T he proposed location on Roanoke Boulevard could potentially house a second retail storefront and/or a restaurant. However, on October 10, 2011, C ity Council approved to rezone the property from RB Residential Business District to HBD Highway Business District with the following condition: 1) T he only HBD Highway Business District uses for the property will be general offices, medical office/clinics, antique shops, business support services, consumer repair services, personal improvement services, personal services, retail sales, and fine arts studio. T his request is to amend the conditions to allow the property to be used for custom manufacturing and restaurant in addition to the currently allowed uses. Mr. VanAllman noted the request is to rezone this property to allow the petitioner, C orbin's C onfections, LLC, to move the manufacturing portion of their business located at 18 East Main Street to this location. T hey have outgrown the kitchen at the current location and need a larger space to do larger cakes and more bread. T he property at 1618 Roanoke Boulevard was rezoned in October 2011 to HBD Highway Business District, but there were conditions placed on the rezoning limiting the uses in HBD. T he petitioners are requesting to amend the conditions to allow the property to be used for custom manufacturing and restaurant in addition to the currently allowed uses. Mr. Martin asked if this property on the Boulevard would be used for food preparation to take to the store on Main Street or would it be used as a restaurant. Mr. VanAllman noted that it would actually be both. At first, it will be to prep the food at this location to take to the storefront on Main Street, but in the future, they may have a few tables so that they can serve customers at this location, too. Mayor Foley asked if the property owner or the business owner would like to speak regarding this request, and there was no response. He opened the public hearing and asked if anyone would like to speak regarding this request. T here was no response, and the public hearing was closed. J ames Martin motioned to approve an ordinance on first reading rezoning the property of C orbin's C onfections, LLC, contract purchaser, and Ronkeith and J udith Ann Adkins, property owners, located at 1618 Roanoke Boulevard (Tax Map # 222-2-) from HBD Highway Business District with proffered conditions to HBD Highway Business District with amended condition to allow a restaurant and custom manufacturing for a bakery. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders D.Special Exception P ermit Hold public hearing to consider the request of Marvin Loyd, J r., property owner, for the issuance of a Special Exception Permit to allow a 1,286 square foot detached ga r a ge on the property located at 208 Northern Trail (Tax Map # 10 - 1 - 1.9). (Advertised in the August 8 and 15, 2019, issues of the Salem Times Register. Recommend approval; see Page 5 Planning C ommission minutes.) STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the August 8 and 15, 2019, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the Special Exception Permit request. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 1.2 acres, located in the cul-de-sac of Northern Trail, east of the intersection of Northern Trail and Polar Lane. T he property is occupied by a single-family residence. On J uly 9, 2007, City C ouncil approved the rezoning from A G Agricultural District to RSF Residential Single-Family District with conditions. T he conditions are as follows: 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. T he applicant is requesting a Special Exception permit to allow a garage over 1,000 square feet. In addition, on J uly 25, 2019, the Board of Zoning Appeals granted a variance from Section 106-202.3(B)(2) of the Zoning Ordinance to allow the construction of the detached garage in the side yard. Mr. VanAllman noted Mr. Loyd would like to build a garage in excess of 1,000 square feet. He appeared before the Board of Zoning Appeals in J uly and was granted a variance to allow the garage to be built in the side yard. Now, he is requesting a Special Exception permit as the garage is in excess of 1,000 square feet. He further discussed the request. Mayor Foley asked if there was anyone to speak regarding this request. Robert Pilkington, architect with Balzer and Associcates, noted he was representing Mr. Loyd, property owner, who was in the audience. He stated he would be glad to answer any questions. Vice Mayor J ohnson noted when Council approved the rezoning for this development in 2007, there were conditions placed on the property. One of those conditions was that buildings could only be constructed out of brick and stone. She stated she thought she had read that Mr. Loyd would be building the garage out of brick. She asked if this was correct. Mr. Pilkington noted that she was correct that he would be using brick, and the building is designed to be compatible with Mr. Loyd's home. Mayor Foley opened the public hearing and asked if there was anyone else to speak regarding this request. T here was no response, and the public hearing was closed. William J ones motioned to approved the request of Marvin Loyd, J r., property owner, for the issuance of a Special Exception Permit to allow a 1,286 square foot detached garage on the property located at 208 Northern Trail (Tax Map # 10-1- 1.9). J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders E.Use Not P rov ided F or P ermit Hold public hearing to consider the request of the C ity of Salem, property owner, for the issuance of a Use Not Provided for Permit to allow the relocation of the Salem Food Pantry to the property located at 915 Union Street (Tax Map #184-8- 4). (Advertised in the August 8 and 15, 2019, issues of the Salem Times Register. Recommend approval; see Page 4 Planning C ommission minutes.) STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the August 8 and 15, 2019, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the Use Not Provided for Permit request. Staff noted the following regarding the request: the subject property consists of .402-acre parcel located on the southwest corner of the intersection of Union Street and Eddy Avenue. T he parcel is occupied by a one and a half-story brick office building. T he property is located entirely within the FEMA designated floodway. T his request is for a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry, which provides food and financial assistance to people in need. T he Pantry has been located in donated space on Chapman Street for the last several years. T hey were notified that they would have to vacate their space due to Novozymes’ expansion. T he property at 915 Union Street meets all their criteria for space, accessibility, and location. Mr. Taliaferro noted the City has owned this property for over 25 years. For a long time, the property has been used by the C hild Health Investment Partnership (C HIP) and earlier this year the Partnership had consolidated their operation in Roanoke. T he building has been empty for a few months. T he Salem Food Pantry has been occupying a donated space on C hapman Street, and earlier this year they were notified they would need to vacate the space due to an expansion. T he C ity talked with the Food Pantry, looked at some options, and decided that the fastest way to get them back in business was to utlilized this property. T he Food Pantry has already moved into the property, but they will still need the permit in order to make this their permanent home. He noted he would be glad to answer any questions. T here was a discussion regarding the rent and the utilities for the space. It was noted that the Food Pantry receives money from a sponsor that is used to pay the rent and utilities. Mayor Foley opened the public hearing and asked if there was anyone else to speak regarding this request. T here was no response, and the public hearing was closed. J ane J ohnson motioned to approve the request of the C ity of Salem, property owner, for the issuance of a Use Not Provided for Permit to allow the relocation of the Salem Food Pantry on the property located at 915 Union Street (Tax Map #184-8- 4). J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders F.Appropriation of F unds - School Operating F und Consider request to amend School Operating Fund as approved by the School Board on J uly 9, 2019. Audit - Finance Committee Mr. J ones noted the Audit Finance Committee met this morning to discuss this request. T he School Operating Fund budget was amended for fiscal year 2020 by the School Board at their meeting on J uly 9, 2019. T he Board amended the Operating Fund by $14,000 to reflect the increase appropriation from the C ity for the Workforce Coordinator position. T he memo included covers the appropriation change showing the increase to revenues and expenditures in the Operating fund. T he Committee reviewed the request and recommended approving the School Board’s appropriation change of $14,000 to the Operating Fund per the report submitted. William J ones motioned to amend the School Operating Fund as approved by the School Board on J uly 9, 2019. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders G.Appropriation of F unds - School Cafeteria F und Consider request to amend School C afeteria Fund as approved by the School Board on August 13, 2019. Audit - Finance Committee Mr. J ones noted the Audit Finance Committee also discussed this request. T he School Cafeteria Fund budget was amended for fiscal year 2019 by the School Board at their meeting on August 13, 2019. T he Board amended the Cafeteria Fund by $72,611 to reflect the increase in federal revenues and lunch sales as well as the corresponding increase in costs. T he memo included covers the appropriation change showing the increase to revenues and expenditures in the C afeteria fund. T he C ommittee reviewed the request and recommended approving the School Board’s appropriation change of $72,611 to the C afeteria Fund per the report submitted. William J ones motioned to amend the School C afeteria Fund budget by $72,611 as approved by the School Board on August 13, 2019. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders H.New Millennium Storage Yard P roject Consider setting bond for physical improvements and erosion and sediment control for New Millennium Storage Yard located at 100 Diuguids Lane. Audit - Finance Committee Mr. J ones noted the Audit Finance Committee also discussed this request. T he C ommittee reviewed the estimate for erosion and sediment control and physical improvements for the New Millennium Storage Yard project to be located at 100 Diuguids Lane. T he Committee concurs with the City Engineer’s office recommendation that bond be set in the amount of $44,127 and a completion time of twelve (12) months. Mr. VanAllman noted that New Millennium is super busy, which is a good thing, and they are in the process of expanding their facility and adding a gravel storage area. He noted the bond request is for a little parking, perimeter landscaping, and erosion and sediment control. William J ones motioned to approve the bond for erosion and sediment control and physical improvements for the New Millennium project located at 100 Diuguids Lane in the amount of $44,127 and a completion time of twelve (12) months. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders I.Sheetz Store #325 P roject Consider setting bond for physical improvements and erosion and sediment control for Sheetz Store #325 located at 1435 Apperson Drive. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee also discussed this request. T he C ommittee reviewed the estimate for erosion and sediment control and physical improvements for the Sheetz Store #325 Project located at 1435 Apperson Drive. T he Committee concurs with the City Engineer’s office recommendation that bond be set in the amount of $56,010.12 and a completion time of twelve (12) months. Mr. J ones said this is basically a facelift to the building. Mr. VanAllman noted that it is a little more extensive than a facelift. He noted that one of the things they are planning is to remove the pavilions that go from the fueling stations to the store. He is not sure why they are doing this. It will be a nice new look with stone, and in addition, they planning substantial changes inside the building. T he main footprint will stay about the same. William J ones motioned to approve the bond for erosion and sediment control and physical improvements for the Sheetz Store #325 Project located at 1435 Apperson Drive in the amount of $56,010.12 and a completion time of twelve (12) months. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 6.C losed Session A.Closed Session Hold a closed session in accordance with the provisions of Section 2.2- 3711A(8) of the 1950 C ode of Virginia, as amended, for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. William J ones motioned to authorize the Interim C ity Manager to execute a contract with Guynn, Waddell, Carroll, and Lockaby, P.C. for legal services related to the C ivic Center Hotel project. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders J ane J ohnson motioned to move to closed session at 7:49 p.m. in accordance with the provisions of Section 2.2-3711A(8) of the 1950 Code of Virginia, as amended, for consultation with legal counsel employed or retained by the City regarding a specific legal matter, the C ivic Center Hotel project/Spartan Development legal issue, requiring the provision of legal advice by such counsel. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders J ane J ohnson motioned to reconvene at 8:33 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed 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. William J ones seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 7.Adjournment T he meeting was adjourned at 8:34 p.m.