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HomeMy WebLinkAbout1/28/2019 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 28, 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 January 28, 2019, at 6:30p.m., there being present 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, presiding; together with Kevin S. Boggess, City Manager (absent); James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Kari J. Walls, Chief Information Officer; Justin Kuzmich, Real Estate Director; A.K. Briele, Director of Electric Dept; Larado M. Robinson, Director of Water Dept; and Crystal LaBrie, Assistant to the City Manager; 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, Ms. Walls reviewed the Advanced Metering Infrastructure proposal with Council. Ms. Jordan informed Council she would bring this matter back to Council at the next meeting for funding; and WHEREAS, Mr. Kuzmich reviewed the Real Estate Tax Assessments, noting the trends and changes with Council; and WHEREAS, Mr. Taliaferro presented a draft document Mr. Yost is working on for the Salem Historical Registry. Since this is a working document, it will come back before Council when is is ready; and WHEREAS, there were no other topics for discussion; and There being no further business to come before the Council, the work session was adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council Ci ty Counci l Meeti ng M INUTES Monday, January 28, 2019, 7:30 PM 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 all the members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, C ouncil members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; along with Kevin S. Boggess, C ity Manager (absent); J ames E. Taliaferro, II, Assistant C ity Manager and Clerk of Council; Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic Development; Mike Stevens, C ommunications Director; Charles E. VanAllman, J r., C ommunity Development Director; and Stephen M. Yost, C ity Attorney. Mayor Foley recognized new Salem Police Officers Rachel Frith and Taylor Richards in attendance. He thanked them for their service. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the regular minutes from the J anuary 14, 2019, meeting. Accepted as presented B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the six months ending December 31, 2018. Received 4.Old Business A.Vacation of Right of Way Receive report of viewers and consider ordinance on first reading permanently vacating and disposing of an approximate 0.066 acres of an 18' unopened alley situate off Mount Vernon Avenue for Lewis S. and Susan F. Bohannon. (As advertised in the December 27, 2018, and J anuary 3, 2019, issues of the Salem Times Register.) Mayor Mayor Mr.Mr. Mr. Taliaferro noted that the viewers met and reviewed the petition to vacate the alley and recommended approval of the vacation. He stated if there were any questions, he would be glad to answer them. Mayor Foley asked if there were any questions, and there were no questions regarding the report of viewers or the ordinance. William J ones motioned to approve the ordinance on first reading permanently vacating and disposing of an approximate 0.066 acres of an 18' unopened alley situate off Mount Vernon Avenue for Lewis S. and Susan F. Bohannon. 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 ordinance on first reading the request of J Farmer, LLC, property owner, for rezoning the property located at 1101, 1109 and 1115 Electric Road (Tax Map # 221-1-4.1) from LM Light Manufacturing District and LM Light Manufacturing / HM Heavy Manufacturing District to HBD Highway Business District. (Advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register. Recommend approval; see Page 2 Planning C ommission minutes.) STA FF REPO RT Mayor Foley noted notice of such hearing had been published in the J anuary 10 and 17, 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 approximately 0.6 acres located on the west side of Electric Road (Route 419), near the intersection with C ampbell Street. It is currently occupied by a single story, three unit, office building. T his request is to rezone the property from LM and HM to HBD in order to allow medical offices. T he property has been used for general offices since construction, but the owners would like to have the option to lease the space to a medical office. Mr. VanAllman noted the request is to rezone this property to allow medical offices in this building, which is not allowed in LM or HM zoning. He noted that the map included in the packet showing the existing zoning and future land use is incorrect. T he parcel fronts on Route 419. He stated that Mr. Farmer, property owner, was in the audience if they had any questions for him. Mayor Foley asked if C ouncil had any questions for Mr. Farmer or staff. It was noted that there were no questions. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding the request. T here being no response, the public hearing was closed. J ane J ohnson motioned to approve on first reading the request of J Farmer, LLC, property owner, for rezoning the property located at 1101, 1109 and 1115 Electric Road (Tax Map # 221-1-4.1) from LM Light Manufacturing District and HM Heavy Manufacturing District to HBD Highway Business District. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders B.Special Exception P ermit Hold public hearing to consider the revocation of a Special Exception Permit issued November 13, 2017, to William E. Lee, property owner, and Green GearHeads LLC, lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200-2-1). (Advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register. Recommend continuing to the February 25, 2019, meeting; see Page 3 Planning Commission minutes.) STA FF REPO RT Mayor Foley noted that this item was not heard by the Planning Commission, and staff has recommended it be continued. William J ones motioned to continue the revocation of a Special Exception Permit issued to William E. Lee, property owner, and Green Gearheads LLC, lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200-2-1) to the February 25, 2019, meeting. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders C .Amendment to the City Code Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-210.2 Downtown business district, C ommercial Use Types, 106-212.2 Transitional business distrct, C ommercial Use Types, 106-214.2 Highway business district, C ommercial Use Types, pertaining to Pawn Shops; Article IV, Definitions and Use Types, Section 106-600 Definitions, pertaining to Substantial Improvement, and 106-602.3, Residential use types pertaining to Residential human care facility. (Advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register. Recommend approval; see Page 3 Planning Commission minutes.) STA FF REPO RT Mayor Foley noted the public hearing was advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register, and Planning Commission has recommended approval of the request. Staff noted the following regarding the city code amendment request: staff continually reviews the Zoning Ordinance for its current applicability. Topics of discussion have arisen due to recent rezoning requests. Adjustments are necessary to encourage the type of development the community has requested. T he proposed changes will remove pawn shops by-right and require a special exception permit. In addition, definitions also need to be updated from time to time. T he state has amended their definition of residential human care facility to reflect the Virginia Department of Behavioral Health and Developmental Services instead of Mental Health, Mental Retardation, and Substance Abuse. T he definition of substantial improvement will now include local historic registers to mirror the Uniform Statewide Building C ode. Mr. VanAllman appeared before C ity Council explaining the proposed zoning ordinance amendments. He noted the zoning ordinance is a dynamic document that staff is continually looking at and tweaking. One of the main issues with this amendment is regarding pawn shops. Pawn shops will no longer be allowed as a by right use; a special exception will be required. We are also updating some definitions to more closely match state definitions, and also, changing a couple of definitions in regards to substantial improvements. Mr. Martin asked if the change regarding pawn shops would remove them as a by right use. Mr. VanAllman noted that this was correct. Pawn shops will only be allowed with the approval of a Special Exception Permit. Mayor Foley opened the public hearing and asked if anyone would like to speak on this matter. T here was no response, and public hearing was closed. William J ones motioned to adopt the ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Section 106-210.2 Downtown business district, C ommercial Use Types, 106-212.2 Transitional business district, C ommercial Use Types, 106-214.2 Highway business district, Commercial Use Types, pertaining to Pawn Shops; Article IV, Definitions and Use Types, Section 106-600 Definitions, pertaining to Substantial Improvement, and 106-602.3, Residential use types pertaining to Residential human care facility be approved as amended. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders D.Amendment to the City Code Hold public hearing to consider amending Chapter 66, Article IV, Permitted Signs by Use and District, Section 66-105(A), of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs. (Advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register. Recommend approval; see Page 4 Planning C ommission minutes.) STA FF REPO RT Mayor Foley noted the public hearing was advertised in the J anuary 10 and 17, 2019, issues of the Salem Times Register, and Planning Commission has recommended approval of the request. Staff noted the following regarding the city code amendment request: the existing sign ordinance was adopted in J anuary 2017, in part due to the creation of the Downtown Plan and the direction from the public as to how signage affects its character. As the ordinance has been enforced, staff has become aware of certain changes that need to be made to promote visibility while preserving the downtown character. Summary of proposed changes: 1. Freestanding sign height will be reduced from fifteen to five feet in T BD and D BD to create more of a pedestrian nature, and 2. Multi-tenant sign size will be increased from twelve to twenty-four square feet, and the restriction to wall signs only will be removed to allow for greater visibility. Mr. VanAllman noted that the proposed changes to the sign ordinance relate to the downtown plan. He explained the two changes; first, in the T BD and D BD districts freestanding monument signs will be reduced from fifteen to five feet, and second, multi-tenant sign size will be increased from twelve to twenty-four square feet, and the restriction to wall signs only will be removed to allow for greater visibility. Vice Mayor J ohnson asked if a business currently has a sign that is higher than the 5', they will be allowed to keep the sign, is that correct? Mr. VanAllman noted that any existing sign would be grandfathered. He further explained grandfathered as it would apply to signs. Mr. J ones asked if someone wanted to reface an existing sign, would this be covered under grandfathered? Mr. VanAllman noted that he thought if it is being refaced because it is a different or new company or business, as long as they do not take the sign down, it could be refaced. Mayor Foley opened the public hearing and asked if anyone would like to speak on this matter. T here was no response, and the public hearing was closed. J ames Martin motioned to adopt the ordinance on first reading amending Chapter 66, Article IV, Permitted Signs by Use and District, Section 66-105(A), of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders E.Appropriation of F unds Consider request to appropriate funds for the purchase of property located at 2102 West Main Street. Audit-Finance C ommittee Mr. J ones noted the Audit Finance Committee met earlier to discuss this request. T he City entered into an agreement with Carilion Clinic Properties LLC on November 7, 2018, to purchase the property located at 2102 West Main Street for a price of $725,000. C urrently, the C ity has marked this property purchase for economic development purposes. City staff is requesting that funds be appropriated from fund balance to cover the purchase price of this parcel. T he net amount due per the settlement statement is $720,329 after a $5,000 deposit was paid to C arilion C linic Properties LLC . T he Committee reviewed the request and recommends appropriating the funds to cover the purchase price of the property. William J ones motioned to approve appropriating $725,239 from the fund balance for the purchase of property located at 2102 West Main Street. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders F.Appropriation of F unds Consider request to appropriate funds for Catering Equipment Replacement. Audit- Finance C ommittee Mr. J ones noted the Audit Finance Committee also discussed this request. Salem C atering utilizes a blast chiller to quickly cool down cooked food to prevent bacterial growth. T he blast chiller used by C atering is approximately 12 years old and needs a coil and compressor replaced in order to be operational. Due to the age and substantial cost of repairs, which is estimated to be $15,000, staff recommends purchasing a new blast chiller at a cost of $22,000. Funding will be transferred from General Fund Contingency to cover the cost of the equipment because there is not funding available in the Catering Fund budget. T he Committee reviewed the request and recommends appropriating the funds to cover the purchase of a new blast chiller. Ms. J ordan noted she has provided C ouncil with an amended report for this request. After discussing this request at the Audit Finance meeting, this appropriation needs to be to the Civic C enter fund budget instead of the Catering fund budget. Equipment used by C atering has historically been purchased by the C ivic Center. William J ones motioned to approve transferring $22,000 from the General Fund C ontingency to the Civic C enter Fund budget for a blast chiller as per the amended staff report. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders G.Crotts Garage Annex Consider setting bond for physical improvements and erosion and sediment control and landscaping for C rotts Garage Annex located at 1005 Delaware Street. 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 C rotts Garage Annex project located at 1005 Delaware Street. T he Committee concurs with the City Engineer’s office recommendation that bond be set in the amount of $43,312.50 and a time frame for completion set at twelve (12) months. William J ones motioned to approve the bond for erosion and sediment control and physical improvements for the Crotts Garage Annex project located at 1005 Delaware Street. 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 pursuant to Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter. Vice Mayor J ohnson motioned to move to closed session at 7:49 p.m. in accordance with the provisions of Section 2.2-3711A(1) and Section 2.2-3711A(8) of the 1950 C ode of Virginia, as amended, to discuss the appointment of a city officer and for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. J ames Martin seconded the motion. J ane J ohnson motioned to reconvene at 8:18 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 Vice Mayor J ohnson motioned to appoint J ames E. Taliaferro II as Interim C ity Manager effective J anuary 28, 2019, and he shall serve at the will of City C ouncil in accordance with the C ity Charter. He shall have during the interim period of service the authority, power, duties, and remuneration of the C ity Manager. William J ones seconded the motion. Ayes: Saunders, Martin, J ones, J ohnson, Foley C ouncil congratulated Mr. Taliaferro and thanked him for his service to the C ity. Mr. Taliaferro thanked City C ouncil and noted he looked forward to working with them. T he meeting was adjourned at 8:21 p.m.