HomeMy WebLinkAbout11/26/2018 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
November 26, 2018
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 November 26, 2018,
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; James E. Taliaferro,
II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Mike
Crawley, Police Chief, 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, Chief Crawley reviewed the proposed ordinance on tethering that will go
before Council at the next meeting; and
WHEREAS, Mr. Boggess updated Council on the issues related to recruiting employees
for Salem businesses. The Workforce Development committee is working with the schools and
businesses to come up with a plan to assist with this problem; and
WHEREAS, Mr. Boggess gave Council various updates; 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 7:24 p.m.
____________________________________
Mayor
_____________________________________
Clerk of Council
Ci ty Counci l Meeti ng
M INUTES
Monday, November 26, 2018, 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; along with Kevin S. Boggess, City
Manager; J ames E. Taliaferro, II, Assistant City Manager and C lerk of C ouncil;
Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic
Development (absent); Mike Stevens, C ommunications Director (absent); Charles
E. VanAllman, J r., C ommunity Development Director; and Stephen M. Yost, C ity
Attorney.
2.Pledge of Allegiance
3.C onsent Agenda
A.Minutes
Consider acceptance of the minutes from the November 13, 2018, work session and
regular meeting.
Accepted as presented
B.F inancial Report
Consider the acceptance of the Statement of Revenues and Expenditures for the
three months ending September 2018.
Mr. J ones noted that the C ity is up about $200,000 in revenue for the year, and for
the month of September, meals, lodging, and sales taxes were all in a positive
upswing. He credited Ms. J ordan and her staff for their work and also the various
businesses that have helped increase the revenue to the City.
Received
4.Old Business
5.New Business
J eff
J eff
A.Amendment to the Zoning Ordinance
Consider ordinance on first reading rezoning the property located at 1201 & 1203
Texas Street (Tax Map # 149-1-1.1) from RB Residential Building with conditions
to HBD Highway Business District with amended conditions at the request of
Dynamic Medical, LLC, property owner. (Advertised in the November 8 and 15,
2018, issues of the Salem Times-Register. Recommend approval with amended
conditions; see Page 1 Planning C ommission minutes.) STA FF REPO RT
Staff noted the following regarding the rezoning request: the subject property
consists of a single parcel of 0.522 acres, located on the north side of Texas Street,
to the west of the intersection with Lynchburg Turnpike. T he property contains two
one-story brick office buildings. On December 12, 1988, C ity Council approved to
rezone the property from Residential District R-1 to Residential-Business R-B with
the following conditions:(1) T he project will be constructed in substantial
conformance with the Conceptual Plan by T. P. Parker & Son dated October 4,
1988, (2) Building "A" will be constructed within one year of the date of approval
of the rezoning. Building "B" will be constructed within four years of the date of
approval of the rezoning, and (3) Building "A" will be used for professional real
estate appraisal services and related activities. Building "B" will be used as rental
space for professional offices, real estate appraisal, and/or other similar
occupations. Currently Dynamic Medical, a general office, occupies 1201 Texas
Street (Building B) and Chloe White Agency, Inc., an insurance office, occupies
1203 Texas Street (Building A). Dynamic Medical is a medical office-consulting
firm that pairs medical practices with laboratories. T he applicant proposes to
expand their business and add the processing of samples on site to alleviate the
shipment to other laboratories. T his request is to rezone the property to allow it to
be used as an office/laboratory. T he applicant has stated that no patients will be
seen on site and less than six vehicles will be parked. Building A will remain an
insurance office at this time. As part of the request, they are willing to add
laboratory to the list of conditions for the proposed uses for the property.
Mayor Foley noted notice of such hearing had been published in the November 8
and 15, 2018, issues of the Salem Times-Register, and the Planning C ommission
had recommended approval of the rezoning request with amended conditions.
Mr. VanAllman noted the request is to rezone this property to allow lab work in the
building. T he petitioner would like to conduct testing at this location which would
involve bringing in new equipment and new materials. He noted in the staff report
the existing use is shown as single family residence, but this is not correct. It is a
commercial use, and the company is currently in this location conducting business.
Also, regarding one of the original conditions, i.e. substantial conformance with the
C onceptual Plan by T. P. Parker & Son dated October 4, 1988, the petitioners are in
conformance with the previous conceptual plan. He also noted that he thought the
petitioners were in the audience.
J eff Howard with Dynamic Medical, LLC, property owner, appeared before the
C ouncil explaining the rezoning request. T he company is a medical diagnostics
distributor, and they serve physician clinics in Virginia and the surrounding states.
C urrently, their most popular testing regimen is what is called medication
monitoring. So they help physicians practice better medicine by understanding what
is in their patients' bodies. He noted that part of this is being fueled by the opiod
abuse epidemic. T heir business is growing substantially, and in order for them to
continue to grow, they need to process the specimens rather than send them to an out
of state lab. T he request to rezone the property is to allow them to do the testing in
their facility. T he neighborhood should not see any effect from this change, as it will
not be a patient-facing facility. T hey expect maybe a couple courier deliveries per
day. In addition, this change will create some additional tax revenue for the C ity.
Mr. J ones asked if they would be hiring additional employees. Mr. Howard noted
that they will hire a part-time lab director, full-time lab supervisor and technician,
part-time courier, and then next year probably a sales representative. Mr. J ones
noted that he appreciates what they are doing and for the business they bring into the
C ity.
Mr. Martin noted that he mentioned they would be purchasing new equipment for the
lab and testing. He asked if he had an idea of the cost. Mr. Howard explained the
type of equipment and that the cost would be approximately $125,000 per machine.
He further noted that the initial investment would be about $300,000.
It was noted that this should have been listed as a public hearing on the agenda.
Mayor Foley opened the public hearing and asked if anyone else would like to
speak regarding the request. T here being no response, the public hearing was
closed.
William J ones motioned to adopt an ordinance on first reading rezoning the property
located at 1201 & 1203 Texas Street (Tax Map #149-1-1.1) from RB Residential
Business with conditions to HBD Highway Business District with the following
amended condition: Building "A" will be used for professional real estate appraisal
services and related activities. Building "B" will be used for professional offices,
real estate appraisal or other similar occupations, and laboratory (conditions # 1 and
2 from the original December 1988 rezoning are hereby extinguished). J ane J ohnson
seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
B.Amendment to the Zoning Ordinance
Consider ordinance on first reading rezoning the property located at 229 Apperson
Drive (Tax Map # 234-3-1) from LM Light Manufacturing District to HBD
Highway Business District at the request of 540 Properties, LLC, contract
purchaser and Mechanical Development Company, Inc., property owner.
(Advertised in the November 8 and 15, 2018, issues of the Salem Times-Register.
Recommend approval; see Page 3 Planning C ommission minutes.) STA FF
REPO RT
Staff noted the following regarding the rezoning request: the subject property
consists of a single parcel of approximately 0.5 acres, located near the intersection
of Apperson Drive and South C olorado Street. It is triangularly shaped, and
bounded by Apperson Drive on the southwest, by Riverland Drive to the north, and
by Brook Avenue on the east. T he property is currently vacant. T his request is to
rezone the property to allow it to be used for a car wash. T he applicant has
proposed a single story, brick or block building for the site. T here will be no direct
access from Apperson Drive, and access will be handled from Riverland Drive and
will exit onto Brook Avenue where it can circulate back to the light. A vacuum and
parking area is proposed at the front of the property. T his property is partially
located within the 100-year and 500-year floodplains.
Mayor Foley noted that this item is also a public hearing which was omitted from
the agenda. He further noted notice of such hearing had been published in the
November 8 and 15, 2018, issues of the Salem Times-Register, and the Planning
C ommission had recommended approval of the rezoning request.
Mr. VanAllman noted the request is to rezone this property to HBD Highway
Business District to allow a car wash. He stated he wanted to point out that there
will not be an entrance on Apperson Drive. Both the entrance and exit will be on the
side streets. Also, Ben Crew with Balzer is in the audience representing the contract
purchaser.
Ben Crew of Balzer and Associates, representing the contract purchaser, appeared
before the C ouncil explaining the rezoning request. He noted as Mr. VanAllman
mentioned this request is for the construction of one story car wash facility. It is an
automated building with two wash bays. It will be a smaller footprint about 2,000
square-feet which lends itself really well to this parcel which is only about 1/2 acre,
bordered on three sides by right of way. With a smaller building footprint and
limited parking demand from a car wash, they felt like this would be a good fit for
this property. T he contract purchaser is purchasing the property from Mechanical
Development. He further noted that the property has been for sale for a while since
the restaurant building was demolished. Darrell C raft of 540 Properties, LLC ,who
will be the owner and operator of the car wash, is with him this evening, and noted
they would be glad to answer any questions.
Mr. J ones asked Mr. Crew to explain the traffic pattern. Mr. C rew stated that the
vehicles will enter from Riverland Drive and access one of two bays in the building.
If a vehicle pulls in and for some reason are not able to go through the wash, there is
a small bailout lane which is the second access point off of Riverland Drive. Once
the vehicle goes through the wash, they will take a right towards Apperson Drive
where they can access vacuums along seven parking spaces. T hen they will exit the
property onto Brook Avenue.
Mr. J ones asked with regards to history approximately how many cars would
usually be in line for the wash. Mr. C rew noted that what they have shown on the
conceptual plan is the City C ode minimum of four stacking spaces per bay. It would
be hard to anticipate having four cars stacked up in each bay waiting to go through
the wash, but they have met the drive-thru standards staff has established from the
zoning ordinance.
T here was further discussion the proposed project. Mayor Foley opened the public
hearing and asked if anyone else would like to speak regarding the request. T here
being no response, the public hearing was closed.
J ane J ohnson motioned to adopt an ordinance on first reading rezoning the property
located at 229 Apperson Drive (Tax Map #234-3-1) from LM Light Manufacturing
District to HBD Highway Business District. J ames Martin seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
C .Salem Municipal Golf Course
Consider renewing the lease for Salem Municipal Golf Course for 2019.
T he Clerk of Council noted that the City has received a request from Charles
J ohnston for leasing the golf course for 2019. T he proposal is to use the same lease
that we have used for the last 30 plus years. Mr. Yost believes that Mr. Kime
originally wrote the lease, and we are still using it. He further noted that he would be
glad to answer any questions.
William J ones motioned to renew the lease for 2019 for the Salem Municipal Golf
C ourse and to authorize the C ity Manager to execute the lease. J ohn Saunders
seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
D.Abstract of Votes
Receive the Abstract of Votes cast at the November 6, 2018, General and Special
Election.
T he Abstract of Votes was accepted as presented.
E.Salem Sports F oundation
Consider the request of Salem Sports Foundation for a donation ($1,084.22) equal
to the amount of meals tax paid in connection with the Salem After 5 event.
Mr. Taliaferro noted that this request is similar to a request from the last meeting.
T he City cannot refund tax money, but we can choose to donate the same amount to
the organization. T his is a request from the Salem Sports Foundation.
J ames Martin motioned to approve a donation in the amount of $1,084.22 to the
Salem Sports Foundation equal to the amount of meals tax paid in connection with
the Salem After 5 event. J ohn Saunders seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
F.Appropriation of F unds
Consider request to accept and appropriate grant from Virginia Department of
Criminal J ustice Services. Audit - Finance Committee
Mr. J ones noted the Audit Finance Committee met earlier to discuss this
request. Salem was one of 33 localities awarded funds to pay for school resource
officer positions. T he C ity of Salem Police Department was awarded a grant of
$29,792, which will be used to hire a part-time school resource officer. T he grant
requires a cash match of $17,610, which is available in the Police Department part-
time salaries account. T he C ommittee reviewed the request and recommends
appropriating the funds for the School Resource Officer Grant.
William J ones motioned to approve accepting and appropriating the School
Resource Officer Grant from the Virginia Department of C riminal J ustice Services
for $29,792. J ane J ohnson seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
G.Appropriation of F unds
Consider request to appropriate Animal Shelter donation. Audit - Finance
Committee
Mr. J ones noted the Audit Finance Committee also discussed this request. T he
Animal Shelter is always in need of additional resources to facilitate the care and
adoption of abandoned animals. Donations are used to benefit the care of animals
by covering costs of spay neuter programs and purchasing items to promote
adoptions. In August 2018, the Animal Shelter received a donation of $18,076 from
the Estate of Norma Scaggs Bushnell. T he C ommittee reviewed the request and
recommends appropriating the Animal Shelter donation.
William J ones motioned to accept and appropriate the Animal Shelter Donation of
$18,076 from the Estate of Norma Scaggs Bushnell. J ohn Saunders seconded the
motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
H.Appropriation of F unds
Consider request to appropriate funds for the purchase of property at 508 and 516
East Main Street. Audit-Finance Committee
Mr. J ones noted the Audit Finance Committee also discussed this request. T he City
entered into an agreement with T.C . Squared Real Estate LLC on October 8, 2018
to purchase the property located at 508 and 516 East Main Street for a price of
$825,000. 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 these parcels. T he net amount due per the
settlement statement is $818,483.27. T he C ommittee reviewed the request and
recommends appropriating the funds to cover the purchase price of the properties.
William J ones motioned to appropriate the funds to cover the purchase price of the
properties located at 508 and 516 East Main Street. J ane J ohnson seconded the
motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
I.820 North Mill Road Site
Consider setting bond for erosion and sediment control for the 820 North Mill Road
site. Audit - Finance Committee
Mr. J ones noted the Audit Finance Committee discussed this request. T he
C ommittee reviewed the estimate for erosion and sediment control for the 820 North
Mill Road site. T he Committee concurs with the City Engineer’s office
recommendation that bond be set in the amount of $8,729 and a time frame for
completion set at twelve (12) months.
Mr. VanAllman noted that the site is residential, and it is planned for future use as
residential single family. T he property owner would like to fill in the low area in
order to build his house. T here is no current timeline when he plans to construct the
house. He further discussed the request to fill this property.
William J ones motioned to approve the bond for erosion and sediment control for
the 820 North Mill Road site. J ames Martin seconded the motion.
Ayes: Foley, J ohnson, J ones, Martin, Saunders
6.C losed Session
7.Adjournment
T he meeting was adjourned at 7:51 p.m.