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HomeMy WebLinkAbout3/25/2024 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, March 25, 2024, 6:30 PM Wo rk S ession 6:00 P.M. C ounc il C hamb ers C onference R oo m, R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON 1.C all to Order 2.New Business A.Discussion I tems FY25 Budget Development Update and Discussion 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes C onsider acceptance of the March 11, 2024, Work Session and Regular Meeting and the March 13, 2024, Special Meeting Work Session minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the eight months ending February 2024. 5.Old Business A.Amendment to the City Code - Chapter 106 Zoning Hold the public hearing and consider amending Chapter 106, Zoning, Article IV Development Standards, section 106-406 miscellaneous provisions of the C O DE OF T HE C IT Y OF S A LEM, VIRG IN IA pertaining to storage containers. (Continued from the November 27, 2023, meeting.) (Planning C ommission continued this item until the J une 12, 2024, meeting; see page 3 of Planning C ommission minutes.) Staff recommends Council cancel this item with readv ertisement and scheduling at a future meeting once a recommendation is receiv ed from the P lanning Commission. 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider the request of E3MA G LLC , property owner, for rezoning the property located at 744 Electric Road (Tax Map # 155 - 2 - 2.2) from HBD Highway Business District to HM Heavy Manufacturing District. (Advertised in the March 14, and 21, issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 7 of Planning C ommission minutes.) STAFF REPORT B.Amendment to the Zoning Ordinance Hold public hearing and consider the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block T hompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single-Family District to HBD Highway Business District. (Advertised in the March 14, and 21, issues of the Salem Times-Register.) (At the petitioner's request Planning C ommission continued this item to the April 10, 2024, meeting; see page 8 of Planning Commission minutes.) STA F F REP O RT Staff recommends Council cancel this item with readvertisement and scheduling at a future meeting once a recommendation is receiv ed from the P lanning Commission. C .Roanoke Regional Skatepark - Memorandum of Understanding C onsider authorizing the C ity Manger to finalize and execute a Memorandum of Understanding (MO U) with Roanoke C ity for participation and contribution in a regional skate park. D.Adoption of P olicy - Capital Reserv e C onsider request to adopt the C apital Reserve Policy. E.Abstract of Votes Receive the Abstract of Votes cast at the Presidential Primary held on March 5, 2024. 7.Adjournment Item #4B Date: 3/25/2024 City Council Meeting MINUTES Monday, March 11, 2024, 6:30 PM Work Session 5:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on March 11, 2024, at 5:30 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members; Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; John Shaner, Director of Parks and Recreation; John Hull, Executive Director of the Roanoke Regional Partnership; and Pete Eshelman, Senio r Director of Creative Strategies; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2. New Business A. Discussion Items 1) Annual Presentation - John Hull, Executive Director of the Roanoke Regional Partnership 2) Roanoke Regional Skatepark update 3) Discussion of Citizen Comment Requests John Hull, Executive Director with the Roanoke Regional Partnership, noted that Pete Eshelman, Senior Director of Creative Strategies, was with him this evening. He presented an overview of the Roanoke Regional Partnership's projects and accomplishments during 2023. His presentation was followed by questions from Council, which were responded to by Mr. Hull and Mr. Eshelman. John Shaner, Director of Parks & Recreation, shared information on a proposed Memorandum of Understanding between Roanoke City, Salem, and Vinton that had been offered for consideration for a Roanoke Regional Skatepark. Construction on this would begin this fall and be complete by next summer. This agreement would require a one-time contribution and there would be no expenses required for upkeep or further costs. Vice-Mayor Wallace requested that Mr. Stevens write up a publication to share information on this proposal for the citizens on the City's website. Mayor Turk presented requests that had been made by citizens during the Public Comment period of Council meetings from January through February. Mr. Jones shared that he had met with Mr. Thompson in reference to his request from the December 11, 2023, meeting. He requested that City Manager Dorsey and Mr. Van Allman meet with Mr. Thompson and review his information to see if anything should be done. In response to a request from the January 22 meeting related to the Comprehensive Plan and Zoning Code, it was noted that Council would be meeting on Wednesday, March 13, to hold a Work Session with Community Development and that these items would be discussed to hear suggestions and to define what Council would like to see implemented. Vice-Mayor Wallace noted that he would like to see some action taken on the request to adopt architectural standards for development and redevelopment. City Manager Dorsey stated that staff had responded to citizen request from the January 22, 2024, meeting for information related to the relationship between Roanoke College and the use of City of Salem sports facilities. Figures and items that had been requested have been provided. Work was currently being done to provide additional clarification on some of the items requested. Discussion was held on this item and questions by Council were responded to by staff. Another request from January 22 expressed a desire to see Council explore updating the Code to allow for alternative styles of housing where appropriate. It was noted that this was being discussed and that the City's Zoning Code would be followed. In response to a request from the February 12, 2024, meeting related to the posing of the annual proposed tax rates, it was noted that this information is posted according to City Code in the legal advertisement. Vice-Mayor Wallace asked if any tax relief could be offered to citizens. Mr. Light responded that the budget was still in the process of being developed and it was not possible to say at this point in the process. An update was provided on another February 12 request in reference to the repair of a storm drain at the corner of Mulberry and Palmer. It was noted that the part has been ordered. Mr. Light stated that he has followed up with Mr. Sutphin, Director of Streets and Maintenance, and that a temporary structure was currently in place and would be taken care of in the next week. Mayor Turk also noted that she had met with Mr. Gladden and that staff had not been directed to take any pictures at his property. Four citizens spoke at the February 26, 2024, meeting of Council in relation to the proposed Hope Tree rezoning request. It was noted by Council that this request relates to private property. Mr. Foley suggested that information be shared communicating that the City would not be purchasing this property. Mayor Turk noted that Council was not close at this point to making a decision on this request. Planning Commission has not made a decision at this point, and Council cannot make a decision until the request has passed through the Planning Commission with a recommendation. It was felt that traffic would increase, regardless of what is done at this property. It was also noted that it is the responsibility of the developer to find alternative solutions and that sufficient information is not available at this point for Council to make a decision. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:23 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Mark Popovich, on behalf of City Attorney, Jim Guynn. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions There were none this evening. 4. Consent Agenda Mayor Turk noted that Council would be making a change to the agenda this evening. The information for the Hope Tree item has not yet been through the Planning Commission, and the Planning Commissi on has to take action prior to Council discussing the item. She stated that Council will hold a public hearing and this public hearing will be advertised so that the citizens will be informed of this. Councilman Foley added that this public hearing will take place at the Civic Center as a large number of citizens are anticipated. He added that legally Council had to continue this item. Since the Planning Commission has not made a recommendation at this point, Council cannot hear the item yet. He suggested that item 6B be cancelled this evening because legally a date for the public hearing must be set if the item is continued. The citizens were assured that they would have the opportunity to be heard. City Manager confirmed Council's action. Randy Foley motioned to cancel item 6B for Hope Tree until it has progressed through the Planning Commission and then readvertise and publish a public hearing date for this item. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk reiterated that Hope Tree item 6B was cancelled so that a continuing date did not need to be stated and that the public would be notified through legal advertisement. Mr. Foley emphasized that the public hearing would only be held after the Planning Commission has voted and made a recommendation. A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Mayor Turk noted that this citizen comment period was for citizens to speak to Council on a topic that did not have a public hearing at the same meeting. Mr. Foley stressed for clarification that citizens will not be able to speak on a Hope Tree topic the night that the public hearing is held. Mayor Turk added that they would be able to speak on Hope Tree during the public hearing but not during citizen comment period on the night that the public hearing is held. Judy Minahan, 125 Ferrum Drive, was the first citizen to address Council. She expressed concern about rising real estate tax bills. She requested that Council consider a 40 to 60 percent reduction in the tax bill for residents 75 years and older who have lived in Salem for a minimum of 20 years. She asked that they consider levying a tax on seniors proportionate to the services that are utilized by seniors. Caroline Scarborough Bain, 721 Academy Street, stated that she was opposed to the PUD development proposal for the Hope Tree property. She expressed concern for the flora and wildlife and expressed the desire to see rescue work before the work begins. She also voiced environmental and traffic concerns. She requested that City Council not vote on this rezoning until a more sensible plan had been presented. She felt that accurate traffic studies needed to be done and that the developers needed to speak to the importance of sustainable building materials and practices and plan for safe indoor air quality in all residential spaces. Emily Paine Carter, 335 N. Broad Street, expressed concerns about potential Hope Tree rezoning and impact on quality of life in the neighborhood. She spoke of the history of the neighborhood. Mrs. Paine Carter also expressed concerns related to traffic, and environmental impact. Barbara Bell, 523 E. Burwell Street, noted that she was a resident of North Broad Street for 47 years. She expressed concern for the future of the status of North Broad Street on the Registry of National and State Historic Places with the potential increase of residences on the Hope Tree property. She also spoke of concern for the 24 residents of Hope Tree with mental and physical disabilities and the impact that his proposed development could have on them. Carl Hart, 720 Mount Vernon Avenue, expressed concerns about speed and traffic related to the proposed Hope Tree development. He questioned the ability of tractor trailer trucks to deliver goods to any businesses that would be in the planned PUD, the difficulty of developing such a community on the existing terrain, and the ability of residents to hook up electric vehicles for recharging in such a neighborhood. Mr. Hart also expressed concern about water drainage. B. Minutes Consider acceptance of the February 21, 2024, Special Meeting/Joint Work Session with the Planning Commission and the February 26, 2024, Regular Meeting minutes. The minutes were approved as written. 5. Old Business There was no old business this evening. 6. New Business A. Taxicabs Hold public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, and consider issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2024. Date set for public hearing at February 12, 2024, meeting. (Advertised in the February 29, 2024, issue of the Salem Times-Register.) Mr. Light noted that the City had received two applications for Certificates of Public Convenience. These are from B. Early Cab Service and Reid Taxi, both of which hold existing certificates. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. Randy Foley motioned to award Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2024, to B. Early Cab Service, LLC, and Daniel Stephen Reid, trading as Reid Taxi. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the Zoning Ordinance Continue the public hearing and consideration of request of Virginia Baptist Children's Home (dba HopeTree Family Services), property owner, for rezoning the properties located at 1000 block Red Ln and a portion of 860 Mount Vernon Lane (Tax Map #'s 41 -1-1, 41-1-2, 41-1-3, 41-1-4, 41-1-5, 41-1-6, and a portion of 44-3-10) from RSF Residential Single Family to PUD Planned Unit District. (Continued from the January 22, 2024, meeting.) Mayor Turk noted that this item had been cancelled at the beginning of the meeting. She reiterated that Council would be holding a public hearing when this item does come back up and that this would be advertised. C. Signature Authority and Budgetary Commitment Resolution for VDOT Consider the adoption of Resolution 1462 authorizing the City Manager to be signatory authority for the City of Salem for project agreements for locally administered projects with the Virginia Department of Transportation. Mr. Dorsey explained that every four years VDOT comes to the governmental entities requesting a continuation or another authorization specifying who is authorized to sign documentation. In this case, this document is for the City of Salem to authorize the City Manager position to be authorized to sign documentation with VDOT. William Jones motioned to adopt Resolution 1462 authorizing the City Manager to be signatory authority for the City of Salem for project agreements for locally administered projects with the Virginia Department of Transportation. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Olde Salem Days 2024 Consider adoption of Resolution 1463 closing Main Street on Saturday, September 14, 2024. Mr. Foley asked Barney Horrell if we had checked for conflicts with this date with Virginia Tech, JMU, and UVA games. Barney Horrell, 3555 Carvins Cove Road, responded to Mr. Foley's question. He responded that he had not checked the schedule for football games, but he did note that he had met with the Street Department last week because this year street improvements will be occurring between Market and Thompson Memorial. The location of the car show and the eastern end of events have historically been placed may look different this year because of this work. Mr. Foley asked if additional streets needed to be closed. Mr. Horrell responded that they were not requesting any at this time. Mr. Sutphin, Director of Streets and Maintenance had assured him that the sidewalks would be graveled back or something so that they would be usable. Discussion with the City Engineering Department will be ongoing to determine how construction will interfere with the placement of the crafters. They will have all of these details worked out. At this time, they are just requesting closure of the streets that are historically requested. Mayor Turk asked if a request could be done at a later date if it is determined that more space is needed. Mr. Horrell responded affirmatively. He explained that in the past, most of the crafters were kept on Main Street and some of the side streets that had been requested were not utilized. One thing the committee will be exploring is placing some of the crafters down the side streets if the additional space is needed. This will be decided based on how many crafters request a space, Mr. Jones asked if there was a deadline for proposing this information to VDOT. Mr. Horrell answered that the main concern of VDOT is Main Street. Mr. Light clarified that VDOT was concerned with Main Street, Route 460/Route 11, and that other side streets could be closed admini stratively by the City Manager. Mr. Horrell stated that they would go ahead and request the entire Main Street in case they are able to use it, and if they needed to spill out onto side streets they would do so. Mr. Dorsey confirmed that Virginia Tech is away that weekend. William Jones motioned to adopt Resolution 1463 requesting the Virginia Department of Transportation (VDOT) approve City Council’s request for the temporary closure of Main Street on September 14, 2024 , for the Olde Salem Days event. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to amend the School Operating Fund, School Grants Fund and School Cafeteria Fund budgets as approved by the School Board on February 13, 2024. Audit - Finance Committee Vice-Mayor Wallace noticed that this is a housekeeping item for the School Division's budget. James Wallace motioned to approve the School Board ’s appropriation changes of $65,000 to the School Operating Fund, $417,325 to the School Grants Fund, and $137,000 to the School Cafeteria Fund, as approved by the School Board at their February 13, 2024, meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Appropriation of Funds Consider request to appropriate Virginia Fire Programs fu nding. Audit - Finance Committee Each year, the City receives funding from the Virginia Fire Programs Fund, which must be spent in accordance with state guidelines. When the budget was adopted in fiscal year 2024, an estimate of Fire Program funding was included. The actual amount received is $12,428 more than budgeted and needs to be appropriated. James Wallace motioned to appropriate $12,428 in Fire Program Grant revenue to Fire Program Grant account and to increase the budget for Fire Programs Grant expenditure account by $12,428 for the purposes stated above. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to reappropriate Four-for-Life funds. Audit - Finance Committee Each year, the City receives funding from the Virginia Department of Health for the Four-for-Life program, which must be spent in accordance with state guidelines. If funds are not spent in the fiscal year receive d, localities can carry over these funds. The Salem Rescue Squad has accumulated Four-for-Life funds from previous fiscal years and would like to utilize $54,914 of the carryover balance to purchase training equipment. Mr. Foley asked to clarify that the amount was $54,914 for the record. This was confirmed by Vice-Mayor Wallace. James Wallace motioned to appropriat e $54,914 from fund balance to Four for Life expenditure account for the purchase of training equipment. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to appropriate Transportation Alternatives federal funding for Hanging Rock Battlefield Trail Phase 2. Audit - Finance Committee The City of Salem completed constructi on on the second phase of the Hanging Rock Battlefield Trail in summer 2023, which added a walkway connecting the existing Hanging Rock Battlefield Trail to East Main Street along Kesler Mill Road. Additional Transportation Alternatives federal funding of $187,631 was received after the project began and results in lowering the amount of local funding necessary by $151,637. James Wallace motioned to appropriate additional funding of $187,631 to the Capital Projects Fund revenue account, Federal Grants – Capital Projects, and to the Capital Projects Fund expenditure account, Hanging Rock Battlefield Phase 2. Also, to transfer $151,637 in local funding from expenditure account, Hanging Rock Battlefield Phase 2 to Capital Projects Local Reserve account. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. Old Virginia Brick Site Demolition Consider setting bond for erosion and sediment control for Old Virginia Brick Site Demolition. Audit - Finance Committee Vice-Mayor Wallace noted for the benefit of the public that there was nothing new going on at this location. He explained that there is demolition of some old buildings, and they were distributing some dirt and did not have the necessary permits to do that. This is to rectify that situation. The City Engineer’s office has reviewed the estimate for erosion and sediment control for Old Virginia Brick Site Demolition located at 2500 West Main Street. Mr. Foley asked Mr. Van Allman since this was after the fact, what would occur if something had been harmed from erosion? Mr. Van Allman responded that they would have had to clean up whatever issues had been caused and that they would have had to come into full compliance with the permit and there are fines and fees for doing any land- disturbing activity without a plan. There could be additional fees levied by the State as well. Mr. Foley asked to confirm that at this time there were no fines and that this was just being done retroactively. Mr. Van Allman confirmed this information. He noted that the Community Development went out to the site and discovered this, notified them, did a site assessment to determine that no erosion left the site. No damage outside of the site was done. They will make sure that they get up to compliance. Mayor Turk noted for the record that this was private property owned by someone not willing to sell this or discuss this option. James Wallace motioned to bond the project in the amount of $16,205.00 with a time frame for completion set at twelve (12) months. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace J. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to appoint Steve Poff for the remainder of the current five-year term of John R. Hildebrand as a regular member ending January 1, 2026, to the Board of Appeals (USBC Building Code) and to reappoint Janie Whitlow to the Fair Housing Board for a three-year term ending April 9, 2027. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Adjournment Mr. Foley noted for the record that he felt compelled to clarify that the City will not be purchasing the Hope Tree property and that this was not an option. The choice will be between RSF Residential Single-Family zoning or the PUD Planned Unit Development. The meeting was adjourned at 7:17 p.m. City Council Special Meeting MINUTES Wednesday, March 13, 2024, 9:00 AM Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 1. Call to Order A Special Meeting/Work Session of the Council of the City of Salem, Virginia was held held in the Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on March 13, 2024, at 9:00 a.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor (absent); Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Crystal Williams, Assistant to the City Manager; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Planning and Zoning Administrator; and Max Dillon, Planner I. Mayor Turk reported that this date, place, and time had b een set in order for the Council to hold a work session and called the meeting to order; and 2. New Business A. Discussion of Property Maintenance Staff reviewed and discussed multiple categories related to property maintenance with Council as a follow-up to previous work sessions. 3. Adjournment The meeting was adjourned at 10:45 a.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-23 9,805,439$ -$ 0%-$ -$ General Property Taxes 47,435,126 18,655,524 39% 17,185,918 1,469,606 Other Local Taxes 27,410,800 16,919,759 62% 15,909,688 1,010,071 Permits and Licenses 356,740 211,635 59% 240,266 (28,631) Fines and Forfeitures 119,000 67,796 57%76,002 (8,206) Revenue from Use of Money and Property 5,332,180 5,454,264 102% 2,660,290 2,793,974 Charges for Services 3,680,126 2,251,708 61% 2,105,696 146,012 Payment in Lieu of Taxes from Electric Fund 3,160,000 2,106,667 67% 3,160,000 (1,053,333) Payment in Lieu of Taxes from Water Fund 145,395 97,614 67% 107,448 (9,834) Miscellaneous Revenue 613,758 473,987 77% 426,872 47,115 Non-Categorical Aid 3,690,450 638,545 17% 686,441 (47,896) Shared Expenses 1,711,395 972,832 57% 873,813 99,019 Categorical Aid 9,318,353 5,247,295 56% 3,977,615 1,269,680 Non-Revenue Receipts 34,180 34,177 100%76,280 (42,103) Transfer From Other Funds 5,396,700 5,319,145 99% 16,664,857 (11,345,712) Total Revenues 118,209,642 58,450,948 49% 64,151,186 (5,700,238) Expenditures: General Government 10,437,204 6,861,318 66% 6,287,257 574,061 Judicial Administration 3,163,592 1,974,007 62% 1,704,131 269,876 Public Safety 25,926,912 15,569,500 60% 13,380,299 2,189,201 Public Works 14,012,046 7,696,617 55% 6,288,380 1,408,237 Health and Welfare 6,492,410 3,929,324 61% 3,158,313 771,011 Education 25,651,617 18,662,489 73% 17,913,003 749,486 Parks, Recreation and Cultural 8,943,231 4,953,841 55% 4,580,807 373,034 Community Development 3,644,234 2,387,890 66% 3,057,952 (670,062) Non-Departmental 1,271,995 1,255,770 99% 1,240,468 15,302 Transfers Out 17,706,356 14,153,692 80% 19,194,642 (5,040,950) Contingency 960,045 - 0%- - Total Expenditures 118,209,642 77,444,448 66% 76,805,252 639,196 Revenues Over/(Under) Expenditures -$ (18,993,500)$ (12,654,066)$ (6,339,434)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Eight Months Ending February 29, 2024 Item #4C Date: 3/25/2024 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 1,050,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2021 -2024 FY 2021 FY 2022 FY 2023 FY 2024 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2021 -2024 FY2021 FY2022 FY2023 FY2024 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2021 -2024 FY2021 FY2022 FY2023 FY2024 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending February 29, 2024 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 -$ Revenues: Tourism Initiative-ARPA NEU 4,000.00$ 4,000.00$ -$ 4,000.00$ -$ -$ VA Tourism Recovery Program-ARPA 70,000.00 35,000.00 - 35,000.00 35,000.00 3,755.00 Sports Marketing Incentrive Program-ARPA 25,650.00 25,650.00 - 25,650.00 - 20,150.00 Law Enforcement Grant Program-ARPA 215,000.00 195,427.96 - 195,427.96 19,572.04 195,427.96 Transfer to General Fund-ARPA NEU 26,246,208.00 26,246,208.00 - 26,246,208.00 - 5,319,144.80 Transfer to General Fund-ARPA 4,914,423.00 4,914,423.00 - 4,914,423.00 - - Total Revenues 31,475,281.00 31,420,708.96 - 31,420,708.96 54,572.04 5,538,477.76 Expenditures: Tourism Initiative 4,000.00 4,000.00 - 4,000.00 - - VA Tourism Recovery Program 70,000.00 70,000.00 - 70,000.00 - 38,755.00 Sports Marketing Incentive Program 25,650.00 25,650.00 - 25,650.00 - 20,150.00 Law Enforcement Grant Program 215,000.00 205,171.96 9,827.35 214,999.31 0.69 205,171.96 Transfer to General Fund 31,160,631.00 31,160,631.00 - 31,160,631.00 - 5,319,144.80 Total Expenditures 31,475,281.00$ 31,465,452.96$ 9,827.35$ 31,475,280.31$ 0.69$ 5,583,221.76 Fund Balance, February 29, 2024 (44,744.00)$ City of Salem, Virginia Debt Outstanding For Period Ending February 29, 2024 Schedule F Balance Principal Balance 7/1/2023 Issuances Payments 2/29/2024 City Debt Outstanding 2011 Union First Market Refunding Bonds 379,962$ -$ (379,962)$ -$ 2013 Public Improvement Bonds 977,550 - (89,425) 888,125 2016B Public Improvement Bonds 441,146 - - 441,146 2019 Public Improvement Bonds 4,273,000 - - 4,273,000 2020 Public Improvement Bonds 1,935,000 - - 1,935,000 2020 Public Improvement Refunding Bonds 4,703,652 - - 4,703,652 2021 Public Improvement Refunding Bonds 1,166,000 - (361,000) 805,000 2022B Public Improvement Bonds 14,491,000 - - 14,491,000 Total City Debt Outstanding 28,367,310 - (830,387) 27,536,923 School Debt Outstanding 2011 Union First Market Refunding Bonds 665,038 - (665,038) - 2012A Public Improvement Bonds 4,772,500 - (477,250) 4,295,250 2013 Public Improvement Bonds 3,012,450 - (275,575) 2,736,875 2020 Public Improvement Bonds 23,565,000 - - 23,565,000 Total School Debt Outstanding 32,014,988 - (1,417,863) 30,597,125 Total Debt Outstanding 60,382,298$ -$ (2,248,250)$ 58,134,048$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending February 29, 2024 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 21,420,610$ Revenues: Federal Grants 13,372,728$ 1,815,795$ -$ 1,815,795$ 11,556,933$ 222,716$ State Grants 17,515,640 2,353,273 - 2,353,273 15,162,367 728,770 Proceeds From Debt Issuance 42,015,146 42,015,145 - 42,015,145 1 - Interest Income 813,126 813,125 - 813,125 1 129,935 Transfer From General Fund 28,644,299 28,339,325 - 28,339,325 304,974 8,484,062 Total Revenues 102,360,939 75,336,663 - 75,336,663 27,024,276 9,565,483 Expenditures: Next Generation 911 378,493 187,161 30,609 217,770 160,723 - Fire Station #2 Renovations 432,000 79,056 - 79,056 352,944 72,824 Fire Station #2 Storage Building 515,000 - - - 515,000 - Fire Station #1 Renovations 654,000 3,323 - 3,323 650,677 3,323 Fire Station #3 Renovations 454,000 6,619 - 6,619 447,381 6,619 Colorado St Bridge Replacement 11,778,826 1,876,984 4,582,275 6,459,259 5,319,567 1,079,378 Apperson Drive Bridge Replacement 9,784,451 763,628 30,814 794,442 8,990,009 15,625 Jury Room Expansion 400,000 41,768 - 41,768 358,232 9,535 Apperson Drive Bridge Repairs #1800 682,432 69,800 54,332 124,132 558,300 69,800 Valleydale Streetscape Improvements 1,500,000 - - - 1,500,000 - Upland Drive Storm Drain and Curb & Gutter 125,000 - - - 125,000 - Hanging Rock Battlefield Phase 2 1,420,310 1,456,303 - 1,456,303 (35,993) 25,159 Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 2,252,578 158,378 39,970 198,348 2,054,230 - Moyer Sports Complex Renovation 27,903,295 19,512,505 6,747,683 26,260,188 1,643,107 7,138,962 Mason Creek Greenway Phase 3 2,610,681 201,761 275,373 477,134 2,133,547 28,495 Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 220,000 - 221,070 221,070 (1,070) - Longwood Park Restroom Replacement #2 180,000 - 129,261 129,261 50,739 - Civic Center West Field Lighting Upgrades 250,000 109,207 137,266 246,473 3,527 109,207 Kiwanis Park Wall Pads 110,000 - - - 110,000 - Library Lawn Special Events Space 500,000 - - - 500,000 - Flood Mitigation-CFPF 78,962 74,520 4,442 78,962 - 65,245 Downtown Impr - E Main St/Union St 2,504,140 2,324,417 - 2,324,417 179,723 313,400 Downtown Impr - E Main St/Market St 5,440,677 215,332 3,957,295 4,172,627 1,268,050 9,269 Downtown Impr - E Main St/White Oak 2,311,825 20,643 41,288 61,931 2,249,894 4,363 Capital Projects Local Reserve 67,811 - - - 67,811 - Downtown Improvements Reserve 90,350 - - - 90,350 - City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending February 29, 2024 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Excess Local Funding Reserve 2,171,800 - - - 2,171,800 - Arbitrage 149,308 149,307 - 149,307 1 149,307 Transfer to Schools-2020 Bonds 27,000,000 27,000,000 - 27,000,000 - 801,131 Total Expenditures 102,360,939$ 54,252,212$ 16,251,678$ 70,503,890$ 31,857,049$ 9,901,642 Fund Balance, February 29, 2024 21,084,451$ Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 46,790,745$ 29,264,264$ 63%28,080,695$ 1,183,569$ Other Electric Revenue 654,799 535,489 82%464,853 70,636 Reserve for Encumbrances 1,707,820 - 0%- - Appropriated from Net Position 3,300,000 - 0%- - Total Operating Revenues 52,453,364 29,799,753 57%28,545,548 1,254,205 . Operating Expenses Other Power Generation - Operation 150,000 40,054 27%63,452 (23,398) Other Power Generation - Maintenance 73,846 49,529 67%18,763 30,766 Purchased Power 28,030,000 17,423,434 62%16,164,320 1,259,114 Transmission - Operation 9,736,000 6,651,574 68%6,202,746 448,828 Transmission - Maintenance 41,339 4,645 11%9,236 (4,591) Distribution - Operations 1,142,527 772,462 68%699,098 73,364 Distribution - Maintenance 1,541,782 1,085,033 70%1,054,996 30,037 Customer Service 662,562 433,903 65%402,125 31,778 Administration & General - Operation 2,641,681 493,264 19%927,893 (434,629) Administration & General - Maintenance 239,359 185,861 78%137,739 48,122 Depreciation - 1,114,661 0%941,185 173,476 Capital 4,858,117 994,883 20%1,063,365 (68,482) Contingency 176,151 - 0%- - Total Operating Expenses 49,293,364 29,249,303 59%27,684,918 1,564,385 Income (loss) Before Transfers 3,160,000 550,450 860,630 (310,180) Transfers (Payment in Lieu of Taxes)(3,160,000) (2,106,667) 67%(3,160,000) 1,053,333 Income (loss)-$ (1,556,217)$ (2,299,370)$ 743,153$ Income (loss)-$ (3,112,434)$ (4,598,740)$ 1,486,306$ City of Salem, Virginia Electric Fund Statement of Operations For Eight Months Ending February 29, 2024 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,400,000$ 5,000,171$ 68%4,842,689$ 157,482$ Other Revenue 459,899 269,261 59%237,005 32,256 Water Federal Grants Revenue - - 0%800 (800) Gain On Sale Of Assets 1,040 1,040 100%- 1,040 Reserve for Encumbrances 761,826 - 0%- - Appropriated from Net Position 1,320,000 - 0%- - Total Operating Revenues 9,942,765 5,270,472 53%5,080,494 189,978 . Operating Expenses Salaries of Personnel 986,455 666,743 68%645,600 21,143 Fringe Benefits 465,075 306,608 66%289,348 17,260 Contractual Services 676,273 376,622 56%392,806 (16,184) Printing and Binding 2,500 170 7%565 (395) Advertising 1,000 - 0%- - Utilities 421,200 288,231 68%271,904 16,327 Communications 5,800 2,673 46%3,268 (595) Insurance 38,000 30,854 81%32,318 (1,464) Travel and Training 9,800 4,788 49%5,212 (424) Miscellaneous 65,730 48,979 75%53,117 (4,138) Materials and Supplies 317,076 162,747 51%132,820 29,927 Depreciation - 568,399 0%569,974 (1,575) Capital 516,451 98,818 19%840,538 (741,720) Contingency 155,423 - 0%- - Total Production Expenses 3,660,783 2,555,632 70%3,237,470 (681,838) Salaries of Personnel 750,853 448,932 60%375,959 72,973 Fringe Benefits 361,704 205,700 57%170,448 35,252 Contractual Services 888,188 635,651 72%557,995 77,656 Printing and Binding - 136 0%- 136 Communications 4,950 3,320 67%3,575 (255) Insurance 32,000 34,275 107%29,734 4,541 Lease/Rent of Equipment 2,000 876 44%1,054 (178) Travel and Training 8,300 1,098 13%2,698 (1,600) Miscellaneous 35,530 21,869 62%19,180 2,689 Miscellaneous Credits (255,000) (264,533) 104%(223,338) (41,195) Materials and Supplies 182,374 117,416 64%103,087 14,329 Depreciation - 132,194 0%72,579 59,615 Capital 2,531,668 223,703 9%1,056,774 (833,071) Interest Obligations 1,594,020 81,220 5%99,362 (18,142) Total Distribution Expenses 6,136,587 1,641,857 27%2,269,107 (627,250) Income (loss) Before Transfers 145,395 1,072,983 (426,083)1,499,066 Transfers (Payment in Lieu of taxes)(145,395)(97,614) 67%(107,448) 9,834 Income (loss)-$ 975,369$ (533,531)$ 1,508,900$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Eight Months Ending February 29, 2024 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,997,000$ 4,707,415$ 67%4,607,149$ 100,266$ Other Revenue 149,896 95,357 64%129,100 (33,743) Reserve for Encumbrances 797,365 - 0%- - Total Operating Revenues 7,944,261 4,802,772 60%4,736,249 66,523 . Operating Expenses Salaries of Personnel 853,377 524,734 61%515,179 9,555 Fringe Benefits 402,342 243,450 61%225,211 18,239 Contractual Services 3,661,280 1,640,845 45%1,588,460 52,385 Printing and Binding 1,500 633 42%144 489 Advertising 1,500 - 0%- - Utilities 4,500 2,906 65%2,646 260 Communications 14,850 9,148 62%11,974 (2,826) Insurance 18,500 13,362 72%12,918 444 Lease/Rent of Equipment 3,000 876 29%1,055 (179) Travel and Training 12,000 2,550 21%5,574 (3,024) Miscellaneous 39,030 26,680 68%22,675 4,005 Miscellaneous Credits (325,000) (107,110) 33%(111,743) 4,633 Materials and Supplies 86,289 35,647 41%37,706 (2,059) Depreciation - 950,935 0%914,040 36,895 Capital 1,359,778 123,688 9%105,424 18,264 Interest Obligations 1,666,581 28,303 2%31,200 (2,897) Contingency 144,734 - 0%- - Total Operating Expenses 7,944,261 3,496,647 44%3,362,463 134,184 Income (loss) before Transfers - 1,306,125 1,373,786 (67,661) Income (loss)-$ 1,306,125$ 1,373,786$ (67,661)$ City of Salem, Virginia Sewer Fund Statement of Operations For Eight Months Ending February 29, 2024 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 359,850$ 270,576$ 75%289,111$ (18,535)$ Box office shows 1,500,000 1,021,734 68%1,237,618 (215,884) Catering and concessions - - 0%137,537 (137,537) Merchandise and commissions 177,500 239,535 135%144,430 95,105 Static advertising 55,000 23,625 43%24,125 (500) Miscellaneous income 15,000 18,294 122%21,044 (2,750) Interest Income - 1,086 0%439 647 Salem Fair 603,000 609,818 101%536,021 73,797 Reserve for encumbrances 309,197 - 0%- - Gain on Sale of Assets 834 834 100%- 834 Appropriated from Net Position 100,500 - 0%- - Total Operating Revenues 3,120,881 2,185,502 70%2,390,325 (204,823) Operating Expenses Salaries of personnel 1,421,099 913,526 64%866,405 47,121 Fringe benefits 571,127 335,818 59%304,726 31,092 Maintenance and contractual services 287,968 152,346 53%186,945 (34,599) Printing and binding 500 - 0%1,000 (1,000) Advertising 23,000 17,507 76%20,729 (3,222) Utilities 295,000 206,511 70%224,557 (18,046) Communications 13,900 6,867 49%8,670 (1,803) Insurance 28,500 29,351 103%30,924 (1,573) Leases and Rentals 3,200 127 4%275 (148) Travel and training 8,150 6,447 79%6,682 (235) Miscellaneous 99,268 75,767 76%65,816 9,951 Show expense 1,296,992 1,142,673 88%1,318,927 (176,254) Fair expense 546,100 624,734 114%556,940 67,794 Materials and supplies 81,500 44,755 55%19,223 25,532 Capital 1,093,563 361,942 33%60,408 301,534 Depreciation - 182,058 0%182,963 (905) Total Operating Expenses 5,769,867 4,100,429 71%3,855,190 245,239 Income (loss) Before Transfers (2,648,986)(1,914,927) (1,464,865)(450,062) Transfers 2,648,986 1,233,991 47%1,072,779 161,212 Income (loss)-$ (680,936)$ (392,086)$ (288,850)$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Eight Months Ending February 29, 2024 Schedule L Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 516,682$ 562,791$ 109%514,391$ 48,400$ Concessions 137,833 138,058 100%130,981 7,077 Moyer Concessions 25,000 - 0%- - Salem High Concessions 6,606 4,310 65%468 3,842 Total Operating Revenues 686,121 705,159 103%645,840 59,319 . Operating Expenses: Salaries of personnel 289,671 185,283 64%156,737 28,546 Fringe benefits 111,668 63,738 57%47,422 16,316 Contractual services 9,465 5,624 59%7,774 (2,150) Printing and binding 300 - 0%300 (300) Laundry and Cleaning 2,500 - 0%- - Communications 200 119 60%106 13 Insurance 1,800 1,877 104%1,521 356 Travel and training - 179 0%30 149 Miscellaneous 19,216 18,489 96%137,193 (118,704) Materials and supplies 203,081 179,310 88%167,857 11,453 Capital 60,000 5,084 8%- 5,084 Depreciation - 2,393 0%2,922 (529) Total Catering Expenses 697,901 462,096 66%521,862 (59,766) Salaries of Personnel 53,832 38,658 72%28,432 10,226 Fringe Benefits 18,808 8,753 47%7,665 1,088 Contractual services 4,000 16,712 418%9,996 6,716 Miscellaneous 150 332 221%49,915 (49,583) Materials and Supplies 27,500 46,190 168%39,242 6,948 Total Concessions Expenses 104,290 110,645 106%135,250 (24,605) Salaries of Personnel 9,745 - 0%- - Fringe Benefits 4,484 - 0%- - Contractual services 2,500 - 0%- - Materials and Supplies 13,329 - 0%- - Total Moyer Expenses 30,058 - 0%- - Salaries of Personnel 2,272 702 31%- 702 Fringe Benefits 209 305 146%- 305 Contractual - 1,005 0%- 1,005 Materials and Supplies 1,807 1,570 87%- 1,570 Total Salem High Expenses 4,288 3,582 84%- 3,582 Income (loss) Before Transfers (150,416)128,836 (11,272)140,108 Transfers 150,416 - 0%- - Income (loss)-$ 128,836$ (11,272)$ 140,108$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Eight Months Ending February 29, 2024 Catering Concessions City of Salem, Virginia Water and Sewer Capital Fund Statement of Revenues and Expenditures For Period Ending February 29, 2024 Schedule M Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 10,218,902$ Revenues: Transfer From General Fund 13,575,000$ 13,575,000$ -$ 13,575,000$ -$ 3,356,098$ Total Revenues 13,575,000 13,575,000 - 13,575,000 - 3,356,098 Expenditures: North Salem Water Improvements 6,200,000 - - - 6,200,000 - Roanoke River Upper Sewer Rehab 7,000,000 - - - 7,000,000 - Wiley Ct Sewer Improvements 375,000 - - - 375,000 - Total Expenditures 13,575,000$ -$ -$ -$ 13,575,000$ - Fund Balance, February 29, 2024 13,575,000$ Schedule N Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 7,846,412$ 6,036,231$ 1,810,181$ Revenue Premiums Paid - City 6,060,000 3,380,277 56% 3,181,893 198,384 Premiums Paid - School 5,240,000 2,909,175 56% 2,703,324 205,851 Premiums Paid - Retirees 765,000 446,361 58% 482,982 (36,621) Dental Premiums Paid 591,050 348,290 59% 345,635 2,655 Interest Earnings 90,000 252,967 281% 87,954 165,013 Miscellaneous 5,000 16,249 325% 4,467 11,782 Total Year to Date Revenues 12,751,050 7,353,319 58% 6,806,255 547,064 Expenses Health Claims 11,545,772 6,197,534 54% 5,339,428 858,106 Dental Claims 591,050 302,773 51% 288,429 14,344 Employee Health Clinic 511,332 268,504 53% 260,408 8,096 Consulting Services 96,896 51,191 53% 46,556 4,635 Miscellaneous 6,000 4,170 70% 3,889 281 Total Year to Date Expenses 12,751,050 6,824,172 54% 5,938,710 885,462 Ending Net Position -$ 8,375,559$ 6,903,776$ 1,471,783$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Seven Months Ending January 31, 2024 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending February 29, 2024 Schedule O FV as a Cash Value Net Change Fair Value % of 2/29/2024 in Fair Value 2/29/2024 Portfolio Demand & Time Deposits Concentration Account 51,701,501$ -$ 51,701,501$ 32.0% Payroll Account 10,133 - 10,133 0.0% Revenue Recovery Account 15,787 - 15,787 0.0% Utility Billing Account 66,090 - 66,090 0.0% Box Office Account 957,745 - 957,745 0.6% Held as Fiscal Agent of: Cardinal Academy 888,740 - 888,740 0.5% Court Community Corrections 1,476,434 - 1,476,434 0.9% Held on Behalf of: Economic Development Authority 498,949 - 498,949 0.3% Total Demand & Time Deposits 55,615,379 - 55,615,379 34.3% Investments Local Government Investment Pool (LGIP) 105,958,030 - 105,958,030 65.6% Held on Behalf of: Economic Development Authority LGIP 146,082 - 146,082 0.1% Total Investments 106,104,112 - 106,104,112 65.7% Total Deposits and Investments 161,719,491$ -$ 161,719,491$ 100.0% Item # 5A Date: 3/25/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: March 25, 2024 AGENDA ITEM: Hold the public hearing and consider amending Chapter 106, Zoning, Article IV Development Standards, section 106-406 miscellaneous provisions of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to storage containers. (Planning Commission continued from the November 27, 2023, meeting.) SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator SUMMARY OF INFORMATION: The Planning Commission has continued this item until their June 12, 2024 meeting. STAFF RECOMMENDATION: Staff recommends Council cancel the public hearing and first reading of an Ordinance for this item. Once the Planning Commission makes a recommendation, the public hearing and consideration will be scheduled for the appropriate Council meeting date and the public hearing will be readvertised. Planning Commission Meeting MINUTES Wednesday, March 13, 2024, 7:00 PM Work Session 6:00PM, Regular Session 7:00PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 6:00 p.m. on March 13, 2024; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid Garst, Neil L. Conner, and Jackson Beamer; together with H. Robert Light, Assistant City Manager; Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; Maxwell S. Dillon, Planner; and Christopher Dadak, on behalf of Jim Guynn, City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:02 p.m. and reported that this, date, place, and time had been set for the Commission to hold a work session. 2. Old Business A. Discussion of items on the March agenda 1. 860 Mount Vernon Lane rezoning from RSF to PUD A discussion was held regarding 860 Mount Vernon Lane on the March agenda. 3. New Business A. Discussion of items on the March agenda 1. 744 Electric Rd rezoning from HBD to HM 2. 1200 block Thompson Memorial Dr rezoning from RSF to HBD 3. Code Change Storage Containers A discussion was held regarding items on the March agenda. B. Discussion of items on the April agenda 1. Home Occupation Amendment - Oak & Bloom - 275 Fort Lewis Blvd 2. Use Not Provided For Amendment - 125 Knotbreak Rd Items for the April agenda were introduced, and a discussion was held. 4. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:34 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 7:00 p.m., on March 13, 2024. Notice of such hearing was published in the February 29, and March 7, 2024, issues of the "Salem Times-Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U.S. Postal Service. The Commission, constituting a legal quorum, presided together with H. Robert Light, Assistant City Manager; Christopher Dadak on behalf of Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, City Planner; and Charles E. Van Allman, Jr., Director of Community Development, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda A. Minutes Consider acceptance of the minutes from the February 14, 2024, regular meeting, and February 21, 2024, joint work session. Jackson Beamer motioned approve February 14, 2024, meeting and February 21, 2024, work session minutes. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. Old Business A. Amendment to the Zoning Ordinance Consider the request of Virginia Baptist Children's Home (dba HopeTree Family Services), property owner, for rezoning the properties located at 1000 block Red Ln and a portion of 860 Mount Vernon Lane (Tax Map #'s 41-1-1, 41-1-2, 41-1-3, 41-1-4, 41-1-5, 41-1-6, and a portion of 44-3-10) from RSF Residential Single Family to PUD Planned Unit District. (Continued from the February 14, 2024, meeting.) Jon Morris, President, and CEO of HopeTree, appeared before the Commission and thanked everyone for being at the meeting. He also thanked the Commission for the last public hearing and the public work session. We appreciated all the feedback we received, the dialogue in the public work session. We have had several other meetings since then to talk about some of the changes that we could possibly make, and we have made several changes to the application. He then asked Chris Burns from Balzer and Associates to speak about the changes. Chris Burns, Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before the Commission and stated that we have been working with Tom Lowe and the development team on some of the changes that have been made to the document. He feels like some pretty significant changes have been made in response to the feedback received and the additional discussions that the developers have had. He believes the Commission received a markup version of the document with the changes clouded as well as a detailed list of what those changes were. So, I’m not going to hit on every little change, but I am going to hit on some of the some of the more major ones, so the document was clarified, to add the maximum residential unit count at 340, which we have talked about previously; there was a maximum for hotel rooms on the site set at 34, which is consistent with what the discussions have been as far as what that type of hotel use that they see on the property. There was a maximum square footage of restaurant use set at 15,000 square feet, and then there was just a clarification really this was something that we talked to planning staff about clarification that home occupations would not count towards these maximum densities and that is consistent with the Salem zoning ordinance and how that is handled currently in all zoning districts. In addition to that on the land use plan, there were four areas at the northern end of the site that were revised from the T5 zone to the less intense T4 zone that covers the area that is across from North Oaks that fronts Red Lane, as well as some other areas south of that. There was a clarification added to the document regarding the sidewalk in the on -street parking along Red Lane that would be provided as part of the development. We have talked a lot about that but it was not specifically called out in the document so that's been added. In addition to that there were several revisions made to the use table. We removed several of the agricultural uses based on feedback that we got. The flea market use was removed, hospital use was removed, veterinary hospital was removed, and then there were several commercial uses that were removed from T4. This is not applicable to that specific zone. In addition to that we have continued to receive feedback and work with planning staff. There are some additional changes that we are willing to commit to that are not reflected in the current document—there were some commercial uses that were left in the T4 zone use table, which will be removed. I believe that there were a couple of boxes that were checked inadvertently in the use table. I just wanted to clarify that the intent is not to add any uses to the document, and we will get that corrected. In addition to that, we are willing to commit to a maximum of 340 total residential units to include any accessory dwelling units. So those would be included in the total. That was a question that we had received. And then a couple other uses that we are willing to remove from all zones within the development. And this is just contingent on assurance that this will not impact any of HopeTree's current operations. But we are willing to remove outpatient mental health and substance abuse as well as personal storage. The final change is we had a question about height of accessory structures and whether those could exceed the primary structure on the lot, and we are willing to change that language to limit the height of those accessory structures to the height of the primary structure. Thank you. With that, we would be happy to answer any questions that you all have. Vice Chair King stated she thinks she misunderstood what was said at the end of the work session, accessory residential structures are not allowed in the current zoning, they must be attached to the main residence. My concern is that accessory residential buildings will increase when you have at least one vulnerable car. I fully understand that the thought process there is to have something where a mom-in-law moves in or the child moves in who now wants to go to grad school needs a place to live, but when that need is no longer there, does it become rental property? And so, what happens here is it increases that overall number of 340. So, can I have some comments on that? Mr. Burns stated that is one of the changes that we're committing to is that the 340 would include any accessory dwelling units on the property, which is not what the language in the current version that you have says; but that's one of the things that we're committing to tonight so that the maximum would not exceed 340 and in truth those accessory dwelling units will actually generate less traffic than a typical residential unit would. Chair Daulton stated that staff has some concerns that have not been addressed: the difference between civic buildings and historic buildings and asked for clarification. Mr. Burns stated that is something that we need additional discussion on and is not 100 % sure exactly what that comment means. We just got that today, so we are certainly willing to discuss that and address it. Mary Ellen Wines, Planning and Zoning Administrator, clarified that on the use table where it says historic existing and civic buildings, it is not clear what the future use of those buildings will be and why they are differentiated between one or the other. She stated that more clarification is needed. Mr. Burns questioned if there were any differences in the use table as far as between the two uses. He apologized for not knowing the answer. Ms. Wines stated that there are a few differences, and we are trying to understand why there is a difference and how they are going to be used in the future. Mr. Burns stated that there is very little on the land use plan that is shown as a civic building; that of the buildings are shown as the historic core buildings in the middle of the site. Vice Chair King questioned if the 15,000 s.f. commercial includes the existing buildings because we keep seeing retail and restaurant space so if it does not, how much more commercial space is there. Mr. Burns stated that 15,000 s.f. is the maximum amount of retail and restaurant space including the existing buildings. Member Conner questioned if there would be other commercial uses--would there be office uses or other business uses that are anticipated. The only thing we are addressing is the commercial use, but there could be other business uses, correct? Mr. Burns stated that there could be office space. Retail and restaurant are two of the more intense, and so through the conversations those ones were identified as being critical ones to limit. Member Conner stated that he wants to make sure that it is not limiting the amount of other business space in any way, except as the plan is written. Chair Daulton questioned if the on-street parking and sidewalks on Red Lane were part of the proffers because there currently is no indication of what the improvements will look like. Mr. Burns stated that they are part of the document but are not shown in the graphics as we have not gotten down to that level of detail. That is something that would be submitted with a site plan for approval through the typical site plan process—site distance, widths of the parking spaces, etc. would be addressed to the satisfaction of the city during that process. Chair Daulton inquired about the placement of trees throughout the development. Todd Robertson of Stateson Homes appeared before the Commission and stated that the graphics in the document were not supposed to represent the distancing of the trees as it has to do with the species of the trees and other things, but they want to form a canopy and a visual break along Red Lane. Vice Chair King inquired about the commercial part of the concept—the concept shows miscellaneous, commercial, office, and civic—and wants to make sure that everything combined is to be 15,000 s.f. or less. Mr. Robertson stated that is not what is proposed at this time. Currently, much of the campus at HopeTree is used for office space—approximately 103,000 s.f. HopeTree will continue to house its offices in the existing buildings on the property, which will be over 15,000 s.f. Several of the buildings are vacant, but there are offices in multiple buildings as well. He believes HopeTree is planning to focus on two buildings—one for a smaller school and the other for offices that are handicap accessible and a better facility. Vice Chair King clarified that the 15,000 s.f. commercial use does not include HopeTree’s offices. Mr. Robertson stated that it does not, but the to place the offices in one of the buildings that are currently underutilized. Ms. Wines clarified that the maximum 15,000 s.f. is for retail and restaurant use only, not other nonresidential uses. A discussion was held regarding 15,000 s.f. and comparable building sizes, use of HopeTree’s cafeteria as a restaurant, etc. It was noted that each commercial space in the project will not be larger than 5,000 s.f. Chair Daulton inquired about cemetery use on the project. Mr. Robertson, stated that there are not plans to create a new cemetery on the property and they will remove that use from the proposal, but will have to protect any existing cemetery. Member Garst questioned if removing the outpatient mental health services will affect HopeTree’s mission. Mr. Morris stated that HopeTree currently does outpatient mental health counseling, but not substance abuse counseling. A discussion was held regarding the uses at HopeTree and the difference between outpatient mental health services and outpatient substance abuse services. It was noted that HopeTree wants to continue outpatient mental health counseling but does not and will not offer substance abuse outpatient therapy. It was noted that HopeTree’s use needs to be specifically noted within the existing use table. Chair Daulton noted that it would be beneficial for HopeTree to meet with Planning Commission members one or two at a time to go over the commercial uses line by line to remove any unneeded uses. There has been so much information given and more time is needed to go over the documents and suggested the item be continued until the April meeting. Jackson Beamer motioned to approve to continue the item until the April 10, 2024, meeting. Vice Chair King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the City Code - Chapter 106 Zoning Hold public hearing to consider amending Chapter 106, Zoning, Article IV Development Standards, section 106-406 miscellaneous provisions of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to storage containers. (Continued from the November 15, 2023, meeting.) (Staff has requested to continue item) Jackson Beamer motioned to approve to continue the item until the June 12, 2024, meeting. Vice Chair King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. New Business A. Amendment to the Zoning Ordinance Hold public hearing and consider the request of E3MAG LLC, property owner, for rezoning the property located at 744 Electric Road (Tax Map # 155 - 2 - 2.2) from HBD Highway Business District to HM Heavy Manufacturing District. Staff noted the following: The subject property (744Electric Road) consists of a 2.036 acre tract of land which currently sits within the HBD Highway Business District designation. To provide a bit of history, this parcel was formerly zoned HM Heavy Manufacturing until a 2007 rezoning reverted its designation to HBD Highway Business District. Since then, the St. John Place Commerce Center has developed in an industrial nature, and correspondingly, this request seeks to return 744 Electric Road to the HM Heavy Manufacturing classification. This request mimics several successful rezoning applications in recent months to revert the undeveloped land within the St. John Place Commerce Center to an industrial setting. This parcel is currently vacant, but a concept plan has been submitted to prepare it for future development. While there is no concrete site plan for the future development of the property, the uses specified in the HM Heavy Manufacturing District are consistent with existing development in the adjacent St. John Place Commerce Center. Although some of the site sits within the floodplain, any future development will be elevated above the 100-year floodplain to meet the necessary requirements. The Future Land Use Map (FLUM) identifies this area as industrial, which is consistent with the proposed future utilization of the property. Barney Horrell, Brushy Mountain Engineering, 3553 Carvins Cove Road, appeared before the Commission and stated that this is the last tract of land in the St. John Place development that is still zoned HBD, and the request is to rezone the parcel to HM, which is consistent with the other parcels in the development. Neil Conner motioned to approve the request of E3MAG LLC, property owner, for rezoning the property located at 744 Electric Road (Tax Map # 155 - 2 - 2.2) from HBD Highway Business District to HM Heavy Manufacturing District. Vice Chair King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the Zoning Ordinance Hold public hearing and consider the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single-Family District to HBD Highway Business District. Staff noted the following: The subject property (1200 blk Thompson Memorial Drive) consists of a 2.674-acre tract of land which currently sits within the RSF Residential Single Family zoning designation. The applicant is requesting a rezoning of the property from RSF to HBD to facilitate the construction of a gas station, convenience store, and drive through restaurant development. Situated adjacent to Interstate 81, this property is uniquely positioned to potentially serve the commercial needs of both travelers and local residents alike as there are no other commercial establishments currently located in this portion of Salem. Furthermore, the approved Edgebrook Development to the north of this site in Roanoke County may catalyze the evolution of its surrounding corridor. Still, the subject property is currently bounded (within Salem) by residentially zoned parcels, many of which serve single family homes. A conceptual site plan has been included with the submittal that displays a proposed convenience store and restaurant positioned behind the gas pump structures (located closer to Thompson Memorial Drive). The exhibit indicates two separate access points – one which intersects Penguin Lane and the other with Thompson Memorial Drive. If this rezoning application is approved, this development project is subject to site plan review and corresponding compliance with Salem’s ordinances. The Future Land Use Map (FLUM) identifies this area as residential which is inconsistent with the proposed future utilization of the property. Compton Biddle, attorney with OPN Law, 110 East First Street, Salem, appeared before the Commission on behalf of the property owners. He stated that they have owned the property since 2007 and during the course of their ownership, they have realized that the property is not developable as residential land and would like the parcel rezoned to HBD Highway Business District in order to build a gas station, neighborhood store, and fast-food restaurant. He clarified that it will not be a truck stop and is not intended to serve 18-wheelers or accommodate them overnight— there is no room and no plans for it. It is designed to be a neighborhood store more along the lines of you get off the highway to go to your home and you need to get gas, you can get gas, get a cup of coffee in the morning, or if there is an urgent need like cold medicine or something, you don’t have to get on the highway or go into town to get it—you can just go to the neighborhood store with the idea there also would be a fast food restaurant with a drive-thru next to it. He stated that the applicants have been residents in the community for 25 years and want to be good neighbors. This is not something an out-of-town business is trying to shove upon the community. The owners would like to have one of the gas pumps dedicated to a donation per gallon to Salem High School sports. They also have an extensive landscaping plan to try to keep the neighborhood feel that it’s intended to be and to be consistent with the Thompson Memorial corridor. He stated that Ben Crew with Balzer and Associates is also present to further answer questions regarding the project. Member Conner noted that a gas station is one of the more intensive uses in the Highway Business District. A discussion was held regarding the traffic associated with a convenience store, if VDOT will need to be contacted; underground stormwater retention; the amount of rock on the site, etc. Mr. Biddle gave the Commission the landscaping plans proposed for the site. He noted that the proposed plan is similar to the store located off of Exit 132 at Dixie Caverns and will have an EV charging station. Chair Daulton noted that the speakers will have three minutes to speak during the public hearing and opened the public hearing at 7:48 p.m. Jim Williams, Winston Estates, appeared before the Commission and asked for a show of hands of the people present who live in the area near the project. He then asked for a show of hands from those people who raised their hands who want the project. Case closed. Archie Pugh, 1416 Evergreen Court, appeared before the Commission and stated that he is a lifelong resident of the City of Salem and has been a resident in Salem Woods for 28 years. He stated that he is vide president of a utility that covers 13 states, is a registered professional engineer in the states of Virginia and West Virginia. He further stated that he is not representing the utility, but feels it is important to know his background as he has a career in engineering, structural analysis, foundation design, and geotechnical engineering to enhance our transmission grid. He is opposed to the rezoning due to the high cost of site development. The presence of extensive rock will result in a high cost of grading and foundation design, which is often underestimated and results in extensive foundation costs. When foundation and grading is over budget, it is usually the result for the developer to save those costs in the above ground structure, and he expects that to happen with this project. The significant drainage pattern that runs through the center of the property will result in an extensive cost of underground culvert system. There is currently a stream that flows on the property and has running water in it regularly. There is currently a four-foot culvert that takes the water away from the property and will incur additional subsurface costs in order to take the drainage away from the property. Due to this, he feels the developer will overshoot their foundation budget and developments costs and will save those on the above-ground structure. Very often there are suspicious out-of-state vehicles that come off Interstate 81 and park on Penguin Lane. He has called the police numerous times to come by to let them know they are being watched. If there is a commercial business on the parcel, it is going to give an avenue for people to come off the interstate and use the property for what he feels are suspicious activities. Finally, this exit is the gateway to the City of Salem. Currently there is a welcome sign, plantings, trees, and the beautiful boulevard of Thompson Memorial Drive. Roanoke College has made extensive enhancements to their campus entrance. This is the entrance to Salem, it’s the entrance to Roanoke College. What do you want the traveler to see when they exit Interstate 81 and approach our beautiful city—a four-pump gas station sends the wrong message to travelers. Carrie Pugh, 1416 Evergreen Court, appeared before the Commission and stated that she has been a resident of Salem Woods for 28 years. In her professional life, she was the assistant real estate manager for the Kroger company for over 21 years, handling new store development, but specifically the fuel center program in a six- state region. She personally led the development and installation of over 35 fuel centers and three of which are in Salem. From this experience in not only commercial real estate, but specifically gas stations, she is opposed to the rezoning of the property for the following reasons: she has spoken with VDOT, and it is not desirable for the egress of the site. According to discussions with VDOT and the Salem District P.E. Mr. Blevins, the standards of VDOT and the Federal Highway Administration, this site would not meet the spacing standards for commercial entrances, signals, intersections, and crossovers. The limited access right-of-way that is shown on the plan onto Thompson Memorial Drive does not meet the minimum traffic standards per VDOT. The code notes spacing for a commercial entrance in a 45 MPH zone to be 305 feet from the entrance ramp. Penguin Lane is currently in that 300-ish feet setback so that you have an idea of reference. Based on the survey in the proposal, it appears that the right-in, right-out is about 175 feet, which creates a dangerous situation from a traffic standpoint and would not be permissible. To have the only access point off Penguin Lane does not create a very desirable real estate site. In addition, the intersection at Penguin Lane and Thompson Memorial Drive would not ever meet VDOT’s requirements for a traffic light. She also stated that there is almost 100 percent residential single family from the 140 exit down to Roanoke College and highway business district is a big jump from that. Unless this use is proffered, the rezoning will open about 60-plus additional uses that could be on the property. Blair Burns, 1204 Mountainview Drive, appeared before the Commission and stated that she has lived at that address since 1996, which is located at the end of Penguin Lane. She has similar concerns as the previous speakers. Thompson Memorial is our prettiest access to Salem. The other two exits that enter Salem are fully developed—hotels, restaurants, fast food places. Thompson Memorial is the only one that is memorable, and she would like to see if left as it is. She opposes the rezoning. The parcel in question is divided by Penguin Lane and if the property is rezoned, the other side of Penguin Lane could be developed as well. If this were to happen, she feels it would negatively affect the property values and negatively affect the viewshed when you come into Salem. Traffic is also a concern with gas tanker trucks coming into the property, beverage and other food delivery trucks coming onto the property at all hours of the night. Plus, it is already hard to find the right shot to get across the intersection at Thompson Memorial Drive from Penguin Lane, or to access the interstate from Penguin Lane. Lawrence Kessman, 353 Penguin Lane, and has lived there since 2021 when they moved from Lake Wise in South Carolina, but he grew up in Salem and loves Salem. While he shares the other concerns addressed, he is also concerned about our children. Common sense tells him that if you build something right off the interstate, you are going to draw those travelers not from this area to stop there and wonder “what’s up this road” and then travel into the neighborhood and possibly bring predators into the neighborhood. The children need to be protected. He asked the Commission to listen to his constituents because their concerns are valid. Don Thomas, 1304 Panarama Circle, appeared before the Commission and stated that like many of his neighbors, he is here to voice his concerns about the rezoning request. His perspective on the matter comes from both a practical and a professional standpoint. In addition to being a resident of Salem Wood Subdivision, he is a certified general real estate appraiser licensed by the State of Virginia and has been licensed since 1992. He stated that one of the criteria for a property achieving its highest and best use is for it to be financially feasible. He questioned if the finished site that the proposed rezoning provides a large enough footprint to achieve the necessary economies of a scale for an economically viable convenience store and asked if a feasibility study of the project has been given to the Commission. He also asked if a traffic study has been done to show the number of cars and trucks that must come to the side for it to be a financial win for the developer. He further stated that he can state with certainty that high value properties are without exception more negatively affected by undesirable external influences and are affected in a higher rate than lower value properties. According to the city’s most recent reassessment, the average market value for the 86 homes in the neighborhood is approximately $460,000. The Virginia Association of Realtors published in January that the median home sale price in Salem is about $250,000. Paul Scolneck, 1309 Winson Drive, appeared before the Commission and stated that he shares the concerns previously shared and emphasized the traffic issues. He stated that if you’re going south on Penguin Lane and turn left to go east on Thompson Memorial Drive, it is a very difficult turn as there is traffic all day, but at certain times it is almost impossible to make the turn due to the traffic. Likewise, if you are going east on Thompson Memorial Drive and try to turn north onto Penguin Lane, it is also difficult to make that turn. He feels that if a traffic study were done, this project would be “dead in the water.” He asked the Commission to consider all the concerns that have been mentioned. Chair Daulton paused the hearing at 8:06 for a brief break. The meeting was reconvened at 8:11 p.m. Gary Saunders, 367 Penguin Lane, appeared before the Commission and stated that he has lived in the neighborhood twice. He stated that a commercial establishment is being proposed but half of the traffic coming into the site is channeled back out into a residential neighborhood. Unless you live on Penguin Lane, you don’t realize how many people go onto Penguin Lane and think they’re on the ramp to I-81. He and his neighbor had the fun of repairing our yards last winter after a tractor trailer came on Penguin Lane and used our front yards as the cul-de-sac to turn around in. He opposes the rezoning. Buster Mowles, 342 Academy Street, appeared before the Commission and stated that he does not live near the parcel, but lives in Salem and has his entire life. He stated that curb appeal is a big deal, and that exit is our curb appeal to Salem. He travels to see his grandchildren in Maryland and Florida and uses that exit to get back home and feels that the gas station will end up looking terrible and we don’t need something like this for the entrance into our city. He opposes the rezoning. Virginia Frame, 1412 Evergreen Court, appeared before the Commission and stated that she has walked the neighborhood with a petition to be presented to City Council that nearly everyone has signed saying they are against this project. Curtis Ellwanger, 150 Freedman Lane, appeared before the Commission and stated that he lives in the house that you cannot see and has lived there for 24 years. The drive-thru being shown in the proposal will be 17 yards from his front door. He stated that when his water system was installed, it had to be blasted to place the water line and he could not connect to city sewer because it would be too expensive blasting to install it; therefore, he has a septic tank which is right near the property line of the parcel. He is concerned the affects the blasting to clear the site will have on the foundation of his house. He further stated that even though this is not proposed to be a truck stop, trucks will stop there. Trucks currently stop along the entrance ramp to Interstate 81 and he has the Virginia State Police on speed dial for tractor trailers using the entrance ramp as a truck stop. He is opposed to the rezoning as he feels it will cause damage to his house and he doesn’t feel it is for the well-being of the rest of the neighborhood. Tracy Patton, 318 Penguin Lane, appeared before the Commission and stated that she and her husband have lived there approximately 17 years. They love their home, and this is the most beautiful entrance to Salem. She feels the development—blasting will cause damage to other homes and will decrease the property value of the homes in the neighborhood. Susan Robertson, 1400 Evergreen Court, appeared before the Commission and stated that she feels the truck traffic parked along the entrance ramp to Interstate 81 will get worse once there is a convenience store. It is a safety hazard and a fire hazard. There are woods all around and it is a haven for wildlife that will be affected. She opposes the rezoning. Bill Robertson, 1400 Evergreen Court, appeared before the Commission and stated that everyone has had a lot of important points—traffic safety, traffic merging off the interstate to get to a ramp here to get fuel is going to increase the risk and accidents. The City of Salem Emergency Services is going to bear the cost of that so any tax revenue that might be gained from this project is going to be quickly offset by servicing. He stated that fuel will be leaked into water and wildlife will suffer. He purchased his residence due to the secluded entrance and the proposed development will destroy that. He opposes the rezoning. Russell Deyerle, 620 Red Lane, appeared before the Commission and stated that he was originally present due to the other major item, but decided to stay for this item. He stated that he has an uncle who owned a gas station in South Carolina that was near an exit ramp but closed it down due to the number of times it was robbed being that close to the entrance of the interstate. He further stated that I-81 is like I-95 and is considered corridors for trafficking children, sex trafficking, as well as gun trafficking. He feels that adding something like this could add problems, crime, to the neighborhood. He is also concerned about the traffic issues. He opposes the rezoning. Ted Dyer, 357 Penguin Lane, appeared before the Commission and stated that he also owns 15 other properties in Salem. He stated that the “bunny trail” is not an adequate second way to get out of the neighborhood and has been overlooked by the city for years. If a fuel trailer or tractor trailer can get on this property, so can any other tractor trailer coming down the interstate and they are not going to change the way they service this. Second, the extra property on the side can now allow for the Ferrell’s property and the Winston’s property that is for sale right now for about $875,000 to be resold. He stated he would buy it tomorrow and put five hotels on the property. This development will change the entire gateway of how our city looks by allowing this to happen. You can have several different businesses on the property if it is rezoned and this is the one chance to veto changing a residential single-family parcel to highway business. There are other EVs in Salem— they are at all the Sheetz stores. He also has a petition of over 140 people and counting who are neighbors in the community of this city opposing the rezoning. The Penguin Lane neighborhood is a great community, it is a high-function, highly involved members of the Salem community—business owners, car dealers, schoolteachers, principals, lawyers, doctors, clerks of this city, public workers, employees of the city, construction workers, retirees, etc. It is simple, we as a neighborhood and taxpayers do not want a gas station and do not want a zoning for highway business into our residential single-family neighborhood and will do little for our neighborhood. We have managed without a gas station for years and can live many years to come without another gas station. He feels that this store will mainly cater to interstate traffic, and he will not stop at this store if it affects the way I drive to Salem. Gary Sovine, 1229 Forest Lawn Drive, appeared before the Commission and yielded his time to Mr. Dyer. Mr. Deyer stated that we are here to look at the possibility of the land use, and not what could possibly go on the parcel. If the rezoning is approved, he will purchase 27 acres for sale and will change the way the gateway to our city works. Our city is pretty, our city is elegant, and we should not change the major gateway. As this moves forward to City Council, we will petition, and our petitions will continue to add over 200 names to show that the community of Salem does not wish for this to be a high business district and to remain a residential single family. Mr. Sovine, reappeared before the Commission and stated that he has a concern for safety. He knows what safety is like on the highways as he had a daughter killed in 1995 because of an intersection that is not even quite as bad as this one. He opposes the rezoning. John Byrd, 1803 Winston Drive, appeared before the Commission and stated that he is concerned about the crime, litter, light pollution, and the Gish branch which is the name of the little stream on the property. He does not feel this is an environmental win or a win for the City of Salem. He opposes the rezoning. Stella Reinhardt, 213 North Broad Street, appeared before the commission and stated that he agrees with all the previous comments. She stated there are other gas stations at the other exits to Salem. This is the pretty entrance to Salem. She opposes the rezoning. Dennis Twine, 349 Penguin Lane, appeared before the Commission and stated that he is the next closest to the development and has lived there 20 years. He has multiple items stolen and feels this development is not a good idea. No other person(s) appeared related to the request. Chair Daulton closed the public hearing at 8:43 p.m. Mr. Biddle reappeared before the Commission and asked that the Commission continue the item so that the issues brought forward in the meeting can be addressed with a neighborhood meeting. Neil Conner motioned to continue the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single-Family District to HBD Highway Business District to the April 10, 2024, meeting. Ayes: Beamer, Conner, Daulton, Garst, King 5. Adjournment Neil Conner motioned to adjourn at 8:46 p.m. Jackson Beamer seconded. City Council meeting, March 25, 2024, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item #6A Date: 3/25/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing and consider the request of E3MAG, LLC, property owner, for rezoning the property located at 744 Electric Road (Tax Map # 155-2-2.2) from HBD Highway Business District to HM Heavy Manufacturing District. (Advertised in the March 14, and 21, issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 7 of Planning Commission minutes.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Industrial Existing Use: Vacant Proposed Use: Future Development (commercial, office, industrial) The subject property (744 Electric Road) consists of a 2.036 acre tract of land which currently sits within the HBD Highway Business District designation. To provide a bit of history, this parcel was formerly zoned HM Heavy Manufacturing until a 2007 rezoning reverted its designation to HBD Highway Business District. Since then, the St. John Place Commerce Center has developed in an industrial nature, and correspondingly, this request seeks to return 744 Electric Road to the HM Heavy Manufacturing classification. This request mimics several successful rezoning applications in recent months to revert the undeveloped land within the St. John Place Commerce Center to an industrial setting. This parcel is currently vacant, but a concept plan has been submitted to prepare it for future development. While there is no concrete site plan for the future development of the property, the uses specified in the HM Heavy Manufacturing District are consistent with existing development in the adjacent St. John Place Commerce Center. Although some of the site sits within the floodplain, any future development will be elevated above the 100-year floodplain to meet the necessary requirements. The Future Land Use Map (FLUM) identifies this area as industrial which is consistent with the proposed future utilization of the property. REQUIREMENTS: The proposal meets the requirements of Section 106-220.3. Site development regulations for HM. Tax Parcel 155-2-2.2 (744 Electric Road) BEGINNING at a point on the east side of the Electric Road right-of-way at the northwest corner of Tax Parcel 189-2-1; thence following the Electric Road right-of-way line along a curve to the right with a Radius of 2825.29 feet, Arc Length 354.39 feet, Chord Bearing of N 18° 25’ 02” E, and Chord Length of 354.16 feet to a point; thence departing said right-of-way and following the southern property line of Tax Parcel 155-2-2.1 a bearing of S 69° 39’ 28” E for a distance of 187.89 feet to a point on the centerline of a 24’ cross-access easement (as recorded in P.B. 11, PG. 48-50, Slide 193); thence following said easement centerline a bearing of S 10° 07’ 00” W for a distance of 449.97 feet to a point; thence departing the centerline of said cross-access easement a bearing of S 41° 03’ 47” W for a distance of 7.41 feet to a point on the northern property line of Tax Parcel 189-2-1; thence following said property line a bearing of N 48° 56’ 13” W for a distance of 270.76 feet to the point of BEGINNING, and being known as Lot 13-A-2, containing 2.0356 acres, as shown on “Resubdivision Plat for Wiley Development, LLC, Showing Lot 13-A, Resubdivision Plat for the St. John Place Commerce Center (P.B. 12 PG. 5-6, Slide 199)”, dated August 04, 2023, by Caldwell White Associates, recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 16, Pages 82-83, Slide 246. Legals • Botetourt County Legals • C,ty o f Radford PARCEL OF LANO LOCA TEO IN: West Ward of the City of Radford, Virginia Containing 0.2479 acres, more or less IN EXECUTION OF A CERTAIN DEED OF TRUST OF RECORD IN THE CLERKS OfJ'1CE OF THE CIRCUIT COURT OF RADFORD CITY, VIRGINIA, 14.S ABC NOTICE INSTRUMENT NO 201100838, DATED 15 f'EAKs U C, nc11ng u AUGUST 29, 2011, 15 f'EAKs , 5053 ~ WHEREM, BY DEED OF CREEK RD ROANOKE VA .=i:~ =0AND 24012 SEPTEMfJE.R f , 20f0 -7 t t 5 trlliili-, --Rl::COl<il8D·11tHH ·-H'OREINl).QSIK'a ....,.,.ID.__ OFACEAa1NStlUENT ALCOH0UC IEIIBWlE 110: 201IDDI04 llE DEB> ~ITY~FMM Of'TRUST WAS ASSUMED BY loWIK WINERY..,.. lolll °' BROOKNEll DEFAULT l1llndactin -HA\IIHG BEEN ~ --INTHEPAYMENTOFTHE M DEBT lHEREJN SECURED ~BEL, AND BEING REQUIRED Legals • C,ty of Radford AM THE REAi. ESTA TE WITH IMPftOIIEME:NTs 'THEREON KNCM,j N«J DEscll18ED M FOU.OWS Nllh■l--or ........ dlond_.,_ '"--.,._,and .. ~ .__,_... ...... """and being In .. CllyalR-.i ...,,_and~-,__ BEING II ct t..11128 and 28, pell ct la 27 30 3◄ 35. Sectoor, I . Plon C, Radi'onllM>dond .,._eon_, t..111 , ~ 0.2◄l'V ..._(10,IOOoq ft.~• ~---... onoplotd"-""Yenlllod Ph)'lbl S..W, Loll 28 21 and Par1 ct Loll 27, 30. 3◄, 35Sodia,,1 Plane ~IM,d and ~ Co Wast Won! cay"' 11-.i, ~ for Ronald R. s-.·.-Augw123 2011 , Job No 5851111 by ..._ Cornd Gn>oedooe II, lM>d Sulwyor, Mothowo ■nd tienogwlnc., ~er,g"-a ■nd lond ...-..yo,s, •C011Ydwhlchlaotllcll0d hMlo and mode. pert horeol and ......... ~ made ID said plel ct 141fwy lor • mora ■a:urall deecripclo,,otlllel>'-'Y herein ""'Ml'ld. SALE WILL BE MADE SUBJECT TO All .,.at 1 SALBM TIMES--8£GISTBR • THURSDAY, IIIARCH 14, 20:24 • ,: Legals • City of Radford EXIITlHO EASEMEHTS NIO RESTRICTM COVEIWITIMlllE SAME MAY LAWFUU Y AFFECT THE REAi. ESTATE TERMS Of SALE CASH. SETTUMENT WITHIN FIFTEEN (15) DAYS Of SALEAIIIOOERS DEPOSIT Of TEN PERCENT (1°") MAY IE REOUll!ED l'lACE Of SALE FRONT OF RADFORD CITY COURTHOUSE. AT ate SECOND STREET RADFORD VIRGINIA DA TE Of SALE MARCH 211 202◄ TIME Of IW.E. 10·00 A.M Oonl■i D Harnnd,, PC ~T- Byl>lr-■IDH■mridc, "9ent For Oanlol D Harnnd,, PC FOR INFORMATION CONTACT Oenlel D Harnnd,, Aeenf Doniel D Hamric:a, P C 10◄ SouCh Frafll<in S1roe1 Clwlationabure, VA 2◄073 (~)382-0131 Legals • City of Sa lem Notice Is hereby given to ■11 lnlereoled -that lho Counal ct tho City ct s-n.111 ltoreguw..-,gon Monday Mao:/125 2024, ot 8.30 p.m , In 111e Coundl c-.. c;cy Hal 11◄ North Brood Slreet, In lho City of Salem. V"II.,.., will hold • public Legals • City o f Salem hNltno pu!IIMl'lllo s.dlorll 152•2204 •rd 1$2-2215 dthe Codi ol \llrplll, - --lo--- .-,., ol lhe falowfng ......... -..... COOEOf lllE CITY OP 8AL£M, VIRGINIA. 1Coneldor ... ~d EJMAOUC,,.,_ty -tor!WO<q Ille Pf"""1Y localed 11744 Elodrtc Rold (Tu Mop I 155 •2 ·22) rrom HBO Hlghw,y ~0illrtl:ttoHM Heavy MlnuflCMlng Olatrtct 2 Conolder the ...... t of l'tnuoll R Petal and Scnal P PIIII.~ -· ""~ ... p,operty localad al 1200 btodt Thompoon Mor-"IOrlw(Tu M■pl 20 • 2 • ◄) fn,m RSF R.......,~ Fnly Oialrict to HBO Highway 8-Olatrtct ff eppro,,ed, s..m Clly ~ lnlenda lo ldopl ... ordln■ra(a) IOIOdllacl Wlthlhe ■bow lwn(a) on fnt !Mding, wf1h . ~ ,-d/ngdlhoM ordinance(•) at • ... ~ ..-,g ~dlhop,opooed plans,-.. omondrnenlo -bo onmlned In 1he Office ot Convnunlly ~.215owh Bn,ffey Sirwet, Solom, l/lrvlnla Al Nici hoaM9, po<lleo In lnlerell and clUnno lholl have on oppo<1Lwlily lo bo hoa!d relll!Mo to 1he u KI -'" THE COUNCIL OF THE CITY OF SALEM, VIRGINIA RADfORD!T°i-;;:! Logals • City of Salem av HRober!Ugl,t ClotttllC:0-, NOTICE OF PUBLIC HEARING ~.hnby ...... to .. ----the! ... lloerdoflri!G=ol !he Clly "'Solem, ... ho4d. pubic~"' ~-.. p,O'Aaioneo(6--.15.2• 2204 lrd 15 2,.2l()9 ol ... 1850 Coda of lllrp, M ""1en<Md, on~ 27 202◄ ll ◄OO p m .,,_ Council~ olCty Hel.1 t◄Hoo1h8,oec!Slreel, "' !he Cify ol Solom, \/lrglnla. lo conelder ... folo,w,glPl)lcallorlt The19qUNt of c:.,.,f em.. p,operty -"" ov....,..rron,s..oo,, 108-202.3(8)(1) of the City o(Selen, ZrilG OnlNIU Pffl8inlnulotle dtYelopment,...,...,.., tor ... p,operly ~ at 2933 Pllllpe BIOOk i.-, Tu Map I 211G-t-3 9 The pet,tloner la NqUelling . ◄ foot '"'y...i ae!bad< v■tfance to"""'the conalNdion o( 0 12 X 18 """""'"' odclalol, Sedion 106-202.3(8 )(1) lla,_lhotlhe_,ylld Nlbod< l'wlhe pnnclpel .-.1n 111e RSF -SlrlgleF■mlly zoning -Is 25 feet, Al 1hlo '-ring, ot1 pof1ioe In ln-wil be gl,enan ~tobohHrcl, ~8Yldonceond.,_ -why--- ohouldO<ohouldncK be gr■r,Md , For_,., lnfonnlltlon, conlacl Ille Oflb of the Zoning Admlnlolnltor, 21 SOulh BNflaystrMl,s.lom Legals • c,ty of Sa lcrn Vlrgfnlll ,_ $7S)l1$ZHO). THE 90AAO OF ZOHICfr< N'PUJ,J?,OFTiiE OF 8AL£MIIY MMY Ellll H Vmee,CV.,CFM PIIMi-9&.lrilO AdrnlnlR-llor ; ~ 0 -~ -~ ~ ~ ::t:J ~ ~ ■ Ctlr:==J -~ ~1 TO 00 SO BY lHE NOTE. Objoc11cna to 1he NOlEHOt.OER, THE 1UU81,ce o(1hoo 1c:e,-UNDERSIGNED muot bo 11.ibn',lled to AOC SUBSTTTUTE TRUSTEE, no i.ter than 30 days r,.,.., AFTER GIVING BOUGHT. SOLD. SAVED. the putoiolwng data ct the FOURTEEN (1◄) DAYS first ct 1wo required DUE NOTICE TO lHE ~ legal nalJces. OWNERS OF lHE OIJjoctioi,.shouldbo REAI.ESTATEOFTHE ~ar DATE, TIME.PV<CEAND www abc.wginiagoY 0< TERMS OF SALE, WIU 800-552-3200 OFFER FOR SALE AT PUBLIC AUCTION, IN FRONTOFlHE THE CLASSIFIEDS DEllVERI STATEWIDE ADS AUCTIONS ATTN AUCTIONEERS Advertioe your upcoming -atAltewide and "' oilier states Affordable" Print and D,g,tal 5otu1iona reachlng your target audiences Cal 111= or Landon Clal1c at • Pr-. 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STATEWIDE ADS STATEWIDE ADS Comprehensive Services· Gulde 1-888-368-7599 or Consuttallon, Production, visit dorrancelnfo.com/ Promotion and Distribution. vapreu C.N for Your Free Author·• -. ._.., ...... ....... <Wa-VJVM PAGE 8 • THURSDAY. l'IARCU 21, 2024 · SALEH TIIIIES-REQISTER Auctton~ PUB LIC NOTICE l!,e ...... ., .. .................... lll'lltllcAudloft ~22.2024 .. ,,.., .. I•~ ........... ._,_Dr a,-._..v,._ U4F21 1 ■1--■ty­ ............ ...,,.,.,.T..,. CAIN0"Cl'IEOIT l:MDATIALE. Autos -Cars 18H Mont. Carto SS ..._ __ ..... _ Col i401-1 ...... . ......_ __ f.SOOOoeo C...on1y-r-... .,..._ •• wi...~ ...... ~or--..., aeklorlto,,pyJ ........... '-"' core PIOduclo tor ""'-.dooo,&ce1o H&H 0uldooi. 254-2420 lf:'gals -Botetourt County ABC NOTICE 15 PEAKS LLC, ~ n 15 PEAKS, 5053 GLADE CREEK RD RONfOKE VA 2<1012 Thi lbow-•II: I l11•t II llllllll!'IIDhVIRGINIA ALC0tt0UC IEVEIWJE C0N11a.-, IIIIIIUINtirafflll ~-------..... OMGN<SEIIIEI._ ~ HOTEOOjoccio,,o,o.,_ -o(-- muet be eubmfttecf to ABC no low lhan 30cfeY91'om ... ~_.,.,,. lnlol-NqUh,d -los,ol--oi;-..,_.,. Ng-.cl ll _...,_wgna._or 80().652-3200 ABC NOTIC E Sunoela...11,....,, Pllnllllorilncndlng• SunNI Grae and Canng, 2414 Coony CUI Rd , T ....... , VA. 2417&-3820 ,,_.._ 11 h1•Cla ...... ID .. IIIRGNA ALC0tt0UC IIEVEAAGE CONTROi. (MIC) AUTltORITY far a AMII On andoac. ....... -. ... ,andlillllld ....... ......... Of ......... llcoholc ....... Danald.-,o.n. NOTE:~ID .. ...... ., .. ..... _,. ......... I«:, ............... ........... ., .. .. ., ........ ................... ~lllllllldlla ....... II -.llic.wglnla.p Of ..,..-3200 ABC NOTICE ICNMNSlEAIOtOUSE& IIUSHIMR IW.EI/I..LEUC., -.. ICtllNf STENOtOUSE IIIUSHIMRIW.EI/I..LE, 410 ...... Road, Dllwla, ._., c-,iy, l/liglnll, 24Cll3-3020 'Illa..... 11 I :•Clo ~ 111._IIIRGNA ALC0HOUCIIFvERAQE Cl0lfflQ (MIC) AIJTMONTYfara llMII -......... ....... OnllldOf'f ,..,.. .......... 0, _...... ....... ......... Qiq ..... 0.- NOTE:Olijacllar,IID .. ..._., ........ _,........,._,.;:, ...... 30.,._ ............ ., .. .. ., ... .....,, ----~ ........ .......,11 _ ........... « IGNIZ-GIID l rg~I, • Bot~tourt County Ordtrof Publication c.m....--~ VACMoff 1-2111. I01 111,20-104 C..Necuu;u WOW.~™Ec«u!T COUIU o, ll1£ COUNTY o, to'ITI'OUltT COUNTY Of' tol"(TI)\JftT -~ ___ ,,, hCc.111.0.,_,,,, ~~ ELIIE E. EDWAADS, ET AL.~., Li-gal, • Bo t~tourt Co:mly ond .............. .,...,..._....,.,_, -t:lled.lt ........ .. ,.,,., _........, .. _,.,... ..... _, .... ....... .._ ----.--.......... -0..,L ~ -.-..... -----____ .,....., c-...1 .. w .... ~.Donlo ,'hwinlo 24237-7102. Eltlt E. E--.-• ......... ,o ... --....... ,.....__ .. do ~=o.: 111:.,io 24231-TICZ. W-E-Mo.e . -........... ... -... ..... ..._ .... ----· --Donlol-... -----•--t<..ln- Tox Mop No 10f-2200 "'-loll knawn ~ ~ No. 18274 lo 71 Loll Lano,~. MlhetCO<lolnloC,pioce,or ~2-=.~'-:' ...... °' ... ~.~ ........,,..,._ and being oil-In _ ,.._ .... _, 8-.rtc-.ty,Vlrglnlt --•--Do!NI ==:::..~ .=::;.~ IIEOINNING II on 1ran pin "-NE, -~ ..... _,_ly_ 24012.-0...., ol 1 22-nc:1 .-« a--.-._.,...,. lomwlyotHo,wyv .,._and..._ E"-'11 on h ~ loot---It h .-or rom.,ry olV G ...,_,, Oom,; VOii, Femo..,_iy;...,__ "'-ltolknawn-- lhe lno ol Fomo -,Y, lo 4333 Eloclrlc ROed, Apt S ee• 13' 20" E. 170.5-4 INI 2, R-■, V1r;1n1a 24011. lo • point. h-oco"'41h M llany Vool Jr ,""-Iott .-wdlvllloo .. lhraugll knawn -It 2571 hP,-,Y.-«lomwly v.-..-Pkwy,AFt 1, olGordon LM Edwwdo llnolol, T-31&20, -,y,s 32•01•10-w 5"""""~v-. 200 7t leol ... polrC; ""-loll known -..... N 119" 13'"W 11 ,...__, _,,.,. 170 54 1Nt lo on 1ran at Ille ao,;,;;,,--;;;. .-NIO ~-olh 8-nonVNl,"'-lut Hon,y V Edwwdo l)IOperty known ldd,-II 2831 thence Wl1h the h of Duthlm SlrNI !Ni, -• N 32" 01' 10" E. Roanoke, V1rp 24012; 200 711 INI ID h Mehle Arnold F.oelic:her, BEGINNING Ind 00IUln1ng llll'oOM lea known -om ICM Ind,,.. 11 ns 1o11my A.......,., ...... NT.act'C"on .._...,VligM24013; ............. .., an..,i.Amald, ""- T., ...... ,.... 1111-...,..._ .. ................ ,._,; Encr... 1.1&.-.o....r r..... ............. a.-. ------.............. ,,, .. ~-=e-· ~ ~~• ~~w.:::t" o.., 0 I!:~ huaoand Lane,, o.n.., VltgkM llnd~, .. ..,_,_byh 24237,andhtany ""'"'Y"""'Hen,yV -.-.-. E-•-LhlaR _,., -lnlltloof E-.-,t,yDNd h~- -Fobrue,y 11, 11183 ---pe,1ioo --April1,11183 ~ ... _, In ... Clwlc', Offico "'... ~ -by ... C....Courtot_., _...........,., C...W,,, \llrgHo In DNd p.,_ U.W....,, l It 8oo1< 4211 at Pa:ge 525 ho,wby OROERED ...... n..........,, __ llllljecllDII-, c:ondillona,.-, -.:llono, and _,,....,.of1900111""1icl, -.ctllepopetlyhnin deealled lndudr,g 1-.t not lmlltd ..... _.... In DNd 11oa1< 274 11 Pa:ge 2115 T•...,No 10t-zzoe AccalnNo 11272 ,. .... _ loC, place, Of ,.,....,,....._,,,~ and ........ ln ._., c-,iy, VligM ............. ~ deealled -io.-, ID-wit IIEOINNING II WI Iran pin on._,..._...,.., .. P,-,Y.-Otlomwly o.l8d 1,r Gonion LM ~andEllltD ~-lo~ .-«lomwlyalV.G FaNandNandWRalo■y eo....._..,..s _. 13' 20" E. 325 loat ID_, lion pin, ..... S 32° 01 ' 10-W. 21107tlNIIDM lion pin, -N. 52' 52' 10-W. 331541 INIIDM 1ran pin, -N 3r 44' E124MINIID .. piace ., ...... and .... T.act "A" and COIIIIOlno,g 1.222--«-. 11•-onplltd ......,..,.....,T,_, CLS .dMld-..,3. 1•1 .acapfal-■d .--, in .. Clolk'9 011m ., .. c.... Court al ._., c-,iy, Vl.goria in DNd 1oa11214 II Pago 283. Mdlialneapa,l:anal .. ,..._.,......,_ .. Gonion LE-. and EllltD~- and•.--1:J-- ~-HnyV E-.andlimR ~-1:J~ .... ~11,19113 and -Apl 1, 19113 in .. Cllrtl'loac.111 .. Circul Courtal ~ c-,ey,~in~_ llaall 42911 Plge 525. Thil ............ -....... toll-. ~ . ......-. -,and _.,.....,.....,, ___ _.,_ ....... lnduding w not lnlllodlo--.allldln DNd llaall 214 II Pago 2811 JTAPPfNIINGh:lw, M1dMltlhN_,_ ................... ,-u..n-,_ ....... location cannot i,,:~._onor belor'IApri1 12,2024 1nh Clelk't Office ol lhe Clrtuil Court al ... County ol 8-1, v.,., Ind do whllmeybe ~lo ...-... ~ .. .,,. -I Alie Fo, ni. W.R~,Eoq (VS8 No t70e5) Jolwl A. RIii:, Eoq (VS8 No 45805) Jfllf-./ A. Sc:lwf, Eoq (VSB No 30681 ) Mlrk K. Amie, Eoq (VSB No 21409) Mdlw M NeYillt, Eoq (VSB No 1183n) Paul L 1..a81tr, Eoq (VS8 No 91808)0Ngc:,y L Hoy.a Eoq (VS8 No 37151) a.....w ,._,, &q (VS8 No 118345) Ta,q _,,,,.,c..-., s.n.tc., PCP O lloa 31800, Honrtco, \l1rgM 232M-1IOO P1-.(804)111M-ooeo F ....... (804) 545-2378 TACS No 924038 ~onh5fldayd Mlld:,2024 l!le ...__ Tonwny L ...... Cllllt L,q ,1, C :t1 of R.t 11 ord TRUSTEES SALE PARCEL OF LAND LOCATED IN: West Ward of tha City of Radford, Virginia Containing 0.2479 acres,morwor ... ~-•1002 --llhll,~ ..... IN ElCECUT10N OF A CERTAIN DEED Of' TRUST OF RECOftD IN THECLEIUCS OfflCE OF THE CR:UIT COURT OF MDFORD CllY. 11111GNA, AS INSTRUIEJfT NO 201100131. DIITED AUOUST21.2011 . WHE!tEAS. IY DEED OF 1W1GA1N NID WENID ASSIM'TIOHDIITE> ~1.2018, RECORDED IN THE AFORESAID CLERK'S Of'f:CE AS INSllWMENT log11, . City of Radford NO 201IOOI04 me DEED OFTRUITWAS ASIUMtD IV MAAK IIROOl<HER OE,/IIJL T HAw«!ICENWIDE IN TilE l'AYMEHT 01' Till DEIT lMEREIN IECUIIED NfO 11C1NO IIEDUtlW> TD DO 10 IV nil NOlt.HOU>Ol THE UNOERSIONED IUelTlTUTE TRUSTEE. AF'lt.llGMNo FOUIITE£N (14) 01\YI DUE NOTICE TO '!ME OWNERS OF TilE REAL ESTATE Of' THE DAT£, TIM PLJiCE AND TERMll OF 11ALE. WILL Of'FER F0" IALEAT PUtlJc AUCTIOH IN FROIITOFTHE IV,Df0"0 CITY COUIITHOUSE 1.0CATE> ATIit SECOHD I TIIEET RADF0"0. IIIIIOIIM, ON TilE 21 t, DAY Of' MARCH, 2024, AT 10 00 A.M , THE REAL ESTATE Wini IMPROI/EMEHTI THEREON KNOWN AND DESCRlllED AS FOl.LOW3 MM--o, .,.,....,ltnd, ....... ....................... ... _...._ ...._bofonoo,g -.tp,g1n1111e1ng1n hClyot"-, l/ltillNo, ""' deoalbod -....... BEING II o1 loll 21 ond 211 , poll ol loll 27, 30 , 34, 35, Sedlon 1, Pion C, RodloRt land ond ~ Compw,y loll, ........ing O 2411 .,_ (10,IOO oq II.~• ~onddooat,od on• plol o1 MlfWlt -Pt,yo1:::a161.rwy l.oll 21 211 Ind PIii ol l.oll 27 30. 34 35 Sec11on 1, Pion C Racloldland ond ~ Co Wool WIid Ctly ol Radford, V!rgr,io lot Ronlild R s-·, dated Auguet 23, 2011 , Job No 5e5811, by --Cotvad Glcoecloee, II, land 61.rwyor, MIINWs andH■nogarli,c ~--Ind '"""uwy,n . ...,.,....,, .. _., .... 11111 _ • PIii ...., ___ _ ""'9bV-ID Nld plol,K MA'Ye¥for•~~ ~Of--~-... --... Tax M•p N-13-(5~ SEC 1-2711-28-,29-:IQA. 3411• Accow,tN!.wnbo,- 020000e64 ~-M1002 --a-.~. 'hvlta SALE W1U. BE MADE SUBJECT TO ALL EXISTING EASEMENTS AHO RESTRICTIVE COIIENAHTS AS TilE SAME MAY lA'IVFULLY AFFECT TilE REAL ESTATE. TERMS OF SALE. CASH, SETTWIENTwmftH FlfTEEH (15) DAYS OF SALE A BIDOERS DEPOSIT Of' TEH PERCENT (10%) MAY SE REQUIRED PlACE OF SALE FRONT OF RADFORD CITY COURTilOUSE, AT 818 SECOND STREET, RADFORD . IIIRGINIA DATE Of SALE. MARCH 211, 2024 TME Of' SALE. 1000 A.M DonillD Hw:vlcli_PC ~Tl\lllto By Don1o1 D Hanvldc, ~onltlDHanwick,PC FOR IHFORMATIOH CONTACT Dara1 D lilmndc, Agont Donill D Hamrlca, P C 104 Soull F,_ Snit ~.VA24013 (540) 382-0131 Legals -C:ty of Sa lem Notlca Is hereby glvan .. .. __ .,.. ... Councl ., .. Cly " Slllm.11 •twgla-.an Mondi)' MM:!; 25. 2024 11 8:30 p.m. in ... Council Clwnbon, Cly Hal, 114 Nori, lln>ed S1rNI, In "'" cay "'Slllm, Vrg,nlo , wll hold I pYblic Legals • C:1y 01 Salem w--.hlomc11y Councl-ltMOl'I ... -......(1)~ -... -lltm(•)onlrll .-..---_,..,_ --.c.(1)110 ....... -. c...., .. ,.__. p11no..-.. -meybe tum1nod In ... ~ olC°"""'""'Y ~21- lkuffwy Slroll, ........ lll.glnlo AINld~...,._in ..__ __ _ -.. ~ ..... -_,..,._,.._ TilE COUNCll Of' THE CITY OF SALEM, 1111tGINIA BY H -1.Jght ClllkofCouncit NOTICE OF PUBLIC HEAR.ING N-■ It ""'9bV --1D II "'--_ ...... -oll.otq~ot lie C:ly of Salem,~ wil hold • pubic hNnng In ICltOrdonl» W1lh ... proy1sb■ of Sectiono 15 2- 2204 and 15 2-2309., ... 1950C..ofV,rglnle, • amended, on MIid, 27, 2024,11400pm In ._ Counc1 Cllltnben dcay Hal, 114Norfl Bload Shit, In .. cay" Salom. ~ ............ .......~ llle ....... d C.,,,, OritnN ~ Olllfnef few • .,,.,....f\ooma.c:Mon 10&-202 3(11)(1 )oflhe C ity ol-"°"'""°""'-j)OrtMl!ng:OMlo ~ ,wgu1-, forlle __ _ 21133Phiapo-Lano, TaMopl ~1-38 The polilianer It~ o 4 loal,-y..s ........ --.. -.. ...........,,.,,12x19 -lddil:on.Sedior, 10S-202 3(BX1 ) _.,...,.,_yard Mlbod<lorhpmc,pal 1'1Jat.n In lhe RSF Resldentiat Slnglo Fomly zo,qdillriclll251Ml Al1h■'-'ng,ot,,.,_ln ..................... ~lobe'-d, ~ Mione■, ond "- cauoo wt:y ouct, ~ lllould "' lholAd nol be grar;1od Fot ldcilonol inlomwliori. -.. Office ollhe ZonirG Admlnllnt:::t, 21 Soult, Btufley Slroll. Solem, ~ (Phone 3153032~ lHE BOARD OF ZONING APPEALS OF TilE CITY OF SAI.EMBY Ma,y Elon H W..,CZA,CAI Plonrq&Zo,q ...........,, L ega ls - Mo ntgom ery Co unty Ordar of Publlcatlon <:onwno,._alll; ., 'hglnio VACocloff 1-211 1, 1 01 - 318.20-104 C.O No <:U,o01122• MOHTGOMERY COUNTY Cl'CuC eo...,, 55 EAST MAIN STREET, SUrT1: 1, CHR1S11AHS8URG, VA 24013 Cotm.c.,_ ol Vog,nl.:, In ,. BRENOII MARJE BRIDGES Y SCOTT THOMAS BRIDGES ou niall ey.org l•gals - Montgomery County RAJ>f OIU>~ Legals· Montgom•rv county Eati110tttrlanb lllm Cnllt'141A le Hattem lslaNI flally 1:11111 -1 tt'I all NOit! MIIOW17)ju44'4e~"ff'U 1.H'4 i Koffu' c,Wr) fo.,,r,;r, • .,,_.-:.., •. r_. -i -\01·~ ~ .. -.,ft~:" The oqoc1 ollh■ 1U1t II lo 011/0RCE. • It ORDERED 1h11 SCOTT TH0MAS BRJDGES_ ..... ...... ,.__,Ind ri . ..,.Call today and receive a proac:1---... ot --■ W.Y 1TH. 2024 &gned Mao:11 5,2024 -MD Tin,Judgo Ordar of Publication FREE SHOWE _R PACKAGE ~LUS $1600 OFF humg. purlla1 lo Secl:cnl 15.2.2204 Ind 15.2-2215 al lho C.. of Virglnlo• ..-.. -_..,.,., .. ~ ....--.... eo. ..... -.1~ VACocloff1 -2111,801- llS.20-l 04 C..NoCUIOIIIOUIO MONTGOMERY COUNTY S~~TEP. WALK-IN Tue ,.... 1-877-591-9950 --~........ . ...................... ...._ CODEOf'THE CllY OF SALEM. IIIRGINIA. 1 Col■l:llrlle,wii-t ol E3MAG LLC .P,-,Y owrw,for ,uonr,g lie P,-,Y locad 11 144 E1oc1ric Rood CT• Map• c.tut Coull. 55 EAST MAIN STREET, SUrT1: 1. CHRISTWIS8URG,VA 2.4073 Cot11, .. ,_ J v._, 1n ,. JOHANNA RENEE PHILLIPS Y MICHAEl.17tYAYNE PHIWPS ..... ca.-...................... ..,~ ..... fl, ....... ..,.. ....... -»w5 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. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of E3MAG, LLC, property owner, located at 744 Electric Road (Tax Map # 155-2-2.2) be and the same is hereby changed from HBD Highway Business District to HM Heavy Manufacturing District, and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING at a point on the east side of the Electric Road right-of-way at the northwest corner of Tax Parcel 189-2-1; thence following the Electric Road right-of-way line along a curve to the right with a Radius of 2825.29 feet, Arc Length 354.39 feet, Chord Bearing of N 18° 25’ 02” E, and Chord Length of 354.16 feet to a point; thence departing said right -of- way and following the southern property line of Tax Parcel 155-2-2.1 a bearing of S 69° 39’ 28” E for a distance of 187.89 feet to a point on the centerline of a 24’ cross-access easement (as recorded in P.B. 11, PG. 48-50, Slide 193); thence following said easement centerline a bearing of S 10° 07’ 00” W for a distance of 449.97 feet to a point; thence departing the centerline of said cross-access easement a bearing of S 41° 03’ 47” W for a distance of 7.41 feet to a point on the northern property line of Tax Parcel 189-2-1; thence following said property line a bearing of N 48° 56’ 13” W for a distance of 270.76 feet to the point of BEGINNING, and being known as Lot 13-A-2, containing 2.0356 acres, as shown on “Resubdivision Plat for Wiley Development, LLC, Showing Lot 13-A, Resubdivision Plat for the St. John Place Commerce Center (P.B. 12 PG. 5-6, Slide 199)”, dated August 04, 2023, by Caldwell White Associates, recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 16, Pages 82-83, Slide 246. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #6B Date: 3/25/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing and consider the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 Blk Thompson Memorial Drive (Tax Map # 20-2-4) from RSF Residential Single Family to HBD Highway Business District. (Advertised in the March 14, and 21, issues of the Salem Times-Register.) (At the petitioner's request Planning Commission continued this item to the April 10, 2024, meeting; see page 8 of Planning Commission minutes.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RSF Residential Single Family Land Use Plan Designation: Residential Existing Use: Vacant Proposed Use: Commercial – gas station, convenience store, drive thru restaurant The subject property (1200 blk Thompson Memorial Drive) consists of a 2.674 acre tract of land which currently sits within the RSF Residential Single Family zoning designation. The applicant is requesting a rezoning of the property from RSF to HBD in order to facilitate the construction of a gas station, convenience store, and drive thru restaurant development. Situated adjacent to Interstate 81, this property is uniquely positioned to potentially serve the commercial needs of both travelers and local residents alike as there are no other commercial establishments currently located in this portion of Salem. Furthermore, the approved Edgebrook Development to the north of this site in Roanoke County may catalyze the evolution of its surrounding corridor. Still, the subject property is currently bounded (within Salem) by residentially zoned parcels, many of which serve single family homes. A conceptual site plan has been included with the submittal that displays a proposed convenience store and restaurant positioned behind the gas pump structures (located closer to Thompson Memorial Drive). The exhibit indicates two separate access points – one which intersects Penguin Lane and the other with Thompson Memorial Drive. If this rezoning application is approved, this development project is subject to site plan review and corresponding compliance with Salem’s ordinances. The Future Land Use Map (FLUM) identifies this area as residential which is inconsistent with the proposed future utilization of the property. REQUIREMENTS: The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD. SUMMARY OF INFORMATION: At the petitioner’s request, the Planning Commission has continued this item to the April 10, 2024, meeting. STAFF RECOMMENDATION: Staff recommends Council cancel the public hearing and first reading of an Ordinance for this item. Once the Planning Commission makes a recommendation, the public hearing and consideration will be scheduled for the appropriate Council meeting date and the public hearing will be readvertised. PAYMENT DATE 01/04/2024 COLLECTION STATION Engineering/Inspections RECEIVED FROM Pinkesh Patel City of Salem P.O. Box 869 Salem, VA 24153 BATCH NO. 2024-00003588 RECEIPT NO. 2024-00070721 CASHIER Krystal Graves DESCRIPTION rezone 1200 Thompson Memorial Drive 20-2-4 Printed by: Loretta Prillaman Page 1 of 1 02/01/2024 01:40:17 PM PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT PLAN FILING FEE Planning Rezoning/Site Plan Rev $1,000.00 Total Cash $0.00 Total Check $1,000.00 Total Charge $0.00 Total Wire $0.00 Total Other $0.00 Total Remitted $1,000.00 Change $0.00 Total Received $1,000.00 $1,000.00Total Amount: Customer Copy Item # 6C Date: 3/25/2024 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: March 25, 2024 AGENDA ITEM: Consider authorizing the City Manager to finalize and execute a Memorandum of Understanding (MOU) with Roanoke City for participation and contribution in a regional skate park. SUBMITTED BY: Chris Dorsey, City Manager SUMMARY OF INFORMATION: The City has an opportunity to participate in a collaborative regional initiative for a skate and mountain bike facility with Roanoke City in the Wasena area. Salem’s partnership in this endeavor will provide for enhancements to the park that will result in a large, modern facility for the region. The City of Salem’s contribution is a one-time amount of $200,000 due to the City of Roanoke in fiscal year 2025. There will be no ongoing maintenance contributions required of the City. Pending approval by Salem City Council, Roanoke City plans to execute the contract and begin architectural and engineering design this spring with construction currently anticipated for completion in late spring/early summer of 2025. The draft MOU has been reviewed and approved to form by the City Attorney. STAFF RECOMMENDATION: Staff recommends Council authorize the City Manager to finalize and execute this agreement. MEMORANDUM OF UNDERSTANDING CITY OF ROANOKE AND CITY OF SALEM __________________________________________ THIS MEMORANDUM OF UNDERSTANDING (“Memorandum”) is dated the day of March, 2024, by and between the CITY OF ROANOKE, (“City”) and the CITY OF SALEM ("Salem"). RECITALS WHEREAS, the City owns property, known as Wasena Park, (“Wasena Park”) located within the City of Roanoke and depicted as Official Tax Map No. 1222301; and WHEREAS, the City intends to construct a permanent skate park (“Skate Park”) within Wasena Park for the residents of Roanoke City, Vinton, and Salem. The Skate Park being a regional amenity that can be positioned for both general public use and large scale events; and WHEREAS, Salem is willing to provide the City with a one-time distribution of $200,000 (“Funding”) for costs related to the construction of the Skate Park, and for no other use or purpose, in accordance with this Memorandum. For and in consideration of the mutual promises and obligations set forth in this Memorandum, including the recitals set forth above which are a material part of this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum is to define the one-time contribution of Salem to the City for the construction of the Skate Park in Wasena Park. The Skate Park is intended to provide recreational opportunities for residents and visitors to Roanoke City, Vinton, and Salem, as well as a regional amenity that can be positioned for both general public use and large scale events. ARTICLE II GOALS AND OBJECTIVES The City will use the Funding as general purpose funds for the costs to construct the Skate Park within Wasena Park for the promotion of the Purposes. As the construction of the Skate Park nears completion, the City will request the funds from Salem, and Salem will provide the Funding to the City for the programs set forth in the Purposes. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. Salem’s obligations under this Memorandum: 1. Salem will provide the Funding, a one-time distribution of $200,000, to the City as the Skate Park construction nears completion. 2. Salem is under no obligation for future maintenance costs related to the Skate Park. B. The City’s obligations under this Memorandum: 1. The City will expend the Funding in accordance with this Memorandum of Understanding for costs incurred after the date of execution of same; 2. The City agrees to detailed records regarding all expenditures of the Funding ; 3. As the project nears completion, the City will request the one-time distribution of $200,000 from Salem, said request to include a written report indicating what the City has expended the funding for, including a narrative explaining how and on what expenses the Funding was spent. 4. As the project nears completion, the City will provide Salem with a draft layout of the gateway entrance sign, to be located near the Roanoke River greenway connection, recognizing the regional partners with their respective logos. 5. The City shall maintain all books, records, and other documents relating to Memorandum for five years after the date the Funding has been completely spent. ARTICLE IV TERMINATION This Memorandum may be terminated by either party at any time, for any cause, or no cause, by giving thirty (30) days written notice signed by the party terminating the Memorandum and being sent to the other party. This agreement shall be effective for a period of one year from the date of the final signature. Modifications shall be made by mutual consent and in writing. In the event that one party provides the other party with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and try to resolve any issues. ARTICLE V NOTICE Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City: Luke Pugh City Engineer City of Roanoke, Virginia 215 Church Avenue, S.W. – Room 350 Roanoke, VA 24011 To Salem: Rob Light, Assistant City Manager City of Salem 114 N. Broad Street Salem, Virginia 24153 ARTICLE VI MISCELLANEOUS Assignment. The provisions of this Memorandum may not be assigned and are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severability. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist on strict observance of any provision of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governing Law. This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Entire Agreement: This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum shall not be amended or modified except by written instrument signed by the parties. Responsibility of the Parties. To the extent permitted by applicable law, each party to this Memorandum of Agreement will be responsible for the actions, inactions or violations of its officers, employees, and agents in connection with scope of duties described herein, but nothing contained herein shall be construed as a waiver of the City’s sovereign immunity. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum dated this ______ day of March, 2024. City of Roanoke, Virginia BY: _________________________________ Robert S. Cowell, Jr., City Manager The City of Salem, Virginia BY: _________________________________ Rob Light, Assistant City Manager Approved as to Form: _____________________________ Approved as to Execution: _____________________________ Item #6D Date: 3/25/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: March 25, 2024 AGENDA ITEM: Request to adopt Capital Reserve Policy SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Formal written financial policies promote good financial management, define boundaries, support good bond ratings and promote long-term and strategic thinking. Adopting financial policies is a recommended best practice by the Government Finance Officers Association (GFOA). The Finance Department has drafted a Capital Reserve Policy. We request that this policy become effective as of the date of its adoption. .FISCAL IMPACT: STAFF RECOMMENDATION: City staff requests Council approve the Capital Reserve Policy. Page 1 of 2 CAPITAL PLANNING AND RESERVE POLICY CITY OF SALEM, VIRGINIA FINANCE DEPARTMENT Purpose To establish a capital reserve within the Capital Projects Fund and define guidelines and goals for capital planning and capital asset renewal and replacement reserves. By establishing and maintaining a capital reserve, the City ensures proactive financial management of capital improvements and asset replacement. The City will utilize a six-year Capital Improvement Plan (CIP) as a tool for capital planning and use of the capital reserve. Capital Improvement Plan (CIP) The Capital Improvement Plan (CIP) is the process for evaluating, planning, scheduling, and implementing capital expenditures through departmental capital requests. For inclusion in this plan, a capital request must have a total cost of at least $5,000 and a minimum useful life of five years. The CIP is a six-year flexible plan used to schedule anticipated capital improvement projects and coordinate how they will be funded. The CIP includes a summary of the projects, estimated costs, schedule and recommended source of funding for each request as appropriate. The costs of capital requests in the first year of the CIP become the capital budget requests for the upcoming fiscal year. If the CIP requests are approved and funded by City Council, they become the adopted Capital Year Budget for the upcoming fiscal year. The remaining years of the CIP provide an estimated cost of the proposed projects and reflect their anticipated funding sources. Capital Reserve The capital reserve is to be established within the Capital Projects Fund for the specific use of providing funding for mid-level capital expenditures from General Fund revenues and reserves as defined under Use of Funds below. Contributions Contributions to the capital reserve are made from the following sources:  Annual Contribution – After completion of the annual audit, the following calculation is completed using amounts as shown in Exhibit 3, Balance Sheet for Governmental Funds, and Exhibit 5, Statement of Revenues, Expenditures and Changes in Fund Balances for Governmental Funds, in the audited Annual Comprehensive Financial Report (ACFR) from the previous fiscal year: General Fund unassigned fund balance per Exhibit 3 Less: (General Fund total expenditures + Debt Service Fund total expenditures per Exhibit 5) divided by 2 Less: Appropriation(s) of General Fund unassigned fund balance subsequent to the date of the previous fiscal year ACFR = Capital Reserve Contribution Page 2 of 2 A positive result equals the annual contribution to the capital reserve for the current fiscal year. A negative result indicates that no annual contribution will be made to the capital reserve in the current fiscal year. Annual contributions are primarily the result of year -end expenditure savings and revenue surplus balances. If at any point the fund balance of the General Fund falls below the minimum acceptable level as defined in the City’s fund balance policy, the annual contribution is suspended until the minimum accepted level of fund balance is replenished. Use of Funds Appropriations from the capital reserve within the Capital Projects Fund include:  CIP “Capital Reserve” funding source – Projects included in the first year of the CIP with a funding source of “Capital Reserve” are appropriated from the capital reserve within the Capital Projects Fund as part of the annual budget process. This is intended to fund projects with mid-level funding needs between $200,000 and $3,000,000 that are not large enough to justify a debt issuance. Examples include building improvements, bridge improvements, storm water infrastructure improvements, streetscape improvements, park improvements, and major equipment purchases.  Project Overages – Current projects in the Capital Projects Fund that exceed previously approved and appropriated funding sources will be analyzed and recommended for action to City Council. Projects that are approved may receive additional funding from the capital reserve.  One-Time Appropriations – At the discretion of the City Manager and with approval from City Council, appropriations of the capital reserve can be made for emergency capital needs or other capital expenditures not already included in the Capital Year Budget. Minimum Acceptable Level It is the intent of the City to maintain a minimum acceptable level of capital reserve equal to $4,000,000. This minimum acceptable level ensures that the City is able to meet unexpected capital needs. At the discretion of the City Manager and with approval from City Council, appropriations of capital reserve can be made that result in the balance falling below the minimum acceptable level. In the event that the balance drops below the acceptable minimum level, further appropriations will be limited to emergencies, as deemed by the City Manager, until the capital reserve minimum acceptable level is replenished through annual contributions. Item # 6E Date: 3/25/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: March 25, 2024 AGENDA ITEM: Receive the Abstract of Votes cast at the Presidential Primary held on March 5, 2024. SUBMITTED BY: Dana M. Oliver, General Registrar/Director of Elections SUMMARY OF INFORMATION: Per the Code of Virginia, a certified copy of the abstract of votes from each election must be received and formally recorded. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that Council receive the Abstract of Votes for the Presidential Primary held on March 5, 2024. CITY OF SALEM, VIRGINIA OFFICE Of GENERAL REGISTRAR ELECTORAL BOARD P, O. BOX203 SALEM, VIRGINIA 24153 March 15, 2024 The Honorable Christopher Dorsey City Manager of Salem City 114 North Broad Street Salem, VA 24153 Dear Mr. Dorsey: DANA M. OLIVER, GENERAL REGISTRAR SHARON E. PRATT, DEPUTY REGISTRAR ZACHARY S, AGEE, CHAIRMAN ELIZABETH BOWLES, VICE CHAIRMAN KATHERIN A. ELAM, SECRETARY Pursuant to provisions of §24.2-675 of the Code of Virginia, as amended, I hereby deliver to you one certified copy of the Abstract of Votes cast at the Presidential Primary held on March 5, 2024 . Sincerely, 4 ~hj 'f u£21-~ Dana M. Oliver General Registrar/ Director of Elections ABSTRACT of VOTES Cast in SALEM CITY, VIRGINIA at the 2024 March Democratic Primary held on March 05, 2024 for, President NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Marianne Williamson -Democratic Joseph R. Biden, Jr. -Democratic Dean Benson Phillips -Democratic Total Number of Overvotes for Office 35 532 20 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on March 05, 2024, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the President. Given under our hands this __ ___,J'--'l_·l+i __ day of _ _,IY)ar..L..,JJ.""--"''2.""'C~A-=----' J tJ ;) 't /" --- -------~-· ---',..,,./-._'1.u.., -=-4 ........,_;.•'--'-1_-'t_,.;;_,,,/' ___ , Chairman ______ .,c:..L ____ .... /h..L8,.d....i--~.:;-::,:=_.......=V""---' Vice Cha irman -----.'7l=-Ufc~· _l..t.u..--=..;::.:Y'-:-:'i...;=-· _B ...... a ...... i'--'~~--'---' Secretary _________________ , Acting Secretary ABSTRACT of VOTES Cast in SALEM CITY, VIRGINIA at the 2024 March Republican Primary held on March 05, 2024 for, President NAMES OF CANDIDATES ON THE BALLOT TOT AL VOTES RECEIVED Chris Christie -Republican Ryan L. Binkley -Republican Vivek Ramaswamy -Republican Donald J . Trump -Republican Ron D. Desantis -Republican Nikki R. Haley -Republican Total Number of Overvotes for Office (IN FIGURES) 7 2 4 1368 26 588 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on March 05, 2024, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the President. Given under our hands this //#7 day of ;'Y'a4t:A , ,V,,,-:2 ~ -;_ ~•' / ~-Chairman , ~ f:ttuit4 , Vice Chairman ~/-J-1, • 1) c;1 / ~~,p\._J ll {_ ta~ , Secretary ; _________________ . Acting Secretary