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HomeMy WebLinkAbout7/23/2018 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, July 23, 2018, 7:30 P M Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, Council members: William D. J ones (absent), J ames A. Martin, and J ohn E. Saunders; along with Kevin S. Boggess, C ity Manager;J ames E. Taliaferro, II, Assistant C ity Manager and Clerk of C ouncil; Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic Development; Mike Stevens, C ommunications Director (absent); William L. Simpson, J r., City Engineer; and Stephen M. Yost, C ity Attorney. Mayor Foley recognized Salem Police Officer Nick Ferguson in attendance and noted that Officer Ferguson had previously served with the C apital Police in Richmond, Virginia. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Minutes Consider acceptance of the minutes from the J une 25, 2018, work session and regular meeting, and from the J uly 2, 2018, Organizational meeting. B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the eleven months ending May 2018. Received 5.Old Business 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading the request of LMP Investments, LLC , property owner, for rezoning the property located at 515 Electric Road (Tax Map #155-1-1) from HM Heavy Manufacturing District to HBD Highway Business District/HM Heavy Manufacturing District. (Advertised in the J uly 5 and 12, 2018, issues of the Salem Times Register. Recommend denial; see Page 1 Planning C ommission minutes.) STA FF REPO RT Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of approximately 2.5 acres, located on the western side of Electric Road (Route 419), northeast of the intersection with Saint J ohn’s Road. T he property is occupied by two small industrial buildings and an office building. T his request is to split zone the property, creating two differently zoned portions on the same parcel. T he rear of the property would remain HM Heavy Manufacturing District, while the front portion, including the building closest to the street, would become HBD Highway Business District. T he owner is requesting this change to accommodate a retail business that would like to lease the building in front, while also keeping his existing tenants in the back that require the industrial zoning. Mayor Foley noted notice of such hearing had been published in the J uly 5 and 12, 2018, issues of the Salem Times Register, and the Planning C ommission had recommended denial of the rezoning request. Mr. Taliaferro noted the petition is to consider rezoning this property from completely heavy manufacturing to a split zoned parcel with about one-half being Heavy Manufacturing District and the half being Highway Business District. T he property has two main structures on it. T he property the petitioners would like to rezone to Highway Business District is more an office- type building, and he believes this was offices for a construction company years ago. T he proposed use is a retail use, a consignment-type shop, which would seem to lend itself to the building which has a lot of fairly small rooms. He noted if they had any questions he would be happy to answer them, and the Planning Commission did recommend denial of the request. Mayor Foley asked if the Planning Commission's denial of the request was primarily because of the request to split the zoning on the parcel. Mr. Taliaferro noted it was because of the split zoning request and also because of the proximity of the other manufacturing properties around this parcel. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding the request. C harlie Logan, property owner on the Boulevard for 50 years in the insurance business and currently a partner in this property with Frank Ellett, J ohn Whittle, H. D. Kemp and J im Phillips, appeared before the Council. He noted they are investors in Salem, and they would like to bring a new business to the C ity. Willow Tree Antiques is eager to occupy this building, and they would like to make a pitch for split zoning if this is what it takes to get a new business going in the neighborhood. He presented handouts to City C ouncil. He discussed the layout of the map showing the property and noted that the parcel across from their property is zoned HBD. He noted there was a picture of the building which was built in 1960 by J . M. Turner Construction for their offices. On Page 3 is the layout of the building, which is 5,000 square feet, and it is ideal for the operation of the proposed business. Page 4 shows a plat of the proposed rezoning. He further explained the uses for the buildings in the rear. He noted the building in the front is ideal for office occupancy or retail businesses, and he discussed the benefits for the City to rezone the property. J im Phillips of Phillips Realty and partner of LMP Investments, 1811 Warrenton Road, Roanoke, appeared before the Council. He noted that he was the agent who sold the property to the partnership, and he is the managing partner who has advertised the property and tried to show it to potential tenants. He noted that the building is not suitable to be split up, which is the biggest problem. He stated that he has shown it to multiple people who need smaller spaces, but there is really no way to do this, and this is why the building is sitting vacant. Further, they hate to see it deteriorate because it will as long as it continues to sit vacant. T hey have a building that they cannot do anything with because of the zoning. Dustin Clark of 3936 Flint Road, Salem, appeared before the C ouncil. He noted that he has been the owner of Willow Tree Antiques and Primitives for about three years. He has been considering moving the business to Salem for over a year now. He discussed some of the issues he has with his current location. Vendors want an actual room so when customers walk into the space it feels like they are walking into a home. T his building fits what they are looking for, and he has not found this type of building in a long time. Another plus for this building is the location. He noted the building is a one stop shop coming from the interstate which makes it great. He further discussed the business, sales, etc. and noted he is in this for the long term, and he wants to bring something different to Salem. He would like to be a part of this area and hopefully C ity Council will let him be. Vice Mayor J ohnson asked him if this will help the business to grow, then would he be hiring additional employees. He noted that they probably would be hiring. C urrently his mother helps him in the business. Mr. Martin noted it was a pleasure talking with him before the meeting, and he can appreciate his passion for his business. He likes the idea of his growth, and that he wants to grow the business in Salem. Mayor Foley asked if there was anyone else to speak. T here being no response, the public hearing was closed. Mr. Boggess noted he would be happy to answer any questions with regards to the process and Planning Commission's role. He stated that Planning Commission reviewed this request, and they look at questions such as this from a very technical point of view. In most communities including Salem, split zoning is generally not a practice that is encouraged or often done. Mayor Foley noted that it is not illegal but is considered taboo. Mr. Yost noted that legally there is no problem with split zoning. Mr. Boggess stated that Planning Commission's role is look at a request more technically with regards to the code and future land use. He noted he wanted to make it clear from staff's perspective they feel that Planning C ommission did their job and did what staff asked them to do. C ouncil's role is a little different, and they have the flexibility to look at things from a slightly different perspective and overall what is best for the city. Mr. Martin noted that if we go forward with the request then this would be a rezoning from a single zoning category to a mixed use category. Mr. Taliaferro noted there are two different issues. Zoning does not have to follow parcel lines. Each zoning line has its own legal description so the 1.002 acres would have its own zoning, Highway Business District, and the rest of the parcel would remain Heavy Manufacturing. T here was further discussion regarding the rezoning request. Vice Mayor J ohnson noted having served on the Planning Commission and understanding that they did their job exactly as Mr. Boggess has stated and she can appreciate that; however, there are times that Council sees things differently and see the future of this corridor becoming more and more Highway Business District. She then made a motion to approve. Mayor Foley noted that he appreciates their friends and colleagues on the Planning C ommission and the effort they put into this request. T hey did what they saw was fit from a planning perspective, but he concurs with the motion to approve this request. J ane J ohnson motioned to approve the ordinance on first reading the request of LMP Investments, LLC, property owner, for rezoning the property located at 515 Electric Road (Tax Map #155-1-1) from HM Heavy Manufacturing District to HBD Highway Business District/HM Heavy Manufacturing District. J ames Martin seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones B.Appropriation of F unds Consider request to appropriate $4,944,172 in FY19 bond proceeds for capital projects. Audit - Finance C ommittee Mr. Martin noted the Audit Finance C ommittee met this morning to discuss this request. T he City intends to borrow funds during fiscal year 2019 to finance a variety of capital projects, including the replacement of the turf field at Spartan Field, replacement of the City's radio system, building improvements and various equipment purchases. A reimbursement resolution was approved on J une 22, 2018, which allows reimbursement from bond proceeds for funds expended prior to the debt issuance. Proceeds of $4,944,172 need to be appropriated so certain projects can proceed. T he Committee reviewed the request and recommends appropriating the funds for the capital projects. J ames Martin motioned to approve appropriating $4,944,172 from bond proceeds to capital projects. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones C .Appropriation of F unds Consider request to accept and appropriate VML Insurance Programs grant. Audit- Finance C ommittee Mr. Martin noted the Audit Finance C ommittee also discussed this request. VML Insurance Programs provides risk management grants to localities each year to help support risk management activities. T he C ity of Salem Sheriff's Department has been awarded a grant of $4,000 to be used to purchase security cameras for the Salem Courthouse. T he grant does not require a match. T he C ommittee reviewed the request and recommends appropriating the $4,000 VML Insurance Programs grant. J ames Martin motioned to approve accepting and appropriating the $4,000 VML Insurance Programs grant. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones D.Harbor F reight Consider setting erosion and sediment control and landscaping bond for Harbor Freight. (Audit-Finance Committee) Mr. Martin noted that the Audit Finance C ommittee also discussed this request. T he C ommittee reviewed the estimate for erosion and sediment control and landscaping for the Harbor Freight project. T he Committee concurs with the City Engineer’s office recommendation that bond be set in the amount of $46,640 and a time frame for completion set at twelve (12) months. J ames Martin motioned to approve the bond for erosion and sediment control and landscaping for the Harbor Freight project. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones E.Boards and Commissions Consider appointments on various boards and commissions. J ane J ohnson motioned to reappoint Denise "Dee" King, Reid Garst, and Neil C onner to Planning C ommission for four-year terms ending J uly 31, 2022; to appoint J essica P. Preston to the Roanoke Valley Greenway C ommission to fill the unexpired term of Morris A. Elam, J r., ending J une 30, 2019; and to appoint Melinda Payne and Benjamin Tripp as members and J ames E. Taliaferro, II, and C harles E. Van Allman, J r., as alternate members to the Transportation Technical C ommittee (T T C ) for three-year terms ending J une 30, 2020. J ames Martin seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones 7.C losed Session A.Closed Session Hold a closed session in accordance with the provisions of Section 2.2- 3711A(3) of the 1950 C ode of Virginia, as amended, for a discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; Section 2.2-3711A(5) for a discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community; and Section 2.23711A(7) for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Vice Mayor J ohnson motioned to move to closed session at 8:01 p.m. in accordance with the provisions of Section 2.2-3711A(3) of the 1950 C ode of Virginia, as amended, for a discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; Section 2.2-3711A(5) for a discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community; and Section 2.23711A(7) for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. J ames Martin seconded the motion. J ane J ohnson motioned to reconvene at 9:44 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council. J ames Martin seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones 8.Adjournment T he meeting was adjourned at 9:45 p.m.