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HomeMy WebLinkAbout3/26/2018 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION March 26, 2018 A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on March 26, 2018, at 6:30p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, William D. Jones, Jane W. Johnson, James A. Martin, and James L. Chisom; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Carey Harveycutter, Director of Tourism; Chuck Van Allman, Director of Community Development; and Benjamin W. Tripp, City Planner; and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, Mr. Harveycutter gave an update to Council on hotel lodging and room occupancy; and WHEREAS, Mr. Tripp presented information to Council on the CDBG Grant; and WHEREAS, Mr. Boggess gave Council some updates; and WHEREAS, there were no other topics for discussion; and There being no further business to come before the Council, the work session was adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council Ci ty Counci l Meeti ng M INUTES Monday, March 26, 2018, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, William D. J ones, Vice-Mayor, C ouncil members: J ane W. J ohnson, J ames A. Martin, and J ames L. C hisom; along with Kevin S. Boggess, C ity Manager; J ames E. Taliaferro, II, Assistant City Manager and C lerk of C ouncil; Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic Development; Mike Stevens, C ommunications Director; Charles E. Van Allman, J r., Director of C ommunity Development; Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, C ity Planner; and Stephen M. Yost, C ity Attorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Minutes Consider acceptance of minutes from the February 21, 2018, special meeting, the March 1, 2018, work session, and the March 12, 2018, work session and regular meeting. Approved B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the eight months ending February 28, 2018. Received 5.Old Business A.Vacation of Right of Way Receive report of viewers and consider ordinance on first reading permanently vacating and disposing of an approximate 0.10 acres of unopened right of way of J ohn Street and an unnamed alley located off Brand Avenue for Valley Properties, LLC and L&M Properties, LLC. (As advertised in the February 21 and 28, 2018, issues of the Salem Times Register.) Mr. Taliaferro noted the viewers met and reviewed the petition and recommended vacating both the unnamed alley and J ohn Street. He further noted that C ouncil has a copy of the ordinance for their consideration that would vacate the alley and the street and retain a utility easement for the C ity. Mayor Foley asked if there were any questions, and there were no questions regarding the report of viewers or the ordinance. J ames Chisom motioned to approve the ordinance on first reading permanently vacating and disposing of an approximate 0.10 acres of unopened right of way of J ohn Street and an unnamed alley located off Brand Avenue for Valley Properties, LLC and L&M Properties, LLC . J ames Martin seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin B.Taxicabs Consider issuance of a C ertificate of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2018, for Reid Taxi; continued from the March 12, 2018 meeting. (Date set for public hearing at J anuary 22, 2018 meeting. Advertised in the February 22, and March 1, 2018, issues of the Salem Times Register.) Mr. Boggess noted that Officer C ritz met with Daniel Reid of Reid Taxi and reviewed his vehicles for conformance, and C ouncil has a copy of the report in their packet. He discussed two issues that were left unresolved; i.e. the business name on the vehicles, and one vehicle which has a blown engine. He noted that Mr. Reid presented photographs to Council showing the permanent marking on the vehicles. In regards to the one vehicle in question, Mr. Reid is aware that if he should decide to put it back into service it would have to be inspected by Officer C ritz and marked in the same way as his other vehicles. With the evidence that the vehicles have been properly marked, staff is comfortable with C ouncil approving the Certificate of Public Convenience and Necessity for Mr. Reid. J ane J ohnson motioned to award a C ertificate of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2018, to Reid Taxi. William J ones seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin 6.New Business A.Special Exception P ermit Hold public hearing to consider the request of W. G. C rotts, property owner, for the issuance of a Special Exception Permit to allow an automobile repair business on the property located at 414 8th Street (Tax Map # 185 - 7 - 3). (As advertised in the March 8 and 15, 2018, issues of the Salem Times Register.) WIT HD RAWN Mayor Foley noted that this item has been withdrawn. He asked Mr. Taliaferro if this item has been permanently withdrawn, and Mr. Taliaferro noted that it had been and will probably be heard at the April Planning C ommission meeting with a slightly altered request. C ouncil will more than likely see it at the second April meeting. B.Amendment to the City Code Hold public hearing and consider ordinance on first reading amending C hapter 106, Article II District Regulations, Section 106-200.2(A)2, Section 106- 202.2(A)2, Section 106-204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2, Section 106-210.2(A)4, Section 106-210.3(B)1, Section 106- 214.2(A)3 and (B)3, Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106-220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106-304.15(A) and Section 106-308; Article IV Development Standards, Section 106-402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section 106-600 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA. (Amended from original request) (Advertised in the March 8 and 15, 2018, issues of the Salem Times Register. Recommend approval; see Page 1 of Planning Commission minutes.) STA FF REPO RT Mayor Foley noted that the public hearing was advertised in the March 8 and 15, 2018, issues of the Salem Times-Register, and Planning Commission has recommended approval of the request. T he Executive Secretary noted that the request is slightly different than the original legal notification. After meeting with C ouncil a couple weeks ago, staff has removed Section 106-210.2(A)4, Financial Institutions from the Use and Design Standards in this section. Also, deleted was the section on drive-throughs, and staff will be discussing this further. Staff noted the following regarding the request: T hese changes relate to single family dwelling use and design standards, administrative services, Downtown Business District setback requirements, corner lots, office use types (use and design standards), automotive repair services, major use and design standards, requirements of exterior storage, refuse disposal, and modular housing and permanent foundations definitions. Mrs. Wines appeared before the Council reviewing the proposed zoning ordinance amendments. She stated that the amendments are based on some state code changes, furthering the charge of the Downtown Plan, and some basic clarification. She further discussed the proposed zoning ordinance amendments. She noted that she would be glad to answer any questions. Mayor Foley opened the public hearing and asked if anyone would like speak regarding this item. T here was no response, and the public hearing was closed. J ames Martin motioned to adopt the ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106- 213.2(B)2, Section 106-210.3(B)1, Section 106-214.2(A)3 and (B)3, Section 106- 216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106-220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106-304.15(A) and Section 106-308; Article IV Development Standards, Section 106-402.25 and Section 106- 406.27; and Article VI Definitions and Use Types, Section 106-600 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA (Amended from original request). J ames C hisom seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin C .Amendment to the City Code Hold public hearing and consider ordinance on first reading amending C hapter 66, Article I In General, Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and District, Sections 66-103(B) and 66-105(A) of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs. (Advertised in the March 8 and 15, 2018, issues of the Salem Times-Register. Recommend approval; see Page 3 of Planning C ommission minutes.) STA FF REPO RT Mayor Foley noted that the public hearing was advertised in the March 8 and 15, 2018, issues of the Salem Times-Register, and Planning Commission has recommended approval of the request. Staff noted the following regarding the request: T he changes proposed include updates to various sections of the Sign Ordinance relating to enforcement, nonconforming signs, corner lot street frontage calculations and calculations for multi-tenant buildings. Mary Ellen Wines noted that being proposed are four sign ordinance changes. T he first relates to unsafe signs and signs maintained in violation of the chapter. Staff is proposing to add civil penalties in addition to the criminal charges which are currently in place. She further discussed these changes. T he second relates to nonconforming signs clarifying that moving any sign in a window or to another window makes the sign a relocated sign so it would lose any grandfather rights. T hird is a clarification in total allowable signage related to corner lots. T he last change is a clarification to wall signs in multi-tenant buildings. Mrs. J ohnson noted that one thing had occurred to her when she was reviewing the information. She asked about the businesses who may not realize they are not in compliance. How do we get the word out to businesses about the changes to let them know about moving signs, etc.? Mrs. Wines noted with regards to moving the window signs, staff would contact the businesses and let them know about the change. Fortunately there are not that many businesses who are not in compliance so it would just be a matter of educating them. Vice Mayor J ones asked who would be writing the fines and also, who will be enforcing this. Mrs. Wines noted that the Community Development office will be writing the fines and also will be responsible for enforcement. She noted that the C odes Enforcement Officer is out in the field every day, and they work together on sign issues. T here was further discussion regarding the civil penalties, etc. Mayor Foley opened the public hearing and asked if anyone would like speak regarding this item. T here was no response, and the public hearing was closed. J ane J ohnson motioned to approve the ordinance on first reading amending C hapter 66, Article I In General, Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and District, Sections 66-103(B) and 66-105(A) of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs. J ames C hisom seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin D.Amendment to the City Code Consider an ordinance on first reading amending Chapter 14, Article IV, Division 2, Section 14-131, pertaining to dog and cat licenses. Mr. Taliaferro noted that the state code establishes a maximum fee for licenses for a lot of the fees the City charges, and dangerous dogs is one of those license fees. T he state code has increased to $150 to initially register a dangerous dog and $85 to renew in any following year. C urrently our code states $50, and so the ordinance for C ouncil's consideration is to amend our code to reference the state code for license fees. T his way if the state changes their fees, ours would change automatically. He noted that he would be happy to answer any questions. J ames Chisom motioned to adopt an ordinance on first reading amending C hapter 14, Article IV, Division 2, Section 14-131, pertaining to dog and cat licenses. J ames Martin seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin E.Budget P resentation Receive presentation of 2018-2019 budget for the C ity of Salem. Mr. Boggess noted that C ouncil will be receiving the budget workbook for the fiscal year beginning J uly 2019 this evening. We have seen an improvement in the overall economic conditions on the revenue which is a welcome change. T he total General Fund budget has an increase of 2.4 million dollars, which is a 3.3% increase over last year's budget. T his is certainly the largest budget increase we have had in the last decade so it is very good news that things appear to be moving in the right direction. T he School Budget allocation will be increased by $742,000, which is a 3.8% increase to the School Division. He further discussed the school budget allocation. Also included in the proposed budget is an additional $231,000 which would implement Phase III of the C ompensation and Class study. T he General Fund Budget includes $538,000 in funds to transfer to the Economic Development Authority, which is based on the economic incentives we expect to pay out next year and also includes Facade Grants money. T he General Fund also includes one million dollars for capital improvements. He further discussed capital improvements needed. We have a 5% increase budgeted for health and dental insurance, which is about one-half of a year for the City. T his is due to changing our plan year from an October renewal date to a J anuary renewal date so that it will correspond with the calendar year and make it easier to work with the Federal Affordable Care Act, etc. T here is a projected 5% rate increase although they are hopeful this will be more than enough to fill out the final six months of the plan. T here are no proposed changes to the electric rates. We are proposing that we adopt the next year's rate increase for water based on the Draper Aden report, and no rate increase for the sewer for the next year. Mrs. J ordan also discussed the school budget allocation. T here was further discussion regarding the school budget. Presentation received as presented. F.P ersonal P roperty Tax Relief Act (P P T RA) Consider request to adopt Resolution 1333 setting the allocation percentage for personal property tax relief for the 2018 tax year. Audit - Finance C ommittee. Vice Mayor noted that the Audit Finance C ommittee met to review this request. In December 2005, the Personal Property Tax Relief Act (PPT RA) provided relief to owners of personal use motor vehicles statewide. C ity Council adopted an ordinance enacting these changes to the Act in December 2005. T he C ity uses the “Specific Relief” method to allocate the relief at the same percentage across the board to the first $20,000 of personal use value. Vehicles valued at $1,000 and below receive 100% tax relief. T he Committee reviewed the request and recommends adoption of the resolution that establishes the percentage reduction for personal property tax relief at 59.96% for the City of Salem for the 2018 tax year. William J ones motioned to adopt Resolution 1333 setting the allocation percentage for personal property tax relief at 59.96% for the 2018 tax year. J ames C hisom seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin G.Blue Ridge Health and Wellness, L L C Consider setting physical improvements and erosion and sediment control bond for Blue Ridge Health and Wellness, LLC . Audit - Finance Committee Vice Mayor J ones noted the Audit Finance C ommittee reviewed the estimate for the erosion and sediment control and physical improvements for the Blue Ridge Health and Wellness, LLC project. T he Committee concurs with the City Engineer’s office recommendation that bond be set in the amount of $33,654.50 and a time frame for completion set at twelve (12) months. William J ones motioned to approve the bond for physical improvements and erosion and sediment control for the Blue Ridge Health and Wellness, LLC project. J ames C hisom seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin H.Community Dev elopment Block Grant Consider adoption of Resolution 1334 in support of the Virginia Department of Housing and Community Development (D HC D) C ommunity Development Block Grant application. Supplemental Item Mr. Tripp appeared before Council explaining the C ommunity Block Grant application. He noted the resolution which is included in Council's packet is an authorization for the C ity to submit a Community Block Grant application to the Virginia Department of Housing and C ommunity Development (D HC D). Major components of the program are business district revitalization in which we have some facade improvements, marketing and branding, and a family activity center as well as a looking at creative ways to deal at code enforcement, blight elimination, etc. T hey are also looking at the creation of a co-working space for the Salem Library. T he total amount of the grant they are seeking is $1,000,000 and noted he would be glad to answer any questions. Vice Mayor J ones thanked Mr. Tripp for the presentation at the work session. He appreciates what he and the C ommittee have done and hopefully we will be able to compete successfully for the available funds. He appreciates all the hard work that went into the process. Mr. Tripp noted there were a lot of people involved, i.e. all the people at the Community Development office, Ms. Payne, Mr. Stevens, Ms. J ordan, and others. T hey could not have done this without everyone who was involved. Several other members of C ouncil also complimented those involved in the C ommunity Development Block Grant application process. J ane J ohnson motioned to adopt Resolution 1334 in support of the Virginia Department of Housing and Community Development (D HC D) C ommunity Development Block Grant application. J ames Martin seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin 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, to discuss property the City may wish to sell or convey. Vice Mayor J ones motioned to move to closed session in accordance with Section 2.2-3711A(3) of the 1950 C ode of Virginia, as amended for the purpose of a discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property the C ity may wish to sell, convey, and acquire. J ane J ohnson seconded the motion. Ayes: Chisom, Martin, J ohnson, J ones, Foley William J ones motioned to reconvene at 9:16 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 C hisom seconded the motion. Ayes: Chisom, Foley, J ohnson, J ones, Martin 8.Adjournment Mrs. J ohnson noted that she and Vice Mayor J ones attended the Salem Roanoke C ounty Chamber of Commerce Gala last Friday and witnessed a couple of wonderful awards. First was the Salem C ity Educator of the Year award which went to Sonnya Preston of Andrew Lewis Middle School and second, Salem City Law Enforcement Officer of the Year award which went to Officer C ody Keen, one of our newer officers and a fine young man. She noted that C ity Council wanted to congratulate both of them publicly this evening for all their hard work. Vice Mayor J ones noted he would like to recognize Mrs. J ohnson, whose business, R. M. J ohnson & Sons J ewelers, was awarded the Business of the Year Award. Also, two awards were given to the C ity, one to the Salem C ivic Center for 50 years of service to the city and other localities. He also noted the C ity of Salem was recognized as the business of the year for its service to the Roanoke Valley, and he presented the award to Mr. Boggess. Mayor Foley congratulated all the award winners, especially Teacher Sonnya Preston and Officer Cody Keen who won. T he meeting was adjourned at 9:17 p.m.