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HomeMy WebLinkAbout11/27/2023 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, November 27, 2023, 6:30 PM Work Session is cancelled for November 27, 2023 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA WORK SESSION IS CANCELLED 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 (participated remotely); with Renée Ferris Turk, Mayor, presiding together with Rob Light, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; Mary Ellen Wines, Zoning Administrator; Max Dillon, Planner; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Mr. Holliday to participate remotely in this Council meeting. The request from Mr. Holliday stated: "in accordance with Section 2.2- 3708.3 B.4 of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a personal matter, specifically that I am out of town." Randy Foley motioned to accept the remote participation of Mr. Holliday. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Abstain: Holliday Vice-Mayor Wallace motioned to amend tonight's agenda to add a Closed Session to discuss a personnel matter related to the City Manager position at the end of the meeting. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mr. Guynn clarified that this is done under Section 2.2-3711 A (1) of the Code of Virginia. 3. Bid Openings, Awards, Recognitions Mayor Turk noted that Salem will be hitting a very impressive milestone this week. Beginning on Wednesday, November 29th, the Championship City will be hosting the 100th NCAA Championship event. The NCAA Division III Men's and Women's Soccer Championships will be held at Roanoke College starting on Thursday at three and finishing with championships on Saturday and Sunday. For thirty years now, Salem has crowned about ninety-nine NCAA Championship teams in Divisions II and III in seven different sports: baseball, basketball, football, soccer, volleyball, lacrosse, and softball. She expressed appreciation to City Staff, Tourism, and the Parks and Recreation Department that have worked so hard to bring these events to the City. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Stella Reinhard, 213 N. Broad Street, appeared before Council this evening. She shared copies of her notes with Council and for the City's records. She elaborated on details from a Freedom of Information Act (FOIA) request that she had submitted to the City on the process that has been followed by Hope Tree and the City for a potential rezoning request of this property. She expressed concern at the length of time that conversations on this potential project have been going on and regret that the residents surrounding the Hope Tree property have not been provided with the opportunity to attend open houses and offer input on the potential redevelopment of this land. B. Minutes Consider acceptance of the November 8, 2023 Special Meeting/East Bottom Community Engagement meeting with the Economic Development Authority of the City of Salem; the November 9, 2023, Special Meeting/Closed Session for the purpose of interviewing City Manager candidates; and the November 13, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for four months ending October 2023. The financial reports were received. 5. Old Business A. Water Rates Consider ordinance on second reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for the years 2024 - 2028. (Approved on first reading at the November 13, 2023, meeting.) William Jones motioned to adopt ordinance on second reading amending Chapter 90, Article IV, Division 2, Section 90-257 of the City Code to adopt water rates for the years 2024 -2028. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Sewer Rates Consider ordinance on second reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for the years 2024- 2028. (Approved on first reading at the November 13, 2023, meeting.) Randy Foley motioned to adopt ordinance on second reading amending Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Water and Sewer Disposal Rates & Charges Consider ordinance on second reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. (Approved on first reading at the November 13, 2023, meeting.) William Jones motioned to adopt ordinance on second reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Special Exception Permit Hold public hearing to consider the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800 -802 Maryland Avenue (Tax Map # 147– 2 - 1). (Advertised in the November 16, and 22, 2023, issues of the Salem Times-Register.) (Recommend approval; see page 2 of Planning Commission minutes.) STAFF REPORT Mr. Van Allman explained that this was originally built to accommodate a duplex. This sat abandoned for a period of time and the bottom level was not used. The grandfather clause fell out and they have reapplied to be a duplex which means separate electric service. There is no internal way to get upstairs from the downstairs on the interior and this is basically two separate living spaces. Mayor Turk opened the public hearing. Don Haddon, 1208 Corporate Circle, Roanoke, Balzer & Associates, agent for GKM Properties, appeared before Council and shared that this was built as a duplex and had been used as a duplex. Due to an unfortunate incident involving a sewer backup in 2013, the bottom unit was ruined. The unit went on the market in 2015. The building permit in 2013 was pulled and never finalized or closed out with a final inspection. The current owners wish to reinstate the special exception use. The current owners are planning to remedy the backup problem by putting in a backflow preventer in the bottom unit. Work is already being done on the current duplex to enhance the curb appeal of the property. They are putting in a retaining wall and flattening out the parking area. Access is off of Pine Street for both units. There are two access points. The top unit access is closer to the intersection and the bottom unit is accessed from behind. This property appears as a single-family residence and matches the surrounding area for aesthetics purposes. They have gone through the variance process as this is an existing non- conforming lot. That variance was approved for this process. The owners will be enlisting the help of MKB Realtors for the management and the vetting of applicants that will potentially be renting in this location. He noted the stake that the owners have in this property. Mayor Turk closed the public hearing. Randy Foley motioned to approve the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two -family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the City Code - Chapter 66 Signs Hold public hearing and consider adoption of ordinance on first reading amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval; see page 4 of Planning Commission minutes.) STAFF REPORT Mayor Turk opened the public hearing. Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, appeared before Council. She noted that a couple of years ago when Community Development started actively enforcing the City Code as opposed to a complaint b asis, they took a look at the Sign Ordinance and noted many non-conforming signs existing in the City of Salem. Some of these have been around for decades. As they had discussions with property owners and informed them of their non-compliance, they quickly found out that it can be very expensive to alter or remove these signs. What is being proposed in this ordinance this evening is that they notify the property owner or business owner that the sign is in nonconformance and give them twelve months to either utilize the sign, bring it into compliance, or remove it. This will give the owners time to financially decide what is best for their business and property and give them an opportunity to make it happen. Currently they are given fifteen to thirty days. It can cost as much as $25,000 - $30,000 to remove a sign which can be difficult. This will allow them additional time to use the sign, bring it into conformance, or remove it. She noted that they are going to actively keep track of the signs that go into the two -year grandfathering period so that their twelve-month notification falls within the twenty-four-month period that they already have. This is geared to help those that have those signs and are not aware that they are in nonconformance. In addition, they wish to change the language for signs that no longer advertise and currently have sixty days to blank the face to read specifically that they have to be replaced with a white face. Mr. Wallace asked when Council could expect a complete catalog of signs. Ms. Wines responded that she was unable to give a timeframe due to staffing. However, she noted that they would begin focusing on the main corridors and if this ordinance were approved this evening, they would start sending the Enforcement Officer back out to start actively looking for these signs. She anticipated that it could take up to a year to put together a complete catalog. Mayor Turk closed the public hearing. Randy Foley motioned to adopt ordinance on first reading amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Amendment to the City Code - Chapter 106 Zoning Hold public hearing and consider adoption of ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions pertaining to storage containers; and Article VI Definitions and use types, section 106- 600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval except Section 106- 406.25 which was continued until the March 13, 2024, Planning Commission meeting; see page 5 of Planning Commission minutes.) STAFF REPORT Mayor Turk opened the public hearing and noted that this excludes Section 106 - 406.25, which was continued by the Planning Commission until the March 13, 2024, Planning Commission meeting. Mary Ellen Wines, 21 S. Bruffey Street, noted that as the community and economy change, it is necessary to make changes to the zoning ordinance. A full rewrite of the zoning ordinance is foreseen once the Comprehensive Plan is complete. The first change being addressed this evening is regarding administrative services. Administrative services are governmental offices which provide administrative or clerical or public contact services that deal with the citizen. Currently Salem does not allow administrative services in any zoning district by right. It is proposed to allow administrative services in Residential Business District, Highway Business District, and Light Manufacturing District. She also explained that Business Commerce District was designed as a flexible, industrial, custom manufacturing type district similar to Mill Race Drive. At the time that was created, the Site development regulations were supposed to be part of the rezoning process. Over the years, through zoning changes, many properties exist that are zoned as Business Commerce District that do not have those specified development regulations. It is being requested that any property zoned as Business Commerce District that did not have this done as part of the process be referred to the same site development as Highway Business District. In addition, due to the fact that Business Commerce District has spread to various locations over the years, it is being proposed to add retail and restaurant to those districts as well. This would also help to support the surrounding manufacturing districts. They are also proposing to introduce Short-Term Rental as a use type, correspondingly identifying its parameters, while not currently allowing it in any zoning district. This is so that if and when these discussions are held with the community in the future, a base is already in place that would cover any state change that might come in the future. An administrative change to the ordinance to promote uniformity with the yard sale policy of the Commissioner of Revenue has been included. This limits to two yard sales in a calendar year, each sale lasting a maximum of three days. Ms. Wines noted that the City has talked for a number of years about revising parking regulations and that there were localities nationwide that removed minimum parking standards. She also stated that there were locations that instituted maximum parking regulations. The changes are being proposed, knowing that the zoning ordinance will be rewritten in the next few years, and that they can be tested knowing that they can be changed in the next few years. She explained the details of modifications to parking requirements as listed in the proposed ordinance that was included in this evening's Council packet as well as the reasoning for the changes. Mr. Wallace requested Community Development's definition of administrative services. Ms. Wines responded that it was "the governmental offices providing administrative, clerical, or public contact services that deal directly with a citizen. Typical uses are federal, state, county, and city offices. Mr. Wallace clarified that this is limited to government with Ms. Wines. Mr. John Breen, 142 Bogey Lane, also addressed Council. He asked if the City Attorney had reviewed and approved in writing these zoning regulation changes as well as the Code changes that were being proposed. He also requested to know if the word "shall" in these and other amendments to City Code means "must." He continued to express concerns about the enforcement of Code and requested whether there would be an assurance that these new changes would be enforced. Mr. Breen also expressed concern about definitions and clarity in the ordinances that are being presented to Council. He referenced specific sections and definitions in the proposed ordinances as examples of potential issues he saw that needed more clarification. He also offered suggestions for clarification in Section 106-406.25 that is being continued. Mr. Breen expressed the hope that Council will meet with the City Attorney and define if "shall" means "must". Mayor Turk closed the public hearing. William Jones motioned approval of first reading for the changes to Chapter 106 Zoning except Section 106-406.25 related to onsite storage and temporary mobile storage containers that was continued by the Planning Commission. Additionally, move to continue the public hearing and first reading of Section 106 -406.25 only to the March 25, 2024, Council meeting. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mr. Wallace went on record as noting that he wanted to acknowledge the comments this evening and that he felt that we could do a better job of writing the ordinances and codes so that there is more clarity. D. Amendment to the City Code - Chapter 74 Streets, sidewalks and other public places Consider adoption of ordinance on first reading amending Chapter 74, Streets, Sidewalks, and Other Public Places, Article IV, Numbering of houses and buildings, Section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers, of the CODE OF THE CITY OF SALEM, VIRGINIA. STAFF REPORT Mary Ellen Wines, 21 S. Bruffey Street, explained that historically in the City a property could be addressed to any street frontage available to that particular parcel regardless of access or to which street the primary structure faced. She shared an example of a corner lot in which there were two street frontages and noted that this could affect the zoning setback requirements for front yards, side yards, and rear yards. Moving forward, this proposed code change verifies that all buildings shall be addressed according to the street to which the lot (and corresponding primary structure) faces. This is further defined in the zoning ordinance by Building, front. "That portion of a building facing the street of address." The goal of this change is to ensure the front door shall be provided with orientation to the street on which it is addressed. In addition, the proposed ordinance clarifies the manner in which each building should be numbered so that it corresponds with the State Code. Mr. Wallace asked if homeowners would be grandfathered in that did not presently have numbers. Ms. Wines responded that this section was not enforced except through the Fire Marshal's office on commercial property. Randy Foley motioned to adopt ordinance on first reading amending Chapter 74, Streets, Sidewalks, and Other Public Places, Article IV, Numbering of houses and buildings, Section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers, of the CODE OF THE CITY OF SALEM, VIRGINIA. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Amendment to the City Code - Chapter 94 Nuisance Ordinance Consider adoption of ordinance on first reading amending Chapter 94, Nuisances, Section 94-3, Declaration of nuisances; abatement required, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to trees. STAFF REPORT Mary Ellen Wines, 21 S. Bruffey Street, gave background information on this item. She noted that since the introduction of trees into the nuisance ordinance in June of 2021, we have received numerous complaints regarding trees, their limbs, and their potential to possibly impact another property. From the inception of the nuisance ordinance, the incorporation of trees was ultimately intended to assist property owners when a danger to life and property was either probable or had already occurred due to the falling of trees and/or branches. Throughout our implementation of the nuisance ordinance, our code enforcement team has learned and concluded that once the damage has occurred, it is simply a private property issue that should be handled between property owners. As a result, the phrase "have fallen" should be removed from the nuisance ordinance. In addition to the removal of damage which has already occurred, we are proposing to add the term "imminent" to the “trees or parts thereof in danger of falling” phrase to mitigate the flooding of calls received for what in actuality are benign organisms. Certainly, an act of God can render any tree a significant danger, but these changes are crafted in a way which establishes a credible threat to life/property under normal circumstances must be present for the City to get involved. She explained that this was in an effort to clarify what is appropriate for the City to enforce. Mr. Wallace asked about a specific instance such that a neighbor had tree leaning forty-five degrees over on his property line if this would be considered "imminent danger"? Ms. Wines responded that she would not be able to determine this without seeing the actual tree. If the roots were exposed and it was pulling up out of the ground, this would be considered an "imminent danger". If the tree was well -rooted and set, with green leaves, and leaning by nature then it would most likely not be considered an "imminent danger". She noted that they do their best to assist the citizen and that sometimes included beginning a conversation with the neighbor. Mr. Wallace asked Mr. Guynn if this code was enforceable as written. Mr. Guynn responded that it was. He explained that if a citizen was not able to reach an agreement with the neighbor that they would end up in front of a higher authority to determine the situation. It is not always predictable how a judge will interpret the code in a specific situation. Mr. Van Allman added that this does not preclude Community Development from bringing Engineering into the situation and, if it was in their purview and the situation warranted it, they could seek the advice of professional arborists or horticulturists. They exercise due diligence. Mr. Foley noted that this needed to be applied to trees belonging to the City of Salem as well. William Jones motioned to adopt ordinance on first reading amending Chapter 94, Nuisances, Section 94-3, Declaration of nuisances; abatement required, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to trees. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to appoint Patrick Snead for the remainder of the current five-year term of David Botts as a regular member ending January 1, 2025, and also to appoint David Botts as an alternate member for a five-year term ending January 1, 2029, to the Board of Appeals (USBC Building Code); also, to reappoint Rob Light for a full four-year term ending December 31, 2027, to the Roanoke Valley Resource Authority. Jim Wallace seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Jim Wallace motioned to reappoint Bill Jones and April M. Staton as members and Byron R. Foley, Rosemarie Jordan, and Steve Garber as Alternates for one-year terms ending December 31, 2024, to the Western Virginia Regional Jail Authority. Renée Turk seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk noted several vacancies on various boards and encouraged them to go on the website and shared how to find this information. She shared appreciation for the involvement of citizens. 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter, namely the position of City Manager. Jim Wallace motioned that in accordance with Section 2.2 -3711 A (1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:19 p.m. for the purpose of discussing a personnel matter, namely the position of City Manager. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace It was noted that no action was anticipated this evening. Mayor Turk encouraged the citizens to consider shopping local during the holiday season. James Wallace motioned to reconvene at 7:54 p.m. in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed 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. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:54 p.m.