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HomeMy WebLinkAbout6/26/2017 - City Council - Minutes - RegularCi ty Council Meeting M INUTES Monday, June 26, 2017, 7:30 P M Council Chambers, C ity Hall, 114 North B road Street, Salem, Virginia 24153 1.C all to Order A regular meeting of the C ouncil 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, City Manager; J ames E. Taliaferro, II, Assistant City Manager and C lerk of Council; Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic D evelopment; C harles E. VanAllman,J r., Director of C ommunity Development; Mike Stevens, C ommunications Director; and Stephen M. Yost, C ity Attorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Minutes C onsider acceptance of minutes from the J une 12, 2017, work session and regular meeting. A pproved 5.Old Business 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of J oseph M. Sullivan, property owner, for rezoning the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7 and 137-5-6) from HBD Highway Business District to RS F Residential Single Family. (Advertised in the J une 8 and 15, 2017 issues of Salem Times Register. Recommend approval; see Page 3 Planning Commission minutes.) S TA FF REPO RT Staff noted the following regarding the rezoning request: the subject property consists of two parcels on the west side of Fort Lewis Boulevard, north of the intersection with West Main Street. T he southernmost property, 124 Fort Lewis Boulevard (137-5- 7) is approximately 0.4 acres, and is occupied by a single family residence and an associated garage. T he other property (137-5-6) is approximately 0.5 acres and is currently vacant. T he owner wishes to rezone the property to RSF Residential Single Family in order to make the residential use conforming, and to allow for the construction of a 1,200 square foot garage behind the existing garage on 137-5-7. In addition, accessory structures larger than 1,000 square feet require a Special Exception Permit. Item C is the request for the issuance of this permit. Mr. Taliaferro noted that Item 6A & 6B are related. T he petitioner, Mr. Sullivan, owns property on Fort Lewis Boulevard. He has a house that is zoned commercial, and he would like to build a garage on the property. However, since the use is non- conforming, he cannot expand that use with a garage. So he would like to rezone the property with Item 6A to residential and then Item 6B, get a Special Exception Permit for a garage of 1,200 square feet. T he Planning C ommission recommended approval on Item 6A and also recommended approval on Item 6B with the condition that the permit be granted if the rezoning occurs. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding the rezoning. J oseph M. Sullivan of 124 Fort Lewis Boulevard, property owner, appeared before C ity C ouncil explaining the rezoning and Special Exception Permit requests. Mayor Foley asked if anyone else would like to speak. T here was no response, and the public hearing was closed. William J ones motioned to approve the ordinance on first reading, the request of J oseph M. Sullivan, property owner, for rezoning the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7 and 137-5-6) from HBD Highway Business D istrict to RSF Residential Single Family. J ane J ohnson seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin B.Special E xception P ermit Hold public hearing to consider the request of J oseph M. Sullivan, property owner, for the issuance of a Special Exception Permit to allow a new 1,200 square foot accessory building on the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7). (Advertised in the J une 8 and 15, 2017 issues of Salem Times Register. Recommend approval; see Page 5 Planning Commission minutes.) S TA FF REPO RT Staff noted the following regarding the Special Exception Permit request: the subject property consists of a single parcel located on the west side of Fort Lewis Boulevard, north of the intersection with West Main Street. It is approximately 0.4 acres, and is occupied by a single family residence and an associated garage. T he owner wishes to construct a 1,200 square foot garage behind the existing garage. A ccessory structures larger than 1,000 square feet require a Special Exception Permit. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding this item. He noted that it was not necessary for Mr. Sullivan to speak again. C ouncil also noted that they had read the Planning C ommission minutes regarding the request. T he public hearing was then closed. J ane J ohnson motioned to approve the request of J oseph M. Sullivan, property owner, for the issuance of a Special Exception Permit to allow a new 1,200 square foot accessory building on the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7) subject to the approval of the rezoning request. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin C .Amendment to the Zoning Ordinance Hold public hearing to consider the request of Lance B. & Debra M. Duncan, Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten K. Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M. Shain, D avid B. & C arolyn F. Bullington, Bradley M. & Elizabeth T. Graham, property owners, for rezoning 13 parcels located at 693, 700, 701, 705, 709, 713, 717, 721, 725, 729 and 733 Ambler Lane (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-1.3, 271- 1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1, 271-1-2.2, 271-1-2.3, 271-1-2.4, 271-1- 2.5, 271-1-3, 271-1-1, and 290-1-1) from P UD Planned Unit District with conditions to PUD Planned Unit District with amended conditions. (Advertised in the J une 8 and 15 issues of Salem Times Register. Planning C ommission continued to the J uly 12, 2017 meeting; see Page 5 Planning Commission minutes.) S TA FF REPO RT Mr. Taliaferro noted that the Planning C ommission heard the petitioner at their last meeting, and the petitioner requested the C ommission continue the request until their J uly meeting. If C ouncil chooses to continue the public hearing, the matter would be heard at the J uly 24th meeting following the Planning C ommission meeting. J ames Martin motioned to continue the request of Lance B. & Debra M. Duncan, Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten K. Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M. Shain, D avid B. & C arolyn F. Bullington, Bradley M. & Elizabeth T. Graham, property owners, for rezoning 13 parcels located at 693, 700, 701, 705, 709, 713, 717, 721, 725, 729 and 733 Ambler Lane (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-1.3, 271- 1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1, 271-1-2.2, 271-1-2.3, 271-1-2.4, 271-1-2.5, 271-1-3, 271-1-1, and 290-1-1) from PUD Planned Unit D istrict with conditions to PUD Planned Unit District with amended conditions to the J uly 24, 2017, C ity C ouncil meeting. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin D.Amendment to the City Code Hold public hearing to consider amending C hapter 106 Zoning, Article II District Regulations, Section 106-218(B)(5) Light Manufacturing District, C ommercial Uses and Section 106-220(B)(5) Heavy Manufacturing D istrict, Commercial Uses, and A rticle III Use and Design Standards, Section 106-310.19 C ommercial Uses, pertaining to microbreweries. (A dvertised in the J une 8 and 15, 2017 issues of Salem Times Register. Recommend approval; see Page 1 Planning Commission minutes.) STA F F REPO RT Mr. Taliaferro noted that C ouncil recently added microbreweries to the definitions and uses in the Zoning Ordinance. T his proposal would allow microbreweries by Special Exception Permit in industrial districts, Light and Heavy Industrial. T his also changes the use and design standards for microbreweries to accommodate this. Mr. Martin asked if this would be adding just microbreweries as part of the uses in A rticle II and Article III. Mr. Taliaferro noted that Article II is the district regulations, which would change the industrial use types and Article III refers to the use and design standards for the microbreweries. Mayor Foley noted that a microbrewery is essentially just a tasting room. Mr. Taliaferro noted that a microbrewery is kind of a commercial version of a brewery. A brewery by our definition is mainly manufacturing. T hey sell their product to other places and they can have some commercial on site. T he microbrewery is kind of the opposite of this. It is mainly a commercial operation selling on site with a small brewery to supply it. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding the matter. T here was no response, and the public hearing was closed. William J ones motioned to approve the ordinance on first reading amending C hapter 106 Zoning, Article II District Regulations, Section 106-218(B)(5) Light Manufacturing District, Commercial Uses and Section 106-220(B)(5) Heavy Manufacturing District, Commercial Uses, and Article III Use and Design Standards, Section 106-310.19 C ommercial Uses, pertaining to microbreweries. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin E.E xtra Territorial Arrest Agreement C onsider approval and authorize the C ity Manager to execute the Amendment to the Extra-Territorial Arrest A greement between the C ity of Roanoke, Roanoke C ounty and the City of Salem. Mr. Boggess noted this is an agreement that has been in existence for some time between Roanoke City, Roanoke C ounty, Salem and the Town of Vinton. Essentially the agreement allows on duty officers who are passing through one of the four jurisdictions, if they witness or see a violation of state code, they have the authority or ability to arrest or enforce the code. T he amendment is primarily with regards to the old Paragraph 3 which had some references to an old database, which used to be a regional database for sharing information, and this database has been replaced with a new database. He noted there were a few other changes as well. He further noted with the Roanoke C ounty C ourthouse, Vinton and Roanoke C ounty officers are through our city quite often. If they should see someone who is exceeding the speed limit by 20 or 30 miles an hour or appears intoxicated or something similar, it gives them the ability to go ahead and make the stop and proceed as if he was in his own locality. T his does not give them the ability to patrol or set up radar in our community. In addition what it does allow is a regional D UI Taskforce in our community. Mr. Yost noted that Mr. Boggess is correct. T his is basically housekeeping. T here was further discussion regarding the proposed changes to the agreement. J ames C hisom motioned to approve and authorize the C ity Manager to execute the A mendment to the Extra-Territorial Arrest Agreement between the City of Roanoke, Roanoke C ounty, the Town of Vinton, and City of Salem. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin F.Abstract of Votes Receive Abstract of Votes for the Dual Primary Election held on J une 13, 2017. Received G.P izza P asta P it C onsider setting the bond for physical improvements and erosion and sediment control for Pizza Pasta Pit. Audit-Finance Committee Vice Mayor J ones noted the Audit Finance C ommittee met and reviewed the estimate for physical improvements and erosion and sediment control for the Pizza Pasta Pit. T he Committee concurs with the Engineering Department's recommendation that bond be set in the amount of $2,035 and a time frame for completion set at twelve (12) months. He asked Mr. VanA llman to explain the request. Mr. VanAllman noted that basically the Pizza Pasta Pit is planning to add approximately 500 square feet of additional building and seating area and four employee parking spaces. In order to add the parking, they will have to comply with storm water management laws and the required compost remediation. In addition to this, they will have to do some minor landscaping. T here was further discussion regarding the proposed project. William J ones motioned to approve the bond for physical improvements and erosion and sediment control for Pizza Pasta Pit. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin H.F iscal Agent Contracts for F iscal Year 2018 C onsider approval for City officials to execute contracts authorizing the City to continue to act as fiscal agent for C ourt-Community C orrections Regional Alcohol Safety Action Program and C ardinal C riminal J ustice Academy. Audit - Finance C ommittee Vice Mayor J ones noted that contracts for the City to act as fiscal agent for the C ourt-C ommunity Corrections Regional Alcohol Safety Action Program Board and C ardinal C riminal J ustice Academy were attached in C ouncil's packet. T he C ommittee reviewed the request and recommended approval for C ity officials to execute contracts authorizing the C ity to continue to act as fiscal agent. He noted if there were any questions that Mrs. J ordan could answer those. William J ones motioned to approve for C ity officials to execute contracts authorizing the City to continue to act as fiscal agent for C ourt-C ommunity C orrections Regional Alcohol Safety Action Program and C ardinal Criminal J ustice A cademy. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin I.Appropriation of F unds C onsider request to accept and appropriate Byrne J ustice Assistance Grant from the D epartment of C riminal J ustice Services. Audit - Finance C ommittee Vice Mayor J ones noted the Byrne J ustice A ssistance Grant Program makes federal funds available to localities to help support efforts to reduce crime and improve public safety. T his grant will be used to purchase a ballistic shield. T he Committee reviewed the request and recommended accepting and appropriating $1,333 in grant funds. William J ones motioned to accept and appropriate Byrne J ustice Assistance Grant from the Department of Criminal J ustice Services. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin J .Appropriation of F unds C onsider request to appropriate supplemental Children's Services Act (C SA) revenue and expenditures. A udit - Finance C ommittee Vice Mayor noted the state provides funding to the C ity under the Children’s Services Act (C SA) for various services for families. Supplemental requests have been approved by the state that need to be appropriated. T he C ommittee reviewed the request and recommended appropriation of the supplemental Children’s Services Act (C SA) revenue and expenditures funds. Mayor Foley asked how much money is the request. Mrs. J ordan noted that we are appropriating $462,205 in revenue, and there is an appropriation of expenditures increasing by $582,955, so the difference of $120,750 is coming out of contingency. She further noted that there is always a local match of about 35% depending on the type of service. T his is the difference in the numbers. It was noted that this is mandated by the State. William J ones motioned to appropriate supplemental C hildren's Services Act (C SA ) revenue and expenditures. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin K.School Grant F und C onsider request to amend School Grant Fund budget as approved by the School Board on J une 20, 2017. A udit - Finance C ommittee Vice Mayor J ones noted the School Grant Fund budget was amended for fiscal year 2016-2017 by the school board on J une 20, 2017, and budget amendments totaling $8,250 were presented to increase the revenue and expenditure budgets in the G rant Fund. T he C ommittee reviewed the request and recommended approval to amend the School Grant Fund Budget. William J ones motioned to amend the School Grant Fund budget as approved by the School Board on J une 20, 2017. J ames Chisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin L.Appropriation of F unds C onsider request to accept and appropriate the Rescue Squad Assistance Fund (RSA F) Grant. Audit - Finance C ommittee Vice Mayor J ones noted the City has been awarded $106,652 in Rescue Squad A ssistance Fund (RSA F) grant funds from the Virginia Office of Emergency Medical Services to purchase a new ambulance. T his is a 50/50 grant. T he rest of the funding for the ambulance was included in the fiscal year 2017 budget. T he C ommittee reviewed the request and recommended accepting and appropriating of the Rescue Squad Assistance Fund grant. William J ones motioned to accept and appropriate the Rescue Squad Assistance Fund (RSA F) Grant. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin M.Appropriation of F unds Request to appropriate the G overnor's Agriculture & Forestry Industries D evelopment Fund Grant (A FID ). Audit - Finance C ommittee Vice Mayor J ones state the C ity has been awarded a grant of $150,000 from the Virginia Department of Agriculture and Consumer Services (VD A C S) for operation and expansion of Parkway Brewing, LLC. T he grant required a match from the C ity of Salem for $150,000. T he C ommittee reviewed the request and recommended appropriation of the $150,000 in matching funds. William J ones motioned to appropriate the Governor's A griculture & Forestry Industries Development Fund G rant (A F ID). J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin N.Appropriation of F unds Request to appropriate additional funds for the renovations at Salem Memorial Park. Audit - Finance Committee Vice Mayor J ones noted the C ity borrowed funds on J une 21, 2016, to finance a variety of C ity projects, including renovations and upgrades at Salem Memorial Park. T his borrowing included $1,350,000 for the projects at the ballfield. Additional funds in the amount of $120,831 are needed to cover cost overruns for the various projects. T he C ommittee reviewed the request and recommended appropriation of the additional funds for the project at Salem Memorial Ballpark. Mr. Martin noted the ballpark looks great. Allstar weekend turned out to be a nice success and he believes all the repairs were well received and everything looks good. William J ones motioned to appropriate additional funds for the renovations at Salem Memorial Park. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin O.B oards and Commissions C onsider appointments to fill vacancies on various boards and commissions. J ane J ohnson motioned to appoint Michelle Wright as the private provider representative to the Community Policy and Management team with a term ending on J une 30, 2020. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin 7.C losed Session 8.Adjournment T he meeting was adjourned at 7:57 p.m. Audit - Finance Committe e M e eting, 8:00 a.m., City M anager's Co nference Room Work Session Meeting, 6:30 p.m., City Manager's Conference Room