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HomeMy WebLinkAbout1/23/2017 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 23, 2017 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 January 23, 2017, 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; Melinda J. Payne, Director of Planning and Economic Development; 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, Ms. Payne presented an economic development update; and WHEREAS, Mr. Boggess updated Council on various topics throughout the City. WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Counci l Meeting MINUTES Monday, January 23, 2017, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:51 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, William D. Jones, Vice-Mayor, Councilmembers: Jane W. Johnson, James A. Martin, and James L. Chisom; along with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Economic Development; Rosemarie B. Jordan, Director of Finance; Charles E. VanAllman, Jr., Director of Community Development; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider approval of the minutes from the January 9, 2017 regular meeting. (There was no Work Session meeting on January 9, 2017). Received as presented 5.Old Business A.Vacation of Right of Way Consider ordinance on second reading to permanently vacate a portion of right-of way in the Salem Woods Subdivision (lying east of Lots 1, 2, 3, and 4) consisting of 0.385 acres as shown on the attached drawing dated January 3, 2017. (Approved on first reading at the January 9, 2016 meeting.) Jane Johnson motioned to approve the ordinance on second reading to permanently vacate a portion of right-of way in the Salem Woods Subdivision (lying east of Lots 1, 2, 3, and 4) consisting of 0.385 acres as shown on the attached drawing dated January 3, 2017. James Martin seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin B.Amendment to City Code Consider ordinance on second reading amending Chapter 106, Zoning, of the Code of the City of Salem, Virginia. (Approved on first reading at January 9. 2017 meeting.) William Jones motioned to approve the ordinance on second reading amending Chapter 106, Zoning, of the Code of the City of Salem, Virginia. James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin C.Amendment to Zoning Ordinance Consider ordinance on second reading amending Chapter 106, of the Code of the City of Salem, Virginia pertaining to a new official Zoning Map dated December 2016 and Zoning District. (Approved on first reading at January 9, 2017 meeting.) William Jones motioned to approve the ordinance on second reading amending Chapter 106, of the Code of the City of Salem, Virginia pertaining to a new official Zoning Map dated December 2016 and Zoning District. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin 6.New Business A.Amendment to Zoning Ordinance Hold a public hearing and consider six (6) ordinances on first readings upon request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; See Page 1 Planning Commission minutes.) STAFF REPORT Benjamin Tripp, City Planner, appeared before City Council. He noted that Items 5B & C created the Community Business District zoning and the new Zoning Map, which rezoned a number of parcels in the City. He noted that this item relates to requests from property owners to rezone their property to CBD Community Business District. He further noted that there is one exception which is Tax Map #184-4-10 which has a condition that the property could only be used for a beauty salon. So with this request, the property owner is asking that the condition be removed. Mr. Jones asked if the last request is the insurance office on South Colorado Street, and Mr. Tripp noted that this was correct. Mr. Martin asked with the other requests, if the property owners requested to have their property rezoned to CBD, and Mr. Tripp noted that this was correct. Mayor Foley opened the public hearing and asked if anyone would like to come forward and speak on this matter. There was no response, and the public hearing was closed. James Martin motioned to adopt the six (6) ordinances on first reading to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition as recommended by the Planning Commission. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin B.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval, as amended; see Page 3 Planning Commission minutes.) STAFF REPORT Benjamin Tripp, City Planner, appeared before Council regarding the proposed ordinance amendments. He noted that the changes increase flexibility for the mixed use developments and the landscaping requirements in the Downtown Business and Transitional Business Districts. Planning Commission made a couple of changes to the ordinances at their meeting which were mainly grammatical. Mayor Foley opened the public hearing and asked if anyone would like to come forward and speak on this matter. There was no response, and the public hearing was closed. Vice Mayor Jones noted that he wanted to thank Mary Ellen Wines for all the work and effort put into the ordinance amendments. All the changes look very good. Mayor Foley thanked Mr. Tripp, too. James Chisom motioned to approve the ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements. William Jones seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin C.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; see Page 6, Planning Commission minutes.) STAFF REPORT Mary Ellen Wines, Zoning Administrator, appeared before Council explaining the proposed code amendments. She noted the request in front of them is the proposed Chapter 66 of the Code of the City of Salem better known as the sign ordinance. As Council is well aware through various work sessions and discussions as to the purpose of a new ordinance, she asked them to allow her to take a few minutes for the audience and the formal record. As a result of the creation of the Downtown Plan, city staff became quickly aware that our community wanted a more vibrant and historic look for our downtown. In reviving such character it became apparent that the current ordinance not only does not encourage such signs, it actually prohibits them. Signs such as projecting signs, like West Salem Auto Body, neon such as around Mac N Bob’s, and signs incorporated within awnings, canopies, and marquees are strictly prohibited. Once staff began researching the needed amendments to facilitate the downtown plan, it became apparent that other changes were necessary as well. The U. S. Supreme Court Case Reed vs. Town of Gilbert in 2015 has had localities across the nation rewriting their ordinances to remove content based sign regulation. Technological advances have surpassed the limits of the current ordinance as well. Finally, staff requested a reformatted ordinance that is more user friendly. An open house was held January 5, 2017, right here in Council Chambers to allow those interested the opportunity to give comment. She noted that she would not take the time to explain every proposed change, however, there are some important amendments and additions that should be noted. The addition of Landmark Signs that at Planning Commission's discretion, will allow the preservation or construction of signs that do not advertise an existing bona fide business but which may be of significant civic, historic, or cultural interest. The addition of Glare and Brightness regulations -- these will be used to protect neighboring properties and protect the community’s safety and welfare by controlling distractions. The addition of Illumination types, such as external, internal, halo, and neon lighting. The addition of supplementary standards for Downtown, that will allow additional signage that encroach onto the city sidewalks, such as projecting signs. The addition of regulations of Greenway signage to protect the natural environment of our greenways, and the addition of new sign types such as drone signs, manual changeable copy signs, mechanical movement signs, and window signs. Finally, there are a few amendments to the existing regulations of monument signs, prohibited signs, and of course the definition section. She noted that staff has tried to be all-inclusive, however, an ordinance such as this is ever changing. If passed and implemented, there will be unanticipated situations that will arise and require future amendments. So Council can expect to see this item return in the future. Mrs. Johnson noted that she wanted to echo what Mr. Jones said earlier, as she know how much work went into this code chapter, and she commended Mrs. Wines for her work. Mrs. Wines thanked Mrs. Johnson and noted that staff, City Council and Planning Commission all worked together very hard to get this accomplished. Other Council members also thanked Mrs. Wines. Mayor Foley opened the public hearing and asked if anyone would like to come forward and speak on this matter. There was no response, and the public hearing was closed. James Chisom motioned to approve the ordinance on first reading amending Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin D.Municipal Broadband Resolution Consider adoption of resolution 1309 in support of Municipal Broadband. Kevin Boggess, City Manager, noted that he thought City Council was aware of this item, but for the audience, House Bill #1208 was submitted to the State legislature this year which was sponsored by a Delegate who in her words "was in a effort to help broadband." However,what we see as a result of this bill is a severe limitation on the ability of local governments and authorities put together by local governments to deploy and maintain existing broadband networks for better access whether it be in a city like Salem or out in a rural area or somewhere else that is not being well served by the incumbents for broadband which we now see as an essential utility type service in today's world. So the resolution before Council simply asks that the General Assembly and the Governor oppose House Bill #1208 or any amendment to it that would restrict local government's ability to look after themselves when it comes to the deployment of broadband within their communities. Further, he noted in paragraph #3 at the end that City Council directs staff to amend this to reflect State officials as opposed to Federal officials as is listed on the resolution. Mayor Foley noted that he felt so strongly about this that he personally emailed the committee at the General Assembly regarding this bill. William Jones motioned to adopt Resolution 1309 with the change from Federal to State officials in support of Municipal Broadband. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin E.Appropriation of Funds Consider request to accept and appropriate grant funds received from the Virginia Department of Criminal Justice Services. Audit - Finance Committee Vice Mayor Jones stated that the Audit Finance Committee met to discuss this item. The Police Department applied for and was awarded the 21st Century Policing Grant in the amount of $17,333 to replace ten (10) police bicycles in our current fleet. The department currently utilizes bicycles to patrol the Roanoke River Greenway Trail, Salem Fair, Olde Salem Days, and a number of events held at the Salem Stadium. The grant requires a 10% local match, which is available in the Police Department operating budget. The Committee reviewed the request and recommends accepting and appropriating grant funds received from the Virginia Department of Criminal Justice Services and amending the budget to match the grant. William Jones motioned to accept and appropriate grant funds received from the Virginia Department of Criminal Justice Services and to amend the budget to match the grant. James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin F.Appropriation of Funds Consider request to accept and appropriate donation received from Norfolk Southern Corporation for the Project Lifesaver Program. Audit - Finance Committee Vice Mayor Jones noted the Audit Finance Committee met to discuss this item. The primary mission of Project Lifesaver is to provide timely response to save lives and reduce potential injury for adults and children who wander off due to Alzheimer's, autism and other related conditions or disorders. The City is responsible for the cost of supplies such as transmitters, replacement batteries, and locator system and currently has five families enrolled in the program. The City received a donation of $1,000 from Norfolk Southern Corporation in the current fiscal year, which will be used to purchase these supplies. The Committee reviewed the request and recommends the acceptance and appropriation of the donation received from Norfolk Southern Corporation for the Project Lifesaver Program. William Jones motioned to accept and appropriate the donation received from Norfolk Southern Corporation for the Project Lifesaver Program and also that any donations less than $5,000 received which are not expended in the fiscal year received be administratively appropriated in the subsequent fiscal year. James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin G.Taxicabs Consider setting a public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, for the issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months. (Suggest March 13, 2017) Mayor Foley noted that staff has recommended setting the public hearing for March 13, 2017. Jane Johnson motioned to set a public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, for the issuance of Certificates of Public Convenience and Necessity for March 13, 2017. James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin H.Boards & Commissions Consider appointments to various boards and commissions. William Jones motioned to reappoint Larry Lynch to the Personnel Board for a two- year term (current term ends on January 28, 2017). James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin I.Salem Red Sox Scoreboard Authorize the City Manager to execute a contract with Daktronics, subject to approval of legal counsel as to form, for the score board system in the amount of $417,723.19. Audit - Finance Committee Supplemental Item Vice Mayor Jones noted the budget for fiscal year 2017 included the purchase of a scoreboard for the Salem Memorial Ballpark for $350,000. The project was bid out during January 2017 and five bids were received. The low bid was received from Daktronics for a turn-key system, including training. The bid price was $417,723.91, which exceed the budget by $67,723.91. After review of the bid by City and Red Sox personnel, the bid from Daktronics was selected as the vendor of choice by all staff. The additional funds needed for this purchase will be requested as a separate item at a future Council meeting. At this time, City staff requests Council to authorize the City Manager to execute a contract with Daktronics, subject to approval by legal counsel as to form, for the scoreboard system in the amount of $417,723.91. James Martin noted that he believes this speaks to the commitment that the City is making to the ballpark and the Red Sox organization, and this purchase will well serve the City. William Jones motioned authorize the City Manager to execute a contract with Daktronics, subject to approval of legal counsel as to form, for the score board system in the amount of $417,723.91. James Martin seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin J.2016 Football State Championship To adopt Resolution 1310 honoring the Salem Football team for winning the 2016 Virginia High School League 4A State Championship. Supplemental Item Mayor Foley noted City Council will present the resolution to the entire team on Thursday night, but they will not call that meeting to order so Council will approve the resolution this evening. Mayor Foley read the resolution for the benefit of everyone in attendance, and he congratulated the team on their win. William Jones motioned to adopt Resolution 1310 honoring the Salem Football team for winning the 2016 Virginia High School League 4A State Championship. James Chisom seconded the motion. Ayes: Chisom, Foley, Johnson, Jones, Martin 7.Closed Session 8.Adjournment The meeting was adjourned at 8:14 p.m.