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HomeMy WebLinkAbout10/24/2016 - City Council - Minutes - Regular UNAPPROVED MINUTES CITY COUNCIL WORK SESSION October 24, 2016 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, 114 North Broad Street, Salem, Virginia, on October 24, 2016, at 6:30 p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens (absent), Jane W. Johnson, William D. Jones, and James A. Martin (absent); with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; Rosemarie B. Jordan, Director of Finance; Kari Walls, Director of Technology; Benjamin 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, Ms. Kari Walls gave a presentation on the Citizen Transparency Portal; and WHEREAS, Mr. Benjamin Tripp, presented some information to Council on the Greenway followed by a presentation on Tourism Zones; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:22 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Counci l Meeting MINUTES Monday, October 24, 2016, 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 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, Councilmembers: Jane W. Johnson, William D. Jones, and James A. Martin (absent); 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 acceptance of the minutes from the October 10, 2016 Work Session and regular meetings. 5.Old Business Jane Johnson noted that there is one item of old business for the meeting. She stated that it seems that Mayor Foley has been in his position on Salem City Council for 10 years, and it is her job to wish him a happy anniversary on behalf of the City. She presented him with a certificate for his 10 years of service. Mayor Foley thanked everyone for the recognition. 6.New Business A.Special Exception Permit Hold a public hearing to consider the request of LMP Investments LLC, property owner, and Salem Taxi, lessee, for the issuance of a Special Exception Permit to allow automobile rental/leasing on the property located at 515 Electric Road, (Tax Map # 155-1-1). (As advertised in the October 6, and October 13 issues of the Salem Times Register.) Recommend approval; See page 1 of Planning Commission minutes, page 1.) STAFF REPORT Melinda Payne, Director of Economic Development, noted that the applicants submitted a request for a Cerftificate of Public Convenience and Necessity. After the application was submitted, staff realized they were in a zoning district that did not allow this use. After further discussion, staff felt this was a good use for the property and so the zoning ordinance was amended by City Council to permit this use but it does require a Special Exception Permit. So, the applicant is here tonight to request a Special Exception Permit to allow automobile rental/leasing, which encompasses taxi cab dispatch services, on the property located at 515 Electric Road (Tax Map #155-1-1). Mayor Foley noted that this is a public hearing and asked if there was anyone there to speak. Mr. H. D. Kemp, property owner, of 5030 Hunting Hills Circle, Roanoke County, appeared before City Council in support of the request. As there were no comments, the public hearing was closed. Mayor Foley asked if staff wanted to add anything or had any concerns. Mr. Boggess stated the issue about visibility and the parking of the vehicles in the right of way or on City property was discussed at the work session. He understands this is something staff will address with Salem Taxi should Council approve the request this evening. If Council does not approve the request, then staff will have to work with them to find an alternate location. Mr. Jones asked if the Special Exception permit stays with the property, if Salem Taxi decides to leave, and Mr. Yost stated that it does stay with the real estate. So, if the lessee decides to leave, then someone else can make use of the Special Exception. He further noted that a Special Exception may also be revoked if there are issues. Mr. Jones asked if this would only apply to rental/leasing of vehicles, not detail work or selling of vehicle. Mr. Yost noted that this was not his understanding of the request. Jane Johnson motioned for the approval of the Special Exception Permit to allow automobile rental/leasing on the property located at 515 Electric Road, (Tax Map # 155-1-1). William Jones seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin B.Water and Sewer Disposal Rates & Charges Consider ordinance on first reading amending Chapter 90, Article III, Sections 90- 74, 90-128, and 90-212 and Article IV, Sections 90-236, 90-237 and 90-238(a) pertaining to water and sewer disposal and rates and charges. Mr. Taliaferro noted that the ordinance for consideration is basically a house keeping item. Several years ago Council adopted availability fees and other sorts of fees, and staff would like to go ahead and move those to the City Code. Staff is working on a update to the City Code and would like to include this in the update. The ordinance also includes some language about responsibility if there is a problem which is caused by a property owner, and they refuse to fix it. Then the City may fix it and send the property owner a bill for the work. It also talks about deposits and connection fees for water and sewer. Mr. Jones asked if these were all the old fees, etc. which were passed two years ago, and Mr. Taliaferro noted that this was correct. William Jones motioned to adopt the ordinance on first reading amending Chapter 90, Article III, Sections 90-74, 90-128, and 90-212 and Article IV, Sections 90-236, 90-237, and 90-238(a) Of the CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to water and sewer disposal rates and charges. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin C.Admissions Tax Consider ordinance on first reading to amend Chapter 82, Article II, Sections 82-210 (a) and (b) pertaining to Admissions Tax. Mr. Yost noted that there is very little change in this ordinance other than to make it clearer with regards to the precentage rate for the admissions tax. Also there was one term in Item A which is being changed where "penalty" is replacing "interest" as this is a more descriptive term. And we have also made it clearer as to when interest will begin to accrue in the event of those who fail to comply with the requirements and submit the admissions tax to the City in a timely manner. Mayor Foley asked if Mr. Taliaferro had anything to add, and Mr. Taliaferro noted he did not. William Jones motioned to adopt the ordinance on first reading amending Chapter 82, Article II, Sections82-210(a) and (b) of the CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to Admissions Tax. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin D.Vehicles for Hire Consider ordinance on first reading to amend Chapter 98, Article II, Division 2, Section 98-126, pertaining to vehicles for hire. Mr. Yost noted that the only change for this ordinance is in Subsection C. As Council may know, taxi cab drivers have to ask for an annual renewal of their license and as part of this, there is a background investigation so there are costs involved for the investigation. Thus, the new provision is a $20 fee for the background checks. Mayor Foley asked if the State has made any changes in regards to what would be applicable to Uber and Lift, and Mr. Yost noted that they have not. Jane Johnson motioned to adopt the ordinance on first reading amending Chapter 98, Article II, Division 2, Section 98-126 of the CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to vehicles for hire. William Jones seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin E.Appropriation of Funds Consider request to appropriate funds to purchase property located at 1112 Tidewater Street. Audit - Finance Committee William Jones stated the Audit-Finance Committee met to discuss this item. The City entered into an agreement with William E. Lee, property owner, to purchase the property located at 1112 Tidewater Street on May 13, 2016, for a purchase price of $150,000. Currently the City has marked this property purchase for economic development purposes. The Committee reviewed the request and recommends appropriating the $150,000 from contingency to cover the purchase price of this parcel. Mr. Jones asked Mr. Taliaferro to comment about the cleanup of the property, and the costs involved, etc. Mr. Taliaferro noted that the property owners have cleaned up the property, which took about six pans for the disposal. He believes that the final cost was $2,200 or $2,300, and the sellers are paying for the cleanup. Further, the property is now cleaned up. Mr. Yost noted as a matter of interest, the sale of the property will close tomorrow afternoon. William Jones motioned to appropriate funds to purchase property located at 1112 Tidewater Street. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin F.Appropriation of Funds Consider request to amend School Capital Projects Fund budget as approved by the School Board on October 11, 2016. Audit - Finance Committee William Jones noted the School Capital Projects Fund was amended by the School Board at their meeting on October 11, 2016. Budget amendments totaling $2,175,982 were approved as additional appropriations. These funds come from meals tax and capital reserve balances for the schools. The Audit-Finance Committee reviewed and recommends the additional appropriations totaling $2,175,982 to the capital projects. He asked Finance Director Rosie Jordan to explain this request. Mrs. Jordan noted that the City has designated a certain portion of the meals tax towards capital projects for the schools. This portion of the meals tax has not been expended for debt services so this is the excess and above what is needed for debt services. So this money is being allocated to one of their capital projects. On the operating fund side, the balance that is left can be used by the schools for capital projects as well. She further explained the budget amendments for the School Capital Projects Fund to City Council. William Jones motioned to amend the School Capital Projects Fund budget as approved by the School Board on October 11, 2016. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin G.Appropriation of Funds Consider request to accept and appropriate donation from the Salem Red Sox for Salem Parks and Recreation. Audit - Finance Committee Supplemental Item William Jones noted the Salem Parks and Recreation Department will be receiving an $11,000 donation from the Salem Red Sox. According to the lease agreement with the Salem Red Sox, they contribute an annual amount to the City to be used as needed for projects in the Salem Parks and Recreation Department. This year funds will be used to purchase a new mower for use at Kiwanis Field. The Audit-Finance Committee reviewed and recommends appropriating the $11,000 donation from the Red Sox for Parks and Recreation. William Jones motioned to accept and appropriate donation from the Salem Red Sox for Salem Parks and Recreation. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin 7.Closed Session A.Closed Session Hold a closed session pursuant to provisions of Section 2.2-3711A(3) of the 1950 Code of Virginia, as amended, to discuss property the City may wish to sell. Supplemental Item William Jones motioned to move to closed session pursuant to provisions of Section 2.2-3711A(3) of the 1950 Code of Virginia, as amended, to discuss property the City may wish to sell at 7:47 p.m. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin B.Closed Session Hold a closed session pursuant to provisions of Section 2.2-3711A(1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter Supplemental Item William Jones motioned to move to closed session pursuant to provision of Section 2.2-3711A(1) of the 1950 Code of Virginia, as amended to discuss the appointment of a specific public officer to a public body. Jane Johnson seconded the motion. Ayes: Foley, Johnson, Jones Absent: Martin 8.Adjournment William Jones motioned to reconvene at 8:18 p.m. and that in accordance with Section 2.2-3712D. of the Code of Virginia, 1950 as amended to date, Council hereby 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. Jane Johnson seconded the motion. The meeting adjourned at 8:19 p.m.