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HomeMy WebLinkAbout10/24/2016 - City Council - Agenda -RegularSalem City Council Work Session Agenda October 24, 2016 City Manager’s Conference Room City Hall 114 North Broad Street, Salem 6:30-7:30p.m. I. Call to Order II. Roll Call III. Discussion Items a. Citizen Transparency Portal, Kari Walls, Technology Dept. b. Other topics for discussion, City Manager IV. Adjournment City Council Meeting Monday, October 24, 2016, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order 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 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 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. C.Admissions Tax Consider ordinance on first reading to amend Chapter 82, Article II, Sections 82-210 (a) and (b) pertaining to Admissions Tax. 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. E.Appropriation of Funds Consider request to appropriate funds to purchase property located at 1112 Tidewater Street. Audit - Finance Committee 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 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 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 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 8.Adjournment Audit - Finance Committee meeting, Monday, October 24, 2016, 8:00 a.m., City Manager's Conference room Work Session meeting, Monday, October 24, 2016, 6:30 p.m., City Manager's Conference room IIEM# +R- Olrc lo-at-t(a UNAPPROVED MINUTES CITY COUNCIL WORK SESSION October ro, zo16 A work session of the Council of the City of Salem, Virginia, was held in the City Manager's Conference Room, rr4 North Broad Street, Salem, Virginia, on October 10, zo:.6, at 6:3o p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and James A. Martin; with Byron Randolph Foley, presiding; together with Kevin 5. Boggess, City Manager; and Rosemarie B. Jordan, Director of Finance, 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. Jordan reviewed the zor5 - zorT Budget Calendar; and WHEREAS, Mr. Boggess gave various updates; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:zz P.m. Mayor Clerk of Council City Council Meeting MINUIES Monday, Octoher 10, 2016, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Mrginia 24153 2. 3. 4. 5. 6. 1. Call to Order Pledge ofAllegiance Bid Openinp, Awards, Recognitions Corsent Agenda A. Minutes Consider acceptance of the minutes from the September 26,2016 Work Session and regular meetings. Old Business New Business A. Disposal of Property and Vacation of PUE Hold a public hearing to permanently dispose of and vacate portions of a25" public utility easement (PUE) deed book 79,page 55, more particularly described as Tax Map #142-l-1.2, also known as 922 West Main Street. (As advertised in the October 2,2016 issue of The Roanoke Times.) Mr. Taliaferro stated there is a water line which was abandoned on the old West Salem Plaza property when the Lowe's store was buitt. The easement remained and the property owners would like to vacate the easement on the rest of the property just so they can open it up. Vice Mayor Givens asked if this is on the west end of the Lowe's property where the nursery used to be, and Mr. Taliaferro noted that it was. Mayor Foley opened up the the public hearing and there were no comments, therefore the public hearing was closed. Mr. Yost stated the motion would be to approve the vacation and authorizr the City Manager to execute documents affecting the vacation Mce Mayor Givens asked if B. they needed to change the 25" to 25',and Mr. Yost said it should be 25' and to include the tax map number. \4ce-Mayor John Givens motioned to permanently dispose ofand vacate portions of a 25' public utility easement (PLIE) deed book 79, page 55, more particularly described as Tax Map #142-l-1.2, also known as 922 West Main Street. William Jones seconded the motion Ayes: Foley, Givens, Jotrrson, Jones, Martin WVRIFA Authorization for Issuance of General Obligation Bond Hold a public hearing conceming the intention of Salem City Council to authorize the issuance ofnot to exceed $1,200,000 principal amount of general obligation bond for the purpose of financing land acquisition and related inprovements by the Westem Mrginia Regional Industrial Facility Authority. (As advertised in the September 20,2016 and September 27, 2016 issues of The Roanoke Times.) Mr. Boggess stated as Council is aware, the City is one of three partners in the Woodhaven Project, which is the 100+ acre site at the comer of Interstates 581 and 81 located in Roanoke County. The City is an 11.6% partner in this project. The total amount of the project is $10 million so the City's portion is about $1.2 million. He further noted Items C and G in addition to Item B are all issues that Council will need to address in order to meet all the requirements for the issuance of debt and the participation as one of three padnerc in this joint venh-re using the Regional Industrial Facility's Authority. This first item is a public hearing on the general obligation bond for the purpose of financing land acquisition and related inprovements. Mayor Foley asked if there were any questiors. Mce Mayor Givers asked if they needed to consider each item separately, and Mr. Yost noted that they should be separate. Mayor Foley stated this is a public hearing and asked if anyone would like to speak on the matter. There were no cornrnents and the public hearing was closed. William Jones noted that he would like to thank Beth Doughty for her role in putting the Regional Authority together and it is really working well because ofher leadership. Other Council members agreed with Mr. Jones. James Martin noted that he looking forward to the collaborative success ofthese types of efforts, and he thinks that the City is looking forward to doing this tlpe of C. business. And, he too, thanked Mrs. Doughty for everything she has done. There was some discussion if a motion was needed for this itern Mr. Yost noted that Item G is the achral resolution and he does not think that any action needs to take place on Item B, the current itern WVRIFA Participation Agreement Consider Resolution 1303 approving the Participation Agreement between the Westem Mrginia Regional Industrial Facility Authority (W\RFA) and Roanoke Counf, City of Roanoke, and the City of Salern Mayor Foley noted that the City Manager just discussed this item as well. Mr. Yost noted the bond resolution which is Item G sets forth Council's obligation to the Authority in the issuance of the Authoriq, bonds. The Participation Resolution that is before Council now merely sets forth the arrangement between the three parlicipating jurisdictions, Roanoke City, Roanoke County, and Salem He fi.rther noted that when we start this process with the attomeys for other two jurisdictions and bond counsel, we start with drafts and they are changed as each jurisdiction and their staffgoes tkough thern So usually there are quite a few drafts. The resolution he has in front of him does have one typo on Page 2, where it states "BE IT RESOLVED by the Council of the City of Roanoke" so if there is a motion to approve, then he would moved to approve it with that amendment. Jane Johrson motioned to adopt Resolution 1303 approving the Participation Agreement between the Westem Mrginia Regional hrdustrial Facility Authority (WVRtrA) and Roanoke County, City of Roanoke, and the City of Salern James Martin seconded the motion Ayes: Foley, Givens, Johrsorq Jones, Martin Salem School Board Consider appointrnents to fill the expiring terms for Artice M. kdbetter and John Andrew "Andy" Raines. (Public hearing held at Septemb er 26,2016 meeting.) William Jones motioned appointments to fill the expiring terms for Artice M. Ledbetter and John Andre Raines. (Public hearing held at September 26, 2016 meeting.). Jane Jokrson seconded the motion Ayes: Foley, Givens, Jolnsoq Jones, Martin D. E.Support of Grant Applications Consider adoption of Resolution 1304 in support of various grant applicatiors. M. Taliafeno noted that the city has three gant applications that they can submit to VDOT for highway type projects; one is for Downtown Salem Main Street between Market and Thonpson Memorial; the second is for the East Main Street project from Kesler Mill Road back to approximately Parkdale Drive; and the third one is to complete a portion of the Mason Creek Greenway from Kesler Mill Road to General Electric. The grant applications are what is called "Smart Scale" used to be called "FIB2", and these are 100% funding by the State and Federal government. There is no local matctr" VDOT asked that the City have a resolution from City Council supporting the projects. Mr. Taliafeno asked if there were any questions. Jane Jolnson noted that she just wanted to thank City staff who have put a lot of work into getting all these grants and submitting them to the Transportation Planning Organization Jane Jolrson motioned adoption of Resolution 1304 in support of various grant applications. James Martin seconded the motion. Ayes: Foley, Givers, Johnsoq Jones, Martin Appropriation of Funds Corsider request to appropriate additional Mctim Wtness grant funds. Audit - Finance Committee Mce Mayor Givens stated the Audit-Finance Committee met to discuss the Mctim Witness grant funds. The funds are used to help victims and witnesses of crime obtained appropriate assistance as they participate in the criminal justice systern The grant is funded with Federal and State funds and is administered by the Mrginia Departrnent of Criminal Justice services. The increased frrnding is being used to firnd a part-time position and provide additional training and supplies for the prograrn The Committee reviewed the request and recommended appropriating $43,059 in state grant revenue for the Mctim Wihress grant and this will go on top of the already 562,453 that was budgeted. This will make the total for the funds at $105,512. William Jones asked if there were any questiors. Mce-Mayor Jobn Givens motioned to appropriate additional Mctim Witress grant funds. Mlliam Jones seconded the motion. G. Ayes: Foley, Givens, Joksor\ Jones, Martin WVRIFA General Obligation Bond Resolution Consider Resolution 1305 authorizing the City of Salem general obligtion suppot of financing by the Westem Mrginia Regional Industrial Facility Authority. Supplemental Item Mayor Foley noted that this is obligating support of Item 6B as was discussed earlier of the $ 1.2 million. Mr. Yost noted that is not to exceed that amount. Mayor Foley asked if there were any questiors. There were none. James Martin motioned approving Resolution 1305 authorizing the City of Salem general obligation support of firrancing by the Westem Mrginia Regional hdustrial Facility Authority. Mce-Mayor John Givers seconded the motion. Ayes: Foley, Givens, Joluson, Jones, Martin Cook Drive Property To authorize the City Manager to execute a contract between Tidy Services, and the City of Salem for a parcel known as 2005 Cook Drive, Salern, Mrginia, Tax Map # 256-l-2, being approximately 0.31 acres ofa portion ofa 2.56-acre. (Public hearing was held on July 25,2016.) Supplemental ltem Mr. Boggess noted that the City is trying to continue the greenway along the Roanoke River behind the Tidy Services' propefy. In the acquisition of the easement for the geenway, Tidy Services needs to relocate some storage area they have on their property. After a lot of discussion and Melinda Payne working very closely with them to find an appropriate site for them to relocate their storage, it occurred to the City that the property adjacent to their property which used to be a sewer testing station could be used for storage. So the City is proposing to sell them a portion of the unused part of the property for $1,000 for them to be able to use for storage that they are losing as a result of the greenway easernent. Mce Mayor Givens asked if Tidy will allow us to have a parking area there once the greenway is conpleted. Mr. Boggess noted that the City is selling them a relatively small portion of that property so there is still a trailhead designed on the remaining portion *trich the City owns for parking and the trail will terminate there while we work on trying to get it connected to Roanoke. H. Mr. Yost noted that Tidy Services is the corrpany's trade name and Council will need to approve the sale of this 0.31 acres to Phillip Investment LLC, trading as Tidy Services, and also to authorize the City Manager to execute a deed effecting the sale of the property. William Jones motioned to authorize the Ctty Manager to execute a contract between Phillip Investment Lrc, trading as Tidy Services, and the City of Salem for a parcel known as 2005 Cook Drive, Salerrl Virginia, Tax Map # 256-l-2,being approximately 0.31 acre portion of a 2.56-acre parcel. Mce-Mayor John Givens seconded the motion Ayes: Foley, Givens, Johnson, Jones, Martin 7. Closed Session A. Closed Session Hold a closed session pursuant to provision of S ection 2.2-37llA(3) of the 1950 Code of Mrginia, as amended, to discuss property the Ctty may wish to sell. Vice-Mayor John Givers motioned to move to closed session pursuant to provision of Section 2.2-37l lA(3) ofthe 1950 Code of\4rginia, as amended, to discuss property the City may wish to sell at 7:47 p.rn Jane Johrson seconded the motion Ayes: Foley, Givens, Johnson, Jones, Martin Adjoumment The meeting adjoumed at 8:l l p.rn ITEM # (,A oAIE lo-a+-tta UNAPPROVED MINUTES PLANNING COMMISSION October 12,2015 A re8ular meeting ofthe Planning Commission ofthe City ofSalem, Virginia, was held in Council Chambers, City Hail, 114 North Broad Street, at 7:00 p.m., on October 12, 2016, there being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robenson, Samuel R. Carter, and Denise P. King (Bruce N. Thomasson - absent); with Vicki G. Daulton, Chair, presidin8; together with James E. Taliaferro, ll, Assistant City Manager and Executive Secretary, ex officio member of said Commission; charles E. Van Allman, Jr., Director of Community Developmenu Benjamin W. Tripp, City Planner; Mary Ellen wines, zoning Administrator; and the following business was transacted: The September 14, 2016, work session and regular meeting minutes were approved as written. ln re: Hold Dublic hearinp to consider the reouest of l-MP lnvestments l-LC, propertv owner, and Salem Taxi, lessee. for the issuance of a SDecial ExceDtion Permit to allow automobile rental/leasins on the orooertv located at 515 Electric Road fiax Mao fl 155-1-1) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of LMP lnvestments 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); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the September 29, and October 3, 2016, issues of the SglgLIMLBggli$gI and adjoining property owners were notified by letter mailed October 3, 2016; and WHEREAS, staff noted the following: the subiect propertY consists of one parcel of about 2.5 acres; it is located on the west side of Electric Road, near the intersedion with St. John Road; the property is currently occupied by several industrial buildings; the applicant is requesting a Special Exception Permit to use the property for automobile rental/Leasin8, which encompasses taxicab dispatch services; the property on the east side of the railroad tracks is city owned and the parking of taxi vehicles in that area is not permitted; and WHEREAS, Chair Daulton noted that there was no one present to represent the petitioner, and she asked if the Commission wanted to move forward with the requesu and 2 WHEREAS, Commissioner King asked staff if the petitioner was specifically told that they needed to be at the meeting to rep.esent their request; Ben Tripp noted staff always discusses with the petitioner how the process works, when they are supposed to be at the meetings, etc.; Mrs. (ing asked if staff had heard anything from the petitioners, and Mr. Tripp noted that staff had noU Mrs. King noted that it concerns her when people do not show up for their request, and she is wondering how seriously they are taking their petition; Commission Member Robertson noted that he agreed with Mrs. King; and WHEREAS, Chair Daulton asked what was the pleasure of the Commission; do we want to move forward or do we continue the request? Commissioner Robenson noted that if anyone had any questions, then the Commission could continue the item, and ifthere are no questions, then the Commission could go ahead and vote on the request; and WHEREAS, Commissioner Carter asked if there is anything that says the petitioner has to be at the meeting, and lay Taliaferro noted there was nothing; Mr. Carter asked if they had submitted allthe proper paper work and everything seems to be in order, and he does not have any further questions, then he would say the Commission should move on with the request; Commissioner Robertson asked if they will still have to go before City Council with the request. and it was noted that the request will go before Council as usual; and WHEREAS, no other person(s) appeared related to said request; and WHERE, Commissioner King noted prior to voting that she was voting "nay" because the petitioner was not present; ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER CARTER, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of LMP lnvestments LLC, property owner, and Salem laxi, 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) be approved - the roll call vote being as follows: Denise P. King - nay; Samuel R. Carter, lll - aye; limmy W. Robertson - aye; and Vicki G. Daulton - aye. There being no further business to come before the commission, the same on motion ad.iourned at 7:05 p.m. Executive Secretary Chair 3 CITY OF SALEM PLANNING COMMISSION Prepared by: City Adminishative Staff STAFF REPORT ITEM #,I Meeting Date: October 12, 2016 Report preparedi October 5, 2016 RE: Hold public hearing to consider the request of LMP lnvestments 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). SITE CHARACTERISTICS: Zoning: HM Heavy Manufacturing Future Land Use Plan Designation: Commercial Existing Use: Office building/lndustrial Proposed Usei Automobile rental/leasing (Taxicab dispatch) BACKGROUND INFORMATION: The subject property consists of one parcel of about 2.5 acres. lt is located on the west side of Electric Road, near the intersection with St. John Road. The property is currently occupied by several industrial buildings. The applicant is requesting a Special Exception Permit to use the property for automobile rental/Leasing, which encompasses taxicab dispatch services. ISSUES: The property on the east side of the railroad tracks is city owned and the parking of taxi vehicles in that area is not permitted. ALTERNATIVES: 1) Recommend approval of the request lo City Council as submitted. 2) Recommend approval of the request with conditions not yel received. 3) Recommend denialof the request. 'l inch = 100 feet 0 50 r00 200 Feet lTEtul # 1 OCTOBER 201 6 PLANNING COMIi,IISSION 515 ELECTRIC ROAD CITY OF SALEM CoF Dqn ity D.v.lopo.!t D.p.rtr.ot P O Bor 359 Sdd, Vll!hii24lSl{869 Phon. (s4o) l?5 l0l2 EXISTING ZONING EE, Pr-' r5si.r I &r*n. Cr!*Eorum VZ ^c-t9,tunt o[d,d PUo - F'lr'.d urfi o.!id I rco - B6ire cffco D.b.r I cuD - cdr€€.rum6jl, d$id , Deo- D*ilorn E ffi oi,icr I H8o - Higrw., 8{.!rr.6 odrid f RB - F.Jd6rrs aorB. Dstkr RllF Fa.{td.rtat t/lrt+rmdy q8ti.i i I RflF/RB, R6id.d.r $dt+nirr/Rqidrtar B.dn€i6 DiDlb i I RsF Ro.idontic srngr. F nirt orrncr Er-rd cy,, lij:...,. L_lea ffiarL* I.'d lbdh I o-- I ^-.n-.,.r...IEE#o-.rrhh -k.d rrme HaoH, - Highs.y &lr.re..flev, Matut n ng Lanid ffi RSF/IiBD - Relit6ni.l srEl./tliglu., BL.irEi! oltEr I llao/t-rl Hghray &*L../Ltm M6iracn*rg o.rlc - .. RsFn-M - Re*ron!.rsingr. F6n y/ucir ra d&tunng ! ru xra,y uruturtng olrld I LM - tighr Mad..iri1c o€licr I RSFnS - Rde.ijdsinlh Fmily/Rai&r{d &sic! otsrricr RSF/RMF - R6.id.nid slnlL Frilr/Re*rs i.l Mdti+.mi, Dirtil Ull/r LEtt Mslaarii4b.vy Mm.f&lnlE Llildcr RSF/IBO R.sr&n!.rsirEa. Frjyllm3romr B{sllg o.trrd FUTURE LAND USE lrBP - M.rulrdren Hom P.rr O$id I rBo - rrrritidrl &!tB$ tutict A9/22/ 2Ag5 bt:22_. 54g982g4p9. .*-. _PHILL_IPS REALTY paGE 61 ..+-r:r4 PET]TION FOR SPECIAL EXCEPTION PERMIT City ol'Salen Dlpartott nI ol'planning antl Dcvclopmenr M6linds J. Pryne. DirBctor Emril: r!0Avn!(lsdqtryegqv Judy Hough, Planoor Emaili ihl)r(,1(c0sir60lva 0or Tolephone: 540-375.3O07 B6n frlpp, Pltnnel Emc t; l)ltilD@!p-tq')).v.i\$qy ol propeny wheroin special grqq,1;on is to be c0nducled 2 Location of Properly: Address; 515 OflicialTar Map Number Charelerisllcs of Prooertv: sire (Acrsase): L 5J {-l:-- Deed Rostrictions: Present Use Present &ning uM _ [and Use Plan D€signation: 4 Proposed u!, ol propcrty: Servrcss LLL _ of pmperty owne(s): ( Telephom Number. Affidavit: A TIE undergigned person(s) certifi€s that this petition and lhe foregoing answers, slalenrents, and olher information herewith submitted are i0 dl resfacls 1r(e and correcl to lhe best o, lheir knou,ledge and beli6l, Also, the petilioner undeGtands that a 'Notce of Zoling Reque$t sign will be poslsd on the pfopolty by lho city Signedi --.o,ro,.r{3lao*lnterest in Prope(y: Mailing Add.essr ( Telephone Number -4ay--2,X3--A2:28!6-?e,.* tr Sec. 10S52a(C) !s€ \ol PiovrdeC For"IJ Mailing O,fl"" u"" O^il; - - September 2t,2016 We are requesting a special exception zoning permit for Salem Cab services to utilize the office building at 515 Electric Rd as the office for Salem Taxi and Roanoke Taxi. /a5Pa}€ry_\JafveltensDn CAFIER IrcHINENTI150-2-7 DA a*t/fi2 vc 8Er'ItNc, rrc, tM. 150-2-3, trED lt/s'tRuyFltT 03co02j223 TRACT C_2 2.535 ACRES ,H.* I IICNNDI . ,*u pr* rouap- I o lRor{ Pli sfrR F ()PurrEx cl'u,s.; I --4- t twry LNE -i il --5--,ffjo, 9l E YI7ER MEIER , I -o- powR poLE oI c f,EIArMil6 lrllrl | 6. rne nroc.r.,r ffi"$ / "+{d._w Ol'lE SIDfY ULTAL BR,CK EI//,.ONNG 1515 OIJE STOR I#1AL B.I,I.DNC PITfSICAL UPffiWY T SUP/Ef FOR WP INVESTNRN,|' I,TE IRtcr c-2, sEoftvc Dmslo ot ptRcEL 'c', Or. AA,2?S OF EENRY C. PIXE ES?. EIP DEED mOK 815, PA3E 52 * 169/796clf oF sttE t, vRal,,lt ct RREll, o*ryER* rD6 ASSOa,iTES PAOPERTT TDDBESS lsr 5t5 ELECIRT RO/rD l,rofrr}l' UA. ROUTE 1tg*\[! 1' - 4o' COIJIRETE PRoPE Y @RPORATIOTIlv. 155-1-2 Og. tsa/151NO ttIIE REPOR-r FJTNI TiED MOfENTY I5 IN A FEIAA D€SI6I€D ZOlf X, UNsHTDED- CURI SIIRTEYI,]C ,4!a r: (61r) tBr-r@ t,loTEs: TN< 1156-l-1@:mO N: DE 2t1/a3 i,O mLE AEP,OflT FITRM9IED PiOFERIY /S OESMltr4]ED As AF.EYA DEFIiED ZONE x, AFFADAVIT OF MAILING PURSUANT TO 515,2.2201 CODE OF VIRGINIA PLANNING COUMISSION October 12, 2016 ITEM # 1 This is to certify that I mailed letters in reference to the Special Exception Permit request of LMP lnvestments LLC, property owner, and Salem Taxi, lessee, for the issuance of a Special Exception Permit 10 allow automobile rental/leasing on the property located at 515 Electric Road (Tax Map #1 55-1-1 ) to the following property owners and adjacent property owners on October 3, 2016, in the 2:00 p.m. mait: CARTHY CORPORATION PO BOX 3096 SALEM, VA 24153 WLEY DEVELOPIVENT LLC PO BOX 114 SALEM, VA 24153 MOUNT SINAI PROPERTIES. ELECTRIC ROAD LLC PO BOX 3096 SALEM VA 24153 VCBELTING LLC 6467 POAGES MILL OR ROANOKE, VA 24018 LMP INVESTMENTS LLC PO BOX 2143 ROANOKE, VA 24009 RAKES PROPERTIES III LLC 103 N FRANKLIN ST CHRISTIANSBURG, VA 24073 SALEM TAXI 515 ELECTRIC ROAD SALEM VA 24153 o,t"Jc/+./b-Signed City of Commonwealth of Virginia The foregoing instrument was acknowledged before me this _ day of Notary Public My commission expires: 2O_, by #-6b_ITEM DATE lo-er+-lk' AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 90, ARTICLE III, SECTIONS 90-74, 90-128 AND 90-212 AND ARTICLE lV SECTIONS 90-235, gO-237 AND 9O-238(a) PERTATNTNG TO WATER AND SEWER DISPOSAL AND RATES AND CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 90-74, 90-128, AND 9O-2L2, ARTICLE lll AND SECTIONS 90-236, 90-237 AND 9O-238(a) ARTICLE lV, CHAPTER 90, of The Code of the City of Salem, Virginia, be amended, revised and reordained to read as follows: Chapter 90 - UTtLtTtES ARTICLE III. - WATER AND SEWAGE DISPOSAL DIVISION 2. - WATERWORKS SYSTEM AND WATER SUPPLY Subdivision l. - ln General Sec. 90-74. - Same-Charges. (a) Generally. Before a service connection to a city water main is made for a consumer of water, the person desiring such connection shall pay to the city treasurer the following charges: (1) Availability fees: 5/8" or/e" Water Meter Size $2,000.00 l" Water Meter Size u,000.00 1 ll" Water Meter Size $7,000.00 2" Water Meter Size $13,000.00 3" Water Meter Size $25,000.00 4" Water Meter Size $40,000.00 6" Water Meter Size $80,000.00 8" Water Meter Size $155,000.00 (2) Connection fees: 5/8" or /a" Water Meter Size $1,500.00 1" Water Meter Size $1,800.00 1 1/2" Water Meter Size $2,700.00 2" Water Meter Size $3,300.00 Larger than 2" Water Meter Size Actual Cost plus 29%o (1) Fer % ineh water eenneetien er sma||er,,,,,91,050,00 (3) Fer 1% ineh water eenneetien ,,,,,^,050,00 (,1) Fer twe ineh water eenneetien ,,,,,2,325 00 (b) Subdlvlslons. ln a duly approved subdivision where the subdivider or property owner has installed water service laterals, as required under the provisions of chapter 78 of this Code as a part of the physical improvements within the subdivision, the amounts specified in subsection (a) of this section to be made shall be reduced by 40 percent. Connection fee for water service laterals installed by subdivider: 5/8" or %" Water Meter Size $900.00 l" Water Meter Size $1,080.00 1 %" Water Meter Size $1,620.00 2" Water Meter Size $1,980.00 Larger than 2" Water Meter Size Actual cost plus 29%o, whichever is greater DIVISION 3. - SEWAGE DISPOSAL Subdivision l. - ln General Sec. 90-128. - Sewer connection charges generally. (a) Before a sewer service connection is made to a city public sewer, the applicant therefor shall pay to the city treasurer the following charges: er, in ne event less than $1,900,00, O) Avaitabitity fees: 5/8" or %" Water Meter Size $1,000.00 1" Water Meter Size $2,000.00 1 11" Water Meter Size $3,500.00 2" Water Meter Size $6,000.00 3" Water Meter Size $12,000.00 4" Water Meter Size $20,000.00 6" Water Meter Size u0,000.00 8" Water Meter Size $75,000.00 twe in€h ,,,,,Aetual eestplus 'rg pe{€ent (b) This section shall be subject to sections 90- 129 and 90-'130 Sec. 90-212. - Payment of costs for work required by prohibited deposits. ln any case where a sewer main or pipe connection is stopped or choked by any materiats or rubbish deposited therein contrary to the provisions of this Article, by any tenant or property owner, upon due ascertainment by the city manager, such city manager shall cause the main or pipe connection to be opened, cleared or repaired, and shall cause the cost for doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from the provisions of the judicial enforcement remedies as provided in Section 90-208 hercin. Secs. 9B[2 90-213-90-235. - Reserved. (2) Connection fees: 6" Sewer Connection or smaller - based on lateral diameter The greater of $2,100.00 or actual cost plus 29Yo Connection - based on lateral diameter The greater of $2,100.00 or actual cost plus 2991 ARTICLE IV. - RATES AND CHARGES DIVISION 1.. GENERALLY Sec. 90-235. - Application for electric current, water or sewer services furnished by city; charge for meter. (a) Before any electric current, water or sewer service is furnished to any consumer, he shall make written application to the city manager requesting to be furnished such electric current, water or sewer services and shall agree in writing to pay the regular charges therefor. (b)A meter service charge of $440 $10.00 per service shall be paid before any electric current or water is furnished or transferred to a consumer applying therefor. Sec. 90-237. - Deposits for electricity, water and sewer services generally. (a)The city manager shall require of any prospective consumer of electric, water and sewer services to provide adequate assurance of the individual's, firm's or corporation's ability to pay for services provided for in this chapter. (b) This assurance may be made by any of the following methods: (1) Ownership of the land and buildings receiving such service; (2) Monetary deposit; (3) Bank letter of credit; (4) utility bond issued by an approved insurance company or other financial institution; (5) Contract in writing by which the owner of the property agrees to become liable for such utility services: (6) Letter of recommendation from Appde€hi€n+€we+€€f,pa€y another electric or gas utility@6eped€ and petemaG Tel stating that the individual making application for service has made payment on all obligations to such company in a timely fashion; (7) lf a consumer of seNices leaves the city in good standing and later returns to reestablish service, the city may waive other requirements listed in this section if city records are readily available to confirm the prior status, and (8) Other arrangement approved by the city manager. (c) The amount of such deposit or other assurance for residential cusromers shall be in the amount of $250.00. The amount of such deposit or other assurance for nonresidential customers shall be in the amount equal to thefrcbebte two times t re total cost for such electric, water and sewer services for a+e+ieC-€f+r€-m€nths the lwo highest previous bills. lf the actual usage of electric, water, and sewer services exceeds the established deposit or other assurance given by more than 20 percent, the city reserves the right to increase the amount of assurance provided. (d) Deposits or other assurances shall remain in effect for a period of two years. Upon satisfactory completion of this period, deposits, along with accrued interest if any at€-€t€-€i+h+ee-per€e# annuallS or other such assurances shall be returned or released provided that the individual, firm, or corporation has paid all of his or its obligations in a timely fashion. /nteresf is re-evaluated annually and based on the SCC reported rate. "Timely" means that no more than three payments over the 24 months have been subject to penalty for late payment and that none of the payments were more than 30 days past due. The city reserves the right to continue to require assurances as long as may be necessary. Sec. 90-238. - Payment of bills for electricity, water and sewer generally. (a) All meters for both water and electric current shall be read monthly, except that readings may be estimated on occasion as necessary, and each bill therefor shall be paid on or before the last payment date as shown on the bill, and if not paid by such date, a penalty of g34O $5.00 shall be added to the amount of the bill for each service, except in the case of commercial or industrial consumers, where a penalty in the amount of five percent of the current amount due shall be added. lf any consumer shall continue in default for an additional 25 days after such bill becomes due and payable, lhe residential or small general service eleclic, water or sewer service of the defaulting consumer shall forthwith be cut off, and an additiona, $1€{O $25.00 shall be added to the total bill, except for commercial and industrial consumers, where an-aCditienal$20=00 as ffie actual cost of making the reconnection will be charged, with a minimum of $250.00 shall be added to the total bill, and paid in addition to the amount then due before such services shall again be restored. ln addition, the City of Salem, Virginia may, at iE option, require a deposittrom the customer prior to reconnecting the seruice in accordance with the provisions of this chapter. The reconnection charge for all customers, where seruice has been disconnected for fraudulent use of electricity or where access to the meter has been denied, will be the actual cost of the reconnection, with a minimum of g2S0-00- (b) Nothing contained in subsection (a) of this section shall prevent the council from authorizing the city manager to enter into a different arrangement with a consumer who applies for and uses total quantities of water in excess of 50,000 gallons for a total period not exceeding four months and for a specified stated purpose, to furnish such water at the prescribed rates, billing such consumer at the end of such period for the total quantity of water used; provided, that such water is measured through one meter installed for that purpose only; provided, further, that the city reserves the right to furnish water at such times as will be most convenient to the city; provided, still further, that the city reserves the right to discontinue the furnishing of water if for any reason there is an insufficient supply of water, any breakdown in pumping equipment, filtration facilities, storage facilities or for any reason deemed necessary by the city manager. The director of finance shall require of any such prospective consumer, not a real property owner in the city, a monetary deposit of such an amount as will be at least equal to the probable total consumption of water for the period such water is to be consumed. All ordinances, or pa(s of ordjnances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (,10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James A. Martin - William D. Jones - Jane W. Johnson - John C. Givens - Byron Randolph Foley - Passed: Effective: I\ilayor ATTEST: James E. Taliaferro ll Clerk of Council City of Salem, Virginia 4bcITEM AN ORDTNANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICLE Vll, sEcTloNS 82-210 (a) AND (b) PERTAINING TO ADMISSIONS TAX. BE lT ORDAINED BY THE COUNCIL OF THE CIW OF SALEM, VlRGlNlA, THAT SECTIONS 82-210 (a) and (b) Article Vll, chapter 82, of The code of the city of Salem, Virginia, be amended, revised, and reordained to read as follows: ARTICLE VII. - ADMISSIONS TAX State Law teference- Excise tax on admissions, Code of Virginia, S 58.1-3840. Sec.82-210. - lnterest and penalties. (a) lf any person shall fail or refuse to remit to the commissioner of the revenue the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the commissioner of the revenue if,tere€t penalty althe rate of ten percent (10%) for the first month the taxes are past due and five percent (5%) for each month thereafter, up to a maximum of twenty-five percent (25%) of the taxes due but not remitted, or $10.00, whichever is greater. The penalty in no case shall exceed the amount of the tax assessed. (b) ln the event that any tax under this section is not paid by the due date, intercsl may commence not earlier than the first day following the day such taxes are due by ordinance to be filed, at the rate not to exceed ef ten percent (10%) @@peryoar. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten ('10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James A. Martin - William D. Jones - Jane W. Johnson - John C. Givens - Byron Randolph Foley - Passed: Effective: Mayor DATE lo-&+-lb Brur6Jrn 'LUalEs lo ^lrc lrcunoc ]o ualc ll oxelerlel 3 sauief :J-S3ILV LDITEM # n^rFlO-rL|-lU AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 98, ARTICLE II, DIVISION 2, SECTION 98- 126, PERTAINING TO VEHICLES FOR HIRE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 98-125 Article , Division 2, chapter 98, of The code of the city of salem, virginia, be amended, revised, and reordained to read as follows: CHAPTER 98 ARTICLE II. - VEHICLES FOR H IRE Sec. 98-126. - Fees-Schedule. The schedule of fees with reference to taxicab drivers' licenses shall be as follows: 1+l @) $3.00 for each application form, whether used or not, and for fingerprinting by police department and for each license issued. -=-$3JO \4 @) $1.00 for each renewal of license. ==-+1-O0 (c) $20,00 fot background checks on owners and/or directors upon each application and renewal of license. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and etfect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James A. Martin - William D. Jones - Jane W. Johnson - John C. Givens - Byron Randolph Foley - Passed: Effective: Mayor Page 1 ATTEST: James E. Taliaferro ll Clerk of Council City of Salem, Virginia Page 2 TEM # Gg 0AIE lo-aq -lb AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 10,2016 AGENDA ITEM: Appropriate funds to purchase property located at 1112 Tidewater Street. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City entered into an agreement with William E. Lee to purchase the property located at '1112 Tidewater St. on l\4ay 13, 2016 for a purchase price of $150,000. This property is located between two other parcels on Tidewater Street that are owned by the City of Salem. Currently, the City has marked this property purchase for economic development purposes. City staff is requesting that funds be appropriated from contingency to cover the purchase price of this parcel. FISCAL IMPACT: Contingency funds will be used to purchase the property. STAFF RECOMMENDATION: Appropriate $150,000 from the Contingency account, 51 -05'1-002'l -59500 to the purchase of property account, 51-05'l-0021-58020, to cover the purchase price of the property. ITEM#GE_ DATE lp-,i-l(P AT A REGULAR MEETING OF THE CIry COUNCIL OF THE CIry OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 24, 2016 AGENDA ITEM: Request to amend School Capital Projects Fund budget as approved by the School Board on October '1 '1, 2016 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Capital Projects Fund was amended by the School Board at their meeting on October 11, 2016. Budget amendments totaling $2,175,982were approved as additional appropriations. The attached memo details the appropriation. These funds come from meals tax and capital reserve balance for the schools. FISCAL IMPACT: Additional appropriations totaling $2,175,982 need to be made. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board's appropriation of $2,175,982 to the capital projects listed on the attached memo. Salem City Schools Capital lmprovement Plan (ClP)for 2018-2023 and Projects for FY 2017 October 11, 2016 Summary of lssue: This report is to request the Board to: 1. Approve the proposed projects for FY 2017 from the 6/30/'16 year-end balance and the funding of these projects (Capital Reserve) (Attachment A) 2. Approve the proposed projects for FY 2017 from the 6/30i 14, 6/30/15 and 6/30/16 year-end balance and the funding of these projects (Meals Tax) (Attachment B) 3. Approve the proposed 20'18-2023 Six Year CIP (Attachmenl B) Background; Salem's school buildings require on-going major maintenance projects on a regular basis due to age. ln recent years this has included such things as roofing replacement, heating and air conditioning work, building renovations, door and window updates, classroom upgrades and similar. ln addition, the division has used capital reserve funds traditionally to replace buses every year, supplement its technology budget, and replace major cafeteria equipment on a planned regular basis to even out future necessary outlays. With the balance available from this past fiscal year, the projects in attachment A are the requests from the Division on how to use these funds. There are 4 categories of how a fund balance is to be reported in the Capital Projects Fund for financial reporting purposes within the statement: '1. Restricted Fund Balance - restricted by externalcreditors (debt covenants) grantors, contributors 2. Committed Fund Balance - amounts that can only be used pursuant to constraints imposed by legislation, resolution, or ordinance and the constraints can only be removed by the same method 3. Assigned Fund Balance - amounts thal are constrained by the government's intent lo be used for specific purposes, but neither restricted or committed 4. Unassigned Fund Balance - any residualfund balance not in the first 3 categories. On November 28, 20'11, City Council approved a 2% tax rate increase on the Meals Tax for the City, and dedicated the proceeds to go to School Capital Projects. The tax became effective February 1,2012. With the balances available from past fiscal years (including the one just ending), the projects in attachment B are the requests from the Division on how to use these funds. Policy Reference: FB, Facilities Planning Fiscal lmpact: Ai this time, $8'19,395 of the unallocated capital reserve funding will be categorized in Assigned Fund Balance with the remaining being categorized as Unassigned Fund Balance. The total projects anticipated during the current fiscal year from capital reserve are listed in Attachment A. $1 ,356,587 of the unallocated meals tax funding will be categorized in Assigned Fund Balance with the remaining being categorized as Unassigned Fund Balance to be held forthe upcoming SHS Renovation. The total projects anticipated during the current fiscal year from capital reserve are listed in Attachment B. The total project requests in the CIP for the six year period FY 20'18-2023 arc $59,628,6'17 per Attachment C. Recommended Motion: Move approval of the projects for FY 2017 using funding from the 6/30/20'16 year-end balance and funding from the 6/30/2014, 6l30l2l'15 and 6130120'16 meals tax balance with a request that City Council appropriate funding from these year end fund balances as required, and move approval ofthe FY 20'18-2023 ClP. Salem City Schools 10/11/2016 16-17 CIP Requests for Meals Tax Usage Attachment B Meals Tax balance at 6/30/2015 - UNAUDITED $887,871 Meals tax balance at 6/30/2016 - UNAUDITED $468,716 Less: amount to be held for SHS Renovation in Unassiqned Fund Balance $0 Available for FY 17 projects/future AE/construction $1,356,587 SHS Buildinq Proiect - Local (78179)Account alreadv exists. moves funds there $1,356,587 Total $1,356,587 Over)/Under Budget $o fiEM# 3-q- 0ATE lb-aq-lE s?ph-tyEdE\ AT A REGULAR IVIEETING OF THE CIry COUNCIL OF THE CITY OF SALEI\,4, VIRGINIA HELD AT CITY HALL MEETING DATE: October 24, 2016 AGENOA ITEM: Request to accept and appropriate donation from the Salem Red Sox for Salem Parks and Recreation. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The Salem Parks and Recreation department will be receiving $11,000 from the Salem Red Sox. According to the lease agreement with the Salem Red Sox, they will 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. FISCAL IMPACT: Annual contributions allow the City to purchase needed items that are not included in the current budget for Kiwanis Field. STAFF RECOMMENDATION: City staff requests Council to appropriate $11,000 in donation revenue to the Parks and Recreation Donation account, 10-070-0100-46665 and increase the Machinery and Equipment expenditure budget for the Kiwanis Field, 10-070-71 14-58001 .