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HomeMy WebLinkAbout9/26/2016 - City Council - Minutes - Regular UNAPPROVED MINUTES CITY COUNCIL WORK SESSION September 26, 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 September 26, 2016, at 6:00 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 S. Boggess, City Manager; 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, Mr. Taliaferro gave a follow up on the sign ordinance; and WHEREAS, Mr. Boggess gave an update on the Neighborhood meeting held on September 21, 2016, in reference to the sale of the Civic Center property; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Counci l Meeting MINUTES Monday, September 26, 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 September 12, 2016 Work Session and regular meetings. 5.Old Business A.Amendment of City Code Consider ordinance on second reading amending Chapter 82, Article IV, Sections 82-101, 82-103, 82-107(b), 82-109, 82-110, 82-111 AND 82-113 pertaining to tax on prepared food and beverages. (Passed on first reading at September 12, 2016 meeting.) Vice-Mayor John Givens motioned to approve ordinance on second reading amending Chapter 82, Article IV, Sections 82-101, 82-103, 82-107(b), 82-109, 82- 110, 82-111 AND 82-113 pertaining to tax on prepared food and beverages. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin B.Amendment to City Code Consider ordinance on second reading amending Chapter 82, Article V, Sections 82- 138, 82-139, 82-142, 82-146 and 82-14, pertaining to transient lodging tax. (Passed on first reading at September 12, 2016 meeting.) Jane Johnson motioned to approve ordinance on second reading amending Chapter 82, Article V, Sections 82-138, 82-139, 82-142, 82-146 and 82-147, pertaining to transient lodging tax. James Martin seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin 6.New Business A.Special Exception Permit Hold a public hearing to consider the request of Layman Candy Company, Inc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1637 East Main Street, Tax Map # 77-3-13. (As advertised in the September 8, and September 15, 2016 issues of the Salem Times Register.) Recommend approval with proffered conditions; see Page 1 of Planning Commission minutes.) STAFF REPORT Mr. Taliaferro stated the petitioner would like to open an indoor baseball and softball training facility. A few years ago, a new use type was created for high- ceiling type industrial buidlings to allow athletic instruction services and that is the petition Council has in front of them this evening. The petitioner has two proffered conditions: 1) a 50 foot set-back would be observed from the center line of Dalewood and 2) proper screening would be provided on the north side of the property. Mr. Jones asked if everything is indoors and Mr. Taliaferro confirmed everything is indoors. Mr. Martin asked if the primary entrance into the property is from Dalewood Avenue and if most of the traffic would be from that side. Mr. Taliaferro directed that question to the petitioner. Mr. Ricky Gregg, 5719 Big Horn Drive, Roanoke, VA stated it is difficult to answer but his best guess would be half coming from East Main and half from Dalewood because there is an entrance on both sides. He further stated he is only using the warehouse that is closest to Dalewood. Mr. Jones asked if when the other side is rented if there would be sufficient parking? Mr. Glen Bowe, owner of Layman Candy, stated he hopes there would. They own the two houses adjacent to the property are currently vacant and used for storage. In the future, if the other part of the building is rented the houses would probably be removed. Mayor Foley asked if there were any other questions. There were none. Mayor Foley stated this is a public hearing and asked if anyone would like to speak to the issue. There were no comments and the public hearing was closed. Mr. Martin asked if proper screening had to do with landscaping. Mr. Taliaferro stated typically it is evergreen type trees and could also be fencing. Mr. Jones stated if it is a fence that he would ask it not be chain link and would make it fit the aesthetics of the neighborhood. Mr. Taliaferro stated with a special exception, Council could place conditions on the use so Mr. Jones stated he would like the condition to be if fencing it be approved fencing. Mr. Yost stated fencing is not required, however, if they wish to put a fence up, Council can require it fit in with the aesthetics of the other housing adjacent to the other properties. Mayor Foley asked if Council could be specific and require wood, vinyl, composite or metal but under no circumstance may it be chain link. William Jones motioned the request of Layman Candy Company, Inc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit with proffered conditions to allow athletic instruction services on the property located at 1637 East Main Street, Tax Map # 77-3-13. Vice-Mayor John Givens seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin B.Salem School Board Hold a public hearing and receive views of citizens and candidates regarding the appointments to fill the expiring terms for Artice M. Ledbetter and John Andrew "Andy" Raines. (As advertised in the September 15, 2016 issue of the Salem Times Register.) Present this evening was Ms. Artice Ledbetter, 1906 Millstream Drive, Salem, is seeking reappointment to the Salem City School Board. Ms. Ledbetter thanked Council for entrusting her for the position and gave examples of why it meant so much to her. Ms. Ledbetter stated this position has afforded her the opportunity to encourage our chidren to make this community better and that is why she is seeking reappointment. Andy Raines, 1305 Winston Drive, Salem stated he also was seeking reappointment to the Salem City School Board. Mr. Raines also thanked Council for the opportunity to have served the last three years. He stated the reappointment is an affirmation of the chemistry and diversity of backgrounds and experiences that come together on the current board. Teresa Sizemore-Hernandez, 309 Orchard Street, Salem stated she loves the current school board and is present to seek an appointment if there is a vacancy in the future. Ms. Sizemore-Hernandez has children in the Salem school system and has served on many boards and is familiar with policies and procedures in the school system. She would like to use her skills to be able to give back to the schools. Mayor Foley asked if there are others who would like to speak and there are none. Mayor Foley then told the speakers Council would discuss and notify them how we would proceed. C.Senior Trips Consider request to adjust budget for Senior trips. Audit - Finance Committee Ms. Jordan stated the budget was set based on the past few years which was approximately $30,000 and the individual currently handling the senior trips has done so well we have exceeded the revenue and expenditures att his point. The Director has evaluated that and feels a better number would be $75,000 in revenue and expenditures. This change would not change the bottom line of the general fund nor would it entail any additional City dollars. We anticipate the additional trips would bring in more money as well as cover the cost of the trips brought to the City Center. D.Civ ic Center Property To authorize the City Manager to execute a contract between Spartan Development & the City of Salem for the sale of a 6.75 acre parcel located at 1001 Boulevard- Roanoke, Salem, Virginia, Tax Map # 57-1-2. (Public hearing was held on July 25, 2016.) Supplemental Item Mr. Boggess stated as Council is aware, the City has been interested in having a hotel developed on the Civic Center site for a number of years. A developer has come forward with a project that looks like it is feasible and is interested in moving forward. The City has negotiated a contract of purchase that is being presented to Council for consideration. The City met with the neighbors last week and there were some conditions put in the contract as a result of the public hearing at July and the Neighborhood meeting. He noted that he wanted to quickly go through the proposed contract and the restrictions within it which Council would be authorizing him to sign if they choose to do so. First, is the repurchase option which is something that we customarily do with City owned property where we are encouraging development. It states that within 24 months if the developer has not done what he says he is going to do in terms of applying for permits, breaking ground, etc., then the City has the option and right to purchase it back for the same price we sold it for, which is $675. Next, there are a number of conditions that have been placed on the proposed purchaser/developer for the property. The only usage on the property is a hotel and a restaurant. Any sale of the premises by the purchaser to a third party prior to the substantial completion of the improvements shown on the exhibits, i.e. the concept plan and the pictures attached to it, then City Council has the right to buy it back before it could be sold to anyone else. The reservations, restrictions and covenants included in this agreement cannot be amended or removed without City Council's express condition so it would have to come back before Council before any of the conditions could change. The hotel and restaurant cannot exceed three stories in height and cannot be more than 50' tall as measured from the nearest adjacent grade. Further, the building has to be constructed and situated in conformance with the concept drawings submitted and attached to this document as exhibits. The hotel has to contain at least 80 hotel rooms for rentals, but we believe the proposed amount is 95 rooms. The restaurant has to conform to the renderings which were submitted and has to look like what has been shown, including the exterior materials, the architectural design, the three stories and the general layout which has been presented. Item G of the purchase agreement specifically references the franchise agreement dated July 15, 2016, between Holiday Hospitality Franchising and the purchaser, and this franchise agreement is incorporated in this by reference. He noted that the franchise agreement for the Staybridge Suites is a very, very specific document which spells out every fit and finish and level of construction. Everything that meets the Staybridge Suites quality is written into the franchise agreement and the purchaser has agreed that what is built will adhere to this agreement. There is not really an option for them to do a lesser hotel. The only way they could do this would be to come back to City Council and ask for permission to change this particular agreement. So they are locked into doing a Staybridge Suites as they have been awarded this franchise. The exterior heating, ventilation, and air conditioning equipment has to be screened in an enclosure and cannot be located, constructed, or maintained on the north or west side of the property. Any fencing shall be wood, simulated wood, or metal which a finish that is compatible with architectural character of proposed structure, and under no circumstances can they use chain-link fencing. All the electric utilities have to be buried on the site. The restaurant has to be at least 5,000 square feet with 150 interior seats and 50 outdoor patio seats. Exterior lighting has to comply with the Code of the City of Salem and additionally has to be dark skies compliant which is an industry standard. Further the lighting has to be fully shielded, which means full cut off lighting, and has to be completely directed downward. The light spillage at the property lines cannot exceed 1/2 foot candle, which is not much light. The one restriction that came as a result of the neighborhood meeting relates to the signage. The question came up about the use of LED or animated signage on the property so we are specifically restricting them. The only type sign that will be allowed is a monument type sign with non-LED faces and that all free standing signs be no taller than 5' in height. He further noted that he thinks one of the things he will ask Council for here and in one other place in the agreement is to allow the City Manager to go back and fine tune these particular things. He noted that we intended to not allow animated lighting or LED lighting forward facing but what we do not intend to do is to eliminate them from being able to use LEDs if it is behind the sign to back light it or something like that as this is the most efficient way. So we will need to clarify these items with Mr. Yost. Directional signs will be allowed in conformance with the City Code and wall signs will also be allowed on the Texas Street side and over the main entrance on the building. Mr. Yost noted that the contract is similar to the ones that were done across the street at the Commerce Park. The differences are the reservations, restrictions, and covenants that Mr. Boggess is discussing this evening but other than that is is pretty standard stuff. Additionally, in Section 2300 - Miscellaneous, we referenced that this sale is expressly contingent and conditioned upon City Council approving his authorization to execute the contract, which is what he is requesting Council to consider this evening. In addition, we have the requirement that the purchaser has to relocate the existing gravel service road as shown on the depictions and the attachments at their expense, not at the City's expense and that we reserve access easements on both of the entrances that they are proposing so that we can cross this property to get to the service road, if we need to. Item D, we have indicated that the purchaser needs to reimburse the City for the cost to relocate any recreational vehicle parking spaces which need to be moved as a result of this development. We believe there could be as many as 20 - 24 RV parking spaces. We have had some varying degrees of expense in terms of relocating those spaces but his suggestion to City Council would be to authorize him to work with the City Attorney to put a not to exceed amount. In other words, that the purchaser would reimburse the City for costs involved with relocating RV spaces to another appropriate site on the Civic Center property in an amount not to exceed $75,000 or somewhere in that range. Those are the two things he is requesting Council to include in their motion should they choose to authorize him to execute the agreement, it would be subject to the negotiation of a not to exceed amount for the RV spaces and the clarification of the lighting and the use of LED with regards to the signage. He noted he would ask Mr. Yost if he has anything to add or answer any questions Council might have. Mr. Yost stated the City Manager had covered it very well, and again, Council's approval would be that in effect this contract which has been presented will be in substantial conformance, but at the same time it will allow the City Manager and City Attorney the flexibility and authority to refine some of these conditions as they see fit. Of course if they deem any of the changes to be material, then it would come back to Council. Council Member Johnson noted she was glad to hear the comment that this agreement was much like the property across the street. She expects that it is equally as important to all of them that we maintain that certain look with this property as well as what has been done across the street. Mayor Foley asked if there were any other questions or comments. He noted he needed a clarification of an item. He asked if it states in the agreement that it will be a right turn only on the Boulevard or does it need to be outlined? Mr. Boggess noted it would be a right turn in and right turn out on the Boulevard, and this would be handled administratively through the site plan review process. Council Member Martin thanked City staff for the due diligence and the briefings received in work session and publicly in the meeting this evening. He appreciates all the hard work that has gone into getting us to this point. Other Council members agreed with Mr. Martin. Mr. Boggess and Mayor Foley thanked Melinda Payne. Council Member Jones noted that it has been a long process and somewhat painful. When it affects a neighborhood, it affects people in different ways, and Council understands this. He noted that Council has been looking for years for the right fit for the Civic Center to make it grow and to help the community. He believes that they have put as much limitations as they can on the project to make it feasible for producing revenue to help make Salem an even better city. So, he understands the pain of the neighborhood. Vice-Mayor John Givens motioned to authorize the City Manager to execute a contract between Spartan Development & the City of Salem for the sale of a 6.75 acre parcel located at 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2. James Martin seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin 7.Closed Session A.Closed Session Hold a closed session pursuant to provision 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 Vice-Mayor John Givens motioned to move to closed session at 8:15 p.m. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin 8.Adjournment The meeting adjourned at 8:38 p.m.