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HomeMy WebLinkAbout9/12/2016 - City Council - Minutes - RegularCity Counci l Meeting MINUTES Monday, September 12, 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 August 22, 2016 Work Session and regular meeting. B.Financial Report Consider the Statement of Revenues and Expenditures for one month ending July 31, 2016. 5.Old Business A.Western Virginia Regional Industrial Facilities Act Consider ordinance on second reading reiterating findings as to the Western Virginia Regional Industrial Facilities Authority and authorizing execution of the first amended and restated agreement creating such authority. (Passed on first reading at August 22, 2016 meeting.) Jane Johnson motioned to approve the ordinance on second reading reiterating findings as to the Western Virginia Regional Industrial Facilities Authority and authorizing execution of the first amended and restated agreement creating such authority. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin 6.New Business A.Amendment of City Code Consider ordinance on first 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. Mr. Yost stated he would speak on Agenda items 6A and 6B together relating to prepared food and beverages and transient lodging tax. They are similar and are trust taxes. If you are a customer of a restaurant or a hotel/motel, the tax part of the bill paid to the proprietor is the City of Salem's property and becomes so the moment it is handed to the proprietor. If that money is not transferred over to the City in accordance with these ordinances, a crime has been committed. The amendments made to the ordinances does not change the operating procedure and how the taxes are collected. There was new language added regarding the reporting timeframes for the remittance of the taxes and the reports. The criminal penalties that are involved if the taxes are not turned over to the City were clarified and highlighted. Mr. Jones asked how the City educates the business owners and Mr. Yost stated the Commissioner of the Revenue and the Treasure have the right to prepare rules and regulations but basically the Code covers all of that. He further stated when someone applies for a business license for a hotel/motel or restaurant, they are advised and told at that time what they need to do. Vice-Mayor Givens asked Mr. Yost if we could move passage on both items 6A and 6B at the same time. Mr. Yost confirmed Council could. Vice-Mayor John Givens motioned to approve ordinance on first 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. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin B.Amendment to City Code Consider ordinance on first reading amending Chapter 82, Article V, Sections 82- 138, 82-139, 82-142, 82-146 and 82-14, pertaining to transient lodging tax. Vice-Mayor John Givens motioned to approve ordinance on first reading amending Chapter 82, Article V, Sections 82-138, 82-139, 82-142, 82-146 and 82-14, pertaining to transient lodging tax. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin C.Department of Rail and Public Transportation Consider Resolution 1302 supporting Roll on/Roll off bicycle accommodations for bicycles on Amtrak passenger rail service Mr. Boggess stated Resolution 1302 encourages Amtrak to give consideration on the train to allow commuter bicyclist facilities to be able to roll on and roll off of the train once it arrives with passenger service in Roanoke in 2017. Basically, it is an additional space requirement to accommodate a bicycle on the train car. The City of Salem, along with other communities in the valley are showing support by adopting a resolution. Jane Johnson stated it does not mean this will happen but it will show support. Vice-Mayor John Givens motioned to approve the ordinance on first 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 D.Boards and Commissions Consider appointments and reaffirming vacancies on Boards and Commissions. Bill Jones recommended reappointment for Rosie Jordan to the Regional Alcohol Safety Action Program Policy Board and the Regional Community Criminal Justice Board, both effective July 1, 2016 for a three year term. Tom Bowers to be appointed the Regional Alcohol Safety Action Program Policy Board, effective July 1, 2016 for a three year term. Sherriff Eric "Ric" Atkins to be appointed to the Regional Safety Action Program Safety Action Program Policy Board, effective July 1, 2016 for a three year term. For the Community Policy & Management Team (CPMT), Vice-Mayor Givens recommended appointing Rosemary Walker to replace Kimberly Lee, Shannon Brabham to replace Patience O'Brien, Josh Shelor to replace Stacy Sheppard and the notification of the end of the term for Dr. Stephen Richerson, the private provider will be June 30, 2017. Vice-Mayor Givens also recommended reappointing Morris Elam, Jr. to the Roanoke Valley Greenway Commission for an additional three year term, ending May 26, 2019. William Jones motioned to consider appointments and reaffirming vacancies on Boards and Commissions. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin E.Appropriation of Funds Consider request to accept and appropriate the CDBG Downtown Salem Planning Grant. Audit - Finance Committee Vice-Mayor John Givens motioned to accept and appropriate the CDBG Downtown Salem Planning Grant. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin F.Appropriation of Funds Consider request to appropriate funds for the Thompson Memorial Corridor and Land Use Planning and Design Project. Audit - Finance Committee Vice-Mayor John Givens motioned to appropriate funds for the Thompson Memorial Corridor and Land Use Planning and Design Project. James Martin seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin G.Appropriation of Funds Consider request to accept and appropriate the State Homeland Security Program (SHSP) grant. Audit - Finance Committee Vice-Mayor John Givens motioned to accept and appropriate the State Homeland Security Program (SHSP) grant. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin H.Appropriation of Funds Consider request to amend storm water permit fees appropriation process. Audit - Finance Committee Mayor Foley asked if these fees are collected when a developer comes in and is it based on the size of the lot? Chuck Van Allman stated there is a fee the City collects depending on the size of the development and there are also budgeted amounts that are put in yearly for the City's permit fees, filings and special projects. If there are any funds left over in a given year, they can be rolled over into the next year. James Martin asked if there is a list of backlogged projects and if this will help address some of those issues. Chuck Van Allman stated it would, and it could also be used in the future for water quality issues and localized public education and outreach projects. Vice-Mayor John Givens motioned to amend storm water permit fees appropriation process. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin I.Appropriation of Funds Consider request to accept and appropriate funding from Virginia Department of Transportation for multimodal improvements along Boulevard Roanoke. Audit - Finance Committee Mayor Foley stated this is on the Boulevard in front of the Veterans Administration and is on the bus route side therefore it would help citizens who ride the bus as well as those trying to access the Veterans Administration because currently there is no sidewalk there. Vice-Mayor John Givens motioned to accept and appropriate funding from Virginia Department of Transportation for multimodal improvements along Boulevard Roanoke. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin J.Tidewater Street Contract Consider for approval the agreement for purchase of sale of real property, Tax Map # 164-1-9, located at 1112 Tidewater Street. Supplemental Item Mr. Taliaferro stated there is a proposed contract for Council's consideration for one property on Tidewater Street that the City does not own. Over the years the City has accumulated the properties in that area with the idea the City could consolidate all of the water department operations onto one site. Currently, the City has the water plant on Mill Lane and Tidewater and the maintenance crews are on Spring Street. Eventually, the City would like to have everyone under one roof. Also, if the City has all of those properties adjacent to the old Timber Truss property there is an economic development opportunity. There is a five or 10 acre property there. The Lee family owns that property and have agreed to sell the property for the assessed value which is $150,000. Bill Jones asked if we are sharing the clean-up cost and Mr. Taliaferro stated the Lee family are responsible for the first $5,000 in disposing of non-hazardous materials and the City is responsible after that. The Street Department does not know the weight of the materials on the property but they did a rough estimate of between $4,000 and $8,000 for the costs. Mayor Foley asked Mr. Taliaferro if he anticipated selling the property adjacent to Lowe's where the maintenance people are. Mr. Boggess stated the City would probably sell that property due to it having commercial potential. Vice-Mayor John Givens motioned for approval of the agreement for purchase of sale of real property, Tax Map # 164-1-9, located at 1112 Tidewater Street. William Jones seconded the motion. Ayes: Foley, Givens, Johnson, Jones, Martin 7.Closed Session 8.Adjournment The meeting adjourned at 7:58 p.m. City Counci l M ee ting Monday, January 25, 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, John C. Givens, Vice-Mayor: Councilmembers: Jane W. Johnson, William D. Jones, and James L. Chisom; Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Rosemarie B. Jordan, Director of Finance; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications, and Stephen M. Yost, City Attorney 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions Vice Mayor Givens gave his many thanks to the employees that worked so hard during the blizzard clearing the streets. They did a very fine job. Councilwoman Johnson agreed and added the E911 and public safety workers as well. Councilman Jones thanked the local businesses and citizens that donated food during this time. Mr. Boggess stated that Mac N Bob's and Donut World both donated food along with Linda Carroll, the Commissioner of the Revenue made Chili. 4.Consent Agenda A.Minutes Consider acceptance of the minutes of the January 11, 2016, Salem City Council work session and regular meeting. There were no minutes available for acceptance. B.Financial Report Consider acceptance of the Statement of Revenues and Expenditures for five months ending November 30, 2015. The Statement of Revenues and Expenditures for five months ending November 30, 2015, was hereby accepted with further discussion following the meeting. 5.Old Business A.Vacation of Alley Consider ordinance on second reading permanently vacating a certain unimproved 12' alley located off Pyrtle Drive, 150' south of the Kimball Avenue intersection. (Approved on first reading, January 11, 2016, meeting.) Vice-Mayor John Givens motioned to adopt ordinance on second reading permanently vacating a certain unimproved 12' alley located off Pyrtle Drive, 150' south of the Kimball Avenue intersection. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Givens, Johnson Abstain: Jones B.Zoning Ordinance Amendment Consider ordinance on second reading to enact and amend Chapter 106, Article II District Regulations, Sections 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-212.3(B)(1), 106-218.2(B)(6), 106-218.3(C)(1), 106-218.3(C)(2), 106-220.2(B) (6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-312.3, Article IV Development Standards, Sections 106- 404.17(E) and 106-404.17(F), Article VI Definitions and Use Types, Sections 106- 602.9, and 106-602.11, pertaining to breweries and microbreweries, site development regulations, and definitions. (Approved on first reading, January 11, 2016, meeting.) Jane Johnson motioned to adopt ordinance on second reading to enact and amend and amend Chapter 106, Article II District Regulations, Sections 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-212.3(B)(1), 106-218.2(B)(6), 106-218.3(C) (1), 106-218.3(C)(2), 106-220.2(B)(6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-312.3, Article IV Development Standards, Sections 106-404.17(E) and 106-404.17(F), Article VI Definitions and Use Types, Sections 106-602.9, and 106-602.11, pertaining to breweries and microbreweries, site development regulations, and definitions. Jim Chisom seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones C.Voting Precinct Consider ordinance on second reading amending Chapter 26, Article II, Section 26- 38(b), of THE CODE OF THE CITY OF SALEM, VIRGINIA, regarding Precinct A or Conehurst precinct. (Approved on first reading, January 11, 2016, meeting.) William Jones motioned to adopt ordinance on second reading amending Chapter 26, Article II, Section 26-38(b), of THE CODE OF THE CITY OF SALEM, VIRGINIA, regarding Precinct A or Conehurst precinct. Vice-Mayor John Givens seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading the request of H2V properties LLC, property owner, for rezoning the property located at 201 West Main Street (Tax Map # 122-1-5) from RSF Residential Single Family District to DBD Downtown Business District. (Advertised in the January 7 & 14, 2016, issues of the Salem Times Register; recommend approval; see Page 1, Planning Commission minutes.) STAFF REPORT Ms. Payne noted the following: the subject property consists of one parcel located at the northwest corner of the intersection of Lewis Avenue and West Main Street; the total acreage is approximately .3 acres, and the property is occupied by a one- story vacant office building; the applicant states that he and his partner would like to turn the building into a co-working office space, similar to a co-lab; this concept involves a shared office environment that is used by independent individuals, often with their own business; the users benefit from proximity to other creative individuals and their ideas and hopefully this results in synergy that fosters entrepreneurship; the Zoning Administrator has determined that this activity is consistent with the “Office” use type, which is a by-right use in DBD; the Future Land Use Map designates this property’s future use as “Downtown”; and a portion of this property lies within the Floodway boundary; Mayor Foley opened the public hearing at 7:37 p.m. Justin vanBlaricom, property owner, appeared before the Council explaining the rezoning request. He stated that the proposed use is to make it much like the Grandin Co-Lab, a co-working space. He noted that he was born in Salem, grew up in Roanoke and went to Roanoke College. He believes that a lot of young people from the area who go to Roanoke College move away for a couple of years, much like he did. He was gone for 10 or 11 years and just recently moved back to Roanoke. He thinks that there is a good opportunity to keep some of the Roanoke College students in town, if they can have a place to operate a business while they are in college. He also thinks the facility will work well for people who work out of their homes that do not have office space. These type of co-working environments allow people to have office space and a mailing address without the expense of having to rent a huge space. Councilman Chisom stated that he is from Salem, graduate of Roanoke College, and he has seen what has come out of the CoLab that Ed Walker created on Grandin Road. The opportunity for the proposal to be successful is fantastic. He likes the redesign of the building and it is a perfect use for that space and stretching the business district to this point is an excellent plan. Councilman Jones inquired as to the number of offices that the building could contain. Mr. vanBlaricom stated that there are six private offices and twelve desk rentals with lockable desks and conference rooms that can be rented by the hour and general membership with access to a business lounge type environment. Councilman Jones inquired about parking. Mr. vanBlaricom stated that there are six or seven parking spots behind the building and everything else is on the street parking with the church and CVS. Typically seventy to eighty percent that frequent this type of facility walk or ride bikes. They are not typically looking for a parking spot and the Downtown Business District does not have the parking requirements that a Highway Business District would have for that use. Councilwoman Johnson noted that it is on the Valley Metro route as well. She is familiar with the CoLab and it is a wonderful space and she had been hoping Salem would have one as well. Vice-Mayor Givens stated that it would go in well with the Downtown Plan. Mayor Foley inquired if there would be an entrepreneurial coach. Mr. vanBlaricom replied that he had spoken to Jim Flowers at VT Knowledge Works and having some joint programs with the CoLab. Roanoke College has their own center for entrepreneurship. Having no additional speakers, Mayor Foley closed the public hearing at 7:42 p.m. Vice-Mayor John Givens motioned to approve ordinance on first reading the request of H2V properties LLC, property owner, for rezoning the property located at 201 West Main Street (Tax Map # 122-1-5) from RSF Residential Single Family District to DBD Downtown Business District. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones B.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading the request of PLM Ventures LLC, property owner, for rezoning the property located at 1037 East Riverside Drive (Tax Map # 248-4-2) from TBD Transitional Business District to HBD Highway Business District. (Advertised in the January 7 & 14, 2016, issues of the Salem Times Register; recommend approval; see Page 5, Planning Commission minutes.) STAFF REPORT Ms. Payne stated that the subject property consists of a single parcel located at the intersection of East Riverside Drive and Apperson Drive; the property is adjacent to the Roanoke River Greenway and is currently vacant; across Riverside Drive is Aqua Pros, a pools, hot tubs and hearth business, and across Apperson Drive is a vacant restaurant; this request is to rezone the .675 acre parcel from TBD Transitional Business District to HBD Highway Business District; the new property owner would like to use the property to increase usage of the greenway in Salem; he is proposing to make the building into a food truck dining room for patrons to eat as well as adding outdoor dining space; the facility also would be rented for paint nights/birthday parties/exercise classes on the greenway; under the current zoning designation, assembly halls are permitted with the approval of a Special Exception Permit; in the HBD zoning, assembly halls are permitted by right so the property owner would like to rezone the property. Mayor Foley opened the public hearing at 7:44 p.m. Justin vanBlaricom, property owner, appeared before Council explaining the rezoning request; he noted that the property is located at the corner of East Riverside Drive and Apperson, and there is a metal shed which was used for a fruit stand for years and next door was an insurance office. He stated it was his daughter’s idea to purchase the property so they bought it and have tried to come up with a reason to have it because it needed a lot of work. The floors and walls were all rotten from flooding in the past. They have removed the walls and floors and put on a new roof. He worked with Todd Sutphin, Building Official, again on what they could do to fix it up because the property is in the floodway also; so the idea they came up with for the property was that his family wanted a place in Salem where they could hang out. The greenway is a great public investment, and he read a study that was done a couple years ago which noted the greenway in Roanoke City had 120,000 users in that year and the greenway in Salem near Moyer Park had 77,000 users, he believes; this is pretty impressive considering that the greenway in Roanoke City goes by Rivers Edge and all those front facing properties. The greenway in Salem does not have a lot of those front facing properties, and this is one of the two or three properties remaining which have not been knocked down; so he wanted to save the building first of all so that it would not be torn down. Obviously, it is not a charitable thing so they have talked about trying to make money with the property by having a food truck dining room. This idea came when he was eating at a food truck down in Roanoke City near the hospital. He could not hear the communication with the person he was trying to order from because of the generators running. Then when he went to eat his food in the parking lot he was sweating and miserable. There are a lot of food trucks in the area now, and a lot of them park in Salem to get their food prepped, etc., so he thought it would be great use for the food trucks to come to the property and they would be able to plug in and not have the loud generators running. With the property being right on the greenway, people could go for a walk on the greenway on their lunch break, and then have a climate controlled place to eat their food. In the winter, the trucks do not do a lot of business because of the weather, but if there is a place where people can go that is heated, it would make it more convenient. Further, there are no parking requirements for patrons of the food trucks, and the health inspectors inspect the food trucks so this is a way to have a different restaurant every day of the week in one place. Then the people who come to the food trucks can go for a walk and use the greenway. They also have expanded this into wanting to have a place they could rent out for birthday parties, exercise classes, yoga classes, etc., and it makes a lot of sense where it is located. Vice-Mayor Givens inquired as to the replacement materials of the floors and walls that were removed. Mr. vanBlaricom replied that the outside of the building is block and brick so the inside will be plaster over brick and concrete floor so when it floods in the future, and it will flood, it can be easily cleaned. Councilman Jones inquired if the old fruit stand would be torn down. Mr. vanBlaricom stated that he has someone who is interested in a farm to table organic fruit stand in that location. It is also in the floodway so if it was torn down it could not be replaced. Councilwoman Johnson asked if there were set hours with someone on the premises at the time to oversee. Mr. vanBlaricom replied yes. There is one bathroom that will need be cleaned as well so there will be someone there to clean and lock up. Councilman Chisom inquired about parking. Mr. vanBlaricom stated that most of the traffic will come from the greenway so the parking issue is not as big of an issue because there are public parking spots all along the greenway. There are nine to ten parking spaces existing, so there will be some onsite parking but most of the traffic will be from the greenway. Mayor Foley asked if an ABC license could be acquired since there will be food trucks. Mr. vanBlaricom replied inside only unless an outside area was fenced in but he would have to verify that information. Having no additional speakers Mayor Foley closed the public hearing at 7:49 p.m. Jim Chisom motioned to approve ordinance on first reading the request of H2V properties LLC, property owner, for rezoning the property located at 201 West Main Street (Tax Map # 122-1-5) from RSF Residential Single Family District to DBD Downtown Business District. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones C.Boards and Commissions Consider appointments to fill vacancies on various boards and commissions. William Jones motioned to reappoint Wayne Adkins and David Robbins to the Economic Development Authority for four year terms ending March 9, 2020; David G. Brittain to the Real Estate Tax Relief Review Board for a three year term ending February 14, 2019; Kevin Boggess to the Roanoke Valley Broadband Authority for a four year term ending December 31, 2019; Melinda Payne as a full member and Benjamin Tripp as alternate to the Western Virginia Regional Industrial Facility Authority for four year terms ending February 3, 2020; Appoint Rosemarie Jordan to replace Frank Turk on the Roanoke Valley Detention Commission with no term limit; James L. Chisom to replace Lisa D. Garst to the Economic Development Committee with no term limits. Jim Chisom seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones D.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 14, 2016) Mayor Foley inquired as to the significance of Uber and Lift in regards to this process. Mr. Boggess responded that state code exempts them from this process and there is currently legislation to remove taxicabs from this as well. Vice-Mayor John Givens motioned to set the public hearing for the issuance of Certificates of Public Convenience and Necessity for March 14, 2016. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones 7.Closed Session 8.Adjournment Meeting adjourned 7:56 p.m.