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Home My WebLink About7/25/2016 - City Council - Agenda -RegularCity Council Meeting Monday, July 25, 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 July 11, 2016, Work Session and regular meetings of Salem City Council. 5.Old Business A.Vacation of Public Utility Easement Consider ordinance on second reading to permanently vacate a public utility easement at the request of Hugh W. Killinger, III, owner of New Lot 3 of Diamond Crest Estates recorded in the City of Salem as Tax Map Number 263-2-4. (Passed on first reading at July 11, 2016 meeting.) B.Chapter 86 City Code Consider Ordinance on second reading to amend Chapter 86, Article I of the City Code pertaining to law enforcement officers and the use of bicycles, mopeds, and all terrain vehicles during the course of duties. (Passed on first reading at the July 11, 2016 meeting.) 6.New Business A.Conv eyance of Property Hold a public hearing to consider the sale of adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106-8-11, consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). (As advertised in the July 15, 2016 issue of The Roanoke Times.) B.Conv eyance of Property Hold a public hearing to consider the sale of adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5, consisting of 0.248 acres and 10 West Burwell Street, Tax Map # 122-7-3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). (As advertised in the July 15, 2016 issue of The Roanoke Times.) C.Conv eyance of Property Hold a public hearing to consider the sale of a parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-11-4.1, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). (As advertised in the July 15, 2016 issue of The Roanoke Times.) D.Conv eyance of Property Hold a public hearing to consider the sale of a parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. (As advertised in the July 15, 2016 issue of The Roanoke Times.) E.Conv eyance of Property Hold a public hearing to consider the sale of a parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. (As advertised in the July 15, 2016 issue of The Roanoke Times.) F.Conv eyance of Property Hold a public hearing to consider the sale of a parcel known as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately 1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. (As advertised in the July 15, 2016 issue of The Roanoke Times.) G.Special Exception Permit Hold a public hearing to consider the request of J. E. Home Solutions, Inc., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 318 White Street (Tax Map # 144-2-22). As advertised in the July 7, and July 14, 2016 issues of the Salem Times Register. Recommend approval; See page 3 of Planning Commission minutes STAFF REP ORT H.Amendment of City Code Hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-218.2.(B)(5) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/Leasing in LM Light Manufacturing District. (As advertised in the July 7, and July 14th issues of the Salem Times Register.) Recommend approval; See page 3 of Planning Commission minutes S TAFF REPORT I.Amendment to City Code Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-220.2.(B)(5) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/Leasing in HM Heavy Manufacturing District. (As advertised in the July 7, and July 14, 2016 issues of the Salem Times Register.) Recommend approval; See page 3 of Planning Commission minutes STAFF REPORT J.Amendment to City Code Hold public hearing to amending Chapter 106, Article III Use & Design Standards, Section 106-304.9.(A)(2) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to manufactured home parks. (As advertised in the July 7, and July 14, 2016 issues of the Salem Times Register.) Recommend approval; See page 3 of Planning Commission minutes STAFF REPORT K.Amendment to the City Code Hold public hearing to amending Chapter 106, Article IV Development Standards, Section 106-402.3.Table 1 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and University District. (As advertised in the July 7, and July 14, issues of the Salem Times Register.) Recommend approval; See page 3 of Planning Commission minutes STAFF REPORT L.Amendment to City Code Hold public hearing to amending Chapter 106, Article IV Development Standards, Section 106-402.17.(A)(B) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping. (As advertised in the July 7, and July 14, 2016 issues of the Salem Times Register.) Recommend approval; See page 3 of Planning Commission minutes. STAFF REPORT M.Salem Stadium Concessions Consider contract with the Salem Host Lions Club for concession rights at the Salem Stadium. N.Roanoke Valley Broadband Authority Consider Resolution 1301 to authorize the City to enter into a Service Agreement and a First Amendment to the Support Agreement with the City of Roanoke, County of Roanoke, Roanoke Valley Broadband Authority and the Virginia Resources Authority. O.Appropriation of Funds Consider request to accept and appropriate carryover fund balance for Fire Department Kitchen Renovation. Audit - Finance Co mmittee P.Council Meeting Consider cancellation of the August 8, 2016 Salem City Council Work Session and regular meeting. 7.Closed Session 8.Adjournment Audit Finance Committee, Monday, July 25, 2016, 8:00 a.m., City Manager's Conference Roo m The Work Sessi on for Monday, J ul y 2 5, 2 016 i s cancel l ed. rEM#-58-- DATE 1--25-16 UNAPPROVED MINUTES CITY COUNCIL WORK SESSION July 11, 2015 A work session of the Council of the City of Salem, Virginia, was held in the City Manager's Conference Room, 114 North Broad Stree! Salem, Virginia, on July 11, 2016, at 6:3o p.m., there being presentthe following members ofsaid Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones (Absent), and James A. N4artin; with Byron Randolph Foley, presiding; together with Kevin 5. Boggess, City Manager; Rosemarie B. lordan (Absent), Director of Finance, Mike Crawley, Chief of Police, loe Crowder, Virginia State Police and Cindy Waters, Virginia State Police; and the following business was transacted: [,1ayor Foley reported that this date, place, and time had been set in orderfor the Council to hold a work session; and WHEREAS, Joe Crowder gave an overview of a Narcotics Awareness Campaign; and WHEREAS, Mr. Boggess updated Councilwith miscellaneous updates; and WHEREAS, there was no further discussion to be had, t\4ayor Foley adjourned at 7:24 p.m. Mayor Clerk of Council City Council Meeting MINUTES MondnY. Jub, 11,2016,7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Wgrnia24153 1. Call to Order 2. Pledge of Allegiance 3. Bid Openings, Awards, Recogritiors 4, Consent Agenda A. Minutes Consider acceptance of the minutes from the Jwe 27, 2016 Work Session and regular meetings of Salem Ciff Council. B. Financial Report Corsider the Acceptance of the Statement of Revenues and Expenditures for eleven months ending May 31,2016. 5. Old Business A. Vacation of Right of Way Corsider Ordinance on second reading permanently vacating two portions of Peery Drive with the right-of-way on the northem and southem sides at Thorrpson Memorial Drive, containing less than 0.1 acre, adjacent to "John's Bridge," in the City of Salern (Passed on first reading at the June 27 ,2016 meeting) Jane Johnson motioned to adopt the Ordinance on second reading permanently vacating two portions of Peery Drive with the right-of-way on the northem and southem sides at Thonpson Memorial Drive. Mce-Mayor John Givens seconded the motion Ayes: Foley, Givers, JohrsorL Martin Absent: Jones B. Amendment to Znning Ordinance Consider Ordinance on second reading the request ofJudah Iand, L[.C, contract pwchaser, and General Electric Conpany, property owner, for the rezoning of eight parcels located in the 1500 block of Boulevard-Roanoke (Tax Map #'s 221-3-8,9, 10,ll,12, 13 and 14, ar:d222-l-1) from RBD Residential Business District to HDB Highway Business District with the voluntarily proffered conditiors. (Passed on first reading at Jlullre 27 ,201 6 meeting. ) Vice-Mayor John Givers motioned to adopt the Ordinance on second reading for the rezoning ofeight parcels located in the 1500 block of Boulevard-Roanoke (Tax Map #'s221-3-8,9, 10, 11, 12,, 13 ard14,afi,222-1-l) fromRBD Residential Business District to HDB Highway Business District. Jane Johrson seconded the motion Ayes: Foley, Givens, Jolurson, Martin Absent: Jones New Business A. Vacation of Public Utility Easement Hold a public hearing and consider Ordinance on first reading to pennanently vacate a public utiiity easement at the request of Hugh W Killingeq III, owner of New I-ot 3 of Diamond Crest Estates recorded in the City of Salem as Tax Map Number 263-24. (As advertised in the June 27, 2016 and July 4, 20 16 issues of 7he Roanoke 1imes. Mr. Taliafeno stated the petitioner came before Council a couple of months ago for a Special Exception Permit for a garage in excess of 1,000 square feet. Council granted that request. After the petitioner had the lot surveyed he discovered a public utility easement in the way of the garage. While working with the Electric Department and the Water Department it was determined the Water Department does not have a need for water there but the Electric Depa-rtment would like to keep a l0- foot easement. The next door neiglrbor, Mr. Simms agreed to dedicate a five-foot easernent if Council would vacate 15-feet of easement on the petitioner' side, leaving a l0-foot easement centered on the property line. The Ordinance before Council at tonight's meeting is dedicating that easement as shown on the copy of the latest survey. \4ce-Mayor Givens asked if this would also include the easement on the front on the property and Mr. Taliaferro responded saying there is a 40-foot easement on the flont of the property and the petitioner is requesting to vacate 2O-feet of that. There are no issues fiom staffwith that vacation. B. Mr. Martin asked Mr. Taliafeno if the remaining easement would satisfy the requirement the Electric Department forsees. Mr. Taliafeno stated that it would as the only potential use the Electric Department forsees is if underground would ever be used in that area, there would be a lO-foot easement. Mayor Foley opened up the public hearing to receive questiors or connnents and there were none therefore the public hearing was closed. Mayor Foley then asked Mr. Yost if he was satisfied and Mr. Yost stated he was satisfied and wanted to inform Council in many cases similar to this such as alleys or street closings Council would appoint "\4ewers" to go look at the property but in this case there is not a need for that as there is not anything the "Mewers" would be able to determine in sirrply viewing the property Public Utility Easement vacations are typically vacated on the recorffnendation of City Staff therefore in this case Council does not need to appoint Viewers. Mce-Mayor John Givers motioned to consider Ordinance on frst reading to permanently \acate a public utility easement at the request of Hugh W Killinger. James Martin seconded the motion. Ayes: Foley, Givers, Johnson, Martin Absent: Jones Chapter 86 City Code Consider Ordinance on first reading to amend Chapter 86, Article I of the City Code pertaining to law enforcement officers and the use ofbicycles, nropeds, and all terrain vehicles during the course ofduties. Mr. Boggess stated this code change would allow police officers and other emergency services personnel to utilize equipment such as an all-terrain or utility vehicle along the Greenways for patrolling and would give City staff another way to help patrol the Greenways and other areas in the City. For exanple, during Olde Salem Days this would allow City staff to have those Opes of equipment on the street properly. Mce-Mayor Givers asked if this would apply to things outside of the Greenway. Mr, Yost stated that is correct and would also allow for this across City property. The current City Code states private citizers cannot drive across the City property in one ofthese type vehicles but the code change makes it clear that the police department and emergency personnel carl Mr. Yost further stated Chief Crawley requested this code change and Roanoke City has the same ordinance. Mayor Foley stated this code change is a result ofa grant that allows for the purchase of one gator vehicle. Mr. Martin asked if this grant would only purchase one utility vehicle and Mr. Boggess confi.rmed the grant would be for one to be used to patrol for events primarily in the summer, or other special events. Mce-Mayor John Givens motioned to adopt Ordinance on first reading to amend Chapter 86, Article I of the City Code pertaining to law enforcement officers and the use ofbicycles, mopeds, and all terrain vehicles during the course ofduties. Jane Jolrrson seconded the motion. Ayes: Foley, Givers, Johrsoq Martin Absent: Jones C. Appropriation of Funds Corsider request to accept and appropriate B1.rne Special Fund Program grant from the Department of Criminal Justice Services. Audit - Firnnce Committee Vice-Mayor John Givers motioned to accept and appropriate the Byme Special Fund Program grant from the Department of Criminal Justice Services. James Martin seconded the motion. Ayes: Foley, Givens, Johrson, Martin Absent: Jones 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 \4rginia, as amended, to discuss property the City may wish to sell. Mce-Mayor John Givens motioned to move to a closed session at 7:43 p.rn Jane Johnson seconded the motion. Ayes: Foley, Givens, Johrsoq Martin Absent: Jones 8. Adjoumment Mce-Mayor John Givers motioned to adjoum at 8:35 p.m. Jane Johnson seconded the motion Ayes: Foley, Givens, Joksoq Martin Absent: Jones ITEMf-54 ults 1-aS-ltP AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2272 of the 1950 Code of Virginia, as amended, providing for vacating 20 feet of an existing 4O-foot public utility easement and 15 feet ofan existing 20-foot public utility easement in the City of Salem, Virginia. WHEREAS, and application has been filled with the Council of the City of Salem. Virginia pursuant to Section 15.2-2272 requesting that portions of a 40-foot and 20-foot public utility easements be permanently vacated and discontinued as shown on that certain plat of the property of Hugh W. Killinger, III, prepared by McMurry Surveyors, Inc., dated June 21,2016, attached here onto and made a part hear of; and WHEREAS, pursuant to Section 15.2-2272 and Section 15.2-2204, the applicants in this proceeding has caused a public notice to be published in The Roanoke lirnes, a newspaper published and having general circulation in the City of Salem, Virginia, such publication having been made twice, with at least six days elapsing between the first and second publication, to-wit; on June 27,2016 and July 4, 2016 and such notice specified the time and place ofhearing to-wit: July 11, 2016 at 7:30 p.m. in the Council Chambers of the City of Salem, at which time persons affected may appear and present their views, all of which is shown by a Certificate ofPublication executed by The Roanoke Times urd filed with the papers in their proceeding; and WHEREAS, a proper notice has been given to the land proprietors along the public utility easement affected by the closing; and WHEREAS, the Council, after considering the evidence submitted, is of the opinion that vacating and closing portions ofthe public utility easement, described above will not abridge or destroy any ofthe rights and privileges ofany person, and that no inconvenience would result to anyone therefrom, and it is further of the opinion that the request ofthe applicant should be granted; NOW, THEREFORE, BE IT ORDANED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that 20 feet of an existing 40 foot public utility easement and 15 feet of an existing 20-foot public utility easement on the lands of Hugh W. Killinger, III (known as Lot 3, Diamond Crest Estates, Tax Map # 272-2-1) as shown and depicted on the aforesaid plat dated June 21, 20l6,be permanently vacated, discontinued, and closed as provided by Section 15.2- 2272 of the 1950 Code of Virginia, as amended to date; subject to the following condition: That the City of Salem, Virginia, be granted a 5-foot public utility easement from the adjacent property owner the Simms Family Limited Partnership, over its property as shown on said plat of June 21, 2016. BE IT FURTHER ORDAINED BY THE COLINCIL OF THE CITY OF SALEM, VIRGINIA, that a certified copy of this ordinance be delivered to the Clerk of the Circuit Court of the City of Salem, Virginia, for recordation therein, and to the City Engineer of the City of Salem, Virginia, make appropriate notice ofvacation herein approved on the maps and other documents in his office. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same hereby repealed. This ordinance shall be in fulI 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: Byron Randolph Foley Mayor, City of Salem, Virginia ATTEST: James E. Taliaferro, II Clerk of Council, City of Salem, Virginia lsl IEM# 5b AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 86, ARTICLE I, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO LAW ENFORCEMENT OFFICERS USE OF BICYCLES, MOPEDS OR ALL TERRAIN VEHICLES DURING THE COURSE OF DUTIES. BE tT ORDATNED By THE COUNCTL OF THE C|TY OF SALEM, VlRGlNlA, that Chapter 86, Article l, of the Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: Article I Section 86-16 Section 86-15 - Law enforcement officers (a) Any law enforcement officer of the city, operatint a bicycle, electric power-assisted bicycle, all-terrain vehicle or moped during the course of his or her duties, shall be exempt from the provisions of this Article. (b) Any bicycle, electric power-assisted bicycle, all-terrain vehicle or moped being operated by a law enforcement officer of the city, during the course of his or her duties, shall be deemed to be a law enforcement vehicle and shall have the same rights and privileges as any other law enforcement vehicle when the bicycle, all-terrain vehicle or moped is being operated in response to an emertency call, while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. 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: /s/ Mayor ATTEST: James E. Taliaferro, ll Clerk of Council City of Salem, Virginia pq15'1 -25-ltp tTEt\4# je_ DATE 'l - 25-l (p NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on July 25,2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, wi hotd a pubtic hearing to consider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map #'l06- 8-1 1, consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5, consisting of 0.248 acres and '10 West Burwell Stree\f ax Map # '122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-114.1, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easemenls). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-aqe tacl. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. 6) A parcel known as '1001 Boulevard-Roanoke, Salem, Viginia, fax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately '1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 114 North Broad Street, Salem, Virginia, at 375-3016. At said hearing, parties in inlerest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council tTEtu# tD._ DATE t-2s-lk NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, will hold a public hearing to consider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106- 8-11, consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # '122-7-5, consisting of 0.248 acres and 10 west Burwell Stree\ f ax Map # 122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-11-4.1, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. 5) A parcel situated in Roanoke County, Virginia, Tax NIap #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. 6) A parcel known as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately 1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 114 North Broad Street, Salem, Virginia, at 375-3016. At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council fiEM # ba DAIE .l-}s-t(. NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, will hold a public hearing to consider the sale of the following parcelsl 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106- 8-1 1, consisting of 0.9'13 acres and '16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5, consisting of 0.248 acres and 10 West Burwell Sheet, Tax Map # 122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-11-4.1, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. 6) A parcel known as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately 1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 'l'14 North Broad Street, Salem, Virginia, at 375-30'16. At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council /._ IIEM # ,O L) oAIE 'l -25_l rr' NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, will hold a public hearing to consider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106- 8-1 '1 , consisting of 0.913 acres and '16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5, consisting of 0.248 acres and '10 West BuMell Stree\ f ax Map # 122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-114.1, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4'127 West Main Street, Salem, Virginia, being approximately 14.84'l acres. 6) A parcel known as'1001 Boulevard-Roanoke, Salem, Virginia, IaxMap#57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately '1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 114 North Broad Street, Salem, Virginia, at 375-3016. At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council fiLM#G6 DAIE '1-25-\b NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, will hold a public hearing to consider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106- 8-1 1, consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easemenls). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5, consisting of 0.248 acres and 10 West Burwell Stree\f ax Map #'122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appu(enant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map# 106-1'l-4.1, consisting ot 0.227 actes, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. 6) A parcel known as '1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately 1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 1 14 North Broad Street, Salem, Virginia, at 375-3016. At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council IEM # ("F DNE t2-?'lta NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on Juty 25, 2016, at 7:30 p.m., in Council Chambeis of the City Hall, 114 North Broad Street, in the City of Salem, Virginia, wi hold a public hearing to consider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # 106- 8-11, consisting of 0.913 acres and 16 East Ctay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (superjacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # '122-7-5, consisting of 0.248 acres and 10 West BuMell Street, f axuap # '122-7- 3, consisting of 0.497 acres (superjacent airspace only, including but not limited to appurtenant easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-114j, consisting of 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tract. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately 14.841 acres. 6) A parcel known as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direction along Texas Street, approximately 1000 linear feet from the southeast intersection of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 'l l4 North Broad Street, Salem, Virginia, at 375-30'16. At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request. THE COUNCIL OF THE CITY OF SALEM, VIRGINIA James E. Taliaferro, ll, Clerk of Salem City Council * U)GITEM p41E 'l-.25-lta CITY OF SALEM ITEM #1 PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: cityAdministrative staff *1lJ;r,.!|:,", JulY 6, 2016 RE: Hold public hearing to consider the request of J E Home Solutions lnc., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 318 White Street (Tax Map # 144-2-22). SITE GHARACTERISTICS: Zoning: RSF Residential Single Family District Land Use Plan Designation: Residential Existing Use: Single Family Dwelling Proposed Use: Two Family Dwelling @: The subject property consists of one parcel of about .13 acres. lt is located on the east side of White Street, north of the interseclion with West 2nd Street. The building is currently vacant but was constructed as a single family residence. At some point in the past, the house was converted for two units, but this use was never approved. lt has been vacant for more than two years and so any grandfathering of the two family dwelling use has ceased. The applicant has purchased the property and would like to use both units. !s.E: The applicant has been informed about the need to install a fire wall separation between the two units and has agreed to do so, which is a requirement of the building code. $IEENAIIYES: 1) Recommend approval of the request to City Council as submitted. 2) Recommend approval of the request with conditions not yet received. 3) Recommend denial of the request. 1 inch = 100 feet 0 25 50 t00 lrtrlrrrl Feet ITEM # 1 JULY 2016 PLANNING COTUMISSION 318 WHITE STREET CITY OF SALEM Community Dcvclopmmt Dcpartmcnt P O Box t69 Salem, v'rSinia 24153-0869 Ihde (540)3?5-1012 EXISTING ZONING ff so.'t e'oootv Ll Prels'77 rc-agnanwc,sna I aCo - arsness colm@ Elstid J CUO - ColegaltJnrEsity District ] OeO - Oovnrwn BBimss Clistricl ! HaO- Higt*ay Busin6s Eliirict f XU - fieuy uanutuuring District ] LN - ugtt ttandaclurire DstEt ! mne - uanrurrcd lbrrE Pafi Ostid ,1I ruo-a*r"our*D3rir ! na - nercr,riJ Busiress Dislisi ffi nur - neioerrirl Mdlifmly Dbtid f nUrna - n."idatial t rit-FamllyrR6iHid B6iress Disrict ----l nSr - na.cntial SaUe Farlt DiBtrlct $l nSrmao - n"sio.ntial Sngb/Higiilay BBiress Dslid ] nsrnur - nsidential single Family/Resdmtial Multi-Fmily tlstrid 77 asf ng) Resid€nlid Srngle Family/TEcitmal BusiEss ost ici ! rcmoxrc oevsroeuar enu ] RESDENTTI ! nousnm ] rxsrrurrmr !mmsrmr I couuractt ! owrrowr f xxeolse ] eueuc nmxsmD EcRarol i-l HeOnU - Xigtrra, Bsimsftbavy nauiacturiE Elrrict Si nSrtU - n*ri,enta Shgle Fffiilyl-igtrt Mauffirdr€ ]] XeUf-U - rngf*8y ariness/Light Man actuirg U$id I RSF/Ra - R6k entd Single Fmily/Rsidailid Bcimss Ds.trict '12 tllnU - Lrghl Manufctunng,[leavy Manufacluting Districr ! TBD - Transitional Bucness Dist-rct PETITION FOR SPECIAL EXCEPTION PERMIT City of Salem Department of Community Development ,n,,,,0,n003!ll3illi,[,-''"r'Ji#;31!:ioo-37s-3032 1. Legal Owne(s) of property wherein special exception is lo be conducted:T E il.*. G/,,+"..^s r,.. 2, Location of Property: Address:3 ty wh,.k 9+ s> L -. Subd vision: Official Tax Map Number: 3. Characteristics of Property: Size (Acreage): C.l Deed Restrictions: Present Use: Present Zoning Classi Land Use Plan Designation: 4. Proposed use of property: 5. Agent(s) or owne(s): (Specify interest) Mailing Address: Telephone Number: 6. Affidavit: A. The undersigned person(s) certifies that this petition and the foregoing answers, statements, and other information herewith submitted are in all respects true and correct to the best of lheir knowledge and belief. Also, the petiti City. that a'Notice of Zoning Request" sign will be posted on the property by the lnterest in Mailing . ='6 =- on, l"/zs/rc: O u.*rtr Telephone Number:5o ^n- Office Use Only: tr Sec. 106-524(8)tr Sec. 106-524(C) "Use Not Provided For' , E Home Solutions lnc 274 Hunters Trail Troutvllle, VA 24175 6-30-16 To Whom lt May Concern: This letter is to request a "Speclal Use Permit" for the Property located at 318 White S! Salem, Va. I have purchased this house that was being used as a duplex when it was lived in having separate utility services separating the upper levelfrom the lower level as well as separate kltchens and baths. The property was vacent, run down, and distressed. I have been currently working on the property and investing thousands of dollars to flx it up and bring it up to date having, updated the electrical service, two new heating / cooling systems, new windows, .oof and siding repairjust to name some ofthe repairs and updates being done. I have also cleaned out overgrown vegetation and restored the gravel parking area behlnd home ln alleyway. I have transformed this dangerous eyesore into one of the most attractive houses in the neighborhood. My desire is to clean and fix up the dwelling to help restore the home visually to help keep up the value of the neighborhood as well as restoring its usability. I am requestlng to bring this house up to date to a legal duplex status with proper zoning. I want to provide two dwelling unlts in this home and make them available for use immediately. I have been in touch with building department and am ready to install required fire barrier between units and other updates to bring the house to building compliance once my request is granted. I strive to malntaln my propenies and provide housinB for responsible tenants who will keep the peace in the neighborhood. I respectfully ask you grant this request and assist me in providing much needed safe affordable housing. 540 797-0636 jehomesolutionsinc@gmail.com PI,AT OF THE PBOPERTY OT J E HOME SOLUTIONS INC. INS# 160001103;TL# 144-2-22 LOTS 19 & 20, SECI'TON 7, KASEY ADDMON 318 trHnE S"IRmT CITY OT SALEII, YIRGINIA I{CXURRY SI,,RVEYORS, INC. DAI,EYLII, VIRGINI^ 2,008&' O25O SCALE 1- = 2O' Jt LY 05. 2010 n >- EE NQU I S T\SALE Y\LOT. D VC I E_eUa 1A PLAT DRAf,N TRO}T CI'RRENT FIELD UEASUNEUENTS rND RECORD PrAT (PB r PG 21 ROA. Co.). /: 1; rke T; [: \g THITI TBAM IS SBO-rN AS BEINC E}MRELY irll N zoNE x oN l'.E.lr-A. x Psl iHIcI{ zoNE IS NOT tm{IN A 1OO YEAR FLOOD PIAIN. THIS PIIT TAS DRA'N YITHOTIT TIIE BENEflT OT A TTTLE nmonr Ev AN ATtoRNEy AND 1I{EREToRE xAY Nor NECESSARILY INDICATE AIL f,NCUXBRANCES UPON THE PROPERTY. LOT 19 ,ur:91) LOT 19 ^oaVELEiirY= LOT 20,*frietlofiJ'ulo-- --.. -- --.1L FErEr---- AFFAOAVIT OF MAILING PURSUANT TO 515'2-2204 CODE OF VIRGINIA PLANNING COMMISSION July {3, 2016 ITEM # { This is to certify that I mailed letters in reference to the Special Exception Permit request of J E Home Solutions lnc., property owner, for the issuance of a Special Exception Permit to allow a two family on the property located at 318 White Street (Tax Map #1M-2-22) to the following property owners and adjacent property owners on June 30, 2016, in the 2:00 p,m. mail: HARTLESS ROBERT EARL JR 2977 DRAGAM DR RtcHMOND, VA.23233 WORRELL HARRY L 314 WHITE ST SALEM, VA 24153 HART, ASHLEY G 319 WHITE ST SALEM, VA 24153 WORRELL HARRY L III 322 WHITE ST SALEM, VA 24153 GUSLER T JASON PSC 80 Box 21973 APO, AP 96367 HESTER F STALEY JR 203 UNION ST SALEM, VA 24153 Signed City of Salem Commonwealth of Virginia The foregoing instrument was acknowledged before me this - day of -, 2O-, by Notary Public My commission expires: UNAPPROVED MINUTES PLANNING COMMISSION luly 13,2016 A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in CouncilChambers, City Hall, 114 North Broad Street, at 7:00 p.m., on luly 13,2016, there beinB present the followin8 member5 of said Commission, to wit: Bruce N. Thomasson,.limmy W. Robertson, and Denise P. King (Vicki G. Daulton and samuel R. Carter, lll - absent); with Bruce N. Thomasson, Vice Chair, presiding; together with James E. Taliaferro, ll, Assistant city Manager and Executive Secretary, ex officio member of said Commission; charles E. Van Allman, Jr., Diredor of Community Development; Benjamin w. Tripp, Planner; Mary Ellen Wines, Zoning Administrator; and William c. Maxwell, Assistant City Attorney; and the following business was transacted: The June 15, 2015, work session and regular meetinB minutes were approved as written. ln re: orooertv owner. for the issuance of a Soecial Exceotion Permit to allow a two familv dwellinq on the prooertv located at 318 White Street (Tax Map f 744-2-221 The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of I E Home Solutions lnc., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the propeny located at 318 White Street {Tax Map # 144-2-22); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the lune 30, and July 7, 2016, issues of the SdCLfhe!-BgglS!9! and adjoining property owners were notified by letter mailed June 30, 2016; and WHEREAS, staff noted the following: the subject propeny consists of one parcel of about .13 acres; it is located on the east side of White Street, north of the intersection with West 2nd Street; the building is currently vacant but was constructed as a single family residence; at some point in the past, the house was converted for two units, but this use was never approved; it has been vacant for more than two years and so any grandfathering of the two family dwellinB use has ceased; the applicant has purchased the property and would like to use both units; and the applicant has been informed about the need to install a fire wall separation between the two units and has agreed to do so, which is a requirement of the buildinB code; and WHEREAS, Justin Enquist of .l E Home Solutions lnc., property owner, appeared before the Commission explaining the Special Exception Permit request; he noted that he had just purchased this property recently; he stated that hls intentions were to restore the property to what it looked like it was being used for * it was already divided as a two family dwellin8; he noted that the upper and lower levels each has its own kitchen, bathroom, electrical and gas meters; so he had purchased it to fix it up and bring it back to a useable rental property for two families; his company does a lot of restoration of homes to sell; he state he had a picture ofthe home if the commission would like to see what has been done to the home already; they have put a lot of money into it, such a new heating and cooling systems, trying to make it safer, etc.; he noted that they had cleaned up the property as it basically had been an eyesore on the streeU he presented pictures to the Commission showing what it looked like before and what it looks like now; and WHEREAS, Commissioner King noted that she had visited the property and while she was there one of the neighbors came out; she said the only thing that concerned her initially was the idea of having a duplex on a street where there are only single family residences; so when she noticed the gentleman across the street, she went over and introduced herself and asked him if he was aware of the zoning hearing and what his thoughts were; she noted that the neighbor could not have been more positive about Mr. Enquisu Mr. Enquist noted that he was glad to hear this; she noted that he has said all the neighbors were aware of the request and that they had watched and seen all the work that he had put into the property, and that they were absolutely in favor of the request; she stated that she wanted Mr. Enquist to know this; Mr. Enquist noted that he was glad to hear this; he stated that the gentleman who was there at the meeting is one of the other neighbors right next to the dwelling; he noted that the gentleman's daughter had previouslv owned the house and lost it; he stated that the gentleman is in favor of the request and has asked him to put a fence up between the back yards; he noted that he has agreed to do this and wrote an agreement stating he will put a fence up from the alleyto the deck on the side ofthe house; and WHEREAS, the Commission members noted that he has done a nice job with the property; Mr. Enquist noted that he really appreciates their comments; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth 2 3 recommend to the Council of the City of Salem that the request of J E Home Solutions lnc., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 318 White Street (Tax Map # 144-2-22) be approved - the roll call vote: all present - aye. WHEREAS, the Executive Secretary asked the Commission if they would like to consider readin8 the next five items on the agenda together given the fact that no one was in attendance to participate in a public hearing; further, the items will probably still need to be voted on as individual items; the Commission noted that this would be acceptable; and ln re: Hold public hearing to consider amendinq Chapter 105, Zoning. Article ll District Reeulations. Section 106-218.2.{B)15) and Section 106-220.2.{B)(5) of the CODE OF THE CITY OF SAIEM. VIRGINIA pertaininq to Automobile Rental/Leasins in LM Liqht Manufacturing and in HM Heavv Manufacturing Districts; Article lll Use & Desisn Standards. Section 105-304.9.(A)(2) ofthe CODE OF THE CITY OF 5ALEM. VIRGINIA pertaining to manufactured home parks; Article lV DeveloDment Standards. Section 105-402.3.Table l ofthe CODE OF THE CITY OF 5ALEM. VIRGINIA Dertaininq to buffer vards in the Residential Eusiness District and Colleqe and Universitv District: and Article lV Development Standards. Section 106-402.17.(AXB) & (D) ofthe CODE OF THE CITY OF SALEM. VIRGINIA oertainine to maintenance of landscaoine The Executive Secretary reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Zoning, Article ll District Regulations, Section 106- 218.2.(B)(5) and section 106-220.2.(8X5) of the coDE oF THE CtTy OF SALEM, VTRGtNtA pertaining to Aulomobile Rental/Leasing in LM Light Manufacturing and in HM Heavy Manufacturing Districts; Article lll Use & Design Standards, Section 106-304.9.(AX2) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to manufactured home parks; Article lV Development Standards, Section 106-402.3.Table 1 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and University District; and Article lV Development Standards, Section 106-a02.17.(AXB) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the lune 30, and luly 7, 2016 issues of the 5ale!l!1e!3eg j$.gl; and WHEREAS, staff noted the following: this request is to enact and amend Chapter 106, Article ll District Regulations, Section 106-218.2.(B)(5) and Section 106-220.2.(B)(5) of the CODE 4 OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/Leasing in LM LiSht Manufacturing and in HM Heavy Manufacturing Districts; Article lll Use & Design Standards, section 106-304.9.(AX2) of the CODE OF THE clTY OF SALEM, vlRGlNlA pertaining to manufactured home parks; Article lV Development Standards, Section 105-402.3.Table 1 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and university District; and Article lV Development Standards, Section 106- 402.17.(AXB) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaininB to maintenance of landscaping; and WHEREAS, no other person (s) was/were present related to said request; ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Zoning, Article ll District Regulations, Section 106-218.2.(B)(5) of the CODE oF THE clTY oF SALEM, VIRGINIA pertaining to Automobile Rental/LeasinB in LM Light ManufacturinB District be amended as follows: ARTICLE II DISTRICT REGULATIONS Sec, 105-218, - LM-Light manufacturing district. Sec. 105-218.1. - Statement of intent. The LM Light Manufacturing District is created to establish and preserve areas within the city that are suitable for business and light industrial uses. LM Light ManufacturinB districts are the location of a significant portion of the city's employment base. The district allows a wide variety of industrial and warehouse uses and activities that occur primarily within enclosed structures, with minimal or no environmental impacts associated with smoke, odor, and noise. Sec. 106-218.2, - Permitted uses. (B) The following uses are permitted by special exception in the LM Light Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article lll, Use and Design Standards. l. Agriculturol Use Types (None) 2. Residentiol Use Types (None) 3. Civic Use Types (None) 4. Office Use fypes (None) 5. Commerciol Use Types Athletic lnstruction Services Automobile Rental/Leasing 6. lndustriol Use Types Asphalt Plant. lndustry Type ll Landfill, Construction Debris Landfill, Rubble Landfill, Sanitary Meat Packing and Related lndustries Railroad Facilities ReSource Extraction Scrap and Salvage Services -- the roll call vote: all present - aye. ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council ofthe City of Salem that Chapter 106, Zoning, Article ll District Regulations, Section 105-220.2.(BX5) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/LeasinB in HM Heavy Manufacturing District be amended as follows: ARTICTE II DISTRICT REGULATIONS Sec. 105-220. - HM-tleaw manuladuring district. Sec. 106-220.1, - Statement of intent. fhe HM Heavy Manufacturing District is created to establish and preserve areas within the city that are suitable for business and more intensive industrial uses. The district allows a wide variety of intensive industrial and warehouse uses. Manufacturing activities and uses within the 5 6 district occur primarily within enclosed structures, but uses have siSnificant outdoor storage needs. Sec. 106-220,2. - Permitted uses. (8) The following uses are permitted by special exception in the HM Heavy Manufacturing District, subjed to all other applicable requirements contained in this chapter. An asterisk (') indicates that the use is subject to additional, modified or more stringent standards as listed in Article lll, Use and Design Standards. !. AgticulturolUseTypes (None) 2. Residentiol Use Types (None) 3. Civic Use Types (None) 4. Ollice Use Types (None) 5. Commerciol Use Types Athletic lnstrudion Services Automobile Rental/teasing Recreational Vehicle Sales and Service' 6, lndustriol Use fypes lndustry Type lll Landfill, Construction Debris Landfill, Rubble Landfill, Sanitary Resource Extraction Scrap and Salvage Services 7. Miscelloneous Use Types Aviation Facilities Tower * -the rollcallvote: all present - aye. ,7 ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER KING, AND DUtY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Zoning, Article lll Use & Design Standards, Section 106-304.9.(AX2) of the CODE OF THE CITY oF SALEM, VIRGINIA pertaining to manufactured home parks be amended as follows: ARTICLE III USE AND DESIGN STANDARDS sec, 106-304.9. - Manufadured home park, lAl Approvol Process: 1. Manufactured home parks shall only be allowed in Manufactured Home Park Districts (MHP). 2. park shall reqs€st an amendment te the effi€ial .ening map psrsuant te the p+ovi5+or$-€f+h*+haptef- All requests for MHP distrids shall be considered conditional rezoning requests and shall require an amendment to the official zoning map pursuant to the provisions of this chapter- 3. lf Council approves a new or expanded MHP district the applicant shall submit a site plan in accordance with section 105-400 of this chapter. The submitted site plan shall be approved bythe city priorto commencing development ofthe park. -- the roll call vote: all present - aye. ON MOTION MADE BY COMMIsSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 105, Zoning, Article lV Development Standards, Section 106-402.3. Table 1 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and University District be amended as follows: ARTICTE IV DEVELOPMENT SlANDARDS Sec. 105-402,3. - Buffer yards. (A) Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in Table 1. For each required buffer type, the developer of the site shall choose which option to install. Buffer yards shall be installed in the higher intensity zoning district. (B) (c) 8 Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, parking, and other similar areas. No use ofthe site may be extended beyond the required buffer yard. Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use of adjoining properties. Table I AdjoininS ZoninS AG RST RMT MIIf RI]DBT)TBT)IIBI)BCT)LM HM CUD PTID Site Zonin8 CateSory of Buffer Yard Required R,\17 tl tl R MHP B ti tl B B R B R R tl DBT)t]li tl B B B TBt)R F B ll B B HBD B F I}tl B tl B BCD tl It T B B u tl LM C C c c C C HM c C C c C C ct-'l)Br B+B]B+R+B+B+B1 R+B+tt] PUD Tlpe of Buffer Yard Option I Option 2 Six-foot screening Five-foot buffer yard, one row of evergreen shrubs u Eight-foot buffer yard, one row of small evergreen trees, one row of evergreen shrubs l5-foot buffer yard, one row of small evergreen trees C 1S-foot buffer yard, one row of large evergreen trees, one row of small eyergreen trees 25-foot buffer yard, one row of large everSreen trees + Buf{erirg and s€recnint within the cuf) shaU only bc rcqnircd fer industrial uoc type6, - the roll call vote: all present - aye. ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Zoning, Article lV Development Standards, Section 106-402.17.(AXB) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping be amended as follows: ARTICLE IV DEVETOPMENT STANDARDS Sec. 106402.17. - Maintenance of landscapinS. A. The owner, tenant and their agents, if any, shall be jointly and severely responsible for the maintenance of all provided landscaping required by this chapter, or under the terms of any other development approvals, or shown on an approved site plan. All landscaped areas shall be kept free from refuse and debris and in good condition so as to present a healthy, neat and orderly appearance. Failure to maintain such landscapinB shall be deemed a violation of th is chapter. B. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within 150 feet of all planted areas. Drip-type or similar automatic irrigation systems are €f,€o{r+ated. required for sites over 1 acre. C. All required or provided trees, shrubs, ground covers and other plant materials must be replaced duringthe firstopportune planting season if theydie or become unhealthy because of accidents, drainage problems, disease or other causes. D. ln the event that any required landscaping material shown on the plan is subsequently replaced, the new material shall generally conform to the oriBinal approved landscape plan, or an approved amended plan, with respect to size and characteristic5 ofthe plantings. ln applying this provision, the degree and manner in which the existing landscaping on the site has grown and matured shall be taken into consideration. E. Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted. -- the roll call votei all present - aye. There bein8 no further business to come before the Commission, the same on motioh adjourned at 7:11 p.m. 9 10 Executive Secretary Chair rEM # 3.t__ flx1l '1-2>lv AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, Article II DistrictRegulations, Section 106-213.2(B)(5), pertaining to automobile rental/leasing. BE IT ORDAINED BY THE COI.]NCIL OF THE CITY OF SALEM, VIRGINIA, thatSection 106-2r8.2(BX5), Article II, chapter 106, of the CoDE oF THE cirv oF SALEM,VIRGINIA, be amended, revised, and reoidained to read as follows: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS SECTION 106-218 LM-LIGHT MANUFACTURING DISTRICT. Sec. 106-218. - LM-Light manufacturing district. Sec. 106-218.1. - Statement of intent. The LM Light Manufacturing District is created to establish and preserve areas within the city that are suitable for business and light industrial uses. LM Light Manufacturing districts are the location of a significant portion of the city's employment base. The district allows a wide variety of industrial and warehouse uses and activities that occur primarily within enclosed structures, with minimal or no environmental impacts associated with smoke, odor, and noise. Sec. 106-218.2. - Permitted uses. (B) The following uses are permitted by special exception in the LM Light Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. l. Agricultural Use Types (None) 2. Residentiol Use Types (None) 3. Civic Use Types (None) 4. Office Use Types (None) 5. Commercial Use Types Athletic Instruction Services Automobile RentaUleasing 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 ATTEST: James E. Taliaferro, II Clerk of Council City of Salem, Virginia CITY OF SALEM PLANNING COMMISSION ITEM #s2-6 STAFF REPORT frepared by: Meeting Date: City Administrative Staff Juty 13; 2016 Report prepared: July 5, 2016 2. RE: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-218.2.(8)(5) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/kasing in LM Light Manufacturing Distict. 3. RE: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-220.2.(8)(5) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Automobile Rental/Leasing in HM Heavy Manufacturing District. 4, RE: Hold public hearing to amending Chapter 106, Article III Use & Design Standards, Section 106-304.9.(AX2) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to manufactured home parks. 5. RE: Hold public hearing to amending Chapter 106, Article IV Development Standards, Section 106-402.3.Table 1 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and University District. 6, RE: Hold public hearing to amending Chapter 106, Aticle [V Development Standards, Section 106-402.17.(AXB) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping. @: This request is to enact and amend Chapter 106, Article II District Regulations, Section 106-218.2.(8)(5) and Section 106-220.2.(8)(5) of the CODE OF THE CITY OF SALEM, VIRGIMA pertaining to Automobile Rental/l,easing in LM Light Manufacturing and in HM Heavy Manufacturing Districts; Article III Use & Design Standards, section 106-304.9.(AX2) of rhe CODE OF THE CITY OF SALEM, VIRGINIA pe(aining to manufactured home parks; Article IV Development Standards, Section 106-402.3.Table I of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to buffer yards in the Residential Business District and College and University DisEict; and Article IV Development Standards, Section 106- 402.17.(AXB) & (D) of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping. BB9SE!}-9ttlNE' Item# 2 Sec. 106-218. - LlVl-Light manufacturing district. Sec. 106-2lE.1. - Statement of intent, The IM Light Manufacturing District is created to establish and preserve arras within the city that are suitable for business and light industrial uses. LM Litht Manufacturing districts are the location of a significant portion of the city's employrnent base. The district allows a wide variety of industrial and Page 2 warehouse uses and activities that occur primarily within enclosed structures, with minimal or no environmental impacts associated with smoke, odor, and noise. &;c. 706-218.2. - Permitted uses. (B) The following uses are permitted by special exception in the LIVI Light Manufaictt;Lring District, subject to all other applicable requirements contained in this chapler. An asterisk (') indicates that the use is subject to additional, modified or more stringent standards as listed in Article lll, Use and Design Standards. l. AEriculwal Use Types (None) 2. Residential Use Tlps (None) 3. Ciuic Use Tlpes (None) 4. Office Use Qpes (None) 5. Commercial Use Tlpes Athletic Instruction Services Automobile Rental/ leasing 6. Indusbial Use Tlpes Asphalt Plant * Industry lype Il Landfill, Construction Debris Landfill, Rubble landfill, Sanitary Meat PackinS and Related Industries Railroad Facilities Resource Extraction Scrap and Salvage Services Ite;m#3 Sec, 706-220. - HM-Heavy manufacturing district. Sec. 106-220.1. - Statement of intent. The HM Heavy Manufacturing District is created to establish and preserve areas within the ciry that arc suitable for business and more intensive indusirial uses. The district allows a wide variety of intensive industrial and warehouse uses. Manufacturing activities and uses within the district occur primarily within enclosed structures, but uses have significant outdoor storage needs. Sec. 706-220,2. - Permitted uses. (B) Ttre following uses are permitted by special exception in the HM Heavy Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards, Page 3 1. Agricultutul Use Ilpes (None) 2. Residential Ure I)ps (None) 3, Ciuic U* Tlpes (None) 4. Office Ue \pcs (None) 5. hmmercial Ux Tlpes Athletic Instruction Services Automobile Rental/lrasing Recreational Vehicle Sales and Service * 6. Indusfiial Ux Tlpes Industry Type III Iandfi 11, Conskuction Debris Landfill, Rubble Landfill, Sanitary Resourlce Extraction Scrap and Salvage Services 7. Misellaneous Uc lfoes Aviation Facilities Tower * Item# 4 Sec. 1O6-304.9. - Manufactured home park. (A) Appoual hocess: 1. Manufactured home parks shall only be allowed in Manufactured Home Park Districts (MHP). requests for MHP disficts shall be considerid conditional rczoning r€quests and shall require an amindment to the official zoning map pursuant to the provisions of this chapter. Item # 5 Sec. 106-402.3. - Buffer yards. (A) Buffer yards containing specified screening and plantings shall be requircd between zoninS districtf o_f different intensities asihown in Table t. For eaih rcquired buffer type, the developer of the site shall choose which option to install. Buffer yards shall be installed in the higher intensity zoning district. G) Rcquired buffer yards shall be located such thst they provide a visual and physical barrier between abritting zoning-districts of diffcrcnt intcnsities and shall buffer and screen all exterior storage, serviccf rnefuser-nraintenance, repair, proccssing, salvage, parking, and other similar areas. No use of the site may be extended beyond thc requircd buffer yard. All Page 4 (C) Required buffer yards shall not be located on any portion of any existing or dedicatel public orprivate street or right-of-way, shall not obstruct ihi visibility of traffic circulation, and ihall not interfere with the use of adjoining properties. Tablc I Adjoining Zoning TBD HBDec insr 1ruu luHr RB Catetory of Buffcr Yard Requir€d BiB B B B B B B c c B+ BB BiB BiB BiB BiB clc clc B*]B* LM ruD Site ZoninS RMT MHP RB DBD 'ItsD HBD rcD Lilt HM CUD PI.JD B B B B B c Br B B B B A A B+ A A Br B B B B A B1 A A Br B+B+81 B B c c B B B B C c t Item # 6 W,. 106-102.17. - Maintenance of landraping. A. The owner, tenant and their atents, if any, shall be jointly and scvcrcly rcsponsible for the maintcnancc of atl provided landscaping rrquired by thii chapter, or unacr thc lcrms of any other dcvelopmcnt appro\ralq or ihown on an approved site plan. All landscapcd area.s shall be kept frcc from rcfusc and dcbrir and in good condition sois to prcseni a healthy, ne€t and or de/ry appeannce. Failure to maintain such landscaping shall be decmcd a violalion of this chapter. B. All landraped areas shall be provided with a readily available water supply with at least one outlet located within 1 50 feet of all planted areas. Drip-type or similar automatic irriSstion sFtems are en€ecra4cC, required for sites over 1 acrt. C. All required or provided trees, shrubs, ground covers and other plant materials must be replaced durint the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes. BCD HM CUD Page 5 In the.event lhat any required landscaping material shown on thc plan is subscquently rcplaced, the new material shall Scncrally confornt to the original approved landscapc plan, or an'appr6vcd amcndcd plan, with rcspect to siza, and chancleistics of the plantings. In applyirig this provision, ihe dcAree and nunnir in which the existing landscaping on the site has grown and'miturcd shill be taken into donsideration. E. Trees shall not be trimmed or topped so that advertisement signs may be visible. Tlees shall instead be allowed to grow and at the apprcpriate time, the crcwn may be lifted. nwr* bT pglE 1- rs-h AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, Alticle II DistTict Regulations, Section 106-220.2(BX5), pertaining to automobile rental/leasing. BE IT ORDAINED BY THE COLINCIL OF THE CITY OF SALEM, VIRGINIA, thAt Section 106-220.2(BX5), Article II, Chapter 106, of the CODE OF THE CITY OF SALEM, VIRGINIA, be amended, revised, and reordained to read as follows: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS SECTION 106-220 HM _ HEAVY MANUFACTURING DISTRICT. Sec. 106-220. - HM-Heavy manufacturing district. Sec. 106-220.1. - Statement of intent. The HM Heavy Manufacturing District is created to establish and preserve areas within the city that are suitable for business and more intensive industrial uses. The district allows a wide variety of intensive industrial and warehouse uses. Manufacturing activities and uses within the district occur primarily within enclosed structures, but uses have significant outdoor storage needs. Sec. 106-220.2. - Permitted uses. (B) The following uses are permitted by special exception in the HM Heavy Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 1. Agricultural Use Types (None) 2. Residential Use Types (None) 3. Civic Use Types (None) 4. Office Use Types (\lone) 5. Commercial Use Types Athletic Instruction Services Automobile RentaUleasing Recreational Vehicle Sales and Service * 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: Eflective: ls/ Mayor ATTEST: James E. Taliafeno, II Clerk of Council City of Salem, Virginia fiEM# q DATE'1-5-lb AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, Article III Use & Design Standards, Section 106-304 pertaining to manufactured home parks. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt Section 106-304, Article III, Chapter 106, of the CODE OF THE CITY OF SALEM, VIRGINIA, be amended, revised, and reordained to read as follows: CHAPTER 106 ARTICLE III USE & DESIGN STANDARDS SECTION 106-304 MANUFACTURED HOME PARKS Sec. 106-304.9. - Manufactured home parks. (A) Approval Process: 1) Manufactured home parks shall only be allowed in Manufactured Home Park Districts (MHP). 2) Aoplieants wishiru ro d is+ing is elapter. All requests for MHP districts shall be considered conditional rezoning requests and shall require an amendment to the official zoning map pursuant to the provisions of this chapter. 3) IfCouncil approves a new or expanded MHP district the applicant shall submit a site plan in accordance with section 106-400 of this chapter. The submitted site plan shall be approved by the city prior to commencing development of the park. All ordinances or parts of ordinances in conflict with the provisions ofthis 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: /c / Mayor ATTEST: James E. Taliafeno, II Clerk of Council City of Salem, Virginia ITEM DATE AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHA,TER 106, Article IVDevelopment Standards, Section 106_402 p..tuiniog to Uufi", y*a.. BE IT ORDAINED BY THE C.LTNCIL oF THE CITY oF SALEM, VIRGINIA, thatSection 106-402, Table 1, chapter 106, of the code of the city of Salem, virginia, te-amenaea,revised, and reordained to read as follows: #_bv-_ 1-ZS-lr" CHAPTER 106 ARTICLE IV DEVELOPMENT STANDARDS SECTION 106-402 BUT'FER YARDS Sec. 106-402.3. - Buffer yards. (A) (B) Buffer yards containing specified screening and plantings shall be required between zoning districts of different intensities as shown in Tabli 1. For each iequired buffer type, the developer of the site shall choose which option to install. Buffei yards shall be installed in the higher intensity zoning district. Required buffer yards shall be located such that they provide a visual and physical barrier between abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service, refuse, maintenance, repair, processing, salvage, parking, and other similar areas. No use of the site may be extended beyond the required buffer yard. (C) Required buffer yards shall not be located on any portion of any existing or dedicated public or private street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with the use ofadjoining propenies. Table 1 Adjoining ZoninS; AG RST R,VI}'MHP RI}I)BI)TBT)tIBD BCT)Lt\'I HM CUD PUD Site Zoning Cate8ory of Buffer Yard Required RMT B R B MHf ti R B ll I]B RB B lj B Ii T')BT)R B ll F B B TBT)I]tl R B B l] IIBI)B tt I]tl B R I BCf)tl n tl ll B ll B I-VI C c C c C C HM C C C c C C cuf)B+Bl R+BL B+B1 B+B+B+B+B+ Pl't) Type of Buffer Yard Option 1 Option 2 A Six-foot screening Five-foot buffer yard, one row of evergreen shrubs B Eight-foot buffer yard, one row of small evergreen trees, one row of evergreen shrubs 15-foot buffer yard, one row of small evergreen trees C 15-foot buffer yard, one row of large evergreen trees, one row of small evergreen trees 25-foot buffer yard, one row of large evergreen trees I llulferint lind 5€'rcenins within th€ Ct'Ir shal] eniy be required {€r lndustrial H$€ typ€t;, (D) Required buffer yards, including screening and plantings shall be in place at the time of any occupancy or use of the property. Required plantings may be installed at the beginning of the first opportune planting season after any occupancy or use ofthe property. (E) The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or vehicular access driveways to the prope(y, passive recreation areas, or pedestriar or bicycle trails, which can be accommodated in a manner that preserve the intended screening function between abutting zoning districts of different intensities. In no case shall any portion ofa required buffer yard be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended buffer function. (F) The property owner or lessee shall have the responsibility to continuously maintain the required buffer yards, screening and plantings such that they continue to meet the specified standards and intenl of this section. All materials shall present an attractive appearance and be of durable construction. 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 ATTEST: James E. Taliaferro. II Clerk of Council City of Salem, Virginia IIEM* bL DATE -1-25-lta AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, Article IV Development Standards, Section 106-402 pertaining to the maintenance of landscaping. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt Section 106-402, Chapter 106, ofthe CODE OF THE CITY OF SALEM, VIRGINIA, be amended, revised, and reordained to read as follows: CHAPTER 106 ARTICLE IV DEVELOPMENT STANDARDS SECTION 106-402 MAINTENANCE OF LANDSCAPING Sec. 106-402.17. - Maintenance of landscaping. A. The owner, tenant and their agents, if any, shall be jointly and severelyresponsible for the maintenance of all provided landscaping required by this chapter, oi under the terms of any other development approvals, or shown on an approved site plan. All landscaped areas shall be kept free from ref use and debris and ingood condition so as to present a healthy, neat and orderly appearance. Failure to maintain such landscaping shall be deemed a violation of this chapter. B. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within 150 feet of all planted areas. Drip-type or similar automatic irrigation systems are ereeuraged required for sites over one acre. C. All required or provided trees, shrubs, ground covers and other plant materials must be replaced during the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes. D. In the event that any required landscaping material shown on the plan is subsequently replaced, the new material shall generally conform to the original approved landscape plan, or an approved amended plan, with respect to size and characteristics of the plantings. In applying this provision, the degree and manner in which the existing landscaping on the site has grown and matured shall be taken into consideration. E. Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted. 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: lsl Mayor ATTEST: James E. Taliafeno, II Clerk of Council City of Salem, Virginia nH,ll+-4- DATE THIS CONTRACT AND AGREEMENT, made and entered into this lst day of July, 2016, by and between the CITY OF SALEM, VIRGINIA, a municipal corporation, hereinafter referred to as "City", party of the hrst part, and the SALEM HOST LIONS CLUB, an affrliate of Lions International, Salem, Virgini4 hereinafter referred to as "Club", party ofthe second part. :WITNESSETH: THAT, WHEREAS, the City owns and operates a football and athletic stadium, known as Salem Stadium, on certain property owned by the City of Salem, Virginia; and WHEREAS, regularly scheduled events and athactions are to be held at said stadium from time to time; and WHEREAS, the Club is desirous of contracting with the City for what is commonly referred to and known as the "concession rights" to be exercised in connection with any event or attraction in said stadium; and WHEREAS, the parties hereto have come to a mutual understanding in the matter of the granting and exercising of such concession rights. NOW, THEREFORE, in consideration of the premises and the mutual undertakings to be performed hereunder, the parties hereto agree as follows: (l) Exclusive Concession Rights: The City hereby grants unto the Club exclusive concession rights in connection with Salem High School varsity and junior varsity football g{unes, Andrew Lewis Middle School football games and Salem Parks and Recreation sponsored games. Notrvithstanding the foregoing, however, the City reserves the right to license up to three additional concessionaires (in addition to Salem Catering) for such events and charge fees as payment for the concessionaire use of the stadium. The City shall donate half (50%) of such additional concessionaires' payments to the Club. The Club shall have exclusive rights to sell popcom, hotdogs, chili dogs, pretzels, chicken tenders and hot chocolate at games and events, if these items are available. If these items are not available then the City may license other concessionaires to provide the items. Other exclusive menu items maybe added (or removed) by mutual consent of the City and Club. (2) Non-Exclusive Concession Rishts: The Club shall operate the concession stands at all other events not listed in Paragraph (l). The City reserves the right to license other concessionaires at such events, {00033000-1 } including but not limited to Virginia High School League playoffs that do not include Salem High School at the event, NCAA games, concerts and other events sponsored by the City or others. The City shall retain all payments by the outside concessionaires. At these events, the Club shall have exclusive rights to sell popcom, hotdogs, chili dogs, pretzels, chicken tenders and hot chocolate. If these items are not available then the City may license other concessionaires to provide the items. Other exclusive menu items maybe added (or removed) by mutual consent of the City and Club. (3) Pourins Rishts: The Club shall comply with, conform to, and use the Salem City Civic Center pouring rights contract for all carbonated beverages sold in the concession stands. This requirement may be waived for specific individual events with the written mutual consent of the City and Club. (4) Term: This agreement shall begin effective July l, 2016, and shall terminate on June 30,2021. (5) Equioment: The Club shall maintain, repair and, when necessary, replace the equipment in sufficient capacity to operate the two concession stands at said stadium and will provide a varied menu of wholesome food and drinks at reasonable prices. The Club will retain ownership interest in all equipment not attached to the real estate. (6) Utilities: The Club shall fumish at its expense such gas or other like fuel as may be used by it in connection with the operation of said concession; bu! however, it being understood and agreed that said City is to furnish the said Club a reasonable amount of water, sewer service and electricity as may be needed by said Club in connection with the exercise of its rights hereunder. (7) Renovations: The Club will not make any changes in or about the grounds or erect any counters, tables or serving devices unless it first obtains from the City Manager written permission so to do. (8) Club Responsibilities: The Club agrees that no drinks or food shall be served in any glass containers on the premises and, in this connection, the said Club binds itself to, at all times, have upon the premises, while said concession rights are being exercised, a reliable and competent person or persons who shall be in charge of the said concession facilities and be responsible for their proper management. (9) Ooerations: The Club agrees that it will operate said concession rights in a clean and sanitary manner and that it will be responsible for keeping its concession facilities, and the area or space immediately surrounding the same, free from the usual trash and debris that might otherwise accumulate. {00033000-1 } ( 1 0) Licenses and Taxes: The said Club is to apply for and obtain at its own proper charge and cost, any required merchant's or restaurant license, or licenses, and shall pay taxes on prepared food and beverages in accordance with the ordinances of the City. The parties hereto agree that 650/o of all gross revenues of the Club shall constitute sales subject to tax on prepared food and beverages. (11) Payments for Concession Rishts: For the privilege of operating said concession rights, the Club agrees to pay (a) 20Yo of its net profits from its operations, and (b) 20Yo of all sums paid to the Club by the City as provided in Paragraph (l) to the Salem School Board for deposit in the Activity Funds at Salem High School and Andrew Lewis Middle School (17.5% to Salem High School and 2.5Yo to Andrew Lewis Middle School). Payments to said fund shall be made annually on or before April 30fi of each year, and, in this regard, the Club agrees to keep active records, which said records shall be, at all reasonable times, open to examination by said City, its officials or accountants, and said Club further agrees that it will promptly furnish the City interim monthly statements and a complete final statement (on or before .February I of each year) of its net prohts for the preceding year and any additional or fi.rther information concerning its sales, should said City determine it will be proper or pertinen! under the circumstances to call for such additional information. Additionally, the Club hereby agrees to donate l00o/o of the net profits (less any Payment for Concession Rights) of the Band Festival to the Salem High School Band annually. For the purposes of this Agreement, the term "Net Profits" shall be deemed to be gross receipts of the Club less taxes, costs of purchase of food, beverages, operational items, subcontractor labor costs, and the repair and purchase ofequipment. (12) Indemnification: The Club agrees to indemniff and save harmless the City from any liability, damage, loss, expenses, or costs which the City may hereafter incur, suffer, or be required to pay, by reason ofany act or thing done by the Club, or any person, firm or corporation acting for or on behalfofthe Club, arising out of the exercise by the Club of its rights hereunder. The Club will maintain property and liability insurance in an amount approved by the City to insure its property and activities herein described. A certificate of insurance, satisfactory to the City, will be provided by the Club to the City on or before July I of each year hereunder. {ooo330oo-1 } (13) Default: lf the Club shall default in the performance of any of its covenants or obligations herein contained, the City may immediately terminate the agreement and all rights granted hereunder. ( l4) Assisnment Prohibitions: It is understood and agreed between the parties hereto that this contract is personal in its nature, and the Club shall not have the right to transfer this contract or any rights hereunder, except by and with the written consent of the City. WITNESS the following signatures and seals: CITY OF SALEM, VIRGINIA: Byron R. Foley, Mayor ATTEST: Clerk of Council SALEM LIONS CLUB: President By: ITEM #6N p6E l-z-s-ttp IN THE COLINCIL OF THE CITY OF SALEM, VIRGINIA, Jrily 25,2016: RESOLUTION 13OI A RESOLUTION authorizing the proper city officials to execute a Service Agreem_ent (the "service Agreement") among the City of Roinoke and the City of Salem, Virginia (the "Cities"), Roanoke County, Virginia (the "County"), the Roanoke Valley Broadband Authority (the "RVBA"), and the Virginia Resources Authority ("VRA";, and a First Amendment to Support Agreement the "First Amendment") among the Cities, the RVBA and VRA, subject to certain terms and conditions; and authorizing the City Manager to take certain other actions in connection with the Service Agreement and the First Amendment. RECITALS. WHEREAS, heretofore, the City of Roanoke and the City of Salem, Virginia (the "Cities"), the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement") pursuant to which the Cities entered into non-binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "series 2015 Local Bond") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement") to finance the design, engineering and construction of an approximately 47-mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Original Project"); and, WHEREAS, RVBA has determined that, as allowed by Section 15.2-5431.1 1 of the Code of Virginia, 1950, as amended, it is in its best interest to design, construct and operate an approximately 25-mile extension to the Original Project (the "Roanoke County Extension," and, with the Original Project, the "Project") to be located mostly in the County and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated June 17, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements"); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution of an agreement providing for a non-binding obligation of the County to consider certain appropriations in support of the Series 2016 Local Bond and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement") to be executed and delivered to VRA by the County; and, WHEREAS, the Cities, VRA and the County have considered in the Service Agreement that the County's obligation under the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2076Local Bond and (2) one-third (1/3rd) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, and that the Cities' respective obligations under the 2015 Support Agreement, as amended by an amendment to the 2015 Support Agreement (the "First Amendment"), will each be limited to (1) one-half (ll2) of the debt service on the Series 2075Local Bond and (2) one-third (1/3rd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the form of which Service Agreement has been presented to this meeting. THEREFORE, BE IT RESOLVED BY THE COLTNCIL OF THE CITY OF SALEM: 1. City Council has determined it is in the best interests ofthe City of Salem and its citizens for the City of Salem to enter into the Service Agreement and the First Amendment to reflect that the non-binding obligations described in the above recitals will apply to the Series 2015 Local Bond and the Financing Agreements to reflect the issuance and sale ofthe Series 2016 Local Bond and the financing of the Roanoke County Extension. 2. The Mayor or City Manager, either of whom may act, are each hereby authorized to execute and deliver to the other parties thereto the Service Agreement and First Amendment substantially similar to the above mentioned Service Agreement and First Amendment, which documents are dated as of August '1, 2016, and City Council further approves such Service Agreement and First Amendment, with such completions, omissions, insertions or changes, not inconsistent with this resolution, as may be approved by the Mayor or City Manager. The execution of the Service Agreement and First Amendment by the Mayor or City Manager will be evidence ofhis approval of such completions, omissions, insertions or changes. The form ofany such Service Agreement and First Amendment shall be approved as to form by the City Attomey. 3. As provided in the 2015 Support Agreement, as amended by the First Amendment (the "Support Agreement"), City Council authorizes the City Manager to make a request to City Council to appropriate to or on behalf of the RVBA such amounts as may be requested from time to time pursuant to the Support Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia and the Charter of the City of Salem. City Council, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise during the term ofthe Support Agreement. 4. City Council acknowledges that VRA considers the Support Agreement as a "local obligation" pursuant to Section 62.1-216.1 of the Virginia Code. Inthe event ofthe failure ofthe City of Salem to make a payment under the Support Agreement, VRA has the dght, and is obligated under the Indenture (as defined in the Financing Agreement) to institute the "state-aid intercept" process set forth in Section 62.l-2l6.l of the Virginia Code under which the Govemor could cause the Comptroller to withhold all further payment to the City of Salem of funds appropriated and payable by the Commonwealth to the City of Salem until the unpaid sum is obtained; provided, however, that in the event VRA determines to institute the "state-aid intercept" process, and so long as there are adequate amounts in the Local Debt Service Reserve Fund (as such term is defined in the Financing Agreement) to cover any Local Bond debt service payment then due and payable and due and payable in the following sixty (60) days, it will give the City of Salem sixty (60) days' written notice before instituting the "state-aid intercept" process. If the Local Debt Service Reserve Fund is not sufficient for such purpose, then VRA may institute the "state-aid intercept" process without such notice. The funds so withheld would be directed to VRA to cure the nonpayment. 5. Nothing herein contained is or shall be deemed to be a pledge or a lending ofthe credit ofthe City of Salem to RVBA, VRA or to any holder ofthe Series 2015 Local Bond or the Series 2016 Local Bond or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge ofthe faith and credit or the taxing power ofthe City of Salem, nor shall any'thing herein contained legally bind or obligate the City Council ofSalem to appropriate funds for the purposes described or mentioned in the Support Agreement. 2 6. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and enforce such Support Agreement, with any such documents to be approved as to form by the City Attorney. 7. This resolution shall take effect immediately upon its adoption. 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 - ATTEST: James E. Taliaferro, II Clerk of Council City of Salem, Virginia 3 SERVICE AGREEMENT RELATING TO SUPPORT AGREEMENTS FOR THE ROANOKE VALLEY BROADBAND AUTHORITY THIS SERVICE AGREEMENT is made as of August 1,2016, among the CITY OF ROANOKE, VIRGINIA (the "City of Roanoke"), the CITY OF SALEM, VIRGINIA (the "City of Salem," and, with the City of Roanoke, the "Cities"), ROANOKE COUNTY' VIRGINIA ("Roanoke County"), the ROANOKE VALLEY BROADBAI{D AUTHORITY (the "RVBA"), and the VIRGINIA RESOURCES AUTHORITY (.'VRA'), as purchaser of the 2015 and the 2016 Local Bonds, as hereinafter defined, pursuant to the Financing Agreements, as hereinafter defined. RECITALS: WHEREAS, heretofore, the Cities, the RVBA and VRA executed a Support Agreement dated as of April 10, 2015 (the "2015 Support Agreement") pursuant to which the Cities entered into non-binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond") issued by the RVBA and sold to VRA pursuant to the terms ofa Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement") to finance the design, engineering and construction of an approximately 47-mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project"); and, WHEREAS, RVBA has determined that, as allowed by Section 15.2-5431.11 of the Code of Virginia, 1950 as amended, it is in its best interest to design, construct and operate an approximately 25-mile extension to the Project (the "Roanoke County Extension") to be located mostly in Roanoke County, Virginia and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond") to be sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated June 17, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements"); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution ofan agreement providing for a non-binding obligation of Roanoke County, Virginia to consider certain appropriations in support of the Series 2016 Local Bond, the Roanoke County Extension and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement," and, with the 2015 Support Agreement, the "Suppo( Agreements") to be executed and delivered to VRA by Roanoke County; and, WHEREAS, the Cities and Roanoke County have agreed to allocate among themselves their respective obligations under the Support Agreements so that Roanoke County's obligations will be limited to (1) the amount ofthe debt service on the Series 2016 Local Bond and (2) one- third (1/3'd) of the operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements, *d thut the City of Roanoke and City of Salem's respective obligations will each be limited to (1) one-half (1/i) of the debt service on the Series 2015 Local Bond and (2) one+hird (1/3'd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements. For purposes of establishing Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the Revenues generated from both the Project and the Roanoke County Extension will be combined and applied to all of the Operation and Maintenance Expenses and other payments due and owing under the 2015 and 2016 Financing Agreements. NOW, THEREFOR-E, for and in consideration of the foregoing recitals, which are incorporated herein, and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. The 2015 Support Agreement will be amended by execution and delivery of that certain First Amendment to Support Agreement for the Roanoke Valley Broadband Authority (the "First Amendment to 2015 Support Agreement") in the form of Exhibit A attached hereto. 2. Roanoke County will execute and deliver to VRA the Roanoke County Support Agreement in the form attached hereto as Exhibit B. 3. VRA agrees to accept the First Amendment to 2015 Support Agreement and the Roanoke County Support Agreement as sufficient for the purposes of maintaining the 2015 Local Bond and underwriting the 2016 Local Bond. 4. This Agreement shall continue to be binding on the Cities, Roanoke County and the RVBA after the 2015 Local Bond and the 2016 Local Bond are paid off. SIGNATURES APPEAR ON FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names by their authorized representatives as of the date first above written. CIry OF ROANOKE, VIRGINIA APPROVED AS TO FORM By: Sherman P. Lea Sr., Mayor CITY OF SALEM, VIRGINIA Roanoke City Attomey APPROVED AS TO FORM By: Byron R. Foley, Mayor ROANOKE COT]NTY, VIRGINIA Salem City Auomey APPROVED AS TO FORM By: Chair, Board of Supervisors Roanoke County Attomey ROANOKE VALLEY BROADBAND AUTHOzuTY APPROVED AS TO FORM By: Kevin S. Boggess, Chair Counsel for Roanoke Valley Broadband Authority Virginia Resources Authority is executing this Service Agreement for the purpose of agreeing to paragraph 3 only. VIRGINIA RESOURCES AUTHORITY Stephanie L. Hamlett, Executive Director [SIGNATURE PAGE TO SERVICE AGREEMENT RELATING TO SUPPORT AGREEMENTS FOR THE ROANOKE VALLEY BROADBAND AUTHORITYJ By: 3 Exhibit A [Form of First Amendment to 2015 Support Agreement] 4 Exhibit B [Form of Roanoke County Support Agreement] 5 FIRST AMENDMENT TO SUPPORT AGREEMENT FORTHE ROANOKE VALLEY BROADBAND AUTHORITY THIS FIRST AMENDMENT TO SUPPORT AGREEMENT is made as of August 1, 2016, among the CITY OF ROANOKE, VIRGINIA (the "City of Roanoke"), the CITY OF SALEM, VIRGINIA (the "City of Salem," and, with the City of Roanoke, the "Cities"), the ROANOKE VALLEY BROADBAND AUTHORITY (thE ..RVBA,,), ANd thE VIRGINIA RESOURCES AUTHORITY ('VRA'), as purchaser of the 2015 and the 2016 Local Bonds, as hereinafter defined, pursuant to the Financing Agreements, as hereinafter defined. RECITALS: WHEREAS, heretofore, the Cities, the RVBA and VRA executed a Suppott Agreement dated as of April 10, 2015 (he "2015 Support Agreement") pursuant to which the Cities entered into non-binding obligations to consider certain appropriations in support of the RVBA's revenue bond in the original principal amount of $5,780,000 (the "Series 2015 Local Bond") issued by the RVBA and sold to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 10, 2015 between the RVBA and VRA (the "2015 Financing Agreement") (the term "series 2015 Local Bond" being the same as the term "Local Bond" as defined in the 2015 Financing Agreement) to finance the design, engineering and construction of an approximately 47-mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area,, including related landscaping, infrastructure and issuance costs (the "Project"); and, WHEREAS, RVBA has determined that, as allowed by Section 15.2-5431.11 of the Code of Virginia, 1950, as amended, it is in its best interest to design, construct and operate an approximately 25-mile extension to the Project (the "Roanoke County Extension") to be located mostly in Roanoke County, Virginia and to issue its revenue bond in the original principal amount of $3,000,000 plus amounts for a required Local Debt Service Reserve Fund, administrative costs and costs of issuance (the "Series 2016 Local Bond") to be sold to VRA pursuant to the terms ofa Local Bond Sale and Financing Agreement dated as of August 1,2016 between the RVBA and VRA (the "2016 Financing Agreement" and, with the 2015 Financing Agreement, the "Financing Agreements"); and, WHEREAS, the Board of Supervisors of Roanoke County, Virginia, adopted on July 19, 2016 a resolution authorizing, among other things, the execution ofan agreement providing for a non-binding obligation of Roanoke County, Virginia to consider certain appropriations in support of the Series 2016 Local Bond, the Roanoke County Extension and the Project to be memorialized in a support agreement (the "Roanoke County Support Agreement") to be executed and delivered to VRA by Roanoke County; and, WHEREAS, the Cities, VRA and Roanoke County, Virginia have agreed that Roanoke County's obligation under the Roanoke County Support Agreement will be limited to (1) the amount of the debt service on the Series 2016 Local Bond and (2) one-third (1/3'd) of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing by the RVBA under the Financing Agreements (other than debt service under the 2015 Financing Agreement and the Series Local 2015 Bond), and that the city of Roanoke's and the City of Salem's respective obligations under the 2015 Support Agreement will each be limited to (1) one-half (1/2) of the debt service on the Series 2015 Local Bond and (2) one-third (1/3'd) of the Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements (other than debt service under the 2016 Financing Agreement and the Series 2016 Local Bond). NOW, THEREFORE, for and in consideration of the foregoing recitals, which are incorporated herein, and of the mutual covenants herein set forth, the parties hereto aglee to amend the 2015 Support Agreement as follows: 1. Section 3 of the 2015 Support Agreement shall be deleted and the following Section 3 shall be substituted: 3. No later than March 1 of each year, beginning March 1, 2016, RVBA shall (1) provide Salem and Roanoke with the balance in the Local Debt Service Reserve Fund (as such term is defined in the Financing Agreement) and (2) notify each of the City Councils of the amount by which the RVBA reasonably expects to need to fund its (i) debt service obligations under the Financing Agreement (hereinafter the "2015 Financing Agreement") and the Local Bond (hereinafter sometimes the "Series 2015 Local Bond"), (ii) Operation and Maintenance Expenses, and (iii) other payments due and owing by RVBA under the 2015 Financing Agreement and the Local Bond Sale and Financing Agreement dated as of August 1, 2016 between the RVBA and VRA (the "2016 Financing Agreement" and the bond issued pursuant thereto is referred to as the "Series 2016 Local Bond") (the 2015 Financing Agreement and the 2016 Financing Agreement are collectively referred to as the "Financing Agreements"), excluding debt service under the 2016 Financing Agreement and the Series 2016 Local Bond, in full as and when due during each of the Cities' fiscal years beginning the following July 1. For purposes of establishing Operation and Maintenance Expenses and other payments due and owing by the RVBA under the Financing Agreements, the Revenues generated from both the Project and the Roanoke County Extension will be combined and applied to all of the Operation and Maintenance Expenses (as defined in the Financing Agreements) and other payments due and owing under the Financing Agreements. 2. Section 4 of the 2015 Support Agreement shall be deleted and the following Section 4 shall be substituted: 4. The City Manager for the City of Roanoke (the "Roanoke City Manager") and the City Manager for the City of Salem (the "Salem City Manager," and, with the Roanoke City Manager, the "City Managers") shall each include (1) one-half (1/2) of the debt service under the 2015 Financing Agteement and the Series 2015 Local Bond and (2) one-third (l/3'd) of the Operation and Maintenance Expenses and (3) one-third (1/3'1 of other payments due and owing by RVBA under the Financing Agreements, excluding the debt service under the 2016 Financing Agreement and the Series 2016 Local Bond (the "Cities Deficiency Amount," which is the same as the term "Deficiency Amount" used in Sections 5 and 6 of the 2015 Support Agreement) in the budgets submitted to the City Councils for the following fiscal year as an amount to be budgeted to or on behalf of RVBA. Each of the City Managers shall deliver to VRA within ten (10) days after the adoption of the Cities' budgets for each fiscal year, but not later than July 15 of each calendar year, starting with the 2017 calendar year, a certificate stating whether each of the City Councils has budgeted to or on behalf of RVBA an amount equal to the Cities Deficiency Amount. 3. Section 8 of the 2015 Support Agreement shall be deleted and the following Section 8 shall be substituted: Section 8. It is acknowledged that (i) the Series 2015 Local Bond or portion thereof may be payable from amounts derived pursuant to this Agreement, (ii) VRA would not puchase the Series 2015 Local Bond without the non-binding obligation enhancement provided by the Cities pursuant to this Agreement, and (iii) VRA considers this Agreement as a "local obligation" pursuant to Section 62.1-216.1 of the Code of Virginia. In the event of the failure of either of the Cities to pay its respective Cities Deficiency Amount to the RVBA under this Agreement, VRA has the right, and is obligated under the Indenture (as defined in the 2015 Financing Agreement) to institute the "state-aid intercept" process set fo(h in Section 62.1-216.1 of the Code of Virginia under which the Govemor could cause the Comptroller to withhold all further payment to the City that failed to pay its respective Cities Deficiency Amount of funds appropriated and payable by the Commonwealth to such City until the unpaid sum is obtained. The funds so withheld will be directed to VRA to cwe the nonpayment. So long as there are adequate amounts in the Local Debt Service Reserve Fund (as defined in the 2015 Financing Agreement) to cover any Series 2015 Local Bond debt service payment then due and payable and due and payable in the following sixty (60) days, VRA will give the affected City sixty (60) days' notice before instituting the "state-aid intercept" process. If the Local Debt Service Reserve Fund balance is not sufficient for such purpose, then VRA may institute the "state-aid intercept" process without such notice. Notwithstanding anything in this Agreement or elsewhere, it is fuither agreed by the parties that in no event shall either the City of Roanoke or the City of Salem be responsible for requesting the appropriation of funds for any amount greater than its respective Cities Deficiency Amount or for any appropriation request. 4. No other revisions to the 2015 Support Agreement are being made and the 2015 Support Agreement is ratified and confirmed. [SIGNATURES APPEAR ON FOLLOWING PAGEJ 4 By: IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names by their authorized representatives as of the date first above written. CIry OF ROANOKE, VIRGINIA APPROVED AS TO FORM Sherman P. Lea, Sr. Mayor Roanoke City Attomey CITY OF SALEM, VIRGINIA APPROVED AS TO FORM Byron R. Foley, Mayor Salem City Attomey ROANOKE VALLEY BROADBAND AUTHORITY APPROVED AS TO FORM By: Kevin S. Boggess, Chair Counsel for Roanoke Valley Broadband Authority VIRGINIA RESOURCES AUTHORITY Stephanie L. Hamlett, Executive Director Appropriation and funds for this Agreement are subject to future appropriations. Roanoke City Director of Finance Date Account Number ISIGNATURE PAGE TO ROANOKE VALLEY BROADBAND SUPPORT AGREEMENTJ By: By: 5 rEM#-60-_ DAIE .t -rS_l{a ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITYOF SALEM. VIRGINIA HELD AT CIry HALL MEETING DATE: July 25, 2016 AGENDA ITEM: Requestto carryoverfund balancefor Fire Department Kitchen Renovation SUBMITTED BY: Rosemarie B. Jordan Director of Finance SUMMARY OF INFORMATION: In lVlarch 2016, $65,000 was appropriated for kitchen renovations at Fire Stations 2 and 3. City staff in Building Maintenance and the Fire Department are handling most of the renovation work as this is more cost effective. Renovations at Station 2 have been substantially completed. However, slaffwas unabletofinish Station 3 renovations priorto June 30, 2016 and requests that funds be appropriated from fund balance so renovations can be completed in FY2O17 . FISCAL IMPACT: Carryover funding of $30,000 to cover the cost of renovations for Station 3. STAFF RECOMMENDATION: Staff recommends appropriating $30,000 from fund balance to account 10-032-3210- 58009, Building lmprovements for the purposes state above.