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HomeMy WebLinkAbout6/27/2016 - City Council - Minutes - Regular UNAPPROVED MINUTES CITY COUNCIL WORK SESSION June 27, 2016 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, 114 North Broad Street, Salem, Virginia, on June 27, 2016, at 6:30 p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and James L. Chisom; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; Rosemarie B. Jordan, Director of Finance, Mike Crawley, Chief of Police, Derek Weeks, Deputy Chief of Police; and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, Chief Crawley discussed the police department’s goal to become Nationally Accredited and gave an overview of the DUI Taskforce Grant, and also discussed the upcoming change being presented to Council regarding the City Code in reference to law enforcement officers using bikes, mopeds and all-terrain vehicles during the course of their duties; and WHEREAS, Melinda Payne gave an update on Economic Development; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Counci l Meeting MINUTES Monday, June 27, 2016, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order A regular meeting of the Council of the City of Salem, Virginia was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, John C. Givens, Vice-Mayor, Councilmembers: Jane W. Johnson, William D. Jones, and James L. Chisom; along with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Rosemarie B. Jordan, Director of Finance; Charles E. Van Allmann, Jr., City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider acceptance of minutes of the June 13, 2016 Work Session and regular meetings of Salem City Council. 5.Old Business A.Admissions Tax Consider and adopt an ordinance on second reading imposing an admissions tax on certain events within the City of Salem, by amending the admissions tax definitions and rate. (Passed on first reading at June 13, 2016 meeting) Jane Johnson motioned to adopt an ordinance on second reading imposing an admissions tax on certain events within the City of Salem, by amending the admissions tax definitions and rate. Vice-Mayor John Givens seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones B.Water Rates Consider ordinance on second reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for fiscal years 2017 - 2021. (Passed on first reading at June 13, 2016 meeting.) Vice-Mayor John Givens motioned to adopt ordinance on second reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for fiscal years 2017 - 2021. (Passed on first reading at June 13, 2016 meeting.). William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones C.Sewer Rates Consider Ordinance on second reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I, and Chapter 90 , Article IV, Division IV, Section 90- 322, Subdivison II, of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal years 2017 - 2021. (Passed on first reading at June 13, 2016 meeting.) William Jones motioned to adopt ordinance on second reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I, and Chapter 90, Article IV, Division IV, Section 90-322, Subdivison II, of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal years 2017 - 2021. (Passed on first reading at June 13, 2016 meeting.). Jim Chisom seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones D.Vacation of Right of Way Receive report of viewers and consider Ordinance on first reading permanently vacating two portions of Peery Drive with the right-of-way on the northern and southern sides at Thompson Memorial Drive, containing less than 0.1 acre, adjacent to "John's Bridge," in the City of Salem. (Viewers appointed at June 13, 2016 meeting) (AMENDED) Mr. Taliaferro stated the viewers met last week and reviewed the vacation request and recommended approval. The vacation is for two portions of the Peery Drive right-of-way that would encompass the parapet walls on John's Bridge leading up to Roanoke College. The Ordinance has five conditions that staff and legal counsel recommend. It is also recommended should Council approve the vacation, that the City would retain an easement for utilities. The signage is to be in conformance with the plans Roanoke College has presented and Roanoke College is to maintain the parapet walls and the sign. The City would retain an easement on the parapet walls allowing the City to make any necessary repairs. Mr. Taliaferro asked Counsel for questions. Vice-Mayor Givens asked if the City had to make any repairs due to Roanoke College not maintaining the sign or parapet walls, would the college be responsible for the costs associated with the repair. Mr. Taliaferro stated, the recommendation is that the maintenance agreement state Roanoke College would be financially responsible for any maintenance and repairs to the parapet walls. Mr. Jones asked if the last design that Coucill received be the design the college would use for the project. The answer was yes. Jim Chisom motioned Receive report of viewers and pass the Ordinance on first reading permanently vacating two portions of Peery Drive with the right-of-way on the northern and southern sides at Thompson Memorial Drive, containing less than 0.1 acre, adjacent to "John's Bridge," in the City of Salem. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones E.Vacation of Right of Way Consider Ordinance on second reading permanently vacating an undedicated right of way located on the South side of Rose Lane approximately 340' to North Stonewall Street, bounded on the East by the City of Salem. (Passed at June 13, 2016 meeting) (AMENDED) Vice-Mayor John Givens motioned to pass the Ordinance on second reading permanently vacating an undedicated right of way located on the South side of Rose Lane approximately 340' to North Stonewall Street, bounded on the East by the City of Salem. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones 6.New Business A.Amendment to the Zoning Ordinance Hold a public hearing and consider Ordinance on first reading, the request of Judah Land, LLC, contract purchaser, and General Electric Company, property owner, for the rezoning of eight parcels located in the 1500 block of Boulevard-Roanoke (Tax Map #'s 221-3-8, 9, 10, 11, 12, 13 and 14, and 222-1-1) from RBD Residential Business District to HDB Highway Business District. Advertised in the June 2 and 9, 2016 issues of the Salem Times Register. Recommend approval with the voluntarily proffered conditions; see Page 1 Planning Commission minutes.) STAFF REPORT Mr. Tripp, the City Planner stated the property is for rezoning of eight parcels located in the 1500 block of Boulevard-Roanoke (Tax Map #'s 221-3-8, 9, 10, 11, 12, 13 and 14, and 222-1-1) from RBD Residential Business District to HDB Highway Business District with proffered conditions. These conditions are: 1) a type B or better buffer yard be installed between Tax Map 222-1-2.1 and 222-2- 2.2, which are the two houses behind Salem Montessori School and 2) to limit the use of the property to assisted care residence, life care facility and nursing home only. The Planning Commission, at its June meeting has recommended approval with these conditions. Mayor Foley opened up the public hearing. and asked each speaker to try to limit their time to three minutes and 15 seconds. Sherone Cephas, a resident of Roanoke, representing his parents, Oral and Sandra Cephas, owners of Judah Land, LLC stated he is the project manager and was attending the meeting to propose an assisted living facility across from the General Electric Facility. Judah Land, LLC has been in business in the Roanoke area since 2005. His mother is a retired registered nurse and father is a retired Navy veteran. They have two other properties, Cave Creek in Troutville and Magnolia Ridge in the Raleigh Court area of Roanoke and the purpose of this project is to consolidate both facilities into one. The target market for Judah Land, LLC are veterans and he feels the location will help Judah Land be able to better care for their residents. The estimated cost of the project is $9,000,000 with approximately 60 - 64 employees on staff. The projected start date for construction is 2019. Mr. Cephas stated the project engineer is present tonight to answer any questions. Jane Johnson thanked Mr. Cephas for his service and questioned if the consolidation of the two facilities would put them at full capacity at opening. Mr. Cephas stated there will be three phases and the first phase is at least 80 beds. As the project continued they would like to be at roughly 120 beds. Vice-Mayor Givens asked Mr. Cephas to explain the proffered conditions on the back and side in regards providing a buffer. Mr. Cephas stated on May 26, 2016, they went around the neighborhood to speak to the neighbors and concluded there were some concerns from neighbors as to how close the facility will be to the neighbor's property. They decided to use Proffer B in able to provide a buffer around the properties as well as using trees for the properties butting up against the RBD zoning. They want to be neighborly and are open to mitigate the issues the neighbors have. Mayor Foley asked if there is any fencing around the property and Mr. Cephas stated as of right now they have agreed to the trees and are open to fencing and that the project engineer could help answer that question on his behalf. Vice-Mayor Givens stated he felt Leyland Cypress trees planted approximately six feet apart would make a shield around the area. Mr. Cephas stated they were open to that idea in order to help blend in with the community. John "Roger" Richardson, 1306 Roanoke Boulevard stated he was present tonight because the facility is close and he is concerned about what has happened to the lower side of the Boulevard from 419 to Easton Road. There is an abandoned house with boarded windows, a house currently rented out as residential property and the remaining properties are commercial. This change would impact two families in a drastic way on Alberta and his concern is for them because homes are the primary investment. He also asked Council to think in regards to those people pertaining to traffic for East Salem Elementary, Arnold R. Burton, General Electric and the Veterans Hospital. The concern of the heavy equipment needed to build the facility over a year and a half span and crossing traffic is a safety issue. Mr. Richardson stated as an employee of the City of Salem, seeing the City become saddled with costs for the traffic light and turning lanes is another issue for him. He feels as residents in the community, they need to accept some change but seeing a young, child killed because and elderly person that may have a slower reaction time or should early morning traffic and the person not be able to see and perhaps someone gets hurt. He asked Council not to make the City residents pay for the costs of the things that would be needed to keep the area safe, but to have the proposed facility pay for those costs. Amy Channey, 1602 Alberta Drive, a longtime resident of Salem stated she grew up in Salem, attended East and South Salem Elementary schools. Her family felt strongly that they stay a part of the Salem community when their Roanoke County property was annexed into Salem. From there she went to Andrew Lewis and Salem High then stayed in the City of Salem attending Roanoke College. The family moved away for a few years but moved back after her son was born so he could have the same exceptional experiences she had growing up in the City. With all that being said, she stated she understood the desire of the Cephas family to plant roots in the City. She is not opposed to an additional assisted living facility in the City and commends the Cephas family for their dedication to their residents and understand the desire to bring things under one roof. However, she does oppose the location of the facility. As one of the residents on Alberta Drive, she would be impacted considerably. The rezoning is her first concern. With the Residential Business District, it is designed to create a walkable, livable residential community with a mixture of residential and non-residential uses. The Highway Business District is the opposite with heavy intensive commercial services. She feels her residential value will decrease approximately about 7 - 12 % which calculates to be approximately $20,000. With ten adjacent properties that could be approximately $200,000 in revenue lost in the taxpayers’ homes. Her home is her investment and she has a child getting ready to go to college and that would be a significant financial loss. The properties are not similar and shouldn't be adjoined and adjacent to each other. Traffic was previously mentioned by Roger and she wouldn't reiterate what he had said previously stated. Her greatest concern for this project would be for the safety of the vehicular and pedestrian traffic. Her son is a varsity athlete and is not allowed to walk or run on the Boulevard. Adding the additional traffic that will be there due to the project she felt that should be of great concern. Also, the residents of the assisted living facility may not have the cognitive or physical ability to maneuver the traffic. She asked Council to look at the size as well as the placement of the property. If the project is approved there will be a fire lane 22 feet from her property. She asked Council if they decided to move forward with the rezoning they look to move the placement of the building 100 feet to the West, allow more of a buffer and to have the same fencing that was made available to the residents on Highland. She doesn't feel the Alberta residents should have a different value placed on their homes. Elizabeth Curet, a resident of Alberta Drive, is one of the two plots of land that would be drastically impacted by the Judah Land, LLC project. She stated she is not against growth in the community. She has been in her home 20 years and feels this facility will cause the resident to lose their quiet, residential street and value in their homes. Also, the project doesn’t seem to fit in in the area. She enjoys the greenery and the grove of trees as well as the deer. Those things are a buffer to the Boulevard. The Boulevard is full of traffic now and having foot traffic on the Boulevard is an issue and with no sidewalks, you would have to walk in a ditch and it that is very dangerous. She asked Council to think about the imposition on the whole neighborhood. Mayor Foley asked if anyone else would like to speak. There was no response after asking a second time and the public hearing was closed. Bill Jones asked the engineer for the project, Mark Ayles if it is possible to move the facility away from Alberta. Mr. Ayles stated it is possible but it would reduce the size of the building which means the cost per bed would increase. He further stated they had looked at some ways to make the road one way and change the parking. What was shown at the public information meeting was a worst case scenario. They do not expect it to be that way but it is possible. In the meantime, they have looked at having a one way around the building to reduce the land from 24 to 20 to meet the fire lane requirements and putting angled parking to reduce and additional 2 1/2 to 3 feet. Currently, it is at about 28 feet and would be around 32 feet from the edge of the drive lane to the property line and the building would be another 25, then across the lane, another 48 feet to the face of the building. Ms. Johnson asked due to the nature of the building would it not be realistic to expect or consider a second story to make a smaller footprint. Mr. Ayles stated they looked at that and the additional floor would cause the cost of staffing to increase along with an additional nursing station set up. The proposed project is a single story, except in the middle when you enter there would be two floors with an atrium. The perimeter will be a residential type building with a hip roof. Mayor Foley asked Mr. Ayles if he knows how much parking is needed. Mr. Ayles stated they did not and that would be discussed according to the desires of the City. The idea behind what was presented is to give worst case scenario and to have something a little less intensive rather than changing later. He is pretty confident it would be about half of what is shown on the plan. Mayor Foley asked Mr. Van Allman and Mr. Taliaferro is parking is based on the number of bed spaces or square footage. Mr. Van Allman stated it will probably be based on the number of workers at the facility and the standard for a similar facility but he did not have those numbers. Mr. Ayles stated he thought the code required discussion with the Zoning Administrator to determine the amount of spaces for parking based on requirements for facilities with similar use and traffic generated for use. Due to the project being on the bus lane, a lot of the employees will and residents will be using the buses. The plan shows a lot of space for worst case scenario to budget for costs. Mr. Jones asked City staff if there were plans for sidewalks as part of the project. Mr. Taliaferro stated in this area there are no plans for a sidewalk however there is funding for new sidewalk to the east near the Veterans Administration and eventually would tie that into 419. That would most likely be Phase II for the Boulevard project and the City would apply for funding for that once the sidewalk is built at the Veterans Administration. The City would look at having sidewalks on both sides of the road. Mr. Jones asked Mr. Boggess if he spoke with the City Assessor about the change in assessment values. Mr. Boggess said the City Assessor said it could not be determined what would happen in regards to values until after the project and the development could affect values, as any development could but most of the properties in the area are adjacent to other properties with similar use so the impact would be relatively small. A new development and a new employer can also positively affect values if there is an attractive development and jobs. It is difficult to determine what the impact would be and whether it would be positive or negative. In the Assessor's opinion it would be minimal either way if there were an impact. Mr. Jones asked if a light was needed would the City or VDOT absorb the cost? Mr. Taliaferro stated the City would pay for the cost of the light but in this location he doubted there would be enough traffic generated to justify a light. Also, it would be difficult to put one there due to the proximity to 419. Mr. Van Allman stated the main traffic going through there is over 11,000 vehicles per day and the side traffic is a small percentage of that and doubts it would have the warrants to put a light there. Mrs. Johnson asked where the bus is relative to the proposed facility to be built. Ms. Payne stated the bus is in front of the facility on the south side close to the proposed entrance and currently there is a bus stop sign there so there is not a long distance for the residents to catch the bus. Mr. Chisom stated his concern is the fencing and buffer having consistency as far as having fencing on one side but not the other, a different quality or different type of treatment and would encourage City staff to work with both, Judah Land, LLC and the neighbors to come to a reasonable solution for both sides for the impact can be as minimal as possible. He further stated he grew up behind Spartan Square and there was a beautiful old, home there with acreage that fronted Main Street and Luke Waldrop developed the property and the back yard went from being a beautiful vista to a 12 foot drop off. He said he understands development and he understands progress along with the effects of development but we need to make sure we take care of the residents in the process. Ms. Johnson stated there are all kinds of shrubbery that can be planted but if it could be something that could be fast growing to fill the area. The residents have been accustomed to that over the years and with the area being beautiful and all natural, if Judah Land could have something close to that she felt the residents would appreciate that, as would the City. Mayor Foley asked if there were any other questions for staff or the petitioner and there were none. Her further stated Council had the notes from the Planning Commission. Vice-Mayor Givens stated he could understand the concerns of the residents. Looking at the plan with the proffered conditions with the buffer around it, it won't be like a daycare with kids running around. He felt if the proposed facility would follow the plan it would be an addition to the section of the Boulevard and with that said he moved passage with proffered conditions of the tree lines, consistent fencing and limited uses, as proffered (assistant care residents, life care facility and nursing home). Mayor Foley stated before he voted he wanted to say is what he feels is most important is that it is most consistent with the land use plan for this strip of the Boulevard. Vice-Mayor John Givens motioned to adopt the Ordinance on first reading for the rezoning of eight parcels located in the 1500 block of Boulevard-Roanoke (Tax Map #'s 221-3-8, 9, 10, 11, 12, 13 and 14, and 222-1-1) from RBD Residential Business District to HDB Highway Business District as recommended by the Planning Commission. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones B.Appropriation of Funds Consider request to approve the School Board's appropriation changes of $25,000 to the Grants Fund approved at the School Board meeting on May 10, 2016. Audit - Finance Committee Ms. Jordan stated this was a grant from Goodwill Industries of the Roanoke Valley. The schools were a sub-recipient of a $25,000 grant. It is called a Health Profession Opportunity Grant and is going to serve supportive services, education, training and employment for nursing health information health care support occupations. The appropriation is to allow the School Board to be able to move forward with this grant.Vice-Mayor John Givens motioned to approve the School Board's appropriation changes of $25,000 to the Grants Fund approved at the School Board meeting on May 10, 2016. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones C.Appropriation of Funds Consider request to appropriate supplemental Children's Services Act (CSA) revenue and expenditures. Audit - Finance Committee Vice-Mayor John Givens motioned to approve and appropriate supplemental Children's Services Act (CSA) revenue and expenditures. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones D.Appropriation of Funds Consider request to appropriate proceeds from the sale of equipment. Audit - Finance Committee Vice-Mayor John Givens motioned to appropriate proceeds from the sale of equipment. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones E.Appropriation of Funds Consider request to appropriate insurance proceeds to purchase a replacement dumpster truck. Audit - Finance Committee Vice-Mayor John Givens motioned to appropriate insurance proceeds to purchase a replacement dumpster truck. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones F.Appropriation of Funds Consider request to appropriate budget for the Community Development Building lease and transfer lease payment budget to the Debt Service Fund. Audit - Finance Committee Vice-Mayor John Givens motioned to appropriate budget for the Community Development Building lease and transfer lease payment budget to the Debt Service Fund. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones G.Appropriation of Funds Consider request to appropriate funds to purchase software. Audit - Finance Committee Mayor Foley asked Ms. Jordan if this software would allow us to be able to make payments online. Mrs. Jordan stated it would move us closed to being able to do so. Vice-Mayor John Givens motioned to appropriate funds to purchase software. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones H.Appropriation of Funds Consider request to amend School Capital Projects Fund budget as approved by the School Board at the meeting on June 14, 2016. Audit - Finance Committee Vice-Mayor John Givens motioned to appropriate School Capital Projects Fund budget as approved by the School Board at the meeting on June 14, 2016. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones I.Appropriation of Funds Consider request to appropriate fund to pay prior year liability for Other Post- Employment Benefits (OPEB). Audit - Finance Committee Mr. Jones stated before he seconded, the motion he would like to point out the liability for Other Post-Employment Benefits (OPEB) will now be and asset and we are in a better position than we were years ago and we are ahead of other localities.Vice-Mayor John Givens motioned to appropriate funds to pay prior year liability for Other Post-Employment Benefits (OPEB). William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones J.Fiscal Agent Contracts for Fiscal Year 2017 Consider approval for City officials to execute contracts authorizing the City to continue to act as fiscal agent for Court-Community Corrections Regional Alcohol Safety Action Program Board and Cardinal Justice Academy. Audit - Finance Committee Vice-Mayor John Givens motioned to approve and authorize City officials to execute contracts authorizing the City to continue to act as fiscal agent for Court- Community Corrections Regional Alcohol Safety Action Program Board and Cardinal Justice Academy. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones K.Cooperativ e Purchasing Agreement Consider request for City staff to execute an Interlocal Contract for Cooperative Purchasing with HGACBuy. Audit - Finance Committee Supplemental Item Vice-Mayor Givens asked if the Interlocal Contract for Cooperative Purchasing with HGACBuy gives us another avenue to purchase things we might need. Mr. Yost stated the contract does not require the City to buy anything from them but HGACBuy has already gone through a competive process with contractors and the site allows you to buy items in accordance with Virginia Public Procurement Act to accept contracts that have been procured competitively. The City learned of this company through Roanoke City who recently purchased a contract with an excellent buy. The advantage to this is the City would be able to move quickly and not have to prepare bid specs and put it out to bid then have to wait. Vice-Mayor John Givens motioned to approve and authorize staff to execute an Interlocal Contract for Cooperative Purchasing with HGACBuy. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones L.Miscellaneous Fees Consider adoption of Resolution 1298 approving reaffirmation of miscellaneous fees and policies. Supplemental Item Mr. Jones stated the Resolution is not for new fees. The Resolution is a clean-up of paperwork.Vice-Mayor John Givens motioned to adopt Resolution 1298 approving reaffirmation of miscellaneous fees and policies. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones M.Miscellaneous Fees Consider adoption of Resolution 1299 establishing miscellaneous fees. Supplemental Item Vice-Mayor John Givens motioned to adopt Resolution 1299 establishing and reaffirming miscellaneous fees. William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones N.Tipping Fees Consider adoption of Resolution 1300 to establish the fee schedule for the Solid Waste Transfer Station (tipping fees). Supplemental Item Vice-Mayor John Givens motioned to adopt Resolution 1300 to establish the fee schedule for the Solid Waste Transfer Station (tipping fees). William Jones seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones 7.Closed Session A.Closed Session Hold a closed session pursuant to provision of Section 2.2-3711A(3) of the 1950 Code of Virginia, as amended, to discuss property the City may wish to sell. Vice-Mayor John Givens motioned to convene to Closed Session to discuss property the City may wish sell. Jane Johnson seconded the motion. Ayes: Chisom, Foley, Givens, Johnson, Jones 8.Adjournment The meeting was adjourned at 9:03 p.m.