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Home My WebLink About7/11/2016 - City Council - Minutes - Regular UNAPPROVED MINUTES CITY COUNCIL WORK SESSION July 11, 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 July 11, 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 (Absent), and James A. Martin; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; Rosemarie B. Jordan (Absent), Director of Finance, Mike Crawley, Chief of Police, Joe Crowder, Virginia State Police and Cindy Waters, Virginia State 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, Joe Crowder gave an overview of a Narcotics Awareness Campaign; and WHEREAS, Mr. Boggess updated Council with miscellaneous updates; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:24 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Council Meeting MINUTES Monday, July 11, 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 June 27, 2016 Work Session and regular meetings of Salem City Council. B. Financial Report Consider 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 Consider Ordinance on second 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. (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 northern and southern sides at Thompson Memorial Drive. Vice-Mayor John Givens seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones B. Amendment to Zoning Ordinance Consider Ordinance on second 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 with the voluntarily proffered conditions. (Passed on first reading at June 27, 2016 meeting.) Vice-Mayor John Givens motioned to adopt the Ordinance on second 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. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones 6. New Business A. Vacation of Public Utility Easement Hold a public hearing and consider Ordinance on first 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. (As advertised in the June 27, 2016 and July 4, 2016 issues of The Roanoke Times. Mr. Taliaferro 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 Department would like to keep a 10- foot easement. The next door neighbor, Mr. Simms agreed to dedicate a five-foot easement if Council would vacate 15-feet of easement on the petitioner' side, leaving a 10-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. Vice-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 front of the property and the petitioner is requesting to vacate 20-feet of that. There are no issues from staff with that vacation. Mr. Martin asked Mr. Taliaferro if the remaining easement would satisfy the requirement the Electric Department forsees. Mr. Taliaferro 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 10-foot easement. Mayor Foley opened up the public hearing to receive questions or comments 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 "Viewers" to go look at the property but in this case there is not a need for that as there is not anything the "Viewers" would be able to determine in simply viewing the property Public Utility Easement vacations are typically vacated on the recommendation of City Staff therefore in this case Council does not need to appoint Viewers. Vice-Mayor John Givens motioned to consider Ordinance on first reading to permanently vacate a public utility easement at the request of Hugh W. Killinger. James Martin seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones B. 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 of bicycles, mopeds, and all terrain vehicles during the course of duties. 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 example, during Olde Salem Days this would allow City staff to have those types of equipment on the street properly. Vice-Mayor Givens 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 citizens cannot drive across the City property in one of these type vehicles but the code change makes it clear that the police department and emergency personnel can. 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 of a 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 confirmed the grant would be for one to be used to patrol for events primarily in the summer, or other special events. Vice-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 of bicycles, mopeds, and all terrain vehicles during the course of duties. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones C. Appropriation of Funds Consider request to accept and appropriate Byrne Special Fund Program grant from the Department of Criminal Justice Services. Audit - Finance Committee Vice-Mayor John Givens motioned to accept and appropriate the Byrne Special Fund Program grant from the Department of Criminal Justice Services. James Martin seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: 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 move to a closed session at 7:43 p.m. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones 8. Adjournment Vice-Mayor John Givens motioned to adjourn at 8:35 p.m.. Jane Johnson seconded the motion. Ayes: Foley, Givens, Johnson, Martin Absent: Jones