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HomeMy WebLinkAbout10/26/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION October 26, 2015 A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on October 26, 2015, at 6:30p.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 Lisa D. Garst; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; and Mary Ellen Wines, Zoning Administrator; 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, a discussion was held regarding NovusAgenda, agenda software; and WHEREAS, a discussion was held regarding the upcoming VML FOIA dinners; and WHEREAS, a discussion was held regarding possible changes to the council minute format; and WHEREAS, a discussion was held regarding Resolution 1275; and WHEREAS, a discussion was held regarding the 2016 Administrative Calendar; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:20 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING October 26, 2015 A regular meeting of the Council of the City of Salem, Virginia, was held in the Council Chambers, City Hall, 114 North Broad Street, on October 26, 2015, at 7:30 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 Lisa D. Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director, Benjamin W. Tripp, Planner, and Stephen M. Yost, City Attorney; and the following business was transacted: Mayor Foley welcomed Professor Brian Parsons and his State and Local Government class from Roanoke College; and The minutes of the work session and regular meeting of October 12, 2015, were approved as written. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request of Debra M. & Lance B. Duncan, Kendell S. & Renae A. Keffer, Tarpley-Graham LLC, and Bradley M. & Elizabeth T. Graham, property owners, for rezoning nine parcels located at 700, 701, 705, 709 and 713 Ambler Lane, and 2801 Franklin Street (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1- 1.3, 271-1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2, 271-1-3, and 290-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with amended conditions; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the October 8, and 15, 2015, issues of the Salem Times Register, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held October 14, 2015, recommended approval of the request; and WHEREAS, staff reported the following: the subject property consists of nine parcels of land totaling approximately 34.6 acres. It lies along the west side of Franklin Street, between Niblick Drive and Upland Drive, and is adjacent to the Phillips Brook and West Club Forest subdivisions. The request to rezone the parcels initially came before Planning Commission and City Council in late 2013. The second rezoning request was approved in April 2014. The following voluntarily-proffered conditions were approved as part of the original rezoning passed on November 12, 2013: ITEM 1 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY LOCATED AT 107 PRESTON STREET (TAX MAP #161-4- 4) FROM HBD TO RSF 2 1. Uses Permitted on Existing Tax Parcel 290-1-1 – uses permitted will be as allowed by the City of Salem Zoning Ordinance according to the RSF regulations; 2. Uses Permitted on Existing Tax Parcel 271-1-1 – RESIDENTIAL LOTS - uses permitted will be as allowed by the City of Salem Zoning Ordinance according to the RSF regulations along with the following: keeping of horses and equestrian related uses including trails, stables, and pasture; a minimum of a two-acre residential tract size will be required to have a stable on a residential lot; keeping of goats and cows; OPEN SPACE AREAS – keeping of horses and equestrial related uses including trails, stables, and pasture; keeping of goats and cows; community gardens; horticulture; hay production; passive and active recreational uses including but not limited to trails, picnic tables, gazebos, and playgrounds; 3. General Development Guidelines – all development shall be in substantial conformance with this plan; a maximum of one horse per acre of open space shall be permitted; all open space is intended for the private use of residents of this development; all private roads, stormwater facilities and infrastructure, and open space shall be maintained by the residents of this development; at the time of plan recordation, the developer shall dedicate right-of- way along the frontage of Franklin Street to allow for future widening of Franklin Street; the right-of-way dedication shall be 25 feet from the centerline of Franklin Street; no stable shall be constructed closer than 100 feet to a parcel that is adjacent to this development; and 4. Additionally, the drawing dated September 27, 2013, and revised October 28, 2013, submitted with the request as amended at Planning Commission, shall be a proffered condition. The following amended voluntarily proffered condition was approved as part of the second rezoning which passed on April 14, 2014: The drawing dated February 21, 2014, that amends the October 28, 2013, drawing by changing the maximum allowable lots from 15 to 18, and changes the residential perimeter, shall be a proffered condition. The property owners and developer are requesting an amendment to the existing PUD to allow for the modification of the density. The request is to modify the maximum number of residential lots to 19, which is an increase of one lot. The increase in buildable lots will not decrease the minimum open space requirement of 12 acres. All other standards remain the same as were approved at the previous public hearings; and 3 WHEREAS, Mr. Brad Graham, 494 Glenmore Drive, appeared before Council as a property owner and developer; he stated that he gave his explanation and comments to the Planning Commission and if Council would like he could repeat them or if Council has any questions; and WHEREAS, Mayor Foley explained that Mr. Graham is a developer that had asked for eighteen parcels as part of a rezoning previously approved, and is now asking for an additional parcel for a total of nineteen; and WHEREAS, Councilwoman Garst, stated that originally is was rezoned for fifteen lots, then amended to eighteen, now amended to nineteen; and WHEREAS, Mr. Graham stated that there has been dramatic change in the equestrian communities because of the economy; the demand has decreased while increasing for just open space, soccer fields, and trails, hiking and biking; while the hope is that the equestrian development will still come to fruition, the current buyers would rather see more lots to divide the costs of maintenance of the open space than fewer lots; and WHEREAS, Councilwoman Johnson explained that she is a neighbor and she visited the site and with the concern that the additional lot would reduce open space and she was satisfied that the size of the open space is actually being increased; and WHEREAS, Mr. Graham replied that the previous open space size was approximately twelve acres and now it would increase to thirteen and a half; he further stated that the depth of the lots has been reduced because no one wants to mow that four hundred feet of backyard; and WHEREAS, Vice-Mayor Givens stated that they have done a very nice job on the site; the fence along Franklin Street looks good; he inquired as to the location of the new lot; and WHEREAS, Mr. Graham replied that it is in the cul-de-sac to the right so if you drive down the road into the cul-de-sac it will be the last lot on the right; and WHEREAS, Councilwoman Johnson inquired if this will be the last request to increase the density of the development; and WHEREAS, Mr. Graham replied affirmatively, but added that he was a unsure; and WHEREAS, Councilwoman Johnson stated her concern over the traffic situation on Franklin Street; and 4 WHEREAS, Mr. Graham explained that interested buyers are not concerned with the number of lots just the space between houses, so what they have done is increased the space between houses so the typical lot width on the right side prior to this was approximately one hundred thirteen feet and now it has increased to an average of one hundred thirty feet wide; in the future they will not ask for additional buildable lots, however they may return to request to build a barn for the equestrial and agricultural activities; and WHEREAS, Councilwoman Garst inquired of Mr. Van Allman if barns were considered permanent structures and allowed in the floodway; and WHEREAS, Mr. Van Allman stated that it would be considered a permanent structure however, he did not know if it would be considered a residential structure in regards to the Floodplain Overlay District; the barn possibly could be flood-proofed; he further stated that if no person is sleeping there that it could be possible; and WHEREAS, Mayor Foley asked if there were any further questions or comments, and hearing none, closed the public hearing; and ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of Debra M. & Lance B. Duncan, Kendell S. & Renae A. Keffer, Tarpley-Graham LLC, and Bradley M. & Elizabeth T. Graham, property owners, for rezoning nine parcels located at 700, 701, 705, 709 and 713 Ambler Lane, and 2801 Franklin Street (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-1.3, 271-1-1.4, 271-1-1.5, 271-1- 1.6, 271-1-2, 271-1-3, and 290-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with amended conditions was hereby passed on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley reported that this date and time had been scheduled to hold a public hearing to consider amending Chapter 22, Article II, Section 22-77(c) of The Code of the City of Salem, Virginia, pertaining to an increase in the Business License Tax for Financial Services to $0.58 per $100 in gross receipts; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the October 19, 2015, issue of The Roanoke Times, a newspaper published and having general circulation in the City of Salem; and WHEREAS, Mr. Boggess stated that City Council had reviewed business license taxes and found that financial institutions and some professional financial services were not being taxed consistently through the City’s code; so in an effort in fairness this adjustment has been proposed; and WHEREAS, Councilwoman Garst stated that this would bring the City’s code into alignment with the state code; and ITEM 2 ORDINANCE PASSED AMENDING CHAPTER 22, ARTICLE II, SECTION 22-77(C) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO BUSINESS LICENSE TAX FOR FINANCIAL SERVICES. 5 WHEREAS, Mr. Boggess affirmed her statement; and WHEREAS, Councilwoman Garst asked how the few businesses that would be affected be notified; and WHEREAS, Mr. Boggess stated that the Commissioner of the Revenue’s Office will notify them by letter or phone call; and WHEREAS, Mayor Foley asked if there were any further questions or comments, and hearing none, closed the public hearing; and ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN section 22-77(c), DIVISION 1, ARTICLE II, CHAPTER 22, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO BUSINESS LICENSE TAX FOR FINANCIAL SERVICES,” was hereby passed on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley reported that this date and time had been scheduled to hold a public hearing to consider amending Chapter 22, Article II, Section 22-84 of The Code of the City of Salem, Virginia, pertaining to Show and Sale; Flea Markets; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the October 19, 2015, issue of The Roanoke Times, a newspaper published and having general circulation in the City of Salem; and WHEREAS, Mr. Boggess stated that the City of Salem received an application for a flea market as a business within the city limits and the City has not had a flea market prior; they asked that Council allow a flea market at the 84 Lumber site on West Main Street; Council allowed the use with conditions; it became clear when the business opened that the City Code did not adequately address how business license taxes would be collected, whether from each individual vendor or whether the property owner would be responsible or whether the operator of the flea market would be the responsible party; after much discussion with Council, City staff, and Mr. Yost, and many possible options, it is proposed that the operator will be responsible; and WHEREAS, Mr. Yost explained that a show and sale is nothing new; there has been an ordinance in place that typically would cover a sale such as a trade show at the civic center, a periodic event, and a flea market would fall into this category as well, with a thirty dollar fee per event; most every jurisdiction has a show and sale ordinance across the state and the City is merely placing the flea market within that category; and WHEREAS, Councilwoman Johnson requested clarification as to the fee assessment; and WHEREAS, Mr. Boggess replied that the fee is per event, so the flea market is open every weekend because the conditions of the use permit only allow it to operate on Friday, Saturday, and Sunday, so the fee would apply per ITEM 3 ORDINANCE PASSED AMENDING CHAPTER 22, ARTICLE II, SECTION 22-84 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SHOW AND SALE; FLEA MARKETS 6 weekend; and WHEREAS, Mr. Yost stated if you held an event continuously for thirty days it would be considered one event; if there is a break in the operation, then it would require a new show and sale after every break; and WHEREAS, Mayor Foley asked if there were any further questions or comments, and hearing none, closed the public hearing; and WHEREAS, Mayor Foley stated his appreciation for the City staff, Commissioner of the Revenue’s Office, the Treasurer’s Office, and Mr. Yost for their efforts regarding this matter; and ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN section 22-84, DIVISION 1, ARTICLE II, CHAPTER 22, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SHOW AND SALE; FLEA MARKETS,” was hereby passed on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley reported that this date and time had been scheduled to hold a public hearing to consider adoption of Resolution 1275 endorsing grant applications for House Bill 2 (HB2), revenue sharing, and transportation alternatives; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the October 19, 2015, issue of The Roanoke Times, a newspaper published and having general circulation in the City of Salem; and WHEREAS, Mr. Benjamin W. Tripp, Planner, appeared before Council stating that the grant applications require adoption of a Resolution of support from the governing body and instead of creating a resolution for each, staff combined all three into one resolution; included in this resolution are the two HB2 applications for East Main Street and the multi-modal improvements on the Boulevard as well a revenue sharing and transportation alternatives program application; and WHEREAS, Councilwoman Garst asked if there was a time line for the East Main Street project; and WHEREAS, Mr. Tripp responded that East Main Street is supposed to go to advertisement in late 2017 or early 2018; and WHEREAS, Councilwoman Garst noted that the City is working not only for the planning but for the funding phase years in advance; she continued by asking if it is expected that more resolutions will be forthcoming; that HB2 is a ITEM 4 RESOLUTION 1275 ENDORSING GRANT APPLICATIONS FOR HOUSE BILL 2 (HB2), REVENUE SHARING, AND TRANSPORTAION ALTERNATIVES WAS HEREBY ADOPTED 7 House Bill requiring VDOT to take these extra measures for transportation funding; and WHEREAS, Mr. Tripp replied affirmatively, that there is a lot of additional information that the HB2 process requires and yes any new grant that involves VDOT money will require similar resolutions; he added that it was asked of VDOT if they would accept a blanket resolution and their response was no; and WHEREAS, Vice-Mayor Givens asked if a blanket resolution could be adopted annually covering any grant applied for during that year; and WHEREAS, Mr. Tripp stated that each grant/project must be listed separately; WHEREAS, Mayor Foley asked if there were any further questions or comments, and hearing none, closed the public hearing; and ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1275 endorsing grant applications for House Bill 2 (HB2), revenue sharing, and transportation alternatives was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider the request to amend the School Capital Project Fund budget as approved by the School Board on October 13, 2015; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit Finance Committee, reported that the School Capital Projects Fund was amended by the School Board at their meeting on October 13, 2015; budget amendments totaling $587,938 were approved as additional appropriations; these funds come from meals tax and capital reserve balance for the schools; $250,000 of these funds will be categorized to the Unassigned Fund Balance to be held for the upcoming SHS Renovation; this Committee recommended approval of the School Board’s appropriation of $587,938 to the various capital projects listed in the memo submitted by the Finance Department; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, to approve the request to amend the School Capital project Fund as approved by the School Board on October 13, 2015; WHEREAS, Ms. Jordan stated that she wanted to clarify that the $250,000 in funds that is categorized as assigned fund balance not unassigned fund balance, the remaining amount of meals tax will be categorized as unassigned; and ITEM 5 APPROPRIATION TO AMEND THE SCHOOL CAPITAL PROJECT FUND BUDGET APPROVED 8 ON AN AMENDED MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request to amend the School Capital project Fund as approved by the School Board on October 13, 2015 is hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider renewing the Salem Municipal Golf Course lease for 2016; ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the Salem Municipal Golf Course lease was hereby renewed for 2016 – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Gregory Hamilton was hereby appointed as an at-large member to fulfill the term of Dan Karnes on the Blue Ridge Behavioral Healthcare Board, term to expire December 31, 2015; Pat MacDonald as member and Gregory Hamilton as an at-large member were hereby reappointed to the Blue Ridge Behavioral Healthcare Board, terms to expire December 31, 2018; Wendel Ingram and N. Jackson Beamer, III, were hereby reappointed to the Board of Equalization of Real Estate Assessments, terms to expire November 30, 2018; J. Chris Conner and Margaret Humphrey were hereby reappointed to the Personnel Board, terms to expire August 12, 2017; Byron Randolph Foley and Melinda J. Payne as his alternate were hereby reappointed to the Total Action for Progress Board; William D. Jones, Byron R. Foley as his alternate, James E. Taliaferro, II, Rosemarie B. Jordan as his alternate, Eric A. Atkins, April M. Station as his alternate, were hereby reappointed to the Western Virginia Regional Jail Authority for one-year terms, said terms expire December 31, 2016 – the roll call vote: Lisa D. Garst – aye, William D. Jones – absent; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – aye. WHEREAS, Vice-Mayor Givens thanked the government class for attending; and There being no further business to come before the Council, the same on ITEM 6 SALEM GOLF COURSE LEASE RENEWED FOR 2016 ITEM 7 GREGORY HAMILTON APPOINTED TO BRBH, PAT MACDONALD AND GREGORY HAMILTON REAPPOINTED TO BRBH; WENDEL INGRAM AND N JACKSON BEAMER, III REPPOINTED TO BOARD OF EQUALIZATION; J. CHRIS CONNER AND MARGARET HUMPHREY REAPPOINTED TO PERSONNEL BOARD; BYRON RANDOLPH FOLEY, MELINDA J PAYNE (ALTERNATE) REAPPOINTED TO TAP; WILLIAM D. JONES, BYRON R. FOLEY (ALTERNATE), JAMES E. TALIAFERRO, II, ROSEMARIE B. JORDAN (ALTERNATE), AND RIC ATKINS, APRIL M. STATION (ALTERNATE) REAPPOINTED TO WESTERN VIRGINIA REGIONAL JAIL AUTHORITY 9 motion adjourned at 8:01 p.m.