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HomeMy WebLinkAbout9/28/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION September 28, 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 September 28, 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, 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, Rosie Jordan, Director of Finance; Larado Robinson, Director of Water and Sewer, Charles Van Allman, City Engineer, Todd Sutphin, Building Official, 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 Mr. Robinson directed a presentation on Automated Meter Reading and a discussion was held regarding such; and WHEREAS, Mr. Van Allman and Mr. Sutphin directed a presentation on awnings and a discussion was held regarding such; and WHEREAS, a discussion was held regarding the upcoming expiration of franchise agreements; and WHEREAS, a discussion was held regarding the 2015 Salem Fair; 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 7:26p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING September 28, 2015 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on September 28, 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, 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; Rosie Jordan, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development, Mike Stevens, Communications Director, Charles E. Van Allman Jr., City Engineer, and Stephen M. Yost, City Attorney; and the following business was transacted: Mayor Foley introduced and welcomed meeting attendees from Boy Scout Troop 51, Masters Nate and Aaron Richardson; and The September 14, 2015, work session and regular meeting minutes were approved as written; and The September 14, 2015, Planning Commission meeting minutes were approved as written; and Mayor Foley requested Council to hold public hearing and receive views of citizens and candidates regarding the appointments to fill the expiring terms of Dr. Nancy Bradley and Dr. Michael Chiglinsky; (Advertised in the September 21, 2015, issue of The Roanoke Times.); and WHEREAS, Dr. Nancy Bradley, 700 Beech-Road, appeared before the Council to state her appreciation for her prior appointment to the City of Salem School Board and her desire to seek re-appointment for an additional 3-year service term.; she further commented on some of the challenges, achievements and continued accomplishments with and for Salem citizens, schools, faculty and students; and WHEREAS, Dr. Michael Chiglinsky, 2720 Titleist Drive, appeared before the Council to express his desire to seek re-appointment to the Salem City School Board; he spoke of the leadership challenges experienced, achievements and accomplishments over the past 6 years that were attributable to the decisions, courage and leadership of Council and the School Board in regards to responsible funding and meeting the various needs of the Salem school system; he stated the future of public education will remain challenging yet very bright through continued commitment from leadership and promoting and addressing the well- being of all individuals; and ITEM 1 PUBLIC HEARING REGARDING SCHOOL BOARD APPOINTMENTS 2 Mayor Foley requested Council to hold public hearing and consider adoption of Resolution 1274 adopting Urban Development Areas and amending “The Comprehensive Plan for the City of Salem” to reflect the addition of UDAs. (Advertised in the September 10 and 17, 2015, issues of the Salem Times Register. Recommend approval; see Page 1, Planning Commission minutes.) WHEREAS, Benjamin Tripp – 114 N. Broad Street stated that recently the Commonwealth of Virginia changed the way it funds transportation; the new process is commonly known as HB2 or House Bill 2; previously the state provided transportation dollars to localities through a formula; that process has been eliminated under HB2 and a new competitive, metrics driven process put in place which will control most state funding for transportation; under HB2 all localities must compete with each other for transportation dollars, and only certain types of roads and projects are eligible for funding at all; only projects that are located in one of the following areas may apply and be considered for state funding: 1. Projects located on a “Corridor of Statewide Significance” – Major interstates or similar or large arterials; 2. Projects located on parts of “Regional Networks” – Major local arterials such as 11, 460 or 419; 3. Projects located in Urban Development Areas – Areas which a locality expects growth and wants to designate as a priority for transportation dollars. WHEREAS, Project Consultants, Dena Rhodeside of Rhodeside & Harwell, Alexandria, Virginia and Jeff Schlosberg, also with Rhodeside & Harwell, addressed Council and discussed the concepts and plans for the three Salem UDAs, which are Downtown Salem, East Main Street and Apperson Drive; WHEREAS, Mr. Tripp stated that the consultants present very useful planning tools for the future of Salem; and WHEREAS, Mrs. Garst reminded everyone that we have Rhodeside & Harwell thanks to Ben Tripp and the Planning Department for getting the grant, which is a wonderful opportunity for the City of Salem; and that the plans for development also include multi-modal transportation opportunities; and WHEREAS, Mr. Tripp further stated that this type of planning is the future; from the state’s perspective it’s efficient to have this kind of planning because it puts the development along the transit and limited tax dollars are used in an efficient way to maximize return on the investment; the next step is to select one of these areas and develop a specific plan and look for that area; and WHEREAS, Mayor Foley along with Mr. Tripp, reiterated for the public ’s benefit that these are just three areas identified; the same ideas can be applied to ITEM2 HOLD PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION 1274 REGARDING URBAN DEVELOPMENT AREAS 3 other areas without restrictions; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request to consider Resolution 1274 adopting Urban Development Areas and amending “The Comprehensive Plan for the City of Salem” is hereby approved – the roll vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson –aye, John C. Givens – aye, and Byron Randolph Foley –aye. Mayor Foley requested Council to hold public hearing and consider ordinance on first reading the request of Salem Specialties, Inc., property owner, for rezoning the property located at 2537 West Main Street (Tax Map #175 -1-6) from HBD Highway Business District to LM Light Manufacturing District. (Advertised in the September 10, and 17, 2015, issues of the Salem Times Register. Recommend approval; see Page 4, Planning Commission minutes.) WHEREAS, Ms. Payne stated Billy Marshall, President of Salem Specialties and Barney Horrell with Brushy Mountain Engineering, 3555 Carvins Cove Road, Salem were in attendance to present the request to rezone the 1.196 acre parcel from HBD Highway Business District to Light Manufacturing District; Mr. Marshall wants to construct a 7,500 square foot building and provide parking to accommodate his business needs as it grows; the new building will be used for a custom made metal parts manufacturing much as with his current building; Ms. Payne added that his business is growing and needs this approval for continued growth; and WHEREAS, Mr. Horrell appeared before Council; and WHEREAS, Mr. Jones asked Mr. Horrell if this expansion would increase the number of employees; and WHEREAS, Mr. Marshall replied not right away; and Mr. Jones stated appreciation for the expansion; and WHEREAS, Mayor Foley asked and Mr. Horrell confirmed that the parking location will be between the existing building and the new facility unless they decide to switch sides of the property; and ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE-MAYOR GIVENS, AND DULY CARRIED, the request of Salem Specialties, Inc. property owner for rezoning the property located at 2537 West Main Street (Tax Map #175-1-6) from HBD Highway Business District to LM Light Manufacturing District is hereby approved – the roll vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. ITEM3 ORDINANCE PASSED ON FIRST READING REZONING 2537 WEST MAIN STREET FROM HBD, TO LM 4 Mayor Foley requested Council hold public hearing to consider the request of Otey R. III & Elizabeth A. Hutton, property owners, for the issuance of a Special Exception Permit to allow an accessory apartment in an existing garage on the property located at 218 Burchette Street (Tax Map #113-2-3). (Advertised in the September 10 and 17, 2015, issue of the Salem Times Register; recommend approval; see page 7, Planning Commission minutes.); and WHEREAS, Ms. Payne stated Mr. Hutton is requesting a Special Exception Permit in order to provide housing for his mother who has experienced some severe financial strain; he would like to convert their two-car garage into an apartment; the Planning Commission approved his request to address the needs of an aging population; a condition that the roof lines line up joining the garage to the major dwelling was placed on the request; and WHEREAS, Otey Hutton of 218 Burchette Street addressed the Council with thanks and stated the Salem Schools were the reason for moving to Salem; he went on to add that the planned addition will be to the existing garage; it will be adjoined with a metal roof and a carport connecting to the main dwelling; trusses will be used to extend and attach to the main structure; and WHEREAS, Mrs. Garst asked a general question; if an individual is to build an accessory apartment would they comply with the existing setbacks; and WHEREAS, Ms. Payne responded, encouraging input from Mr. Taliaferro as well, that to her understanding the individual is required to comply to the setbacks; and WHEREAS, Mr. Van Allman added; to comply from the primary structure; and WHEREAS, Mr. Jones asked the current distance in measurement between the house and the garage; and WHEREAS, Mr. Hutton answered, approximately 26 feet, give or take a couple inches; and WHEREAS, Mr. Jones asked Mr. Van Allman, for example, if an individual wanted to build 40 or 50 feet from the main dwelling, what does the future hold for these situations; and WHEREAS, Mr. Van Allman replied, that is a good question; a lot will be determined by economics because a constructed truss style roof is not a simple shed; it must be integrated into the ceiling systems of the two buildings; 50 feet would result in significant costs in order to meet those criteria and the building codes; for example, wind and snow loading; technically it is possible but it would ITEM4 SPECIAL EXCEPTION PERMIT FOR ACCESSORY APARTMENT AT 218 BURCHETTE STREET APPROVED WITH CONDITIONS 5 be costly, perhaps more than the property’s worth; and WHEREAS, Ms. Johnson added, a requirement to sub-divide the lot may need to be an option, based upon size; and WHEREAS, Mayor Foley stated it was considered in this case; however the lot was not big enough; and WHEREAS, Mayor Foley questioned the exact reason for the requirements and special conditions; how could the restrictions of family members only, etc. be enforced via structural requirements such as the roof line; and WHEREAS, Mr. Taliaferro answered; the code was written for properties where there was a firewall and a duplex but only for family members; and the lots where you could actually have a garage to be attached is not why the code was written; that process would put two single family buildings on one residential lot and when the code was written it was done so in an attempt to discourage that; and WHEREAS, Mr. Foley asked will this be a continued requirement in the future; and WHEREAS, Mr. Van Allman answered, that economics would be the solution; by right you can add an addition to your house that will have the same accomplishment; and when you start getting farther away from the house you are truly building an addition but it might not be economical; which in that case, it may be better to buy a home that can accommodate the need; considering converting a garage and the cost of making it a livable habitat; it may be easier and more cost effective to present the plans before Council and the Planning Commission; but where do we draw the line; and WHEREAS, Mr. Jones suggested a later session to sort out the details of requirements of this request and future requests of this nature; and WHEREAS, Ms. Payne stated the accomplishment would be to make the decision more durable; trying to make it work for the petitioner based upon the need; we are in agreement that this is a precedence matter requiring a clearer understanding going forward; WHEREAS, Mr. Boggess stated the precedence has been established; this type of attachment has been allowed, this is just a larger attachment than in the past; we do not allow more than one principal structure on a residential lot; if the garage is not attached, you would have two principal structures on one lot; so the attachment allows the existing garage to become part of the principal structure and then apply the setbacks etc. as if it were the principal structure; this is the “work around” by making it part of the principal structure by attaching it with a carport, 6 short breeze way or a screened porch etc.; and WHEREAS, Ms. Payne reiterated the distance – that is the precedence in this situation, because it is so far; and WHEREAS, Ms. Garst questioned and it was confirmed that each of the accessory apartment requests is a special exception and decided case by case; and WHEREAS, Mayor Foley requested that staff research this issue for future applications; and ON A MOTION MADE BY COUNCILMAN JONES AND SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request for a Special Exception Permit to allow an accessory apartment in an existing garage at 218 Burchette Street was approved in compliance with the conditions set forth by the Planning Commission – Lisa D. Garst-aye, William D. Jones-aye, Jane W. Johnson-aye, John C. Givens-aye, and Byron Randolph Foley-nay. Mayor Foley requested that Council holds a public hearing and consider ordinance on first reading amending Chapter 30 Environment, Article IV Stormwater Management, Division 4 Stormwater Management Plan Contents, Review, and Technical Criteria, Sections 30-141 (A) and 30-145 (C), of the CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to stormwater management. (Advertised in the September 10 and 17, 2015 issues of the Salem Times Register. Recommend approval; see Page 10, Planning Commission minutes.); and WHEREAS, Mr. Van Allman, 25 East Main Street, City Engineering Department, indicated the Department of Environmental Quality’s staff had reviewed the City’s VSMP ordinance adopted in May 2014; based upon the review of the ordinance and the changes to the Virginia Stormwater Management Act, the DEQ staff recommended two revisions for Salem’s VSMP ordinance be consistent with the VSMP regulations and Act; these are relatively minor changes, they are more semantics than anything else and will not fundamentally change our program or any status within but will accurately reflect what is in the Virginia State model ordinance; and ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request to amend Chapter 30 Environment, Article IV Stormwater Management, Division 4 Stormwater Management Plan Contents, Review, and Technical Criteria, Sections 30-141(A) & 30-145(C) of THE CODE OF CITY OF SALEM, pertaining to stormwater management is hereby approved – the roll vote: Lisa D. Garst-aye, William D. Jones-aye, Jane W. Johnson-aye, John C. Givens-aye, and Byron Randolph Foley-aye. ITEM5 ORDINANCE PASSED ON FIRST READING TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF SALEM REGARDING STORMWATER MANAGEMENT ITEM6 CLOSED SESSION 7 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.23711 A. of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session for the purpose of discussing the following specific matter: 1. 2.2-3711 A1. – Discussion of a personnel matter, by way of evaluation in the performance of a particular employee; --the roll call vote: all present aye. WHEREAS, Councilman Jones announced to the Council and those in attendance that he and Dr. Siebert had visited the family of the late Adam Ward two weeks ago and presented the athletic jersey from the City of Salem; the family was very, very grateful for all acts of kindness by City Council and School Board; Mr. Jones also stated Mr. Ward was his first mentor and his son and Adam grew up together; he went on to express thanks from he and the families of the local communities and nationwide for helping make the loss of life possible to deal with; Upon reconvening at 9:35 p.m.; ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council – the roll call vote: all present – aye. There being no further business to come before the Council, the same on motion adjourned at 9:36 p.m.