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HomeMy WebLinkAbout9/9/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, September 9, 2024, 6:30 PM Work Session 5:30 P.M.; Regular Session 6:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1.Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on September 9, 2024, at 5:30 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members; Byron Randolph Foley (participated remotely), William D. Jones (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Tommy Miller, Director of Economic Development; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2.New Business A.Discussion Items 1)Council Retreat goals and objectives update 2)Economic Development Update - Tommy Miller Mr. Dorsey and Mr. Light presented an update on each item that was discussed at the retreat of Council and city management that was held on March 22, 2023. The purpose of this retreat was to discuss and prioritize Council's short-term strategic goals. Discussion was held and questions by Council were responded to. Tommy Miller, Director of Economic Development, presented an update on Economic Development for the City of Salem. He provided a copy of an outline for Council's use. Mr. Miller summarized the status of progress that has been made on the City's Strategic Plan initiatives. He also shared details updating Council on existing businesses in Salem. Mr. Miller shared an overview of real estate within Salem. Council held discussion and asked questions that were responded to by staff. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:15 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley (participated remotely), William D. Jones (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Councilman Foley to participate remotely in this Council meeting. The request from Councilman Foley stated: "in accordance with Section 2.2- 3708.3 B(1) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a temporary medical condition that prevents my physical attendance.” James Wallace motioned to approve the remote participation of Randy Foley. H. Hunter Holliday seconded the motion. Ayes: Holliday, Turk, Wallace Absent: Jones Abstain: Foley 3. Bid Openings, Awards, Recognitions Mayor Turk recognized Officer C.A. Hayth from the Salem Police Department and asked the following trainees attending this evening as part of their Field Training (FTO) task to come forward: Z. Martin, J. Janice, B. Whitfield, B. Agee, S. Underwood, L. Holbrook, and C. Johnson. She expressed appreciation to them on behalf of the citizens of Salem and those present this evening for their commitment to protect and serve the citizens of Salem. A. Recognition of Constitution Week and Fort Lewis Chapter of NSDAR Present Proclamation to Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the National Society Daughters of the American Revolution (NSDAR) in recognition of Constitution Week 2024. Mayor Turk recognized Constitution Week 2024 and the Fort Lewis Chapter of the National Society of the Daughters of the American Revolution (NSDAR). She noted that September 17th at 4:00 p.m. is the time that people generally ring bells to celebrate the signing of the Constitution. Mayor Turk asked that Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the NSDAR, and other Chapter members come forward while she read the Proclamation aloud. Mike Stevens took pictures of the group with Council. Council thanked the group for all of their work. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Karita Knisely, 115 Union Street, expressed concerns of health and safety in regard to the structure at 203 Union Street. She requested that the City adhere to the mission of the Building Department and take immediate action to notify the current owner of 203 Union Street of the nuisance infestation and negligence. She referenced Fire Prevention Code 34-5. Ms. Knisely also requested that the City keep her updated and informed of any and all actions and correspondence in the above-referenced matters. She ended by requesting that the City adopt the Virginia Building Maintenance Code. Councilman Wallace asked Mr. Van Allman to comment as to whether the Planning and Zoning Department had the understanding that this Council had not made it a priority for Zoning to enforce the regulations of this type of issue in the City. He noted that he hoped Council could reconsider that position. Mr. Van Allman responded that he would rephrase that. He noted that the priorities are ranked and there were a couple of priorities that were ranked higher than this one that they were moving forward with because there was a majority that felt they needed to move forward. He also noted that they act at the discretion of the City Manager and Council. He also noted that Salem has not adopted the full Maintenance Code. Vice-Mayor Wallace noted to Mr. Dorsey that he would like to say that in his campaigning recently, he had found this was a big concern that citizens have about some of their adjoining properties. He added that he felt that Council needed to try to address some of those concerns. Mr. Dorsey shared that they were looking towards implementing some of the Codes very soon, those dealing with exterior maintenance codes and things of that nature. He noted that they had a very good meeting with Ms. Knisely, and that the Electric Department was involved as well, to look at some of these issues. They hope to get some traction started when those codes are implemented, especially on the outside where the holes are and where animals are going under the building. They will be able to move ahead with this part. The one thing that ties their hands somewhat at this point is that they are unable to go inside the house for property right reasons. They are hoping to see what they can do on the outside first. Mr. Van Allman added that they did not have the power to search premises. Vice-Mayor Wallace clarified that he was hearing a lot of exterior issues that could be seen from the street. Mr. Van Allman noted that they could cite stationary things like a car with no tags, overgrown grass, and things that could be observed, He shared that it was a little more difficult to cite an animal. Mayor Turk noted that Council will be pursuing the Maintenance Code in future meetings because they have a plan to hold a Work Session, and this will be one of the topics that is discussed by Council. B. Minutes Consider acceptance of the August 12, 2024, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2024. The Financial Reports were received. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. (Approved on first reading at the August 12, 2024, Council meeting.) H. Hunter Holliday motioned to adopt ordinance on second reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 6. New Business A. Special Exception Permit Amendment Hold public hearing to consider the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1). (Advertised in the August 22 and 29 issues of the Salem Times-Register.)(Planning Commission recommended approval with condition; see pages 2-11 of Planning Commission minutes.) Mayor Turk opened the public hearing. Barney Horrell, 3553 Carvins Cove Road, Brushy Mountain Engineering, on behalf of Salem Montessori, Inc., addressed Council. He noted that Ms. Valerie Vanderhoeven, owner, was in attendance this evening as well. He also indicated that the Planning Commission minutes, which were included in the agenda packet for this evening, were very thorough. He also noted that he had provided a copy of building elevation views for the Council members to review this evening. He summarized the background information on this request and shared that Salem Montessori School had come before Council in the past couple of years looking to build a new facility across the street on the wooded lot. They went through the process of amending the conditions on that property, and in the course of beginning the design process, it was decided that it was not economically feasible. They are stepping back, going back to the existing property, and would like to build a second school building on the property that had a proffer that only one school building be on the property. They are requesting to amend the original conditions of purchase. He noted that these conditions of purchase were committed to in the deed of transfer for the property. If the request is approved tonight, it would require an amendment to the deed for the property. Mr. Horrell recapped the recommendation of the Planning Commission in regard to conditions. He noted that it was his understanding that it was the desire of Council to bring back the condition of landscaping along Lynchburg Turnpike. He highlighted the fact that the building would be a single- story appearing building from Lynchburg Turnpike and that the elevation views provided for Council show a single-story brick facade that looks residential in nature, in trying to remain consistent with the existing campus and what is across the street. The backside, which is the view from Corporate Boulevard, including existing parking lots, will appear as a two-story building. They are trying to create a campus feel. The first building that was built on this parcel is an all-brick facade, the lower building, which was built around 2017-2018, is much of the same brick with a white siding element in the center corridor of the building. This building will play off of those same two elements. It will be brick facing Lynchburg Turnpike and then switch to some siding on the Corporate Boulevard facade. Mr. Horrell said that he would be happy to answer any questions. Vice-Mayor Wallace noted that he had read this information prior to the meeting, and it looked like when Council considered this in 2011, they did exactly what they were considering in terms of the building. He stated that it appeared now that much remained to be settled from the Planning Commission minutes. He asked if there was a reason why the owner had not put forward the final design for review during this hearing. He asked if he could assure Council that this would fit in and look like the other buildings and blend in. Mr. Horrell responded that he was the presenter to Council when the initial building came before Council for review. He noted that at that time there was quite a bit of concern from adjoining property owners as to the appearance of the building and also that there were some residents directly across the street that were concerned with the mountain view being blocked. At that point, some of the conditions were added, such as the single-story brick facade to match what they were expecting to see. The campus feel was very important. Building this building would allow them to close an existing facility that they have kind of nursed along directly across from the Phoenix Building. This facility is aging out, and rather than spending money to bring it back up, they want to create this campus feel. The idea is that the students would start at the lower building and this new building would serve the older students. This does need to be consistent and look and feel the same. He continued that the reason for not having a fully developed plan set was that the owner did not want to take the risk of outlaying the full design for the building until the Special Exception was approved. Mr. Horrell noted that they had begun the design path for the wooded lot across the street and had to pull the plug because of cost issues and unsuitability of the lot. Vice-Mayor Wallace asked Mr. Horrell what he could do to assure Council that the same scenario would not unfold with this new building, and that it would not be built with less expensive materials that would not look like the rest of the campus. Mr. Horrell asked if he was asking for a proffer of a brick facade. Vice-Mayor Wallace responded that he was asking for assurance. Mr. Horrell responded that he could confidently state that the exterior of the building would be consistent in manner with the two existing buildings. He noted that they do not have fully developed architectural plans yet; however, they had researched the needs of the owner to determine that this is the building that meets those needs. Councilman Holliday asked what the square footage of the proposed new building was. Mr. Horrell responded that the building would be about 4,000 on the first floor and about 6,000 on the upper floor for a total of just under 10,000 square feet. He added that the first building had a roof of standing seam black metal, which was a proffered condition at the time. The second building went to a black asphalt shingle. For cost reasons, he anticipates that this building will also be a black asphalt shingle roof. The intent is to do brick facing the Turnpike. The rest would be white siding. It would probably be brick up to windowsill level with siding above that. Vice-Mayor Wallace asked if there was any chance that it would be corrugated metal if costs exceeded expectations. Mr. Horrell noted that it would not be corrugated metal and that he was comfortable proffering this detail. The intent was that it would be consistent with the brick and white siding. Mr. Van Allman noted that Council could not have them proffer for a Special Exception but that they could have conditions for a Special Exception and that in addition, if they find the site did not have the campus feel or was not in compliance with that that Council could remove the Special Exception. Vice-Mayor Wallace asked what assurance could be given to Council that this would not bring back traffic problems that had been experienced in the past with the Boulevard facility. He noted that the original idea when the new campus was built was that the Boulevard facility would be shut down because of this issue. Mr. Horrell responded that the Boulevard facility had to be put back into use during Covid in order to spread the students out. The new building is needed due to increased enrollment and that the intent was to spend the money on this new facility rather than on continuing to use the Boulevard facility. Councilman Holliday asked what the projected enrollment was once the new building is complete. Mr. Horrell asked Ms. Vanderhoeven for this number. She indicated that 260 was the projected total enrollment. Vice-Mayor Wallace asked if traffic had been addressed for the additional vehicles that would be there in the morning and afternoon. Mr., Horrell responded that this had been taken into consideration and that one of the reasons that all traffic came in off of Corporate Boulevard was so as not to impact the residences across the street. He indicated that many of the families had multiple students attending and even though they would be serving additional students, the traffic would not increase in the same manner. He noted that the traffic pattern had been set up so that the vehicles could get in and out off of Corporate Boulevard easily. He indicated that another concern from back in 2011 was the hours of operation. There would not be evening or weekend hours and the facility is quiet and mostly dark in the evenings. Mr. Horrell also brought up one other modification to the previous conditions. This was in reference to a condition to preserve some trees when they previously requested to develop the wooded lot. By requesting to build the second building on the upper parcel, they do not necessarily need to strike the conditions on that triangular lot. They are comfortable agreeing to preserve those trees if Council feels this is necessary. Vice-Mayor Wallace asked if they would consider giving up the present Special Exception Permit for Boulevard so that it would be ensured that this did not return to a school again. Mr. Horrell responded that there was a timing issue and that they would have to get this one in operation. Ms. Vanderhoeven requested to speak. She shared that she lives in Botetourt County and owns the Salem Montessori School. She noted that it would not be financially feasible to keep that one open and that they would need to sell that property and invest in the new one. Vice-Mayor Wallace asked Mr. Van Allman if the existing Special Exception permit would transfer with it when they sell the property on Boulevard. Mr. Van Allman noted that the Special Exception permit would transfer with the property. Mr. Horrell noted that the property being looked at this evening was zoned residential and that it required a Special Exception permit to operate an educational facility but that he did not believe that there was a Special Exception Permit for the property on Boulevard and that it was zoned something other than residential. Vice- Mayor Wallace noted that there was something tied to the property on Boulevard as he recalled conversations about addressing that when they were experiencing all of the traffic issues upon the reopening of the facility on Boulevard. Mr. Van Allman noted that in general, Special Exception permits follow the property, but that Council still had the ability to remove the Special Exception. Vice-Mayor Wallace asked Mr. Van Allman to clarify that if Council approved the motion this evening and for some reason or unlikely event the building came back not meeting Council's expectations, that they would be able to pull the Special Exception permit. Mr. Van Allman responded that any member of Council would be able to bring this up and add it to an agenda for consideration. Mayor Turk closed the public hearing. Hunter Holliday motioned to approve the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1). Mr. Light noted that, if Council was amenable, staff recommended that they place some conditions on this motion. He indicated that in front of them they had a recommended motion which included those conditions. To memorialize the changes, as Mr. Horrell indicated it is recorded in the deed. Therefore, they need to amend that deed with the corrections. James Wallace motioned to make an amended motion to approve the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1) conditioned upon: 1. Amending condition A to reflect that the oak trees will remain, and other trees can be eliminated with the approval of City staff on Tract A as this is an existing condition on this parcel placed by Council in May of 2023. 2. Eliminating conditions B through F only. 3. Retaining conditions G through K. 4. Adding a condition that the height of the proposed building not exceed 20 feet of the height of the existing building on the property. 5. Recording of a Deed of Correction to modify the conditions to reflect the changes made by Council in granting this Special Exception Permit. Renee Turk seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones B. Resolution 1482- Reschedule October 15, 2024, Regular Council Meeting Consider Resolution 1482 rescheduling the October 15, 2024, Regular Meeting of City Council to October 7, 2024. Mayor Turk noted that the reason for this motion was that all of Council would be attending the Virginia Municipal League Conference in Virginia Beach; therefore, this meeting would need to be rescheduled. She noted that moving this meeting to October 7, 2024, would make the meeting a week earlier than it would normally occur. H. Hunter Holliday motioned to adopt Resolution 1482 to reschedule the October 15, 2024, Regular Meeting of City Council to October 7, 2024. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones C. Salem City School Board Consider setting date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of term for Nancy Bradley and Teresa Sizemore-Hernandez. (Suggest date of October 7, 2024). Vice-Mayor Wallace asked if it would compress the schedule too much or be a problem if this were backed up a little bit to give citizens that might have interest more time. Mr. Light indicated that the next meeting would be October 28th and then whatever process that Council determined to go through in selecting school board members would be followed. Vice-Mayor Wallace suggested that this would give the whole month of November for interviews and then they could make the appointment in December. Mayor Turk noted that the School Board members normally go to a training in early December, and that the appointment would need to be made prior to that. Vice-Mayor Wallace asked if this had been advertised in the paper yet soliciting applications. Mr. Light responded that no advertisement had been placed yet as the first step in the process was to set the public hearing date and then we would begin taking applications. Vice-Mayor Wallace noted that he felt this seemed a very short period in which to gather interested parties. Mr. Holliday noted that he was all for moving this out if they had time to do so. Mr. Foley noted as a reminder that this was a month from now and he did not feel that a month was too short. Discussion was held among Council on the length of time that was available, the training that school board members attended, and when the advertisement would need to run as required by Virginia Code. Mr. Light noted that the advertisement needed to run at least seven days prior to the public hearing. Mr. Foley reminded those in attendance for the record that October 7 would be the deadline for applications to be received and that interested citizens were not required to speak. Mr. Light confirmed that per Code, anyone that is subsequently appointed, their name has to be read at that public hearing. James Wallace motioned to set the public hearing on the appointment of school board members for October 7, 2024, during the regular Council meeting, provide public notice, and accept letters of interest and resumes from interested applicants for naming at this public hearing. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones D. Appropriation of Funds Consider request to amend the School Operating Fund and School Capital Projects Fund budgets as approved by the School Board on August 13, 2024. Audit - Finance Committee Vice-Mayor Wallace noted that this item was a housekeeping item for the School's budget from the last fiscal year. James Wallace motioned to approve the School Board’s appropriation change of $3,400,000 to the School Operating Fund and $6,000 to the School Capital Projects Fund as approved by the School Board at their August 13, 2024, meeting for fiscal year 2023-2024. The change in the School Operating Fund reflects the net of an increase in revenues received from the State for an online school program called STRIDE and a decrease in State revenues to reflect lower than budgeted enrollment. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones E. Allman E&S Plan Consider setting bond for erosion and sediment control for the Allman E&S Plan. Audit - Finance Committee Vice-Mayor Wallace noted that this item pertains to a rather large house that will have a large amount of soil disruption, so it was the recommendation of Community Development that the property be bonded for all of the disturbance that would be taking place. James Wallace motioned to bond erosion and sediment control for the Allman E & S Plan located at 2640 Franklin Street in the amount of $6,292.00 with a time frame for completion set at twelve (12) months. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones F. Savory Ventures Salem Consider setting bond for erosion and sediment control and landscaping for Savory Ventures Salem. Audit - Finance Committee Vice-Mayor Wallace noted that this pertains to the new food court that was going in on 4th Street. James Wallace motioned to bond erosion and sediment control and landscaping for the Savory Ventures Salem Plan located at 600 W. 4th Street Blk. in the amount of $4,125.00 with a time frame for completion set at twelve (12) months. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones G. Appropriation of Funds Consider request to appropriate fund balance to replenish Contingency. Audit - Finance Committee Vice-Mayor Wallace noted that there was a large use of contingency funds that was unexpected, so the request was to replenish that. Additional funding was needed to complete projects at Salem Memorial Park including replacement of netting and wall pads. Funding of $217,698 was transferred from Contingency in order to fund these projects and allow work to proceed. To replenish the amount budgeted in Contingency, $217,698 needs to be appropriated from the General Fund balance. Appropriating fund balance to replenish the Contingency budget ensures adequate funds are available if needed in fiscal year 2025. James Wallace motioned to appropriate $217,698 to the Designation of Beginning Fund Balance account, and increase the budget in the Contingency account by $217,698. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones H. City Holiday Consider the addition of Tuesday, December 24, 2024, as a City holiday for employees and closing City offices. Mayor Turk noted that this had been discussed with City Manager Dorsey and that Council was trying to make sure they thanked the employees for their hard work and give them time off. This year this would be Christmas Eve. She asked that staff make sure to distribute this information to employees. Vice-Mayor Wallace asked if this would replace the floating holiday. Mr. Dorsey responded that this would be considered later this year with the consideration of the Administrative Calendar. Mr. Light noted that in individual discussions that City management had with Council members, this would be an added holiday. The floating holiday will become a set holiday at some point in the year where it makes the most sense. Staff will come back to Council with the Administrative Calendar for all of the holidays. H. Hunter Holliday motioned to add Tuesday, December 24, 2024, as a City holiday for employees and closing City offices. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 7. Adjournment Mayor Turk noted that Olde Salem Days will be held this coming Saturday. She encouraged everyone to take the shuttle from the Civic Center and ride over as shuttles are constantly running. She asked citizens to spread the word. Ms. Jordan asked Barney Horrell, past chairman of the Olde Salem Days Committee, to speak about Olde Salem Days with information and to encourage people to come out. Barney Horrell, on behalf of the Rotary Club, thanked Council for their continued support of this event. He indicated that they had received a heavy registration, consistent with last year and even exceeding last year slightly. He noted a little bit of a challenge because of street work and ongoing construction that had required shifting people around. He asked for the patience of patrons and crafters. Council asked to confirm the beginning time of the event. Mr. Horrell responded that the shuttles begin a little bit later around 9:00, but that citizens may come down to begin shopping around 8:30 a.m. The meeting was adjourned at 7:23 p.m.