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HomeMy WebLinkAbout6/24/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, June 24, 2024, 6:30 PM Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION WORK SESSION IS CANCELLED FOR JUNE 24, 2024 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 (participated remotely); James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with James W. Wallace, III, Vice-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; Clark Ruhland, Communications Specialist; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Vice-Mayor Wallace requested that Mr. Light read a request from Mayor Turk to participate remotely in this Council meeting. The request from Mayor Turk stated: "in accordance with Section 2.2-3708.3 B(4) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a personal matter, specifically being that I am out of town." Randy Foley motioned to accept the remote participation of Mayor Turk. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Wallace Abstain: Turk Randy Foley motioned to amend the agenda to make a School Board appointment after the Closed Session tonight. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 3. Bid Openings, Awards, Recognitions There were none this evening. 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. Caroline Bain, 721 Academy Street, expressed concerns for safety, traffic, parking, and sidewalks with the HopeTree rezoning plan. She referenced the Balzer Traffic Study. Ms. Bain asked for an adequate parking plan and that only the portion of the property that Stateson is buying be rezoned. Ronald and Matthew Thompson, 1000 W. Riverside Drive, expressed continued concern in relation to trees falling on their property. He shared concerns about Balzer's plans in relation to this situation. They also referenced City Code Section 94-3 in relation to the problem with trees falling on their property. Matthew Thompson requested that Council remind City Staff of their duty to enforce City Codes and noted that they would go make another complaint about neighbors having trees in danger of falling on their property. Nancy Reynolds, 925 Saddle Drive, spoke to Council in rebuttal of statements from the previous Council meeting and encouraged Council to vote against the PUD. She also referenced notice requirements for rezoning items. Anne Lee Stevens, 831 Honeysuckle Road, spoke requesting that Council delay the vote on the second reading for the HopeTree development and refer the plan back to the developer to provide Council more information with which to assess options. She specifically asked that the developer be asked to provide population and square footage estimates of the specific land use that will be reflected in the plan and that a comparison would be made considering existing revenue, schools, real estate assessments, cost of city services, and infrastructure. John Breen, 142 Bogey Lane, noted clarifications to comments that were made in the previous Council meeting. He requested that Council members follow proper Council meeting decorum. He also spoke on the Virginia Maintenance Code and submitted a draft ordinance and requested that the City Manager review and recommend that Council consider adoption of the Virginia Maintenance Code by Council's first October meeting. B. Minutes Consider acceptance of the June 10, 2024, Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the Zoning Ordinance Consider adoption of ordinance on second reading for the request of Virginia Baptist Children's Home (dba HopeTree Family Services), property owner, for rezoning the properties located at 1000 block Red Ln and a portion of 860 Mount Vernon Lane (Tax Map #'s 41-1-1, 41-1-2, 41- 1-3, 41-1-4, 41-1-5, 41-1- 6, and a portion of 44-3-10) from RSF Residential Single Family to PUD Planned Unit District. The public hearing was held at the May 13, 2024, meeting. The ordinance was adopted on first reading at the June 10, 2024, meeting. Hunter Holliday shared that he had received many emails and phone calls in reference to this item and that he felt that Council should postpone this vote until all members of Council could be present to make a vote. Hunter Holliday motioned to table the vote on this item until all Council members are present for the vote. Vice-Mayor Wallace noted that this seemed to be what the citizens were asking for and that he would second the motion for that reason. Mayor Turk noted that she had read every single email, downloaded every attachment, met with citizens, and called citizens that wanted to discuss points with her and that her vote would be the same regardless of her physical location. Councilman Holliday stated that he felt that the only winners in this were HopeTree and Statesman Homes. He felt that the citizens of Salem would be the losers because of unknowns with traffic, unknowns about filling the commercial spaces, the density of development, potential infrastructure issues, and the ultimate cost to the City of Salem. He referenced Ms. Stevens' remark about the impact if the property value declined for nearby homes. Mr. Light noted that according to City Code 106-228.4, Council must approve or deny within 90 days of a Planning Commission action, which was April 10th. This would put the deadline for Council action at July 9th. This would mean that the ordinance would have to be considered on second reading at the next July meeting if Council approved this motion. City Manager Dorsey clarified that the motion was to table the item until all Council members were present but that this would have to be the next July meeting. Hunter Holliday motioned to table the vote on this item until the next meeting. James Wallace seconded the motion. Ayes: Holliday, Wallace Nayes: Foley, Jones, Turk Randy Foley motioned to adopt ordinance on second reading for the request of Virginia Baptist Children's Home (dba HopeTree Family Services), property owner, for rezoning the properties located at 1000 block Red Ln and a portion of 860 Mount Vernon Lane (Tax Map #'s 41-1-1, 41-1-2, 41-1-3, 41-1-4, 41-1-5, 41-1-6, and a portion of 44-3-10) from RSF Residential Single Family to PUD Planned Unit District. Mayor Turk repeated that she had read every single email or item that had been sent and had sent responses. She emphasized that everything has been looked at and evaluated. She expressed appreciation to the citizens for their time and for sending this information to her. William Jones seconded the motion. Ayes: Foley, Jones, Turk Nays: Holliday, Wallace 6. New Business A. Special Exception Permit Hold public hearing to consider the request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map # 120 – 6 - 3). (Advertised in the June 13 and June 20, 2024, issues of the Salem Times-Register). (Planning Commission recommended denial; see page 4-8 of Planning Commission minutes.) STAFF REPORT Vice-Mayor Wallace opened the public hearing. Laura Richards, 332 Pennsylvania Avenue, shared that she would not repeat the concerns that had been voiced at the Planning Commission public hearing as she was aware that Council had access to those minutes and the opportunity to review those. She noted that the neighborhood still stands behind those statements, most notably the concerns regarding the safety of the community that stem from the transient nature of the tenants, the volume of tenants created by three short-term rentals on one lot, and the way in which the LLC has conducted business since purchasing the property. They are asking for this request to be denied. Karen Walker, 352 Pennsylvania Avenue, spoke in support of the comments made by Ms. Richards. She spoke of the community feeling of the neighborhood and asked that Council deny this request. Mr. Light noted that this tax map parcel number consists of two plated lots. If Council is of the intent to approve this request, staff respectfully suggests that this be conditioned on combining those two lots under one tax map parcel because the potential exists for the second lot that a duplex could go on that as well. Vice-Mayor Wallace closed the public hearing. Mayor Turk noted that she was in attendance at the Planning Commission meeting at which this was considered. She expressed appreciation for the citizens that had stepped up to speak on this and that the information that they provided was important to the Planning Commission. She noted that Council had been able to go through and evaluate the information in the Planning Commission minutes and that they have an understanding of the situation in the neighborhood. Randy Foley motioned to deny the request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map # 120 – 6 - 3). H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Regional Fire Training Agreement Consider authorizing the City Manager to finalize and execute an intergovernmental agreement for the operation of the Regional Fire Training Center. Randy Foley motioned to authorize the City Manager to finalize and execute an intergovernmental agreement for the operation of the Regional Fire Training Center. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Miscellaneous Fees - Resolution 1474 Consider the adoption of Resolution 1474 which rescinds Resolution 1472 adopted on June 10, 2024, and provides corrections to the Miscellaneous Fees for 2024-2025. Vice-Mayor Wallace noted that this item is a housekeeping measure. James Wallace motioned to adopt Resolution 1474 which rescinds Resolution 1472 adopted on June 10, 2024, and provides corrections to the Miscellaneous Fees for 2024-2025. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter pertaining to School Board appointments. James Wallace motioned that, in accordance with Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:16 p.m. for the purpose of discussing the following specific matters: To discuss a personnel matter pertaining to School Board appointments. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Councilman Foley reminded everyone that Council had amended the agenda and that they would be taking action coming out of the closed session. Vice-Mayor Wallace confirmed this information and noted that Council would be appointing someone at the end of tonight's meeting. James Wallace motioned to reconvene at 7:24 p.m. in accordance with Section 2.2- 3712 D. of the Code of Virginia, 1950 as amended to date, Council 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. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Randy Foley motioned to appoint Macel Janoschka to the Salem City School Board effective July 1, 2024. Mayor Turk noted that Council had excellent applicants for this position and that hopefully they would consider submitting again when other positions become open as they all had a lot to contribute to the Salem School system. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment Council congratulated Ms. Janoschka and welcomed her to the School Board. The meeting was adjourned at 7:26 p.m.