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HomeMy WebLinkAbout3/24/2014 - City Council - Minutes - RegularMarch 24, 2014 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on March 24, 2014, at 7:30 p.m., there being present the following members of said Council, to wit: John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst (Byron Randolph Foley – absent); with John C. Givens, Vice Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, 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; and Stephen M. Yost, City Attorney; and the following business was transacted: The March 10, 2014, work session and regular meeting minutes were approved as written. Vice Mayor Givens reported that this date and time had been set to hold a public hearing and consider the request of the City of Salem, contract purchaser, and TANN Investments, LLC, and John D. Kelly, property owners, for the issuance of an Use Not Provided for Permit to allow academy housing units for Cardinal Criminal Justice Academy on the property located at 912 Central Avenue (Tax Map #182-2-5); notice of such hearing was published in the March 5 and 12, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held March 12, 2014, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel approximately 130 feet long and 50 feet wide; it is located north of Mulberry Street and is on the west side of Central Avenue just across the street from the Cardinal Criminal Justice Academy; the property is currently occupied by a single family dwelling; the request is for an Use Not Provided for Permit to allow academy housing units for the Cardinal Criminal Justice Academy located at 917 Central Avenue; Cardinal Academy is a regional police training academy that serves 36 agencies in this area responsible for a little over 1300 officers that serve those agencies; the purpose of the Academy is to provide entry-level, in- service and specialized training to law enforcement, jailor, courtroom security, civil process and dispatcher personnel employed by member agencies; several of the member agencies have a 1.5- to 2-hour commute each way when attending training; the dwelling would be used to house 8 to 12 students from Sunday through Thursday, thereby relieving some of the hardship on these member ITEM 1 USE NOT PROVIDED FOR PERMIT APPROVED TO ALLOW ACADEMY HOUSING UNITS FOR CCJA ON THE PROPERTY LOCATED AT 912 CENTRAL AVENUE (T/M 182- 2-5) 2 agencies; and in addition, the Academy would have a policy that would strictly regulate the students’ activities while staying in the residence; and WHEREAS, Carl Vickers, Director of Cardinal Criminal Justice Academy, appeared before Council in support of the request; he stated that bunk beds would be placed in the bedrooms; he further stated that there will be a policy set forth that would include that lights out at 10:00 p.m. with the television off by 11:00 p.m., no alcohol consumption would be allowed on the premises, and a violation of any of the rules would result in being expelled from the academy and loss of employment; the residence would normally be occupied Mondays through Wednesdays; there may be someone who will drive up on Sunday, and the majority would leave on Thursday after class and drive back; he stated that there may be an occasional situation where someone may be in the residence on a Sunday, or possibly on a weekend if an instructor needed to stay there; and WHEREAS, the Director of Planning and Economic Development noted that all students would be required to park in the parking lot of the Academy and not on the street; therefore, not taking parking on the street from the residents; and WHEREAS, Mr. Vickers stated that parking would also be addressed in the policy and that no one would even be allowed to park in the driveway associated with the property; and WHEREAS, Councilwoman Garst questioned how academy-style housing is defined; and WHEREAS, the Clerk of Council stated that a potential definition could be “temporary, residential housing for enrollees in a criminal justice academy while attending the academy;” further clarification could be that it is not a hotel/motel or a home-stay inn; and WHEREAS, Councilwoman Garst questioned if Ms. Foster and Ms. Bates had any additional comments after requesting additional details; and WHEREAS, Mr. Vickers stated that he and Chief Dudley spoke with Ms. Foster and Ms. Bates after the meeting and their concerns were addressed; and WHEREAS, Councilman Jones questioned who will be responsible for the upkeep of the residence; and WHEREAS, Mr. Vickers stated that the Academy would be responsible for the upkeep of the property; and 3 WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of the City of Salem, contract purchaser, and TANN Investments, LLC, and John D. Kelly, property owners, for the issuance of an Use Not provided for Permit to allow academy housing units for Cardinal Criminal Justice Academy on the property located at 912 Central Avenue (Tax Map #182-2-5) was hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. WHEREAS, the City Attorney noted that since the Use Not Provided For Permit request has been approved, Council will consider at its next meeting, the approval of the actual contract; a public hearing for the lease/purchase will be held, and then Council will consider the purchase as well as the transfer (lease/purchase) of the property to the Academy; once those things have been done, then the sale can be completed. Vice Mayor Givens reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading regarding the request of Lance B. and Debra M. Duncan, property owners, and Tarpley-Graham, LLC, contract purchaser, for rezoning two parcels located in the 2800 block of Franklin Street (Tax Map numbers 271-1-1 & 190-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with amended conditions; notice of such hearing was published in the March 5 and 12, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held March 12, 2014, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of two parcels of land totaling approximately 34.5 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 two parcels was approved by the Commission at its October 16, 2013, meeting and subsequently by City Council at its November 12, 2013, meeting; the contract purchaser/developer is requesting an amendment to the existing PUD to allow for the modification of the density and open space standards within the PUD development regulations; the request is to modify the maximum number of residential lots from 15 to 18, which is an increase of three lots; and all other ITEM 2 ORDINANCE PASSED REZONING TWO PARCELS LOCATED IN THE 2800 BLOCK OF FRANKLIN STREET (T/M 271-1-1 & 190- 1-1) FROM PUD WITH CONDITIONS TO PUD WITH AMENDED CONDITIONS 4 standards remain the same as was originally approved; and WHEREAS, Sean Horne with Balzer and Associates, appeared before the Council in support of the request; he stated that further evaluation of the property has been done, and it has been determined that the maximum number of lots needs to be increased in order for the project to be successful; without the increase in the number of lots, the project will not move forward; the sellers need to make a little more from the deal in order to make their part happen, and the construction costs need to be offset by the additional lot sales; he stated that the request is a financial and development situation; he noted that none of the other proffered conditions is changing—open space, road design standards, and water/sewer, etc. remain the same as in the additional request; and WHEREAS, a discussion was held regarding the amount of open space on the development; it was noted that there will be a minimum of 12 acres of open space within the development; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance regarding the request of Lance B. and Debra M. Duncan, property owners, and Tarpley-Graham, LLC, contract purchaser, for rezoning two parcels located in the 2800 block of Franklin Street (Tax Map numbers 271-1-1 & 190-1-1) 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 – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Givens requested that Council consider adopting Resolution 1248 setting the allocation percentage for personal property tax relief for the 2014 tax year; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that in December 2005 Council adopted an ordinance enacting the Personal Property Tax Relief Act (PPTRA) that provides relief to owners of personal use motor vehicles; the City uses the “Specific Relief” method to allocate the relief at the same percentage across the board to the first $20,000 of personal use vehicle value; the Commonwealth requires City Council to adopt a resolution annually setting the percentage reduction in personal property; the rate computed using the PPTRA Allocation Model for 2014 is ITEM 3 RESOLUTION 1248 ADOPTED SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF FOR THE 2014 TAX YEAR 5 63.80%; the Committee recommends adoption of Resolution 1248 setting the allocation percentage for personal property tax relief at 63.80% for 2014; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1248 setting the allocation percentage for personal property tax relief for the 2014 tax year was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Givens requested that Council consider adopting Resolution 1249 allowing LifeCare Medical Transports to establish a Transport Medical Services Agency; and WHEREAS, the City Manager stated that LifeCare Medical Transports is a Salem business that provides transports from hospitals and nursing homes; generally non-emergency transports in this area; he noted that Council has approved two similar resolutions—one for American National University due to the courses offered, and one for the Salem Red Sox baseball team because it employes two EMTs to work the baseball games; the enabling resolution is required by the state in order for the agency to operate; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1249 allowing LifeCare Medical Transports to establish a Transport Medical Services Agency was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – absent. Vice Mayor Givens requested that Council consider request to accept and appropriate donation received from the Salem Lions Club; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee reported that the City has received a donation from the Salem Lions Club in the amount of $5,500 for the DARE program; the DARE program often receives donations from individuals and civic groups that provide valuable resources to supplement local funding; donations fund the purchase of promotional and handout material used to reinforce the message DARE Officers are teaching the children; the Committee recommends acceptance and appropriation of a donation received from the Salem Lions Club; the Committee also recommends that any donations not expended in the fiscal year received be administratively appropriated in the subsequent fiscal year;` ITEM 4 RESOLUTION 1249 ADOPTED ALLOWING LIFECARE MEDICAL TRANSPORTS TO ESTABLISH A TRANSPORT MEDICAL SERVICES AGENCY ITEM 5 DONATION ACCEPTED AND APPROPRIATED FROM SALEM LIONS CLUB 6 ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, acceptance and appropriation of a donation in the amount of $5,500 from the Salem Lions Club for the DARE program was hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Givens requested that Council consider request to accept and appropriate the Virginia Commission for the Arts Local Government Challenge Grant; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee reported that the City has been awarded a grant totaling $5,000 from the Virginia Commission for the Arts through the Local Government Challenge Grant for 2013-2014; grants funds will be given to the Salem Museum & Historical Society; this grant requires a local match of $5,000 so that the payment recipient is $10,000; the City will use the $5,000 from the original allocation for the Salem Museum as the match for this grant; the Museum proposed to use these funds to establish a local arts festival to take the place of the Art in the Alley event; the Committee recommends acceptance and appropriation of the Virginia Commission for the Arts grant; and WHEREAS, it was noted that the event will be held sometime toward the end of summer, but a specific date for the event has not been decided; the event will be held at the Salem Museum; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, acceptance and appropriation of the Virginia Commission for the Arts Local Government Challenge Grant in the amount of $5,000 was hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. ITEM 6 VIRGINIA COMMISSION FOR THE ARTS LOCAL GOVERNMENT CHALLENGE GRANT ACCEPTED AND APPROPRIATED 7 Vice Mayor Givens requested that Council consider report regarding bids received for construction of the Salem Wood Apartments Storm Sewer Rehabilitation – Phase I and consider awarding contract; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that the City received bids for the Salem Wood Apartments Storm Sewer Rehabilitation – Phase I on February 24, 2014; the City Engineer’s Office reviewed the seven bids received and found all bids consistent with plans and specifications; the Committee concurred with the Engineering Department and recommends acceptance of the low bid of King’s Hauling & Excavating, Inc. in the amount of $318,932.83; and WHEREAS, the City Engineer stated that one of the storm water problems in the city has been the area of Salem Wood Apartments; it is a storm sewer system that runs through Franklin Street that is not at adequate capacity; the project will begin at Franklin Street and, with permission of the apartment complex, a large 36-inch concrete pipe will be placed down to the creek which will improve capacity approximately four to five times; the amount of over -flow flooding that crosses Franklin Street and goes through the apartment complex causing damage should be reduced; he further stated that the City has been working with the apartment complex for almost two years to alleviate concerns, easements have been recorded, and apartment representatives have attended all meetings; the project is hoped to be completed this summer in possibly a two-three month time frame; the current pipe in place will be left intact; this is Phase I of the project and it is planned with city forces as time and maintenance money permit, to move up the storm drain line and either replace existing catch basins and curb basins, and upside pipes further up the line; the current project is approximately 80 percent of the job planned; and WHEREAS, Councilman Jones commended the City Engineer for his efforts in this project; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the low bid from King’s Hauling & Excavating, Inc. in the amount of $318,932.83 for the Salem Wood Apartments Storm Sewer Rehabilitation – Phase I project was hereby accepted -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Givens requested that Council consider appointments to fill vacancies on various boards and commissions; ITEM 7 CONTRACT AWARDED TO KING’S HAULING & EXCAVATING, INC. FOR SALEM WOOD APARTMENTS STORM SEWER REHABILITATION – PHASE I PROJECT ITEM 8 KATHLEEN MANSON REAPPOINTED TO FAIR HOUSING BOARD; JIMMY ROBERTSON REAPPOINTED TO REAL ESTATE TAX RELIEF REVIEW BOARD 8 ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Kathleen H. Manson was hereby reappointed to the Fair Housing Board for a three -year term, said term will expire May 10, 2017; and Jimmy W. Robertson was hereby reappointed to the Real Estate Tax Relief Review Board for a three-year term, said term will expire February 14, 2017 -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. There being no further business to come before the Council, the same on motion adjourned at 7:57 p.m.