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HomeMy WebLinkAbout3/27/2023 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, March 27, 2023, 6:30 PM Work S es s io n 5:45 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON 1.C all to Order 2.New Business A.Discussion I tems 1) Annual Presentation - J ohn Hull, Executive Director of the Roanoke Regional Partnership 2) Follow-up on requests/comments at previous meetings. 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. B.Minutes C onsider acceptance of the March 13, 2023, Work Session and Regular Meeting minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the eight months ending February 2023. 5.Old Business 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Michael O. Garst and Alan L. Garst, property owners, for rezoning the property located at 907 Florida Street (Tax Map # 185-5-9) from HBD Highway Business District to RSF Residential Single Family. (Advertised in the March 9 and 16, 2023, issues of the Salem Times- Register). Planning C ommission recommended approval. See page 2 of the March 15, 2023, minutes. STAFF REPO RT B.Special Exception P ermit Hold public hearing and consider the request of Daniel N Suggs Excavating & Grading, Inc., property owner, and A M Transportation of Roanoke, LLC , contract purchaser, for the issuance of a Special Exception Permit to allow a truck parking facility on the property located at 2730 West Main Street, (Tax Map # 174-5-1). (Advertised in the March 9 and 16, 2023, issues of the Salem Times-Register). Planning Commission recommended denial. See page 3 of the March 15, 2023, minutes. STA FF REPO RT C .L aw Library F ee C onsider ordinance repealing City of Salem Law Library Fee. 7.Adjournment Item #4B Date: 3/27/2023 City Council Meeting MINUTES Monday, March 13, 2023, 6:30 PM Work Session 5:45 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 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 March 13, 2023, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor (participated remotely); Council members; Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; A.K. Briele, Director of Electric Department; Crystal Williams, Assistant to the City Manager; 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 Electricity Contract Overview Work Session WHEREAS, A. K. Briele, Director of the Electric Department, presented an overview of the City's electricity contract. He shared a history of Salem's electric contracts dating back to 1891. He noted the deregulation of Wholesale Electric Markets in the 1990s. The current 20-year full requirements contract, which was signed with AEP in 2006, expires in July 2026. Other players and options to consider in negotiating a new contract beyond 2026 were shared with Counci l for their consideration. Discussion was held and questions answered by Mr. Briele and Ms. Jordan. Next steps of the process were presented. The Request for Proposal process is in the beginning stages now and it is anticipated that this will go out for bids in late spring or early summer; and WHEREAS, Mr. Light shared with Council for their information, that as Salem no longer has a Law Library, an ordinance needs to be adopted as a housekeeping item in order to remove the current fee of $4 per Civil Case. This will be presented as an item for their approval at the March 27, 2023, Council Meeting; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:29 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 6:32 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor (participated remotely); Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, 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 Vice-Mayor Wallace to participate remotely in this Council meeting. The request from Vice-Mayor Wallace stated: "In accordance with 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 that I am out of town.” Randy Foley motioned to accept the remote participation of Vice-Mayor Wallace. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk Abstain: Wallace 3. Bid Openings, Awards, Recognitions Mayor Turk recognized and welcomed a Roanoke College Policy class taught by Cody Sexton. She encouraged them to speak to a sta ff member after the meeting was concluded. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. Stella Reinhard, 213 North Broad Street, addressed Council. She expressed the importance of recognizing and preserving open or green spaces as they potentially come open for sale. She noted Salem iconic landmarks at the top and bottom of the North Broad Street neighborhood, specifically, the Farmer's Market, City Hall, and the Hope Tree land. She also offered specific suggestions for improvements that could be done to enhance these locations. She requested that consideration be given by Council to future plans and that funding be included to restore historic buildings and open spaces in Salem. B. Minutes Consider acceptance of the February 13, 2023, Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Report Consider the acceptance of the Statement of Revenues and Expenditures for the seven months ending January 2023. The financial reports were received. 5. Old Business There was no old business this evening. 6. New Business A. Taxicabs Hold public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, and consider issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2023. Date set for public hearing at February 13, 2023 meeting. (Advertised in the February 23, 2023 issue of the Salem Times-Register.) Mayor Turk noted that the applications had been reviewed by the Police Department and no issues were found. This was confirmed by Mr. Light. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. For the benefit of the those present, Mayor Turk noted that companies that wished to operate a Taxicab or Limousine service in the City of Salem were required to submit an application, the application must be reviewed by the Police Department, and Council must approve them for operating in the City of Salem for the next year. Mr. Light noted that three applications were received this year: one from Bennett Early, doing business as B. Early Cab Service, LLC; one from Daniel Reid, doing business as Reid Taxi, and one from Jordan Sneed, doing business as Spartan VIP Limousine Service, LLC. William Jones motioned to award Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2023, to B. Early Cab Service, LLC, Daniel Stephen Reid, trading as Reid Taxi, and Jordan Johnson Sneed, trading as Spartan VIP Limousine, LLC. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the Zoning Ordinance Hold public hearing and conduct first reading to consider the request of Friendship Salem Terrace, LLC, contract purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map # 128-1-5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map # 128-1-13) for rezoning the properties from RMF Residential Multifamily District, with conditions to HBD Highway Business District, with conditions. (Advertised in the December 22, 2022, issue of the Salem Times- Register) (Item tabled at the February 15, 2023, Planning Commission meeting.) Staff recommends Council table this item. Mayor Turk noted that it has been requested and suggested by staff that Council table this item. There has been no movement on this item. Mr. Foley asked staff to clarify if the applicant was not proceeding or if the City was still working through the process and there were still questions that needed to be answered before proceeding. Mr. Taliaferro clarified that there are still questions that Community Development is working on internally. At this point, they are doing their due diligence before moving forward. Mr. Van Allman confirmed this. William Jones motioned to table this item. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Resolution Approving Settlements of Opioid -Related Claims Consider adoption of Resolution 1445 approving the City of Salem's participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the City Attorney and/or the City’s outside counsel to execute the documents necessary to effectuate the City’s participation in the settlements, including the required release of claims against settling entities. Mayor Turk noted that this is a resolution that is being put out state- wide and many other municipalities are doing the same. Mr. Foley asked if the dollar amount is known, Mr. Guynn stated that this information is not known yet. Mr. Jones asked Mr. Guynn if there was any estimate of when the amount will be known. Mr. Guynn stated that it would likely be within the next four to six weeks. William Jones motioned to adopt Resolution 1445 approving the City of Salem's participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and to direct the City Attorney and/or the City’s outside counsel to execute the documents necessary to effectuate the City’s participation in the settlements, including the required release of claims against settling entities. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Olde Salem Days 2023 Consider adoption of Resolution 1446 closing Main Street on Saturday, September 9, 2023. Mayor Turk noted that this is a yearly activity the City holds where the Rotary Club works the Main Street area with car shows and different craft booths. Mr. Taliaferro echoed that this is done each year and that the City is thankful to Rotary for being our co-sponsor. Randy Foley motioned to adopt Resolution 1446 requesting the Virginia Department of Transportation (VDOT) approve City Council’s request for the temporary closure of Main Street on September 9, 2023, for the Olde Salem Days event. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to appropriate downtown improvement reserve funding in the Capital Projects Fund. Audit - Finance Committee James Wallace motioned to appropriate $50,000 from the General Fund revenue account for capital projects to the Downtown Improvements Reserve expenditure account. These funds were budgeted in the current year for this purpose. William Jones secon ded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Appropriation of Funds Consider request to adjust the Civic Center Operating budget. Audit - Finance Committee Mr. Foley noted for the benefit of the students that this is a bookkeeping item, not a new expense, to make sure that everything is accounted for. James Wallace motioned appropriate $300,000 in the Show Revenue Account and increase the budget for the Show Expenses Account by $300,000 for the Civic Center to reflect increased revenues and expenditures compared to those budgeted. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to amend the School Grants Fund, Cafeteria Fund and Capital Projects Fund budgets. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation changes to increase revenues and expenditures in the School Grants Fund by $133,000, increase revenues and expenditures in the School Cafeteria Fund by $49,186, increase revenues and expenditures in the School Capital Projects Fund by $7,000, as approved by the School Board at their February 14, 2023, meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to accept and appropriate Local Law Enforcement (LOLE) Grant Funds. Audit - Finance Committee Mayor Turk remarked that she believed these funds were to be used for equipment. Mr. Taliaferro confirmed that this was correct and that this would be used for an audio speaker. James Wallace motioned to accept a $1,139 grant from Virginia Department of Criminal Justice Services and appropriate $1,139 in grant revenue to the Police Federal Grants Revenue Account and $1,139 to the Grant Expenditure Account. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. Appropriation of Funds Consider request to accept and appropriate the Community Flood Preparedness Fund (CFPF) Grant. Audit - Finance Committee Mayor Turk asked to clarify the match amount. Mr. Van Allman clarified that it is a twenty-five percent match. Mayor Turk commented that having a plan such as this in place enables the City to be eligible for other grants that may come up because we have an emergency plan in place. Mr. Van Allman confirmed this and shared that it is a requirement that we have a resiliency plan and that this gives the City strategies on how to approach mitigation grants for the City as well as Stormwater grant funding. James Wallace motioned to accept a $59,221 Community Flood Preparedness Funds (CFPF) Grant and appropriate $59,221 in State Grant revenue to State Grants -Capital Projects account and $19,741 to the Transfer from the General Fund account. Appropriate $78,962 to Flood Mitigation account. Also, transfer $19,741 from the Community Development department’s Engineering and Architectural Services account to the Transfer to Capital Projects account to fund the required local match. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace J. Appropriation of Funds Request to accept and appropriate Smart Scale Funding for Downtown Improvements. Audit - Finance Committee Mr. Jones requested that Mr. Van Allman speak on Smart Scale Funding for the benefit of the college students. Mr. Van Allman shared that essentially the goal of the Virginia Department of Transportation is transportation, but that this can also be nonvehicular and include trails, electric bikes, walking, and regular bikes. In other words, they fund nonmotorized transportation. The City's Downtown Plan incorporates nonmotorized transportation; therefore, the City applied for grant funding and awards were made based on need and scoring. The City was awarded 2.3 million dollars to work on the Downtown Plan. Mayor Turk further noted the Cody Sexton, the class instructor for the Policy class from Roanoke College, serves on the TPO, (Transportation Planning Organization), a regional organization, along with herself and soon to be Mr. Holliday. They meet monthly to discuss using this funding for various projects across the region. She further noted that this part of the project will pick up at the library and extend down to Market Street. She expressed appreciation for Mr. Sexton's participation and noted that he is very active on this Board. James Wallace motioned to accept Smart Scale funding of $2,311,825 and appropriate $2,311,825 to the Capital Projects Federal Revenue account and to the Downtown Improvement – E Main St/White Oak Alley to Market St expenditure account. No local match is required. These funds will allow for the completion of this section of the Downtown Improvement project. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace K. Roanoke College ESC Plan Consider setting bond for erosion and sediment control for Roanoke College ESC Plan. Audit-Finance Committee Mayor Turk noted the location is on the west side of the Elizabeth Campus above the Chubb Building. Mr. Wallace prefaced the motion by noting that the College is planning to construct a garden on Elizabeth Campus and no structures are included in this plan. James Wallace motioned to approve bonding in the amount of $10,969.00 for erosion and sediment control for Roanoke College ESC Plan, located at 957 Kime Lane/324 Idaho Street with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace L. New Metal Building - 71 St. John Road Consider setting bond for erosion and sediment control and landscaping for New Metal Building - 71 St. John Road. Audit- Finance Committee James Wallace motioned to approve bonding in the amount of $16,170.00 for erosion and sediment control and landscaping for New Metal Building located at 71 St. John Road with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace M. Carter Machinery Wash Bay Consider setting bond for physical improvements and erosion and sediment control for Carter Machinery Wash Bay. Audit-Finance Committee James Wallace motioned to approve bonding in the amount of $20,671.00 for physical improvements and erosion and sediment control for Carter Machinery Wash Bay, located at 1330 Lynchburg Turnpike with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace N. Boards and Commissions Consider appointments to various boards and commissions. Mayor Turk encouraged citizens to check the City Website for any openings on Boards that they might be interested in serving on. Randy Foley motioned to recommend H. Hunter Holliday to replace Bill Jones for the remainder of a three-year term ending June 30, 2023, to the Roanoke Valley Transportation Planning Organization (TPO) Policy Board. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace O. Performance Agreement - STS/APG Consider preliminary approval of Performance Agreement, authorization of City Manager to finalize agreement upon final execution by EDA, and direction of staff to shop loan options - SUPPLEMENTAL ITEM Mayor Turk stated that there is an item that Council needs to add to the agenda this evening related to the Green Glass project that was approved this past Friday. Bill Jones motioned to add discussion of item 6O to the agenda for this evening. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk expounded on the Green Glass Project and explained that Friday morning the Economic Development Authority had preliminarily approved a Performance Agreement with STS (mother company of the Adler Pelzer Group) for the GE building. This is a company that will come in and press plastic cab forms for the Volvo Truck Company and Mack Truck. In order to do this, the Economic Development Authority had to approve moving forward with a loan, and we need to allow staff members to move forward with obtaining loans or bonds for the project. If Council is amenable, the City of Salem will match a grant by the state of Virginia of $500,000 that the state has approved for this company. Randy Foley motioned to preliminarily approve Performance Agreement for STS/APG, authorize the City Manager to finalize agreement upon final execution by EDA, and direct staff to shop loan options. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Sections 2.2-3711 A (1) and (3) of the 1950 Code of Virginia, as amended, for: 1) A discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely af fect the bargaining position or negotiating strategy of the public body, specifically both the acquisition and disposition of real property; 2) A discussion of a personnel matter pertaining to the City Manager's annual evaluation. Randy Foley motioned that, in accordance with Section 2.2-3711 A (1) and (3) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:07 p.m. for the purpose of discussing the following specific matters: 1) A discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically both the acquisition and disposition of real property; 2) A discussion of a personnel matter pertaining to the City Manager's annual evaluation. Bill Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Randy Foley motioned reconvene at 7:55 p.m. in accord ance 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. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:55 p.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-22 5,435,676$ -$ 0%-$ -$ General Property Taxes 44,905,191 17,185,918 38%16,123,101 1,062,817 Other Local Taxes 25,542,300 15,909,688 62%15,480,832 428,856 Permits and Licenses 342,740 240,266 70%288,829 (48,563) Fines and Forfeitures 76,000 76,002 100%53,919 22,083 Revenue from Use of Money and Property 698,440 2,660,290 381%445,043 2,215,247 Charges for Services 3,479,253 2,105,696 61%2,034,920 70,776 Payment in Lieu of Taxes from Electric Fund 3,160,000 3,160,000 100%3,160,000 - Payment in Lieu of Taxes from Water Fund 114,929 107,448 93%122,253 (14,805) Miscellaneous Revenue 343,720 426,872 124%288,098 138,775 Non-Categorical Aid 3,673,007 686,441 19%679,788 6,653 Shared Expenses 1,558,777 873,813 56%874,869 (1,056) Categorical Aid 9,048,190 3,977,615 44%3,996,864 (19,249) Non-Revenue Receipts 76,281 76,280 100%68,719 7,561 Transfer From Other Funds 25,950,000 16,664,857 64%- 16,664,857 Total Revenues 124,404,504 64,151,186 52%43,617,235 20,533,951 Expenditures: General Government 9,355,981 5,926,486 63%4,699,259 1,227,227 Judicial Administration 2,665,205 1,701,575 64%1,636,165 65,410 Public Safety 20,791,439 13,371,618 64%12,505,501 866,117 Public Works 13,465,185 6,274,578 47%6,141,329 133,249 Health and Welfare 6,257,745 3,158,313 50%3,008,647 149,666 Education 24,390,382 17,913,003 73%17,718,986 194,017 Parks, Recreation and Cultural 7,105,440 4,570,059 64%3,739,706 830,353 Community Development 4,056,214 3,052,928 75%2,010,406 1,042,522 Non-Departmental 34,193,814 20,762,759 61%3,628,873 17,133,886 Contingency 774,099 - 0%- - Contingency for Economic Dev. Opportunities 100,000 - 0%- - Reserve for Capital 1,249,000 - 0%- - Total Expenditures 124,404,504 76,731,319 62%55,088,872 21,642,447 Revenues Over/(Under) Expenditures -$ (12,580,133)$ (11,471,637)$ (1,108,496)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Eight Months Ending February 28, 2023 Item #4C Date: 3/27/2023 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2020 -2023 FY2020 FY 2021 FY 2022 FY 2023 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2020 -2023 FY2020 FY2021 FY2022 FY2023 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2020 -2023 FY2020 FY2021 FY2022 FY2023 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending February 28, 2023 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2022 -$ Revenues: American Rescue Plan Act Funding 4,914,423$ 4,914,423$ -$ 4,914,423$ -$ 4,914,423$ American Rescue Plan Act Funding-NEU 26,250,208 11,754,434 - 11,754,434 14,495,774 11,750,434 ARPA - VA Tourism Recovery Program 70,000 30,495 - 30,495 39,505 30,495 ARPA - Sports Marketing Incentive Program 5,500 - - - 5,500 - Total Revenues 31,240,131 16,699,352 - 16,699,352 14,540,779 16,695,352 Expenditures: Tourism Initiative 4,000 4,000 - 4,000 - - VA Tourism Recovery Program 70,000 30,495 - 30,495 39,505 30,495 Sports Marketing Incentive Program 5,500 - - - 5,500 - Transfer to General Fund 31,160,631 16,664,857 - 16,664,857 14,495,774 16,664,857 Total Expenditures 31,240,131$ 16,699,352$ -$ 16,699,352$ 14,540,779$ 16,695,352 Fund Balance, February 28, 2023 -$ City of Salem, Virginia Debt Outstanding For Period Ending February 28, 2023 Schedule F Balance Principal Balance 7/1/2022 Issuances Payments 2/28/2023 City Debt Outstanding 2011 Union First Market Refunding Bonds 770,832$ -$ (390,870)$ 379,962$ 2013 Public Improvement Bonds 1,066,975 - (89,425) 977,550 2016B Public Improvement Bonds 581,080 - - 581,080 2019 Public Improvement Bonds 4,475,000 - - 4,475,000 2020 Public Improvement Bonds 2,160,000 - - 2,160,000 2020 Public Improvement Refunding Bonds 4,988,136 - - 4,988,136 2021 Public Improvement Refunding Bonds 1,525,000 - - 1,525,000 2022B Public Improvement Bonds 15,080,000 - - 15,080,000 Total City Debt Outstanding 30,647,023 - (480,295) 30,166,728 School Debt Outstanding 2011 Union First Market Refunding Bonds 1,349,168 - (684,130) 665,038 2012A Public Improvement Bonds 5,249,750 - (477,250) 4,772,500 2013 Public Improvement Bonds 3,288,025 - (275,575) 3,012,450 2020 Public Improvement Bonds 23,695,000 - - 23,695,000 Total School Debt Outstanding 33,581,943 - (1,436,955) 32,144,988 Total Debt Outstanding 64,228,966$ -$ (1,917,250)$ 62,311,716$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending February 28, 2023 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2022 22,261,333$ Revenues: Federal Grants 9,809,930$ 1,318,108$ -$ 1,318,108$ 8,491,822$ 539,621$ State Grants 8,660,363 1,314,061 - 1,314,061 7,346,302 355,189 Proceeds From Debt Issuance 43,719,067 43,719,064 - 43,719,064 3 - Interest Income 83,658 479,754 - 479,754 (396,096) 396,096 Transfer From General Fund 18,362,524 18,412,522 - 18,412,522 (49,998) 14,499,584 Total Revenues 80,635,542 65,243,510 - 65,243,510 15,392,032 15,790,490 Expenditures: Next Generation 911 378,493 187,161 30,609 217,770 160,723 26,761 Fire Station #2 Renovations 432,000 5,480 - 5,480 426,520 5,480 Fire Station #2 Storage Building 515,000 - - - 515,000 - Colorado St Bridge Replacement 6,450,000 718,486 206,966 925,452 5,524,548 63,184 Apperson Drive Bridge Replacement 3,364,939 691,450 77,980 769,430 2,595,509 208,860 Street Department Equipment 2020 1,229,852 1,225,726 - 1,225,726 4,126 24,590 Jury Room Expansion 400,000 4,271 - 4,271 395,729 4,271 Hanging Rock Battlefield Phase 2 1,420,310 906,145 317,750 1,223,895 196,415 744,136 Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 141,313 53,650 194,963 909,437 35,850 Longwood Park Restroom Replacement 139,504 139,504 - 139,504 - 645 Kiwanis Roof/Infrastructure Renovations 417,788 214,323 130,115 344,438 73,350 197,514 Moyer Sports Complex Renovation 27,602,491 3,543,416 20,208,009 23,751,425 3,851,066 2,675,356 Mason Creek Greenway Phase 3 2,610,681 146,506 323,738 470,244 2,140,437 87,409 Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 220,000 - 221,070 221,070 (1,070) - Longwood Park Restroom Replacement #2 180,000 - 129,261 129,261 50,739 - Flood Mitigation 141,740 - - - 141,740 - Downtown Impr - E Main St/Union St 2,504,140 1,018,559 1,341,101 2,359,660 144,480 896,478 Downtown Impr - E Main St/Market St 3,629,869 157,557 50,804 208,361 3,421,508 46,823 Capital Projects Local Reserve 65,232 - - - 65,232 - Downtown Improvements Reserve 40,350 - - - 40,350 - Excess Local Funding Reserve 393,753 - - - 393,753 - Transfer to Schools-2020 Bonds 27,000,000 25,578,119 - 25,578,119 1,421,881 2,470,472 Total Expenditures 80,635,542$ 34,679,516$ 23,091,053$ 57,770,569$ 22,864,973$ 7,487,829 Fund Balance, February 28, 2023 30,563,994$ Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 41,751,568$ 28,080,695$ 67%27,277,944$ 802,751$ Other Electric Revenue 691,000 464,858 67%792,514 (327,656) Reserve for Encumbrances 967,119 - 0%- - Total Operating Revenues 43,409,687 28,545,553 66%28,070,458 475,095 . Operating Expenses Other Power Generation - Operation 90,000 63,452 71%35,450 28,002 Other Power Generation - Maintenance 69,979 18,763 27%49,131 (30,368) Purchased Power 21,422,165 16,164,320 75%13,729,558 2,434,762 Transmission - Operation 8,513,752 6,202,746 73%5,256,181 946,565 Transmission - Maintenance 24,490 9,236 38%2,143 7,093 Distribution - Operations 1,036,663 699,098 67%658,583 40,515 Distribution - Maintenance 1,379,783 1,054,976 76%741,802 313,174 Customer Service 616,227 402,125 65%382,822 19,303 Administration & General - Operation 2,851,455 927,643 33%596,356 331,287 Administration & General - Maintenance 239,539 137,739 58%89,714 48,025 Depreciation - 941,185 0%905,652 35,533 Capital 3,426,548 1,063,365 31%5,068,786 (4,005,421) Contingency 579,086 - 0%- - Total Operating Expenses 40,249,687 27,684,648 69%27,516,178 168,470 Income (loss) Before Transfers 3,160,000 860,905 554,280 306,625 Transfers (Payment in Lieu of Taxes)(3,160,000) (3,160,000) 100%(3,160,000) - Income (loss)-$ (2,299,095)$ (2,605,720)$ 306,625$ Income (loss)-$ (4,598,190)$ (5,211,440)$ 613,250$ City of Salem, Virginia Electric Fund Statement of Operations For Eight Months Ending February 28, 2023 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,400,000$ 4,842,689$ 65%4,920,043$ (77,354)$ Other Revenue 336,930 237,010 70%257,303 (20,293) Water Federal Grants Revenue - 800 0%- 800 Gain On Sale Of Assets - - 0%5,207 (5,207) Reserve for Encumbrances 2,911,772 - 0%- - Total Operating Revenues 10,648,702 5,080,499 48%5,182,553 (102,054) . Operating Expenses Salaries of Personnel 904,254 645,600 71%613,844 31,756 Fringe Benefits 426,105 289,348 68%263,562 25,786 Contractual Services 728,778 392,806 54%323,289 69,517 Printing and Binding 2,500 565 23%86 479 Advertising 1,000 - 0%698 (698) Utilities 421,200 271,904 65%258,413 13,491 Communications 5,800 3,268 56%2,889 379 Insurance 32,250 32,318 100%28,174 4,144 Travel and Training 9,800 4,992 51%3,608 1,384 Miscellaneous 63,106 48,411 77%44,721 3,690 Materials and Supplies 235,390 132,820 56%123,830 8,990 Depreciation - 569,974 0%570,047 (73) Capital 942,878 840,538 89%160,812 679,726 Contingency 100,481 - 0%- - Total Production Expenses 3,873,542 3,232,544 83%2,393,973 838,571 Salaries of Personnel 708,001 375,959 53%360,073 15,886 Fringe Benefits 350,902 170,448 49%163,107 7,341 Contractual Services 825,424 557,995 68%437,450 120,545 Communications 4,950 3,575 72%2,528 1,047 Insurance 24,500 29,734 121%21,780 7,954 Lease/Rent of Equipment 2,000 1,054 53%1,214 (160) Travel and Training 8,300 2,698 33%2,637 61 Miscellaneous 28,106 19,180 68%16,138 3,042 Miscellaneous Credits (240,000) (223,338) 93%(174,289) (49,049) Materials and Supplies 174,819 103,087 59%58,096 44,991 Depreciation - 72,579 0%70,421 2,158 Capital 3,302,209 1,056,774 32%163,345 893,429 Interest Obligations 1,471,020 99,362 7%116,820 (17,458) Total Distribution Expenses 6,660,231 2,269,107 34%1,239,320 1,029,787 Income (loss) Before Transfers 114,929 (421,152)1,549,260 (1,970,412) Transfers (Payment in Lieu of taxes)(114,929)(107,448) 93%(122,253) 14,805 Income (loss)-$ (528,600)$ 1,427,007$ (1,955,607)$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Eight Months Ending February 28, 2023 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,997,000$ 4,607,149$ 66%4,634,165$ (27,016)$ Other Revenue 158,688 129,105 81%101,131 27,974 Reserve for Encumbrances 913,062 - 0%- - Total Operating Revenues 8,068,750 4,736,254 59%4,735,296 958 . Operating Expenses Salaries of Personnel 807,657 515,179 64%458,702 56,477 Fringe Benefits 390,329 225,211 58%189,833 35,378 Contractual Services 3,856,276 1,581,120 41%1,593,159 (12,039) Printing and Binding 1,500 144 10%194 (50) Advertising 1,500 - 0%6,542 (6,542) Utilities 4,500 2,646 59%2,112 534 Communications 14,700 11,974 81%10,384 1,590 Insurance 18,500 12,918 70%11,874 1,044 Lease/Rent of Equipment 3,000 1,055 35%1,214 (159) Travel and Training 12,000 5,574 46%5,105 469 Miscellaneous 40,106 22,675 57%20,083 2,592 Miscellaneous Credits (325,000) (111,743) 34%(97,541) (14,202) Materials and Supplies 76,234 37,682 49%25,549 12,133 Depreciation - 914,040 0%913,116 924 Capital 1,094,908 105,424 10%301,679 (196,255) Interest Obligations 1,594,370 31,200 2%48,224 (17,024) Bond Costs - - 0%9,961 (9,961) Contingency 478,170 - 0%- - Total Operating Expenses 8,068,750 3,355,099 42%3,500,190 (145,091) Income (loss) before Transfers - 1,381,155 1,235,106 146,049 Income (loss)-$ 1,381,155$ 1,235,106$ 146,049$ City of Salem, Virginia Sewer Fund Statement of Operations For Eight Months Ending February 28, 2023 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 342,600$ 289,111$ 84%229,272$ 59,839$ Box office shows 1,153,000 1,237,888 107%582,378 655,510 Catering and concessions 141,000 137,537 98%100,860 36,677 Merchandise and commissions 155,500 144,430 93%120,188 24,242 Static advertising 60,000 24,125 40%34,792 (10,667) Miscellaneous income 16,000 21,044 132%15,462 5,582 Interest Income - 439 0%- 439 Salem Fair 598,000 536,021 90%532,019 4,002 State Grants 154,800 - 0%- - Reserve for encumbrances 33,068 - 0%- - Appropriated from Net Position 150,000 - 0%- - Shuttered Venue Operator Grant (SVOG)- - 0%1,268,542 (1,268,542) Total Operating Revenues 2,803,968 2,390,595 85%2,883,513 (492,918) Operating Expenses Salaries of personnel 1,266,277 866,405 68%710,587 155,818 Fringe benefits 519,588 304,726 59%260,169 44,557 Maintenance and contractual services 230,468 186,945 81%131,545 55,400 Printing and binding 500 1,000 200%116 884 Advertising 21,500 20,210 94%14,927 5,283 Utilities 290,000 224,557 77%219,313 5,244 Communications 13,900 8,670 62%8,484 186 Insurance 28,000 30,924 110%27,138 3,786 Leases and Rentals 3,200 275 9%3,167 (2,892) Travel and training 6,300 6,682 106%1,965 4,717 Miscellaneous 87,203 64,740 74%60,981 3,759 Show expense 1,040,000 1,316,316 127%655,371 660,945 Fair expense 508,534 556,020 109%518,784 37,236 Materials and supplies 31,366 19,223 61%13,874 5,349 Capital 366,300 60,408 16%4,217 56,191 Depreciation - 182,963 0%190,313 (7,350) Total Operating Expenses 4,413,136 3,850,064 87%2,820,951 1,029,113 Income (loss) Before Transfers (1,609,168)(1,459,469) 62,562 (1,522,031) Transfers 1,609,168 1,072,779 67%1,106,112 (33,333) Income (loss)-$ (386,690)$ 1,168,674$ (1,555,364)$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Eight Months Ending February 28, 2023 Schedule L Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 440,396$ 514,391$ 117%318,663$ 195,728$ Concessions 116,927 130,981 112%115,247 15,734 Moyer Concessions - - 0%42,119 (42,119) Salem High Concessions 7,200 468 7%879 (411) Total Operating Revenues 564,523 645,840 114%476,908 168,932 . Operating Expenses: Salaries of personnel 269,656 156,737 58%137,692 19,045 Fringe benefits 112,296 47,422 42%41,827 5,595 Contractual services 5,719 7,774 136%3,789 3,985 Printing and binding 300 300 100%1,034 (734) Laundry and Cleaning 2,500 - 0%- - Communications 300 106 35%102 4 Insurance 1,800 1,521 85%1,740 (219) Travel and training - 30 0%- 30 Miscellaneous 115,577 137,193 119%81,008 56,185 Materials and supplies 139,165 167,857 121%105,575 62,282 Depreciation - 2,922 0%2,922 - Total Catering Expenses 647,313 521,862 81%375,689 146,173 Salaries of Personnel 27,675 28,432 103%36,572 (8,140) Fringe Benefits 6,731 7,665 114%6,537 1,128 Contractual services - 9,996 0%2,965 7,031 Miscellaneous 33,750 49,915 148%40,179 9,736 Materials and Supplies 24,700 39,242 159%34,574 4,668 Total Concessions Expenses 92,856 135,250 146%120,827 14,423 Salaries of Personnel - - 0%15,944 (15,944) Fringe Benefits - - 0%3,093 (3,093) Contractual services - - 0%1,667 (1,667) Miscellaneous - - 0%6,386 (6,386) Materials and Supplies - - 0%10,314 (10,314) Total Moyer Expenses - - 0%37,404 (37,404) Salaries of Personnel 2,927 - 0%901 (901) Fringe Benefits 519 - 0%108 (108) Materials and Supplies 1,880 - 0%564 (564) Total Salem High Expenses 5,326 - 0%1,573 (1,573) Income (loss) Before Transfers (180,972)(11,272)(58,585)47,313 Transfers 180,972 - 0%- - Income (loss)-$ (11,272)$ (58,585)$ 47,313$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Eight Months Ending February 28, 2023 Catering Concessions Schedule M Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 6,036,231$ 6,222,030$ (185,799)$ Revenue Premiums Paid - City 5,562,500 3,181,893 57% 2,983,820 198,073 Premiums Paid - School 4,687,000 2,703,324 58% 2,585,597 117,727 Premiums Paid - Retirees 798,000 482,982 61% 538,137 (55,155) Dental Premiums Paid 602,550 345,635 57% 345,664 (29) Interest Earnings 23,000 87,954 382% 11,623 76,331 Miscellaneous 5,000.00 4,467 0% 5,346 (879) Total Year to Date Revenues 11,678,050 6,806,255 58% 6,470,187 336,068 Expenses Health Claims 10,505,991 5,339,428 51% 5,751,253 (411,825) Dental Claims 602,550 288,429 48% 286,254 2,175 Employee Health Clinic 469,311 260,228 55% 249,804 10,424 Consulting Services 95,348 46,556 49% 46,942 (386) Miscellaneous 4,850 4,069 84% 3,817 252 Total Year to Date Expenses 11,678,050 5,938,710 51% 6,338,070 (399,360) Ending Net Position -$ 6,903,776$ 6,354,147$ 549,629$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Seven Months Ending January 31, 2023 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending February 28, 2023 Schedule N FV as a Cash Value Net Change Fair Value % of 2/28/2023 in Fair Value 2/28/2023 Portfolio Demand & Time Deposits Concentration Account 51,459,588$ -$ 51,459,588$ 30.4% Payroll Account 10,011 - 10,011 0.0% Revenue Recovery Account 9,121 - 9,121 0.0% Utility Billing Account 4,297 - 4,297 0.0% Box Office Account 587,655 - 587,655 0.3% Held as Fiscal Agent of: Cardinal Academy 814,587 - 814,587 0.5% Court Community Corrections 1,416,193 - 1,416,193 0.8% Held on Behalf of: Economic Development Authority 516,253 - 516,253 0.3% Total Demand & Time Deposits 54,817,705 - 54,817,705 32.3% Investments Local Government Investment Pool (LGIP) 100,453,424 - 100,453,424 59.2% VA State Non-Arbitrage Program (SNAP) 14,494,149 - 14,494,149 8.5% Total Investments 114,947,573 - 114,947,573 67.7% Total Deposits and Investments 169,765,278$ -$ 169,765,278$ 100.0% * Extended Maturity Item #6A Date: 3/27/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Michael O. Garst and Alan L. Garst, property owners, for rezoning the property located at 907 Florida Street (Tax Map # 185-5-9) from HBD Highway Business District to RSF Residential Single Family. (Advertised in the March 9 and 16, 2023, issues of the Salem Times-Register). Planning Commission recommended approval. See page 2 of the March 15, 2023, minutes. SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Residential Existing Use: Vacant Proposed Use: Residential – Single Family Detached The subject property (907 Florida Street, Tax Map # 185-5-9) consists of a “25 foot,” 0.086- acre property which is currently zoned HBD Highway Business District. Located in “East Bottom” between 7th and 8th street, this parcel sits amongst a block of properties that encompass an array of zoning designations including HBD Highway Business District, RSF Residential Single Family, RBD Residential Business District, and CBD Community Business District. Further, while the majority of the parcels in this area are currently zoned HBD Highway Business District, there are numerous tracts which are still utilized as single-family homes as they have not been repurposed since the last zoning ordinance update. The applicants are requesting the rezoning of this property in order to construct a single-family home which will satisfy the setback requirements for the RSF zoning district. The Future Land Use Map (FLUM) identifies this area as Residential, consistent with the proposed rezoning. REQUIREMENTS: The proposal meets the requirements of Section 106-202.3 (B). Site development regulations for RSF. From:Don Haddon To:Mary Ellen H Wines Cc:John McAden; James Patton Subject:[Ext.] 900 Florida Street - legal description Date:Thursday, February 16, 2023 12:54:57 PM Attachments:REV 1 - 900 Florida St Signed.pdf CAUTION: This message has originated from an external source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email. Mary Ellen. Please see below for Legal description for Michael Garst’s Rezoning. Lot 29, Section 36, Salem Improvement Co. (PB: 1, Pg: 22 ½ (Rke. Co.)) BEGINNING AT A POINT ON THE WEST LINE OF FLORIDA STREET, 75’ SOUTH OF THE SOUTH LINE OF 7TH STREET. THENCE ALONG THE WEST LINE OF FLORIDA STREET S11°45'00"E, 25’ TO A POINT. THENCE LEAVING THE WEST LINE OF FLORIDA STREET S78°15'00"W, 150.00’ TO A POINT ON THE EAST LINE OF A 16’ ALLEY. THENCE ALONG THE EAST LINE OF THE 16’ ALLEY N11°45'00"W, 25.00’ TO A POINT. THENCE LEAVING THE EAST LINE OF THE 16’ ALLEY N78°15'00"E, 150.00’ TO THE POINT OF BEGINNING, CONTAINNING 3,750 SQUARE FEET, 0.086 ACRE, BEING IN THE CITY OF SALEM, VIRGINIA. Let me know if you need anything else. Regards. Donald Haddon, III, LS Associate Balzer & Associates Envisioning tomorrow. Designing today. Planners / Architects / Engineers / Surveyors Roanoke / Richmond / New River Valley / Shenandoah Valley 1208 Corporate Circle, Roanoke, VA 24018 / p 540.772.9580 www.balzer.cc PAYMENT DATE 01/30/2023 COLLECTION STATION Engineering/Inspections RECEIVED FROM Alan & Michael Garst City of Salem P.O. Box 869 Salem, VA 24153 BATCH NO. 2023-00003842 RECEIPT NO. 2023-00081705 CASHIER Loretta Prillaman DESCRIPTION Rezoning 907 Florida Street Printed by: Loretta Prillaman Page 1 of 1 02/16/2023 01:15:57 PM PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT CD LAND USE Land Use Application Fees $1,000.00 rezoning 907 Florida St Total Cash $0.00 Total Check $1,000.00 Total Charge $0.00 Total Wire $0.00 Total Other $0.00 Total Remitted $1,000.00 Change $0.00 Total Received $1,000.00 $1,000.00Total Amount: Customer Copy MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 185-5-9 907 FLORIDA ST MICHAEL GARST ALAN GARST 929 INDIANA ST SALEM VA 24153 185-5-8 901 FLORIDA ST JORDAN MEADOR 901 FLORIDA ST SALEM VA 24153 185-5-1 900 DELAWARE ST MICHAEL K ARRINGTON 900 DELAWARE ST SALEM VA 24153 185-5-2 904 DELAWARE ST LEON K GLASBY DEBORAH R GRIFFITH 904 DELAWARE ST SALEM VA 24153 185-5-3 910 DELAWARE ST CHARLES THOMAS KIRBY ESTATE 2426 LIVINGSTON RD SW ROANOKE VA 24015 185-5-4 914 DELAWARE ST DEEPIKA ARORA 914 DELAWARE ST SALEM VA 24153 185-5-10 909 FLORIDA ST TIMOTHY GLOVER 909 FLORIDA ST SALEM VA 24153 186-9-1 912 FLORIDA ST TRUSTEES, CALVARY BAPTIST CHURCH 912 FLORIDA ST SALEM VA 24153 Planning Commission Meeting MINUTES Wednesday, March 15, 2023, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on March15, 2023; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid Garst, Jackson Beamer, and Neil L. Conner; together with Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell Dillon, Planner; and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:09 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2. New Business A. Discussion of items on the March agenda 1. 907 Florida Street 2. 2730 West Main Street A discussion was held regarding the March agenda items. B. Introduction of items on the April agenda 1. Landmark sign - 2500 West Main Street 2. Rezoning - 1630 & 1640 Roanoke Boulevard A discussion was held regarding the upcoming April agenda items. C. Other items for discussion 1. New applications 2. Various code changes upcoming 3. Comprehensive Plan A discussion was held regarding the items. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:58 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:01 p.m., on March15, 2023. Notice of such hearing was published in the March 2 and 9, 2023, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney; James E. Taliaferro, II, City Manager and Executive Secretary, ex officio member of said Commission, to wit; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; and Maxwell Dillon, Planner, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda A. Minutes Consider acceptance of the minutes from the February 15, 2023, work session and regular meeting. Jackson Beamer motioned for acceptance of the February 15, 2023, work session and regular meeting minutes. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. New Business A. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Michael O. Garst and Alan L. Garst, property owners, for rezoning the property located at 907 Florida Street (Tax Map # 185-5-9) from HBD Highway Business District to RSF Residential Single Family. Staff noted the following: The subject property (907 Florida Street, Tax Map # 185-5-9) consists of a “25 foot,” 0.086- acre property which is currently zoned HBD Highway Business District. Located in “East Bottom” between 7th and 8th street, this parcel sits amongst a block of properties that encompass an array of zoning designations including HBD Highway Business District, RSF Residential Single Family, RBD Residential Business District, and CBD Community Business District. Further, while the majority of the parcels in this area are currently zoned HBD Highway Business District, there are numerous tracts which are still utilized as single-family homes as they have not been repurposed since the last zoning ordinance update. The applicants are requesting the rezoning of this property in order to construct a single-family home which will satisfy the setback requirements for the RSF zoning district. The Future Land Use Map (FLUM) identifies this area as Residential, consistent with the proposed rezoning. Michael Garst, 929 Indiana Street, property owner, appeared before the Commission and stated that he will build an 18-foot wide house to conform to current setback requirements, which is the reason for the rezoning request. No other person(s) appeared related to the request. Denise King motioned to approve the request of Michael O. Garst and Alan L. Garst, property owners, for rezoning the property located at 907 Florida Street (Tax Map #185-5-9) from HBD Highway Business district to RSF Residential Single Family. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Special Exception Permit Hold public hearing to consider the request of Daniel N Suggs Excavating & Grading, Inc., property owner, and AM Transportation of Roanoke, LLC, contract purchaser, for the issuance of a Special Exception Permit to allow a truck parking facility on the property located at 2730 West Main Street, (Tax Map # 174-5-1). Staff noted the following: The subject property (2730 West Main Street, Tax Map # 174-5-1) consists of a 1.7-acre tract which possesses the HBD Highway Business District designation. This parcel was formerly occupied by a grading business before being demolished and left vacant between 2013/2015. The contract purchaser is requesting a Special Exception Permit in order to construct a truck parking facility which will provide truck drivers a secure location to store their personal cars while they are traveling and their tractor trailers while at home. This lot will be secured with a gate/coded lock on-site and monitored by security cameras. There will be no employees at this location, and nobody will be permitted to stay overnight. The applicant estimates that a general timeframe for trucks to be gone is 3-4 consecutive days during a one-week period. The Future Land Use Map (FLUM) identifies this area as commercial, consistent with the proposed utilization of the property should the Special Exception Permit be granted. Barney Horrell, 3553 Carvins Cove Road, Salem, appeared before the Commission on behalf of the petitioner to explain the request. He stated that there are no permanent buildings planned--it would be a truck parking facility. The applicant currently owns two trucks and utilizes a gravel lot in the Glenvar area, and other people park their trucks there as well. He further stated that no employees will be on site; freezer-type trucks (14 spaces are currently designated, which is subject to change based on topography); and a new driveway will be created instead of expanding the existing shared driveway. Gurdeep Singh, owner of AM Transportation, appeared before the Commission and stated that he currently rents a lot in Glenvar; the proposed lot will be completely fenced with barbed wire and monitored by cameras. He further stated that drivers will not be sleeping in the trucks; AM Transportation LLC will be the operating business and will lease spaces to others; the hours of operation for truckers will vary; and the site is suitable to the business due to its proximity to delivery locations. Vice Chair King stated she has concerns about trucks pulling out into traffic during normal hours as traffic is heavier in Salem than in Roanoke County. Mr. Horrell clarified that leasing to other operators may utilize their spaces in slightly different fashions (only tractor, different hours, etc.). Vice Chair King inquired as to how often the parking lot would be checked for oil and other leaks, etc. Mr. Singh stated that it would be a couple of times a week. Dwayne Mann, 2743 W. Main Street, Vintage Vault, appeared before the Commission and stated that he has concerns about the turning radius for the tractor-trailers, taking a left into the lot and the impact on the traffic light. He also has concerns about site distance and safety with trucks pulling in and out at low speeds with a large turn radius. Member Conner questioned the engineering requirements. Mr. Van Allman clarified that the final plan would be subject to site plan review and VDOT requirements. Jeff and Patty Washenberger appeared before the Commission and stated that they feel that their business will be negatively affected due to the noises and emissions associated with the truck facility being located within 50 feet of sleeping areas-- idling one and off throughout the night, diesel smells, slamming doors, etc. They are also concerned with the impact of traffic during normal hours, and the variation within truck schedules--not having control of lessees. Terry Kelly, 1672 Dalewood Avenue, Salem, and owner of 2700 and 2712 W. Main Street, appeared before the Commission in opposition of the request. He does not feel the proposed business would be beneficial to the city or his business. He is also concerned with the stormwater area--ponding of water on adjacent properties he owns, traffic, and questioned the need for truck parking when there is truck parking near Ditch Witch. Jon Kelly appeared before the Commission and stated he has concerns about the potential traffic associated when there is a wreck on Interstate 81. Mr. Horrell reappeared before the Commission to address the turning radius-- engineering specifications. He stated that access to the property will be worked out with City engineering, and other uses will likely have a much higher traffic count. He also stated that stormwater will be an issue and drainage issues on adjacent properties would be taken care of in site plan review; fencing would match that of adjacent properties; headlights will be facing Main Street when the trucks start; noises are consistent with the area; and the property would be purchased by the business owner. Mr. Singh reappeared before the Commission and stated that some trucks will likely be running while stored. Member Garst questioned Mr. Van Allman about tractor trailer access to Main Street in regard to signalization. Member Conner stated that he does not feel the proposal is a bad plan, and noted that there is a need for this use. He also stated he is not as concerned about traffic. Emphasized that it's the Commission's job to make sure the use "fits in" with the character of the corridor, and feels this is the wrong place for the business. No other person(s) appeared related to the request. Neil Conner motioned to deny the request of Daniel N. Suggs Excavating & Grading, Inc., property owner, and AM Transportation of Roanoke, LLC, contract purchaser, for the issuance of a Special Exception Permit to allow a truck parking facility on the property located at 2730 West Main Street (Tax Map #174-5-1). Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. Adjournment Having no other items before the Commission, on motion by Vice Chair King, seconded by Member Conner and duly carried, meeting was adjourned at 7:50 p.m. City Council meeting, March 27, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Michael O. Garst and Alan L. Garst, property owners, located at 907 Florida Street (Tax Map # 185-5-9) be and the same is hereby changed from HBD Highway Business District to RSF Residential Single- Family District. And the map referred to shall be changed in this respect and no other, said property being described as follows: Lot 29, Section 36, Salem Improvement Co. (PB: 1, Pg: 22 ½ (Rke. Co.)) BEGINNING AT A POINT ON THE WEST LINE OF FLORIDA STREET, 75’ SOUTH OF THE SOUTH LINE OF 7TH STREET. THENCE ALONG THE WEST LINE OF FLORIDA STREET S11°45'00"E, 25’ TO A POINT. THENCE LEAVING THE WEST LINE OF FLORIDA STREET S78°15'00"W, 150.00’ TO A POINT ON THE EAST LINE OF A 16’ ALLEY. THENCE ALONG THE EAST LINE OF THE 16’ ALLEY N11°45'00"W, 25.00’ TO A POINT. THENCE LEAVING THE EAST LINE OF THE 16’ ALLEY N78°15'00"E, 150.00’ TO THE POINT OF BEGINNING, CONTAINNING 3,750 SQUARE FEET, 0.086 ACRE, BEING IN THE CITY OF SALEM, VIRGINIA All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #6B Date: 3/27/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD IN CITY HALL AGENDA ITEM: Special Exception Permit Hold public hearing and consider the request of Daniel N Suggs Excavating & Grading, Inc., property owner, and AM Transportation of Roanoke, LLC, contract purchaser, for the issuance of a Special Exception Permit to allow a truck parking facility on the property located at 2730 West Main Street, (Tax Map # 174-5-1). (Advertised in the March 9 and 16, 2023, issues of the Salem Times-Register). Planning Commission recommended denial. See page 3 of the March 15, 2023, minutes. SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Commercial Existing Use: Vacant Proposed Use: Truck Parking Facility The subject property (2730 West Main Street, Tax Map # 174-5-1) consists of a 1.7-acre tract which possesses the HBD Highway Business District designation. This parcel was formerly occupied by a grading business before being demolished and left vacant between 2013/2015. The contract purchaser is requesting a Special Exception Permit in order to construct a truck parking facility which will provide truck drivers a secure location to store their personal cars while they are traveling and their tractor trailers while at home. This lot will be secured with a gate/coded lock on-site and monitored by security cameras. There will be no employees at this location, and nobody will be permitted to stay overnight. The applicant estimates that a general timeframe for trucks to be gone is 3-4 consecutive days during a one-week period. The Future Land Use Map (FLUM) identifies this area as commercial, consistent with the proposed utilization of the property should the Special Exception Permit be granted. REQUIREMENTS: The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD. BRUSHY MOUNTAIN ENGINEERING,BRUSHY MOUNTAIN ENGINEERING,BRUSHY MOUNTAIN ENGINEERING,BRUSHY MOUNTAIN ENGINEERING, PLLCPLLCPLLCPLLC 3553 Carvins Cove road3553 Carvins Cove road3553 Carvins Cove road3553 Carvins Cove road Salem, VA 24153Salem, VA 24153Salem, VA 24153Salem, VA 24153 (540) 526(540) 526(540) 526(540) 526----6800680068006800 www.brushymtnengr.comwww.brushymtnengr.comwww.brushymtnengr.comwww.brushymtnengr.com DATE: January 31, 2023 TO: City of Salem – Planning Commission ATTN: Executive Secretary 21 S. Bruffey Street Salem, VA 24153 RE: 2730 W. Main Street – Truck Parking Facility Tax IDs: 174-5-1 With this letter the Owner of the subject property does hereby request that the City approve a Special Use Permit to allow for the development and use of the lot as a Truck Parking Facility. If approved the current Owner will sell the property to AM Transportation of Roanoke, LLC who will develop the lot as shown on the attached concept plan. Trucks (tractors and trailers) will be parked as shown when not in use. When a truck is put in service the driver will park personal vehicle in spaces in front and leave in truck for a couple of days. Upon return the driver will switch back to personal vehicle. The entire parking area will be secured with fencing and an entrance gate controlled by a keypad. A small storage shed will be placed near the gate to house truck accessories and grounds maintenance equipment. The subject property and surrounding properties are zoned HBD. A Special Exception Permit is required to allow for a “Parking Facility” in HBD. Thank you for your consideration. This request is being made on behalf of the Owner: Suggs Daniel N Excavating & Grading Inc 4891 Dan Robin Road Salem, VA 24153 Respectfully Submitted, Barney Horrell Virginia Professional Engineer # 44654 Brushy Mountain Engineering, PLLC DigiSign Verified - 2e94e28f-7d5c-4112-8b8e-404cff942283 MurelH.Suggs 01/26/2023 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 174-5-1 2730 W MAIN ST DANIEL N SUGGS EXCAVATING & GRADING INC 4891 DAN ROBIN RD SALEM VA 24153 174-5-2 2720 W MAIN ST DRB DEVELOPMENT P O BOX 944 SALEM VA 24153 174-3-10 2713 W MAIN ST SPIRIT SPE PORTFOLIO CA C-STORES INCC/O GPM INVESTMENTS LLC 1410 COMMONWEALTH DR STE 202 WILMINGTON NC 28403 174-3-1 2743 W MAIN ST BIG M LLC 2743 W MAIN ST SALEM VA 24153 209-1-4 2746 W MAIN ST JEFFREY A WASHENBERGER 2746 W MAIN ST SALEM VA 24153 Item # 6C Date: 3/27/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: March 27, 2023 AGENDA ITEM: Ordinance repealing City of Salem Law Library Fee SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: Pursuant to Section 42.1-70 of the Code of Virginia, in 1985 the City implemented a $2.00 fee for each civil action filed in City courts. The fee was later increased to $4.00 when the State Code was amended in 1988. The funds from this fee were expended for the purpose as provided in the statute for the use and maintenance of a law library open to the public. Due to the changes in technology and availability of resources electronically, the need and use of such libraries is not warranted. As a result, the law library at the Salem Courthouse has been closed. Due to the specific allowed use per the State statute for the fee, the collection of these funds is no longer applicable. FISCAL IMPACT: The budgeted revenue for the current fiscal year is $3,000 for the Law Library fee. STAFF RECOMMENDATION: Staff recommends Council adopt an ordinance repealing the City of Salem Law Library fee. AN ORDINANCE REPEALING THE CITY OF SALEM LAW LIBRARY FEE WHEREAS, on April 4, 1985 the Council of the City of Salem imposed an assessment of $2.00 for law libraries on each civil action filed in courts serving the City; and WHEREAS, on October 20, 1988 this fee was amended to $4.00 per revision of the State statute; and WHEREAS, the Law Library has been closed due to the changes in technology and electronic availability of such resources; and WHEREAS, the Law Library fee must be used for the use and maintenance of such by statute; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, as follows: 1. That this ordinance repeals the City of Salem ordinance imposing a Law Library Fee. 2. That the provisions of this ordinance shall take effect on March 27, 2023. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley - James w. Wallace, III – Renée F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia