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HomeMy WebLinkAbout11/25/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION NOVEMBER 25, 2013 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on November 25, 2013, at 6:30 p.m., there being present all the members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; and Rosie Jordan, Director of Finance, and Krystal M. Farmer, Deputy Clerk of Council; and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, a discussion was held regarding the 2014 legislative package; and WHEREAS, a discussion was held regarding an extension of the purchase option for property on Texas Street; and WHEREAS, a discussion was held regarding a key to the City for Sally Southard; and WHEREAS, a discussion was held regarding the 2014 calendar; and WHEREAS, a discussion was held regarding “home grown” businesses, ways to attract new businesses to the City, etc.; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:23 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING November 25, 2013 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on November 25, 2013, at 7:30 p.m., there being present all the members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; William L. Simpson, Jr., Assistant City Engineer; Mike Stevens, Communications Director; Rosie Jordan, Director of Finance; and Stephen M. Yost, City Attorney; and the following business was transacted: The November 12, 2013, work session minutes were approved as written, and the November 12, 2013, regular meeting minutes were approved as amended. The report by the Director of Finance of the City’s financial status for a two-month period ending August 31, 2013, was received and ordered filed. The minutes from the joint work session with the School Board held November 14, 2013, at East Salem Elementary School were approved as written. Mayor Foley requested that Council hold public hearing and consider the request of GES Properties, LLC, property owner and Buck Simmons, lessee, for the issuance of an “Use Not Provided For Permit” to allow an auction and consignment gallery on the property located at 2501 West Main Street (Tax Map #’s 175-1-7 & 169-3-25.1); item continued from the October 28, 2013, meeting; and WHEREAS, Planning Commission recommended approval of the request at its November 13, 2013, meeting; and WHEREAS, staff noted the following: the subject property consists of two parcels totaling 3.17 acres located on the north side of West Main Street, between Salem Industrial Drive and Diuguids Lane; the property is the site of the former 84 Lumber Company, which closed approximately two years ago; the smaller parcel, .57 acres, is vacant; the request is for an Use Not Provided For Permit to allow the building to be used for auctions as well as offering space to the public for sale of merchandise, both new and used; in addition, all out ITEM 1 USE NOT PROVIDED FOR PERMIT APPROVED TO ALLOW AN AUCTION AND CONSIGNMENT GALLERY ON THE PROPERTY LOCATED AT 2501 WEST MAIN STREET (T/M 175-1-7 & 169-3- 25.1) 2 buildings will be used for the same purpose; the property owner has stated the front of the building, which is facing the street, will be repainted, and fencing will be installed where it was originally; no structural changes will be made to the existing structure or outbuildings; it appears that there should be enough parking for the proposed use; however, a plan showing the parking spaces will be required prior to occupancy; and WHEREAS, Buck Simmons, of 1000 S. College Avenue, lessee, appeared before the Council in support of the “Use Not Provided For” Permit request; he noted that in the 17,446 square-foot building he plans to have an auction and consignment gallery; the west side of the building, the 3,040 square-foot shed and the 3,000 square-foot shed is no longer there; he noted that the only thing left on the outer edge is the 2,300 and the 7,500 square-foot sheds; he stated that in order to do some sort of blockage/privacy as was discussed at the Planning Commission meeting, he would need to place a fence from the 2,300 square-foot building down to the 17,000 square-foot building with a gate somewhere along the fencing; he noted where the flea market would set up on the property and that there would be slats in the chain -link fencing except where the gravel area is to the right of the building; and WHEREAS, the Director of Planning and Economic Development requested that Mr. Simmons only address the auction and consignment gallery as the flea market will be addressed in the next item on the agenda; and WHEREAS, Mr. Simmons noted that the auction gallery and consignment shop will be in the 17,000 square-foot area; and WHEREAS, the City Manager requested that Mr. Simmons address the hours of operation/days of the week the business will be open; and WHEREAS, Mr. Simmons stated that there will basically be an auction once a week, maybe once a month; he noted that it will be no more than one auction a week; he said that it depends upon the number of items that come in for there to be enough to hold an auction; he noted that the auction will be held inside and that the only thing done or sold outside would be something like vehicles or something large that would not fit inside the building; and WHEREAS, Councilwoman Garst questioned if Mr. Simmons plans to hold vehicle auctions on the site; and WHEREAS, Mr. Simmons stated that if someone has an estate that includes a vehicle, then yes, but he will not hold a multi-vehicle auction; and 3 WHEREAS, Vice Mayor Givens questioned where parking would be located for the site; and WHEREAS, Mr. Simmons stated that handicapped parking would be placed where the former customer parking was located on the property with additional parking provided on the gravel side toward Ditch Witch; and WHEREAS, Vice Mayor Givens questioned the number of parking spaces available on the Ditch Witch side; and WHEREAS, Mr. Simmons stated that he was not sure of the number of spaces available; and WHEREAS, Councilman Jones questioned how many cars can park in the space shown on the map; and WHEREAS, Mr. Simmons stated that 75-80 vehicles can park on the gravel side to the right of the property; he noted that area will be utilized only for parking for the auction, not for set-up of any type; he noted that the consignment area would also inside the 75,000 square-foot with rental spaces 10x10 or 10x20; and WHEREAS, Councilwoman Johnson questioned if the consignment area will be open more than three-days a week; and WHEREAS, Mr. Simmons stated that the consignment area would be open all week inside of the building; he noted that the proposed hours of the consignment business would be 8 a.m. to 7 p.m.; and WHEREAS, Councilwoman Garst asked how the consignment “booths” would be handled; and WHEREAS, Mr. Simmons stated that there will be two options—with the person renting the space handling their own booth or the business would handle it for them; and WHEREAS, Councilman Jones questioned the estimated number of consignment “booths” that would be placed in the building compared to the amount of space to be used for auctions; and WHEREAS, Mr. Simmons stated that the space would be basically split in half between the consignment booths and the auction area; he further noted 4 that he does not know an estimated number of booths to be utilized for the consignment portion of the business as the sizes of the booths will vary; he plans for the booths to be 10’x10’ or larger; he noted that when auctions are held, any large items sold would stay in the back where the 7,500 square foot building (i.e. a tractor, truck, etc.); he stated that he is not sure which end of the building will be used for the consignment and which one for the auction, but thinks that the right side of the building near the gravel parking lot will be the auction side, and the consignment side will be to the left of that near where the electric meter is located; and WHEREAS, Mayor Foley questioned how sales tax would be handled; and WHEREAS, Mr. Simmons stated that the person(s) who leases the space(s) will obtain their own business license and will be responsible for submitting sales tax to the Commissioner of the Revenue; he noted that each business license would have to be displayed on the booth(s) being rented; and WHEREAS, Councilman Jones questioned if Mr. Simmons has contacted Ditch Witch at all about utilizing its property for additional parking, if needed; and WHEREAS, Mr. Simmons stated that he has called, but has not received a return phone call yet; he stated that there is a fence that separates the two properties and if Mr. Duncan allows, he plans to place a four-foot walkway gate so that people would not have to walk back out onto Main Street if they park on the Ditch Witch property; and WHEREAS, Councilman Jones stated that parking concerns are the majority of the concerns he has heard regarding the proposed use; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of an “Use Not Provided For Permit” to allow an auction and consignment gallery on the property located at 2501 West Main Street (Tax Map #’s 175-1-7 & 169-3-25.1) 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 – aye. 5 Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of a Special Exception Permit to allow a flea market on the property located at 2501 West Main Street (Tax Map #’s 175-1-7 & 169-3-25.1); notice of such hearing was published in the November 6 and 13, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission recommended approval of the request at its November 13, 2013, meeting; and WHEREAS, staff noted the following: UPDATE: At the October Planning Commission meeting, it was determined that the lessee would also like to use the property for a flea market; since the initial request did not include this type of use, it was determined that Mr. Simmons would need to apply for a Special Exception Permit also for the flea market use; and WHEREAS, Mr. Simmons noted that the area to the left of the main building would be used for the flea market, and additionally, they would still use the gravel area on the right for the parking lot; it would be located on the left side of the property facing the property from Main Street; he noted that the flea market would be open on Friday, Saturday, and Sunday; Friday and Saturday they would open early morning, but Sunday they would not open the gates until 1 pm; further, they would let people come to set up early on Sunday, but they would not let the public in until 1; and WHEREAS, Councilman Jones questioned the approximate number of vendors that could be located in the area; and WHEREAS, Mr. Simmons stated that approximately 75 vendors could set up in that area; and WHEREAS, Vice Mayor Givens questioned if slats would be placed in the gate portion of the fencing; and WHEREAS, Mr. Simmons stated that slats would be placed in the gate portion of the fencing; and WHEREAS, Mayor Foley questioned if there would be any additional parking where the 3,000 square-foot shed was located, which would be in front of the fencing; and ITEM 2 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A FLEA MARKET ON THE PROPERTY LOCATED AT 2501 WEST MAIN STREET (T/M 175-1-7 & 169-3- 25.1) 6 WHEREAS, Mr. Simmons stated that parking would be available in that area, but it has not been laid out and he does not want to mix parking with people; and WHEREAS, a discussion was held regarding vendor parking, set up; etc.; and WHEREAS, Councilwoman Garst questioned if emergency personnel would be able to access the area if needed; and WHEREAS, the City Manager stated that he felt like there would be adequate access; and WHEREAS, Councilman Jones stated that he feels the biggest concern is parking for the proposed development; and WHEREAS, it was noted that the plat of the property being referenced is dated August 2012; and WHEREAS, Councilwoman Garst questioned the hours the flea market would operate; and WHEREAS, Mr. Simmons stated that the Planning Commission did not specify the hours of operation, just that it could only be for a period of no more than 12 hours; and WHEREAS, the City Attorney noted the conditions of the request, which were listed on Page 11 of the Planning Commission Minutes—sales may be held for a period of 12 hours on Fridays and Saturdays, not to exceed 7:00 p.m. and Sunday sales may be held between the hours of 1:00 p.m. and 7:00 p.m.; and WHEREAS, Councilwoman Garst questioned the location of the residential homes to the north compared to the 7,500 square-foot shed; and WHEREAS, it was noted that there is a steep incline to where the properties are located; a discussion was held regarding property lines, etc.; and WHEREAS, Mayor Foley questioned if zoning prohibits what could be sold; and WHEREAS, the Assistant City Manager noted that there are no regulations; and 7 WHEREAS, Councilman Jones questioned if Mr. Simmons had been approached by anyone wanting to sell produce; and WHEREAS, Mr. Simmons stated that he has not been approached by anyone wanting to sell produce; and WHEREAS, Councilwoman Garst stated that she is concerned about livestock (i.e. chickens, rabbits, etc.) being sold; and WHEREAS, a discussion was held regarding animals (i.e. rabbits, kittens, puppies, etc.) being sold, if special licensing or certificates are required to sell animals or produce, etc.; Vice Mayor Givens stated that he would like there to be a condition that no animals would be sold; and WHEREAS, the City Attorney stated that he did not know if there were any restrictions regarding the sale of animals, livestock, or pets; and couldn’t think of whose purview that would fall under, if anyone’s; and WHEREAS, a discussion was held regarding the sale of animals, exotic animals, etc.; and WHEREAS, Council questioned if Mr. Simmons would consider a condition disallowing the sale of livestock/animals/pets and produce; and WHEREAS, Mr. Simmons stated that he would agree to disallow the sale of livestock/animals/pets; and WHEREAS, a discussion was held regarding the sale of produce; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of GES Properties, LLC, property owner and Buck Simmons, lessee, for the issuance of a Special Exception Permit to allow a flea market on the property located at 2501 West Main Street (Tax Map #’s 175-1-7 & 169-3-25.1) was hereby approved with all conditions including a new condition regarding animals (no livestock/animals/ pets can be sold) – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. 8 Mayor Foley requested that Council consider adopting Resolution 1242 regarding Council’s concerns of specific items that may come before the 2014 session of the Virginia General Assembly; and WHEREAS, the City Manager stated that the recommendation is to approve a similar list from last year with the following changes from Resolution 1216: elimination of Item 1, amendment of Item 2, change to Item 4, change Item 8, and add two additional items—political parties pay for primary elections, and the state pays for state-wide recounts; and WHEREAS, Councilwoman Garst requested that the resolution be mailed by certified mail to Salem’s representatives; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1242 regarding Council’s concerns of specific items that may come before the 2014 session of the Virginia General Assembly 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 – aye. Mayor Foley requested that Council consider request to adopt guidelines to administratively accept and appropriate donations for the Roanoke River Greenway and appropriate donation received from The Pathfinders for the Greenways; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the request to adopt guidelines to administratively accept and appropriate donations for the Roanoke River Greenway and appropriate a donation received from The Pathfinders for the Greenways; the City occasionally receives donations directly from individuals and civic groups that provide valuable resources to supplement grant and local funding used for greenway projects; because these proceeds are received on an on-going basis, any amounts that are less than $5,000 could be administratively appropriated when received to be spent for the Roanoke River Greenway project as specified by the person/organization making the donation; the Committee recommends approval of these guidelines of the Roanoke River Greenway donations and appropriate a $12,000 donation from the Pathfinders for the Greenways; these funds will be used as a match for the Virginia Land Conservation Foundation grant; ITEM 3 RESOLUTION 1242 ADOPTED REGARDING COUNCIL’S CONCERNS OF SPECIFIC ITEMS THAT MAY COME BEFORE THE 2014 SESSION OF THE VIRGINIA GENERAL ASSEMBLY ITEM 4 GUIDELINES APPROVED TO ADMINISTRATIVELY ACCEPT AND APPROPRIATE DONATIONS FOR THE ROANOKE RIVER GREENWAY AND APPROPRIATE DONATION RECEIVED FROM THE PATHFINDERS FOR THE GREENWAYS 9 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the guidelines to administratively accept and appropriate donations for the Roanoke River Greenway and appropriate donation received from The Pathfinders for the Greenways were hereby adopted and accepted respectively; – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – aye. Mayor Foley noted that this Saturday, November 30, 2013, is small business Saturday and encouraged everyone to shop locally and support their local business owners. There being no further business to come before the Council, the same on motion adjourned at 8:16 p.m.