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HomeMy WebLinkAbout2/25/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION February 25, 2013 A work session of the Council of the City of Salem, Virginia, was held in the City Council’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on February 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; Diane Hyatt, Interim Director of Finance; Krystal M. Coleman, Deputy Clerk of Council; and Benjamin Tripp, Planner; 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, the City Manager gave an update on Kronos/ERP; and WHEREAS, the Interim Director of Finance gave an update on the budget process ; and WHEREAS, a discussion was held regarding the Salem/Roanoke County Chamber of Commerce dinner; and WHEREAS, the Assistant City Manager and Planner discussed Resolution 1223 opposing the proposed policy on the use of state pool funds for Medicaid eligible services; 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 7:20 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING February 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 February 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; Charles E. Van Allman, Jr., City Engineer; Stephen M. Yost, City Attorney; Diane Hyatt, Interim Director of Finance; and Mike Stevens, Communications Director; and the following business was transacted: The February 11, 2013, work session and regular meeting minutes were approved as written. The report by the Interim Director of Finance of the City’s financial status for a seven-month period ending January 31, 2013, was received and ordered filed. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request of Shah Development Salem LLC, property owner, for the issuance of a Special Exception Permit to allow a modular home sales center on the property located at 41 Hurt Lane (Tax Map #139-5-7); notice of said hearing was published in the February 6 and 13, 2013, 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 February 13, 2013, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel currently zoned HBD, located on Hurt Lane behind Kentucky Fried Chicken and Applebee’s restaurants, and south of the intersection with West Main Street; the property is approximately 4.183 acres and is vacant except for a parking area; the applicant proposes to use the property as a Modular Homes Sales Center, constructing three homes as displays with one serving as the sales office, along with a parking area; no storage of modular homes will occur at this site; and portions of this property are within the 100 year and 500 year flood zones, as well as the floodway; and ITEM 1 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A MODULAR HOME SALES CENTER ON THE PROPERTY LOCATED AT 41 HURT LANE (T/M 139-5-7) 2 WHEREAS, the Director of Planning and Economic Development explained the request and introduced the petitioners; and WHEREAS, John Neel of Gay & Neel in Christiansburg, appeared before the Council representing Shah Development; he noted that Tom Rutledge, General Manager of Shah Development in Christiansburg, was also present at the meeting; he stated that Council should have a preliminary site development conceptual plan that was submitted with the Special Exception Permit request, as well as some elevation views for the types of homes to be placed on the lot; one home would be on a permanent foundation that would act as the sales office, which would be a model home as well as the sales office; a couple of people would be employed in the office; he stated that most of the lot is currently paved with the remainder being gravel with some grass growing up through the gravel and the petitioner does not plan to add any impervious surfaces to the lot; he described the homes that would be on display on the lot; he noted that the two-story model would be used as the sales office; he stated that the signs for the business would be located on Hurt Lane; he stated that he and Mr. Rutledge would answer any questions; and WHEREAS, Councilwoman Garst questioned what type of lighting and security measures would be placed on the property; and WHEREAS, Mr. Neel stated that basic lighting would be placed around the homes and the homes would have interior lighting; the two units that would be “skirted” to look as if they were on a permanent foundation would have HVAC and electric also for display purposes; there would also be some security lighting at the borders of the property, but they do not anticipate needing very much security lighting; and WHEREAS, Rex Carr, 2656 Harborwood Road, Salem, appeared before the Council and stated that he owns the property across the street from 41 Hurt Lane; he operates an automobile repair shop at 42 Hurt Lane; he stated that he is not against the request, but he has concerns about traffic, water runoff, and trash; he stated that he has been working off Hurt Lane for 25 years, and after he built his building in 2004, his front parking lot had over a foot of water in it; he stated that he had to place a retention pond to handle the storm water runoff after he built his building and it is not big enough to hold all the runoff that comes through the area; and WHEREAS, Councilman Jones asked the City Engineer to address the runoff concerns; and 3 WHEREAS, the City Engineer stated that he has sent some engineers to look at the issue and some preliminary site reports have been done; he stated that there is a 36-inch RCP that goes down the middle of Hurt Lane and there are some tie-ins and Engineering has checked on the inlets to Taco Bell, there is curb and guttering to Taco Bell and is sloped properly to the inlets at Taco Bell; he stated that the site at 41 Hurt Lane is on average 1 to 1 ½ feet lower toward the railroad tracks than 42 Hurt Lane; therefore, no water from 41 Hurt Lane should come back to the site at 42 Hurt Lane because it would be flowing uphill; he stated that the water runoff coming back to 42 Hurt Lane is most likely coming from Famous Anthony’s and some from the Layman properties around the property; and WHEREAS, Mr. Carr stated that from where the pipe comes out of the retention pond on his property and goes under the road, it then goes around over to the train tracks and when that was done, it goes uphill; he stated that was done when Duncan bought the property; and WHEREAS, the City Engineer stated that no manholes could be located in order to look at the pipe; therefore, a camera would need to be used in order to tell for certain how the pipe was placed; the property is also on the list to drive by when there is heavy rain; he stated that he does not think that the proposed development on 41 Hurt Lane will cause any additional issues relating to storm water management; and WHEREAS, a discussion was held regarding localized flooding, river flooding, and the requirements for structures to be placed in the flood plain, etc.; and WHEREAS, Councilwoman Garst questioned when the site plan for the property would be submitted to the Engineering Department; and WHEREAS, Mr. Neel stated that if the Special Exception Permit is granted, the site plan would be submitted within 2 to 3 weeks; he thanked Mr. Carr for his concerns and stated that they will keep the trash picked up; he noted that the proposed site is more of a destination site and the traffic should only increase very little; and WHEREAS, no other person(s) appeared related to the request; ON A MOTION MADE BY, COUNCILWOMAN GARST SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, a Special Exception Permit to allow a modular home sales center on the property located at 41 Hurt Lane (Tax Map 4 #139-5-7) 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. Mayor Foley requested that Council consider an ordinance on second reading authorizing the issuance of up to $3,200,000 in general obligation public improvement bonds; the ordinance was passed on first reading at the February 11, 2013, meeting; ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance authorizing the issuance of up to $3,200,000 in general obligation public improvement bonds 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 adopting Resolution 1222 providing for the form, details and payment of general obligation public improvement bonds; and WHEREAS, the Interim Director of Finance appeared before the Council and stated that the resolution is related to the bonds that were considered as Item 2 on the agenda; she stated that the resolution outlines the structure of the bond, tells what form their in, the interest rate maximum, and the term of the bonds; she noted that it has a rate not to exceed 1.45 percent that are 20 -year bonds that will mature in 2035; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1222 providing for the form, details and payment of general obligation public improvement bonds 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 setting bond for erosion and sediment control for the Village at North Mill – Phase I project; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the estimate for erosion and sediment control for the Village at North Mill – Phase I project and recommends ITEM 3 RESOLUTION 1222 ADOPTED PROVIDING FOR THE FORM, DETAILS AND PAYMENT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS ITEM 4 BOND SET FOR EROSION AND SEDIMENT CONTROL FOR VILLAGE AT NORTH MILL – PHASE I PROJECT ITEM 2 ORDINANCE ADOPTED AUTHORIZING THE ISSUANCE OF UP TO $3,200,000 IN GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS 5 setting bond in the amount of $48,730 with a time limit of twelve (12) months for completion; and WHEREAS, Vice Mayor Givens reviewed the proposed development of the property; and WHEREAS, Councilman Jones requested that the City Engineer discuss the retention pond for the proposed development; and WHEREAS, the City Engineer stated the Village at North Mill was a 60-plus unit development and it currently has been broken down into three phases; the first phase is eight lots that front on North Mill; one of the conditions imposed upon the development is that storm water management will have to be built for the ultimate development; therefore, the pond being built will be for the 60 -plus lots even though eight are being built at this time; a berm will be created to make sure most of the water will divert into the pond; the pond has been resized and brought up to today’s current standards for storm water management; and WHEREAS, Councilwoman Johnson noted that there had been an issue about public water to the development; and WHEREAS, the City Engineer stated that there is an issue regarding water, which is why the development has been divided into phases; Phase I can be completed meeting the criteria for fire flow protection; Phase II is on the cusp of being okay; and Phase III will require some type of solution to meet fire flow requirements; he deferred further questions related to water issues to the Director of the Water and Sewer Department; and WHEREAS, Councilwoman Garst questioned if the developer places the storm water management system on the development, who is ultimately responsible to make sure it operates as it should; and WHEREAS, the City Engineer stated that one of the things the Engineering Department has been doing for the past two to three years is requiring the developer to create a home owners’ association in any major subdivision; the Engineering Department details the requirements for maintenance and other things by the home owners; it is then reviewed by the City Attorney and signed by Mayor Foley; and WHEREAS, Councilwoman Garst questioned the private road; she thought the city was trying to stay away from private roads because the roads are eventually abandoned and the city has to take them over; and 6 WHEREAS, the City Engineer stated this is a unique situation; placing a driveway for a single house along North Mill has not been popular and in this situation staff deemed it to be a public safety issue; removing eight individual entrances “trumped” any reservations that go along with maintenance of a private road; the houses are to be built to appear to front on North Mill; mail will be delivered on North Mill and the trash will be picked up on North Mill; he stated that in all regards, except for driveways, the houses will be fronting on North Mill; and WHEREAS, Councilwoman Garst noted that public safety will respond to North Mill and plowing will be confined to North Mill; and WHEREAS, the City Engineer confirmed that the private road will not be plowed by city workers; and ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, bond for erosion and sediment control for the Village at North Mill – Phase I project was hereby set at $48,730 with a time limit of twelve (12) months for completion – 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 adopting Resolution 1223 opposing the proposed policy on the use of state pool funds for Medicaid eligible services; and WHEREAS, Benjamin Tripp, Planner, appeared before the Council and stated that the State Executive Council is proposing a policy change which will prohibit the use of State Pool Funds for Medicaid eligible services; currently the FAPT and the Salem CPMT use those pool funds in certain situations when decisions are made in the better interest of the child; the proposal is currently in the public comment phase, which ends Friday, March 1, 2013; staff drafted the proposed resolution for the purpose to be included in the public comments; and WHEREAS, Councilman Jones stated that whatever can be done to keep siblings from being separated is most important; and WHEREAS, Vice Mayor Givens noted that this is another example of the state requiring local governments to come up with funding for state mandated programs; and ITEM S1 RESOLUTION 1223 ADOPTED OPPOSING THE PROPOSED POLICY ON THE USE OF STATE POOL FUNDS FOR MEDICAID ELIGIBLE SERVICES 7 WHEREAS, Mayor Foley stated it is frustrating that in a year where government officials are looking to expand Medicaid to recipients throughout the state, that the State Executive Council wants to reduce funding; thereby placing the onus of the funding of the children on the localities; and WHEREAS, Councilwoman Garst stated that the state is taking a shot at the most vulnerable members of our society and people who do not have advocates; she appreciates that this resolution was brought before Council; she questioned if there is opportunity for Council to further comment, and asked that Mr. Tripp forward the information to Council in order to follow -up on this issue; ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1223 opposing the proposed policy on the use of state pool funds for Medicaid eligible services 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 setting a public hearing in accordance with Section 98-94 OF The Code of the City of Salem, Virginia, for issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the public hearing in accordance with Section 98-94 of The Code of the City of Salem, Virginia, for the issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months was hereby set for March 11, 2013 – 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 Council members will be attending a meeting at Green Ridge Recreation Center at 5:30 p.m. on Thursday, February 28, 2013, for an Economic Development Summit hosted by Roanoke County. There being no further business to come before the Council, the same on motion adjourned at 8:05 p.m. ITEM S2 PUBLIC HEARING SET FOR ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR THE NEXT TWELVE (12) MONTHS