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HomeMy WebLinkAbout6/25/2012 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION June 25, 2012 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 June 25, 2012, at 6:30 p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, and William D. Jones (Lisa D. Garst – absent); with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; Krystal M. Coleman, Deputy Clerk of Council; and Frank P. Turk, Director of Finance; 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 Oakey’s Parking Lot; and WHEREAS, a discussion was held regarding an appointment to the GRTC (Melinda Payne is to be appointed); 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 7:25 p.m. Mayor Deputy Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING June 25, 2012 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on June 25, 2012, 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; Krystal M. Coleman, Deputy Clerk of Council; Frank P. Turk, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the following business was transacted: It was noted that Colby Blaser with Boy Scout Troop 39 was present at the meeting. The June 11, 2012, work session and regular meeting minutes were approved as written. Mayor Foley reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading regarding the the request of Elaine F. Laletas, property owner, for rezoning the property located at 914 Delaware Street (Tax Map #185-5-4) from HBD Highway Business District to RSF Residential Single Family District; the Planning Commission at its regularly scheduled meeting on June 13, 2012, recommended approval of the request; notice of such hearing was published in the June 6 and 13, 2012, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, staff noted the following: the existing lot with home is 50 feet by 150 feet and is currently zoned HBD; the owner wishes to rezone to RSF in order to sell the property; because of the current zoning, the single family residence is grandfathered, and any potential purchaser who attempts to obtain a residential mortgage cannot acquire a loan; the request is similar to several that the Commission has considered over the years and is a matter of bringing the zoning into compliance with the current land use; and WHEREAS, the Director of Planning and Economic Development, explained the request; WHEREAS, no other person(s) appeared related to the request; ITEM 1 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY AT 914 DELAWARE STREET (T/M #185-5-4) FROM HBD TO RSF 2 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance rezoning the property of Elaine F. Laletas located at 914 Delaware Street (Tax Map #185-5-4) from HBD Highway Business District to RSF Residential Single Family District was hereby passed on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider adopting Resolution 1209 amending section 3.06 of the Personnel Operating Procedures pertaining to City Owned Vehicles; and WHEREAS, it was noted that amendments needed to be made before final approval; therefore, it was requested that the item be continued until the next meeting of Council; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1209 amending section 3.06 of the Personnel Operating Procedures pertaining to City Owned Vehicles was hereby continued – 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 amending Chapter 106, Article III Use and Design Standards, Section 106 - 316.3 Accessory uses; residential use types and Article VI Definitions and Use Types, Section 106-602.1 Agricultural use types of The Code of the City of Salem, Virginia, pertaining to urban agriculture; also consider amending Chapter 106, Article II Use and Design Standards of the Code of the City of Salem, Virginia, by adding Section 106-318 Urban Agriculture; ordinance was passed on first reading with amendments at the June 11, 2012, meeting; and WHEREAS, it was noted that the amendments were made and a discussion was held regarding the compliance period; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance amending Chapter 106, Article III Use and Design Standards, Section 106-316.3 Accessory uses; residential use types and Article VI Definitions and Use Types, Section 106-602.1 ITEM 3 ORDINANCE ADOPTED AMENDING CHAPTER 106, ARTICLE III USE AND DESIGN STANDARDS, SECTION 106-316.3 ACCESSORY USES; RESIDENTIAL USE TYPES AND ARTICLE VI DEFINITIONS AND USE TYPES, SECTION 106-602.1 AGRICULTURAL USE TYPES OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO URBAN AGRICULTURE; ALSO CONSIDER AMENDING CHAPTER 106, ARTICLE II USE AND DESIGN STANDARDS OF THE CODE OF THE CITY OF SALEM, VIRGINIA, BY ADDING SECTION 106-318 URBAN AGRICULTURE ITEM 2 RESOLUTION 1209 CONTINUED 3 Agricultural use types of The Code of the City of Salem, Virginia, pertaining to urban agriculture; also consider amending Chapter 106, Article II Use and Design Standards of the Code of the City of Salem, Virginia, by adding Section 106-318 Urban Agriculture was hereby adopted: (HERE SET OUT ORDINANCE) – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – nay, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider an ordinance on second reading to amend, revise, and reordain Chapter 14, Article II, Sections 14-38, 14- 39, and 14-169, of The Code of the City of Salem, Virginia, pertaining to animals; ordinance was passed on first reading with amendments at the June 11, 2012, meeting; and WHEREAS, it was noted that the proposed amendments relate to the chicken ordinance adopted; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance to amend, revise, and reordain Chapter 14, Article II, Sections 14-38, 14-39, and 14-169, of The Code of the City of Salem, Virginia, pertaining to animals was hereby adopted: (HERE SET OUT ORDINANCE) – 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 receive the Abstract of Votes cast at the June 12, 2012, Republican Primary Election; THEREUPON, said Abstract of Votes was received. (HERE SET OUT ABSTRACT OF VOTES) Mayor Foley requested that Council receive report regarding continuation of fiscal agent agreements between the City and Court Community Corrections/VASAP and the Cardinal Criminal Justice Academy for fiscal year ITEM 5 ABSTRACT OF VOTES RECEIVED IN JUNE 12, 2012, REPUBLICAN PRIMARY ITEM 6 CONTINUATION OF FISCAL AGENT AGREEMENTS BETWEEN THE CITY AND COURT COMMUNITY CORRECTIONS/ VASAP AND THE CARDINAL CRIMINAL JUSTICE ACADEMY FOR FISCAL YEAR 2012- 2013 APPROVED ITEM 4 ORDINANCE ADOPTED AMENDING CHAPTER 14, ARTICLE II, SECTIONS 14-38, 14-39, AND 14-169, OF THE CITY CODE PERTAINING TO ANIMALS 4 2012-2013; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee reported that the committee reviewed the fiscal agent contracts for Court-Community Corrections Regional Alcohol Safety Action Program Board and Cardinal Criminal Justice Academy and recommends approval with the option to add technology fees; and WHEREAS, the Director of Finance noted that the technology fees are directly related to the ERP costs; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, fiscal agent agreements between the City and Court Community Corrections/VASAP and the Cardinal Criminal Justice Academy for fiscal year 2012-2013 were hereby approved with the option to add technology fees – 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 adoption of Resolution 1210 authorizing the City of Salem to withdraw from the Virginia Retirement System Line of Duty Act Program; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee reported that the Commonwealth of Virginia will no longer fund the Line of Duty benefits for eligible hazardous duty professionals; it is now to be funded by the localities; the City has a one-time irrevocable opportunity to opt out of the VRS program and fund its own plan to be governed by a Board of Trustees; the committee reviewed Resolution 1210 and recommends approval of the City of Salem opting out of the Line of Duty benefits through VRS; and WHEREAS, it was noted that opting out of the VRS program does not eliminate any employee benefits; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1210 authorizing the City of Salem to withdraw from the Virginia Retirement System Line of Duty Act Program was hereby adopted: (HERE SET OUT RESOLUTION) – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson ITEM 7 RESOLUTION 1210 ADOPTED AUTHORIZING THE CITY OF SALEM TO WITHDRAW FROM THE VRS LINE OF DUTY ACT PROGRAM 5 – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider receiving report and consider awarding contract for repairs to the bridges located at Apperson Drive/Cook Drive and Apperson Drive/Route 419; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the committee reviewed bids for bridge repairs for the bridges at Apperson and Cook Drive, and Apperson and Route 419; the bids were reviewed by the City’s consultants Schwarts & Associates, and th e Engineering and Finance Departments; the committee reviewed the bids and recommends approval to accept the low bid from Applied Polymerics in the amount of $172,368.64; there are sufficient funds in the 2011-2012 Street & Highway Maintenance account for this project; and WHEREAS, the City Engineer stated that the repairs will extend the life of the bridges approximately 10 to 15 years and the load restrictions will be able to be removed once the repairs are completed; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, a contract for repairs to the bridges located at Apperson Drive/Cook Drive and Apperson Drive/Route 419 was hereby awarded to Applied Polymerics in the amount of $172,368.64 – 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 receiving report and consider awarding the contract to re-roof South Salem Fire Station #3; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the committee reviewed bids for the re-roofing of Fire Station #3; the bids were reviewed by Mike Tyler, Director of Streets and General Maintenance; Jay Taliaferro, Assistant City Manager; Doc Shane with Kinsey, Shane, & Associates; and the Salem Finance Department; the committee recommends approval to accept the low bid from Mountain Roofing, Inc., in the amount of $37,957 with 15 days completion; there are insuffici ent funds in the Fire Department budget, so a transfer of funds must be requested from the unappropriated balance; ITEM 8 CONTRACT AWARDED TO APPLIED POLYMERICS FOR REPAIRS TO THE BRIDGES LOCATED AT APPERSON DRIVE/COOK DRIVE AND APPERSON DRIVE/ROUTE 419 ITEM 9 CONTRACT AWARDED TO MOUNTAIN ROOFING, INC. TO RE-ROOF SOUTH SALEM FIRE STATION #3 6 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, a contract to re-roof South Salem Fire Station #3 was hereby awarded to Mountain Roofing, Inc., in the amount of $37,957 with 15 days completion with funds to come from the unappropriated balance – 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. There being no further business to come before the Council, the same on motion adjourned at 8:01 p.m.