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HomeMy WebLinkAbout10/24/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION October 24, 2011 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 October 24, 2011, 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; Frank P. Turk, Director of Finance; and Krystal M. Coleman, Deputy City Clerk; 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 2012 Public Improvements Bonds; and WHEREAS, a discussion was held regarding the Flexible Benefits Program; and WHEREAS, a discussion was held regarding revenue sharing, East Main Street project; and WHEREAS, a discussion was held regarding the 2012 Legislative program; 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 Clerk of Council COUNCIL MEETING October 24, 2011 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on October 24, 2011, 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, II, Assistant City Manager and 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: The October 10, 2011, work session and regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a three-month period ending September 30, 2011, 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 Ice House Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a competitive cheerleading training facility on the property located at 629 South Broad Street (Tax Map #160-10-7.3); notice of such hearing was published in the October 5 and 12, 2011, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, it was noted that the Planning Commission at its regular meeting held October 12, 2011, recommends approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel located on South Broad Street, just north of Broome Street and across the street from G. W. Carver Elementary School; it is approximately .18 acre and is currently occupied by one unit of a multi-tenant warehouse facility; approximately four years ago, the property owners came before the Planning Commission and City Council for a similar request on the property located adjacent to this property on Chapman Street; the request was approved and Epperly Elite Gymnastics operated its business there for approximately two and a half years; recently the property owners were approached by a competitive cheerleading training facility to lease this 4,750 square-foot portion of the multi- unit building; the owners feel this use conforms to the environmental goals of ITEM 1 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A COMPETITIVE CHEERLEADING TRAINING FACILITY ON THE PROPERTY LOCATED AT 629 SOUTH BROAD STREET (T/M 160-10- 7.3) 2 LM zoning district for clean, low impact use; they believe the educational and recreational nature of this facility would integrate perfectly in this area; and the proposed use requires the approval of a Special Exception Permit; and WHEREAS, the Director of Planning and Economic Development stated that approximately four years ago the property owners came before the Planning Commission and City Council for a similar request on property they owned on Chapman Street; the request was approved and a gymnastics center was placed on the Chapman Street property; she further stated that potential tenants came to the property owners requesting to lease approximately 4,750 square feet of the building located on South Broad Street; she stated that the owners feel the use conforms with the environmental goals and are present at the meeting; and WHEREAS, Stuart Meredith, property owner, 2695 Turnberry Road, Salem, VA; Craig Hilsmier, owner of Iconic All Stars, 3821 Sun Breeze Circle, Roanoke, VA; and Robert Lazano, head coach and co-owner of Iconic All Stars, 3821 Sun Breeze Circle, Roanoke, VA, appeared before the Council in support of the request; Mr. Meredith stated that the space has been available for several years; the building has very tall ceilings and is mostly open space except for a single column; he stated that the space would work well for the proposed use; he further stated that the building does not have an extreme amount of parking or dock space for the warehouse as the building was originally intended; therefore, the proposed use would be ideal for the property as the activity at the building will be mainly after school hours in the evenings; and WHEREAS, Vice Mayor Givens clarified the location of the property; and WHEREAS, Councilman Jones questioned if the available parking on the property would be adequate; and WHEREAS, Mr. Meredith stated that with the hours of operation being after hours, the parking for both buildings could be used, as well as the school parking that is located directly across the street from the building; and WHEREAS, Vice Mayor Givens stated that with the various school activities and recreational sporting events held at the school in the evenings and on Saturdays, the parking lot at the school would not be available for use and questioned if that would cause an issue; and WHEREAS, Mr. Hilsmier stated that practices normally would not be held 3 on Saturdays, it would be after school predominantly between 5 and 7 p.m.; he stated that they would work with the school in an effort to avoid any conflict; and WHEREAS, a discussion was held regarding the age of the participants, programs, etc.; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, a Special Exception Permit to allow a competitive cheerleading training facility on the property located at 629 South Broad Street (Tax Map #160-10-7.3) 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 reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading for rezoning the property located at 103 & 105 Keesling Avenue (Tax Map #174-1-5.1) from RSF/RMF Residential Single Family District and Residential Multi-Family District with conditions to RSF/RMF Residential Single Family District and Residential Multi-Family District; also consider the request for a Use Not Provided for Permit to allow an office and residential use; notice of such hearing was published in the October 5 and 12, 2011, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, it was noted that the Planning Commission at its regular meeting held October 12, 2011, recommends approval of said request; and WHEREAS, staff noted the following: the subject property is located on the north side of Keesling Avenue, a short distance from the intersection with West Main Street; the property is approximately 1.77 acres and is occupied by a multi-unit house containing a single family residence and a single professional law office; the residence is occupied by the owner of the property, who is also the owner of the law firm; this property exists as a grandfathered use since the zoning classifications have changed since it was originally allowed; as a grandfathered use, the law firm is not able to expand to accommodate its growth; therefore, this request is for a Use Not Provided for Permit to allow a single family residence with a single attached professional office; this configuration will allow the law office to expand; several proffers were made during the original rezoning of this property; these would be extinguished as part ITEM 2 ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY AT 103 & 105 KEESLING AVENUE (T/M 174- 1-5.1) FROM RSF/RMF WITH CONDITIONS TO RSF/RMF; USE NOT PROVIDED FOR PERMIT TO ALLOW AN OFFICE AND RESIDENTIAL USE APPROVED 4 of this request; those proffers are: 1. The use of the property will be for one professional office; 2. All other R-4 uses will be excluded; and 3. The rezoning is confined only to the existing building and should the building be destroyed, the property will revert to R-1 zoning without any further action; there are several issues with these proffers; Number 2 effectively prohibited residential uses; and the third proffer may not be enforceable; and WHEREAS, Barney Horrell of Brushy Mountain Engineering, 3555 Carvins Cove Road, Salem (Roanoke County), appeared before the Council in support of the request; he stated that the use of the property will not be changed, but the existing use is not in compliance with the current zoning code; he stated that the property is currently zoned RSF/RMF and the more simple solution, as city staff recommended, would be to zone the entire parcel RMF, but the petitioners had already spoken with the surrounding neighbors and told them that the zoning or use of the property would not be changed; therefore, they did not want to go back to the neighbors after assuring them that the zoning and use of the property was not going to change; he further stated that it is a use not provided before as currently the Poarch family resides in one half of the house, and a single law office is operated by Mrs. Lockhart Poarch in the other half of the house; he stated that three attorneys and some support staff currently work out of the office; he further stated that the petitioners would like to add a single story carriage house-type addition to the current residence in which there would be four offices in an effort to spread out the current staff; he stated that the idea was to match the architecture as closely as possible to the existing structure; he further stated that the request is to eliminate the proffers associated with the property; he stated that the first two proffers are in conflict with the existing use of the property and the third proffer would not allow for an expansion of the building; and WHEREAS, Councilwoman Garst questioned if there would be outside lighting placed on the addition; and WHEREAS, Mr. Horrell stated that parking is located off the left side of the existing house, and the church parking lot is available for use as well; he stated that neither area is lighted; and WHEREAS, Christine Lockhart Poarch, property owner, appeared before the Council and stated that there is existing lighting on the porch side—dusk-to- dawn lighting was replaced with “trigger” lighting, which comes on as well as a safety mechanism; and WHEREAS, a discussion was held regarding the proposed layout of the 5 addition; and WHEREAS, Councilman Jones questioned if any of the neighbors expressed any concerns; and WHEREAS, Mrs. Poarch stated that only one neighbor showed up , a renter of one of the townhomes, and they thought they were coming to view what had been finished instead of viewing what we are proposing; she stated that the area of the proposed addition is mostly shielded by fairly thick growth, and is mostly visible by the townhomes across the street; she stated that she has personally delivered the plans before Council to all adjacent properties, including the rental properties; and WHEREAS, a discussion was held regarding the proffers currently placed on the property; it was noted that a proffered condition that states if something happens or doesn’t happen, the property will revert to another zoning is not considered proper or even legal; and WHEREAS, Councilwoman Garst questioned what businesses could be placed on the property if the law office were to vacate the premises; and WHEREAS, it was noted that the structure is zoned RMF; therefore, what uses are allowed in RMF zoning could be placed on the property by-right, or the uses allowed by a Special Exception Permit, which would have to come before Council; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance entitled, “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,” was hereby passed on first reading removing the proffered conditions, and the request for a Use Not Provided For Permit to allow an office and residential use 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 receive report and consider adoption ITEM 3 RESOLUTION 1187 ADOPTED AUTHORIZING REIMBURSEMENT FROM PROPOSED 2012 BOND ISSUE FOR ONGOING 6 of Resolution 1187 authorizing reimbursement from proposed 2012 bond issue for ongoing costs; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the proposal for the 2012 Public Improvement Bonds; the proceeds will reimburse the City for any expenses advanced by the City or Schools towards the replacement of South Salem Elementary School; the Committee recommends the adoption of Resolution 1187 authorizing this reimbursement in the amount of $17,000,000.00; and WHEREAS, the Director of Finance stated that the proposed resolution is a requirement to protect the City under the IRS Code; he stated that under the IRS Code if the City anticipates that it would expend some monies before the bonds are issued, those funds can be reimbursed to the General Fund after the bonds have been issued; he further stated that a definite amount of the bond issue has not been decided, although the resolution indicates a maximum size; he stated that the schools are in the process of developing a school replacement program, which would be paid for by a bond issue; he stated that in order to be in compliance with the IRS regulations that would allow the City to recoup those expenses should the City determine it wants to, then this resolution needs to be adopted prior to issuing the bonds; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1187 authorizing reimbursement from proposed 2012 bond issue for ongoing costs was hereby adopted: (HERE SET OUT RESOLUTION 1187) – 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 physical improvements and erosion and sediment control for the Murrell Avenue extension project; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Murrell Avenue Extension project and recommends setting bond at $8,580 with a time limit of ITEM 4 BOND AND TIME LIMIT SET FOR MURRELL AVENUE EXTENSION 7 twelve (12) months for completion; he noted that Mr. Waldrop donated property to the city at the end of Murrell Avenue, which was a dead end in order to develop a cul-de-sac for vehicles to turn around; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, bond for physical improvements and erosion and sediment control for the Murrell Avenue extension project was hereby set at $8,580 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 adopts Resolution 1188 amending the City’s Flexible Benefits Program to allow for third party providers; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the proposed amendments to the City’s Flexible Benefits Program and recommends adoption of Resolution 1188 to allow for third party providers; and WHEREAS, the Director of Finance stated that the City has long had in place a Section 125 Cafeteria Plan that allows employees to set aside money for certain medical expenditures on a tax-free basis; the City has had this plan since the 1980s and has saved considerable amounts in employer matching money through this process; the only change in this plan is the reimbursement process for non-insurance expenditures for employees and other dependent care expenses; he stated that a third party administrator will handle the reimbursements and employees will have a debit/credit card to pay co-pays or child care payments; he stated that this is a more private and efficient operation; however, to accomplish this the IRS requires the City to amend its current flexible benefits plan by adding the language necessary to accommodate the third party administration; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1188 amending the City’s Flexible Benefits Program to allow for third party providers was hereby adopted: (HERE SET OUT RESOLUTION 1188) – 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 appointments to fill ITEM 5 RESOLUTION 1188 ADOPTED AMENDING THE CITY’S FLEXIBLE BENEFITS PROGRAM TO ALLOW FOR THIRD PARTY PROVIDERS ITEM 6 LARRY CADD RATIFIED AS AN AT- LARGE REPRESENTATIVE ON THE BLUE RIDGE BEHAVIORAL HEALTHCARE 8 vacancies on various boards and commissions; and ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Larry Cadd was hereby ratified as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors for a three-year term, said term will expire December 31, 2014 – 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 90 of The Code of the City of Salem, Virginia, by enacting Article V, Sections 90-391 thru 90-397, pertaining to water emergencies; ordinance was passed on first reading at the October 10, 2011, meeting; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 90 BY ENACTING ARTICLE V, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO WATER EMERGENCIES,” 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 consider adopting Resolution 1189 approving the Roanoke Valley Alleghany-Regional Water Supply Plan; and WHEREAS, it was noted that Council approved the plan at its October 10, 2011, meeting; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1189 approving the RVARC Regional Water Supply Plan was hereby adopted: (HERE SET OUT RESOLUTION 1189) – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – ITEM S2 RESOLUTION 1189 ADOPTED APPROVING THE RVARC REGIONAL WATER SUPPLY PLAN ITEM S1 DROUGHT ORDINANCE ADOPTED 9 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 8:05 p.m.