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HomeMy WebLinkAbout8/22/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, August 22, 2022, 6:30 PM Work Session is cancelled for August 22, 2022 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Sa lem, Virginia 24153 WORK SESSION WORK SESSION IS CANCELLED REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia was called to order at 6:33 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and John Saunders (participated remotely); with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk noted that several public hearings will be held this evening and that with the volume of citizens that were present, there would be a five-minute limit for each speaker once the public hearing had been opened. She explained how the clock worked so that each speaker would know how much time they had remaining to speak. Mayor Turk recognized Field Training Officer Watkins and asked that he introduce the two new officers that were present with him this evening. Officer Watkins introduced Officer Meredith and Officer Linkous. Mayor Turk thanked them for committing to serve the people of the City of Salem and for their hard work and dedication. Mr. Jones conveyed that they were free to leave as they knew they were on patrol. Council expressed their appreciation to the officers. Mayor Turk requested that Mr. Light read a request from Mr. Saunders to participate remotely in this Council meeting. The request from Mr. Saunders stated: "In accordance with Section 2.2-3708.2 1(A) of 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 medical reason." Mayor Turk motioned to accept the remote participation of Mr. Saunders. Mr. Jones seconded the motion. Ayes: Foley, Jones, Wallace, Turk Abstain: Saunders 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. The following have signed up to speak that this meeting: No citizens signed up to speak at this meeting. B. Minutes Consider acceptance of the July 25, 2022 Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2022. The financial reports were received. 5. Old Business A. Ordinance to Return Portion of Personal Property Taxes on Eligible Vehicles Consider ordinance on second reading to return a portion of tax year 2022 personal property taxes paid on those vehicles eligible for relief from the Commonwealth of Virginia's Personal Property Tax Relief Act of 1998 (PPTRA). This ordinance will become effective immediately upon adoption. (Approved on first reading at the July 25, 2022 meeting). Mayor Turk noted that Salem City Council has worked with City Staff to be able to refund a portion of Personal Property taxes received on eligible vehicles this year. She noted that this ordinance would become effective immediately upon approval. William Jones motioned to adopt ordinance on second reading to return a portion of tax year 2022 personal property taxes paid on those vehicles eligible for relief from the Commonwealth of Virginia's Personal Property Tax Relief Act of 1998 (PPTRA). Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Mayor Turk restated that this ordinance would become effective immediately with the emergency provisions and that staff would be working to get the rebates out to citizens sometime in September. 6. New Business A. Vacation of Right of Way Hold a public hearing on the request of Joseph Thompson to consider permanently vacating and disposing of an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue and consider adoption of Resolution 1440 appointing viewers to review and report on this request. (As advertised in the August 4 and 11, 2022 issues of the Salem Times- Register). Mayor Turk opened the public hearing. Joseph Thompson; 26 Carriage Lane, Troutville, VA; appeared before Council. He expressed that they had to go through the limited access process with VDOT which was done in June. This was followed by execution on environmental borings as there were some DQ records in the vicinity. This turned out to show no issues. The vacation of right of way is the next step in the process, which they are currently working through. They hope to have this recorded and be ready to move forward with the project in early October. Mayor Turk noted that Mr. Thompson is the developer for the project on this corner and thanked him for coming forward to speak with Council. Mr. Jones thanked him for cleaning this corner up and other Council members expressed appreciation as well. Mayor Turk closed the public hearing. Randy Foley motioned to forego the viewer process and to go ahead and approve the ordinance on first reading permanently vacating and disposing of an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue more specifically described in the Balzer drawings where this is depicted as between Dalewood and 419. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Special Exception Permit Hold public hearing to consider the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission recommended approval with conditions, see page 3-8 of the August 10, 2022, Planning Commission minutes. STAFF REPORT Mayor Turk noted that Planning Commission recommended approval of this request with conditions and that Council has the information provided by the Planning Commission with the conditions set forth. Mayor Turk opened the public hearing. Lewis Barker, 324 North Broad Street, appeared before Council. He stated that his father, George Barker, 320 North Broad Street, was with him this evening. He indicated that Barker Salem Homes, LLC had been in business thi rty-three years, buying property for thirty-five years, and this was the first time that they had made this type of request. He thanked Mary Ellen Wines, Troy Loving, and the Building Officials for all of their help in working through this process. Mr. Barker stated that their original intent had been to remodel. He noted that David Elam, adjacent property owner, supports his request and that he would be here this evening if he did not live in Atlanta. He noted that some of the neighbors had shared concerns about traffic on School Lane and the appearance of the house. They are now hoping to remove the current single - family home as it does not conform to set back restrictions and to build a two- story duplex with access from White Oak Street. Mr. Barker shared that he had been in contact with the Building Inspector's Office and that, if this request was approved by Council, he would go to get a building permit and would have a building contractor ready within a week to tear the property down. The duplex would most likely not be built for a year or two. Mayor Turk asked to clarify if the duplex would be 1600 feet on each side. Mr. Barker responded that the size could be even larger than that now, but his plans are to build a duplex similar in size to the adjacent ones with side-by-side units having a downstairs and an upstairs for each unit. Mr. Wallace asked if the intent was for the driveway to be off White Oak Street. Mr. Barker responded affirmatively. He also noted that access to School Lane would be sealed off. Faye Curren, 409 South Broad Street, presented photographs and a petition signed by homeowners living near 10 School Lane for Council. She expressed concern by the homeowners in this area that the decision made by Council would have a negative impact on their homes, safety, and traffic on School Lane. She noted concerns of crime in the area and expressed their feeling that it would impact in a negative manner on home value s. Ms. Curren requested that Council deny the applicant's request to build a two-story duplex on this property and that facing the duplex on White Oak Street would not impact on their objection to this Special Exception Permit. Larry Lefler. 403 South Broad Street addressed Council next. He clarified that he lives at the corner of South Broad and School Lane. He restated the opinion that having the duplex face White Oak instead of School Lane will not overcome their objections and that the traffic will co ntinue to be a problem on School Lane. He ended by echoing the concerns of crime and traffic and asked Council to deny this Special Exception Permit request. Mayor Turk closed the public hearing. Mr. Jones requested that Mr. Barker return to the podium for questions. He asked about the value of the house on the market. Mr. Barker responded that the value of the house on the market would be $325,000 to $350,000. Mr. Jones also asked how the concerns of police involvement and people driving through yards could be addressed. Mr. Barker responded that he would take steps so that School Lane will not be accessible to the property if this request passed. He was also asked if it is his practice to ask tenants to leave if there are problems and the response was "yes" from Mr. Barker. Mr. Foley questioned hypothetically if Mr. Barker would rent the house if it were a one-family residence and Mr. Barker responded that he it would be a rental property as well if that were the case. He felt that the better option was to tear it down, correct the setbacks, and have it facing White Oak Street. Mr. Wallace asked if he was willing to stipulate in the lease that his tenants must use the driveway on White Oak. Mr. Barker responded that would be the only option as you would not be able to access it through School Lane. Mayor Turk asked which Street the front of the duplex would face. Mr. Barker answered that it would face White Oak Street. She also asked if building a single-family home was a consideration on his part. He responded that it was not. He noted that upon purchasing the property, the house h ad been boarded up at the request of the Building Official and that the lot had been cleaned up. Mayor Turk asked if Mr. Saunders had any questions. He did not. Randy Foley motioned to approve the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2). Bill Jones seconded the request. Mr. Wallace noted that he had checked City Code and that this request seemed to be compatible with existing and future land uses in the district. He also noted that Mr. Barker would be developing the land in either case and he did not feel that the traffic would significantly be different in this case. Mr. Taliaferro pointed out that the recommendation from the Planning Commission included a condition that parking and access are from White Oak Street. Randy Foley made amended motion as follows: Randy Foley motioned to approve the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2) with the condition that parking and access are from White Oak Street. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Nays: Saunders C. Special Exception Permit Hold public hearing to consider the request of Barry W Gladden and Tina Marie Gladden, property owners, for the issuance of a Special Exception Permit to allow a 1,400 SF detached garage on the p roperty located at 900 Palmer Avenue, (Tax Map # 215-7-1.1). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission recommended denial 3-2 vote, see page 8-10 of the August 10, 2022, Planning Commission minute s. STAFF REPORT Mayor Turk opened the public hearing. Barry Gladden, 900 Palmer Avenue, appeared before Council. He shared that he had been living at this property for fifty-three years. He is wishing to take down the steel building that is now on the pr operty and put up one that is 50' by 28' to house three vehicles. He plans to paint the house brown with green trim to match the garage and the roof would match the house as well . He also plans to plant evergreens that would grow no higher than 12 feet tal l around the property line and to pave the bottom driveway. Mr. Gladden noted that he had spoken with neighbors on Mulberry and Palmer to get feedback about his plan and that the neighbors were supportive. Mayor Turk asked what the dimensions of the house were, and Mr. Gladden responded that it was 26' by 48'. She also commented on the metal garage that is currently on the property. He responded that it was not in good condition and that he planned to take it down and pour a concrete slab. Mr. Gladden stated that he was happy to change the address to Mulberry and take down the fence as Community Development had recommended. He also noted that he was willing to do whatever was required by zoning and that he was willing to do a detached garage. Mr. Foley asked to clarify if Mr. Gladden was proposing to have an attached or detached garage. Mr. Van Allman spoke to the definition of what an attached garage was, and discussion was held on what conditions had to be met in order to be considered an attached garage. it was determined that the only way to move forward with this building that Mr. Gladden had purchased that the garage would have to be detached in order to comply. Mr. Jones also added clarification on the benefit of the plan to build a detached structu re. Mr. Foley asked to clarify the issues with the current side yard as the detached structure cannot be placed on a side yard. The petitioner is willing to change his address to Mulberry Street which would be placing the future garage in the rear yard. Mayor Turk asked Mr. Saunders if he had any questions, and he responded that he did not. Elizabeth Bowles, 2248 Mount Regis Drive, also addressed Council. She expressed concern for the number of large garages that were being built in the neighborhood and the effect of this on the appearance of the neighborhood. Michael M. Akers, 1343 Waldheim Road, was the third citizen to address Council. He spoke in support of Mr. Gladden, noting that he owns the property beside Mr. Gladden on Palmer Avenue. Mr. Akers stated that he had known Mr. Gladden for a number of years and been to Mr. Gladden's home and reviewed his plans. He noted that he did not have a problem with Mr. Gladden building this structure and that Mr. Gladden had assured him that he would be clearing out debris and planting some Evergreens to beautify the property and hide a portion of the garage from the street and from his property. Mr. Jones asked Mr. Van Allman what the required amount of separation from the main house was. Mr. Van Allman said that he felt three feet would work but that he would have to check into that. Mayor Turk asked if the entryway would still be from Palmer. Mr. Van Allman said that the entrance would still be off of Palmer but that the address would have to be changed to Mulberry and that this should not be an issue with Emergency Services due to GIS. He noted that Community Development would make sure that the requirement for Change of Address was followed through with. Terry Trent, 2025 Mulberry Street, was the last citizen to address Council this evening. He stated that he owned the house behind Mr. Gladden, that he had known Mr. Gladden for seven years and that he had been an excelle nt neighbor. He noted that Mr. Gladden has promised to clean up the debris on the fence line and that the trees on the fence were actually on his property. He stated that they have plans to work together to take these trees down and plant the evergreens in this area between the two homes. Mr. Foley asked Mr. Gladden if he was planning to repl ace the fence. Mr. Gladden responded that he plans to take it down and plant the evergreens. Mr. Jones questioned if he would be doing welding at this address and Mr. Gladden consented that he would not be doing welding at this location. Mayor Turk closed the public hearing. Mr. Wallace expressed the feeling that Special Exception Permit requirements should be compatible with the existing and future land uses in the district. He felt this is not compatible with other land use in the district, which is a requirement for the Special Exception Permit. Mayor Turk concurred that she had concerns with this as well. William Jones motioned to approve the request of Barry W Gladden and Tina Marie Gladden, property owners, for the issuance of a Special Exception Permit to allow a 1,400 SF detached garage on the property located at 900 Palmer Avenue, (Tax Map # 215-7-1.1) with the conditions that the address be changed to Mulberry Street and that the fence be shortened or removed. Randy Foley seconded the motion. Ayes: Foley, Jones Nays: Saunders, Turk, Wallace D. Special Exception Permit Hold public hearing to consider the request of Ornelas Main Street, LLC, property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the property located at 2016-2020 West Main Street, (Tax Map # 138-2-3). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission continued the item, see page 10-12 of the August 10, 2022, Planning Commission minutes. STAFF REPORT Mayor Turk noted that this particular item was continued at the Planning Commission. The public hearing was opened; however, the Planning Commission needs to complete further review and make a recommend ation before Council addresses this item. Renee Turk motioned to table this item until Planning Commission has been able to finish their review and make a recommendation to Council. James Wallace seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Salem City School Board Consider setting date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of terms for Artice Ledbetter and Andy Raines. (Suggest date of September 12, 2022). Mayor Turk suggested holding a public hearing at the September 12, 2022, Council meeting in order to give citizens time to determine if they would like to apply for a position on the City of Salem's School Board. She further explained that they could go on the City of Salem Website to get directions for how and where to apply. She noted that there are two seats that will become av ailable and that if citizens were interested in being on the School Board that they should make sure to have their application in by September 12. On that date, the names of the citizens that had applied would be presented to Council to be considered for a position. Council would then be considering and potentially interviewing the candidates and a decision would be made soon afterwards. Mr. Foley asked to confirm that the candidates would have the opportunity but were not required to speak at the September 12th meeting. Mr. Light confirmed this. Renee Turk motioned to set a date for a public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of terms for Artice Ledbetter and Andy Raines at the September 12, 2022, meeting of City Council. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley confirmed with Mr. Light that the Community Policy and Management Team had already approved these recommendations and that they were now being presented for Council's approval. All of the following recommendations are upon CPMT approval for the Community Policy and Management Team. Randy Foley motioned recommend appointing Cathy Brown to replace Cheryl Wilkinson from Blue Ridge Behavioral Healthcare and Sarah Watkins and Heather Gunn as additional alternates; recommend appointing Sherry Brown to replace Rosemary Walker as an alternate from Court Service Unit; and recommend appointing Sue Goad to replace Shannon Brabham from DSS and Chrissy Brake to replace Joyce Earl as alternate. Renee Turk seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 7:27 p.m.