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HomeMy WebLinkAbout2/14/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, February 14, 2022, 6:30 PM Work Session 5:45 P.M. Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 Regular Session 6:30 P.M. Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 WORK SESSION 1. Call to Order A. Roll Call A work session of the Council of the City of Salem, Virginia, was held in Parlor A at the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on February 14, 2022, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members; Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Chuck Van Allman, Director of Community Development; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2. Consent Agenda 3. New Business A. Discussion Items Discussion of Draft Chapter 106 and Chapter 78 Amendments to City Code WHEREAS, a handout of comments provided by John Breen was distributed to Council. WHEREAS, Mary Ellen Wines, Zoning Administrator, gave an overview of current practices in City Code Chapter 78 and Chapter 106. Staff recommended changes for proficiency and housekeeping purposes; and 4. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:23 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia was called to order at 6:30 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; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; 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 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. The following have signed up to speak at this meeting: 1) Patricia Clark, 318 Maple Street - Requesting sign to restrict vehicles from parking inappropriately on this street 2) Alexander Stein, 506 Main Street - Mandates 3) Cynthia Munley, 425 Roanoke Boulevard - Recognizing and employing citizens' love for Salem Patricia Clark, 318 Maple Street, appeared before Council. She requested a No Parking Sign for her street from the corner of Roanoke Street and Maple to 4th and Maple to restrict vehicles from parking in front of the houses on the street. Councilman Jones indicated that he thinks Chief Crawley is already aware of this concern and suggested the City Manager and Assistant City Manager communicate with him to follow up. Alexander Stein, 506 Main Street, was not present at the meeting. Cynthia Munley, 425 Roanoke Boulevard, was the last citizen to speak before Council. She spoke on utilizing Salem residents' love for Salem and including their feedback in decision-making. She included recollections of past City decisions in her comments and requested that City Council consider citizen feedback in their decisions. B. Minutes Consider acceptance of the January 24, 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 six months ending December 31, 2021. The financial reports were received. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120- 1-5) from RB Residential Business District to TBD Transitional Business District. (Approved on first reading at the January 24, 2022 meeting) William Jones motioned to adopt ordinance on second reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to TBD Transitional Business District. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. (Approved on first reading at the January 24, 2022 meeting) Randy Foley motioned to adopt ordinance on second reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Amendment to the City Code - Chapter 86 Consider ordinance on second reading amending Chapter 86 Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia to establish a pilot program for shared mobility devices. (Approved on first reading at the January 24, 2022, meeting) Mayor Turk reiterated that the General Assembly requires that localities allow scooters. She also explained that the Pilot Program would allow the City to set guidelines and to have recourse if the guidelines set by the City are not followed. Randy Foley motioned to adopt ordinance on second reading amending Chapter 86 Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia to establish a pilot program for shared mobility devices. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 6. New Business A. Use Not Provided For Permit CANCELLED AS THE PROPERTY OWNER HAS WITHDRAWN THEIR REQUEST Hold public hearing to consider the request of Sia Asset Management LLC, applicant, and Helm Building Enterprises, LTD, property owner, for a Use Not Provided For Permit to allow crypto mining at 1401 Southside Drive, Tax Map # 165-4-2.1. (As advertised in the December 23 and 30, 2021 issues of the Salem Times-Register). (Planning Commission recommends approval with conditions: see pages 3-7 of Planning Commission minutes) (Continued from January 10, 2022 Council Meeting) STAFF REPORT Mayor Turk stated that a request to withdraw Item #6A from the agenda had been received in written form from the property owner. B. Public Improvement Bonds Hold a public hearing and consider adoption of ordinance to authorize the issuance and sale of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000. (As advertised in the January 20 and January 27, 2022 issues of the Salem Times Register.) Audit - Finance Committee Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. James Wallace motioned to adopt ordinance on first reading to authorize the issuance and sale of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000 to finance the City’s share of the costs to renovate the existing anaerobic digestion facilities at the Western Virginia Regional Wastewater Treatment Plant. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. General Obligation Public Improvement Bonds Consider adoption of Resolution 1419 authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022. Audit - Finance Committee James Wallace motioned to adopt Resolution 1419 authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022, in a principal amount not to exceed $2,350,000 to finance the City’s share of the costs to renovate the existing anaerobic digestion facilities at the Western Virginia Regional Wastewater Treatment Plant. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Appropriation of Funds Consider request to amend the School Operating Fund and School Grants Fund budgets as approved by the School Board on January 11, 2022. Audit – Finance Committee James Wallace motioned to approve appropriation changes made by the School Board at their meeting on January 11, 2022 to increase revenues and expenditures by $20,000 in the School Operating Fund Budget and to increase revenues and expenditures by $175,219 in the School Grants Fund Budget. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Appropriation of Funds Consider request to appropriate grant funds awarded by Community Foundation. Audit - Finance Committee James Wallace motioned to appropriate $50,000 in grant revenue from the Community Foundation for gateway signage and to authorize any such grant funds unspent in the current fiscal year be administratively appropriated in the subsequent fiscal year. This grant requires a local match of $25,000 that is available in the Tourism budget account. The grant was secured by Virginia's Blue Ridge for a consistent signage throughout the region. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Appropriation of Funds Consider request to appropriate proceeds from the sale of equipment. Audit - Finance Committee James Wallace motioned to appropriate revenue and increase the expenditure budget in the Streets Department by $10,830, respectively, for the sale of a surplus 1995 International 4700 Truck and to authorize any such proceeds unspent in the current fiscal year be administratively appropriated in the subsequent fiscal year. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace G. Taxicabs Consider setting the date for a 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. (Suggest March 14, 2022). City Manager Taliaferro explained that the City Code requires that City Council annually approve Taxicabs and that this requires a public hearing to approve Certificates of Public Convenience and Necessity. Staff recommended that Council consider March 14th as the public hearing for the taxicabs. Randy Foley motioned to hold the public hearing for the issuance of Certificates of Public Convenience and Necessity on March 14, 2022. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace H. Olde Salem Days 2022 Consider adoption of Resolution 1418 closing Main Street on Saturday, September 10, 2022. Mayor Turk remarked that this action is taken yearly. Mr. Taliaferro explained that the Resolution serves as a formal request to VDOT to allow the closing of Main Street (a portion of US Highway 460) for Olde Salem Days. Mr. Jones asked if side streets were included, and Mr. Taliaferro responded that the resolution only includes Main Street because it was a US Highway. Randy Foley motioned to adopt Resolution 1418 closing Main Street on Saturday, September 10, 2022. John Saunders seconded the motion . Ayes: Foley, Jones, Saunders, Turk, Wallace I. Street Acceptance Consider adoption of Resolution 1420 requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments. Mr. Van Allman explained that Community Development performed an internal audit on the list of the City's streets for street maintenance funding in the Commonwealth and are requesting the adoption of Resolution 1420 to include additional streets in the City's maintenance system. Randy Foley motioned to adopt Resolution 1420 requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace J. Amendment to Miscellaneous Fees Consider adoption of Resolution 1421 amending Miscellaneous Fees for 2021-2022. Mr. Taliaferro explained that annually Council adopts the Miscellaneous Fees along with the budget. This year, with rising costs, the current fee to purchase a dumpster by a City business is $1,440. The actual cost for the purchase of a dumpster exceeds this fee; therefore, the City is selling them at a loss. Staff recommended that the fee be changed to $1,800 for a City business to purchase a dumpster. This is the only fee on the list that was being amended. Randy Foley motioned to adopt Resolution 1421 amending Miscellaneous Fees for 2021-2022. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace K. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to recommend Janie Whitlow for Circuit Court appointment to fill the unexpired term of Nancy Duffy, for the remainder of a three-year term expiring November 30, 2023 to the Board of Equalization of Real Estate Assessments; to recommend Frank Sellers for Circuit Court appointment as full member to fill the unexpired term of David Derr for the remainder of a five-year term ending March 30, 2023 to the Board of Zoning Appeals; and to recommend F. Van Gresham for Circuit Court re-appointment for a five-year term ending March 20, 2027 to the Board of Zoning Appeals. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Sections 2.2-3711 A (3) and (6) of the 1950 Code of Virginia as amended for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically the acquisition of real property; and for discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the government unit would be adversely affected. Jim Wallace motioned that Council move to closed session at 7:00 p.m. in accordance with Sections 2.2-3711 A (3) and (6) of the 1950 Code of Virginia as amended for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically the acquisition of real property; and for discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the government unit would be adversely affected. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace James Wallace motioned to reconvene at 7:19 p.m. in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the closed session was convened were heard, discussed, or considered by the Council. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:19 p.m.