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HomeMy WebLinkAbout10/7/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, October 7, 2024, 6:30 PM Work Session 5:45 P.M.; Regular Session 6:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on October 7, 2024, 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 (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Will Simpson, City Engineer; and Laura Lea Harris, Deputy Clerk of Council; 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. New Business A. Discussion Items Update of Major Projects with Community Development Chuck Van Allman, Director of Community Development, and Will Simpson, City Engineer, gave a presentation for Council updating them on the major projects undertaken by Community Development and the Grant funding utilized for each project. Discussion was held on the projects and explanations shared on the individual funding sources. Council was able to ask questions and received clarification. Information was presented on what is involved in applying for and receiving Grant funding as well as the administration of these projects. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:28 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 (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development: Mary Ellen Wines, Planning and Zoning Administrator; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions There were none this evening. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. John Breen, 142 Bogey Lane, was the first citizen to address Council. He spoke of the need for an update of City Code, Code enforcement, and a "factually beneficial community vision with supporting, accountable goals". Karita Knisely, 115 Union Street, spoke to Council in support of Salem's adoption of the Virginia Maintenance Code in full as well as a rental inspection code and program. She also offered suggestions on conduction of an inventory of blighted, vacant, and dilapidated structures and resulting Code enforcement. Jack Susser, 115 Union Street, shared some of the history and expressed concerns about health and safety in regard to the structure at 203 Union Street. B. Minutes Consider acceptance of the September 9, 2024, Work Session and Regular Meeting minutes and the September 17, 2024, Special Meeting Work Session minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the two months ending August 2024. The Financial Reports were received. 5. Old Business 6. New Business A. Salem City School Board Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointments for the expiring terms ending December 31, 2024 of two members of the City of Salem School Board. (As advertised in the September 19, 2024, issue of the Salem-Times Register). Mayor Turk opened the public hearing. Mr. Foley asked, for clarification, whether candidates expressing interest in the School Board positions were required to speak or if they just needed to submit their application. Mr. Light clarified that part of the requirement of the State Code was that at the public hearing, the names of anyone that Council would be considering must be read. He noted that the City Clerk's office had received a letter of intent and resumé from the following three individuals: Christopher King, Jacob Quesinberry, and Teresa Sizemore. He added that anyone else that would like to be considered must come forward at the public hearing and have their name read. Teresa Sizemore, 309 Orchard Street, spoke on behalf of herself. She shared with Council why she felt her experience would benefit the Salem School Board. She also shared accomplishments that have taken place during her current term on the School Board. Ms. Sizemore noted that she felt she still had a lot to offer and would like to continue serving on the School Board. She indicated that she had submitted her letter of intent, resumé, and letter of recommendation from a former Assistant Superintendent. Mr. Foley noted that Mr. King had submitted a statement. Mr. Light clarified that typically items were not read for citizens in a public hearing, but that Mr. King had notified the Clerk's office of his regrets and that he had a conflict this evening. Council confirmed that they had received a copy of Mr. King's statement. No one else came forward to speak. Mayor Turk closed the public hearing. She noted that Council would not take action this evening. She indicated that Council had all of the information that was submitted for their review and that they would work with staff and determine the next steps. B. Amendment to the City Code - Chapter 106 Zoning Hold public hearing and consider ordinance on first reading enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending Chapter 106, Zoning, Article II, District Regulations, Section 106- 214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to retail sales, smoke shop. (Advertised in the September 19 and 26 issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 11-12 of Planning Commission minutes.) Mayor Turk requested Mr. Van Allman to comment on this item for the benefit of the public. Mayor Turk opened the public hearing. Mr. Van Allman stated that he had Mary Ellen Wines, Planning and Zoning Administrator with him this evening to present these changes to Council. Mary Ellen Wines, Planning and Zoning Administrator, 21 S. Bruffey Street, explained that the Virginia General Assembly had enacted legislation which allowed localities to regulate vape stores. This would include any alternative tobacco stores, cigarette stores, vape stores. This legislation became effective July 1, 2024. Staff is proposing to create a commercial use type, "Retail Sales, smoke shop," which differentiates from the City's normal retail sales. This allows for adding a couple of use and design standards. One of these is that the smoke shop cannot be located within 1000 linear feet of a school, daycare, or after school care; whether that be a church, school, or private day care. She noted that a map was included in the packet for Council to see these locations. In addition to that, staff has requested the addition of a use and design standard that would keep the windows translucent so that you can see through them. They would not be allowed to cover them up for safety purposes. In addition, merchandise pertaining to smoking and vaping will not be allowed to be displayed so that they can be seen when walking by. Ms. Wines noted that the City currently has several smoke/vape shops. Those that continue to operate will be considered as legal nonconforming if this ordinance is approved once it takes effect. However, if they were to vacate the business for two years or longer, then they would have to fall under the new regulations as with any type of grandfathering. She also noted that this would be by Special Exception in the Highway Business District only that they would be allowed. They would not be allowed in the Downtown or on the periphery of residential neighborhoods and Council would have to approve the actual location. Councilman Foley asked if and when marijuana was legalized, would that fall under different rules at that point. Ms. Wines confirmed that would not fall under this category. John Breen, 142 Bogey Lane, noted that he did not have any objections to what was being proposed, but that he did have concerns about the Highway Business District that he wished to use this occasion to draw attention to. He asked Council to request the Planning Commission to review this Code Section. Mayor Turk closed the public hearing. Councilman Foley asked if Mr. Breen's suggestions had been discussed at the Planning Commission meeting. There was discussion and it was confirmed that Mr. Breen's comments had not been a part of the Planning Commission meeting. There was some discussion as to whether this was a by-right or Special Exception situation and of whether to table this item to allow time for further review. It was confirmed that this was a Special Exception situation. Ms. Wines noted that there are many issues with the current Zoning ordinance and that Community Development is aware of them and is in the process of trying to work through them through the Comprehensive Plan update. She indicated that after this there would be a total Zoning rewrite. She indicated that Mr. Breen's concerns this evening were not specifically related to this use. They are related to the zoning district to which the smoke shops will be allowed but not specific to this use. By adopting this ordinance, Council is allowing the City to regulate where these smoke shops go. Councilman Foley asked if, in theory, Council thought a setback was not far enough for a specific special exception, it could be addressed at that time, for that specific use. Ms. Wines responded affirmatively, if there were an issue with a specific use. She added that they intended to move forward with reviewing and rewriting the Zoning Ordinance after they get through the Comprehensive and Corridor Plans and that there would be a total rewrite of the Zoning Ordinance. She reiterated that Mr. Breen was correct that there were major issues with some of the regulations and site development regulations included but that it was not specific to this use. She did not feel that tabling this issue would address those issues. She said that if Council wished to have the Planning Commission review those now rather than waiting until they get through the Comprehensive Plan, that was their purview. Mayor Turk noted that she felt they had a process in place. Councilman Foley stated that, having heard from Ms. Wines, he felt that since this was referring to a Special Exception and Council would be able to limit some of the concerns, he would make a motion to approve. Randy Foley motioned to approve ordinance on first reading enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending Chapter 106, Zoning, Article II, District Regulations, Section 106-214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types and adopting Section 106-310.25 pertaining to retail sales, Smoke Shop of the CODE OF THE CITY OF SALEM, VIRGINIA. Renee Turk seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones C. Amendment to the City Code - Chapter 66 Signs Hold a public hearing and consider adoption of ordinance adding Chapter 66, Signs, Article I In General, Section 66-11.1, Minor Signs during Voting of the CODE OF THE CITY OF SALEM, VIRGINIA. (Advertised in the September 24 and 25 issues of the Roanoke Times.) (Planning Commission recommended approval at the October 2, 2024 meeting.) Mayor Turk opened the public hearing. Robert Andrews, 2431 Post Oak Road, addressed Council and spoke in support of this amendment. He thanked the Planning Commission and Council for taking action to correct this situation. John Breen, 142 Bogey Lane, expressed support of this item but spoke with concern about the expedition of City Business. Mayor Turk closed the public hearing. Mr. Foley asked to clarify that the locations were not being specified in case any polling locations changed but that we were speaking of designated polling locations. Mr. Dorsey confirmed that this was referring to designated areas on public property at which active voting was taking place. Mr. Holliday asked to confirm that this would still fall under State law. Mr. Dorsey responded that you could not be within 40 feet and that an area would be designated for the signs to be placed that would be in compliance if Council approves this item. He emphasized that this only deals with public property. H. Hunter Holliday motioned to adopt ordinance adding Chapter 66, Signs, Article I In General, Section 66-11.1, Minor Signs during Voting of the CODE OF THE CITY OF SALEM, VIRGINIA. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones D. Administrative Calendar for 2025 Consider adoption of the administrative calendar for 2025. Mayor Turk noted that Council had received a copy of this and that this had been discussed. She explained that the administrative calendar was a schedule of holidays and meetings for the City of Salem. Randy Foley motioned to adopt the administrative calendar for 2025 as presented. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones E. Salem Municipal Golf Course Consider renewing the lease for the Salem Municipal Golf Course for 2025. Mayor Turk noted that the City has a golf course that is being leased from the City by an individual. She clarified that if an amount is earned above a threshold, the City does recoup money from that for the benefit of the public Hunter Holliday motioned to renew the lease for the Salem Golf Course. Mr. Light clarified that typically this lease is renewed by the year with a one-year option that staff could administratively approve if Council was amenable with this. Hunter Holliday made the amended motion to authorize the City Manager to finalize and execute a one-year lease agreement commencing on January 1, 2025, with a subsequent one-year renewal option. Randy Foley seconded the motion. Mr. Foley shared a request from some neighbors that something be done to make the shed less conspicuous. Mayor Turk noted that staff would be asked to look into this. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones F. Salem Band Boosters Consider request from the Salem Band Boosters for a donation ($5,638.85) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games competition held on July 30, 2024, at the Salem Stadium Randy Foley motioned to approve the request from the Salem Band Boosters for a donation ($5,638.85) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games Competition held on July 30, 2024, at the Salem Stadium. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones G. Appropriation of Funds Consider request to appropriate Downtown Improvement Reserve funding in the Capital Projects Fund. Audit - Finance Committee Local funding of $50,000 was included in the General Fund 2023-2024 annual operating budget for the Downtown Plan. Per directive of the City Manager, these funds were transferred to the Capital Projects Fund in fiscal year 2024 to become part of the Downtown Improvements Reserve to fund future Downtown improvement projects and subsequently needs formal Council appropriation. The Downtown Improvement Reserve creates a reserve of local funds that allows us to continue the work on the Downtown Revitalization Project. James Wallace motioned to appropriate $50,000 to the Transfer from General Fund -Capital Projects revenue account and to the Downtown Improvements Reserve expenditure account. Randy Foley seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones H. Appoint Authorized Officials for Investment Program Consider Resolution 1483 to approve Authorized Officials for Investment Program. Audit - Finance Committee The City Finance Department is moving forward with our investment program that is being coordinated with Davenport & Company, LLC. As part of this program, the City needed to appoint a trustee for our investments. Wilmington Trust was selected as our trustee. The agreements that were needed for this account require us to have City Council approve a list of authorized officials for the account. Councilman Foley asked if the office should be named rather than the individuals in the event that anyone listed would leave the position or if it would need to be amended at the time that a person changed. Mr. Guynn responded that an individual name was required for a signatory authority. James Wallace motioned to adopt Resolution 1483 requesting that City Council appoint Rosemarie B. Jordan, Tammy H. Todd, Amy R. Morris, and Danielle C. Crawford as Authorized Officials on this account. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A(6) of the 1950 Code of Virginia, as amended, for discussion or consideration of the investment of public funds where competition and bargaining is involved, where, if made public, initially, the financial interest of the City would be adversely affected. James Wallace motioned that, in accordance with Section 2.2-3711 A (6) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:14 p.m. for the purpose of discussing the following specific matters: For discussion or consideration of the investment of public funds where competition and bargaining is involved, where, if made public, initially, the financial interest of the City would be adversely affected. Randy Foley seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones Mayor Turk noted that no action would be taken this evening. James Wallace motioned to reconvene at 9:06 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, Holliday, Turk, Wallace Absent: Jones 8. Adjournment The meeting was adjourned at 9:06 p.m.