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HomeMy WebLinkAbout8/24/2020 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, August 24, 2020, 6:30 P M Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.C all to Order A regular meeting of the C ouncil of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present all the members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders; with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, C ity Manager; Rosemarie B. J ordan, Director of Finance; C harles E. VanAllman, J r., Community Development Director; Mike Stevens, C ommunications Director; C rystal L. Williams, Assistant to the C ity Manager; and Stephen M. Yost, C ity Attorney. 2.Pledge of Allegiance 3.C onsent Agenda A.Work Session Hold a work session to receive a presentation regarding Valley Metro Transit System and any other topics deemed necessary. Kevin Price, General Manager, with Valley Metro Transit System appeared before the C ouncil and gave C ouncil a briefing related to the transit system. He discussed the local fixed route, STA R Complimentary Paratransit, Smart Way, Smart Way Express, and the Star Line Trolley. In addition he also discussed future transit service enhancements and current and future transit service challenges. T here were no other topics for discussion, and no action was taken on this item during the work session. B.Minutes Consider acceptance of the minutes from the August 10, 2020, regular meeting. Accepted as presented C .F inancial Report Consider acceptance of the Statement of Revenues and Expenditures for one month ending J uly 2020. Received 4.New Business A.Special Exception P ermit Hold public hearing to consider the request of Riverland Oaks, LLC , contract purchaser, and Higgs Family Trust, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 422 South Broad Street (Tax Map # 145-12-7). (Advertised in the August 13 and 20, 2020, issues of the Salem Times Register. Recommend approval; see Page 1 Planning C ommission minutes). STA FF REPO RT Mayor Turk stated notice of such hearing had been published in the August 13 and 20, 2020, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the Special Exception Permit request. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of 0.277 acres, with a lot width of forty-six (46) feet and a depth of two hundred sixty two (262) feet. It is located on the east side of South Broad Street, to the north of the intersection with Gray Alley. T he property fronts both on South Broad Street and White Oak Street. T he property is currently vacant as the existing home was demolished in J anuary 2005. In March of that same year the Board of Zoning Appeals denied a variance request that would have allowed a reduction in lot width and area so the lot could be subdivided, and two single-family dwellings built. T he petitioner is requesting a permit to allow a front to back two- family dwelling. T he portion of the lot furthest east lies within the 100-year floodplain. Mr. VanAllman noted the property is zoned Residential Single Family zoning, and the petitioner is requesting to build a reverse duplex since the property fronts on two streets. He noted that the property fronts on South Broad Street and on White Oak Street. He stated that this is a common way to develop a duplex, and the proposed use does require the approval of a Special Exception Permit. He noted that it is up to City C ouncil to decide if this is an appropriate use for this location. Further, the Planning Commission has recommended approval of the request. Mayor Turk opened the public hearing and asked if there was anyone to speak regarding this request. Patrick Snead, Manager Member of Riverland Oaks, LLC , appeared before the C ommission explaining the Special Exception Permit request. He noted the members of the company are lifelong residents of the community and focus on giving back to the community. T hey are proposing to build a back to back two-story duplex with one home facing South Broad Street and the other home facing White Oak Street. T here will be ample off street parking provided for each home. He further discussed the proposed project and noted that hopefully C ouncil received a copy of the handouts which were updated prior to the Planning Commission meeting. Mayor Turk asked if there was anyone else who would like to speak on this matter. T here was no response, and the public hearing was closed. J ames Wallace motioned to approve the request of Riverland Oaks, LLC, contract purchaser and Higgs Family Trust, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 422 South Broad Street (Tax Map #145-12-7). J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace B.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Edward Andrew Riner Revocable Declaration of Trust, Edward Andrew Riner - Trustee, property owner, and Boone T homas, applicant, located at 201 Northern Trail (Tax Map # 10-1-1.1) from RSF Residential Single Family District w/conditions to RSF Residential Single Family District w/amended conditions. (Advertised in the August 13 and 20, 2020, issues of the Salem Times Register. Recommend approval; see Page 3 Planning Commission minutes). STA FF REPO RT Mayor Turk stated notice of such hearing had been published in the August 13 and 20, 2020, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the Amendment to the Zoning Ordinance request. Staff noted the following regarding the request: the subject property consists of a single parcel of 0.357 acres. T his is Lot 1 of the Rivendell Subdivision. It is located on the north side of of Northern Trail, to the east of the intersection with Polar Lane. T he petitioners wish to have a driveway access from Polar Lane leading to an attached garage. In 2007 the rezoning of the parent parcel was granted with proffered conditions. During the meeting the applicant voluntarily proffered that here would be no access to Polar Lane from several of the lots, including this one. Unfortunately, this condition was erroneously left out of the final ordinance, however, in recognition of the proffer, it was added to the subdivision plat approved by Planning C ommission later that year. T he request relates only to the condition prohibiting access from Polar Lane to lot 1. Mr. VanAllman noted this property was part of a rezoning approximately 13-14 years ago to Residential Single Family zoning from A gricultural zoning in order to build this subdivision. At the time there were some questions about access to Polar Lane, how many driveways, etc. One of the conditions proffered by the developer at that time was that there would be no access to Polar Lane from those lots with frontage on Polar Lane. With the majority of the subdivision being developed and the street being accepted into the C ity's street system, the applicant is asking for an exception for this one lot to have the driveway front onto Polar Lane. Staff received information on site distances, etc. for the request which are acceptable. Further, Planning Commission has recommended approval of the request, and Steve Poff is in the audience to speak on the request. Mayor Turk opened the public hearing and asked if there was anyone to speak regarding this request. Steve Poff with Boone T homas Homes, applicant, representing the property owner appeared before the Council explaining the rezoning request. He noted when his clients, Eddie and Melissa Riner, came to him to talk about building a house on their corner lot, they started looking at building the house with a side entry driveway. When he put the plot together to put the house plan on it, he realized there was no entry from Polar Lane. So in looking at this further, they decided to pursue the rezoning to see if they could place the house with the side entry. He believes that the property is suited for the side entry driveway, and it is the best case scenario for the lot. He further discussed the other lots in the subdivision with frontage on Polar Lane and presented a house plan to C ouncil showing the proposed construction with the side entry driveway. He stated he would be glad to answer any questions C ouncil might have. Mayor Turk asked if there was anyone else who would like to speak on this matter. T here was no response, and the public hearing was closed. Randy Foley motioned to adopt an ordinance on first reading rezoning the property of Edward Andrew Riner Revocable Declaration of Trust, Edward Andrew Riner - Trustee, property owner, and Boone T homas, applicant, located at 201 Northern Trail (Tax Map # 10-1-1.1) from RSF Residential Single Family District with conditions to RSF Residential Single Family District with amended conditions. J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace C .Continuity of Gov ernment Ordinance Consider the readoption of an ordinance to continue temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster. (T his ordinance was adopted on emergency basis at the March 27, 2020, special meeting.) Mr. Taliaferro noted that this ordinance was initially adopted in response to the C O VID-19 pandemic, and it followed the local emergency designation which C ouncil passed. As Mayor Turk mentioned, this allows various services to continue throughout the pandemic and includes remote meetings of C ity C ouncil, etc., if necessary. T he initial ordinance was for a period of six months and expires in September. Mr. Yost has put together this ordinance which will extend it either to the end of the Declaration of Local Emergency or if Council decides to repeal the ordinance before that time. William J ones motioned to adopt an ordinance to continue temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace D.Appropriation of F unds Consider request to appropriate additional highway maintenance funding. Audit - Finance C ommittee Vice Mayor Wallace noted the Audit Finance C ommittee met this morning to discuss this request. T he C ity receives highway maintenance funding each year and any unspent funds may be carried forward to the subsequent fiscal year. An appropriation of $66,742 from carryover funds is needed to cover the purchase of a hydroseeder and a crash attenuator trailer. T hese pieces of equipment will only be used on eligible state road projects. T he C ommittee reviewed the request and recommends appropriating $66,742 in highway maintenance funding to cover the purchase of the hydroseeder and crash attenuator trailer to be used on eligible state road projects. J ames Wallace motioned to approve appropriating $66,742 in additional highway maintenance funding. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace E.LaP rade Land Disturbance P lan Consider setting bond for erosion and sediment control and landscaping for the LaPrade Land Disturbance Plan located at 1357 Southside Drive. Audit - Finance Committee Vice Mayor Wallace noted the Audit Finance C ommittee also discussed this request. T he C ommittee reviewed the estimate for erosion and sediment control for the LaPrade Land Disturbance Plan located at 1357 Southside Drive. T he C ommittee concurs with the C ity Engineer ’s office recommendation that bond be set in the amount of $4,417 and a time frame for completion set at twelve (12) months. J ames Wallace motioned to approve the bond for erosion and sediment control and landscaping for the LaPrade Land Disturbance Plan located at 1357 Southside Drive in the amount of $4,417 and a time frame for completion set at twelve (12) months. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 5.C losed Session A.Closed Session Hold a Closed Session in accordance with the provisions of Section 2.2- 3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to the appointment of an Assistant City Manager. Vice Mayor Wallace motioned to move to closed session at 7:05 p.m. in accordance with the provisions of Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to the appointment of an Assistant C ity Manager. Randy Foley seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk J ames Wallace motioned to reconvene at 7:30 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, Council hereby certifies that in C losed 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 C losed Session was convened were heard, discussed, or considered by the Council. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace Vice Mayor Wallace noted that Mr. Light is a great individual and a fine gentleman, and he thinks he is highly capable of doing a great job as Assistant C ity Manager; however, he has a problem with the compensation package that he is being offered and for that reason he cannot support the nomination of him. Randy Foley motioned to appoint Howard Robert Light as the Assistant C ity Manager for the C ity of Salem. William J ones seconded the motion. Ayes: Foley, J ones, Saunders Nays: Turk, Wallace 6.Adjournment T he meeting was adjourned at 7:31 p.m.