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HomeMy WebLinkAbout1/27/2020 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, January 27, 2020, 7:30 PM Community Room, Salem Civic Center, 1001 Boulevard, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, Council members: William D. J ones, J ames A. Martin (absent), and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with J ames E. Taliaferro, II, C ity Manager; Rosemarie B. J ordan, Director of Finance; Mike Stevens, C ommunications Director; Melinda J . Payne, Economic Development Director; C harles E. Van Allman, J r., Community Development Director; J udy L. Hough, Deputy C ity Clerk; Larado Robinson, Director of Water and Sewer Department, Benjamin W. Tripp, C ity Planner; and Stephen M. Yost, C ity Attorney. Mayor Foley recognized and welcomed Boy Scout Troop 289 who was in attendance. He noted that they are working on their Citizenship in the C ommunity merit badge. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the J anuary 13, 2020, regular meeting. Accepted as presented B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the six months ending December 2019. Received 4.New Business A.Vacation of P ublic Utility Easement Hold a public hearing and consider ordinance on first reading to permanently vacate a public utility easement on the property located at 505 Chamberlain Lane (Tax Map #57-2-5) at the request of Salem Building Supply LLC, contract purchaser. (As advertised in the J anuary 9 and 16, 2020, issues of the Salem Times Register.) Mr. VanAllman noted the petitioner would like to take three lots and combine them into two. At one point there was a well and well pump on the lot in the rear which was used to supply water to the adjacent lots. T he well pump has been taken out, and the easement they believe was used for the purpose of the well lot. With the reconfigured lots, the easement is no longer needed, and the staff would like to relinquish the easement. Mayor Foley opened the public hearing and asked if there was anyone to speak regarding this request. T here was no response, and the public hearing was closed. William J ones motioned to adopt an ordinance on first reading to permanently vacate a public utility easement on the property located at 505 Chamberlain Lane (Tax Map #57-2-5) at the request of Salem Building Supply LLC , contract purchaser. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Saunders Absent: Martin B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Stephen V. Wallace, II, property owner, for rezoning the property located at 101 Front Avenue (Tax Map # 234-1-7) from C BD C ommunity Business District to RMF Residential Multi-family District. (C ontinued from the J anuary 13, 2020, meeting. T he petitioner has requested to withdraw the request.) T his item was withdrawn at the request of the petitioner. C .Special Exception P ermit Hold public hearing to consider the request of Stephen V. Wallace, II, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 101 Front Avenue (Tax Map # 234-1-7). (C ontinued from the J anuary 13, 2020, meeting. T he petitioner has requested to withdraw the request.) T his item was withdrawn at the request of the petitioner. D.Amendment to the Zoning Ordinance Consider ordinance on first reading for rezoning the properties of R. Fralin Companies, Inc., contract purchaser, located at 211 Diamond Road (Tax Map # 272-2-1) and 135 Diamond Road (Tax Map # 273-2-1) from A G - Agriculture District / RSF - Residential Single Family District to RSF Residential Single Family District with amended proffered conditions. (Continued from the November 25, 2019, meeting. Advertised in the October 10 and 17, 2019, issues of the Salem Times Register. C ertified letters were mailed on J anuary 10, 2020. Planning Commission recommended approval (3-2 Vote) Mayor Foley noted Item 4A Amendment to the Zoning Ordinance was continued from the November 25, 2019, meeting. T his was advertised in the October 10 and 17, 2019, issues of the Salem Times Register, and certified letters were mailed on J anuary 10, 2020. Also, the Planning C ommission recommended approval by a 3-2 vote. Mr. Taliaferro noted at the October 28, meeting and public hearing on these items there were questions raised by citizens about the infrastructure surrounding the property, and Council continued the items so that staff could look at the issues. Over the last three months, staff has been working on various projects, and before he goes into the recommendations, he noted he wanted to thank City staff for all the hard work that went into this. Traffic - there are a couple items that the C ity has been aware of for quite a while and have not been able to find a good way to fix the problems. Franklin Street is one of those problems we have known about for some time. T he width of the road is a particular problem. Staff believes they have a game plan to start addressing this. First, the area of Franklin Street from Upland Drive to Poff Lane, staff would like to use full depth reclamation for widening the road. T his is a relatively new technique for pavement replacement, certainly new to Salem as we have only used it within the last three to five years. He further noted with this technique, the road and the subgrade is ripped up. He compared it to milling machines that scrape up the pavement, however, with this the machine digs down about a foot. T he game plan is dig wider and try to get an extra foot on each side of the road, which will get the road to about ten foot in this area. Highway maintenance money can be used for this, and this project is slated to be done this coming summer. T he areas of Franklin from Upland Drive to the south C ity limits is more of a challenge. T he road is very narrow through here and getting an extra foot is really not going to solve the issue. We have had problems in the past trying to get grants for this project, and staff's proposition is to go ahead and apply for a grant and find out once and for all if this is a possibility. T he fallback is that we use revenue sharing from VD O T, which is a 50/50 grant and just tackle this area one phase at time. It may take four or five phases to get to the south city limits, but at least we can try to do this within the budget that we have. T he area of Apperson Drive and Orchard Drive is also a challenge. Staff has looked at a stoplight at this intersection, but there just is not enough storage for vehicles to stop heading west on Apperson Drive. It could cause the traffic to back up into Route 419. Staff thinks there is potential for a traffic circle here and would like to approach this with VD O T. In the meantime, staff has worked with a consulting engineer and recommends putting in two way lane left turn lane in place of the left east bound lane on Apperson Drive. He noted that this could be done with the highway maintenance money, also. Vice Mayor J ohnson asked if there was a time line for the turn lane project, and Mr. Taliaferro noted that it could be done this coming summer. T he intersection of Diamond and Upland was another problem particularly if you are stopped at the stop sign on Diamond and trying to see back to the left. Staff is proposing to shave the crest of the hill and hopefully this will open up better sight distance looking back to the left. With regards to the water system, staff went through and conducted pressure testing, and we were not able to find any problems there. T here is a lot of elevation difference between the Franklin Street tank and the neighborhoods that is serves. T here was also a question about hydrant testing. T his was something we stopped a few years ago due to staffing issues. We have rededicated ourselves to working on this not only in this area but city wide. T he Water Department and Fire Department are working on a program to partner to try to get this done. With regards to the Sewer system backups, there was a sewer system project in this area about ten years ago. We had not heard a lot since then so we did not have a lot of information to go on when we started looking for problems. He further discussed the work that had been done the past three months to identify the problems with the sanitary sewer system, and the projects that would be done to correct the problems that were identified. On the storm drain issues, he noted there are a couple of culverts on Diamond Road that staff would like to replace which are adjacent to the Simms Farm. T here was another problem at Homeplace Drive and Earl Drive that was brought to our attention where water is ponding, and we have a plan to install a storm drain at this location. T hese projects would also be handled by highway maintenance money. Mr. J ones asked Mr. Taliaferro what his thoughts were regarding the traffic circle at Apperson and Orchard Drives. Mr. Taliaferro noted that staff is hopeful they will not need additional right of way but quite frankly they would like to work with VD O T on this project. T hey have put traffic circles in numerous places in the region, and they have the experience. We know that we have basically a 55' radius from the middle of the intersection to the edge of the right of way which might be enough, but they would like to work with VD O T and get more information. Mr. VanAllman noted that VD O T has a lot of good information from their experience in putting these in locally. He stated that he is aware that people do not like them, but they also have their advantages particularly when it comes to the severity of accidents. Vice Mayor J ohnson noted that she has put a lot of thought into Proffer #8 regarding construction vehicles being prohibited from using Franklin Street. In thinking about this, we will be sending the vehicles to the problem intersection at Apperson Drive and Orchard Drive. She was wondering if we could amend this proffer so the vehicles could make a right onto Franklin Street from Upland Drive or do we just leave it in place. Mr. Taliaferro noted that Council can choose not to accept any proffer, and with the Special Exception request C ouncil could place conditions. So, if Council wanted to amend this, then it could be done by rejecting the proffer and placing a condition on the Special Exception Permit request. Mr. Yost noted that it is too late at this point to change proffers, but they could place a condition with the Special Exception request. Mr. Saunders noted he thought the items that Mr. Taliaferro discussed will be taken care of regardless of the outcome this evening. Mr. Taliaferro noted that this was correct, and with regards to the road widening project from Upland to the south city limits, we will start now with the paper work, but construction will be down the road. Likewise with the traffic circle, this will be several years down the road at best. Everything else that was discussed, we will get started on those projects this spring. Mr. J ones noted this has been a long process. He has spent a lot of time talking to citizens about the project. Also, as he said before, he has been involved on both sides of this type of request. T his is a tough decision, and it has not been easy. He has wrestled with this issue repeatedly, and this for the simple reason that he cares. And, just because they do not vote the way that citizens want them to vote does not mean they do not care. Like he mentioned at the previous meeting, when he bought his house in Karen Hill there were only four houses. When he sold his house, there were 104 houses in the subdivisions. He was fighting about this because the houses were being built without curb and guttering and also that there was only one way in and one way out of the subdivision. Council delayed the vote on these requests because of the issues that were brought up at the October public hearing. Staff has worked hard to address the issues and figure out the solutions to the problems. It is always the million dollar question, how many is enough and how many is not enough. With the possibility of 500 new citizens in Salem, he believes that this has some merit, and he understands that citizens do not want it in their backyard. Like he said, he had 100 new houses built around him, and he also had a trash dump and shooting range in his backyard. He has experienced it all. However this turns out we have to look at the total picture of the city. How many more citizens can we have? He knows that he would welcome 500 more citizens into Salem. Further, this is not an easy decision. A family wants to sell their property, unfortunately we do not get to pick who buys it. What the City understands and was told that this was done in good faith, and they do not get in the negotiations as this would be unethical. He knows there are people who do not agree with him, and this is fine. T his is what makes the world go round. His parents taught him to always take care of people. He wants everyone to know this decision has not been without pain and heartache. Vice Mayor J ohnson noted that she thought Mr. J ones hit the nail on the head and that he spoke from the heart. A lot of what he stated has also been on her heart. T his has been one of the most difficult decisions by far, because she does live in the neighborhood and drives those streets every day. She has done more soul searching on this issue than any other issue, and there has been some tough decisions in the 16 years she has been on Council and the 2 years on Planning C ommission prior to that. But at the end of the day, we have to look out for all of Salem. She has many reasons why she would like to see more citizens be able to enjoy life in the city. Also, she thanked staff for all the work that had gone into these requests, and she noted she appreciates the citizens who came out to voice their concerns and issues about the proposed development. Further, she did take those comments and concerns into consideration in making her decision. Also, she is not convinced that the cons outweigh the pros in the proposed development, so she believes we should move forward with the development. Mr. Saunders noted that Mr. J ones is correct when he said they have spoken to more people regarding these requests, and they have argued until they are blue in the face. However, our staff has provided a good plan for solutions to the concerns and issues related to the proposed development, and he better see these issues being addressed in the near future as Mr Taliaferro discussed. He does not agree with the development, and he is prepared to vote this way. He has not agreed with it from the beginning; however, every Council member has an opinion, and they should be respected for it. J ust because he does not agree with them does not mean they are wrong. It might mean they are wrong in the citizen's eyes, and if this development was proposed in any other section of the city, he would be just as concerned. T his neighborhood needs the work done regardless of the decision, and he admires staff for work that has been done so far, and at least we know things are moving forward now. Mr. Taliaferro noted that Vice Mayor J ohnson had mentioned changes to Proffer #8. He stated that they could choose not to accept this proffer. If C ouncil wants to pursue the part where the vehicles can only take a right on Franklin Street, then this could be a condition of the Special Exception Permit request. Vice Mayor J ohnson asked if she could just amend her motion to exclude Proffer #8, and Mr. Taliaferro noted this was correct. Mr. Yost noted that C ouncil would need to vote to amend the motion that Proffer #8 would be excluded. Mr. J ones asked Vice Mayor J ohnson if she could explain what she is trying to take off the table. Vice Mayor J ohnson noted that she is concerned about Proffer #8 which would not allow any construction vehicles on Franklin Street because she believes they will then have to use the Apperson Drive and Orchard Drive intersection and have to make a left. By eliminating the proffer, it will allow the vehicles to go the other way. Vice Mayor J ohnson motioned to amend the original motion to remove Proffer #8. Mayor Foley seconded the motion. Ayes: Foley, J ohnson Nays: Saunders, J ones Mr. Yost noted that the motion failed and that the original motion is still on the table subject to all of the proffered conditions. J ane J ohnson motioned to adopt an ordinance on first reading rezoning the properties of R. Fralin Companies, Inc., contract purchaser, located at 211 Diamond Road (Tax Map #272-2-1) and 135 Diamond Road (Tax Map #273-2-1) from A G Agriculture District / RSF Residential Single Family District to RSF Residential Single Family District with the following amended voluntarily proffered conditions: 1) T he property shall be developed in substantial conformance with “Simms Family Farm Masterplan”, Dated September 17, 2019, and last revised September 26, 2019 Prepared by Balzer and Associates, Inc. 2) All new homes constructed within the development shall have the following architectural treatments: a. Roof Materials shall be Architectural Grade Shingles, Designer Shingles and/or Metal. b. All front elevations shall have a combination of masonry finish and siding. c. All above grade foundations shall be faced with brick, stone, synthetic stone or equivalent materials. 3) Hours of construction associated with the development of the property, and the construction of homes on the property, shall be limited to: Between 7:00 A.M. and 5:00 P.M. Monday through Friday, and between 8 A.M. and 3 P.M. on Saturdays. No construction associated with the development of the property, or the construction of homes on the property, shall take place on Sundays. 4) All homes constructed on the C luster Lots shall be a Maximum of 1.5 (one and a half) stories high. 5) A Type “B” Landscape Buffer will be provided along the Western Property line of Tax Parcel #273-2-2, 67 Upland Drive. 6) T he Minimum Front Set Back of Lots 1, 2, 3, 4, 5, 136, 137, 138 and 139 shall be a minimum of 40 feet. 7) T he houses will be constructed in substantial conformance with exterior Architectural Styles Depicted on the “Simms Farm- Architectural Styles” exhibits filed with the Simms Family Farm Rezoning Request Dated September 26, 2019. 8) C ommercial vehicle construction traffic will be prohibited from using Franklin Street for access to and from the project site. William J ones seconded the motion. Ayes: Foley, J ohnson, J ones Nays: Saunders Absent: Martin E.Special Exception P ermit Consider the request of R. Fralin C ompanies, Inc., contract purchaser, for the issuance of a Special Exception Permit to allow Cluster Housing Overlay with amended proffered conditions on the property located at 211 Diamond Road (Tax Map # 272-2-1). (C ontinued from the November 25, 2019, meeting. Advertised in the October 10 and 17, 2019, issues of the Salem Times Register. Certified letters were mailed on J anuary 10, 2020. Planning C ommission recommended approval (4- 1 Vote) Mayor Foley noted this request was continued from the November 25, 2019, meeting. It was advertised in the October 10 and 17, 2019, issues of the Salem Times Register, and certified letters were mailed on J anuary 10, 2020. Also, the Planning Commission recommended approval by 4-1 vote. Mayor Foley asked Mr. Taliaferro if he had anything to add regarding this request, and Mr. Taliaferro noted that he did not. J ane J ohnson motioned to approve the request of R. Fralin Companies, Inc., contract purchaser, for the issuance of a Special Exception Permit to allow C luster Housing Overlay with amended proffered conditions on the property located at 211 Diamond Road (Tax Map #272-2-1). William J ones seconded the motion. Ayes: Foley, J ohnson, J ones Nays: Saunders Absent: Martin 5.Adjournment Mayor Foley noted that C ouncilman Martin was unable to attend the meeting this evening, and he has submitted a letter into public record for anyone who would like to see it. T he meeting was adjourned at 8:02 p.m.