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HomeMy WebLinkAbout1/13/2020 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, January 13, 2020, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, 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 (absent), J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with J ames E. Taliaferro, II, Interim City Manager and C lerk of C ouncil (absent); Rosemarie B. J ordan, Director of Finance; Mike Stevens, C ommunications Director; Melinda J . Payne, Economic Development Director; Charles E. Van Allman, J r., C ommunity Development Director; J udy L. Hough, Deputy City C lerk; Crystal L. Williams, Assistant to the City Manager; and Stephen M. Yost, City Attorney. Mayor Foley recognized new Salem Police Officers Reams and Hill, who were in attendance and thanked them for their service to the C ity. Also, with them was Officer Holder, who was the 2018 Officer of the Year in Salem. He also recognized and welcomed C ub Scout Troop 352 who was in attendance. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the December 9, 2019, regular meeting and the December 19, 2019, special meeting. Accepted as presented B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the five months ending November 30, 2019. Received 4.New Business A.Special Exception P ermit Hold public hearing to consider the request of Diane C. Helvey, Patrick A. Helvey, and Rhonda Pendleton, property owners, for the issuance of a Special Exception Permit to allow an Automobile Dealership, used on the properties located at 2245 and 2259 West Main Street (Tax Map #s 168-1-1 and 168-1-3). (Advertised in the December 26, 2019, and J anuary 2, 2020, issues of the Salem Times Register. Recommend approval; see Page 4 Planning C ommission minutes). STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the December 26, 2019, and J anuary 2, 2020, issues of the Salem Times Register and the Planning C ommission had recommended approval of the Special Exception Permit. Staff noted the following regarding the request: the subject property consists of two parcels of approximately 1.25 acres total, on the northeast corner of the intersection of West Main Street and Texas Hollow Road. T he property easternmost property is occupied by a single story commercial storefront, and the western property is vacant. Both contain gravel parking areas. T he applicants are requesting a Special Exception Permit to allow automobile sales, used, on both parcels. T he property has been used for this use in the past, however that use was never approved, and any grandfathering has since expired. In accordance with Section 106-400, this property will require a site plan, and will require paving of the parking areas, installation of landscaping, and potentially other requirements per that section. T his property is partially located within the floodway and various floodplains. Mr. VanAllman noted the property owners are requesting the Special Exception Permit so they can market the property for a used car lot. In the past the property had been used as a used car lot but there has been a lapse of over two years so the property has lost the grandfather status for that use. So they are here requesting the permit. Mr. Martin asked if the Special Exception Permit is approved then the property owners would be required to do the paving and landscaping as was noted in the Staff Report and Planning C ommission minutes. Is that correct? Mr. VanAllman noted that this would be required to go through the site plan review process and more than likely it would have to be paved. Mr. Martin asked if this would be after the property was marketed and sold, then it would come back through the site plan process. Mr. VanAllman noted that this was correct. Mayor Foley opened the public hearing and asked if anyone would like to speak regarding this request. Vice Mayor J ohnson noted in the Planning Commission minutes the petitioner had noted that their realtor would relay the information about the paving, landscaping, etc. to the potential purchaser, and she just wants to make sure that this would be followed through on to make sure the purchaser will know this. Mr. VanAllman noted that they would explain this to a prospective buyer if they call into the office or if the property owner would like them to explain, they would let them know what would be required. Mayor Foley asked if there was anyone else to speak. T here was no response, and the public hearing was closed. J ane J ohnson motioned to approve the request of Diane C. Helvey, Patrick A. Helvey, and Rhonda Pendleton, property owners, for the issuance of a Special Exception Permit to allow an Automobile Dealership, used, on the properties located at 2245 and 2259 West Main Street (Tax Map #s 168-1-1 and 168-1-3). J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones B.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Stephen V. Wallace, II, property owner, located at 101 Front Avenue (Tax Map # 234-1-7) from C BD C ommunity Business District to RMF Residential Multi- family District. (Advertised in the December 26, 2019, and J anuary 2, 2020, issues of the Salem Times Register. Recommend continuing to the J anuary 27, 2020, meeting; see Page 5 Planning C ommission minutes). STA FF REPO RT Mayor Foley noted that Items 4B Amendment to the Zoning Ordinance and 4C Special Exception Permit were continued by the Planning C ommission at their meeting. Mr. Yost noted that C ouncil would need a motion to continue both items to the J anuary 27, 2020, meeting. J ames Martin motioned to continue the Amendment to the Zoning Ordinance and the Special Exception Permit requests for the property located at 101 Front Avenue (Tax Map #234-1-7) to the J anuary 27, 2020, meeting. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones C .Special Exception P ermit Hold public hearing to consider the request of Stephen V. Wallace, II, property owner, to allow a two-family dwelling on the property located at 101 Front Avenue (Tax Map # 234-1-7). (Advertised in the December 26, 2019, and J anuary 2, 2020, issues of the Salem Times Register. Recommend continuing to the J anuary 27, 2020, meeting; see Page 5 Planning Commission minutes). STA FF REPO RT D.City Manager E mployment Agreement Consider the approval of the employment agreement between the C ity Manager of the City of Salem and the C ity of Salem. Mr. Yost noted that C ouncil has seen several iterations of agreement, but he believes from the first to the last the changes were relatively minor to clean up some items. T his is in the form of a letter setting forth the compensation, fringe benefits, details concerning in the event of discharge, and primarily it sets forth that the City Manager is basically treated like any other employee of the C ity of Salem. He thinks it would be appropriate to go ahead and approve this agreement, if it is C ouncil's pleasure, and to authorize the Mayor to sign on behalf of the C ity. J ane J ohnson motioned to approve the Employment Agreement between the C ity Manager of the City of Salem and the C ity of Salem and to authorize the Mayor to sign said agreement for the City. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones E.Conv eyance of P roperty Hold a public hearing to consider the sale of an approximate .043 acre tract located in the 100 blk. of Eddy Avenue, Salem, Virginia, being a portion of Tax Map # 183- 2-2. (As advertised in the J anuary 2, 2020, issue of the Salem Times Register.) Mrs. Williams noted the petitioners reside at 113 Eddy Avenue and have submitted an offer to formally purchase this property. She noted that C ouncil should have a copy of a map that shows the land area it would affect. T hat area is about 15-20 feet in width. City Staff has met and because of the railroad property which abuts it, the C ity has no real use for the property. If the petitioners are allowed to purchase, this will provide an additional area of parking for their property. Mr. Taliaferro and Mr. VanAllman have been working on this request. 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. J ames Martin motioned to approve the sale of an approximate .043 acre tract located in the 100 blk. of Eddy Avenue, Salem, being a portion of Tax Map #183-2- 2 and to authorize the City Manager to execute the appropriate documents to complete the conveyance. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones F.Still Waters Resources, L L C, P erformance Agreement Consider the approval and authorize the City Manager to execute the Performance Agreement between Still Waters Resources, LLC , the Economic Development Authority of the C ity of Salem, Virginia, and the C ity of Salem. Mr. Yost noted the Economic Development Authority has negotiated this arrangement with Still Waters Resources, LLC . T his is for the improvements at 1507 Eddy Avenue, which is commonly known as the Dilly Dally. T he incentive is relatively small, but basically, if Council approves the agreement (and the ED A has approved it and recommends it to C ouncil for approval), would mean that the increase in any real estate taxes as a result of the improvements would be rebated for a three year period of 30% of the increase as a result of the renovations and improvements. Likewise, that the C ity would waive permit and connection fees in an amount not to exceed $3,000, and also that the developer would be eligible for a grant under the facade grant program. Mr. Martin asked with regards to the boundaries for the facade grant program, is that just for the downtown district. Ms. Payne noted the C ity extended the facade grant program last year to include the entire city. J ames Martin motioned to approve the Performance Agreement between Still Waters Resources, LLC , the Economic Development Authority of the City of Salem, and the City of Salem, Virginia, and to authorize the C ity Manager to execute the agreement. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones G.Spartan Dev elopment Settlement Agreement and Mutual Release Consideration and approval of the Settlement Agreement and Mutual Release between the City of Salem, Virginia, and Spartan Development, LLC. Mr. Yost noted that the C ity was represented by Mr. J im Gwynn who is in the audience this evening. C ouncil has a Settlement Agreement and Mutual Release before them with the terms and in effect they would be confirming the execution of these documents and the execution of the deed conveying the property back to the C ity. J ohn Saunders motioned to approve the Settlement Agreement and Mutual Release between the C ity of Salem, Virginia, and Spartan Development, LLC , and to authorize the C ity Manager to execute said documents. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones H.Appropriation of F unds Consider request to amend School Grants Fund budget as approved by the School Board on December 10, 2019. Audit - Finance C ommittee Mr. Martin noted the Audit Finance C ommittee met this morning to discuss this request. T he School Grants Fund budget was amended for fiscal year 2019-2020 by the School Board at their meeting on December 10, 2019. T he Board amended the Grants Fund to increase revenues and expenditures by $16,500. A memo from the Schools covered the appropriation changes. T he Committee reviewed the request and recommends appropriating $16,500 to the Grants Fund. Ms. J ordan noted that the School Board received notification from Virginia Western C ommunity C ollege that they were awarded as a sub-recipient, a $16,500 grant from the Temporary Assistance for Needy Families (TA N F) funds. T his money will be used for the "Road to Success Virginia Program" (RSVP). T his program seeks to prepare low income individuals for employment leading to self-sufficiency and independence from temporary benefits. T his will help another group of children and parents try to assure that they have a better path when they are leaving school. She further discuss the program and noted that she believes this is money very well spent trying to keep the students on a much better path. J ames Martin motioned to approve the School Board’s appropriation changes of $16,500 to the School Grants Fund budget. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones I.Appropriation of F unds Consider request to appropriate Animal Shelter donation. Audit - Finance Committee Mr. Martin noted that the Audit Finance C ommittee also discussed this request.T he Animal Shelter is always in need of additional resources to facilitate the care and adoption of abandoned animals. In October 2019, the Animal Shelter received a donation of $50,275 from the Estate of Rosemary Harman. T his donation will be used for the care of animals by covering costs of spay/neuter programs and to purchase items to promote adoptions. In addition, approximately $15,000 of this donation will be used to purchase a commercial dishwasher. T he C ommittee reviewed the request and recommends appropriating the Animal Shelter donation. Mayor Foley noted that the C ity appreciates the generosity of the Estate of Rosemary Harman for this very generous donation. J ames Martin motioned to accept and appropriate the Animal Shelter donation of $50,275 from the Estate of Rosemary Harman. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones J .Boards and Commissions Consider appointments on various Boards and Commissions. J ane J ohnson motioned to appoint Patrick Kenney to the Blue Ridge Behavioral Healthcare Board as an at large member to replace Lisa Garst for a full three-year term ending December 31, 2022; to reappoint David A. Botts to the Board of Appeals (USBC Building C ode) for a five-year term ending J anuary 1, 2025; to reappoint J ames E. Taliaferro, II, to the Western Virginia Regional Industrial Facility Authority to replace Kevin S. Boggess as a full member with a term ending February 3, 2022 and also to reappoint Melinda J . Payne as a full member and Benjamin W. Tripp as an alternate member to the Western Virginia Regional Industrial Facility Authority for four-year terms ending February 3, 2024. J ames Martin seconded the motion. Ayes: Foley, J ohnson, Martin, Saunders Absent: J ones 5.C losed Session T he Closed Session for this meeting of C ouncil was canceled. 6.Adjournment T he meeting was adjourned at 7:49 p.m.