HomeMy WebLinkAbout2/14/2005 - City Council - Minutes - RegularFebruary 14, 2005
A regular meeting of the Council of the City of Salem, Virginia, was held
in the Council Chambers, City Hall, 1 1 4 North Broad Street, on February 14,
2005, at 7:30 p.m., there being present all the members of said Council, to
wit: Carl E. Tarpley, Jr., Howard C. Packett, John C. Givens, Jane W. Johnson,
and John Christopher Clemens; with Carl E. Tarpley, Jr., Mayor, presiding;
together with Forest G. Jones, City Manager; 0oyce C. Bai l ey, Deputy Clerk of
Council; Frank P. Turk, Director of Finance; Joseph E. Yates, Jr., Director of
Planning and Development; Melvin B . Doughty, City Engineer; Me l inda J. Payne,
Public Information Officer; and Stephen M. Yost 1 City Attorney; and the
following business was transacted:
The minutes of the regular meeting of January 24, 2005, were approved as
written.
The reports by the Director of Finance of the City's activities for the
months ending October 31, 2004; November 30, 2004; and December 31, 2004, were
received and orde r ed f i led.
Kyle Leighton of Boy Scout Troop 51 from First United Methodist Church was
present at this meeting of Council for requirements of the Communications Merit
Badge.
Mayor Tarpley requested that Council receive a presentation from Phil
Sparks, Executive Director, Roanoke Valley Economic Development Partnership,
regarding the Report o f Economic Development Activity; and
WHEREAS , Phi l Sparks, Roanoke Va ll ey Economic Development Partnership,
appeared before the Council explaining the five -year prospective for the
Roanoke Valley Economic Development Partnership, and the performance of t he
Partnership to date on the measurable goals; he explained the Partnership has
placed advertisements in 205 publications; the advertisements should reach over
6.5 million readers promoting the greater Roanoke Valley; through the ad
exposure, there have been approximately 1,000 inquiries; the Partnership has a
goal to attend 47 trade shows during the year; he explained the Partnership
would work trade shows throughout the world exposing this area to more than
92 ,000 companies; he further explained the marketing missions, the joint
marketing with the New River Valley Alliance, current projects, and pending
projects; he discussed the amounts of payrolls and jobs for the projects; he
reported the visits and meetings with existing bus i nesses and the business
committee meetings; he discussed the progress of the Partnership toward goa l s
for the fiscal year; etc.; and
WHEREAS, Mr. Sparks noted that the average cost per job created s i nce 2000
is $1,580.70 (average salary for those jobs is $27,000); for every one dollar
given to the Partnership in the past five years, $49.21 in announced new
investment has been created; and for every one dol l ar g i ven i n the past three
yeare, $16.22 in new payroll has been created; and
WHEREAS, Council thanked Mr. Sparks for his hard work over the years;
THEREUPON, said presentation was received.
Mayor Tarpley reported that this date and time had been set to hold a
public hearing to consider an ordinance on first reading to extend the
Franchise Agreement between Appalachian Power Company, doing business as
American Electric Power, and the City of Salem; and
WHEREAS , the Deputy Clerk of Counci l reported that notice of such public
hearing had been published in the January 20 and 27, 2005, issues of the Salem
Times-Register, a newspaper published and having general circulation in the
City of Salem; and
WHEREAS, Terry Hall, Manager of Community Affairs for Appalachian Power
Company, appeared before the Council stating that Council adopted a Franchise
Ordinance April 10, 1 995, granting a Franchise over the streets and
thoroughfares of the City of Salem to Appalachian Power Company, doing business
as American Electric Power, to erect and maintain lines for the transmission
and distribution of electric energy, with all necessary appurtenances, for the
purpose of supplying electric energy; as a part of the provisions of the 1995
Franchise, it was agreed to renew the franchise in five-year increments; by
ordinance dated February 1 4, 2000, the Franch i se was extended for an additional
term of five years until Fe b ruary 14, 2005; he noted that the City and
Appalachian have agreed that it is in their best interest to extend the
PRESENTATION
FROM PH I L
SP~RKS,
EXECUTIVE
DIRECTOR,
ROANOKE
VALLEY
ECONOMIC
DEVELOPMENT
PARTNERSH I P ,
REGARDING
THE REPORT
OF ECONOM I C
DEVELOPMENT
ACT I VI TY
ORDINANCE
PASSED ON
FIRST
READING
EXTENDING
THE
FRANCHISE
AGREEMENT
BETWEEN
APPALACHIAN
POWER
COMPANY ,
DOING
BUSINESS AS
AMERICAN
E LECTRIC
POWER, AND
THE CITY OF
SALEM
AUTHORIZED
SALE OF 6.5
ACRES
LOCATED OFF
OF TEXAS
STREET,
BE!NG A
PORTION OF
TAX MAP
148-1-2, IN
THE CITY OF
SALEM TO
VIRGINIA
ORTHOPAEDIC
P.C.
Franchise Ordinance for an additional five-y~ar term; it is the opinion of
Appalachian, the City Attorney, City Manager, and City staff that the concepts
contained in the 1995 Franchise Ordinance are still relevant and the Franchise
should be continued for an additional five-year term unti l February 14, 2010;
and
WHEREAS, Mr. Hall noted that there are three specific customers outlined
within the language of the 1995 Franchise; these customers are Yokohama,
General Electric Company, and the Veterans Administration Hospital in Salem;
and he further noted that State Statutes require a Franchise within the
Commonwealth of Virginia with the key aspect of the agreement being the ability
to abide by the statutes and regulations of the local governments; Appalachian
takes full responsibility for liability issues for its lines, poles, etc.,
under this Franchise; and
WHEREAS, no one appeared in opposition to said Franchise extension;
ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND
DULY CARRIED, an ordinance entitled ~AN ORDINANCE AUTHORIZING THE EXTENSION OF
THE FRANCHISE TO APPALACHIAN POWER COMPANY, DOING BUSINESS AS AMERICAN ELECTRIC
POWER, FOR AN ELECTRIC LIGHT, HEAT, AND POWER TRANSMISSION AND DISTRIBUT I ON
SYSTEM IN THE CITY OF SALEM, VIRGINIA," was duly passed on first reading -the
roll call vote being as follows: John Christopher Clemens -aye; Jane w.
Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E.
Tarpley, Jr. -aye.
Mayor Tarpley reported that this date and time had been set to hold a
public hearing to consider the sale of an approximate 6.5-acre tract located
off of Texas Street, being a portion of Tax Map 148 -1 -2, in the City of Salem;
and
WHEREAS, the Deputy Clerk of Council reported that notice of such public
hearing had been published in the February 3 , 2005, issue of the Salem Times
R~gister, a newspaper published and having general circulation in the City of
Salem; and
WHEREAS, Mayor Tarpley stated that at this time the City has only received
one proposal for the purchase of this property; a presentation will be made
pertaining to the proposal received; and he noted that if there is another
proposal for the purchase of this property, the proposal should be presented to
Council after the first presentation; and
WHEREAS, Preston A. Waldrop, M.D., representing Virginia Orthopaedic,
appeared before the Council stating that his grandmother was born in 1885 on
Virginia Avenue approximately three blocks from this proposed development; his
father was born in the Roanoke Valley and has spent 81 years of his life
attempting to help Salem grow as a community; he was born in Salem and has
lived in the Roanoke Valley his entire life; his family has strong ties to
Salem and wants to do the right thing in Salem; he stated his practice is
growing, and he is requesting to purchase 6.5 acres off of Texas Street in
order to build an attractive office; this building would set an example for the
remaining offices to be built in this professional off i ce park; they plan to
construct a brick building with the general characteristics of Colonial
Will i amsburg style or Georgian style consistent with the existing buildings on
Elizabeth Campus; it is their goal to develop an office park to make the City
and himself proud; a restrictive covenant has not been deve l oped; it is their
plan to have office buildings from one and one-ha l f stories to two and one -half
stories of similar architectural style; he plans to work closely with the City
Manager and his assiscants to develop a guideline for all buildings that will
enhance the entire project; the guidelines will include architectural and
landscaping restrictions; they are in favor of promoting a park-l ike setting,
and they will work with the City of Salem to achieve this goal; he and his
partner will move quickly to develop and build an office if the sale of the
land is approved; they desire a long and good relationship with the City of
Salem; he presented a rendition of the proposed building to be built; he noted
that this is not the final rendition as they did no t want to go forward with
designing a building until they knew if they would be able to purchase the
p r operty; i t is his opinion tha t the rendition he is presenting at this meeting
is not as attractive as he would like; the office they would need for their
practice would be approximately 10,000 square feet; he anticipates being in
this practice and this building for fifteen to seventeen years; and
WHEREAS, Mayor Tarpley noted that the proposal indicates approximately
seven other buildings will be built on this property; and he questioned the
anticipated employment for the other buildings; and
WHEREAS, Dr . Waldrop stated it would be hard for him to anticipate the
number of individuals to be employed in the other locations; his office will
have approximately twenty-five employees; this development will be a
professional of f ice park with professional buildings; it will not include light
industrial uses; the proposed professional park would include other medical
office buildings and other offices such as architects, lawyers, and the like
with approximately twenty to thirty employees per building; and
WHEREAS, Councilman Clemens questioned whether Dr. Waldrop would be
willing to accept restrictions on the deed; and Councilman Clemens stated his
concern is what might be l ocated in the proposed buildings; and
WHEREAS, Dr. Wa l drop stated that the reason he was interested in this
location is that it will be a park-l ike setting; he likes the idea of walking
trails, a pond, and that a portion will rema in as open space; and he has no
i ntention of selling property to anyone who will not enhance the value of the
entire development; and
WHEREAS, Councilman Clemens stated that i t would be hard for Dr. Waldrop
to refuse if a methadone clinic came to Dr. Waldrop and offered a mill i on
dollars for one acre; and he questioned if Dr. Waldrop would be willing to
place restrictions on the sale of this property to certain businesses; and
WHEREAS, Dr. Waldrop stated he would have no problem with placing
restric t ions on certain businesses locat i ng on this property; and he stated he
does no t want a methadone clinic next to his office; and
WHEREAS, Vice Mayor Packett stated that a methadone clinic next to a
doctor's office is not un i que to Dr. Waldrop's off i ce as any doctor's office
could have the same problem; and
WHEREAS, Councilman Clemens questioned if Dr. Wa ldrop would agree that
there will be no subdivision of t he proper t y except as it is proposed at th i s
meeting; and
WHEREAS, Dr. Waldrop stated that the design was not created to be that
strict; they were basically drawing a general development as a guideline to
present to Council; however, he has no intention of having twenty office
buildings on this site; and
WHEREAS, Councilman Clemens stated that it is his opinion that Dr. Waldrop
could satisfy the subdivision ordinance and place significantly more buildings
than laid out on the plan at this meeting; and
WHEREAS, Dr. Waldrop noted that he would like the lots to be three-fourths
of an acre per lot; but he would not like to be restricted to three-four ths o f
an acre due to the lay of the land; and
WHEREAS, Councilman Clemens stated he would like to see restrictions on
this property in case something would happen to Dr. Waldrop and his partner he
would know what wi ll be bui l t on the property; he is concerned wh at will be
placed on the property that is next to the YMCA where his children and other
citizens participate in family activities; and
WHEREAS, Dr. Waldrop stated he and his p artner would be willing to agree
to certain restrictions that are with in reason; and he stated he will work with
the City Manager and Council pertaining to this d e velopment; and
WHEREAS, councilman Clemens questioned the timeframe for construction of
Dr. Waldrop's building; and
WHEREAS, Dr. Waldrop stated that if the request is approved, b i ds will be
requested for b uilding the road, curb i ng, and landscaping this week or as soon
as he has a contrac t in hand; they wi l l be starting the project as quickly as
possible after a more de t ai l ed architec t ural rendering has been drawn, and they
will build as quickly as the weather will allow; h e no t ed that another
orthopaedist is to join the practice June 1 , 2005, and another is to join
September 17, 2005; and t hey need space qu i ckly; and
WHEREAS, Councilman Clemens questioned the timeframe for the adjacent
structures; and he questioned whether the adjacent structures will be spec
built or whether they wil l be built when someone approaches Dr. Waldrop to
purchase the property; and
WHEREAS, Dr. Waldrop stated that he has already seen interest in other
individuals to be involved in the project; he has not committed to anyone for
the adjacent properties; and if the interest is not there, he would build a
spec office building to help promote the property if finances are available to
allow this; and
WHEREAS, Councilman Clemens questioned if Dr. Waldrop would be willing to
agree to a restriction that would a l low the City to purchase back those
portions of the property that are not built upon within a certain period of
time; and
WHEREAS, Dr. Waldrop stated that he would be agreeable to such a
restriction for t h e City to purchase the property back if a period of time can
be agreed upon; and
WHEREAS, Mayor Tarpley noted that almost all the properties that the City
has sold do have a timeline stated that if construction is not started within a
certain period of time , the City will purchase the property back from the
proposed developer; and
WHEREAS , Dr. Waldrop stated this is a reasonable restriction provided the
contract provides for a realistic timeline and does not provide for all the
properties to be developed within a short period such as two years; and
WHEREAS , Councilman Clemens questioned that if Council would allow Dr.
Waldrop to purchase only the acre or acre and one-half required for his
practice, would he still be interested in building in Salem; and
WHEREAS , Dr. Waldrop stated he would be interested, but he would be less
interested in purchasing the property; and he noted that he has grown up in the
development business, and it is his opinion that this is an opportunity for him
to do someth i ng worthwhile so he would like to purchase the entire 6.5 acres;
and
WHEREAS, Councilman Clemens questioned whether Dr. Waldrop would be
willing to adjust his property eastward toward the corner of h i s property; and
WHEREAS, Dr. Waldrop stated he would not be willing to move his
development eastward as the majority of this property would then be in the
floodplain and visually the location is not as good; and
WHEREAS, Mayor Tarpley noted that Councilman Clemens presented another
location to Dr. Waldrop to see if he would be interested i n that area for his
office, and he noted that the property Councilman Clemens suggested was not
zoned proper l y due to the fact that it was previously zoned for an assisted
living facility; and
WHEREAS, Vice Mayor Packett noted t hat the o t her area that Councilman
Clemens was suggesting is a retention area and i s zoned Residential District R-
2; the R-2 property would have to be rezoned to be used by Dr. Waldrop; and
WHEREAS, t he City Manager noted that the property requires two retention
areas, one is located to the left and the other is located near the bottom of
the map; the area where the trees are located will be developed as a park, and
the area at the bottom will have walking trails and the park-like area after
the property is developed; and
WHEREAS, Mayor Tarpley then opened the floor to comments noting t hat each
speaker would be limited to five minutes; and he explained the timing process;
and
WHEREAS, Stella Reinhard, owner of property at 213 North Broad Street and
currently a resident of 9960 Old Sweet Hall Ferry Road, Lanexa, VA, due to her
husband serving a Governor's appointment as Commissioner of Mental Health,
appeared before the Council stating she has an alternative proposal for
Council; she noted that the original parcel of Elizabeth Campus was 52 acres;
approximately three acres of land was used for the YMCA, and a portion of an
acre for the water tower; she stated that this leaves about 48 acres, and the
retention pond will take several more acres; she stated the bottom part on the
map showing the buildings is approximately 28 acres; the other part is
approx i mate l y 16 acres; a group of citizens has been struggling for seven years
to save Elizabeth Campus for a central park; the group thinks there could be
some development around the periphery of the property such as Williamsburg
style craftsman offices, restaurants, etc.; there could possibly be an outdoor
amphitheater that could use the parking across the street and add to the
complement of activit i es across the street; this is an ideal location for a
central park in Salem that could have other activities to attract citizens and
tourists to add to what Salem already has; the alternative proposal is: if
Council is going to consider the proposal before it tonight, which will not
have that many jobs, she would like to move the businesses to the east; the
main hillside has the best views of the mountains, it is the main body of the
property, and it would enhance the quality of the businesses located to the
east; she is not only talking about this proposal, but of the proposal that was
approved between Thanksgiving and Christmas of OneBeacon; the ones that have
strugg l ed so long to save the Campus would not oppose the rezoning of the
approximate 16 acres to the right; it is their opinion that there is sufficient
room on that property to locate both businesses; they would do every t hing in
their power to make that a beautiful location for them; this still could be a
beautiful location and the employees at these businesses could still use the
YMCA and th i s would be a central location to Salem and close to Lewis Gale; the
proposal to Council is to relocate both businesses to the east of the campus,
and the citizens group would offer to buy the resulting 28 acres, which would
be negotiated, to turn the property into a central park; the citizens group
would like to have a year or two to buy the property, which can be negotiated
and earnest money put down with the amount to be negotiated with Council; they
would work with Council on the kinds of things that could go on the park and
the purpose for which it would be used; they would be willing to undertake the
maintenance of the property; she noted that they do not have all names signed
on the proposal, but the group will back up what she is saying tonight if
Council is willing to allow this request, which would be a win-win-win
situation; the businesses would be able to locate on this property, the City
would get the revenue from the businesses, and the citizens would be able to
have a park, not only for Salem, but all the visitors and businesses that come
to Salem; this would be an ideal place to draw businesses, college students,
and tourists to Salem; and
WHEREAS, Lee Eubanks, 329 Boulevard, Salem, appeared before the Council
stating that he has been reading in the paper this week about the chopping up
of the "family jewels"; he has heard about the professional polls that were
done; he discussed his opinion of professional polls; it is his opinion that
the City's professional poll is an election; there are approx i mately 20 people
at this meeting that complain about everything that goes on in the City; there
was someone that came from Richmond pertaining to this item, and he stated that
he witnessed Salem's first "drive by whin i ng"; these ind i viduals are not
worried about green space, they just want Council to do what they want them to
do; the City is not run by a referendum; it is run by City Council, and that is
what Council was elected to do; the vast majority of the citizens that did not
show up tonight are the ones who elected Council; etc.; and it is his opinion
that Council should stand up for the individuals who voted Council into office
and give some tax breaks to the individuals on fixed incomes; and
WHEREAS, Frank Munley, 425 Boulevard, appeared before the Council stating
that the Elizabeth Campus has been in public hands for at least 100 years; the
six years since the rezoning have been very short in respect to the previous
history; the City's haste to develop the property is uncalled for; he opposes
commercial development of the property; once the property leaves public
ownership, it can be resold for anything consistent with B-C zoning; 8-C zoning
includes light manufacturing facilities with large trucks cluttering the open
parking space, which would be reminiscent to Home Shopping Network on former
Oakey Field; the same thing could happen on the property for medical offices
under consideration at this meeting as there is a lot of parking; Council in
the original rezoning of the campus stated that the property would be sold to
high-tech businesses; insurance and medical operations in his opinion are not
high-tech businesses; attraction of high-tech businesses to the property has
failed largely because the property was not nationally advertised; it is his
opinion that this is disrespectful of the property; this move from high to low
tech is one example of Council's failure to level with the public about the
significance of recent actions regarding this property and what the long-term
consequences will be; during recent months, public discussion of this issue has
been sullied by misinEorma t ion from City officials as follows: it was stated
that the 1998 professional poll conducted by BKL Research polled 90 individuals
when in reality 407 individuals were polled; the number of individuals polled
was a tiny fraction of the total population of Salem; the Gallop poll obta i ns
information by polling 1,200 individuals, which is a smaller proportion of
population of the United States than the poll in Salem ; the accuracy of a
random sample depends only on the sample size not on the size of the population
sampled, etc .; he stated their motivation to change Council is prompted by
their concern for Elizabeth Campus; he said that it was stated that a majority
of citizens favor business development on the campus, which is not true as the
poll showed 33 percent agreed with rezoning and the 32 percent against
preserving the property as green space does not translate to a majority
desiring business; some City Officials argued that recent Council elections
proved that a majority of the citizens are in favor of development, but
everyone knows that these e l ections were not single i ssue elections; the 1998
poll indicated 85 percent favored an advisory referendum on the question ; an
advisory referendum ~as taken on the baseball stadium so i t is not
unprecedented; Council will not agree to a referendum because Council is afra id
of the result; he stated that Council and staff fed misleading information to
the citizens of Salem; as a citizen of Salem he is a third party beneficiary
for the City 's disposal of this property; it is his opinion that the fraudulent
ma rketin g of the property is illegal, and he will exploit any l egal alternative
possible to save the property from piecemeal fly-by-night development; and
WHEREAS , Billye White, 1234 Forest Lawn Drive, Salem , appeared before the
Council stating that she had lived at this location for 52 years; she supports
the City's position on developing the property; the City is lucky a developer
did not purchase this property and build 150 houses on this property when it
was sold by Roanoke College; the City decided to purchase the property and
develop a plan; the City has a good plan for this property; if or. Waldrop is
not allowed to bulld as planned, there is no other way to build on this
property; if anyone has been to Pinehurst, you can see what has been done with
physicians' offices, parks, and walking trails; and this could be done in
Salem; the businesses that locate on this property could provide j obs for the
City's young people; the City needs a good mix of business and park space; we
are lucky to have this land in Salem that can be used to help t ake the tax
burden off of homeowners and senior citizens; and she feels whatever Salem
does, it is done right; and
WHEREAS, Theodore Woods, Jr., 920 Quail Lane, Salem, appeared before the
Council encouraging Council to continue supporting the development of this
property; he stated that citizens of the City have parks such as Green Hill
Park, Longwood Park, Carvins Cove, and other properties that can be enjoyed;
council should be commended fo r attracting businesses; these are high-tech
businesses; he is a senior programmer for OneBeacon, and it i s a high-tech
company; he commends Council for keeping oneBeacon in this commun i ty; this is
about the future of the young people and opportunities for young people; he
commends Council for pick i ng responsible companies that desire to see the
property developed correctly with walking crails; he looks forward ta being in
a facility that has walking trails; the plans that he has seen appear to be
upgrades for this property; this property can serve the community and provide a
future with the present path of council; and he suggested that the leaders of
Salem be supported as they develop the best future for the community and the
young people in the community; and
WHEREAS, Bill Modica , 1546 Creek Lane, Salem, appeared before the Council
stating that Salem council is aware that we need to maintain open space to be
he ld in trust for future needs; Elizabeth Campus is the most ideal site for a
City Centennial Park or some other vital use; when the site was accepted from
Roanoke College, it was commonly accepted that it was too important a site to
be broken up i nto small parcels for haphazard development; it is his fear that
this is what is happening; the citizens were told the site was rezoned for
business use, and that the intent was to allow Salem the cption of utilizing it
for a large scale project of sign i ficanc va l ue; instead what is proposed is the
opposite; the site is being divided into small scattered parcels, and developed
for r outine office users; while he has no object i on to t he specific use
proposed, it is his opinion that there are other sites ava i lable tha t are
imminently suitable for new office space; he doesn't understand why this highly
valuable site shou l d be cut up into little pieces and developed for routine
uses that will not benefit a l l the City of Salem's residents, and it is not
consistent wi t h the reasons Salem citizens were given when Council members
rezoned the site; why does Salem need to sell a 6 .5 acre tract when all the
applican t needs is a single acre site for a 10,000 square foot build i ng; why
should five additional acres be turned over with no restrictions on who might
go on the property at a later date; he suggested the sale be limited to a
smaller site suitable for the proposed use as a single clinic building; and he
requested the sale of the 6.5 acre site be denied, Salem enter into
negotiations to sel l only a smaller site for a single user, and Sa l em retain
the remainder of the property for an as yet unanticipated significant future
use; and
WHEREAS, Joyce Foster, 342 High Street, Salem, appeared before the Council
requesting that Council stop the wholesale plight for development of Elizabeth
Campus; one can stand at the site of the YMCA and look across Texas Street to
the blighted landscape around the Civic Center to realize what will be lost
with the loss of this large green space; there are sites on the Civic Center
Campus that could be developed instead of Elizabeth Campus; she stated there
has been talk about locating a hotel on this property, so there would be enough
land to accommodate tonight's purchaser; and she requested that Council deny
the purchase of the 6.5 acres as requested at this meeting; and
WHEREAS, Cynth i a Munley, 425 Boulevard, Salem, appeared before the Council
stating this has been a long struggle to try to save a little piece of Salem;
the only reason the proper t y has not been developed previously is because of
people in Salem that dearly love this property; in 1998, Howard Packett stated
that this property is a beautiful piece of property , and we need to be very
careful how we deve l op it; it seems to her that the City is rushing; and time
has been taken in the past to investigate putting a golf course on Mowles
Springs, but she doesn't know how much; and
WHEREAS, Councilman Packett noted that the City spent $20,000 for study of
a go l f course at Mowles Springs; and
WHEREAS, Mrs. Munley proposed that Council spend a similar amount to find
out how the "family jewe l n could work for us to put Salem on the map in a
different way than for sports; we are the closest city in the Valley to
Interstate 81; people traveling on Inters t ate 81 have money in the i r pockets,
and Salem shou l d attempt to cap t ure some of that money; Salem has never once
brought in a professiona l planner to look at this property and try to determine
how the property could work for us in a lot of different ways ; it is her
opinion that one of the most important ways it could work for us is by being
our ttfamily jewel"; Council could take prospective businessmen and women to the
top of the property developed as an open space to show them the beauty of our
Valley with the mountains to sell Salem; it would be most generous for Council
and Mayor Tarp l ey in particular to determine what can be done to that property
that wo u ld rea l ly take into account what the majority of the citizens of Salem
want; they want to use the property for something green; there has never been
an open d i scussion where the citizens have been able to partner with the City
leaders on creative ways of using this property before parcels are sold; she is
concerned while t he City is looking for large parce l s to buy, what is the City
doing about this large "family jewel" parcel; i f the property is cut up, it
loses value; she is opposed to selling 6.5 acres when the City doesn't really
know what is to be located on the property; we will lose control of something
that could be an asset; she is talking about creating a space where children
and residen t s of Salem wou ld look back a nd say that the City did a wonderful
thing every time they walk on the property; the City would retain control;
Elizabeth Campus is not in anyone's back yard, but it is the entire community's
front yard; it is her opinion that no one would take the i r front yard and chop
it up; she begs Council to not take a vote tonight, but j ust mull it over; she
knows t hat there are all kinds of people that wa nt to see t he property used for
a community purpose as it is their property too; they have never really been
seriously brough t into the discussion of how to use the property, and that
discussion needs to take place or there will be a bad feeling in this City
forever about the way this is being done; she urged Council to delay voting on
this request; think about the proposal that has been put forth and bring the
citizens in to come up with the very best use of th i s property; this property
is a gift to our children forever; this property can sell Salem forever; and
WHEREAS, Vice Mayor Packett noted he did state that this is a beautiful
piece of property in 1998 when Counc i l rezoned the property to allow what we
are proposing at the present time; this development is a mixture of business,
parks, play areas, and walking trails; and he further noted that the City has
300 acres at Mowles Springs Park that wil l be developed and will probably be
one of the finest parks in this part of the country; and he noted that this
proper t y is the property that Council decided a long time ago that we wanted to
create jobs and have a continuity of play areas, walking trails, etc.; and
WHEREAS, Ellen Holtman, 316 Sunset Road, Salem, appeared before the
Council requesting t hat a member of the staff point out on the plan the portion
of the property tha t could only be an assisted l iving facility, retaining
ponds, etc.; and
WHEREAS, t he staff pointed out the rezoning area for the assisted living
facility, detention ponds, roadways, walking paths, and other areas of the
property; and
WHEREAS, Councilman Givens stated tha t the walk i ng trails will be lighted
with pole lights i n order for the paths to be used in the evening; and
WHEREAS, Mrs. Holtman questioned the number of accesses that w i ll be
provided on this property; and
WHEREAS, t he s t aff pointed out the access l ocations to this property from
Texas Street; and
WHEREAS, it was noted that the contract has been signed to allow OneBeacon
to locate on t h is proper t y, and the property has been subdivided; and
WHEREAS, Mrs . Holtman stated that it is hoped that the developers of the
property will take into consideration how the property can be used by ci t izens;
and
WHEREAS, Councilman Givens stated that one of the ma i n concerns of Council
for the development of this property i s that it be landscaped beautifully. be
paved, and have lighted walking trails th roughout the entire property in order
for citizens to use th i s property; and the property needs to be citizen
friendly;
ON MOTION MADE BY VI CE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS , AND
DULY CARRIED, the City is hereby authorized to sell 6.5 acres of property
loca ted off of Texas Street, being a portion of Tax Map 148-1-2, in the City of
Salem as shown on t h e exhibit presented at this meeting of Council to Virginia
Orthopaedic P.C., in the amount of $1 1 5,000 per acre, subject to the execution
of an appropriate contract as approved b y the City Manager and City Attorney -
the roll call vote being as follows: John Christopher Clemens stated that his
ques t ions to Dr. Waldrop outlined his concerns, he trusts and considers Dr.
Waldrop a friend who will do a wonderful job, he doesn't know what restrictions
the City has to limit the other five acres . he wholeheartedly trusts City
Ma nager Jones and City Attorney Yost when they are working on contracts, he
does not want anything other than what has been represented at this meeting to
occur on t he land, t here is a master plan, there is a rea l ly good idea with the
trails and type buildings in this area, Council needs to remember that the YMCA
is located next to this property with our children swimming and playing at this
location, he does not want a Methadone Clinic or rehab cocaine center or other
types of businesses that would fall into this zoning, Andrew Lewis Middle
School is only six tenths of a mile away, and he wil l vote nay; Jane w. Johnson
-aye; John C. Givens stated that Mr. Sparks made a presentation to Council
earlier and noted the Roanoke Valley region is l ucky in the aspect that the
area has a 2.6 unemployment rate, we do not have the workforce to fund a large
company coming to this property, he does not see a reason for Dr. Waldrop to
want to move to another location or lose the businesses he wou l d bring to the
property due to the close proximity of Lewis-Ga l e Hospital, it is his opinion
that Lewis-Gale Hospital is not going to be mov i ng from Salem, he stated again
th a t it is his utmost concern that when this property has been developed that
the City require that the property be a very attract i ve property with lighted
walking trails that everyone in the room will feel comfortable walking after
dark , and he voted aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr.
stated that he did an analysis on the proper t y when he first voted to purchase
th e property in 1996, the total tax revenue inc l uding personal property and
real estate taxes for the 150 homes that could be bu i lt on this property would
be approximately $490,000, a conservative to t al cost for Salem to educate the
children from the homes that could be built on this property would be
approximately 85 students added to the school system for a total of $566 ,270,
other than the original agreement with t he YMCA there are no deals to assist
anyone to locate on this property, the City did not spend hundreds of thousands
of dollars on a golfing study, the City spent $20,000 for the golf study , this
was probably the best $20,000 the City has ever spent due to the fact that the
City wo ul d be having to subsidize th is golf course had we moved forward, an
unwanted medical use cannot be located on this property, the new Zoning
ordinance requires a special use Permit for all medical facilities, the City
will control whatever Dr. Waldrop locates on this property in March after the
new Zoning Ordinance gees into effect, professional services are the fastest
' ,.; h ' ,., .. . . f . . '" 1 ' , grovnng anu 19 .. es;.. pa1a pro ess1ons 1n our economy, toLa or partia.1. open
space in Salem represents approximately 0.3 percent cf total Salem land, this
amount is high in relat i on to ether cities in the Nation the size of Salem,
16.7 percent of landmass i n the City of Salem is ta.x exempt, 22 percent of the
total assessed values in Salem is tax exempt, more publ.ic input has been
received on this issue than any debate in the City of Salem even more than
:forming a school system or becoming a City, at no time has this Ccuncil ever
promised that the real estate would be developed as a park, the City spends
currently more than $50,000 annually on Longwood Park maintenance, he
questioned what the City would have to spend on maintenance en th.is area if it
were deve l oped as a park, and he voted aye.
Mayor Tarpley recrctested that Council consider a.n ordinance on first
reading providing for the annual assessment of real property in the City of
Salem ; and
WHEREAS, Mayor Tarpley noted that currently the City conducts a biennial
assessment of rea l estate ; during the la.st two sess i ons of the General
Assembly1 bills have been introduced that would l i mi t the percentage increase
cf any real estate tax assessment; the bills do not differentiate between
jurisdictions that reassess annually or biennia l ly; and
WHEREAS, the City Manager requested that Council consider making the
effective date of the ord i nance July 1, 2007, as Salem has j ust completed the
biennial assessment through 2006; and
WHEREAS, Mayor Tarpley questioned the poss i b i l i ty of making the effective
date of the ordinance July l, 2006; and
WHEREAS, the City Attorney stated that he was requested to determine
whether the City had the authority under the City's Charter and State Law to
perform annual assessment for taxation of real estate in the City of Salem; and
he stated that Council can make the ordinance effective July 1, 2006; and if
necessary , the ordinance could be amended in 2006 to provide for a July l,
2007, effective date:
ON MOTION MADE BY VICE MAYOR PACKETT, SECO!IDED BY COUNCILMAN CLEMENS, A.'l\fD
DULY CARRIED, an ordinance entitled "AN ORDINAJIJCE PROVIDING FOR ANNUAL
ASSESSMENT OF REAL PROPERTY IN THE CITY OF SALEM, VIRGIN'IA," was duly passed en
first reading to become effective July 1, 2006 -the roll cal l vote being as
follows: John Christcpher Clemens -aye; Jane W. Johnson -aye ; John C. Givens
-aye; Howard C. Pa-::kett -aye; and Carl E. Tarpley, Jr. ~ aye.
Mayo r Tarpley requested that Counc i l consi.der adopting Resolution 1048
closing Main Street on September 1 0 , 2005 , for Olde Salem Days festivities;
ON MOTION' MADE BY COUNCILMAN GIVENS, SECONDED BY COi.JUC!LWOJlt'.AN JOHNSON, AND
DULY C.l'\RRIED, Resolution 1048 was duly passed and adopted:
RESOLUTION 1048
WHEP.EAS, the Salem Jaycees have planned activit i es in the downtown area of
Salem to involve C!itizens en September 10 , 2C05, from 7:CO ,a.m. to 7:CO p.m. that
will requ,ire th<;' clos::i.:ng of Main Street (!{cu te 460} bet-..,;i.en Ch~stnut S t::reet and
Lewis Avenue to Thompson Memorial Drive: and
WHEREAS. Co·Jncil ccncurs fo the request from the Salem Jaycee$ for the
closing of Main Street for this date a.nd t ime and has dev~loped a l ternate routing
for traffic ar o und the downtc,;,-:n area; NOW 1 THEREFORE,
BE IT RESOLVED BY THE COUNCH, OF THE CITY OF SALEM. VIRGINIA, that Council
doth request the Virginia Department of Tc anspcrtation to concur and approve
Cocnci1 1 s request to allo~ the closing of Main Street (Route 4€0) between Chestnut
Street and Lewis Avenue tv Thompson Memorial Drive on Septer:iber-lO, 2005:
BE IT P.JRTHER :RESOLVED t hat a certified copy of this Res<:>lution be. !o.rwarded
to the Vi.rg inia Dep a rtment of T r ansportation.
Upon a call for an aye and a nay vote, the same stood as follows:
Jo?rn Christophe1· Clemens -Aye
J~ne w. Johnson -Aye
John C. Give.ns ~ Aye
Howard C. Packett -Aye
Carl E:. Tarpley, Jr. -Aye
CRDINA!'-!CE
PASSED O.N
F'!RST
READING
PROV I DINO
FOR THE
ANNUAL
ASSESSMENT
Of REAL
PROPF!RTY IN
THE CITY OF
£ALBM
RESOLUTION
1048
ADOPTED
CLO S ING
MAIN STR!!'eT
ON
SEPTEMBER
1 0 , 2005.
r·oR OLDE
SA.!,BM DAYS
FESTIVTT I BS
CONTINUED
CONSIDERA
TION OF
APPROVAL OF
7'.MF.:NDED AND
RESTATED
BYLAWS FOR
BLUE RIDGE
BEHAVIORAL
HEALTI-rCA.RE
APPROVAL OF
ADDENDUM TO
THE LEASE
AGREEMENT
WITH SALEM
PROFESSIONAL
BASEBALL
CLUB, INC.,
FOR SALEM
MEMORIAL
BASEBALL
STADIUM
PERTAINING
TO ARTICLE X
RELATING TO
SKYBOXES
CONTRACT
AWARDED WITH
GOS
ASSOCIATES,
INC., FOR AN
ELECTRICAL
RATE STUDY
FOR NEW
RATES AND
STRUCTURE
CONTRACT
AWARDED TO
"THE
SHPIGLER
GROUP" FOR A
TELECOMMUNI
CATIONS
STUDY, WHICH
WILL INCLUDE
A MARKET
STUDY TO
BETTER
EVALUATE THE
CITY'S
OPTIONS
Mayor Tarpley reported that Council at its regular meeting held on
December 13, 2004, continued consideration of approval of Amended and Restated
Bylaws for Blue Ridge Behavioral Healthcare; and
WHEREAS, Mayor Tarpley reported that he has received a request to again
continue consideration for approval of the Amended and Restated Bylaws for the
Blue Ridge Behavioral Healthcare;
THEREUPON, said request was continued.
Mayor Tarpley requested that Council consider the request of the Sa l em
Avalanche for an amendment to the Salem Memorial Baseball Stad i um lease between
the Salem Professional Baseball Club, Inc., and the City of Sa l em; and
WHEREAS, the City At torney recomme n ded t he lease be amended to read as
follows: "Notwithstanding the foregoing, the Lessor's City Manager and the
Lessee's General Manager may, upon their written agreement, rent the said
skyboxes at a different rental based on fair market renta l value";
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND
DULY CARRIED, the Addendum to the Lease Agreement dated December 31, 2002,
pertaining to Article X relating to Skyboxes was hereby approved --the roll
call vote being as follows: John Christopher Clemens -aye; Jane W. Johnson -
aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr. -
aye.
Mayor Tarpley requested that Council receive the report and consider
awarding a con t ract for the Electric Rates Study; and
WHEREAS, Vice Mayor Packett, Chairman of Council's Audit-Finance
Committee , reported that on June 30, 2005, the City's favorable contract with
CINERGY for the purchase of electricity wi l l expire; Salem h as entered into a
new agreement with AEP for a one-year period beginning Ju l y 1, 2005; however,
the cost of delivered energy increased substantially (approximately 50
percent); the City's retail electric rates will no longer support this level of
expense, and the City issued its Request for Proposal for a "Cost of Service
Analysis and Retail Rate Study"; eight proposals were received: a committee
consisting of Jay Taliaferro, A. K. Briele, Jeff Farmer, and Frank Turk
thoroughly reviewed the proposals; and the Audit-Finance Committee recommends
approving a contract with GDS Associates, Inc., for an Electrical Rate Study
for new rates and structure at a cost of $28,500 with mon i es to come from the
Electric Depar t ment's budget;
ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN CLEMENS, AND
DULY CARRIED, a contract was hereby awarded with GDS Associates, Inc., for an
Electrical Rate Study for new rates and structure in the amount of $28,500 with
monies to come from the Elect r ic Department's Budget --the roll ca l l vote
being as follows: John Chris t opher Clemens -aye; Jane W. Johnson -aye; John
C. Gi vens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr. -aye.
Mayor Tarpley requested that Council receive a report and consider
awarding a con t ract for a Telecommunica t ions Study; and
WHEREAS, Vice Mayor Packett, Chairman of Council's Audit-Finance
Committee , reported that the City of Salem has been approved as a Municipal
Local Exchange Carrier by the State Corporation Commission, Certificate #T-616;
in o r der to further evaluate business options available to t he City, a Request
for Proposal for a Telecommunications Consultant was issued and responses were
rece i ved and thoroughly reviewed by a committee consisting of Jay Taliaferro,
Melinda Payne, Joe Yates , Mark Waldron, and Frank Turk; and the Committee
recommends a contract be awarded to "The Shpigler Group" at a cost not to
exceed $40,000 for a Telecommunications Study, which will include a market
study to better evaluate the City's options, said monies will be chargeable to
the Unappropriated Fund of the Balance;
ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN CLEMENS, AND
DULY CARR I ED, a contract was hereby awarded to "The Shpigler Group" at a cost
not to exceed $40,000 for a Telecommunications Study, which will include a
market study to better evaluate the City's options, said monies will be
chargeable to the Unappropriated Fund of the Budget --the roll call vote being
as follows: John Christopher Clemens -aye; Jane W. Johnson -aye; John C.
Givens -aye; Howa rd C. Packett -aye; and Carl E. Tarpley, Jr. -aye.
The r e being no further bus i ness to come before the Counc i l, the same on
motion adjourned at 9:00 p .m.
f\.A. ·~ C . Lfa ,,_') ll, /_
~Y Clerk of Counc il 0