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HomeMy Public PortalAbout1983_10_12 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 12, 1983. n A regular meeting of the Leesburg Town Council was held in the Council 3 Chambers, 10 West Loudoun Street, Leesburg, Virginia on October 12, 1983 at 7:30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Willis. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assistant Manager for Planning and Development Marc Weiss, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. On motion of Mr. Willis, seconded by Mrs. Hill, the minutes of the regular meeting of September 28, 1983 were unanimously approved as submitted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PETITIONERS: Mrs. Lillian Murray, Treasurer of the Piedmont Federation of the Blind, introduced Mr. Dorsey Dulaney, President of that organization, who explained to Council that October 15 is White Cane Safety Day. Their members try co to educate all people concerning the white cane - they distribute small white canes and pass out literature in the schools, as well as on the streets. 0 Mayor Sevila read and presented the following Proclamation to Mr. Dulaney: CC) WHITE CANE SAFETY DAY Q WHEREAS, the Piedmont Federation of the Blind has requested that October 16, 1983 be declared as White Cane Safety Day; and WHEREAS, the Piedmont Federation of the Blind has urged that all Americans mark this occasion by greater consideration for the special needs of the visually handicapped and particularly by learning to heed the white cane in order that the traffic-filled streets and highways may become safer ' for all sighted and sightless alike: THEREFORE, BE IT PROCLAIMED that October 15, 1983 is named White Cane Safety Day and all civic organizations, schools, public bodies, the me- dia of public information and all citizens in the Town of Leesburg are urged to cooperate by promoting greater awareness and meaning of the white cane and full understanding of the ever-increasing competence of blind persons. Mr. Fred Z. Hetzel, a resident of West Cornwall Street (in the historic district) and President of the Preservation Society of Loudoun County, said he has two concerns - one being the need for a "fence" ordinance - the other for a "tree" ordinance. It is felt that a fence ordinance would be very useful - especially in the historic district. They realize that this is a matter to be looked into carefully and would be sympathetic to any financial obligations in- volved. They would like Council and the Planning Commission to take a close look at other jurisdictions who have fence ordinances. As to the trees, the Preservation Society became involved with an endangered elm tree in the Arcola area - it took a great deal of persuasion and a great deal of effort on the part of many people to save this particular tree from being destroyed in view of a proposed road project. He understands there are no regulations to save any trees that are in the way of any kind of construction project in Leesburg. The Preser- vation Society would like Council to take a close look at this. Some of the owners on Liberty, Wirt and Cornwall Streets have taken a lot of trouble to save some of the old trees in their particular areas. Recently a whole group of beautiful old maple trees were cut down in the back of property being re- stored in the Memorial Drive area - he believed most of the people in the area would have been more comfortable if every effort had been made to save these trees. He related the story concerning the elm tree, where the 16-year old daughter wrote a letter to the President and, after two weeks of passing through government channels, she received a letter from President Reagan saying the tree would be saved. Mr. Bos said he and Mr. Hetzel have discussed a possibility of the Historic District ordinance being changed to accommodate certain things. This council is now considering an Environmental Committee that would address some of these things. MINUTES OF OCTOBER 12, 1983 MEETING. 340 Mrs. Hill said the Planning Commission has appointed a committee to study a fence ordinance - they are in the process of requesting ordinances from other jurisdictions. Mayor Sevila asked if any effort has been taken concerning a tree ordinance? Mr. Niccolls said nothing has been done on this. Mayor Sevila suggested that this be referred to the Planning Commission to do the same type of evaluation they are undertaking on the fence ordinance. Mrs. Hill suggested just adding this to the "fence" committee. By mutual consent, Council directed that the Planning Commission make the same sort of evaluation on the tree ordi- nance and report back to Council. Mayor Sevila said he would like to see some report from the Commission before they get to the actual ordinance consideration stage so that Council can sift through the alternatives in committee meetings and perhaps adopt specific recommendations concerning these ordinances. COUNCILMEMBERS' COMMENTS: Mr. Bos reported that the Economic Development Advisory Committee met this morning, with most of the time spent discussing the State Community Certification Program. The town is considering entering this program, which involves the State agency - this will eventually certify the town as a designated qualified economic center where they can refer prospective developers, builders, etc. Mr. Dave Dick- son from the Division of Industrial Development appeared and presented the town with a book, so essentially we are enrolled in the program now. He went through the whole thing rather thoroughly, with the biggest emphasis right now being finding qualified industrial sites. Members of the committee questioned him at length on questions a little less industry-related - more small business-related. The certification program is a long process and will be several years in the making. Mr. Bos suggested that, regarding the hanging cloth signs the staff has been trying to pursue, the next Lamplighter make it clear as to what is and is not al- lowed. Also, for the Lamplighter, concerning the Town Plan, state the process in order to make the public aware that several public hearings will be coming up. Mr. Gheen asked that the matter of an increase in membership for the Plan- ning Commission be placed on a committee agenda for discussion - he believed that, with the advent of annexation, the Commission will have a bigger workload. The Code allows from five to 15 members and he is proposing an increase from seven to nine members at this time. He felt it should have input from the Plan- ning Commission before formal action is taken. Mrs. Hill said the Planning Commission, at its meeting last week, approved the preliminary plat for 49 houses in Exeter, Section 1. Mr. Willis noted that East Market Street is almost completed. A few people have contacted him about some of the lane markings being a little confusing. He has talked with Mr. Shope and he is going to contact the Highway Department about that. Mr. Willis also said he sat in on the meeting of the Carrvale citizens group last night with Mayor Sevila and Frank Raflo and was impressed with the amount of participation and interest shown in this group. There were approxi- mately 75 people present. Mr. Coffey reported that the Town Plan Task Force met last night to consider the draft of the Land Use element of the Plan. There was a lot of discussion and they will be meeting again next Tuesday night for further discussion. He antici- pates that this portion of the Plan will be one of the most controversial, though he does not think there will be any real problems. The Task Force is also sched- uled for the following Tuesday night. Mr. Tolbert reported that construction on the sewer line at the airport is moving along pretty rapidly and bids were opened on the building this after- noon. MAYOR'S REPORT: Mayor Sevila announced that the annexation case is now concluded, with the entry of an ORDER by the three-judge panel yesterday afternoon. This is signi- ficant for a number of reasons - not only because of its historical significance to the town and its development but, also, it culminates two years or more of some very vigorous hard work on the part of many of this council and the staff. Though he wasn't a part of Council when it was begun, he knows it has been a long time and represents a lot of hard work by all of those who were here then. Since he became a member of the negotiating committee, he worked closely with Mr. Niccolls MINUTES OF OCTOBER 12, 1983 MEETING. g and the staff on the town's position with respect to all of the contested 3 4 1 issues. He received another fine compliment this week from our attorney con- cerning the type of back-up support work he had been able to get from the town and the staff. By doing much of this work in house, it was council's opinion that we had saved a significant amount of money that might have been spent on outside studies, consulting and engineering work that we were able to put in a form that could be introduced in evidence. This was done by some very con- scientious and capable people. He extended his personal thanks and congratu- lations to the staff and council who worked so hard on the annexation. It is a big event and a big accomplishment. He received a request from the Mayor of the Town of Herndon - that town is in the process of looking into the development of downtown parking lots. Mayor Rust has asked that we provide them with an analysis of our experience in attempting to locate funds for the downtown parking area. We should have some experience we can share with them on this. Mayor Sevila called attention to an article in this week's League letter concerning a meeting on October 22nd at the John Marshall Hotel - this will be a Virginia Architectural Review Board seminar. With this topic so current in our minds, it looks very helpful to us. He is going to try to attend this meet- ing and urged members of our Board and various committes and Council to try to W attend. OTwo weeks ago we declared our intention to decrease the personal property CEI tax on aircraft - he has already had two contacts from people who would like to M locate their aircraft at our airport. One is from a man who owns as many as 16 W executive jet aircraft and our airport has a lot of appeal to him. He has in- Q vited him to have lunch with us - he wants to take a look at the airport and give some serious consideration to moving all or most of his aircraft out here when it becomes appropriate. We hope we are taking a step in the right di ec- is c ce ne tion as far as the stimulation of economic development for the town9- ift is is any indication, we certainly did the right thing. Mr. Minor says he has also had some contacts concerning the feasibility of locating aircraft there. MANAGER'S REPORT: ' Mr. Niccolls apologized for the packet not getting out to councilmembers Monday night. It had several important items in it - one of them being a legal opinion from George Martin as to the deed of lease and development agreement with Market Square Associates. He hoped they have had time to review the at- tachments and the legal opinion. There was also a report on the status of the flight service station and terminal project - this was intended to be in their hands on Monday to give them time to think about what we would do if the bids come in and we are still somewhat over budget, which happened today. As he reckons the numbers, in allowing an additional $20,000 contingency and adding some miscellaneous expenses not in the cost estimate on Table I, he gets a total project of $1,450,000. This will be $132,000 above the amount available from bond proceeds. In the report they have suggested, as sources for addi- tional funds, three primary areas: (1) The deferral of any local expenditures on the runway extension - perhaps there are some alternative sources of funds from contributions at the airport for the local cost; (2) The utility fund is incurring expenses to construct this line - primarily labor - it was in- tended to keep a running tabulation on these expenses and when the project is over, charge them back to the bond fund and reimburse the utility fund. Now we are saying we have that labor anyway - why not treat it as a contribution to this work; (3) There is a normal $10,000 transfer to be made to the gene- ral fund from the airport fund to cover administrative overhead budget items. If they agree to these three items as policy shifts, this would raise $75,000 - leaving a balance of roughly $65,000 unfunded, based on the bids received today. He emphasized that we are really pretty close to what was anticipated almost two years ago on this project. The report attempts to set out some very good reasons as to why this project should be pursued. When they meet in special session next week, they will have some additional ideas and they will talk about how to carry this through, but the funds are not immediately available from known sources at this time to completely balance the cost. We know we are building a sewer line that has a potential of drawing over $2,000,000 in availability fees in the future. It shows the magnitude of revenue possible on the line as compared to a relatively small deficit in the project budget. There is a bid tabulation attached to the Activity Report tonight and Item 2 on the report indicates that we should assume a bid of about $1,038,000, to which he would add $20,000 as a contingency reserve - this is still less than MINUTES OF OCTOBER 12, 1983 MEETING. 342 two percent and we mayor maynot spend it. However, on a $1 000 000 Pproject you can certainly expect some unknowns. The architects have been authorized to contact the low bidder to learn which items in the present design can be trimmed back - this is a routine procedure. We don' t think there's a dime's worth of"fat"in this budget, but he may be able to make some suggestions with- out taking away from the utility, appearance or function of the building. He (Mr. Niccolls) was pleased that the bids were centered around the latest esti- mate received - Mr. Minor's estimate for the terminal and the AFSS, exclusive of any overhead items, was very close to what the bidders all seemed to find. There are a couple of good indications here. First, we are in a good construc- tion market - there was a lot of interest in the plans and, second, the plans are competently drawn by Ballou and Justice - there was no confusion by the bidders as to what was being requested. There was only one bid that was way 1 off in the ballpark - the others were within dimes of each_other. There will be one more thought given as to how to cover this deficit over the next six months of construction and have a report from the architect on Monday on the quality of the low bid - he has worked with this architect before. The Market Square lease is in front of them tonight, along with a brief report from Mr. Weiss covering the dicussion. They made a list of the problems that surfaced at the committee meetings last week and they believe the lease, in its final form, has resolved every one of those problems. In addition, the exhibits have been attached. The lease reflects what was discussed last week. A grant increase has been received on the STEP I (Sewage Treatment Plant) grant. Beginning in 1976 the town performed a facility plan for wastewater management - this continued for almost five years and we spent about $137,000 - we conducted certain studies at the request of COG and EPA for which we had not been reimbursed at 75 percent. They have now found their way clear to reimburse us for items they asked us to do (study on land treatment) . Mr. Weiss reports he has closed the purchase of the Saffer barn property and he will have the final relocation and business development agreement exe- cuted soon. This is a concrete example of a business improvement - relocation and a brand new very handsome building designed by a local architect to house an old long-standing, valuable and high-volume business in Leesburg. The South Harrison Street project is already responsible for one complex proposal which we all hope will go and this other arrangement . which we know will go. 83-158 - RESOLUTION - REQUESTING INCLUSION OF LOUDOUN COUNTY IN THE WASHINGTON LOCAL ACCESS TRANSPORT AREA. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, Leesburg and Loudoun County have been included in the Culpeper local access transport area; and WHEREAS, the divestiture of A.T.&T. will result in elimination of foreign exchange service; and WHEREAS, the town government and many town businesses rely on contact with the metropolitan Washington area; and WHEREAS, identification with the Washington metropolitan area is an important aspect of the town's economic development program; and WHEREAS, Loudoun County and Leesburg are a part of the Washington, D.C. standard metropolitan statistical area: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. C & P Telephone is requested to petition the United States District Court of the District of Columbia to redesignate Loudoun County in the metropolitan Washington, D. C. local access_transport area. SECTION II. The manager and town attorney are authorized to cooperate with Loudoun County in filing a petition with the court and/or petition the court directly on behalf of the town to include Loudoun County in the Washington, D. C. local access transport area. MINUTES OF OCTOBER 12, 1983 MEETING. 9 A 7 At the suggestion of Mayor Sevila and on motion of Mr. Willis, seconded by J Ye) Mr. Coffey, Section I was unanimously amended to read as follows: SECTION I. C & P Telephone is requested to petition the United States District Court for the District of Columbia to amend its order to in- clude Loudoun County in the metropolitan Washington, D.C. local access transport area. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. The resolution, as amended, was unanimously adopted: : A eCouncilmembers Aye: Counc lme bers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-159 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE TO REVISE SECTION 1-3(b) , ANNEXATIONS. mOn motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: Q WHEREAS, Section 1-3(b) of the Leesburg Zoning Ordinance provides CO for adoption and application of the Zoning Ordinance of Loudoun County CO to property which may be annexed or otherwise added to the incorporated area of the town; and WHEREAS, the Zoning Ordinance of Loudoun County was adopted by refer- ence and became effective on the date Section 1-3(b) of the Leesburg Zoning Ordinance was adopted (February 10, 1982) ; and WHEREAS, certain amendments to the Zoning Ordinance of Loudoun County have been adopted since February 10, 1982 that are desired for its prop- er application to property within the proposed area of annexation; ' RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 1-3(b) to read as follows: The Zoning Ordinance of Loudoun County, as effective on (insert date , is made a part of this ordinance by reference of adoption) as if fully set out herein to provide temporary zoning regulations ap- plicable only to property which may be annexed or otherwise added to the incorporated area of the town pending the orderly amendment of the Leesburg Zoning Ordinance following such annexation or addition. All property annexed or otherwise added to the incorporated area of the town shall be automatically classified in the same zoning district as the property was classified under the Zoning Ordinance of Loudoun County as adopted herein and shall be governed by the provisions of the Zoning Ordinance of Loudoun County including any existing prof- fered conditions. Whenever reference is made to a particular officer, department, board, commission or other agency in the Zoning Ordinance of Loudoun County adopted herein, such reference shall be construed as referring to the comparable officer, department, board, commission or other agency of the town. Fees to be charged for applications for zon- ing permits, variances, special exceptions and interpretations of the zoning district map, appeals to the Board of Zoning Appeals and peti- tions for amendment of the zoning map pertaining to all property an- nexed or otherwise added to the incorporated area of the town shall be as set out in the Leesburg Zoning Ordinance. SECTION II. A public hearing at which persons affected by the Zoning Ordinance amendment proposed above may appear and present their views shall be held beginning at 7 :30 p.m. , or as soon thereafter as the mat- ter may be reached, November 9, 1983 in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. In line with Section 15.1-431 of AA MINUTES OF OCTOBER 12, 1983 MEETING. Y 34 the Code of Virginia, this hearing shall be a joint public hearing of both Planning Commission and Council. The clerk shall give no- tice of this hearing on October 20, 1983 and October 27, 1983 and advise the Planning Commission of the purpose, date and time of the hearing. SECTION III. The Planning Commission shall report its recommendations to the Town Council on the proposed amendment within 30 days of the public hearing. There was discussion concerning any amendments of the Loudoun County Zoning Ordinance between now and the effective date of annexation, however, Mr. Nic- coils felt there would not be enough time for adoption of any such amendments - j there is such a short time period between now and January 1. We would try to bring any such amendments to the attention of Council. Mayor Sevila suggested that any such amendments should really be made by the town not by the county. He understood that the staff is looking into our fee schedule now. Mr. Niccolls said they were asked at the last committee meeting to prepare by January 1 some recommendations on miscellaneous fees and charges. Mr. Gheen said he has some information on this . The resolution was unanimously adopted: Aye: Counciltrembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolutions were proposed as consent items and unanimously adopted after some little discus- sion: 83-160 - RESOLUTION - AMENDING THE LEESBURG COMMUNITY DEVELOPMENT REHABILITATION PROGRAM GUIDELINES. WHEREAS, the town's present maximum grant amount is $10,000; and WHEREAS, future rehabilitation cases may cost more than the present maximum grant amount; and WHEREAS, the Washington Area Office of the Department of Housing and Urban Development indicates that the average grant amount in the metro- politan area is $15,000: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Section 3.1 of the Rehabilitation Program Guidelines is revised to read: Section 3.1. Grant amount. The maximum grant amount is $15,000. The maximum grant may be increased by up to 25% when authorized by the town manager to correct health and safety violations. Mr. Bos commented that this is another step in improving this area. 83-161 - RESOLUTION - SECOND EXTENSION OF AGREEMENT, PERFORMANCE GUARANTEE AND TIME FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR BROWN'S MEADOW SUBDIVISION. WHEREAS, Council Resolution 82-139 extended the time for completion of public improvements in Brown's Meadow Subdivision until October 8, 1983; and WHEREAS, the developer has requested a one year extension of time for completion of public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The contract for public improvements and performance guarantee for instal- lation of public improvements for Brown's Meadow Subdivision is extended to require completion on or before October 8, 1984. Mr. Gheen asked when a first extension was granted? Mr. Brownell said about a year ago - the original contract was for 24 months. MINUTES OF OCTOBER 12, 1983 MEETING. 345 83-162 - RESOLUTION - AUTHORIZING A PERMIT WITH THE COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION FOR TUSCARORA CREEK CHANNEL IMPROVEMENTS. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall execute the Commonwealth of Virginia Marine Resources Commission permit No. 83-0592-3-S on behalf of the town for Tuscarora Creek channel improvements in the vicinity of South Harrison Street. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mor. Sevila. Nay: Nonaye. 83-163 - RESOLUTION - AUTHORIZING CONTRACTS FOR PURCHASES. On motion of Mrs . Hill, seconded by Mr. Tolbert, the following resolution was proposed: SECTION I. The manager shall enter into a unit price contract with Tri- County Asphalt Company, P. 0. Box 600, Chantilly, Virginia 22021 for street resurfacing in an amount not to exceed $25,000. 03�.} V SECTION II. The manager shall enter into a contract in the amount of O $26,422.35 with Leesburg Ford-Mercury, P. 0. Box 1608, Leesburg, Vir- m ginia 22075 for a large 28,000 pound GVW truck with diesel engine. m SECTION III. The manager shall enter into a contract in the amount of Q $12,365.16 with S & R Chevrolet-Oldsmobile, Inc. , P. 0. Drawer 1196, Leesburg, Virginia 22075 for a 10,000 pound GVW cab and chassis. Mayor Sevila understood that these are budgeted items which are in need of re- placement. Mr. Niccolls said one pick-up is a replacement, but the new heavy- duty truck is for serving the newly annexed territory. All of them are under budget and have been advertised. The resolution was unanimously adopted: U Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-164 - RESOLUTION - MAKING APPROPRIATIONS FOR FISCAL YEAR 1984. On motion of Mr. Willis, seconded by Mrs. Hill, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Appropriations are made from the General Fund, unappropri- ated fund balance, to the accounts and in the amounts shown below for fiscal year 1984: Account Number and Name Amount 1214.101 Salaries & Wages $ 2,000.00 1214.200 Fringe Benefits 500.00 4102.310 Resurfacing 25,000.00 4102.701 Market Street Improvements 6,000.00 4102. 707 Equipment 39,000.00 SECTION II. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the Airport Capital Project Fund, account number 8300.702, in the amount of $4,000.00 for fiscal year 1984. Mr. Niccolls explained that the $2,000 is to advance to early November the time when an additionalclerk will be working in the Finance Department. This is bud- geted for one-half of the year and this would get this clerk working two months early. The $500 is for this purpose as well. The resurfacing contract is self- explanatory - most of the work is being done in Prospect Hills. The $6,000 provides funds for the design of landscaping and streetscape improvements on East Market Street. The $39,000 is for the two trucks just authorized. The /j [6 MINUTES OF OCTOBER 12, 1983 MEETING. 346 resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-165 - RESOLUTION - AUTHORIZING CONTRACT FOR SEWER FORCE MAIN PIPE AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a unit price contract in the amount of $10,256.00 with A/C Pipe, Inc. of Chantilly, Virginia for the purchase of sanitary sewer force main pipe and appurtenances. SECTION II. An appropriation to remain in effect until the project is complete is made from the unappropriated balance of the Airport Capital Project Fund to the account in the amount shown below: Airport Sewer Line Construction, Account No. 8300,702 - $10,256.00. Mayor Sevila noted that four bids were received in response to the town's news- paper ads. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-166 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED AMEND- MENT TO SEC. 2-6-1(b) OF THE LEESBURG ZONING ORDINANCE. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider a proposed amendment to Sec. 2-6-1(b) of the Leesburg Zoning Ordinance shall be published in the Loudoun Times-Mirror on October 20, 1983 and October 27, 1983 for public hearing on November 9, 1983 at 7 :30 p.m. in the Council Cham- bers, 10 West Loudoun Street, Leesburg, Virginia. Mrs. Hill explained that this has to do with non-conforming uses - it changes from five years to two years the time such a use may be re-established after discontinuance. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-167 - RESOLUTION - MAKING A FOURTH REDUCTION IN THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUBDIVISION. Mayor Pro-Tem Bos assumed the Chair since Mayor Sevila's firm represents Cedar Walk on certain matters. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed: WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus, and the town's Director of Engineering have reviewed the public im- provements installed to date in Cedar Walk Subdivision and certify that the value of work performed is $140,451 and the remaining amount of work is less than $385,183; and WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354 Fidelity and Deposit Company of Maryland surety bond have been provided by the developer and approved by council to guarantee installation of public improvements in Cedar Walk Subdivision; and MINUTES OF OCTOBER 12, 1983 MEETING. g WHEREAS, the town has agreed, when appropriate, to decrease the per- 3 4 7 formance guarantee by reducing set aside bank funds by 90 percent of the value of work completed on the public improvements: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Round Hill National Bank set aside letter originally in the amount of $412,235 is reduced to $285,829. The Fidelity and Deposit Company of Maryland surety bond in the amount of $99,354 remains unchanged. SECTION II. The manager shall notify Cedar Walk, Inc. that liability for set aside funds has been reduced as outlined in Section I of this resolu- tion, and that this reduction not constitute acceptance of public improve- ments by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Cedar Walk Subdivision. Mayor Pro-Tem Bos felt the "set aside letter" is a good method for a developer to have an inexpensive, but guaranteed, way of bonding public improvements - he felt council should discuss this method further to see how it might be used to better advantage, with just a few "draws". The resolution was adopted by a vote of 6 to 1 abstention: OD Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Pro-Tem Bos. 0M Nay: None. W Abstain: Mayor Sevila. QMayor Pro-Tem Bos declared a five-minute recess. The meeting was reconvened by Mayor Sevila. A slide presentation was made and narrated by Mr. Beckham Dickerson who, together with Mr. Bruce Brownell, are the principals in Market Square Associ- ates, Inc. , developers of the proposed Market Square project in the South Harri- son Street neighborhood, a part of the Community Development Block Grant Program. It is intended that this project will include shops, restaurants, antique sales, antique auctions, hopefully performing arts and a farmer's market, along with ample parking. The buildings will include a 1910 "wharf" building (the McKimmey barn) , the 1890 McKimmey mill, a 1915 milking barn, an 1820 log house (the latter two to be moved from other sites and re-erected) , an 1880 railroad station mas- ter's house and the old freight depot, all to be interconnected so that you can pass from one building to another, as in a mall, without going out into the ele- ments. 83-0-30 - ORDINANCE - APPROVING DEED OF LEASE AND DEVELOPMENT AGREEMENT WITH MARKET SQUARE ASSOCIATES, INC. On motion of Mrs. Hill, seconded by Mr. Coffey, the following ordinance was proposed: WHEREAS, the town received a $1.35 million community development block grant in 1981, of which a major element is redevelopment of vacant land in the South Harrison Street neighborhood; and WHEREAS, on November 11, 1982 the town advertised for development proposals for the Sollars/Bryant tract; and WHEREAS, three letters of interest were received by the town on December 13, 1982; and WHEREAS, the town received a formal proposal from the Market Station Part- nership (predecessor to Market Square Associates, Inc.) dated February 11, 1983; and WHEREAS, the town entered into negotiations with representatives of Market Station Partnership in March, 1983 resulting in a proposed lease and de- velopment agreement; and WHEREAS, Section 15.1-18 of the Code of Virginia of 1950 permits the Town Council to purchase land and lease or sell it to any person or business with such terms and conditions as it may attach; and MINUTES OF OCTOBER 12, 1983 MEETING. 348 WHEREAS, Section 15.1-29.7 of the Code of Virginia of 1950 authorizes the town to participate in the community development block grant pro- gram and enter into any eligible community development activity; and WHEREAS, economic development is an eligible activity under the com- munity development block grant program and all provisions of the de- velopment agreement are eligible economic activities; and WHEREAS, a part of the premises was acquired pursuant to Sec. 15.1-275 of the Code of Virginia of 1950 and the lease and possible sale thereof will protect the beauty, usefulness, efficiency and convenience of the remaining public streets and parking lot: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The deed of lease and the development agreement between the Town of Leesburg in Virginia, landlord, and Market Square Associates, Inc. , tenant, dated October 13, 1983, is approved and the manager shall execute the agreement on behalf of the town. SECTION II. This ordinance shall be effective upon submission by Market Square Associates, Inc. of the following documents in a form satisfactory to the town attorney: a. Articles of incorporation of Market Square Associates, Inc. b. List of the officers and shareholders of Market Square Associ- ates, Inc. c. A certified copy of a resolution by the Board of Directors of Market Square Associates, Inc. authorizing the lease and desig- nating the officers empowered to execute the lease on behalf of the corporation. d. Evidence of current registration of the corporation. Mr. Niccolls referred to a memo by Mr. Weiss concerning several items in the lease that were questioned in committee meetings - these questions have been re- solved. Mayor Sevila said this lease has been under consideration by Council for several weeks and has been thoroughly scrutinized by Council and staff - he was impressed by the quality of some of the remarks, comments and questions made by all councilmembers concerning it - all of those changes have been addressed in this final draft. They have all been addressed by our special attorneys handl- ing negotiations and preparation of the lease. This is a good review process and the product is much better than when it first came to us. Mr. Bos feels this is an exciting project and is just about the best form of public-private cooperation you might enter into. It satisfies most of the more important requirements of the Community Block Grant, economic development, historic preservation and a number of things. These are local developers par- ticipating in this, as opposed to someone outside the area. This is a project of remarkable design talent - he congratulated Mr. Dickerson and Mr. Brownell for having the courage to go into this project and the staff for hammering out an agreement that was difficult at best - it is very unique. Mr. Gheen said he had some misgivings about several things concerning this - it is a new venture and certainly is not risk-free, but he believes Council has done everything possible to see that all of the points have been covered. Our counsel's opinion covers all the legal questions involved. The lease itself was drafted by special attorneys. It is certainly novel and innovative and something that everyone can be proud of if it is completed successfully. He is satisfied with the lease and its requirements and wishes the developers good luck. It won't happen by itself - it will take a lot of work to get it built. Mayor Sevila joined with Mr. Gheen and the rest of Council - it is quite an ambitious undertaking. We came out with a good document and we are all satis- fied with it. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. !1 1 MINUTES OF OCTOBER 12, 1983 MEETING. 349 Mr. Dickerson commented that, for the Town of Leesburg to do this type of thing (usually reserved for Boston, D.C. , etc.) says quite a bit about the quality of and far-sighted leadership we have. You don't usually find this in towns of this size. Mr. Tolbert said he visited a mall similar to this in London back in the 70's and wondered if we would ever have something like it here in Leesburg one of these days, so his dream is coming true. On motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned at 9:25 p.m. r Jr/di 4 / Mayor, / L /i/� Clerk of the/ he Council 1