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HomeMy Public PortalAbout1984_04_11 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 1.1 ,. 1984 MEETING A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on April 11 , 1984 at 7:30 p.m. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, followed with the salute to the Flag led by newly Appointed member to the town' s Environmental Advisory Council, Burke McCahill. Present were: Mayor Robert E. Sevila, Councilmembers: Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen, John W. Tolbert, Jr. and Howard M. Willis, Jr. Also present were Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor. Absent from the meeting was Councilmember Marylou Hill. On motion of Mr. Tolbert, seconded by Mr. Willis, the minutes of February 8, 1984 and February 22, 1984 meetings of the Town Council were unanimously approved as submitted. PETITIONERS: Rev. Kelchner was recognized by the Mayor. Mayor Sevila then read the following proclamation: PROCLAMATION By Joint Resolution of the Congress' in' 1952, the recognition of a • r- particular day set aside each year as a National Day of Prayer has become N ra part of our national tradition. Since that time each President has W proclaimed annually a National Day of Prayer, resuming a practice CO started by the Continental Congress in' 1775.. Ronald Reagan, President of the United States, has set aside Thursday, May 3, 1984 for this purpose. THEREFORE, I, ROBERT E. SEVILA, Mayor of Leesburg, recognize May 3, 1984 as a Day of Prayer in Leesburg; and encourage the ringing of chimes and bells in places of worship from 12 Noon til 12:05 p.m. to call on our citizens to spend those five minutes in prayer, each after his or her own manner, for peace and unity in the hearts of all mankind. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April, 1984. Reverend Kelchner then expressed his appreciation to the Mayor and Council for recognizing the Day of Prayer in Leesburg. This will be the 32nd such observance nationally. The theme for the National Day of Prayer Task Force this year is "Take Five at Twelve." He urged that the bells and chimes of the churches be rung for five minutes to call the citizens for unified prayer for our nation. Mayor Sevila then presented the proclamation to Rev. Kelschner. Mayor Sevila then recognized Steve Tiffany who addressed the Council on behalf of the Greater Leesburg Jaycees. Mr. Tiffany requested that the month of April be proclaimed "Sign—up America Month." This is a nationwide program in obtaining signatures supporting the United States Olympics--which if successful will result in the M & M Mars Corporation donating up to $250,000 to the United States Olympic teams on behalf of the United States Jaycees. Mayor Sevila then read the following proclamation: P RO.C 'LAMAT I ON • • • • WHEREAS, since the Summer Olympic Games, the most spectacular sporting,event in the world, will take place on American soil for the first time in 52 years; and • WHEREAS, the civic bodies and service organizations of our community, headed by the ,Greater Leesburg Jaycees and our local 'govern— ment, believe in and support our Olympic competitors competing in the XXXIII Olympiad in Los Angeles; and WHEREAS, the Greater Leesburg Jaycees are coordinating a "SIGN UP AMERICA" campaign as part of a. nationwide pledge of support for the United States Olympic'Team; and• ' WHEREAS, the Jaycees believe that the "brotherhood of man transcends the sovereignty of nations:" V M3NUTES OF April 11 , 1984 MEETING THEREFORE, I, ROBERT E. SEVILA, Mayor of Leesburg, do hereby pro- claim the month of April 1984 as "SIGN UP AMERICA MONTH" and urge all citizens of our community to give full regard to the services of the Greater Leesburg Jaycees. • On motion of Mr. Coffey, seconded by Mr. Tolbert, the proclamation was unanimously adopted. Mayor Sevila signed the proclamation and presented it to Mr. Tiffany. Mr. Jack Wallace was recognized by Mayor Sevila. Mr. Wallace identified himself to Council as a resident of Westgreen Subdivision. He voiced the problems he had encountered in trying to secure cable television service to his new home in this subdivision. He asked the Council's assistance in this subdivision and other new subdivisions in town. Mr. Niccolls stated that a report is being prepared with regard to this matter. Mayor Sevila asked that the report include a status report with regard to construction in the annexed area, specifically the Country Club area. PUBLIC HEARING A public hearing was held on the rezoning for #ZM-45, Leesburg Joint Venture. Mr. Steve Robin, attorney for the applicant, was recognized to speak for the application. He submitted a proffer statement to Mayor Sevila, dated April 11, 1984, signed by Mr. Kuchta. He had available a basic concept plan for the proposed Exeter Development showing the land requested for rezoning from R-1 to R-3. He informed the Council that a favorable recommendation has been made by the Planning Commission. The land consists of a total of 47 acres. ' A total of 289 townhouse units are proposed and that is within the R-3 zone density requirements. He stated that this is all to be tied in with the proposed planned development. He stated that they were moving forward with this in order to meet with market demands of this project for this building season. He stated that proposed Exeter Drive will be the basic access for people in this development. He stated that one of the proffers made is that Exeter Drive will exit unto the by-pass if allowed by V.D.H.& T. and further if a grade-separated interchange is required the applicant will cooperate to provide land for this type of interchange. If an access is not allowed to the by-pass as shown, their second choice of access will be Balls Bluff Road. Assisting Mr. Robin in his presentation was Joe Hughes, engineer for the project and Mr. Al Blumberg the land planner for the project. Mr. Robin stated that the applicant is aware that the land is located on a limestone conglomerate, and they have retained a soil analysis specialists who have completed the first round examination of this issue and have determined that this will not present a fundamental problem with construction. A second phase of investigation is now underway. Mr. Hughes stated that about 40 acres of flood plain area is pro- posed for use as an executive golf course (9 holes, mostly par threes). There was no one present to speak in opposition to this application. Upon request from Mayor Sevila, Marc Weiss summarized thestaff report prepared for this application. The public hearing closed at 8:25 p.m. PUBLIC HEARING A public hearing was held on renovation and additional construction of Fort Evans Apartments. Mr. Russell Rosenberger, Vice-President of the Milton Company--a real estate development company, the contract purchaser of Fort Evans Garden Apartments, addressed the Council on this matter. He introduced other members of this team present for this evening: Bob East, planning consultant and local contact; Dryfuss Brothers have been engaged to be the managing agent, and Barry Chandler and Bob Taggert were present representing Dryfuss. Also present was Joe Knowell, attorney expert on F.H.A. financing, and also David Goodman of Cranston Securities. The requested financing. are tax exempt bonds issued to finance the acquisition, development and rennovation of this property. The bonds would be issued and payable solely from the project. They would not impose any liability of obligation on the town, or the housing authority. All expenses relating to these bonds would be paid by the owner and developer of the property. This is not a program of subsidized housing-- there is no subsidy involved. It is a method of determining the interest rate for the project and because it is tax exempt the interest rate would be lower than in the conventional mortgage market. 20% of the units of the project would be restricted to families whose incomes do not exceed 80% of the median family income in the S.M.S.A. Additionally those units cannot be put in one area of the project. The Alexandria Housing Authority has been chosen to be the issuing MINUTES OF APRIL 11 , 1984 MEETING 77 authority because they impose the leastrestrictions and interference in terms of the towns and the owner and developer' s involvement. He stated that the real purpose and objective for seeking this type of financing is to permit them to do things and keep the rent at a lower level than• if a more conventional means of financing was to be used. The total renovation plan would be over {.five„years... The majority of the renovations .would • take. pl'ace•within the first Itwo to three years of this project. . He then outlined the planned renovations for the .project. He stated that this project is from 20 to 22 years old and' there some work that needs to be done. He stated that the project has a stable tennant population and they are hopeful of retaining that population. Mr. Gary.Chandler of Dryfuss Brothers stated that existing residents would not be faced with any substantial increase, assuming they could qualify for the higher rents. Hospitality units would be provided for temporary placement while renovations are being done. At this point the hearing was opened for.public comment. ,The following persons addressed the Council: 1. Nancy Mossburg, resident of Fort Evans, voiced concerns as to qualifications for the low income--and how the turnover would be handled for residents. 2. Burke McCahill, resident of Leesburg--stated concerns as to the overall N perception for that section of town--not just for density and if you use this W term low-income housing you run into the additional problem of the perception that this area of town might become a low income zone and he CO does not believe this should be expanded.. Does this really fill a need? Q Is this unit really in need of renovation? • 3. Jerry Pelkey--he stated his concerns for a possible loss of affordable housing. ,He also stated that there is not a wide range of income among the current residents--and questioned the need for a project of this type. He wasialso concerned •with the. need for•.the .tax free bonds. P4. Dorothy Helby, •resident of Ft. Evans--stated her concerns 'as totusing the Alexandria Housing Authority standards for income levels. .She also stated that this apartment complex was very satisfactory without a necessity for renovation. She asked if there will be a schedule for the renovations. jThe public hearing was closed at 9:32 p.m. Mayor Sevila moved to Council level for discussion. Mr. Willis asked if the Milton Company is planning to purchase this property if these bonds are not secured? The answer is yes. Mayor Sevila thanked the citizens for their participation. He requested .a staff report, particularly asking for information on the restrictions that Council might invoke. He stated that the matter will be taken up during a workshop session. He also stated that written comments would be accepted through Friday. . PUBLIC HEARING - AMENDMENTS•.TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Mayor Sevila opened this public hearing on Sections 13-527and 13-73 • of the, Subdivision and Land Development Regulations. Mr. Niccolls was asked to briefly outline the amendments. He explained that -the -first section was to rescind the one-mile subdivision jurisdiction in accordance with the annexation agreement. The second amendment is to require that vehicular access to those lots in a subdivision that abut a through collector street be provided by means •of a local collector street rather than by a private driveway to the through collector. There wasno one present to speak for or against these • amendments., The •hearing was closed atr9:42 p:m. • Mayor. Sevila declared a short recess. • COUNCILMEMBER,COMMENTS: , - . . Mr. Bos reported that the E.D.A.C. had met this morning.' He asked Marc . Weiss to comment on. EDAW' s report to the committee with regard to construction of the East Market Street corridor. He reported that two members of the Environmental Advisory Committee were present for tonight' s meeting. He briefly reported on the recent trip to England with regard to planning--he particularly mentioned how widely distributed their comprehensiveplan was •and':suggested that this might be something we should consider. 8MINUTES OF APRIL 11, 1984 MEETING Mr. Willis recognized Jennifer Goodwin of the Times Mirror, who is- leaving her position with the paper, and wished her well. • Mr. Coffey reported on the mock Council meeting held recently at Loudoun County High School--commenting favorably on the student participation at this meeting. He further reported that the Town Plan Task Force had met• the previous evening, and that hopefully this might have been the final meeting in that most items in the Plan have been resolved with a few exceptions that are being passed on. Mr. Tolbert stated his appreciation for serving as Mayor during his absence. He repoited that the Airport project is moving along at this• time. MAYOR' S REPORT For the record, Mayor Sevila presented the following proclamation that had been presented earlier in the week: PROCLAMATION WHEREAS, one of the most precious rights Americans enjoy is the right to own, use or transfer real property; and WHEREAS, we must guard against taking for granted the rights that come with home ownership; and WHEREAS, the Loudoun County Board of Realtors will sponsor a week of community-oriented programs and activities designed to call attention to Americans' right to own real property: THEREFORE, I, ROBERT E. SEVILA, Mayor of Leesburg, proclaim April 8- 24, 1984 as PRIVATE PROPERTY WEEK and urge local citizens to join with realtors and realtor-associates nationwide in marking this observance. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of • ' April 1984. Mayor Sevila further reported that on Monday, in Washington, there was a meeting regarding the Balls Bluff Park designation as a National Historic Landmark. The meeting took place with an advisory commission. He stated that at the conclu- sion of the meeting Balls Bluff was nominated as a historic site. He informed Council that this is a major hurdle in having the park named. He also commented positively on the student government day at Loudoun County High School. He thanked the staff for their assistance in this project--stating that this was a meaningful exercise for the participants. The Mayor reported that because of the programs success another program will be scheduled for the coming year. The Mayor reported the questions concerning a connection of Marshall Drive to the Exeter, Section II property. The Mayor proposed that this matter be considered at a workshop and that the Planning Commission be informed of this intent. He also asked for a staff report on the use of the proposed adjoining tract, the use of Marshall Drive, the 1981 proffers and the staff' s view on these proffers with regard to the town' s transportation plan. He briefly reported on the trip to England. He also recognized Jennifer Goodwin' s last evening with the Council and wished her -success in her new •position. MANAGER' S REPORT: Mr. Niccolls briefly reviewed the personnel matters covered in the activity report--particularly the police promotions. He reported on the Industrial Development Progressive Tours arrangements being led by the County's Economic Development Department--reporting that Jeff Minor will be handling the primary town arrangement' s during Mr. Weiss' s absence. Mr. Niccolls called the Council' s attention to the sample wall panels that will be used at the Airport. The 84-85 budget was presented to the Council, Mr. Niccolls pointed our that_ the new budget does reflect a tax increase, but that increased utility rates will not be required. He briefly highlighted other information from the Activity Report and specifically asked Council to review the draft refuse contract. Mr. Bos moved that items 10a, lOb, 10c, 10e, 10f and 10 g be considered as consent items. This motion was seconded by Mr. Tolbert. MINUTES OF APRIL 11, 1984 MEETING - 79 84-0-13 - ORDINANCE AMENDING SECTION10=131 OF .THE-TOWN CODE WHEREAS, an engineering and traffic investigation has been conducted by the town which substantiates the need to adjust speed limits on East Market Street. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 10-131 of the Town Code is amended to read as follows: Section 10-131 . Speed Limits The maximum speed limits on streets within- town shall be 25 miles per hour; or as prescribed in this section, andno person' shall drive a motor vehicle in excess of suchlmaximum"limits: Upon the following streets within the town, between the points hereinafter indicated, the maximum speed' limit shall be' the speed hereinafter indicated and no person shall drive a motor vehicle between such points in excess of such maximum speed limit: (a) King Street: 55 miles per hour from Balls Bluff Road to' 500 N feet north of the 1983 corporate limits. en (b) King Street: 35 miles per hour from 500 feet north of the 1983 Q corporate' limits ' to the 1983' corporate limits. (c) King Street: 35 miles per haur' fr'om First Street to Governor' s Drive. - - - - (d) King Street: 45 miles per hour from Governor' s Drive to Country Club Drive (e) Edwards Ferry Road: 35 miles per hour from'Plaza Street to the east corporate limits. • (g) Market Street: 55 miles per hour from the east- corporate limits to 600' 'feet'east of Lawson Road. ' (h) Market Street: 45 miles per hour from 600 feet east of Lawson Road to Route 15 by-pass (north entrance). (i) Market Street: 35 miles per hour from Route 15 by-pass (north entrance- to 1000 feet east of Fort Evans Road. (j) -Evergreen Mill Road: 35 miles per hour. (k)'"Masons Lane: 35 miles per hour from South King Street to Ever- green Mill Road. (1)' Long Lane: 35 miles per hour from Evergreen Mill Road to 1000 feet east of Evergreen Mill Road' intersection. (m) Long Lane: 45 miles per hour 'from'-1000 feet east of Evergreen Mill Road intersection to Sycolin Road. (n) Lawson Road: 35 miles per hour from Sycolin Road to 1200 feet east of Sycolin Road. (o) Sycolin Road: 45 miles• per hour from the Route 15 by-pass to the south corporate limits. • (p) Route 15 and Route 7 by-pass: 55 miles. per hour exclusive of access ramps. SECTION II. The manager shall clearly indicate by markers or signs the maximum speed limits established by this ordinance. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed l 8 o `MINUTES OF APRIL 11, 1984 MEETING SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and markers indicating the maximum speed limits estab- lished herein. • 84-52 - RESOLUTION - COMMENTING ON THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION' S PROPOSED DISTRIBUTION OF ROAD CONSTRUCTION FOR FISCAL YEAR 1985. WHEREAS, the Virginia Department of Highways and Transportation will con- duct a public hearing on April 13, 1984 for the Culpeper construction district concerning the allocation of road construction funds .and•public transit aid for fiscal year 1984; and WHEREAS, Leesburg' s area was increased by' approximately- seven square- miles and its population increased by approximately 1500 effective January 1 , 1984, and proposed developments in and around Leesburg will require con- struction and upgrading of urban arterials; and WHEREAS, the town is considering a comprehensive plan for highways and transportation and has received recommendations from the department as part of its thoroughfare planning work: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. The Virginia Department of Highways and Transportation is re- quested to maintain the balance of approximately $300,000 previously allocated for Project No. 007-253-103 (West Market - Loudoun one-way pair) • and $200,000 previously allocated for Project No. 007-253-102 (East Market Street project) for future urban arterial road construction in Leesburg. SECTION II. The department is further requested to accrue funds for urban arterial road construction within the town based on the town' s needs which will be more detailed when the comprehensive transportation plan has been completed. 1111 SECTION III. The manager shall forward this resolution to the highway department to be included in the record of the public hearing. 84-53 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING FOR. VACATION OF PORTION OF UNIMPROVED 2ND STREET IN WAVERLY HEIGHTS SUB- DIVISION WHEREAS, an application by Harry J. Kaiser, Trustee, has been submitted for vacation of a portion of unimproved 2nd Street in the Town of Leesburg, being 30 feet in width and 213.04 feet in length and located between Lots 64 and 53 and Lots 93 and 94 of Waverly Heights Subdivision, as shown on the boundary survey of Waverly Heights dated- June 1983 and revised July 14, 1983 by DeLashmutt Associates, CLS; and WHEREAS, the applicant requests that a hearing be held by the Council of the Town of Leesburg on said vacation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in• Virginia as follows: The Clerk of the Council is directed to publish a notice of intention to vacate the above described street, pursuant to Section 15. 1-364 of the 1950 Code of Virginia, as amended, in the Loudoun Times-Mirror on April 19, 1984 and April 26, 1984, for public hearing on May 9, 1984 at 7 :30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. 84-54 - RESOLUTION - AUTHORIZING AN EASEMENT TO C & P TELEPHONE COMPANY FOR FACILITIES TO SERVE THE AUTOMATED FLIGHT SERVICE STATION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute easement agreements with C & P Telephone Company of Virginia which are necessary to install communications facilities for the Automated Flight Service Station. of I MINUTES OF APRIL 11 , 1984 MEETING 8 1 84-5.5 - RESOLUTION - ACCEPTING WATER, SANITARY SEWER AND PEDESTRIAN WALKWAY ' EASEMENTS FOR THE PLAZA VILLAGE CONDOMINIUMS I WHEREAS, the Planning Commission approved the preliminary and final development plans for the Plaza Village Condominiums on February 2, 1984 and March 15, 1984 respectively; and WHEREAS, Council authorized an agreement, approved a performance guarantee for installation of public improvements and approved water I and sewer extension permits for Plaza Village Condominiums on March 14, 1984; and WHEREAS, easements are necessary for the water and sewer facilities and walkway easement from east of the Plaza Village Condominiums to Plaza Street: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The watermain, storm sewer and pedestrian walkway easements dated Cr March 20, 1984 by and between Edward F. Younger, III and Lewis J. Marin r- and the Town of Leesburg are hereby accepted conditioned upon completion N of the public improvements as outlined in the contract approved by W council March 14, 1984 and the manager shall execute the agreements on C1:1 behalf of the town. Q The consent motion was unanimously adopted. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-56 - RESOLUTION - CONSENTING TO VACATION OF LOTS 5, 6, 7 and 8 AND OF EAST FENTON AND SOUTH SPENCER STREETS IN WOODBURY DOWNS SUBDIVISION IOn motion of Mr. Coffey, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, Solomon Feldman was the owner of a parcel of land which was platted and shown on a plat recorded in Deed Book 1 at Page 95 in the Circuit Court of Loudoun County, Virginia, which plat purported to sub- divide and dedicate Lots 1 through 8, inclusive, Woodbury Downs, in- cluding the dedication therein of East Fenton Street and South Spencer Street, all as shown on the said plat; and WHEREAS, the said Solomon Feldman did not sign the plat but, since the date of the recordation of the same, Feldman has treated the property as subdivided and conveyed off certain portions of the property as if it was an approved subdivision; and WHEREAS, Feldman, Edward J. Finnegan, Elizabeth D. Whiting and Lucille E. Barnes are now the owners of all of the lots shown on the said plat, and Glenn C. Baker, Betty M. Baker, Kenneth K. Mullins and Betty V. Mullins are the owners of a portion of the property lying in South Spencer Street;. and WHEREAS, all of the parties hereinbefore mentioned have treated the property as a de facto subdivison; and I WHEREAS, Feldman desires to vacate Lots 5, 6, 7 and 8, Woodbury Downs; and WHEREAS, Feldman, Finnegan, Whiting, Barnes, Baker and Mullins all desire to vacate all of East Fenton Street and South Spencer Street, as shown on the plat recorded in Plat Book 1, at Page 95 in the Circuit Court of Loudoun County, Virginia; and WHEREAS, it is the desire of the parties that the fee simple title to all of the land lying in East Fenton Street shall, upon the adoption of this resolution and the recordation of the Deed of Vacation executed by the partiessdated the 10th day of February, 1984, revert to Feldman, and that 1 . 82MINUTES OF APRIL 11 , 1984 MEETING . - the fee simple title to all the property lying in South Spencer Street as shown on the said plat, upon the execution of this agreement shall revert to Feldman, with the exception of the portion of South Spencer Street previously conveyed by Feldman to Bakers' and Mullinses' predecessors in title; and _ WHEREAS, the Town of Leesburg a body .politic, has been requested to adopt this resolution and consent to the vacation of Lots 5, 6, 7 and 8, Woodbury Downs, and to the vacation of East Fenton Street and South Spencer Street, in accordance with the provisions of Section '15. 1-484 of the 1950 Code of Virginia, as amended; and WHEREAS, while it is questionable whether or not such consent is necessary in order to vacate a subdivision plat which has no statutory validity, the Council is willing to consent to such vacation in order to help resolve the title problems which have been raised because of the presence of the plat among the land records for Loudoun County and for no other reason, and such consent shall not be construed to impose on the town any responsibilities which might have arisen if the plat had been a legally approved plat: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council does hereby consent to the vacation of Lots 5, 6, 7 and 8, Woodbury Downs, and to the vacation of East Fenton Street and South Spencer Street in accordance with the provisions of Section 15.1-484 of the 1950 Code of Virginia, as amended, and hereby authorizes the town manager to execute a Deed of Vacation for the same, to be recorded among the land records of Loudoun County, Virginia. The resolution was unanimously adopted. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-57 - RESOLUTION - EXTENSION OF CONTRACT FOR PUBLIC IMPROVEMENTS., PERFORMANCE GUARANTEE AND TIME FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR THE SOUTHGATE II DEVELOPMENT On motion of Mr. Coffey, seconded by Mr. Willis the following resolution was proposed. WHEREAS, Council Resolution 83-46 authorized an agreement for installation of public improvements for the Southgate II development which required the improvements to be completed on or before March 23, 1984; and WHEREAS, the developer has requested an extension of time for. the comple- tion of the public improvements until September 1 , 1984' THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The contract for public improvements and performance guarantee for installation of public improvements for the Southgate II development is extended until September 1, 1984 subject to submittal and review and approval by the town attorney of an amendment extending the Sovran Bank' s (successor to First and Merchants National Bank) irrevocable letter of credit No. FM-3541 dated April 4, 1283 to September 1, 1984. The resolution was unanimously adopted. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-58 - RESOLUTION - ESTABLISHING JUST COMPENSATION AUTHORIZING ACQUISITION OF AN AVIGATION EASEMENT FOR LEESBURG AIRPORT'S OBSTRUCTION REMOVAL PROJECT AND REPEALING RESOLUTION NO. 84-48. On motion of Mr. Tolbert, seconded by Mr. Bos the following resolution was proposed. MINUTES OF APRIL 11 , 1984 83 11 WHEREAS, an appraisal performed by Shell and Associates, Inc. of Manassas, • Virginia concludes the value of the avigation easement required for the airport obstruction removal project to be $3800 which is equal to the value of the timber taken and the value loss in land due to the easement (assuming the tree stumps remain and seeding is reduced); THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. The manager, as required by Title 25, Chapter 6, Article 3 of the Code of Virgnia 1950, as amended, shall certify just compensation of $3800 as determined from an appraisal and review appraisal for the property of Mrs. Mary Jane Miller (record owner) and Richlynn Development Inc. (contract purchaser) as shown on a plat prepared by Ross and France, Ltd. dated November 17, 1983 to be acquired by the town for compliance with Part 77 Federal Aviation Administration requirements. SECTION II. The manager shall accept on behalf of the town the 9.2545 acre avigation easement, in a form approved by the town attorney, from land owned by Mrs. Mary Jane Miller (record owner) and Richlynn Develop- ment, Inc. (contract purchaser), as shown on a plat prepared by Ross and 91- France, Ltd. dated November 17, 1983, at a price not to exceed $3800. N SECTION III. Resolution No. 84-48 is repealed. This resolution was unanimously adopted. CO Q Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-59 - RESOLUTION - MAKING AN APPROPRIATION On motion of Mr. Willis, seconded by Mr. Coffey, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the Airport Capital Project Fund un- appropriated fund balance to account number 8300.709, Environmental Assessment Report, in the amount of $300 to remain in effect until the project is complete. The resolution was unanimously adopted. Aye: Councilmembers Bos, Coffey,m Gheen, Tolbert, . Willis and Mayor Sevila. Nay: None. Councilmember Bos commented on the need for a more detailed review of the newly submitted Capital Improvements Program. It was decided to wait for the Planning Commission' s recommendations for starting the review. The meeting adjourned at 10:46 p.m. Robert E. Sevila, Mayor Town of Leesburg ATTEST: _ ,P /moi, Acting • erk of Council