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