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HomeMy Public PortalAbout1988_10_25107, MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, OCTOBER 25, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on October 25, 1988, at 7:30 p.m. The meeting was called to order by Mayor Robert E. Sevila with the invocation led by Mr. Tolbert, and the Salute to the Flag led by Mrs. Christine Forester. Present were Mayor Robert E. Sevila, Councilmembers James E. Clem, Mrs. Christine M. Forester, Mr. Donald A. Kimball, Mr. Claxton E. Lovin, Mr. William P. Mulokey and Mr. John W. Tolbert, Jr. Staff members present were Town Manager Jeffrey H. Minor, Director of Engineering and Public Works Thomas A. Mason, Director of Finance Paul York, Assistant Director of Planning, Zoning and Development Jay A. Hicks, Planner Sally Vecchio, Planner Peter Stephenson and Town Attorney George Martin. Planning Commissioners present were Marvin Belles, Carl R. Johnson, Ann Darling, Mervin Jackson and William W. Webb. On a motion by Mr. Clem, seconded by Mr. Tolbert it was recommended that the minutes of the August 9, 1988 and September 27, 1988 regular Council meeting be approved as submitted. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay. None. Petitioners Mayor Sevila called for petitioners to come forward. There were none. Mayor Sevila then spoke of the scheduled item - Proclamation of Physical Therapy Week. Mayor Sevila had the opportunity to appear at Loudoun Memorial Hospital for the hospital's kick off campaign for the American Physical Therapy Week. He was asked to sign a proclamation. The proclamation reads as follows: PROCLAMATION WHEREAS, the American Physical Therapy Association is observing the National Physical Therapy Week entitled Physical Therapy Sharing the Challenge. An observation of this week is calling special attention to the contribution of physical therapy toward improving the quality of life for disabled, ill and able bodied Americans of all ages; and WHEREAS, the goals of the Rehab Services Department of Loudoun Hospital Center are to achieve better lives for our disabled citizens and to promote preventative measures to keep health citizens whole through improvement of education, practice and research; and WHEREAS, the Loudoun Hospital Center plays an integral role in continued efforts to assist disabled citizens and holds steadfastly to its commitment to secure better health for all of our citizens: THEREFORE, I Robert E. Sevila, Mayor of the Town of Leesburg in Virginia do hereby proclaim the dates of October 23 through October 29, 1988 as Physical Therapy Week in Leesburg, Virginia and urge all public officials and private citizens to join with the physical therapy profession to secure better care for all its citizens. In witness whereof, I have hereunto set my hand and caused the seal of the Town of Leesburg to be affixed this 25th day of October 1988. Mr. Minor addressed the Council presenting a staff report. He stated that the legislation which is the subject of the public hearing was prepared by the town's Bond Counsel in Richmond and basically amends the prior ordinance that established the Council's decision to borrow over 2 issues a total of $10 million to be dedicated to a number of projects. Among those are: Ida Lee Park, which includes an indoor pool and gymnasium; Municipal Government Center, which includes a parking structure; the new Public Works Facility and the Phase VI Storm Drainage Project. Mr. Minor stated that when the issue of the purchase and restoration of Dodona Manor came up, amendment to the bond ordinance became the obvious choice for financing. If the Council elects, legislation shall be amended to include the purchase of Dodona Manor. He explained two other sources of funds for the financing; the first being a real estate rate increase of 1 cent, a 1 cent tax increase would generate approximately $100,000.00, which would retire the debt service of the $1 million over IE a 20 year period. The second alternative is the Board of Supervisors' decision to add a 4 percent meals tax Mr. Minor went on to say that Leesburg has had a 2 percent meals tax in place for over a year and it has been a very successful tax It has collected well over a half million dollars for the Town of Leesburg. Mr. Minor stated that if the Board of Supervisors enact this meals tax, it will not take effect in Leesburg until the Council in Leesburg votes for it. Mayor Sevila asked Mr. Minor to explain briefly the actual resolution which pledges the funds.. Mr. Minor noted the legislation which pledges $1 million to Dodona Manor states that the purchase price for Dodona Manor is $3,891,203.00 which includes land and improvements (building). The owners will donate the improvements to the town, which have an appraised value of $482,000.00. The purchase price, rounded down, Mr. Minor said would be $3,409,00.00. He said the Council would pledge $1 million and will work and encourage a fund raising committee to try and raise the balance required for Dodona Manor. Once the balance is achieved, and the bond proceeds together with the raised money and some utility funds, Council will then appropriate the transfer of the money to go to settlement and acquire Dodona Manor. Mr. Minor stated that $409,000.00 of Utility Funds would be advanced by Council to add to the $1 million. This money would be repaid to the Utility Fund after the purchase of Dodona Manor. Mayor Sevila stated that in February 1988 the town learned of the sale of Dodona Manor. In early April, the town appointed an adhoc committee to study the prospect of the purchase of Dodona Manor and to investigate the availability of funds from all sources, State, Federal, public and private contributions, etc. Mayor Sevila then asked Mr. B. Powell Harrison, Chairman of the committee to give the committee's report on its recommendation to the Council Mr. Harrison addressed the Council by reading a letter of February 15, 1988 addressed to the Mayor and Council of Leesburg from the George C. Marshall Foundation. The letter reads as follows: Gentlemen The Dodona Manor between Edwards Ferry Road and Market Street in Leesburg was the only place in the United States that General and Mrs. Marshall considered their home. It assumed a special place in their lives ever since its purchase in 1941 as did the city in which it is located. Consequently Dodona Manor is historically associated with this great citizen statesman of our century as are homes of other leaders of our country such as Mt. Vernon with Washington, Monticello with Jefferson and Hermitage with Jackson and Stratford Hall with Robert E. Lee. The Marshall Foundation believes and hopes that the city of Leesburg agrees that the future of Dodona Manor is important both in honoring General Marshall personally and in playing a part in recognizing his service to our Nation. The foundation understands that the present owner Mrs. Molly Winn, the step -daughter of General Marshall, may be required for reasons of health to consider disposing of the property in the near future. We strongly believe that its purchase to make way for commercial development would be an immeasurable loss, both to the nation as a whole and to the city of Leesburg in particular. By contrast we believe that its preservation, restoration and development as a continuing memorial to General Marshall will be of long term importance to the reputation of General Marshall as one of the century's great leaders and, more specifically, to the advantage of Leesburg as a tourist attraction, a center for conferences and an adornment to the historic center of the city. The possible sale of Dodona Manor thus presents a major opportunity to you, the leaders of Leesburg, to assure for the city the continued existence of this historic home. The Marshall Foundation strongly urges that the city consider purchasing this property. For its part the foundation would be prepared to assist the city in plans to preserve the property and adapt it to uses which would honor General Marshall and commemorate his residence in Leesburg. Trustees of the foundation will be most happy to discuss this possibility with you and to lend you all possible support on behalf of the proposal. Our confidence that such action will both benefit you and the nation leads us to express the strongest hope that the City of Leesburg can cease the Opportunity 'presented by the impending sale of this property and our understanding of the current situation adds urgency to consideration of this action. Mr. Harrison then introduced all members of the committee. Mr. Charles Bos, Mayor Sevila, Mrs. Boyd, Joe Keating, Eric Jackson, Nester Sanchez. Mr. Harrison introduced Mr. Royster Lyle, with the Marshall Foundation in Lexington, to comment on the life of Dodona Manor as it was in existence when General Marshall was living there. Mr. Lyle showed'a few slides of the archives from the Marshall Foundation in Lexington, having to do with General Marshall's stay at Dodona Manor from 1941 until his death at Dodona Manor. Mr. Lyle stated that the Town of Leesburg was very fortunate to have General Marshall's home in Leesburg. Mr. Harrison spoke on the importance of the historic preservation of Dodona Manor and introduced Calder Loth, Deputy Director of the Virginia Division of Historic Landmarks. Mr. Loth 6-4 1 1 1 109 Minutes of the October 25, 1988 regular Town Council meeting - page 3 congratulated the Town of Leesburg in the exciting challenge of securing the preservation of Dodona Manor. He stated that Dodona Manor is not a landmark and has no official status at this point but feels this issue should be addressed. He stated the process of having this property listed on the Virginia Landmarks Register should begin immediately. More importantly, this property has national significance and he is working with the National Parks Service to have Dodona Manor declared a national historic landmark, the highest category a historic property can be placed in, in America. Mr. Loth has already contacted officials with the National Park Service and they feel this is something worth pursuing. There is no question of General Marshall's importance on American and World history, this is the property associated with the years that General Marshall had an effect on history, ' and it is the property that really stands for General Marshal This will place Dodona Manor in exactly the same category of national significance as Mt. Vernon, Monticello, etc. Mr. Loth added that as far as preserving a home like the Dodona Manor, all of General Marshall's furnishings are still there, the memorabilia, the plants that General Marshall planted are still here. Mr. Loth noted the economic benefits, the tourist potential is very important to Leesburg, many people will visit Leesburg to see the home of General Marshall. He closed by stating the Virginia Division of Historic Landmarks is behind the Town of Leesburg in this effort and will give the town all the support they can. Mr. Harrison then showed a film of General Marshall - Mayor Sevila read a letter dated October 25, 1988 from the Colonial Williamsburg Foundation Office of the President. The letter reads as follows: Dear Mayor Sevila: At the invitation of Powell Harrison, I am writing to you with a few thoughts about the possible purchase by the Town of Leesburg of Dodona Manor, the historic home of General George C. Marshall It would be my pleasure and preference to appear in person to express my thoughts and I would have made the trip gladly from Williamsburg, given the importance of the occasion and the subject but I have a long standing commitment in Boston this evening and I must be there instead of in Leesburg. ' One of the reasons I respond readily to Powell Harrison's request is my profound respect for his good judgement, his record of accomplishment in historic preservation, his obvious love for Leesburg and Loudoun County and his tireless efforts in behalf of the values that have contributed so centrally to making your town and the County beautiful and prosperous. When Powell Harrison undertakes a project you can count on successful outcome. From my knowledge of Dodona Manor, my conversation with Powell, and from my experience in historic preservation and tourism, I offer the following thoughts. I need say nothing to persuade you or the people of Leesburg of the significance of your town's history or of the general proposition that preservation of the significant elements of our past are vitally important to our sense of ourselves as a people. Whether in the context of the history of family, home, church, city, county or nation, that history is important to all of us is amply demonstrated by the rapid growth in the number of historic sites, museums, parks and homes in this country and the growing number of persons who visit and learn as a result. The number of museums in the world is growing at the rate of 2 percent per year or 10 percent every five years, an astounding statistic. Nor do I need to persuade you of the significance of George C. Marshall and his career of public service. His plan for european recovery stands as a major expression of american generosity, diplomacy and economic strategy and is one of the most significant events in our history to be so clearly identified with one man. All of -us in Virginia, where so much occurred that was pivotally important in the development of our nation and the spawning of its early leadership, have a stake in history, preservation and tourism. Those of us who dwell so pivotally in the eighteenth century would see an opportunity to represent the role of a prominent resident Virginian in the twentieth century as a welcome and significant ' opportunity, especially the house is from the early eighteen hundreds and associated with George Washington. Further, tourism pays. Several years ago we persuaded the city of Williamsburg to help support television advertising for Colonial Williamsburg. A recent study by economists at the college of William and Mary reveal that for every dollar that the city invests in advertising, $46 are spent in the City of Williamsburg by visitors coming to Colonial Williamsburg. There are few investments, legal or illegal that produce such a fine return. I have always been interested in the pride with which our Williamsburg neighbors refer to the historic significance of their city in the presence of Colonial Williamsburg. Complain as they do at times about the restrictions on our streets or the occasional parking problem, they are intensely aware that they associate with something bigger than themselves and of lasting value. ,t0 Minutes of the October 25, 1988 regular Town Council meeting - page 4 I know there is already much to be proud of in your town. I have seen that myself on occasional visits with my family when we bicycle through Loudoun County spending an occasional night at the Laurel Brigade Inn. I submit, however, that a substantial commitment of the town's monies and the completion of the opening of the Dodona Manor to the interested public will make a new and yet greater sense that Leesburg is an important and good place to live, a place where people care about the past as well as the future and have the wisdom to recognize that preservation and property make good bed fellows. In the long view of things, I believe that the funds now being asked of the town for assistance in the large undertaking you are considering will seem small compared to the achievement of preserving a part of the world's history in which Leesburg was such an important and contributing setting. To not have preserved the home of General George C. Marshall would seem an irretrievable loss to our understanding of a momentous part of American history and, I suggest, to the pride and well being of the Town of Leesburg. With all good wishes and high hopes for the outcome of your deliberations. Sincerely yours, Charles R. Wordsworth Mr. Harrison stated that the total amount of the property is $3,891,000.00 -the town will pay $1,900,000.00, the Commonwealth of Virginia is confident the Town could get $1 million, and the committee will undertake raising the balance of $509,000.00. He commented on the condition of the house and what the cost to restore the house to a reasonable condition would be. Mr. Nathaniel Neblit, an architect previously with the National Trust of Historic Preservation, was recommended to give a cost estimate. Mr. Neblit's estimate is approximately $325,000.00 to restore the home into reasonable condition. Mr. Neblit suggested an 80 car parking lot, complete new air conditioninglheating units, etc., making the total cost approximately $700,000.00. Mr. Harrison commented on the operation of the home once purchased by the Town of Leesburg. One suggestion is the Marshall Fund in Lexington, and the second is the National Trust for Historic Preservation. The cost for this is approximately $200,000.00 per year. He stated that the Committee feels they have developed a very workable arrangement to purchase this property to put Leesburg on the map for several generations to come. the job. Mayor Sevila thanked everyone for the ambitious undertaking, hard work and enthusiasm for , Ms. Evelyn Johnson of Bluemont, Virginia, representing the Preservation Society of Loudoun County, addressed the Council. She stated that members of the society long believed that building up the tourism industry in Loudoun is the way "to have the cake of Loudoun and be able to eat it too." She further stated that "acquiring the Marshall Estate would literally put Leesburg on the international map." Ms. Johnson noted that the Preservation Society has already committed to pledging some funds for the purchase of the property and that the town could count on the Preservation Society in helping with fund raising. Ms. Johnson urged Council to adopt the ordinance. Mr. Hubbard Turner, a resident of 1107 Bradfield Drive, S.W., Leesburg, addressed the Council giving his support in preserving Dodona Manor. Mr. John Feist, a resident of 416 South Bing Street in Leesburg and local businessman in Leesburg wished to express his desire to support the purchase of Dodona Manor. Mr. Mike Rich a resident of 313 Edwards Ferry Road in Leesburg, addressed the Council stating his support of the preservation of Dodona Manor. Mr. Rich believed this is a great opportunity and encouraged the town. Mr. Bob East. of Waterford, Virginia, representing the owner of the adjacent property, the Southern Exchange complex, as well as the contract owner of Market Station, Mr. Joe Ritenour, ' addressed the Council stating that these persons believe that the acquisition of Dodona Manor, properly presented and administered, would significantly add to the already impressive inventory of reasons for visiting the Leesburg area Mr. Norman Myers a local businessman, addressed the Council stating his concerns as a tax. payer, property owner and a business man. Mr. Myers does wish to see the Marshall Home restored, preserved and used as a Marshall Memorial He suggested following the success of the International Design Competition, as was done for the municipal government center/parking structure. He expressed no problem with using a portion of the $10 million bond money being raised for other uses to help assure the acquisition of the estate and does not have a problem with the raising of the tax rate by one or two cents per year, but feels by purchasing the entire estate and to bear the tax burden of carrying Minutes of the October 25, 1988 regular Town Council meeting - page 5 and maintaining the property for any length of time, may become a severe tax burden upon the town's property owners. He stated that he would like to see the Council consider all of the ramifications and hidden costs of the project before launching the town into another 4 to 6 million dollar capital expenditure. Mr. Terry Titus, a resident of 805 Wage Drive, Leesburg, addressed the Council stating that he has, as a child, had the opportunity to meet General Marshall and to have played with General Marshall's children. Mr. Titus applauds the efforts that the town needs to restore the property. Mr. Titus agreed with Mr. Myers in that there are some questions that should be looked into. Mr. Titus suggested placing the home on the National Register now, before purchasing it, to see what the value of it would be. Mr. Titus asked the Council to explore all areas. Mr. Ted Roach a resident of 314 Edwards Ferry Road, Leesburg addressed the Council Mr. Roach and his family have lived at this residence for 30 years and hope:Ythat the Marshall estate will be preserved. Mr. Charles Bos, a resident of 211 North King Street, addressed the Council stating two issues. The first is the general support of preserving the estate of General Marshall. The second issue is the funding issue. Mr. Bos feels the key issue is the town taking a leadership role and supports the legislation that has been presented. Ms. Liz Whit ine a resident of 241 Edwards Ferry Road, addressed the Council stating from a personal point of view, she would like to see this project happen, but also this is a matter of a much broader consequence and perspective. Ms. Whiting spoke in support of the proposition as a woman who as a young child lived in Germany for three years and the presence of General Marshall in Germany post World War II was huge. Ms. Whiting felt that a proper memorial to General Marshall's deed and spirit is extremely important and a tremendous opportunity for the Town to become part of a much more significant global community. Mr. William Rust, stated that people must work together to save one of the most important historic properties. Mr. Rust explained that he lived at the Marshall estate for two summers during the 1920'x. Mr. Rust agreed with Mr. Myers to have a plan to use all four acres of the estate. ' Mr. John Garrett a resident of 420 West Market, addressed the Council stating that he agreed with Mr. Bos and that the Town has the opportunity to take the leadership role and preserve something that a great American did. Mr. Garrett strongly endorsed the proposed legislation and encouraged citizens to have faith in Mr. Harrison and the Committee to raise the necessary funds. Mr. Ted Welti. a resident of 906 Marshall Drive is here tonight on behalf of his father Mr. George Weld of 229 Edwards Ferry Road, the property immediately adjacent to Dodona Manor on the east side. Mr. Welti has lived at this residence for 22 years. Mr. Welti supports the preservation of Dodona Manor and the Town Council's efforts to pursue this goal. Mrs. Carr. of Fort Evans Farm addressed the Council and spoke in support of the preservation of Dodona Manor. Mrs. Carr's grandson, Lawrence Steif, then spoke in support of the preservation of Dodona Manor. Mr. Rick Steif a resident of Waterford Virginia spoke on the roots, continuity and vision for the preservation of Dodona Manor. Mrs. Cheryl Welsh, a resident of 18a North Street addressed the Council in opposition of Dodona Manor possibly becoming an office park. Mrs. Welsh strongly supports the preservation of Dodona Manor. Mr. Leonard McDonald questioned the figures. on the survey which was published in the Lamplighter. Mr. Minor stated as of September 1988 there were 121 responses, 7.5% support with no tax increase, 17.5% support even with a tax increase, 27% suggest no use of town funds but should include the Manor in the historic district and 48% support no town funds or inclusion in the historic district. Mr. McDonald stated that there are a lot of citizens who are not able to attend the meeting tonight. Mr. McDonald is not opposed to the preservation of Dodona Manor, however, he does have a problem with the bond issue, passed by the previous Council, which was not put to a referendum, where the voters could have had a decision on the bond issue. Mr. McDonald urged the Council to move cautiously before approving the legislation. Ms. Catherine Bovd representing the Loudoun Restoration and Preservation Society, gave support to the preservation of the Marshall Fund. Mayor Sevila at this point read a letter from retired Admiral James R. Dudley: It reads as follows: iu Minutes of the October 25, 1988 regular Town Council meeting - page 6 To Robert E. Sevila, Mayor, Town of Leesburg Dear Sir: RE: Dodona Manor Please use your influence to preserve the property in the public domain. Leesburg to my knowledge has a unique attractiveness because of things like Dodona Manor as it passes from residential status does avoid error such as Mr. Claude Moore made with his farm at Sterling. Respectively, Mr. James R. Dudley. Councilmember Kimball then read a different letter written by Admiral Dudley. As one of the long-term 34 years residents of Leesburg, I have seen many changes. One thing about Leesburg is it's attractiveness due it's historical inheritance. Dodona, the courthouse, August Court Days, Union Cemetery many such give Leesburg its uniqueness. Let us not lose Dodona Manor to commercial ventures by stinginess. Please help keep Dodona Manor in the public domain Respectively, James R. Dudley Councilmember Tolbert then read a different letter written by Admiral Dudley. You are now aware of the attractiveness of Leesburg because of its historical treasures, Dodona Manor is one of them. Lets insure that it stays in the public domain Our purchase if necessary. Let us preserve our -inheritance from the commercial exploitation Respectively, James R. Dudley Councilmember Mulokev then read a different letter written by Admiral Dudley. First please accept my congratulations on your being appointed to the Council. I admire your acceptance of responsibility. Leesburg is renowned as a good place to live is enhanced by many of its historical heritage items. Dodona Manor is such. As it seizes to be a residential property please help to keep it as one of those items. I hope it can become part of Leesburg's public domain Yes, we will have to pay for it, but its value once lost cannot be regained. Respectively, James R. Dudley Councilmember Christine Forester then read a different letter written by Mr. Dudley. Although we are not well acquainted, I respect you and congratulate you in your position of trust. Many of my friends and I are happy to be Leesburg's residents because of its many historical treasures. I include Dodona Manor. I remember well when General Marshall lived there. As one of our inherited treasures. Please do not allow that treasure to become a commercial venture. We know tax rates will change as they have in the past. Thank you. Respectively, James R. Dudley Mayor Sevila then read a letter dated October 24, 1988 from Reverend Alfred B. Seccombe and Elizabeth W. Seccombe. It reads as follows: We the undersigned are very concerned about the possible loss of Dodona Manor to commercial development. As an old and historic house as well as the former home of General George C. Marshall, we hope you will make every effort to preserve it as a memorial to General Marshall and also include the property in the historic district of Leesburg. Further, we are in favor of using town funds from the recent bond issue to assist in the purchase. Sincerely, Mr. and Mrs. Seccombe Mayor Sevila then asked for any comments, discussion or proposed action on the subject. J 1 F4 Minutes of the October 25, 1988 regular Town Council meeting - page 7 Mr. Mulokev considers the preservation of Dodona Manor to be a duty as citizens of Leesburg have to the future generations. Mr. Mulokey also stated that we have the responsibility to the citizens not to spend town funds on something that could be excessively risky. Mr. Lavin expressed his appreciation to everyone at the public hearing and supports a lot of the comments that were made at the hearing. Mr. Lavin stated that he is sensitive to the views made by Mr. Titus, Mr. Myers and Mr. McDonald. Mr. Lovin supports the legislation for the preservation of Dodona Manor. Mrs. Forester stated that she has received several phone calls regarding this issue, one from Mr. and Mrs. Cole who strongly oppose the issue and a letter from Mrs. Hawk who also strongly opposes any use of tax payers funds, a phone call from Mr. and Mrs. Reinhardt of Edwards Ferry Road who strongly support the preservation of Dodona Manor and Mr. and Mrs. Lininger of Edwards Ferry Road who also support this issue. Mrs. Forester stated that she has been the most negative member of the Council in terms of discussions of the preservation of Dodona Manor. Mrs. Forester stated that she has thrown several obstacles at Mr. Harrison and has now been convinced that this is a worthy cause. Mrs. Forester moved that the Council go ahead with the legislation. On motion by Mrs. Forester seconded by Mr. Tolbert the following ordinance was proposed. WHEREAS, the Town Council ("Council') of the Town of Leesburg in Virginia ( Town") adopted Ordinance Number 87-0-27 ("Bond Ordinance') on October 14, 1987 authorizing the issuance of not to exceed ten million dollars general obligation bonds of the town to finance the acquisition, construction, equipping and improvement of various public improvements including a municipal government center and parking complex, an aquatic center and gymnasium a public works complex and the Phase VI storm drainage project; and WHEREAS, the town issued its $5 million dollar general obligation public improvement bond Series 1987 ("Series 1987 Bonds) pursuant to the bond ordinance; and WHEREAS, the town issued its $5 million dollar general obligation public improvements bond Series 1988 pursuant to the bond ordinance in resolution number 88-93 adopted May 11, 1988 ('Bond Resolution"); and WHEREAS, the Town Council has determined that it is desireable to finance the acquisition of certain real estate and improvements thereon known as Dodona Manor to be used as an historic site and museum. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The bond ordinance and the bond resolution are hereby amended to authorize the use of proceeds of the Series 1987 bond and the Series 1988 bond as follows: Purchase of Dodona Manor Municipal Government Center/Parking Complex Aquatic center/gymnasium Public Works Complex Phase VI Storm Drainage Project 1,000,000.00 3,397,000.00 4,039,000.00 1,000,000.00 564.000.00 Any amount not necessary for a particular project may $10,000,000.00 be allocated to other projects listed above. SECTION II. The appropriate officers and agents of the town are authorized and directed to take such further action as they deem necessary to implement the amendment setforth in this ordinance and all such actions previously taken are hereby ratified and confirmed SECTION M. Except as amended by this ordinance the bond ordinance, the bond resolution shall remain in full force and effect. SECTION IV. This ordinance shall take effect immediately. Mayor Sevila stated that he was extremely grateful and overwhelmed by the outpouring of support by the citizens of the town for this project. He stated that it was the town's desire to hear from the citizens of'the project and its worthiness. Mayor Sevila stated that it is more than apparent that the citizens do support the project. Mayor Sevila stated that many of the things that Mr. Myers stated have been considered by the town, but the Council has decided as a fust step that the most 114 Minutes of the October 25, 1988 regular Town Council meeting - page 8 preferable way to approach this is to keep it, in its pristine 3.8 acre condition. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: Mr. Clem stated that he was in favor of the preservation but not in favor of the bond resolution change. 88- 198 RESOLUTION - PLEDGING MUNICIPAL FUNDS TO ASSIST WITH THE PURCHASE OF DODONA MANOR On motion by Mr. Tolbert seconded by Mr. Mulokey the following resolution was proposed,- WHEREAS, roposed:WHEREAS, the former home of General George C. Marshall hereinafter referred to as Dodona Manor represents one of the town's premier historic architectural and environmental resources; and WHEREAS, Dodona Manor through its preservation will form a sensitive linkage between the residential character of Edwards Ferry Road and commercial uses of downtown Leesburg enhancing the gateway to Leesburg's historic district; and WHEREAS, significant development interest has surfaced in the purchase and commercial development of Dodona Manor which would severely diminish the public value of this resource and preclude any future potential preservation and public use of Dodona Manor; and WHEREAS, in April of 1988 pre -aided the Adhoc Dodona Manor Preservation Committee and that Committee working with the George C. Marshall Foundation has recommended the town purchase Dodona Manor with funds derived from the town government, private sources and future grants from the National Endowment for the Arts and the Virginia Historic Landmarks Commission; and WHEREAS, this Council has fostered public debt debate concerning the town's role in the purchase, preservation and use of Dodona Manor through a series of news releases, the Lamplighter and a public hearing; and WHEREAS, Ordinance NUmber 88-035 adopted October 25, 1988 authorizes the use of up to $1 million in previously issued general obligation bond funds to purchase Dodona Manor; and WHEREAS, the land and improvements were appraised at $3,891,203.00 by David C. LeRoy-, :.. WHEREAS, the present owners desire to donate the appraised value of the improvements setforth at $482,000.00 in the appraisal; and WHEREAS, this reduces the net purchase price to $3,409,000.00; and WHEREAS, this Council wishes to also make available $409;000.00 in Utility Funds towards the purchase of this property, conditioned on the full repayment to i he Utility Fund from the future proceeds of the Dodona Manor fund raising campaign THEREFORE, RESOLVED by the Council of the Town of 1;eesburg in Virginia as follows: SECTION I. The Town of Leesburg hereby agrees to make payment in the amount of $1 million from its previously issued general obligation bond funds puisuant to Ordinance Number 88- 035 as well as $409,000.00 from its Utility Fund toward the purchase of Dodona Manor under fee simple ownership of the Town of Leesburg subject to the following conditions: EL The conveyance of these funds to the present owners lof Dodona Manor and settlement thereon shall occur at the time the balance of the purchase price is collected and made available to the Town of Leesburg. b. All funds received through this committee or other fund raising mechanisms authorized to benefit Dodona Manor in excess of the balance needed to meet the purchase price shall be paid forthwith to the Town of Leesburg to reimburse the Utility Fund in the principal amount of $409,000.00. C. The ad hoc fund raising committee shall submit a monthly narrative report and accounting of budgets to the town manager's office. SECTION 11. This financial commitment shall be reevaluated six months from the passage of this resolution or sooner if changed conditions warrant. 1 1 1 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - page 9 Mr. Clem stated that he has been inundated with phone calls, some very posi- tive but largely in the negative arena, from senior citizens that are concerned about their taxes. Mr. Clem stated that the endowment has concerned a lot of people including himself. The Council has not discussed the use of the estate once re- stored and finds it hard to support the preservation of Dodona Manor when there are homes on Loudoun Street that are in need of improvements. Mr. Clem mentioned several areas in the town which are in need of improvements. Everyone wishes to preserve the home, but/Pshould find another alternative to using tax dollars. Mr. Lovin added to Mr. Clem's concern regarding the endowment funds. He understood that these funds will be solicited from the private sector. Mayor Sevila stated that the town is using taxpayer's money, in his opinion, to make a tremendous contribution to the historic and cultural qual}Ey of life in our community that will be returned many times over, in both tangibles and intangibles. Mayor Sevila supports wholeheartedly this legislation. Aye: Councilmembers Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: Councilmember Clem. This concluded the public hearing on Dodona Manor. PUBLIC HEARING ON 1986 LEESBURG TOWN PLAN UPDATE Mr. Minor said the Town Plan before them incorporates the recommendations of the Planning Commission and the changes made in the Transportation Plan. It makes changes to some of the technical items and talks about some of the key policy changes, some of the action items and gives an overview of the land use map and the transportation map changes. Ms. Vecchio said they have made changes and projections through 1990-95 and policy statements concerning land use and the transportation map. Demo- graphic changes are reflected in projects through 1995 - most of this is in the handout. In terms of policy changes, there are approximately eight changes that vary- from environmentaltosafety and transportation, with transportation ' getting the most. Regarding the action programs, letters were modified, updated and changed according to changes in the town over the last thirty years. Con- cerning the land use policy maps - these are existing approved changes. On Po- tomac.Crossing,they have highlighted the parcels that have been changed and they have now included a school site. Park sites have been added to Exeter, Paxton and Manors of Leesburg Subdivisions. The mixed use center for Stratford has been moved and is now in the middle - a parcel has been designated for com- munity use; also a clear zone for the airport. Office development has been added and a medium density residential area has been redefined.Tavistock - the residential density has been changed to three units per acre and a school site has been added. An office site has been added to Fort Beauregard. Office and residential development have been switched on Gateway and residential density has been divided into three units per acre and a park and commercial use have been added. Mr. Mulokey questioned the population figure. Ms. Vecchio said it was con- fusing and it has been changed on the first page to 15,942 by September 1988. Peter Stephenson said that, on the existing Town Plan, Route 643 goes through the Stowers property. At the same time, up to the By -Pass it reflects concep- tually the proposed Toll Road Extension into Leesburg. The project goes through the Stowers property, with collectors added. Route 654 through the southern part of the town has been realigned and updated. The overpass has been at Sycolin Road and the Bypass. Mr. Mulokey said he was told there was a plan to extend Harrison Street and it would become an extension. This was part of the existing policy and it is still proposed. Mr. Minor said this is essentially a large square traffic pattern - the same is true with the Land Use Plan. Mr. Kimball said the proposed update spoke about reconsidering and extending the parkway. isn't there to be some provision for commuter parking? Mr. Stephenson said they raised this question to the State Highway Department. Their suggestions were to construct an interchange at the Exeter/Potomac Crossing, construct an interchange or underpass at Edwards Ferry Road and construct an interchange at Sycolin Road. Templar Titus felt strides have been made in the last nine months concerning the Town Plan. It now directs itself in a positive manner toward traffic issues, MINUTES OF OCTOBER 25, 1988 REGULAR COUNCIL MEETING - Page 10 densities, etc. that relate to most all those concerned. The traffic layout has been improved by reducing intersections, connecting major thruways and closing or altering other dangerous intersections. The town needs to inter- connect designs between subdivisions and to include timely construction of these roads. It. needs to direct sound commercial size and location designs, effective buffering and noise abatement practices, especially where develop- ment directly affects established communities. All densities within the town limits are too high. What would be the outcome of reducing the total density package by about 25 percent? We must face the fact that we live in a high cost area. This may be the point where the Town's leaders and planners must decide if low-cost housing within the town limits is a possibility or a fan- tasy. Let's at least encourage developers to hold densities on the down side. Peter Kalaris, on behalf of Washington -Virginia Traditional Development Sites, Inc. (Leesburg South - ZM-99), restated his position that either Align- ment A or C, as shown in Figure 5 .'-'Alignment Options" of the "Town of Leesburg Route 654 Alignment Study" is acceptable. The Preliminary Development Plan/ Rezoning Plan filed by Leesburg South on December 29, 1987, revised April 21, 1988, was endorsed by the Council and the Planning Commission last spring. During the rezoning process, the owner/applicant has presented proffers offering to donate approximately 11 acres of land for alignment "C", approximately 2.3 acres for widening Route 15 and approximately 3.0 acres for widening Route 621 and improvements to the interchange at the By -Pass. This also includes a. 60 -foot right-of-way for a two-lane "collector road" around Leesburg South. In addition, applicant has also offered $1.642 million dollars toward the con- struction of Battlefield Parkway and the widening of Route 15. The proposed alignment under consideration by Council is unacceptable to the applicant be- cause it would severely impact upon the project's financial feasibility. Therefore, the owners see no alternative but to oppose the condemnation with all available legal means and will expect full compensation for any land taken. Regarding the Land Use Map, the owners restate their position that this appli- cation was approved by the Planning Commission on May 19, 1988 and they antici- pate and expect that the Leesburg South plan, especially its mixed use center, will in the interest of fairness and proper zoning practice, continue to be evaluated under the current 1986 Comprehensive Plan. Hubbard Turner said he has followed this for a year and a half and thinks ' the Planning Commission has done a tremendous job in coming up with this new arrangement. The other alignment would be completely _unacceptable with the transition with other communities. Leesburg South will be a collector parcel and the Town Plan will have to reflect.that. Leesburg South may be withholding their development. The town will have to take steps to insure the orderly phas- ing of the fence.Leesburg doesn't have that many roads to take the place of all of these other roads. Some of that money will have to be spent to finish connect- ing roads. The plan should address this issue as to how all of these pieces are going to be put together. You could wind up with all of these developments, but nothing to take care of the traffic right now. It's not easy to get to Reston any more. He thought the Plan has to do something to address the phasing of all of these developments. The connection of Chancellor to Dry Mill Road is a true flood plain. Mr. Minor wrote a letter saying it was extremely expen- sive to do that. There's not much left in that area to be developed. Chan- cellor is too narrow. He said the Town Plan addresses downtown parking. On motion of Mr. Clem, seconded by Mr. Kimball, Council voted unanimously to send this matter of the Town Plan Update back to both committees: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. JOINT PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE, SECTION 1B -5(c)(5) MINIMUM YARD REQUIREMENTS REGARDING DECKS AND PATIOS. A joint public hearing was held to consider an amendment to the Leesburg Zoning Ordinance, Section 1B -5(c)(5) Minimum Yard Requirements regarding decks and patios. Mr. Minor explained that there is legislation on the Agenda for approval reflecting the desires and approval by the Council and the Planning Commission. Mayor Sevila said this extends within 20 feet of the property line. Mr. Kim- ball explained that he and his wife own one of these townhouses, therefore, he will not vote on this matter. There were no further comments and the public hearing was closed. 1 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 11 JOINT PUBLIC HEARING ON LAND DEVELOPMENT FEES Mr. Minor explained they are proposing amendments to both ordinances to increase land development fees in Leesburg. The last amendment was in 1984. With the increase of development and length of time spent in the re- view process to meet the demands of Council and the public, these fees are noted. We are spending well over $400,000 in land development review. They believe these fees should be increased significantly. They looked at what these services cost in engineering review and planning staff time, then balanced simi- lar services. We are trying to look at a generic 50 -plat lot. It will probably be two to two and a half years - we would collect about $20,000. When this goes to committee, we will take some of the typical applications we have received in the last six months. We have struggled from the beginning on Dodona Manor as to where the additional money is going to come from. Our taxes increase inevitably. If the town is aware of its fee schedule for things like land development appli- cations, where there is a tremendous increase, the Town should not be subsidizing the application business. If we adopt a fee schedule, we can bring in the appro- priate amounts for out work. Mrs. Janet Frey,. of 1110 Rollins Place, N.W., said the Board of Zoning Ap- peals application had been $100 - if you left it at that, she didn't believe there would be that many people to appeal. She felt this fee should be left at $100. Mr. Hubbard Turner thought as Mrs. Frey -,-did - the citizens have a right to a reasonable appeal to the Board of Zoning Appeals. With all the development that is going on, in a few years you will be paying $250 up front and, if you appeal, he gets the money back if he wins. He proposes that the $100 fee is enough. The public hearing was closed. COUNCILMEMBER COMMENTS: Councilmember Lovin commented on the reception for the German exchange students. He also called attention to the 22nd annual Halloween Parade to be held next Monday night. This is the longest continuing Halloween Parade on the east coast. Mi. Mulokey commented that the cable company representatives have gone home. _Mrs. Forester thanked Mr. Minor for the prompt reply at last week's listen- ing session. Mayor Sevilacalled attention to the fact that the Dedication of the Jet Center will be held today. Also-,: he thanked staff for the German student re- ception today. IIf�iNiYIIVYULI 88-0-36 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE AND PATIOS IN REAR YARDS On motion of Councilmember Forester, seconded by Councilmember Clem, the following ordinance was proposed and adopted by a vote of 6 to 1 abstention: WHEREAS, the R-3 Residential Zoning District requires a 30 -foot rear yard, as opposed to a 20 -foot rear yard required for other town single-family residential districts; and WHEREAS, second story decks are prohibited from encroaching into rear yards; and WHEREAS, revising the General Regulations requirements for decks more than three feet above grade to permit limited encroachment is in the best interest of the public health, safety, welfare and convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 12 SECTION I. Section 1B -5(c) Minimum Yard Requirements of the Leesburg Zoning Ordinance is amended as follows: 5. Decks and Patios. Uncovered decks and patios, which are attached to the principal structure and are not more than three (3) feet above grade on the lot may extend into a required side or rear yard to within five (5) feet of the property line for a single- family detached residences and three (3) feet of the side or rear property line for all other residential uses. Uncovered decks, which are attached to the principal structure and are more than three (3) feet above grade on the lot may extend into a re- quired rear yard to within twenty (20) feet of the property line, however, side yard requirements shall apply. SECTION II. All prior ordinances in conflict herewith are hereby repealed SECTION III. Severability. If any provision of this ordinance is de- clared invalid by court of competent jurisdiction, the decision shall not affect the validity of the section as a whole or of any remaining provisions of the article. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. Abstain: Councilmember Kimball. On motion of Mr. Clem, seconded by Mrs. Forester, the following resolutions were unanimously adopted as consent items: 88-199 - RESOLUTION - AUTHORIZING TOWN ATTORNEYS TO FILE A PETITION FOR CONDEMNA- TION TO ACQUIRE AN AVIGATION EASEMENT FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT. WHEREAS, the Town of Leesburg has determined that certain avigation easements are required for the efficient operation of the Leesburg Municipal Airport; and WHEREAS, one of the easements affects the land standing in the name of Mark Eaton, Trustee, but the title examination raises serious questions of ownership and whether Mark Eaton, Trustee, has good title thereto; and WHEREAS, since there is no one who can convey clear title to the easement, a bona fide offer would be fruitless. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: The Council hereby declares that an essential public convenience and ne- cessity exists requiring entry upon the property prior to the determina- tion and deposit of the amount of just compensation, and does hereby au- thorize the town attorney to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $24,000, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 88-200 - RESOLUTION - AUTHORIZING AN OFFER TO THE MOOSE LODGE #1041 FOR FEE SIMPLE PURCHASE OF 5.9092 ACRES NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AN AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the town's Capital Improvements Program and the adopted Airport Master Plan call for a runway extension to a total length of 5300 feet to attract corporate aircraft; and WHEREAS, the 1000 foot extension to the north has been completed; and WHEREAS, the FAA requires purchase of land necessary for the extended clear zone prior to construction of the southern 1000 foot extension; and WHEREAS, 22 of the 39 acres needed have already been purchased; and 1 119 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 13 WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by the Moose Lodge #1041; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: ' SECTION I. The Moose Lodge ;1041 is hereby offered the sum of $540,000 for the purchase of fee simple title to the 5.9092 acres, more or less shown on the attached plat of Ross, France and Ratcliff, Ltd., dated August 20, 1987, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within thirty (30) days from receipt, the Council hereby declares that an es- sential public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just compensation, and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to is- sue a check in the sum of $540,000, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 88-201 - RESOLUTION - AUTHORIZING AN OFFER TO JAMES AND BERNICE MURRAY FOR THE FEE SIMPLE PURCHASE OF 2.3033 ACRES NEEDED FOR THE SOUTH RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AND ' AUTHORIZING CONDEMNATION PROCEEDINGS. WHEPWAS, the town's Capital Improvements Program and the adopted Airport Master Plan call for a runway extension to a total length of 5500 feet to attract corporate aircraft; and WHEREAS, the 1000 foot extension to the north has been completed; and WHEPwAS, the FAA requires purchase of land necessary for the extended clear zone prior to construction of the southern 1000 foot extension; and WHEREAS, 22 of the 39 acres needed have already been purchased; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by James and Bernice Murray; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. James and Bernice Murray are hereby offered the sum of $210,000 for the purchase of fee simple title to the 2.3033 acres, more or less shown on the attached plat of Ross, France and Ratcliff, Ltd. dated August 20, 1987, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual war- ranties of title within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. !120 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - Page 14 SECTION II. In the event this offer is not accepted in writing within thirty (30) days from receipt); the Council hereby declares that an essen- tial public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just compensation, and does hereby authorize the town attorney to file the requisite petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $210,000, payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 88-202 - RESOLUTION - AUTHORIZING AN OFFER TO SAVILLA CHRISTINE PHILLIPS FOR FEE SIMPLE PURCHASE OF 3.0852 ACRES NEEDED FOR THE SOUTH I RUNWAY EXTENSION AT THE LEESBURG MUNICIPAL AIRPORT AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the town's Capital Improvements Program and the adopted Airport Master Plan call for a runway extension to a total length of 5500 feet to accept-_ corporate aircraft; and WHEREAS, the 1000 foot extension to the north has been completed; and l_ WHEREAS, the FAA requires purchase of land necessary for the extended clear zone prior to construction of the southern 1000 foot extension; and WHEREAS, 22 of the 39 acres needed have already been purchased; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by Savilla Christine Phillips; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the entire land acquisition costs. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ' as follows: SECTION I. Savilla Christine Phillips is hereby offered the sum of $222,000 for the purchase -of fee simple title to the 3.0852 acres, more or less shown on the attached plat of Ross, France and Ratcliff, Ltd. dated November 27, 1987, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy thereof is attached with the usual warranties of title within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within thirty (30) days from receipt, the Council hereby declares that an essential public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just compensation, and does hereby authorize the town attorney to file the requisite petition for con- demnation and early entry, on behalf of the Town of Leesburg and does author- ize the Director of Finance to issue a check in the sum of $222,000, payable to the Clerk of the Circuirt Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 98 -903 RFSOTNTTON ANTAORT7TNC AN OFFER TO I.F.F.ANT) SUE MAvwe FOR FEE SIMPLE PURCHASE OF 1.2981 ACRES NEEDED FOR THE SOUTH RUNWAY EX- ' TENSION AT THE LEESBURG MUNICIPAL AIRPORT AND AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the town's Capital Improvements Program and the adopted Airport Master Plan call for a runway extension to a total length of 5500 feet to attract corporate aircraft; and WHEREAS-,- the 1000 foot extension to the north has been completed; and WHEREAS, the FAA requires purchase of land necessary for the extended clear zone prior to construction of the southern 1000 foot extension; and 121 MINUTES OF OCTOBER 25, 1989 REGULAR TOWN COUNCIL METING - Page 15 WHEREAS, 22 of the 39 acres needed have already been purchased; and WHEREAS, the FAA has authorized the process used to establish the value of the remaining property south of the airport; and WHEREAS, the FAA recommends fee simple acquisition of the entire parcel of land owned by Lee and Sue Mayes; and WHEREAS, the FAA and the Commonwealth of Virginia will fund 95% of the land acquisition costs: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Lee and Sue Mayes are hereby offered the sum of $113,000 for the purchase of fee simple title to the 1.2981 acres, more or less, shown on the attached plat and description made by Ross, France and Ratliff, Ltd. dated November 27, 1987, on condition that title to the land affected is free and clear of all defects, liens or encumbrances. The property will be conveyed according to the plat and description described above by good and proper deed, a copy therePf is attached with the usual warranties of title, within thirty (30) days after written acceptance of this offer, with a right of entry commencing at the time of acceptance. SECTION II. In the event this offer is not accepted in writing within thirty (30) days from receipt, the Council hereby declares that an es- sential public convenience and necessity exists requiring entry upon the property prior to the determination and deposit of the amount of just com- pensation, and does hereby authorize the town attorney to file the requi- site petition for condemnation and early entry, on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $113,000, payable to the Clerk of the Circuit Court in accord- ance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 88-204 - RESOLUTION - AUTHROIZING A CONTRACT WITH PERRY ENGINEERING COMPANY AND MAKING AN APPROPRIATION FOR THE CONSTRUCTION OF ' THE TOWN BRANCH STORM DRAINAGE IMPROVEMENTS WHEREAS, the engineering consulting firm of Bengtson, DeBell, Elkin and Titus was retained to prepare construction drawings, contract documents and specifications for the rehabilitation of the Town Branch Channel; and WHEREAS, bids were received on September 15, 1988; and WHEPWAS, Perry Engineering Company, Inc., submitted the lowest bid, at $187,709.00, and was judged by our consulting engineer to be both re- sponsible and responsive; and WHEPEAS, the elimination of three (3) bid items and the deferring of seve- ral other items to be accomplished by town forces will reduce the contract by $37,100.00; and WHEREAS, a change order will be signed simultaneously with the contract to reduce the contract amount by $37,100.00; and WHEREAS, construction of this project is essential to the town's storm water management effort: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into a lump sum contact with the Perry Engineering Company, inc., for construction of the Town Branch Storm Drainage Improvements in the amount of $187,709.00. SECTION II. The Mapager shall execute change order #1 reducing the amount of the contract price to $150,609.00 simultaneously with the signing of the contract. SECTION III. An appropriation and transfer of funds is authorized from the unappropriated General Fund balance to Capital Projects Fund Construction 1903-9303-700-030, in the amount of $5,609,00 which will remain in effect until the project is complete. 1 122 MINUTES OF OCTOBER 25, 1988 REGULAR TOW14 COUNCIL MEETING - PAGE 16 88-205 - RESOLUTION - AUTHORIZING A CONTRACT WITH ENGLISH CONSTRUCTION COMPANY INCORPORATED AND MAKING AN APPROPRIATION FOR CONSTRUCTION OF THE ROUTE 643 BOOSTER PUMPING STATION. WHEREAS, bids for the construction contract for the Route 643 Booster Water Pumping Station were opened on October 19, 1988; and WHEREAS, the lowest bid received is from English Construction Company In- corporated of Altavista, Virginia; and WHEREAS, Camp, Dresser & McKee,the town's engineering consultant, has recom- mended the contract to be awarded to English Construction Company, Inc.; and WHEREAS, the Director of Engineering and Public Works recommends the con- tract be awarded to English Construction Company, Inc.; and WHEREAS, operation of the Route 643 Booster Water Pumping Station by the summer of 1989 is essential to permit the scheduled opening of the Cool Spring Elementary School; and WHEREAS, failure to meet this deadline will create an emergency condition under 8.5 of the Leesburg Purchasing Policy: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorizedand directed to enter into a lump sum contract on behalf of the town in a form approved by the town attorney in the amount of $713,000.00 with English Construction Company, Incorpor- ated for construction of the Route 643 Booster Water Pumping Station. SECTION II. An appropriation is made from the unappropriated Utility Fund balance to Account No. 3130.700.210.300 in the amount of $500,000.00 which will remain in effect until the project is complete. 88-206 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING ADDITIONAL SETBACKS FROM CERTAIN STREETS , WHEREAS, Section 1B -5(e) of the zoning ordinance establishes additional setbacks for certain streets within the Town of Leesburg; and WHEREAS, the Town Council and Planning Commission have expressed an interest in establishing an additional setback under Section IB -5(e) for the Leesburg Bypass; and WHEREAS, the term "setback" used in Section 1B -5(e) is unclear and creates confusion in the review of subdivisions and development plan applications; and WHEREAS, these amendments are necessary to promote public health safety and welfare, facilitate the creation of a convenient, attractive and harmonious community, and to protect property values: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section IB -5(e) of the Leesburg Zoning Ordi- nance is hereby initiated to add subsection (2)(e) to read as follows: (2)(e) Leesburg Bypass: 100 feet from the right-of-way line. This setback shall apply to all buildings and parking lots. SECTION II. The manager shall refer the proposed amendment to the Plan- ning Commission to conduct a public hearing after which the Planning Com- mission shall report its recommendation to the Town Council. 88-207 - RESOLUTION - MAKING APPOINTMENTS TO THE LEESBURG ENVIRONMENTAL ADVSORY COMMISSION WHEREAS, vacancies exist on the Environmental Advisory Commission: 123 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 17 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Rose Garrett and Sue Walden are appointed to the Leesburg Environmental Advisory Commission for terms ending June 30, 1990. 88-208 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFOPdM*.ANCE BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVE- MENTS IN THE FIELDSTONE APARTMENTS WHEREAS, Pulte Home Corporation, the builders of the Fieldstone Apartments, has completed public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit no. 6281 from First American Bank in the amount of $100,000.00 is released, and a new letter of credit for maintenance guarantee in the amount of $25,000 from First American Bank in a form approved by the town attorney is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or changes. 88-209 - RESOLUTION - AUTHORIZING A TIME EXTENSION OF THE PERFOR14ANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR SOUTH HAVEN SUBDIVISION WHEREAS, Tedence Incorporated, the developers of South Haven Subdivision have not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two year period agreed to in the contract for public improvements; and ' WHEREAS, the letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $68,758.00 has expired; and WHEREAS, a new letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $68,758.00 has been pro- vided by the developer to guarantee installation of the remaining public improvements for South Haven Subdivision and this amount has been approved by the Director of Engineering and Public Works: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The letter of credit from Farmers and Merchants National Bank of Hamilton, Virginia in the amount of $68,758.00 in a form ap- proved by the Town Attorney and an extension of six months for the in- stallation of public improvements are approved. 88-210 - RESOLUTION - I14ITIATING A Z014ING ORDINANCE AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING SWIrw1ING POOLS AND RELATED STRUCTURES WHEREAS, Section 1B -5(c)9 of the Leesburg Zoning Ordinance is more re- strictive than the BOCA building code standard and the zoning regulations of neighboring jurisdictions; and ' WHEREAS, existing provisions of the Leesburg Zoning Ordinance permit decks and patios, attached to the principal structure, in rear yards in which similar structures associated with pools are prohibited; and WHEREAS, a reduction in the minimum setback required of pools and any associated walkway or deck is in the best interest and public necessity, convenience, general welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 1124 MINUTES OF OCTOBER 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 18 SECTION I. An amendment to Section 1B -5(c)9 of the Leesburg Zoning Ordinance is hereby initiated to replace the current text in its en- tirety to read as follows: Section 1B -5(c)9 Swimming Pools. A private swimming pool, not exceeding three feet above grade, may be permitted in a requiredminimum side or rear yard to within six feet of a property -line, as measured perpendicular from said property line to the outermost edge of the pool coping. .Any associated walkway or deck, not exceeding three feet above grade, may be permitted in a required minimum side or rear yard to within three feet of a property line. A private swimming pool, or associated walkway or deck, exceeding three feet above -grade, shall not be permitted in a required minimum yard. Swimming pools shall not be permitted in front of a principal structure. The location of a public swimming pool shall be determined through the development Dian review process. SECTION II. A public hearing on this amendment shall be held at 7:30 p.m. on November 22, 1988, in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. In accordance with Section 15.1-431 of the 1950 Code of Virginia, as amended, this hearing shall be a joint hearing of both the Planning Commission.and Council. The clerk shall give no- tice of this hearing on November 3 and 10, 1988, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment. -211 - RESOLUTION - MAKING APPROPRIATIONS FOR PARKS AND RECREATION PROGRAMS WHEREAS, the Town of Leesburg Parks and Recreation Department has developed recreation programs including outdoor adventure, sports, classes, special events, special services and projects based on -user fees collected; and WHEREAS, the FY 89 budget does not include appropriations for these pro- grams; and WHEREAS, it is the desire of the Town of Leesburg to provide such leisure programming through revolving accounts. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia the following amendments and appropriations are hereby authorized to the general fund budget for the fiscal year ending June 30, 1989: SECTION I. General Fund Description Amount Account # Outdoor Adventure Programs; Revenue ($5,000) 200.2403.030.000 Expenditures: Part-time help 1,000 200.7109.100.010 FICA 75 200.7109.200.011 Contractual Services 3,000 200.7109.300.010 Supplies & Materials 463 200-.7109.540.010 Equipment 462 200.7109.700.010 1 1 1 )2s MINUTES OF OCTOBER 25, 1988 REGULAR COUNCIL MEETING - Description Amount PAGE 19 General Fund Account it Sports Program: Revenue ($5,000) 200.2403.040.000 Expenditures: Part-time help 2,000 200.7110.100.010 FICA 150 200.7110.200.011 ' Contractual Services 1,000 200.7110.300.010 Supplies & Materials 925 200.7110.540.010 Equipment 925 200.7110.700.010 Recreation Classes: Revenue ( 5,000) 200.2403.050.000 Expenditures: 1 Part-time help 2,000 200.7111.100.010 FICA 150 200.7111.200.011 Contractual Services 1,000 200.7111.300.010 Supplies & Materials 925 200.7111.540.010 Equipment 925 200.7111.700.010 Special Events: Revenue: ( 5,000) 200.2403.060.000 ' Expenditures: I Part-time help 1,000 200.7112.100.010 FICA 75 200.7112.200.011 Contractual Services 3,000 200.7112.300.010 Supplies & Materials 462 200.7112.540.010 Equipment 463 200.7112.700.010 Special Services/Projects: Revenue: ( 5,000) 200.2403.070.000 Expenditures: Part-time help 1,000 200.7113.100.010 FICA 75 200.7113.200.011 Contractual Services 3,000 200.7113.300.010 ' Supplies C Materials 463 200.7113.540.010 Equipment 462 200.7113.700.010 SECTION II. These programs are to be self-funded through collection of participation fees, therefore, a subsidy from the general fund unappropriated fund balance will not be required. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and ilayor Sevila. Nay: None. 126 MINUTES OF OCTOBE-R 25, 1988 REGULAR TOWN COUNCIL MEETING - PAGE 20 On suggestion by Mayor Sevila and, on motion of Mr. Tolbert, seconded by Mr. Clem, Council voted unanimously to refer a proposed resolution concerning the re- establishment and designation of Liberty Street back to committee for further con- sideration: Aye: Counciltienbers Clem, Forester, Kimball, Lovin, Lulokey, Tolbert and '•iayorSev;.la. lav: -'one. :'here being no further business, on motion mace and seconded, Courcil voted unanimously to adjourn. 1 Clerk of unciI i!ayor 1 1