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HomeMy Public PortalAbout1990_02_2757 MINUTES OF THE REG~ MEETING OF THE LEESBURG TOV~N COUNCIL FEBRUARY 27, 1990 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on February 27, 1990 at 7:30 p.m. The meeting was called to order by Vice-Mayor John W. Tolbe~ Jr., with the invocation given by Mr. Tolbert and the Salute to the Flag led by Councilmember Clem. Present were: Vice-Mayor John W. Tolbe~ Jr., Councilmembers James E. Clem, Donald A. Kimball, Claxton E. Lovin and William P. Mulokey. Absent was Councilmember Christine M. Forester. Mayor Sevila will be arriving late. Staff members present included: Town Manager Jeffrey H. Minor, Director of Planning, Zoning and Development Katherine Imhoff, Director of Finance Paul E. York, Director of Engineering and Public Works Thomas A. Mason, Director of Utilities Randolph W. Shoemaker, Director of Parks and Recreation Gary Huff, Planners Peter Stephenson and John Johnson, Public Information Officer Susan Farmer and Deputy Town Attorney Deborah Welsh. On motion of Mr. Clem, seconded by Mr. Mulokey, the minutes of the Special Meeting of February 5, 1990 and the minutes of the regular Town Council meeting of February 13, 1990 were unanimously approved. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey and Tolbert Nay: None Absent: Councilmember Forester and Mayor Sevila Petitioners Ms. Mary Fishback, a resident of 408 Madison Court, S.E., addressed the Council on behalf of the library system in Loudoun County. It is imperative that the Council t,ke measures to ensure the library services be retained in the County's 1990 budget. Council should prepare a resolution in support of this. Library services will ensure a level of higher education for the community and provide cultural and recreational facilities for the citizens. The economic growth already experienced in the county demands a better and bigger facility. The present library is totally inadequate. A new facility would assure compliance with State codes with regard to the handicapped and senior citizens. Fire regulations are poor and the health needs are neglected. Ms. Fishback urged Council to see that the library services are put back into the budget. Mr. Harold Skaggs, a resident of 403 Dodd Cour% N.W., addressed the Council with regard to the VDOT Route 7 Corridor Plan. He asked if the proposed plan was a master plan or a piece-meal plan. In researching the town's budget he found no written goals with the exception of making Route 7 a limited access highway. He would like to know what the goals and objectives were when Council and staff planned this transportation system. If the only goal was to make Route 7 a limited access highway and to provide parallel and network roads, north and south of Route 7 east, then the mark for master planning has been missed for the entire northwest sector in which he and many citizens live. It seems that most of the focus on this master plan is to accommodate large developers in the southeast sector at the expense of the citizens. Vast sums of tax payer's money will have to be spent to implement this plan. He understands that through proffers, developers will be paying large sums of money. He cannot find, through his research, where a practical line by line cost analysis has been done. Only a certain amount Of money exists in the town's budget for transportation improvements. Will it take all or the majority of available and projected transportation dollars to pay for southeast improvements leaving the northwest sector high and dry - we have critical needs too. All of the streets need attention especially Old Waterford Road and Morven Park Road, both are inadequate for the two new traffic generators - the library and Ida Lee Park. By making Route 7 a limited access highway and concentrating all the planning on that sector of Route 7, is supporting piece-meal planning. There are current problems, at Fairview Street, Catoctin Circle and the Route 7 entrance to the western end of the bypass, that will be increased and compounded by the corridor plan. It will funnel vast amounts of commuter traffic through town or around the bypass thus clogging the on and off ramps on the northwest end of town. Is this master planning or piece-meal planning. There is a rezoning request, that is before Council, for 144 homes in the northwest sector. It is quite obvious that master planning has not been done, because in the past several years when improvements could have been made they were not made to Old Waterford Road, Fairview, Pershing, Wilson, Morven Park and North Street. We are in a situation where the town is totally unprepared for the traffic that will be generated by the new development as well as unprepared for the library and park project. In conclusion, I speak for the many citizens in the northwest sector and request written answers to the following:. 1. What are the Council's goals and objectives for this plan. 2. How do you justify that it is a master plan. 3. What specific planning has been done for the northwest sector of town. ff the Council does not have answers~ to these questions tonight, how can you even consider passing the legislation before you. Mr. Dave Griffiths, a resident of 513 Davis Avenue addressed the Council with regard to the Route 7 Corridor Plan. There is a definite need for improvement on Route 7. He works in Fairfax and drives either Route 7 or Route' 50. Any improvement, whether short or long range, is greatly Minutes of February 27, 1990 needed. He expressed some concerns with the plan. I agree with Route 7 being a limited access to Route 7 from Goose Creek to the bypass. I am an architect by profession and use the idea of limited access all .the time when working on a new building or a site, to control the functions of that facility inside to control the traffic flow. It makes logical sense to utili~.e this tool to ensure proper development and ensure good design in both the north and south of Route 7. He commends town staff for implementing this tool. The county has already adopted this plan for their portion. He is concerned with the fact that VDOT did not provide the town the same opportunity as they did the County. V'DOT gave the County the opportunity to look at 2 or 3 different solutions, the benefits and drawbacks to each solution and to look at the monies involved. The town was not provided the same benefit. We should insist on this. Also, VDOT has indicated that the bypass will eventually be enlarged to 3 lanes, each direction. There has been no indication that this will happen at the same time the corridor section is improved. The time sequence between this and the Route 7 improvements is very critical. A study should be done to show how this sequence can work together and what will happen if it doesn't. Each Councilmember was elected by the citizens of the community because you have shown that you have always taken a very reasonable approach to decisions, you have always backed your decisions with a good analysis of what can happen, the pros and cons, etc. At this point~ you are being asked to make a decision based on inadequate information. Your decision should be postponed until you get all this information. Four to six months should give VDOT the time to come up with alternatives. Mr. Griffiths urged Council to delay their decision and to seek additional information. Mr. Ralph Stanley, with the Virginia Toll Road Corporation (VTRC) briefed the Council on the status of the VTRC application. The final step in the approval process for the State was filed, in full, on February 2, 1990. The State Corporation Commission (SCC) reviewed the application and on February 13, 1990 the SCC set out a procedural schedule for review of the application, for its completeness and particularly on the financing. Exhibit 12 of the application included a guaranteed maximum price contract. The application that was filed does come to Leesburg. We made a commitment to the town and we will fulfill that commitment. The overall design and construction cost of the plan filed in February has increased to approximately $151 million. The overall project cost is now approximately $230 million. The principal focus of the SCC is the financing. The overall cost to capital in the application is between 11.5% and 12.5%. The $53 million construction cost increase, as well as the drop in financing, based on the VDOT analysis was achieved without adjusting any of the toll levels. One distinct advantage of our application being approved is that the right-of-way was calculated over the 40 year period. It will result in $96 million in property taxes for Loudoun County and also a significant property tax to the town based on how much right-of-way remains in the town. This is an important difference between the VTRC building the road and VDOT building the road because the state does not pay taxes on the right-of-way. We estimate that approximately $100 million will be generated in state taxes. The successful completion of the toll road extension will relieve Route 7 and Route 50. The success of the project will enable the town, county and commonwealth to argue for a lot more federal highway funding. If the VTRC is successful, Mr. Stanley offered to spend a month testifying on that behalf. The economic impact on the county and eastern Loudoun with regard to the absorption rate, that can occur, is there could be as much as a 600,000 to 700,000 square foot difference over the next ten years in absorption of office and flex-tax base, with or without the toll road. There has been debate about the surplus that is being generated on the existing toll road. There has been an estimated $175 million worth of work on the existing toll road. Mr. Stanley briefly highlighted the procedures of the SCC and stated that the opportunity to comment on the toll road before March 15, 1990, in writing, is there for any interested party. The VTRC is continuing to assemble as much of the right-of-way, and proceed on a parallel track with construction and design. Mr. Stanley commended the town staff for all their help. They have* been remarkably responsive in meeting all the deadlines. Mr. David Wall, also with the VTRC updated the Council and public with regard to the design and construction issues of the toll road. He thanked the staff for all their attention. The earliest that we can get into the field is August. This means clearing and utility relocation and will require a lot of efforts on the part of both the county and town staff. We are processing the wetlands investigations, and the archeological and cultural investigations. Hopefully, actual earthwork operations will begin in October and open the road in 1993. Ms. Barbara Riviere, a resident of 307 North Street addressed the Council adding her support and insisting that the library be kept in the County's 1990 budget. She also addressed matters on local transportation. To her knowledge, the town does not have any local transportation. There are one or two taxis'. It would be plausible to have some small buses that could take senior citizens, students, etc., from various subdivisions to the library, parks or the various shopping centers. Mr. Gary Samuels, a resident of 15 Morven Park Road stated that he has addressed the Council and Planning Commission many times, in the past year, regarding the Route 7 Corridor Study. He wished to remind the members of Council that he has provided them with data, including traffic counts, projected growth figures and phase I of a traffic analysis, completed by a firm hired by Loudoun County. This information should have placed a reasonable doubt in the Council's mind regarding the Route 7 Corridor Plan. One observation made during past discussions is the reference to time frames. It will be 15 to 20 years before this road will be built~ Is 20 years really a long time in terms of transportation planning. I realize that staff is working hard and that long range plans are being made. Overall we are doing a good job. I feel that we have missed the point with the present Route 7 Corridor Plan. This plan does not benefit the citizens of Leesburg. It fails as a long term solution to route commuter traffic around Leesburg. We are placing too much dependency on a bypass and even with improvements it will be congested in 15 years. Hopefully in the near future Council will 59 Minutes of February 27, 1990 approve a Zoning Ordinance that is fair to all parties, however, if we find in 15 years that we have miscalculated the impact of certain rules - we can amend the zoning ordinance, relatively easily. If you make a mistake tonight and commit to a long range plan to funnel all commuter traffic from a six- lane Route 7 freeway into the existing interchange, how do you propose to amend that mistake. By that time Leesburg will be surrounded by houses and buildings. If you desire an alternate route in the future where would you put it. He said that Mr. Mulokey mentioned, several meetings ago, that his objection to considering an alternate route was that the cost of land was too high today. The cost of land may be high today by some standards but think what it will cost in 15 to 20 years when houses and buildings are in place. I believe there is still a window of opportunity to make a real difference in how we manage the commuter traffic that will be passing through or around Leesburg. Please consider, before you vote, how you will address traffic management problems in 15 years and what options are left open to make a real difference. Mr. Patrick Cassid¥, a resident of 304 Babson Circle stated that he has also been before the Council regarding the Route 7 Corridor Plan. He believes that the plan is inadequate. It is short term. It will work well for approximately 5 years. This plan encourages commuter traffic to come up Route 7 and go through the town, creating a source of problems to the town. We need to find a way to direct traffic around the town. Approximately 80% to 90% of the traffic is concerned with going around the town not doing business in the town. This is a partial plan. We owe it to the citizens of Leesburg to come up with a complete plan that will truly address the problem for the next 15 to 30 years. One possibility is a simple wishbone at Goose Creek to direct the north traffic around Leesburg to the right and the western tr~_ffic to the left. Right-of-ways should be proffered now. Route 7 is almost to the point of grid lock between the hours of 4:30 p.m. and 5:30 p.m. I foresee a gridlock situation on Battlefield Parkway in the future. Mr. Norman Terry, a resident of 826 Bails Bluff Road addressed the Council asking them to rethink their vote regarding the Route 7 Corridor plan. At an August, 1989 meeting with the Council and residents of Potomac Crossing, concerns were raised about the safety of pedestrians crossing Battlefield Parkway. It is hard to believe that with the implementation of the Route 7 plan that the Battlefield Parkway could be labeled anything else but a major artery between Route 7 and Route 15. In the Potomac Crossing Subdivision there is only one underpass proposed, to get children to and from the elementary school, which crosses Battlefield Parkway. Mr. Terry is concerned with the safety of the children and pedestrians of the subdivision. The proposed msjor amenities are located very close to the parkway, specifically the swimming pool. Is a curb sufficient enough to keep an accident from happening. Crossing Battlefield Parkway will become more dangerous because of the increase in traffic. Has the traffic study at Battlefield Parkway and Route 15 been started. Shouldn't these results be used to project the amount of future traffic flow that will be generated on the parkway. Were there any alternative plans or studies for the Route 7/15 bypass corridor. Is VDOT's engineering track record so good that alterative plans and studies are not necessary. Was data for Route 15 commuter traffic west and north evaluated for this study. Did it include the influx of commuters into the north and west because of the lack of affordable housing in the northern Virginia area. A decision that may affect Leesburg for the next 30 to 40 years is being made very hastily. Leesburg is becoming a commuter town and bypass. Lets think ahead and use all of the resources available. Lets make a decision that takes into account the needs and desires of current residents of this town, as well as, commuters that will bypass our town. Lets evaluate possible alternatives. Mr. Robert Farris, a resident of 202 Pershing Avenue addressed the Council regarding the vacation of lots on Block F, Pershing Avenue. These lots are 25 foot wide lots. He urged Council to see that the developer builds the proposed homes 10 feet from the property line and takes care of any potential parking problems. He would like to see this area be brought up to today's standards, in regards to size of lots. Mr. Minor said that the boundary line adjustment could be accomplished without the Council's concurrence but we wanted to give the citizens an opportunity to address the proposed compromise. There are currently 25 legal, non-conforming lots. The town strengthened its legislation by requiring 10% sideyards or 5 feet, whichever is greater. With an existing house you cannot increase non-conformity. What we are dealing with now are vacant lots - a developer could literally build a 15 foot wide home on a 25 foot lot, which no one wants. It is extremely problematic for the town to unilaterally, short of purchasing the lots, infringe on the vested rights of the lots. There is a state law on non-conformity and vesting. The town can explore things that will reduce the potential for future development of these lots, but in doing so without the consent of the owners of the vacant lots, would expose the town to litigation. Mr. Minor said that he will contact the town's special counsel, McGulre, Woods, Battle and Boothe and prgsent this information in terms of what the town can do to amend its general regulations that would help remedy the future development of these 25 foot lots. The town's administration has been successful so far - no houses have been built on 25 foot lots. Mr. Muloke¥ said that it was his understanding that the town staff has worked with the citizens and with the owners of the existing properties to come up with the best possible compromise for the citizens of that neighborhood within the constraints of the law. He asked Mr. Fan'is ff he feels this is the best compromise, if not Mr. Mulokey would like to know that, and he will vote against it~ Otherwise, Mr. Mulokey will have to assume that this is the best compromise that the town is capable of achieving for the neighborhood. Mr. Farris would like to see the proposed plan from the developer. Mr. Joe Drumheller, a resident of 519 Clagett Street addressed the Council in regards to pipestems in the Town of Leesburg. There is a major abuse of pipestem lots in Fairfax. The only reason to have pipestem lots is to increase density. Ail the new developments have pipestems proposed. He has been involved with a variation that was granted by the Planning Commission that 6O Minutes of February 27, 1990 will allow pipestems off of an existing cul-de-sac. It is the town's policy that pipestems are not liked but then there may be one particular case - and everything is legal. With the current regulations there is no other alternative then to allow pipestems. He petitioned the Planning Commission to hold a public hearing to study the pipestem ordinances. He also petitioned the Council to direct staff and the Planning Commission to amend the pipestem ordinances so that there is no abuse of pipestems. He requested the Council to hold a joint public hearing on pipestems. Mr. Minor stated that Clagett Street was the subject of a potential multi-lot, pipestem development. One thing that Council could do is to make the maximum number of lots, served by a stem, two. Another solution is to amend the ordinance, in regards to pipestem lots, which would make it more restrictive on when pipestems could be considered. Mr. Minor suggested preparing a report on modifications to pipestems for the March 21, Planning and Zoning Committee meeting. Mayor's Report Mr. Dana Malone, of the State Department of Forestry wished to officially recognize Leesburg as Tree City USA. It goes without saying that such recognition takes a lot of work and careful planning before such an award is given by the National Arbor Day Foundation. Mr. Malone presented the Mayor with a plaque, a flag and some signs recognizing Leesburg as Tree City USA. The signs can be placed at the different entrances coming into the town. Leesburg is the only town in Loudoun County that has been recognized as Tree City USA and is only the sixteenth municipality in the Commonwealth of Virginia that has received this award. There are four standards that must be met before winning this award. The first standard is that there must be tree board, consisting of a group of concerned citizens, charged by an ordinance to develop and implement a community, forestry program for tree care. The second standard is that there must be a community tree ordinance. The ordinance must designate the tree board members and also gives them the power to develop and implement a comprehensive community, forestry program. The third standard is that there must be an expenditure on the community, forestry program of at least $2.00 per capita per year. The last standard is that a day must be set aside for an Arbor Day celebration along with a proclamation. Last April, at Ida Lee Park, was the first Arbor Day celebration for the Town of Leesburg. It was a big success. Mr. Huff and myself along with other members of the Arbor Day Committee are working on the second celebration also to be held at Ida Lee Park. It will be held the last day of April to coincide with Earth Day. He encourages the public to attend. Councilmember's Comments Mr. Mulokey reported that the George C. Marshall Fund group will be initiating a msjor fund raising drive in Italy in the near future. He is pleased to see that the legislation, that he initiated, concerning tax relief for the elderly will be voted on this evening. He is encouraging his fellow councilmembers to vote for it. This legislation is one of the ways that the Town Council can help to minimize the tax burden on those citizens who are truly in need. He wished to clarify his statement on land acquisition concerning the Route 7 Corridor Plan. The town and citizen's tax dollars would be better spent improving the roadways and interchanges on our existing right-of-ways rather then buying more land to build more roads. Mr. Lovin reported that he has been out of the country for the past two weeks. Mr. Clem stated that he and Mr. Tolbert hosted Saturday's Listening Session. A beauty contest was held Saturday evening at the fire house and for the first time in the fire company's history a black queen was chosen. A lovely young lady by the name of Monica Simms. Mr. Kimball hoped that our new Arbor Day flag does not violate any particular sign ordinance. He congratulated Mr. Tolbert on his efforts, through the committee, to get this accomplished. Mr. Tolbert had no comments. Manager's Report Mr. Minor commented on the written Activity Report, saying that the quality of the Annual Report from the Police Department, the graphics, the level of detail have greatly improved over the last several years. Any interested citizens may contact our Public Information Officer and the report will be available to them. Mr. Minor presented to the Council the Capital Improvements Program for 1990-1995. This suggests a Planning Commission hearing for March 22nd and Council hearing on March 27th, with adoption set for April. It is required that the Town submit a five-year CIP annually. The adopted is incorporated into the annual budget (which should be ready in early April). They win have some graphic support and probably about a 20 minute report for the public hearing. It win be published and will be available to the public. This proposes an expenditure of nearly $60 million over the next five years. It highlights the completion of the Municipal Government Center, the Downtown Parking complex and the Ida Lee Park Recreation Center, which should be finished around June of this year. Also, in some future years, there will be completion of some tennis courts, exercise trails, picnic areas and an amphitheater. The actual recreation money goes to the State - Gary Huff is working diligently 61 Minutes of February 27, 1990 to try to get that money put back into the Governor's budget. Another project approved last year and now under design is the WEst Market Street storm drainage improvements. Other highlights include expansion of the Wastewater Control Facility, from 2.5 MGD to 6.0 MGD. This facility will cost about $25 million less because of the work they did in Richmond to get the State Water Control Board to modify the requirements for the Wastewater Treatment Plant. Other improvements include additional water storage facilities expansion from 5 MGD to 6 MGD - they are looking to complete that job this summer. A msjor element of the CIP authorized design and construction for the western pressure zone. This will allow Hogback Mountain Water Tank to assist other areas. Other items in the CIP include: Four-laning of the Route 15 By-pass (three sources of funds - cash tax money from the County, proffers from Pence-Friedel developers and our own tax money). Leesburg maintains 98 percent of its own roads, including that quadrant of the by-pass. East of the by-pass on Route 7 are maintained by VDOT. These funds are not eligible to be spent on the northern part of the by-pass. We receive payments from VDOT on this for maintenance. We also receive funds through the urban system program that allocates money to the town. This is a six-year program subject to VDOT review annually. One of the things about Leesburg and future bypasses is that our current by-pass is not complete. We have to keep the existing interchange at Route 7. We plan next year to signalize that intersection. It is extremely difficult to get across Route 7. We have tried to get VDOT to fund these improvements, but we have to acquire right-of-way funds and the improvement taxes to complete the interchange. Others are to be funded by VDOT if the plan is adopted. Legislation: On motion of Mr. Clem, seconded by Mr. Lovin, the following ordinances and resolutions were proposed as consent items and unanimously adopted. 90-0-5 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-110 KINCAID FARM BY FIRST POTOMAC DEVELOPMENT CORPORATION WHEREAS, the Town of Leesburg received a complete rezoning application and fees from First Potomac Development Corporation on May 16, 1989; and WHEREAS, First Potomac Development Corporation has applied to rezone 186.06 acres of land from County PD-IP to Town PRN, Planned Residential Neighborhood with proffers. The property is located southeast of Lawson Road between Tavistock Farms planned development and the Washington & Old Dominion Trail, and is further identified as Tax Map 49, parcel 22B; and WHEREAS, this application was received by Town Council on June 13, 1989 and referred to the Planning Commission for public hearing under Chapter 11, Title 15.12 of the 1950 Code of Virginia; and WHEREAS, the Planning Commission held a public heating on August 17, 1989 to consider this rezoning application; and WHEREAS, on November 16, 1989, the Planning Commission recommended approval of this rezoning application, subject to a revised checklist of comments dated November 13, 1989; and WHE~, the Town Council held a public hearing on January 23, 1990 to consider this rezoning application; and WHEREAS, the applicant has prepared final rezoning plans and notarized proffers for approval as part of this application; and WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for this property and is compatible with surrounding zoning and development; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare, and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-110 Kincaid Farm by First Potomac Development Corporation is hereby approved and the Leesburg Zoning District Map is amended to change from County PD-IP to Town PRN (Planned Residential Neighborhood) as proffered, 186.06 acres of land located southeast of Lawson Road and further identified as Tax Map 49, parcel 22B. Pursuant to Sections 15.1-491(a) and 15.1-491.2, Code of Virginia (1988 Cum. Supp.), and Section 11-8-4 of the Zoning Ordinance of the Town of Leesburg, Virginia, (1959, as amended), FIRST POTOMAC DEVELOPMENT COMPANY and LEEGATE CORPORATION, N.V. (the "Applicant") hereby make the following voluntary proffers for itself, and its successors in interest, These proffers are contingent upon approval of the Rezoning Application (the "Application") which seeks to have rezoned to the Planned Residential Neighborhood (PRN) category 186 acres more or less, designated as Parcel 22B on Loudoun County Tax Map #49 (the "Property"). ff the Application is not granted as submitted then these proffers shall be withdrawn and be null and void. 1. Battlefield Parkway: Applicant or successor shall convey to the Town, by deed in a form 62 Minutes of February 27, 1990 approved by the Town Attorney, in fee simple and free and clear of any and all liens or encumbrances, the entire area shown on the plans and drawings dated May 5, 1989 and revised December 15, 1989, attached hereto as Exhibit A (the "ConceptfRezoning Plan"), as "Battlefield Parkway". Further, Applicant will construct, in accordance with Virginia Department of Transportation and Town of Leesburg specifications an~ standards, a six lane section within a 120 foot right-of-way plus additional turn lanes within a 140 foot right-of-way at the intersection of Kincaid Boulevard, with construction to occur in accordance with the Development Schedule/Phasing Plan described on Page 1 of the Concept/Rezoning Plan with no offsite transitions. The Applicant will enter into an Agreement and Performance Bond for the construction of Battlefield Parkway from just beyond its intersection with Kincaid Boulevard to the bridge structure as stated in the Development Schedule/Phasing Plan. The Applicant or successor will perform preliminary bridge design to determine the amount of such bond. Conveyance of the entire right-of-way for Battlefield Parkway shall be as shown on the ConceptfRezoning Plan and will occur when a Final Subdivision Plat (record plat) for the Property has been approved as stated in the Development Schedule/Phasing Plan. The applicant or successor will reserve the 120 foot right-of-way required for Trailview Boulevard on the adjacent parcel (shown on Loudoun County Tax Map No. 49 as Parcel 22) to the north of the Property owned by the Applicant Leegate Corporation (the "Leegate Tract") per Scenario 3 of the PHR & A East Battlefield Parkway Addendum - Tuscarora Creek Crossing dated August 8, 1989, as illustrated on page 15 of the Concept/Rezoning Plan. Conveyance of the Trailview Boulevard right-of-way shall occur at the Town's request following design and approval of construction drawings for Trailview Boulevard. Actual construction of the bridge structure for Battlefield Parkway's crossing of the Northern Virginia Regional Park Authority Trail (the "W & OD Trail") and Tuscarora Creek floodplain shall occur as agreed between the Town and Applicant Leegate Corporation, as the owner of the Leegate Tract namely: that Leegate or its successor with respect to the Leegate tract (LCTM 49-22), will construct the northbound three-lane half-section of the bridge crossing following the construction of office space on the Leegate Tract in excess of 800,000 gross leasable square feet. Construction of this three-lane span of the bridge by Applicant Leegate Corporation will relieve Leegate or its successor with respect to the Leegate Tract (LCTM 49-22), of any further responsibility to construct any additional portion of the bridge. The Applicant Leegate will record among the Loudoun County land records a memorandum reflecting its commitment to the Town regarding such bridge construction in the form shown on Exhibit B hereto. Other Public Streets: Applicant or successor shall convey to the Town in fee simple by deed or in a form approved by the Town Attorney, free and clear of any and all liens or encumbrance, and construct the on-site public streets generally as shown on the submitted Concept/Rezoning Plan (Exhibit A), in accordance with the Virginia Department of Transportation and Town of Leesburg standards. Location and conveyance of the right-of-way shall be as generally shown on the submitted Concept/Rezoning plan and will occur when a Final Subdivision Plat (record plat) has been approved for each phase. Other Transportation Improvements: The Applicant. or its successor in interest, agrees to contribute up to the aggregate sum of EIGHT HUNDRED ONE THOUSAND FIVE HUNDRED DOLLAR~ ($801,500.00) (based on the projected number of 501 residential units and 20,040 gross square feet of commercial space), under the terms and conditions stated herein, as its pro- rata, non-refundable, contribution toward the cost of regional road improvements within the area of the Town of Leesburg, including but not limited to the construction of the Battlefield Parkway bridge crossing of the W & OD Trail and Tuscarora Creek floodplain (the "Transportation Improvements"). The Applicant's actual contribution shall be equal to ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per residential unit and TWO DOLl.ARS ($2.00) per gross square foot of commercial space actually constructed on the Property. These funds shall be paid into an escrow account established by the Town of Leesburg for the specific purpose of financing the construction of such Transportation Improvements. The Applicant. or its successor in interest shall make payments to the Town of Leesburg on a residential unit- by-unit and commercial-square-footage basis immediately prior to the issuance of zoning permits for construction of individual residential units or commercial structures on the Property. Public Safety: Applicant agrees that immediately prior to the time zoning permits are obtained for individual residential units to be constructed on the Property, Applicant. or its successors in interest, will pay to the Town of Leesburg the sum of ONE HUNDRED DOI.I.ARS ($100.00) per residential unit as a non-refundable contribution to the fire and rescue facilities providing service to the Property. Public Parks Contribution: Applicant. or its successors in interest, agree that immediately prior to the time zoning permits are obtained for individual residential units on the Property, it will make a non-refundable cash contribution to the Town in the amount of TWO HUNDRED DOLT.ARS ($200.00) per residential unit. These funds shall be placed by the Town in a fund for the development of public park facilities at Ida Lee Park as the Town deems appropriate. Public Park Dedication: The Applicant, or its successors in interest, at time of Final Subdivision Plat approval, shall convey to the Town by deed or in a form approved by the Town Attorney, in fee simple and free and clear of any and all liens or encumbrances, for public park purposes an area of approximately 6.23 acres located at the northeastern corner of the Property, shown as Parcel A on the submitted ConceptfRezoning Plan (E=hibit A). The Applicant. or its successors in interest, will construct or provide one (1) three-person swing set. Minutes of February 27, 1990 one (1) modular wood play structure, up to nine (9) picnic tables, one (1) pavilion/shelter with restroom facilities, a seventy-four (74) space parking lot with curb and gutter, and the extension of water and s~nitary sewer lines to the pavilion at a cost not to exceed One Hundred Twenty- five Thousand Dollars ($125,000), including an 8 to 10 foot wide asphalt trail connection to the W & OD Trail, all as generally shown on page 10 of the Concept/Rezoning Plan and in accordance with the Development Schedule/Phasing Plan on page 1 thereof, as approved by the Director of Parks and Recreation. Pedestrian Trails: The Applicant, or its successors in interest, will construct a pedestrian trail system throughout the Property as generally shown on the submitted ConceptfRezoning Plan (Exhibit A) and the detailed drawings included on page 14 thereof. The trail will be an 8 to 10 foot wide asphalt trail system constructed to Town of Leesburg standards and built as stated in the Development Schedule/Phasing Plan described on page 1 of the Concept/Rezoning Plan. Landscaping Buffering and Tree Preservation: As generally shown on the Concept/Rezoning Plan, Applicant or its successor will provide landscape buffering around the proposed townhome cluster along Battlefield Parkway and the proposed townhomes adjacent to Tavistock Farms. The Applicant or its successor will submit a tree preservation plan and preliminary grading plan for Planning Commission review and approval concurrently with the first subdivision or development plan. The Applicant or its successor will also work with Town Staff to develop up to three alternate stormwater channel designs which allow maximum tree preservation, alternate bank stabilization techniques and site specific landscape plantings to re-establish a naturalized channel which meets engineering standards. Three (3) CONCEPTUAL alternate stormwater channel designs will be submitted for Planning Commission review at initial preliminary subdivision plan submission, with FINAL alternate stormwater channel design prepared and submitted concurrently with site infrastructure construction drawings. In addition, the Applicant or its successor will supplement the existing vegetation where the proposed single-family homes abut the industrially-zoned land at the southern border of the Property and provide a buffer area as approximately shown on the Concept/Rezoning Plan. The proposed landscape buffering and vegetation supplementation shall be substantially as shown on the detailed drawings included in the Concept/Rezoning Plan (Exhibit A). The Applicant or its successor will preserve the significant areas of 25% slopes within Kincaid Park and the Commercial/Retail area as shown on pages 5, 10 and 12 of the Concept/Rezoning Plan. Homeowner's Association: When a Final Subdivision Plat (record plat) for Phase I (as described in the Development Schedule/Phasing Plan) has been approved, Applicant or its successor will establish a Homeowner's Association to be composed of all owners of residential lots on the Property. The Declaration of Covenants and Restrictions will be provided to the Town Attorney for review prior to recordation. The Homeowner's Association will be empowered to assess annual dues from its members and will manage and maintain the Common Areas, including the pedestrian trail system. Applicant agrees that the Final Subdivision Plat (record plat) for each phase of the project will contain the following notation: "Management and maintenance of the Common Areas and the pedestrian trail systems are the responsibility of the Homeowners Association." Further, Applicant or its successor will impose Restrictive Covenants appropriate to the character of the neighborhood by recording the Declaration of Covenants and Restrictions at the time the Final Subdivision Plat is recorded. 10. Fire Prevention: All builders of homes on the Property will offer to customers the option of installing a fire sprinkler system in the home at a price to be determined by the builder. 11. Emergency Access: Applicant or its successor will install temporary street signs during construction and shall maintain access to the Property for emergency vehicles during construction. 12. Development Generally: Development of the Property shall be in general conformity with the ConceptfRezoning Plan Application attached hereto as Exhibit A, including the Development Schedule/Phasing Plan shown on page 1 thereof, which shall control the general layout and general configuration of the property. The Applicant reserves the right to make minor alterations to the Development Schedule/Phasing Plan with respect to acreage in each phase and/or the balance of the residential unit types and construction of the commercial uses with the prior approval of the Land Development Official, provided such changes have no significant impact on the phasing of public improvements. Applicant or its successor reserves the right to submit other amendments to the Development Schedule/Phasing Plan or these proffers to the Town Council for review and approval. The general architectural design and materials shown in the Concept/Rezoning Plan are intended to be representational and to demonstrate the overall level of quality and finish of the homes and commercial/retail structures to be constructed on the Property. Residential unit rni~ will consist of architectural styles as shown on page 14 of the Concept/Rezoning Plan, with no more than two (2) similar styles adjacent to each other. A minimum of one upgrade facade option will be incorporated on each unit, including but not limited to: dormers, columns, masonry facade, window lintels, front porch. In addition: (a) chimneys on single family detached dwellings shall be masonry chimneys; Co) a minimum of twenty-five percent (25%) of all single family detached and single family attached dwellings shall have a brick facade; (c) a minimum of twenty percent (20%) of all single family detached and single family attached dwellings shall have a cedar shake roof (which may consist of architectural-grade shingles); and 64 Minutes of February 27, 1990 (d) the commercial/retail structures shall have a cedar shake roof (which may consist of architectural-grade shingles). Reasonable allowance shall be made for engineering and design alteration at the time of actual subdivision and/or site plan approvals, ff the Land Development Official determines that the proposed architectural styles at time of construction are significantly different from those shown on the approved ConceptfRezoning Plan, then the Applicant or its successor may submit new architectural plans and renderings for Town Council review and approval. Applicant acknowledges that the final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinance as well as Town engineering and construction standards. Applicant also acknowledges that ConceptfRezoning Plan approval does not express or imply any waiver or modification of the requirements set forth except as spedfically cited by ordinance section and paragraph in the motion for approval of this rezoning. Finally, Applicant acknowledges that housing density may be decreased below the maximum approved if necessary to provide, in the general locations indicated, all public facilities and proffered items to the appropriate Town standards. The Applicant represents that it has full authority to make these proffers and to execute this document, that these proffers are made voluntarily and shall be binding on all owners, heirs, successors and assigns. SECTION II. This ordinance shall be effective upon its passage. 90-28 - RESOLUTION - AUTHORIZING A CONTRACT WITH BCM POTOMAC, INC., FOR ENGINEERING SERVICES IN DESIGN AND CONSTRUCTION OF THE PHASE I WATER SYSTEM IMPROVEMENTS PROJECT WHEREAS, the 1987 Water System Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988, recommended the development of a Western Pressure Zone to address inadequate pressures and fire flow demands in the northwest section of the Wwn's water service area, including Normandy Village, Foxridge, Fairview, Rock Spring and Ayrlee subdivisions; and WHEREAS, this project was included in the town's 1989-94 Capital Improvements Program, adopted by Council on March 28, 1989; and WHEREAS, the Town of Leesburg duly advertised and received proposals on January 22, 1990, from nine engineering firms to provide these services pursuant to State and local procurement laws; and WHEREAS, the selection committee interviewed the highest ranked firms in accordance with Section 8-3 of the town's purchasing policies; and WHEREAS, the selection committee ~nked BCM Potomac, Inc., as the highest rated firm and has concluded contract negotiations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a lump sum contract on behalf of the town, in a form approved by the town attorney with BCM Potomac, Inc., in the amount of $103,000.00 for design and construction engineering services on the Phase I Water System Improvements project. 90-29 - RESOLUTION - AMENDING THE TOWN OF LEESBURG PURCHASING POLICY MANUAL WHE~, effective January 1, 1990 SECTION 11-56.1 of the 1950 Code of Virginia, as amended, requires governments contracting for construction contracts totalling $200,000.00 or more must include in their bid documents an option for the contractor to use an escrow account procedure for retainage of funds, if a retainage procedure is required; and WHEREAS, in order to comply with this Virginia Code requirement an amendment to the Town of Leesburg Purchasing Policy is necessary: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town of Leesburg Purchasing Policy is hereby amended to include the following section. SECTION 8.1-21.1. Deposit of certain retained funds on certain contracts with the Town. A. When contracting directly with contractors for contracts of $200.000.00 or more for construction of highways, roads, streets, bridges, parkin~ lots. demolition, clearing, eradin~, excavating, oaving, oile driving, miscellaneous drainage structures, and the installation of water, zas. sewer lines and oumping stations where portions of the contract price are to be retained, shall include in the Bid Proposal an option for the contractor to use an escrow account procedure for ufili~.ation of the Town's retainage funds by so indicating in the proposal documents. In the event the contractor elects to use the escrow account procedure, the "Escrow Agreement" form included in the Bid Proposal and Contract shall be executed and submitted to the Town within fifteen calendar days after notification. If the "Escrow 65 Minutes of February 27, 1990 Agreement" form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure. B. In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and the surety shall execute an "Escrow Agreement" form. The contractor's escrow agent shall be a trust company, bank or savings institution with its principal office located in the Commonwealth. The "Escrow Agreement" and all regulations promulgated by the Town entering into the contract shall be substantially the same as that used by the Commonwealth of Virginia Department of Transportation. C. This section shall not apply to contracts for construction of railroads, public transit systems, runways, dams, foundations, installation or maintenance of power systems for the generation and prima .fy and secondary distribution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telem~a~h or signal systems for public utilities and the construction or maintenance of solid waste or re.cycling facilities and treatment plants. D. Any such public contract for construction, which includes payment of interest on retained funds, may require a provision whereby the contractor, exclusive of reasonable circumstances beyond the control of the contractor stated in the contract, shall pay a specified penal .ty for each day exceeding the completion date stated in the contract. E. Any subcontract for such public prqiect which provides for similar progress payments shall be subject to the provisions of this section. 90-30 - RESOLUTION - APPROVING OUTDOOR OPERATIONS FOR A PORTION OF AREA 3 AND AREA 5 AS DESIGNATED ON THE APPROVED PRELIMINARY DEVELOPMENT/REZONING PLAN FOR #ZM-98 HIGH POINT ASSOCIATES. WHEREAS, rezoning application #ZM-98 by High Point Associates was approved on November 8, 1988, by Ordinance No. 88-0-39, and established a Planned Employment Center (PEC) zoning district with proffers; and WHEREAS, Beckham Dickerson applied on behalf of High Point Associates, on August 21, 1989 for outdoor operations associated with a proposed C & P regional office on a portion of the High Point Planned Employment Center (PEC) parcel; and WHEREAS, Section 7B-17(e) of the Zoning Ordinance states: "(e) Use Limitations. The following limitations apply to the use of land in a planned employment center in addition to any limitation provided in the ordinance establishing the district. (1) Ail operations shall be conducted within a fully enclosed building unless the Town Council finds that the outdoor operations are compatible with the planned employment center;" and WHEREAS, the proposed outdoor operations, subject to the conditions enumerated below, do not adversely affect the approved planned employment center, or the adjacent residential development and elementary school; and WHEREAS, this Council has determined that the proposed re-alignment of area 3 and area 5 to accommodate this proposal is in general conformance with the original rezoning action: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application for outdoor operations for a C & P Regional Headquarters only on a portion of area 3 and area 5 as designated on the approved preliminary development/rezoning plan for #ZM- 98 High Point Associates is hereby approved, subject to the following conditions: The layout and location of the outdoor operations shall be in general conformance to the concept plan dated February 6, 1990, prepared by Beckham W. Dickerson, Jr. An S-2 landscaping screen shall be required along the entire east and west boundaries of the site. o A maximum 5-foot berm with a 3 to 1 slope shall generally be required within an area approximately 30 feet wide along the entire east and west sides of the site, subject to final approval by the Land Development Official. The maximum allowable building square footage of area 3 shall be restricted to 119,000 square feet with a 20% open space requirement. Excess building construction from the other areas may not be averaged onto area 3. The architectural treatment of the C & P building and accessory structures, including the level of detail, scale and material shall be cohesive with the approved architecture of the office buildings depicted in Exhibit A of the approved rezoning plan. 90-31 RESOLUTION RECEIVING AND REFERRING THE APPLICATION OF LINI-IAB DEVELOPMENT CORPORATION FOR AN AMENDMENT TO THE LINDEN I-TTLT~ 66 Minutes of February 27, 1990 PLANNED DEVELOPMENT (#ZM-60) AND SETTING A JOINT PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, Section I of Ordinance No. 85-O-23 amending the Leesburg Zoning Map states: "The Linden Hill Concept Plan/Preliminary Development Plan, as amended for a maximum of 60 single-f,_mily condominium units, plus one single-f~mily residential unit and one clubhouse unit in the existing house, is approved and the Leesburg Zoning Map is revised to change from County R-2 to PRN, 10.3367 acres of land .... "; and WHEREAS, the applicant has now requested removal of the clubhouse from the existing main house and to relocate it in the building to be constructed adjacent to the proposed swimming pool and to allow the main house to be developed as a single-f~mily dwellin$-, and WHEREAS, the applicant has requested a joint public hearing on this application in order to allow for the prompt construction of the recreation facilities for the residents of Linden Hill: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Linhab Development Corporation, assigned rezoning number #ZM-117, for a concept plan amendment to #ZM-60 is hereby initiated and a notice of joint public hearing with the Planning Commission to consider rezoning application #ZM-117 shall be published in the Loudoun Times-Mirror. The notice shall be published on March 9, 1990, and March 16, 1990, for public hearing on March 27, 1990 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street. S.W., Leesburg, Virginia. The Clerk shall give notice of this joint hearing to the Planning Commission. 90-32 - RESOLUTION - GRANTING APPROVAL OF THE ENCROACHMENT INTO THE PUBLIC RIGHT-OF-WAY BY A HANDICAP RAMP TO BE LOCATED AT 17 ROYAL STREET, WHEREAS, the construction of a handicap ramp is required by Technical Services, the Loudoun County building department, for the renovation of this building; and WHEREAS, the addition of the ramp will not detract from the architectural significance of this historic building; and WHEREAS, the design and construction details will be reviewed by the Board of Architectural Review; and WHEREAS, the proposal as been reviewed by the Director of Engineering and Public Works who found the new construction to be acceptable; THEREFORE, RESOLVED by the council of the town of Leesburg in Virginia, as follows: The council hereby grants permission for the property owner to construct a handicap ramp within sixteen (16) feet of in the public right-of-way at 17 Royal Street" S.W. 90-33 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GOVERNOURS SQUARE PHASE I CONDOS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Governours Square Phase I Condos. SECTION II. The extension of municipal water and sewer for Governours Square Phase I Condos is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION Ill. The irrevocable bank letter of credit in a form approved by the town attorney from the Sovran Bank N.A. in the amount of $416,071.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Governours Square Phase I Condos. 90-34 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR GOVERNOURS SQUARE PHASE I TOWN'HOUSES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for 67 Minutes of February 27, 1990 Governours Square Phase I Townhouses. SECTION Il. The extension of municipal water and sewer for Governours Square Phase I Townhouses is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from the Sovran Bank N.A. in the amount of $1,641,325.95 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Governours Square Phase I Townhouses. 90-35 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND AUTHORIZING A TIME EXTENSION FOR PUBLIC IMPROVEMENTS INSTALLATION IN FOX CHASE SECTION I WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Fox Chase Section I and certified that the value of work performed exceeds $248,000.00; and W-I-IEREAS, a letter of credit from Sovran Bank in the amount of $310,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for Fox Chase Section I. WHEREAS, Pulte Home Corporation, the developers of Fox Chase Section I have not completed all of 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 Sovran Bank dated March 15, 1988, which guarantees the installation of public improvements in the amount of $310,000.00 will expire on March 15, 1990. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from Sovran Bank in the amount of $310,000.00 is reduced to $62,OOO.OO. SECTION II. The Town Manager shall notify the developer that liability for the letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the contract for public improvements for Fox Chase Section I. SECTION III. A time extension of one year for installation of public improvements is hereby approved. 90-36 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT 201 AND 203 LIBERTY STREET V(HEREAS, 201 Joint Venture, the developer of 201 and 203 Liberty Street has completed the 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 from Sovran Bank in the amount of $10,297.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $514.85 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 charges. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey Tolbert and Mayor Sevila Nay: None Absent: Forester On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following ordinance was proposed and unanimously adopted. 90-0-6 - ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE WHE~, Loudoun County elderly and handicapped residents are eligible for expanded eligibility requirements for real estate tax relief; and WHERF, AS, at the urging of the Town Council members, Senator Charles Waddell amended legislation before the General Assembly to expand Leesburg's requirements for tax relief for elderly and disabled persons to match those of Loudoun Count~. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Minutes of February 27, 1990 SECTION I. Section 17-1.1 of the Town Code is amended to read as follows: Sec. 17-1.1. Tax Relief for the elderly and totally and permanently disabled. (a) Definitions. As used herein: (1) "Total gross combined income" means gross income from all sources of the owners of the dwelling residing therein and of any relatives of the owner who reside in the dwelling, provided that the $6,500 of income of each relative, other than the spouse of the owner or owners, who is living in the dwelling shall not be included in such total. (2) "Net combined financial worth" means all assets less liabilities of the owners of the dwelling and of the spouse of any owner who resides therein, including equitable interests, excluding the value of the dwelling and the land in an amount not to exceed one acre upon which it is situated. (3) "Affidavit" means the real estate tax exemption or deferral affidavit. (4) "Town" means Town of Leesburg, Virginia. (5) "Town Council" means the Town Council of the Town of Leesburg. (6) "Director of Finance" means the Director of Finance of the town or any of his duly authorized agents. (7) "Deferral" means deferral from the town real estate tax according to the provisions of this chapter. (8) "Dwelling" means the full-time owned residence of the person or persons claiming exemption or deferral; and the land on which it is situated, not to exceed one acre. (9) "Exemption" means exemption from the town real estate tax according to the provisions of this chapter. (10) "Head of Household" means the primary earner of income, between the husband and wife, who either jointly or solely owns the dwelling and qualifying land on which tax relief is sought. (11) "Person" means a natural person. (12) "Permanently and totally disabled" means a person who has been certified by the Veterans Administration, or the Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two medical doctors licensed to practice medicine in the Commonwealth, one of who practices medicine in Leesburg, to the effect that such person is permanently and totally disabled. The affidavit of at least one such doctor may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability. For purposes of this section, the terms "permanently and totally disabled" shall mean unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. (13) "Property" means real property. (14) "Taxable year" means the calendar year, from January 1 until December 31 for which exemption or deferral is claimed. Sec. 17-1.2. Exemption or deferral authorized; effective date. (a) Real estate tax exemption or deferral is provided for qualified property owners who are not less than sixty-five years of age or who are permanently and totally disabled and who are eligible according to the provisions of this chapter. Persons qualifying for exemption or deferral are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth. (b) The effective date of this chapter shall be January 1, 1985. Sec. 17-1.3. Administration of exemption or deferral. 69 Minutes of February 27, 1990 The exemption or deferral shall be administered by the DirecWr of Finance according to the provisions of this chapter. The Director is hereby authorized to make an inquiry of persons seeking such exemption or deferral in conformity with the provisions of this chapter, including the requiring of answers under oath, as may be reasonably necessary to determine qualifications for exemption or deferral as specified by this chapter. The Director may require the production of certified income tax returns and appraisal reports to establish income and/or financial worth. Sec. 17-1.4. Requirements for exemption or deferral. An exemption or deferral shall be granted subject to the following provisions: (a) The title of the dwelling for which an exemption or deferral is claimed is held, or partially held, on January I of the taxable year by the person or persons claiming the exemption or deferral. (b) The person or persons occupying the dwelling and owning title, or partial title, thereto is not less than sixty-five years of age on December 31 of the year immediately preceding the taxable year, or the person or persons occupying such dwelling are considered to be considered to be permanently and totally disabled as defined in Sec. 17-1.1(12) of this ordinance. (c) A dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five or is permanently and totally disabled. Such exemption or deferral program shall be subject to the following restrictions and conditions: (1) The gross combined income of the owner or owners during the year immediately preceding the taxable year did not exceed +~ ...... n ~^un~ t~oo ~nm forty thousand dollars ($40,000. Gross combined income includes all income from all sources of the owner or owners and of owners' relatives living in the dwelling for which the exemption or deferral is claimed, provided that the first six thousand five hundred dollars ($6,500) of income of each relative, other than the spouse, of the owner or owners, who is living in the dwelling, shall not be included in such total. Also excluded from gross income is all of the income received by an owner for permanent disability for the preceding year up to a maximum amount of $7,500. (2) The total combined net financial worth of the owner or owners as of December 31 of the year immediately preceding the taxable year did not exceed ~c;'cn~' five thcu~n~ ($75,000) one hundred fifty thousand dollars $150,000. Total net financial worth shall include the value of all assets, including equitable interests, of the owner or owners and the owners' spouse, and shall exclude the fair market value of the dwelling and the land upon which it is situated, not exceeding one acre, for which the exemption or deferral is claimed. Sec. 17-1.5. Claiming an exemption or deferral. (a) Annually, and not later than May 1 of the taxable year, the person or persons claiming either an exemption or deferral must file a real estate tax exemption or deferral affidavit with the Director of Finance. Those applying for an exemption or deferral for the first time must file on or before September 1 of the tax year for which relief is sought. The Director shall have the discretion to permit applicants to file after these deadlines in cases of genuine hardship. (b) The affidavit shall set forth in a manner prescribed by the Director the names of the related persons occupying the dwelling for which the exemption or deferral is claimed, their gross combined income and the total combined net worth of the owners and spouses. The affidavit shall also state whether or not the person or persons claim the exemption or the deferral option and, if the deferral, the amount of deferral claimed, up to 100% of the real estate tax liability. (c) If, after audit and investigation, the Director determines that the person or persons are qualified for an exemption or deferral, he shall so certify and shall deduct the amount of the exemption or deferral from the claimant's real estate tax liability. Sec. 17-1.6. Amount of exemption. The person or persons qualifying for and claiming an exemption shall be relieved of all real estate tax liability for that portion of the real estate tax levied on the qualifying dwelling and land. 7O Minutes of February 27, 1990 Sec. 17-1-7. Amount of deferral; repayment of deferred taxes. The person or persons qualifying for and claiming a deferral shall be relieved of all real estate tax liability levied on the qualifying dwelling and land. The accumulated amount of taxes deferred shall be paid, without penalty and with interest in the amount of 8% per year, to the Director of Finance by the vendor upon the sale of the dwelling, or from the estate of the decedent within one year after the death of the last owner thereof who qualifies for tax deferral under the provisions of this chapter. Such deferral of real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the deferral under the provisions of this chapter. However, such liens shall, to the gross price for which such real estate may be sold, be inferior to all other liens of record. Sec. 17-1.8. Changes in status. Changes with respect to income, financial worth, ownership of property, medical status or other factors occurring during the taxable year for which the affidavit is filed, and having the effect of exceeding or violating the limitations and conditions provided in this chapter, shall nullify any relief of real estate tax liability for the then current taxable year and the taxable year immediately following. Sec. 17-1.9. False Claims. Any person or persons falsely claiming exemption or deferral shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more that $300.00 for each offense. SECTION II. This ordinance shall be effective July 1, 1990. Mr. York explained that this legislation will allow the town to increase the income and net worth limits for individuals that qualify for tax relief. Currently, anyone that earns $22,000.00 per year or has a net worth of $75,000.00 qualifies for a tax relief. Under the proposed legislation those limits will be increased to $40,000.00 and $150,000.00. Making these changes will broaden the scope of the criteria that is used to determine who is eligible for tax relief. This should also make it so that a greater number of individuals can take advantage of this. If someone qualifies for this program, they are totally exempt from paying town real estate tax. Mr. Clem is glad that the town has taken this initiative. Mr. Muloke¥ thanked Senator Waddell for his efforts, in the State Legislature, in getting this legislation passed to include the town. Mr. Kimball asked that a copy of this resolution be sent to Senator Waddelh Aye~ Nay: Absent: Councilmember Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila None Forester On motion of Mr. Mulokey, seconded by Mr. Lovin, the following resolution was proposed and adopted. 90-37 - RESOLUTION - ADOPTING THE VDOT ROUTE 7 CORRIDOR CONCEPT PLAN AND AMENDING THE TOWN PLAN TRANSPORTATION POLICY MAP. WHEREAS, the Virginia Department of Transportation originally prepared the Route 7 Corridor Plan in March, 1986, for review and adoption by both the Town of Leesburg and the County of Loudoun; and WHEREAS, the original 1986 Route 7 Corridor Plan, which extends from the Route 7/15 Bypass east to the corporate limits at Route 653, is generally reflected on the Transportation Policy Map of the 1986 Town Plan, as amended; and WHEREAS, the Town Council by Resolution #87-41 dated February 25, 1987, formally requested that the Virginia Department of Transportation designate Route 7 from the Route 7/15 Bypass to the eastern corporate limits of Leesburg as a limited access facility; and WHEREAS, the County of Loudoun Board of Supervisors adopted the VDOT Route 7 Corridor Plan, as amended, exclusive of the portion of the plan within the Town of Leesburg on October 3, 1988 in order to implement the limited access designation for Route 7 in Loudoun County; and WHE~, it was deemed desirable to update the original 1986 VDOT Route 7 Corridor Plan to reflect all elements of the Town Plan Transportation Policy Map, as amended, including the adopted East Battlefield Parkway Alignment Study, as wen as current development plan roadway alignments; and 71 Minutes of February 27, 1990 WHEREAS, the Town Council initiated the adoption of a revised VDOT Route 7 Corridor Plan on July 11, 1989; and WHEREAS, the Leesburg Planning Commission held a public hearing on September 28, 1989; and WHE~, the Leesburg Planning Commission recommended approval of the VDOT Route 7 Corridor Plan, with revisions, on October 12, 1989, and WHEREAS, the Town Council held a public hearing on November 14, 1989; and WHEREAS, the VDOT Route 7 Corridor Plan has been further refined to address concerns raised at both public hearings; and WHEREAS, without adoption and ultimate implementation of the VDOT Route 7 Corridor Plan, Route 7 will operate at an unacceptable Level of Service and be detrimental to properties adjacent to Route 7 which desire safe and convenient access to their properties; and WHEREAS, adoption of the VDOT Route 7 Corridor Plan will serve as an important planning tool for the rapidly developing eastern quadrant of Leesburg, and will serve to implement the goals and objectives of the Town Plan, as amended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Transportation Policy Map element of the Town Plan 1986, as amended, shall be further amended to reflect the VDOT Route 7 Corridor Plan dated November, 1989 and attached hereto. SECTION II. This long-range conceptual transportation plan serves to implement the adopted limited access designation for Route 7. Interchange, road network, and access alternatives may be submitted to the Town and VDOT for consideration and possible amendment to the plan, provided such alternatives meet Town of Leesburg and VDOT standards. Further, existing access and entrances along Route 7 within the Town of Leesburg will be retained until such time as equitable alternative access from Route 7 to the property is provided. SECTION III. This resolution shall be effective upon its passage. Mr. Clem said that Mr. Stanley with the Virginia Toll Road Corporation did a super job, this evening, telling the Council and public about the proposed toll road. Mr. Clem believes, ultimately, it will take traffic off of Route 7. He is concerned with Route 7, as we recognize it today - it is not going to improve to a better level of service by making it a limited access highway. We are also in a position where the toll road has not been finalized to the existing bypass around Leesburg. As we stand today, improving the highway to six lanes, there will be a bottleneck at. the bypass - the bypass is still two lanes in each direction and will not be able to handle the traffic that will be at the cloverleaf. Mr. Clem feels that we will have problems with access to existing businesses which generate tax revenue for the town. If we lose that revenue, it will be passed down to the citizens of Leesburg. Our taxes are high enough. We need to explore some avenue of dispersing the traffic, when it crosses Goose Creek, to send it either in a northerly or westerly direction. Making Route 7 a limited access does not benefit the citizens of Leesburg. It is a detriment. Mr. Lovin stated that he does not share the same view as Mr. Clem, especially in regard to limited access. In 1987 the Town Council designated Route 7 as a limited access road. Mr. Lovin favors Route 7 being a limited access road because of the amount of development that is planned for this area. Limited access will benefit the movement of traffic. The County has designated the section of Route 7 that goes through the County as limited access. Enacting this legislation will provide a planning tool. It does not necessarily mean that Route 7 will not be investigated further into the future. The situation now requires the town to do something. Mr. Lovin favors the legislation and will vote for it. Mr. Mulokey wished to answer some of the questions raised, this evening, regarding the Route 7 Corridor Plan. The first - why should we adopt this plan now. Unless we adopt a plan and make a clear statement to all those who will be developing along this corridor, it is most likely they will go into modes of development that would be unfortunate for the long term growth of the community. Three items, come to Mr. Mulokey's mind, in terms of urgency. First of all is the hospital. We have heard the hospital indicate that they wanted to leave town because of the traffic problems coming into town from the east. The plan, as it is proposed for adoption tonight sends a dear message to the hospital that the Town of Leesburg wants to eliminate the traffic problem and keep the hospital in town. The second reason for the urgency is the County administration center. One of the objections that was made to Leesburg's Stratford site was a concern for traffic access to that site. This plan clearly says to the County that we intend to provide quick access to that site. The third reason for urgency is the Virginia Toll Road Corporation's preparation to break ground in the near future. It is important for the town to get a plan in place, right away, which will allow us to improve the bypass and the intersection at Route 15 and Route 7. This plan is not perfect, however, it is the combined efforts of a number of professional traffic engineers who are objective and who have no personal interest in how the roads are designed. I believe that they have the most professional objective interest in moving traffic around our community. The plan was reviewed by the town's Planning Commission 72 Minutes of February 27, 1990 and was recommended for approval by the Planning Commission. The alternative plan is one that would leave, in place, a traffic jam at the eastern entrance of the town. I cannot see the wisdom in spending tens of thousands of dollars an acre to purchase new land while we leave a traffic jam at the entrance to our town. It is my understanding this plan is a conceptual plan which does not constrain us to any particular type of interchange design but does allow us a framework for developing a particular design within the constraints of the overall plan. The sooner we adopt this plan the better it is going to be for all of the citizens of Leesburg. Mr. Kimball believes that conceptually it is a good plan but its not good enough. In my opinion this plan moves traffic into the community and does nothing to move traffic around the community. At the February 21, Planning and Zoning Committee meeting I asked specifically about the termination of Route 653 northbound - I found it curious that nobody answered the question. This week in our packets we received the Washington By-Pass Study. It is interesting to note that the people that brought us the Route 7 Corridor Plan are the same people that are bringing us the plan for the western bypass. Which means Route 653 going across two points in Maryland to run to unestablished points. If the parallel lines were laid along Route 7, two years ago, and subsequent to that time became involved in a Washington Bypass Study, then there is sort of a master plan and it is up to us to piece meal it together and make some sort of sense out of it. It is short sighted to give us Route 653 that goes a couple of hundred yards north of Route 7 and terminates - when it seems to be part of a larger master plan that hinges upon Maryland's acceptance. It seems there is some type of a strong-arm package which is foreign to me. With regard to the hospital, I too share everyone's concern with the hospital leaving our community. The proper place for the hospital is in the community. However, using the Route 7 Corridor Plan as a basis for their wanting to move is somewhat short sighted. My understanding of the hospital's move is that they expect not to do anything for 2 or 3 years. They are still analyzing their particular position, searching for the proper location. When in fact the Route 7 Corridor Plan is a 15 to 20 year plan. I don't understand how that can actually favor or not favor the hospital. With regard to the County administration building, I think the toll road will help that situation tremendously and the Battlefield Parkway connecting to Route 7 will help that situation as well. I have been opposed to it and I remain opposed to it. Mayor Sevila said that he has listened to the comments in the work sessions and tonight. He noted that 5 of the 7 councilmembers commute Route 7 everyday. He looks at this decision as one that is a step in a long term process. It is the lack of long term planning that has created the problems throughout Northern Virginia. We can't sit here and treat t~oute 7, east of the bypass, as a Leesburg street. It doesn't function that way and we must recognize that it is a very important part of a regional transportation network. What we are doing now is putting in place the planning that will enable, as late as a generation from now, significant improvements to be made on Route 7 to keep it from absolutely stalling - gridlock. I have listened to Mr. Clem's comments and we just disagree. You say it is a road for somebody else going someplace else - I don't believe that. A perfect example - 5 out of our 7 councilmembers use that road. It is a road that is literally traveled by our citizens frequently if not on a daily basis. We can't ignore the crying need for some long term planning. Being critical of VDOT does not gain us anything. VDOT is the agency that has been designated by the Governor, by legislature, to do our planning. We have our own planning staff, we have received the input from independent consultants, all of whom concur that something drastic needs to he done with Route 7. To the property owners along Route 7, who are concerned that we are adversely affecting property values - your property values are not going to decline as a result of sound transportation planning. Route 7 is going to be the part of a network of roads in eastern Loudoun County. A network of roads that will be put in place to assure that there is better access to all of the properties. I hope that I am around, in 15 to 20 years, when the effects of this planning actually come to fruition. The properties along Route 7 will be worth far more than they would have been if Route 7 was left to develop as it is today. We have a problem situation, we are foolish to turn our backs on it. I support this plan. This is the second or third consistent step taken by this Council beginning in 1986. I do not discount the fact that all the government centers are being evaluated, including the Leesburg site, based on accessibility. I don't discount the fact that we had representatives from the hospital tell us that one of the reasons they are forced to consider moving out of Leesburg is the inability to get to and from Leesburg from the east during rush hour. These are the planning criteria that are being used by the two biggest employers in the Town of Leesburg as justification, at least in pa~ for wanting to leave the Town of Leesburg. It is an important entrance and we must keep it open at all hours of the day and designating Route 7 as a limited access is an important step in doing that. Mr. Kimball assured everyone that he is convinced that something must be done. He agrees that this section of Route 7 is part of a large regional network - it is interesting that the network seems to stop at Leesburg. There is no networking around Leesburg. Aye: Councilmembers Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: Counci]members Clem and Kimball Absent: Councilmember Forester 73 Minutes of February 27, 1990 On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted. 90-38 - RESOLUTION - CONCURRING IN BOUNDARY LINE ADJUSTMENT WITHIN FAIRVIEW SUBDMSION, ON BLOCK F LOTS 7-12, PERSHING AVENUE, PURSUANT TO SECTION 13-55.3 OF LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS WHEKEAS, the recorded subdivision plat of Fairview Subdivision, Block G, as recorded in the land records of Loudoun County, shows five boundary lines separating lots 7-12; and WHEREAS, these lots do not meet various requirements of the Leesburg Zoning Ordinance and are classified as non-conformin~ and WHEREAS, the residents of the neighborhood have expressed concern regarding the development of single family homes on twenty-five foot lots; and WHEREAS, the owner of these lots desires that two boundary lines separating lots 7-12 be vacated to create four lots that will not increase the non-conformity of the lots and will allow construction of homes similar in size to homes in the existing neighborhood; and WHEREAS, Title 15.1-483.1 of the Code of Virginia, as amended vests the governing body the authority to relocate or otherwise alter the boundary lines of any properly recorded plat of subdivision or resubdivision; and WHEREAS, the Land Development Official has been vested with the authority to administratively vacate lines by Section 13-55.3 of the Subdivision and Land Development Regulations: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: This Council concurs with the Land Development Official's decision to vacate two boundary lines on Block G, Lots 7-12 to create four equal sized lots pursuant to Section 13-55.3 of the Subdivision and Land Development Regulations. Mr. Clem asked if the Council could vacate the boundary lines without going through a public hearing. Ms. Imhoff stated that George Martin has reexamined the state language on lot vacation and believes that a public hearing is not necessary. If Clem asked if the town was still creating non- conforming lots. Ms. Imhoff stated that is correct - these lots will not meet the existing or proposed zoning ordinance for that area. Those lots are protected under the Code of Virginia. We cannot take away the legal right to make use of that properly, legally recorded parcel. Mr. Lovin asked if the neighboring residents were satisfied with the proposed compromise. Ms. Imhoff reported that staff asked the developer to take this compromise to the people who live in that neighborhood. Staff has not received a reading back from the residents. People were encouraged to come to tonight's meeting and state their views. Earlier, some of the residents had been satisfied. Mr. Minor stated that Mayor Sevila alerted him, approximately 30 days ago, to the problem in that neighborhood. The town's zoning department told the builder to go into the neighborhood, show them what you intend to build, see what the community reaction is and let staff know. The builder did this and came back with the concept of going from 6 homes to 4 on the six lots. The Land Development Official can accomplish boundary line adjustments. Staff believes that this is a very sensitive issue and of great concern to the Council and citizens and believes this matter needed to be elevated to Council for evaluation. Mr. Kimball would like to have a public hearing on this issue in order to hear from the citizens. Mr. Mulokey is afraid that by holding a public hearing, and not telling the builder something soon, the builder will seek recourse in court and we will have done the citizens of this community a disservice. This is a risk in delaying any further. Mayor Sevila stated that this isn't anything new to the Council. The subject subdivision has been the source of constant problems in the courts, before this town government and before our staff, for years. We have seen an effort by the neighbors to achieve some kind of compromise Mr. Clem said we are, in effect, establishing non-conforming lots. Mayor Sevila repeated that we have seen an effort by the property owners to achieve some kind of compromise and it appears that the developer has also made an effort. The real question is whether or not we are satisfied with the effort and whether or not we would concur in what staff' has recommended and that is, create by boundary line adjustment - 4 lots where there are now 6. Mr. Clem agrees with what the developer is doing. It is another opportunity to get rid of those 25' lots. I still have some reservations. Mr. Dale Conklin the developer said that he has talked to the adjacent property owners on a couple of occasions. Basically, they do not like what he is doing but they are willing to accept the 4 lots because he is in a bad position. They want to make sure that this does not happen again. As it 74 Minutes of February 27, 1990 is now, I am losing 2 lots and taking a $50,000 loss that has to be redistributed among 4 lots. I have lost engineering/architectural fees, etc. This is a difficult situation all the way around. Mr. Clem understands the bind that Mr. Conklin is in. It is an unfortunate situation. If the citizens support what Mr. Conkliu just said, and as long as legislation is put in place so that this does not occur again, then a di~erent light is put on the situation. Mr. Minor said that Deputy Town Attorney Deborah Welsh will develop some language that will allow us to insure that this will not happen again. Mayor Sevila concurs with Mr. Conklin, in that, he bought these lots at a certain price with certain expectations. This is a delicate balance that we are trying to achieve. Forcing the issue any further is risky business particularly since Mr. Conklin's next appeal would be to a judge who might take an interest in the amount of investment that he has made in the property and what his expectations were and whether or not the town can, almost after the fact, affect his value. Mayor Sevila wished to assure the citizens that the Council was doing the right thing in accepting this proposal. Not to say that we could have done better had we started working on this s/x months earlier. We started dealing with the problem when it became focused. We can take a serious look at the number of vacant lots and see what can be done with respect to them. To see that the lot widths are out to a compatible width and be assured that it will not have an adverse affect on property values or the quality of life on these streets. Aye: Councilmembers Lovin, Mulokey, Tolbert and Mayor Sevila Nay: Councilmember Clem Abstain: Councilmember Kimball believes that this matter was a staff decision. the actions but would like to abstain from the vote. Absent: Councilmember Forester He supports On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 90-39 - RESOLUTION - OBSERVING AND HONORING THE MONTH OF FEBRUARY AS BLACK HISTORY MONTH WHERFu~, in February of 1926, sixty-one years after the ratification of the thirteenth Amendment to the United States Constitution, Dr. Carter G. Woodson, a noted historian, felt a need to recognize the achievements and contributions of Black Americans in this country; and WHEREAS, the month of February was appropriately chosen to recognize the achievements of Black Americans as it contained the birthdays of Abraham Lincoln and Frederick Douglass, and the traditional one-week observance was expanded in 1976 to include the entire month of February: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The month of February, 1990 is hereby proclaimed as BLACK HISTORY MONTH and the citizens of Leesburg are urged to join in recognizing the importance of Black History Month and in educating the young people of our community in preserving and remembering the accomplishments of Black Americans throughout the history of our great nation. Mr. Tolbert asked who did the research on this resolution. Mr. Minor reported that Barbara Markland obtained samples from other localities. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Forester Mayor Sevila, in light of the late hour, suggested that the Special Meeting to discuss the Draft Zoning Ordinance, be carried over to the March 7, 1990 Planning and Zoning Committee meeting. On motion of Mr. Clem, seconded by Mr. Mulokey, the Special Meeting to discuss the Draft Zoning Ordinance was deferred to the March 7, 1990 Planning and Zoning Committee Meeting. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Councilmember Forester Mr. Lovin made the following motion: Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(3) of the 1950 Code of Virginia, as amended. The public business matter to be discussed is the acquisition of easements for the Peer Manor offsite storm drainage project. The Town Manager, Town Attorney and Director of Engineering and Public Works are requested to remain for the meeting. The motion was seconded by Mr. Mulokey. Aye: Counc/lmembers Clem, Kimball, Lovin, Mulokey, Tolbert and M~vor Sevila Nay: None Minutes of February 27, 1990 Absent: Forester Mr. Lovin made the following motion: I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its public meeting and that the minutes of the public meeting reflect that no formal action was taken in the Executive Session. The motion was seconded by Mr. Clem. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Forester On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted: 90-40 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF FEBRUARY 27, 1990 WHE~, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Committee and in accordance with the provisions of the Virginia Freedom of Information Act: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said Executive Session was convened were heard, discussed or considered by the Town Council of the Town of Leesburg. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Forester The public meeting was reconvened at 11:30 p.m. On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolutions were proposed and unanimously adopted. 90-41 - RESOLUTION AUTHORIZING AN OFFER TO AGNES DIZEREGA COOK FOR PURCHASE OF A STORM DRAINAGE EASEMENT NEEDED FOR THE PEER MANOR OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING CONDEMNATION PROCEEDINGS WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call for extensive storm drainage improvements at the western ~/~ intersection of West Loudoun Street and West Market Street and a new channel to Town Branch from West Loudoun Street; and WHEREAS, alternative box culvert routes have been evaluated, the design has been completed and construction plans approved; and WHEREAS, easements for the underground box culvert are required to allow this project to proceed; and WHEREAS, completion of this project during the 1990 construction season is a high priority since this will correct severe flooding problems on West Loudoun Street and West Market Street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Agnes DiZerega Cook is hereby offered a sum of $1,000.00 plus landscaping installed by the town as just compensation for the easement shown on the attached plat and described in the easement documents. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the easement and does hereby authorize the Town Attorney to file the requisite petition for condemnation and early entry in order to construct the storm drain system on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $1,000.00 payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 90-42 - RESOLUTION - AUTHORIZING AN OFFER TO STANLEY F. CAULKINS FOR PURCHASE OF A STORM DRAINAGE EASEMENT NEEDED FOR THE PEER MANOR OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING CONDEMNATION PROCEEDINGS 76 Minutes of February 27, 1990 WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call for ex~nsive storm drainage improvements at the western "h~ intersection of West Loudoun Street and West Market Street and a new channel to Town Branch from West Loudoun Street; and WHEREAS, alternative box culvert routes have been evaluated, the design has been completed and construction plans approved; and WHEREAS, easements for the underground box culvert are required to allow this project to proceed; and WHEREAS, completion of this project during the 1990 construction season is a high priority since this will correct severe flooding problems on West Loudoun Street and West Market Street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Stanley F. Caulkins is hereby offered a sum of $7,000.00 plus landscaping installed by the town as just compensation for the easement shown on the attached plat and described in the easement documents. SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the easement does hereby authorize the Town Attorney to file the requisite petition for condemnation and early entry in order to construct the storm drain system on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $7,000.00 payable to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. 90-43 - RESOLUTION - AUTHORIZING AN OFFER TO HERBERT D. INGRAM AND MARY E. INGRAM FOR PURCHASE OF A STORM DRAINAGE EASEMENT NEEDED FOR THE PEER MANOR OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING CONDEMNATION PROCEEDING WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call for extensive storm drainage improvements at the western '~/~ intersection of West Loudoun Street and West Market Street and a new channel to Town Branch from West Loudoun Street; and WHEREAS, alternative box culvert routes have been evaluated, the design has been completed and construction plans approved; and WHEREAS, easements for the underground box culvert are required to allow this project to proceed; and WHEREAS, completion of this project during the 1990 construction season is a high priority since this will correct severe flooding problems on West Loudoun Street and West Market Street. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Herbert D. Ingram and Mary E. Ingram are hereby offered a sum of $4,000.00 plus $7,000.00 for landscaping as just compensation for the easement shown on the attached plat and described in the easement documents. SECTION II. In event this offer is not accepted in writing within ten (10) days from receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire the easement and does hereby authorize the Town Attorney to file the requisite petition for condemnation and early entry in order to construct the storm drain system on behalf of the Town of Leesburg and does authorize the Director of Finance to issue a check in the sum of $11,000.00 payable to the Clerk of Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Forester On motion of Mr. Mulokey, seconded by Mr. Clem, the meeting was adjourned. Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Absent: Forester --~le~k o£ Counc±l Rob'e~t' E. 'Sev~f l~yor Town of Leesburg