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HomeMy Public PortalAbout1994_06_28297 TOWN COUNCIL MEETING MINUTES OF JUNE 28, 1994 A regular meeting of the Leesburg Town Council was held on June 28, 1994, at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Bange. SALUTE TO THE FLAG was led by Councilmember Blake ROLL CALL Councilmembers present George F. Atwell Georgia W. Bange Ronald W. Blake (departed at 8:00 p.m.) Joseph R. Trocino (absent) Kristen C. Umstattd William F. Webb Mayor James E. Clem Also present were councilmembers-elect Frank Buttery and Jewel Emswiller Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Gary Huff Director of Planning, Zoning and Development Michael Tompkins Zoning Administrator Scott Johnson Town Attorney George Martin Deputy Town Attorney Deborah Welsh Town Clerk Barbara Messinger APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Ms. Bange, the special meeting minutes of June 14, 1994 (6:00 p.m.), June 14 1994 (10:30 p.m.), and June 21, 1994 were approved as written. Special meeting minutes of June 23, 1994, were approved as corrected by Councilmember Atwell. VOTE Nay: Absent: Abstain: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None Councilmember Trocino Councilmember Atwell (June 21, 1994, June 23, 1994), Councilmember Blake (all meetings), Councilmember Umstattd (June 14, 1994 - 6:00 p.m., June 21, 1994, June 23, 1994) CERTIFICATES OF APPRECIATION Mayor Clem presented Certificates of Appreciation to Councilmembers Georgia W. Bange and R. W. Blake. MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following proclamation was proposed and adopted. PROCLAMATION Month of July as Parks and Recreation Month WHEREAS, parks, open space, play, recreation and positive leisure experiences provide quality of life for our community; and WHEREAS, parks, recreation activities and leisure experiences create connections between people, promote harmony and sense of belonging; and WHEREAS, recreation activities provide outlets for stress, options for physical activity, fun and preventative health insurance for all; and WHEREAS, parks, playgrounds, trails and recreation centers make a community an attractive and desirable place to live, work, play and visit; and 298 WHEREAS, parks, greenways, trails, and open space protect and preserve our natural environment and heritage for the future; and WHEREAS, parks and recreation activities touch the lives of individuals, families and entire communities; and WHEREAS, parks and recreation activities impact upon the social, economic health, and environmental aspects of our community: THEREFORE, I, James E. Clem, Mayor of the Town of Leesburg do hereby proclaim the month of July 1994 as Parks and Recreation Month. Citizens are encouraged to celebrate by participating in their choice of quality of life activities and experiences, as well as maintaining these healthy and happy activities and attitudes throughout the year. VOTE Nay: Absent: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None Councilmembers Blake and Trocino PETITIONERS A representative of the YMCA announced that the 3rd Annual Rubber Ducky River Race would be held July 23, 1994 from 11 a.m. to 2 p.m. Kevin GoeRer, representing the Ward Airpark, spoke about the advantages the Airpark has to offer as a possible site for the proposed county complex. He stated the Airpark offers the best alternative for the Town of Leesburg and Loudoun County. Mary Fishback, representing the Balch Library Advisory Commission, read the Commission's mission statement. The statement is made a part of the official record. Bob Ellis, President of the Leesburg Volunteer Fire Company made the following statement. "On Thursday June 23, the Leesburg Town Council, in executive session, requested from the LVFC a commitment to a specific parcel of land to be used as a public safety site to house both the police and fire company. As part of that commitment, you requested that we commit $325,000 toward the purchase of said property and in return would receive the land, leased back from the Town of- Leesburg. When I requested further information regarding the acquisition of the proposed parcel, I was met with a decisive, 'this is all the information we are going to provide you'. When I attempted to explain that there was no way the LVFC can commit to provide funding to the town for the purchase of a site without fur disclosure of the financial information I was told, 'this is all you're going to get. Take it back to the Company and tell them.' In a recent interview Mayor Clem had with WAGE Radio regarding a meeting he attended with county officials to discuss the county complex, he stated, he was not very pleased with the outcome because they were very vague about their intentions. If Mayor Clem was upset about that meeting, then he should understand the position of the LVFC when we tell you that we are very displeasedwith the about face the Council has taken regarding, including the LVFC, and any actions which would require the use of LVFC funds. It was the intention of our request from the LVFC to the Town Council for assistance in the acquisition of a site to help our monetary exposure so we could build, equip, and man the new station. As a volunteer organization, we are limited in the activities in which we can raise funds, and stir maintain time to provide the necessary training activities and emergency assistance required to protect the citizens and businesses in the Town of Leesburg and the surrounding areas. In a meeting, Sunday June 26, 1994, the LVFC recommended we consider your proposed site, however, in order for any formal commitment to be made, aR offers must be placed in writing to the LVFC. Any offer requiring company funds must be accompanied with fur financial details. It should be noted that the site studied, we feel that the site requested for consideration is third as far as long term protection at the area to be served. However, we will consider your offer location once the details are placed in writing and provided to the company. We feel that if the Town Council truly wants to work in the spirit of cooperation, it should not be hard to understand why any decision which requires funding from the LVFC, needs to be placed in writing and all necessary details included." Mayor Clem made the following comments. "Mr. Ellis, I would like to say a couple of things. One, I did receive both of your letters. The first one, I did not respond to because it wasn't signed, of course the one delivered yesterday was. But I think we need to go back to paragraph 1. I think here lies a problem that the Council and the fire company have had. We ask you to commit to a specific parcel of land. We did not ask you to commit to anything." Mr. Ellis - "I think you did." co6/28/94 -2- 299 Mayor Clem - ~No. Think about it for a second. Our attorney is here. We did not ask you to commit to any land. We asked you to go back to the fire company and see if they would entertain that land. That is not a commitment." Mr. Ellis - "Your attorney asked us for the commitment and to commit our funds to this site." Mayor Clem - 'The attorney doesn't set the policy in this town. If they do, it's somewhere written and I haven't found it. Our attorney is here to hopefully keep us out of trouble. Our attorney did discuss commitment of some monies and some other things. You never heard that from me or any member of the Council present in that meeting." Mr. Ellis - "Begging your pardon Mr. Mayor, most of the speaking was being done by your attorney. You all weren't saying much of anything." Mayor Clem - "Well, the discussion was going on between you and our attorney, and finally when I said, 'Mr. Ellis there is only one question on the table, and that is is the membership interested in that site?' and that's all we need to know. We agreed that before final dollars were discussed or method of payment took place, that you all would be a part of it. You and I mutually agreed that if you have to invest in something, you should have a say in it. I don't think anyone on the Council denies that or disagrees with that." Mr. Ellis - "With all respect Mr. Mayor, I disagree with what you and I seem to have agreed upon. Our request - and I believe Mr. McGuire made it in the meeting - was that we be included in all negotiations in which our funds would be included. Not as a last minute here's the numbers, do you want it or not. And this is what the Council is offering to the fire company. I tried to explain to you and the Councilmembers present, that it would be very hard for the fire company to tell you anything of any firm commitment, so that you could take any offer back to anybody - concrete - without those numbers. I was told I was not going to get them, period." Mayor Clem - "Well, I'll stand on what I said. There was one question given to you and that's all. All you had to do was go back and ask were they interested at all. This Council never committed to dollars or to sites in that meeting." Mr. Ellis - "Your request was for one site, for us to commit our $325,000 from your attorney - that's what she wanted me to take back - were we interested in it, also during that meeting if we would like to go - and I was very aggravated at the way the meeting ended with persons walking out. All of a sudden we don't have a quorum, without my questions being answered. After I sat outside for 45 minutes. After I spent half the night here several days prior, until midnight only to get, 'well, we didn't get all our information corrected in time to discuss whatever'. I think the fire company is willing to meet this council more than half way. However, before we can do anything that you are requesting from us, we need the offers in writing. Numerous times we have been told that offers have been given to you, and you have turned them down. To date, I would like to see the very first offer that has ever been turned down from this town. We have no offers in writing. All we are asking is that if the town wants us to do a site, work with them, that the offer and the particulars be put in writing so that we can review it. Not discussions, bonafide offers." Mayor Clem - "Well, I guess the best way I can respond to this is you still haven't got the message Sir. We asked you to do one thing, one thing only. You were the one who insisted on dollar values. We have not discussed dollar values. That's the problem Bob." Mr. Ellis - "The problem is two-fold then, Mr. Clem. I asked Mr. McGuire to speak before this Council several weeks ago. And he did. At that time, he got a royal chewing." Mayor Clem "I don't think that has anything to do with this particular letter." Mr. Ellis - "I think it has everything to do with it at this point Mr. Clem. Because part of the chewing we got was we've turned down sites. In a letter from Mr. Webb, that was addressed to me on June 15, he tried to clarify some of his statements to me. The letter speaks in the spirit of cooperation, and to make you aware the concerted effort the town has invested to find a suitable site. We have sites that were turned down, and he lists sites that we were supposed to have turned down as you are aware. I previously stated the Edwards Landing site, the Pence-Friedel site and the town water site were offered to the LVFC but not accepted. This seems to be what people think constitutes an offer. We happen to disagree with what we believe is a real offer. The water site was never offered. It was a discussion that was held between you ar.d several ~thcr personnel of the fire company. That does not constitute an offer by any means. The Pence-Friedel site, we discussed that at length with the representative, Mr. Minchew, who was representing the bank I believe. We offered him solutions to that site for him to take back. However, that was turned down when they found out they didn't need to proffer, it was removed. Edwards Landing site, we did accept that site. However, we lost that when they went bankrupt and their proffers were lost. To date, I'd like to see one site that we have turned down that the town in true belief has sent to us. That's all I'm asking. If we're going to continue this dialogue, we need it to be in a manner in which each one of us knows exactly where the other person stands. That's what the fire company is requesting." co6/28/94 -3- 3OO Mayor Clem - "We do plan to have a meeting with the fire company this week. We will need to know the answer to the question that I asked and I assume that has been delivered in the last paragraph that you all are willing to consider any site. But recognizing the rules of the fire company and you also clearly state that you could not speak for the fire company without taking it back. We all respect you for that. There was really only one question. The attorney had the right to ask anything she wanted. But this Council -" Mr. Ellis - "Am I wrong in the statements that you all gave me when I asked questions? That these were the answers you were giving me? I believe it's on your first page, fourth paragraph." Mayor Clem - "I think your statement where it says, 'Mayor Clem was upset about the meeting' -" Mr. Ellis - "No it would be in the second paragraph. 'This is all the information we are going to provide you. This is all you're going to get. Take it back to the company.'" Mayor Clem - "At the time that's all we offered you, was a simple question to take back to the fire company. That is correct." Mr. Ellis - "It was a very vague question that in taking it back, it didn't meet the needs we had thought you were going to do. When the meeting adjourned, it was rather chaotic. People weren't answering my questions." Mayor Clem - "Well, I think that there was some discussion. At that time a quorum did not exist. When we come out of executive session, in order that the meeting be held legal and proper, I dismissed myself, so that ihe remaining councilmembers could be -" Mr. Ellis - "There was no discussion held after that. Everybody got up and left me standing." Mayor Clem - "But I'm just saying that's why I volunteered to excuse myself. This week, there will be a meeting either Wednesday or Thursday to talk to the fire station site only." Jewell Emswiller - thanked Ms. Bange and Mr. Blake for the public service they have given to the Town of Leesburg. She noted they always had one agenda and that was what was good for Leesburg. NEW BUSINESS 11.0) Scott Johnson presented a staff report. Ted Jackson, Board member of Union Cemetery, provided a brief report. Mayor Clem stated the Town of Leesburg wants to be a good neighbor. He pointed out that several agencies are involved in this issue and was concerned with time constraints. Mayor Clem clarified that the Town of Leesburg pledged $2,300 not $3,200. Mr. Atwell stated the Finance Committee previously approved the request for a galvanized fence. He expressed concerns that two different colors of fence would not look good, and supported the galvanized fence. Mr. Webb agreed with the Finance Committee's original recommendation. MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted. 94-133 - A RESOLUTION: REVERSING THE DECISION OF THE BOARD OF ARCHITECTURAL REVIEW (BAR) IN CASE # BAR-94-52 WHEREAS, on June 6, 1994 the Board of Architectural Review (BAR) considered the installation of a fence for the Union Cemetery, and approved the request subject to the applicant installing a black-vinyl coated fence within the H-2 District; and WHEREAS, a portion of the fence along Old Camp Road is within the H-2 District, and is subject to an agreement with the Town to share in the cost of the installation; and WHEREAS, prior to the BAR hearing, Council negotiated with the applicant in good faith and established the Town's monetary contribution for the installation of the fencing; and WHEREAS, the contract with the fence company and the other involved parties were also negotiated in good faith and must be executed prior to June 30, 1994. co6/28/94 -4- 301 WHEREAS, the decision of the BAR to require the fencing as black-vinyl will delay the completion of the contract and result in an unacceptable expenditure by the Town of Leesburg. VOTE THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The decision in case #BAR-94-52 is hereby reversed. Aye: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem Nay: None Absent: Councilmembers Blake and Trocino COUNCILMEMBER COMMENTS Mr. Webb requested the status of the traffic situation at Evergreen Mill Road/Country Club Drive. Mr. Brown updated the Council on the issue and stated the town will proceed with recommendations to the TCC to get $120,000 for funding of the signal. Mr. Webb stated the School Board was very concerned with the safety of children and school buses. He asked what could be done before school starts to make the intersection safer. Mr. Brown responded that a contract for a right turn lane will be awarded this summer and construction completed hopefully before school starts. Ms. Umstattd congratulated Barbara Messinger on becoming a certified municipal clerk. Mr. Atwell seconded Ms. Umstattd's remarks concerning Ms. Messinger. He thanked Ms. Bange and Mr. Blake for their diligent service to the Town of Leesburg. It was a pleasure and an honor working with both of them. Ms. Bange stated that she was honored to be elected to the Council and considered it a learning experience. She believed the Council is moving in the right direction and that all who supported her. She expressed support of the town staff and Council. Mr. Webb thanked Mr. Brown and the town staff for hosting the 4oH students from Costa Rica. MAYOR'S REPORT Mayor Clem stated he was sad to see Ms. Bange and Mr. Blake leave but found it rewarding to see Mr. Buttery and Ms. Emswiller coming on board. He congratulated Ms. Messinger on her CMC accomplishment. He also congratulated the Moose Lodge on its new building. Mayor Clem congratulated Thomas Parr for his achievement in becoming an Eagle Scout. MANAGER'S REPORT Mr. Brown expressed his and the town staff's appreciation to Ms. Bangc and Mr. Blake for their outstanding service. Hc hoped their service to the town would continue. He stated he is looking forward to working with Mr. Buttery and Ms. Emswiller. Mr. Brown announced a block party will bc held at Stoncledgc Place on July 4th from 3 p.m. to 10:30 p.m. He congratulated Peter Stcphenson on graduating from Leadership Loudoun. LEGISLATION 10.(a),(b),(c),(d),(e) MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following resolutions were proposed as consent and adopted. 94-134 - A RESOLUTION: INITIATING AN AMENDMENT TO SECTION 13A-2(2) OF THE co6/28/94 -5- 302 LEESBURG ZONING ORDINANCE TO MAKE THE ZONING MAP AMENDMENT DISCLOSURE STATEMENT CONSISTENT WITH THE 1950 CODE OF VIRGINIA, AS AMENDED WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation of existing ordinances to ensure they remain consistent with the Code of Virginia; and WHEREAS; the Town Attorney recommends that Section 13A-2(2) of the Leesburg Zoning Ordinance be revised in order to make the disclosure statement submitted with zoning map amendments consistent with the provisions of Title 15.1-491 of the 1950 Code of Virginia, as amended; and THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows; SECTION I. An amendment to Section 13A-2(2) is hereby initiated as indicated below: Section 13A-2 INITIATION OF AMENDMENTS (2) Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of $1600 for the first 20 acres plus $40 per each acre thereafter, and other material and data required in said form. Zoning Map Amendment Applications shall include a disclosure statement, signed by the property owners, contract purchasers or the agents thereof, which shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the planning commission or governing body has any such interest. information current at a~ times during the processing of the application. SECTION II. The Planning Commission shall hold a public hearing and consider this amendment to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended. 94-135 o A RESOLUTION: AUTHORIZING A NOTICE OF PUBLIC HEARING FOR #ZM-140 U.S.C.T.A.HEADQUARTERS, REZONING AND TOWN PLAN AMENDMENT, BY THE WESTMORELAND DAVIS MEMORIAL FOUNDATION, INC. RESOLVED, by the Council of the Town of Leesburg in Virginia, as follows: A notice of Public Hearing to consider application #ZM-140 U.S.C~T.A. Headquarters, rezoning and Town Plan amendment, by the Westmoreland Davis Memorial Foundation, Inc. shall be published in the Leesburg Today on July 13, 1994 and July 20, 1994 for public hearing on Tuesday July 26, 1994 in the Council Chambers of the Government Center at 25 West Market Street, Leesburg, Virginia 22075. 94-136 - A RESOLUTION: AUTHORIZING AN AGREEMENTAND APPROVING A PERFORMANCE GUARANTEE FOR THE AMOCO SERVICE STATION 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 r,: ...... of ~,,s ......mg and Public Works for the Amoco Service Station. SECTION II. The corporate surety bond in a form approved by the town attorney from USF&G in the amount of $21,000.00 is approved as security to guarantee installation of the public improvements shown on the plans approved by the Director of Engineering and Public Works for the Amoco Service Station. 94-137 - A RESOLUTION: ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT OLD MILL KENNELS co6/28/94 -6- 3O3 WHEREAS, Old Mill Kennel, Inc., the developer of Old Mill Kennels 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 letter of credit from F & M Bank - Winchester in the amount of $6,800.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $1,700.00 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. 94-138 - A RESOLUTION: RELEASING THE PERFORMANCE GUARANTEE FOR THE PAXTON SEWAGE PUMPING STATION WHEREAS, the Paxton Development Company, the developer of the Paxton Section II Subdivision has completed the installation and removal of the interim sewage pumping station and force main for the Paxton Subdivision in accordance with the approved plans and town standards; and WHEREAS, the pumping station was only temporary and the gravity sewer taking the place the of Sewage Pumping Station has been installed and the station has been completely removed from the site. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The letter of credit from F & M Bank - Winchester in the amount of $25,260.00 is released and the obligations under the terms of the contract for installation of public improvements are deemed fulfilled. VOTE Nay: Absent: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None Councilmembers Blake and Trocino 10.(0 MOTION On motion of Ms. Bange, seconded by Mr. Webb the following resolution was proposed and adopted. 94-139 - A RESOLUTION: AUTHORIZING AN AMENDMENT TO A REIMBURSEMENT AGREEMENT FOR WATERLINE CONSTRUCTION WHEREAS, the Town of Leesburg entered into a lump sum Reimbursement Agreement on April 13, 1993, in the amount of $30,065.85, with Trafalgar House Properties, Inc., for waterline construction serving the Greenway Farms development; and WHEREAS, said agreement did not specifically address compensation for rock excavation performed by Trafalgar's contractor; and WHEREAS, Trafalgar has paid their contractor, William A. Hazel, Inc., an additional $40,203.00 for rock excavation pursuant to their agreement; and WHEREAS, Trafalgar has formally petitioned Council, subsequent to completion of construction, to amend said agreement, for reimbursement of construction costs exceeding said agreement in the amounts of $27,247.78 for rock excavation and $1,287.00 for additional asphalt overlay requested by the town; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is hereby authorized and directed to execute an amendment, on behalf of the town, to the Trafalgar House Property, Inc., Reimbursement Agreement dated April 13, 1993, in the amount of $21,287.00, in a form approved by the town attorney for additional construction costs encountered in construction of the waterline improvements. DISCUSSION Mr. Atwell agreed with $1,287, however he didn't agree with the $27,247.78. He stated he could support $20,000 in addition to the $1,287. Mr. Webb agreed with Mr. Atwell's suggestion of $20,000 instead of the $27,247.78. co6/28/94 -7- 304 Ms. Umstattd stated she agreed with Mr. Atwell that the $1,287 is more appropriate and that the $20,000 is a better arrangement, but would continue to oppose it because this was a case where a private contractor made a bad deal with his sub-contractor. She didn't believe the town should bail out a private contractor. She commended Mr. Atwell and Mr. Webb for bringing the amount down. VOTE Aye: Councilmembers Atwell, Bange, Webb, and Mayor Clem Nay: Councilmember Umstattd Absent: Councilmembers Blake and Trocino This item was referred to a special meeting of the Town Council. 10.(h} MOTION On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and adopted. 94-0-22 - AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-137 BY PENCE-FRIEDEL DEVELOPERS, INC. AND AMENDING THE ZONING DISTRICT MAP WHEREAS, on October 26, 1993, the Town Council received and referred the application of Robert Frank Pence, c/o Pence-Friedel Developers, Inc. for rezoning and revision of the Zoning District Map and setting a joint public hearing with the Planning Commission; and WHEREAS, the final application consists of two (2) one-half acre lots located on the south side of Edwards Ferry Road, near the southwest quadrant of the intersection of Edwards Ferry Road and the Route 15 Bypass, and requests rezoning from R-22 to B-3; and WHEREAS, on November 9, 1993, the originally scheduled joint public hearing was cancelled; and WHEREAS, on December 16, 1993, the Planning Commission held a public hearing to consider this application; and WHEREAS, on March 3, 1994, the Planning Commission recommended denial of this rezoning application; and WHEREAS, on April 12, 1994, the Council held a public hearing; and WHEREAS, this rezoning request is in the interest of public necessity, convenience and general welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-137 by Pence-Friedel Developers, Inc. is approved. The Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change two (2) one-half acre parcels of land from R-22 to B-3. The property is identified as Loudoun County Tax Map 49A-1 and 49 A-2 and is located on the south side of Edwards Ferry Road, N.E., near the southwest quadrant of the intersection of Edwards Ferry Road and the Route 15 Bypass. This approval is subject to the following conditions proffered in writing by the applicant in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended. Perimeter Parking Lot Landscaping. The ten foot (10') wide perimeter parking lot landscaping area required by Section 9A-9(3)(a) is hereby modified to include a pedestrian sidewalk as depicted on the drawing attached hereto as Exhibit B and incorporated herein by reference. Any landscaping required by the zoning ordinance that cannot be accommodated in this area shall be provided in the other required buffer areas. Further-more, the buffer yard along the south and west boundaries of Parcel 49((1)) Parcel 2 and the south boundary, of Parcel 49A((1)) as required in Section 9A-16 is hereby modified to 10 feet as represented in Exhibit C shown as Retail A. Proffers Run with the [.and. Each reference to "Applicant" in this proffer shall include within its meaning, the Applicant, the owner and its successors and assigns and the proffers shall be binding on and shall run with the land. SECTION II. This Ordinance shall be in effect upon its passage. co6/28/94 -8- 335 DISCUSSION Ms. Umstattd commended Ms. Welsh for her legal opinion. She continued to be concerned that there were no proffers provided to buffer between this site and the adjacent residential areas beyond what is required under town ordinance. She stated it was difficult to vote against the issue because in general she liked the fact that something was being rezoned to commercial use. VOTE Aye: Councilmembers Atwell, Bange, Webb, and Mayor Clem Nay: Councilmember Umstattd Absent: Councilmembers Blake and Trocino NEW BUSINESS MOTION On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and adopted. 94-140 - A RESOLUTION: AUTHORIZING A SETTLEMENT FOR THE TOWN OF LEESBURG VS. TRANSAMERICAN AIRPORTS, INC. LAND ACQUISITION CONDEMNATION SUIT WHEREAS, the Leesburg Town Council Resolutions No. 93-105 and 93-165 (attached) authorized the purchase and subsequent condemnation of 0.4701 acres of land from TransAmerican Airports, Inc. for the Leesburg Municipal Airport; and WHEREAS, condemnation proceedings are scheduled to begin in July, 1994; and WHEREAS, a negotiated settlement in lieu of court action was reached on June 16, 1994 between the Deputy Town Attorney and the legal representative of the property owner; and WHEREAS, the Federal Aviation Administration reviewed the negotiated settlement and accepted the same on June 20, 1994; and WHEREAS, on June 23, 1994 the Deputy Town Attorney requested that the Town Council authorize the negotiated settlement of the above condemnation suit in the amount of $82,500 on June 28, 1994: THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Subsequent to the adoption of Resolution No. 93-105 and 93-165, the Town Council hereby authorizes a settlement for the Town of Leesburg vs. TransAmerican Airports, Inc. land acquisition condemnation suit in the amount of $82,500. Settlement of the same remains subject to the receipt of 90% of the total project cost from the Federal Aviation Administration, 05 % from the Virginia Department of Aviation, and 05 % from the Town of Leesburg. The Town Manager and Deputy Town Attorney are authorized to execute this settlement for real property acquisition for the Leesburg Municipal Airport by General Warranty Deed, granting fee simple title, free and clear of any and all liens, insurable by a title insurance company of the town's choice, in a form approved by the town attorney. VOTE Nay: Absent: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None Councilmembers Blake and Trocino MOTION A motion was made by Ms. Bange, seconded by Mr. Atwell to accept the Balch Library Mission Statement. DISCUSSION Deborah Welsh recommended holding off until the property was acquired, or suggested adopting the mission statement for an interim period and have Loudoun County adopt also. She stated she would speak with Jack Roberts on June 29, 1994. VOTE Nay: Councilmembers Atwell, Bange, Umstattd, Webb, and Mayor Clem None co6/28/94 -9- 336 Absent: Councilmembers Blake and Trocino A special meeting of the Town Council was scheduled for June 29, 1994 at 5 p.m. of the Town Council regarding the following: Making supplemental appropriations to the general Fund Budget for the fiscal year ending June 30, 1994. Fire station site Town Manager's evaluation MOTION On motion of, and duly seconded, the meeting was adjourned at 9:20 p.m. Clerk of Council James E. Clem, Mayor co6/28/94 - 10-