HomeMy Public PortalAbout1996_07_03SPECIAL MEETING MINUTES
JULY 3, 1996
A special meeting of the Leesburg Town Council was held on Wednesday, July 3, 1996 at 4:30 p.m.,
in the First Floor Executive Conference room, 25 West Market Street. Notice having been delivered to all
Councilmembers of the Leesburg Town Council priorthereto. The purpose of the meeting was to discuss the
proposed Comprehensive Town Plan and to consider the sale of Market Station and the sale of the Vinegar
Hill and South Street Parking lots. The meeting was called to order by Mayor Clem.
ROLL CALL
Councilmembers present
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
B. J. Webb
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Planning, Zoning and Development Michael Tompkins
Chief of Comprehensive Planning Gerry Mucci
Deputy Town Attorney Deborah Welsh
Discussions were held on the proposed Comprehensive Town Plan. The next meeting on this issue will be
held on July 17, 1996, at Ida Lee Park from 1:00 p.m. to 5:00 p.m.
MOTION:
On motion of, and duly seconded, the following motion was made.
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Leesburg Town
Council convene in Executive Session. The authority for this Executive Session is found in Section 2.1-344
(a), Subsection (3) of the 1950 Code of Virginia, as amended. The purpose of this Executive Session is to
consider the sale of Market Station and the sale of the Vinegar Hill and South Street Parking lots.
VOTE:
Aye:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and Mayor
Clem.
None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and adopted.
96-149 - RESOLUTION CERTIFYING EXECUTIVE SESSION OF JULY 3, 1996
WHEREAS, the Town Council of the Town of Leesburg, Virginia, has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Leesburg Town Council and in accordance with
the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Leesburg Town Council 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 Leesburg Town Council.
VOTE:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and Mayor
Clem.
None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and unanimously adopted.
96-150 RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY
DOCUMENTS TO ASSIGN THE MARKET STATION LEASE TO MARKET STATION L.L.C.
WHEREAS, Market Station, L.L.C. has offered to purchase land from the Town of Leesburg at
Market Station; and
WHEREAS, Paragraph 12 of the lease between Market Square Associates, Inc. and the Town of
Leesburg (hereinafter Lease) provides the option to purchase the land under Market Station; and
WHEREAS, Paragraph 21 of said Lease allows for the assignment of said Lease with the written
consent of the town; and
WHEREAS, Market Station L.L.C. has submitted written financialand legal documentation regarding
the limited liability company:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The mayor is hereby authorized to execute the necessary documents as approved by the town attorney
to assign the Lease to Market Station L.L.C. contingent upon the fee simple purchase of Market Station
property pursuant to Paragraph 12 of the Lease on or before July 26, 1996.
VOTE:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and Mayor
Clem.
None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and unanimously adopted.
96-151 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY
DOCUMENTS TO SELL MARKET STATION PROPERTY
WHEREAS, on October 13, 1983, a lease between the Town of Leesburg and Market Square
Associates, Inc. (hereinafter Lease) was executed to allow for the construction and operation of Market
Station; and
WHEREAS, the Lease not only provided the conditions for use of the land under Market Station but
also the possibility of the ultimate transfer of the ownership of the land from the town to the lessee; and
WHEREAS, negotiations have been on-going for several months as the contract owner of Market
Station (Market Station L.L.C.) has discussed the possibility of purchasing the land under Market Station; and
WHEREAS, appraisers representing both parties have agreed upon the price of $258,000 for the 1.2
acre parcel, being the land under Market Station.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The mayor is hereby authorized to execute the necessary documents as approved by the town attorney
to sell and transfer the land under Market Station for $258,000 to Market Station L.L.C. on or before July
26, 1996, with special warranty of title. Such transfer is contingent upon the following: (1) transfer subject
to all encumbrances of record and all restrictions provided in Paragraph 12 of such Lease for such transfer,
and (2) conveyance and dedication at settlement by Market Station L.L.C. to the town of waterlines, sanitary
sewer, and storm drainage easements as designated by the town at the expense of Market Station L.L.C. in
a form approved by the town attorney.
VOTE:
Aye:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and Mayor
Clem.
None
MOTION:
On motion of, and duly seconded, the following resolution was proposed and unanimously adopted.
96-152 - RESOLUTION - AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY
DOCUMENTS TO SELL VINEGAR HILL AND SOUTH STREET PARKING LOTS
WHEREAS, Market Station L.L.C. has been discussing the possibility of purchasing the Vinegar Hill
and South Street parking lots from the town in connection with its purchase of the land under Market Station
for several months; and
WHEREAS, the effective economic development of Market Station is in the best interest of the Town
of Leesburg; and
WHEREAS, ownership and control of the parking necessary to ensure Market Station's success should
be held by the owner of Market Station, a commercial entity; and
WHEREAS, Town Council is empowered under Article 7, Section 9 of the Constitution of the State
of Virginia to sell town property: and
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WHEREAS, the sale of the parking lots will return the property to the tax rolls and will eliminate
town maintenance responsibilities.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The mayor is hereby authorized to execute the necessary documents as approved by the
town attorney to sell and transfer the Vinegar Hill and South Street parking lots for $200,000 to Market
Station L.L.C. on or before July 26, 1996, with special warranty of title. Such transfer is contingent upon the
following: (1) settlement of the land under Market Station simultaneously with settlement on such parking
lots, (2) establishment of an escrow account with the bank (lender) for Market Station L.L.C. in the amount
of $25,000 for repairs and improvements by Market Station L.L.C. for such parking lots to include but not be
limited to asphalt repairs, seal coats and wooden ties, within one year of settlement. In the event the repairs
of such parking lots are not completed within one year of settlement, Market Station, L.L.C., shall pay to the
town (the difference between the $25,000 and the documented and invoiced repairs made during such year.)
and (3) conveyance and dedication by Market Station L.L.C. to the town of waterline, storm drainage and
sanitary sewer easements on such property as designated by the town in a form approved by the town attorney
at the expense of Market Station, L.L.C., (4) transfer of the parking lots, subject to all encumbrances of
record, (5) evidence provided to the Town of Leesburg within five (5) days of adoption of this resolution in
a form approved by the Town Attorney that at least $300,000 will be escrowed with the Bank (lender) of
Market Station L.L.C. at settlement for repairs to Market Station, and (6) restrictions as set forth herein.
SECTION II. Such transfer shall be subject to the following restrictions: (1) said property shall be
used only as parking lots for a period of seventeen years from the date of settlement, and such restriction shah
be within the Deed, and (2) said parking lots shall be maintained in good condition by the owner with all
existing landscaping or replacement or improvement of such landscaping as necessary.
VOTE:
Nay:
Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. F. Webb, Jr., and Mayor
Clem.
None
MOTION:
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council
)Vames E. Clem, Mayor
ri'own of Leesburg
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