Loading...
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 SP 7/3/96 -2- 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 SP 7/3/96 -3-