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HomeMy Public PortalAbout1962_02_12 5:5 PUBLIC HEARING'- A duly advertised Public Hearing was held in the Council Chambers , Leesburg , Virginia at 7: 30 P .M. ; February 12, 1962 to consider the following resolution. WHEREAS, the Leesburg Planning Commission has held a Public Hearing , after due publication, to consider a proposed amendment to the Leesburg Zoning Ordinance , by amending the zoning map , and have by Resolution recommended to the Council that this proposed amend- ment be approved ; and , WHEREAS, the Council for the Town of Leesburg has held a. Public Hearing on February 12 , 1962 at 7: 30 P .M. regarding the aforesaid amendment; • NOW, THEREFORE , BE IT ORDAINED, by the Council for the Town of Leesburg , in Virginia , that the Zoning Ordinance be amended by amending the zoning map as follows: • Rezone from a General Residence District to an Industrial District a parcel of land owned by George P. Hammerly 00 containg .667 acres , located on the 'Northeast side of Route 643 and immediately adjacent to the WBcOD RR on the C- south. Z BE IT FURTHER ORDAINED, that this amendment to the Ordinance shall be effective upon its adoption. Since no interested citizen appeared for or against the proposed change and with the general consent of the Councilmen it was moved to the regular meeting. A regular meeting of the Leesburg Town Council was held in the Council Chambers , Leesburg, Virginia on February 12, 1962. The meeting was called to order at 7:33 P .M. by H. Frederick Mang , acting in place of the Mayor. Councilmen present were Stanley F. Caulking , Hunter M. Leach , Maurice R. Lowenbach, and John' W. Pumphrey. Absent from this meeting was Councilman George J. Babson, George P . Hammerly , and Mayor Frank-Raflo. Upon Motion of Councilman Lowenbach; seconded by Councilman Caulkins and with general agreement of the Council Members the minutes of the January 15, 1962 meeting were approved as read . Upon Motion of Councilman Pumphrey; seconded by Councilman Lowenbach and with general agreement of the Council Members the minutes of theJanuary22, 1962 meeting were approved as read . o The Town Manager gave his .report. - Upon Motion .of Councilman Leach; seconded by Councilman Lowenbach and there being - no objection to a roll call vote the following resolution was unaminously approved . Voting Yeas , Councilmen Caulkins , Leach, Lowenbach and Pumphrey . WHEREAS , the Leesburg Planning Commission has held a Public Hearing after due publication, to consider a proposed amendment to the - ' Leesburg Zoning, Ordinance , by amending the zoning map , and -have by Resolution recommended to the Council that this proposed amendment be approved ; and , WHEREAS, the Council for the Town of Leesburg has held a Public Hearing on February 12, 1962 at 7: 30 P .M. regarding the afore- said amendment; NOW, THEREFORE , BE IT ORDAINED, by the Council for the Town of Lees- burg, in Virginia, that the Zoning Ordinance be amended by- amending the zoning map as follows: 56 Rezone from a General Residence District to an Industrial District a parcel of land owned by George P. Hammerly containing .667 acres , located on the Northeast side of Route 61+3. and immediately. adjacent to the W&OD RR on the south. BE IT FURTHER ORDAINED , that this amendment to the Ordinance shall be effective upon• its adoption. Councilman Lowenbach of the Utility Committee gave his report wherein it was recommended that the Town Manager should go. ahead and contact a consulting engineer for the Town with respect to water and sewerage service. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey the following resolution was presented to the table. WHEREAS , it is the desire of the Council for the Town pf Leesburg , in Vigginia, to change the requirements for disbusing Town funds , THEREFORE, BE IT RESOLVED , that the Ordinance recorded in the Minutes of September.1, 1937, pertaining to the signature and counter ' signature of the Town' s checks , be and is hereby rescinded in its entirety. • After discussing the above resolution the Councilmen decided not to vote on the above resolution at this time. With general consent the resolution was tabled . Mr. Frank Caldwell of the Planning Commission appeared and discussed the following items at the table . 1. Asked the council to go on record to request the Virginia Department of Highways to ask for sealed bids on the sale of the 3* acre highway property. The Utility Committee is to take this proposal under advisement. 2. Variance of sidewalk on North Side of Street in Dry • Mill Sub-division which will connect Anne Street and • Wage Drive. ' This variance was recommended by. the Planning Commission. • 3. Virginia Department of Highways recommended the re- duction of bond on Catoctin Street from W&OD RR to Route 15; from $25,000.00 to $5,000.00. And this also is the recommendation of the Planning Commission to the Council. Upon Motion of Councilman Lowenbach; seconded by Councilman Caulkins and there being no objection to a roll call vote the following resol- ution was passed . Voting Yeas , Councilmen Caulkins , Leach and Lowenbach. Abstained was Councilman Pumphrey. ` WHEREAS, the Resident Engineer of the Department of Highways for the State of Virginia has approved the construction of Catoctin Street from the South side of the W&OD RR to U.S. Route 15 as being according to State specifications; and WHEREAS, the subdivider has requested the appropirate officials .of the Town of Leesburg to reduce the penalty of the subdivision bond currently outstanding in the penalty of $25,000.00 to the penalty of $5,000.00, in accordance with the recommendation of the said Resident Engineer; and WHEREAS, the Town of Leesburg has agreed to reduce said bond accordingly;: . NOW, THEREFORE , BE IT RESOLVED , by the Council for the Town of Leesburg that the subdivision bond of Loudoun Properties , Inc. currently in the penalty of $25,000.00 be , and the same hereby is reduced to $5,000.00 , and the Recorder is authorized and directed to mail a certified copy of this resolution to the Chairman of the Planning Commission of the Town of Leesburg , Virginia and to Loddoun Properties , Inc . , or its counsel. 4. Discussed the one mile zoning jurisdiction outside the town limits . Town Attorney is to answer the letter to the County with reference to their Subdivision Control Ordinance. 5. Discussion of proposed amendments to the Zoning Ordinance. Mr. Carleton Penn appeared for consideration of the immediate release of a third deed of trust on the L. W. Parker subdivision. IIUpon Motion of Councilman Leach; seconded by Councilman Pumphrey and there being no objection to a roll call vote the following resolution was unaminously passed . Voting yeas , Councilmen, Caulkins , Leach, Lowenbach and Pumphrey. WHEREAS, Leonard W. Parker , et us , executed. a certain deed of trust in favor of the Town of Leesburg , in Virginia, to guarantee the compliance by Leonard. W. Parker with the terms of a certain performance bond for the installation of physical improvements in the Parker Subdivision in the Town of Leesburg , Loudoun County , . Virginia, which said deed of trust is recorded in Deed Book 391, Page 338; and 00 • cr. WHEREAS , the sum of NINETEEN THOUSAND. THREE HUNDRED DOLLARS ($19 ,300.00) N has been placed .in escrow in The Peoples, National Bank of Leesburg , :,�„ Leesburg , Virginia, to guarantee payment for the remaining improve- _ ments as required by the Planning Commission of the Town of Leesburg;: and , WHEREAS, in_ consideration of the posting of the aforesaid sum of NINETEEN THOUSAND THREE HUNDRED DOLLARS ($19 ,300.00) , and the further consideration of Income Management , Inc. and R. Kelvin Shivers having given a commitment to the Town of Leesburg to complete the prescibed improvements according to state specifications within a period of six months from the date of said letter of commitment , should the . improvements cost more than the aforesaid sum in escrow , the said II Income Management, Inc . and R. Kelvin Shivers , being financially interested in the priority of a certain deed of trust now inferior to the aforesaid deed of trust in favor of the Town of Leesburg, the aforesaid Town of Leesburg has agreed to release the deed of trust in its favor as aforesaid ; NOW, THEREFORE, BE IT RESOLVED that George M. Martin and Wesley E. McDonald , Sr. , Trustees under deed of trust of record_ in the Clerk' s Office for the County aforesaid in Deed Book 391, Page 338 , are hereby authorized and directed to execute a deed of release of said said deed of trust at the expense of Parker Enterprises , Inc . , and the Mayor and Recorder of ,the Town of Leesburg are hereby authorized and directed to unite in said deed of release for the purpose of authenticating this action of the Town of Leesburg; and BE IT FURTHER RESOLVED, that Robert G. Sharp , Manager of the Town of Leesburg , is authorized to unite in the drafting of such checks as may be appropriate upon said Escrow Account in the sum of NINETEEN THOUSAND THREE HUNDRED DOLLARS ($19,300.00) standing in the name of R. E. Hill, C . Penn and R. C . Sharp, Town Manager, for the payment of improvements as prescribed by the Planning Commission of the Town of Leesburg , upon the referral in December 1961 , as the accounts therefor may be properly presented for work acceptable to him as the appropriate official of the Town of Leesburg; and I BE IT RURTHER RESOLVED , that should there be any excess remaining in the aforesaid Escrow Account after the satisfactory completion of the improvements as prescribed by the Planning Commission of. the Town of Leesburg upon the referral in December , 1961, the said Robert G. Sharp , Town Manager is authorized and directed to unite in the drafting of a check upon said Escrow Account for the excess , if any, in favor of R. E. Hill , Attorney , andC. Penn, Attorney. BE IT FURTHER RESOLVED, by the Council for the Town of Leesburg, in Virginia , that the method for payment of improvements to South Street which exceed the amount of $19 ,300.00 and which is spread on the Minutes of the meeting of this Council, is hereby approved . 58 The letter from R . Kelvin Shivers wherein he promises to complete, within six months from date of letter the improvements prescribed in letter from Robert G . Sharp , Town Manager. February 10, 1962 • Town of Leesburg c/o Town Council of Leesburg • Leesburg , Virginia • Gentlemen: In consideration of your release of the deed of trust currently in favor of the Town of Leesburg, Virginia, and binding lands , whthin the town of Leesburg , Virginia, formerly owned by L. W. Parker and Wife, and. now owned by Parker Enterprises , Incorporated , ,the.-undersigned do hereby bind themselves to complete wi'thin 'six months , from the date hereof, those improvements ,prescr.ibed in the letter of. Rbbert G. Sharp, town manager of the Town 'of Leesburg , Virginia, dated January i+, 1962 to Carleton Penn, Attorney , the same to be installed to . state specifications , provided the sum currently in escrow, namely $19 ,300.00 shall be inadequate for the purpose. It being understood that the liability of the undersigned for such construction shall be only to the extend that . the cost of such improvements exceed the sum of $19,300.00. • , Income Management , Inc. /s/ R . Kelvin Shivers , By:: R/ Kelvin Shivers , Secy. • • /s/ R . Kelvin Shivers R. Kelvin Shivers The Town Attorney , George Martin, appeared and explained to the Council Members that it had been ruled unethical for an Attorney to prosecute Town Cases and defend this same type of case in the Circuit Court. He will continue to prosecute Town Cases. Upon Motion of Councilman Lowenbach; seconded by Councilman Pumphrey; and since there was no other business to come before the Council at this time, the meeting was adjoured at 9: 30 P .M. /,CAYA vG� • •