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HomeMy Public PortalAbout1967_04_12 38 : MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, APRIL 12, 1967. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street , Leesburg, Virginia, on April 12, 1967 at 7:30 P.M. The meeting was called to order by Mayor Kenneth B. Rollins, with Council- man Murray leading the group in prayer. Others present were Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and Robert A. Orr ; also Town Manager James W. Ritter , Jr. and Town Attorney George M. Martin. Absent from the meeting was Councilman John W. Pumphrey. The minutes of the meeting of March 22, 1967 were approved as written. Mr. Herbert A. Sumney, President of the Kiwanis Club, addressed Council regarding the Christmas lighting for downtown Leesburg. He said that the Ki- wanis Club had been responsible for erecting and dismantling these decora- tions for the last several years and they no longer feel that they can accept this responsibility, nor do they feel that they can afford it , since it has be- come necessary to depend on VEPCO and the Telephone Co. to erect these lights and take them down , and also to carry liability insurance on same. The Kiwanis Club would like to donate the decorations (approximately enough to decorate 16 to 18 poles) , with the Town accepting the responsibility for the Christmas lighting. He explained that there are some of the decorations that need to be rewired , including the large Santa, which was not used this past year, however, this would be a relatively small job. He also explained that there are electri cal receptacles on the poles where the decorations used the past several years • can be plugged in. Mr. Sumney also offered to store the decorations for the re- mainder of this year , after Town Manager Ritter said that storing them in the basement of the Town Hall is not satisfactory. Mr. Sumney said that , if the Town refused the gift and the responsibility, the Kiwanis Club would not take this responsibility again. Councilmen Murray and Orr stated that they did not believe this was a civic responsibility , but believed that the Town should be responsible for doing this, and Councilman Lowenbach said that he would like to see the Town do this on an even larger scale than heretofore. Mayor Rollins asked Town Manager Ritter if he thought the Town could put them up. Mr. Ritter said he didn ' t think so. Councilman Murray moved that the Council accept the kind offer of the Ki- wanis Club -and, through its President , Mr. Sumney, express their appreciation for their civic-mindedness in the past in taking care of the Christmas light- ing in the downtown section of Leesburg. This motion was seconded by Council- man Orr. There was no objection to considering this matter tonight , and discus- sion followed on this motion, with a roll call vote showing the motion adopted by a vote of 4 to 2, with Councilmen Cole and Fishback voting against this motion. Mr . Thomas Zebley of Chantilly Aviation addressed Council , stating that they have hired a new man as a Resident Manager of the Airport and they would like permission to locate a trailer adjacent to the parking lot , where it would be close to water and sewer and electricity. He explained that the trailer is yet to be purchased and they are just asking for permission to place it on the Air- port property. Mayor Rollins said that this matter would be taken up at the next session of Council , however , he suggested that , in the meantime, Mr. Zebley check with the County Planning Commission to see if this would be in accordance with County zoning regulations. A Public Hearing was held at this time with regard to amending the Leesburg Zoning Ordinance by changing the Zoning Map. Mayor Rollins explained that the Planning Commission had previously held a public hearing to hear requests from persons interested in having their land rezoned to the R-4 District, and that the Planning Commission now recommends that the following parcels of land be rezoned from R-2 to R-4 : (1) Approximately 4 acres on the east side of Washington Street owned II/ by Leesburg Apartment Associates (existing Leesburg Gardens Apartments). (2) 11.4 acres on the north side of Fort Evans Road owned by Leesburg Development Co. (existing Fort Evans Gardens Apartments) . (3) 10 acres on the north side of Fort Evans Road owned by Fehr and Kroll Construction Co. (4) 11.0 acres located on the south side of Fort Evans Road, owned by Parramore , et al, together with the land of Wolverton and Lots 1 and 3 of Law- • rence Subdivision. 39 ' MINUTES OF APRIL 12, 1967 MEETING. . (5) '10.2 acres located at the east end of Monroe Street owned by Leesburg Joint Venture. (6) 2.6 acres located at the south end of Madison Court owned by Dolph Hays, Trustee. Mr. Carleton Penn, Attorney for Messrs. Parramore and Brosius, addressed Council , stating that , since the Public Hearing held by the Planning Commission, it has been decided by the owners that they would like to have all of this land rezoned Commercial. He , therefore , asked that Item No. 4 be dropped for con- , sideration in the R-4 Zone. Mr. Robert W. Ahrens , representing Mr. Walter L. Phillips, explained that the Planning Commission had been requested , at its Public Hearing, to consider a portion of Mr. Phillips ' land for rezoning to R-4 District. Apparently this request was turned down. Mr. Ahrens presented a plat to Council and pointed out the different sections within the bounds of Mr. Phillips ' land, explaining that all of his land was formerly zoned R-2 , which would , prior to this change , have allowed apartments with a special use permit. It is Mr . Phillips ' intention to leave Exeter Hills (the portion already built as private residences and that CQ which is planned also to be private residences) as is. This residential area CV would be buffered by the future Catoctin Circle and also by the hill in between CQ the two areas. It is the back portion behind the future Catoctin Circle which they are requesting to be zoned R-4. One of the principal reasons for this 0request is because this is low land and it would be impractical to develop as residential ,property either drainage or sewerage-wise , this area would have to be pumped to the existing system. The lower end of this tract would be ex- tremely suitable for apartments , since the Leesburg Gardens Apartments are al- I, most adjacent to this area. There are approximately 37 acres in the area re- . quested to be rezoned to R-4. . Councilman Murray said that he was not present at the Planning Commission meeting when this was considered, but , had he been present, he said he would have abstained from voting on this particular area, since he is a resident of Exeter Hills. He said that , if you can get $9,000 for a building lot, you would certainly have to put up at least a $40,000 home. He said he would certainly not buy such a lot in this section if apartments were to be built just across the hill. Mr. Forbes stated that the Planning Commission considered the fact that there are roughly 350 acres of B-2 zone which permits apartments , and that the Commission wanted to try to locate the R-4 District in areas around the exist- ing apartments and try to confine this as much as possible to .this area '(point- ing to the map on the wall). Mr . Ahrens said, that in answer to Mr. Murray 's statement, anyone living in the residential portion would not be able to see the apartments from this section. It would not be affected by traffic because it would have its own access and the topography of the land would not allow it to be seen. They would be closer to some of the commercial areas than they would be to this, or as close. As the development of this area goes, this could be buffered. There is no fea- sible engineering way of handling this part , other than pumping all sewage from houses. This could all be taken care of at one time if put into apartments. Councilman Lowenbach asked why they are presenting this large an area to be zoned R-4. Mr. Walter Phillips said he is one of the few people who thinks 'Dulles Airport is the only thing that has been built that has not been over- sized before it was finished . He feels that it is going to develop to the ca- pacity for which it was built , and he feels that Leesburg is going to grow. He IIsaid he may be optimistic . He also said that Exeter has been a very pleasant surprise , that the development of the first section has been very gratifying and they are well pleased with the type of buildings that have gone in there. Streets, curb , gutter , sidewalks , drainage , etc . do not come cheap, so this has something to do with the price of the lots. He said they are interested in the people in Exeter , that the first section had 80 foot lots and the sedond section has been planned for not less than 100 foot lots. He said his point is that they feel that Exeter is a prime subdivision and , as far as they are concerned, they in- tend to keep .it that way. On the other hand , somewhere along the line, money gets into this thing. This land was originally zoned R-2 , which allows apart- ments by permit. Somewhere there should be a transition from residential to apartments and vice-versa, or you would have all apartments or all residential. •. 40 MINUTES OF APRIL 12,1967 MEETING. They feel that , inasmuch as the future Catoctin Circle is an 80 foot street for traffic , this is definitely a bar , a line of demarcation. He suggested that perhaps a line of Town Houses could be built along Catoctin Circle as a further buffer. He said he agreed that 37 acres of apartments sounds like a lot, but , once development of Dulles starts , he does not think 37 acres is too much. You have to start planning today for 4 or 5 years from now. He said he would still ask for R-4 for this section and would suggest that an area around Catoctin Circle be put into Town Houses as a buffer. He said he would be happy to give a bond or whatever is necessary to get this done. • Councilman Fishback asked Mr. Phillips why •he did not appear at the Pub- lic Hearing when this section was taken out of R-2 zoning. Both Mr. Phillips and Mr. Ahrens replied that they believed the R-2 District was wiped out , with the feeling that it would be rezoned. Councilman Murray stated that , in the original discussion before the Plan- ning Commission, it was felt that Leesburg contained an overwhelming portion of its land area in which apartments could be built , thus giving the privilege of building apartments in practically every quadrant of Town. It .was the Commis- sion 's feeling that a new area should be established for apartments so that it could be controlled. Then there would be no question of someone buying a lot on which to build a house that there could be apartments built either right be- hind or beside him. Councilman Cole asked how Mr. Phillips would plan to sewer this land. He said by putting in a pumping station to the nearest trunk line. Mr. Phillips said we have used the word "apartments" loosely. He said that the Town has a site control ordinance requiring a site plan on any change in grade over 2 feet , so it has control over creating what it wants. Mayor Rollins asked how much of this land would be difficult to sewer. Mr. Phillips said you could not sewer any of it over the hill, maybe some little of it at the top of the hill could be sewered by gravity. Councilman Fishback said that perhaps one-third of this area could be sewered by gravity. Councilman Orr suggested that each of the areas in question be voted on separately. Mayor Rollins said that it was not absolutely necessary that ac- tion be taken on this tonight , that this is merely a Public Hearing on this matter. Councilman Fishback asked Mr. Forbes if duplex dwellings were allowed in the R-2 zone . Mr. Forbes said it is. He also said that there is one other person present to ask that his land be included in this rezoning. Mr. Ahrens said that they are asking tonight to be included in this R-4 zoning. Mr. Paul McDonald, a member of the Planning Commission, was asked to pre- • sent his views on this subject. He said that he had been a member of the Com- mission for a -year and a half and that he felt that each and every member had worked diligently to bring forth what is right for the Town, but that he was speaking as one member only. He said he thinks, personally , that the Town of Leesburg is at a crossroads, that it can go one of two ways, either a very chaotic growth or a very orderly or dignified growth. The apartment problem is the heart of our problem. The B-2 District (Business District ) encompasses 350 acres and the R-4 District which was recommended by the Planning Commission encompasses 47 acres, for a total of 397 acres. That , to a ratio of 2021 acres, is ap- proximately one-fifth of the Town. I estimate that if you remove the area that is currently in use , this one-fifth of the unused area would jump to one-third of the unused area. We have been very fortunate to the extent that Leesburg has not had too much construction recently. Only 9 homes were built in 1966. In 1965 , by comparison , 127 homes were built. We were very fortunate to the extent that we were hit by this little recession in construction because it gave the Town time to consider this very important project insofar as the R-4 Dis- trict is concerned. I wanted to speak because I stand for the acceptance of the recommendations of the Planning Commission. I would also point out that those areas we turned down, we thought it necessary to tell you why. We told you why we accepted one area and why not another. At this point , Mr. Forbes said that the letter he sent to the Council did not explain these points, merely the action • taken at the meeting, but that he would be glad to furnish this information to 41 MINUTES OF APRIL 12, 1967 MEETING. all Council members by sending each a copy of the minutes of that particular meeting. Councilman Cole asked what the Planning Commission thought about this particular tract or any of them. Mr. McDonald said they felt that R-1 is a residential - one-family district. It now represents single-family and duplex homes. This is a very small portion and we should protect it at all costs. Sometime the Town might want to annex land and we might get more apartments than we ever. dreamed of. There are not too many types of apartments that can be built in Town, there is a limited choice. We tried to take all of these things into consideration and felt that the northern and the western sections were the areas to be protected in the past and to be protected in the future. Some areas came to the Town by annexation with certain stipulations by the County, there- fore , it could not be changed by the Planning Commission. We felt that we should try to hold the line inasmuch as possible. We turned down one parcel because of poor access. We feel that Leesburg Gardens is a mistake and we do not want to repeat that mistake and make it any bigger . Councilman Orr asked if we shouldn ' t know who was turned down. Mr. Forbes said there were about four more that were turned down. Mayor Rollins said that anyone wanting their land rezoned to R-4 should be present here. Mr. Phillips said he would like to go on record that they have no intentions `� of building. duplex houses in Exeter. Councilman Fishback asked Mr. McDonald if this action of the Planning Com- ° mission was unanimous. Mr. McDonald said they had very spirited discussion and V he thinks the votes were unanimous. Councilman Fishback suggested that , until they get the report of that meet- ing from the Planning Commission, this matter be deferred until the next meet- ing after they have had time to look over these reports. Mr. Ahrens said that they have good access on the future Catoctin Circle and have a topographical problem that would hinder future development. in any other way. Mr. Phillips said he would suggest a buffer zone between the two areas. Mayor Rollins said he would like to put this over to the next meeting and said that it would be helpful if Mr. Ahrens and Mr. Phillips would present the exact portion of land they want rezoned to R-4 at the next meeting. Mr. George Carneal , representing the Estate of George U. Carneal , addressed Council regarding a parcel of land directly across from the Parramore property on Fort Evans Road , which tract was turned down for R-4 zoning by the Planning Commission. He said they felt that , because of access to Route 7 and the By- Pass and because of the proximity to DECO and the shopping center, this should be developed in a high density way. He said he would like the Council to con- sider substituting their parcel of land in place of the Parramore section which had been withdrawn. We may have been turned down because our access was not as great as some of the others. He said they would have ample space on either side. He also said he was,Pavor of concentrating the R-4 area. Mr. McDonald said this was the tract that had limited- access and that was the reason the Planning Commission did not feel that this area was good for R-4 zoning. He said they have to consider what is good planning. Mayor Rollins said he understood that this now makes 7 tracts to be con- sidered for rezoning to R-4 and asked that this be placed on the Agenda for the next meeting, each to be voted on individually. He also asked Mr. Forbes to send to all members of Council a copy of the minutes of the Planning Commission meeting at which these tracts of land were considered. Thus ended the Public Hearing. • Mr . Charles Colgan of Colgan Airways addressed Council with regard to a proposed lease for a portion of land at the Leesburg Airport. He said his com- pany had been negotiating with Mr. VanGulick and Mr . Zebley on the possible acquisition of their operation at the Airport, but this has not proved fruitful. He said they are presently operating the Manassas Airport and they would like to lease an area at another Airport where they would have a longer term lease. He said they would like to construct two rows of T-hangars. He said they did not wish to interfere with Chantilly, but that they also did not want to re- strict their activities just to these T-hangars, they would like to have the privilege of expanding into a fixed base operation eventually. He said he did 42 MINUTES OF APRIL 12, 1967 MEETING . not think the T-hangars would interfere with Chantilly, but , rather , they would bring business to the Airport. He said there are people at Manassas who would bring their planes here if there- were T-hangars available. Council- man Murray said that Colgan has a tremendous reputation in the aviation field, • but he feels that Council should be fully aware of what he proposes to do regard- ing the building of T-hangars. He doesn 't want to see Council get in the posi- tion of signing a lease and then finding themselves hamstrung. He asked if Mr. Colgan would be willing to sit down with the committee and discuss this. Mr. 4 Colgan said that they would like to get the lease and assure the Town that they can get the money to do this. They would like to construct 20 hangars within the first 6 months. It would be useless at the end of the first year to say they would build more if they were not needed. Mayor Rollins called atten- tion to the changes that were made in the proposed lease by George Martin and the fact that the Town would want a surety bond. He also said they would have to arrive at a fair percentage of profits to .the Town when the gross receipts reached a certain point. This lease also would have to be advertised for bids. He- said- the only reservation about leasing this portion of land is what it would do to the present lessee. He asked if he visualized this operation as compet- ing with them. Mr. Colgan said not now, they are not interested in hurting them. Mayor Rollins asked if they would sell gasoline. Mr. Colgan said they would like to have in the lease the privilege of doing so at a later date, but they are mainly interested in putting up the- T-hangars at this time. He said there are 15 stockholders in the corporation , with no-one- being allowed to own more than 30 per cent of the stock. - • • Councilman Fishback asked if, Mr. Colgan thought this would ever be a large enough operation to support 2 fixed base operators. Mr. Colgan said Yes, and that if Chantilly does not pull out of. their difficulty, it would be foolish not to want to-put in an operation. He said the T-hangars offer- a good return on their money. Councilman Cole asked if they wished to be a fixed base opera- tor now.. Mr. Colgan said they were only interested in the T-hangar function at this time, but, would want the privilege of having a fixed base operation on de- mand. Mr. -Cole asked Mr. Colgan 's experience as an operator. He said he had been an operator since - January of 1964 , that he had had a field in Decatur , Alabama, which they sold because it was too far away. He .said Manassas and Leesburg are close enough to complement each other: Councilman Lowenbach asked if this is not almost the last of the land that we have available for lease. The answer is Yes.. - Councilman Murray said that he understood that he wanted to provide a service which is not now being provided by the present lessee , but would like to have the privilege of offering services other than T-hangars which the present operator cannot now provide. Mr. Colgan said they have 140 planes at Manassas. He said that all members of their Board of Directors are business men and gave their names, along with their present business affiliations. He also introduced Mr. Jim Davenport, who is attorney for Colgan Airways. Mr. Davenport said that Manassas has been chosen as a model operation and that a replica has been made to take to Europe- to show there. Mr. Zebley of Chantilly Aviation submitted for Council 's perusal a copy of the AOPA Airport Directory for 1966 and called to Council 's attention the sec- tion regarding the Leesburg Airport', which states that there are at present 3 operators on the field and this was printed before Blue Ridge Aircraft became another operator. He also said that almost all airports in Virginia are oper- ated by one operator , with the - exception of two;- .and he felt that some considera- tion should be given to what is being done in other areas at this time. Council- man Murray said that it seems that we have three lessors and no T-hangars. Mr. Zebley said that they are in the process of constructing T-hangars, but that the lease will have to be modified in order for the lendor to- allow -him to go through with the construction. He also said that Chantilly Aviation still has problems, but they seem to be getting straightened out. He said they have- 60 planes on the field, which produce an income of about 5600.00 per month in rental fees. Mr. Sumney called Council 's and Mr. Zebley 's' attention to the fact that- o'ne of the operators listed in this Directory is the Alan-Preston Corporation, of which he--is a member. He said that they are not a fixed base operator in. any sense of the word and never have been. Mr. Zebley said that this Corporation pro- vides twin-engine service. Mr. Sumney said he was certainly unaware of this. This would then leave Chantilly, Dulles International and Blue 'Ridge- as operators. Mayor Rollins directed that this matter be returned to the Airport Committee for further study with Mr. Colgan and that , in the meantime , Mr. Colgan look over , a the changes made to the lease by Town Attorney George Martin , and that they try to come up with some recommendation by the next Council meeting. 4.� MINUTES OF APRIL 12, 1967 MEETING. • Mr. Wayne Reynolds, representing a group of citizens of Prospect Hills, approximately 10 to 12 of these citizens being present , read to Council a docu- ment drawn up by this group stressing the need for and asking for a Dog Ordi- nance in the Town (copy attached hereto) . Members of the group speaking with re- gard to this matter were Mr. Franklin Hinckle , Mr. Welby Sowers and Mrs. Irving Gaskill , all of whom stressed the need for an ordinance to keep dogs on their own property, not only to protect their property, but of utmost importance, to alleviate the threat of small children being bitten by dogs. Mr. Reynolds cited the incident in Sterling Park recently when a child was attacked by a dog and 30 some stitches were required to close the wound. Councilman Orr said that he • (as one of many doctors in the County) treated at least 100 dog bites in 1966 andt II/ that he had 4 the past Saturday. Mayor Rollins said that he was in complete sympathy with this group and that he , personally , was in favor of a Dog Ordi- nance requiring owners to keep their dogs on their own property and that he be- lieved the County Dog Warden would enforce such an Ordinance for the Town. After more discussion, Councilman Cole suggested that this matter be referred to the proper committee and Mayor Rollins referred it to Dr. Orr 's committee. Dr. Orr said there would be a meeting the following Tuesday regarding this matter and in- vited any of these people to be present if they so desire. Upon motion of Mayor Rollins , seconded by Councilman Orr , the following Cj resolution was unanimously adopted : CV BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, that the Town Manager be and he is hereby authorized to have inserted in U the Loudoun Times-Mirror for publication on April 20 and 27, 1967 the following: PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held by the Council for the Town of Leesburg, Virginia, on May 10, 1967 at 7 :30 P.M. in the Council Chambers , 12 West Loudoun Street , Leesburg, Vir- ginia to consider the following: • (1 ) Application by John A. Wallace Et. Al. to have rezoned from R-2 to B-2 a parcel of land containing 35.21 acres, located on the east side of Evergreen Mill Road , bounded by the prop- erties of Reynolds on the North and East , Stowers on the South and Evergreen Mill Road on the West. A more particular descrip- tion of the land may be viewed in the P1'anning and Zoning Office. (2) A proposed amendment to Section 9-2-1 of the Leesburg Zoning Ordinance by inserting, subsequent to the word "plan. " in paragraph 8, a new paragraph as follows : 8-A The provision of adequate control of soil erosion and sedimentation , indicating the proposed temporary and permanent control pract-ices and measures which will be implemented during all phases of clearing, grading and construction. At this hearing all persons will be heard as to their views perti- nent to said application and proposed amendment. By : Kenneth Rollins, Mayor Town of Leesburg, Virginia Town Manager James W. Ritter reported the following: II/ (1) The plans and specifications on the new sewage treatment plant have been received. He said it is a rather thick volume and he has looked through some of it and finds that it is pretty complete. He called Council 's attention to the fact that the plans call for colonial brick and mortar to be colored to match the brick, and said that this would be discussed at the Utility Committee meeting. The plans on the plant are in the Health Department in Richmond being reviewed and they have been in correspondence with Johnson and Williams. They have raised one important question, they want the final settling tank changed * ,I^ from 35 to 60 feet in diameter. This will increase the cost about :$15,000.00. dir The interceptor plans have reached Charlottesville and are in the Federal office. The last word about a week ago was that it would take about a month before we ' can advertise for bids , so it looks like it will be June before we can advertise. 44 MINUTES OF APRIL 12, 1967 MEETING. (2) The bonds have been received from the printer and all necessary ma- terial has been mailed to Reed, Hoyt , Washburn 'v McCarthy. Arrangements are being made to deliver the bonds to Anderson and Strudwick next Thursday. (3) He received a letter from R•ederick Cablevision, stating that they are having difficulty in getting 2 acres of land to the north and west of the Town to set up their operations, however , they are getting estimates for con- • struction and hope to proceed in the near future. i= (4) Regarding the bill from Wright Realty Company, which was discussed about a month ago , he wrote to Mr . Wright asking him to itemize this bill. He replied that he had spent 41h hours, or 5.2 days , at $150.00 per day, or $780, and his bill was $725.00. He was willing to settle for this. (5) On the North King Street project , nothing has been done for the last couple of weeks because the Highway Department is still working on the plans for the storm drainage. (6) He is still trying to get bids on the two sidewalk projects. One was received today and Perry Engineering has said they are sending one. Perry also said they would resume construction on Catoctin Circle to Dry Mill Road in the near future. There will be a problem there with the sidewalk, it cannot be lower than the street , so the only solution will be to put in steps. (7) Regarding the five trees that were removed on S. King Street , two of the stumps were taken out today and the others will be done shortly. We have not yet received the bill from Asplundh, but it should be around $140.00. (8) The new equipment operator and he went to Richmond to look at the grader at Cary Hall Machinery Co. last Thursday and found only two minor items C/ wrong with it. Mr . Hall agreed to repair these items and deliver the grader for $5,900.00. He said he thought this was a good buy and he would certainly recommend that it be bought. (9) A new equipment operator , Richard Ramaley, has been hired , he has II/worked 3 years for Lyons and 10 years with a contractor in Pennsylvania, and seems to be a very good operator. Also , a new Policeman has been hired, Lee Elder, who has had 15 years experience , and who replaces Albert Keyes. (10) Regarding Item 6 on the Agenda, this has been rewritten and is pre- sented to you for consideration tonight. This fee would be 50 per cent greater than that charged in the corporate limits for water and sewer connections. Mayor Rollins asked that Item 3 on the Agenda re the five trees beexcluded altogether , since we do not yet have a bill for this work. He said he knew that the intentions on cutting down these trees was good , but he would prefer that this practice be discontinued in the future. He thinks Council should vote on any matter before any action is taken. Councilman Cole asked what progress is being made on the robbery next door. Mr. Ritter said there are no clues at all , that Kirk is handling it and Glenn Harwood was on duty that night. Councilman Fishback asked when work would be resumed on the sidewalk on North Street. Mr. Ritter said they should get started on it next week, that they have been busy getting the trees out and doing other things and that two men have been out sick this week. Councilman Fishback also asked if there was any progress on the robbery at Hirst 's. Mr. Ritter said Tommy Lloyd was on duty at the time and the Sheriff 's • Office is assisting in this investigation. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach , the following resolution was unanimously adopted : WHEREAS, the Town Manager was authorized to use the services of an ex- ' perienced equipment operator in the investigation of a used Austin- Western Motor Grader being offered for sale by Cary Hall Equipment r Co. in Richmond, and 45 MINUTES OF APRIL 12, 1967 MEETING. WHEREAS, such investigation was made on April 5, and the grader was found to be in good running condition and apparently worth the ask_-• ing price, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that an appropriation be made in the amount of $5,900.00 - for the purchase of an Austin-Western Model 99 (Master) Motor Grader. Upon motion of Councilman Fishback, seconded by Councilman Murray, the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to advertise for bids on the collection and disposition of garbage and trash for the fiscal year period end- ing June 30, 1968, and with an option bid on a two-year basis. Town Attorney George Martin reported that the Court has ruled against us on the Demurrer filed by Mr: .Penn..on the Potters Field suit. He said this is the second time this matter has been before Judge Snead, who said he would per- mit us (Dick Hill is assisting) to file a brief. Mr. Martin said he believes Cj this is a waste of effort , that he doesn 't think Judge Snead is going to change C\2 his position. He said we can go straight to the Appellate Court in Richmond and N he thinks we should since there is an unusual legal point involved. He said it would probably cost $200 to 3250 to file the Brief and , if we should lose, it would cost $125 to $150 to pay for the winner 's Brief. Mr. Hill is doing this work free , on the basis that we might have another suit asking to sell this property. He said he would recommend going straight to Richmond or else drop the suit entirely. After discussion , upon motion of Councilman Fishback, sec- onded by Councilman Cole , Council voted unanimously that the Town Attorney be instructed to take this case to the Supreme Court. Upon motion of Councilman Fishback, seconded by Councilman Lowenbach, the following Ordinance was adopted by a vote of 4 to 1, with Councilman Cole voting against it : BE IT ORDAINED by the Town Council of the Town of Leesburg, that fees for water and sewer connections outside of the corporate limits be set as follows, with new sections to be added to the Town Code. Sec. 19-6.1. Connection fees - outside of the corporate limits. Connection fees will be charged at $300.00 for sanitary sewer and $300.00 for water when the standard water meter and connection is provided , except as provided in Sections 19-7.1 and 19-8.1. Sec. 19-7.1. Connection fees - Subdivisions and Apartment Sites - Water Connections - outside the corporate limits. A water connection fee of $150.00 is hereby set for each con- nection in subdivisions and apartment sites in which all water mains, corporate cocks and laterals have been installed at the subdivider 's expense. Sec. 19-8.1. Connection fees - Subdivisions and Apartment Sites - Sewer Connections - outside the corporate limits. A sewer connection fee of $150.00 is hereby set for each connection in subdivisions and apartment sites in which all sewer trunk connections and laterals have been installed at the subdi- vider 's expense. Upon motion of Councilman Murray, seconded by Councilman Fishback, the following resolution was placed on the floor for discussion : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriation be made : g $75.00 - Carleton Penn - for drafting and redrafting storm sewer easement south of Edwards Ferry Road, together with con- a a ferences and legal research. General Fund. 46 MINUTES OF APRIL 12, 1967 MEETING. After a great deal of discussion, upon motion of Mayor Rollins, seconded by Councilman Fishback, Council voted unanimously that this be tabled and ask Mr. Penn to be here at the next meeting to explain this bill. Councilman Fishback reported that he and Councilman Pumphrey went over the property located at the corner of Loudoun and Wirt Street. This came to about $3.75 per square foot, less than what we paid for the Dunn property next door. They believe this to be a reasonable figure to pay for this property and think we need all the land in this block that we can get. They would reommend to Council that this offer be accepted. He said they also met and looked over the Newkirk property, this land is higher priced, being $4.50 per square foot, how- ever, the other piece on the corner will do us no good without the piece in IIIbetween. He said that the committee recommends that Council purchase both pieces of property, the corner piece at $21 ,200.00, and the Newkirk property at $18,500.00. With regard to the Newkirk property, Mr. Fishback said they felt they should accept this offer , -although they think it too high. Mr. Ritter said he had talked to Mr. Newkirk about this, that he had at first wanted $26,000, then came down to $23,500 because it was the Town. Mr. Ritter said he explained to him that we needed this property and told him that his price was about $6.00 a square foot and that it wasn ' t worth that much. About a week later , he called him again and he finally agreed to sell it for $18 ,500.00. He has had a chance to rent it , but would rather sell it to the Town. Discussion followed as to how this property would be paid for , but it was the general consensus of the Council , that these two pieces of property be purchased. Mayor Rollins asked Mr. Martin to get the exact figures on the 1st and 2nd trusts on the corner property and asked Council to be thinking about how they want to pay for it. Town Attorney George Martin reported to Council that Stirling Harrison, representing Mr. Alberts, had been presented with a counter-proposal patterned after the Deed of Easement with Saunders, but Mr. Alberts still wants two indi- vidual residential connections free of charge and he wants to be able to put into the sewer system industrial waste according to Town standards. Also , if there are any trees in excess of 3 feet , cutting these down would be subject to the owner 's approval. Mr . Ritter explained that there was only one tree in- volved. This matter was discussed and it was decided that Mr. Martin and Council- man Fishback would discuss this matter further with Mr. Harrison. Town Attorney Martin read from the Virginia Code a provision which re- quires that. a resolution be drafted as to what is to be done with the money received when the bonds are delivered to Anderson & Strudwick on April 20th. It was. decided that this money would be put into a separate bank account until such a resolution is drawn stating how it should be invested. This resolution is to be presented at the.next meeting. Mayor. Rollins expressed to all Council members his appreciation of their cooperation during his four years as Mayor. He thanked Councilman Lowenbach particularly for the very splendid manner in which he has conducted himself during the past four years and said that he had served his Town well and long. There being no further business, the meeting adjourned at 10:35 D.M. 101 ' ---. S. elk: Mayor . Clerk oft)1.e Council . 1 11 � THE 'NEED FOR A DOG ORDINANCE IN LEESBURG Some ofomy friendsuandoneighbbbors4haveycometherec thisievening-y'` toypetition'thet'Mayor'and£TowneCovncil"to enacttanbordinance restricting-the unrestrained`,depredati no saof'-thegdogtpopulation in 'our' coimo�aity ^ �` 'r t c sL a I,:14214.._ra rcCtuarca O t O oa 1.03U tiqu=l,:y ac:L,c ad,. toz')bLy fro) pot t©3 ho provided. UO do not po �e � er.ou+t e.tsv�- h�r...-. n(.a. t, A^— ntnsnC�The: rblmhas becomactiterlast sirmh -a+n.d,.enitiire..,s,. not uncommon, tbsee s many as six to eight doge in one group roaming at will,etrexI apassingrva;nd destroyine,ghruv b�bJeryd nrav nd plasn a ein°thte> y $O.; Soeventu re yCetrbrdr f �csv-trhvelatvalualehrubery" Otheshavehadfowerbeds; plats ,shrubsandvegetabl "dugtuSeedlinsZhaveGe' n trampled.°/Ons whoaisedrpvegetablegardenndoeswnot4reliahotheciaea-opieiinP amess„ofresh"kaleny toreafizeLthat"chancWartvery good iv o hat it has alreadyo-beennseason,ed owithfdog;urine..anMndbwho. oftu&D can»reasonablybeoexpectedt,topick�ou. everyy- stepnoac,our' owns, property. so,as;:to avoid"stepping;iti iieahrdog,:excr`em ill tri1e'do'not believerthat dog;,owneis hisvn�ths rri.ghtgtoQallow-theirnp'ets°to-ream unrestricted on'-the proper`hea,af others The,p=ob1`em isuaggravated by�dog,owners,lwhoeiedtriprtheiitidogs 'parttime-apd thenr' turntheem loosefoi .a 2romp".Lthese dogs invariably head for a neighbor s , yia-to ci th`e,ab'usiness"p-Zia- -'pc t''" tho taiycr (12V :ec= got te$ ; nt'orct'rYi ^wn5 --.t.n ..-,7 nor-. tl-^3t' C... en. 9n7n,n t n..lo �. As .private citizens we believe that we should do whatever4we4can- i `: le U !-. '1. av♦ 1)rtih's- nes vY a r- nl '7 10'to' solve'our�ownproblems before resorting�to5}re ueats forhel from�the rTown_Councii. ,Withvthis inmind,;there are severaittways pen tous_to.;solvo'this'problem1on"11 'an°indivi`dusl basis: First= Shoot''or-poison',the3dogee_ Tk lairs�not�Ctie�anawer,Cascs ootingA 94n firearm§ withiritithe city' limits ie- forbidden:nIThe�thought- of,shooting nor ,poisoning 'a child's pet as�,repugn Co us'al-1, anyway;cand poisi'oning'' inhumane. it is not our desire to deprive people of their rightto,_own,pete. _Secondd;,�,Each individual could fenc e, his� property. This-,would cost..each.property-owner aconservatively :�o leatigiatad ;emourtgof S200„oz-*rey�_money-whichteould' be'better used 'elsewhere., Fences along the' front'of prropert IPd-'are t'desired� by many-and,are not believed . toenhanceproperty values-oresthetic qualities;,and"in"+fact,would,detractand'cause'considerable• incon- venienc`e_.in many'`. instances:"'Some, landowners have�r'eatrictive!'clauses tine-the r;deeds.--prohibiting;erection. 'ofofences,along1their.property fronts. ,We do`not therefore believe that erection of thousands iof'feet_of;'fences-is destrablye;as'�a_solutionzor(should be-aMrequire- ment, for :proper_protection. LThird Solicit jcooperationp ofz alt-' ,residents_r o, restra .ntheir.dogs�voluntarily_.'-We believe this toy be entirely ,unsati-sfactory-a`c those wo w hould cooperate are already. doing so, in consideration of others property rights and out of. concern for the welfare of their pets. One lady in our community A was heard to remark, "I certainly will be glad when spring comes so the dog can be let out- to crap on other people's lawns." Many people in our community have their dogs properly fenced or tied. These dogs are not objectionable. We find that all our possible individual courses of action are objectionable and are, therefore, turning to the Mayor and Town Council for help. 27.7:2) :'r A CCG oaDinAnca IN Lass= We suggest and ?.urge„ s •an,yordinance, meeting the following minimum requirementbi All dogshilltbb sestrictednto° theii oWnei'e per protrexcept while.on'loash of gtherwiserrestrained' within a conveyance. We 'suggest-'that aomiaimum requiredsspace ofs1000T"- square 'feetl(preferably more) per dog be provided. 'We do not believe,it desirable^to constantly„ restrict a dog�to aashort leash where S, may hot properly*exerciscon e."the centra`tion°of°t animal waste` th such a' small:area sgalsaaquite offensive to t:103 neighboring°p'r parties yesppp`ecially5dur rig?the�sum<ner; thus°the 7 suggeotedrma'inima„`=`�ap&cegrgsirement° ViolationcePkpacet=e`quire-° menta;after_ secondticomplaint-sad° ninspecti n tiy:-thermedogtwarilen” ehouid-result'=iii�co`nfiscation of th©.'aniuial to't'ems=ed'eF3ased. 6r 'the° "o?5ner'upoii payment'f a fine°swat$out'below.ucDog`srfouadarunnisig loose3andficaptured;shouid=tie2im oundea forSa`�period of threesto'five days` andhgivenar ;'good°ce: t`dimers'L�mayYredeem °theaan�imaL'by paySment • e�h of1a finoi less)than-$10;"but�not``ctoielthanh$25 'fo 'at fiestas Nr.+ p+r.':• r• offense: §econ6; offe"iiae' pr_fatliie�'to F Id im°woul`d''16quii'&dia- pt iigxof_the animal`by` selling'toninteresteda p"artiea upon payinento2 of thefihe'; !d;:eu stiru,,c,1 tioa: sentdingtonr�iesear $,a=ganiiatintieasuhbaaeNlH;orvan `3n!fairnesetoallAno'accountho'&ldlbe takenjofvat 0 pedigree."-Then"dogordiaanceugehouldbefiforcedba""douwardei" subrdiaetetosheopolice' deartmentorbhe .Mayor°end TownLeauncil .do their -ta J`,t.: JJ"o Althoughcthe, suggested ordinance may_ seem harsh todog lovers (and many of Although, do"g,�l`overs;°too)l'we believetthaC it°isvfiecessary in order-to be 'effective'and to`malie-it3worthwhile of°administering. Penny¢anter'fi.nesufartviol'ae'ionissare`lai suffisi:ent nduaiii* Ston. many owners°to�cu=b the-dest%vctive letivttiesuof theis3 petstoe Property owners asapwhole°shouldInotcbefriequiredhto'foot 'the5bills ti for- the'destruction of�'property^by dogs'belonging- ohthe`feia who 0ttt do not properly care for'�their�ani.mals: to u° [211_49- Ly s7.' cry LG to pot our desire to deprive p^,.op10 of In-summationo;welbelieno: that=a�atrong an`d'°en'foiceabl'eldog ordinance is°requiredafo`i ih'eLgrotectionjof}'all residentsaoYLeestivrg:olMost oY vs�ere "dog"lovers"lebut 'e vesyoneFelse's who-takes'a fancy'to purr `shrubbery..o%We arer'not"advocating'that'- bog's be^outlawed io Lees6urg."tQuitenthe)`cont'ra=y;c fgztmost2of'usic . kno�a°the°valus ofAa?dog!stcompaiiiohship'froia our=chi!'dtioofl�flays= " aad'his°value^ea a, watchdog. "W'e3dSTn`of' wish toiler9?anyonevthelnus03 `Fightyto own,whatever heiwishea,;i6ut?wetdoonwt ot° sh to{have"our' `l ights°'infri`nged�thereby.yt Wo.thereforeyresp6ctful•1'yeprequestaan'd3 urge the'=Mayor-and Towni, Council°to3tat&immediate`'sts-t&eaactta°" workable "doggy_ordinae" nc -�foz„Leesbutg;aas' we betievetthat='it?would bejb'eneficial-'tos" 11"reaidentss:asvirel.ltas'itlie MaiiriiisticiriV61-Verd2 be c v roty cncettei;G2t. s;' c° chose ' no ticaXe cooante ate already doi23 co tri ecnoldoration c>? Cthcpo' ;roper'ey Pt,.,chtz c_rd ci c of cczca-'n for no cnlfazo of their pots, Ono trey to car co a.t.ty uno hnerd co rcylv7zo fl% certainly tail be stud who QVs2?3 cc C CO tbo do3 can b ;:c out to crap c3 other pooplo°a Lavaca" Ac11y potpie in our e;:rs.-71:1:'Sw have noir dogs orcpc ly fenced cr do&, 2hoao Cosa aro n3-_, 15:* ;_t eriaflc,o trio find thee all G, p_33ibtcs individual course° of actio cyc c5jecticna to and aao° ttherefore° turning to the Mayor end toe s Council fcr t elpo