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HomeMy Public PortalAbout1969_11_26 107- MINUTES OF REGULAR MEETI?C OF .LEESBURG TOWN COUNCIL, NDVEMBER 26 , 1969. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 W. Loudoun Street , Leesburg, Virginia , on Novem- - ber 26 , 1969 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Hill offering the prayer. Those present were : - Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill, Frederick R. Howard, Walter F. Murray, John W. Pumphrey and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. Ab- sent from the meeting was Councilman Robert A. Orr. The Minutes of the regular meeting of November 12 , 1969 were ap- proved as written. Town Manager Ritter reported the following : (1) The Multiple Listing Service is appraising the Sewage Treat- ment Plant property and should have a figure by next Council meeting. We have to decide very soon whether we want to sell this property along with the equipment, buildings, digester full of sludge , etc . (2) Mr. Wendell Kline is willing to serve as an appraiser for the Town on the Myers Well. His name will be considered by the Utility :.O Committee next Monday. • O - (3) The payment of $91 ,858 to English Construction Co. for Esti- = mate No. 13 will not give us quite enough to apply for our third Fede- = ral Grant payment . However, the next estimate of around $82 000 will put us way over the qualifying mark. We still have another $300,000 coming from the Federal Grant . A Public Hearing was held on the rezoning request by A. L. B. dilerega , III and W. A. Herndon, Jr. on the west side of Dry Mill Road at -Loudoun Street from R-1 to A-3 . 'There was no-one to speak either for or against this rezoning., however, Mr. Forbes pointed out this particular piece ofproperty on a map for the benefit of the Council. Councilman Murray explained the position of the Planning Commission, stating that, in the beginning , the application was for a smaller por- tion of this land to be rezoned. , The Commission was, at that time , unanimous in feeling that this would be spot zoning. A Committee of Messrs . Lay and Cross was appointed to investigate the desirability of extending this on out to where the old Railroad crossed Dry Mill Road. It was the consensus of the Commission that the area across from Dr. Orr and adjacent buildings would be a prime spot for gas stations, etc . , and it was felt that townhouses would certainly be more in keeping with the needs of Leesburg . It was also felt that there was a sufficient buffer between this proposed tract and .the new Rock Spring development . There are town houses and commercial land on one side of the street , so the Commission was unanimous .in feeling that this then would not be spot zoning and is in favor of this rezoning. Several questions from Council- men followed regarding streets and other improvements in connection with this rezoning. Answers were supplied by Councilman Murray , Mr. Herndon and Mr . Forbes . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following Ordinance was adopted by unanimous roll call vote : • BE IT ORDAINED by the Town Council of the• Town of Leesburg, that the Zoning Ordinance be and it is hereby amended by amend- ing the Zoning Map from R-1 to R-3 a tract of land consisting . of 12 .5 acres on the west side of Dry Mill road at Loudoun Street , in accordance with the plat submitted by A. L. B. diZerega, III and W. A. Herndon, Jr. with their application. • ' An application from Gold Star Homes , Inc . for rezoning of the Carter tract of land was brought to the attention of Council.- On motion of Mayor Rollins , seconded by Councilman Howard, this application for re- zoning was referred to the Planning Commission for the proper procedure and recommendation to the Council . Councilman Hill suggested that some- one from the School Board be called in on this. Councilman Murray said he agreed with this , but doubted that another school would be built in this area ; that he is under the impression that the present Catoctin Elementary •School lends itself to expansion. - 1 8 MINUTES OF PDVEMBER 26 , 1969 MEETING. - • An application from XVI, Joint Venture, Maurice F . Biddle , Trustee , for rezoning of a tract of land on Davis Avenue northwest of .Route 15 was also brought to the attention of Council. On motion of .Mayor Rol- • lins , seconded by Councilman Pumphrey, Council also referred. this ap- plication for rezoning to the Planning Commission for the proper pro- cedure and recommendation to the Council. . On motion of Councilman Wallace , seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the "Airport Fund" of the Town of Leesburg be transferred to the First National Bank of Purcellville . On motion of Councilman Wallace, seconded by Councilman Howard, and after explanation or some of the items by Mr. Ritter, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that the following appropriations be made : . $ 2 ,622 . 50 - Johnson and Williams - Due .on Design of Potomac Water Line . (1969 Bond Issue) 91,848.60 - English Construction Co. - Est . #13 on Project S-I. (1969 Bond Issue) 232.80 - Eye Beams for Evergreen Mill Road Bridge. (Streets-Capital Outlays-Bridge Repairs) „ 958.36 - Pipe for Storm Drain through .Fisher 's yard on Edwards Ferry Road. (Streets-Capital Outlays- Storm Drain) On motion of Councilman Howard, seconded by Mayor Rollins , .the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the low bid of $9,120.00 on the Semones-Durfey Storm Sewer be awarded to McLeod Construction Company. . . Discussion followed regarding this project .and,, on motion of Councilman Pumphrey , seconded by Councilman Wallace, Council voted unanimously that this be referred back to the Finance Committee to see if they can come up with the necessary funds . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that an Easement Deed be prepared by the Town Attorney for a Storm Sewer through the property of Fisher on Edwards Ferry Road. On motion of Councilman Pumphrey , seconded by Councilman Wallace, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Lucas Phillips , et al be contacted on the possible ac- . quisition by the Town of a parcel of .land containing. 0.5922 acres , for a proposed street between Market Street and Corn- . wall Street , as shown on plat prepared by Walter L. Phillips dated October, 1969. .. . On motion of Councilman Pumphrey, seconded by Councilman Hill, the following. resolution was unanimously adopted: WHEREAS, the owners of the property at thesoutheast corner of Loudoun Street and Wirt Street were notified by resolution. on September 10, 1969 that the dwelling on said property is dangerous , offensive, unhealthy and is a general nuisance by reason of dilapidation and defect of structure , and has be- come dangerous to life and property, and i09 MINUTES OF IDVEMBER 26 , 1969 MEETIN3. WHEREAS, the property owner was notified on September 10, 1969 . that the continuance of the above building is in violation of Sec . 12-8 of the Town Code, and WHEREAS, the property owners:informe&the-.Town :Council that - they are in favor -of .the above action, which would allow them to evict the tenants, clean up the property and start con- struction of a decent building, and WHEREAS, the property owners have made no effort to correct the above conditions , but have created an additional fire hazard and unsightly condition by the ' piling of brush, tree limbs , etc . in the front yard of the above property, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the property owners be notified that, if steps are not taken within 30 days to correct the above conditions, the Town will proceed under Sec . 12-10 of the Town Code, which provides for a penalty for this violation. On motion of Councilman Howard, seconded by Councilman Hill, the following resolution was introduced: WHEREAS, there is now under consideration the construction of the southwest quadrant of the Leesburg By-Pass from Route 15 to Clark 's Gap, and WHEREAS, there are two routes under consideration, known as the "Blue Route" and the "Red Route, " with the "Blue" Route being described as the route that follows the abandoned W. & 0. D. Railroad from a point near DryaMill Road in Lees- burg to a point at Clark 's Gap, and the 'Red" Route being described as the route that utilizes existing Route 7 from the west corporate limits of Leesburg to a point at Clark 's Gap, and WHEREAS, the State Highway Department has asked the Town Coun- cil of the Town of Leesburg for its opinion on which of the two routes the road should be built, NJW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the "Blue" Route be selected for this very important construction because of the following considerations : (1) The "Blue" Route is a safer route because of it being "limited access , " as opposed to "partial controlled access" on the "Red" Route . No entrances will be permitted on the "Blue" Route, whereas there are numerous entrances on the "Red" Route. The "Red" Route would permit a crossing at grade at the foot of the mountain where the By-Pass would intersect existing Route 7 at the west corporate limits , and which would result in a very dangerous traffic situation for traffic getting on and off the By-Pass at Route 7 . (2) The "Blue" Route is shorter, it is straighter and has a . much better grade than the "Red" Route. Trains used to travel the "Blue" Route with a maximum grade of two per cent . The "Red" Route has a very steep grade, and is hazardous during snow and ice conditions . (3) The "Red" Route conflicts with the Master Thorofare Plan of the Town of Leesburg, which shows Catoctin Circle , a street with a 70-foot right-of-way, paralleling the By-Pass only 500 feet away at the Route 7 intersection. (4) The "Blue" Route would be a much better facility and have a longer service life , inasmuch as it would be "all new" and would encompass all of the latest designs in highway construc- tion, whereas the "Red" Route would utilize the existing 22- foot pavement which is outmoded for modern day traffic , and which would have to be rebuilt at a future date . l�U MINUTES OF NOVEMBER 26 , 1969 MEETING. Mayor Rollins introduced. two letters to be placed in the record, one from Mr. and Mrs . Merino J. Pesi, and one from Mr. Charles R. Norris , both expressing their disapproval of the "Blue" Route . Council listened ,. to various reasons .for _disapproval of this route expressed by Mr. and Mrs . Charles Norris , Mr. Joseph Pesi, Mr. A. Clinton Cook, Miss Mildred Gaines and Mr. Grant Buntrock. Council discussed this matter at great length and pointed out to these people that the only reason they are reconsidering this question is because the Highway Department has asked the Council and the County both to definitely vote for one route or the other. A roll call vote on the above resolution showed 5 for and one against, that being Councilman Pumphrey. • There being no further business , the meeting adjourned at 8:50 P.M. et Mayor C er o th Counci