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HomeMy Public PortalAbout1971_08_11 • MINUTES'COF REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 11, 1971. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on August 11, 1971 at 7: 30 P.M: The meeting was called to order by the Mayor. Those present were: Mayor Kenneth B. Rollins , Councilmen G. Dewey Hill, Walter F. Murray, Robert A. Orr, John W. Pumphrey, C. Terry Titus and John A. . Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. In the absence of the Clerk, Mr. Ritter was appointed Clerk-Pro-Tem. Councilman Titus corrected the Minutes on the 4th page, second paragraph, next to last sentence, to read as follows : "Councilman Titus asked if Dewberry, Nealon & Davis had considered resizing of the lines for high density. " The Minutes , as corrected, were then approved. Town .Manager Ritter reported the following: (1) We received encouraging news yesterday from the Division of State Planning in Richmond on our Federal Grant application for the Potomac River Water Project. They said they are placing us at the top of the list. This does not necessarily mean that we will get our Grant, but it is a step toward that goal . A fifty per cent grant is about the maximum that we can expect to receive, therefore, we are asking for $750,000. This information will be for- e warded to us in a letter and is a step toward our gaining sufficient points in C order to qualify. (2) The mercury seals in our rotary distributors at the Sewage Treatment Plant will have to be replaced shortly with another type of material. This will cost about $15,000 . Mercury has been traditionally used for this purpose for a long time, however, because leakage of mercury into the effluent is possible, the State Water Control Board has ordered its elimination as quickly as possible. (3) He met with Mr. Ed Brown and Mr. William Altizer last week regarding the land needed for the Hospital Road. They have given us permission to stock the dirt on their property. They will give us the right-of-way needed if we rezone the property B-1 , Community .Business District. However, if it is not re- zoned, they will stand by and we will pursue our course on condemnation of the property. He said he is concerned about the possibility of a high award by the Court on this property and he feels serious .consideration should be given to re- zoning. They would like to have the feeling of the Council before they would make formal application . (4) Michie Company advised that it will be four to six weeks before we receive our Town Code Supplement. • (5) VEPCO has completed their study of our street lights , however, the cost is more than we can stand in this year' s Budget. We provided for an increased expenditure of $2,000. Just the 20 - 42,000 sodium vapor lights would cost $1 ,100 more than the present lights . This matter will be reviewed at next Monday' s committee meeting . (6) The amendment to the existing Ordinance to cover mud has been copied from the State Code. (7) The letter from Community Housing and Research Corporation asking for assurance of water and sewer availability states that they expect to commence construction within 180 days and to complete the project within 18 months there- after. (8) Thepproposed Ordinance to amend the time limit for a Zoning Certificate should be referred to the Planning Commission for a Public Hearing by that Com- mission. ( 9) The payment of $5,450 to the Fire Department in January, 1971 was not in accordance with the Agreement that we have with them. The payment is based on population and we over-estimated the population . In fact, we have probably over-estimated these figures for the past five years. Last year's payment was $902 more than it should have been. We had only 4,821 people in 1970, according to the Federal Census , and the payment should have been $4,548. (10) The plat attached to the Deed to the Loudoun County Rescue Squad shows 31 ,196 square feet, of .72 acres , and is correct. The sketch originally prepared was for only one-half acre. L4 . MINUTES OF AUGUST 11 , 1971 MEETING. —(-11) There will be a Public Hearing on August 18th at Catoctin Elementary School that the Council should be concerned with. This hearing is being set up by the Interstate Commission on the Potomac River Basin, the purpose to inform the public and get the public reaction on the creation of a Metro Washington Water and Waste Agency. This could affect the Town of Leesburg, particularly on ' the Potomac Water Project. (12) He had a letter from Larry Brown, stating that the Board of Supervisors will clarify its intent on participation in the Court award on the Hospital Road land insofar as the "quick entry" method is concerned at its meeting on August 17th. Mayor Rollins spoke of a letter he had received from Johnson and Williams . It appears that we have top priority on the Federal Grant and stand a good chance of getting $750 ,000 for our Potomac River Water Project. Mr. Williams will be present at the next meeting to discuss our 1.5 million dollar bonds and the Grant . The Mayor also asked Council members to let Mr. Ritter know if they plan to attend, the Municipal League Convention in September. Mayor Rollins asked if Council would consider rezoning the Lucas Phillips , et al land. Councilman Murray said he would, if the use would be compatible with the Hospital. This matter was discussed, but no action taken. f' Mayor Rollins • called attention to the fact that the manhole at the intersection of Valley View and Davis Ave . is low. Councilman Wallace also asked why there is a 25 mile Speed sign for eastbound 7 traffic opposite Leesburg Plaza , while there is a 35 mile • sign just east of Catoctin Circle . Mr. Ritter explained that the Highway Department erected the 25 mile sign as a warning of the By-Pass construc- tion ahead. • Councilman Titus asked if anythinghas been worked up on English Construction Company 's penalty . Mr. Ritter replied that he had received a letter from English Construction Co. , outlining the reasons why they should not be penalized. This letter was forwarded to Johnson and Williams for their comments . The Town Attorney will be asked his opinion in light of the extra expense entailed by the Town for inspec- tion . - Councilman Titus also asked the status of the curb and gutter and sidewalk construction. Mr. Ritter said the-:contractor completed pouring concrete today. The Town is doing the necessary backfilling and paving next to the gutter . Councilman Pumphrey asked if we have heard -anything about the new street sweeper. Mr. Ritter said we have not. Mayor Rollins asked if the high places in the pavement on Rt. 7 can be corrected. Mr . Ritter said the Town forces will have to dig them out and patch them. Mayor Rollins also said that Town Attorney Martin will file the "early entry" papers on the Phillips , et al land. A Public Hearing was held at this time on the rezoning request of Charles T. Brosius and William Parramore of 8. 588 acres of land located on the south side of Fort Evans Road from R-2 to B-2 . Mr. Forbes pointed out the location of this proposed rezoning on a map. Mr. Samuel D. Engle , attorney representing Mr. Brosius and Mr. Parramore) pointed• out the need for rezoning in that area and that , with the 9 .3 acres they pres- ently have zoned B-2 , this additional 8 . 5 acres would give them 17 .8 acres of B-2 zoning . Mr. Brosius pointed out that the only properties he would not own in this area, if this rezoning is permitted, would be the Larson, Wolverton and Campbell properties . He said he plans to de- velop the site as a shopping center . It was pointed out that Fort Evans Road carries a 60 ' right-of-way, and that the Highway Department. had taken sufficient right-of-way on Rt. 7 to provide for a ramp exit . t5 MINUTES OF AUGUST 11 , 1971 MEETING . Discussion followed concerning the proposed land development, proper entrances to the site and improvements in front •of the property along Rt . 7 and Fort Evans Road, with road widening-; if found necessary, along with dedication of land. The Mayor asked that the Minutes show that Mr. Brosius agreed to the above , and that he would pass this information on to the buyer, in the event he sold the tract . On motion of Councilman Orr, seconded by Councilman Murray , the fol- lowing Ordinance was adopted by unanimous roll call vote: ' WHEREAS, application for an amendment to the Leesburg Zoning Map numbered ZM-4 was made by Charles T. Brosius on the 13th day of May, 1971 ; and WHEREAS , the said application has been processed in accord- ance with the provisions of Article 11 of the Leesburg Zoning Ordinance and Article 8, Chapter 11, Title 15 . 1 of the 1950 Code of Virginia , as amended ; and WHEREAS, it has been determined that such amendment to the Leesburg Zoning Map is in the best interest of the Town of Leesburg , virginia ; NOW, THEREFORE, BE IT ORDAINED by the Council for the Town a of Leesburg, Virginia , that the Leesburg Zoning Ordinance be and the same is hereby amended by changing the land use as designated on the Leesburg Zoning Map as follows : From R-2 to B-2 , 8 .588 acres of land located on the south side of Fort Evans Road, bounded by Fort Evans Road on the north, the property of Tunis Campbell and Brosius and Par- ramore, et al on the east , the Leesburg By-Pass on the south and the property of Brosius and Parramore, et al on the west . On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following Ordinance was adopted by a vote of 6 to 1, with Mayor Rol- lins objecting : BE IT ORDAINED by the Town Council of the Town of Leesburg, that Sec . 13-22 of the Town Code be amended to conform with State Code Sec . 33 . 1-350 : Sec . 13-22 . Throwing or depositing certain substances upon street ; removal of such substances . No person shall throw or deposit or cause to be de- posited upon any street any glass bottle , glass , nail , tack, wire, can, or any other substance likely to injure any per- son or animal, or damage any vehicle upon such street, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other sub- stances so as to create a hazard to the traveling public . Any person who drops , or permits to be dropped or thrown, upon any street any destructive, hazardous or injurious ma- terial shall immediately remove the same or cause it to be removed . Any person_ removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious sub- stance dropped upon the street from such vehicle . Any per- sons violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, punished accordingly . On motion of Councilman Wallace, seconded by Councilman Pumphrey, the following resolution was offered: WHEREAS, a request has been made from Community Housing and Research Corp. for assurances of water and .sewwer availability to serve 198 proposed apartments next to Fort Evans Gardens Apartments , 1'6° MINUTES OF AUGUST 11 , 1971 MEETING . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that assurance is granted for water and sewer a- vailability to serve these apartments , provided: (1) There is sufficient reserve in the water and sewer lines at the completion of the apartment development . - (2) That there is sufficient reserve at the water supply source , and available capacity at the Sewage Treatment Plant . (3) That arrangements have been made to construct the "Doug- las Relief Sewer . " (4) That the developer conform to all ordinances and policies established by the Town of Leesburg . On motion of Councilman Titus , seconded by Councilman Wallace , the fol- lowing amendment was proposed to the second paragraph: "that water and sewer is available . " Mr. Engle explained the letter from Community Hous- ing and Research Corp . Councilman Murray said that the Town would make every effort to let them have water and sewer. The above amendment was then unanimously adopted, and the resolution, as amended, was also unani-° mously adopted, the second paragraph now reading as follows : NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town _' of Leesburg , that water and sewer is available to serve these apartments , provided : On motion of Councilman Murray, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg , that Fred A. Meyer be appointed Issuing Justice for an indefi- nite period, and that he shall retain the fees for performing the services of an Issuing Justice in the same amount as is permitted under Town resolution, but shall render an account- ing thereof to the Auditor-Treasurer semi-annually. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following Ordinance was referred to the Planning Commission: BE IT ORDAINED by the Town Council of the Town of Leesburg , that Sec . 9-2 of the Zoning Ordinance be amended to provide that the Zoning Certificate expires 12 months after issuance. Councilman Orr left the meeting at this time . On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was unanimously adopted: WHEREAS, a resolution was adopted by the Town of Leesburg on March 24, 1971, selecting the firm of Henningson, Durham & Richardson to prepare a Master Plan for the Leesburg Municipal Airport, subject to negotiations of a satisfactory work state- ment and fee , and WHEREAS , said firm was selected to perform this service, in accordance with Contract dated April 26 , 1971, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Mayor be authorized to sign said Contract on behalf of the Town of Leesburg . ' Councilman Titus asked about the schedule of fees and said he believed the Town Manager should inform them not to invoke fees without prior no- tice as to schedule . Councilman Wallace commented that Joe Lake of Greenhorne & O 'Mara was informed at last bight 's Planning Commission meeting. of the Master Plan being prepared for the Airport . MINUTES OF AUGUST 11 , 1971 MEETING . On motion of Councilman Murray, seconded by Councilman Titus , the Mayor was authorized and directed to sign the Deed to the Loudoun County Rescue Squad, which reads as follows : THIS DEED made this 6th day of August, 1971, by and between the Town of Leesburg , State of Virginia, a municipal corporation, hereafter called Grantor, and the Loudoun County Rescue Squad, a corporation duly chartered by the State of Virginia , here- after called Grantee . WITNESSETH : That for and in consideration of the sum of Ten Dollars $10 .00) cash in hand paid, Grantor hereby grants and conveys in fee sim- ple unto the Grantee that certain tract or parcel of land situ- ate, lying and being in the Town of Leesburg , Loudoun County, Virginia , containing 31, 196 square feet of land and more par- ticularly described according to survey and plat attached here- to made by DeLashmutt Associates , C.L. S. , dated July 1971 by metes and bounds as follows : RP BEGINNING at the intersection of the south right-of-way line rof South Catoctin Circle and the original center line of Clay Ty - Road (abandoned) ; thence departing from the said south right- of-way line of South Catoctin Circle and running along the original center line of Clay..-Road (abandoned) on the follow- ing courses and distances : S 25°00 '00" E-106 .42 feet to a P. C. 106 .47 feet on the arc of a curve to the right, which curve has a radiusof 305 .00 feet and the chord of which arc bears S 15°00 '00" E-105 . 93 feet to a point ; thence departing from the original center line of Clay Road (abandoned) and running through the property of the Town of Leesburg S 73°00 '00" W-145 .00 feet and N 19°59 '40" W-206 .42 feet to a point in the aforementioned south right-of-way line of South Catoctin Cir- cle ; thence running along the said south right-of-way line of South Catoctin Circle 145 .02 feet on the arc of a curve to the left , which curve has a radius of 695 .00 feet and the chord of which arc bears N 70°58 '40" E-144 . 76 feet to the point of be- ginning . Containing 31, 196 square feet of land. Subject, however, to a 30 foot sanitary sewer easement running along the east line of the above described tract and any other easements , rights-of-way or restrictions of record. This conveyance is made upon the condition that, if and when grantee should ever cease to use the land herein conveyed to store or house equipment used for purposes of aiding or res- cuing the sick, injured or persons in positions of danger or peril, or if the corporate charter of grantee is dissolved, then title to the above described land shall revert to Grantor, together with all improvements thereon. WITNESS the following signature and seal : The Town of Leesburg State of Virginia By (S E A L) Mayor Attest : Clerk of the Council for the Town of Leesburg , Virginia Councilman Wallace explained that Joe Lake of Greenhorne & O 'Mara was presented a •,'-.'.'Revised Schedule of Work" to be done on the Master Plan by the Planning Commission, with priorities placed on certain items . Also, they asked that the area of study be reduced on the north by approximately one-half mile and that it be increased on the south by approximately one- half mile . ES` MINUTES OF AUGUST 11 , 1971 MEETING . On motion of Councilman Pumphrey , seconded by Councilman Wallace , the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg that the Town Attorney be authorized to pursue with an injunction against Parker Enterprises on junk cars parked on his property west of Catoctin Circle . Councilman Pumphrey said he thought the property was to be sold "and the cars would be moved at that time . Mayor Rollins suggested that Parker Enterprises be given 30 days to move the junk cars , or an injunction be gotten . It was the general consensus of Council that this be done, therefore, no action was taken on the above resolution . Councilman Murray explained various studies being made by the Nor- thern Virginia Planning District Commission, and he was asked to . see if they would take a position on the location of the Southwest Segment of the Leesburg By-Pass . Councilman Wallace asked about: the balance due payments on the Sewer Projects , as shown on the monthly Financial Report . Mr. Ritter explained that they were over-appropriated. There being no further business , the meeting adjourned at 10: 10 P.M.1 4.(1211-clt //j. CMayor I" �iti4--; Cl W o'f the Council Pro-Tem • • • 1 • 1