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HomeMy Public PortalAbout1971_10_13 s.6 MINUTES OF REGULAR MEETING OF. LEESBURG TOWN COUNCIL, OCTOBER 13, 1971. A. regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street, Leesburg, Virginia, on Oc- tober 13 , 1971 at 7 :30 P.M. The meeting was called to order by the Mayor, with the prayer being offered by Councilman Titus . 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. • Councilman Titus questioned whether the sewer line across the land of Mr. Wallace should be a 21" or a 23" on Page 1 of the Minutes of the last meeting. Mr. Ritter said it should read only "a 21"sewer line." He also questioned the price of the inserting valves in Item (2) of the Town Manager 's report on Page 2 . Mr. Ritter explained what he meant by this . Also, on the third page, regarding curb and gutter on North Street by the Episcopal Church property, a portion of this should read "Councilman Titus said the amendment to the Subdivision Ordinance that he is working on would require this " The Minutes, as corrected, were then approved. Miss Agnes Sailer of the LEICA group appeared before Council, asking the Town Council to consider a location where people might leave cans and bottles for recycling and transporting them to Tysons Corner, where a - - Center for this group operates . She explained the operation of this project and also expressed a desire that the Town might , in the future, use some means to turn garbage into compost. This matter was discussed,: `;`. with the Mayor referring it to the Utility Committee . Miss Sailer was invited to attend this meeting next Monday at 3 :30 in the Town Office if she so desires . Town Manager Ritter reported the following : (1) The first two appropriations in Item 2 on the Agenda have been before the Finance Committee. The bill from Dewberry, Nealon & Davis for $571 .00 is for time spent on checking drainage, size of pipe, etc . on the Leesburg Village Apartment project. The developer has been billed this amount, plus an amount for the time the Town spent on this . The. two appropriations to Yount, Hyde & Co. are $100 for the regular audit, and $330 for time spent helping Mr. Plaster when Mr. Ward was out sick. (2) The transfer of $25,000 from the Utility Fund to the General Fund is reflected in the balance before you tonight . This had to be done in. order to pay outstanding bills . Even at that, we will probably have to ask for another transfer before we receive sufficient revenue in the General Fund, which will probably not be until the. 1st of Decem- ber, depending on when the tax revenues start coming in. There is still a payment to come in from the Highway Department. He listed several pay- ments which will have to be made very shortly. (3) On Item 4 , the words "plus rock excavation at $15 .00 per cu. yd. " should be struck in both places - it was not the position of the Town to pay for rock excavation on this project . (4) Item 5 , the comprehensive drainage study, has been discussed by the Street Committee and this is something we need very badly . As it is now, it is impossible to tell developers what their cost is on off-site storm sewer construction and we have several standing by waiting right now. Incidentally , they have not run up against anyone yet who refused to pay this charge. (5) On Item 6 , there is. no sewer line on Market Street between Ayr and Morven Park Road -. there are four houses not on the sewer. We have. made a horseback survey, showing the route by which these four . . : houses could be served. This would come from the line on Loudoun Street . . across the Babson and/or Vandevanter property and across Market Street to a proposed manhole on the north side . The estimated cost would be around $14,400. This was obtained from Dewberry, Nealon and Davis and woulc include engineering and contingencies . It sounds like a large amount to serve just four houses , but the Town has an obligation here. The hook-up charge would be $200 .00 for each house . At the present time, only one of these four is having trouble , but his sewage is coming up in the yard and is a health hazard. 3T . _ MINUTES OF OCTOBER 13, 1971 MEETING. (6) The Manual on Suggested. Design Criteria , etc . was given to you about three weeks ago for study. These are things we are doing now and • are nothing new. This merely places them in a Manual so that subdividers , engineers and developers will know what is expected of them. Mr. Moody has spent a lot of time on this and deserves a lot of credit . (7) Items 8 and 9 are authorization for advertisement for sanitary • sewer jobs , plus the- Hospital Road. The plans and specifications are all right , but there are a total of 15 easements on both sewer jobs and we have obtained only two signatures . We know we are going to have a difficult time in getting one of these in particular, and it may-mean an appraisal and a sum of money to be paid for it . If we set the date for opening of bids for November 15th, we- have 10 days- in which to award the contract, so it would be the middle of December before the contractor could start:. We should think about this in the face of not getting some of these easements. (8) The Cover Sheet for Subdivisions and Site Plans was actually prepared by Mr. Moody and reviewed by Dewberry, Nealon and Davis. The wording in the resolution should be changed to reflect this . 4' . 0 Councilman Titus reported that the Board of Architectural Review had approved the plans on the old Eagle Hotel except for the color, as Gi. well as approving the sign on the Harrison Building for Levitt . He com- plimented Councilmen Hill and Murray on their presentation before the County Planning Commission, although he hopes we will have better re- sults at future meetings . - Councilman Titus also asked about the Performance Bond on Virginia Knolls that was approved at the last meeting . He said it is his under- standing that the plans are not approved on this . Mr. Ritter said he was not aware of this at the time of the approval of the Performance Bond, however, he is at this time . He said there are some items on the plans subject to change, but none that will affect the Bond - they are just a matter of arithmetic . Councilman Titus announced that the Kiwanis Club has asked Mr. Pearce of the FAA to speak on low flying planes over Leesburg at its meeting on October 26th at 6 : 30 P.M. He will present a movie and there will be a discussion period afterward. He invited all to attend that are inter- ested. Councilman Pumphrey said that Mrs . Yates had called and asked him to convey her thanks and appreciation to Mr. Moody , Mr. Weatherholtz and Mr. Bozel for the fine job done on the storm drainage problem in front • of her house . Councilman Murray reported that the Board of Supervisors has graciously offered to meet jointly with the Council regarding the ex- • tension of the Town 's subdivision jurisdiction , and he hopes the Council can meet with them, probably either before or right after the election. He said that, if we get an entirely new Board, they would have to go through the same- procedures all over again. Mayor Rollins said he informed the County that he didn ' t know whether the Town would meet with them or not • but he asked the opinion of the Council. It was the general consensus . that they meet with the Board, but there was a question as to whether with this Board or the next one . Mayor Rollins said there might be some other matters to be discussed as well. Both Councilmen Murray and Titus expressed their desire that they meet- with- the present Board. Dates dis- cussed were possibly Thursday night , Oct. 21st, or perhaps after the regular Council meeting on October 27th. Mayor Rollins will look into this and the Clerk will call Council members regarding this meeting. Mayor Rollins asked Mr. Ritter if he has made any progress on hir- ing a Director of Public Works . He said he had talked with several peo- ple from different parts of Virginia and has placed ads in three publi- cations , one with a wide circulation in Virginia, the other two all over the country. Mayor Rollins said he believed someone should go out and look for a Director and Mr. Ritter said he would be glad to do this . Mayor Rollins said he believed he should be a top-notch man, even if it takes money to get him. He also feels that we are going to need a man in the field, an inspector on the job full-time, who will supervise the 88; MINUTES OF OCTOBER 13, 1971 MEETING. work that is going on. The fees which the developers pay for approval of plans will pay this man 's salary . Therefore, he feels we should look for two men at the same time. He asked how the Council feels about this . This matter was discussed at length, particularly with respect to salary to be. considered for a Director of Public Works and qualifications for this job . It was stressed that when a Director is hired, he be tied to some sort of contract so that he will not use the Town of Leesburg as a stepping stone to another job in another area . It was decided that Mr. Ritter would look for a Director and offer him a reasonable salary, then come back to Council to see if they will accept his proposal. Mr. Walter L. Phillips , Jr. , in the audience, suggested that the Town might con- tact the Virginia Society of Professional Engineers , with headquarters in Richmond, Mr. Dick Carden. He also suggested running an ad in the Virginia Journal , which would probably reach close to 5 ,000 registered engineers. Mayor Rollins and Councilman Hill reported that they had met with Mr. Bolton, Urban Engineer, in Richmond, yesterday, and that he had given them practically tacit assurance that the urban project on Rt. 15 would be allocated next year and they were already starting on the plans . They asked that a copy of the resolution adopted by Council be sent to Mr. Bolton. A Public Hearing was held at this time on the rezoning application _;.; of Warren H. Cunningham to have a parcel of land on Davis Avenue rezoned.:: from R-1 to B-2 . There was no-one present to speak either for or against this rezoning . Councilman Titus asked what he plans to do with this land if it is rezoned, he believed it a bad location for a business . Mr. Forbes explained that he believed he had at first wanted a business in the basement of the house, but he turned him down on this . Councilman Hill said he• thinks he plans on putting up a building for furniture re- furbishing , or this type of thing, either as a hobby or a commercial enterprise . Since Mr. Cunningham was not present to present his reasons for this request, it was moved by Mayor Rollins , seconded by Councilman Orr, and unanimously voted by Council that this matter be deferred until the next session of Council , and that the Zoning Administrator tell Mr Cunningham that he must make his presentation to Council . A Public Hearing was held at this time on the proposed amendments to the Zoning Ordinance recommended by, the Planning Commission. Mr. Forbes explained the proposed changes . There was no-one to speak either for or against the amendments . Councilman Murray said he assumed that these amendments would take effect upon adoption, however, with regard to the reduction of the number of dwellings in the Town House districts, he would think that where those who have already obtained approval for the duration of their one year, the grandfather 's clause would apply. In other words , if they do nothing within the one year period, they would then come under this amendment . The Crestwood development was brought up in this regard and Mr. Forbes said this plat has not yet been approved - they would have to resubmit their plan to show only 8 units to the acre. However, he has another one that will come before the next Planning Com- mission meeting that will have to be changed from 10 to 8, but the 12 parking spaces per unit will take up part of this . There was further discussion on the Crestwood development and it was felt that this amend- ment would put an undue burden on some developers, particularly Mr. Wal- ter Phillips and Crestwood, who have already submitted their plans. Coun- cilman Murray asked if the Planning Commission could not approve these retroactively if they had been tabled. There was a great deal of dis- cussion on this subject. Mr. Forbes explained that a preliminary plat is valid for 12 months and renewable for another year, or two years altogether, and this is up_ to the Planning Commission. Mayor Rollins believed this should be brought before the Planning Commission and tha the final plat should be valid for only 12 months in this particular instance. On motion of Councilman Orr, seconded by Councilman Murray, the following .Ordinance was unanimously adopted: WHEREAS , the Leesburg Planning Commission initiated the follow- ing amendments to the Leesburg Zoning Ordinance ; and WHEREAS, the said amendments have been processed in accordance with the provisions of Article 11 of the Leesburg Zoning Ordi- nance and Article 8 , Chapter 11, Title 15 . 1 of the 1950 Code of Virginia, as amended, and ao MINUTES OF OCTOBER 13, 1971 MEETING. NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg , Virginia , that the Leesburg Zoning Ordinance be and the same is hereby amended as follows : Amend Section 2-7 -2 by adding subsec}uent to the word "Multi- family" the words "and Town Houses . ' Amend Section 8-2-11-3 by deleting the numeral 12 and insert- ing in place thereof the numeral 8. Amend Section 8-2-11-4 by deleting the numeral 12 and insert- ing in place thereof the numeral 8. Amend Section 8-2-11-5 by deleting , subsequent to the' word "developments, " the words "and as a condition precedent to the creation of an R-3 District". . . . There was further discussion regarding the exemption of those developers who had already submitted preliminary plats and, on motion of Councilman Murray, seconded by Councilman Orr, the following resolution was unani- mously adopted: VP BE IT RESOLVED by the Town Council of the Town of Leesburg, that all preliminary plats that have been submitted to the Planning Commission prior to the adoption of the above amendments shall be exempted from the operation thereof. On motion of Councilman Murray, seconded by Councilman Orr, and after discussion on several items , the following resolution was unani- mously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 250.00 - Shop Extension (General Fund-Capital Outlay) . 1,500.00 - Johnson & Williams for drawings in connection with condemnation suit on Rust property (1969 Bond Issue) . 571.00 -x++Dewberry, Nealon & Davis for review of site plan of Leesburg Village (General Fund-Capital Outlay) . 100.00 - Yount, Hyde & Co. - supplemental appropriation for audit. • 330.00 - Yount, Hyde & Co. - Accounting services rendered Mr. Plaster in recording accounting transactions and special reports to Council (Special Accounting Services - Other Services & Supplies) . On motion of Councilman Pumphrey., seconded by Councilman Murray, the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that $25 ,000 be transferred from the Utility Fund to the Gene- ral Fund in order to pay outstanding bills, and BE IT FURTHER RESOLVED, that this amount be reimbursed at such time that there is a sufficient amount of funds in the General Fund. After explanation by Mr. Forbes as to the reasons for approval of a Resubdivision of Lots 24A and 24B of Mayfair Subdivision, on motion of Mayor Rollins , seconded by Councilman Pumphrey, Council voted unanimously that the Resubdivision of Lots 24A and 24B of the Resubdivision of May- fair Subdivision be approved as per the attached plat. On motion of Councilman Murray, seconded by Councilman Titus , the following jesolution was offered : WHEREAS, the Town Council, at its meeting on September 22, 1971, agreed to pay the difference in cost between a 21" sanitary sewer and a 12" sewer across the property of John Wallace, from Rt . 7 to Edwards Ferry Road, and 40. MINUTES OF OCTOBER 13, 1971 MEETING. WHEREAS, a bid has been furnished from Perry Engineering Co. , showing that it will cost $13 , 947 to install the 21" sewer in lieu of the 12" sewer, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that John Wallace be notified that the Town will pay $13, 947 towards the installation of the 21" line . Mr. Ritter explained that the difference between an 18" and a 21" line would be $4 ,547 . The Mayor asked when we will pay this money. Mr. Ritter said it would be paid upon completion and inspection of the project. Town Attorney Martin asked if this will be a private contrac The answer to this question is "Yes . " Mr. Moody said this line will have to be built according to Town specifications . Mr. Ritter said he thinks we should see a Release of Mechanics ' Lien and a statement that all bills have been paid prior to acceptance of the line. The resolu- tion was then unanimously adopted, with Councilman Wallace disqualifying on this question. • On motion of Councilman Titus , seconded by Councilman Hill, the following resolution was offered: WHEREAS, the Town of Leesburg is in need of a comprehensive drainage study in order to assess developers for off-site drainage improvements , and WHEREAS, a proposal has been received from Dewberry, Nealon and Davis dated August 30, 1971, at a cost not to exceed $10,500, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that Dewberry, Nealon and Davis be author- ized to proceed with this comprehensive drainage study, in accordance with their proposal of August 30, 1971: On motion of Councilman Titus , seconded by Councilman Wallace, an amen ment was proposed to read after "drainage study" the words "for future proper planning and. " Mr. Moody explained that this would have to be done before the Corps of Engineers could make a flood plain study. Councilman Pumphrey asked when this money .would be needed and where it will come from out of the Budget . Mr. Ritter said it will take 75 days from the time they start until they complete it - approximately three months - so it would probably be- in January and he thinks we should have this amount in this' length of time . Mr. Pumphrey wondered if this could be included in the Bond Issue , but there was no answer to this question. The amendment was then unanimously adopted, and the resolution, as amended, unanimously adopted, reading as follows : WHEREAS, the Town of Leesburg is in need of a comprehensive drainage study for future proper planning and. in order to as- sess developers for off-site drainage improvements, and WHEREAS, a proposal has been received from Dewberry, Nealon • and Davis dated August 30, 1971, at a cost not to exceed $10,500, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg , that Dewberry, Nealon and Davis be author- ized to proceed with this comprehensive drainage study, in accordance with their proposal of August 30; 1971 . On motion of Councilman Orr, seconded by Councilman Pumphrey, th following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg , that Dewberry, 'Nealon-arid'Dav,is:• '-be authorized° to 'make -a -sur- 'Yey-and prepare plans for a sanitary sewer to serve residents on Market Street , between Ayr Street and Morven Park Road. Councilman Titus asked how much the survey would cost . Mr. Ritter said that would be $528, but all costs are included in the $14,400 fee . This is based on going through land through which we have no easement. They 41 MINUTES OF OCTOBER 13 , 1971 MEETING. will determine the route on which to take this sewer . They have deter- mined the location on a map and they decided jointly to go this way. There was some discussion about taking it along the back line of these properties , however, Mr . Ritter said the cost would be much more than the route they have chosen because it would be much deeper. This would probably tie up Route 7 for two days . Councilman Titus said he is not . sure Mrs. Paul wants to tear up her yard to have this done since she is not having trouble. Mr. Ritter said we could determine if all property owners want this sewer line . The resolution was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Titus , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Manual entitled "Suggested Design Criteria for Water & Sewer Lines, " etc . prepared by the Director of Public Works, and "Handbook Soil Erosion and Sedimentation Control" be ap- proved. Mr. Moody said this has been coordinated with all agencies concerned, including the Northern Virginia Soil Conservation Service and the Dis - C trict Conservationist for Loudoun County . Fairfax County has been a big help. He thinks the Town will be much better off to have some guide and standards for developers to go by in working up subdivision and site plans . He said provisions have been made to review this and to make any changes once a year. Both Councilmen Titus and Hill complimented Mr. Moody on this undertaking and Councilman Hill commented that he and Coun- cilman Murray found that the Planning Department of the County is work- ing on it, but they have .nothing like this . Mr. Moody said the Design Criteria will be sold at a price to be set by the Council and/or the Town Manager and that the cost will be recouped in this way. Councilman Orr left the meeting at this time. On motion of Councilman Murray, seconded by Councilman Wallace, the following resolution was offered: BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to advertise for bids on the Hospital Road, Sanitary and Storm Sewer Mains , in accord- ance with plans and specifications prepared by Dewberry, Nealon and Davis . Mayor Rollins asked about street lights. Mr. Ritter said none are shown on the plans but.he will look into this . It was the feeling of Council that theseshould be put underground. The water and sewer lines will go in first and this will take several months . The street will not be con- structed until sometime in the early spring. Mr. Moody said the Hospital presented their plans today . Town Attorney George Martin asked if there is any question of the Hospital dedicating the right-of-way to the Town . Mr. Ritter said we have nothing in writing , but this will have to be done before the contract is let . He has an agreement with the owners on what is being done at the present time . We have made it more valuable than it was before and he certainly does not think a Court would con- sider this as damages . Mayor Rollins asked about the Cornwall Street paving. Mr. Ritter explained that we have a transition for a short section, then we tie into the existing pavement. Everything in the inter- section will be built to our new standards . Councilman Wallace men- tioned the extra amount of traffic coming out into Route 7 . The Mayor asked the Council 's feelings about advertising this project for bids be- fore the easements have been obtained. Mr. Ritter said there are eight of them to get and two of them have already been signed. Letters have been sent out, with Deed of Easement and plat, and these people were told that we want to proceed with advertisement for construction very soon and to contact us if we can be of any assistance. Bids will be out approxi- mately 30 days . If we open bids on November 15 , it will probably be December 15th before the contractor gets started. The resolution above was then unanimously adopted. On motion of Councilman Pumphrey, seconded by Councilman Murray, the following resolution was offered : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to advertise for bids on the Douglass Relief Sewer, in accordance with plans and speci- fications prepared by Dewberry, Nealon and Davis . 4.2- MINUTES OF OCTOBER 13 , 1971 MEETING. Mr. Ritter said Perry Engineering has been advised on this , but he also • advised that we are going to run into some difficulty , perhaps condemna- tion, on one piece of property. The engineer says this is the best route. There are two flood plains , as well as a 12" sanitary sewer line. Mr. Moody explained the problems on the easement mentioned above and perhaps a bargaining method. Town Attorney Martin suggested an appraisal on this and it was the general consensus that this would be a good idea. On motion of Councilman Murray, seconded by Councilman Wallace, the • above resolution was unanimously tabled. On motion of Councilman Murray, seconded by Councilman Pumphrey , the following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Town of Leesburg, that Mr. John William Clemens be employed to conduct an appraisal for the sanitary sewer easement through the property of Harry I. Tiffany, in accordance with the plans submitted by Dewberry, Nealon and Davis . On motion of Councilman Murray , seconded by Councilman Pumphrey, the following resolution vas unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the "Cover Sheet" for Site Plans and Subdivisions, pre- - pared by Dewberry, Nealon and Davis , be approved. . Mr. Moody explained that this has been prepared as a mylar to be sold to' engineers, developers and all those who submit plans to the Town for subdivisions and site plans . Councilman Titus asked if these are the same fees and if they can be charged. Mr. Ritter said they cannot be changed under the freeze, but we can charge what they cost us . This servesasa guideline . Mr. Joseph. D. Lake of Greenhorne & Os:Mara presented to Council the Proposed Overall Program Design Report on the Master Plan for the Town and explained that approval of this Report is necessary before appli- cation can be made for Federal funds for this project. He explained the revisions on specific pages and suggested that, if Council passes this , it be mailed to the State Planning Office . Councilman Murray interjected that he believed this should be checked out with the -Northern Virginia District Planning Commission first and suggested that he check with Mr. Hodges as to the procedure to be followed. Mayor Rol- lins asked if this document shows what Leesburg wants to encompass in the Master Plan request for funds . Mr. Lake said it shows what will be done by Greenhorne & O 'Mara. Also, the State would pay $16 ,000 and the Town 's share would be one-half of this, or $8,000. On motion of Council- man Murray, seconded by Councilman Wallace, Council voted unanimously that the following resolution on Page 6 of the Overall Program Design Report be approved and that the Mayor be authorized to sign it: WHEREAS in the Town of Leesburg, County of Loudoun , Common- wealth of Virginia, there exists a present need to amend and revise the Leesburg Master Plan ; and, WHEREAS, the Mayor and Leesburg Town Council desire to make application to the Division of State Planning and Community Affairs, Commonwealth of Virginia, for Comprehensive Planning Assistance Services ; and, WHEREAS, said services require the submission of an Overall Program Design Report and the Mayor and Leesburg Town Council have reviewed said - report, THEREFORE, BE IT RESOLVED that the Mayor and Leesburg Town Council does hereby approve the Leesburg Planning Commission 's Overall Program Design Report . 48 MINUTES OF OCTOBER 13, 1971 MEETING. Mayor Rollins expressed to Mr . Moody, on behalf of the Town, that he has been pleased and feels the Town has beenwellserved by him from the start of the Sewer Plant and has given very fine and dedicated ser- vice to the Town. He said he thought the -people of Leesburg were very fortunate to have had him, and particularly in the way of compensation. He expressed the Council 's sorrow to see him leave . • On motion of Councilman Murray, seconded by Councilman Wallace, the meeting was adjourned at 10 :05 P.M. Mayor • Clerk of t. = Council e O Gs4 • e