HomeMy Public PortalAbout1973_03_14 15
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 14 , 1973 .
A regular meeting of the Leesburg Town council was held in the
Council Chambers , 10 West Loudoun Street, Leesburg , Virginia, on
March 14 , 1973 at 7 :30 P.M. The meeting was called to order by the
Mayor, with Councilman Murray offering the prayer. Those present
were : Mayor G . Dewey Hill , Councilmen Walter F. Murray , Robert A.
Orr, John W. Pumphrey, Herbert L. Ridder, C. Terry Titus and John A.
Wallace, Jr. ; also Town Manager James W. Ritter, Jr. and Town Attor-
ney George M. Martin.
The Minutes of February 28 , 1973 were approved after two corrections ,
I
one by Councilman Ridder on Page 4 , at the end of the third line , add ,
"the preparation of" ; also , Page 6 , the 31st line , after "against" add
"if we are the only ones being asked to do this . "
Several residents of Rock Springs Subdivision were present, with
Mr. Epes Nelson, acting as their spokesman, reading a prepared- statement
to Council concerning the use of a residence in the subdivision by a
chiropractor for the practice of his profession, as well as for his home .
• The group believed this to be against the regulations of the Zoning Ordi-
nance of the Town and asked for an interpretation of the Ordinance,
O specifically Article 3 - "R-1" One-Family Residence District - Use ,Regu-
Qj lations , Sec . 3-3; also, wht would be the position of the Zoning Ad-
fD ministrator if such use were in violation of the Ordinance? Mr. Forbes
Fai said it is his position that he must interpret and enforce the Ordi-
Ca nance, which states that, if a professional man desires to use his home
Ca .for a home occupation, it is a permitted use , provided it is an inci-
dental and customary use , and provided there shall be no odor, noise
or hazard created which may endanger the health, safety, peace or wel-
fare of the neighborhood. He said his position, at this time , -would
be that, if the doctor is going to use his home for his sole business,
he would have to rule that it is not incidental and it would not be
permitted. However, Mr. Forbes said these people do not appear before
him for such permission. If such were reported to him, he would re-
port it to Council, who would in turn rule as they wish . Councilman
I
Pumphrey asked how we could discriminate between Dr. Vedder and Dr.
Sampson - it would seem to him that a precedent had already been set
by allowing one to be there . It was brought out that Dr. Vedder does
not conduct his entire practice in his home , since he is on the staff
of and operates at the Hospital. Dr. Orr pointed out that a chiro-
practor is not an MD and is not allowed in the Hospital, therefore ,
his entire profession would be practiced on the premises of his home :
There was some further discussion, however, Mr. Nelson said he felt
the question they had asked had been answered.
Councilman Titus commented on the letter received from attorneys
for Mr. Lester Shor, stating that he believed' it entirely too early to
discuss this item until a policy has been determined by the Council.
He said he did not believe some of the developers are getting the mes-
sage that the Town Council means business and so does the Water Control
Board. Mayor Hill deffered this matter until some later time .
Town Manager James W. Ritter reported as follows :
(1) He inserted the words "temporary chairman" in the resolution
having to do with the Airport Advisory Committee, his thought being that
a temporary chairman would be needed to assemble the committee .
(2) On Item 3 on the Agenda , it is clear that North American Bank
& Trust is the high bidder . This money will be 100 per cent collatera-
1 lined.
(3) With regard to the amendment to Sec . 20-22 of the Town Code,
as it stands now, only commercial and industrial entrances are covered.
The proposed new Article III would cover any type of entrance required.' ,
(4) The request for rezoning at the corner of Old Waterford Road
and Gibson Street by Loudoun Medical Associates is of great concern
from a drainage standpoint. This area is giving us problems now - the
water travels through an open ditch across the School Board property,
through Chevy Chase Court and into a small pipe under Wirt Street,
thence through an underground system to N. Church Street in the rear
of the Rust property, all of which is too small. Studies are being made
of this area and a report should be ready by the April 2 Street Commit-
tee meeting.
[6
MINUTES OF MARCH 14 , 1973 MEETING .
(5) Item 6 on the Agenda involves the drafting and preparation
of a dedication plat on the Babson property for street right-of-way.
This location should be tied down and the words "at the intersection
of West Market Street and West Loudoun Street" inserted after "prop-
erty. "
(6) Concerning Item 7 , because of added development in Town, we
need to bring the Master Drainage Map up to date .
(7) He discussed with Mrs . Carr the site for the standpipe . She
wants to discuss this further with Westinghouse and wants to put it
in another location. She should be back in touch with us this week.
(8) Southern Line Cleaning has been working constantly for two
or three weeks . They have cleaned most of the lines west of Dry Mill
Road and have sealed some of them (between the High School and the
VEPCO right-of-way) . They have found several sections of pipe where
the barrel has been cracked - this cannot be sealed. We will have to
dig this out and replace the pipe . They were sealing on Fairview Ave.
today and here again they found some trouble with the pipe . In some
instances , the camera would not even go through, however, this was better
than on Dry Mill Road. They have a lot more work to do under the pres-
ent contract .
Councilman Titus said he would like to see Council discuss what
they plan to do with the Revenue Sharing money as soon as possible . •
Councilman Titus also asked the Laws and Administration Committee
to look at an Ordinance he obtained from the Town of Herndon concern-
ing trash on private property. They have been able to control this to
some extent and he would like the Committee to see if such an Ordinance
might be feasible for Leesburg .
Also, Councilman Titus commented on a pamphlet from the Interstate
Commerce Commission on the Potomac River Basin, stating that there
are several comments in it that are very appropriate to our situation
here . With particular attention to the comments on interim treatment,
he_would like to see Council discuss this - this is a major cost to
the Town and they don ' t want to do it half way .
Mayor Hill said a reporter from the Metro-Virginia News had called
him today and reported that he attended the Town of Herndon 's meeting
last night and they adopted a resolution pledging Herndon 's support to
the Town of Leesburg with its problems in the area of sewage treatment.
A copy of this resolution is attached hereto.
•
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 following appropriations be made:
$1,000 .00 - Johnson and Williams for Availability Study.
Utility Fund-Capital Outlay .
853 . 70 - A/C Pipe , Inc . for 3 fire hydrants to replace old
hydrants . Utility Fund-Capital Outlay - Valve &
Fire Hydrant Installation.
On motion of Councilman Orr, seconded by Councilman Ridder, the
following resolution was proposed:
WHEREAS , the Town Council , at its meeting on February 28,
1973 , created an Airport Advisory Committee , with said Com-
' mittee to consist of five (5) members ,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that the Committee shall consist of the
following members :
Milo Rumfelt
James H. Chamblin
Thomas I Blankenship
C . Ronald Lowry
John A. Wallace , Jr.
17
MINUTES OF MARCH 14, 1973 MEETING.
AND BE IT FURTHER RESOLVED, that the term of office of said
members be set at a future date, and
BE IT FURTHER RESOLVED, that be ap-
pointed temporary chairman until such time that the Committee
can assemble and elect its own officers , and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent
to the above five (5) persons . •
nomination
On motiumxof Councilman Orr, seconded by Councilman Murray , Councilman
Wallace was unanimously appointed temporary chairman of the Committee.- '
Mr. Wallace said he would hope to line up a meeting sometime in the near
future. The above resolution was then adopted by a vote of 6 for and
one abstention, that being Councilman Titus .
On motion of Councilman Wallace , seconded by Councilman Pumphrey,
the following resolution was unanimously adopted :
WHEREAS, the four (4) local Banks were asked to submit a bid
on the investment of $ 150,000 Water/Sewer Availability Fund
C for a period of one (1) year, with such investment to be 100%
CD
collateralized, and
2 WHEREAS, bids were opened by the Finance Committee on March 6 ,
p with the following Banks bidding:
North American. Bank & Trust 6 .876%,
First Virginia Bank-First National 6 . 82% •
First & Merchants National Bank 6 . 71%
Peoples National Bank 6 . 25%
NOW, THEREFORE, BE IT RESOLVED by the Town Council of he Town
of Leesburg , that the $ 150 ,000 be invested with North American
Bank & Trust at their bid of 6 . 876% for a period of. one •(l)
I
year.
On motion of Councilman Titus , seconded by Councilman Pumphrey, the
following Ordinance was unanimously adopted:
BE IT ORDAINED by the Town Council of the Town of Leesburg,
that Sec . 20-22 . Requirements for construction on land zoned
"B" or "M" of the Town Code of the Town of Leesburg be repealed,
and Article III . Entrances be adopted in place thereof: .
ARTICLE III . ENTRANCES
Sec . 20-22 . Construction Requirements for Entrance to
Public Right-of-Way .
•
Any individual, partnership or corporation who proposes
to construct any structure, or who intends to change any pres-
ent use , whether a zoning amendment is necessary or not, and
which land has frontage on a public street, and which land re-
quires a new entrance or entrances thereto or any change in
the width of an existing entrance, shall construct , at his
own expense, the improvements shown below. A Performance Bond
with approved surety, or cashier 's check, shall be provided,
payable to the Town, to insure installation of such improve-
ments , based upon the estimated costs of improvements as de-
II' termined by the Town Manager, with the time of performande de-
termined by the Town Manager. Any or all of these require—
ments may be waived by action of the. Town Council upon recom-
mendation of the Town Manager.
(a) Construct, at his expense , curb, gutter and sidewalk
along the entire frontage of the property proposed for use .
(b) Construct concrete entrance or entrances , and where
• existing entrances are to be abandoned, remove such entrances
and reconstruct sidewalk and curb and gutter in its place, all
at his expense .
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MINUTES OF MARCH 14 , 1973 MEETING .
(c) Construct , at his expense , pavement for one-half
width of the street where there is no existing pavement or,
where pavement exists , to construct any pavement between
existing pavement and new curb and gutter.
(d) Construct , at his expense, storm drains and appurte-
nances where necessary.
. (e) Cause to be dedicated to the town an area of land
for public street widening to conform to the Major Thorough-
fare Plan .
On .motion of Councilman Pumphrey, seconded by Councilman Murray,
the following resolution was proposed :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that the Town Manager be and he is hereby authorized and di-
rected to have the following advertisement inserted in the
Loudoun Times-Mirror, for publication on March 22 and 29,
1973 :
PUBLIC NOTICE
OF PROPOSED REZONING •
Notice is hereby given that a Public Hearing will be
held by the Leesburg Town Council on April 11, 1973 at 7 :30
P.M. in the Council Chambers , 10 West Loudoun Street , Lees-
burg, Virginia , to consider Application Number ZM-12 by Loud-
oun Medical Associates to have rezoned from R-2 , General Resi-
dential District , to B-1 , Community Business District , 1.4610
acres of land located on the north side of Gibson Street , and
bounded by the property of the Town of Leesburg on the north,
Old Waterford Road on the east , Gibson Street on the south
and the property of Loudoun Memorial Hospital, Inc . on the
west .
At this Hearing , all persons desiring to express their
views pertinent to said application will be heard.
BY : G . Dewey Hill , Mayor
Town of Leesburg, Va .
Mayor Hill asked if we should not advertise in both newspapers in Town.
Mr. Forbes replied that we have always used the Times-Mirror and he will
continue to do so until directed otherwise . He also explained that it
is hard to figure the timing requirements for notices of Public Hear-
ings , particularly if placed in both newspapers , since one comes out
one day of the week and the other on a different day of the week. This
matter was discussed, with Mayor Hill asking the Finance Committee to
look into this matter further. Councilman Titus asked Mr. Ritter to
ascertain from the applicants how much sewer capacity they will need
and also to work on the storm drainage problems that will be created
by the erection of such a building . The above resolution was then
unanimously adopted.
On motion of Councilman Orr, seconded by Councilman Ridder, the
following resolution was proposed :
BE IT RESOLVED by the Town Council of the Town of Leesburg,
that Dewberry, Nealon and Davis ' proposal of March 2 , 1973
to prepare a dedication plat for the western tip of the George
Babson property at the intersection of West Market Street and
West Loudoun Street , at a cost not to exceed $190 .00, be ac-
cepted .
Mayor Hill explained that the purpose of this is to build Morven Park
Road across this tip and make it a cross-over street . Town Attorney
Martin said this property has been surveyed many times and he wondered
if another survey would be necessary. Mr . Ritter explained that this
is to determine the radius so the streets will line up properly. The
resolution above was then unanimously adopted .
19
MINUTES OF MARCH 14, 1973 MEETING.
On motion of Councilman Titus , seconded by Councilman Pumphrey ,
the following resolution was unanimously adopted :
BE IT RESOLVED by the Town Council of the Town of Leesburg ,
that Dewberry, Nealon and Davis ' proposal to bring up to date
the Master Drainage Map, at a cost not to exceed $300 , be ac-
cepted.
On motion of Councilman Orr, seconded by Councilman Wallace, the
following resolution was offered :
BE IT RESOLVED by the Town Council of the Town of- Leesburg,
that Herbert L. Ridder be appointed to represent the
Town of Leesburg on the Northern Virginia Planning District
Commission for the remaining term of his office as Councilman .
The name of Herbert L. Ridder was placed in nomination , with no other
nominations being made . Mr . Ridder was , therefore, appointed as the
Town ' s representative to the Northern Virginia Planning District Com-
mission, and the above resolution unanimously adopted, with this in-
sertion being made .
Councilman Titus thanked Mayor Hill for his work and time spent
QD as a member of this Commission . Mayor Hill said it is very important
"—j that we establish a strong position as a member of this Commission.
However we may feel about a regional plant now, we are going to have
to take a stand because the Town of Leesburg has brought ', before the
Commission a matter that is going to take some time - that being the
Northern Virginia regional area sewage study. It is his hope that they
might determine that this is the location for a regional plant . He
believed this to be an ideal time for the Town to establish itself .
Councilman Murray said it is important that we establish ourselves ,
not 8cTgiBTthe sewer situation, but in all areas that have been de-
clared/Tor federal funding . Mayor Hill said Councilman Murray set a
terrific show for him to follow.
On motion of Councilman Murray , seconded by Councilman Pumphrey,
and there being no objection to considering this matter tonight, the
following resolution was offered :
WHEREAS, Herbert L. Ridder, member of the Leesburg Planning
Commission, was appointed to the office of Councilman on
January 15 , 1973 , thereby creating a vacancy on the Commis-
sion,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Leesburg , that John W. Davison Jr . a free-
holder and otherwise qualified citizen of the Town of Lees-
burg , be and he is hereby appointed to fill this vacancy,
for a term of office to expire December 31, 1973 .
On motion of Councilman Pumphrey, seconded by Councilman Murray, the
name of John W . Davison, Jr. was placed in nomination. On motion of
Councilman Ridder, seconded by Councilman Wallace, the name of Wayne C.
Reynolds was placed in nomination. A roll call vote was taken at this
time , with Mr. Davison receiving four votes .aNQdXMEXXRd#146 NXXXadda#%lig
P.1Ix x Thus , Mr. John W. Davison, Jr. was appointed to fill this va-
cancy . The above resolution was then unanimously adopted, with Mr.
Davison 's name inserted therein.
Mr. C. A. Webb , builder, addressed Council, seeking a waiver of
the water and sewer moratorium to allow him to pay for and connect water
and sewer to a house being constructed by him on Lot 2 , Section 2 of
Exeter Hills . He explained that this is a hardship case inasmuch as
the buyers of his house have sold their home and have to be out by
April 1st . Mayor Hill asked Mr. Webb when he made application for the
water and sewer taps . Mr. Webb said he assumed this was a part of his
application for a Zoning Permit, however, in essence, he did not actu-
ally make application for them as such and had paid nothing for them.
20
MINUTES OF MARCH 14, 1973 MEETING .
On motion of Councilman Murray, seconded by Councilman Pumphrey,
the following motion was offered :
That a water and sewer tap application by Mr. Webb for his
house on Lot 2 , Section 2 , Exeter Hills , on North Street,
be granted.
The above motion evoked a great deal of discussion, with some members
being in favor of granting these taps and others not in favor and feel-
ing that this would be setting a precedent, particularly when Council
is in the midst of trying to establish a policy with regard to sewer
connections . Mayor Hill asked if the meeting of March 28th would be
late . His reply was that, if he didn ' t have water and sewer for his
house, he felt the buyers would have grounds to negate the contract .
However, he agreed that it would not hurt him if the Town sets a policy
by the next meeting on the 28th. A roll call vote on the above motion
showed 3 members for and 4 against, thereby defeating the motion. Mayor
Hill said he believed the policy decision would be made by the next
meeting .
On motion, duly seconded, the meeting was adjourned at 8 :45 P.M.
A
Acez-a / _ or
Clerk of the Council
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TOWN OF HERNDON, VIRGINIA
March 13, 1973
RESOLUTION
Resolution - Support for Town of Leesburg
BE IT RESOLVED that the Town Council of the Town of Herndon is in
sympathy with the problems presently experienced by the
Town of Leesburg in the area of sewage treatment and pledges
its general support before regional bodies and otherwise where
the Town of Herndon may be of assistance.
•
BE IT FURTHER RESOLVED that the Town officials of the Town of Leesburg
be notified of this support.
•
73-G-50