HomeMy Public PortalAbout2004_09_13Council Work Session
September 13, 2004
Council Chambers, 25 West Market Street, 7:30 p.m. MayorUmstattd presiding.
CouncilmembersPresent: KellyBurk, KathrynSheldon Hammler, Susan Horne,
Melinda Kramer, Marry Martinez, Bob Zoldos and Mayor Umstattd.
Councilmembers Absent: None.
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Chief of Police Joe Price, Finance Director Norm Butts, Director of
Engineering and Public Works Tom Mason, Director of Planning, Zoning and
Development Susan Swift, Director of the Office of Capital Projects Nagi Elsewaissi,
Director of Utilities Randy Shoemaker, Economic Development Director Betsy Fields,
Airport Director Cindi Martin, Director of Parks and Recreation Kaj Dentler, Zoning
Administrator Brian Boucher, Senior Planner Chris Murphy, Senior Planner Bruce
Douglas, Management Intern Tami Watkins, and Assistant to the Clerk of Council
Debi Parry.
AGENDA ITEMS
Bob Noe stated the electronic billboard item requested by Councilmember
Hammler has been placed on tomorrow's agenda for a vote, but should have been
placed on tonight's agenda as well. He stated in a letter to Council he mistakenly
referred to the Piedmont Advisory Council as a political organization and apologized
for any confusion. Further, he stated Ms. Jane Hirst Bogle would like to attend
tomorrow's Council meeting to accept the J.T. Hirst Resolution of Appreciation that
was adopted by Council at it's last meeting.
Agenda for Council Meeting of September 14, 2004
a. Approving commission permit TLCP-2004-0004 and approving
special exception TLSE-2004-0017 to permit a cellular
telecommunications facility on Fort Evans Road, NE - Public
Hearing
Chris Murphy outlined this project for a monopole and equipment shed
located behind the Fort Evans Plaza Shopping Center. He stated Planning
Commission denied this application because on the night of the voter there
was no representative from Nextel to answer questions and there was a
pending deadline for commission action. Further, he stated staff recommends
approval with conditions.
Hillary Morrison, representative of Nextel stated there was some confusion
regarding the need for attendance at the Planning Commission meeting. She
stated she would be happy to answer any questions Council may have.
Councilmember Zoldos verified Nextel would address the Planning
Commission's questions at the public hearing.
Mayor Umstattd verified the monopole would be 62.5 feet tall and
located on one of the highest sites in town.
Town Council Work Session IVlinutes for September 13, 2004 Page 2
b. Authorizing staff discussions with 3.R. Festival Lakes regarding
zoning alternatives and utilities extensions
Mr. Noe stated this property is surrounded by other properties served by
town utilities and is located on the corporate line. He stated his
recommendation that Council authorize staff discussions regarding zoning and
utility extensions with the provision that if an agreement can be reached the
property should be brought into the town with a Boundary Line Adjustment.
Councilmember Zoldos stated he met with Mr. Wordsworth last week and
discovered the tap fees were paid over 20 years ago.
Councilmember Hammler asked Mr. Donnelly if Council should be
concerned with setting a precedent?
Mr. Donnelly stated there are good arguments for why this should be
considered a special case; however, he is not convinced the courts would
agree if other property owners decided to sue the town.
Mayor Umstattd stated the draft resolution appears to have a strong
indication that Council will approve this request and is concerned that
courtesies are being extended in this case that, which not normally.
Councilmember Zoldos stated he would support amending the resolution.
~It was the consensus of Council to redraft the resolution to simply
authorize staff to begin discussions regarding zoning alternatives and utilities
extensions.
Amending sections 12.1-50 (C) and 12.1-50.1 of the Personnel
Manual regarding holiday pay
There was no Council discussion of this item.
2. Downtown Parking :]:mprovement Plan
Betsy Fields outlined the history of the parking study and resulting parking
improvement plan.
Ms. Fields stated staff has held several meetings with downtown business
owners regarding the original plan presented to Council and came up with a revised
plan for downtown parking. The revisions include (1) an increase in meter rates
along with increased enforcement on Monday through Friday from 8:30 a.m. to 5:00
p.m.; (2) no charge for parking in the garage after 5:00 p.m.; (3) a decrease of free
parking to one hour in the garage and an increase in rates to five dollars a day and
implementation of a merchant validation program at no cost to the merchants; (4)
an increase monthly rates for reserved spaces in the garage to $60 a month and the
creation a monthly parking pass at a cost of $40 per month; (5) making physical
improvements to the Liberty Street lot including lighting and signage and begin
discussions with the county about relocating the 50 reserved spots; (7) installing
directional signage to the Town Hall garage and work with the county on
signage to the Semones and Pennington lots; (8) researching the possibility of
enlarging and improving the Harrison Street lot; (9) beginning discussions with the
county to enlarge the Pennington lot and to provide signage for their garage; (10)
evaluating the need for additional and future infrastructure improvements and the
need for a separate parking division.
Town Council Work Session Minutes for September 13, 2004 Page 3
Ms. Fields stated this is a multi-year program, based upon incremental
changes, starting with the easiest, least cost-intensive steps. She stated it would
put an emphasis on increased enforcement while remaining fiscally conservative.
Further, the rate increases are intended to redistribute the parking resources, not
generate excess revenue for the town.
Ms. Fields addressed the costs and revenues stating the net impact for the
first year of implementation would be $14,000; however, the subsequent years
should see revenues of $100,000. She outlined the various options regarding town
staff parking and stated staff's recommendation that the parking situation remain as
it is for now.
Councilmember Horne thanked Ms. Fields for working with the Leesburg
Downtown Business Association. Further, she stated this plan was unanimously
endorsed by the Leesburg Economic Development Commission.
Councilmember Zoldos asked staff to provide Council with a memorandum
from the Leesburg Downtown Business Association indicating their support for this
plan. He stated his concern that staff could not enforce the
permitted parking above the street level. Further, he stated in lieu of hiring
additional parking attendants staff should hire code enforcement officers who could
provide support throughout the entire town.
Councilmember Zoldos stated many downtown merchants have indicated the
need for a Leesburg Police foot patrol in the downtown. He stated the police could
then write tickets as they go along or empower the citizen support team to write
tickets in the downtown.
Joe Price explained the benefits of a graduated fine system it would provide
assistance to the Police Department by allowing tracking parking tickets.
Councilmember Hammler asked staff to follow up with the Loudoun Times
Mirror regarding their previous proposal for a public/private partnership in the
construction of a parking facility. Further, she asked the feasibility of funding this
plan from the parking proffer fund?
Ms. Fields stated that money was appropriated in the mid-year budget last
year to fund the repaving of the Liberty Street Lot and to provide new signs in the
parking garage.
Mayor Umstattd stated it is not a segregated fund, rather, the money is
placed in the general fund and staff monitors the contributions as they come in.
Councilmember Hammler stated her biggest concern is staff parking and
downtown business revitalization. She stated the citizens must come first and
Council must send the message that there is adequate parking to do business in
the downtown.
Mayor Umstattd verified the' Downtown Business Association endorsed the
reduction of free parking hours in conjunction with the validation program.
Connie Fletcher, Leesburg Downtown Business Association, stated the
proposed parking plan was endorsed by the majority of the members who were in
Town Council Work Session Minutes for September 13, 2004 Page 4
attendance at the meeting.
3. Town Branch/Crescent District Master Plan
Nagi Elsewaissi stated the final design for the town branch improvements is
virtually complete and construction funding has been approved. He stated the
project was proposed to protect the residents of Monroe Street from the continual
flooding in their yards. Further, he outlined the project design and presented
photographs to Council indicating how the proposed improvements would look.
Betsy Fields stated the Crescent District concept was first developed in the
Business Development Strategy prepared by Arnett Muldrow Associates, which was
endorsed by Council. She outlined the general concept stating staff anticipates
inclusion of this district in the Town Plan. Further, she stated now is the time to
begin the master plan because there is a lot of redevelopment activity in this area.
Hr. Elsewaissi stated the Crescent District Master Plan would provide staff
with a road map and guidelines to decide if the current design for the master plan
would be consistent with the Crescent District concept. Further, the cost is
approximately $50,000 and will take about one year to complete.
Councilmember Martinez verified the funds would come from the
undesignated Capital Projects fund balance. Further, he stated he supports this
project; however, he is concerned that funds are being diverted from capital
projects.
Councilmember Burk verified this is being done outside of the comprehensive
plan.
Susan Swift stated the Arnett Muldrow study has given the level of detail that
would be found in a comprehensive plan; however, the master plan is needed to
provide more detail.
Councilmember Horne stated this project needs to happen in 90 days,
Further, there are other land use issues or hot spots within in the town that need to
be designated for expedited planning,
Councilmember Zoldos stated he was unaware that work on the town branch
flooding issues had stopped. He stated his concern for the citizens who are
experiencing flooding in their yards and for the use of $50,000 from the Capital
Projects budget.
Councilmember Hammler stated her support for this project and for moving
forward quickly. She stated she would also urge Council to move the entire
Comprehensive Planning process along quickly with Planning Commission taking the
lead on this process.
Councilmember Martinez asked who would be involved in this process?
Susan Swift stated she would like to have the Planning Commission, Council
and Planning staff involved with a consultant performing the work to get it done as
quickly as possible. She stated it would not be possible to have the public involved
in the process and have the project completed in 90 days. Further, there is no way
to stop development in this area without a moratorium.
Town Council Work Session Minutes for September 13, 2004 Page 5
Councilmember Martinez verified joint Council and Planning Commission
public hearings could be conducted to expedite the process.
Chuck Jones, Leesburg Crossroads, addressed Council. Mr. Jones stated
~ndividuals and landowners had been advised of the vision of this Crossroads
initiative for the Crescent District project. He suggested doing an out-of-turn
comprehensive plan for southeast Leesburg to look at all of the issues with growth
development, stormwater management, and watershed protection stating it could be
done in approximately six months. Further, he urged Council to find a way to
identify the primary elements and address them together.
Mayor Umstattd stated the immediate issue facing Council is whether or not
to put the flood control project on hold while we study the compatibility of it with the
overall Crescent District. She asked Mr. Jones to address this.
Mr. Jones stated no lives are threatened by the flooding. He suggested
meeting with all parties involved to discuss what Council is trying to accomplish in
this area.
Councilmember Zoldos stated he is not opposed to the study; however the
flood control issue should be addressed first.
Sandy Kane, former member of the Environmental Advisory Commission,
urged Council to keep the commission involved in this process.
4. Wilson/Pershing Tmprovements/Condemnation
Mr. Elsewaissi stated this project has been in the works for a number of years
and staff has been to the neighborhood to speak with residents and have conducted
surveys to seek the opinion of residents with regards to the improvements needed in
their neighborhood. He stated staff has acquired approximately 65 percent of the
easements needed. Further, in July staff apprised Council of this situation and the
potential need to proceed with condemnation.
Mr. Elsewaissi stated in order to advertise the bid for construction this fall
staff needs temporary construction easements. He stated the easements are needed
for grading to improve front drainage after the curb and gutter are in place, to make
the drive slope milder or just to allow the contractor access to the property for work
that will be performed in the public right of way. Further, he stated staff would like
to move forward with condemnation at Council's next meeting.
Councilmember Zoldos stated he had spoken with a Wilson Avenue citizen
who is concerned that the centerline of the road was based on the old road and
because it is not configured properly some citizens may need to move their
mailboxes and may have pole support wires in their yards. Further, he stated there
is also concern with the lack of a time period on the temporary easements.
Mr. Elsewaissi stated the centerline was determined by the distance between
two lots and is not shifted more to one side. He stated the easement would expire
when the project is complete, which has been explained in length to the residents.
Mr. Elsewaissi stated mailboxes will be moved and staff has selected locations
for them which will allow postal workers to safely deliver mail. He stated some poles
will also be moved marginally and will not be relocated on public property.
Town Council Work Session Minutes for September :~3, 2004 Page
Leigh McCarthy, 14 Wilson Avenue, addressed Council. She stated
she moved here one year ago and received a copy of the plans, which appeared to
have a major impact on her yard and trees. She stated staff made no efforts to
contact her regarding these improvements so she hired an arborist and met with
Mr. Elsewaissi and 3ay Banks in April to discuss the effects of this project on her
property. After meeting with staff her arborist established plans to address
the effects on her trees; however, there was no follow up from staff.
Ns. McCarthy stated she would not sign the easement without a tree
preservation plan in place.
George Reynolds, 504 West Market Street, addressed Council. Mir. Reynolds
submitted a petition to Council with 100 percent of the homeowners from :15 and 18
Wilson Avenue to the corner at West Market Street. He stated the residents are
requesting a 30 feet street width and that the entire project be centered with the
right-of-way. Further, the pole at the corner of Wilson Avenue is directly in the turn
lane of the curb and according to Nike in Mr. Elsewaissi's office will be located in the
center of the sidewalk.
Mr. Reynolds also expressed concern with the poles becoming out of line and
requiring additional guide wires when some of them are moved. Further, he stated
staff never responded to his question regarding the length of the temporary
easements which stated they will be with the land in perpetuity and have no defined
end date.
Mr. Elsewaissi stated staff has met with the power company and will be using
an air tap, which eliminates the need for a guide wire on Mr. Reynolds' property. He
stated the center of the curb between the two properties was used to center the
road. Further, staff had secured an easement for Ns. McCarthy's property from the
previous owner and it is carried with the land so when there is a change in ownership
staff does not have to secure an additional easement.
Nayor Umstattd asked how staff would change the recorded easements once
the work is completed so there isn't a permanent encumbrance on the property?
Nr. Donnelly stated the language is standard in all easement agreements. He
stated the language is not essential and the word permanent could be stricken.
Further, staff does want the agreements to convey with the land should the property
be sold before work is completed.
Cathy Kennan, 2:1 Pershing Avenue, stated since discussion of the proposed
improvements on Wilson and Pershing Avenues began residents have been selling
their homes. She stated the easements have changed a number of times and the
residents are concerned with what effect the work will actually have on their
property. Further, she expressed concern for possible tree loss, damage to homes
and increased speeding should the improvements go forward.
Mr. Donnelly stated each easement agreement filed with the court would have
construction plans attached detailing the work that will take place on that property.
Frank Ruggles, 10 Wilson Avenue, stated staff has not kept the residents
informed during this process. He stated he has had no contact with staff for several
months until he found a notice on his door one hour ago regarding this meeting. He
Town Council Work Session Minutes for September 13, 2004 Page ?
asked what is included in the condemnation process?
Mr. Donnelly explained the condemnation process and the cost to the town.
Mr. Ruggles discussed the potential impact to the trees in this neighborhood
and asked that the Tree Commission review the project and provide input.
Mr. Elsewaissi stated the town arborist has reviewed the project and made
several recommendations that were implemented.
Mayor Umstattd stated she would contact the Tree Commission chair to see if
the commission would like to report on this issue. She stated she would tend to
follow any recommendations made by Mr. Banks.
Kevin Wright, 109 Pershing Avenue, stated this project has been on hold for
too long and it is imperative for Council to take action now.
Mayor Umstattd stated she would bring forward a motion tomorrow night to
refer this issue to the Tree Commission for recommendation.
Councilmember Burk asked that Council be provided the number of trees that
would be effected by this project including those that would be removed.
Councilmember Zoldos asked if staff had any contact with the residents of
Wilson and Pershing Avenues regarding changes in the easements since April?
Mr. ElsewaissJ stated a flyer was sent to the residents in April in which he
offered to meet with any owners who wished to discuss the project. He stated only
one resident called to schedule a meeting.
Councilmember Zoldos verified there is a tree preservation plan in place for
this project.
Councilmember Hammler verified the cost for paying residents during
condemnation was not included in the original budget; however, the amounts are not
significant. She asked how much of the budgeted amount is specifically for the
drainage issues?
Mr. Elsewaissi stated this was a neighborhood generated project and a benefit
cost analysis was not done. Further, he stated it is difficult to quantify a safety
issue.
Councilmember Hammler asked that the information be provided to Council
ong the quantitative benefit the residents who have signed their easements will
receive from this project. She verified striking the word "permanent" from the
easements would not change the validity of those that have been signed.
Mr. Elsewaissi stated it would be very difficult to do that type of analysis and
could only provide a guess.
Mayor Umstattd stated her feeling that the concerns of the citizens who want
this project are outweighed by the concerns of the citizens who are afraid of the
negative impact on their neighborhood. She stated she would vote against this item.
Town Council Work Session Minutes for September 13, 2004 Page 8
5. Additional fine for speeding on North King Street
Calvin Grow stated in February of 2001 Council adopted the Residential Traffic
Management Plan, which has a procedure for implementing a $200 add on fine for
speeding in residential districts. He stated staff has received complaints regarding
speeding on North King Street between Bridget Place and North Street. Further, the
residents of this area have signed a petition and staff solicited comments from the
traveling public regarding this proposal.
Staff recommends that the $200 add on fine be enforced on North King
between Oak Crest Manor and North Street.
Councilmember Kramer asked that a sign be placed further north on the road
to warn citizens that they are entering a residential zone and will face the penalty of
an additional fine.
Mr. Grow stated the area would be marked with a new sign and the message
board will be placed on N. King Street to warn citizens of this new fine.
Vice Mayor Martinez suggested staff should look at other areas in town where
this could also be implemented.
Councilmember Zoldos stated Council needs to ensure that we have adequate
resources to enforce this additional fine. He expressed concern that if it is not
enforced then the safety issues on this section of road will not improve.
Councilmember Hammler stated her concern that many neighborhoods have
expressed their concerns with speeding and questioned whether a moratorium
should be placed on the whole town to assist in this issue. Further, she stated there
are also other police priorities that need to be considered.
Mayor Umstattd stated the statute requires support of 75 percent of the
residents of a neighborhood to take this type of action. Further, she suggested the
addition of flags or flashers to speed limit signs to make them more visible.
Ms. Cundiff, Exeter resident, stated her concern for speeding on North King
Street. She stated it is often difficult to make a turn onto North King Street from
Bridgett Place. Further, she stated the town should do a better job of increasing
visibility of these signs by adding flashers.
Bob Hall, 218 North King Street, expressed his concern for speeding on North
King Street stating it presents a danger to the residents. He stated he would support
any action taken by Council to address this issue. Further, he suggested that Council
might wish to paint the speed limit on the road to provide increased visibility.
Steve Axeman, 221 Rosemeade Place, stated the $200 add-on fine for
speeding should be enforced throughout the town.
Ed Fleming, 224 North King Street, stated this problem is unique because
this is a thru street used by many motorists through the day and night. He stated
they have also experienced problems with trucks, which are supposed to be
prohibited, speeding on this street.
David Dodds, 225 North King, stated the problem is most exemplified by the
Town Council Work Session IVlinutes for September 13, 2004 Page 9
motorists on this portion of North King Street who speed pass the school busses.
Courtney Partain, 219 North King Street, stated this is a safety issue for the
growing number of children under six on this street. She stated there have been
instances of near misses with her children playing in the front yard when a motorist
pulls into her driveway to turn around.
Gem Binqol, 205 Primrose Court, stated this issue should be addressed as a
community effort rather than at the neighborhood level. Further, she stated Council
should take a comprehensive approach to this problem to send the message that we
are taking our streets back.
Councilmember Horne asked if rumble strips could be placed on the roadway
to get the attention of the motorists?
Mr. Grow stated they have been used by the Virginia Department of
Transportation in certain scenarios; however, residents usually complain about the
noise.
Mayor Umstattd asked if there is general Council support for rumble strips
near the cemetery?
Councilmember Hammler expressed concern for the residents who live near
there,
Councilmember Zoldos suggested first trying increased signage and
enforcement.
Councilmember Hammler reminded Council of the community outcry when
stop signs were installed on Meade Drive and suggested that this process be given
due time. Further, she stated Council should follow the process to consider a
comprehensive approach towards traffic calming for the entire town and what
ramifications would occur from an enforcement perspective.
6. Authorizing lease agreements by and between tenants and the Town
of Leesburg for the Leesburg Executive Airport
Cindi Martin stated these leases are for Blue Sky Aviation, Piedmont
Hawthorne and American Helicopters. She stated with the approval of these leases
the new Stanley Calkins Terminal Building will be at capacity.
Vice Mayor Martinez asked that Council approve these lease agreements
under new business at tomorrow's meeting.
7. EAC recommendation for Council support of Watershed Protection
Grant Application
Councilmember Burk stated the Piedmont Environmental Council has put forth
this grant application. She stated they previously received a resolution of support
from the Council and now require a letter that can be included in the application
packet stating Leesburg would be interested in this information. Further, they are
not requesting funding.
Gem Bingol, Environmental Advisory Commission, addressed Council. She
stated the Environmental Protection Agency has a grant whereby watershed planning
Town Council Work Session Minutes for September 13, 2004 Page 10
could be funded in terms of looking at a baseline analysis to provide information.
She stated the organization that would be performing the work is the Center for
Watershed Protection. Further, the goal is to contribute to the town's goals
regarding watershed planning.
Mayor Umstattd verified the Piedmont Advisory Council would administer the
grant and work with the town to create a steering committee and encourage
stakeholder participation.
Bruce Douglas stated this is $80,000 in grant funding with no cost to the
town.
Tom Hason stated it is important from a staff perspective that the Council
create a steering committee to ensure the town is involved throughout the process.
Councilmember Burk asked if Ms. Bingol has received letters from other
government agencies?
Ms. Bingol stated she has received letters of support from the Fairfax Water
Authority, the Loudoun County Environmental Historic Resources Program
Administrator, the Loudoun Soil and Water Conservation District, the Goose Creek
Association and the Loudoun Wildlife Conservancy. She stated it is very important
that the town is involved from the beginning. Further, she stated the Center for
Watershed Protection has a very strong urban focus in what they do.
Councilmember Horne asked how long phase one of the project would last
and when Council support would be needed for phase two?
She stated the project should last approximately 18 months. She stated they
have not applied for funding for phase two; however, there are various organizations
that could be applied to for the additional phases.
Councilmember Hammler verified staff would support this as long as a
steering committee is appointed as a condition of approval. Further, she asked when
the Piedmont Advisory Council would need the letter from Council?
Mayor Umstattd stated Councilmember Burk has requested that Council
approve this item at tomorrow's meeting,
Councilmember Hammler stated she would like to see a draft first.
It was the consensus of Council to have staff provide a draft resolution for
consideration and then vote on this item as new business tomorrow night.
8. Annual program for street milling, resurfacing and concrete repairs
Tom Mason stated there has been one addition to the program for Church
Street between East Market Street and Cornwall Street. He stated the cost would be
approximately $4,000.
There was no Council discussion of this item.
W&OD/Dominion power line issue
Mayor Umstattd stated Dominion Virginia Power has dropped its plans for the
Town Council Work Session Minutes for September 13, 2004 Page
Bypass on the east side and on to the west; however there are still two mile of the
trail that are under consideration by Dominion Virginia Power for the power lines.
She stated the citizens of Kincaid Forrest are asking that Council continue opposition
to having power lines on the W&OD trail throughout the Town of Leesburg.
Vice Mayor Martinez suggesting adopting a resolution thanking Dominion
Virginia Power for abandoning their efforts to place the power lines on the larger
portion of the W&OD trail and expressing Council's continued opposition to power
lines on the two mile portion of the trail near Kincaid Forrest.
10. Repealing local ordinance relating to restrictions on the duration of
time in which political campaign signs are allowed on private
property.
Mayor Umstattd stated there is a letter from the American Civil Liberties
Union in the Council packet along with a memo from Brian Boucher stating that staff
would continue to look into this issue.
11. Water & Sewer availability fees
Councilmember Hammler asked that this item be deferred to the first work
session in October.
12. Disbursement of the Symington Donation
Kaj Dentler stated staff is requesting use of $50,000 from the Symington
Donation to get professional assistance with preliminary design and engineering
work, a market analysis feasibility study on some of the ideas for use of the
donation. He stated the top three projects appear to be an indoor pool, outdoor pool
or indoor tennis courts. Further, he stated the remaining $2 million would be placed
in a long term account.
Councilmember Kramer asked if there are any restrictions on the money?
Mr. Dentler stated the only restriction is that the funds have to be used for
something on the :Ida Lee property.
Vice Mayor Martinez asked if there is enough property at Ida Lee to
accommodate an outdoor amphitheatre?
Mr. Dentler stated there could be enough property depending on the size;
however, it has been removed from the master plan. He stated he could add that to
the list for the Parks & Recreation Advisory Committee's consideration.
Councilmember Horne stated she would encourage staff to keep a portion of
the Ida Lee property in its current pristine state. She stated understanding that this
donation is restricted to :Ida Lee, she would urge staff to expand the park inventory
in the town beyond Ida Lee in future planning efforts.
Councilmember Zoldos stated he would suggest an inline skating rink to be
used as an ice rink in the winter. He asked what percentage of interest would be
received on the $2 million?
Norm Butts stated staff anticipates slightly over two percent on a one-year
term.
Town Council Work Session IVlinutes for September 13, 2004 Page 12
Councilmember Hammler stated this certainly speaks to the quality of the
Parks & Recreation Division and the services they offer. She stated the Parks &
Recreation Advisory Commission has formally requested that this item be added to
tomorrow's agenda for a vote.
Mayor Umstattd stated a number of residents have wanted an outdoor pool
for a long time; however, she understands the concern that this would not offer year
round recreation.
13.
Making an appointment to the Environmental Advisory Commission
There was no Council discussion regarding this item.
14. Noise Ordinance
Councilmember Kramer stated it is important for the town to be assertive and
aggressive in approaching this issue, She stated Council last spoke about this issue
in March and at that time were going to look into the way that other town's approach
this issue. She asked that Mr. Donnelly take the lead on this project.
Mayor Umstattd asked that Mr. Donnelly and Mr. Boucher provide an in-depth
memo for the next Council meeting.
Vice Mayor Martinez stated some of the problem is enforcement and not
having the tools to measure the noise levels.
.loe Price stated the Commonwealth's Attorney has stated that he could not
take our law into court as he feels it is not a prosecutable offense. He stated
Councilmember Kramer seems to be moving towards a decibel based system which
would set specific readings.
Vice Mayor Martinez asked how this could be crafted to be enforceable?
Chief Price stated many jurisdictions already have ordinances which sets
these benchmarks for noise levels.
Mr. Boucher stated the noise ordinance is in the Town Code; however,
enforcement frequently falls to the Zoning Department which is not in the best
position to handle this. He stated the trend seems to be moving towards decibel
based systems with staff trained to use the equipment.
Mayor Umstattd asked that staff provide a decibel based ordinance to the
Council for consideration.
Councilmember Kramer stated she would like for Mr. Donnelly to provide a
legal structure for this going forward.
Councilmember Zoldos asked that this item be discussed again on a future
agenda.
15.
Preview Ztems for September 27, 2004 worksession
a. Financial and demographic trends and comparative localities
analysis
There was no Council discussion regarding this item.
Town Council Work Session Minutes for September 13, 2004 Page
New Business
a. Councilmember Zoldos stated he received an email from Marie
Householder with the Red Cross regarding a carnival at Ida Lee and her
memo advises that the Parks & Recreation Department has denied their
request. He asked if the number of days were to be reduced to minimize the
impact on the neighborhood could this be reconsidered? He stated this event
will benefit the senior citizens of Loudoun County.
Kaj Dentler stated the application for 10 to 14 days was denied by the
town's Special Events Committee because of the impact on the community
and the traffic in that area of town as it was proposed to be open till 11:00
p.m. during the week and 12:00 a.m. on the weekend. He stated the event
would be better if held in another location. Further, he stated the impact to
the park and on the police resources would be great.
Councilmember Zoldos asked if the number of days for the event were
reduced would the request then be within reason?
Mr. Dentler stated the only possible way that staff could support this
request would be if the carnival were to be held on a weekend; however, the
Red Cross would have to hold the carnival for a longer period of time in order
to make it economically feasible.
b. Councilmember Zoldos stated he would like to nominate James Dennison
and Marcie Brown to serve on the Southwest Leesburg Subcommittee of the
Standing Residential Traffic Committee as residents of Country Club.
Mayor Umstattd stated Larry Tucker of Bradfield Drive has expressed
interest in serving. Further, Council should also consider Hub Turner.
Councilmember Zoldos stated Mr. Turner has declined to serve.
¢. Councilmember Zoldos stated he has received a letter from Dr. Elaine
Elser who owns a condominium in Southgate regarding a daycare on Davis
Avenue. He asked that staff contact her regarding her concerns.
e. Councilmember Zoldos stated he also received a letter from a citizen
regarding his concerns with the reduction of lanes from two to one on
Catoctin Circle as you travel westbound near Roy Rogers. He asked that staff
look into this as well.
f. Councilmember Zoldos addressed an email from Lauren Dowdy in
Northeast Leesburg and her concern for the students of Smartts Mill Middle
School walking along Dry Hallow Road. He stated he had spoken with Mr.
Mason who stated that the Planning Commission approved use of the trail in
lieu of a sidewalk. However, Ms. Dowdy's concern is that there are 30 to 40
children walking through construction traffic.
Mayor Umstattd stated Councilmembers Horne and Hammler responded to
this email. Further, Chief Price responded to the email and she forwarded
that response to Ms. Dowdy asking that she contact Council if she had
additional concerns.
Town Council Work Session Minutes for September 13, 2004 Paqe 14
Councilmember Horne stated she would like to nominate Ann .]ones and Al
Lewis from Woodlea Manor to the Southwest Subcommittee.
h. Councilmember Horne stated the Finance staff is currently looking into the
financial issues with the Loudoun Street Addition. Tn talking with a number of
Council members there seems to be favorable reception of the potential
for a public/private partnership. She asked that a item be placed on the
September 28 Council agenda to look into soliciting proposals for such a
Partnership on a parallel track with looking into the public financing.
i. Mayor Umstattd asked if Councilmember Hammler would like the issue of
the electronic message board and it's use in advertising municipal elections
put to a vote tomorrow night?
Councilmember Hammler stated she would like this to come to a vote
tomorrow night. She stated she recalls driving through Purcellville last April
and was struck by a very simple solution to announce a municipal election
was happening. She stated we are ina unique situation in that we continue
to change polling places and ultimately local citizens are not aware that a
municipal election is going on or more importantly where to vote.
Mayor Umstattd stated one of her concerns is that if you are not able to
have a message board for every part of the community you run the risk of
having one in English in a majority demographic area and not one in a
minority area or where the language is predominantly Spanish. She stated
she would like Council to defer this to ensure we do not run into any problems
such as this.
Councilmember Burk asked how many signs the town has?
Chief Price stated we have three variable message board signs. He stated
Public works and the Police Department each own one and one of the speed
trailers has a small display.
j. Vice Mayor Martinez stated he has been working with Chief Price and Mr.
Noe in responding to the concerns regarding the crosswalk for the students
walking to Smartts Hill. He stated he would like Council to petition the school
board to help with this issue. Further, he has also asked the residents to
contact Sarah Smith who is the Leesburg Representative on the School Board.
The meeting adjourned at 11:25 p.m.
2004_tcwsmin0913
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