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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 ,(~lerk-~f (~-ou ncil