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October 27, 2003

 

 

     A regular meeting of the Council of the City of Manassas, Virginia was held in the Council Chambers, City Hall on the above date with the following present:  Mayor Marvin L. Gillum, Council Members Judith S. Hays, Bob Oliver, Harry J. Parrish II, Eugene R. Rainville, J. Steven Randolph and Ulysses X. White, City Manager Lawrence D. Hughes, City Attorney Robert W. Bendall, Assistant City Attorney Martin R. Crim, Chief of Police John J. Skinner, Director of Public Works Michael C. Moon, Director of Community Development Elizabeth S. Via, Director of Utilities Allen P. Todd and City Clerk Kimberly D. Allen.

 

     Absent was City Airport Director Juan E. Rivera.

 

     Mayor Gillum called the meeting to order at 5:33 p.m.  Council Member White delivered the invocation and the Mayor lead those present in the Pledge of Allegiance to the flag.

 

     City Attorney Report.

 

     City Attorney Bendall reported on the following item:

1.              Reported on the lawsuit with Black Creek Consulting regarding a tax assessment appeal for the McMann property.

 

     City Manager Report.

 

     The City Manager reported on the following items:

1.              An update on the concerns of interference to amateur radio services from broadband over power lines was given by Allen Todd, Utilities Director reporting an extensive review of other pilot programs with the Federal Communications Commission found no issues regarding this matter.

2.              Council Member White requested the City Manager follow up on the Camp Glenkirk letter and report back to Council.

 

Chief of Police Report.

 

     The Chief of Police had no report.   

 

     Council Time.

 

     Council Member Parrish reported on attending the Virginia Municipal League Conference.

 

     Council Member Randolph reported on attending the Virginia Municipal League Conference.  Requested status report on the two buildings approved for demolition. Liz Via, Community Development Director reported a demolition permit had been issued for the structures and packets had been submitted to the Architectural Review Board with site plans to follow within the next few weeks.

 

     Council Member White reported on attending the Virginia Municipal League Conference and the election of new officers.

 

     Council Member Rainville requested an update on sector planning from the Land Use Committee meeting.  Liz Via, Community Development Director reported that departments had been working on various sections; community facilities and utilities, and that transportation and sector plans would be brought back to Council in various options. 

    

Mayor Time.

 

The Mayor reported on the following items:

 

October 27, 2003

 

1.              Reported meeting with Virginia Railway Express representatives regarding the Manassas parking structure.

2.              Read a letter from a New Jersey citizen complimenting the City.

3.              Requested the recognition of the City’s GASB 34 Implementation Team be added to the agenda as Item 26.

 

COUNCIL MEMBER PARRISH MOVED to add the recognition of the

GASB 34 Implementation Team to the agenda as Item 26. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

     Consent Agenda.

 

     Item 1.  Consideration of Site Plan SP #03-00048, Gray’s Ice Cream Parlor and Plantland for the Construction of an Ice Cream Parlor, Related Parking and Bathroom Facilities at the Existing Plantland Nursery on Sudley Road.

 

     COUNCIL MEMBER PARRISH MOVED that site plan SP #03-00048, Gray’s Ice Cream Parlor and Plantland for the construction of an ice cream parlor, related parking and bathroom facilities at the existing Plantland Nursery on Sudley Road, containing 2.03 acres zoned B-4, be approved subject to a performance bond in the amount of $25,314.15, an erosion control bond in the amount of $5,376.30 and a stormwater management bond in the amount of $6,024.00. Seconded by Council Member Hays.  Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

     Item 2.  Consideration of Site Plan SP #03-00052, Sanitary Sewer Force Main, New Bristow Village for the Construction of Approximately 3,700 Linear Feet of the Force Main Within the City of Manassas on Airport Property.

 

     COUNCIL MEMBER PARRISH MOVED that this item be removed from the consent agenda and added as Item 22 of the agenda. Seconded by Council Member Hays and CARRIED UNANIMOUSLY.

 

     Item 3.  Consideration of Resolution #2004-16-R To Transfer the Balances in Completed Water Capital Projects To New Projects as Approved in the FY 2004 CIP.

 

     Pat Weiler, Finance Director presented a revised resolution.

 

     COUNCIL MEMBER PARRISH MOVED to approve revised Resolution #2004-16-R. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

     COUNCIL MEMBER PARRISH MOVED that Resolution #2004-16-R to transfer the balances in completed water capital projects to new projects as approved in the FY 2004 CIP be adopted. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

     Item 4.  Consideration of Resolution #2004-17-R To Transfer $1,991 From the Police Department Budget To the Information Technology Department Budget For a Printer.

    

     COUNCIL MEMBER PARRISH MOVED that Resolution #2004-17-R to transfer $1,991 from the Police Department budget to the Information Technology Department budget for a printer be adopted. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

October 27, 2003

 

     Item 5.  Consideration of Resolution #2004-18-R To Transfer $1,000 From the Community Development Department To the Information Technology Department For Software License.

 

     COUNCIL MEMBER PARRISH MOVED that Resolution #2004-18-R to transfer $1,000 from the Community Development Department to the Information Technology Department for software license be adopted. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 6.  First Reading of Ordinance #2004-29-O to Budget and Appropriate Additional Highway Maintenance Funding.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-29-O to budget and appropriate additional highway maintenance funding be adopted on the first reading. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 7.  First Reading of Ordinance #2004-34-O to Budget and Appropriate $18,353 From Local Law Enforcement Block Grant and $2,039 From Local Match To Purchase Police Equipment.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-24-O to budget and appropriate $18,353 from local law enforcement block grant and $2,039 from local match to purchase police equipment be adopted on the first reading. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 8.  First Reading of Ordinance #2004-35-O to Budget and Appropriate $91,772 To Carryover From FY 2003 To the FY 2004 Budget For the Outstanding Purchase Orders of the Federal Emergency Preparedness Grant.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-35-O to budget and appropriate $91,772 to carryover from FY 2003 to the FY 2004 budget for the outstanding purchase orders of the Federal Emergency Preparedness Grant be adopted on the first reading. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 9.  First Reading of Ordinance #2004-26-O to Budget and Appropriate Carryover of $15,077 of Two of Life Funds From the FY 2003 Budget to the FY 2004 Budget.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-26-O to budget and appropriate carryover of $15,077 of Two of Life Funds from the FY 2003 budget to the FY 2004 budget be adopted on the first reading. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 10.  First Reading of Ordinance #2004-37-O to Budget and Appropriate Carryover of $298,600 in the Merchant Trust Fund From the FY 2003 Budget To the FY 2004 Budget.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-37-O to budget and appropriate carryover of $298,600 in the Merchant Trust Fund from the FY 2003 budget to the FY 2004 budget be adopted on the first reading. Seconded by Council Member Hays.

 

October 27, 2003

 

Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 11.  First Reading of Ordinance #2004-38-O to Budget and Appropriate $500 From Prince William County To Support the Freedom Festival.

 

COUNCIL MEMBER PARRISH MOVED that Ordinance #2004-38-O to budget and appropriate $500 from Prince William County to support the Freedom Festival be adopted on the first reading. Seconded by Council Member Hays.  Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

     Item 12 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2004-30-O to budget and appropriate $6,872 of additional reimbursement funds received from the Virginia Department of Transportation for the electric relocation at Fairview Avenue.

 

     Item 13 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2004-33-O to budget and appropriate a $4,000 donation from the Manassas Museum Associates, the Manassas Junior Women’s Club and the Manassas Woman’s Club for the Liberia House Restoration.

 

     Item 14 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2004-31-O to budget and appropriate $3,000 from the Museum Publishing Fund Fund Balance for publishing books.

 

     Item 15 of the Agenda:

 

     The City Clerk read for the second time Ordinance #O-2004-14 to grant a franchise for the delivery of broadband data services over City owned power lines, fiber optic cables and associated facilities to provide broadband internet services over the City’s electric distribution system.

 

     The second readings of the ordinances as just read by the City Clerk were exactly the same as the first.

 

     COUNCIL MEMBER PARRISH MOVED that the second readings as just read by the City Clerk be enacted on the second readings. Seconded by Council Member Hays. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

     Item 16 was reserved for agenda changes.

 

     Item 17 of the Agenda:  Consideration of Resolution #R-2004-34 for Request of Seton School To Seek Revenue Bonds From the City of Fairfax Economic Development Authority.

 

     COUNCIL MEMBER RAINVILLE MOVED that Resolution #R-2004-34 for request of Seton School to seek revenue bonds from the City of Fairfax Economic Development Authority be adopted. Seconded by Council Member White. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

     Items 18 – 21 were reserved for agenda changes.

 

October 27, 2003

 

     Item 22 of the Agenda:  (ADDED) (Item 2 from consent agenda) Consideration of Site Plan SP #03-00052, Sanitary Sewer Force Main, New Bristow Village For the Construction of Approximately

3,700 Linear Feet of the Force Main Within The City of Manassas on Airport Property.

 

     COUNCIL MEMBER RAINVILLE MOVED that the site plan, SP #03-00052, sanitary sewer force main, New Bristow Village for the construction of approximately 3,700 linear feet of the force main within the City of Manassas on Airport property be approved. Seconded by Council Member Oliver.  Roll call vote: AYES: Council Members Oliver and Rainville. NAYS: Council Members Hays, Parrish, Randolph and White. MOTON DEFEATED.

 

     Item 23 was reserved for agenda changes.

    

     Item 24 of the Agenda:  Presentation of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting.

 

     The Mayor presented the following staff members who prepared the Comprehensive Annual Financial Report:  Pat Weiler, Finance Director, LaToya Thomas, Accounting Manager and Kathleen Addison, Former Budget Manager.

 

     The Mayor and Pat Weiler accepted the Certificate of Achievement for excellence in financial reporting.

 

     There was no formal action taken on this item.

 

     Item 25 of the Agenda:  Presentation of 2003 Businesses for the Bay Significant Achievement Award to the Water Plant and Maintenance Garage.

 

     The Mayor presented staff with the 2003 Businesses for the Bay Significant Achievement Award.

 

     There was no formal action taken on this item.

 

     Item 26 of the Agenda:  (ADDED)  Consideration of Recognition of the City’s GASB 34 Implementation Team.

 

     The Mayor recognized the Government Accounting Standards Board (GASB) team: Mike Moon, Director of Public Works, Gene Jennings, Deputy Director of Public Works, Russell Graham, Street Department Superintendent, Glen Martin, Traffic Control Supervisor, Barbie Gettelfinger, Administrative Associate III, LaToya Thomas, Accounting Manager, Shirley Burke, Accountant, Regina Meck, Accountant, Sherrie Gnagey, Accountant, and Patricia Weiler, Finance Director.

 

     There was no formal action taken on this item.

 

     Item 27 was reserved for agenda changes.

 

     Item 28 of the Agenda: Citizens Time.

 

     Ron Mayer, P O Box 486 expressed concern that commercial operating permits were being issued at the airport for some businesses but not others.

         

     The Mayor read an affidavit of publication that was before him signed by an authorized agent of the Manassas Journal Messenger newspaper certifying that the public hearings listed on

 

October 27, 2003

 

tonight’s agenda were published in conformance with Virginia law and City Ordinance.

    

Item 29 of the Agenda:  Public Hearing for Special Use Permit Request SUP #2004-01, Sheehy-Manassas, Inc. For the Expansion of Automotive Sales at 9010 and 9006 Liberia Avenue and 8792, 8794, 8796 and 8798 Commerce Court.

 

Yvonne Conaster, Senior Planner presented the special use permit request for the expansion of automotive sales with staff and Planning Commission recommendation for approval.

 

The Mayor invited anyone who wished to do so address the Council in favor of the special use permit request.

 

Mike Vanderpool, representative for the applicant spoke in favor of the request.

 

The Mayor invited anyone who wished to do so address the Council in opposition of the special use permit request.

 

No one addressed the Council.

 

COUNCIL MEMBER WHITE MOVED to close the public hearing. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

The public hearing was closed at 7:40 p.m.

 

Item 30 of the Agenda:  Public Hearing For Rezoning Request REZ #2004-02, Country Place Homeowner’s Association, Inc. For a Rezoning From R-2S, Single Family Residential to B-4, General Commercial, To Create a 25-foot Landscape Buffer Between a Residential and Commercial District at 8742 Country Lane.

 

Yvonne Conatser, Senior Planner presented the rezoning request from single family residential to general commercial with staff and Planning Commission recommendation for approval.

 

The Mayor invited anyone who wished to do so address the Council in favor of the rezoning request.

 

Steven Smith, attorney for the applicant expressed support for the rezoning request.

 

The Mayor invited anyone who wished to do so address the Council in opposition of the rezoning request.

 

No one addressed the Council.

 

COUNCIL MEMBER WHITE MOVED to close the public hearing. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

The public hearing was closed at 7:50 p.m.

 

Item 31 of the Agenda:  Public Hearing For Special Use Permit Request SUP #2004-03, Five Star Hauling Service, Inc. For Repair Shops and Garages of All Types at 10379 Central Park Drive.

 

Yvonne Conaster, Senior Planner presented the special use permit request for repair shops and garages of all types with staff and Planning Commission recommendation for approval.

 

The Mayor invited anyone who wished to do so address the Council in favor of the special use permit request.

October 27, 2003

 

Tony Taylor, applicant and owner of Five Star Hauling Service, Inc. expressed support for the request.

 

The Mayor invited anyone who wished to do so address the Council in opposition of the special use permit request.

 

No one addressed the Council.

 

COUNCIL MEMBER RANDOLPH MOVED to close the public hearing. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

Item 32 of the Agenda:  Public Hearing For Zoning Text Amendment ZTA #2003-10, To Amend the Code of Ordinances Relating to Intermediate (Transitional) Residential Housing.

 

Liz Via, Community Development Director presented the zoning text amendment to amend the Code of Ordinances relating to intermediate residential housing with staff and Planning Commission recommendation for approval.

 

The Mayor invited anyone who wished to do so address the Council in favor of the zoning text amendment.

 

No one addressed the Council.

 

The Mayor invited anyone who wished to do so address the Council in opposition of the zoning text amendment.

 

No one addressed the Council.

 

COUNCIL MEMBER RAINVILLE MOVED to close the public hearing. Seconded by Council Member White and CARRIED UNANIMOUSLY.

 

The public hearing was closed at 8:25 p.m.

 

Item 33 of the Agenda:  Public Hearing for Special Use Permit Request SUP #2004-02, City of Manassas Police Department To Allow For a Public Use For the Operation of An Animal Shelter at 10035 Dean Drive.

 

Liz Via, Community Development Director presented the special use permit request to allow for a public use for the operation of an animal shelter with staff and Planning Commission recommendation for approval.

 

The Mayor invited anyone who wished to do so address the Council in favor of the special use permit request.

 

No one addressed the Council.

 

The Mayor invited anyone who wished to do so address the Council in opposition of the special use permit request.

 

No one addressed the Council.

 

COUNCIL MEMBER WHITE MOVED to close the public hearing. Seconded by Council Member Rainville and CARRIED UNANIMOUSLY.

 

The public hearing was closed at 8:30 p.m.

 

COUNCIL MEMBER RAINVILLE MOVED to extend the meeting to 9:00 p.m. Seconded by Council Member White and CARRIED UNANIMOUSLY.

 

 

October 27, 2003

 

Item 34 of the Agenda:  Consideration of Resolution #R-2004-32, For Special Use Permit SUP #2004-01, Sheehy-Manassas, Inc. For the Expansion of Automotive Sales at 9006 and 9010 Liberia Avenue and 8792, 8794, 8796 and 8798 Commerce Court.

 

COUNCIL MEMBER WHITE MOVED that Resolution #R-2004-32 for special use permit SUP #2004-01, Sheehy-Manassas, Inc. for the expansion of automotive sales at 9006 and 9010 Liberia Avenue and 8792, 8794, 8796 and 8798 Commerce Court be adopted. Seconded by Council Member Rainville. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION CARRIED.

 

Item 35 of the Agenda:  Consideration of Resolution #R-2004-33, For Special Use Permit SUP #2004-02, City of Manassas Police Department For a Public Use Animal Shelter.

 

COUNCIL MEMBER RAINVILLE MOVED that Resolution #R-2004-33 for special use permit SUP #2004-02, City of Manassas Police Department for a public use animal shelter be adopted. Seconded by Council Member White. Roll call vote: AYES: Council Members Hays, Oliver, Parrish, Rainville, Randolph and White. MOTION  CARRIED.

 

Item 36 and 37 of the Agenda:  Closed Meeting Resolutions.

 

     The City Clerk read Resolution #R-2004-35 authorizing a closed meeting of Council for the purpose of consultation with legal counsel employed or retained by a public body regarding specific legal matters relating to the Lockheed Martin lawsuit and the Jackarosa Limited Partnership bankruptcy, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, and pursuant to Section 2.2-3711 paragraphs (a)(7)[part 2]; of the 1950 Code of Virginia as amended.

 

     COUNCIL MEMBER RANDOLPH MOVED that Resolution #R-2004-35 as just read by the City Clerk be adopted.  Seconded by Council Member Rainville.  Roll call vote:  AYES:  Council Members Hays, Oliver, Parrish, Rainville, Randolph and White.  MOTION CARRIED.

 

     Council retired to the closed meeting at 6:15 p.m.

     Council returned from the closed meeting at 7:15 p.m.

 

     The City Clerk read Resolution #R-2004-36 Certification of Closed Meeting.

 

     COUNCIL MEMBER RANDOLPH MOVED that Resolution #R-2004-36 as just read by the City Clerk be adopted.  Seconded by Council Member Rainville.  Roll call vote:  AYES:  Council Members Hays, Oliver, Parrish, Rainville, Randolph and White.  MOTION CARRIED.

 

     Motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting.

 

     Mayor Gillum declared the meeting adjourned at 8:35 p.m.

 

 

___________________________       _____________________________

MAYOR                             CLERK

 

 

                                  ______________________________

                                  Date Approved