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October 18, 2004

 

 

A Regular meeting and public hearings of the Council of the City of Manassas were held in the Council Chambers, City Hall on the above date with the following present: Mayor Douglas S. Waldron, Council Members Judith S. Hays, Jackson H. Miller, Bob Oliver, Harry J. Parrish, II, J. Steven Randolph and Steven S. Smith; City Manager Lawrence D. Hughes, City Attorney Robert W. Bendall, Director of Utilities Allen P. Todd, Chief of Police John J. Skinner, Community Development Director Elizabeth S. Via, Historic Resources Director Melinda Herzog and City Clerk Kimberly D. Allen.

 

Absent were Public Works Director Michael C. Moon and Deputy City Attorney Martin R. Crim.

 

     Mayor Waldron called the meeting to order at 5:30 p.m. delivered the invocation and lead those present to the Pledge of Allegiance to the flag.

 

     City Attorney Report.

 

     The City Attorney reported on the following item:

1.              Requested a closed session with Council on legal matters regarding litigation.

 

City Manager Report.

 

The City Manager reported on the following items:

1.              Jim Oliver, Director of Social Services and Debi Sandlin, Economic Development Manager presented the 2004 Virginia Municipal League Award to Mayor Waldron.

2.              Allen Todd, Director of Utilities and John Hewa, Assistant Director showed a video clip of the Manassas visit by the Federal Communications Commission Chairman Michael Powell and the Federal Energy Regulatory Commission Chairman Patrick Henry Wood, III.

3.              Reported he received a revised draft of the George Mason University Performing Arts Center Agreement.

 

Chief of Police Report.

 

The Police Chief reported on the following item:

1.  Gave status report on Accreditation and distributed copies of the August 2004 Assessment Report.  Commented final review by the Commission on Accreditation would be November 3 – December 4, 2004 and a reception would be scheduled in December after the awarding of the accreditation.

 

     Council Time.

 

     Council Member Hays commented on attending the Freedom Festival held on Saturday at the Manassas Regional Airport.

 

     Council Member Randolph requested Comcast make a presentation to Council pertaining to high speed internet.  The City Manager indicated the Cable Franchise was currently being negotiated.  Mr. Randolph commented on the opening of South Grant Avenue.  Gene Jennings, Deputy Director of Public Works reported it would be officially opening tomorrow, October 19, 2004.

 

     Vice Mayor Parrish requested staff inform Council on the negotiations pertaining to the Cable Franchise; commented the flashing light on Dumfries Road would become a stop light.

 

     Mayor Time.

 

 

 

 

 

October 18, 2004

 

Commented he attended a luncheon at the VFW Francis Cannon Post 7589 today.

 

     Commented he attended the Freedom Festival at the Manassas Regional Airport.

 

     Reminded Council Members to schedule their computer training with the IT Department or the City Clerk.

 

     Commended the City Clerk for achieving First Level to the Master Municipal Clerk’s Academy through the International Institute of Municipal Clerks.  Expressed appreciation to all staff for their efforts to make the city a great place to live and do business.

 

     Consent Agenda.

 

     Item 1.  Approve City Council Minutes of Special Meeting and Public Hearings of September 20, Regular Meeting of September 27 and Special Meeting of September 29, 2004.

 

     COUNCIL MEMBER PARRISH MOVED that the minutes of September 20, 27 and 29, 2004 be approved. Seconded by Council Member Oliver. Roll  call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

    

     Item 2.  Consideration of a Traffic Flow Plan For SP #03-03, Seton School Pursuant To Condition #16 of Special Use Permit #2004-11.

 

     COUNCIL MEMBER PARRISH MOVED that a traffic flow plan for SP #03-03, Seton School pursuant to Condition #16 of Special Use Permit #2004-11 be approved. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 3.  Consideration of Memorandum of Lease and Collateral Assignment of Franchise Between FlightWorks, Inc., Aviation Constructors Limited and The City of Manassas and Authorize the Mayor To Sign The Documents.

 

     COUNCIL MEMBER PARRISH MOVED that the Memorandum of Lease and Collateral Assignment of Franchise between FlightWorks, Inc., Aviation Constructors Limited and the City of Manassas be approved and authorized the Mayor to sign the document. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 4.  Consideration of Resolution #2005-11-R To Transfer $1,460 From the Police Department To Information Technology For Purchase of Color Printer For The Patrol Division.

 

     COUNCIL MEMBER PARRISH MOVED that Resolution #2005-11-R to transfer $1,460 from the Police Department to Information Technology for purchase of color printer for the Patrol Division be adopted. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 5.  First Reading of Ordinance #2005-29-O To Amend The FY 2005 Budget By Budgeting and Appropriating $348,480 in Airport Land Proceeds Funds To Construct a Storage Building For Airport Equipment and Material.

 

     COUNCIL MEMBER PARRISH MOVED that Ordinance #2005-29-O to amend the FY 2005 budget by budgeting and appropriating $348,480 in Airport Land Proceeds Funds to construct a

 

 

 

October 18, 2004

 

storage building for airport equipment and material be adopted on the first reading. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 6.  First Reading of Ordinance #2005-30-O To Amend The FY 2005 Budget By Budgeting and Appropriating $3,968 Carryover Funds From FY 2004 For The Disability Services Board.

 

     COUNCIL MEMBER PARRISH MOVED that Ordinance #2005-30-O to amend the FY 2005 Budget by budgeting and appropriating $3,968 Carryover Funds from FY 2004 for the Disability Services Board be adopted on the first reading. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION  CARRIED.

 

     Item 7.  First Reading of Ordinance #2005-32-O To Transfer Payment-in-Lieu of Taxes In The Water, Sewer and Electric Funds and To Budget and Appropriate $53,000 in The Equipment Fund To Purchase a Mini-Excavator For The Utilities Department.

 

     COUNCIL MEMBER PARRISH MOVED that Ordinance #2005-32-O to transfer payment-in-lieu of taxes in the Water, Sewer and Electric Funds and to budget and appropriate $53,000 in the Equipment Fund to purchase a mini-excavator for the Utilities Department be adopted on the first reading. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 8.  First Reading of Ordinance #O-2005-07 To Repeal Section 78-312 of the Code of Ordinances, City of Manassas Relating Generally To Curfew for Minors.

 

     COUNCIL MEMBER PARRISH MOVED that Ordinance #O-2005-07 to repeal Section 78-312 of the Code of Ordinances, City of Manassas relating generally to curfew for minors be adopted. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Item 9 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-23-O to amend the FY 2005 Budget by budgeting and appropriating $2,000 from Prince William 66 Partnership for Economic Development purposes.

 

     Item 10 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-24-O to amend the FY 2005 Budget by budgeting and appropriating $21,361 contribution from Gregory’s Grove Subdivision for Road Frontage Improvements and Storm Sewer Construction.

 

     Item 11 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-25-O to amend the FY 2005 Budget by budgeting and appropriating $5,546 for Litter Control Grant.

 

     Item 12 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-26-O to amend the FY 2005 Budget by budgeting and appropriating $8,575 of Stormwater Escrow Funds for Sumner Lake Traffic Circle Underdrain System. 

 

     Item 13 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-27-O to amend the FY 2005 Budget by budgeting and appropriating $8,963

October 18, 2004

 

from the Virginia Department of Aviation and transferring $996 from the Airport Fund for increases to the Airport’s Security Grant.

 

     Item 14 of the Agenda:

 

     The City Clerk read for the second time Ordinance #2005-28-O to amend the FY 2005 Budget by budgeting and appropriating $133,612 from Law Enforcement Terrorism Prevention Grant (LETPP).

 

     Item 15 of the Agenda:

 

     The City Clerk read for the second time Ordinance #O-2005-06 for rezoning REZ #2004-08, Manassas Ice and Fuel Company to rezone 0.95 acres at 9604 Cloverhill Road from A-1, Agricultural to R-2-S, Single family residential dwellings.

 

     The second readings as 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 second readings. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. ABSTAINED: Council Member Parrish on Item 15 only. MOTION CARRIED.

 

     Item 16 was reserved for agenda changes.

 

     Item 17 of the Agenda:  Consideration of Resolution #R-2005-46 Opposing an Off-Track Gambling Facility in The City of Manassas Park.

 

     Mayor Waldron presented the Resolution opposing an off-track gambling facility in Manassas Park due to the potential to have a negative impact on the image of our community.

 

     COUNCIL MEMBER PARRISH MOVED that Resolution #R-2005-46 opposing an off-track gambling facility in the City of Manassas Park be adopted. Seconded by Council Member Oliver. Roll call vote: AYES: Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Items 18 – 21 were reserved for agenda changes.

 

     Item 22 of the Agenda: Consideration of Designation of a City Representative of The Tri-County Parkway Advisory Task Force.

 

     Gene Jennings, Deputy Director of Public Works presented the item indicating the Tri-County Parkway Location study was a part of the Environmental Document required to determine the final corridor for the roadway.

 

     COUNCIL MEMBER OLIVER MOVED to authorize the Mayor to sign letter to Whittington Clement, Secretary of Transportation, designating Vice Mayor Parrish as the City’s representative on the Task Force. Seconded by Council Member Randolph and CARRIED UNANIMOUSLY.

 

     Item 23 of the Agenda:  Consideration of Presentation By Steve Nelson, Legislative Committee Chair of the Prince William Greater-Manassas Chamber of Commerce of a Resolution From The Chamber Supporting Several City Projects.

 

     Debi Sandlin, Economic Development Manager introduced Steve Nelson, Chair of the Legislative Committee for the Prince William Greater – Manassas Chamber of Commerce.  Mr. Nelson read the resolution endorsing the City moving forward with the construction of the VRE Parking Garage, the City Hall Parking Garage and the Cityscape project in Old Town.

 

October 18, 2004

 

Mayor Waldron acknowledged receipt of the Resolution and thanked Mr. Nelson for coming.  There was no formal action taken on this item.

 

     Item 24 of the Agenda:  Consideration of Feasibility Review of Lot Certain By Vacating Certain Public Roadway Stubs in the City Along Stonewall Road.

 

     Don Sager, Assistant City Engineer presented the feasibility study of vacating roadway stubs on Weems Road and Jackson Avenue and reviewed a “pro vs. con” analysis on this action.  Staffs recommendation not to vacate the public streets was discussed.

 

     COUNCIL MEMBER OLIVER MOVED to approve staffs recommendation not to vacate the public streets. Seconded by Council Member Hays and CARRIED UNANIMOUSLY.

 

     Items 25 and 26 were reserved for agenda changes.

 

     Item 27 of the Agenda:  Recognition of The Volunteers and Contributors for The Manassas Veteran’s Memorial.

 

     Roger Snyder, RWS Consulting and Mayor Waldron recognized the volunteers and contributors for their donations toward the construction of the Memorial.

 

     There was no formal action taken on this item.

 

     Item 28 of the Agenda:  Consideration of Commendation for James E. Lesnick, Fire Chief of the Manassas Volunteer Fire Company.

 

     Mayor Waldron, Don Holman, Chief and Mike Rohs, Captain of the Fire Department presented Jim Lesnick with the Commendation.

 

     COUNCIL MEMBER RANDOLPH MOVED that the Commendation for James E. Lesnick be adopted. Seconded by Council Member Oliver and CARRIED UNANIMOUSLY.

 

     The Mayor recessed the meeting at 7:25 p.m.

     The Mayor reconvened the meeting at 7:32 p.m.

 

     Items 29 and 30 were reserved for agenda changes.

 

     Item 31 of the Agenda:  Citizens Time.

 

     There were no citizens present to address Council.

 

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

 

     Item 32 of the Agenda:  Public Hearing To Consider Rezoning Request REZ #2005-01, Sumner Lake Homeowners Association, To Amend Proffer #29 To Remove The Requirement of Designating all Pipestem Driveways as Fire Lanes.

 

     Yvonne Conatser, Senior Planner presented the rezoning request to amend a proffer removing the requirement of designating all pipestem driveways as fire lanes. 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.

 

     A J Jones, 9288 Sumner Lake Blvd. spoke in favor of the request.

 

October 18, 2004

 

     Kevin Jackson, 9294 Sumner Lake Blvd. and President of the Sumner Lake Homeowners Association 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 OLIVER MOVED that the public hearing be closed. Seconded by Council Member Parrish and CARRIED UNANIMOUSLY.

 

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

 

     Item 33 of the Agenda:  Public Hearing To Consider Architectural Review Board Appeal Case #2004-44, NVP, Inc. For The Construction of a New Residential Structure at 9009 – 9011 Grant Avenue.

 

     Liz Via, Community Development Director acknowledged a letter received by the representative of NVP, Inc. requesting deferral of this matter until December 20, 2004 to afford time for the applicant to reconsider resubmission of a revised application to the Architectural Review Board.

 

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

 

     No one addressed Council.

 

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

 

     No one addressed Council.

 

     COUNCIL MEMBER PARRISH MOVED that the public hearing be held open and this item deferred to December 20, 2004. Seconded by Council Member Randolph and CARRIED UNANIMOUSLY.

 

     The public hearing will remain open until December 20, 2004.

 

     Item 34 of the Agenda:  Closed Session Resolutions.

 

     The City Clerk read Resolution #R-2005-47 authorizing a closed meeting of Council for the purpose of discussing personnel matters relating to the Utilities Department and consultation with legal counsel relating to actual or probable litigation; where such discussion in open meeting would adversely affect the negotiating or litigating posture of the public body; pursuant to Section 2.2-3711 paragraphs (A)(1) and (A)(7) [parts 1 and 2]; of the 1950 Code of Virginia as amended.

 

     COUNCIL MEMBER RANDOLPH MOVED that Resolution #R-2005-47 as just read by the City Clerk be adopted.  Seconded by

Council Member Oliver.  Roll call vote:  AYES:  Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

 

     Council retired to the closed meeting at 6:23 p.m.

     Council returned from the closed meeting at 7:00 p.m.

 

     The City Clerk read Resolution #R-2005-48 Certification of Closed Meeting.

 

     COUNCIL MEMBER RANDOLPH MOVED that Resolution #R-2005-48 as just read by the City Clerk be adopted.  Seconded by Council Member Oliver.  Roll call vote:  AYES:  Council Members Hays, Miller, Oliver, Parrish, Randolph and Smith. MOTION CARRIED.

October 18, 2004

 

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

 

     Mayor Waldron declared the meeting adjourned at 8:00 p.m.

 

 

 

                                                              

MAYOR                             CLERK

 

 

 

                                                              

                                  Date Approved