Mayor Parrish called the meeting to order at 5:31 p.m. giving the invocation and leading those present in the Pledge of Allegiance to the flag.

Transcription

1 A Regular Meeting of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present: Mayor Harry J. Parrish II, Vice Mayor Jonathan L. Way, Council Member Marc T. Aveni, Sheryl L. Bass, Ian T. Lovejoy, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Attorney Michael R. Vanderpool, City Clerk Andrea P. Madden, Community Development Director Elizabeth S. Via Gossman, Planning and Zoning Services Manager Matthew Arcieri, Fire and Rescue Chief Brett R. Bowman, Police Chief Douglas W. Keen, Police Captain Trey Lawler, Finance and Administration Director Paul E. York, Economic Development Director Patrick Small, and Public Information Specialist Patty Prince. Absent was Council Member Ken D. Elston. Mayor Parrish called the meeting to order at 5:31 p.m. giving the invocation and leading those present in the Pledge of Allegiance to the flag. City Attorney Report Mr. Vanderpool stated that he had nothing new to report to the City Council. City Manager Report Mr. Pate announced that FOX 5 will broadcast from the Harris Pavilion on Friday, July 31 from 7:00 a.m. to 11:00 a.m. Senator Colgan will be at the event, a wedding is scheduled for 10:00 a.m., and local vendors and restaurants will be in attendance. The entire community is welcome to stop by the Pavilion and participate in the event. Mr. Pate commented on the success of the summer camps and congratulated all the graduates of the program. Mr. Pate thanked WGTS 91.9 FM for hosting a free ice cream social on July 21 at Stonewall Park Pool. The event was a success and the public appreciated the cold treat on such a warm day. Mr. Pate shared the theme for August s 1 st Friday, which is Dog Days of Summer. Citizens are encouraged to bring their dogs from 5 p.m. to 9 p.m. with many shops and restaurants in Historic Downtown Manassas offering water and treats for pets to enjoy. Chief of Police Report Chief Keen announced that July 24 was the 27th Anniversary of the murder of Sergeant John D. Connor III, who was killed in the line of duty. Chief Keen detailed the events of the day and concluded with a wreath laying at Quantico to honor Sergeant Connor and his service to the community. Council Time Council Member Bass mentioned the many happenings in the City and thanked the Stonewall Swim Team for inviting her to lead the Pledge of Allegiance earlier in the month. Council Member Bass announced the ground breaking for the new Skate Park near Dean Elementary School occurred on July 18 and was well attended by many eager skateboarders. Mayor Time Graduates from the Fire & Rescue, Police, and Culinary Arts Camps were introduced and recognized for their outstanding efforts and accomplishments. Senator Colgan, Mayor Parrish, and members of the Flory Small Business Center presented the family of Joe H. France with Commendations honoring his many years of selfless public service.

2 Consent Agenda Item 1. Approve Minutes of Regular Meeting of July 13, 2015 and Special Meeting of July 20, COUNCIL MEMBER WOLFE MOVED that the Minutes of the Regular Meeting of July 13, 2015 and Special Meeting of July 20, 2015 be approved. Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Elston. MOTION CARRIED. Item 2. Consideration of Reduction of Performance Bond 65% for the Following Project: Prescott Court at 9214 Prescott Avenue: Site Plan, SP# , in Accordance with the Certificate of Compliance Dated July 16, COUNCIL MEMBER WOLFE MOVED that the Performance Bond for the following project: Prescott Court at 9214 Prescott Avenue: Site Plan, SP# , be reduced 65% in accordance with the Certificate of Compliance dated July 16, Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 3. Consideration of a Cooperation Agreement with Prince William County (PWC) as Required by the United States Department of Housing and Urban Development (HUD) for the City of Manassas to Participate and Receive Funds from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG). COUNCIL MEMBER WOLFE MOVED that Item 3 be removed from the Consent Agenda and placed on the Agenda as Item 16 for separate consideration. Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 4. Consideration of Resolution R Amending the FY 2016 Budget by Budgeting and Appropriating $640,000 of State Grant Funds for Street Paving along Route 234 (Sudley Road/Grant Avenue/Dumfries Road). COUNCIL MEMBER WOLFE MOVED that Resolution R Amending the FY 2016 Budget by Budgeting and Appropriating $640,000 of State Grant Funds for Street Paving along Route 234 (Sudley Road/Grant Avenue/Dumfries Road). Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Elston. MOTION CARRIED. Item 5. Consideration of Resolution #R Providing for the Reduction of the Interest Rate of the City of Manassas, Virginia, Taxable General Obligation Airport Bond, Series of 2004, and Other Actions Related Thereto. COUNCIL MEMBER WOLFE MOVED that Resolution #R Providing for the Reduction of the Interest Rate of the City of Manassas, Virginia, Taxable General Obligation Airport Bond, Series of 2004, and Other Actions Related Thereto be approved. Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 6. Second Reading of Ordinance #O Amending and Reenacting the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, by Amending Sections , , and and by Repealing Sections , , and Relating to Soliciting on Public Property; Penalty. COUNCIL MEMBER WOLFE MOVED that Item 6 be removed from the Consent Agenda and placed on the Agenda as Item 11 for separate consideration. Seconded by Council Member Aveni. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT

3 Item 7 was reserved for changes to the Consent Agenda. Item 8 of the Agenda: Consideration of Resolution #R Approving Special Use Permit (SUP) # , Mayfield Intermediate School, 9400 Mayfield Court. Kelly Davis, Senior Planner, stated that Resolution #R will approve a Special Use Permit that will allow Mayfield Intermediate School to place three (3) modular classrooms on site. The City Council held and closed the Public Hearing on the matter on July 20, 2015 with one citizen in opposition. City staff and the Planning Commission recommend approval as conditioned. COUNCIL MEMBER AVENI MOVED that Resolution #R Approving Special Use Permit (SUP) # , Mayfield Intermediate School, 9400 Mayfield Court be approved. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 9 of the Agenda: First Reading of Ordinance #O Approving Rezoning (REZ) # , Hastings Marketplace Proffer Amendment, Hastings Drive, 10034, 10036, 10038, 10040, 10042, 10044, and Market Street and and Wellington Road. Matthew Arcieri, Planning and Zoning Services Manager, stated the applicant has requested a deferral to gather additional information regarding suggested options for the development and allow staff an opportunity to consider the efficacy of the stormwater management system. The City Council agreed to defer action on Ordinance #O to August 10, Item 10 of the Agenda: First Reading of Ordinance #O Amending and Adding in Chapter 58 an Article Numbered I, Consisting of Sections Numbered 58 1 through 58 11, and Repealing Article II of Chapter 58, Consisting of Sections through 58 39, Relating to Noise; Penalty. Mike Vanderpool, Deputy City Attorney, provided background information and explained the reasons staff initiated the revision to the Manassas Code of Ordinances. The following information was included on the Agenda Statement: The Virginia Supreme Court struck down Virginia Beach s noise ordinance in 2009 in the Tanner decision. The Virginia Beach noise ordinance prohibited noise that disturbs or annoy the quiet, comfort or repose of reasonable persons. The Court ruled that the Virginia Beach ordinance did not give fair notice to citizens as required by the Due Process Clause of the U.S. Constitution, because the reasonable person standard was too subjective. In the years since, many localities have adopted objective standards based on decibel levels. Since 2003, the City has had a noise ordinance using decibel levels, but the 2003 ordinance defines noise in terms of decibels above the local ambient noise level. The term local ambient has a 150 word definition that has proved unwieldy. The 2003 ordinance also has some older provisions using a subjective standard. In looking for a better standard for noise, the Police Department found that Prince William County has an effective noise ordinance which does not rely on measurement of local ambient noise but instead prohibits noise above certain absolute levels for residential, commercial, and industrial districts, with different levels for day and night. For example, noises above 60 decibels are prohibited in residential districts in the daytime, and noises above 55 decibels are prohibited in residential districts at night. This draft ordinance follows the Prince William County ordinance and uses the same decibel levels. It exempts train noise, which is regulated by federal law and by the City s partial quiet zones. The draft ordinance also exempts noise from airplanes, which is governed by the City s Airport Impact Overlay District, City Code through

4 By moving from a local ambient standard to an absolute decibel standard, the City will not only make enforcement easier for the police but also give citizens fair notice as to what noise level is permitted. In addition, this draft ordinance removes the subjective provisions that are unenforceable under the Tanner case. Council Member Aveni asked about noise coming from businesses and establishments playing music. Captain Lawler stated that there is a specific section establishing decibel limits and complaints of noise will be responded to appropriately. COUNCIL MEMBER AVENI MOVED that Ordinance #O Amending and Adding in Chapter 58 an Article Numbered I, Consisting of Sections Numbered 58 1 through 58 11, and Repealing Article II of Chapter 58, Consisting of Sections through 58 39, Relating to Noise; Penalty be approved on first reading. Seconded by Vice Mayor Way. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 11 of the Agenda: Second Reading of Ordinance #O Amending and Amending Sections , , and and by Repealing Sections , , and Relating to Soliciting on Public Property; Penalty. Vice Mayor Way stated that he requested this item be pulled from the Consent Agenda to bring attention to the impact this ordinance will have on the community. Deputy City Attorney, Mike Vanderpool, again reviewed the intersections, which were identified using data, where soliciting will be prohibited and reiterated that the right of free speech is and will continue to be protected. The City Clerk read for the second time Ordinance #O , Amending and Amending Sections , , and and by Repealing Sections , , and Relating to Soliciting on Public Property; Penalty. The second reading of the Ordinance as just read by the City Clerk was exactly the same as the first. COUNCIL MEMBER AVENI MOVED that Ordinance #O , Amending and Amending Sections , , and and by Repealing Sections , , and Relating to Soliciting on Public Property; Penalty be approved and enacted on second reading. Seconded by Vice Mayor Way. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Item 12 was reserved for changes to the Agenda. Item 13 of the Agenda: Consideration of a Cooperation Agreement with the City of Manassas Economic Development Authority (EDA) for the Development of Manassas Gateway. Item 14 of the Agenda: Presentation of a Report by Belinda Miller of Write by the Rails Regarding the Little Free Libraries Project in the Manassas Area. Belinda Miller, Write by the Rails member and local author, presented a report on the Little Free Libraries Project in the Manassas area. Item 15 of the Agenda: Presentation and Power Point by Fire and Rescue Chief Brett R. Bowman Introducing the New Safe Around Manassas (SAM) Community Risk Reduction Program.

5 Chief of Fire and Rescue Brett R. Bowman introduced the new Safe around Manassas (SAM) Community Risk Reduction Program. Item 16 of the Agenda: Consideration of a Cooperation Agreement with Prince William County (PWC) as Required by the United States Department of Housing and Urban Development (HUD) for the City of Manassas to Participate and Receive Funds from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG). Elizabeth S. Via Gossman, Community Development Director, explained that every three years, the Federal Government requires that Prince William County update its cooperation agreements with cities as part of the County s Urban County Qualifications. There have been no changes to the agreement as it was previously approved by the City Council and signed on June 28, 2012 by Mayor Parrish. The City s portion of funding averages $140,000 per year and is disbursed directly to City applicants through programs administered by the County. COUNCIL MEMBER AVENI MOVED that the Cooperation Agreement with Prince William County (PWC) as Required by the United States Department of Housing and Urban Development (HUD) for the City of Manassas to Participate and Receive Funds from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG) be approved. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Elston. MOTION CARRIED. Items 17 and 18 were reserved for changes to the Agenda. Item 19 of the Agenda: Citizens Time Warron French, a resident of the City of Manassas, thanked the City Council for approving Ordinance #O , stating that he has a noisy neighbor who plays loud music during all hours of the day and night. Mr. French stated that the Police Department will finally be able to help him when he calls in complaints regarding the noise. Michael McManus, a resident of the City of Manassas, thanked the City Council for adopting the zoning update that requires public hearings for any medical care facility wishing to operate in the City. Aaron Messier, a resident of Haymarket, spoke in support of life and unborn children in Manassas. Item 20 of the Agenda: Consideration of a Motion Authorizing a Closed Meeting on Subjects in Accordance with the Amended Freedom of Information Act. COUNCIL MEMBER AVENI MOVED that the City Council convene in closed session to discuss appointments to Boards, Committees and Commissions, and to discuss or consider the acquisition of real property for a public purpose, or of the disposition of publicly held real property, since discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City, as permitted by Virginia Code Paragraphs A (1) and (3), for which the Virginia Freedom of Information Act permits discussion in closed session. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Mayor Parrish announced that the Mayor and City Council, the City Manager, the Deputy City Attorney, and the Economic Development Director would be included in the closed meeting discussion regarding real property. Mayor Parrish announced that the Mayor and City Council would be included in the closed meeting discussion regarding reappointments.

6 Council retired to the closed meeting at 6:32 p.m. Item 21 of the Agenda: Consideration of a Motion Certifying That the Closed Meeting was Conducted in Conformity with Virginia Law. COUNCIL MEMBER AVENI MOVED that the City Council certify that, in the closed meeting just concluded, nothing was discussed except the matters specifically identified in the motion to convene in closed meeting and lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information Act cited in the motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Mayor Parrish excused himself from the meeting at 7:00 p.m. Council returned from the closed meeting at 7:03 p.m. Item 22 of the Agenda: Consideration of a Motion Authorizing a Closed Meeting on Subjects in Accordance with the Amended Freedom of Information Act. COUNCIL MEMBER AVENI MOVED that the City Council convene in closed session to discuss appointments to Boards, Committees and Commissions, and to discuss or consider the acquisition of real property for a public purpose, or of the disposition of publicly held real property, since discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City, as permitted by Virginia Code Paragraphs A (1) and (3), for which the Virginia Freedom of Information Act permits discussion in closed session. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Vice Mayor Way announced that the City Council, the City Manager, the Deputy City Attorney, and the Economic Development Director would be included in the closed meeting discussion regarding real property. Vice Mayor Way announced that the City Council would be included in the closed meeting discussion regarding reappointments. Council retired to the closed meeting at 7:34 p.m. Item 23 of the Agenda: Consideration of a Motion Certifying That the Closed Meeting was Conducted in Conformity with Virginia Law. COUNCIL MEMBER AVENI MOVED that the City Council certify that, in the closed meeting just concluded, nothing was discussed except the matters specifically identified in the motion to convene in closed meeting and lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information Act cited in the motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Way and Wolfe. ABSENT Council returned from the closed meeting at 7:48 p.m. Item 24 of the Agenda: Consideration of Appointments to Boards, Committees and Commissions. COUNCIL MEMBER LOVEJOY MOVED that the following appointments be approved: Debbie Haight to the Architectural Review Board, to fill an unexpired term ending March 30, 2018; Marci Settle, to the Citizens Advisory Committee for Cemeteries to serve at the Pleasure of Council; Mike Howard, to the Manassas Business Council, to fill an unexpired term ending January 28, 2017; and

7 Theresa Coates Ellis, to the Manassas Regional Airport Commission, to fill an unexpired term ending June 30, Seconded by Council Member Wolfe and CARRIED UNANIMOUSLY. Motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Vice Mayor Way declared the meeting adjourned at 7:50 p.m. MAYOR CITY CLERK DATE APPROVED