Council Member Mark D. Wolfe arrived at 5:55 p.m.

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, Council Members Marc T. Aveni, Sheryl L. Bass, J. Steven Randolph, and Jonathan L. Way; City Manager Lawrence D. Hughes, City Attorney Robert W. Bendall, Deputy City Attorney Martin R. Crim, Chief of Police John J. Skinner, Assistant Chief of Police Doug Keen, Director of Community Development Elizabeth S. Via-Gossman, Planning and Zoning Services Manager Terry Russell, Treasurer Robin R. Perkins, Director of Family Services Ray Spicer, and City Clerk Andrea P. Madden. Council Member Mark D. Wolfe arrived at 5:55 p.m. Absent was Vice Mayor Andrew L. Harrover. Mayor Parrish called the meeting to order at 5:30 p.m. giving the invocation and leading those present in the Pledge of Allegiance to the flag. City Attorney Report. The City Attorney reported on the following item: 1. Mr. Crim announced that there were de minimis changes made to Ordinance #O , but it was still appropriate to be considered on second reading under the Consent Agenda. Mr. Crim stated that rather than be titled the Public Safety Committee, the six-member body with a nonvoting City Council Member, would be titled the Fire and Rescue Committee. In addition, in reference to the overall organization, the term System in Fire and Rescue System has been replaced with the term Services. City Manager Report. The City Manager reported on the following items: 1. Mr. Hughes reported that during the City Council meeting, City staff and technicians from Comcast and Verizon would be investigating the audio difficulties recently reported by citizens. 2. Mr. Hughes announced that there had been a change to the solid waste pick-up schedule and asked citizens to view the website for additional information. 3. Mr. Hughes introduced Kisha Wilson-Sogunro who announced the City of Manassas was chosen for an Extreme Neighborhood Makeover. The neighborhood of Georgetown South will be welcoming 2,000 volunteers on April 24, 2010 to aid in small home repairs, landscaping, and various other improvements. 4. Mike Moon, Public Works and Utilities Director, reported on snow removal efforts. Mr. Hughes stated that the City had spent $1 million on snow removal thus far. 5. Fire and Rescue Chief Mike Wood provided an update on the storm that is expected to move into the area on February 10, 2010, bringing additional snowfall. Fire Marshal Frank Teevan announced that the City is concerned with the snow load capacity of buildings with flat roofs. Chief of Police Report. The Chief of Police reported on the following item: 1. Chief Skinner briefly reported on his department s activity during the most recent snow storm. The Police Department sustained and maintained normal staffing levels

2 with no overtime costs incurred. Seven (7) vehicles were towed from the snow emergency route; this is a significant improvement as there were eighty-eight (88) vehicles towed during the December snow storm. Council Time. Council Member Randolph commented on the tremendous work being done by citizens to remove snow and help their neighbors. Council Member Way briefly reviewed a report published by Lockheed Martin highlighting their civic involvement. Council Member Way also reported on a recent Council of Governments (COG) meeting regarding environmental goals for the region. Council Member Bass commended the City crews for their outstanding work in clearing the streets of snow. Council Member Bass updated Council on happenings of and potential legislation that may impact the Community Criminal Justice Board. Council Member Bass announced her intention to attend the Council of Governments (COG) Human Services Meeting. Mayor Time. Mayor Parrish asked Council Members to speak clearly into their microphones so that the viewing audience can hear them better. Mayor Parrish also asked those at the dais to refrain from shuffling papers as the microphones pick up the sound. Mayor Parrish asked citizens to please clear snow from the fire hydrants in their neighborhoods. Mayor Parrish presented to City Council a resolution, #R , opposing a proposal to freeze the local composite index (LCI). The Manassas City School Board intends to approve a similar resolution at an upcoming meeting. Council Member Randolph thanked Mayor Parrish for bringing this resolution forward; freezing the local composite index would be a great inequity and would negatively impact many in Northern Virginia. COUNCIL MEMBER RANDOLPH MOVED that Resolution #R opposing the arbitrary and delayed implementation of the routine biennial re-benchmark update to the local composite index (LCI) contained in the proposed state biennial budget be approved. Seconded by Council Member Bass. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Mayor Parrish delivered the State of the City Address. Consent Agenda. Item 1. Approve Minutes of the Special Meeting of January 21, 2010 and February 1, 2010 and the Regular Meeting of January 25, COUNCIL MEMBER RANDOLPH MOVED that the Special Meeting minutes of January 21, 2010 and February 1, 2010 and the

3 Regular Meeting minutes of January 25, 2010 be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 2. Consideration of Release of Performance and Erosion Control Bond for Central Park Drive, LLC, American Disposal Phase II, SP#07-18, in Accordance with the Certificate of Compliance Dated February 4, COUNCIL MEMBER RANDOLPH MOVED that the Performance and Erosion Control Bond for Central Park Drive, LLC, American Disposal Phase II, SP#07-18, be released in accordance with the Certificate of Compliance dated February 4, Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 3. Consideration of Resolution #R Acknowledging and Indicating Approval of the City of Manassas, Virginia s Local Emergency Declaration as Issued by the City Manager in Preparation of the February 5-6, 2010 Snow Storm, Pursuant to the Virginia Emergency Services and Disaster Laws, Declaration of Local Emergency. COUNCIL MEMBER RANDOLPH MOVED that Resolution #R acknowledging and indicating approval of the City of Manassas, Virginia s Local Emergency Declaration as issued by the City Manager in preparation of the February 5 6, 2010 snow storm, pursuant to the Virginia Emergency Services and Disaster Laws, Declaration of Local Emergency be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 4. Consideration of Resolution R Amending the FY 2010 Budget by Budgeting and Appropriating $147,590 for Phase I of the Geographic Information System (GIS) Implementation Plan. COUNCIL MEMBER RANDOLPH MOVED that Resolution R amending the FY 2010 Budget by budgeting and appropriating $147,590 for Phase I of the Geographic Information System (GIS) Implementation Plan be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Item 5. Consideration of Resolution R Amending the FY 2010 Budget by Budgeting and Appropriating a State Criminal Alien Assistance Grant in the Amount of $211,653 from the United States Department of Justice. COUNCIL MEMBER RANDOLPH MOVED that Resolution R amending the FY 2010 Budget by budgeting and appropriating a State Criminal Alien Assistance Grant in the amount of $211,653 from the United States Department of Justice be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 6. Consideration of Resolution R Amending the FY 2010 Budget by Budgeting and Appropriating $679 of

4 Museum Donations/Grants and a $125 Reimbursement for Costs Associated with the Restoration of a Photograph. COUNCIL MEMBER RANDOLPH MOVED that Resolution R amending the FY 2010 Budget by budgeting and appropriating $679 of Museum Donations/Grants and a $125 reimbursement for costs associated with the restoration of a photograph be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 7. Consideration of Resolution R Amending the FY 2010 Budget by Budgeting and Appropriating a $4,265 Reimbursement Grant from Firehouse Subs for the Purchase of a Mobile Radio for the Fire and Rescue Department. COUNCIL MEMBER RANDOLPH MOVED that Resolution R amending the FY 2010 Budget by budgeting and appropriating a $4,265 Reimbursement Grant from Firehouse Subs for the purchase of a mobile radio for the Fire and Rescue Department be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 8. Consideration of Resolution R Amending the FY 2010 Budget by Budgeting and Appropriating a $2,000 Reimbursement from the Federal Government for the Purchase of an Apple Computer Monitor and Server Racks for the Police Department s Participation in the Electronic Crimes Task Force. COUNCIL MEMBER RANDOLPH MOVED that Resolution R amending the FY 2010 Budget by budgeting and appropriating a $2,000 reimbursement from the federal government for the purchase of an Apple computer monitor and server racks for the Police Department s participation in the Electronic Crimes Task Force be approved. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Item 9 of the Agenda: The City Clerk read for the second time Ordinance #O Amending Section Chapter 110 of the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Generally Relating to Filing of Personal Property Returns. The second reading of the ordinance as just read by the City Clerk was exactly the same as the first. COUNCIL MEMBER RANDOLPH MOVED that the second reading Ordinance #O as just read by the City Clerk be enacted upon second reading. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 10 of the Agenda: The City Clerk read for the second time Ordinance #O Amending Section of Chapter 114 of the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Generally Relating to Local Vehicle Licenses.

5 The second reading of the ordinance as just read by the City Clerk was exactly the same as the first. COUNCIL MEMBER RANDOLPH MOVED that the second reading of Ordinance #O as just read by the City Clerk be enacted upon second reading. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 11 of the Agenda: The City Clerk read for the second time Ordinance #O Amending and Reenacting the Code of Ordinances, City of Manassas, Virginia (2002), As Amended, by Deleting Articles II and IV of Chapter 54, Deleting Chapter 62, and Enacting a New Chapter 60 Relating to Fire and Rescue Services; Penalty. The second reading of the ordinance as just read by the City Clerk had the following de minimis changes, as reported earlier by the City Attorney: 1. Rather than be titled the Public Safety Committee, the six-member body with a non-voting City Council Member, would be titled the Fire and Rescue Committee; and 2. In reference to the overall organization, the term System in Fire and Rescue System has been replaced with the term Services. COUNCIL MEMBER RANDOLPH MOVED that the second reading of Ordinance #O as just read by the City Clerk be enacted upon second reading. Seconded by Council Member Aveni. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 12 was reserved for changes to the Consent Agenda. Item 13 of the Agenda: Consideration of Resolution #R Reversing a Decision by the City of Manassas Architectural Review Board (ARB), Case # , and Allowing the Demolition and Removal of an Existing Garage Structure Located at 9351 East Street. Ms. Via-Gossman reviewed the appeal filed by Mr. Forest Odend hal of a decision made by the Architectural Review Board (ARB) denying a Certificate of Appropriateness to demolish and remove an existing garage structure located at 9351 East Street. Resolution #R will reverse the decision made by the Architectural Review Board, allowing Mr. Odend hal to remove the structure. Staff recommends that City Council approved Resolution #R Council Member Way commented that the Architectural Review Board is charged with the responsibility of making decisions based on judgment. There was a recent case regarding the lighting of canopies at an office building; the City Council upheld the decision made by the Architectural Review Board in that instance because there was Code to support their decision. In this case, however, Council Member Way stated that after reading the minutes, it was difficult to find the rationale or justification for the Architectural Review Board s decision. Consequently, Council Member Way stated that he supports Resolution #R COUNCIL MEMBER WOLFE MOVED that Resolution #R reversing a decision by the City of Manassas Architectural

6 Review Board (ARB), Case # , and allowing the demolition and removal of an existing garage structure located at 9351 East Street be approved. Seconded by Council Member Way. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Item 14 of the Agenda: First Reading of Ordinance #O , Amending Section of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, Relating to Definition of Act of God. Mr. Russell explained that Ordinance #O will bring the City s Zoning Ordinance into compliance with the State Code. The public hearing was held on January 25, 2010, with no speakers, and was consequently closed and scheduled for action. Staff recommends approval of Ordinance #O COUNCIL MEMBER AVENI MOVED that Ordinance #O Amending Section of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, relating to definition of Act of God be approved on first reading. Seconded by Council Member Wolfe. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Item 15 of the Agenda: First Reading of Ordinance #O , Amending Chapter (f) of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, Procedure on Appeal Relating to the Burden of Proof and Hardship. Mr. Russell explained that Ordinance #O will bring the City s Zoning Ordinance into compliance with the State Code. The public hearing was held on January 25, 2010, with no speakers, and was consequently closed and scheduled for action. Staff recommends approval of Ordinance #O COUNCIL MEMBER RANDOLPH MOVED that Ordinance #O , Amending Chapter (f) of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, Procedure on Appeal Relating to the Burden of Proof and Hardship be approved on first reading. Seconded by Council Member Wolfe. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. Item 16 of the Agenda: First Reading of Ordinance #O , Amending Chapter 130, Section (g), of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, Procedure on Appeal, Required Number of Members for an Affirmative Vote. Mr. Russell explained that Ordinance #O will bring the City s Zoning Ordinance into compliance with the State Code. The public hearing was held on January 25, 2010, with no speakers, and was consequently closed and scheduled for action. Staff recommends approval of Ordinance #O COUNCIL MEMBER WOLFE MOVED that Ordinance #O , Amending Chapter 130, Section (g), of the Code of Ordinances, City of Manassas, Virginia (2002) As Amended, Procedure on Appeal, Required Number of Members for an Affirmative Vote be approved on first reading. Seconded by Council Member Randolph. Roll call vote: AYES: Council Member

7 Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED. Items 17, 18, and 19 were reserved for changes to the Agenda. Item 20 of the Agenda: Presentation of the Voter Registration and Elections 2009 Annual Report. Mayor Parrish announced that the presentation of the Voter Registration and Elections 2009 Annual Report was rescheduled for Monday, February 22, Item 21 of the Agenda: Office 2009 Annual Report. Presentation of the Treasurer s Ms. Perkins presented to City Council the Treasurer s Office 2009 Annual Report. Item 22 of the Agenda: Presentation of the Family Services 2009 Annual Report. Mr. Spicer presented to City Council the Family Services 2009 Annual Report. Item 23 of the Agenda: Presentation of the Community Development Department Development Update and FY 2010 Mid-Year Report. Ms. Via-Gossman presented to City Council the Community Development Department Development Update and FY 2010 Mid-Year Report. Item 24 of the Agenda: Discussion of a Letter of Support for the Prince William Hospital System (PWHS) Project. Council Member Way asked City Council for direction regarding the drafting of a letter of support for the Prince William Hospital System Project. City Council asked that a work session be scheduled for further discussion. Items 25 and 26 were reserved for changes to the Agenda. Item 27 of the Agenda: Citizens Time. There were no speakers. Public Hearing. Item 28 of the Agenda: Continuation of A Public Hearing on Zoning Text Amendment (ZTA) # , Repealing and Reenacting Article IV, Chapter 130, Sections through of the Code of Ordinances, City of Manassas, Virginia (2002) as Amended, Relating to Sign Ordinance. Mr. Russell reviewed the purpose of Zoning Text Amendment (ZTA) # , relating to the establishment of a new sign ordinance. Council Member Way noted that the Land Use Committee thoroughly reviewed the proposed sign ordinance. Mayor Parrish opened the public hearing.

8 The Mayor invited anyone who wished to do so address Council in favor of the zoning text amendment. No one spoke. The Mayor invited anyone who wished to do so address Council in opposition to the zoning text amendment. Kenny Loveless, a partner at Northside Auto Sales, stated that there are a significant number of laws and regulations governing the sale of automobiles and the proposed sign ordinance is only the latest. Mr. Loveless stated it was inexcusable to enact an ordinance that deprives individuals of their property rights. Mr. Loveless suggested that the proposed sign ordinance would create an uneven playing field for smaller businesses and stifle commerce. Just as the City strings banners across Center Street and posts flags to attract attention to events, small businesses would like to also attract attention. Due to the lack of a definition for attractive and harmonious, Mr. Loveless stated that the ordinance would become subjective. Mr. Loveless asked why the City is using scarce resources to impose further restrictions on property owners, while a hiring freeze is in place that has tied the hands of the police department. Mr. Russell stated that staff recommends that the public hearing be closed with action to follow immediately. COUNCIL MEMBER AVENI MOVED to close the public hearing. Seconded by Council Member Wolfe and CARRIED UNANIMOUSLY. The public hearing was closed at 7:56 p.m. Ordinances and Resolutions after Public Hearing. Item 29 of the Agenda: First Reading of Ordinance #O , Repealing and Reenacting Article IV, Chapter 130, Consisting of Sections Numbered through , Relating to Zoning Restrictions on Signs; Penalty. Mr. Russell stated Ordinance #O is intended to adjust the ordinance toward a content-neutral base and staff recommends approval on first reading. Council Member Aveni asked for clarification on the changeable message boards and the number of times a day the message could be changed. Mr. Russell responded that under the new ordinance, the message could be changed up to three times each day. Council Member Wolfe stated that existing signs will be grandfathered under Ordinance #O In addition, individuals are entitled to apply for a Special Use Permit and ask for an exception. COUNCIL MEMBER WOLFE MOVED that Ordinance #O Repealing and Reenacting Article IV, Chapter 130, consisting of Sections numbered through , relating to Zoning Restrictions on Signs; Penalty be approved on first reading. Seconded by Council Member Way. Roll call vote: AYES: Council Member Aveni, Bass, Randolph, Way, and Wolfe. ABSENT: Council Member Harrover. MOTION CARRIED.

9 Motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 8:32 p.m. MAYOR CITY CLERK DATE APPROVED