city of manassas, virginia city council meeting agenda city … · 2018-01-08 · city of manassas...

City Counci lCi ty Counci l Regular Meeting & Publ ic HearingsJanuary 08, 2018Page | 1

City of Manassas, VirginiaCity Council Meeting

AGENDA

City Council Regular Meeting & Public HearingsCouncil Chambers

Monday, January 08, 2018

Call to Order - 5:30 p.m.

Roll Call

Invocation and Presentation of Colors by the Manassas City Police Department Honor Guard

Community and Staff Presentations

Swearing In Ceremony: City of Manassas Police Department (Staff: Douglas W. Keen, Chief of Police)

- Police Officer Arjun Datta- Police Officer Bradley Forren- Police Officer Phillip Harrover- Police Officer Cooper Knight- Police Officer Warren Lane- Police Officer Reid McCarthy- Police Officer Abdulah Rasooli

City Attorney Report

City Manager Report

Chief of Police Report

Council Time

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Mayor Time

1. Consent Agenda

All matters listed under the consent agenda are considered to be routine by the City Counciland will be enacted by one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the consent agenda and consideredseparately.

1.1 City Council Minutes: December 11, 2017 (Legislative Meeting) and December11, 2017 (Regular Meeting & Public Hearings)(Staff: Andrea P. Madden, Assistant to the City Manager - City Clerk)Agenda Statement - City Council MinutesCity Council Minutes: December 11, 2017 (Legislative Meeting)City Council Minutes: December 11, 2017City Council Minutes: December 11, 2017 (AMENDED)

1.2 Commendation: Honoring Radford University Panhellenic Council(Staff: Ronald King, Social Services Director)Agenda Statement - Radford University Panhellenic CouncilCommendation - Radford University Panhellenic Council

1.3 Agreement: Virginia Department of Health (VDH) Contract(Staff: W. Patrick Pate, City Manager)Agenda Statement - Virginia Dept. of Health ContractVirginia Department Health Contract - FY 2018

1.4 Resolution #R-2018-12: Honoring Carl V. Crawford for his Thirty Years of Serviceto the City of Manassas(Staff: Douglas W. Keen, Chief of Police)Agenda Statement - Resolution #R-2018-12Resolution #R-2018-12

1.5 Resolution #R-2018-17: Appointments from the Greater Manassas VolunteerRescue Squad to the Fire and Rescue Committee(Staff: Rob Clemons, Fire and Rescue Chief)Agenda Statement - Resolution #R-2018-17Resolution #R-2018-17GMVRS Letter Dated December 30, 2017

1.6 Resolution #R-2018-18: Accepting the Results of the Annual Election of Officersof the Greater Manassas Volunteer Rescue Squad(Staff: Rob Clemons, Fire and Rescue Chief)Agenda Statement - Resolution #R-2018-18Resolution #R-2018-18

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/135350/Agenda_Statement_-_Minutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/135351/12-11-2017_Minutes_LB.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136880/12-11-2017_Minutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/138169/12-11-2017_Minutes_Amended.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/134994/Agenda_Statement_-_Radford_University_Panhellenic_Council.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/134995/Commendation_-_Radford_University_Panhellenic_Council.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/135367/Agenda_Statement_-_VDH_Contract-2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/134953/VDH_Contract.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136534/Agenda_Statement_-_Resolution_R-2018-12.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136531/R-2018-12.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136566/Agenda_Statement_-_R-2018-17.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136791/SKM_C364e18010310440.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136780/Agenda_Statement_-_R-2018-18.pdf



GMVRS Letter Dated December 30, 2017

1.7 Ordinance #O-2018-03, Pierce Funeral Home Columbarium (Second Reading)(Staff: Kelly Davis, AICP, Senior Planner)

1.8 Uncodified Ordinance #O-2018-04: Granting Two Easements to Virginia Electricand Power Co., Doing Business as Dominion Virginia Power (DVP) (SecondReading)(Staff: Tony Dawood, Utilities Director and Martin Crim, City Attorney)

2. Ordinances and Resolutions

2.1 Resolution #R-2018-13, Pierce Funeral Home Columbarium(Staff: Kelly Davis, AICP, Senior Planner)Agenda Statement - #R-2018-13Resolution #R-2018-13SUP #2017-04 Conditions

3. New Business

3.1 Agreements: Memorandums of Understanding and Supplemental Agreementswith Constitutional Officers(Staff: Darla J. Hicks, Human Resources Manager)Agenda Statement - MOU for Constitutional OfficersMemorandum of Understanding: D.S. WaldronSupplemental Agreement: D.S. WaldronMemorandum of Understanding: P. Richie-FolksSupplemental Agreement: P. Richie-Folks

4. Awards, Acknowledgments and Presentations - 7:15 p.m.

4.1 Presentation of Commendation: Honoring Radford University PanhellenicCouncil(Presented by: Mayor Harry J. Parrish II)

5. Citizens' Time - 7:30 p.m.

The citizens' portion of the agenda is set aside for those citizens who wish to address theCouncil for less than three minutes each. Citizens need not give prior notice to the City tospeak during the citizens' time portion of the agenda. Citizens may address the Council for

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136778/SKM_C364e18010310440.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136876/Agenda_Statement_-_Resolution__R-2018-13__Pierce.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136607/R-2018-13_-_Pierce_SUP__2017-04.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136608/Conditions_Dated_December_8__2017.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136879/Agenda_Statement_-_MOU_for_Constitutional_Officers_-_2018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136826/Memorandum_of_Understanding_D.A._Waldron.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136827/Supplemental_Agreement_D.A._Waldron.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136829/Memorandum_of_Understanding_P._Richie-Folks.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136830/Supplemental_Agreement_P._Richie-Folks.pdf


longer than three minutes if they ask the City Manager for a place on the agenda at leastfour working days before the meeting.

6. Public Hearings - 7:30 p.m.

6.1 SUP #2018-03, Youlen Enterprises, Inc. Home Business(Staff: Kelly Davis, AICP, Senior Planner)Agenda Statement - Public Hearing SUP #2018-03SUP 2018-03 Staff ReportAttachment 2. ConditionsAttachment 3. Comment LettersAttachment 4. Applicant Response LettersAttachment 5. Planning Commission Minutes and Resolution

Adjournment

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136887/Agenda_Statement_-_Public_Hearing_SUP__2018-03.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136882/SUP_2018-03_Staff_Report.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136621/Attachment_2._Conditions_SUP_2018-03.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136622/Attachment_3._Comment_Letters.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136623/Attachment_4._Applicant_Response_Letters.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/136624/Attachment_5._Planning_Commission_Minutes_and_Resolution.pdf

City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: January 8, 2017

Time Estimate: Consent Agenda

Agenda Title: City Council Minutes: December 11, 2017 (Legislative Meeting) and December 11, 2017

Recommendation: Approve

Motion: If approved as part of the Consent Agenda:I move that the Consent Agenda be approved and the readings of the ordinances dispensed.

If removed from the Consent Agenda:I move that the Minutes of December 11, 2017 (Legislative Meeting) and December 11, 2017.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

N/A

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: N/A

Staff Contact: Andrea P. Madden, Assistant to the City Manager / City [email protected](703) 257-8280

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December 11, 2017

A Special Meeting of the Council of the City of Manassas, Virginia was held at the Center for the Arts, 9419 Battle Street, on the above date with the following present: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, City Attorney Martin R. Crim, Assistant to the City Manager & City Clerk Andrea P. Madden, Chief of Police Douglas W. Keen, Fire and Rescue Chief Rob L. Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Transportation Planner Chloe Delhomme, Utilities Director Tony Dawood, Social Services Director Ronald King, Public Works Director Steve Burke, and Deputy City Clerk Rose V.B. Spring.

Absent was Council Member Ian T. Lovejoy.

Senator Jeremy McPike and Delegate-elect Lee Carter were present.

Members of the School Board and the Superintendent of Schools, Dr. Catherine Magouyrk, were also present.

Mayor Parrish called the meeting to order at 8:53 a.m.

The City Clerk reported that the news media had been notified of the special meeting in accordance with the Freedom of Information Act.

The City Clerk read the Notice of special meeting acknowledged by all Council Members stating that the special meeting was called for the following purposes:

1. As per the attached agenda dated December 11, 2017;2. Other pertinent business for the operation of the City.

1) Presentation of Manassas City School Board 2018 Legislative Priorities

Scott M. Albrecht, Vice Chairman of the Manassas City School Board, presented the School Board’s 2018 Legislative Priorities.

2) Presentation of Manassas City Council 2018 Legislative Priorities

W. Patrick Pate, City Manager, presented the Manassas City Council’s 2018 Legislative Priorities. Department Directors from Utilities, Social Services, Public Safety, Transportation, and Public Works discussed roles and relationships with State agencies and officials and noted current issues.

Senator McPike and Delegate-elect Carter both discussed their thoughts on upcoming legislation and the potential impacts of decisions made at the state level.

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December 11, 2017

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

Mayor Parrish declared the meeting adjourned at 9:45 a.m.

MAYOR CITY CLERK

DATE APPROVED

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December 11, 2017

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A Regular Meeting and Public Hearings of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Police Chief Doug Keen, Fire and Rescue Chief Rob Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Senior Planner Kelly Davis, Utilities Director Tony Dawood, Public Works Director Steve Burke, City Engineer Michelle Brickner, Senior Engineer Corinna Sigsbury, Deputy City Clerk Rose V.B. Spring, Acting Finance and Administration Director Diane V. Bergeron, Budget Analyst Amanda Hamm, and General Registrar Susan Reed.

Mayor Parrish called the meeting to order at 5:30 p.m., delivered the invocation, and led those present in the Pledge of Allegiance.


Presentation: Report on 2017 General Election

John Snider, Chairman of the Electoral Board, reported on the successful 2017 General Election and discussed possible improvements to be implemented in future elections.

Swearing-In of Constitutional Officers and Deputies by the Clerk of Circuit Court, Jacqueline C. Smith, Esquire

The Honorable Jacqueline C. Smith, Clerk of the Circuit Court, administered the Oath of Office to Teresa M. Martin, Chief Deputy Commissioner of the Revenue, Douglas S. Waldron, Commissioner of the Revenue, and Patricia Richie-Folks, Treasurer.

Presentation of 2017 Greater Manassas Christmas Parade Awards

Mayor Parrish, Mark Olsen, and Santa Claus presented the 2017 Christmas Parade Awards to organizations and members of the community.


Mr. Crim reported on the likely sale of property located at 9510 Liberty Street and discussed the outstanding zoning code violations at 9512 and 9514 Liberty Street.

Mr. Crim stated that he requested a closed meeting later in the evening to provide an update to City Council on the Sims v. Labowitz case.

Mr. Crim updated the City Council on pending litigation involving the Prince William Street project and property acquisition.

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December 11, 2017

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City Manager Report

Mr. Pate announced that the City welcomed Puzzle Palooza to Historic Downtown last week and encouraged everyone to visit the store for fun and unique gifts this holiday season.

Mr. Pate noted that the City’s logo was recently painted on the water tank located on Quarry Road and thanked the Utilities Department and its crews for getting the work done so quickly.

Mr. Pate stated that the VRE’s annual Santa Train Ride was a success and thanked the Police Department and Public Works for ensuring a safe environment for the participants, motorists, and pedestrians in Historic Downtown.

Mr. Pate encouraged citizens to visit the Winter Wonderland Train Show at the Center for the Arts on Battle Street; the show will open on Wednesday, December 13th and run through the weekend.

Mr. Pate shared that the City of Manassas was recently named one of the safest cities in the United States and was recognized as the third safest City in the Commonwealth of Virginia. Mr. Pate congratulated all those who work hard to keep citizens and visitors safe.

Mr. Pate thanked those Council Members and City staff that attended the Legislative Breakfast meeting and commented on the importance and need for ongoing communication amongst legislators and local officials.

Mr. Pate urged all residents to celebrate safely this holiday season and wished everyone a Merry Christmas.


Police Chief Douglas Keen thanked City staff for their outstanding efforts to ensure safety for all those participating in the Santa Train Rides and commented on the success of the “Shop with a Cop” community event.

Council Time

Council Member Wolfe announced that performances of The Nutcracker will begin at the Hylton Performing Arts Center on December 14th and run through December 23rd.

Council Member Lovejoy wished everyone a Merry Christmas.

Council Member Bass thanked City staff for their efforts during the 12 Days of Givingcampaign and for organizing the Legislative Breakfast earlier in the day. Council Member Bass wished everyone a Merry Christmas, Happy Hanukkah, and a Happy New Year.

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December 11, 2017

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Council Member Elston reported on activities and conversations being had at the COG Human Services Policy Committee meetings. Council Member Elston stated that he would be out of the country teaching in January and noted that he would miss the first Council meeting of the year. Council Member Elston congratulated the parade award winners and commented on the great job done by staff to clean-up after such a large event. Council Member Elston recognized the hard work and dedication of citizens who volunteer to serve on various Boards, Committees, and Commissions, including the Advisory Board to Social Services, and particularly at this time of year.

Council Member Sebesky welcomed everyone to the meeting and commented on thewonderful tree lighting on Friday, December 1st. Council Member Sebesky encouraged citizens to walk the museum lawn and view the other trees that have been decorated by members of the community. Council Member Sebesky noted that there are many ways to give during the holiday season and reminded everyone to enjoy time spent with loved ones.

Mayor Time

Mayor Parrish wished everyone Happy Holidays and a Merry Christmas.

1) Consent Agenda

1.1 City Council Minutes: November 20, 2017 (Work Session), November 20, 2017 (Town Hall Meeting), November 27, 2017, and November 30, 2017

1.2 Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht

1.3 Commendation: Honoring Manassas City School Board Member Sanford S. Williams

1.4 Performance Bond and Erosion Control Bond Release: Prince William Commerce Center Public Improvement Plan, SP#14-00000017/SP#15-00000022/SP#16-00000024

1.5 Resolution #R-2018-10: Application for Federal FY 2024 Congestion Mitigation and Air Quality Improvement / Regional Surface Transportation Program (CMAQ / RSTP)

1.6 Resolution #R-2018-16: Applications to Northern Virginia Transportation Authority (NVTA)

1.7 Ordinance #O-2018-02: 2017 Zoning Ordinance Annual Updates (Second Reading)

COUNCIL MEMBER BASS MOVED that Consent Agenda Items 1.1 through 1.7 be approved as presented and the reading of the ordinances dispensed. Seconded by Council Member Sebesky. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

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December 11, 2017

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2) Ordinances and Resolutions

2.1 Resolution #R-2018-15: Sudley Road Third Lane Scope Change

Michelle Brickner, City Engineer, explained that the Sudley Road Third Lane project is a Capital Improvement Project (T-015) to add a third lane and sidewalk along northbound Sudley Road between Dorsey Circle and Godwin Drive. The proposed scope of the project included undergrounding NOVEC utility lines. Ms. Brickner stated that City staff reassessed the scope and determined that the third lane can be added without undergrounding the NOVEC lines andis proposing that the cost savings achieved by not undergrounding the utility be used to extend the limits of the third lane and sidewalk from Godwin Drive to Grant Avenue. Ms. Brickner further explained that because the project has received SmartScale funding, VDOT has determined that the change in scope must be approved by the Virginia Commonwealth Transportation Board (CTB). Therefore, VDOT has requested City of Manassas Council endorsement of the change of scope before presenting the modification to the CTB for approval. If the CTB does not approve the revised scope, staff will move forward with the project as currently described in the City’s Capital Improvement Plan.

Council Members Wolfe, Elston, and Sebesky expressed their concern regarding the original placement of Resolution #R-2018-15 on the Consent Agenda and suggested the City Council take additional time to consider changes made to the project. Council Members Wolfe, Elston, and Sebesky stated that they are in favor of improving traffic flow and easing congestion, but also felt a responsibility to consider all possible impacts associated with the scope change.

VICE MAYOR AVENI MOVED that Resolution #R-2018-15 regarding the Sudley Road Third Lane Scope Change be approved. Seconded by Council Member Lovejoy. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, and Wolfe. NAYS – Sebesky. MOTION CARRIED.

3) New Business

3.1 Presentation: FY 2017 Comprehensive Annual Financial Report (CAFR)

Diane V. Bergeron, Acting Finance and Administration Director, provided to the City Council the department’s annual report and highlighted achievements of the previous year.

Following her report, Ms. Bergeron introduced Matthew S. Heatwole, CPA Senior Manager, with Brown Edwards & Co., LLP. Mr. Heatwole reviewed the CAFR and the auditor’s findings with the City Council, noting there were no significant issues.

4) Bid Opening

4.1 Uncodified Ordinance #O-2018-04: Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) (FirstReading) 11

December 11, 2017

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Mayor Parrish announced that the next item on the agenda was the public hearing and receipt of bids for the first reading of Uncodified Ordinance #O-2018-04 granting two easements to Virginia Electric and Power Co. The City has duly advertised the franchise, as required by law for all franchises with the duration of more than five years.

Mayor Parrish opened the public hearing and invited anyone wishing to comment on the granting of easements to Dominion Virginia Power to come forward.

There were no speakers in favor of or in opposition to the granting of easements to Dominion Virginia Power.

VICE MAYOR AVENI MOVED that the public hearing pertaining to Uncodified Ordinance #O-2018-04 be closed. Seconded by Council Member Sebesky and CARRIED UNANIMOUSLY.

With the public hearing closed, Mayor Parrish stated that the City has received one sealed bid from Dominion Virginia Power. Before opening the bid, Mayor Parrish asked that anyone wishing to submit a bid for the franchise bring it forward.

There were no additional bids submitted.

Mayor Parrish opened the one bid that was received, marked it for identification as required by law with “Received 12/11/17, Ord. O-2018-04,” and provided it to Martin Crim, the City Attorney. Mr. Crim stated that the bid was as expected and advised the City Council that a motion to approve Uncodified Ordinance #O-2018-04 on first reading was appropriate.

VICE MAYOR AVENI MOVED that Uncodified Ordinance #O-2018-04 Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP)be approved on first reading. Seconded by Council Member Bass. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

5) Awards, Acknowledgments, and Presentations

5.1 Presentation of Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht

Mayor Parrish read and presented a Commendation honoring Vice Chairman of Manassas City School Board Scott M. Albrecht on being named the President of the Virginia School Board Association (VSBA).

5.2 Presentation of Commendation: Honoring Manassas City School Board Member Sanford S. Williams

Council Member Pamela Sebesky read and presented a Commendation honoring Manassas City School Board Member Sanford S. Williams for being given the Advocate for Education Award by the Virginia School Board Association (VSBA). 12

December 11, 2017

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6) Citizens’ Time

Allen Muchnick, a resident of the City of Manassas, voiced his concerns about public improvement projects, including the Sudley Road Northbound widening, and stated that a design hearing should be held to hear citizen comments. In addition, Mr. Muchnick voiced his concerns on the Grant Avenue Project, stating there was no citizen involvement on that project and other alternatives should have been discussed.

7) Public Hearings

Mayor Parrish read an affidavit of publication that was before him signed by an authorized agent of the Prince William Times newspaper certifying that the public hearingslisted on the evening’s agenda were published in conformance with Virginia law and City ordinances.

7.1 SUP #2017-04 & REZ#2017-02: Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road

Kelly Davis, Senior Planner, reviewed the application submitted by Pierce Funeral Home to concurrently obtain a special use permit and a rezoning to construct a columbarium in conjunction with the existing funeral home and crematory. Ms. Davis noted that staff and the Planning Commission recommend approval of the rezoning and the eventual special use permit, as conditioned.

Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mr. du Von commented on the role that the State Cemetery Board plays in regulating for-profit cemeteries that offer perpetual care services or pre-need burial contracts, and that are required to maintain trust fund accounts.

Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the Pierce Funeral Home rezoning and special use permit to come forward and address the City Council.

There were no speakers in favor of or in opposition to either request.

Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the rezoning is listed on the agenda as Item 8.1.

VICE MAYOR AVENI MOVED that the public hearing be closed. Seconded by Council Member Bass and CARRIED UNANIMOUSLY.

The public hearing was closed at 8:11 p.m.

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December 11, 2017

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7.2 SUP #2018-01: Kena Holding Corp. Place of Assembly, 9500 Technology Drive

Ms. Davis reviewed the application submitted by Kena Holding Corporation for a special use permit for a Place of Assembly (50+ persons) at 9500 Technology Drive within the existing office building. The building will be used as a gathering place for the Shriners, a fraternal organization that is relocating from Fairfax County. Daily operations will be handled by a small staff of two to three people and the property will primarily be used for monthly meetings, as well as small subgroup and club meetings that take place on a weekly basis. The applicant is proposing to construct a small canopy along with interior renovations; the existing warehouse space will be retained as a storage space for the Shriners’ parade cars and other equipment. Ms. Davis noted that staff and the Planning Commission recommend approval of the special use permit, as conditioned.

Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council.

Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the special use permit to come forward and address the City Council.

There were no speakers in favor of or in opposition to the request for a special use permit.

Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the special use permit is listed on the agenda as Item 8.2.



8) Action Following Public Hearings

8.1 Ordinance #O-2018-03: Rezoning #2017-02: Pierce Funeral Home, 9406 Stonewall Road

Ms. Davis offered to answer any outstanding questions regarding the request for rezoning and the special use permit from Pierce Funeral Home; there were no additional questions or comments. Ms. Davis noted that the resolution approving the special use permit will appear on the January 8, 2018 Council agenda.

VICE MAYOR AVENI MOVED that Ordinance #O-2018-03: Rezoning #2017-02: Pierce Funeral Home, 9406 Stonewall Road be approved on first reading. Seconded by Council Member Lovejoy. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

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December 11, 2017

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8.2 Resolution #R-2018-14: Special Use Permit #2018-01: Kena Holding Corporation, 9500 Technology Drive

Ms. Davis offered to answer any outstanding questions regarding the request for a special use permit by Kena Holding Corporation; there were no additional questions or comments.

VICE MAYOR AVENI MOVED that Resolution #R-2018-14: Special Use Permit #2018-01: Kena Holding Corporation, 9500 Technology Drive be approved. Seconded by Council Member Sebesky. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

9) Authorization of a Closed Meeting

9.1 Authorization of a Closed Meeting

VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code § 2.2-3711 A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the City Attorney.

Mayor Parrish announced that the Mayor and City Council and the City Manager would be included in the closed meeting discussion regarding the Constitutional Officers.

Mayor Parrish announced that the Mayor and City Council, the City Manager, the City Attorney, the Chief of Police, and the Deputy City Manager would be included in the closed meeting discussion regarding the Sims v. Labowitz case.

Mayor Parrish announced that the Mayor and City Council, the City Manager, the Community Development Director, and the Deputy City Manager would be included in the closed meeting discussion regarding a public contract involving the Shared Services Agreement with Prince William County.

The City Council retired to the closed meeting at 7:25 p.m. 15

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After the public hearings were closed and consequent action taken on those items, the following closed meeting authorization motion was made:






The City Council retired to the closed meeting at 8:25 p.m.

10) Certify the Closed Meeting

10.1 Certification of a Closed Meeting

VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

The City Council returned from the closed meeting at 7:50 p.m. 16

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Following the second closed meeting, the certification motion below was made:


The City Council returned from the closed meeting at 10:17 p.m.

11) Action Following the Closed Meeting

11.1 Consideration of Employment and Salaries for Appointed and Constitutional Officers of the City of Manassas

COUNCIL MEMBER ELSTON MOVED that the City Manager be given the authorization to hire S. Craig Brown to fill the position of City Attorney at a salary of $175,000; that the salary of the Commissioner of the Revenue be increased by 3% to $120,724.24 and that the salary of the Treasurer be increased by 10% to $94,036.80, effective December 31, 2017. Seconded by Council Member Wolfe. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.


Mayor Parrish declared the meeting adjourned at 10:18 p.m.

MAYOR CITY CLERK

DATE APPROVED

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December 11, 2017

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A Regular Meeting and Public Hearings of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Police Chief Doug Keen, Fire and Rescue Chief Rob Clemons, Community Development Director Elizabeth S. Via-Gossman, Planning and Zoning Manager Matthew D. Arcieri, Senior Planner Kelly Davis, Utilities Director Tony Dawood, Public Works Director Steve Burke, City Engineer Michelle Brickner, Senior Engineer Corinna Sigsbury, Deputy City Clerk Rose V.B. Spring, Acting Finance and Administration Director Diane V. Bergeron, Budget Analyst Amanda Hamm, and General Registrar Susan Reed.

Mayor Parrish called the meeting to order at 5:30 p.m., delivered the invocation, and led those present in the Pledge of Allegiance.


Presentation: Report on 2017 General Election

John Snider, Chairman of the Electoral Board, reported on the successful 2017 General Election and discussed possible improvements to be implemented in future elections.

Swearing-In of Constitutional Officers and Deputies by the Clerk of Circuit Court, Jacqueline C. Smith, Esquire

The Honorable Jacqueline C. Smith, Clerk of the Circuit Court, administered the Oath of Office to Teresa M. Martin, Chief Deputy Commissioner of the Revenue, Douglas S. Waldron, Commissioner of the Revenue, and Patricia Richie-Folks, Treasurer.

Presentation of 2017 Greater Manassas Christmas Parade Awards

Mayor Parrish, Mark Olsen, and Santa Claus presented the 2017 Christmas Parade Awards to organizations and members of the community.


Mr. Crim reported on the likely sale of property located at 9510 Liberty Street and discussed the outstanding zoning code violations at 9512 and 9514 Liberty Street.

Mr. Crim stated that he requested a closed meeting later in the evening to provide an update to City Council on the Sims v. Labowitz case.

Mr. Crim updated the City Council on pending litigation involving the Prince William Street project and property acquisition.

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City Manager Report

Mr. Pate announced that the City welcomed Puzzle Palooza to Historic Downtown last week and encouraged everyone to visit the store for fun and unique gifts this holiday season.

Mr. Pate noted that the City’s logo was recently painted on the water tank located on Quarry Road and thanked the Utilities Department and its crews for getting the work done so quickly.

Mr. Pate stated that the VRE’s annual Santa Train Ride was a success and thanked the Police Department and Public Works for ensuring a safe environment for the participants, motorists, and pedestrians in Historic Downtown.

Mr. Pate encouraged citizens to visit the Winter Wonderland Train Show at the Center for the Arts on Battle Street; the show will open on Wednesday, December 13th and run through the weekend.

Mr. Pate shared that the City of Manassas was recently named one of the safest cities in the United States and was recognized as the third safest City in the Commonwealth of Virginia. Mr. Pate congratulated all those who work hard to keep citizens and visitors safe.

Mr. Pate thanked those Council Members and City staff that attended the Legislative Breakfast meeting and commented on the importance and need for ongoing communication amongst legislators and local officials.

Mr. Pate urged all residents to celebrate safely this holiday season and wished everyone a Merry Christmas.


Police Chief Douglas Keen thanked City staff for their outstanding efforts to ensure safety for all those participating in the Santa Train Rides and commented on the success of the “Shop with a Cop” community event.

Council Time

Council Member Wolfe announced that performances of The Nutcracker will begin at the Hylton Performing Arts Center on December 14th and run through December 23rd.

Council Member Lovejoy wished everyone a Merry Christmas.

Council Member Bass thanked City staff for their efforts during the 12 Days of Givingcampaign and for organizing the Legislative Breakfast earlier in the day. Council Member Bass wished everyone a Merry Christmas, Happy Hanukkah, and a Happy New Year.

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Council Member Elston reported on activities and conversations being had at the COG Human Services Policy Committee meetings. Council Member Elston stated that he would be out of the country teaching in January and noted that he would miss the first Council meeting of the year. Council Member Elston congratulated the parade award winners and commented on the great job done by staff to clean-up after such a large event. Council Member Elston recognized the hard work and dedication of citizens who volunteer to serve on various Boards, Committees, and Commissions, including the Advisory Board to Social Services, and particularly at this time of year.

Council Member Sebesky welcomed everyone to the meeting and commented on thewonderful tree lighting on Friday, December 1st. Council Member Sebesky encouraged citizens to walk the museum lawn and view the other trees that have been decorated by members of the community. Council Member Sebesky noted that there are many ways to give during the holiday season and reminded everyone to enjoy time spent with loved ones.

Mayor Time

Mayor Parrish wished everyone Happy Holidays and a Merry Christmas.

1) Consent Agenda

1.1 City Council Minutes: November 20, 2017 (Work Session), November 20, 2017 (Town Hall Meeting), November 27, 2017, and November 30, 2017

1.2 Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht

1.3 Commendation: Honoring Manassas City School Board Member Sanford S. Williams

1.4 Performance Bond and Erosion Control Bond Release: Prince William Commerce Center Public Improvement Plan, SP#14-00000017/SP#15-00000022/SP#16-00000024

1.5 Resolution #R-2018-10: Application for Federal FY 2024 Congestion Mitigation and Air Quality Improvement / Regional Surface Transportation Program (CMAQ / RSTP)

1.6 Resolution #R-2018-16: Applications to Northern Virginia Transportation Authority (NVTA)

1.7 Ordinance #O-2018-02: 2017 Zoning Ordinance Annual Updates (Second Reading)

COUNCIL MEMBER BASS MOVED that Consent Agenda Items 1.1 through 1.7 be approved as presented and the reading of the ordinances dispensed. Seconded by Council Member Sebesky. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

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2) Ordinances and Resolutions

2.1 Resolution #R-2018-15: Sudley Road Third Lane Scope Change

Michelle Brickner, City Engineer, explained that the Sudley Road Third Lane project is a Capital Improvement Project (T-015) to add a third lane and sidewalk along northbound Sudley Road between Dorsey Circle and Godwin Drive. The proposed scope of the project included undergrounding NOVEC utility lines. Ms. Brickner stated that City staff reassessed the scope and determined that the third lane can be added without undergrounding the NOVEC lines andis proposing that the cost savings achieved by not undergrounding the utility be used to extend the limits of the third lane and sidewalk from Godwin Drive to Grant Avenue. Ms. Brickner further explained that because the project has received SmartScale funding, VDOT has determined that the change in scope must be approved by the Virginia Commonwealth Transportation Board (CTB). Therefore, VDOT has requested City of Manassas Council endorsement of the change of scope before presenting the modification to the CTB for approval. If the CTB does not approve the revised scope, staff will move forward with the project as currently described in the City’s Capital Improvement Plan.

Council Members Wolfe, Elston, and Sebesky expressed their concern regarding the original placement of Resolution #R-2018-15 on the Consent Agenda and suggested the City Council take additional time to consider changes made to the project. It was noted that the change in scope being proposed was not reviewed by the Planning Commission, the Land Use Committee, or the full Council prior to being placed on the agenda. Council Members Wolfe, Elston, and Sebesky stated that they are in favor of improving traffic flow and easing congestion, but also felt a responsibility to consider all possible impacts associated with the change in scope. Council Member Wolfe commented that if costs exceed the $7.4 million budget, the City may be financially responsible for the overage.

Discussion regarding the need for easements, temporary and permanent right-of way acquisition, and the undergrounding of utility lines occurred; staff clarified that the utility lines originally included in the project are located in Prince William County and noted that Sudley Road is the demarcation line between City and County property. Council Member Elston commented that he is in favor or increasing capacity on Sudley Road, but is not in favor of large changes being rushed through and not taking aesthetic changes seriously. Council Member Sebesky emphasized the importance of following established processes and procedures when seeking approval for projects and stated she is uncomfortable voting on Resolution #R-2018-15 because the project was not considered in detail and, in her opinion, the appropriate process was not followed.

Questions regarding the consequences associated with delaying the vote on Resolution #R-2018-15 were posed to staff. Ms. Brickner stated that the project would likely be placed on the Commonwealth Transportation Board’s February agenda and to her knowledge, the City is not in danger of losing funding.

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VICE MAYOR AVENI MOVED that Resolution #R-2018-15 regarding the Sudley Road Third Lane Scope Change be approved. Seconded by Council Member Lovejoy. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, and Wolfe. NAYS – Sebesky. MOTION CARRIED.

3) New Business

3.1 Presentation: FY 2017 Comprehensive Annual Financial Report (CAFR)

Diane V. Bergeron, Acting Finance and Administration Director, provided to the City Council the department’s annual report and highlighted achievements of the previous year.

Following her report, Ms. Bergeron introduced Matthew S. Heatwole, CPA Senior Manager, with Brown Edwards & Co., LLP. Mr. Heatwole reviewed the CAFR and the auditor’s findings with the City Council, noting there were no significant issues.

4) Bid Opening

4.1 Uncodified Ordinance #O-2018-04: Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP) (FirstReading)

Mayor Parrish announced that the next item on the agenda was the public hearing andreceipt of bids for the first reading of Uncodified Ordinance #O-2018-04 granting two easements to Virginia Electric and Power Co. The City has duly advertised the franchise, as required by law for all franchises with the duration of more than five years.

Mayor Parrish opened the public hearing and invited anyone wishing to comment on the granting of easements to Dominion Virginia Power to come forward.

There were no speakers in favor of or in opposition to the granting of easements to Dominion Virginia Power.

VICE MAYOR AVENI MOVED that the public hearing pertaining to Uncodified Ordinance #O-2018-04 be closed. Seconded by Council Member Sebesky and CARRIED UNANIMOUSLY.

With the public hearing closed, Mayor Parrish stated that the City has received one sealed bid from Dominion Virginia Power. Before opening the bid, Mayor Parrish asked that anyone wishing to submit a bid for the franchise bring it forward.

There were no additional bids submitted.

Mayor Parrish opened the one bid that was received, marked it for identification as required by law with “Received 12/11/17, Ord. O-2018-04,” and provided it to Martin Crim, the City Attorney. Mr. Crim stated that the bid was as expected and advised the City Council that a motion to approve Uncodified Ordinance #O-2018-04 on first reading was appropriate.

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VICE MAYOR AVENI MOVED that Uncodified Ordinance #O-2018-04 Granting Two Easements to Virginia Electric and Power Co., Doing Business as Dominion Virginia Power (DVP)be approved on first reading. Seconded by Council Member Bass. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

5) Awards, Acknowledgments, and Presentations

5.1 Presentation of Commendation: Honoring Vice Chairman of Manassas City School Board Scott M. Albrecht

Mayor Parrish read and presented a Commendation honoring Vice Chairman of Manassas City School Board Scott M. Albrecht on being named the President of the Virginia School Board Association (VSBA).

5.2 Presentation of Commendation: Honoring Manassas City School Board Member Sanford S. Williams

Council Member Pamela Sebesky read and presented a Commendation honoring Manassas City School Board Member Sanford S. Williams for being given the Advocate for Education Award by the Virginia School Board Association (VSBA).

6) Citizens’ Time

Allen Muchnick, a resident of the City of Manassas, voiced his concerns about public improvement projects, including the Sudley Road Northbound widening, and stated that a design hearing should be held to hear citizen comments. In addition, Mr. Muchnick voiced his concerns on the Grant Avenue Project, stating there was no citizen involvement on that project and other alternatives should have been discussed.

7) Public Hearings

Mayor Parrish read an affidavit of publication that was before him signed by an authorized agent of the Prince William Times newspaper certifying that the public hearingslisted on the evening’s agenda were published in conformance with Virginia law and City ordinances.

7.1 SUP #2017-04 & REZ#2017-02: Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road

Kelly Davis, Senior Planner, reviewed the application submitted by Pierce Funeral Home to concurrently obtain a special use permit and a rezoning to construct a columbarium in conjunction with the existing funeral home and crematory. Ms. Davis noted that staff and the Planning Commission recommend approval of the rezoning and the eventual special use permit, as conditioned.

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Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council. Mr. du Von commented on the role that the State Cemetery Board plays in regulating for-profit cemeteries that offer perpetual care services or pre-need burial contracts, and that are required to maintain trust fund accounts.

Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the Pierce Funeral Home rezoning and special use permit to come forward and address the City Council.

There were no speakers in favor of or in opposition to either request.

Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the rezoning is listed on the agenda as Item 8.1.



7.2 SUP #2018-01: Kena Holding Corp. Place of Assembly, 9500 Technology Drive

Ms. Davis reviewed the application submitted by Kena Holding Corporation for a special use permit for a Place of Assembly (50+ persons) at 9500 Technology Drive within the existing office building. The building will be used as a gathering place for the Shriners, a fraternal organization that is relocating from Fairfax County. Daily operations will be handled by a small staff of two to three people and the property will primarily be used for monthly meetings, as well as small subgroup and club meetings that take place on a weekly basis. The applicant is proposing to construct a small canopy along with interior renovations; the existing warehouse space will be retained as a storage space for the Shriners’ parade cars and other equipment. Ms. Davis noted that staff and the Planning Commission recommend approval of the special use permit, as conditioned.

Jay du Von, representing the applicant, reviewed the proposal and answered questions of the City Council.

Mayor Parrish opened the public hearing and invited anyone wishing to speak in favor of or in opposition to the special use permit to come forward and address the City Council.

There were no speakers in favor of or in opposition to the request for a special use permit.

Ms. Davis recommended that the City Council close the public hearing and noted that consideration of the special use permit is listed on the agenda as Item 8.2.

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8) Action Following Public Hearings

8.1 Ordinance #O-2018-03: Rezoning #2017-02: Pierce Funeral Home, 9406 Stonewall Road

Ms. Davis offered to answer any outstanding questions regarding the request for rezoning and the special use permit from Pierce Funeral Home; there were no additional questions or comments. Ms. Davis noted that the resolution approving the special use permit will appear on the January 8, 2018 Council agenda.

VICE MAYOR AVENI MOVED that Ordinance #O-2018-03: Rezoning #2017-02: Pierce Funeral Home, 9406 Stonewall Road be approved on first reading. Seconded by Council Member Lovejoy. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

8.2 Resolution #R-2018-14: Special Use Permit #2018-01: Kena Holding Corporation, 9500 Technology Drive

Ms. Davis offered to answer any outstanding questions regarding the request for a special use permit by Kena Holding Corporation; there were no additional questions or comments.

VICE MAYOR AVENI MOVED that Resolution #R-2018-14: Special Use Permit #2018-01: Kena Holding Corporation, 9500 Technology Drive be approved. Seconded by Council Member Sebesky. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.

9) Authorization of a Closed Meeting

9.1 Authorization of a Closed Meeting

VICE MAYOR AVENI MOVED that Council convene in a closed meeting to discuss the following, as permitted by Virginia Code § 2.2-3711 A (1), A (3), A (7), and A (29): a personnel matter involving consideration or interviews of candidates for employment or appointment as the City Attorney, personnel matters involving the performance and salaries of Constitutional Officers, the acquisition of real property for a public purpose, consultation with legal counsel pertaining to a pending case, specifically Sims v. Labowitz in the Federal Court of Appeals for the 4th Circuit, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the City, and for discussion of a public contract involving the Shared Services Agreement with Prince William County, because discussion in an open meeting 25

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would adversely affect the bargaining position or negotiating strategy of the public body. Seconded by Council Member Bass. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED.


Mayor Parrish announced that the Mayor and City Council and the City Manager wouldbe included in the closed meeting discussion regarding the Constitutional Officers.




After the public hearings were closed and consequent action taken on those items, the following closed meeting authorization motion was made:




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10) Certify the Closed Meeting

10.1 Certification of a Closed Meeting


The City Council returned from the closed meeting at 7:50 p.m.Following the second closed meeting, the certification motion below was made:


The City Council returned from the closed meeting at 10:17 p.m.

11) Action Following the Closed Meeting

11.1 Consideration of Employment and Salaries for Appointed and Constitutional Officers of the City of Manassas

COUNCIL MEMBER ELSTON MOVED that the City Manager be given the authorization to hire S. Craig Brown to fill the position of City Attorney at a salary of $175,000; that the salary of the Commissioner of the Revenue be increased by 3% to $120,724.24 and that the salary of the Treasurer be increased by 10% to $94,036.80, effective December 31, 2017. Seconded by Council Member Wolfe. Roll call vote: AYES – Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. 27

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Mayor Parrish declared the meeting adjourned at 10:18 p.m.

MAYOR CITY CLERK

DATE APPROVED

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Agenda Title: Commendation: Honoring Radford University Panhellenic Council



If removed from the Consent Agenda:I move that the Commendation honoring the Radford University Panhellenic Council be approved.


N/A


N/A


N/A

Fiscal Impact: N/A

Staff Contact: Ronald King, Social Services [email protected](703) 361-8277 ext. 2329

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COMMENDATION

WHEREAS, The Panhellenic Council is a values-based organization made up of seven sororities; and

WHEREAS, The Panhellenic Sororities live their mission of providing thousands of dollars in philanthropic support to dozens of worthy causes and pursuing thousands of additional hours in community services; and

WHEREAS, The Panhellenic Council supports programs that help to provide services to foster children and other youth who are in need; and

WHEREAS, The Panhellenic Council has allotted $7,000.00 for the City of Manassas Department of Social Services for the well-being of Foster children and other youth; and

WHEREAS, The Panhellenic Council currently has given $3,254.00 to the City of Manassas Department of Social Services and its Team Quest program; and

WHEREAS, The Panhellenic Council recognized that individuals, no matter their circumstances, have hopes and dreams for themselves and their communities, and that the Sororities remain true to their core principles in providing support for communities to reach their goals to enhance the lives of families in their communities.

NOW, THEREFORE, I Harry J. Parrish II, Mayor of the City of Manassas, Virginia and on behalf of the Manassas City Council, hereby thank and commend the

Radford University Panhellenic Councilfor its care, compassion, and generous financial contribution to the City’s Social Services programs and the citizens of Manassas.

Harry J. Parrish II, Mayor On behalf of the City Council of Manassas, Virginia

ATTEST:

Andrea P. Madden, City Clerk

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Time Estimate: Consent

Agenda Title: Virginia Department of Health Contract



If removed from the Consent Agenda:I move that the Virginia Department of Health Contract be approved.


January 23, 2017


The City contracts annually with the Virginia Department of Health to provide services to the citizens of the City of Manassas. The Prince William County Health Department has sent the contract for FY 2018.


N/A

Fiscal Impact: FY 2017 Budget is $195,000Contract amount is $187,269

Staff Contact: W. Patrick Pate, City [email protected](703) 257-8212

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Agenda Title: Resolution #R-2018-12: Honoring Carl V. Crawford for his Thirty Years of Service to the City of Manassas

Recommendation: Approve Resolution #R-2018-12


If removed from the Consent Agenda:I move that Resolution #R-2018-12 be approved.

Date Last Consideredby City Council:Summary and/orComments:

Captain Carl V. Crawford is retiring from the City of Manassas after serving the City for 30 Years.


N/A

Fiscal Impact: N/A

Staff Contact: Doug Keen, Chief of [email protected](703) 257-8001

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MOTION: January 8, 2018Regular Meeting

SECOND: Resolution # - R-2018-12

RE: Honoring Carl V. Crawford for his Thirty Years of Service to the City of Manassas

WHEREAS, Captain Crawford began his career with the City of Manassas Police Department as an officer in 1987, rising through the ranks to become of great service to the community; and

WHEREAS, Captain Crawford was promoted from Officer to Sergeant in 1999, to Lieutenant in 2002, and has served as a Captain for the City of Manassas Police Department since July 5, 2010; and

WHEREAS, in 2006, Captain Crawford graduated from the FBI National Academy Session #224 and over the years has accumulated thirty (30) years of experience in all facets and levels of police work; and

WHEREAS, Captain Crawford was awarded the Medal of Merit in 2010, has earned numerous commendations for his actions, was selected as “Officer of the Month” numerous times, and has received many letters of noteworthy performance; and

WHEREAS, during his time with the Manassas City Police Department, Captain Crawford has served as the Commander of all three divisions, Administrative, Investigative, and Patrol, within the department; and

WHEREAS, Captain Crawford has been a Field Training Officer, Narcotics Detective, Community Police Supervisor, a member of the Bike Unit, and held many certifications such as Evidence Technician and Crisis Negotiator; and

WHEREAS, Captain Crawford has created a departmental culture that instills education, training, community service, and excellence in all aspects of the law enforcement mission; and

WHEREAS, Captain Crawford has helped make the City of Manassas a safer and more enjoyable place to live while demonstrating an unwavering commitment to the Police Department’s reputation, professional standing, and to the citizens of the City of Manassas.

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January 8, 2017Regular MeetingRes. No. R-2018-012Page Two

NOW, THEREFORE, BE IT RESOLVED that I, Harry J. Parrish II, Mayor of the City of Manassas and on behalf of the Manassas City Council, hereby publicly commend, recognize, and thank

Captain Carl V. Crawfordfor his exceptional dedication and professionalism with which he has executed his duties during his thirty years of service to the City of Manassas and its citizens as a member of the Police Department. Further, the Manassas City Council wishes Captain Crawford good health, happiness and fulfillment that he so richly has earned in his upcoming retirement.

___________________________________Harry J. Parrish II MayorOn behalf of the City Council Of Manassas, Virginia

ATTEST:

__________________________________Andrea Madden City Clerk

Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:

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Agenda Title: Resolution #R-2018-17: Appointments from the Greater Manassas Fire and Rescue Committee





January 23, 2017


In accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-27, “the Rescue Squad shall nominate two members for service on the Fire and Rescue Committee for appointment by the City Council.”


N/A

Fiscal Impact: N/A

Staff Contact: Rob Clemons, Fire and Rescue [email protected](703) 257-8465

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SECOND: Res. No. R-2018-17

RE: RESOLUTION REGARDING NEW APPOINTMENTS TO THE FIRE AND RESCUE COMMITTEE AS A RESULT OF THE ANNUAL ELECTION OF OFFICERS OF THE GREATER MANASSAS VOLUNTEER RESCUE SQUAD (GMVRS) FOR THE YEAR BEGINNING JANUARY 1, 2018

WHEREAS, in accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article II, Section 60-27, “The Rescue Squad shall nominate two members for service on the Fire and Rescue Committee for appointment by the City Council;” and

WHEREAS, at the election noted above held on December 20, 2017, Pete Rockx was elected President of the Greater Manassas Volunteer Rescue Squad and Nancy Orndoffwas elected Chief of the Greater Manassas Volunteer Rescue Squad for the year beginning January 1, 2018; and

WHEREAS President Pete Rockx and Chief Nancy Orndoff have been nominatedby the Greater Manassas Volunteer Rescue Squad (GMVRS) to serve on the Fire and Rescue Committee.

NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby appoint President Pete Rockx and Chief Nancy Orndoff to serve on the Fire and Rescue Committee effective January 1, 2018.

_____________________________ Harry J. Parrish II MAYOR

On behalf of the City Council of Manassas, Virginia

ATTEST:

________________________________Andrea P. Madden City Clerk

Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:

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Agenda Title: Resolution #R-2018-18: Accepting the Results of the Annual Election of Officers of the Greater Manassas Volunteer Rescue Squad





January 23, 2017


In accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-24, “all officers of the Rescue Squad shall be annually elected by members of the company. Officers so elected shall be certified to the City Council immediately after election, and before they assume the responsibilities of their respective offices, together with a complete and correct roster of the company listing each member by name and giving that member’s level of certification(s).”


N/A

Fiscal Impact: N/A

Staff Contact: Rob Clemons, Fire and Rescue [email protected](703) 257-8465

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SECOND: Res. No. R-2018-18

RE: RESOLUTION ACCEPTING THE RESULTS OF THE ANNUAL ELECTION OF OFFICERS OF THE GREATER MANASSAS VOLUNTEER RESCUE SQUAD FOR THEYEAR BEGINNING JANUARY 1, 2018

WHEREAS, in accordance with the Code of Ordinances, City of Manassas, Virginia (2002), as Amended, Article III, Section 60-24, “all officers of the Rescue Squad shall be annually elected by members of the company. Officers so elected shall be certified to the City Council immediately after election, and before they assume the responsibilities of their respective offices, together with a completed and correct roster of the company listing each member by name and giving that member’s level of certification(s);”

WHEREAS, the elected noted above for officers of the Greater Manassas Volunteer Rescue Squad for the year beginning January 1, 2018 was held on December 20, 2017; and

WHEREAS, the officers elected by the Greater Manassas Volunteer Rescue Squad possess the certifications to serve, as required by the adopted Fire and Rescue System Uniform Rank Structure Policy.

NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby accept the results and certifications as presented.

________________________________ Harry J. Parrish II Mayor On behalf of the City Council Of Manassas, Virginia

ATTEST:

_____________________________Andrea P. Madden City Clerk

Votes:Ayes:Nays:Absent from Vote:Absent from Meeting:

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Time Estimate: 5 minutes

Agenda Title: Resolution #R-2018-13, Pierce Funeral Home Columbarium, 9609 Center Street, and 9406 and 9412 Stonewall Road

Recommendation: Approve Resolution #R-2018-13

Motion: I move that Resolution #R-2018-13 be approved.


Public Hearing - December 11, 2017


Consideration of a request for a special use permit to permit a columbarium in conjunction with the existing funeral home and crematory.


Planning Commission – November 1, 2017 (Recommended Approval 6/0)

Fiscal Impact: N/A

Staff Contact: Kelly E. Davis, AICP, Senior [email protected](703) 257-8225

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MOTION: _________________ January 8, 2018

Regular MeetingSECOND: _________________ Res. No. R-2018-13

RE: Special Use Permit #2017-04: Pierce Funeral Home, 9609 Center St., 9406 Stonewall Rd., 9412 Stonewall Rd.

WHEREAS, Pierce & Price LLC, has applied for a special use permit amendment, pursuant to §130-241 of the Manassas City Zoning Ordinance to allow a columbarium in conjunction with the existing funeral home previously approved under SUP #2012-01; and

WHEREAS, the Community Development staff has reviewed the application and RECOMMENDS APPROVAL subject to specific conditions; and

WHEREAS, the City of Manassas Planning Commission held a public hearing on November 1, 2017, after full compliance with all state code public hearing notice and posting requirements and RECOMMENDS APPROVAL subject to specific conditions; and

WHEREAS, the Manassas City Council held a public hearing on December 11,2017, after full compliance with all state code public hearing notice and posting requirements;and

WHEREAS, among the purposes of zoning called out in Chapter 15.2-2283 of the Code of Virginia is “to facilitate the creation of convenient, attractive, and harmonious community”; and

WHEREAS, among the matters to be considered in drawing and applying zoning ordinances and districts called out in Chapter 15.2-2284 of the Code of Virginia is “the suitability of property for various uses”; and

WHEREAS, the City Council upon careful consideration finds that approval of SUP #2017-04 is justified by public necessity and convenience and general welfare, and is consistent with reasonable zoning practices, and that the cumulative effect of the activity proposed will not be detrimental to the character and development of the adjacent land, and is in reasonable harmony with the City’s land use plan and policies; and

WHEREAS, the Council finds that a comprehensive list of conditions and safeguards can eliminate or mitigate the negative impacts of the proposed development sufficiently to justify approval.

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January 8, 2018Regular MeetingRes. No. R-2018-13Page Two

NOW, THEREFORE, BE IT RESOLVED that the Manassas City Council does hereby APPROVE SUP #2017-04 in regular session this 8th Day of January 2018, subject to the conditions listed on the attached pages.

______________________________________ Harry J. Parrish II Mayor On behalf of the City Council

of Manassas, Virginia

ATTEST:

__________________________________Andrea P. Madden City Clerk

Votes:Ayes: Nays:Absent from Vote:Absent from Meeting:

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SUP #2017-07, Pierce Funeral Home, 9609 Center Street and 9406/9412 Stonewall Road

December 8, 2017

Page 1 of 3

Special Use Permit Conditions

SUP# 2017-04, Pierce Funeral Home 9609 Center Street and 9406/9412 Stonewall Road

December 8, 2017

In addition to compliance with all applicable zoning, subdivision, and Design & Construction

Standards Manual (DCSM) requirements, the development and use of the designated property

shall be subject to the following conditions:

1. This special use permit for a Place of Assembly (50 or more persons) for a funeral home, Cemetery (columbarium area), and Crematory.

2. Special Use Permit #2017-04 shall replace and supersede Special Use Permit #2012-01.

3. 9609 Center Street: The site and building shall be developed and operated in general conformance with the GDP entitled, "Pierce Funeral Home" prepared by Ross, France and Ratliff, Ltd. dated November 4, 2011, and last revised May 3, 2012, except as modified to accommodate the entrance to the columbarium area and to provide parking lot landscaping between the existing parking lot and the columbarium area meeting the minimum requirements of the DCSM. As depicted on the GDP, the applicant shall plant a double row of evergreen trees to the east facing Stonewall Road at the earliest practical opportunity, but no later than September 30, 2012.

4. 9406/9412 Stonewall Road: The site, subject to final engineering, shall be developed and operated in substantial conformance with the Special Use Permit Amendment Plan (“SUP Plan”) entitled “Pierce Funeral Home”, prepared by Ross-France, and dated October 6, 2017, subject to minor modifications in connection with final engineering. All structures within the columbarium area shall not exceed 15-feet in height.

5. 9609 Center Street: The building shall be developed and operated in general conformance with the Floor Plan and Elevations entitled "Pierce Crematory" received November 10, 2011 and prepared by Beasley Architecture Group, LLC.

6. All activity shall be conducted inside the building only, with the exception of organizing the vehicle stacking for funeral processions and activity within the columbarium area. The delivery/unloading of remains shall occur inside the building.

7. There shall be no activities in the Celebration of Life room while the Chapel is occupied except for activities, such as a repast, related to a service in the Chapel.

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December 8, 2017

Page 2 of 3

8. The height to the top of the fixture of any freestanding parking lot lights shall not exceed 24 feet from grade and shall be equipped with box-type light fixtures that direct light downward and inward to prevent light spillover onto adjacent properties. All exterior lighting attached to the building and within the columbarium area shall also be so arranged and shielded.

9. Vehicle stacking for funeral processions on public streets shall be prohibited.

10. For traffic management purposes, upon request by the City of Manassas Police Department, coordination shall be made with the Prince William County Sheriff's Department and the City of Manassas Police Department.

11. There shall be no more than two curb cuts on Route 28. Vehicular access onto Stonewall Road shall be prohibited.

12. As a condition of final site plan approval, the portion of 9406 Stonewall Road labeled as “Right-of-Way Dedication” shall be dedicated to the City for frontage improvements on Stonewall Road to be constructed in conjunction with the improvements to the columbarium area.

13. There shall be one freestanding sign located on the property and no wall signs. The freestanding sign shall be a monument design and shall not exceed forty square feet. The design of said sign shall be substantially similar in style to that sign located at Lee Funeral Home. Directional signs not exceeding four square feet each shall also be permitted. The base of the monument sign and all entrance signage shall be planted with a mixture of shrubs and/or perennials in such as fashion that sight distance is not impaired.

14. The Applicant shall obtain the appropriate license from the Virginia Cemetery Board and create a perpetual care trust fund for maintenance of the columbarium in accordance with Section 54.1-2316 of the Code of Virginia. At the time of site plan approval, the Applicant shall dedicate an ingress-egress easement across Applicant’s adjoining parcel to an entrance on Center Street (Route 28), as well as provide an easement for at least three (3) parking spaces reserved for the use of visitors to the columbarium. Said ingress-egress easement and parking spaces may be relocated to accommodate development of the adjoining parcel. Prior to the sale of the first niche or columbarium inurnment, the Owner shall record a covenant over the entire columbarium which restricts the use of the property solely as a columbarium.

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15. The use of this property shall be in compliance with all federal, state, and local ordinances.

Crematory Operations:

16. The hours of operation of the two crematoria shall be 8:00 am to 9:00 pm. There shall be

no more than four (4) human cremations per day.

17. The crematory operator must maintain the Cremation Association of North America certification or other appropriate certification to operate the cremation center on site.

18. The applicant must receive an Environmental Protection Agency (through the Virginia Department of Environmental Quality) Air Discharge Permit or other similar permit from the State prior to the issuance of an occupancy permit for the crematory portion of the business. In addition, upon request, the applicant shall provide a copy of the annual inspection letter from the State to the City. If any part of the crematory unit does not pass inspection, the crematory must cease operation until a satisfactory inspection has been completed and approved State letter provided to the City.

19. The applicant shall install the Mathews International Power Pak II Smoke Buster 140 cremation equipment or equivalent, and shall contract for monitoring offered by Matthews International to ensure proper functioning of that equipment.

20. The pet crematory may have a maximum of three (3) attendees associated with a cremation. The applicant shall advise clients of this condition. Further deliveries shall be by pet owner only or the funeral home may pick up pets from commercial sources such as veterinary clinics. Delivery from commercial sources, such as veterinary clinics, shall be prohibited. The applicant shall designate a cooler for pets to the extent necessary to accommodate any backup in pets awaiting cremation.

_____________________________________ ________________

Matthew D. Arcieri, Zoning Administrator Date

This signature certifies that these conditions were approved by the Manassas City Council as

part of the above referenced special use permit.

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Agenda Title: Agreements: Memorandums of Understanding with Constitutional Officers

Recommendation: Approve the Memorandums of Understanding with Constitutional Officers

Motion: I move that the Memorandums of Understanding with the Constitutional Officers be approved.


N/A


Under Virginia law, constitutional officers are legally independent from their local governments. These memoranda establish and clarify what employment policies, procedures, and benefits apply to employees of Constitutional Officers, with separate memoranda to address supplemental compensation for Constitutional Officers.


Personnel Committee – November 16, 2017 (Recommended Approval 3/0)

Fiscal Impact: N/A

Staff Contact: Darla J. [email protected](703) 257-8248

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CONSTITUTIONAL OFFICER’S AGREEMENT

THIS AGREEMENT made and entered into this ____ day of _____, 2018, by and between____________________, the Commissioner of the Revenue of the City of Manassas, Virginia, (hereinafter referred to as the “Constitutional Officer”) and the City Council of the City ofManassas, Virginia, a municipal corporation of the Commonwealth of Virginia (hereinafter the municipal corporation is referred to as the “City” and its governing body as the “City Council”).

RECITALS:

WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth Virginia provides for the City’s voters to elect a City Treasurer and Commissioner of the Revenue as the Constitutional Officers of the City of Manassas, Virginia; and

WHEREAS, in accordance with Section 2.2-3008 of the Code of Virginia, as amended, employees (but not deputies) of Constitutional Officers may be accepted into a local governing body’s grievance procedure or personnel system if agreed to by both the Constitutional Officer and the local governing body; and

WHEREAS, in accordance with Section 15.2-1605 of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for the deputies and employees of the Constitutional Officers; and

WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and

WHEREAS, Deputies of the Constitutional Officer serve at the will of the Constitutional Officer as appointees of an elected official, and the terms of all deputies end (if not terminated sooner) upon the termination of the Constitutional Officer’s term, whether by resignation, removal, expiration of term of office, death, or other cause;

NOW, THEREFORE, this Agreement

WITNESSETH:

That for and in consideration of the premises and the mutual covenants contained herein, and other good and valuable considerations, the receipt of which hereby acknowledged, the parties hereto agree as follows:

A. The Recitals are hereby incorporated as substantive portions of this Agreement.

B. The Constitutional Officer shall:63

2

1. Administer for his/her deputies and employees the Employee Handbook and all standard operating procedures of the City government except for the grievance procedure. Deputies and employees of the Constitutional Officer are not covered under the City’s Grievance Procedure.

2. Recruit and employ personnel in accordance with the procedures of the City’s personnel department. The employment decision is the sole prerogative of the Constitutional Officer. However, the individual hired must meet the minimum qualifications of the job as outlined in the job description.

3. Employ no personnel in excess of that authorized by the State Compensation Board without the express prior consent of the City Council.

4. Review with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses.

5. Meet with the City Council whenever the need arises or whenever either the City Council or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance.

6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer’s office set forth in the CityCouncil’s adopted policies.

7. Provide financial or informational reports as requested by the City Council or City Manager.

C. The City Council shall:

1. Support and contribute to the Constitutional Officer’s compensation to fund the City’s share of the State’s mandated salary. In addition, the City Council has assigned the Constitutional Officer to a grade in the City’s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City’s contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker’s compensation insurance, accident and sickness insurance and long-term disability insurance.

2. Accept the deputies and employees of the Constitutional Officer into the City’s personnel system. The deputies and employees may participate in any and all fringe benefits offered to permanent employees of the City.

3. Provide assistance and services to the Constitutional Officer concerning personnel 64

3

matters through its Department of Human Resources.

4. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance.

5. Provide office space, office furniture and supplies in accordance with the established City budget policy.

D. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of.

E. This Agreement shall be in full force and effect from _____________, 20____, through December 31, 20___ unless terminated sooner. This Agreement terminates automatically upon the termination of the Constitutional Officer’s term for any reason.

F. Upon the expiration or termination of this Agreement, all obligation to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer or the Constitutional Officer’s deputies and employees in excess of the salary mandated by the State Compensation Board.

G. This Agreement is made solely for the benefit of the City and the Constitutional Officer, and is not intended to grant any right, benefit, or interest to any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, amend, waive, or vary this Agreement are not subject to the consent of any third party.

H. All obligations of the City to make payments under this Agreement are subject to annual appropriations by the City Council. Failure of the City Council to make such appropriations shall be cause for the Constitutional Officer, in his or her sole discretion, to terminate this Agreement upon ten (10) days prior written notice.

I. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are no other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Constitutional Officer and the Mayor, after due authorization from the City Council.

J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Commissioner of the Revenue and Chief Deputy Commissioner of the Revenue, all at their official business addresses of record.

IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals

65

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affixed hereto by all due authority.

WITNESS:Commissioner of the Revenue

FOR THE CITY COUNCIL OF THE CITY OF MANASSAS, VIRGINIA

ATTEST:

_________________________________

66

1

THIS AGREEMENT made and entered into effective as of the _______day of January, 2018(“Effective Date”), by and between Douglas A. Waldron, the duly elected Commissioner of the Revenue for the City of Manassas, Virginia (hereinafter referred to as the “Constitutional Officer”), party of the first part; and the City of Manassas, Virginia, a Virginia municipal corporation (hereinafter referred to as the “City”), party of the second part.

RECITALS:

WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Manassas, Virginia; and

WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and

WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers in such amounts as it may deem expedient.

NOW THEREFORE, this Agreement

WITNESSETH:



B. The Constitutional Officer shall:1. Follow City procedures and policies related to the accrual and use of paid sick,

annual, and holiday pay and time and attendance.

C. The City Council shall:1. Subject to annual appropriation, support and contribute to the Constitutional Officer’s

compensation to fund the City’s share of the State’s mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City’s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer.

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2. The supplementary compensation for the Constitutional Officer shall include the City’s contribution to the Virginia Retirement System, and fringe benefits offered by the City to include group life insurance, and worker’s compensation insurance, and accrual of sick leave, annual leave, and discretionary leave under the City’s leave programs. The parties understand and acknowledge that the provision of supplementary compensation is provided at the sole discretion of City Council in accordance with budgetary and other considerations.

3. Nothing in this Agreement shall be construed to obligate the City of Manassas to the continued provision of such discretionary compensation.



F. Upon the expiration or termination of this Agreement, all obligations to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer in excess of the salary mandated by the State Compensation Board.




J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Commissioner of the Revenue, all at their official business addresses of record.

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IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY COUNCIL of the CITY OF MANASSAS, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority.

Commissioner of the RevenueWITNESS:


ATTEST:

_________________________________

69

1

CONSTITUTIONAL OFFICER’S AGREEMENT

THIS AGREEMENT made and entered into this ____ day of _____, 2018, by and between____________________, the Treasurer of the City of Manassas, Virginia, (hereinafter referred to as the “Constitutional Officer”) and the City Council of the City of Manassas, Virginia, amunicipal corporation of the Commonwealth of Virginia (hereinafter the municipal corporation is referred to as the “City” and its governing body as the “City Council”).

RECITALS:

WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth Virginia provides for the City’s voters to elect a City Treasurer and Commissioner of the Revenue as the Constitutional Officers of the City of Manassas, Virginia; and

WHEREAS, in accordance with Section 2.2-3008 of the Code of Virginia, as amended, employees (but not deputies) of Constitutional Officers may be accepted into a local governing body’s grievance procedure or personnel system if agreed to by both the Constitutional Officer and the local governing body; and

WHEREAS, in accordance with Section 15.2-1605 of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for only the deputies and employees of the Constitutional Officers; and

WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and

WHEREAS, Deputies of the Constitutional Officer serve at the will of the Constitutional Officer as appointees of an elected official, and the terms of all deputies end (if not terminated sooner) upon the termination of the Constitutional Officer’s term, whether by resignation, removal, expiration of term of office, death, or other cause;

NOW, THEREFORE, this Agreement

WITNESSETH:



B. The Constitutional Officer shall:70

2

1. Administer for his/her deputies and employees the Employee Handbook and all standard operating procedures of the City government.

2. Recruit and employ personnel in accordance with the procedures on the City’s personnel department. The employment decision is the sole prerogative of the Constitutional Officer. However, the individual hired must meet the minimum qualifications of the job as outlined in the job description.

3. Employ no personnel in excess of that authorized by the State Compensation Board without the express prior consent of the City Council.

4. Review with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses.

5. Meet with the City Council whenever the need arises or whenever either the City Council or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance.

6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer’s office set forth in the CityCouncil’s adopted policies.

7. Provide financial or informational reports as requested by the City Council or City Manager.

C. The City Council shall:

1. Support and contribute to the Constitutional Officer’s compensation to fund the City’s share of the State’s mandated salary. In addition, the City Council has assigned the Constitutional Officer to a grade in the City’s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City’s contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker’s compensation insurance, accident and sickness insurance and long-term disability insurance.

2. Accept the deputies and employees of the Constitutional Officer into the City’s personnel system. The deputies and employees may participate in any and all fringe benefits offered to regular employees of the City.

3. Accept the Constitutional Officer’s employees (but not the Chief Deputy) into the City’s grievance procedure.

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4. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance.

5. Provide office space, office furniture and supplies in accordance with the established City budget policy.



F. Upon the expiration or termination of this Agreement, all obligation to fulfill the mutual promises contained in this Agreement shall cease, the employees of the Constitutional Officer shall no longer be covered by the grievance procedure (even if a grievance is then pending), and no further payments will be made by the City to the Constitutional Officer or the Constitutional Officer’s deputies and employees in excess of the salary mandated by the State Compensation Board.




J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Treasurer and Chief Deputy Treasurer, all at their official business addresses of record.

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WITNESS:Treasurer


ATTEST:

_________________________________

73

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THIS AGREEMENT made and entered into effective as of the _______day of January, 2018 (“Effective Date”), by and between Patricia Richie-Folks, the duly elected Treasurer for the City of Manassas, Virginia (hereinafter referred to as the “Constitutional Officer”), party of the first part; and the City of Manassas, Virginia, a Virginia municipal corporation (hereinafter referred to as the “City”), party of the second part.

RECITALS:

WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Manassas, Virginia; and

WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and

WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers in such amounts as it may deem expedient.

NOW THEREFORE, this Agreement

WITNESSETH:



B. The Constitutional Officer shall:1. Follow City procedures and policies related to the accrual and use of paid sick,

annual, and holiday pay and time and attendance.

C. The City Council shall:1. Subject to annual appropriation, support and contribute to the Constitutional Officer’s

compensation to fund the City’s share of the State’s mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City’s Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer.

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2. The supplementary compensation for the Constitutional Officer shall include the City’s contribution to the Virginia Retirement System, and fringe benefits offered by the City to include group life insurance, and worker’s compensation insurance, and accrual of sick leave, annual leave, and discretionary leave under the City’s leave programs. The parties understand and acknowledge that the provision of supplementary compensation is provided at the sole discretion of City Council in accordance with budgetary and other considerations.

3. Nothing in this Agreement shall be construed to obligate the City of Manassas to the continued provision of such discretionary compensation.



F. Upon the expiration or termination of this Agreement, all obligations to fulfill the mutual promises contained in this Agreement shall cease, and no further payments will be made by the City to the Constitutional Officer in excess of the salary mandated by the State Compensation Board.




J. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City Council, the Mayor and Clerk of the City of Manassas, and for the Treasurer, all at their official business addresses of record.

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TreasurerWITNESS:


ATTEST:

_________________________________

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Agenda Title: Public Hearing: SUP #2018-03: Youlen Enterprises, Inc. Home Business10239 Foxborough Court

Recommendation: Close the public hearing and schedule action for Monday, January 22, 2018.

Motion: I move that the public hearing be closed and action scheduled for Monday, January 22, 2018.


N/A


Consideration of a request for a special use permit for a Home Business to allow customer pickup of products associated with the applicant’s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms.


Planning Commission – November 1, 2017 and December 6, 2017 (Recommended Approval 6/0)

Fiscal Impact: N/A

Staff Contact: Kelly Davis, AICP, Senior [email protected](703) 257-8225

78

CITY OF MANASSAS CITY COUNCIL STAFF REPORT YOULEN ENTERPRISES, INC.

SUP #2018-03

Proposed Use: This is a request for a special use permit for a Home Business to allow customer pickup of products associated with the applicant’s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms. Location: The subject property is located at 10239 Foxborough Court, approximately 450 feet south of the intersection of Foxborough Court and Hastings Drive. Existing Zoning: R-2, Single Family Residential (Moderate Density) Parcel Size: 0.15 acres Comprehensive Plan Designation: Suburban Neighborhood

Date Accepted for Review: October 4, 2017 Planning Commission Hearing: November 1, 2017 City Council Hearing: January 8, 2018

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SUP #2018-03, Youlen Enterprises, Inc. January 4, 2018

Page 2

SUP #2018-03, Youlen Enterprises, Inc. 10239 Foxborough Court

Public Hearing Dates:

Planning Commission: November 1, 2017 City Council: January 8, 2018

Recommendation:

Staff: Approve Planning Commission: Approve

OVERVIEW OF REQUEST

Request: To consider a special use permit for a Home Business to allow customer pickup of products associated with the applicant’s business. The applicant is licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the dealing, manufacturing, and assembly of firearms. Surrounding Land Uses:

MEMORANDUM CITY OF MANASSAS

Department of Community Development

Single Family Residential, Moderate Density (Owens Brooke)

Prince William County

Single Family Residential, Moderate Density (Cedar Crest)

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Level of Service: Any level of service impacts related to this request would be mitigated by the conditions dated October 27, 2017. Public Notice: This case has been advertised in accordance with requirements of the Code of Virginia and the City of Manassas, including newspaper advertisement, adjacent property owner notification (a total of 12 mailings), and public hearing signs posted on the property. Comments received to date are provided in Attachment 3 and the applicant’s response is provided in Attachment 4.

STAFF RECOMMENDATION

The request, with the proposed SUP conditions and performance measures, is not anticipated to have a negative land use impact on the existing patterns of development. Staff recommends approval of SUP #2018-03, as conditioned dated October 27, 2017.

PLANNING COMMISSION RECOMMENDATION On November 1, 2017, Planning Commission held a public hearing on a special use permit (SUP). One citizen spoke against the proposal. Planning Commission voted to close the public hearing and defer action until December 6, 2017, to seek consultation with legal counsel. Planning Commission determined that approval of the special use permit is not projected to have a detrimental impact on the character and development of adjacent land and recommended approval (6/0) of SUP #2018-03, as conditioned dated October 27, 2017.

Staff: Kelly E. Davis, AICP

Contact Information: 703-257-8225, [email protected]

Attachments: 1. Staff Analysis 2. Conditions dated October 27, 2017 3. Comment Letters 4. Applicant Letters 5. Planning Commission Minutes and Resolution

Agency comments have been incorporated into Attachment 1. Staff Analysis. Application and

preliminary agency comments are available at the Department of Community Development

office (9027 Center Street, Room 202, Manassas, VA 20110) and can be provided upon request.

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ATTACHMENT 1: STAFF ANALYSIS Background and History: The subject property, 10239 Foxborough Court, is a 6,500 square foot (SF) residential lot located in the Owens Brooke subdivision. The property consists of a 1,080 SF, single-family detached structure constructed in 1985. The applicant has requested a special use permit surrounding the licensed dealing, manufacturing/assembling of firearms pursuant to local/state/federal laws. The applicant is currently licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for such activity and conducts sales online, which is permitted under the standard home occupation permit. The applicant is requesting this special use permit for a home business to allow customers to come to the home. According to the applicant, the estimated transaction times range from 10-15 minutes, and would occur 2-3 times per month, approximately. Onsite parking is available to clients. The applicant proposes no signage or other exterior alterations to the property to accommodate the home business. Comprehensive Plan Analysis: The subject property is located in the Suburban Neighborhood character area of the Comprehensive Plan. The request, with the proposed SUP conditions and performance measures, is not anticipated to have a negative land use impact on the existing patterns of development.

Land Use

Manassas will maintain its existing pattern of residential, commercial, and open space land uses, emphasize improved design principles, promote mixed uses compatible with existing

neighborhoods, accommodate high quality infill and redevelopment where appropriate, and reinforce the unique and positive qualities of diverse neighborhoods.

The proposed use is subject to the performance standards for home businesses (See Attachment 2) outlined in Sec. 130-95 of the Zoning Ordinance. These standards are intended to ensure that home businesses do not change the character of the dwelling unit or exhibit any exterior evidence of a non-residential use. The standards include, but are not limited to, a prohibition on business signs, hours of operation (8:00 a.m. or after 6:00 p.m. Monday through Friday), and a limit on the area of the house that may be devoted to the home business (25% of the gross floor area). The area devoted to the use is further limited by the Virginia Construction Code (Section 508.2.1), which states that the accessory use (home occupation) shall occupy no

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more than ten percent (10%) of the building area of the story in which it is located. This is more restrictive than the Zoning Ordinance. In addition to the Zoning Ordinance performance standards, the proposed conditions are intended to further minimize impacts of traffic and parking on the residential neighborhood. The conditions limit the number of customer appointments to one per week and prohibit employees on premise. Customer parking is required to be maintained on-site and remain available during business hours. With these performance standards and conditions, the proposed use is not anticipated to negatively impact the existing residential development. It should also be noted that, while the covenants of the Owens Brooke Homeowners Association (HOA) prohibits business uses within the community, Virginia Code § 15.2-110 prohibits localities from requiring HOA approval prior to issuing an SUP.

Mobility

Manassas will have a safe, efficient, multi-modal transportation system with streets sufficient to support businesses and residents, providing public transportation and pedestrian- and bicycle-friendly facilities, while being sensitive to the design context of the City and its neighborhoods.

The applicant has adequate parking on site to accommodate one customer as required by the Zoning Ordinance. The conditions require the applicant to maintain one off-street parking space for customer use during business hours. Customers are required to park in this dedicated off-street parking space. In addition, to limit traffic impacts on the local residential streets, the conditions restrict the applicant to a maximum of one customer appointment per week.

Public Safety

Public Safety: Manassas City provides premier police, fire and rescue services and facilities, protecting the lives and property of our citizens with well-trained and equipped personnel

closely engaged with the community. The City is prepared to respond to and protect against natural and man-made disasters and threats.

The conditions do not include restrictions or regulations on the specific use of this proposed home business. The proposed home business is regulated by ATF, and Virginia Code § 15.2-915 further prohibits any locality from taking any action, whether legislative or administrative, governing the purchase, possession etc. of firearms except where expressly authorized by statute.

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PROPOSED CONDITIONS Overview:

The complete set of recommended conditions is provided in Attachment 2. The conditions, as proposed would permit the home business, subject to the performance standards for home businesses under Section 130-95 of the Zoning Ordinance. Additional mitigating conditions of the SUP are as follows:

- Condition #2 prohibits any employees on premise, except for family members residing in the dwelling unit.

- Condition #3 requires the applicant to maintain one off-street parking space available for customer use at all times during business hours. Customers shall be required to park in the dedicated off-street parking space.

- Condition #4 limits the applicant to a maximum of one customer appointment per week. In addition to the conditions described above, the use is subject to the performance standards in Section 130-95 of the Zoning Ordinance, including but not limited to:

- Customer or client contact on-site shall be by appointment only. Customer appointments shall not be scheduled before 8:00 a.m. or after 6:00 p.m. Monday through Friday.

- On-site business signs shall be prohibited. - No detached accessory structure shall be used for any portion of the home business. - Not more than 25 percent of the gross floor area of a single-family detached dwelling

unit, inclusive of any attached garage, shall be used for a home business. - Exterior changes or modification of the single-family detached structure shall be limited

to the minimum handicapped accessibility requirements.

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SUP #2018-03, Youlen Enterprises, Inc., 10239 Foxborough Court October 27, 2017

Page 1 of 3

Special Use Permit Conditions

SUP# 2018-03, Youlen Enterprises, Inc. 10239 Foxborough Court

October 27, 2017

In addition to compliance with all applicable zoning, subdivision, and Design & Construction Standards Manual (DCSM) requirements, the development and use of the designated property shall be subject to the following conditions:

1. This special use permit is for a home business located at 10239 Foxborough Court, subject

to the performance standards under Section 130-95 of the Zoning Ordinance (Attachment A).

2. No employees shall be permitted on premise, except for family members residing in the dwelling unit.

3. The applicant shall maintain one off-street parking space available for customer use at all times during business hours. Customers shall be required to park in the dedicated off-street parking space.

4. The applicant shall be permitted a maximum of one customer appointment per week.

5. The use of this property shall be in compliance with all federal, state, and local ordinances.

_____________________________________ ________________ Matthew D. Arcieri, Zoning Administrator Date This signature certifies that these conditions were approved by the Manassas City Council as part of the above referenced special use permit.

85


Page 2 of 3

SUP #2018-03, Youlen Enterprises, Inc.

Attachment A. City of Manassas Zoning Ordinance, Sec. 130-95

Sec. 130-95. Home businesses.

(a) Notwithstanding any other requirement of this chapter, a home business, where

permitted, shall be subject to the following requirements.

(b) General requirements.

(1) A maximum of one home business shall be located in a single-family detached

dwelling unit, and shall neither change the character of the dwelling unit nor

exhibit any exterior evidence of a non-residential use.

(2) At no time shall the permit holder maintain a permanent residence off-site.

(3) At all times, the on-site operations and supervisory responsibility of the permitted

activity shall rest with the permit holder.

(4) Adequate on-site parking shall be provided for employees, customers, and clients.

(5) At no time shall more than two customers or clients be on-site at the same time.

Customer or client contact on-site shall be by appointment only. Customer

appointments shall be limited to not more than eight appointments a day, and not

scheduled before 8:00 a.m. or after 6:00 p.m. Monday through Friday, unless

otherwise authorized through the approval of a special use permit.

(6) On-site business signs shall be prohibited. No business sign is permitted on any

mailbox.

(7) Motor vehicles used in the home business shall conform to the following

requirements:

a. No vehicle used in the home business and with a gross weight of more than

10,000 pounds, in excess of 21 feet in length, or wider than 102 inches shall

be parked, garaged, or stored in any residential district.

b. No more than one motor vehicle used in the home business shall be parked,

garaged, or stored in any residential district.

c. Any sign maintained on any vehicle used in a home business shall be covered

or removed when the vehicle is parked overnight in any residential district.

(8) On-site storage and use of materials, merchandise, or equipment is limited to the

following standards:

a. Materials associated with the home business shall be limited to just-in-time

delivery and storage practices. No bulk storage on-site is permitted.

b. Exterior storage of equipment, including open trailers and other business-

related equipment, materials, or merchandise is prohibited.

c. Interior use of office equipment such as a telephone, fax, computer, or other

typical light office equipment necessary to the home business is permitted.

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Page 3 of 3

d. All bulk storage of materials, equipment, or supplies must be identified and

maintained off-site in an approved storage facility.

(9) No detached accessory structure shall be used for any portion of the home

business.

(10) Not more than 25 percent of the gross floor area of a single-family detached

dwelling unit, inclusive of any attached garage, shall be used for a home

business.

(11) Exterior changes or modification of the single-family detached structure shall be

limited to the minimum handicapped accessibility requirements.

(12) The home business shall require a separate occupancy permit for the home

business.

87

October 19,2017

To whom it may concern,

The Owens Brooke Homeowners Association has recently been informed that the owner of 10239

Foxborough Court, a home that is within the Owens Brooke HOA, has applied for a special use permit to

allow for the distribution and manufacturing/assembling of firearms out of this residence. Within the

Governing Documents of the Association, it is specifically stated that all units are to be for residential

purposes only. Pursuant to the Declaration of Owens Brooke, Article V, Section 1, “LAND USE &

BUILDING TYPE: No lot shall be used except for residential purposes.” I have attached the Declaration

for your reference and review. The Association does not permit the home space to be used as anything

other than a residential dwelling.

Residents within the same court have raised concerns about the traffic flow, limited parking, and safety.

If a permit is received by this owner for the purpose of selling and manufacturing firearms, there will be

a heightened amount of traffic in and out of the community of people that do not live here. This creates

a higher chance of property damage for the Association and other residents. The roads in Owens Brooke

are very narrow and they already face issues with parking and safety. Also stated in the Declaration of

the Association under Article V, Section 4, “NUISANCES: No noxious or offensive activity shall be carried

on upon any lot, nor shall anything be done thereon which shall be or may become an annoyance or

nuisance to the neighborhood.” As the representation of the Association, we request that this special

use permit is not granted to this resident. Housing a business within the Association does not abide by

the Governing Documents and has already created a sense of discomfort to the surrounding residents.

Respectfully,

Kayla Hutson, CMCA

Managing Agent

SFMC, INC

88

6. DEED OF DEDICATION, SUBDIVISION AND DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS

90

I

.,,

'

THIS DEED OF DEDICATION, SUBDIVISION AND DECLARATION

OF COVENANTS, CONDITIONS AND RESTRICTIONS, made and entered into

this 15, day of October, 1985, by and between THE OWENS CORPOR

ATION, a Virginia Corporation, party of the. first part; OWENS

BROOKE HOMEOWNERS ASSOCIATION, INC., a Virginia non-stock,

non-profit corporation, party of the second part: DENNIS M.

GRIFFITH and MICBAEL J. SY~ES, Trustees, parties of the third

part; and SOVRAN BANK, Successor to Virginia Natiqnal Bank,

Beneficiary, party of the fourth part.

W I T N E S S E T H :

WHEREAS, the party of the first part is the owner of

the certain property, having acquired the same by Deed recorded

in Deed Book 1160 at page 1091, among the land records of Prince

William County, Virginia.

WHEREAS, by Deed of Dedication, Subdivision and

Declaration of Covenants, Conditions and Restrictions recorded

in Deed Book 1237, Page 131, among the land records of Prince

Williams County, Virginia, part of the property was subdivided

into Lots i'-tliru 36, inclusiv~, ;S~~tion One, OWENS BROOKE; and

WHEREAS, by D~ed of Dedication, Subdivision and ,. ~· ... :; ....... _ . . .

Declaration of Cov'enant;, ·C~n~:Jitions and Restrictions recorded

in Deed Book: 1263 Page 325 (corrected in 1283 Page 1986) among

the land records of Prince William County, Virginia, part of the

property was subdivided into Lots 37 thru 77, inclusive, Section

Two, OWENS BROOKE, and

WHEREAS, by Deeds of Trust recorded in Deed Book 1237,

Page 181, (modified in Deed Book 1263, Page 671), Deed Book

1237, Page 189, Deed Book 1263, Page 675, among the land records

of Prince William County, Virginia, the hereinafter described

property was conveyed unto the parties of the third part,

Trustees, to secure unto the party of the fourth part, Benefiel-.

ary, the payment of certain sums of money evidenced by Promissory

91

(

certain parcel of land, lying and being in the City of Manassas,

Prince William county, Virginia, more particularly describ~d on \

Schedule •A• annexed hereto and made a part hereof by reference;

That the party of the first part does hereby SUBDIVIDE

all that certain parcel of land situate in the City of Manassas,

Prince William County, Virginia, more particularly described by

a survey made by Bengston, DeBell, Elkins & Titus, which is

attached hereto and made a part hereof, into building lots,

common area (open space), park and streets, as shown on the said

attached plat, which is duly approved by the appropriate offici

als of the City of Manassas, Virginia, the said subdivision being

designated as •sECTION THREE, OWENS BROOKEK (Lot Nos. 73 thru 117

inclusive, SECTION THREE, OWENS BROOKE) and the party of. the

first part does hereby dedicate to public use the park and

streets as shown on said plat and does hereby create and estab

lish the easements as shown on said plat~

This ded !cation is made with the free consent and.

desire of the Owner of said property, and is in ·accordance with

the Statutes of Virginia and the 'ordinances in force· in the City ,..,, '. -·',-;~-

of Manassas, Virginia, governing the platting of property and is

approved by the proper authorides a~''::;is evidenced by their

endorsements on the attached plat.

The party of the first part does hereby grant to the

City of Manassas, Virginia, their agents, contractors and

employees an easement on, over and across the common areas (open

space}, easements and driveways shown and designated on the

attached plat for the purpose of performing any and all municipal

functions, governmental or proprietary, which the City may find

necessary or desirable to perform, including, but not limited to

police and fire protection and trash removal, together with all

other rights necessary for full enjoyment and use of the afore-

\

92

...... . ,·

.:.

)

extend to and be binding upon the successors and assigns of the

party of the first part.

The parties of the third part, together with the

consent of the party of fourth part, do hereby release from the

lien of the Deeds of Trust recorded in Deed Book 1237, Page 181,

(modified in Deed Book 1263, Page 671) Deed Book 1237, Page 189,

Deed Book 1263, Page 675, the areas dedicated as public streets

(1. 7904 acres), and the common areas, parcel A (1.6494 acres),

Park (0.7264 acres), Parcel A (1.1533 acres) and Parcel B (7.7723

acres) as shown on the attached plats, it being the understanding

and intent of the parties hereto that the· lien of said Deeds of

Trust shall remain on all the other property to which the lien of

said Deed of Trust applies, including Lot Nos. 73 thru 117

inclusive SECTION THREE, OWENS BROOKE. The lien of Deed of Trust

shall continue in full force and effect and be subject to all of

the rights, duties and obligations of the respective parties to

said Deeds of Trust and the Notes secured thereby.

The party of the first part does hereby grant and

convey unto the party of the second part all of the common area

·as described on the ~~tached plat (Parcel "A• (1.1533 acres), and ' '

Parcel B (7.7723 acres}.

The party of the· second part hereby accepts the

responsibilities and duties imposed upon it by the protective

covenants and restrictions hereinafter set out.

The party of the second part further agrees and

covenants to use the powers granted to it by this instrument .

and its corporate charter to preserve and promote ·good order,

health, safety and the general welfare within the Properties.

ARTICLE I - DEFINITIONS

S~ct ion 1. •Association" shall mean and refer to OWENS BROOKE

HOMEOWNERS ASSOCIATION, INC., its successors and assigns •

93

Section 2. •owner" shall mean and refer to the record owne1Z',

whether one or more persons or entities, of a fee simple title

to any lot which is a part of the Properties, including contract

sellers, but excluding those having such interest merely as

security for the performance of an obligation.

Section 3. •properties" shall mean and refer to that certain

real property hereinbefore described, and such additions thereto

as may hereafter be brought within the jurisdiction of the

Association.

~ection ~. "Common Area" shall mean all real property (including

the improvements thereto) owned by the Association for the

common use and enjoyment of the owners. The Common Area to be

owned by the Association in Section Three, OWENS BROOKE is

described on the attached plat as Parcel A (1.1533 acres),

and Parcel B (7.7723 acres).

Section 5. "Lot" shall mean and refer to any plot of land sho~n

upon any recorded subdivision map of the Properties with the

exception of the Common Area. .

Section~, ."Declarant" shall mean and refer to THE OWENS

CORPORATION, its successors and assigns if such successors or

assigns should acquire more than one undeveloped lot from the

Declarant for the purpose of development.

ARTICLE II - PROPERTY RIGHTS

Section 1. Qwners' Easem~nts of Enioyment. Every owner shall

have a right and easement of enjoyment in and to the.Common Area

which shall be appurtenant to and shall pass with t"he title to

every lot, subject to the following provisions;

(a) the right of the Association to charge reasonable

admission and other fees for the use of any recreational facility

situated upon the Common Area;

(b) the right of the Association to suspend the voting

ritt'htr.:= =-nrl rin'h ..... n uoo n4! ""'"-- ______ ... .:_..:..._, 41:..,._, .. : ... =-- \.. ... ..,_

94

( )

owner for any period during which any assessment against. his lot

remains unpaid; ·and for a period not to exceed 60 days for any

infraction of its published rules and regulations:

(c) the right of the Association to dedicate or transfer

all or any part of the Common Area to any public aaency, author

ity, or utility for such purposes and subject to such conditions

as may be agreed to by the members. No such dedication or

transfer shall be effective unless an instrument agreeing to

such dedication or transfer is ~igned by two-thirds of each

class of members bas been recorded.

Section 2. Delegation of Qse, Any owner may delegate, in

accordance with the By-Laws, his right of enjoyment to the

Common Area and facilities. to the members of his family, his

tenants, or contract purchasers who reside on the property.

ARTICLE III - MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a lot which is subject to assessment

shall be a member of the Association. Membership shall be J

appurtenant to and may not be separate from ownership of any lot

which is subject .toassesslllent. --;; ·~

Section 2. '\. ',

The Association shall have two classes of voting

membership.

Class A. Class A members shall be all Owners, with

the exception of the Declarant, and shall be entitled to one

vote for each lot owned. When more than one person holds an

interest in any lot, all such persons shall be members. The

vote for such lot shall be exercised as they determine, but in

no· event shall more than one vote be cast with respect to any

lot.

Class a. Class B member(s) shall be the Declarant and

shall be entitled to Three (3} votes for each lot owned.. The

Class B membership shall cease and be converted to Class A

95

membership on the happening of either of the following event:.s,

whichever occurs earlier:

(a) when the total votes outstanding in the Class A

membership equal the total votes outstanding in the Class B

membership; or

(b) on June 1, 1989.

ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. <;r:~ation of the Lien agd fersonal Obligation of

The Declarant, for each lot owned within the

Properties hereby covenants, and each Owner of any lot by

acceptance of a deed therefor, whether or not it shall be so

expressed in such deed, is deemed to covenant and agree to pay

the Association: (l) annual assessments or charges, and (2)

special assessments for capital improvements, such assessments

to be established and collected as hereinafter provided. The

annual and special assessments, together with interest, costs

and reasonable attorney's fees shall be a charge on the land and

shall be a continuing lien upon the pro~erty against which each

such assessment is made. Each such assessment, toqether with

interest. costs arid reasonable attorney's fees shall be a

charqe on the land and shall be a continuing lien upon the

property against which each such assessm'ent is made. Each such

assessment, together with interest, costs and reasonable attor

ney •s fees shall also be the personal obligation of the pt>rson

who was the Owne~of such property at the time when the assess

ment fell due. The personal obligation for delinquent assessment

shall not pass to his successors in title unless expressly

assumed by them.

Section 2. Purpose of Assessments. The assessments levied by

the Association shall be used exclusively to promote the recre

ation, health, safety, and welfare of the residents in the

96

f '

Properties and for the improvement and maintenance of the

Common Area.

S~ction 3 •· Mssximum Annual Assessment. Until January 1 of'the

year immediately following the conveyance of the. first lot to an

Owner, the maximum annual assessment shall be per lot,

payable annually for Class A members; and Class B members agree

to pay to the Association annual assessments or charges at a

rate of 25% of the Class A members' assessment, for the cost of

maintenance and improvements for the Common Area owned by the

Association.

(a) From and after January 1 of the year immediately

following the conveyance of the first lot to an Owner, the

maximum annual assessment may be increased each year not_mgre

than te~rcent (10%) above the maximum assessment for the.

previous ye~r without a vote of the membershio.

(b) From and after January 1 of the year immediately

following the conveyance of the first lot to an owner, the

maximum annual assessment may be increased above ten percent

(10%1 bv a vote of two-third~.:p/3). of each class. of members who

are voting in person .or .by proxy;: at a meeting duly called. for . ' .

this purpose.

(cl The Board of Directors may fix the annual assess-

ment at an amount not in excess of the maximum.

Section 4, ~pecial assessments for Capital Improvements. In

addition to the annual assessments authorized above, the Associ-

ation may levy, in any assessment year, a special assessment

applicable to that year only for the purpose of defraying in

whole or in part, the cost of any construction, reconstruction,

repair or replacement of a capital improvement upon the Common

Area, including fixtures at;,d personal property related thereto,

provided that any suchA assessment ·shall have the assent of

two-thirds (2/3) of the votes of each \.1 <'~!':!'; nf m .. mn...r~ _whn ,. ....

. ;

97

' '

( )

voting in person or by proxy at a meeting duly called for this

purpose.

Section 5. NotiS<e and· Quorum for Any Action Authorized Under

Sections 3 and 4. Written notice of any meeting called for the

purpose of taking any action authorized under Section 3 and 4

shall be sent to all members not less than 15 days nor more than

3 0 days in advance of the meeting. At the first such meeting

called, the presence of members or of proxies entitled to cast

sixty percent (60\) of all votes of each class of membership

shall constitute a quorum. If the required quorum is not

present, another meeting may be called subject to the same

notice requirement, and the required quorum at the subsequent

meeting shall be one-half (1/2) of the required quorum at the

preceding meeting. No such subsequent meeting shall be held

more than 60 days following the preceding meeting.

Section §. Uniform Bate of Assessment. Both annual and special

assessments must be fixed at a uniform rate for all.lots and may

be collected on a monthly basis, bi-monthly, quarterly or yearly.

' ' .Section 7, Date of Commenc~ment of Annual Assessment: Due

Dates. The annual assessments provided for herein shall commence

as to all lots on the first day· of the month following the

conveyance of the Common Area. The first annual assessment

shall be adjusted ~ccording to the number of months remalning in

the calendar year. The Board of Directors shall fix tile amount

of the annual assessment against each lot at least thirty (30)

days in advance of each annual assessment period. Written

notice of the annual assessment shall be sent to every OWner

subject thereto. The due dates shall be established b~ the

Board of· Directors. The association shall, upon demand, and for

a reasonable charge, furnish a certificate signed by an Officer

98

•.

I

of the Association as to the status of assessments on a lot is

binding upon the Association as of the date of its issuance.

Section 8. Effect of Nonpayment of Asses~ments: Remedies Qf

the Msociation. Any assessment not paid within thirty (30)

days after the due date shall bear interest from the due date at

the rate of ten percent (10%} per annum or the judgment .rate of

interest as fixed by Virginia Code, whichever is greater. The

Association may bring an action at law against the Owner. person

ally obliqated to pay the same, or foreclose the lien against

the property. No Owner may waive or otherwise escape liability

for the assessments provided for herein by non-use of the Common

Area or abandonment of his lot.

Sgctio~ 9. Subordination of the Lien to Mortgages, The lien of

the assessments provided for herein shall be subordinate to the

lien of any first deed of trust and/or mortgage. Sale or

transfer of any lot shall not affect the assessment lien.

However,_ the sale or transfer of any lot pursuant to foreclosure

or. any "proceedlng in lieu thereof, shall extinguish the lien of ~· ~ '. ' ' ·· .....

such assessments as to payments which became due prior to such

sale or tra~sfer." No sale or transfer shall relieve such lot

from liability for any assessments thereafter becoming due or

from the lien thereof.

ARTICLE V - RESTRICTIVE COVENANTS

1. LAND USE & BUILDING TYPE: No lot shall be used

except for residential purposes. No building shall be erected,

altered, placed or permitted to remain on any lot other than one

detached single familY dwellinq.

2. ARCHITECTURA~ CONTROL: No building, fence,

structure or improvement of any kind shall be erected, placed or

altered on any lot until the construction plans and specifi

cations and a plan showing the location of the structure have

99

I J

· .. ·

been approved by the architectural control committee as to

quality of workmanship and materials, harmony of e~ternal design

with existing structures,and as to location with respeci to

topography and finish grade elevation. The right to waive

violation of a building restriction shall be exclusively retained

by the architectural control committee. The Owner shall also

comply with all ordinances of the City of Manassas. This shall

in no wise invalidate any of the restrictive covenants set forth

herein. Approval shall be as provided herein.

3. EASEMENTS: Easements for installation and

maintenance of utilities and sanitary and drainage facilities

are reserved on the recorded plat to the Declarant its successors

and/or assigns, and over the side and rear ten feet of each lot.

4. NUISANCES: No noxious of offensive activity

shall be carried on upon any lot, nor shall anvthinq be done

thereon which shall be or may become an annoyance or nuisance to

the neiqhborhood.

5. TEMPORARY STRUCTURES: No structure of a temporary

charter, trailer, basement,· tent, shack, garage, barn or other

outbuilding shall be -used on any lot at any time as a residence

either temporarily or permanently.

6. MEMBERSHIP: The architectural control committee

is composed of the President, Vice President and Secretary/Trea

surer of the Homeowners Association. A majority of the committee

mav desicmate a rePresentative to act for it.. In the event of

death or resignation of any member of the committee, the remain-

ing members shall have full authority to designate a successor.

Neither the members of the committee nor its designated repre

sentative shall be entitled to any compensation for services

performed pursuant to this covenant.

7. SIGNS: No sign of any kind shall be displayed to

... he """'~h1 4- ,.,.,:_ .... -- --· .. ,. ... •

100

t J

more than five (5) square feet, advertising the property for

sale or rent. Signs used by a builder and/or Declarant to

advertise the property during the construction and sales period

thereof may be of any size approved by the City ordinances.

a. ANIMALS. No animals, livestock or poultry of any

kind shall be raised, bred, or kept on any lot, except that

dogs, cats or other household pets (not to exceed· two (2>.) may

be kept, provided that they are not kept, bred or maintained for

commercial purposes.

9. SANITARY CONDITIONS: No lot shall be used or

maintained as a dumpinq qround for rubbish, garbage, or other

waste, and the same shall be kept in sanitary containers at

all times. All incinerators or other equipment f~r the storage .. or disposal of such material shall be kept in a clean and

~anitary condition.

10. WEEDS & UNDERGROWTH: The Declarant reserves the

right to cut weeds and undergrowth from the sites until occupied

by the owners but shall be under no obligation to do so.

11. EXTERIOR MAINTENANCE: In the event an owner of . '

any Lot in the Properties shall fail to maintain the premises

and the improvements situated thereon in a manner satisfactory

to the Board of Directors, the Association, after approval of

two-thirds (2/3) vote of the ~oard of Directors, shall have the

right, through its agents and employees, to enter upon said

parcel and to repair, maintain, and restore the Lot and the

exterior of the buildings and any other improvements erected

thereon. The cost of such exterior maintenance shall be added

to and become part of the assessment to which such Lot is

subject.

12. PROCEDURE: The architectural control committee's

approval or disapproval as required in these covenants shall be

101

l)

in writing. In the event the committee, or designated repr~-

sentati ve fails to approve or disapprove within 30 days after

plans and spec if !cations have been submitted to lt or in· the

event if no suit to enjoin the construction has been commenced

prior to the completion thereof, approval will not be required,

and the related covenants shall be deemed to have been fully

complied with.

13. TERM: These covenants are to run with the land

and shall be binding on all parties and all persons claiming

under them for a period of 30 years from the date these covenants

are recorded, after which time said covenants shall automatically

be extended for successive periods of 10 years unless an instru-

ment signed by a majority of the then owners of the lots has

been recorded, agreeing to change said covenants in whole or in

part.

ARTICLE VI - GENERAL PROVISIONS

Section 1. · ;:nforcement. · Th~ Association, or any OWner· shall

have the right to enforce by a proceeding at law or in equity

all restrictions, conditions, covenants, reservations, liens and ..,·.··

charges now·o~ heieai~er imposed by ~~e p~ovisions ~f this

Declaration.. Failure by the Association or by an Owner to

enforce any covenant or restriction herein contained sh~ll in no

event be deemed a waiver of the right to do so thereafter.

Section 2. Severability. Invalidation of any one of the

provisions of this Declaration by judgment or court order, shall

in no way affect any other provision which shall remain in full

force and effect.

Section 3, @endment. The covenants and restrictions of this

Declaration shall run with and bind the land for a term of

thirty (30} years from the date this Declaration is recorded,

after which time they shall be automatically extended for

102

( . )

successive periods of ten (10) years. This Declaration may be

amended during the first thirty (30) year period by an instrument

signed by not less than ninety percent ( 90%) of the lot O"!'flers 1

and thereafter by an instrument signed by not less than seventy

five percent (75%) of the lot owners. Any ame~dment must be

recorded.

SectiQn 4. ~nexation. Additional land as described in Exhibit

"B", attached to Deed recorded in Deed Book 1237 at Page 131 may

be annexed by Declarant in its sole discretion without the

consent of Class A members until June 1, 1989. Additional

residential property and Common Area not described in said

Exhibit •s• may be annexed to the properties with the consent of

two-thirds (2/3) of each class of members.

Section 5. VA Approval. As long as there is a Class B member-

ship the following acts will require the prior approval of th~

Federal Housing Administration or the Veterans Administration:

Annexation of additional property not described in said Exhibit

•s•, dedication of Common Area, an Amendment to this Declaration

of Covenants, Conditions and Restrictions. .~

IN WITNESS WHEREOF, THE OWEI-!S CORPORATION, has caused "'-. ..

this instrument to ·be executed this ____ day of October, 1985.

THE OWENS CORPORATION

By: STANLEY A. OWENS, JR., President Declarant & Party of the First

Part

OWENS BROOKE HOMEOWNERS ASSOCIATION, INC.

By: President

103

l

STATE OF VIRGINIA

COUNTY OF FAIRFAX

DENNIS M. GRIFFITH, Trustee

MICHAEL J. SYK~S, Trustee

SOVRAN BANK, Successor to Virginia National Bank, Benefici~ry

By:

to-wit:

The foregoing instrument was acknowledged before me this day of October, 1985, by STANLEY A. OWENS, JR., President of THE OWENS CORPORATION.

Notary Public

My Commission Expires:

STATE OF VIRGINIA to-wit:

COUNTY OF FAIRFAX

The foregoing instrument was acknowledged before me this day of October, 1985, by STANLEY A. OWENS, J~., President of OWENS BROOKE HOMEOWNERS ASSOCIATION, INC.

Notary Public


104

t '

STATE OF VIRGINIA

COUNTY OF FAIRFAX to-wit:

The foregoing instrument was acknowledged before me this day of October, 1985, DENNIS M. GRIFFITH and MICHAEL J. SYKES, Trustees of the corporation.


STATE OF VIRGINIA

COUNTY OF FAIRFAX

) ) )

Notary Public

to-wit:

The foregoing instrument was acknowledged before me this day of October, 1985, Vice President of Sovran ~ank, successor to Virginia National Bank.

Notary Public


105

November 27, 2017

SUP#2018-03 Youlen Enterprises

To whom it may concern,

The Owens Brooke Homeowners Association previously submitted in writing that the special use

permit requested by Youlen Enterprises, Inc. for the purposes of dealing, manufacturing, and

assembling firearms would not abide by the Governing Documents of the Association. The

dwellings are intended to be used as residential units only, pursuant to Article V, Section 1 of the

Owens Brooke Declaration, “LAND USE & BUILDING TYPE: No lot shall be used except for

residential purposes.” The representative also mentions that there is available parking for the

business customers. The community faces severe parking issues as is, without the added traffic

of business. The Association has been in constant contact with Mr. Burke of public works and

several members of the police department to help find solutions to the parking complications that

are currently faced. It is very certain that the other residents within the court would not want the

added vehicles using parking spaces within the court.

The Association operates with the best interest of all residents in mind, and we have received

calls from several concerned neighbors regarding the operation of this business within this home.

As the representative for the Association, we are asking that the special use permit is not granted.

The President of Owens Brooke HOA attempted to cordially speak with the representative of

Youlen Enterprises, but was not able to successfully communicate with him. It was the wish of

the Board of Directors to find a common ground with Youlen Enterprises and approach the City

of Manassas together, but the company was not willing to do so.

The consideration from the Governing Body is appreciated.

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From: Michael YoulenTo: PlanningCommissionCc: Matthew Arcieri; Kelly DavisSubject: Preparedness SUP 2018Date: Wednesday, November 01, 2017 11:54:33 PM

Dear Planning Commission/Members Present/Participating:

After watching some of you look clueless & then ‘rubber stamp’ undoubtedly tens of thousands of dollarsin construction business for two other SUPs tonight, I find it shocking that you couldn’t comprehend theaspect of someone coming over to my home to pick up a product they purchased in an online auction. Imean after all you’ve approved abortion clinics, porno shops, and millions of dollars in building projectsover the years, but you need a legal opinion to approve a home based business? I didn’t quite catchwhat the legal opinion was for? I have high hopes that you will ask ‘Super lawyer’ Mr. Crim for histhoughts on the most obvious to any unbiased objective observer. What’s perplexing is that a lawyer, orat least she advertises as such, is one who made such a motion to have the very basic tenants of lawexplained to her once again. This information was already provided to you many weeks in advance,including current Virginia Case Law. If Mr. Crim is unconvincing I’d be happy to setup a legaldemonstration with private counsel where they can put on a power point presentation for you all. Pleaseshow up prepared next time, as I like anyone else in this world do not enjoy having my time wastedaway from business and family to deal with shear stupidity.

Very Truly Yours,

Michael Youlen

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mailto:[email protected]




Planning Commission Minutes – November 1, 2017 Page 5 Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY. Planning Commission Further Discussion None Ms. Wilson motioned to recommend approval of SUP #2018‐01 as submitted. Ms. Trautwein seconded the motion. Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY. SUP #2018‐03 10239 Foxborough Court Youlen Enterprises, Inc. (Mr. Harrison recused himself from this case due to comments made publicly by the applicant regarding his past and present campaign for City Treasurer.) Ms. Davis stated that the applicant is proposing a special use permit for a Home Business in the existing dwelling located at 10239 Foxborough Court allowing customers to pick‐up products at the applicant’s home. The applicant is currently licensed by the Bureau of Alcohol Tobacco & Firearms for the dealing, manufacturing and assembling of firearms. The property is zoned R‐2, Moderate Density, Single‐Family Residential and is designated as a Suburban Neighborhood in the City of Manassas Comprehensive Plan. Ms. Davis also stated that the request, with the proposed SUP conditions and performance measures, is not anticipated to have a negative land use impact on the existing patterns of development. Staff recommended approval of SUP #2018‐03, as conditioned dated October 27, 2017. Planning Commission Discussion for Staff None

Mr. Harrison Y

Mr. Johnson Y

Chairman Clark Y

Mr. Thompson Y

Ms. Trautwein Y

Ms. Wilson Y

Ms. Wilson Y

Ms. Trautwein Y

Chairman Clark Y

Mr. Harrison Y

Mr. Johnson Y

Mr. Thompson Y

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Planning Commission Minutes – November 1, 2017 Page 6 Applicant, Michael Youlen, stated that his online business does not cater to citizens of the City of Manassas nor Prince William County. However, without the ability for local customers to pick up their purchases from his home, he must instead complete a dealer‐to‐dealer transaction with Virginia Arms and the client would pick the item up from there. He finds this defeated the purpose of being a licensed dealer. Planning Commission Discussion for the Applicant

Regarding whether there is an option of shipping the firearms to the client rather than coming to his home, since his business is prohibited by his HOA, the applicant stated that the HOA does not bar home businesses, and that the majority of his business is online purchasing but occasionally someone that lives in this area will make a purchase and will need to pick up their item. The applicant also stated that the shipping a firearm to an unlicensed person is prohibited and requires the dealer to perform a background check.

CITIZENS’ COMMENT

Richard Kirk, Owens Brooke HOA President, stated that he had concerns regarding the SUP and asked if he could be allowed more time to look into the matter before it is approved. Mr. Youlen stated that this application is for the City of Manassas for a home business license and has nothing to do with the HOA. Ms. Wilson asked Mr. Kirk about the HOA governing document regarding homes being used as residential purposes only. Mr. Kirk stated that he was not contacted by the applicant regarding the home based business, and he needs more time before making a decision.

Ms. Wilson motioned to close the public hearing. Ms. Trautwein seconded the motion. Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY. Planning Commission Discussion

Chairman Clark reminded the Planning Commission that this case is about land use and nothing else, and the City does not enforce the rules and regulations of the HOAs in the City.

Ms. Trautwein motioned that the Planning Commission defer action on SUP #2018‐03 until December 6, 2017, to seek consultation with legal counsel retained by the City regarding specific legal matters requiring the provision of legal advice by such counsel. Ms. Wilson seconded the motion.

Ms. Wilson Y

Ms. Trautwein Y

Chairman Clark Y

Mr. Johnson Y

Mr. Thompson Y

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Planning Commission Minutes – November 1, 2017 Page 7 Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY. Monthly Updates – Pending Land Use Cases Mr. Arcieri informed the Commission of the approved and pending land use cases. ADJOURNMENT Ms. Wilson motioned to adjourn the meeting. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE and the meeting was adjourned at 8:33 p.m. _________________________________________________ ________________ Harry Clark, Chairman Date _________________________________________________ ________________ Donna Bellows, Planning Commission Clerk Date

Ms. Trautwein Y

Ms. Wilson Y

Chairman Clark Y

Mr. Johnson Y

Mr. Thompson Y

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DRAFT

MINUTES City of Manassas

Planning Commission Public Hearing Meeting

December 6, 2017 – 7:00 p.m.

Members Present: Harry Clark – Chairman Ken Johnson – Vice‐Chairman Russell Harrison Robert Schilpp Bill Thompson

Elaine Trautwein Martha Wilson

Members Absent: None

Staff: Matthew Arcieri – Planning & Zoning Manager Kelly Davis – Senior Planner

Donna Bellows – Boards and Commissions Clerk

CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

DETERMINATION OF A QUORUM Clerk took the roll, and a quorum was determined.

Mr. Johnson moved that the Planning Commission convene in closed session to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel as permitted by Virginia Code 2.2‐3711 Paragraph A (8) Part 2 for which the Virginia Freedom of Information Act permits discussion in closed session. Ms. Wilson seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY. The Planning Commission came out of closed session at 7:30 p.m.

Mr. Johnson Y

Ms. Wilson Y

Chairman Clark Y

Mr. Harrison Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Trautwein Y

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Planning Commission Minutes – December 6, 2017 DRAFT - Page 2 Mr. Johnson moved that the Planning Commission certify that, in the closed session just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information Act cited in the motion. Ms. Trautwein seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY.

APPROVAL OF MINUTES – November 1, 2017 Mr. Johnson motioned to approve the minutes as submitted. Mr. Harrison seconded the motion. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE.

CITIZENS’ COMMENT TIME (other than agenda items) No citizens came forward to speak.

OTHER BUSINESS

SUP #2018‐03 Youlen Enterprises, Inc. 10239 Foxborough Court

On November 1, 2017, a public hearing was held on SUP #2018‐03. During this time, the Planning Commission voted to close the public hearing. Action was deferred until tonight’s meeting in order to seek consultation with legal counsel retained by the City regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Harrison also continued his recusal from this case.

Mr. Thompson motioned to recommend approval of SUP #2018‐03 as submitted. Mr. Johnson seconded the motion.

Roll Call by Clerk:

The MOTION PASSED UNANIMOUSLY.

Mr. Johnson Y

Ms. Wilson Y

Chairman Clark Y

Mr. Harrison Y

Mr. Schilpp Y

Mr. Thompson Y

Ms. Trautwein Y

Mr. Thompson Y

Mr. Johnson Y

Chairman Clark Y

Mr. Schilpp Y

Ms. Trautwein Y

Ms. Wilson Y

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Planning Commission Minutes – December 6, 2017 DRAFT - Page 3 Mr. Johnson thanked the staff and City Attorney for helping the Planning Commission in the matter of SUP #2018‐03.

2018 Draft Planning Commission Calendar Planning Commission approved the calendar as submitted.

Monthly Update – Pending Land Use Cases Mr. Arcieri informed the Planning Commission of the approved and pending land use cases.

ADJOURNMENT

Mr. Harrison motioned to adjourn the meeting. The MOTION CARRIED UNANIMOUSLY BY VOICE VOTE and the meeting was adjourned at 7:40 p.m. _________________________________________________ ________________ Harry Clark, Chairman Date _________________________________________________ ________________ Donna Bellows, Planning Commission Clerk Date

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PLANNING COMMISION RESOLUTION

Re: SUP #2018-03, You len Enterprises, Inc. 10239 Foxborough Court

WHEREAS, the City of Manassas Planning Commission held a public hearing for Special Use Permit #2018-03 on November 1, 2017, to allow a home business; and

WHEREAS, the Commission has heard from the City staff, and the public with regards to this land use matter; and

WHEREAS, approval of the special use permit is not projected to have a detrimental impact on the character and development of adjacent land, provided the reasonable recommended conditions are followed; and

WHEREAS, the appl ication is found to be consistent with the Comprehensive Plan and compatible with existing, adjacent land uses and patterns of development.

NOW THEREFORE BE IT RESOLVED, that the Planning Commission hereby RECOMMENDS APPROVAL of SUP #2018-03, as conditioned.

Chairperson

Date

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