OFFICIAL MINUTES OF THE REGULAR MEETING OF THE MANASSAS PARK GOVERNING BODY HELD ON TUESDAY, MARCH 19, 2013 AT 7:00 PM AT MANASSAS PARK CITY HALL, ONE PARK CENTER COURT, MANASSAS PARK, VIRGINIA
1. Roll Call: Frank Jones, Mayor
Keith Miller
Suhas Naddoni
Preston Banks
Brian Leeper
Jeanette Rishell
Absent: Bryan E. Polk, Vice Mayor
Staff Present: Lana A Conner, City Clerk
Dean Crowhurst, City Attorney
James Zumwalt, City Manager
1. Approval of Agenda:
MOTION: Councilmember Rishell moved to approve the Agenda with removal of Item 10 Closed Meeting
SECOND: Councilmember Miller
VOTE: Unanimously passed
2. Moment of Silence/Pledge of Allegiance: Councilmember Miller
3. Citizens Time: None
3a. Proclamation: March 2013 Intellectual Disability Awareness Month:
MOTION: Councilmember Leeper moved to proclaim March 2013 Intellectual Disability Awareness Month.
SECOND: Councilmember Miller
Ms. Jacqueline Jackson Turner, Program Manager, arrived after the Proclamation was presented and a copy will be sent to her office.
VOTE: Unanimously passed
4. Presentations:
4a. Superintendent of Schools: Recognize Students:
Dr. Bruce McDade, Superintendent, Manassas Park City Schools wanted to let everyone know that school was not held today because one of NOVEC power lines poles was hit by a truck knocking the power out. It has been restored and school will resume tomorrow.
They are here to recognize individuals and honor their achievements both inside and outside the classrooms.
Eric Neff, Principal, Manassas Park Middle School:
He stated that on February 9, 2013, the Manassas Park Middle School robotic teams hosted the Prince William central region qualifier. They hosted over 40 teams from Prince William County, Manassas City, home school team and Manassas Park (3 teams). This was an all day event. He is pleased that one of our teams was recognized for their design award. He introduced the robotics team:
John Williams, Noah Grady, Thien Vu. Ryan Naddoni, and Ilyas Saltani. Payton Rhodes could not be here tonight.
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This team was selected to attend the national competition in Anaheim California that will be held in April
Their coach Travis Bower started the robotics program over three years ago in order to help students become more interested in science, technology, math and engineering. It is a fabulous program. Mr. Bower was selected by his peers throughout the region as Robotics Mentor of the year. This is the second year that Manassas Park Middle School has had a team qualify.
Members of the robotic team gave a demonstration on their robot.
They will be competing with other schools as well as schools from other nations.
Many of these students when they get to the high school level will transition from VEX to Sea Perch.
Dr. McDade thanked the City for allowing them to use the community center for their underwater robotics. Their robotics program will be in all four schools next year.
Eric Doyle, Principal, Manassas Park High School: Recognitions:
State Wrestling Champions:
Isaiah Baker – 2013 Single A 160 pound Virginia State Champion, Senior on wrestling team for three years, Season win – loss record of 24 – 3, his interest is in athletic training, wants to attend College. He is accompanied tonight by his parents Jon & Tina Kopczynski
Cory Jenkins – 2013 Single A 220 pound Virginia State Champion. Junior on wrestling team for three years. Season win – loss record of 33 – 1. Corey and his father (Craig Jenkins) both won State Titles for MPHS. A First! Wants to attend College. He is accompanied tonight by his parents Greg & Linda Jenkins
All State Band Drake Stoughton – 1st Chair Alto Sax All State Band. Junior playing in band since 5th grade. Principal’s or Superintendent’s Honor Roll throughout HS. Earned an Academic Letter two years. Studies with Dr. Tim Reynolds, ret. United States Navy Band Principal Saxophonist, currently at Shenandoah University. Pursuing opportunities at the Eastman School of Music (Rochester, NY) possibly this summer and potential collegiate study. He is accompanied tonight by his parents Randy & Maria Stoughton
Service Academy Appointment: Jacob Williams – Appointment to West Point Military Academy. Senior at Governor’s School at Innovation Park. Member of the MPHS Governor’s School advisory committee. Principal’s Honor Roll 7 times. Earned an Academic letter three years. He is Captain of the track team. He is a DAR Good Citizen. Member of Beta, NHS, & STEM Robotics. He is accompanied tonight by his parents John & Audrey Williams
These are four of the outstanding 810 students at Manassas Park High School.
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5. Public Hearing: CUP#13-11, The Luxe Events: Applicant: Do Family Estates:
The Mayor opened the Public Hearing at 7:18 pm.
This proposal is requesting a conditional use permit to allow “live entertainment” and two billiard tables within the existing by-right restaurant. The live entertainment element will consist of a karaoke machine, DJ set-up, bands, and dancing. Another offering for this establishment will be the opportunity for private parties, i.e. wedding receptions, birthday parties, showers, etc. The General Manager is also a DJ.
The tenant space is located at 8490 Centreville Road in the Manassas Park Shopping Center, which is between Old Centreville Road and Manassas Drive. It was formerly Majestic Fun.
They can still hold private parties, receptions, etc at this location while the restaurant is open. The site is designated as Commercial in the Comprehensive Plan and is located in the B-2 General Business zoning district. In the B-2 zoning district the restaurant is a permitted use but live entertainment requires a Conditional Use Permit. The CUP application is consistent with the Commercial designation in the Comprehensive Plan. This business has an alcohol license.
The owner/applicant has agreed to be in continual contact with a Police Department representative to provide information in advance for special events.
The conditions should be dated March 12, 2013 because there were minor changes made during the Planning Commission meeting.
The Planning Commission heard this application in public hearing on March 11, 2013 and recommends approval of Conditional Use Permit, CUP #13-11, The Luxe Events, subject to the conditions dated March 7, 2013 to the Governing Body.
Hours of Operation - Hours of operation shall be limited to the hours between 11:00 a.m. and 2:00 a.m. for the Restaurant, to the hours between 11:00 a.m. and 1:30 a.m. for the Billiard Tables, and to the hours of 9:00 p.m. to 1:30 a.m. for the Band Area, the DJ Set-up and the Karaoke Machine, seven (7) days a week.
Security Plan - The uses permitted by this CUP shall not commence until a security plan, detailing operating procedures and policies, has been submitted to the City Manager. The security plan provided to the City Manager must have been prepared in conjunction with the Manassas Park Police Department (“MPPD”) and approved by the Chief of Police, and must be specifically tailored to address the issues outlined in security plan each of which shall be subject to enforcement action by members of the Manassas Park Police Department and/or regional drug task forces without interference from the applicant or the owner(s) or employees of the business: This security plan is almost identical to the El Espino Restaurant located in the shopping center.
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The Mayor stated he talked with the Chief of Police tonight and the Chief stated the curtains are too tall and he would like to see them about four feet tall. Some type of shading of the window would be okay as long as they can see inside the premises. We need to have the ability to have observation from outside. At some point, a police officer will have to go into the building for a response for service of some nature. We need to have the ability to see in before entering the premises.
The City Attorney stated #4d: conditions: the security plan must adequately address the visibility into the establishment.
The applicant has agreed to give the police department access to their cameras through a phone application where they can see inside the building before entering with the live feed being sent to police department. The Mayor stated that is a good mitigation. The applicant stated they are going to remove the curtains and replace with film.
The Chief’s second concern was given past experience; we would go six months into the Conditional Use Permit as it is a year by year process. Go six month in and look at the calls for services in the administrative review to see the level of calls. If there was a need to bring back to the Governing Body at that point it could be looked at a year and annually thereafter as the CUP would be renewed. The Mayor would like this written into the security conditions. The City Attorney stated right now there is an annual administrative review. The Mayor stated within the first year there would a review of calls for service at the six month mark and coincidental with the annual review.
The applicants will remove the curtains and put up some type of film. They will allow the chief to approve film before purchase.
Citizens: There were no citizens wishing to address this Public Hearing.
MOTION: Councilmember Naddoni moved to close Public Hearing at 7:30pm.
SECOND: Councilmember Leeper
VOTE: Unanimously passed
The City Attorney will send the new language out to Governing Body. The Mayor stated the intent of the changes is very clear as outlined above regarding window covering and annual administrative review.
5a. Ordinance 13-1700-939:
MOTION: Councilmember Miller moved to accept recommendation of Planning Commission and approve Conditional Use Permit #13-11, The Luxe Events, with noted amendments outlined above.
SECOND: Councilmember Naddoni
VOTE: Unanimously passed
The City Planner introduced the owner and general manager of The Luxe Event.
The Governing Body has been provided with a copy of the Capital Improvements Program. If anyone has any questions contact Ms. Watson.
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6. Consent Agenda:
6a. Approval of Minutes: February 26, 2013 and March 5 2013
6b. Fourth Quarter Appropriations 2013
(1) City:
General Fund $ 8,664,669
Water & Sewer Fund $ 1,812,212
Solid Waste $ 215,727
Bull Run ASAP $ 308,265
(2) Schools:
Operating $8,613,166
Food Services $ 371,666
Medical Trust $ 1,250
MOTION: Councilmember Leeper moved to approve consent agenda as presented.
SECOND: Councilmember Rishell
VOTE: Unanimously passed
7. Unfinished Business: No Unfinished Business
8. New Business:
8a. Bond Counsel Disclosure Agreement for Bond Refunding:
MOTION: Councilmember Naddoni moved to approve letter dated February 28, 2013 giving consent to McGuire Woods continuing to serve as bond counsel to the City, VRA and VPSA.
SECOND: Councilmember Leeper
In addition to serving as bond counsel to the City, McGuire Woods LLP serves as bond counsel to the Virginia Resources Authority and serves as bond counsel to the Virginia Public School Authority on certain bond issues. They do not serve as general counsel to these organizations and each entity is represented by its own counsel. They do not believe their role as bond counsel creates any real adversity.
The City Attorney stated this is very common but what is not included in this letter is the fact that if the city is ever adverse in any of the parties that bond counsel represents we will terminate them. We can deny them the ability to represent either of the other two parties and likewise the other two parties can do the same for us. Bond counsel in this case would have to bow out entirely.
VOTE: Unanimously passed
8b. UOSA Disclosure Agreement for Bond Refinancing:
Upper Occoquan Sewage Authority proposes to take advantage of current low interest rates and reduce its costs by refinancing of bonds. Since our sewer service payments provide the money that helps cover their bond payments, they need a promise from the city that we will disclose our finances to Upper Occoquan Sewage Authority for investors who buy Upper Occoquan Sewage Authority bonds. The city has executed similar agreements with Upper Occoquan Sewage Authority for prior bond issues.
MOTION: Councilmember Naddoni moved to authorize the Mayor to execute the Disclosure Agreement.
SECOND: Councilmember Leeper
VOTE: Unanimously passed
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8c. Employee Health Insurance Renewal with The Local Choice (TLC): Maggie Kain, Director of Human Resources:
The city participates in the State’s health benefits program, as promulgated in Chapter 20 of the State of Virginia Administrative Code. The Local Choice has presented to the City its Plan for FY2014.
Premium health increase cost to the city is $59,472. This is the renewal of health insurance for city employees beginning July 1, 2013, and further authorizes the City Manager to sign the renewal. There is a small increase to premium for Anthem insurance because of the affordable care act and the cost impact of that. There is a reduction in premium for Kaiser but the co-pay and limits are going up.
MOTION: Councilmember Naddoni moved to approve renewal of health insurance for city employees beginning July 1, 2013 as presented and further authorizes the City Manager to sign the renewal.
The Mayor asked the Director of Human Resources if McNeary could give the city some experienced based information they have on file that would give us a feel for how the rate structure compares to some other localities.
SECOND: Councilmember Rishell
Councilmember Banks stated when the city looks at changing health care providers they must look closely on how that affects the employees on things such as having to switch doctors, etc.
VOTE: Unanimously passed
8d. Resolution: Metropolitan Washington Council of Governments: Councilmember Naddoni:
COG approved a resolution adopting the position of the International Association of Chiefs of Police (IACP) regarding the prevention of gun violence. COG believes that the necessary resources should be devoted to determining and addressing the causes of such violence, and laws and policies should be established in consideration and furtherance of those goals.
Councilmember Naddoni is recommending that the city support the MWCOG Resolution dated March 13, 2013. Councilmember Naddoni believes that most police departments support it. He voted in favor of the Resolution on behalf of the City.