CPY Document - City of Manassas

Transcription

AGENDA
REGULAR MEETING AND PUBLIC HEARINGS
OF THE CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
MANASSAS, VIRGINIA
MONDAY, OCTOBER 18, 2004
5:30 P.M. ORDER OF BUSINESS
CALL TO ORDER
ROLL CALL
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
PAGE
CITY ATTORNEY REPORT
CITY MANAGER REPORT
. Virginia Municipal League 2004 Award.
. Manassas Visit by the Federal Communications Commission
Chairman Michael Powell and the Federal Energy Regulatory
Commission Chairman Patrick Henry Wood, III.
CHIEF OF POLICE REPORT
COUNCIL TIME
MAYOR TIME
CONSENT AGENDA
ACTION ITEMS
All matters listed under the consent agenda are considered to be routine by
the City Council and wil be enacted by one motion in the form listed.
There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and
considered separately.
1.
Approve City Council minutes of special meeting and public
hearings of September 20, regular meeting of September 27 and
special meeting of September 29, 2004.
2.
Consideration of a Traffic Flow Plan for SP #03-03, Seton School
pursuant to Condition #16 of Special Use Permit #2004-11. (Staff:
Elizabeth Via, Community Development Director.)
7
Agenda, October 18, 2004
Page 2
3.
Consideration of Memorandum of Lease and Collateral Assignment
of Franchise between FlightWorks, Inc., Aviation Constructors
19
Limited and the City of Manassas and authorize the Mayor to sign
the documents. (Staff: Juan Rivera, Airport Director.)
4.
Consideration of Resolution #2005-11-R to transfer $1,460 from
the Police Department to Information Technology for purchase of
39
color printer for the Patrol Division. (Staff: Pat Weiler, Finance
Director.)
5.
First reading of Ordinance #2005-29-0 to amend the FY 2005
Budget by budgeting and appropriating $348,480 in Airport Land
Proceeds Funds to Construct a Storage Building for Airport
41
Equipment and MateriaL. (Staff: Juan Rivera, Airport Director.)
6.
First reading of Ordinance #2005-30-0 to amend the FY 2005
Budget by budgeting and appropriating $3,968 Carryover Funds
47
from FY 2004 for the Disability Services Board. (Staff: Pat Weiler,
Finance Director.)
7.
First reading of Ordinance #2005-32-0 to transfer Payment-in-Lieu
of taxes in the Water, Sewer and Electric Funds and to budget and
51
appropriate $53,000 in the Equipment Fund to purchase a miniexcavator for the Utilities Department. (Staff: Allen Todd, Utilities
Director.)
8.
First reading of Ordinance #0-2005-07 to repeal Section 78-312 of
the Code of Ordinances, City of Manassas relating generally to
curfew for minors. (Staff: John Skinner, Chief of Police.)
9.
Second reading of Ordinance #2005-23-0 to amend the FY 2005
Budget by budgeting and appropriating $2,000 from Prince Wiliam
66 Partnership for Economic Development Purposes. (Staff:
Lawrence Hughes, City Manager.)
10.
Budget by budgeting and appropriating $21,361 contribution from
Gregory's Grove Subdivision for Road Frontage Improvements and
Storm Sewer Construction. (Staff: Mike Moon, Public Works
Director.)
11.
Budget by budgeting and appropriating $5,546 for Litter Control
Grant. (Staff: Mike Moon, Public Works Director.)
59
Page 3
12.
Budget by budgeting and appropriating $8,575 of Stormwater
Escrow Funds for Sumner Lake Traffic Circle Underdrain System.
(Staff: Mike Moon, Public Works Director.)
13.
Budget by budgeting and appropriating $8,963 from the Virginia
Department of Aviation and transferring $996 from the Airport Fund
for Increases to the Airport's Security Grant. (Staff: Juan Rivera,
Airport Director.)
14.
Budget by budgeting and appropriating $133,612 from Law
Enforcement Terrorism Prevention Grant (LETPP). (Staff: Steve
Bamford, Police Captain.)
15.
Second reading of Ordinance #0-2005-06 for rezoning REZ
#2004-08, Manassas Ice and Fuel Company to rezone 0.95 acres
at 9604 Cloverhill Road from A-1, Agricultural to R-2-S, Single
family residential dwellings. (Staff: Yvonne Conatser, Senior
Planner.)
16.
(Reserved for any item to be added)
SUGGESTED MOTION #1:
"I move that Items #, # and # be removed from the Consent
Agenda and be added as Items #, # and #, respectively, and that
the remaining Consent Agenda items be approved as it now
appears and the readings of the ordinances be dispensed with".
SUGGESTED MOTION #2:
"I move that the consent agenda be approved and the readings of
the ordinances be dispensed with".
ORDINANCES AND RESOLUTIONS
17.
ACTION ITEM - Consideration of Resolution #R-2005-46 opposing
an off-track gambling facility in the City of Manassas Park. (Staff:
Douglas Waldron, Mayor.)
18.
(Reserved for changes from consent agenda)
19.
UNFINISHED BUSINESS
5 minutes
61
Page 4
A.
Staff Items (Less than three minutes each)
B.
Other Items
20.
21.
NEW BUSINESS
A.
Staff Items (Less than three minutes each)
B.
Other Items
22.
23.
ACTION ITEM - Consideration of designation of a City
5 minutes
representative to the Tri-County Parkway Advisory Task Force.
(Staff: Mike Moon, Public Works Director.)
65
Consideration of presentation by Steve Nelson, Legislative
5 minutes
Committee Chair of the Prince William Greater - Manassas
Chamber of Commerce of a resolution from the Chamber
69
supporting several City projects. (Staff: Debi Sandlin, Economic
Development Manager.) TIME CERTAIN: 7:00 P.M.
24.
ACTION ITEM - Consideration of feasibilty review of lot creation
10 minutes
by vacating certain public roadway stubs in the City along
71
Stonewall Road. (Staff: Mike Moon, Public Works Director.)
25.
26.
AWARDS, ACKNOWLEDGMENTS AND PRESENTATIONS
TIME CERTAIN 7:15 P.M.
27. Recognition of the Volunteers and Contributors for the Manassas
Veteran's MemoriaL. (Staff: Roger Snyder, RWS Consulting.)
10 minutes
Consideration of Commendation for James E. Lesnick, former Fire
5 minutes
Chief of the Manassas Volunteer Fire Company. (Staff: Mike
83
28.
Rohs, Captain, Fire Department.)
29.
30.
81
Page 5
CITIZENS' TIME
lTIME CEBIAIN 7:30 P.M.l
31.
The citizens' time portion of the agenda is set aside for those
citizens who wish to address the Council for less than three
minutes each. Citizens need not give prior notice to the City to
speak during the citizens' time portion of the agenda. Citizens may
address the Council for longer than three minutes if they ask the
City manager for a place on the agenda at least four working days
before the meeting.
PUBLIC HEARINGS
TIME CERTAIN 7:30 P.M.
32.
Public Hearing to consider rezoning request REZ #2005-01,
10 minutes
Sumner Lake Homeowners Association, to amend proffer #29 to
85
remove the requirement of designating all pipestem driveways as
fire lanes. (Staff: Yvonne Conatser, Senior Planner.)
33.
Public Hearing to consider Architectural Review Board appeal
30 minutes
Case #2004-44, NVP, Inc. for the construction of a new residential
103
structure at 9009 - 9011 Grant Avenue. (Staff: Elizabeth Via,
Community Development Director.)
CLOSED MEETING
34.
35.
ACTION ITEM - Consideration of a resolution authorizing a closed
meeting on subjects in accordance with the amended Freedom of
Information Act.
ACTION ITEM - Consideration of a resolution certifying that the
closed meeting was conducted in conformity with Virginia Law.
ADJOURNMENT
30 minutes
129
(0
AGENDA STATEMENT
Page No.
'7
Item No.
~
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent
AGENDA ITEM TITLE:
Approval of a Traffc Flow Plan for SP#03-03 Seton School pursuant to
Condition #16 of SUP#2004-11.
DATE THIS ITEM WAS
LAST CONSIDERED
BY COUNCIL:
May 24,2004 (Approval of SUP#2004-11)
SUMMARY OF
ISSUEITOPIC:
SUP#2004-11, approved by the Manassas City Council, included a
condition, #16 that requires the City Council to approve a traffc flow plan for
student drop-off/pick-up at the time the site plan for the new middle school is
submitted to the City for approval. The site plan is currently under review by
City staff.
STAFF
RECOMMENDATION:
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
CITY MANAGER:
Approval of the Traffc Flow Plan submitted by Seton SchooL.
Staff Transportation Committee
--Approve _Disapprove _See Comments
~pprove _Disapprove _See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
The Traffc Flow Plan (attached) was reviewed and approved by the City's
Staff Transportation Committee. That committee includes representation
from Public Works, Police and Community Development as well as the City
Manager. See the attached memorandum from the Director of Public
Works.
BUDGET/FISCAL
IMPACT:
N/A
STAFF:
. Via, AICP, Director, Community Development, 257-8224
ESV /CC/SitePlans/SP04-70SetonSchool.doc
If Council members have questions, you are urged to call the staff person who prepared this agenda statement prior to Council meeting.
g
CITY OF MANASSAS
Public Works Administration
Interoffice Memorandum
October 12,2004
MEMO TO:
FROM:
SUBJECT:
The City's Staff Transportation Committee approved the Seton School Traffic Plan at
the October 11, 2004 meeting as outlined in the attached documents.
The STC has reviewed the intersections and determined no additional signage is
necessary at Fairview Avenue/Quarry Road and Maple Street/Quarry Road.
Should you have questions, please contact me.
MCM/sjt
Attachment
Seton School
Phone: (703) 368-3220
9314 Maple Street
Manassas, VA 20110
9
Seton School
Student drop-off / pick-up Traffc Flow Plan
for
Middle School Buildinf!
(Revised - 11 Oct 2004)
Seton School establishes this plan in order to facilitate the safe and efficient pickup and drop-off of students who attend the new Seton School Middle School facility to
open in the Fall of2005. By opening this new facility, Seton will help to alleviate traffic
pressure which builds up each mornng and afternoon at the existing school across the
street. We will, in effect, double the capacity of the school to bring students in and out of
the school because we will add this new pick-up and drop-off area without any increase
in the existing school population of 350. This limit has been in effect for some time and
will not change with the opening of
the new school building.
Traffic Flow:
Traffic moving to the Middle School facility will move South on Maple Street
(from Intersection of Quary & Maple Street) and enter the main parking lot, which will
maintain a one-way flow of
traffc (see attached Sketch). Two lanes ofvehic1es will
move though the main parking lot and pick-up or drop-off students, and proceed out of
the main parking lot and tur right (North) onto Fairview Avenue. This traffc will be
under the direction of faculty members and parent volunteers acting as traffic
monitors/crossing guards, (much as we do now, and will continue to do with the
hour prior to the star of
the
existing school). They will be on duty at least one half
lunch periods, and 10
school day to 5 minutes past the star ofthe school day, during all
minutes prior to the end of
the school day to 20 minutes past the end of
the school day.
Traffic Monitors / Crossinf! Guards:
A total of 3 crossing guards/traffic monitors over the age of 18 wil be posted at
three locations (see attached aerial map). The first crossing guard/traffc monitor will be
posted in the vicinity of the intersection of Quary Road and Maple Street at the entry to
the existing school parking lot. A second crossing guard/traffic monitor wil be posted at
the exit from the Main Parking Lot of
the new school onto Fairview Avenue. A third
crossing guard/traffic monitor wil be posted at the crosswalk/existing school parking lot
exit onto Quar Road/Fairview Avenue. These monitors/guards will be in position at
least one half
hour "'.ior to the star of
the school day to 5 minutes past the star of
the
school day, durn;";,, ~,unch periods, and 10 minutes prior to the end ofthe school day to
20 minutes past th',,~.j of
the school day. A list of crossing guards shall be provided to
Police
the Chief ofPolice.lhese crossing guards are subject to training as the Chief of
determines necessar.
(Continued on next page).
1
as of: 10/11/2004
10
Seton School
Phone: (703) 368-3220
9314 Maple Street
Manassas, VA 20110
Additional Clarifcations:
As discussed durng the 11 October, 2004 meeting at City Hall, and durng a
meeting of SGT B. K. Larkin and Mrs. Ane Caroll, Seton School Principal, at the
school, the week of 4 Oct, 2004, the following guidelines are added and agreed to:
a. There will be a staggered release time for the new and old school buildings to
prevent traffic from backing up on Maple Street.
b. Parents with children attending school in both buildings will stage and pick up at
the new building.
c. There wil be no left tur onto Fairview Avenue from the school parking lot and no
left tu from Maple Street into the drveway of the new building to avoid causing
congestion on Center Street.
d. In addition to the descriptions on the previous page concernng traffic
monitors/crossing guards, the following stipulations are added. Traffic
monitors/crossing guards wil be equipped with a unifonn with a traffic vest
provided by Seton SchooL.
e. The school will provide ample back up crossing guards in the event of sickness,
leave, etc.
f. The use of cones and volunteers/additional crossing guards wil assist with
vehicle flow and staging in the parking lot ofthe new building.
2
as of: 10/11/2004
II
~,
"
CONDITIONS
i~
SUP-2004-11
Seton School
May 5, 2004
The development and use of the designated propert shall be subject to the
fOllowing conditions in addition to zoning, subdivision, and Design & Construction
Standards Manual requirements.
1. Special Use Permit 2004-11 shall replace and supersede Special Use Permit
2001-11.
2.
The site for the expansion of the Seton School campus, located at 8909
Quarry Road, shall be developed in substantial accordance with the
generalized development plan (GDP) referenced and attached as Exhibit A.
The existing school campus at 9314 Maple Street shall be maintained in
substantial accordance with the GDP referenced and attached as Exhibit B.
3.
4.
Total enroirment for the entire campus shall not exceed 350 students.
The design of the expansion shall be in accordance with Exhibit C as
approved and granted a Certificate of Appropriateness by the Architectural
Review Board. Any future modifications to the school campus shall comply
with Zoning Ordinance Historic Overlay District.
5.
All exterior lighting shall be directed and shielded downward to prevent
ilumination of adjacent properties, and shall have a height no greater than 18
feet whether on poles or on buildings.
6.
Maple Street shall be rebuilt by the applicant to a curb, gutter, and sidewalk
cross-section along the frontage of the subject property on dedicated right-of-
way on the applicant's side of Maple Street.
7.
Public street lighting' shall be provided by the applicant. It shall be the acorn
design the same as that installed by the City in Old Town.
8.
All parking for each school building shall be provided on site and shall be
specifically designated on the site plan.
9.
There shall be no more than six events
per calendar
year
involving
attendance
of the majority of the entire school population.
The
applicant
shall
request
approval from the Chief of Police no less than 10 days prior to the event, and
if necessary, make arrangements for parking and traffic control. Approval in
writing shall be obtained from the Chief of Police prior to the event. '
10.
If provided, all outside play areas shall be surrounded by a fence a minimum
of 4 feet in height. The fence design shall be approved by the AR n, Drior to
construction.
11.
There shall be no use of an exterior public address or bell system.
12.
At least one crossing guard over the age of eighteen shall be provided by the
school and shall be posted at the intersection of Quarry Road and Maple
Street at least one half hour prior to the start of the school day to 5 minutes
past the start of the school day, during all lunch periods, and 10 minutes prior
to the end of the school day to 20 minutes past the end of the school day.
p:lplanlmat\pecial use permitslsup2004-11 Isup2004-11 conditionsrev1
,
--
13. A list of crossing guards shall be provided to the Chief of Police for emergency
purposes. These crossing guards are subject to training as the Chief of Police
determines necessary.
14. Crosswalks shall be marked at the intersection of Quarr Road and Maple
Street in accordance with the City Design and Construction Standard ManuaL.
15. The City Staff Transportation Committee shall study the intersections of
Fairview Avenue/Quarr Road and Maple Street/Quarr Roàd. The applicant
shall be responsible for the cost of additional stop signs if the Committee
determines that they are required.
16. The applicant shall submit a student drop-off/pick-up traffc flow plan at the
time of site plan submittal and such plan shall be approved by the City Council
along with the site plan. All student drop-off/pick-up activities shall occur onsite. Fire lanes, vehicular travelways, and public streets shall not obstructed
by parked or standing vehicles. The school shall enforce the plan with
appropriate penalties.
17. A copy of the special use permit conditions and the approved traffc flow plan
shall be distributed to every parent and/or guardian of a Seton School student
prior to the start of each school year.
18. Preservation of the historic district is crucial and buffering to surrounding
neighbors is of great importance. Therefore, the residential buildings at 8904
Center Street and 8908 Center Street shall be preserved and maintained with
outward appearances as single family residences.
19. The applicant is responsible for meeting all stormwater management
requirements whether by pro rata share or on-site retention as required by the
City Design and Construction Standard ManuaL. The Public Works Engineer
shall determine at the time of site plan if on site retention is required. .
20. A 10-foot utility easement shall be provided along all public street frontages.
The easement shall run parallel and contiguous with each right-of-way.
21. The expansion shall conform to the Uniform Statewide Building Code,
Americans with Disabilties Code, and the Statewide Fire Prevention Code.
22. Landscaping shall meet the City Design and Construction Standard ManuaL.
23. The use of this propert shall be in compliance with all federal, state, and local
~~££&i~i;ator :(l~,~~dæf
This signature certifies that these ;:;,nditions were approved by the Manassas City Council as
part of the above referenced Special Use Permit.
p:\plan\mat\special use permit5\sup2004-11\sup2004-11condilionsrev1
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AGENDA STATEMENT
Page No.
iq
Item No.
3
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent Agenda
AGENDA ITEM TITLE:
Approval of a Memorandum of Lease and Collateral Assignment of Franchise
between FlightWorks, Inc. and Aviation Constructors Limited in participation with
the City of Manassas.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
N/A
Airport Development Group desires to assign their interest and rights under their
Franchise Agreement to Aviation Constructors Limited in order to secure funding
for the construction of improvements required by the Franchise. The Franchise
states that any assignments must be first approved by the City.
The City Attorney has reviewed and approved the documents.
STAFF
RECOMMENDATION:
Approve the Memorandum of Lease and Collateral Assignment of Franchise
between FlightWorks, Inc., Aviation Constructors Limited and the City of
Manassas and authorize the Mayor to sign the documents on behalf of the City.
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
CITY MANAGER:
X Approve
x: Approve
Disapprove
Disapprove
See Comments
See Comments
COMMENTS: The Airport Commission approved the Memorandum of Lease and Collateral Assignment of Franchise at
their Regular Meeting on September 21, 2004 and recommends approval.
DISCUSSION
(IF NECESSARY):
FlightWorks, Inc. has decided to exercise its right to assign their Franchise under
Article 12 of the Franchise agreement. Any assignment must be approved by the
City Council in accordance with the Franchise. The assignees must accept all
provisions of the Franchise, but by approving the assignment, the City agrees to
the following: 1) grants its permission to allow the assignment, 2) subordinate all
interests, liens and claims against the borrower's leasehold estate to Lender's
security interest, 3) agrees to notify Lender in writing of any breach or default, 4)
gives the Lender a right to cure any breach or default, and, 5) agrees that all
administrators, successors and assigns of the City shall be bound by all
obligations under this Assignment.
BUDGET/FISCAL
IMPACT:
N/A
STAFF:
Juan E. Rivera, (703) 257-826~
If Council members have questions, you are urged to call the staff person who prepared this agenda statement prior to
Council meeting.
~o
Manassas
Regional
Airport
Commission
Motion:
Recommendation
Memorandum of Lease between the City of Manassas and
FlightWorks, Inc., and the Collateral Assignment of Franchise
between FlightWorks, Inc., Aviation Constructors Limited and
the City of Manassas.
Motion approved by Airport Commission: September 21, 2004
The Manassas Regional Airport Commission approved the
above listed motion in open session and makes the
following recommendation:
D Recommended for implementation/approval
æ( Recommended for City Council approval
D Recommended for City Council approval with the
following conditions:
Airpo, Commission Chairman
~/
MEMORADUM OF LEASE
the - day
THIS MEMORANDUM OF LEASE ("Memorandum") is made as of
of , 2004, by and between THE CITY OF MAASSAS, a body
corporate and politic, herein refen-ed to as the "Lessor" (index as Grantor), whose address
for these puroses is c/o Aiort Director, 9027 Center Street, Manassas, Virgia 20110,
and FLIGHTWORK. INC., a Georgia corporation herein refen-ed to as the "Lessee"
(index as Grantee), whose address is 500 TownPark Lane, Suite 350, Kennesaw, Georgia
30144.
RECITALS:
A. Lessor and Lessee have entered into a Franchise Agreement dated as of
Januar 1,2004 (the "Lease"), wherein the Lessor has agreed to lease and the Lessee has
agreed to rent that certai ground described in the Lease as Parcel N-l, containig
the Manassas Regional
approximately 2.3 acres (the "Premises"), comprising a portion of
Airport, located in the City of Manassas, Virgia, as the same is more paricularly
described by metes and bounds in Exhbit A attached hereto and made a par hereof by
ths reference.
B. Aviation Constructors Limited (the "Lender"), is makg a loan (the
"Loan") to Lessee to finance and assist Lessee in fuding the costs and expenses
the constrction ofbuilding(s) on the
Premises which shall house aircraft and operations offces, lounges, and maintenance
associated with the improvement of
facilities of
the Premises by
Lessee and/or its subtenants.
C. In conjunction with makng the Loan, Lender requires Lessee to grant to
the benefit of Lender a Collateral Assignent of Franchise with respect to the Premises,
and the Lessee shall also be required to make, execute, and deliver an assignent of its
right, title and interest under the Lease to the benefit of Lender. .
D. Consequently, Lender requies that the Lessor and Lessee acknowledge the
existence of the Lease in the land records and sumarze pertinent portons of the Lease
for puroses of notice and recordation.
NOW, THEREFORE, THIS MEMORANDUM OF LEASE WIESSETH that
in consideration of the Lease, and the sum of Ten Dollars ($10.00), cash in hand paid,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Lessor and Lessee do hereby give record notice of the following
provisions, right, covenants, tenns, and obligations between themselves under the Lease:
1. Pursuant to the provisions of the Lease herein above described, Lessor
shall lease the Premises as more paricularly described on Exhbit A attached hereto,
together with all rights, improvements, buildings, structues, and appurenances now or
hereafter constrcted on the Premises or appertainng thereto, to Lessee, and Lessee
1
~~
the conditions
agrees to rent and hire the same from Lessor for the term and subject to
contained in the unecorded Lease dated Januar 1, 2004, which Lease is incorporated
herein by ths reference.
2. The term of the Lease commenced on Januar 1, 2004, and wil end at
midnght on December 31, 2044. The Lease does not contain an option to purchase.
3. A right of
by Lessor to Lessee in Arcle 7 of
ingress and egress to the Premises though the airport is granted
the Lease.
4. The addresses of the Lessor and Lessee for purposes of wrtten notice
under the Lease are:
Lessor:
The Honorable Mayor
The City of
Manassas
Manassas Regional Airport
9027 Center Street
Manassas, VA 20110
With a copy to:
City of Manassas
Airport Director
Manassas Regional Aiort
P.O. Box 560
Manassas, VA 20108
Lessee:
FlightW orks, Inc.
500 Townark Lane, Suite 350
Kennesaw, Georgia 30144
Att: Mr.' Scott Beale
5. The tenns and provisions of
the Lease between the
Lessor and Lessee are
more fuly detailed and set fort therein, which Lease is incorporated herein by ths
reference. Infonnation regarding the Lease may be obtaied from either the Lessor or the
Lessee at the addresses provided above. Ths. Memorandum is a statement of some of the
provisions contained in the Lease and is not intended to in any way limit or detract from
the Lease to which it refers.
. IN WITNESS WHEREOF, Lessor and Lessee have caused this Memorandum to
be signed under their respective seals as of the day and year first above wrtten.
(Signatures on
following pages)
2
~3
LESSOR
THE CITY OF MAASSAS
By:
(SEAL J
Name:
Title:
COMMONWALTH OF VfGINIA
CITY/COUNTY OF
. to-wit:
I HEREBY CERTIFY, that on ths - day of , 2004, before me,
a Notaa Public of said jursdiction, personally appeared ,
who acknowledged himself to be the Mayor of The City of Manassas (the "City"), and
that he, as such offcial, being authorized so to do executed the foregoing Memorandum
öf Lease for the puroses therein contaied by signg the name of the City by himself as
such officiaL.
WISS my hand and notaral seal.
Notaa Public
My Commssion Expires:
APPR(iVED AB TO fO.",
~~~:~~~Yd~ ;
IJA!f1i
" \ ~4- . b-Cl~
3
d, '-
LESSEE:
FLIGHTWORK, INC.
a Georgia corporation
By:
(SEAL J
Scott Beale, President
COMJONWEALTH OF VfGINIA
CITY/COUNTY OF
, to-wit:
I HEREBY CERTIFY, that on ths - day of , 2004, before me,
a Notar Public of said jursdiction, personally appeared Scott Beale, in his capacity as the
proven)
to be the peron whose name is subscrbed to the foregoing instrent and acknowledged
President ofFlightWorks, hhc, a Georgia corporation, known to me (or satisfactorily
that he has executed the same for the puroses therein contaied.
WIESS my hand and notaral sea.
Notar Public
My Commission Expires:
4
~5
COLLATERA ASSIGNMENT OF FRCHISE
THIS ASSIGNMENT OF FRCHISE ("Assignent") is made effective as of the
_dayof ,2004, by and between FlightW orks, Inc., a Georgia
corporation, as grantor ("Borrower"), whose address is 500 Town Park Lane, Suite 350, Kennesaw,
Georgia 30 144; Aviation Constrctors Limited, aN evada limited liability company having its pIace
of
business at 10450 Shaker Drive, Suite 112, Columbia, Marland 21046, as grantee ("Lender"); ");
and THE CITY OF MAASSAS, a body corporate and politic, herein referred to as the "Ladlord",
.whose address is c/o The Airport Director, 9027 Center Street, Manassas, Virgia 20110.
Recitals of Fact
ths instrent:
The following recitals are a material par of
and Borrower have entered into a Franchise Agreement dated as of Januar 1,
A. Ladlord
2004 (the "Franchise"), wherein the Landlord has agreed to Franchise and the Borrower ( as Lessee)
has agreed to rent that certain ground described in the Franchise as Lot N -1, contaig
approximately 2.3 acres (as may be hereafter improved, the ground and all improvements and
buildings now existing or later constrcted thereon being herein the "Premises"), comprising a
portion of
the Manassas Regional Airport, located in the City of
Man
ass
as, Virgia, as the same is
more paricularly described by metes and bounds in Exhbit A attached hereto and made a par hereof
by this reference. The Premises is also referenced in the said Franchise as being LotN-l, on the
norteast side of
Manassas Regional Airport, City of
Manassas, Virginia.
B. Lender has made a commercialloan (the "Loan") to Borrower in the maximum pricipal
amount penntted to be outstanding of$2,300,000.00 to fiance and assist Borrower in fuding the
costs and expenses associated with the improvement of the Premises by the constrction of
building(s) on the Premises which shall house aicraft and the admistration and operations offce
and maintenance facilties of
alia, this Collateral Assignent of
land records of
Lessee in conducting its business. The Loan is to be secured by, inter
Franchise to be recorded with an Instrent Number among the
Price Wiliam County, Virginia (the "Assignent").
C. In conjunction with makg the Loan, and as par of the collateral securty for the
repayment of
the Loan, as evidenced by a Promissory Note evidencing the Loan (the "Note") and all
other documents and instrments evidencing and/or securng the Note or now or hereafter executed
by Borrower or others in connection with or related to the Loan, including any other assignent,
fiancing statement, agreement of guarantee, certificate, leasehold mortgage or deed of trst, and
hazardous wastes and toxic substances certificate and environmental indemty agreement (together
with all amendments, modifications, substitutions or replacements thereof, herein collectively
referred to as the "Loan Documents, which are hereby incorporated by this reference as if fully set
forth in this Assignent), Lender does requie Borrower to make, execute, and deliver an assignent
of its right, title, and interest under the Franchise to the benefit of Lender.
1
~ (p
D. Borrower desires to assign to Lender all of its right, title and interest as a Lessee under the
Franchise as primar ard not as secondar securty for the payment of the Note and the indebtedness
thereby evidenced, and for the performance of the obligations contained in the Loan Documents.
E. Pursuant to the applicable provisions of Aricles 1.3 and 18,5 of the Franchise, Landlord
is joining in this Assignent to evidence (i) its consent and grant its permssion to Borrower to enter
into this Assignent, (ii) to make certain representations to Lender regarding the Franchise, and (iii)
to permit Lender to act and deal with the Franchise in a certain maner should Lender have to
exercise and pursue its rights and remedies concerng the Franchise and its assignent hereunder in
the
event of a default under the Loan by Borrower.
Agreement
In consideration of the Loan from Lender to Borrower, which is of direct and substantial
benefit to Borrower and to Landlord, the mutual covenants contained in ths Assignent, and for
which are acknowledged, the
other good and valuable considerations, the receipt and suffciency of
paries agree as follows:
1. Assignment. Borrower absolutely and unconditionally assigns, transfers, sets over
Borrower' s present and futue
and conveys to Lender, absolutely and not as additional securty, all of
right, title, and interest under the Franchise (and all renewals and amendments thereto), including al
proceeds, awards, allowances, orders,judgments or settlements of claims in favor of
Borrower and
arsing out of or connected with the Franchise, and all revenues derived by Borrower as a
consequence of the conduct of its business on the Premises and the use of improvements and
Premises by Borrower uti1zing the proceeds
buildings now existing or hereafter constrcted on the
of the Loan.
(a) the Note; (b) all
2. Indebtedness. Ths Assignent secures payment of
indebtedness and obligations arsing under the Loan Documents; ( c) all indebtedess and obligations
arsing pursuant to any instrment evidencing the advance of additional sums at Lender's sole option,
by Lender to, or on behalf of, Borrower; (d) any
and all renewals or extensions of any such item of
indebtedness or obligation or any par thereof; ( e) any futue advances which may be made by Lender
to, or on behalf of
Borrower, in connection with the Premises, whether madeto protect the security
for the repayment of
the Note or otherwse, and whether or not evidenced by additional promissory
indebtedness; and (f) all interest due on all of
the above
the same (all of
are hereinafter collectively the "Indebtedness," which term shall also include any par or portion
notes or other evidences of
thereof). Nothng herein shall be constred to obligate Lender to make any renewals or additional
loans .or advances, including, without limitation, increasing the amount of
referred to
the Note as
herein.
3. Term. This Assignent shall remain in effect until all debts and other obligations
evidenced by the Note or advanced under the Loan Documents are paid in full, or ths Assignent is
voluntarly
released by Lender.
2
;;'7
4. Events of Default. The occurrence of any of the following shall constitute an
"Event of Default" under this Assignent: (a) the failure of Borrower to perfonn or to observe
any
agreement, covenant, or condition requied under ths Assignent, or under the franchise; (b) the
breach by Borrower of any representation or waranty given or made hereunder by Borrower or in
any wrtig furnshed or to be fushed by Borrower under ths Assignent; or ( c) an Event of
the Loan Documents.
Default under any of
5. License to Borrower Prior to Default. Notwithstanding that ths Assignent is
the Franchise and not merely the collateral assignent of, or the grant of a
an absolute assignent of
lien or securty interest in the Franchise, Lender hereby grants to Borrower an exclusive license,
revocable upon occurence of an Event of
the Franchise uness and until an Event of
Note, or in any of
the Premises pursuant to
Default occurs, as such tenn is defined herein, or in the
Default, to possess, use and enjoy
the other Loan Documents. .
6. Lender's Remedies Upon Default. Upon the occurence ofan Event of
Default,
Borrower's license to enjoy the Premises under the Franchise shall imediately tenninate. Lender
wil have the right at its option to enforce and to exercise any or all of its rights under ths
Assignent or otherwise, but Borrower expressly agrees that Lender's exercise of any rights
hereunder or Lender's affinnative act to collect income or to acquie possession and occupancy of the
Premises shall not be a prerequisite or precondition to the
full enforceability of Lender's rights
h~eund~. .
6.1 In such event, and upon Lend~'s election, Borrower shall deliver to
Lend~ the origial Franchise, and all modifications, extensions, renewals, amendments, and other
agreements relating thereto and to the Premises. Any oral contracts shall be described in a wrting
delivered by Bon-ower to Lender.
6.2 Lender, at its option, and without any noticewhatsoever to Borrower, but
with notice to Landlord, shall have the right and is hereby authorized to: (a) take possession,
the Premises subject to the tenns and provisions ofthe Franchise as lessee
in the place of
Borrower; (b) manage and op~ate the improvements to the Premses and the business
of the Borrower conducted therein; ( c) preserve and maintai the improvements made to the
occupancy
and control of
Premises; (d) make repairs and improvements, with the consent of the Landlord to the extent
required by the Franchise, and! or repairs to the improvements made and constrcted on the Premises
which Lender at its sole discretion deems necessar; ( e) eject Borrower and/or repossess personal
Borrower, as provided by law, (f) with the approval of
the Landlord assume and take ov~
the Franchise in the place and stead of
Borrower, and in so doing, with the approval of the Landlord
as set forth herein sublease the Premises subject to the provisions governg same in the Franchise;
propert of
(g) delegate any and all rights and powers given to Lender by ths Assignent; (h) have a receiv~
appointed; and (i) use such measures, legal or equitable, as in its sole discretion may car out and
effectuate the provisions of this Assignent. All such actions shall be taken at the expense of the
Borrower, which agrees to reimburse Lend~ for all amounts expended, together with interest th~eon
from the date of expenditue at the Default Rate stated in the Note, upon demand.
3
-1ß
7. Appointment. Borrower irrevocably appoints Lender its tre and lawful
the rights or
powers described in ths Assignent, with the same force and effect as if executed by the Borrower,
and Borrower ratifies and confinns any and all acts done or omitted to be done by Lender, its agents,
servants, employees or attorneys under the authority of such power of attorney.
attorney-in-fact, which appointment is coupled with an interest, to execute any or all of
8. Application of Income. Any sublease rents, payments, proceeds and income collected by
Lender as a consequence of the Franchise shall be utilzed fist to pay curent, due and! or delinquent
rents owing from Borrower to Landlord under the ftanchise, then may be applied as follows, in
whatever order Lender in its sole discretion may determe:
(a) To the payment of
the Premises, including costs
the operating expenses of
of management (which shall include reasonable compensation to the Leder and its agent or
agents, if
management be delegated to an agent or agents); improvements, alterations,
replacements and repairs to the buildings and improvements constrcted on the Premises; premums
on fire, flood, tornado, casualty, liabilty or other insurance if Lender deems such insurance
necessar; and any clais for damages arsing out of
the subleasing or
management of
the Premses.
(b) To the payment of the actual costs and expenses incured by Lender in
collectig such rents, payments, proceeds and income, including commissions paid to secure
subtenants; reasonable attorneys' fees incured in occupyig the Premises; and attorneys' fees
incured by Lender in connection with the enforcement of ths Assignent or in protectig Lender or
its interest in any of the collateral securg the Loan (including attorney's fees and litigation expenses
related to or arsing out of any lawsuit or proceeding brought by or agaist Lender in any cour or
other foru, including actions or proceedings brought by or on behalf of Borrower's banptcy
estate or any guarantor or indemntor).
( c) To the payment oftaxes, special assessments and insurance premiums, and all
other obligations contained in the Loan Documents.
(d) To the payment of
bils for reasonable and necessar repairs and
improvements to the strctues and buildings constrcted by Borrower on the Premises.
( e) To the payment of any and all indebtedness, together with interest, evidenced
by the Loan Documents.
9.
No Liabilty of Lender; Indemnification of Lender.
9.1 Lender shall not in any way be liable to Borrower for any action or inaction of
Lender, its employees or agents with respect to Lender's exercise of the powers granted Lender by
this Assignent, including, without limitation, any liability
relating to the subleasing of
the Premses
after an Event of Default by Borrower, or damage to the Premises (uness caused by the wilfu
4
óó9
misconduct or gross negligence of
Lender). Borrower expressly waives and releases Lender from all
such liability.
9.2 Unless and until such time Lender shall take possession and control of
Premses,
at which time Lender shall occupy the Premises subj ect to the tenns and provisions of the Franchise,
(i) Lender wil not be not be responsible for any damage or har to the improvements, or fixtues to
and located at the remises. (ii)ths Assignent shall not operate to place upon Lender any
obligation
for the control, care, management or repair of
the Premises, or for the discovery of
or correction of
any dangerous or defective condition on the Premises, including without limtation any
environmental matters, or any negligence in the management, upkeep, repair or control of the
Premises. (iii) Lender also shall not be liable to any person or entity for any accidents or other
occurences occurng on or with respect to any par of the Premses, except for any such accidents or
other occurences resulting ITom the wilful or grossly negligent actions of Lender.
9.3 Borrower shall save, defend, indemnfy and hold Lender and its agents,
and all cost, expense, liability,
damage, claim or assertion that may be incured by or made against Lender or any such persons or
entities arsing ITom or related to the Franchise or by reason of this Assignent, including without
limtation any claims by reason of any alleged obligations and undertakgs on Lender's par to
perfonn or discharge any of the tenns, covenants or agreements contained in the Franchise. Should
employees, contractors, and managers haress ITom and against any
Lender incur any such liability, loss or damage, Borrower shall on demand pay to Lender any
and all
cost, expense, liability, or damage arsing thereITom plus costs, expenses and attorneys' fees and
expenses, with interest from the date the cost or loss is incured, at the Default Rate stated in the
Note, and all of the foregoing shall be secured by this Assignent and by the other Loan Documents.
10. Remedies Cumulative. The remedies provided in ths Assignent and in the
other Loan Documents are cumulatIve and not mutually exclusive. The remedies can be exercised
successively or concurently, as many times as and whenever the occasion may arse, and the .
exercise of anyone or more remedies shall not be a waiver of or preclude the exercise of any
'one or
more remedies at the same or any later time for the same or any later default.
11. Contiuing Effect. Ths Assignent shall continue in full effect until the full payment
and discharge of
the Loan Documents, and
(a) all indebtedness and liabilty secured or evidenced by
(b) all expenses incured by Lender relating to the Franchise.
12. Further Assurances. Upon'Lender's request, Borrower shall execute any
documents or instrments Lender may request, for the purose of providing fuer evidence of ths
Assignent, to car out the intent and tenns of ths Assignent, to evidence other amounts that may
become payable ITom Borrower to Lender as referred to in this Assignent, or to accomplish any
other purose deemed appropriate by Lender.
Landlord. Landlord consents to the above assignent and agrees that
the Loan is an allowed and pennitted encumbrance under the Franchise. So long as Lender has not
13. Consent of
5
3°
entered the Premises and taken possession thereof, Lender wil have no liability under the Franchise,
including without limitation liability for rent. Whether or not Lender enters into possession of the
Premises for any purose, Borrower wil remain fully liable for all obligations of
Borrower as lessee
under the Franchise. Whle Lender is in possession of
the Premises, Lender wil cause all payments
due under the Franchise and attbutable to that period of time to be made to Landlord. If Lender
later reassigns the Franchise or vacates the Premises, Lender wil have no furter obligation to
Landlord, but shall remain liable for obligations arsing while Lender was in possessions of
Premises. Landlord consents to the assignent by Lender of Lender's rights hereunder to the
individual who is Lender's principal investor.
14. Franchise Defaults. Both Borrower and Landlord agree and represent to Lender
that, to the best of their knowledge, there is no breach or offset existing under the Franchise or under
any other agreement between Borrower and Landlord. Landlord agrees not to temmnate the
the default and
Franchise, despite any default by Borrower, without giving Lender wrtten notice of
an opportty to cure the default within the time periods provided to the Borrower in the Franchise.
interest
the Franchise and subordinates all interests,
liens and claims which Landlord now has or may hereafter acquire in the Premises. Landlord agrees
that any lien or claim it may now have or may hereafter have in the Premises will be subject at all
times to
Lender's securty interest (or other present or futue interest) in the Premises and wil be
subject to the rights granted by Landlord to Lender in ths Assignent. Provided, however, that
15. Subordination of
hereby
Interest. Landlord
consents to Lender's securty
(or other interest) in the Premises that is the subject of
Landlord's right to obtain payment of sums due from the Borrower shall not in anyway be
subordinated.
16. Entry Onto Premises. Landlord ànd Borrower grant to Lender the right to enter
upon the Premises for the purose of removing the Borrower's pledged collateral from the Premses
or conducting sales of the collateral on the Premises. The rights granted to Lender in ths Agreement
will continue for a period of
thrt (30) calendar days after Lender receives
notice in wrting from
Lender enters onto the
Premises and removes the collateral, Lender agrees with Landlord not to remove any collateral in
such a way that the Premises are damaged, without either repairig any such damage or reimbursing
Landlord for the cost of repair.
Landlord that Borrower no longer is in lawfu possession ofthe Premises. If
17. Estoppel. Landlord and Borrower hereby jointly and severally represent and warant
to Lender that:
(a) Franchise in Effect. The Franchise
(i) has been duly executed and accepted by Landlord
and Borrower, (ii) is in full force and effect, and (iii) has not been modified or changed,
either in wrting or orally, except as may be reflected in the copy of
the Franchise provided to
Lender.
(b) No Default. As of
the date of
performed by either Landlord or Borrower under
ths Assignent, (i) all conditions and obligations to be
the Franchise, to the date hereof, have been
6
31
satisfied; (ii) there exists no breach, default, or event or condition which, the givig of
notice
or the passage of time, or both, would constitute such a breach or default under the
Franchise; and (iii) there are no existing claims, defenses or offsets against obligations of
either Landlord or Borrower under the Franchise, including any against rents due or to
become due under the tenns of the Franchise.
(c) Entie Agreement. The Franchise constitutes the entire agreement between Landlord
the Propert.
and Borrower with respect to the franchise of
rent have been made in connection
(d) No Prepaid Rent. No deposits or prepayments of
with the Franchise, except as may be described in the Franchise. .
(e) Grantor's Buiding Plans Approved. Landlord affins and acknowledges to Lender
that the Borrower's plans and specifications for the buildings and improvements Borrower
intends to make and to constrct on
the Premises have been reviewed and approved by the
Landlord, and the Landlord confinns that the plans confonn to and satisfy the architectual
design requirements (if any) of
Landlord.
(I) Mechanic's Liens, Condemnation, Real Estate Taxes. Landlord affs and
acknowledges to Lender that (i) it is not aware of nor has it received any notices of
mechanc's liens being threatened to be filed or filed against the Premises; and that there is
no mechanc's lien clai against the Premises, whether of record or otherwise; (ii) the real
estate taxes assessed and owing agaist the Premises are paid curent and there are no
delinquencies; and (iii) the Premises is not the subject of condemnation proceedings, and the
Landlord has not received notice of any such proceedings.
18. Agreements. Landlord and Borrower hereby jointly and severally agree with Lender
that, durg all such times as Lender is the beneficiar of the securty interest (by leasehold
mortgage/deed of
trst) in the Premises described above:
( a) Modifcation, Termiation and Cancellation. Landlord and BooTOwer will not consent
to any modification of the Franchise uness Lender fist consents thereto in wrting, which consent
wil not be reasonably witheld, conditioned or delayed, and in all cases wil be addressed withn
sixty (60) days.
(b) Notice of Default. Landlord wil notify Lender in wrting concurently with any notice
given to Borrower of any breach or default on the par of Borrower under the Franchise, and
Landlord agrees that Lender shall have the right (but not the obligation) to cure any breach or default
specified in such notice within the time periods set forth in the Franchise, and Landlord wil not
Lender cures such default within the time period provided in the
declare a default ofthe Franchise if
Franchise for the cure thereof
by Borrower.
-7-
3~
19.
Agreement Between Landlord and Lender.
(a) Lender Right to Cure Tenant Defaults Under Franchise. Ladlord agree to give
Lender a copy of any notice of default served upon the BOlTower. Landlord fuer agrees that if
BOlTower fails to cure a monetar default within the time period provided for in the Franchise, then
Lender shall have an additional period withn which to cure such default often (10) calendar days
commencing on the last day BOlTower is entitled to cure such monetar default. Upon Lender's
receipt of notice from Landlord to BOlTower for a non-monetar default, Lender shall be entitled (but
not obligated) to cure any such default with the same period of time provided to the BOlTower
within such notice.
(b) Landlord approval of Interest. Any transfer of interest in the Franchise or occupancy of
the Landlord as set forth in the Franchise.
the Premises shall be subject to the approval of
Franchise.
20.
20.1 BOlTowèr represents, warants and covenants to Lender that (a) the Franchise
has been properly executed by fully authorized agents of the pares and are now and shall at all ties
durg the life of ths Assignent be valid and enforceable obligations of BOlTower and the other
contracting paries; (b) BOlTower shall not default under nor pennt any default to occur under the
Landlord materially defaults or clais a
Franchise; (c) BOlTower shall promptly notify Lender if
material default under the Franchise, and shall send Lender copies of any (or sumares of any oral)
relevant communcations; (d) BOlTower has not executed or consented to any prior absolute or
conditional assignents of
the Franchise, and has entered into no modifications or amendments to
the Franchise except as previously disclosed by BOlTower to Lender, and will not (uness otherwise
penntted herein) do so throughout the term ofthis Assignent; and ( e) a tre and COlTect copy of
the
Franchise with specific regard to the Premises has been delivered to Lender prior to
the execution of
ths Assignent.
20.2 Without obtainng Lender's prior wrtten approval, which shall not be
uneasonably witheld, conditioned, or delayed, BOlTower shall not:
(a) materially modify or alter or change the terms of or extend the Franchise or
enter into any new or renewal Franchise affecting the Premises;
(b)
consent to any assignent of or subletting by any tenant under the
(c)
alter, modify, change, cancel or terminate any guaranty of the
Franchise;
Franchise; or
(d)
cancel, tennnate or accept a surender of the Franchise.
-8-
33
The Borrower shall not enter into, materially modify or alter, change the terms of, extend,
renew, cancel or termate the Franchise without Lender's prior wrtten approval. Notwithstanding
any provision to the contrar herein, if Borrower requests the consent of Lender, Lender shall
respond within ten (10) business days of
Lender's receipt of said request, which request shall have
conspicuously indicated in bold capitalized prit that Lender's approval shall be deemed to have been
granted if no response is received withn 10 business days, and shall have otherwise been made in
accordance herewith. If
Lender shall fail to respond withi said time period, Borrower's request shall
be deemed approved by Lender.
21.
Ths paragraph is intentionally reserved.
22. Legal Challenges. Borrower shall appear for itself (and for Lender, if Lender so
requests) in any action or proceeding affectig the Premises or the Franchise, or ths Assignent, and
shall at its own cost vigorously defend its interest in the Premises and the enforceability of the
Franchise, and ths Assignent, agaist all
legal challenges. Where necessar or where requested by
Lender, Borrower shall at its own cost institute any legal actions respectig the same. Borrower shall
not challenge, and irrevocably waives any challenge to, the legality or enforceabilty of ths
Assignent and all provisions of ths Assignent.
23. Set-Off. Upon default by Borrower under ths Assignent, Lender (or the holder
or owner of any debt secured by ths Assignent) shall imediately have the right without further
notice to Borrower to set off agaist the Note and any other debts secured by this Assignent all
Lender (or such holder or owner) to Borrower, whether or not then due.
debts of
24. Notices. Any notice required or permtted to be given hereunder must be in
wrting and given (a) by depositing same in the United States mail, addressed to the par to be
notified, postage prepaid and registered or certified with retu receipt requested; (b) by deliverig
the same in person to such pary; 'or (c) by depositing the same into the custody of a nationally
recognzed overnght delivery servce for next day delivery addressed to the par to be notified. In
the event of mailing, notices shall be deemed effective three (3) days after posting; in the event of
overnght delivery, notices shall be deemed effective on the next business day following deposit with
the delivery servce; in
the event óf personal servce, notices shall be deemed effective when
delivered. For puroses of
notice, the addresses of
the paries shall be the same addresses as those
identified and set forth in the Note. From time to time either par may designate another or
additional addresses for all puroses of this Assignent by giving the other par no less than ten
(10) days advance written notice of such change of address.
25.
Miscellaneous. The following provisions are additional terms ofthis
Assignent:
25.1 Lender may take or release other security for the payment of
the Loan, may
release any par primarly or secondarly liable therefor, and may apply any other security held by it
-9-
3lto the reduction or satisfaction of the Loan, without prejudice to any of its rights under this
Assignent.
25.2 No waiver by Lender of any default shall operate as a waiver of any other
default or of the same default on a futue occasion.
25.3 All rights and remedies of Lender are cumulative and may be exercised
successively or concurently, and shall inure to the benefit of Lender's successors and assigns.
25.4 All obligations of BOlTower and Landlord shall bind its administrators,
successors and assigns.
25.5 Ths Assignent, including but not limited to this Section, may only be
modified or amended by wrtten documents and no oral amendment, waiver, extension or other
modification hereof shall be enforceable, and the paries hereby: (a) expressly agree that it shall not
be reasonable for any ofthem to rely
on any alleged, non-wrtten amendment to ths Assignent; (b)
irevocably waive any and all right to enforce any alleged, non-wrtten amendment to ths
Assignent; and ( c) expressly agree that it shall be beyond the scope of authority (apparent or
otherwise) for any of their respective agents to agree to any non-wrtten modification of this
Assignent.
25.6 Ths Assignent shall be governed by the laws of the Commonwealth of
Virgia without regard to the conflcts of law provisions thereof ("Governing State").
25.7 BORROWER HEREBY CONSENTS TO PERSONAL JUSDICTION
IN THE GOVERNING STATE. JURISDICTION AN VENUE OF AN ACTION BROUGHT
AN ACTION
TO ENFORCE THIS ASSIGNMNT OR AN OTHER LOAN DOCUMNT OR
OR UNER THE LOAN
DOCUMENTS ("ACTION") SHALL, AT THE ELECTION OF LENDER, BE IN (AND IF ANY
RELATING TO THE LOAN OR THE RELATIONSHIPS CREATED BY
ACTION IS ORIGINALLYBROUGHTIN ANOTHER VENUE, THE ACTION SHAL
AT
TH
ELECTION OF LENDER BE TRASFERRD TO) A STATE OR FEDERA COURT OF
APPROPRITE JUSDICTION LOCATED IN THE GOVERNING STATE. BORROWER
JURSDICTION OF THE STATE
HEREBY CONSENTS AND SUBMITS TO THE PERSONAL
COURTS OF THE GOVERNING STATE AN OF FEDERA COURTS LOCATED IN THE
GOVERNING STATE IN CONNECTION
AND ALL
JURISDICTION
WITH
ANY ACTION AN HEREBYWAlSAN
PERSONAL RIGHTS UNER THE LAWS OF AN OTHER STATE TO OBJECT TO
WITHIN SUCH STATE FOR
PUROSES OF ANY ACTION. BOlTowerhereby
waives and agrees not to assert, as a defense to any Action or a motion to transfer venue of any
Action, (i) any claim that it is not subject to such
jurisdiction, (ii) any claim that any Action may
not
be brought against it or is not maintainable in those courts or that ths Assignent may not be
enforced in or by those cours, or that it is exempt or imune from execution, (iii) that the Action is
brought in an inconvenient foru, or (iv) that the venue for the Action is in any way improper.
-10-
35
25.8 The captions of
the sections of
ths Assignent are inserted for convenience
only and shall not be used in the interpretation or constrction of any provisions hereof.
25.9 If any provision of this Assignent is held invalid or unenforceable, the
holding shall affect only the provision in question and all other provisions of ths Assignent shall
remain in full force and effect.
25.10 All references to Lender in this Assignent shall mean Lender and its
employees and/or agents as the context indicates.
IN WITNESS WHEREOF, the paries hereto have executed ths Assignent the day and year
first above wrtten.
(Signatues follow on next page)
-11'-
3b
BORROWER:
FLIGHTWORKS, INC., a Georgia
corporation
By:
Name: Scott Beale
Title: President
STATE
OF
(SEAL)
)
) ss
CITY/COUNTY OF
)
I HEREBY CERTIFY that on ,2004, before me, a Notar
the jursdiction aforesaid, personally appeared Scott Beale, who acknowledged himselfto
be the President ofFLIGHTWORKS, INC., a Georgia corporation (the "Corporation"), and that he,
Public of
as such offcer, being authorized so to do, executed the foregoing Assignent for the puroses
therein contained by signng the name of the Corporation by hiself as such officer.
WITNESS my
hand and Notaral SeaL.
Notar Public
My Commission Expires:
-12-
31
LANDLORD:
THE CITY OF MAASSAS
By:
(SEAL)
Name:
Title:
COMMONWALTH OF VIGINIA )
) ss
CITYOF MANASSAS
)
I HEREBY CERTIFY that on
Public of the jursdiction aforesaid, personally appeared
, 2004, before me, a Notar
who acknowledged hiself to be the of The City of Manassas (the
"City"), and that he, as such offcial, being authorized so to do, executed the foregoing Assignent
the City by hiself as such offciaL.
for the puroses therei contained by signng the name of
WITNESS my hand and Notaral SeaL.
Notar Public
My Comrssion Expires:
~PRiJ''ED As TO I'ORM I.
Cfn ATTuRNEY
.,.~,..~
\'~i-.. r. L\
!)~~ q \ ). b-,,:: !
i
-13-
3~
LENDER:
A VIA TION CONSTRUCTORS LIMITED
By:
(SEAL)
Name:
Title:
COMMONWALTH OF VIGINIA )
) ss
CITY/COUNTY OF
)
I HEREBY CERTIFY that on ,2004, before me, a Notar
Public of the jursdiction aforesaid, personally appeared , who
acknowledged hiselfto be the of AVIATION CONSTRUCTORS
LIMITED (the "Lender"), and that he, as such offcer, being authorized so to do, executed the
foregoing Assignent for the puroses therein contaied by signg the name of the Lender by
hiself as such offcer.
WITNESS my hand and Notaral SeaL.
Notar Public
My Commssion Expires:
-14-
AGENDA STATEMENT
Page NO.~
Item No.~
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent
AGENDA ITEM TITLE:
Resolution #2005-11-R to Transfer $1,460 from the Police Department to
Information Technology for Purchase of Color Printer for the Patrol Division
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
September 29,2004 - Finance Committee
SUMMARY OF ISSUE/
TOPIC:
The transfer will enable the purchase of color printer to support the digital
photography and evidence collection purpose for the Police Department (Patrol
Division). Staff recommends transferring these funds to the Information Technology
Fund.
STAFF
RECOMMENDATION:
Adopt Resolution #2005-11-R.
BOARD/COMMISSION/COMMITTEE:
September 29,2004 - Finance Committee (3/0)
RECOMMENDATION:
-LApprove _Disapprove _See Comments
CITY MANAGER:
--APprove _Disapprove _See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
BUDGET/FISCAL
IMPACT: ii
$1,460 - Transfer of Funds have already been budget and appropriated
STAFF:
Pat Weiler, Finance Director 703/257-8234
~
If Council members have questions, you are urged to call the staff person who prepared this agenda
statement prior to Council meeting.
4-0
RES 0 L UTI 0 N #2005-11-R
Adopted:
of Manassas meeting in rescheduled
BE IT RESOLVED by the Council of the City
of October, 2004, that the following funds
regular session this 18th day
be transferred as
shown.
ACCOUNT NO.
. AMOUNT
Transfer from:
100-1701-421-62-19
Police Department - Admin Division
$
1 ,460
Transfer to IT Fund
$
1 ,460
Revenue:
608-0000-345-10-00
Expenditure:
Transfer from General Fund
$
1 ,460
608-1418-419-62 -38
Color Printer
$
1 ,460
Transfer to:
100-9600-491-92-68
IT FUND
Patrol Color Printer
For:
This resolution shall take effect upon its passage.
Douglas S. Waldron MAYOR
On behalf of the City Council
of Manassas, Virginia
ATTEST:
Kimberly D. Allen
a~
9/24/2004
City Clerk
AGENDA STATEMENT
Page No.~
Item No.
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent
AGENDA ITEM TITLE:
5
Ordinance #2005-29-0 Amending the FY 2005 Budget by Budgeting and
Appropriating $348,480.00 in Airport Land Proceeds Funds to Construct a
Storage Building for Airport Equipment and Materials
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
September 29, 2004 - Finance Committee
In order to conduct snow removal, grass cutting and other maintenance, the
Airport has accumulated several pieces of expensive equipment, such as two
tractors, two bush hogs, two sweepers, two blowers, and three snow blades. For
the most part, this equipment has been left outside in the weather for two years.
The full life expectancy of the equipment will not be realized if the equipment
continues to be stored outside. The Airport proposes to build a 100'x80' pole
building for storage of the Airport's maintenance and snow removal equipment.
Equipment storage buildings are eligible for FAA and State funding. The FAA
and State have agreed that an equipment storage building is necessary and that
the Land Proceeds Funds can be utilized for such a purpose. The Airport sold
231,547 square feet of land to the City for $463,094. These proceeds may only
be used for Airport projects approved by the FAA. Staff recommends using
$348,480 of the $463,094 for the storage building.
STAFF
RECOMMENDATION:
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
CITY MANAGER:
COMMENTS:
Adopt Ordinance #2005-29-0.
September 29, 2004 - Finance Committee (3/0)
x
Approve
Disapprove
See Comments
iM
Approve
Disapprove
See Comments
The Airport Commission has approved the use of the Land Proceeds funds for
building an equipment storage building.
DISCUSSION
(IF NECESSARY):
BUDGET/FISCAL
IMPACT:
STAFF:
All funds needed for this project will come from Airport Land Proceeds. There will
be no impact on the General Fund.
Juan E. Rivera, (703) 257-8261 0 ~
If Council members have questions, you are urged to call the staff person who prepared this agenda statement prior to
Council meeting.
4;;
OR DIN A N C E #2005-29-0
First Reading:
Second Reading:
Enacted:
Effective:
of Manassas meeting in rescheduled
regular session this 18th day of October, 2004, that the following funds be budgeted and
appropriated from the accounts shown.
BE IT ORDAINED by
ACCOUNT
the Council of the City
AMOUNT
NO.
AIRPORT FUND
Revenue:
570-0000-346-04-01
Contribution from Reserved Retained
$
348,480
Expenditure:
570-3701-501-92-10
Transfer to Airport Projects
$
348,480
Transfer from the Airport Fund
$
348,480
Airport Storage Building
$
348,480
Earnings '
AIRPORT CAPITAL PROJECTS FUND
Revenue:
575-0000-345-57 -00 CP3571
Expenditure:
575-3751-505.39-90 CP3571
For:
Airport Storage Building
This ordinance shall take effect upon its passage on second reading.
ATTEST:
Kimberly D. Allen
~~
9/23/2004
City Clerk
lt3
AIRPORT STORAGE BUILDING
Estimated Budget
September 29, 2004
Maintenance Building Site Plan - Ross, France & Ratliff
$21,700
Bid and Award Phase/Constrction Management
$14,445
Building Construction and Concrete Slab
$150,335
Site Work (drainage, site grading, pavement)
$148,000
Contingency
$14,000
Total Estimated Cost of
Facility
$348,480
§
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Example of storage 10ft
¥-fp
AGENDA STATEMENT
Page No.~
Item NO.~
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent
AGENDA ITEM TITLE:
Ordinance #2005-30-0 Amending the FY 2005 Budget by Budgeting and
Appropriating $3,968 Carryover Funds from FY 2004 for the Disability Services
Board
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/ TOPIC:
Unspent FY 2004 Disability Services Board revenue entitled for carryover year to
year
STAFF
RECOMMENDATION:
Approve Ordinance #2005-30-0.
BOARD/COM MISSION/COMMITTEE
RECOMMENDATION:
September 29,2004 - Finance Committee (3 /0)
CITY MANAGER:
~ Approve Disapprove See Comments
.¡ Approve Disapprove See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
BUDGET/FISCA~::. '
IMPACT: ~
$3,968 - Carryover funds from FY 2004.
STAFF:
Pat Weiler (703) 257-8234
If Council members have questions, you are urged to call the staff person who prepared this agenda statement prior to Council
meeting.
lf~
o R DIN A N C E #2005-30-0
First Reading:
Second Reading:
Enacted:
Effective:
BE IT ORDAINED by the Council of the City of Manassas meeting in rescheduled
regular session this 18th day of October, 2004, that the following funds be budgeted and
appropriated from the accounts shown.
ACCOUNT NO.
AMOUNT
SOCIAL SERVICES FUND
Revenue:
102-0000-346-03-00
Contribution from Fund Balance Prior Year Carryover
$
3,968
FY 2004 DSB Carryover
$
3,968
Expenditure:
1 02-2778-444-39~71
For:
Disability Services Board FY 2004 Carryover
ATTEST:
Kimberly D. Allen
N' \
\!'~
9/23/2004
City Clerk
4-9
-----Original Message----From: Pat Weiler (mailto:PWEILER(Qci,manassas,va.us)
Sent: Fridayi September 101 20048:12 AM
To: Marie Aylesworth
Cc: James Oliver; Shelton Wiliams
Subject: RE: Disabilty Services Board
We will take to Council and ask them to carryover the funds.
We can take to the 9/22 Fin Comm meeting. It will be a carryover ORD.
-----Original Message----From: Marie Aylesworth
Sent: Thursdayi September 091 2004 3:07 PM
To: Pat Weiler
Cc: James Oliver
Subject: Disabilty Services Board
Pat,
I made an error with the Disability Services
Board budget. I should have had you carry
forward the unspent funds so the DSB could use
the funds in FY05. I guess the problem occurred
because I missed the fact the revenue had been
coded to two separate revenue accounts and I
only looked at one revenue account. When the
Admin Asst for DSB called and we discussed
the funds that were to be carried forward, I
realized my error. The revenue was coded to two
accounts. I think this coding issue occurred
when Regina Meck changed the accounts. I
believe the original account number for DSB
revenue was 102-0000-324-27-49 but the name
got changed and then a new revenue account
got set up 102-0000-324-27-67 or it may be vice
versa.
In any event I made a mistake. How can the
issue be resolved? DSB is entitled to roll any
unspent funds over from year to year. Please
see the chart below for the fund balance. If
have any questions please give me a calL.
Sorry for the inconvenience.
Marie
you
so
FY 2004 Revenue for DSB
Manassas Park Local Share
Manassas Park Carry over
Dept of Rehab Services
Dept of Rehab Services
5812.00 1 02-0000-324-27 -49
lTotal Revenue Budget
9,138.30
Expenditures
5,170.00
Balance
3,968.30
Marie Aylesworth
Fiscal Administrator
City of Manassas
Dept of Social Services
703-361-8277 ext. 2330
600.00 102-0000-316-27-29
1,388.80 1 02-0000-324-27 -67
1,937.50 102-0000-324-27-67
AGENDA STATEMENT
PAGE NO. S I
ITEM NO.
'7
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
Consent
AGENDA ITEM TITLE:
Ordinance #2005-32-0 to Transfer Payment-in-Lieu of-Taxes in the Water, Sewer and
Electric Funds and to Budget and Appropriate $53,000 in the Vehicle Maintenance
Fund to Purchase a Mini-Excavator for the Utilities Department and $35,000 in the
Electric Fund to Repair the Roof on Building "A" of the Public Works and Utiliies
Facility
DATE THIS ITEM WAS LAST
CONSIDERED BY COUNCIL:
SUMMARY OF ISSUE/ TOPIC:
The Payment-in-Lieu of-Taxes (PIL T) to the Water, Sewer and Electric Funds was
calculated for the FY 2005 budget using a tax rate of $1.24. The PIL T budget needs to
be adjusted to reflect the actual tax rate of $1.15. Attached are supporting schedules
and the Council's policy on PIL T.
The Utilities Department - Electric has a specific need for a mini-excavator for
overhead to underground conversion. The equipment costs $53,000 and would be
funded from PIL T savings ($32,000) and Vehicle Maintenance Fund Fund Balance
($21,000).
As a result of heavy snow last year, seals, flashings, and rubber components of the
roof on Bldg "A" have failed. Recent storms from the hurricane season have caused
severe leaking, and numerous attempts to repair the roof have failed. The remaining
$14,790 ($46,790 less $32,000) from the Electric Fund PIL T savings plus a transfer
(reduction) of approximately $20,000 from salary contingency is necessary to expedite
this repair. Expected cost to repair the roof is $35,000.
STAFF RECOMMENDATION:
Adopt Ordinance # Ordinance #2005-32-0.
BOARD/COMMISSION/
COMMITTEE:
September 29, 2004 - Finance Committee (3 / 0)
RECOMMENDATION:
- v- APPROVE - DISAPPROVE - SEE COMMENTS
CITY MANAGER:
- v- APPROVE - DISAPPROVE - SEE COMMENTS
COMMENTS:
DISCUSSION
(IF NECESSARY):
BUDGET/FISCAL IMP~CT:
O~
\.
Reduce Payment in Lieu-of-Taxes in Water, Sewer and Electric Funds by $99,470.
Budget and appropriate $53,000 in the Vehicle Maintenance Fund to purchase a mini-
excavator.
Budget and appropriate $34,700 in the Electric Fund for roof repair.
STAFF:
Allen Todd, Utilities Director, 703-257-8474
If Utility Commission members have questions, you are invited to call the staff member that prepared this Agenda Statement prior to meeting.
ORDINANCE #2005-32-0
5bb
First Reading:
Second Reading:
Enacted:
Effective:
BE IT ORDAINED by the Council of the City of Manassas meeting in rescheduled regular session
following funds be budgeted and appropriated from the accounts
shown. .
this 18th day of October, 2004, that the
AMOUNT
ACCOUNT NO.
SEWER FUND
Transfer from:
Transfers PIL T
$
$
(9,060)
(7,420)
Micron Waste Water Pond
Contribution to Retained Earnings
$
$
9,060
7,420
Contribution From Retained Earnings
$ (24,180)
Transfers PILT
$ (24,180)
540-0000-317 -10-22
Revenue MICRON
Revenue LaMAR
$
$
(8,150)
(3,870)
Expenditure
540-3548-501-83-00
540-3552-501-83-00
540-3549-501-83-00
540-3553-501-83-00
MICRON Substation PIL T
MICRON Peaking PIL T
LaMAR Substation PIL T
LaMAR Peaking PIL T
$
$
$
$
(2,900)
(5,250)
(1,340)
(2,530)
O&M Micron Ponds PIL T
520-3513-501-83-00
520-3599-501-83-00
Transfer to:
520-3513-501-33-00
520-3599,.501-96-04
WATER FUND
Revenue
530-0000-346-04-00
Expenditure
520-3599-501-83-00
ELECTRIC FUND
Revenue
540-0000-317-10-21
Transfer from:
540-3599-501-83-00
540-3599-501-95-02
Transfers PIL T
SalarylWage Contingency
$ (46,790)
$ (20,210)
Transfer to:
Repair Roof at Public Works Utility Facility
Transfers to Equipment Fund
$ 35,000
$ 32,000
Revenue
605-0000-345-54-00
605-0000-346-04.,00
Transfers from Electric Fund
Contribution from Retained Earnings
$ 32,000
$ 21,000
Expenditure
605-2555-419-73-00
Mini Excavator - Utilities
$ 53,000
540-3509-501-3900
540-3599-501-92-65
EQUIPMENT FUND
For: Correct PIL T & Purchase Mini-Excavator, Roof
Repair
Douglas S. Waldron MA VOR
ATTEST:
\
O~-\
Kimberly D. Allen
10/1/2004
City Clerk
;---~ ----I
-n':~-u----~ u----i,S?~~ 6/30/~Q~)3
I' ,
,---'--"
i
I
-,~,u'_n- I
~~ I
110,519,119 1
Total
Page 1 of 1
18,302,063 i
10,064,288 L
8,237,775 1
Total Sewer'
DSC----_._-_._._--.---Ponds 520-3513-501-83-00
. --'-----'-"'---- _.. ___..1:
.__._.- ~.--..' . _.... --- _._..
Sew~rr~~~~t in Lieu ,52q-3?9~~~?Q_!=S3-9Q~ ~ --
\\~t~rr~ynn~!1~iJ: Lieu 530-3599-501-83-00
¡ 26,868,841 i
,- ~ --- n ------~ ! i
..u.--------._- u.. "".. -, u..-
--_..__.
~QIv~ re~ing-- 54Q-~?~~:S91-~~-Qi~t;r~~l~~i~1 6~:~~;:~~~ i
A~()2t~~
.--
1.15.",-'-----. 597,969
_.- . _." _.-------------------_._, ._,.,-- . - ... 597,970
!--_1§ ..--~p_____l§,99?--~ 37,000
, ~-
1,270,970
1,270,970
4- -- ------------------- ._._---
--
.---,-_._-_._-_.J.-- .._-
1.15 !
1.15 :
,un 1-,
1.15 i
751,510 !
32,400 ¡
l3~~ge! .....
--------,._..
Adjustment
-- _... .----- .-.-
~ 810,320 i (58,810)
34,930 i (2,530)
~ ~ ~n_u u~u,--,.- J------~-~~---, - ,,--
72,330 ¡ (5,250)
--S~iQ9- ~---~-- (1 ,3~4n2
_~~~~9Q J ~ ----- (2~2Q91
~ _~ii~ 7 ~9: m --(~~~Z?92
,
9/24/20048:52 AM
~
1,270,970 i 1,270,970. 1,370,440 i (99,470)
,
115,739 ; 115,740 124,800 : (9,060)
210,474 ! 210,470 226,950 i (16,480)
p__?42~4 L 94,730 iQ~,I~Qp! u~~-:~_Ü~420)
308,992 i 308,990 j 333,170 j (24,180)
r--:
i :
i
! 751,504 !
1.15 i 32,397 '
FY 2005
______n --_. .' -,.- -----"----" -_. u- -- -
j
i
.L
1 ~~Z9~~~Q~P__..~~~~7Q)
Amount
. Calculated; Calculated ~_)3~dg~t~~
, -_np~y~fu~Lieu--:-P~y~I~~Li-~u
--1-,,_u~ -- ------1- ~
I
i
~ ,J ~ n-
l-
i
I
LOMAR Substation 540-3549-501-83-00 IF921 I 1,483,662 i __!)5 .:~_...~~____l7ß6~~_- - . --_..17,060
- ---- --.
67,080
1.15
¡
67,078
j)$Cre~i~i-m-'-:~ ~- 540jSS~~~QT~~3~QQ"_~~:!r22i---=r~~-:-- -- ~S,83~~~~~s-l ~ "._."'------_. _.---- - - ...---_..._.~_.-_--_._._. -_.
~J¿r~l,.~~t
iiLieu,~_u~1~:~~~~1~¡:~~:ófl~~~F~~::~
"-,~~~~ ~-" --'-~-~--~----""
- -~ -~--,~-,-, -~,u- ~ --~---r"----~-+- -__'_~'n ,,- 5t~iHt~
-" ~~----,-,-
Utilities Expense:
r~y~entl1?l-~e_l!~t Ta~e: 1 oq~9n99-3! 8-1 0-00
- ------------
,Account Number 'Project i Value of Assets
----_._----------------_._- . _. ------~~---
General Fund Revenue:
- . ----
Description
--- ---_. ._.
P~ym~~t!~-~~~~~tTaxes----~'~ _nn :~-~--~~~i~~-~~-~-::--~:i- n
~ __~_n_,_,__--n~~---- ~ ~ . ~ -, - ~ ~ ~~-~-,--,~, "-"~'~'n'nu__,i~FY 2005 Budget (Amended with tax rate at $1.15) :
City of Manassas. i i
Man
ass
as
'Account Number
(- - -- - -- -----1-- ----I--~--- - - --
I um_u~r------- -
I -~----Iu -----
¡II
1,370,440
Sewer
Payment
. u. ----in-Lieu
..
DSC Ponds
--
Water Payment in Lieu
_.. _.
_u. . .--
_. .. .' ..
Total
!i :I
----._-_. -- d_- -- -- -
!
26,868,841 I 1.24 i
110,519,119
8,237,775
!! 520-3599-501-83-00
- --_.. _.- --~--- _. --'-'.___'_-'n------------- _.10,064,288
, .520-3513-501-83-00
_. --- ----"-_. - H- .-_- .. on .
18,302,063
Total Sewer
530-3599-501-83-00
--- ._- ._- ------_..__.-- - -
. "_. ------ - ._--_._- --_._---------
1,370,437
1,370,440
124,800
226,950
124,797 ,
226,946
102,150
i
- __.._m-- - -
.- --
333,170
102,148
¡
333,174 :
1
Utilities
Expense:
-- ---- . --- --0 .. no ,- _. -----_.... - on644,760
Electric
Lieu - 540~3599-=5-o1~-83=oö F92-1 : ----s--99-7-:298-t---i:24 1-----6-44,766
-- .-~....
- Payment
.-. - --in ..
.
39,900
54ò=3548-50i--83=oü-P92ïl--- -- --3:~Ü7~-ï4
:---1.24 t---"39:895
DSC Substation
-- ------- ....----"-.-------______00____00_--- - --- -- - -------~------- - -- ---I~-_OO_-T----------------18,400
542~3~~2-52_1-83~92 F9~1 - ___--,1~~~?6~------1.2:!i-------~-~,3?7 'n
LOMAR Substation
----_.._._.- -72,330
DSC Peaking
34,930
LOMAR Peaking
~~:l~:i~i:~~:~ .~:~t ¡ uu~:mjf~I.+~I----I~:~~~ i
, Total Electric 65,348,215 i i 810,318 i 810,320
__oo____+_------i------------- ----
------_J~-----_.!?_~~~_3?
---------- ----- ------+------100-------- ---
!
i
i I i
- ¡----- -----I nn___-+__--------
Project! Value of Assets I Rate I Pay-In-Lieu i Amount
-i
I I ii
i "
--- u_J~~iR-6/~9!~og~l_ia~-t-C~!~~1~!e~ - L_m_~u~~~~--
General Fund Revenue:
-- ,- _... - ---_.------.-_._-------.------ ._-----_._------_.._._---_...----_._.Taxes 100-0000-318-10-00 ;
Payment in Lieu of
.. ---_.
Description
FY 2005 Budget
. --- .. .. .
Payment
in
Lieu of Taxes
. - ... - ~ - . . -- --
.. -- ---- .
City of
9/24/2004 8:42 AM
~
CJ
ss
POLICY STATEMENT #P-99-02
-I
REGULAR COUNCIL MEETING
July 13, 1998
Re:
Municipal Utilties - Payment in Lieu of Taxes
It is the policy of the City of Manassas that it recognizes utilty infastrctue owned by
the City and operated by its Deparment of Utilties ("Deparent") to be exempt ffom real and
the City to require its Deparent to recover
taxes, in an amount equal to the
infrastructure's audited book value as established in the City's most recent Comprehensive
personal propert taes. However, it is the policy of
from utilty users a payment to the City, in lieu of
Anual Financial Report times a rate equal to the curent real estate propert rate. Such
payments in lieu of
taes shall be computed by project so as to ensure the utilty users are
charged the costs associated with this policy. The Deparent shall submit to the City ths
payment in equal monthly installments. .
BY ORDER OF THE COUNCIL
Marll~,~fL~~
On Behalf of the City Council of
Manassas, Virginia
ATTEST:
JIV~ t¡ ~) lie-fine¡
Alwilda C. Merritt, City Clerk :J .
D DAVERT
" l) 'r y
Sw
UTILITY COMMISSION
AGENDA STATEMENT
PAGE NO. n-
ITEM NO. ~
MEETING DATE:
September 9, 2004
ITEM TITLE:
Proposed purchase of mini-excavator
DATE THIS ITEM WAS
LAST CONSIDERED BY
UTILITY COMMISSION: N/A
SUMMARY OF ISSUEI
TOPIC:
Purchase of mini-excavator for Electric Department.
DEPARTMENT:
Electric
UTILITIES DIRECTOR:
X APPROVE _DISAPPROVE -
COMMENTS:
DISCUSSION
(IF NECESSARY):
As needed
BUDGET/FISCAL
IMPACT:
$52,800; estimated
CONTACT PERSON:
John Hewaf 703-257-8226
tf
If Utilty Commission members have questions, you are urged to call the staff person who prepared this agenda statement prior meeüng.
I,:r If
'51.
MEMORADUM
Deparment of.Utilities
T & D Division
August 30, 2004
TO:
John Rewa, Assistat Director Electric Utility
FROM:
Tim Lawrence, Electric Line Superintendent
RE:
Mini Excavator
I would like to purchase a mini excavator, 35C ZTS from John Deere. I believe this
piece of equipment could be extemely useful to the City of Manassas, as well as a more
cost effective method for doing routine jobs. It will be used primarly to install s.econdary
services into CD locations, instaling hand boxes, and repaing undergroun caMe faults.
It coUld also be used to instal new services an relocate existing servces, plow snow
around Public Works, Substations, Church Street Shop and to transport tranformers
when needed. .
The mai operator of
ths excavator would be Fred Brown; however, the entire Line
Crew will be trained on how to operate it. It will be transported on a B-E5P trailer and it
will be towed behind either E-7, E-8 or E-24. .
The cost of
the mini excavator, 35C ZTS can be broken as follows:
1. 35C ZTS Min Excavator
2. Enclosed Cab with AlC
3. P A3 0 planetar auger
4. B-E5P Big Tow Trailer
5. 12" & 16" Bucket
6. 9" & 18" auger bits
$37,000
$6,000
$3,000
$4,400
$1,200
$1,200
Total $52,800
If we had this excavator, we would not have to depend on one of the contractors to
the backhoe for certinjobs. Instead of
paying a contractor to install new
services, relocating existing services and hand boxes we could do the work ourselves; ths
would be a more cost effective method.
provide
-~
r; ,! ::
scc
The mi excavator will be a very usefu piece of equipment to the Line Crew. A few
examples of
A.
B.
how it could have been used in recent weeks are: .
could have used the
mini excavator intead of payig a contractor to bring in a backhoe.
The
fiber damage on Dean Drive, August 4, 2004; we
When the daage to the 750 priar at 8850 Richmond Avenue occured on
July 21,2004 we could have dug out the ditch and repaired the fault ourselves
rather than paying a contractor to come in and dig it for us.
C.
cost. .
At Old Hickory Cour, a contractor dug an 80ft ditch to replace a faulted
underground cable. We could have done the work ourselves for about half
D.
the
A curent project that could benefit from the mini excavator is at South Grant
and Hastigs. We
have two men diggig, by hand, a 20ft trench for a CD .
location (for the BPL deployment). The job will take approximateIy two
hours if done by hand; if we had the excavator it would tae about 20 minutes.
As you can sèe by the examples listed, it is not only more cost effective for the City
of Manassas but can also save valuable time as well as improve physical demands on
the employees. If we had the mi excavator in an emergency situation, the response
time would be faster and the repais could begin sooner. We would not have to call in
a contractor and wait for them to respond.
Please tae these items into consideration and as always, I am available for any
questions.
cc:
Mark LeRoy, Utilties Finance Manager
AGENDA STATEMENT
Page No.
CITY COUNCIL MEETING
59
Item No.
g
MEETING DATE:
October 18,2004
TIME ESTIMATE:
Consent Agenda
AGENDA ITEM TITLE:
Ordinance to Repeal Section 78-312 of the City Code, Relating
Generally to Curfew for Minors.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
September 27, 2004
During a review of the status of a curfew for minors, City Council, upon
the recommendation of staff, directed the City Attorney to draft an
Ordinance to repeal section 78-312 of the Code of Ordinances relating
generally
to curfew for minors because the City Attorney issued an
opinion that the current curfew for minors is outdated and
unenforceable.
STAFF
RECOMMENDATION:
Adopt Ordinance #0-2005-07 which repeals Section 78-312 of the City
Code.
BOARD/COMMISSION/
COMMITTEE:
N/A
Approve
Disapprove
See Comments
~APprove
Disapprove
See Comments
RECOMMENDATION:
CITY MANAGER:
COMMENTS:
DISCUSSION
(IF NECESSARY):
The current (outdated and unenforceable) curfew for minors has been
replaced with several alternative enforcement initiatives that better
address curfew enforcement on a citywide basis.
BUDGET/FISCAL
IMPACT:
N/A
STAFF:
If Council members have questions, you are urged to call the staff person who prepared this
agenda statement prior to Council meeting.
fr 0
ORDINANCE #0-2005-07
First Reading
Second Reading
Enacted
Effective
AN ORDINANCE TO REPEAL SECTION 78-312 OF THE CODE OF .
ORDINANCES, CITY OF MANASSAS, VIRGINIA (2002), AS AMENDED,
RELATING GENERALLY TO CURFEW FOR MINORS.
BE IT ORDAID by the Council of the City of Manassas, Virginia, meeting in
of ,2004:
session this day
1. That section 78-312 of
the Code of
Ordinances, City of
Man
ass
as, Virginia (2002), as
amended, is hereby repealed.
2.
This ordinance shall be effective upon second reading.
BY ORDER OF THE COUNCIL
Douglas S. Waldron, Mayor
On Behalf of
the City Council of
Manassas, Virgina
ATTEST:
Kimberly D. Allen, City Clerk
MOTION:
SECOND:
Date:
Regular Meeting
Ord. No.
RE:
ACTION:
Votes:
Ayes:
Nays:
Absent from Vote:
Absent from Meeting:
CERTIFIED COPY
SMI AN DAVENRT
AGENDA STATEMENT
Page No. (Ill
Item NO.-MEETING DATE:
October 18, 2004
TIME ESTIMATE:
5 minutes
AGENDA ITEM TITLE:
Consideration of Resolution #R-2005-46 opposing the Establishment
of an Off-Track Gambling Facility in the City of Manassas Park.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
A referendum to allow an off-track gambling facility in the City of
Manassas Park wil be on the ballot in the City of Manassas Park on
November 2, 2004. A similar initiative was rejected by the citizens in
1996. It is believed that this type of facilty would have a potential
negative impact on the image of our family oriented community.
STAFF
RECOMMENDATION:
Consider Resolution #R-2004-46.
Approve
CITY MANAGER:
Disapprove_See Comments
Approve_Disapprove_See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
On September 14, 2004, the Prince William Board of County
Supervisors passed Resolution No. 04-916 unanimously opposing the
gambling facility.
BUDGET/FISCAL
IMPACT:
STAFF:
Douglas S. Waldron, Mayor.
If Council members have questions, you are urged to call the staff person who prepared this agenda
statement prior to Council meeting.
ro~
RESOLUTION
RESOLUTION # R-2005-46
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2004
RE: OPPOSITION TO OFF-TRACK GAMBLING AT A FACILITY IN THE CITY
OF MANASSAS PARK
WHEREAS, a referendum to allow an off-track gambling facility in the City of
Manassas Park will be on the general election ballot in the City of Manassas Park on
Tuesday, November 2, 2004; and
WHEREAS, the citizens of Manassas Park rejected a similar initiative in 1996; and
WHEREAS, citizens of Manassas Park, the City of Manassas and Prince William
County should be provided more information on this matter; and
WHEREAS, there appears to be no benefit to the City of Manassas if the betting
parlor is located adjacent to the City in Manassas Park; and
WHEREAS, an off-track gambling facility in the City of Manassas Park will have a
potential negative impact on the image of our wonderful, family oriented community; ànd
WHEREAS, the Prince William Board of County Supervisors unanimously passed
Resolution No. 04-916 at its regular meeting on September 14, 2004 also opposing the
gambling facility; .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Manassas, Virginia, meeting in regular session this 18th day of October 2004, does hereby
state its opposition to the establishment of an off-track gambling facility in the City of
Manassas Park; and
BE IT FURTHER RESOLVED that the Manassas City Council urges the defeat of the
referendum by our neighbors the good citizens of the City of Manassas Park at the General
Election on Tuesday, November 2, 2004.
Attest:
Kimberly D. Allen
City Clerk
SEP-16-2004 15: 51
FROM PWC OFF I CE OF THE EXEC.
TO 97033652060
P.02/0~3
September 14, 2004
MOTION:
BARG
SECOND:
Noiæ
RE:
OPPOSITrON TO OFF-TRACK GAMLIG AT A FACILITY IN TIl
Regular Meetig
:Qes. No. 04-916
CITY OF MANASSAS PARK
ACTION:
APPROVED
. WHREASt a referendum to allow an off-track gambling facility in the City of
Manassas Park on Tìesday,
November 2,2004; and .
Manassas Park will be on the general election ballot ín the City of
as Park wil
Manassas Park and in
have a negative impa.ct on traffic on Route 28, both within the City of
Price WiUiam County, and contrbute to trffic congestion in the County; and
Man
WHREAS, an off-trck gambling facility in the City of
ass
WHREAS, gambling promotes behaviors tha.t tie detrenta to the family
unit, including but not limited to, problem an,d pathological ga.mbling, which often results în
barptc:y, suicide, divorce, or abuse; and
WHEREAS, the societal costs of gambling are often hidden and diffcuIt to
quantify, and the emotional daa.ge and its long-temm impact on familes and their children is
lasting; and . .
WHREAS, an off-trck gambling facilty in the City ofMansas Park may
contrbute to an increase il crie thoughout the region; and
intiative in 1996; and .
WHEREAS, the citizens of
WHEREASt it is the duty of
health safety, and welfare of
the citizens of
the City of
Mana
ssM Park rejected a similar
the Board of County Supervisors to protect the
Price Wiliam County;
NOW, THEREFORE BE IT RESOLVED that the Prince Wiliam Board of
County Supervsors does hereby states its opposition to the establishment of an off-trck
gabling facilty in the Route 28 corrdor and urges the defeat of the referendum by the
citizens of
the City of Manassas Pa.k at the General Election on Tuesday, November 2, 2004.
(0 c¡
AGENDA STATEMENT
Page No.
Item No.
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
5 Minutes
AGENDA ITEM TITLE:
Tri-County Parkway Project - Designation of City Representative
DATE THIS ITEM WAS
LAST CONSIDERED
BY COUNCIL:
N/A
SUMMARY OF
ISSUE/OPIC:
fQ5
;¿~
Council needs to designate a member to replace former Council Member Xerk
White to the Tri-County Advisory Task Force.
STAFF
RECOMMENDATION:
Authorize Mayor to sign attached letter.
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
_Approve _Disapprove _See Comments
CITY MANAGER:
i-pprove _Disapprove _See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
The Tri-County Parkway Location Study is part of the Environmental Document
required to determine the final corridor for this roadway. Important decisions
regarding the project will be made in the next 6 months as the study concludes. A
map of the study corridor is attached.
BUDGET/FISCAL
IMPACT:
N/A
STAFF:
Michael C. Moon, Director of Public Work (703) 257 -82~~
If Council members have questions, you are urged to call the staffperson who prepared this agenda statement prior to Council meeting.
f. fp
crl'rro'tCn:rrr.
CITY OF MANASSAS
" "Ç.10.,
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l~"":~~
~~.
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VIRGINIA
ft(r(ffr\§9 V""-;;,""
/"~St'. .-- .f4'-~-?'
t:~ ~.~.. ~~
~ I :~:Ü'~~'i~;-'"~':' ~: ,1.. ~
:: X '.--. !X"!~;~-j,i\ ;, C- C' A. ~
;. t¿()-;~;~.'::d:"\::~;~:.,h,'\::~~~šF, ~;..'"
'- +( "Rich in Historic *' ~';)
MAYOR
~.. A~- Interest" .if- ,il
'-~,"J~" 1873 ;;J.1Ji'
Douglas S. Waldron
'-''''''-'7--¡.1.fJ1J!J
Offce of the Mayor
CITY COUNCIL
9027 Center Street
P. O. Box 560
Har J. Parish II, V. Mayor
Judith S. Hays
Jackson H. Miler
Bob Oliver
J. Steven Randolph
Steven S. Smith
Manassas, Virgina 20108
703/257-8213
703/365-2060 fax
October 19,2004
CITY MAAGER
Lawrence D. Hughes
The Honorable Whittington Clement
Secretary Transportation
Ninth Street Office Building
Kiberly D. Allen
CITY CLERK
202 North 9th Street - 5th Floor
Richmond, VA 23219
Ref:
Tri-County Advisory Task Force
Dear Secretary Clement:
The City of Manassas has designated Mr. Harr (Hal) Parish II to replace Mr. Xerk White on the
Tri-County Advisory Task Force.
The City looks forward to working with the Task Force to move this project forward.
Sincerely,
Douglas S. Waldron
Mayor
DSW /sjt
cc:
Mr. Hobie Mitchel
Mr. Tom Fahrey
Mr. Christopher Reed
VVrginia Municipal League Achievement Award Winner 2002
Washingtonian Magazine Best Place To Live 2002
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AGENDA STATEMENT
PAGE NO.
(09
ITEM NO.
tt3
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
5 minutes (Time Certain 7:00 pm)
AGENDA ITEM TITLE:
Presentation by Steve Nelson, Legislative Committee Chair of the
Prince Willam Greater - Manassas Chamber of Commerce of a
resolution from the Chamber supporting several City projects.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
N/A
SUMMARY OF ISSUE/
TOPIC:
STAFF
RECOMMENDATION:
Steve Nelson, Legislative Committee Chair for the Prince William
Greater-Manassas Chamber of Commerce wil be presenting a
resolution to the City Council that endorses the City moving forward
with the construction of the VRE Parking Garage, the City Hall Parking
Garage and the Cityscape Project (sidewalk widening program) in Old
Town Manassas.
Information Only.
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
_Approve _Disapprove
See Comments
CITY MANAGER:
!!APprove _Disapprove
See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
None.
BUDGET/FISCAL
IMPACT:
None.
\.
STAFF:
Debi sandlAAgomic Development Manager, 703-257-8297
Elizabeth yi;;, AICP, Dir. of Community Development, 703-287-8224
I
If Council members have questions, you are urged to call the staff person who prepared this agenda statement prior
to Council meeting.
10
AGENDA STATEMENT
Page No.
Item No.
1/ -
~if
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
10 Minutes
AGENDA ITEM TITLE:
Feasibility Review of Lot Creation by Vacating Certain Public Roadway Stubs in the
City Along Stonewall Road
DATE THIS ITEM WAS
LAST CONSIDERED
BY COUNCIL:
N/A
SUMMARY OF
ISSUEITOPIC:
The City's Engineering Department has prepared a feasibility study of vacating
roadway stubs on Weems Road and Jackson Avenue.
STAFF
RECOMMENDATION:
Do not vacate the public streets.
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
CITY MANAGER:
~pprove _Disapprove _See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
The attached letter dated September 21, 2004 provides a "pro vs. con" analysis on
this action.
The overriding issue on why this should not be pursued is that the lots created by
the vacation of the roadway stubs would not meet the current zoning lot area
requirements or setbacks necessary for a home in this location. Basically we would
be creating non- buildable lots.
The other issues are secondary and would present other challenges if this were to
be pursued.
BUDGET/FISCAL
IMPACT:
N/A
STAFF:
Michael C. Moon, Director of Public Works 703-257-823""~ ¿¿ ~A1
Don Sager, Assistant City Engineer 703-257-8320 i: "'£ " '7
If Council members have questions, you are urged to call the staffperson who prepared this agenda statement prior to Council meeting.
1óL
CITY OF MANASSAS
PUBLIC WORKS DEPARTMENT
MEMORANDUM
September 21,2004
Memo to: Michael Moon, Director of Public Works
From:~~er, Assistant City Engineer
SUb~ Mayor Parrish's Stub Street Vacation 1 Lot Creation
In response to the request by Vice Mayor Parrish regarding the possible vacation of
stub streets, such as exist in the Point of Woods Subdivision, I wish to provide the
following information. This information includes a "pros and cons" data sheet for these
particular streets, maps showing the existing utilities, aerial maps showing the proximity
of the adjoining residential units (houses), maps showing the existing area of each stub
street if it were to be vacated, and the minimum lot area needed to comply with the
current zoning regulations.
Also included is a copy of the approved proffer statement from the Sumner Lake
development. It was understood that the Jackson Avenue Stub Street would be used for
emergency access to the upper reaches of the regional SWM pond.
If you have any questions, or need additional information, please contact my office.
Attached:
Thirteen (13) copies of the attached
Pros and Cons Comparison
Proffer Statement from Sumner Lake Development
Aerial Map of Jackson Avenue Stub Street
Tax Map of Jackson Avenue Stub Street showing Utilities
Aerial Map of Weems Road Stub Street
Tax Map of Weems Road Stub Street showing Utilities
cc: File
13
Stub Street Lot Creation Pros & Cons
Pros
Cons
Places additional area on tax rolls
Insuffcient area to meet current
Zoning requirements without
acquiring additional
land area
from adjoining lots.
Insuffcient width to meet current
Zoning requirements (width at
setback line) without acquiring
additional area from adjoining lots.
Existing emergency access to Sumner
Lake would be eliminated
(proffered in Smith Rezoning)
Existing utilities would have to be
removed (water main, etc.)
Eliminates existing R V parking, etc.
Adds additional traffc to roadway
network.
1tf
EXISTING R/W AREA = 6,832.45 sq. ft.
ZONING MIN. AREA = 15,000 sq. ft. R-1
MIN. FRONTAGE (PER ZONING) = 100'
MIN. LOT SIZE (PER ZONING) - - - -
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EXISTING R/W AREA = 7,086.38 sq. ft. ICò0
ZONING MIN. AREA = 10,000 sq. ft. (R-2S)
MIN. FRONTAGE (PER ZONING) = 70'
MIN. LOT SIZE (PER ZONING) - - - -
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PROFFER STATEMENT
Rezoning 2000-3
Smitherwood Land Company/Airston
. May 15. 2000
The Applicant hereby proffers that the development of the propert that is the
subject of this application shall be in strict accrdance with the conditions set forth in
this submission. unless an amendment thereto is mutually agreed upon by the City
Council and the undersigned. For purposes of these proffers. Applicant shall mean the
party who owns the land that is the subject of the applicable proffer. In the event the
above-referenced rezoning is not granted as applied for by Applicant. these proffers
shall be withdrawn and. null and void. These proffers are intended to run with the land
only and shall not create any personal liability on any person who no longer owns an
interést in the land affected by a proffer.
SITE DEVELOPMENT
1. Development of the Property shall be in general accordance with the
Generalized Development Plan (pages 1 through and including 3) prepared by
Dewberry & Davis dated April 12, 2000 (the "GDP") (Exhibit A), subject to minor
modifications necessitated by final engineering, specific house locations, and conflicts
with City regulations that do not substantially alter the layout or .design. . The size and
boundaries of individual lots may be adjusted to accommodate specific models of
houses or options, provided that the number of dwellng units shall not exceed the
maximum specified herein and, except for the age-restricted units. a maximum of five
single family dwellng units of each type may be substituted for single family dwellng
units of another type (for example, up to five executive vila units could be substituted
for five old town colonial units). Except for individual condominium units, no lot shall be
less than 4,000 square feet in size and no additional pipestem lots shall be created.
2. The maximum number of dwelling units to be constructed on the Property
shall be 300 and at least 48 of said units shall be "age-restricted" in accordance with the
following parameters which shall be incorporated into the homeowners association
documents:
a.
All units shall be occupied by at least one person fifty-five (55) years of age
or older and within such units the following conditions shall apply:
i.
All other residents must reside with a person who is 55 years of age or
older, and be either a spouse, or a cohabitant eighteen (18) ye:a.rs of
age or older who provides primary physical or economic support 1:o-fe
person who is 55 years of age or older.
ii.
Guests under the age of 55 are permitted for periods of time not to
- ,.
exceed ninety (90) days total for each such guest in any calendar year.
i
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ii. "If tiUe to . any lot or unit .
shll. bee vested in 8(Y pers t. Îh
age ooss~~~y~~~d...!_'!Jssbuon, foós or Gpaaa,~
la, th"agéreon Co . Shl not wo a foeit or reVè
of tiUêl ~inn;"šüdì~"thúS"ttng tie"'nn"ñõfbè"Pêèd
to reside;~+~_lot or' unit Urtil ~ shll have attained th ág of 55 or
otherse; satisfes the reuirements" as set fo hein.
Notwthstanding. a surviving spouse shall be allowed to continue to
occpy a dwellng unit without regard to age.
b.
The above descrbe use restrdions may be amended from time to time in
a~rdance with applicable local and state regulations governing age
restrided housing and the Federal Fair Housing Ad so long as the
substantive intent as set fort herein is maintained. In no event shall the
minimum age of residents be less than the ages set fort herein above.
3. Property owners within 250 feet of any blasting area shall be provided
twenty-four hours advance written (1otice before any blasting occurs and reasonable
measures shall be instituted to prevènt flyrock.
4. Noise generating construction activities shall be limited to 7:00 a.m. to 8:00
p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday, subjed to the
receipt of any necessary approvals from the City Manager in accordance with Section
19-12 of the City Code.
5. The Applicant shall implement dust control measures as needed to prevent
the unreasonable spreading of dust beyond the boundaries of the property.
6. The Applicant shall, during clearing and grading, provide site access to the
Manassas Museum system, and allow it to examine any artifacts that are discovered.
7. The primary construction entrance for the project shall be from Plantation
Lane. Provided, however, that access via Thomwood Lane may be the principal
construction access point for construction of the dam and custom home section of the
project.
lines of
8. The Applicant shall not install any plants in the extension of the right of way
Weems Road and Jackson Avenue, as shown on the GDP.
9. Because of the impracticality of providing finished grading plans prior to
rezoning of the Propert. the Applicant shall. pursuant to its request, be permitted to
provide final grading contours ai mo-foot intervals on the final s1e plan.
2
AGENDA STATEMENT
Page No. cg I
Item No. óó l'
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
5 minutes
AGENDA ITEM TITLE:
Recognition of the Volunteers and Contributors for the
Manassas Veteran's MemoriaL.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
June 21,2004
SUMMARY OF ISSUE/
TOPIC
To recognize the volunteers and contributors for their
donations towards the construction of the MemoriaL.
STAFF
RECOMMENDATION:
No action required.
BOARD/COMMISSION/
COMMITTEE:
RECOMMENDATION:
CITY MANAGER:
--APprove _Disapprove _See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
BUDGET/FISCAL
IMPACT:
STAFF:
Roger Snyder, RWS Consulting
agenda statement prior to Council meeting.
CC;;
AGENDA STATEMENT
Page No.
~3
Item No.
a~
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
5 minutes
AGENDA ITEM TITLE:
Consideration of Commendation for James E. Lesnick, former
Fire Chief of the Manassas Volunteer Fire Company.
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
This commendation is to recognize and thank James E.
Lesnick for his service as Fire Chief to the Fire Company and
the City of Manassas for the past nine years.
STAFF
RECOMMENDATION:
Approve commendation and present to James E. Lesnick.
BOARD/COMMISSION/
COMMITTEE:
RECOMMENDATION:
CITY MANAGER:
COMMENTS:
DISCUSSION
(IF NECESSARY):
BUDGET/FISCAL
IMPACT:
STAFF:
Don Holman, Chief, Manassas Volunteer Fire Company
Michael Rohs, Captain, Fire Department, Ph: 703/368-6211.
agenda statement prior to Council mee_ting.
il/
COMMENDATION
Salute to James E. Lesnick
,.
WHEREAS, James E. Lesnick has dedicated over thirty-five years of experience in fire
service and has been a member of the Manassas Volunteer Fire Company for over 26 years; and
WHEREAS, James Lesnick was elected to the position of Fire Chief in August 1995 and
continued to serve as the Fire Çhief through August 31, 2004; and
WHEREAS, under James Lesnick's leadership, he has led his members on countless
emergency calls, training and drils; and
emergency
WHEREAS, James Lesnick was instruental in the purchase of several new
vehicles enabling a higher standard of protection for the citizens of Manassas, as well as the
surrounding communities; and
WHEREAS, James Lesnick directed the purchase of self-contained breathing apparatus,
firefighting tu-out gear, upgraded the fire station cascade system and other firefighting
equipment for the fire apparatus in order to provide the firefighters with the best in firefighting
safety and equipment; and
WHEREAS, James Lesnick, during his tenure as Fire Chief also served on various
the Fire Company including the Finance Committee, L.O.S.A.P. Committee, New
Firehouse Committee and Awards Committee and served as the City's Hazardous Materials
committees of
Coordinator and Local Emergency Planing Committee;
the City of
NOW THEREFORE, I, Douglas S. Waldron, Mayor of
on behalf of
Manassas, Virginia and
the Manassas City Council ths 18th day of October, 2004 do hereby recognze, than,
and commend
James E. Lesnick
on his outstanding and dedicated service to meet the needs of our Fire Company and the
communty.
of
Manassas, Virginia
ATTEST:
Kimberly D. Allen
City Clerk
AGENDA STATEMENT
Page No. &S
Item No. 3~
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
10 minutes
AGENDA ITEM TITLE:
Public Hearing for Rezoning #2005-01, Sumner Lake Homeowners
Association
DATE THIS ITEM WAS
LAST CONSIDERED
BY COUNCIL:
June 2000
SUMMARY OF
ISSUEITOPIC:
To consider an application by the Sumner Lake Homeowners Association to
amend proffer #29 of REZ #2000-03. The amendment would remove the
requirement of designating all pipestem driveways as fire lanes. The fire
lanes are not required for the subdivision.
STAFF
RECOMMENDATION:
Approval
BOARD/COMMISSION/
COMMITTEE:
Planning Commission
RECOMMENDATION:
_X_Approve
CITY MANAGER
RECOMMENDATION:
-- Approve
Disapprove
Disapprove
See Comments
See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
Please refer to Staff Report for proffer amendment.
BUDGET/FISCAL
IMPACT:
STAFF: Yvonne P. ~n~ser, l~ICf, Senior Planner '\~u
Elizabeth SJ~ AICP, i-kector of Community Development
If Council members have questions, you are urgelto ca/l the staff person who prepared this agenda statement prior to Council meeting
ilo
REZONING
No. 2005-01
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Applicant( s):
Sumner Lake Homeowners Association
Site Owner(s):
Sumner Lake Homeowners
Site Address:
9294 Sumner Lake Blvd.
Site Location:
Sumner Lake Subdivision
Tax Map No.: n/a
Parcel Size: n/a
Comprehensive
Plan Designation:
Planned Residential Community
Current Zoning:
R-7, Planned Residential Proffered
Proposed Zoning:
Proffer amendment
Date Accepted for Review: August 30, 2004
Planning Commission Hearing: October 6, 2004
City Council Hearing: October 18, 2004
~'J
STAFF REPORT
REZ # 2005-01
BACKGROUND
of the
common property for the Sumner Lake Community. The creation of the Sumner
Lake Community was done through a rezoning for the 93 acreparcel, from A-1,
Agricultural to R-7, Planned ResidentiaL. A list of proffers accommodated the
rezoning. As with other proffered developments, such as Wellngton, proffers
need to be revised from time to time due to various land use circumstances.
The applicant, Sumner Lake Homeowners Association, is the manager
Revising proffers is a request to change the zoning laws that accompanied the
original rezoning. Public hearings and City Council approval of the proffer
change are required before the applicant can proceed with any proposed
changes to the propert.
PROPOSAL OVERVIEW
The applicant wishes to amend proffer #29 of REZ #2000-03. The amendment
would remove the requirement of designating all pipestem driveways as fire lanes.
The applicant does not want to paint these areas yellow.
ABUTTING PROPERTY INFORMATION
This proffer amendment only affects properties within the Sumner Lake
development. There are single family houses from within the development
adjacent to the pipestem driveways that are affected by the proposed change in
the proffer. A map of the affected area is referenced and attached as Exhibit A.
PROPOSAL ANALYSIS
The applicant would like to remove the wording of proffer #29 as it relates to
pipestem driveways and fire lanes. In accordance with the proffer as it is
currently worded, the applicant is required to have all the subject road sections
painted yellow.
The current proffer reads as follows:
ii
Proffer #29. The Applicant shall post "No Parking" signs on all alleyways,
pipestem driveways, and private streets (except for designated parking spaces).
All pipestem driveways (exceptfor designated
parking spaces) shall be
designated as fire lanes. The City of Manassas shall be entitled to enforce said
no parking and fire land restrictions.
The proposed revision reads as follows:
Proffer #29. The Applicant shall post "No Parking" signs on all alleyways,
pipestem driveways and private streets (except for designated parking spaces).
The City of Manassas shall be entitled to enforce said no parking restrictions.
The applicant requests the change to the proffer due to the requirements of the
. Fire Marshal and the City's Design and Construction Standards Manual that all
designated fire lanes be painted bright yellow.
These are privately owned streets with private access. The applicant desires to
control the no parking through signs only. If the sentence referencing that "all
pipestem driveways shall be designated as fire lanes" is removed from the proffer
the applicant shall only have to provide the no parking.signs.
The Zoning Administrator has no issues with this requested proffer change. The
Fire Marshal feelsthe language of the proffer amendment is
acceptable. There
are adequate fire lanes properly designated through out the remainder of the
development.
Staff has reviewed the proposal and believes that the removal of the sentence
referencing the fire lanes wil not create any safety issues for the existing
properties in Sumner Lake, nor change the intent of the original proffers. The
overall
land use remains the
same. .
COMMUNITY DEVELOPMENT STAFF RECOMMENDATION
Staff RECOMMENDS APPROVAL of the rezoning amendment as proffered.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission RECOMMENDS APPROVAL of the proffer
amendment proposal as submitted on October 6, 2004.
SCALE 1 : 7,302
FEET
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. PWC Hospital
~ Metz Middle Schools
. Manassas Government
. Manasss POlice Depart...
~ Manassas Rescue Sqad
. Manassas.Fire Department
I Manasss Vistor Center
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City Points of Interest
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DRAT
MINUTES
City of Manassas Planning Commission
October 6, 2004 - 7:30 p.m.
Members
Present:
Jonathan Way, Chairman, Gary Howard, Vice
Chairman, John Ahrens, Nancy Breeden,
Sterling Rush
. Members Absent:
Christine Finnie, Charles Sionim
Community
Development
Staff Present:
Elizabeth S. Via, AICP, Director
Yvonne P. Conatser, AICP, Senior Planner
Mary Ann Tyler, Administrative Assistant
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Chair called the meeting to order at 7:30 p.m.
DETERMINATION OF A QUORUM
The Clerk took the roll and a quorum was determined.
APPROVAL OF MINUTES
Chair called for approval of the September 15, 2004 meeting. Mr. Rush stated that
on page 2, last sentence, the word "than" should be ''then''. Ms. Breeden moved
to approve the minutes as amended. Mr. Howard seconded the minutes.
The minutes were unanimously approved.
CITIZENS' COMMENTS - OTHER THAN AGENDA ITEMS
No one came forward.
NEW BUSINESS- Public Hearing
REZ # 2005-01 - Sumner Lake Homeowners Association
Chair stated that he has an affdavit before him signed by an authorized agent of
the Manassas Journal Newspaper stating that the advertisement for the public
hearings on tonight's agenda was duly published in the newspaper in accordance
with the law.
Ms. Conatser came forward to present the staff report for REZ # 2005-01.
She
stated that this application is to amend one of the proffers. The applicant would
like to remove the wording of proffer #29 as it relates to pipe stem driveways and
91
9~
Planninq Commission Minutes - October 6. 2004
Paqe 2
fire lanes. In accordance with the proffer as it is currently worded, the applicant
is required to have all the subject road sections painted yellow. The existing
. proffer states: "the applicant shall post "No Parking" signs on all alleyways, pipe
stem driveways, and private streets (except for designated parking spaces). All
pipe stem driveways (except for designated parking spaces) shall be designated
as fire lanes. The City of Manassas shall be entited to enforce said no parking
and fire lane restrictions.". The proposed proffer states: "The Applicant shall post
"No Parking" signs.on all alleyways, pipe stem driveways and private streets
(except for designated parking spaces). The City of Manassas shall be entitled
to enforce the no parking restrictions." The change would remove the middle
sentence that indicates that the pipe stem driveways, shall be designated as fire
lanes. That is what kicks in the yellow painting. Staff recommends approval of
the rezoning amendment as proffered.
Mr. Howard stated that the original proffer designated
these lanes as fire lanes.
At the time that rezoning was done, was it a requirement of the Fire Marshal and
the DSCM that they would be painted yellow, or is that something that happened
after the original R-7 rezoning. Was the developer aware of the requirement of
painting these lanes at that time?
. Ms. Conatser responded that she is not sure if the developer was aware of what
would be required under the statement of proffer #29. The only reason that this.
issue came about was that in order for the bonds to be released, the pipe stems
would have to be painted in accordance with the DCSM.
Ms. Via stated that the purpose of the proffer was to restrict parking. Fire lanes
language to restrict parking. The no parking
signs by themselves, restrict parking.
were thrown in there as additional
Mr. Way stated that his understanding is that they used to be required as fire
lanes and now they are not needed as fire lanes anymore.
Ms. Via responded that the purpose of the original proffer was to restrict parking.
There is no need that these be designated as fire lanes. These are over and
above any requirement of the DCSM or City Code. The Fire Marshal's offce
supports the change and does not find any compromise in safety.
Chair asked if the applicant wished to address the Commission.
Kevin Jackson of 9294 Sumner Lake Boulevard came forward to address the
Commission. Mr. Jackson is the president of the Sumner Lake Homeowners
Association and represents the HOA. He stated that there is no need to
designate the pipe stems as fire lanes. They are very wide and there is always
room to go down that road even when cars are parked. It is important however,
to restrict the parking on those particular roads and put no parking signs and give
hearing
the police authority to enforce those restrictions on our private streets. In
the discussion this evening, he understands the concern from the Commission
and it may be important to add the words "tow away zone" to the signs in that
P:\MA Nlanning Cornission\PlaningCornssionMinutes\2004PlanningCornissionMinutes\I 0062004minutes.doc
Planninq Commission Minutes - October 6. 2004
Paqe 3
area. We believe that this does not in any way affect the safety by not having the
streets painted.
Chair
asked if there was anyone present who wished to speak for or against REZ
# 2005-01.
A.J. Jones of 9288 Sumner Lake Boulevard - Mr. Jones stated that the issue
of painting of the roadways was discovered during a final inspection prior to
releasing of
bonds. He
stated that even with cars parked on the roads, a fire
engine could getthrough in case of fire so he asked the Planning Commission to
recommend the modification to the proffer.
Ms. Breeden moved to close the public hearing. Mr. Rush seconded the
motion. The MOTION CARRIED UNANIMOUSLY to close the public
hearing.
Chair called for discussion.
Ms. Breeden asked if the there would be any objection to having the signs state
no parking, towing enforced. Can we do that legally?
Ms~ Via responded that these are private streets and ifthe.HOA wants to put up
tow away zones, they have the abilty to do that with or without proffers. They
own the streets.
and the proposed proffer has
mandatory language that no parking signs shall be posted on the pipe stems.
Mr. Howard stated that the original proffer
Mr. Ahrens stated that from an access standpoint
it is not going to be an issue.
Ms. Breeden moved to recommend approval of REZ # 2005-01. Mr. Ahrens
seconded the motion. Chair called for roll call vote. Ms. Breeden, .yes,
Mr. Ahrens, yes, Mr. Howard, yes, Mr. Rush, yes. The MOTION CARRIED
UNAIMOUSL Y to recommend approval of REZ # 2005-01.
OTHER BUSINESS
UPDATE ON DEVELOPMENT AND ECONOMIC WORK PLAN
Ms. Via came forward and presented an update to the work plan for both
community development which include the planning and zoning and economic
development. The presentation included key dates for several upcoming work
sessions. Pêrformance measurements for Community Developmentwere also
presented.
P:\MAT\lanning Commission\PlanningCommissionMinures\2004PlanningCommissionMinutes\l 0062004minures.doc
93
qtf
RESOLUTION
Re:
REZ # 2005-01 - Sumner Lake Homeowners Association
~
WHEREAS, the Manassas Planning Commission held a public hearing for
Rezoning # 2005-01 on October 6, 2004 to amend the proffers for REZ #2000-03; and
WHEREAS, the Commission has heard from the City staff, the applicant, and the
public with regard to this land use matter; and
be in general conformance with the
WHEREAS, the application is found to
Comprehensive Plan and policies of the City of Manassas; and
WHEREAS, removing language from proffer #29 as it pertains to pipestem
driveways and fire lanes is not projected to have an adverse impact on the community
provided the revised proffer is followed.
NOW THEREFORE
BE
IT RESOLVED, that the Planning Commission hereby
RECOMMENDS APPROVAL of REZ # 2005-01, (proffer
amendment).
-'o~
Co ('L+
Date
\plan\mat\rezoning\supshls\pcresolutionapproval.shl.doc
95
Appendix A
Applicant's Submission
,-
.."""
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--~
CC to
City of Manassas
FOR ZONING MAP AMENDMENT
APPLICATION
FIENO: ~EE # ~ÓÓo-D'
DATE ACCEPTD:
TAX MA:
I (WE) Sumer Lake Homeowmers Association
Owner of Record
of
9294 Sumer Lake Blvd.
Address
VA
State
Manassas
City
(703) 335-0830
Telephone
20 i 10
Zip Code
kiackson 99(gyahoo.com
E-mal
Fax
HEREBY PETITION TO CHANGE PROFFER #29 OF REZONING 2000-03
From the R7 Proffer #29 amendment Distrct, to the R7 Proffer #29 amendment - Distrct on the
property located as follows, descnbed, and shown on the plat maps attached hereto, which are made a par of this
application. This propert contais approximately 1O0 acres (tota area).
(Acreage or Square Feet)
the proposed use is not to be binding, and
the applicant requests any or all permssible uses under the zonig category, it shop.ld be stated here as well as on the
development plan and text. If the use is to be binding:, it should be stated as a proffer here and on the development plan
In the space below, state the specific use for which the rezoning is requested. If
and text.
Amend proffer statement #29 to remove the recuirement for designating pipestem ddveways as fire lanes. Please see
attached revised proffer statement. DevelotJment shal be in strct accordance with the conditions set forth in this
submission unless amendment thereto is mutually agreed upon by the City Council and the under signed.
Mail Correspondence to:
Kevin Jackson, President, Sumner Lake HOA
Name
9294 Sumner Lake Blvd
Address
Manassas
City
9294 Sumner Lake Blvd
Address
VA
State
201 10
Zip Code
Manassas
City
(703) 335-0830
Telephone
Contract Purchaser (if any)
VA
State
Zip Code
(703) 335-0830
Telephone
N/A
Name
Address
20 i 10
Telephone
City
State
Zip Code
91
Sumner Lae Homeowners Association
Revised Proffer Statement
Orgnal Proffer with changes highlighted:
#29 The Applicant shall post "No Parking" signs on all alleyways, pipestem
drveways and private streets (except for designated parking spaces). :\11 pipstem
driveways (except for designat-ed parking spaces) shall be designat-ed as fire lanes.
The City of
Manassas shall be entitled to enforce said no parking and fire lane
restrctions.
Revised Proffer statement:
#29 The Applicant shall post "No Parking" signs on all alleyways, pipestem
drveways and private streets (except for designated parking spaces).
The City of Manassas shall be entitled to enforce said no parking
restrctions.
All other proffers to remain as approved as par of rezoning 2000-03.
I hereby proffer that development that the development and use
of the propert subject of this application shall be in
strct accordace with the conditions set fort in this submission, unless an amendment thereto is mutually agreed
upon by the City Council and the undersigned.
Kevin Jacskson, President
98
APPENDIX B
AGENCY REVfWS
l,
This rezoning/special use permt application was sent to appropriate deparents and
organizations for review and comment. Please note ~hose agencies to which the application
was given. Their responses are noted in checklst fashion below. Written comments or
concerns follow this cover sheet.
RESPONSE
SENT
TO
.¡
AGENCY
City Attorney
NO
''CONCERNS
WRTTEN
RESPONSE
NO
RESPONSE
v'
City Airport Manager
City Electric Dept.
City Engineering Dept.
City Inspections
./
Fire Marshal
City Museum
J
City Parks & Rec.
City Planning Commssion
City Police Dept.
City Schools
City Social Servces
,-
~
City Water Dept.
City Zoning Adm.
Manassas Park
/
PWC Planning Office
PWC Health Dept.
PWC Planning Office
Water Authority (UOSA)
Horte',;." ;-;iralist
VDOl
AgeneyRv.sbllIDisk 6-nr& am sbeIH
June 2004
09/22/04
11:18
5'7035300728
ia 001/001
SMITH&DA\~NPORT$ ~~~ CITY HALL
CITY OF MANASSAS
VIGINIA
9027 Cete SD'
99
MAYOR
D01gl1I S. WaldrOI1
CI1 COlmCD.
Han J. ?arsh n. v. Mayor
Judith S. Hays
Miias, VA 20110
JadSOI' R. Miler
Bob Oliver
Telepone: 703-257-822
Facmile: 703-257-5117
S. Stcve Randolph
Sicvi: S. Smith
Sepember 8, 20
Eii.be S. Via, Diretor
Off¡;~ ofCommity Dcvclopmet
CI1 MANAGER
U\Vence D. Hughes
Cit AR (6)
TO:
City Attomey
..
Cit Airprt Man
Ci Elecc Departnt
De
SEP - 9. :~, -.~t:l
. .
.. ....... - _. ....-
City Enineering
~~ttJ \nsp~o!!s
City Mus
Ci Pa & Rereon
City Planning Commission (7)
City Police Departnt.
City Schoo
Cit Sosl Sece
Ci Watr Deart
..
Cit Zoing Admini&tr
Cit of Manassa Par
P.W.C. Hea Depa
Prinç William County
..
~
Fire Marhal
B8utca Committ (Cit Hortculturist)
FROM: Yvonne Co. Conity Develomet
RE: REZONING # 2005-01 - Sumner Lake Homeers Asociation - Proffer Amendment
Th atted Rezning is forwed to you fo your recmmedaonscormts. Your
will be includ in the Communit Developm Departs staf reprt
resns
Please retm yor comments and remmendons to th COMMUNllY DEVELOPMENT
OFFICE by September 17, 20. If your departenagency do not have comments,
please so indice, sign and rem.
Thks.
CommentsCOF1ems:
i
/\ \;'\ ,.. C& ~"'c- in~\c~\\Signatre: \ì~,"~~Q..~.~
\'""" .
Dae:~
J'rgniQ MWlicipl Leággø. A.chievement A.ward Winner Z002
WasJJinetoniarr Magazine Best Ffaci To Live 1002
--
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,'.... ~\/t"-....(:,-;
. CITY Of MANASSAS
~..
,~..
..
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...~~..~
--..,-:
l:¿ , ,~t:., ~~i\
VIRGINIA
CITY COUNCIL
9027 Center Street
Har J. Parsh n, V. Mayor
Manas, VA 20 Ii 0
t:r~~,;~~,':/
Facsimile: 703-257-5117
Elizabeth S. Via, Director
Offce of
Judith S. Hays
Jackson H. Miler
Bob Oliver
Telephone: 703-257-8223
'''-''1 ",,~'
TO:
-v
J. Steven Randolph
Steven S. Smith
September 8, 2004
Community Development
MAYOR
Douglas S. Waldron
CITY MANAGER
Lawrence D. Hughes
City ARB (6)
City Attorney
City Airprt Manager
City Elecc Departent
City Engineering Department
~:~r 'i"~~ec+krs
City Museum
-v
City Parks & Recreation
City Police. Department
City Schools
City Social Servces
City Water Department
City Zoning Administrator
City of Manassas Park
P.W~C. Health Departent
-v
Prince Willam County
Fire Marshal
Beautification Committee (City Hortculturist)
FROM: Yvonne Conatser, Community Development
RE:
Association - Proffer Amendment
. The attached Rezoning is forWarded to you for your recommendations/comments. Your
REZONING #2005-01 - Sumner Lake Homeowners
response wil be included in the Community Development Department's staf report.
Please return your comments and recommendations to the COMMUNITY DEVELOPMENT
September 17, 2004. If your department/agency does not have comments,
please so indicate, sign and return.
Tha~~ c..'.
. '.. . . .. ..... --.. ,
OFFICE by
. . ..~A/lA'U_O
~ 29ny
Comments/Concerns.
~ M~ ~OAi-~
~~\,e ....
.
Signatre=ß~g~. Dar: /( ò
Virginia Municipal League Achievement Award Winner 2002
. Washiniztonian !v!agazÙie Best Place To Live 2002
/01
,~,r,s.
I i;,--"""', '¿'i'_~.
CITY OF MANASSAS
/5"~'
.~\
VIRGINIA
i:: :;:
,I...
l:\tr;'~.
#/-.
.,.'~,:.
t' ÇI~.U, .~ ~.
" ~, .'" IX" ::
Judith S. Hays
Jackson H. Miler
Bob Oliver
1. Steven Randolph
Steven S. Smith
¥31~' VA 20110
Telephone: 703-257-8223
Facsimile: 703-257-5 I 17
Elizabeth S. Via, Director
Offce of Community Development
TO:
..
CITY COUNCIL
Har 1. Parsh II, V. Mayor
9027 Center Street
\_--~:::;'~,;~;!:'::".;i
MAYOR
Douglas S. Waldron
September 8, 2004
CITY MANAGER
Lawrence D. Hughes
City ARB (6) .
City Attorney
City Airprt Manager
City Elecc Departnt
City Engineering Department
City !nspecticlJ5
City Museum
City Parks & Recreaton
City Police Department
City Schools
City Soial Servces
City Water Department
..
..
CityZoningiAdministrator
City of Manasss Par
P.W.C. Health Departnt
Prince Willam County
Fire Marshal
Beautcation Committee (City Hortculturist)
FROM: Yvonne Conatser, Community Development
RE: REZONING # 2005-01 - Sumner Lake Homeowners Association - ProfferAmendment
(
The attached Rezoning is forwarded to you for your rèCmmendationslcomments. Your
response will be included in the Community Development Departents staf report
, Please return your comments and recommendations to the COMMUNITY DEVELOPMENT
OFFICE by September 17, 2004. If your department/agency does not have comments,
please 80 indicate, sign and return.
. Than~. .
COmm&lïis/Concern .
Signature:
Date:
Vìrginia Municipal League Achievement Award Winner 2002
Washinf!tonian Maf!azine Best Place To Live 2002
.cr~ -ò4
/o~
AGENDA STATEMENT
Page No. 103
Item No.
33
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
30 minutes
AGENDA ITEM TITLE:
Public Hearing for an Appeal by NVP, Inc. of the denial, by the Manassas
Architectural Review Board, of Case # 2004-4 for a new residential structure at
9009-9011 Grant Avenue.
DATE THIS ITEM WAS
LAST CONSIDERED
BY COUNCIL:
SUMMARY OF
ISSUEfOPIC:
STAFF
RECOMMENDATION:
N/A
On July 13, 2004 the Manassas Architectural Review Board denied the request by
NVP, Inc. to construct a new residential structure at 9009-9011 Grant Avenue.
The ARB's denial of the Certificate of Appropriateness was based on their finding
that the proposed structure was not designed to be sympathetic with the character
of the historic district as required by Section 130-546(b) of the City of Manassas
Code of Ordinances.
Uphold the decision by the Manassas Architectural Review Board for a denial of
the Certificate of Appropriateness by NVP, Inc. to construct a new residential
structure at 9009-9011 Grant Avenue.
BOARD/COMMISSION/
COMMITTEE:
Architectural Review Board
RECOMMENDATION:
--pprove
_X_Disapprove
_See Comments
CITY MANAGER
RECOMMENDATION:
l\ Approve
Disapprove
_See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
Section 130-546(b) of the City of Manassas Code of Ordinances requires that the
Architectural Review Board réÝiew six criteria when determining whether or not a
new structure should be permitted to be constructed within the Historic District.
Please refer to the attached Staff Report for a review of the ARB's findings and
conclusions.
BUDGET/FISCAL
IMPACT:
STAFF:
None.
. a, AICP, Director, Community Development
. ayne, Zoning Administrator
If Council members have questions, ou are urged to call the staff person who prepared this agenda statement
prior to Council meeting
/01.
CITY COUNCIL ARB APPEAL
No. 2004-44
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E.S.
Applicant(s):
NVP, Inc.
Site Owner(s):
NVP, Inc.
Site Address:
9009-9011 Grant Avenue
Tax Map No.: 101-11-10-5A
Current Zoning:
R-1, Single Family Residential
Parcel Size:
20,000 sq. ft.
Summary of
Request:
To reverse the decision of the ARB for the denial of the request by
NVP, Inc. to construct a new residential structure at
9009-9011 Grant Avenue.
Date of City Council Public Hearing: October 18, 2004
¡OS
STAFF REPORT
ARB APPEAL
CASE# 2004-44
NVP, INC.
REQUEST
The applicant is appealing the decision of the City's Architectural Review Board (ARB) to deny the
request for a Certificate of Appropriateness to construct a new single family dwellng on a vacant lot at
9009-9011 Grant Ave.
Note: this application does not include the pool house shown on the attached location
drawina.
DISCUSSION
On July 13, 2004, the applicant appeared before the ARB and sought to obtain approval to
construct a two & one half story Colonial/ Federalist style home on an existing lot on the northeast side of
Grant Avenue. Copies of the minutes of that meeting and the original Staff report are attached for
information purposes.
Specifically of concern in the ARB deliberations of the proposal was the nature of the corridor and
the compatibility of the applicant's proposal with the adjoining structures. The dwellngs on either side of
the applicant's lot are one and a half story Cape Cod bungalows setting between 35 and 45 feet from the
front propert line. Across the street are several older two story contributing structures and a new two story
colonial structure constructed in 1992. The buildings on either side and across the street are classified as
contributing while the newer home diagonally across the street is listed as non-contributing.
The applicant is seeking approval for the construction of a basic tract home that has been
constructed previously in the newer developments on Brinkley Lane and Gregory's Grove off of Dumfries
Rd. An attractive home when grouped with other larger homes of similar age and design, this structure is
out of place with the neighboring dwellings in the historic district. The lack of a symmetrical shape,
irregular window sizes, exposed basement window and a large dormer over the double garage on the front
are a few of the design elements that detract from the modest housing stock on this portion of Grant
Avenue.
In addition, the applicant proposed to use a false brick façade on the front, with vinyl siding in the
gables and on the sides and rear of the building. Windows are shown as one over ones, which have been
determined to :'e inappropriate for this part of the historic district.
The~;taft :ecommended to the applicant that the following changes be considered that would
achieve the oosked floor area while addressing the needs of the historic district and surrounding buildings.
1. Lower the building so the basement level is below grade with no windows visible at grade. Window
wells may be used.
2. Lower the entry gable and roof and plaæ the second floor windows in dormers.
3. Eliminate the high arch light over the front door and reduce the door transom to a more balanced
proportion.
/oro
4. Reverse the left floor plan to have the living space on the front of the house and access to the
attached garage via the rear alley or detach the garage and place it on the rear alley.
5. Use a cement fiber board on any front gable and wrap the brick around both side elevations.
6. Modify the roof to be a true gambrel roof not gabled on one end and sloped to a false gambrel on
the other as shown. The left side elevation clearly shows how the rear roof line becomes nothing
more than a shed roof with an exaggerated gable expanding the height of the building.
7. On the left side eliminate the side punch-out from the
gas fire place and construct a full bnck
chimney sympathetic to the adjoining buildings, or at a minimum, incorporate a false chimney in to
the wrap around brick.
The ARB after discussions with the applicant, and their desire not to modify the structure to be
sympathetic with the surrounding homes, found no recourse but to deny the request for the certificate
of appropnateness.
On August 12, 2004 the applicant, though legal counsel, Mr. Maynard Sipe, filed and appeal to the City
CounciL. This appeal was accompanied by the required check of $50.00 but no additional information
declanng the reasons for appeaL.
Staff contacted one of the applicants, Ms. Barbara Kelmartin on several occasions and at the request of
Ms. Kelmartin the appeal was tabled until October to allow for the consideration of a redesign to be
submitted to the ARB for reconsideration. Ms. Barbara Kelmartin did meet with staff, Mrs. Payne in
September of 2004 and presented a new design that took into consideration many of the concerns
raised in the meeting and it was recommended the applicant resubmit the proposal to the ARB for
reconsideration pnor to the appeaL. A copy of the revised design was not left with the City staff.
As of October 12, 2004 a revised proposal was not submitted to the ARB for consideration, and the
applicant's legal council was contacted by city staff to remind them of the public hearing.
Pursuant to section 130-555 (f) the following elements are to be considered by the City Council when
. hearing an appeal from the decision of the ARB.
CRITERIA
1. The activity is consistent with the
Secretary of the Int~riots Standards for:
(a) Rehabilitation; and
(b) Being architecturally compatible with
the historical, cultural and/or
architectural aspects of the HOD,
structure and its surroundings.
2. The visual impact of the proposed
exterior architectural features, including
ali siQns.
3. The general design~ scale and
arrangement of new construction and
additions.
4. The texture, material and color of new
construction, unless otherwise exempt
APPLICATION
Activity Proposed: Approval of a new tract style, two and
one half story residential dwellng
Not acclicable:
Applicable: This structure is a tract home constructed in
several new subdivisions in the area. It is not designed
with the character of the historic district. The roof pitch
and scale are not in balance with the older homes.
This structure wil overwhelm the bungalows on both
sides, 8'k: the massing of the building width and is not
consistel1!:lith the streetscape. .
The de~¡gn scale and arrangement of the new structure
is inappropriate for this lot.
The materials proposed are substantially inconsistent
with the desiqn Quidelines for new construction. As noted
ARB Appeal Case # 2004-4
Page 2 of 2
101
CRITERIA
from review.
5. The relationship of features (2) (3) and
(4) above to similar features of the
buildings and structures immediately
adjacent to or visible from the proposed
activity.
6. The extent to which the building or
structure would be harmonious with, or
incompatible with the historic aspects of
its surroundings.
APPLICATION
in the discussion section of this report.
This proposal demonstrates little care in the part of the
applicant to be sympathetic with the neighboring historic
structures.
The design and materials, setbacks and bulk are in
compatible with the adjoining properties. and the
features of this portion of Grant Avenue.
HISTORIC DISTRICT GUIDELINES
New Construction is addressed in the City of Manassas Historic District Guidelines pages
28, 31,42, 55, 56, 72 and 106.
CITY COUNCIL ACTION
The City Council may under Section 130-555(g) approve, deny or remand the request for the certificate of
appropriateness back to the ARB, based on the City Council's findings.
STAFF RECOMMENDATION
Staff RECOMMENDS DENIAL of the applicants appeal with a recommendation that the
applicant return to the ARB with a structure that is designed to be in character with the
architecture of the Historic District, in scale, design and materials.
/08
APPENDIX A
APPLICATION
RECEIVED AUG i 2-2004
109
MEMORANDUM
OFFICE OF THE CITY CLERK
DATE:
August 12, 2004
TO:
Lawrence D. Hughes, City Manager
Lorene Payne, Zoning Administrator
FROM:
Kimberly Allen, City Clerk ¿ LLtL
SUBJECT:
Appeal to AR Decision - #2004-44
NVP, Inc. - 9009 - 9011 Grant Avenue
Attached is a letter of appeal from Maynard Sipe representing NV, Inc. appealing
the Architectural Review Board's July 13, 2004 decision in reference to the
Certificate of Appropriateness deniaL. Please schedule this for a public hearing
before CounciL.
A check for $50 was submitted with the request and has been posted in the
the check and receipt are attached
Treasurers' office. Copies of
Let me know if further information is needed.
/ka
Attachments
-.' ,'. k ..
cc: ~..,,-,(iz Via, Community Development Director
Li~ 44f~
110
APPENDIX B
STAFF DOCUMENTATION
'.
CITY OF MANA~SAS
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VIRGINA
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COMMTY DEVELOPMENT
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III
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P.O. Box 560, Manassas, VA 20108
Phone (703) 257-8223 - FAX (703) 257-5117
File No.: Ift6 &oO#-Lll
DateAccepted:~
Tax Map:
ARCffTECTU REVfW BOAR
APPLICATION FOR CERTIFICATE OF APPROPRITENESS
I/(We) AI V P~íJ(l t 'do hereby petition for
approval of a Certificate of Appropriateness in accordance with Section 130- ~ to permit the following:
a~~~ljJÌ/ ¥d~d~~~-C
(Use ext page if needed)
Propert
Description:
:~bd~:::S °4:1 i ee ~// ':AU- ' ::::Distict
Datepurcha9 aÆiJ,~/~áácomerLot DYes
Lot
(g
Approximate Age of Original ~trcture - 0-
Non-conforming Use, Lot or Structure
Use of
Building
Description:
Structure ~,'IL J~
. . J i 1/
Number of Stories \:3 Width to q Depth 5 d /-I ¿: .' )
Heigh .0 S i Chinmys /J Ð/Jf. Basment ~e~ t1~;;h
(.. - .z e iio e r1ø.nc. i ~pl(/ d ~
::ro~:;;~eN;~f ~/(/l~~ß!t~~~êS
Submission
Requirements:
¿:ite Pla
o Floor Plan
o Matenal Sample
(,
.cxterior Elevations
DColor Samples
1
. "
II~
Mail Correspondence to:
/l
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Na'/OtJtl ~ &
JizitY!:: '
.
Ad~L'g~~ £
(City,State,Zip) G.//O
1I3- 6fa?- cJGf/
Phone
(Address) .a
ID((r:Zgy~p¿
(City, State, Zip)' /
(7lJ8 ~ ~l;?- OG r¡ /
Phone
.~ô!5J 66 9- BcJ/u
Fax
I hereby certify that I have the authority to make the foregoing application, that the application is
correct and that the construction wil conform to the regulation in the Building Code, the Zoning
Ordinance, or private
building restrictions, if any, which may be imposed on the above propert by
deed.
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PROPOSED HOUSE LOC¡f''ION
BASHAM
DATE: 06/21/04
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9011 GRANT AVENUE (SAS)
CIT OF llASSAS
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ENGINEERING l SUNG t PlAING
12920 FmATER DRI
NOlæ. VA. 20181
703-594-345
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CITY OF MANASSAS
VIRGINIA
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CITY COUNCIL
Telephone: 703-257-8223
Judith S. Hays
Jackson H. Miler
Bob Oliver
Facsimile: 703-257-5 i 17
1. Steven Radolph
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Douglas S. Waldron
Har J. Parsh II, V. Mayor
9027 Center Street
Manassa, VA 20 i 10
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MAYOR .
Steven S. Smith
July 14, 2004
Elizbeth S. Via, Director
CITY MAAGER
Lawrence D. Hughes
Mr. Harr S. Ghadban
RRR: 7003 1680 0006 8404 2207
NVP, Inc.
1042 Colonel Court
Manassas, VA 20110
RE: ARB Case # 2004-4 - NVP, Inc. - 9009-9011 Grant Avenue
Dear Mr. Ghadban:
On July 13, 2004, during the regular meeting of the Architectural Review Board (ARB).
your application for new construction at 9009-9011 Grant Avenue was denied.
You are hereby notifed that you have the right of appeal the denial of the Certificate of
Appropriateness to the Manassas City Council, pursuant to Section 130-555 of the Zoning
Ordinanæ. Please note, if your desire is to appeal, your must file the notiæ in writing of your
appeal with the City Clerk within thirty (30) days, August 11, 2004, after the decision of the
Board. .
The city clerk wil then schedule a public hearing with the City CounciL. A notice of appeal
a check or money order in the amount of $50.00.
shall be accompanied by
If you have any furter questions on this matter, please feel free to cal me at 703-257-
8247.
LWP/mat
CD: r-obert Bendall, City Attorney
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Elizbeth S. Via, Director
MAYOR
Douglas S. Waldron
" CITY COUNCIL
Har J. Parsh II, V. Mayor
Judith S. Hays
Jackson H. Miler
Bob Oliver
1. Steven Radolph
Steven S. Smith
CIT MANAGER
Lawrence D. Hughes
CERTIFICATE OF DENIAL
by the
ARCHITECTURAL REVIEW BOARD OF
ARB CASE # 2004-4
At the regular meeting of the City of Manassas Architectural Review
Board, the above referenæd case was denied, and the Certificate of Denial was
authorized to be issued subject to the specifications as noted on the attached
resolution.
Applicant( s):
NVP, Inc.
Owner(s):
NVP, Inc.
Site Address:
9009-9011 Grant Avenue
Site Description:
Northeast side of Grant Avenue between Beauregard and
Stuart Avenue
Denied Activity:
New Construction - Single Family Home
Denial Date:
July 13, 2004
Lo ne W. Payne,
Zoning Administrator
Virgnia Municipal League Achievement Award Winner 2002
Washin~tonian Magazine Best Place To Live 2002
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- 9027 Center Street
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Manassas, VA 20110
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MAYOR
Douglas S. Waldron
CITY COUNCIL
Har 1. Parsh II, V. Mayor
Judith S. Hays Jackson H. Miler
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Telephone: 703-257-8223
Bob Oliver -
Facsimle: 703-257-5117
1. Steven Radolph
Steven S. Snnth
Elizeth S. Via, Director
CITY MAAGER
Offce of Conuunity Development
Lawrence D. Hughes
ARCHITECTURAL REVIEW BOARD
RESOLUTION
Adopted: July 13, 2004
WHEREAS, the Manassas City Architectural Review Board has received
an application for a Certificate of Appropnateness from NVP, Inc. ARB Case # 2004-4, for the construction of a new single family dwellng at 9009-9011 Grant
Avenue; and
WHEREAS, the City administrative staff reviewed the application for
consistency with the City of Manassas Design Guidelines and the Department of
Interior Standards for new construction in an Historic District; and
WHEREAS, the City administrative staff found inconsistencies and
recommended denial as submitted providing recommended changes to the
applicant that would achieve the desired floor area while addressing the City
Design Guidelines and the needs of the historic district and surrounding
buildings; and
WHEREAS, the ARB reviewed the six criteria as stated in Section 130546(b) of the City of Manassas Code of Ordinances and found the following:
1. The house is not designed with the character of the histonc district. The roof
pitch openings and scale of the ei-chitectural features are not in balance with the
older homes. -
2. The structure wil overwelm the bungalows on both sides and the massing of
the building is not consistent with the streetscape.
Virginia Municipal League Achievement Award Winner 2002
/ig
. ' 3. the design, scale and arrangement of the new structure is inappropriate for
thé lot.
4. The materials proposed are substantially inconsistent with the design
guidelines for new constructon.
5. The building is not sympathetic to the neighboring historic structures.
6. The design and material setbacks and bulk are incompatible with the adjoining
properties and with the features of this portion of Grant Avenue.
WHEREAS, the intent of the request has not been found to be in
conformance with the intent and purpose of the City of Manassas Historic District
and Design Guidelines to preserve and protect the community's history and the
integrity of the area.
WHEREAS, the Architectural Review Board conferred with the applicant
to allow the applicant to revisit
the issues raised in the staffs review, however the
applicant requested a decision
at this meeting. .
and offered the opportunity for tabling the decision
NOW, THEREFORE, BE IT RESOLVED by the Architectural Review
Board of the City of Manassas meeting in regular session on July 13, 2004, that
ARB Case # 2004-4 as submitted is DENIED.
.t.
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DRAFT
119
MINUTES
REGULAR MEETING
CITY OF MANASSAS ARCHITECTURAL REVIEW BOARD
2ND FLOOR CONFERENCE ROOM
July 13, 2004 - 7:30 PM
Members Present:
Sterling Rush (Chairman), Tom Waters (Alternate)
Martha Wilson
Members Absent:
Jamie Siapinski, Gordon DeMuth
Staff Present:
Lorene W. Payne, Zoning Administrator
Mary Ann Tyler, Administrative Assistant
Chair called the meeting to order at 7:30 p.m.
ROLL CALL AND DETERMINATION OF A QUORUM
The Clerk called the roil and a quorum was determined.
APPROVAL OF THE MINUTES
Approval of the minutes were deferred to the August 2004, meeting because there was not a
quorum of members who were in attendance at the June meeting.
NEW BUSINESS
ARB Case # 2004-42 - George Mason Mortgage, LLC - 9117 Church Street
Chair recognized Andrea Mitchell, representing the applicant.
Ms. Payne presented the staff report for ARB Case # 2004-42. She stated that the applicant
seeks approval of the re-facing of a freestanding sign at 9117 Church Street. The proposed
sign has a white background with black lettering and Zinnia Scarlet ~ 7426N as accent color in
the swish. Staff recommends approval as submitted.
The applicant's representative was present and had no additional comments, and there
was no
discussion requested by the Board members.
Ms. Wilson moved to approve AF'B Case # 2004-42 as submitted. Mr. Waters seconded
the motion. The MOTION CARRIED \\NANIMOUSL Y.
ARB Case # 2004-43 - Robin M. Montessi - 9233 Portner Avenue
Chair recognized Ms. Montessi, the applicant.
. Ms. Payne presented the staff report for ARB Case # 2004-43. She stated that the applicant is
requesting approval for new construction of a single family dwelling on a vacant lot at
1;;0
DRAFT
Architectural Review Board Minutes - Julv 13. 2004
Paae 2
9233 Portner Avenue. Mrs. Payne thanked the applicant fro working with the staff to achieve a
design in keeping with the Board of Zoning Appeals approval and the Historic District. The
applicant had been in contact with the staff for several months and after discussion on the
character of the area and adjoining homes secured an architect to custom design a home that
used the cross roof design that is typical of the neighboring Libeau homes. The following
materials and design features are proposed:
Siding: Wall Corner boards Sofft and window trim -Hardi-Plank(I - either Select Cedar Mil with a 4 inch exposure or Smooth with a 4 inch
exposure.
The applicant has chosen to use Hardi-PlankCI - either Select Cedar Mil with a 4 inch exposure
or Smooth with a 4 inch exposure. Staff talked to the architect and recommended using the
Select Cedar Mil
4" smooth exposure. The choice will entirely be up to the Board, if they have
a preference on the type of siding. The Cedar Mil has the appearance of wood grain where the
smooth looks like a miled wood. The milled wood would be more in period of the 1920's, where
the wood grain is a little more associated with the early 1880's time period
Sofft: Non vented sofft on primary gables with a vented sofft on side eaves -Gable: Cedar or Red wood Fish scale shingles
Staff recommends that the applicant use cedar or red wood and not the vinyl that is shown on
the submitted plan.
Brackets and gingerbread on gable: Phy-pon molding factory or custom cut as
necessary.
Windows: Twinseal(I Double Hung classic two over two lights, vinyl windows with
between the glass grils and circle head inserts.
Staff recommends that windows have exterior mullions even if they are pop outs, so you get that
shadow on the glass versus having it in the glass.
Specialty Oval window to match exterior finish of the Twinseal (I windows
Exterior Lighting to be presented at a latter date
Staff recommends approval of this application with the modifications as suggested; the cedar
mill 4" exposure on the siding, primary gable be non-vented for the purposes or, :'~sual
consistency and vented under the side wall eaves, use the fy-pon molding for die'msettes;
cedar fish scale shingles in the gable areas in lie of vinyl, and reconsideration c:Lfrle windows to
be exterior mullion to create the visual shadow in the glass. Staff compliments the applicant for
an excellent resubmission of her plan because her first plan did not fit this corridor and she went
back and worked with the Board's recommendations and with her architect and came up with a
plan that fits perfectly with the rhythm of the other structures.
P:\MA 1ìrchitectural Review Board\ARBM inutes\2004minutes\07132004minutes.doc
I ()l
DRAFT
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Chair asked the applicant if she wished to make a statement or had any general comments on
the staff report.
Ms. Montessi stated that she is happy with her plans, but asked about the windows. She would
like to do vinyl windows because she cannot afford wood windows.
The chair suggested they go through the materials listing.
Ms. Wilson asked the applicant if she had a preference on either using the cedar mil or smooth
finish on the siding.
Ms. Montessi responded that she prefers the smooth finish.
Discussion ensued on the type of siding that would be preferred and it was the unanimous
consensus of the Board that the smooth would look more appropriate to the vintage of the
adjoining homes.
Ms. Wilson stated that she is in agreement with staffs recommendations. She thinks that if the
applicant does not choose exterior mullions, it is better to have no mullons at all rather than use
interior mullions. This Board has approved vinyl windows before and because the applicant has
done so much in every other way to make this an appropriate house, she has no problem in
approving the use of vinyl windows. However, for the record, she does not like the use of vinyl
windows, but has no objections in this new home construction.
Mr. Waters stated that being a resident in the Historic District he does not like the use of vinyl
windows because you can see that they are vinyL.
Discussion ensued over the window style and other elements of the proposal.
Ms. Payne stated that the critical element in this discussion is appearance. Her past
observations of the Board's decisions is the fact that the windows have the exterior mullons. If
they are not exterior, the Board should consider allowing one over one window lights, instead of
the two over two proposed.
Mr. Rush stated that the one over one would eliminate the mullon problem.
Ms. Payne stated that if the Board chooses to approve the two over two windows, the Board has
the grounds to require the exterior mullons.
Mr. Rush stated that the two over two would look much better.
Ms. Wilson moved to approve ARB,.Ca~~je # 2004-43 as submitted with the following
amendments. The applicant shall u~\: the Hardi-plank smooth Cedar Mil siding with 4"
exposure; solid sofft and gables; cedar fish scale and allow vented sofft on the eves;
the applicant shall have the option of having one over one windows or two over two with
exterior mullons. Mr. Waters seconded the motion. Exterior lighting shall come back to
the ,Board at a later date.
P:\MA 1\rchitectural Review Board\ARBMinutes\2004minutes\07 i 32004minutes.doc
/ ~ :;
Architectural Review Board Minutes - July 13.2004
DRAFT
.
Paae 4
Chair called for discussion. There was no further discussion.
Chair called for the vote. The MOTION CARRIED UNANIMOUSLY to approve ARB Case #
2004-43.
ARB Case # 2004-44 - NVP, inc. - 9009 Grant Avenue
Chair recognized Mr. Harry Ghadban and Ms. Barbara Kelmartin of NVP Inc., the applicants.
Ms. Payne presented the staff report for ARB Case # 2004-44. She stated that this is an
application for the construction of a new single family dwelling on a vacant lot at
9009 - 9011 Grant Avenue. Ms. Payne showed several slides of the homes on both sides of the
vacant lot and homes across the street. Staff has a concern with the proposal that it is not
consistent with the department of Interior standards as referenced in the staff report. The first
item is the height of the building. The design calls for a 2 % story exposed structure that is
substantially elevated from the homes in the surrounding area. Staff recommends that this
building be lowered so the basement windows would actually be at grade and use window wells
to allow for light in the basement. This change would bring the height of the building down to
help reduce the mass. Also relating to height, Staff is concerned with the gable design and
recommends that the whole roof line be brought down and possibly have the second story
windows turned into a dormer. The dormer over the garage door is quite massive in its
character and appears out of balance. Smaller dormers for each of the individual windows
would create an appearance consistent with the streetscape. Garage doors are not
recommended on Grant Avenue. Customarily, we have tried to be sympathetic to the period of
construction in Old Town on Grant Avenue and in that period you have reverse access through
the alleys. This property does have access through the alley the house location survey
submitted with this application shows a proposal for a pool, and another outbuilding, dead
center in the rear. That is not for consideration here tonight because no drawings were
submitted for the pool and outbuilding. This location could be modified. Staff recommends that
the building floor plan be reversed so that the double garage would be accessed via the alley.
You would still have the same square footage in the house and all the amenities, but you would
access the garage from the rear. Staff noted however, that there is precedent across the street
for front garage doors. If the applicant brought in suffcient information on the doors to
demonstrate that they can be minimized in appearance and not stand out as big white garage
doors. Northing has been submitted on the style and character of the garage doors other than
they are white with the five panel, four light windows. Cement fiber board on any front gabled
area is recommended where it is visible from the street, and to maintain the integrity of the area
with the brick wrapping the corners. Staff recommends that cement fiber board be used in the
gabled areas, since this building wil stand up higher and wil be visible from both ends because
the bungalows will not create any visual obstructions. We are losing all of the trees on the
property so staff recommends that the brick from the front of the building be Üan:.3d around to
the sides.The building placement as proposed would allow the two ends ofthe b,¡Hlding to be
visible to motoring traffc. Staff recommends eliminating, or hiding, the left sidépunch-out which
is a gas fireplace. It is shown as a punch out with vinyl siding, Staff recommends that it be
encased in brick and have a look of a false chimney. A brick chimney up the side would be in
keeping with the character with the older homes in the neighborhood.
P:\MA lìrchitectural Review Board\ARBMinutes\2004minutes\07132004minutes.doc
~(13
DRAFT
Architectural Review Board Minutes - July 13. 2004
Paae 5
Staff feels that this building needs some serious reconsideration to be compatible with the
surrounding area. The bulk and massing of the building being placed in between two 1.5 story
bungalows; the material choices are very modern and are more compatible with structures that
you would find in newer conventional upscale subdivisions, but it is not appropriate as currently
proposed in our historic district. Staff cannot at this time, recommend approval of this design
as submitted. Staff recommends the changes and modifications stated in the staff report that
would make the building sympathetic to the area and the other structures and keeping with
other new construction that has been approved. Ms. Payne concluded her staff report by
asking if Board members had any questions.
Mr. Rush stated that he totally concurs with Ms. Payne's analysis of the situation and opened it
for discussion.
Ms. Wilson stated to the applicants that this property is located at the entrance to the historic
district and the historic district is becoming increasingly popular. There is a great market for
homes in the Old Town area, and why would you buy an expensive lot in this really popular area
and not take advantage of the architecture that makes it popular, bewilders her.
Mr. Rush asked the applicants if they wished to make any statements to the Board.
Ms. Barbara Kelmartin, Vice President of NVP, stated that NVP is a homebuilder in Manassas
and has been in business in 1989. We pride ourselves in the homes that we build and one of
the reasons that we like this lot is because we personally are interested in building our home on
this lot. Our experiences with the City of Manassas has been a very good one. One of the
comments in the staff report is that this is a tract home being built in Manassas. This particular
model home won an award for custom home design and was built on a ten acre lot in Prince
William County. We just didn't pick any house. When she first came to the City, she asked for
guidelines and was told that the City really don't have any per se, but bring your specs in and
we wil have a hearing and we will start working with you. She came back to the City and asked
for comments because she was not familiar with building houses in this corridor and wanted to
know so we can see if we have to revise things. The ARB only meets once a month and we
would like to get started as soon as possible and she received the comments from the City on
Friday and had to scramble to see what she could do based on the comments and present it to
the Board, after the fact, because we had to submit everyhing before the deadline.
One of the first things that came to their attention is the scale of the home out does everyhing
else. Well on Grant Avenue there are a lot of little houses and a lot of big houses, so with the
staff report comment to lower the house, we'll give you that. There are a number of large
column homes on Grant Avenue so this home is not so out of line. We can bring the home
down to grade. That should help with the scale of the home and put the house down lower so
. that the two homes next to it won't be so visible to that siding front. Some of the selected
materials picked were not
exactly histoncal, but there are some economic, as \\ell as, weather
maintenance features that we like in our homes. Weare very proud of the color combinations
that we use on our homes. We tend tütrim more of a Williamsburg colonial
look in our homes,
and that is what we have won a lot of awards on, and we are proud of that. She hears the
Board loud and clear about the other homes, but as she looks at it, she lives here and works
here, and she is proud to live here, and there are a variety of different style homes on Grant
Avenue, and that gives the City of Manassas its charm.
P:\MA 1\chitectural Review Board\ARBMinutes\2004minutes\07132004minutes.doc
1~LL
DRAFT
Paae 6
Ms. Wilson stated that she agrees with the applicant that it does give it charm, but the one
comment she always gets about Grant Avenue is on the couple of newer houses. How they just
don't fi in. .
Ms. Kelmartin stated that we are not going to go totally historic. Our anticipation was to move
there, so we wanted something that wasn't so historical, and in line with some of the nice
looking homes we have built. Without total guidelines, the beaded siding, the vinyl windows
that were mentioned to the previous applicant, she was open to hearing what the City wanted.
Lowering the house, that is an easy one. This is the last remaining lot in that corridor and for
that reason that is why we want to live there.
Mr. Rush noting that a Board member had a family emergency and need to leave shortly. He
stated to the applicants that there are a couple of choices. We are going to lose a Board
member who must leave the meeting shortly, in which case we won't be able to vote. Do you
want to continue discussion until the member must leave?
The applicants requested they continue discussion.
Ms. Wilson stated that Ms. Payne has spent so much time trying to make this work by
recommending several changes, but it is going to just truly change the house. She is not going
to vote to approve this style house. It does not meet our criteria. The materials are
inappropriate, the scale of the house is inappropriate. She recommends that the applicants
come back with a different design that fis with the street and takes advantage of the street and
the gateway to the historic district. Ms. Wilson further stated that she is a resident of Grant
Avenue and loves the eclectic look of the street with the variety of styles and sizes of home, but
there still is a rhythm to the street and a wonderful feel to it except for a few homes that stick out
and don't belong and wishes they weren't there and to her this home would be another one. It
will not blend and fit on that lot.
Mr. Waters stated that he agrees with Ms. Wilson's comments. It is difficult to say no, because
he can see how enthusiastic the applicants are, and he respects and appreciates that. To him
the brochure picture of the house almost says it all because the house is setting on a 10 acre
lot. He lives in the historic district and if you want to keep a historic district you have to guard it
and these decisions are diffcult. You have to guard the architecture, with some flexibilty. He
thinks the applicants need a different design.
Mr. Rush stated that he agrees with Mr. Waters and Ms. Wilson's comments.
Mr. Rush asked the applicants if after hearing these comments would they like the Board to
- table action on their application and come back, or do they want the Board to VOT8 on the
application.
.' ~M. Ghadban, the applicant asked Ms. Payne if the Board does not approve the ¿iJPlication who
do we appeal it to.
Ms. Payne responded that it would be appealed to City Council in accordance with the code.
P:\MA 1ìrchitectural Review Board\ARBMinutes\2004minutes\07132004minutes.doc
r
(~5
DRAFT
Paae 7
Mr. Ghadban responded that they are going to live in this house and are not going to let
someone else design their own house. They wanted a decision now and would appeal to City
CounciL.
Mr. Rush called for a motion.
Ms. Wilson moved to deny ARB Case # 2004-44 for the following reasons:
The house is not designed with the character of the historic district. The roof pitch and
scale are not in balance with the older homes. This structure wil overwhelm the
bungalows on both sides in the massing of the building width and is not consistent with
the streetscape. The design, scale, and regiment of the new structure is inappropriate
for the lot and the materials proposed are substantially inconsistent with the design
guidelines for new construction. The building is not sympathetic to the neighboring
historic structures and the design, materials, setbacks and bulk are incompatible with
the adjoining properties and the features of this portion of Grant Avenue. Mr. Waters
seconded the motion.
Chair caHed for discussion. There was none. Chair called for the vote. The MOTION CARRIED
UNANIMOUSLY to deny ARB Case # 2004-44.
ADJOURNMENT
Ms. Wilson moved to adjourn the meeting. Mr. Waters seconded the motion. The
MOTION CARRIED UNANIMOUSLY to adjourn.
Sterling Rush, Chairman
P:\MA lìrchitectural Review Board\ARBMinutes\2004minutes\07132004minutes.doc
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AGENDA STATEMENT
Page No.-Item No. 3'1 9- 3S
MEETING DATE:
October 18, 2004
TIME ESTIMATE:
30 Minutes
AGENDA ITEM TITLE:
Closed Meeting Resolutions
DATE THIS ITEM WAS
LAST CONSIDERED BY
COUNCIL:
SUMMARY OF ISSUE/
TOPIC:
If the City Council votes to hold a closed meeting, the Council wil be
required to certify by resolution that the meeting was held in
accordance with the amended Virginia Freedom of Information Act.
STAFF
RECOMMENDATION:
BOARD/COMMISSION/
COMMITTEE
RECOMMENDATION:
CITY MANAGER:
Approve closed meeting. Adopt Resolutions.
Approve
Disapprove
See Comments
- Approve
Disapprove
See Comments
COMMENTS:
DISCUSSION
(IF NECESSARY):
Attached is text of Section 2.2-3711, which governs closed meetings.
The underlined bold face provisions are those which are typically
cited for conducting a closed meeting.
See attached Resolutions for appropriate motions.
BUDGET/FISCAL
IMPACT:
STAFF:
Lawrence Hughes, City Manager.
/f Council members have questions, you are urged to call the staff person who prepared this agenda statement prior to
Council meeting
/.3D
CLOSED MEETING MOTION FORM
(Note: Words in square brackets are not intended to be read aloud as part of
the motion.)
I move to enter closed session
(A) to discuss
(identify subject matter) for the
purose of
( select
applicable Code provision below), and
(B) to discuss
(identify subject matter) for the
purose of
( select
applicable Code provision below), and (etc.)
which discussion(s) is (are) exempt from the open meeting requirements of
Virginia Code § 2.2-
3707 under Virginia Code § 2.2-3711 A.:
D 1. Discussion, consideration or interviews of prospective candidates for employment;
assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body;
real property for a public purose, or of
the
the acquisition of
D 3. Discussion or consideration of
disposition of
publicly held real propert, since discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the City;
D 4. The protection of the privacy of individuals in personal matters not related to public
business;
D 5. Discussion concerning a prospective business or industry or the expansion of an existing
business or industry, since no previous anouncement has been made of the business' or
industry's interest in locating or expanding its facilities in the City;
D 6. The investing of public fuds where competition or bargaining is involved, where, if made
public initially, the financial interest of
the governental unit would be adversely affected.
D 7. (par 1) Consultation with legal counsel and briefings by staff members or consultants
pertaining to actual or probable litigation, since such consultation or briefing in open meeting
would adversely affect the negotiating or litigating posture of the public body;
D 7. (par 2) consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
honorar degrees or special awards.
D 10. Discussion or consideration of
D 11. Discussion or consideration of tests, examinations or other records excluded from this
chapter pursuant to subdivision A. 11. of § 2.2-3705.
D 13. Discussion of strategy with respect to the negotiation of a siting agreement or to consider
the terms, conditions, and provisions of a siting agreement, it being the finding of the City
Council that an open meeting would have an adverse effect upon the negotiating position of the
the siting agreement, or both.
the terms, conditions and provisions of
City or the establishment of
plans to protect public safety as it relates to terrorist activity.
D 20. Discussion of
Ijl
RESOLUTION #R-2005-47
MEETING DATE: October 18, 2004
AUTHORIZATION OF CLOSED MEETING
FOR THE CITY OF MANASSAS CITY COUNCIL
WHEREAS, the City of Manassas Council desires to discuss personnel matters
relating to the Utilities Department and
relating to
; and
WHEREAS, such discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, and
WHEREAS, pursuant to Section 2.2-3711 paragraphs (A)(1) and (A)~ of
the Virginia Code as amended, such discussions are permitted in closed meeting;
NOW THEREFORE, BE IT RESOLVED that the Manassas City Council meeting
in regular session this 18th day of October, 2004, does hereby authorize
discussion of the aforementioned matters in closed meeting.
Douglas S. Waldron Mayor
ATTEST:
Kimberly D.Allen
City Clerk
13~
CITY OF MANASSAS
RESOLUTION
RESOLUTION NO. R-2005-48
MEETING DATE: October 18,2004
CERTIFICATION OF CLOSED MEETING
FOR THE CITY OF MANASSAS CITY COUNCIL
WHEREAS, the Council of the City of Manassas has convened a closed meeting
on this date pursuant to an affrmative recorded vote and in accordance with the provisions
of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Council of the City of Manassas that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Manassas
hereby certify that, to the best of each member's knowledge, (i) only public business
matters lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution applies, and (ii) only
such public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Council of the City of Manassas.
Douglas S. Waldron Mayor
ATTEST:
Kimberly D. Allen
City Clerk

CPY Document - City of Manassas

Transcription

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