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City Council

Regular Meeting

Harrisonburg, VA · March 10, 2015

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Mayor Christopher B. Jones Vice-Mayor Richard Baugh Council Member Ted Byrd Council Member Kai Degner Council Member Abe Shearer Tuesday, March 10, 2015 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Ted Byrd, Council Member Kai Degner and Council Member Abe Shearer Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica Kann, City Attorney Chris Brown and Police Chief Stephen Monticelli 2. Invocation Vice-Mayor Baugh offered the invocation. 3. Pledge of Allegiance Mayor Jones led the Pledge of Allegiance. Mayor Jones presented Virginia Organizing with a proclamation recognizing their 20th anniversary. 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Ramona Sanders, 335 Hartman Drive, thanked Mayor Jones for presenting Virginia Organization with the proclamation and stated it is wonderful to be able to celebrate 20 years working for those who don't typically have a voice. Katrina Gerald, 915 Broad View Drive, and Dulce Elias, 1715 Country Club Road, read Senate Joint Resolution 306 that was also received by Virginia Organizing. Isabel Castillo, 727 North Liberty Street, stated she is the staff organizer for Virginia Organizing and she invited those to join if this organization speaks to you. Ms. Casteel thanked Mayor Jones for the proclamation. Jim Orndoff, 2 North Main, thanked council for the unanimous support during the previous council meeting to provide public comment during the Community Criminal Justice Board (CCJB) meetings, but was concerned there were no time parameters given that he was aware of and asked that time parameters be added to the motion . Mr. Orndoff also asked council to consider expanding the membership of the board to include other community members so the community is reflected. City of Harrisonburg Page 1 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 Beth Schmoyer, 419 Neyland Drive, also thanked council for supporting public comment during CCJB meetings. Ms. Schmoyer stated in light of the deal with Middle River Regional Jail (MRRJ) that is still pending and the issues around imprisonment and incarceration, a group has been formed called Moving Beyond Jails. Ms. Schmoyer started presenting the list of demands from the group to end the mass of incarceration by developing an Incarceration Reduction and Prevention Plan that included the following: lowering numbers of inmates so we won’t have to use MRRJ; government transparency, community input and oversight; five to seven listening sessions; seeking input from persons and communities directly affected by the current criminal justice system and formerly incarcerated; public review sessions; and, expansion of the CCJB to include three people that have been directly affected by incarceration. Joshua Diamond, 481 Green Street, liked that there is an appreciation and respect for building up power of people that aren't typically a part of processes. Mr. Diamond stated Moving Beyond Jails is about trying to expand conversation. Mr. Diamond stated to him incarceration is a symptom and sickness of a society that is suffering from deep political and economic inequality. Mr. Diamond stated one crucial part is to strive for full-time employment and accessible job training programs. Kristy Vansickle, 419 Neyland Drive, also thanked council for supporting public comment during CCJB meetings. Ms. Vansickle continued with demands from Moving Beyond Jails which included the following: accessible services and care for those with mental health and substance abuse needs; services should be not only in jails, but in walking distance throughout the city; and, programs should provide translation and interpretation. Ricardo Cortes 343 W. Bruce Street, also thanked council for supporting public comment during CCJB meetings. Mr. Cortes continued with demands from Moving Beyond Jails which included the following: investment in youth and communities; high quality education and after school programming for all youth regardless of native language, immigration status, or transportation barriers; and, committees, churches and neighborhoods provide programming to development skills for leadership. Mr. Cortes stated an email will be sent about the list of demands from Moving Beyond Jails. Stan Maclin, 117 North High, thanked Mayor Jones for recognizing Virginia Organizing and that he supports the efforts of the Move Beyond Jails group, but also agrees that it is personal responsibilities. Mr. Maclin stated he wanted to promote Harriet Tubman Day that will be held on March 11, 2015. Mr. Maclin stated this also recognizes International Women’s Day and Month and two individuals within the community will be recognized during the celebration tomorrow. Dr. Panayotis "Poti" Giannakouros, 98 Emory Street, stated he is a person that works with data and he has had the privilege to work with many of these groups. Dr. Giannakouros expressed some appreciation to local government who has been City of Harrisonburg Page 2 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 helpful making us make informed decisions and they do care. Dr. Giannakouros stated he is troubled that he is being charged for data that is being asked for. Dr. Giannakouros stated the community wants to see a reduction in crime and instead of asking the City Manager to seek information he asks for staff to be open to providing the data. Dr. Giannakouros stated he will be posting his data on BuildingBetterCommunities.org that indicates incarceration rates dropped when candidates were running for elections stated this was the most important campaign issue. Dr. Giannakouros noted that an event, Remembering Zenda, will be held on March 14, 2015 at the Simms Center. Ahadu Yifru, 880 Confederacy Drive, encouraged council to have interpretation during council meetings and stated the Fairfield Center has the resources. 5. Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) 5.c. Consider adopting the Stormwater Utility Fee Ordinance and Program City Attorney Brown stated after further review, it is recommended to amend the ordinance to first credit property tax and then stormwater charges noted in Section 6-5-7(b). A motion was made by Council Member Byrd, seconded by Council Member Degner to approve the ordinance with the changes noted. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) A motion was made by Council Member Degner, seconded by Council Member Shearer, that the Consent Agenda be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 5.a. Minutes These Minutes were approved on the Consent Agenda. 5.b. Consider amending and re-enacting Title 10, Chapter 7 “Stormwater Management” of the Harrisonburg City Code This Ordinance was approved on second reading. City of Harrisonburg Page 3 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 5.d. Consider amending and re-enacting Section 16-6-58 “Weeds, etc., on lots” of the Harrisonburg City Code This Ordinance was approved on second reading. 6. Public Hearings 6.a. Consider amendments to the 2011, 2012, 2013, and 2014 CDBG Program Ande Banks, Director of Special Projects and Grant Management, stated tonight is the beginning of a 30-day public comment period on proposed amendments to the 2011, 2012, 2013 and 2014 CDBG Action Plans. Mr. Banks stated remaining funds from completed projects in these years are requested to be moved to replace the diving board at Westover Pool. Mr. Banks noted that this board needed to be replaced prior to opening this season and staff recommends approval. Mr. Banks reviewed the schedule for this request and stated all comments can be forwarded to him. Council Member Shearer noted that staff manages these CDBG funds so that there are funds left over in previous years and this is a perfect example. At 7:34 p.m., Mayor Jones closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Monday, March 2, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:35 p.m., and the regular session reconvened. Mayor Jones noted that there was no further action needed at this time. 7. Regular Items 7.a. Consider approval of the 2014 Community Development Block Grant (CDBG) amendments Mr. Banks stated this is final consideration of the amendment to the 2014 Action Plan moving $99,570.75 to the new West Mosby Rd. Sidewalks Project. Mr. Banks noted again that US Department of Housing and Urban Development (HUD) released the new low to moderate income (LMI) maps that removed the East Wolfe Street Sidewalk Project out of an eligible area. Mr. Banks stated if approved, Public Works will begin the process. A motion was made by Council Member Degner, seconded by Council Member Shearer, to approve the 2014 CDBG amendments. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 City of Harrisonburg Page 4 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 7.b. Blue Ridge Community College Annual Update Dr. John Downey, Blue Ridge Community College (BRCC) President, thanked Public Works for their work during snows this past year. Dr. Downey provided packets of information about the college and noted that 25% of Harrisonburg High School seniors attend BRCC. Dr. Downey noted the great success of the Blue Ridge Scholar Program and noted some seniors will be graduating from BRCC a week prior to graduating from high school. Dr. Downey thanked council for appointments to their board and the continued support. Dr. Downey noted that students that start at BRCC can seamlessly transfer to almost any four year college or university through the Guaranteed Admissions Agreement held with those institutions. Dr. Downey stated 70% of students work while they attend college and noted the wide range of technical, associate programs, non-credit workforce training, enrichment programs and community services BRCC has. Dr. Downey stated one responsibility of the city and other local governments is to pay for site work around BRCC and noted the 40,000 square foot addition to the Health Student Center; a parking deck that was recently approved and authorized for the drawing stage of a bioscience building. Dr. Downey stated it was a pleasure to work with Brian Shull, Economic Development Director, on the Shenandoah Valley Partnership's Executive Committee and noted the hiring of Carrie Chenery, the new Executive Director. Dr. Downey made himself available for questions. The following discussion took place: one quarter of Harrisonburg students attend BRCC; 1,646 students are first generation in college; 30% of students had neither parent attend college; Harrisonburg is the highest out of local schools attending BRCC; 25% of Harrisonburg students attend BRCC and then second year cuts in half, comes from students that haven't focused yet on the career and they have their first challenging class; BRCC is working on getting the career message sent to students to help reduce drop out numbers after the first year, but often those that have dropped out return within technical programs; working with Shenandoah Valley Partnership to help students see jobs that are in high demand with technical skills; 1.5M jobs in the next eight years will not require college education; emphasis on certifications; one goal of the next Virginia Community College Systems Strategic Plan is to triple the number of credentials we award; and, commended Dr. Downey and his work at BRCC. 8. Special Event Application Requests 8.a. Consider the Eastern Mennonite University Commencement exercises for a special event Katie Yount, Harrisonburg Downtown Renaissance (HDR) Director of Special Events, stated Eastern Mennonite University's (EMU) Commencement exercises are planned to take place on Sunday, April 26, 2015, and they have requested to close Park Road from Mt. Clinton Pike to Parkwood Drive from 12:45 p.m. until 3:00 p.m. Ms. Yount City of Harrisonburg Page 5 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 noted that all city departments have reviewed and approved this request. A motion was made by Council Member Shearer, seconded by Council Member Degner, to approve the commencement excercises request for EMU. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 8.b. Consider the 2015 spring Rocktown Beer & Music Festival for a special event request Ms. Yount stated the 2015 spring Rocktown Beer & Music Festival will be tentatively held on Saturday, April 25 from 2:30 p.m. until 8:00 p.m., at the Turner Pavilion and parking lot. Ms. Yount noted that this also went through the city's approval process. A motion was made by Council Member Shearer, seconded by Council Member Degner, to approve the 2015 spring Rocktown Beer & Music Fesival special event request. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 9. Supplementals 9.a. Consider a supplemental appropriation for the General Capital Projects Fund in the amount of $291,000 City Manager Hodgen stated these funds are being recovered from Griffin Pipe for pipe repair during the Phase 3 construction of Stone Spring Road/Erickson Avenue due to defective pipes. The city sought reimbursement from the insurance and manufacturing companies. A motion was made by Council Member Degner, seconded by Council Member Shearer, to approve the supplemental appropriation to the General Capital Projects Fund in the amount of $291,000.00. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 10. Other Matters Mayor Jones stated a productive meeting was held with James Madison University's (JMU) president and staff. Mayor Jones noted the great partnership and looks forward to upcoming events. Council Member Byrd stated he would like to see the full implementation of the community policing model that Chief Monticelli asked for during the Council Planning City of Harrisonburg Page 6 Printed on 3/25/2015 City Council Meeting Minutes - Final March 10, 2015 Work Session, which requires hiring of more officers in the upcoming budget. Vice-Mayor Baugh reviewed the upcoming Planning Commission meeting and noted there will be a Capital Improvement Plan (CIP) Work Session held prior to the meeting. Council Member Degner thanked city staff for clearing the roads and keeping everyone safe. 11. Boards and Commissions No action taken. 12. Adjournment At 7:54 p.m., there being no further business and on motion adopted, the meeting was adjourned. _____________________________ ____________________________ City Clerk Mayor City of Harrisonburg Page 7 Printed on 3/25/2015

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final City Council Mayor Christopher B. Jones Vice-Mayor Richard Baugh Council Member Ted Byrd Council Member Kai Degner Council Member Abe Shearer Tuesday, March 10, 2015 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 5. Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) 5.a. Minutes Attachments: Draft Meeting Minutes Febuary 24, 2015 5.b. Consider amending and re-enacting Title 10, Chapter 7 “Stormwater Management” of the Harrisonburg City Code Review & The Stormwater Management (SWM) ordinance establishes requirements for land Recommendation: development projects in regard to stormwater discharge impacts. This ordinance was originally adopted in May 2014 as a necessary part of the City's Virginia Stormwater Management Program mandated by VADEQ. The revisions in this amended ordinance are those requested by VADEQ in their final review, which occurred in Fall, 2014. City Attorney Brown has determined that consideration of this amended ordinance does not require a public hearing. Attachments: Memo to CC Feb2015 SWM Ord revisions Amended SWM ord Feb 2015 with edits broken out Draft SWM ord Feb 2015 with edits Legislative History 2/24/15 City Council approved on first reading 5.c. Consider adopting the Stormwater Utility Fee Ordinance and Program City of Harrisonburg Page 1 Printed on 3/4/2015 City Council Meeting Agenda - Final March 10, 2015 Review & On February 4, 2015, the SWAC voted unanimously in favor of the Stormwater Utility Recommendation: Ordinance and associated documents. The Stormwater Utility Ordinance establishes a stormwater utility fee that is imposed on every parcel of real property in the city based on the amount of impervious area within the property, establishes a billing unit of five hundred (500) square feet of impervious area, and establishes a billing rate per billing unit of $10.50 per year. All stormwater utility fees and other income from the fees shall be deposited into the stormwater fund, to be used exclusively to provide services and facilities related to the stormwater management program and efforts to reduce polluted runoff. The proposed effective date is July 1, 2015. A system of credits for which property owners will receive a fee waiver for installing, operating, and maintaining approved stormwater best management practices is described in the "Stormwater Utility Fee Credit Manual for Residential" and "Stormwater Utility Fee Credit Manual for Non-Residential". Attachments: Harrisonburg Stormwater Utility Ordinance NOTICE OF PUBLIC HEARING Memo to City Council 2015-02-09 Stormwater Utility - Enabling State Code Harrisonburg Stormwater Utility Ordinance Draft Stormwater Advisory Committee Bylaws amendment Residential Credit Manual_FINAL Non-Residential Credit Manual_FINAL Tall Grass and Weeds Ordinance Amendment 2015-01-15 Summary of Public Outreach Summary of Public Comments Received Chamber of Commerce Questions PowerPoint Legislative History 2/24/15 City Council approved on first reading 5.d. Consider amending and re-enacting Section 16-6-58 “Weeds, etc., on lots” of the Harrisonburg City Code Review & This amendment to Section 16-6-58 "Weeds, etc., on lots" would allow areas the city Recommendation: has qualified as an approved and maintained Best Management Practice for stormwater regulatory compliance and/or stormwater utility fee credit purposes to be exempt from tall grass and weeds regulations. Attachments: 16-6-58 Tall Weeds Ordinance PowerPoint Legislative History 2/24/15 City Council approved on first reading 6. Public Hearings 6.a. Consider amendments to the 2011, 2012, 2013, and 2014 CDBG Program City of Harrisonburg Page 2 Printed on 3/4/2015 City Council Meeting Agenda - Final March 10, 2015 Review & This public hearing is required by HUD to receive citizen comments on Community Recommendation: Development Block Grant amendments to the 2011, 2012, 2013, and 2014 Action Plans. Staff proposes that unused funds from the following projects be moved to the NEW Westover Pool Diving Board Project: $4,300.26 that was allocated to the Morrison Park Project (14CDBG03) will be moved to the NEW Westover Pool Diving Board Replacement Project (15AMEND2); $872.63 that was allocated to the A Dream Come True Playground Equipment Project (12CDBG03) will be moved to the NEW Westover Pool Diving Board Replacement Project (15AMEND2); $850.14 that was allocated to the Ralph Sampson Park Shelter #2 Project (13CDBG03) will be moved to the NEW Westover Pool Diving Board Replacement Project (15AMEND2); and, $13,726.97 that was allocated to the Westover Park Playground Project (14AMNED1) will be moved to the NEW Westover Pool Diving Board Replacement Project (15AMEND2) Staff will make a short presentation, to be followed by a public hearing and a 30 day public comment period. There is no action needed on this item at this time. Attachments: Ad for paper Amendment Schedule 7. Regular Items 7.a. Consider approval of the 2014 Community Development Block Grant (CDBG) amendments Review & The required public hearing and 30 day public comment period concluded on March 2, Recommendation: 2015 at 9am. Attached are two comments that were received at the public hearing. Staff recommends approval of the 2014 CDBG Amendment, which proposes that $99,570.75 that was allocated to the E. Wolfe St. Sidewalks Project (15CDBG03) will be moved to the NEW West Mosby Rd. Sidewalks Project (15AMEND1). Attachments: CDBG Public Comments Received 7.b. Blue Ridge Community College Annual Update Review & Dr. Downey, President of BRCC will provide the update. Recommendation: 8. Special Event Application Requests 8.a. Consider the Eastern Mennonite University Commencement exercises for a special event Review & EMU's Commencement exercises will take place on Sunday, April 26th. They request Recommendation: to close Park Road from Mt. Clinton Pike to Parkwood Drive from 12:45pm until 3:00pm for commencement. Attachments: EMU Graduation 4.26.15 EMU Certificate - Endorsement 8.b. Consider the 2015 spring Rocktown Beer & Music Festival for a special event request Review & The 2015 spring Rocktown Beer & Music Festival will be on Saturday, April 25th from Recommendation: 2:30pm until 8:00pm at the Turner Pavilion and parking lot. City of Harrisonburg Page 3 Printed on 3/4/2015 City Council Meeting Agenda - Final March 10, 2015 Attachments: Special Event Application 2015 Layout 2015 City of Hburg COI General Department Notes 9. Supplementals 9.a. Consider a supplemental appropriation for the General Capital Projects Fund in the amount of $291,000 Review & This supplemental appropriation are funds that were recovered from Griffin Pipe for Recommendation: pipe repair during the Phase 3 construction of Stone Spring Road/Erickson Avenue . Attachments: Supplemental Appropriation 1310-31914 10. Other Matters 11. Boards and Commissions 12. Adjournment City of Harrisonburg Page 4 Printed on 3/4/2015

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