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City Council

Regular Meeting

Harrisonburg, VA · April 14, 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, April 14, 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 Mayor Jones offered the invocation. 3. Pledge of Allegiance Mayor Jones led the Pledge of Allegiance. 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Tim Lapira, 508 South Dogwood Drive, stated he had concerns with traffic along South Dogwood Drive during the times buses load and unload. Mr. Lapira noted there have been several occasions that traffic doesn't stop when the buses have their stops signs out when children are loading and unloading particularly between Route 33 and Maryland Avenue. Mr. Lapira noted the speed limit being reduced and speeding fines being doubled on the road hasn't seemed to help. Mr. Lapira thanked council for their responses, understands there is a process, but would like something done before anyone gets hurt or killed. Mr. Lapira stated he has spoken to many neighbors and all share the same concerns. Keith Gnagey, Harrisonburg Rockingham Free Clinic, stated he represents and the organization serves approximately 1,000 individuals. Mr. Gnagey thanked council for their ongoing support. Mr. Gnagey stated $0.94 of every dollar spent has its origin right here in the community. Mr. Gnagey stated on his application he asked the city to consider an increase, but will appreciate any funding the city can provide. Mr. Gnagey invited council out to their location. Katrina Gerald, 915 Broad View, stated Second Home provides before and after school childcare and invited council to their Second Home Superhero 5K Run that will take place April 26, 2015 at 9:00 a.m. Ms. Gerald thank Council Member Shearer for City of Harrisonburg Page 1 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 joining the list of sponsors and read off additional names and companies from the community. Ms. Gerald stated you can register online at www.eventbrite.com for $25.00 to help keep the program going. James "Bucky" Berry, 30 West Washington Street, stated that Station 5 has been in the Capital Improvement Plan (CIP) for a long time and he would like it to be completed due to a recent fire out at Parkview. Karen Thomas, 158 East Johnson Street, invited council to the 1st Annual Spring Festival on May 2, 2015 at the grounds of Lucy Simms Continuing Education Center from 12:00 p.m. to 6:00 p.m. Ms. Thomas stated this event is a partnership of the Northeast Neighborhood Association and the Parks and Recreation Department and read a list of other sponsors. Barry Lambert, 660 and 664 Mason Street, stated he had sent a letter to council earlier in the week and spoke about his frustration of the blue zone parking permit . Mr. Lambert stated both blue permit and permit guests are being used to park on Mason Street from other blue zones around the city. Mr. Lambert stated the Police Department has been out to the location. Tom Domonoske, 461 Lee Avenue, spoke about the following community participation that recently took place in the city: Blacks Run Clean Up Day, a great event; 2232 hearing regarding the building of school, wished it would have taken place before the budget was created; and, comments regarding incarceration, asked council to urge the Community Justice Board to call a meeting so comments could be heard. 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) A motion was made by Council Member Byrd, seconded by Council Member Degner, that this be approved on the Consent Agenda. 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 The Minutes were approved on the Consent Agenda. 5.b. Consider amending and re-enacting Title 5, Chapter 2 of the Harrisonburg City Code, Fire Protection and Prevention This Ordinance was approved on second reading. 5.c. Consider a supplemental appropriation for a VML Safety Grant in the amount of $4,000 City of Harrisonburg Page 2 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 This Supplemental Appropriation was approved on second reading. 5.d. Consider a supplemental appropriation for the Police Department in the amount of $47,316.58 This Supplemental Appropriation was approved on second reading. 5.e. Consider ordinance to close two portions of undeveloped public alleys totaling 4,670 +/- square feet This Ordinance was approved on second reading. 6. Public Hearings 6.a. Consider a request from K&K, LLC to rezone a 0.915-acre parcel by amending one of the six existing proffers that were approved when the property was rezoned to R-3C in 1999 Stacy Turner, Community Development Director, reviewed the property located at 811 and 821 Port Republic Road, known as Westport Village, and the surrounding properties. Mrs. Turner reviewed the original proffers given to this property in 1999. Mrs. Turner stated their office received a complaint regarding the maintenance of a fence and when investigating the issue, staff discovered the subject property was not complying with the sixth proffer and the fence crisscrossed the dividing line between two developments. Mrs. Turner stated the applicant had noted they have had trouble trying to get growth along the bank and they were more interested in trying to keep the separation of the properties with a fence. Mrs. Turner stated the owner is requesting to rezone the property by amending the sixth proffer as follows: a privacy fence and /or evergreen shrubs or trees shall be provided along the eastern property line to provide a visual and physical barrier to discourage pedestrian access across the property line; installed fences shall be six feet in height and maintained; installed vegetation intended to achieve the purposes as described herein shall, at the time of planting, be at least six feet in height and planted a minimum of five feet on center so as to form a dense screen; and, such vegetation shall be maintained and replaced when necessary. Mrs. Turner stated the applicant is planning on installing a fence and both Planning Commission and staff were both in favor of the request. At 7:31 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 30, 2015 and Monday, April 6, 2015. William (Bill) Riner, Managing Broker with Riner Rentals, stated he manages the property and staff has been cooperative. Mr. Riner stated they weren't involved with the first proffers and plans to insert a heavier fence that will extend down the property line. Mr. Riner noted students had done damage to the current fence when it was first installed and have continued to use dumpsters on their property. Mr. Riner noted they will maintain the fence. Council Member Byrd noted the recently passed landscaping ordinance for the City of Harrisonburg Page 3 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 applicant to consider as they construct the fence in regards to flammable material in this type of zoning area. Mr. Riner stated the growth that was on the property was breaking off and falling on buildings and after meeting with staff installing a fence seemed to be a better option. At 7:35 p.m., Mayor Jones closed the public hearing and the regular session reconvened. A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, that this Rezoning 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 6.b. Consider a request from Fred and Carol Showker for a special use permit per Section 10-3-91 (8) of the Zoning Ordinance to allow for the reduction in required parking spaces within the B-2, General Business District Mrs. Turner reviewed the property and its history beginning at 1984 and surrounding properties. Mrs. Turner stated the applicant plans to relocate from Bridgewater to Harrisonburg and increase their enrollment to 25 to 30 students. Mrs. Turner stated the applicant has shown drawings with five onsite parking spaces and the drop-off/pick-up location. Mrs. Turner stated Steven Toyota confirmed during the Planning Commission meeting the applicant could utilize five of their parking spaces of which staff plan to use three of the five parking spaces. Mrs. Turner stated the applicant also showed a drawing with the required 11 parking spaces, but would like to use the area for green space and doesn’t feel those spaces are necessary. Mrs. Turner noted, if approved, the areas that would have been used for parking must remain open spaces and shall not be used to meet any conflicting requirements of the Zoning Ordinance. Mrs. Turner stated staff didn't recommend in favor and Planning Commission recommended approval (4-2) with the following conditions: at a minimum, a child day care center shall provide 10 off-street parking spaces, where at maximum, five spaces may be located on an adjacent or directly across the street property and available at all times; the SUP shall be applicable only for child day care centers, which operate substantially the same as the proposed use; and, if in the opinion of Planning Commission or City Council, the parking becomes a nuisance, the SUP can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. Council Member Byrd asked for the definition of nuisance. Mrs. Turner stated if staff started getting complaints regarding the location. Council Member Degner asked if there had been discussion of crosswalks in the area. Mrs. Turner stated Public Works is not in favor of crosswalks in the middle of roads. Mayor Jones noted he had gone out and watched the traffic at the location and noted two vehicles and the road has no hills and it is wide open . Vice-Mayor Baugh noted that the area is not currently designed for pedestrian traffic. At 7:48 p.m., Mayor Jones closed the regular session and called the second public to order. A notice appeared in the Daily News-Record on Monday, March 30, 2015 and Monday, April 6, 2015. City of Harrisonburg Page 4 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 Dave Jahne, husband of applicant, thanked council for their consideration. Mr. Jahne suggested the city review the parking requirements and how it might affect businesses in Harrisonburg. Mr. Jahne stated he would like for council to consider the location to have only three parking spots, but accept the approval of five. At 7:51 p.m., Mayor Jones closed the public hearing and the regular session reconvened. The following discussion took place: appreciated staff reviewing the request; can be recalled; adjoining property owner offering parking; the applicant taking a chance that the SUP can be retracted; city requires parking but then charges for impervious areas, need to review; reason this is a SUP request; if any closer to main road would have more of a concern with the request; Vice-Mayor Baugh wanted staff to review request after commitment for parking came during the meeting; think more pedestrians will be crossing the road than intended; and it is a challenging site. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, that this Special Use Permit with the stated conditions 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 6.c. Consider amending the Zoning Ordinance Section 10-3-30.1; Parking Lot Landscaping regulations, by proposing minor modifications to add flexibility and to improve and clarify its application Mrs. Turner stated this request is to better clarify the city's application and to provide flexibility for meeting side and rear lot line separation requirements for parking lots adjacent to existing building on adjoining lots having established zero lot line setbacks . Mrs. Turner stated staff has been reading the code as if the request was already approved. Council Member Byrd questioned striping on a current parking lot that hasn't been previously striped. Mrs. Turner stated the clarifications being presented would address that. Mrs. Turner stated both staff and Planning Commission recommend for approval. City Attorney Brown noted the minor change that was noted in the minutes during the Planning Commission meeting changing the wording to "all properties being developed or redeveloped" in subsection 16. Council Member Shearer stated he had concerns for buildings that were built under different regulations being asked to be redeveloped in a non logical way. Council Member Shearer stated he spoke with several developers in the last several days and the response was overwhelming with those exact concerns. Council Member Shearer asked what kind of response staff received regarding these changes. Mrs. Turner responded none were received. Council Member Byrd asked if it had been reviewed by the Builders Association. Mrs. Turner stated it didn't go directly to that group but it was advertised and notification was sent to all those who ask to be notified regarding Planning Commission items. City of Harrisonburg Page 5 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 At 8:07 p.m., Mayor Jones closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, March 30, 2015 and Monday, April 6, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 8:08 p.m., and the regular session reconvened. The following discussion took place: would like to get more feedback from those it impacts most like the Builders Association; notification was provided, no comments were received; in support of tabling to allow more time to review; not a change of policy; properties grandfathered; landscaping requirements are affected; review as urbanization and entire thing; provide real examples; could be reviewed by Planning Commission again; and, not everyone is as interested in this stuff as council members are. A motion was made by Council Member Shearer, seconded by Council Member Byrd, that this Zoning Ordinance be tabled. 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 6.d. Consider adoption of the Capital Improvement Program City Manager Hodgen presented the CIP to Council Members that was approved by Planning Commission. City Manager Hodgen noted this document is a plan and in the upcoming year $25M worth of projects and not all projects noted will be completed. Council Member Degner asked about the recommendation from Planning Commission regarding the future changes regarding the regional jail expansion or alternatives. City Manager Hodgen the funding of a jail was removed from the plan. However, nothing was added relative to the Middle River Regional Jail agreement, because it isn't in place. City Manager Hodgen stated if the agreement is approved, that would move forward through our general operating budget and not the CIP. City Manager Hodgen stated he does not anticipate anything unless the agreement doesn't pass. At 8:17 p.m., Mayor Jones closed the regular session and called the fourth public hearing to order. A notice appeared in the Daily News-Record on Monday, April 30, 2015 and Monday, April 6, 2015. Tom Domonoske, 461 Lee Avenue, stated he supported all bike paths within the plan; questioned the increase of funds towards credit cards; and, was pleased to see one comprehensive plan that included school items. At 8:19 p.m., Mayor Jones closed the public hearing and the regular session reconvened. The following discussion took place: better alignment to have schools inserted in the City of Harrisonburg Page 6 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 CIP; money being requested over the next five years from schools, not all projects will be completed; both schools and city has a lot of projects serving as place holders; the CIP is not the budget but a planning tool and wish list; the CIP is a mandatory exercise; and, appreciate the School Board submitting items to the plan. A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve the CIP as presented. 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 7. Regular Items 7.a. Consider request from Karen Thomas for support of a historical marker for the Newtown Cemetery City Manager Hodgen stated this is a request for a historical marker similar to the one council approved for Bishop Love. City Manager Hodgen stated in order for the requestor's application to move forward, the city has to agree to install and maintain the marker. City Manager Hodgen stated staff recommends approval and stated Ms . Thomas was available if there were any further questions. Council Member Degner congratulated them on their recognition. Council Member Byrd reminded all that the Bishop Love dedication will be held this Saturday, April 18, 2015. A motion was made by Council Member Byrd, seconded by Council Member Degner, to support Public Works support. 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 7.b. Restorative Justice Initiative Kurt Boshart, Harrisonburg Police Department Lieutenant, began by explaining the Restorative Justice Initiative and partnerships that was launched a month ago. Council Member Degner suggested all those who are concerned about the jail issue and incarceration, tune in. Dr. Carl Stauffer, Zehr Institute for Restorative Justice Co-Director, stated he was excited about the collaboration and this process began in the early 70's bringing the justice debate back into the justice involves relationships, community and a network of people. Dr. Stauffer described what the Restorative Justice Program is and the questions the community should be asking. Dr. Stauffer shared statistics from those feel that offenders were held accountable and read a letter from an individual who has been through the process. City of Harrisonburg Page 7 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 Lieutenant Boshart stated this initiative began three years ago and reviewed the meetings and trainings that have happened to date. Lieutenant Boshart noted the group wanted to get a process in place prior to making the announcement to the community. Dr. Stauffer shared a story about the first case about a business owner dealing with theft and when he realized who it was he decided to try the restorative justice process . Dr. Stauffer stated after going through the process, the business owner now wants to be a mentor to others. Lieutenant Boshart stated the police officers will receive the complaint and if they feel that it can be resolved through this process they will pass it on to trained officers to review the case. Lieutenant Boshart stated this is what other jurisdictions do . Lieutenant Boshart stated this is the fourth time he has given this presentation, so the awareness of the program is going to grow. Dr. Stauffer stated training will be held April 21, 2015 for approximately 100 individuals from schools, police officers, members of the Commonwealth Attorney's office. Dr. Stauffer stated the training is a joint effort between James Madison University, Eastern Mennonite University and the Fairfield Center. Dr. Stauffer stated more trainings are planned for the summer. A video called Police Perspectives on Restorative Justice Circle Process was shown. Council Member Degner stated the HPD has a mission to keep citizens safe and commended Lieutenant Boshart for his leadership. 7.c. Consider approval of the 2011, 2012, 2013, and 2014 CDBG Action Plan Amendments Ande Banks, Director of Special Projects and Grant Management, stated these funds in the amount of $19,750 come from left over funds from completed projects. Mr. Banks stated it is being proposed that the money be used towards the purchase of a diving board at Westover Pool. Mr. Banks stated with council's consideration this request will be forwarded to Housing and Urban Development (HUD). Council Member Degner questioned why a diving board was considered over sidewalks. It was noted a lot of these funds go towards maintenance items, they have to meet certain criteria, department heads are contacted with the amount available and projects are submitted for review and this project is for the community. A motion was made by Council Member Byrd, seconded by Council Member Shearer, that the CDBG Action Plans Amendments 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 City of Harrisonburg Page 8 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 Recess 9:01 At 9:00 p.m., Mayor Jones called for a recess. At 9:07 p.m., Mayor Jones reconvened the meeting. 7.d. Consider request to write off delinquent utility accounts and accounts receivable accounts City Manager Hodgen stated the Director of Public Utilities is requesting approval to write off 259 utility accounts that the city incurred as accounts receivable between January 1, 2013 and December 31, 2013. The total value of these accounts is $36,562.84 or 0.24% of the total billings for that period. City Manager Hodgen stated these write offs are for accounting purposes only as these accounts will still be pursued by the collection agency. All amounts can be re-entered into the system should they become collectable. City Manager Hodgen stated Sherry Sherman was available if there were questions. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to write off delinquent utility accounts and accounts receivable accounts as presented. 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 7.e. Presentation on the Harrisonburg City Schools proposed FY16 budget Dr. Scott Kizner, School Superintendent, stated that the budget aligns with the mission and core beliefs of Harrisonburg City Schools. Dr. Kizner emphasized two of the six budget goals which were promote outstanding achievement, high standards and expectations for learning and promote the best practices to recruit, retain and engage our workforce. Dr. Kizner reviewed many key points, accomplishments, future challenges and opportunities of the school. Dr. Kizner reviewed the following budget notes: budgeted ADM for FY16 is 5,400; assumes 2% salary increases for all employees and an additional 1% increase for instructional assistants ($767,520); additional payroll taxes and VRS contributions associated with proposed salary increases ($154,407); state revenues are based on General Assembly amendments to the Governor's budget; revenues reflect increase in State revenues based on increased ADM ($2,161,540); assumes 12% health insurance increase ($690,689); assumes health design changes to employer contributions for health insurance premiums ($77,000); salary/benefit adjustment to cover costs for employees who have been hired to meet student growth and enrollment needs ($240,000); assuming a .44% reduction in VRS contributions for professional staff members ($22,004); assumes additional non-personnel funds ($1,090,812); increase of 12 new positions City of Harrisonburg Page 9 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 ($693,369); reduction of five current staff ($165,261); assumes an additional city appropriation ($1,166,992); and, assumes additional recovered cost from E-Rate reimbursement ($198,000). Dr. Kizner stated the proposed School Board budget totals $66,624,320. Dr. Kizner noted that State appropriations have begun to increase again per ADM. Dr. Kizner reviewed the proposed Nutrition Budget totaling $3,470,534 with a $0.10 increase per meal lunch price. Dr. Kizner made himself available for questions. 7.f. Discussion of the School Board member election process City Attorney Brown provided research back to 1952 regarding School Board appointments and elections once Virginia laws changed in 1995 bringing a code change locally. In December 1995, the proposed ordinance amendments provided for the continuance of a six member school board, with three members elected from the east school district and three from the west. The amendments further provided that at every election all registered voters in the City would be entitled to vote for the school board members, thus creating the City’s unusual process of city-wide, at-large voting for specific district representation. The district residency requirements for candidates for school board remained with a unanimous vote. In October 2001, the proposed amendments provided for the election of four school board members from the east school district and two from the west was based on population shifts revealed by the 2000 census. City Attorney Brown noted that the only other thing found regarding School Board elections were in 2006 when the elections went from May to November. City Attorney Brown stated provided five options for council to consider for this matter which include the following: do nothing and leave the ordinances governing the election of school board members as they are; maintain the existing two school district system, but eliminate the at-large voting for district representation, in other words, amend city ordinances to provide that voters can only vote for candidates to represent their own school district; move to an at-large election of school board members; move to a process by which there are multiple school election districts, each represented by one school board member; move to a combination of at-large and district representation. City Attorney Brown stated according to Virginia State Code, unless it is changes to redistricting due to the Code Decennial Census, all other changes must take place prior to December 31, 2015. However, depending on changes made they wouldn't be in effect until the following year and/or election. City Attorney Brown stated this discussion began due to the School Board's request. City Attorney Brown stated the School Board is currently taking applications for potential candidates and there has been a petition filed for a special election to take place. City Attorney Brown stated decisions regarding this matter have nothing to do with what is currently taking place and that all votes to this point have been valid due to the city being the borrower. The following discussion took place: the appointment made will be made under the current ordinance regardless if there are changes before December 31, City of Harrisonburg Page 10 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 2015; schedule a public hearing on the six options given; no rush because changes won’t go into effect until November 2016; would like staff to list pros and cons about each option; citizens need to be informed; would like to move to an odd number; not ready to discuss or move forward, debate needs to be more than Council Members; a public hearing can be set for the second meeting in May on the generic School Board election process; if needed, could discuss under other matters; item could be placed on Be Heard Harrisonburg; and there isn't a urgency other than if changes are made they would have to be made prior to December 31, 2015. City Manager Hodgen noted if a public hearing is held about these five options and council decides to amend the ordinance another public hearing would have to be held. Council Member Degner stated by the second meeting in June a more specific choice for the public hearing might be available. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to hold a public hearing during the first meeting in June on whether or not to dissolve the school board district and other options. 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 7.g. Consider the suspension of residential permit parking enforcement on Wednesday, April 22, 2015 Council Member Byrd stated he was contacted by The Spotswood Garden Club regarding the suspension of residential parking for the event that will take place between 10:00 a.m. to 5:00 p.m., in and around old town on Wednesday, April 22, 2015. Council Member Byrd stated the club will handle outreach regarding the suspension of parking. The following streets were mentioned: Mason Street, Paul Street, Franklin Streets, Ott Street and Myers Street. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to lift parking restrictions to best suit in the targeted neighborhood for visitors to attend the event. 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 7.h. Distribution of draft FY 15-16 budget to City Council City Manager presented the FY15-16 budget and stated maximum proposed real estate tax increase $0.06 and the budget letter summarizes changes in the budget. City Manager Hodgen suggested to set a public hearing for the April 28, 2015 meeting after the budget presentation is given. City Manager Hodgen stated adoption of the budget needed to take place by May 31, 2015 and staff is open to having work sessions after the public hearing. City Manager Hodgen stated the budget doesn't City of Harrisonburg Page 11 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 include any new outside agencies and changes to current agencies. Council Member Byrd asked about the health insurance fund. City Manager Hodgen stated the fund balance is moving in a positive direction and there aren't any proposed changes to our health insurance this year; the school is changing their insurance for competitive reasons. City Manager Hodgen stated even though there is a 12% health insurance rate increase, our general fund increased due to health insurance is approximately $123,000, with staff doing a better plan providing for the actual plans employees are on. City Manager Hodgen stated there are no pay increases other than the funding that is going towards the implementation of the pay study. City Manager Hodgen stated the proposed budget will be posted on the website and available in both the City Manager's Office and the library. 8. Other Matters 8.a. Consider reviewing parking requirements in the zoning ordinances or f the city code The following discussion took place: review parking requirements due to fees now being placed on impervious areas; add landscaping to the discussion; and long process to review all zoning ordinances dealing with these matters. A motion was made by Council Member Degner, seconded by Council Member Byrd, directing staff to review parking space requirements across City Code Zoning Ordinances. 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 Council Member Degner stated he will inquire about the next scheduled Community Criminal Justice Board meeting. Council Member Degner asked for a monthly update regarding building permits submitted and how many days they have been in the review process. City Manager Hodgen noted that an outside consultant is coming in to review the process. Council Member Degner asked if we could do a feasibility study to see how we can become a no kill community in order to reduce the euthanasia rate to stray animals in the community. Council Member Degner noted the SPCA has said they are doing what they can with their current resources. Council Member Byrd stated this is a joint service with Rockingham County, so this issue should be referred to the Liaison Committee. Council Member Degner acknowledged the progess made in the CIP for issues such as de-prioritizing the jail, increased recycling programs, resorative justice initiative, and increased bike lanes in the city. City of Harrisonburg Page 12 Printed on 4/29/2015 City Council Meeting Minutes - Final April 14, 2015 Vice-Mayor Baugh reviewed items coming from Planning Commission. Council Member Shearer referred to the comments from Mr. Lambert during public comment regarding parking issues and stated it should be expedited to the Transportation Safety Committee. Vice-Mayor Baugh stated that had already been done. Mayor Jones invited memners of the public to continue to reach out to Council Members and thanked teachers, school personnel and business community for their work on designing the school. 9. Boards and Commissions 9.a. Stormwater Advisory Committee (SWAC) A motion was made by Council Member Byrd, seconded by Council Member Shearer to appoint Dale Chestnut,452 West Water Street; Eldon Kurtz, 555 E. Wolfe Street; Daniel Michael, 1469 Mt. Crawford Avenue; Joanna Mott, 297 Blue Stone Hills Drive; and, Rob Alexander, 977 S. Dogwood Drive to the Stormwater Advisory Committee (SWAC). 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.b. Blue Ridge Community College Board of Trustees A motion was made by Council Member Byrd, seconded by Council Member Shearer, to re-appoint Beverly McGowen, 281 Campbell Street, to the Blue Ridge Community College Board of Trustees to expire June 30, 2019. 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. Adjournment At 10:26 p.m., there being no further business and on motion adopted, the meeting was adjourned. ______________________________ ______________________________ CITY CLERK MAYOR City of Harrisonburg Page 13 Printed on 4/29/2015

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, April 14, 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: March 24, 2015 Draft Meeting Minutes 5.b. Consider amending and re-enacting Title 5, Chapter 2 of the Harrisonburg City Code, Fire Protection and Prevention Review & The purpose of this proposed ordinance is to provide a buffer zone between Recommendation: combustible landscaping mulch and combustible siding on certain types of buildings, most notably multiple family dwellings. Between January 1, 2008 and December 31, 2014, HFD responded to 211 calls for fires originating in combustible landscaping. Sixteen of those fires damaged structures. Nine of those fires involved multiple family dwellings. The fires resulted in over $1 million in damages. The proposed ordinance would not apply to single family dwellings unless used as child care or adult care facilities. Attachments: Title 5, Chapter 2 Ordinance Public Hearing Notice Legislative History 3/24/15 City Council approved on first reading 5.c. Consider a supplemental appropriation for a VML Safety Grant in the amount of $4,000 Review & The city received $4,000 from VML's Safety Grant program. The Public Transportation Recommendation: and Parks & Recreation departments used the grant to help fund the purchase of automated external defibrillator (AED) equipment. City of Harrisonburg Page 1 Printed on 4/14/2015 City Council Meeting Agenda - Final April 14, 2015 Attachments: Supplemental Appropriation (VML Safety Grant) Legislative History 3/24/15 City Council approved on first reading 5.d. Consider a supplemental appropriation for the Police Department in the amount of $47,316.58 Review & These funds were reimbursed from the JMU Police Department for overtime worked by Recommendation: HPD Officers at athletic and other JMU events. These funds would be transferred from JMU Overtime Reimbursement into Police Operatoins Salaries/Wages OT (Project Code JMUOT) Attachments: Supplemental Appropriation (JMU OT) JMUAdvice 8-12 2014 Legislative History 3/24/15 City Council approved 5.e. Consider ordinance to close two portions of undeveloped public alleys totaling 4,670 +/- square feet Review & This request from Ridgeway Mennonite Church was approved on June 4, 2013 by Recommendation: Planning Commission and June 11, 2013 by City Council. One section of this request is located between and parallel to Franklin Street and Hawkins Street and is adjacent to tax maps 27-L-8, 8A and 16 through 20. The second section is located off of and perpendicular to Hawkins Street and is adjacent to tax maps 27-L-16 and 17. There are no easements needed for the closing of these alleys. Funds have been received for the application fee and both public hearing notices. These particular alleys were on this list of the city planning to close and the applicant requested City Council to waive the requirement to purchase the public alleys. Attachments: June 11, 2013 Agenda Attachment Ridgeway Menno Alley Ordinance & Plat 6. Public Hearings 6.a. Consider a request from K&K, LLC to rezone a 0.915-acre parcel by amending one of the six existing proffers that were approved when the property was rezoned to R-3C in 1999 Review & The property is addressed as 811 and 821 Port Republic Road. Planning Commission Recommendation: recommended approval (6-0) of the proffer amendment rezoning request that would require the property owner of tax map parcel 92-H-0 to install and maintain a fence or shrubs in order to provide both a visual and physical barrier to discourage pedestrian access across the eastern property line rather than the existing proffered requirement of only providing trees or shrubs to accomplish the same purpose. The proposed new proffer six reads as follows: A privacy fence and/or evergreen shrubs or trees shall be provided along the eastern property line to provide a visual and physical barrier to discourage pedestrian access across the property line; installed fences shall be six feet in height and maintained; installed vegetation intended to achieve the purposes as described herein shall, at the time of planting, be at least six feet in height and planted a minimum of five feet on center so as to form a dense screen; and, such vegetation shall be maintained and replaced when necessary. City of Harrisonburg Page 2 Printed on 4/14/2015 City Council Meeting Agenda - Final April 14, 2015 Attachments: Extract RZ Westport Village Proffer Amend Site Map and Zoning Map Staff Report RZ Proffer Amend 811 Port Republic Rd Application and Other Supporting Documents Newspaper Public Hearing Ad Surrounding Property Owner Notification - Mailer 6.b. Consider a request from Fred and Carol Showker for a special use permit per Section 10-3-91 (8) of the Zoning Ordinance to allow for the reduction in required parking spaces within the B-2, General Business District Review & The property is located at 15 Southgate Court. Areas that would have been used for Recommendation: parking must remain as open space and shall not be used to meet any conflicting requirements of the Zoning Ordinance. Planning Commission recommended approval (4-2) with conditions, of the special use permit request to allow for the reduction in required parking spaces for the 14,810 +/- square foot property zoned B-2 and identified as tax map parcels 1-B-7 & 8. The conditions are as follows: At a minimum, a child day care center shall provide 10 off-street parking spaces, where at maximum, five spaces may be located on an adjacent or directly across the street property and available at all times; the SUP shall be applicable only for child day care centers, which operate substantially the same as the proposed use; and, if in the opinion of Planning Commission or City Council, the parking becomes a nuisance, the SUP can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. Attachments: Extract SUP 15 Southgate Court Site and Zoning Maps Staff Report SUP 15 South Gate Court Application and Supporting Documents Steven Toyota Letter Surrounding Property Notification - Mailer 6.c. Consider amending the Zoning Ordinance Section 10-3-30.1; Parking Lot Landscaping regulations, by proposing minor modifications to add flexibility and to improve and clarify its application Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance Recommendation: amendments that would modify Section 10-3-30.1, to better clarify the intent of the Parking Lot Landscaping regulations regarding parcels that are being redeveloped, and to provide flexibility for meeting side and rear lot line separation requirements for parking lots adjacent to existing buildings on adjoining lots having established zero lot line setbacks. Attachments: Extract ZO Amend Parking Lot Landscape Amend Staff Report Parking Lot Landscaping Amendments (2015) Newspaper Public Hearing Ad 6.d. Consider adoption of the Capital Improvement Program Review & Planning Commission recommended adoption of the Capital Improvement Program Recommendation: with future changes regarding the regional jail expansion or alternatives. (6-0) City of Harrisonburg Page 3 Printed on 4/14/2015 City Council Meeting Agenda - Final April 14, 2015 Attachments: CIP Public Hearing Ad Capital Improvement Program Extract DRAFT CIP 2015-2016 through 2019-2020 7. Regular Items 7.a. Consider request from Karen Thomas for support of a historical marker for the Newtown Cemetery Review & The City Manager's Office along with Public Works were contacted by Karen Thomas Recommendation: requesting support for installing a historical marker at the Newtown Cemetery after receiving notification of being placed on the Virginia Landmarks Register. The trustees of Newtown Cemetery request support for installing a historical marker for the cemetery at the intersection of Hill and Kelley Street (see attached). Prior to the group submitting the application for the historic marker to the Commonwealth of Virginia, the city has to agree to install and maintain the marker. Public Works Department as reviewed the request and recommends approval. If council approves this request and subsequently the Commonwealth does, Public Works will install and maintain the marker. It is noted that in the unlikely event the sign is damaged or stolen the applicants will be responsible for replacement of the sign to be reinstalled by the city. Attachments: Newtown Cemetery Sign Placement Newtown Virginia Landmarks Register Letter 7.b. Restorative Justice Initiative Review & To inform Council and the community on the collaborative efforts of a Restorative Recommendation: Justice initiative involving James Madison University, Eastern Mennonite University, Fairfield Center, Commonwealth Attorney's Office, members of the community and the Harrisonburg Police Department. Attachments: Q A Restorative Justice-March 19 2015 Restorative Community Conferencing in Harrisonburg 7.c. Consider approval of the 2011, 2012, 2013, and 2014 CDBG Action Plan Amendments Review & The required public hearing and 30 day public comment period will conclude on April Recommendation: 10, 2015 at 9:00a.m., and currently no comments have been received. Staff recommends approval of the CDBG Amendments, which proposes the unused CDBG funds be moved as follows: $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). 7.d. Consider request to write off delinquent utility accounts and accounts receivable accounts City of Harrisonburg Page 4 Printed on 4/14/2015 City Council Meeting Agenda - Final April 14, 2015 Review & The Director of Public Utilities is requesting approval to write off 259 utility accounts that Recommendation: the city incurred as accounts receivable between January 1, 2013 and December 31, 2013. The total value of these accounts is $36,562.84 or 0.24% of the total billings for that period. These write offs are for accounting purposes only as these accounts will still be pursued by the collection agency. All amounts can be re-entered into the system should they become collectable. 7.e. Presentation on the Harrisonburg City Schools proposed FY16 budget Review & Harrisonburg City Schools superintendent, Dr. Scott Kizner, will present information on Recommendation: proposed FY16 school operational and nutrition budgets. 7.f. Discussion of the School Board member election process Review & A memorandum and previous minutes reflecting discussion are attached. Recommendation: Attachments: Memorandum Meeting Minute Extractions 7.g. Consider the suspension of residential permit parking enforcement on Wednesday, April 22, 2015 Review & This request is from Council Member Ted Byrd to suspend residential parking Recommendation: enforcement for the 82nd Annual Historic Garden Week Home and Garden Tour that is being presented by The Spotswood Garden Club. The event will take place between 10:00 a.m. to 5:00 p.m., in and around Old Town. More information regarding this event can be found at www.vagardenweek.org. 7.h. Distribution of draft FY 15-16 budget to City Council Review & The City Manager plans to have copies of the draft FY 15-16 Budget for distribution to Recommendation: City Council at the April 14 meeting. No formal presentation is scheduled for this meeting but will occur at the April 28 Council meeting. 8. Other Matters 9. Boards and Commissions 9.a. Stormwater Advisory Committee (SWAC) Review & The terms of the appointed members will typically be for 3 years in a staggered in a Recommendation: 2-2-1 format. However, since this appointment will be for all five (5) members at the same time, City Council will appoint two people to serve for three (3) years, two people to serve to two (2) years, and one person to serve for one (1) year. There is no limit to the number of times a member can apply for reappointment after their term has expired. Attachments: Rob Alexander - Application Dale Chestnut - Reappointment Application Raymond 'Wick' Fary - Application Eldon Kurtz - Reappointment Application Daniel Michael - Rappointment Application Christopher Mueller - Application 9.b. Blue Ridge Community College Board of Trustees City of Harrisonburg Page 5 Printed on 4/14/2015 City Council Meeting Agenda - Final April 14, 2015 Review & Ms. Beverly McGowan will complete her first four-year term on the BRCC Local Board. Recommendation: Ms. McGowan has indicated her willingness to serve a second four year term. The attached letter is from Dr. Downey showing his support for her reappointment. Attachments: Letter Dr. Downey - McGowan 10. Adjournment City of Harrisonburg Page 6 Printed on 4/14/2015

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