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City Council

Regular Meeting

Harrisonburg, VA · December 8, 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, December 8, 2015 7:00 PM Council Chambers 1. Roll Call Present: 4- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Ted Byrd and Council Member Abe Shearer Absent: 1- Council Member Kai Degner Also Present: 5- City Manager Kurt Hodgen, Deputy 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) James "Bucky" Berry, 30 West Washington Street, stated the Brent Berry Food Drive would begin at 10:00 a.m., Thursday, December 10, 2015. Mr. Berry stated the food would benefit the Salvation Army and that there is a homelessness and hunger issue here in the community. Brent Berry, 30 West Washington Street, thanked those sponsoring his event, stated the food would benefit the Salvation Army, and invited all to attend. Michael Wong, 709 Ott Street, presented a painting to the city that his mom, Lay Wong, an accomplished watercolor artist painted to be hung within City Hall. Council thanked Mr. Wong and the Hollis family for the donation and noted that his mother was a very well-known watercolor artist. Mayors Jones thanked Mr. Wong for his work on veterans’ homelessness. 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) City of Harrisonburg Page 1 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve the consent agenda as presented with the correction made to Ritchie Vaughn's address. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 5.a. Minutes These Minutes were approved with the correction made to Ritchie Vaughn's address. 5.b. Consider a supplemental appropriation for the Police Department in the amount of $28,703.39 to purchase scheduling software This Supplemental Appropriation was approved on second reading. 5.c. Consider a supplemental appropriation for the Emergency Communications Center (ECC) in the amount of $150,000 This Supplemental Appropriation was approved on second reading. 6. Public Hearings 6.a. Consider issuing a renewal of the Certificate of Public Convenience and Necessity for Checkered Cab City Attorney Brown stated the following request is for a renewal of the Certificate of Public Convenience and Necessity for Checkered Cab. City Attorney Brown stated Mr. Presnell has operated Checkered Cab in a professional manner and the city of Harrisonburg has not received any complaints against the company and the renewal of the certificate is recommended. At 7:08 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 Saturday, November 28, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:09 p.m., and the regular session reconvened. A motion was made by Council Member Shearer, seconded by Vice-Mayor Baugh, to renew the Certificate of Public Convenience and Necessity for Checkered Cab. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner City of Harrisonburg Page 2 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 6.b. Consider a request from Edwin Joya to rezone a 7,461 +/- square foot parcel located at 707 North Main Street, from R-2, Residential District to M-1, General Industrial District Adam Fletcher, Acting Director of Community Development, stated the applicant would like to expand their existing vehicle sales use, which is located on the adjacent property to the south at 705 North Main Street, by constructing an automotive repair garage and office on a portion of the rezoned property. Mr. Fletcher stated in 2002, the parcel along with the adjacent property to the north at 715 North Main Street had been rezoned from M-1 to R-2, in order to alleviate non-conforming issues and allow the existing single-family homes to be renovated. Mr. Fletcher reported that in 2002, both staff and Planning Commission recommended against the rezoning, citing possible conflicts with the existing adjacent commercial uses and that it was not supported by the Comprehensive Plan. Mr. Fletcher reviewed the property and the surrounding properties. Mr. Fletcher stated the applicant understands that if approved, the non -conforming dwelling that is currently on the property would remain; however it could no longer be occupied residentially and would be used as storage for the vehicle sales /repair use. Mr. Fletcher noted the parcel under review lies completely within the flood plain, with a portion of it in the floodway, which places constraints on the redevelopment of the site. Mr. Fletcher also noted that the applicant plans to vacate the property line between the subject parcel and his adjacent property at 705 North Main Street, in order to construct a two or three bay automotive repair garage with associated offices. Mr. Fletcher stated that when the property line is vacated, the applicant must meet the requirements of the Subdivision Ordinance and would need to dedicate right of way along the frontage of both the subject parcel requested for rezoning, as well as along the adjacent parcel to the south . The applicant has been informed that he would need to hire a surveyor to work with city staff in order to establish the exact amount of required property dedication to provide the needed street improvements that are noted in the Master Transportation Plan. Mr. Fletcher stated both staff and Planning Commission recommended approval due to being in line with the Comprehensive Plan. At 7:15 p.m., Mayor Jones closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, November 23, 2015 and Monday, November 30, 2015. James "Bucky" Berry, 30 West Washington, shared concerns about traffic entering and exiting the property. At 7:16 p.m., Mayor Jones closed the public hearing and the regular session reconvened. Vice-Mayor Baugh noted with the request, improvements would be made to help with traffic flow. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve the rezoning as presented. The motion carried with a recorded roll call vote taken as follows: City of Harrisonburg Page 3 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 6.c. Consider a request from 137 Water, LLC, with representative Barry Kelley to rezone a 2,460 +/- square foot parcel located at 137 West Water Street, from M-1, General Industrial District to B-1C, Central Business District Conditional Mr. Fletcher reviewed the property, the history of the property, and noted that the structure on the property was built between 1907 and 1912. Mr. Fletcher noted the applicant plans to renovate the existing residential structure by creating two, one-bedroom units. Mr. Fletcher noted the applicant was issued a building permit in October 2015 that allowed him to begin renovations on the property. Mr. Fletcher stated by right, any residential unit could have up to four (4) occupants with no minimum parking requirements within the B-1 zoning district. Mr. Fletcher stated the applicant offered the following proffer to alleviate staffs concern regarding off-street parking: the subject property shall be permitted to utilize all abilities granted by the B-1 zoning district, except that residential use of the existing single family structure shall be limited to two, one-bedroom units, where occupancy shall be restricted to a family or not more than two (2) persons. It was also noted, the adjoining parking lot is owned by the applicant and he has explained that any tenant of either unit would have the ability, if necessary, to lease parking spaces. Mr. Fletcher stated both staff and Planning Commission recommended for approval and stated the request does comply with Comprehensive Plan Land Use Guide. At 7:24 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, November 23, 2015 and Monday, November 30, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:25 p.m., and the regular session reconvened. Council Member Byrd asked if the sanitary sewer easement had been platted. Mr. Fletcher stated that information was irrelevant to the rezoning request, but to serve as information for the applicant to be aware of the private sanitary sewer lateral connections as they enter into the building permit process. A motion was made by Council Member Shearer, seconded by Vice-Mayor Baugh, to rezone the 2,460 parcel on Water Street from M-1 to B-1C as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner City of Harrisonburg Page 4 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 6.d. Consider a request from Power Acceleration Inc. with representatives Saber Khoshnaw and Bashdar Azeez for a special use permit per Section 10-3-91 (9) of the Zoning Ordinance, to allow for a reduction in the side yard setback to zero feet on a 9,350+/- square foot parcel, zoned B-2, General Business District, and addressed as 685 East Wolfe Street Mr. Fletcher stated the applicant hopes to utilize the special use permit (SUP) to renovate the existing principle buildings, which are non-conforming to setback regulations, and to change the property's use to a vehicle repair shop, which is permitted by right. Mr. Fletcher explained that a standard side yard setback in the B-2 district is ten (10) feet, unless the adjoining property is zoned residentially and then the setback increased to 30 feet. Mr. Fletcher stated the southern parcel boundary is the property line they are requesting the ability for a zero lot line setback. Mr. Fletcher reviewed the property and surrounding properties. Mr. Fletcher stated the three buildings located on the property are non -conforming to setback regulations and the structures only meet the required minimum setbacks from the front line along Old Furnace Road and the western rear boundary. Mr. Fletcher noted any changes to this property would be difficult since it is a corner parcel, the adjacent lots are residentially zoned, and it is just over 60 feet wide. Mr. Fletcher stated that once all setback regulations are applied, the 9,350 square foot parcel is limited to a buildable area of 2,864 square feet. Mr. Fletcher stated the applicant plans to change the use of the site from an operating car wash to an automotive repair shop. Their plan is to renovate the existing principle structures and connect the two buildings by constructing an addition between the two buildings, where the end result would be one structure. Mr. Fletcher stated this SUP request appeared to be the most useful plan for the applicant. Mr. Fletcher stated if approved, the applicants must submit a surveyed measurement of the westernmost building from the front property line along East Wolfe Street. The surveyor should also confirm what staff believes would be the required setback along East Wolfe Street. In addition, the building permit application must demonstrate where the setback is located within the westernmost building so staff and the property owners understand where improvements are permitted to occur . Mr. Fletcher noted the Fire Department noted that generally speaking they are opposed to zero yard setbacks due to the associated fire spread danger when buildings are constructed so close together and the difficulty that occurs in fighting the fire. However, in understanding the applicants’ plan to renovate the existing principle buildings and to add an addition to connect the two buildings, they consented to the idea, but only if the permit was granted to the stated plan of development. Mr. Fletcher stated both staff and Planning Commission recommended approval of the SUP with the following condition: the special use permit shall only be applicable for the renovation of the existing principle buildings, where the zero side yard setback shall be applied along the location of those buildings and in the space between the buildings so that the two buildings may be connected to create one structure. Mr. Fletcher stated parking, storage of inoperable vehicles, and both City Code and Building Code were discussed with the applicant and will be addressed further at the appropriate time. Mr. Fletcher stated he spoke to Harrisonburg Electric Commission (HEC) regarding the pole City of Harrisonburg Page 5 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 along East Wolfe Street and if the applicant is building what is shown, the power lines would likely still be carried over the existing buildings. Mr. Fletcher noted the HEC concern would be addressed further during the building permit application. At 7:34 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, November 23, 2015 and Monday, November 30, 2015. David Coyner, 680 East Market Street, stated he had property surrounding the property being discussed and stated if the survey is correct; the current wall is on his property. Mr. Corner wasn’t in favor of the request due to the Fire Department’s concern and feels that today's setback and parking regulations should be applied. Robert Jefferson, owner of adjacent property, stated he was there when the property was surveyed and the original pin was on the station lot. Mr. Jefferson wasn’t in favor of the request due to the Fire Department’s concern and concerns regarding parking access on Old Furnace Road and Wolfe Street. At 7:38p.m., Mayor Jones closed the public hearing and the regular session reconvened. Vice-Mayor Baugh stated the actions taken tonight would not allow the applicant to go against building code and wouldn’t allow them to do any improvements on adjacent properties. Council Member Shearer asked about the Fire Department’s concern and the parking concerns. Mr. Fletcher noted that the condition came from their concern and noted the Fire Department was not looking at the power lines at the location and Harrisonburg Electric Commission (HEC) shared no concerns during the review process. Mr. Fletcher stated parking requirements have to be abided by and will be reviewed during the building permit review process. Mr. Fletcher stated vehicles waiting for service can’t be stored on the public street; customers are able to utilize public parking. Council Member Shearer stated storage of vehicles waiting to be serviced are using public parking at other sites. Mr. Fletcher stated action could be taken to those sites in violation. It was noted that investment is being sought for a property that is in need for improvement. A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, to approve the SUP as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner City of Harrisonburg Page 6 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 6.e. Consider a request from Donna Ray Budzius for a special use permit per Section 10-3-40 (6) of the Zoning Ordinance, to allow for a major family day home on a 9,048+/- square foot property addressed as 73 Rex Road Mr. Fletcher reviewed the property, the surrounding properties, and defined a major family day home. Mr. Fletcher stated there is a graveled area that could be used for off-street parking and available for drop-off and pick-up of children. Mr. Fletcher stated vehicles would not be allowed to park in front of the subject property, along Lynne Place between the stop sign and the driveway entrance. Mr. Fletcher stated the applicant has applied to the Virginia Department of Social Services (VDSS) to expand the enrollment to twelve (12) children, which is the maximum number of children allowed. Mr. Fletcher stated the applicant states it is likely only five (5) to eight (8) children would be provided care at one time. Mr. Fletcher stated both staff and Planning Commission recommended approval. At 7:47 p.m., Mayor Jones closed the regular session and called the fifth public hearing to order. A notice appeared in the Daily News-Record on Monday, November 23, 2015 and Monday, November 30, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:48 p.m., and the regular session reconvened. It was noted that SUP’s can always be reviewed if issues arise and major family day homes are regulated by the VDSS. A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, to approve the SUP as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 7. Regular Items 7.a. Consider a request from One39 LLC, with representative Matchbox Realty and Management Inc., for a comprehensive sign plan as per section 11-7-6 (9) of the Sign Ordinance Mr. Fletcher reviewed the property and stated the building located on 139 North Liberty Street is currently being renovated for commercial space. Mr. Fletcher reviewed Section 11-7-6 (1), (5), and (9) of the Harrisonburg City Code. Mr. Fletcher stated the Comprehensive Sign Plan requests for the multiple tenant building and adjacent parking lot, where one freestanding sign would advertise the adjacent building and tenants. The sign would be placed behind the property line upon entering the parking lot at 143 North Liberty Street, which is also owned by the applicant. The proposed signage is meant to direct traffic traveling south on Liberty Street to the businesses located at 139 North Liberty Street, as well as to City of Harrisonburg Page 7 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 the available parking for the businesses. Mr. Fletcher stated the applicant indicates the signage would be contemporarily styled to match that of the updated façade and improvements at 139 North Liberty Street. Mr. Fletcher stated the sign design submitted shows the sign as a nine feet in height with sign area of 32.5 square feet. Mr. Fletcher also noted that allowable free standing signage for the two parcels totals 158 square feet. As stipulated by the regulations, if approved, no free standing signage would be allowed on the property at 139 North Liberty Street; however, building signage advertising the tenant within the building is planned. It is desired to allow tenants to advertise on any front or side wall of the structure without coming back to council. Mr. Fletcher stated staff recommended approval. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve the request from One39 LLC. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 7.b. Presentation of the City’s Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) Matthew Heatwole, Brown, Edwards & Company, LLC, complimented city staff being prepared for their visit. Mr. Heatwole stated the audit resulted in an Unmodified Opinion and there were no issues to report on internal control. 7.c. Harrisonburg Downtown Renaissance semi-annual report Eddie Bumbaugh, Executive Director Harrisonburg Downtown Renaissance (HDR), stated tonight would be a summary and those interested in further details could attend an event at Clementine’s on February 22, 2016. Mr. Bumbaugh stated Virginia Main Street (VMS) contracted with Virginia Commonwealth University and Preservation Virginia to conduct a 30 year study of Main Street in Virginia with the focus on economic development and the impact VMS communities had on economic development. Mr. Bumbaugh stated Harrisonburg was one of three localities chosen for the study. Mr. Bumbaugh stated various VMS communities have come to Harrisonburg for consultations and visits and Main Street communities from other states have come for visits. Mr. Bumbaugh stated HDR was able to provide funding for 98 projects totaling approximately $175,000 in façade enhancement grants since 2005. In 2015, six projects were funded with a total of $10,000. Mr. Bumbaugh stated a priority of the HDR Board was a Retail Renaissance Program. The program consisted of six workshops and matching grants up to $1,000 were available to those businesses that submitted applications and participated in the workshops. It was noted that retail businesses that received grants would remain open until 7:30 p.m., on Friday evenings and open Sunday’s from noon to 4:00 p.m., for at least a year. Mr. Bumbaugh briefly spoke about annual beautification projects and stated the deck mural is complete City of Harrisonburg Page 8 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 and signs about the project are installed and a dedication would take place after the first of the year. Mr. Bumbaugh stated the Build Our Park Task Force has met several times and are working on strategies to move the plan forward in possible phases and are seeking sponsorships for major amenities within the park. Mr. Bumbaugh also announced that there has been an increase in the private sector supporting the project. Mr. Bumbaugh spoke and reflected about his time in his position for the last 12.5 years. Mr. Bumbaugh announced the new executive director, Andrea Dono, spoke about her previous achievements, and stated she would begin with HDR Monday, January 4, 2016. 7.d. Resolution for Edward Bumbaugh Mayor Jones read and presented Mr. Bumbaugh with a resolution. A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, to adopt the resolution for Eddie Bumbaugh. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 7.c. Harrisonburg Downtown Renaissance semi-annual report Andy Perrine, HDR Board President, stated the HDR Board approved funds for Mr. Bumbaugh to stay on through January, so he could help with the transition. Mr. Perrine described the hiring process for the new executive director and stated Ms . Dono comes from the city of Manassas. Mr. Perrine spoke highly of Mr. Bumbaugh and his successor Ms. Dono. Ms. Dono stated she is thrilled to be living and working in Harrisonburg and she is excited to keep improving the program. 7.e. Consider a resolution to issue up $10 million in general obligation bonds to finance various capital projects City Manager Hodgen stated a public hearing was held during the previous meeting and this bond would be for the Park View water tank project, a portion of the Reservoir Street improvement project, a portion of the Pleasant Valley Road bridge project, and the Fire Station No. 1 renovation project. Council Member Byrd stated the Finance Committee reviewed and recommended the sign off on a 15-year bond issue at a fixed interest rate of 2.32%. A brief discussion was held about the tremendous needs for these projects after City of Harrisonburg Page 9 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 they had been pushed back several years. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve the resolutions. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 7.f. Consider amending and enacting Section 15-2-1 of the Harrisonburg City Code City Attorney Brown presented a draft ordinance and a memorandum of what the ordinance was trying to accomplish, which is the following: the definition of tethering and adequate space, and the duration of time a dog can be tethered . City Attorney Brown stated the draft ordinance was for council to review and provide feedback. City Attorney Brown stated staff recommends the tethering duration not to exceed 60 continuous minutes more than four (4) times in a 24-hour period. City Attorney Brown noted that council might want to consider limiting the time of day that a dog may be tethered, such as prohibiting the tethering of dogs after 10:00 p.m. and before 6:00 a.m., to reduce barking at night. City Attorney Brown also noted that council might want to broaden the scope of the ordinance to apply to all companion animals and/or the outside temperature. City Attorney Brown stated that the city has a catch all provision in the Animal Welfare Chapter of the Harrisonburg City Code, which provides that a violation of the chapter is considered a class 4 misdemeanor. City Attorney Brown stated a public hearing is not required, but staff suggests holding a public hearing for feedback and educational purposes. There was a brief discussion about other jurisdictions going through the same thing and feedback they had received from those jurisdictions. It was a general consensus that the draft ordinance needs to be placed in the public eye for review and time for feedback to council. Vice-Mayor Baugh stated he would like to see the draft provided be available for review with the following provision: first violation, class 3 misdemeanor; second violation within one year of first violation, class 2 misdemeanor; and, all subsequent violations within one year of first violation, class 1 misdemeanor. Council Member Byrd asked how many animals this would apply to within the city on an average day . Jetta Earhart, animal control officer, stated it would be less than 10% of dogs within the city and statistically there are 10,000 dogs within a city of our population. Ms. Earhart stated the implementation is recommended for June 1, 2016 to allow time for education. After brief discussion, the draft ordinance will be posted on BeHeardHarrisonburg site prior to the public hearing during the second meeting in January with the provision Vice-Mayor Baugh presented. 8. Other Matters 8.a. Consideration of Amendments to the Central Shenandoah Planning District Commission (CSPDC) City of Harrisonburg Page 10 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 Council Member Byrd stated two actions were taken by the Central Shenandoah Planning District Commission (CSPDC) during last night’s meeting and they were to amend the CSPDC Charter Agreement and the Bylaws. Council Member Byrd stated actions taken by the Board have to be reviewed by all member jurisdictions for the body to approve or disapprove the actions taken. The proposed amendments were as follows: changing the terms of the Executive Committee from two years to three years to align with the terms of Commission members, Article IV, Section 1 and 2 of the CSPDC Charter Agreement and revising the process to elect the Executive Committee members allowing nominations to be made by the Commissioners instead of member jurisdictions, Article II, Section 1(a) and (b) of the CSPDC Bylaws. Council Member Byrd recommended approving the Charter Agreement provision, but not the Bylaws provision. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve the actions taken by the CSPDC Board of Commissioners regarding the Charter Amendments to Article IV, Sections 1 and 2. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner After a brief discussion regarding the Bylaw provision the following vote was taken. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to not approve the actions taken by the CSPDC Board of Commissioners regarding the Bylaws to Article II, Sections 1(a) and (b). The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner Vice-Mayor Baugh stated the Plan Our Park update provided by Mr. Bumbaugh was accurate, but council has not endorsed the plan. Vice-Mayor Baugh reviewed upcoming Planning Commission items. 9. Boards and Commissions 9.a. Building Code Board of Appeals No action was taken. 9.b. Deer Population Task Force No action was taken. City of Harrisonburg Page 11 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 9.c. Harrisonburg Transportation Safety Commission A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, that Russell Presnell, 93 Shenandoah Avenue, be reappointed to the Harrisonburg Transportation Safety Commission to expire December 31, 2018. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 9.d. Harrisonburg Electric Commission A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that Tom Mendez, 141 Diamond Court, and William Culbreth, 520 Ott Street, be reappointed to the Harrisonburg Electric Commission with a term to expire on December 31, 2018. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner 9.e. Industrial Development Authority No action was taken. 9.f. Parks and Recreation Commission No action was taken. Other Matters Continued Mayor Jones reminded everyone of the open house at City Hall at 2:00 p.m., on Thursday, December 10, 2015. 8.c. Consider cancellation of the December 22, 2015 City Council meeting After a brief discussion, the following motion was made. A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, to cancel the December 22, 2015 City Council meeting. Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member Shearer No: 0 Absent: 1- Council Member Degner City of Harrisonburg Page 12 Printed on 1/26/2016 City Council Meeting Minutes - Final December 8, 2015 10. Adjournment At 9:01 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 1/26/2016

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, December 8, 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: November 24, 2015 Draft Meeting Minutes 5.b. Consider a supplemental appropriation for the Police Department in the amount of $28,703.39 to purchase scheduling software Review & The Harrisonburg Police Department is requesting the transfer of $ 28,703.39 from the Recommendation: federal seized assets (funds to be used for Law Enforcement purposes only) account for the purchase of POSS (Police Officer Scheduling Software). POSS Scheduling Solution is a software platform that allows officers and supervisors to create yearlong schedules based on police officer shifts that are then viewable by the department system wide. Attachments: Supplemental Appropriation (Asset Forfeiture) Request for POSS POSS Scheduling Benefits Legislative History 11/24/15 City Council approved on first reading 5.c. Consider a supplemental appropriation for the Emergency Communications Center (ECC) in the amount of $150,000 City of Harrisonburg Page 1 Printed on 12/3/2015 City Council Meeting Agenda - Final December 8, 2015 Review & This is a grant awarded by the Virginia Department of Emergency Management to the Recommendation: ECC's Radio Cache team. The funding is earmarked for outdated equipment replacement (2006), training, planning and exercising. The Radio Cache program has been identified as one of the most crucial and successful outcomes of the Commonwealth's effort to improve interoperable communications. Attachments: Supplemental Appropriation (ECC) Legislative History 11/24/15 City Council approved on first reading 6. Public Hearings 6.a. Consider issuing a renewal of the Certificate of Public Convenience and Necessity for Checkered Cab Review & The Taxi Committee recommends approval for the renewal of the Certificate of Public Recommendation: Convenience and Necessity for Checkered Cab. Mr. Russell Presnell continues to operate Checkered Cab in a professional manner and the City of Harrisonburg has not received any complaints against the company. Attachments: Checkerd Cab LLC 2015 6.b. Consider a request from Edwin Joya to rezone a 7,461 +/- square foot parcel located at 707 North Main Street, from R-2, Residential District to M-1, General Industrial District Review & Planning Commission recommended approval (5-0) of the rezoning request for the Recommendation: property identified as tax map parcel 40-T-9. Attachments: Extract RZ 707 North Main Street Staff Report RZ 707 North Main Street Application & other supporting documents Site Maps 6.c. Consider a request from 137 Water, LLC, with representative Barry Kelley to rezone a 2,460 +/- square foot parcel located at 137 West Water Street, from M-1, General Industrial District to B-1C, Central Business District Conditional Review & Planning Commission recommended approval (5-0) of the rezoning request for the Recommendation: property identified as tax map parcel 25-C-7 with the following proffer: The subject property shall be permitted to utilize all abilities granted by the B -1 zoning district, except that residential use of the existing single family structure shall be limited to two, one-bedroom units, where occupancy shall be restricted to a family or not more than two (2) persons. Attachments: Extract RZ 137 West Water Street Staff Report RZ 137 West Water Street Application & other supporting documents Site Maps 6.d. Consider a request from Power Acceleration Inc. with representatives Saber Khoshnaw and Bashdar Azeez for a special use permit per Section 10-3-91 (9) of the Zoning Ordinance, to allow for a reduction in the side yard setback to zero feet City of Harrisonburg Page 2 Printed on 12/3/2015 City Council Meeting Agenda - Final December 8, 2015 on a 9,350+/- square foot parcel, zoned B-2, General Business District, and addressed as 685 East Wolfe Street Review & Planning Commission recommended approval (5-0), of the special use permit, which is Recommendation: only permitted along the lot line of an adjoining parcel zoned B -2 or M-1, for the property identified as tax map parcel 33-V-15 with the following condition: The special use permit shall only be applicable for the renovation of the existing principle buildings, where the zero side yard setback shall be applied along the location of those buildings and in the space between the buildings so that the two buildings may be connected to create one structure. Attachments: Extract SUP 685 East Wolfe Street Staff Report SUP 685 East Wolfe Street Application & other supporting documents Site Maps 6.e. Consider a request from Donna Ray Budzius for a special use permit per Section 10-3-40 (6) of the Zoning Ordinance, to allow for a major family day home on a 9,048+/- square foot property addressed as 73 Rex Road Review & Planning Commission recommended approval (5-0), of the special use permit to allow a Recommendation: major family day home. The property is zoned R-2, Residential District and is identified as tax map parcel 9-M-3A. Attachments: Extract SUP MFDH 73 Rex Road Staff Report SUP 73 Rex Road Application & other supporting documents Site Maps Neighbor Letter 7. Regular Items 7.a. Consider a request from One39 LLC, with representative Matchbox Realty and Management Inc., for a comprehensive sign plan as per section 11-7-6 (9) of the Sign Ordinance Review & Section 11-7-6 (9) of the Sign Ordinance permits City Council approval of signage Recommendation: within the B-1, Central Business District that does not meet all sign requirements of the zoning district. Staff is recommending approval of the request. Attachments: Staff Report One39 LLC Applicant's letter, sign drawing, maps 7.b. Presentation of the City’s Fiscal Year 2015 Comprehensive Annual Financial Report (CAFR) Review & As required by Section 45 of the City Charter and Section 15.2-2511 of the Code of Recommendation: Virginia, the CPA firm that audited the City's financial records for Fiscal Year 2015 will present the CAFR to City Council. The CAFR was prepared by the Department of Finance and audited by Brown, Edwards & Company, LLC which has issued an unmodified opinion on the CAFR Attachments: 2015 CAFR 7.c. Harrisonburg Downtown Renaissance semi-annual report City of Harrisonburg Page 3 Printed on 12/3/2015 City Council Meeting Agenda - Final December 8, 2015 Review & HDR will provide an update on Main Street, Economic Development, and Design Recommendation: programs and projects. The new HDR executive director will also be introduced. 7.d. Consider a resolution to issue up $10 million in general obligation bonds to finance various capital projects Review & The city issued a RFP for a not to exceed $10 million tax-exempt bank qualified bond Recommendation: issue to finance the Park View water tank project, a portion of the Reservoir Street improvement project, a portion of the Pleasant Valley Road bridge project and the Fire Station No. 1 renovation project. The required public hearing was held on November 24, 2015. The resolution provides for the basic terms of the loan to not exceed 20 years and a fixed interest rate to not exceed 2.42%. The terms also give the city the option to pre-pay the loan without penalty at any time during the term of the bonds. The city's Financial Advisor and city staff reviewed proposals and is recommending that it is in the best interest of the city to award the bond issue to American National Bank and Trust Company. The Finance Committee is further recommending that the city accept the bank's proposal for 15-year bond issue at a fixed interest rate of 2.32%. Attachments: Bond Resolution 7.e. Consider amending and enacting Section 15-2-1 of the Harrisonburg City Code Review & At the November 10, 2015 City Council meeting, Vice-Mayor Baugh advised that he had Recommendation: received suggested changes to Chapter 15 of the City of Harrisonburg Code relating to animal welfare specifically rules regarding tethering of dogs. City Council requested staff review and make recommendations. Current city ordinances in Chapter 15 Section 2 provide for the condition of the premises where animals are kept and define cruelty to animals in relation to food, drink, sheltering and emergency veterinary attention. The proposed changes define how a dog can be tethered, adequate space, and duration of time. Attachments: Memo to Council Ordinance - current Ordinance refecting proposed changes Ordinance final version pending approval 8. Other Matters 9. Boards and Commissions 9.a. Building Code Board of Appeals City of Harrisonburg Page 4 Printed on 12/3/2015 City Council Meeting Agenda - Final December 8, 2015 Review & There are three upcoming vacancies and the city clerk has notified the individuals that Recommendation: are up for re-appointment and hasn't heard anything to date. The city clerk has also contacted an individual that had their application on file to see if he was still interested in serving. These three terms would expire November 30, 2018. 119.3 Officers and qualifications of members. The LBBCA shall annually select one of its regular members to serve as chairman . When the chairman is not present at an appeal hearing, the members present shall select an acting chairman. The locality or the chief executive officer of the locality shall appoint a secretary to the LBBCA to maintain a detailed record of all proceedings . Members of the LBBCA shall be selected by the locality on the basis of their ability to render fair and competent decisions regarding application of the USBC and shall to the extent possible, represent different occupational or professional fields relating to the construction industry. At least one member should be an experienced builder; at least one member should be an RDP, and at least one member should be an experienced property manager. Employees or officials of the locality shall not serve as members of the LBBCA 9.b. Deer Population Task Force Review & There are two current vacancies. The city clerk hasn't received any applications and Recommendation: there aren't any applications on file. 9.c. Harrisonburg Transportation Safety Commission Review & Mr. Russell Presnell (NW) and Mr. Calvin Ferrell's (SE) terms will expire December 31, Recommendation: 2015. Mr. Ferrell has contacted the city clerk stating he is not interested in serving another term. These terms would expire December 31, 2018. Attachments: Chance Ebersold (SE) Chris Pipkins (NW) Russell Presnell (NW) 9.d. Harrisonburg Electric Commission Review & The commission is recommending reappointing both Mr. William Culbreth and Mr . Recommendation: Thomas Mendez to the Harrisonburg Electric Commission with terms to expire December 31, 2018. Attachments: Letter - Shifflett Letter - Mendez 9.e. Industrial Development Authority Review & There are three current vacancies and two of the members are unable to serve an Recommendation: additional term. Appointment made for these terms would expire April 24, 2019. 9.f. Parks and Recreation Commission Review & There is one at-large upcoming vacancy on the Parks and Recreation Commission that Recommendation: is due to expire December 31, 2015. The city clerk has contacted Mr. Anthony Hill, current member, and hasn't heard about his interest in serving. The term for this appointment would expire December 31, 2019. Attachments: Chris Pipkins 10. Adjournment City of Harrisonburg Page 5 Printed on 12/3/2015 City Council Meeting Agenda - Final December 8, 2015 City of Harrisonburg Page 6 Printed on 12/3/2015

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