City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, May 28, 2019 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Sal Romero, Council Member Richard Baugh, Council Member Christopher B. Jones and Council Member George Hirschmann Also Present: 4- City Manager Eric Campbell, City Clerk Pam Ulmer, City Attorney Chris Brown and Police Chief Eric English 2. Invocation Vice Mayor Romero offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance. 4. Special Recognition 4.a. Proclamation declaring the first Friday in June to be National Gun Violence Awareness Day Moms Demand Action group stood while Mayor Reed presented the proclamation recognizing June 7, 2019 as National Gun Violence Awareness Day. 4.b. 2019 Service Learning Program presentation Ande Banks, deputy city manager, introduced the fourth year of the Service Learning Program. He stated he was excited to create this four years ago with Mr. Jay Hook and Mr. Kirk Moyers of Harrisonburg High School, to focus a curriculum on local government and noted this is the second year in which the program started in the fall with field trips to all of the departments, and then worked with city staff on individual projects that culminate to the presentations. He thanked all the amazing students and staff that had been working with them. Jay Hook, Honors Government teacher with Harrisonburg High School, stated this was a great year for service learning and the students accomplished a lot. He thanked all the city departments for their work with these students. Jefferson Tjaden, Juan Martinez-Anton, Tom Karageorge, and Marcus Robinson-Jenkins worked with the Department of Tourism. Mr. Karageorge stated the purpose of the project was to explore areas in the city of places to go and things to do for teenagers. Mr. Martinez-Anton stated the process started by reading the City of Harrisonburg Page 1 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 itineraries and blogs posted on the Department of Tourism’s website. He stated the group attended meetings with staff and through research the group created four itineraries for teens. Mr. Robinson-Jenkins stated the group tested the itineraries themselves, spending a day as a visitor in the city and exploring the area, during which they gained knowledge of certain places in Harrisonburg they didn ’t know about. Mr. Martinez-Anton stated he did the “A Day in Historic Harrisonburg” itinerary, with a purpose to explore the heart of the city. He stated there are so many things to do, and his itinerary included shopping, Ruby’s Arcade and Jack Browns Burger Joint, which he was told is the best burger joint in town. Mr. Robinson-Jenkins stated he did the “Escape in the Burg” itinerary, with a purpose to be able to “escape” in Harrisonburg, which included the Edith J. Carrier Arboretum, House of Clues and Hokkaido Japanese Steakhouse. Mr. Karageorge stated he did the “A Rainy Day” itinerary, with the purpose of discovering attractions and events to do when there is bad weather, which included Valley Lanes bowling, Jump Park, Taste of Thai and J-Petal. Mr. Tjaden stated he did the “JMU College Day” itinerary with a purpose to introduce teenagers to a potential future college. He stated it included the East Campus Dining Hall (E-Hall), JMU UREC and the JMU Bookstore. Mr. Karageorge stated there are a lot of fun things to do in Harrisonburg - more fun than they thought . Mr. Tjaden thanked council and noted their itineraries can be found on the Department of Tourism’s website at visitharrisonburgva.com/trip-ideas. Vice Mayor Romero asked if there was one thing they would like to see in the city that we don’t have. They stated Laser Tag or Paint Ball. Mayor Reed stated the group did great work and thanked them. Maggie Hernandez-Perez, Ian Comer, Sama Alsendi, and Mazin Faeedi worked with the Harrisonburg Police Department to build a new K-9 training obstacle. Mr. Comer stated the group chose this project because it was a hands -on activity, they wanted to work with a well-known city department and they wanted to help with the safety of the K-9 dogs and the community. He stated the new obstacle will increase the dog ’s safety, introduce them to new environments, and boost their confidence in public. Ms. Alsendi stated the project included three different phases: planning, material and funding, and building. She provided the time line for each phase. Ms. Hernandez-Perez stated during phase one the group contacted and visited other localities equipment and training grounds and realized it was time to change the current obstacle course. Ms. Alsendi stated during phase two they met with Chief English where a Special Operations Budget was discussed, and they were approved $1,000 in funding for this project. She stated they then reached out to local companies for supplies and spent a total of $945. Mr. Faeedi stated during phase three they demolished the old obstacle and built the new one, which is more complex, durable and safer for the dogs. Mr. Comer stated in conclusion the group spent 114 hours on this project, not to mention the efforts from the Police Department staff as well. He stated other communities can use this new obstacle, it introduces a variety of potential situations for the dogs and noted using K-9s as a use of force is the only use City of Harrisonburg Page 2 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 of force that can be recalled at any time. He thanked Council for their time. Mayor Reed stated it was a great presentation and thanked them. Walker Thompson, Samantha Little, Sarah Earle and Philip Hart worked with the Harrisonburg Parks and Recreation Department regarding pollinators. Mr. Thompson stated the Save the Bee movement has been traveling across the US, and this group’s goal was to stress the importance of pollinators in local ecosystems and local food productions as well as to review what is already being done in the city. Mr. Hart reviewed what pollinators are and why they are important. He stated pollinators are responsible for an estimated $217B global crop production and are necessary for three quarters of our major food crop. He stated pollinators are major contributors to the overall health of an ecosystem, contributing to food chains, prevention of soil erosion, and pest control. Mr. Thompson reviewed the existing gardens in the city which included: Interstate exits, Hillandale Park, Westover Park, Rain Garden in Purcell Park, Pollinator Garden at Purcell Park and Smithland Road Dog Park. Ms. Earle reviewed possible future projects which include: The current Bee City Committee serving as an annual event committee, adoption of a resolution establishing Harrisonburg as a Pollinator-friendly city, establish pollinator-related programs, creations of a pollinator city logo, adopt a Bee Ordinance, creating a Pollinator Corridor education center and connector at Liberty Park, and the planning and maintenance of pollinator spaces throughout the city. Ms. Little reviewed the vision of a Harrisonburg Pollinator Management Plan which include establishing more pollinator habitats, creating an integrated pest management plan, creating partnerships, educating the public, and creating a renowned pollinator program. She stated the goals for the pollinator committee are to create a GIS Map of current and potential pollinator habitats, compile a resource list for grants, and organize an annual pollinator event. Mayor Reed thanked the group. Karla Delcid Cruz, Anne Penrod, Katherine Botticelli and Jerome Li worked with the Public Works department investigating how the China Sword has affected recycling in the community. Ms. Penrod stated the China Sword is a policy developed in 2017 by the Chinese government created to crack down on imports of contaminated recycling . She stated it was implemented on January 1, 2018 and China supplied its manufacturing industry by recycling “trash” into usable materials. She stated in total, China imported seven million tons of trash from the world in 2019 of which 300,000 tons were from the United States. She stated in 2015 Beijing authorities predicted three consecutive days of intense smog in the city and issued a Red Alert warning to its citizens, closing schools and businesses, mainly due to trash emissions but also coal fire plants, vehicle emissions, etc. She stated at the same time ten other cities in China experienced the same alert. Ms. Botticelli reviewed the timeline of the acceptance of recycling materials beginning in 2016. She stated in 2016 China was City of Harrisonburg Page 3 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 taking 7.3 million tons of paper, metal and plastics from countries, in July 2017 all imported trash required to meet contamination rates of 99.5% pure and China banned 24 types of recyclable materials, and in 2018 American citizens started to feel the impacts as local recycling programs shut down. Ms. Delcid Cruz reviewed how certain states’ recycling programs were affected and noted Virginia felt it quite heavily. Mr. Li reviewed how it affected the city with the recycling center closing, a recycling convenience center opening, and a mobile recycling unit program created . Ms. Penrod reviewed the recycling units available throughout the city. Mr. Li reviewed other localities in the area and noted Broadway’s curbside program was shut down after operating for over 20 years as were as Elkton and Bridgewater’s. He stated all the trash from these localities is now going to the Rockingham County Land Fill where individuals can sort the recyclables. Ms. Delcid Cruz stated there are things the community can do locally to reduce the amount of trash produced such as: using palm leaf utensils for the public schools, taking advantage of zero waste stores, dropping off plastic shopping bags to participating stores, buying reusable water bottles, and stopping the use of plastic straws. Ms. Botticelli shared recommended solutions to reduce, reuse, and recycle. Ms. Penrod stated due to this project they were able to hopefully implement one or two water bottle filling stations in the high school to encourage students to reuse the same water bottle and lessen their plastic waste . She stated the China Sword has affected everyone, but as individuals we can take and use these tips and implement them into our daily lives, so we can lessen our plastic waste and therefore help the environment. Mayor Reed stated the group did a fabulous job and the city manager might want to hire them all when he must handle recycling issues. Evan Wood, Nathan McIntire, Ethan McHone and Domonique Rudd worked with the Department of Transportation to examine four different locations in the city to find solutions for pedestrian crossing issues. Mr. Rudd stated the locations were provided by the Public Works Department where people claimed they had trouble crossing the street. She reviewed crosswalk advantages and disadvantages. Mr. Wood reviewed the requirements and guidelines from the Virginia Department of Transportation (VDOT) regarding crosswalks and used these when determining a solution to each of those locations chosen. Mr. McIntire reviewed the study locations: Grace Street at Chesapeake Avenue, South Avenue at Grand Duke Apartments, North Main Street at Holly Hill Drive and Chicago Avenue at Waterman Drive. He stated two existing and designed crosswalks were also studied: Neff Avenue at Sunchase Drive and Reservoir Street at Norwood Street. He reviewed the existing conditions at each of those locations. Mr. McHone stated data was collected manually and/or by viewing video recordings from cameras located at these sites and noted the results of the data collection during peak times of the day. Mr. Wood stated after analyzing the data, they compared to VDOT’s requirements and guidelines and determined what should be done at each of these locations. The findings were as follows: Neff Avenue already has a crosswalk and no additional action is recommended; Reservoir Street has no current crosswalk and does not warrant one, City of Harrisonburg Page 4 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 but monitoring that location is recommended; North Main Street does not currently have a crosswalk and does not warrant one, however adding sidewalks and re-evaluation at a later time is recommended; Chicago Avenue does not have a crosswalk and a normal crosswalk and speed study is recommended; Grace Street does not have a crosswalk but qualifies for one based on data, therefore, implementing a crosswalk is recommended; and South Avenue implementing a crosswalk is recommended due to the fact that the category of Vulnerable Pedestrians (children) use the area. He stated further consideration needs to be taken during design process for speed and sight distance. Mayor Reed thanked the group. Elisavet Savides, Anna Rath, Farah Ragab and James Frakes worked with the Harrisonburg Fire Department (HFD) to reduce the impact of trauma in schools through a concept called “Handle with Care”. Mr. Frakes stated the group worked to recruit collaboration among nine city departments: HFD, Harrisonburg Police Department, Harrisonburg Rescue Squad, Harrisonburg city Public Schools, City Manager’s Office, Harrisonburg-Rockingham Emergency Communications Center, Harrisonburg-Rockingham Crisis Intervention Program and the Harrisonburg-Rockingham Community Services Board. Ms. Savides stated over 20% of America’s youth have been diagnosed with a mental health disorder, suicide is the leading cause of death in ages 15-24, over 70% of youth and juvenile justice systems have a mental illness, 37% of students who suffer from a mental illness end up dropping out of school, and unresolved childhood trauma may result in a life of crime, depression, anxiety, and/or PTSD to name a few. She stated the goal of Handle with Care (HWC) is to promote safe and supportive homes, schools, and communities that protect children, and help traumatized children heal and thrive. She stated this program originated in Charleston WV in 2013 and is now in 55 counties in WV, Maryland, Texas, Georgia, Australia and Virginia. Ms. Rath stated HWC will only work if there is collaboration between the different city departments. She stated Step One includes emergency responders arriving at the scene, identifying the student affected/involved and then contacting HRECC for a Handle with Care Notification. Ms. Ragab stated Step Two includes HRECC receiving the HWC notification: a dispatcher will enter in the information on the Alpha Page System and send it to City School Central Office Staff Members and School Resource Officers. Mr. Frakes stated Step 3 includes how the City Central Office and Schools handles it from there . He stated the school’s role is to be supportive throughout the day, gently engage open communication, and recognize if there is a need to consider other resources. Ms. Ragab stated the only goal is to make sure the child is handled with care at school that day, to provide support during their stressful experiences. Ms. Rath stated the main goal and final outcome is success through collaboration, it is extremely vital that HWC has complete and total collaboration. Ms. Savides stated the long-term effects of HWC is that all the schools shown in the presentation will have Handle with Care implemented by August 20, 2019. She stated that is over 6,000 students that could be potentially impacted by HWC and we will be proactive with childhood trauma City of Harrisonburg Page 5 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 rather than reactive. Mr. Frakes stated this program has been legally cleared through the City Manager’s Office and the Harrisonburg City Public schools, the stakeholders/department director wish to immediately pursue planning and training and this will not cost the city any money. The group thanked city council for the opportunity to leave the city school system even better than when they found it. Eric Campbell, city manager, asked the group if they encountered anyone that voluntarily stated they were traumatized and may be able to seek treatment now . Anna stated one part of the program is that there will be counselors working at the schools and will talk to any student that has been traumatized in the past, present and future. Mr. Campbell stated this was an excellent presentation. Mayor Reed stated everyone did a fantastic job and deserve a round of applause. Recess At 8:00 p.m., Mayor Reed called the meeting into recess. At 8:04 p.m., Mayor Reed called the meeting back into session. 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 Baugh, seconded by Council Member Hirschmann, to approve the consent agenda as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 5.a. Minutes from May 9, 2019 City Council Budget Work Session These minutes were approved on the consent agenda 5.b. Minutes from May 14, 2019 City Council Meeting These minutes were approved on the consent agenda 5.c. Consider adopting an ordinance to rename the Harrisonburg-Rockingham Community Mental Health and Mental Retardation Services Board (CSB) to the Harrisonburg-Rockingham Community Service Board (CSB) and designate as an operating community services board. This Ordinance was approved on the consent agenda City of Harrisonburg Page 6 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 5.d. Consider adopting the Fiscal Year 2019-2020 budget and approving the Appropriation Ordinance City manager Campbell stated the budget has been officially adopted and thanked council for their support and staff for their hard work. Council Member Baugh stated it works both ways and thanked the city manager and staff. This Appropriations Ordinance for the FY 2019-2020 Budget was approved on the consent agenda 6. Public Hearings 6.a. Consider a supplemental appropriation in the amount of $3,335,206 for the School Capital Projects Fund. Larry Propst, Finance Director, presented a supplemental appropriations request from Harrisonburg City Public Schools, in the amount of $3,335,206, per the Interim Agreement Council approved on May 14, 2019. He stated the city will fund $2.5M of that request and the school will fund the remainder. At 8:06 p.m., Mayor Reed closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Monday, May 20, 2019. There being no one desiring to be heard, Mayor Reed closed the public hearing at 8:07 p.m., and the regular session reconvened. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 6.b. Consider approval of the disposition of real estate owned by the City of Harrisonburg located on the corner of Country Club Road and Linda Lane containing 22,700 square feet, more or less Chris Brown, city attorney, presented a request to approve a proposed draft Real Estate Purchase Agreement in the amount of $44,250 from the city to Rodney Eagle and Alan Strawderman and a resolution authorizing the sale. He stated the parcel of land is located on the corner of Country Club Road and Linda Lane, containing 23,200 square feet, more or less. He stated once the final survey is obtained and the total square footage is determined the price will reflect any changes prior to signing . He stated staff recommends approval. He stated the most important advantages staff feels is that we will now be able to obtain a shared use path across this parcel as well as other adjoining parcels, it will provide land for future right -of-way road City of Harrisonburg Page 7 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 improvements, and gets this property back on the tax rolls. He stated he is confident Mr. Eagle and Mr. Strawderman will pay some much-needed attention to this section. At 8:10 p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, May 20, 2019. Mr. Strawderman, applicant, thanked everyone from every department that was involved in this, and thanked Mr. Brown for getting this through. He stated he is excited about the improvements they will do to the property. At 8:12 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Baugh stated for reasons related to legal professional ethics he recused himself from Agenda items 6b. Council Member Baugh stated the Virginia State and Local Conflict of Interest Act requires that he make the following disclosure to be recorded in the city records on any matter from which he is prohibited by law from participating: The transaction involved is agenda item 6(b), a request to approve the disposition of real estate belonging to the City of Harrisonburg; his personal interest in the transaction relates to the ethical requirements to which he must adhere as a licensed member of the Virginia State Bar; he affirms he will not vote or any manner act on behalf of city council on this matter A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Jones and Council Member Hirschmann No: 0 Abstain: 1- Council Member Baugh 6.c. Consider approval of the disposition of real estate owned by the city of Harrisonburg located on East Washington Street containing 12,375 square feet, more or less, and update from the CSB on the building project. Chris Brown, city attorney, presented a request to approve the conveyance of a parcel of land, containing 12,375 square feet (more or less) located on East Washington Street and adjoining the current property of the Harrisonburg Rockingham Community Services Board McNulty Center. Ellen Harrison, executive director of the Harrisonburg Rockingham Community City of Harrisonburg Page 8 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 Services Board, presented an update on the building project. She provided a recap of the need for the expansion and progress to date. She reviewed what offices and services will be available in the new building. Mayor Reed asked how many children will the CSB be able to serve. Ms. Harrison stated children consist of 1/3rd of the population serviced by CSB, so if they service 6,000 people, it would be roughly 2,100 children and noted this building project will allow them to expand services a lot . She stated construction will take place while CSB is still in operation and anticipates construction to take 540 days. She reviewed unduplicated client counts for FY 11 through FY 18 which reflects an 81% increase over a seven-year time frame. Vice Mayor Romero asked if in review of the trend of increased services, is there a significant difference in the age of individuals that are being seen more than others? Ms. Harrison stated she thinks the increase is due to exposure more than anything, as CSB staff is more in schools than they ever have been before, so the referral base is much deeper, they are very involved in the court systems, and emerging substance abuse may also be a factor. At 8:25 p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, May 20, 2019. There being no one desiring to be heard, Mayor Reed closed the public hearing at 8:25 p.m., and the regular session reconvened. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 6.d. Consider a request from Skylar & Talli, LLC to rezone 5.44 +/- acres from B-2, General Business District to R-5C, High Density Residential District Conditional at 1051 Peach Grove Avenue and identified as tax map parcel 92-F-10. Adam Fletcher, director of Planning and Community Development, presented the agenda items 6d, 6e, 6f and 6g together. He presented a rezoning request from the B-2 General Business District to R-5C High Density Residential District with proffers as well as three Special Use Permits. He stated the site is located at 1051 Peach Grove Avenue, containing 5.444 acres, with an existing private access road that cuts across the eastern side of the property. He stated the request is to rezone and then allow multi-family dwelling of more than 12 units per building, allow multi-family buildings to be greater than four stories or 52 feet in height, and allow retail stores, convenience shops, personal services, restaurants, and business and professional offices. He stated these four applications are the exact same four applications that were applied for, presented to council in 2008, and approved for property known as 865 East located on Port Republic Road. City of Harrisonburg Page 9 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 He reviewed the surrounding properties and compared to the future land use guide, noting the mixed-use designation is intended to combine residential and non-residential uses in neighborhoods where the different uses are mixed. He reviewed a proposed plan of the site and reviewed the proffers offered, which include : Site shall contain residential and non-residential uses and only commercial space on the first floor; shall contain no more than 400 bedrooms; no more than 2 rows of parking can be located between the building and the public street and the private access road; sidewalk shall be provided along the western side of the private access road; and a right turn taper lane shall be provided along Peach Grove Avenue for at least 125 feet. He presented a rendition of what the property could look like but noted the exact height of the building is unknown but planning on six stories. Mr. Fletcher reviewed staff's concerns in regard to the ingress and egress onto Peach Grove and had tried to promote a shared access to the west. He stated staff wanted to make sure that a safe and comfortable pedestrian environment that promotes walkability for residents and visitors is provided. He stated staff wanted the building to be situated differently on the site and encouraged the developer to place the building as close to the street and private road as possible. Staff stated they also are trying to change how buildings are laid out with parking, for walkability and access to public transportation. He stated the developer did compromise somewhat on the building location but wanted parking directly in front of the ground level commercial units. He stated staff and Planning Commission recommended denial (4-3) for rezoning but if approved by council Planning Commission recommended in favor of the Special Use Permits. Council Member Hirschmann asked how far pedestrians are walking. Mr. Fletcher stated pedestrians are walking approximately a quarter mile radius. Mayor Reed asked who on the Planning Commission voted against and why. Council Member Jones listed the three board members that voted against. Vice Mayor Romero stated he voted in denial of this request for the main reason of the walkability issues, to set an example for other developers to follow. He stated he also asked about adding additional units that could be offered to those needing affordable housing as we have limited real estate in the city, and every time a new project is built we are taking away opportunities for affordable housing. Council Member Hirschmann stated he has difficulty envisioning people walking to the shopping center as opposed to driving. Council Member Jones and Mayor Reed agreed. Council Member Jones stated it is not practical for the majority of people that will use the shopping center to walk to it . He feels this project will bring in a few hundred people that will spur that area to start to use the shopping center and other businesses in the area. He feels the residents will most like be young professionals and grad students and we don't have incentives City of Harrisonburg Page 10 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 for affordable housing and asking for that would be a huge ask to the developer. He stated we need the retail, projects like this help pay for the schools and we should encourage developers to be in the city. Further discussion took place in regard to the location of the building on the site and walkability. At 8:56 p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, May 13, 2019 and Monday, May 20, 2019. Barbara McKee, 1213 Windsor Road, stated she opposes the rezoning for the following reasons: conflicts with the Comprehensive Plan, the building would block the view for many residents, green space is needed, would cause undue inefficiencies for service vehicles, would cause pedestrian safety issues, increase traffic, apartment vacancies in the city are already high, increasingly unaffordable housing, increase on city services, and increased stormwater runoff. Mr. Ed Blackwell, engineer, stated this development represents a lot of money, having commercial is of great concern if it’s not profitable, and depending on pedestrian traffic to make the commercial properties work would be a big gamble and this developer can’t do that. He stated in many cases having a building within 10 feet of a street works, but in this case it doesn’t. He stated the developer feels that competing for commercial parking is deterred by placing parking directly in front of the commercial units. He stated the walkability will actually be improved due to the proposed sidewalk along the private road and residents of the building will be able to walk to the shopping center, etc. He stated it would not be feasible to move the entrance to the adjoining property line due to the terrain. He stated he feels this is great use of the property, and asked council to approve. Mac Nichols, applicant representative, stated this would be a great first step towards the neighborhood feel, the applicant has compromised with the requests of staff, but the parking needs to be in front of commercial spaces. At 9:10 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Jones stated for quick retail and commercial you must have parking . Council Member Baugh stated he is not crazy that the building is not proffered, but when you review the lay of the land he sees the logic of the placement. He stated we have too many units in town that are not affordable, but in a round -about way, some of the housing that currently has students, next year they will be occupying the new buildings, and will open up more affordable housing. He stated we do not have the ability to require green spaces unless we own the land. Mayor Reed agreed with Council Member Baugh regarding the affordable housing, she stated this is a beautiful project and she likes the idea of the retail on the ground City of Harrisonburg Page 11 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 level. Vice Mayor Romero stated he agreed with many things that were said and he wants everyone in the city to have choices and not concentrated in one area due to economic status. Further discussion took place regarding affordable housing and walkability in the area. Council Member Hirschmann stated the project seems to fit perfect there and is conducive to the area. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the rezoning request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 6.e. Consider a request from Skylar & Talli, LLC for a special use permit to allow retail stores, convenience shops, personal service establishments, restaurants (excluding drive-through facilities), and business and professional offices under conditions set forth in subsections 10-3-55.6 (f) and (g) and such other conditions as deemed necessary by City Council on the 5.44 +/- acre property addressed as 1051 Peach Grove Avenue. see agenda item 6.d. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the Special Use Permit request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 6.f. Consider a request from Skylar & Talli, LLC for a special use permit to allow multi-family buildings greater than four stories and/or fifty-two (52) feet in height under conditions set forth in subsection 10-3-55.6 (e) and such conditions as deemed necessary by City Council on the 5.44 +/- acre property addressed as 1051 Peach Grove Avenue. See agenda item 6.d. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the Special Use Permit request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann City of Harrisonburg Page 12 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 No: 0 6.g. Consider a request from Skylar & Talli, LLC for a special use permit to allow multi-family dwelling of more than 12 units per building under conditions set forth in subsection 10-3-55.6 (e) and such other conditions deemed necessary by City Council on the 5.44 +/- acre property addressed as 1051 Peach Grove Avenue. See agenda item 6.d. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the Special Use Permit request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7. Regular Items 7.a. Presentation of the completed Port Republic Road Safety and Operations Study Tom Hartman, director of Public Works, presented an update on the Port Republic Road Safety and Operations Study. He stated the study was completed working with the Harrisonburg Rockingham Metropolitan Planning Organization (HRMPO) to identify a corridor in the city where a small area study could be done. He stated Port Republic Road corridor was chosen for safety and operational improvements. He stated the HRMPO study team selected VHB to analyze safety and operations and it began in October 2018. He reviewed the purpose of the study and noted the ten intersections that were included in the study. He stated the needs of the study were to improve safety, manage intersection queue lengths and capacity, reduce delay, and reduce corridor travel time. He presented a map that reflected five years of history of vehicle accidents along this corridor and the types of accidents that occurred. He reviewed the existing model finding of traffic during peak hours that reflects where the majority of delay and congestion occur. He reviewed each intersection and how staff plans to improve, the costs associated with each improvement and the timeline for each. Council Member Baugh stated he really thinks the flashing beacon signs at the Hillcrest Drive intersection will help the problem as it is a terrible place to make a left turn. Mr. Hartman reviewed the travel time comparisons and expected travel time savings as well as number of stops and delay. This Report was received and filed. 7.b. Consider approval of the 2019 CDBG Annual Action Plan Kristin McCombe, grants compliance officer, provided the history of the Community Development Block Grant (CDBG) program, and noted it is federally funded through City of Harrisonburg Page 13 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 the United Stated Department of Housing and Urban Development (HUD). Since the initial presentation of the 2019 Annual Action Plan to council in March 2019, a 30-day public comment period has elapsed, and no comments were received. She stated Harrisonburg has been allocated $576,573 for the 2019 CDBG year and is greater than anticipated. She stated the total available funds including unexpended funds from previous years totals $577,266.39. She stated due to the increase in allocation, additional funding in the amount of $14,087.05 was added to the Parks and Recreation Accessibility Improvement project and $2485.95 additional funding to the JMU IIHHS Suitcase Clinic. She stated she is looking forward to working with each of the listed city departments and outside organizations this year as together we work towards the goals of improving the lives of our low and moderate-income citizens within the city. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the 2019 CDBG Action Plan as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 8. Special Event Application Requests 8.a. Consider the Special Event Application request for the EMU Homecoming street closure on Saturday, October 12, 2019. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual EMU Homecoming to be held on Saturday, October 12, 2019 from 2:00 pm to 7:00 pm. She stated the event organizer, Eastern Mennonite University, is requesting the closure of Park Road between Mt. Clinton Pike and Parkwood Drive. She stated minimum Harrisonburg Police Department, and Public Works support is needed, and the total cost of the event is estimated to between $240 - $340 and the organizer would be responsible for any applicable payments to off-duty officers. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a unanimous voice vote. 8.b. Consider the Special Event application request for the Girls on the Run 5k on Sunday, November 17, 2019 Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Girls on the Run 5K to be held on Sunday, November 17, 2019 from 2:00 pm to 3:30 pm. She stated the event organizer, Girls on the Run, is requesting the use of the preapproved Linda Lane Course, 600-700 participants and spectators are expected and the support of the Harrisonburg Parks and Recreation Department, Public Works and Harrisonburg Police would be needed. She stated the total cost of the event is estimated to City of Harrisonburg Page 14 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 between $1,320 - $1,420 and the organizer would be responsible for any applicable payments to off-duty officers. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a unanimous voice vote. 8.c. Consider the Special Event application request for the Skeleton Festival on Saturday, October 19, 2019 from 2pm to 6pm. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual Skeleton Festival, to be held on Saturday, October 19, 2019 from 2:00 pm to 5:30 pm. She stated the event organizer, HDR is requesting the closure of Court Square and Main Street, between Rock Street and Martin Luther King, Jr. Way. She stated between 2,000 and 3,000 participants are expected to attend, support is requested from Public Works, Harrisonburg Police Department, Harrisonburg Fire Department and Harrisonburg Department of Public Transportation and the total cost of the event is estimated to be $3,525.00. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a unanimous voice vote. 8.d. Consider the Special Event application request for First Night Harrisonburg on Tuesday, December 31, 2019 Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual First Night Harrisonburg to be held on Tuesday, December 31, 2019 from 6:00 pm to 12:00 am. She stated the event organizer, First Night Harrisonburg, is requesting the closure of Court Square and Main Street, between Martin Luther King, Jr. Way and Elizabeth Street . She stated between 2,500 - 4,000 participants and spectators are expected to attend, support is requested from Public Works, Harrisonburg Police Department, Harrisonburg Public Transportation, and Harrisonburg Fire Department and the total cost of the event is estimated between $6,840.00. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a unanimous voice vote. 8.e. Consider the Special Event application request for the 17th annual Race to Beat Breast Cancer 5k on Saturday, October 19, 2019. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the 17th Annual Race to Beat Breast Cancer, to be held on Saturday, October 19, 2019 from 9:30 am to 10:00 am. She stated the event organizer, Harrisonburg Parks and Recreation Department, is requesting the temporary closure of South Dogwood from West Market to Ohio. She stated between 700-800 participants and spectators are expected to attend and support is requested from Public Works, Harrisonburg Police Department and the Harrisonburg Department of Public Transportation. She stated the total cost of this City of Harrisonburg Page 15 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 event is estimated to be between $835 and $1,050. Vice Mayor Romero asked if the estimated costs given are paid for by the event organizer or is this what it costs the city. Ms. Smith stated those costs are only passed on to a limited number of events such as the Turkey Trot. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a unanimous voice vote. 9. Reallocations 9.a. Consider the reallocation of budgeted funds in the School Capital Projects Fund in the amount of $30,212.87. Ande Banks, deputy city manager, presented a reallocation request of remaining funds from the Bluestone Elementary School and the Elon Rhodes Early Learning Center into the new high school project code specifically for the traffic analysis. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the supplemental appropriation as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 10. Other Matters 10.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Pam Miller, development director at Pleasant View, thanked council for the support of the vehicle purchase to be made with the community contributions funding received . She stated this will allow more people to be served and she is very appreciative. 10.b. City Council and Staff Council Member Jones stated on June 5, 2019 from 10:00 am to 2:00 pm the Harrisonburg Rockingham Chamber of Commerce invites all to participate in an exciting workshop entitled “Diversity in Business: Diversify Your Workforce to Strengthen Your Business”. He stated this will be held at the Lucy F. Simms Continuing Education Center and is sponsored by Dynamic Aviation, the Society for Human Resources Management, and the Shenandoah Chapter of SHRM. He stated it will be filled with speakers, conversations and strategies that will assist you in building up your current staff and applicant pool and educate employers and business leaders on who makes up the protected classes. He stated visit the Chamber of Commerce’s website to register. City of Harrisonburg Page 16 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 10.c. The Governor of Virginia has marked July 5, 2019 as a holiday for state employees. Consider approving July 5, 2019 as a holiday for city employees Council Member Baugh stated the Governor has given state employees July 5th, 2019 off and historically we follow suit this for city employees as well. City manager Campbell stated he understands the request, but it would be the second unbudgeted holiday within this fiscal year. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 10.d. City Council and Staff (continued) Vice Mayor Romero stated on May 17, 2019 the city manager and himself attended the Virginia First Cities (VFC) annual board meeting at the Thomas Jefferson National Accelerator Facility in Newport News. He stated it was a lot of fun, the meeting was highlighted by a round table policy dialogue with Governor Northam for over an hour and a half and was very interactive. He stated in addition the meeting included a review of the approved state budget and what opportunities are on the horizons for Virginia cities, which gave him an opportunity to learn more about the exceptional opportunities Harrisonburg could have as a member. He stated the board received an overview of the major HUD grant received by the city of Newport News, which we hope to be able to have the opportunity to look into as well. He stated the board participated in a strategic policy planning session to develop the VFC priorities for the upcoming year, Harrisonburg was recognized as the newest member, and the city manager was selected as an at-large member for the executive committee. He stated it was a great meeting because we learned about so many opportunities we normally wouldn't have, they left motivated with things we can be doing in the forms of grants. Council Member Hirschmann stated he will be attending several meetings and will report back to council at the next meeting. Mayor Reed stated there are still plenty of spots available to sign up for the Harrisonburg Police Foundation Adventure Race, being held on June 22. The event also will include an Open House, where families can come check out police vehicles and meet the officers; there also are spots remaining in the Fire Department ’s Camp L.I.T., which stands for leadership, integrity and trailblazer. The camp is open to girls ages 13 to 16 and will run July 15 to 19; the 65th anniversary of Harrisonburg Parks and Recreation will be held Saturday, June 1, at 11 a.m. at the Community Activities Center. Come out and join us for fun and games, and to check out the new splash City of Harrisonburg Page 17 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 pad; and reminded everyone that June is Move Over Awareness Month in Virginia . Be sure to move over and slow down when you see emergency vehicles. 11. Boards and Commissions 11.a. Shenandoah Valley Partnership A motion was made by Council Member Baugh, seconded by Council Member Jones, to nominate Peirce Macgill to serve on the Shenandoah Valley Partnership. The motion carried with a unanimous voice vote. 11.b. Stormwater Advisory Committee (SWAC) A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the reappointment of Gregory Sachs to the Stormwater Advisory Committee. The motion carried with a unanimous voice vote. 11.c. Metropolitan Planning Organization A motion was made by Council Member Jones, seconded by Council Member Baugh, to appoint Gerald Gatobu and Cheryl Spain as his alternate to the Metropolitan Planning Organization. The motion carried with a unanimous voice vote. 12. Closed Session 12.a. Virginia Code Section 2.2-3711(A), under: Subsection 3 for a discussion of the disposition of publicly held real estate. At 10:12 p.m., a motion was made by Council Member Baugh, seconded by Council Member Jones, to enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: subsection 3 for a discussion of the disposition of publicly held real estate. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 13. Adjournment At 10:25 p.m., the closed session ended, and the regular session reconvened. City Attorney Brown read the following statement, which was agreed to with a unanimous recorded vote of Council: I hereby certify that to the best of my knowledge (1) only public business matters lawfully exempted from open meeting requirements under Chapter 37 of Title 2.2 of the Code, of Virginia, 1950, as amended, and (2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting by the City Council. At 10:25 p.m., there being no further business and on motion adopted, the meeting was adjourned. City of Harrisonburg Page 18 Printed on 6/20/2019 City Council Meeting Minutes - Final May 28, 2019 ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 19 Printed on 6/20/2019