City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, May 14, 2024 5:00 PM Council Chambers Work Session (5pm) and Regular Meeting (7 pm) 1. Work Session Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Laura Dent, Council Member Christopher B. Jones, Council Member Dany Fleming and Council Member Monica Robinson Also Present: 6- City Manager Ande Banks, Deputy City Manager Amy Snider, City Attorney Chris Brown, City Clerk Pam Ulmer, Police Chief Kelley Warner and Chief Matthew Tobia 2. FY 24/25 Budget Discussions 2.a. Fiscal Year 2024-2025 budget for Work Session discussion Mayor Reed stated she would like to start the conversation on the real estate tax increase. She would like to see the proposed eight cent tax increase be reduced. Council Member Fleming stated the State budget reflects additional funding to the schools that would equal three cents off of the proposed tax increase. He spoke on other localities adding a second high school (only two cities). He questioned Dr. Richards, superintendent, and Tracy Shaver, chief financial officer, of Harrisonburg City Public Schools regarding any additional funding. They reviewed the funding received, the expenditures, and any unused balances (if any). Further discussion took place regarding positions hired under the special funds provided for the pandemic recovery, the demographics of school staff and teachers. Council discussed how to possibly reduce the proposed tax increase. Discussion took place regarding paying off the Middle River Regional Jail debt service which is already reflected in the proposed tax increase. Council Member Jones stated that our budget was not increased due to city services, it was all from the school budget . Discussion took place on how the tax increase will affect all of the residents, Mayor Reed stated she would like to see the increase to below $1.00 which would equal four cents or less increase. Council discussed the additional fees and supplies the residents are expected to pay for and the burden it causes on many. Dr. Richards explained the reasoning behind asking for school supplies and stated the school budget for supplies is $ 5M and for FY24 expenditures have been $5.2M. Further discussion took place on this topic, including the possibility of reaching out to school supply companies for discounts etc. City of Harrisonburg Page 1 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 Council Member Jones asked if there could be funding provided for Small Women and Minority Owned (SWAM) businesses for $100,000-$150,000 and spoke on the reasons why this is needed. Ande Banks, city manager, stated the Smal Business Loan Fund has over $230,000 available that could be appropriated to this type of program. He stated we need a better marketing strategy to let people know these funds are available for small businesses in the city. Council Member Jones stated he was more interested in grant funds for SWAM, not loan programs. Further discussion took place regarding this. Chris Brown, city attorney, stated from a legal standpoint, SWAM has to do with procurement and qualifying of those businesses so that when they go to bid on government contracts either with the city or any other Virginia government in the state they go through a certification process and get extra points and extra considerations, it is not giving money in any way shape or form directly to those types of businesses. He stated we can continue the Economic Development efforts providing educational opportunities and mentorships to those business owners. He stated the law states that the government can’t have a program to businesses or individuals where is based on race or gender. Council Member Jones clarified that he would is thinking more of a micro grant program open to all but marketed towards SWAM businesses. Amy Snider, deputy city manager, stated more research will be needed to be done by staff if grants for this program are requested. Council Member Fleming brought up information on a grant program that may be available called the Cities for Financial Empowerment Fund, which we already qualify for, but would entail a locality match. Mayor Reed stated we should create more opportunities and programs that are available for residents. Council discussed the impact of real estate taxes depending on the increase amount . Larry Propst, director of Finance, stated the budget includes an increase in the tax credit for the elderly. Council’s wishes are to decrease the tax increase to five cents, staff to research $100,000 funding for an entrepreneur grant program as a separate budget line item, more information and possible presentation on the Cities for Financial Empowerment Fund at a later date. 3. Recess At 6:47 p.m., Mayor Reed called the meeting into recess. At 7:01 p.m., Mayor Reed called the meeting back into session. 1. Regular Session Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Laura Dent, Council Member Christopher B. Jones, Council Member Dany Fleming and Council Member Monica Robinson City of Harrisonburg Page 2 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 Also Present: 4- Deputy City Manager Amy Snider, City Attorney Chris Brown, City Clerk Pam Ulmer and Chief Matthew Tobia 2. Invocation Council Member Robinson offered the invocation 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Special Recognition 4.a. Proclamation recognizing May 2024 as Building Safety Month Council Member Fleming presented the proclamation to Adam Fletcher, director, Michael Williams, building official, and Melinda Meadows, permit technician, Community Development Department, recognizing May 2024 as Building Safety Month. This Proclamation was read into the record. 4.b. Proclamation recognizing the Week of May 12 - May 18, 2024 as National Police Week Mayor Reed presented the proclamation recognizing the week of May 12 through May 18, 2024, as National Police Week to Lt. Monahan and Lt. Wetherall. This Proclamation was read into the record. 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 Robinson, seconded by Council Member Fleming, that this be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 5.a. Minutes from the April 23, 2024 City Council Meeting These minutes were approved on the Consent Agenda 5.b. Consider the special event application request for Harrisonburg Downtown Renaissance’s Best.Weekend.Ever on Saturday, June 15, 2024. The special event application was approved on the Consent Agenda 5.c. Consider the special event application request for Harrisonburg Downtown City of Harrisonburg Page 3 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 Renaissance’s Levitt AMP Harrisonburg Music Series on Wednesday evenings from June 26-September 11, 2024. The special event application was approved on the Consent Agenda 5.d. Consider the special event application request for the Block Party in the Burg on Saturday, August 24, 2024. The special event application was approved on the Consent Agenda 6. Public Hearings 6.c. Consider a request from Sahara III LC for a special use permit to allow multiple -family dwellings and/or mixed use buildings at 1846 Evelyn Byrd Avenue Adam Fletcher, director of Community Development, presented a request for an amendment to a previously approved special use permit for property located on 1846 Evelyn Byrd Avenue. He reviewed the site, the area, the amendments from the original request, and the applicant’s self-imposed conditions. Council Member Fleming asked about the bus stop being ADA Compliant. He stated staff and Planning Commission (5-0) recommended approval with the self-imposed conditions submitted by the applicant. At 7:23 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 Wednesday May 1, 2024, and Wednesday, May 8, 2024. Nathan Blackwell, Land and Home, representative for applicant, stated he was available if Council had any questions. At 7:25 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Jones, seconded by Council Member Fleming, 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 Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.d. Consider a request from Elba A. Herrer De Dildy and Jose Martir Guiterrez Hernandez to rezone 35 Monroe Street Adam Fletcher, director of Community Development, presented a rezoning request from R-2 to R-8 for property located at 35 Monroe Street. He reviewed the purpose of the request, long term plans for the area, and the property. City of Harrisonburg Page 4 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 He stated staff and Planning Commission (5-0) recommended approval of the request. At 7:29 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 Wednesday May 1, 2024, and Wednesday, May 8, 2024. There being no one desiring to be heard, Mayor Reed closed the public hearing at 7:30 p.m., and the regular session reconvened. A motion was made by Council Member Fleming, seconded by Vice Mayor Dent, to approve the rezoning request as presented. The motion carried with a recorded roll call vote taken as follows: 6.e. Consider a request from Hurstwenger Properties LLC to rezone portions of 1011, 1019, 1021, and 1023 West Market Street Adam Fletcher, director of Community Development stated agenda items 6e through 6h will be presented together. He presented a rezoning request and three special use permits for property located at 1011, 1019, 1021, 1023, and 1031 W Market Street. He reviewed the area, the property, the self-imposed conditions, the proffers offered and the recommended conditions by staff and Planning Commission. He stated staff and Planning Commission (5-0) to approve the rezoning request with recommended conditions as presented. At 7:40 p.m., Mayor Reed closed the regular session and called the third, fourth, fifth and sixth public hearing to order. A notice appeared in the Daily News -Record on Wednesday May 1, 2024, and Wednesday, May 8, 2024. There being no one desiring to be heard, Mayor Reed closed the public hearing at 7:41 p.m., and the regular session reconvened. A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to approve the rezoning request as presented. The motion carried with a recorded roll call vote taken as follows: 6.f. Consider a request from Hurstwenger Properties LLC for a special use permit to allow warehousing and other storage facilities at 1011, 1019, 1021, 1023, and 1031 West Market Street Presented with Agenda item 6.e. A motion was made by Vice Mayor Dent, seconded by Council Member Jones, to approve the special use permit with conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 City of Harrisonburg Page 5 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 6.g. Consider a request from Hurstwenger Properties LLC for a special use permit to allow building material sales and storage yards, contractors equipment sales and storage yards and other similar uses at 1011, 1019, 1021, 1023, and 1031 West Market Street Presented with Agenda item 6.e. A motion was made by Council Member Robinson, seconded by Vice Mayor Dent to approve the special use permit with conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.h. Consider a request from Hurstwenger Properties LLC for a special use permit to allow multiple-family dwellings and/or mixed use buildings at 1011, 1019, 1021, 1023, and 1031 West Market Street Presented with Agenda item 6.e. A motion was made by Council Member Fleming, seconded by Council Member Jones, to approve the special use permit with conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.i. Consider a request from B & A Group LLC to rezone a 290, 294, and 298 Lucy Drive Adam Fletcher, director of Community Development, stated agenda items 6i and 6j will be presented together. He presented a rezoning and special use permit for property located at 290, 294 & 298 Lucy Drive. He reviewed the area, the property, and the proffers offered. Staff and Planning Commission (5-0) recommend approval with the recommendation of extending to 48 months for the special use permit. Council Member Jones stated he was hesitant about the 48 months extension and had concerns regarding the lack of sufficient tree buffers. Council Member Robinson asked about the concrete slab and underground storage facility. Mr. Fletcher stated the concrete slab is for a stormwater detention area that is collecting stormwater from the area. He stated the site in particular will have to accommodate how they handle stormwater. Since the applicant has not yet consulted with an engineer the extension to 48 months will allow them to figure all that out. Council discussed the 48 month extension as they need housing developments to keep moving. Further discussion with Mr. Fletcher took place regarding the extension, City of Harrisonburg Page 6 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 the conceptual layout, the by right versus special use permit developments, and the current list of pending developments. At 8:10 p.m., Mayor Reed closed the regular session and called the seventh and eighth public hearing to order. A notice appeared in the Daily News -Record on Wednesday May 1, 2024, and Wednesday, May 8, 2024. Dawn Miller - 319 Emerald Drive, stated she is concerned about the current trees in the back of this proposed site, it shades the area, provides play space for children, and offers habitat for wildlife. She stated she would like to see the trees remain and is concerned about any change to the stormwater detention area. At 8:13 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Jones, seconded by Council Member Fleming, to approve the rezoning request as presented. The motion carried with a recorded roll call vote taken as follows: 6.j. Consider a request from B & A Group LLC for a special use permit to allow attached townhomes of not more than eight (8) units at 290, 294, and 298 Lucy Drive Presented with Agenda item # 6.i. Chris Brown, city attorney, suggested since there are some amendments to this request by Council, and specifics in reference the desire of a tree buffer by council, he suggested Council table this item until the next meeting since the rezoning requires two readings. A motion was made by Vice Mayor Dent, seconded by Council Member Jones, to table this item to the May 28, 2024, City Council meeting. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7. Regular Items 6.a. Amendments to the 2020 and 2022 CDBG Action Plans Kristin McCombe, Community Development Block Grant (CDBG) Program Manager, stated the 30 day public comment period has ended on the Amendment the 2020 and 2022 CDBG Action Plans and reviewed the summary of the amendments which moved excess funds for the vine Street sidewalk project to the 2022 North Liberty Gateway Art Project. She provided an update on the status of the art project. City of Harrisonburg Page 7 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 A motion was made by Council Member Robinson, seconded by Council Member Fleming, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.b. Consider Approval of 2024 CDBG Annual Action Plan Kristin McCombe, Community Development Block Grant (CDBG) Program Manager, reviewed what the CDBG Program is and noted the 30 day public comment period has ended on the CDBG 2024 Annual Action Plan. She reviewed the recommended projects in each category. Council thanked Ms. McCombe for the professional and transparent way this program is operated, it is appreciated. A motion was made by Council Member Robinson, seconded by Council Member Fleming, to approve the donation as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7.a. Safe Streets and Roads For All (SS4A) Grant Resolution Tom Hartman, director of Public Works, presented a resolution request in support of the Safe Street and Roads For All Grant. He stated this will be the city’s first transportation safety action plan and reviewed the anticipated projects with the grant funding, the amount of the grant and the timeframe for completion. Council Member Fleming stated he appreciates staff finding grants like this and the comprehensive look into our transportation needs, it’s very valuable. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to adopt the resolution as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7.b. Presentation on the Harrisonburg Department of Public Transportation Rebranding Gerald Gatobu, director of Harrisonburg Department of Public Transportation, presented the new branding for city buses called HB Connect. He reviewed the City of Harrisonburg Page 8 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 overview of the rebranding, scope of the work, the logos chosen, and the new bus design. Council Member Fleming stated the goal to encourage more of our residents to make use of the system is a very valuable first step. Mr. Gatobu stated marketing material will be sent out and the buses should be out and about in September or October 2024. Vice Mayor Dent asked how the timing of the unveiling of the new design coincides with the new transit plan. Mr. Gatobu stated a draft of the Strategic Transit Plan will be put out for public comment next week and this is part of that. Council discussed what a major change this will make in our transportation, how good the branding is, branding of bus shelters, solar benches and new signage. A motion was made by Council Member Jones, seconded by Council Member Fleming, to approve the rebranding as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7.c. Consider adopting the Fiscal Year 2024-2025 budget and approving the Appropriation Ordinance Amy Snider, deputy city manager, asked Council to adopt the FY 24/25 Budget and approve the appropriation ordinance. A motion was made by Council Member Robinson, seconded by Vice Mayor Dent, to approve the FY 24/25 Budget and Appropriation Ordinance as presented. The motion carried with a recorded vote as follows: 7.d. Consider nominations for the 2024 VML Policy Committees Council Member Robinson received information from Council Members and staff as to what VML Policy Committee Appointments they were interested in as follows: Community and Economic Development - Council Member Jones Finance - Council Member Fleming General Law - Chris Brown, city attorney Human Development and Education - Council Member Robinson Infrastructure - Vice Mayor Dent 8. Other Matters 8.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) James “Bucky” Berry, Washington Street, spoke on the Brent Berry Food Drive and how it has helped 9,396 families, and on the recent flooding and the inability of the City of Harrisonburg Page 9 Printed on 6/6/2024 City Council Meeting Minutes - Final May 14, 2024 Harrisonburg Police Department to keep up with all the calls. 8.b. City Council and Staff Council Member Fleming spoke on the release of the Levitt Series Concert Lineup, he attended the Harrisonburg Rockingham Chamber of Commerce Award event, JMU’s Regional Economic Series, SWAC’s open house, the Virginia’s First Cities 25th anniversary event in Richmond, and the Rotary Ethics Award ceremony. Council Member Robinson spoke on the Solarize Virginia Program, the ribbon cutting for Rocktown High School, and conversations with the Community Criminal Justice Board regarding the criminal justice planner position. Vice Mayor Dent spoke on the Harrisonburg Rockingham Chamber of Commerce Award event, the ribbon cutting for Rocktown High School, and the absence of two Council Members at the June 11, 2024, City Council meeting. Council Member Jones spoke on economic development in the city, the many projects in the city and all the people, including staff, that are being positively affected by these projects, and how wonderful our city truly is. Mayor Reed spoke on the Harrisonburg Rockingham Chamber of Commerce Award event which EMU received an award at, the Police Week Flag Ceremony, and the annual conference for Virginia Transit Association being held in Harrisonburg on May 22-23, 2024. Amy Snider, deputy city manager, spoke on the public meetings for the proposed Spray Grounds at Ralph Sampson Park and how the children were so excited to be a part of the planning. Council spoke on this project and what a great addition it will be to the neighborhood and the city overall. 9. Adjournment At 9:43 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 10 Printed on 6/6/2024