REGULAR MEETING March 26, 2013 At a regular meeting held this evening at 7:00 p.m., there were present: Mayor Ted Byrd; Vice-Mayor Charles Chenault; Council Members Richard A. Baugh, Kai Degner and Abe Shearer. Also present: City Manager Kurt D. Hodgen; Assistant City Manager Anne C. Lewis; City Attorney Earl Q. Thumma, Jr.; City Clerk Erica S. Kann; Chief of Police Stephen Monticelli. Absent: None. Vice-Mayor Chenault gave the invocation and Mayor Byrd led everyone in the Pledge of Allegiance. Spencer Morgenthau, ABM (previously LINC), provided Council with an update about the buildings that recently were reviewed regarding the energy efficient project in 2009 by LINC; reported that utility costs and energy consumption for the buildings that didn t get renovated had shown a slight increase. Mr. Morgenthau stated the company felt the study that was previously submitted would still be valuable and asked Council if they would be interested in moving forward. Mr. Morgenthau stated ABM had been recently hired by Harrisonburg Schools to review their buildings. Fred Gibson, 238 East Water Street, stated he was in favor of renaming a street after Dr. Martin Luther King. Mr. Gibson stated that he and Martin had gone to seminary school in Pennsylvania together. Mr. Gibson stated that he would love to see all who live in Harrisonburg be reminded of the courageous, peaceful revolutionist who walked his talk and gave his life for freedom. James Bucky Berry, 30 W. Washington Street, stated he felt tickets should be written to those who don t shovel sidewalks after snowfall as stated in the ordinance. If the ordinance isn t going to be enforced, he suggested removing it from the City Code. Council Member Degner offered a motion to approve the following on the consent agenda: a. Approval of minutes of the previous meeting, and dispensing with reading of minutes. b. Consider a request to amend the Zoning Ordinance Section 10-3-85 Uses Permitted Only by Special Use Permit of the B-1, Central Business District and Section 10-3-91 Uses Permitted Only By Special Use Permit of the B-2, General Business District. c. Consider a request from 217 South Liberty Street LLC and D&B Investors LLC to rezone two parcels totaling 2.1 +/- acres from B-1C, Central Business District Conditional and M-1, General Industrial District to B-1, Central Business District. The parcels are located at 217 South Liberty Street and 115 West Bruce Street. d. Consider a request from Bruce Street LLC to rezone one, 12,865 +/- square foot parcel from M-1, General Industrial District to B-1, Central
Business District. The property is located at 126 and 128 West Bruce Street. e. Consider a request to amend the Zoning Ordinance Sections 10-3-24 and 10-3-84 and to add a new Article titled Article BB Business Gardens. Along with the Zoning Ordinance amendments, consider amending Section 16-6-58 (a)1 of the City Code to clarify that business gardens are subject to the tall grass and weeds ordinance. f. Consideration of revisions to City Code Sec. 16-6-58. - Weeds, etc., on lots. in relation to city owned alleys. g. Consider enacting Section 16-10-9 of the Harrisonburg City Code. The motion was seconded by Vice-Mayor Chenault and approved with a recorded roll call vote taken as follows: Yes Council Member Baugh, Mayor Byrd, Council Member Degner, Vice- Mayor Chenault and Council Member Shearer No None Dr. Downey, Blue Ridge Community College (BRCC), stated he was entering his fourth year as president at the college and thanked Council for their continued support. Dr. Downey presented Council with a packet containing statistics of students that attend the college. Dr. Downey reviewed the following: 22% of the 260 Harrisonburg graduates that went to college in the previous year chose BRCC; 34% of City residents that decided to go to Harrisonburg chose BRCC; college readiness program with Harrisonburg City Schools, which can save up to $2,000 for some students; Blue Ridge Scholars program that students can start during their junior year; economic development; Workforce Center; receiving $195,000 grant to use towards manufacturing careers; two additional buildings, if Governor signs bill; parking solutions; and police. Council thanked Dr. Downey for the hard work that he does both at BRCC and in the community. Drew Williams, Assistant Public Works Director, stated the Downtown Streetscape Plan s overall goal is to present an easily communicable, comprehensive vision for public spaces in downtown Harrisonburg that can be utilized by public and private agencies to build a vibrant downtown. Mr. Williams reviewed the following about the plan: objectives; elements of the plan; what the plan does not include; public involvement; implementation; study area and streetscape features; and major infrastructure projects. Mr. Williams stated a public input meeting is planned for May, a public hearing for final adoption at an August Planning Commission meeting, and a request for adoption by Council in September. Mr. Williams stated the full document could be reviewed at http://www.harrisonburgva.gov/downtown-streetscape-plan. Council stated the project looked great, but they questioned about warrants of roads lanes that are mentioned in the plan, separate turn lane making traffic flow faster, justify lanes due to traffic volume, costs that would be involved, and a project match-up with timeline for funding requests.
Stacy Turner, Director of Community Development, presented a request from Riner Rentals for an interpretation of a sign ordinance regulation that is provided 11-7-3 (8) of the Harrisonburg City Code. Mrs. Turner stated the situation behind the request involves signage at 91-97 ½ Franklin Street, Franklin Apartments, the location of an eight unit apartment building managed by Riner Rentals. Mrs. Turner stated the apartment building is on property zoned B-2, General Business District, and is a nonconforming use as apartments are not a permitted use in this zoning classification and as it does not comply with setback and parking requirements. Mrs. Turner stated Riner Rentals recently came into Community Development, discussed signage they were considering installing at the property, had four signs constructed, and installed at the site. A few days later, Riner Rentals came in to apply for the sign permits for these signs and were informed by a Zoning/Planning Technician that there would be a problem obtaining approval for one of the signs requested. Mrs. Turner reviewed the sign permit application, referenced Section 11-7-6-1 (1), and stated one of the signs that advertised Riner Rentals, not Franklin Apartments, listed was considered to be an off premises sign as they do not have an office at the site. Mrs. Turner stated staff continues to interpret section 11-7-6.1(7) applies to commercial multiple tenant projects managed by a single entity as a unified commercial project. Staff is opposed to an interpretation that would permit a nonconforming residential property, or any commercial property to maintain permanent signage with a prominent display of information for the owner, management company, or any non-related off premises business. Paul Riner, Owner, Riner Rentals, stated at the first meeting he spent over an hour with staff, brought up two properties, and spoke about his intentions for the signs. Mr. Riner stated that the sign was placed neatly on the brick and stated if his intentions were to advertise for Riner Rentals, he wouldn t have picked Franklin Street to do so. Mr. Riner first addressed his interpretation of Section 11-7-6.1(7); lengthy conversation with staff about his intent; and, not advertising, but rather providing contact information for the building and apartments to which the sign would be attached. Mr. Riner thanked Council for their time and asked them to consider changing the zoning office s interpretation of the ordinance. After discussion and learning the applicant did not have the proposed example of signage to show to staff during consultation and that they did not apply for the permit prior to purchasing and installing the signs, Council Member Baugh offered a motion to affirm staff s interpretation of the sign ordinance. The motion was seconded by Council Member Degner and approved with a recorded roll call vote taken as follows: Yes Council Member Baugh, Mayor Byrd, Council Member Degner, Vice- Mayor Chenault and Council Member Shearer No None Eddie Bumbaugh, Director of Harrisonburg Downtown Renaissance, presented first time special event application requests and an annual special event application
requests with changes. The first request from Harrisonburg Baptist Church, On a Mission, requested permission to close the east lanes of Linda Lane on June 8, 2013 from 8:00 a.m. to approximately 10:30 a.m. for a 5k run/walk fundraiser to benefit Mercy House, Bridges of Hope, and Spotswood Elementary School. The second request is from HDR Film Series to change locations for the film series to the Turner Pavilion, closing the street and grassy lot located adjacent on May 3, September 6, October 4, 2013, from 7:00 p.m. until 11:00 p.m. Council Member Baugh offered a motion to approve both requests as presented. The motion was seconded by Council Member Degner an approved with a unanimous voice vote. Mr. Bumbaugh presented annual special event applications requests from the following: EMU Commencement request to close Park Road from Mt. Clinton Pike to Parkwood Drive during their annual Commencement Exercises on April 28, 2013 from 12:45 p.m. until 3:00 p.m. Fundfest request to close the street adjacent to the Turner Pavilion and use the grassy lot on May 22, June 5, June 19, July 10, July 17, July 31, August 7, and August 21, 2013, from approximately 5:30 p.m. until approximately 8:00 p.m. Soap Box Derby request to close Washington Street from Route 11 East to just above Northfield Court on June 15, 2013 (rain date June 16, 2013) from 8:00 a.m. until the conclusion of the race. Matt Finley, Harrisonburg Rotary, reviewed the events of the 6 th Annual Soapbox Derby and invited Mayor Byrd to come out and race. Mr. Finley stated they are planning on 40 racers and they have also teamed up with the Boys and Girls Club, car show, and the Science Technology Engineering and Math (STEM) program. Mr. Finley stated the winners of each division will be eligible to go to Akron, Ohio to participate in the National race in July. Council Member Degner offered a motion to approve all the requests as presented. The motion was seconded by Vice-Mayor Chenault and approved with a unanimous voice vote. Council Members stated they were interested in seeing the statistics of ABM s recent study and a tour of the equipment. Mayor Byrd presented Earl Q. Thumma with the following resolution: A RESOLUTION HONORING EARL Q. THUMMA FOR SERVICE AS CITY ATTORNEY FOR THE CITY OF HARRISONBURG
WHEREAS, Earl Q. Thumma, has served the City of Harrisonburg with distinction as City Attorney; and WHEREAS, Mr. Thumma served the City from August 1986 to June 2000 and then returned to become the City s first full-time attorney in July 2005; and WHEREAS, throughout his tenure, Mr. Thumma has been a trusted advisor and resource to City Council, the City Manager and the entire city organization; and WHEREAS, throughout Mr. Thumma s service as city attorney, he has consistently and professionally represented and defended City Council and City Administration s legal interests. WHEREAS, Mr. Thumma has effectively managed and successfully guided the City of Harrisonburg through various disputes and litigation during his tenure due to his ability to negotiate and mediate and his creative approach to resolving disputes; and WHEREAS, Mr. Thumma has been a valued colleague and friend to both Council and staff; and WHEREAS, Mr. Thumma will be retiring from the City of Harrisonburg on March 31, 2013 and will be truly missed. NOW, THEREFORE, BE IT RESOLVED THAT the members of the Harrisonburg City Council take great pride in recognizing and honoring the achievements and service of Earl Q. Thumma, and wish him a long and happy retirement. Adopted this 26 th day of March, 2013. BY: Ted Byrd, Mayor ATTEST: Erica Kann, City Clerk Council Member Baugh offered a motion to approve the resolution as presented. The motion was seconded by Vice-Mayor Chenault and approved with a recorded roll call vote taken as follows: Yes Council Member Baugh, Mayor Byrd, Council Member Degner, Vice- Mayor Chenault and Council Member Shearer No None
Council Members shared memories and wished City Attorney Thumma a well deserved retirement. Council Member Degner offered a motion to appoint David Conneley Nahm, 278 Newman Avenue, to a first term on the Board of Zoning Appeals to expire March 20, 2018. The motion was seconded by Vice-Mayor Chenault and approved with a unanimous voice vote. At 8:34 p.m., there being no further business and on motion adopted, the meeting was adjourned. CITY CLERK MAYOR