/ 55 Shenandoah Valley Chora 1 Society's fifteenth anniversary, for Counc i 1 's consideration of approva 1. It was-noted that the Resolution would be used in newspaper publicity the week prior to the concert. On motion of Council t-1ember Robinson, seconded by Council Member Rhodes, and a unanimous vote of Council, the Resolution was approved.

veity Attorney Lapsley presented, for Council's considera-tion of approval, an ordinance repealing Sections 16-6-ll through 16-6-17 of the Harrisonburg City Code. He reminded Council that the State Law had been adopted, as set out under Section 13-l-3 of the City Code, which will be "much easier for the Police Department to keep up with." Sections to be repealed relate_ to drunk driving, breath tests; violations; convictions, etc. On motion of Vice-f,1ayor Dingledine, seconded by Council Member Robinson, and a unanimous recorded vote of Council, the ordinance was approved for a. first reading.

/city t1anager t1il am called attention to correspondence of November __ 27th from the Grottoes Ruri tan Club, expressing concern over problems that face Grand Caverns and Natural Chimneys, and setting out various alternative procedures in that "the current organizational structure has failed to meet the needs of the parks and the public they serve." Manager t1il am informed Council that he had received notice of a meeting of the four participants of the Upper Valley Regional Park Authority (Harrisonburg, Staunton, Rockingham and Augusta Counties), which is scheduled for tomorrow evening, December 18th, 4 p.~. at the Rockingha~ County Court House, 2nd floor. Following a brief discussion, it was agreed that the meeting should' be of an informal nature, to receive information only, with no prior action re the proposed Resolution to reduce membership in the Authority.

At 10:00 p.m., on motion of Council t-1ember Rhodes, seconded by Vice-Nayor Dingledine, and a unanimous vote, Council entered an executive session to discuss a legal matter.

At 10:38 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further- business, the meeting was adjourned.

~$~ CLERK y(~~-?§··~ MAYO /

Tuesday, January 14, 1986 At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were

present: t1ayor \1alter F. Green, 3rd; City nanager t1arvin B. Hilam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Nayor Raymond C. Dingledine, Jr.; Council 11embers Elon H. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard \1. Presgrave. Absent: none.

Following roll call, Mayor Green asked for a moment of silence in memory of Lyle \~. Sweet, who had spent countless hours in serving on a number of the City's Boards and Commissions.

Minutes of the regular meeting of December 17th were approved as corrected.

The following regular monthly reports were presented and ordered fi 1 ed: From the City Manager:

A Progress Report of activities in the various departments and said office for the month of December, 1985. From the City Treasurer:

A Tria 1 Ba 1 ance report as of c 1 ose of business on December 31, 1985. From the Police Department:

A report of Fines & Costs in amount of $ 2,264.07; Cash Collected from Street Parking t1eters in amount of$ 6, 140.09; Total cash collected $ 8,404.16 for month of December, 1985. From the City Auditor:

A Financial Report for the City of Harrisonburg, month of December, 1985. A report of cash discounts saved in payment of vendor's invoices for month

of December, 1985, in total amount of $ 132.21. From the Department of Utility Billing:

A report of water, sewer & refuse accounts; meters read; installations; cut delinquents; complaints; re-reads, etc. for month of December, 1985.

v"For information, correspondence was presented from Attorney George H. Roberts, Jr., enclosing a certified copy of Form 8038 to be filed pursuant to Sec. 15.1-1377 of the Virginia Code, for issuance of$ 481,612.02 Industrial Development Refunding Note, by the Harrisonburg Industrial Development Authority, to Electrical Hholesalers, Inc. Project.

* ~orrespondence was presented from Dr. Joseph E. Gardner, requesting rezoning of Lot 5 on Old Furnace Road at the existing city limits, which he owns, to R-3 Residential District for uniformity. It was noted that although he has owned the lot for several years, he was not aware until recently that there are three separate zonings in the lot, with a small area left in the county at the time of annexation and the remainder divided between R-2 and R-3 City. Feasibility of a multiple d\'!elling residential project in the near future, will be explored. On motion of Council r~ember Rhodes, seconded by Council Member Robinson, and a unanimous vote of Council, the request was referred to the City Planning Commission. City J1anager t1ilam noted that the requestor is required to submit a filing fee for processing his rezoning request.

~ City t1anager t1il am noted that the pub 1 i c hearing concerning the cab 1 e franchise renewa 1, had

-~

been continued fro~ }(6vember ~6th, until this time, in order to receive additional input through oral or written comments and statements. He called attention to correspondence received since the last meeting of Council, namely: letter from the Harrisonburg Electric Commission which included a request for Council's consideration of the following two proposals in negotiating for renewal of the franchise: (1) free access to one TV Channel, without charge, for the duration of the renewed franchise period; (2) that Harner-Amex Cable be required to submit specifications and construction standards for pole

attachments prior to installation: letter from t1argaret & Gregory Geisert, Rt-5, Box ll6,Harrisonburg.

\ -

56 The Clerk was ask'ed to note these names and addresses in the record of this meeting. Attention was called to the report of results of a telephone survey conducted in the Harrisonburg area December ll- 17, 1985, by a Cincinnati based t1arketing Research Firm "THE ANS\vER GROUP". Hs. Marie Nieder­helman, who supervised the survey, was present to present highlights from the report, setting out comparison with the initial survey which was conducted in June, insofar as replied to questions con­cerning the Harrisonburg cable system. She apologized for the lateness of the report, and said that the June sirvey was conducted, prior to her affiliation with the Group. Hethodology for the current survey was centrally located in Ohio, with numbers for the telephoen ;survey, chosen from random. The interviewers were briefed, to make sure they understood the questions and to learn how the questions should be asked. The interviews were monitored and checked afterward. Trained supervisors spot-checked, calling some back and asking some of the questions over, to be sure they had been correctly recorded. Two hundred current subscribers and fifty former subscribers were interviewed, with a slightly different set of questions. In presenting highlights of the survey, Hs. Niederhelman noted that 2/3 of Harrisonburg's current subscribers are generally satisfied with services they have received from Warner Amex Cable Communications, while the June survey reflected that 3/4 of the 200 interviewed, were "very, or somewhat satisfied" with their services; many subscribers a_re interested in additional cable services (i.e. sports & movies - interested in obtaining a music-video channel such as M-TV and/or accredited college courses); received a high rating with regard to the company's responsiveness to complaints relating to service or bi.ll ing problems, etc. Of the 50 former subscribers interviewed, the report notes that most had discontinued services in that they had moved out of the service area; felt service too expensive; were watching less commercial tv; had purchased VCR or satellite dish, etc. These former subscribers stated general satisfaction with program variety, as well as picture quality and reception. t1r. Howard Friedman, a representatige of the City's Cable Consulting Firm of Cooper-Rutter Associates, noted that the December survey was prepared by his firm and paid for by Warner Amex, under an agreement between the firm and cable company. The idea of a second survey was initiated as a part of the consulting firm's evaluation of the present cable system in the Harrison­burg area. The survey was conducted, in that an almost identical survey in June, by the same Ohio firm, showed generally favorable outcome, which could have been questioned. The second report, how­ever, confirms findings of the former survey. Vice-t1ayor Dingeldine asked H any geographic pattern was followed in the survey by telephone and Ms. Niederhelman said the names were run on a computer and called at random under the 433, 434 and 568 exchanges, within the Harrisonburg area. Mr. Friedman explained that the evaluation is in part I of the procedure and needs in the cable services will be ascertained in the next phase, along with proposals by the city for updating the present system, changes and additions in programming, etc. A draft will be circulated to Council and conclude with a final draft which would be submitted to Harner Amex, with 60 days to reply. The proposed resolution providing for Harner Amex to reacquire 50% ownership interest which had been sold to American Express Company in 1979, was then presented for Council's consideration of approval. Attorney Bruce Wallinger, speaking for \varner Amex, noted that some questions had been raised when the resolution was presented on December 17th, and pointed out that the company is in total agreement with the City Manager's statement that the resolution is not a part of the franchise renewal request. He said he had spoken to Attorneys Lapsley and Harrison, and the resolution is not for sale of property or facility, but it is desired that a change in control of the company be approved under Section 23 of the Franchise, although not a requirement for Council's approval. The entire ownership will go back to Harner Communications, under the name of Harner Cable Communications, with no change in financial backings. It was noted further that Section I of the franchise could be interpreted as a requirement for Council's approval. According to Attorney Wall inger, financial reports requested by Council, had been submitted. City Attorney Lapsley said that Section 22 provides that a transaction of at least 30% requires Council's approval, but Section 21 is less clear. Attorney Harrison offered an opinion that Sec. 21 does need Council's approval. City Manager Milam questioned two statements in the proposed resolution, namely "or one of its subsidiaries" and "consented to in all respects." Reply was that the statements referred only to the change in name insofar as "subsidiaries" was concerned. When Council !~ember Robinson asked about services not being made available in various requested areas, it was pointed out that the franchise does not require extended services to each and every area that comes into the city, and that in some instances there may be long vacant land which would require wires to be run on telephone poles, with large costs involved. Attorney Hallin!)er said various areas in question would be re-surveyed. t1anager t-1ilam then read Section 5 of the Franchise Agreement which applies to the provision of cable service. Council Member Robinson said that service is run in the county, when some areas in the city require only about two miles of cable. Attorney Harrison pointed out that a "transfer of the franchise shall not, in any, limit the right of the city to review and consider the past performance of Harner Amex in connection with the renewal proceedings, and to otherwise exercise all rights available to the city under the Cable Act, as if no transfer of the franchise had occured." He noted that the first phase of the evaluation will not be formally closed at this time, in that Warner Amex has no objection to this being kept open, with further discussion. Council Member Rhodes offered a motion for the resolution for \Varner Amex to reacquire 50% ownership, be approved, with deletion of statements referring to "subsidiaries" and "consented to in all respects", and with inclusion of Attorney Harrison's statements. The motion was seconded by Vice-Mayor Dingledine and adopted by a unanimous vote of Council, with Resolution in the following final form:

WHEREAS, Warner Communications, Inc. sold a 50% ownership interest in its cable television business (the "Warner Amex Joint Venture") to American Express Company in 19?9; and

WHEREAS, in accordance with the original joint venture agreements with American Express, Warner Communications, Inc. has exercised its right to reacquire such ownership interest; and

WHEREAS, War-ner Communications, Inc., Warner-Amex and Warner Cable Communica­tions, Inc. have agreed that the transfer of the Harrisonburg franchise to War-ner Cable Communications, Inc. shall in no way affect the franchise renewal proceedings now in progress pursuant to the Cable Act of 1984, and, more specifically, that transfer of the franchise shall not, in any way, limit the right of the city to review and consider the past performance of Warner-Amex in connection with the renewal proceedings and ta otherwise exercise all rights available ta the city under the Cable Act, as if no transfer af the franchise had accured.

NOW, THEREFORE, BE IT RESOLVED that the transfer of the Harrisonburg franchise from the War-ner Amex Joint Venture to Warner Communications, Inc. or War-ner Cable Communications, Inc. doing business as Warner Cable Communications, is hereby approved by the Harrisonburg City Council, City of Harrisonburg, Virginia.

ADOPTED and APPROVED this 14th day of January , 1986. Mayor -------

Atteste: _____ .Clerk

--------- -----

,

/ 57 ;/Mr. Hilliam Gloseclose of Dominion Bank, and Chairman of the Chamber of Commerce Convention/

Tourism Bureau Committee, was present in the meeting to present each member of Council with a packet of information concerning proposed establishment of a Convention/Tourism Bureau in the City of Harrisonburg. He requested that '~ouncil appo,int_il representative to serve on the commi;ttee, a]ong with additional l'lembers_ \lppointed hy the ChambeP, to:;aevelop a.~rlan to determine how. v!e can attract touri.sm and events into .the ,,cgmmunitjl_.as business __ activity; · f•1ay()r Green gave assurance that a representative wo.uld __ be af!Qointed, ~.- <::: - ·

v-JFor consideration of a second & final reading, an ordinance repealing Sections 16-6-11 thru 16-6-17 of the Harrisonburg Code, was presented. Sections involved, concern Driving while intoxicated; breath analysis; violations; convictions; etc. The sections to be repealed are set out under Section 13-1-3 of the State Code; which has been adopted by Council, with language much easier for the Police Department to follow. Vice-Mayor Dingledine moved that the ordinance be approved for second & final reading, with authorization for the t1ayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council. (Refer to Ord. Bk L page 60).

/For Council's consideration, the City Attorney presented an ordinance anending Sec. l2-l-42(a) of the Harrisonburg City Code, which amendment provides for an increase from$ 250 to $500 license tax for persons selling to consumers at retail, from temporary or fixed places in the City, as well as all itinerant vendors doing business in the city. Council 11ember Robinson questioned the propor­tion of sales tax on such sales, .and offered an opinion that the matter should be looked into, in that it would apply also to the Farmer's Market. Following a brief discussion, Council Member Rhodes offered a motion for the ordinance to be approved for a first reading, with instructions for the City Manager to check with the Commissioner of Revenue concerning the collection of sales tax, and report back, prior to a second reading of the ordinance. The motion was seconded by Council t1ember Shank, and adopted by a unanimous recorded vote of Council.

~ity Attorney Lapsley presented, for Council's consideration, an ordinance amending Section 12-l-45(c) of the Harrisonburg City Code, providing for an increase from$ 250 to$ 500, license tax for the privilege of peddling or bartering in the City of Harrisonburg. Council t1ember Rhodes moved that the ordinance be approved for a first reading, with the understanding that the question of a sales tax would be clarified and reported to Council, prior to a second reading of the ordinance. The motion was s.econded by Council Member Robinson, and adopted by a unanimous recorded vote of Council. ·

~respondence was presented from City Treasurer Beverly t1il1er, listing various business licenses for years 1984 and 1985, with request that they be charged off city records. An explanation concerning the reason for charging off each individual license, was stated. On motion of Council Member Rhodes, seconded by Vice-Mayor Dingledine, and a unanimous vote of Council, the City Treasurer was so authorized.

~uncil received the followin9 Planning Commission report from its meeting of January 8, 1986: 11 ••• The Commissioners reviewed Final Plats for Sections 15 and 16 of

'Neff Properties', located on both sides of University Boulevard between. KPoger 's and Reservoir Street. P:r>oposed Section 15 consists of five 1-acre lots on the north side· of University Boulevard. Mr. Sullivan report that. the City is constructing a 30. foot paved street within the 60' right--of-way and water and sewer lines are being laid. However, the developers will be required to construct curb and gutter and acceleration-deceleration lanes, or approximately ?' of roadway width on each side of University Boulevard. Mr. Neff assured the Commission that this work would occur when the lots are developed.

Mr. Heath made a motion that the Commission recommend approval of Neff Properties, Section 15, located on the north side of University Boulevard. Mr. Hartman seconded the motion which passed unanimously. Applying the same re­quirements to proposed Sect,ion 16, located on the south side of University Boulevard, Mr. Trobaugh moved that it be recommended to City Council for approval. Mr. Heath seconded the motion which passed unanimously ••• 11

City Manager Milam called attention to the plats attached to the report, and Council Member Rhodes, a member of the Planning Commission, noted that the Commissioners could see no problem in recommending approval of the two sections. On motion of Council Member Robinson, seconded by Council Member Rhodes, and a unanimous vote of Council, the recommendation of the Planning Commission, was approved.

·------The following Planning Commission report from its January 8th meeting, was presented and read: " ••• Attorney Steve Heitz, representing LIBCO of Virginia, Inc., reported

that Temple Associates sold Waterman Square Shopping Center in December to LIBCO, The request is to establish two corner lots on the front portion of the shopping center, facing West Market Street. When the City reviewed the site plan in early 1984, these parcels were envisioned and discussed, but the subdivision plat had never been submitted for review. The Director reported that the City wants at least a 30 1 radius on the northwest corner of West Market Street and Waterman Drive. Mr. Heitz felt the owners would agree to this. Mr. Heath moved,_ and Mr. Trobaugh seconded his motion, to recommend approval of Flaterman Square Subdivision. The motion passed unani­mously. It was also understood that any development of these parcels would include curbing and gutters along street frontage •. ,"

City Manager Milam called attention to the Plat attached to the report, and reiterated the fact that although the Planning Commission had reviewed the site plan in 1984, a subdivision plat was not sub­mitted at that time, and thus, never fully approved as a subdivision. Following a brief discussion, Council Member Rhodes offered a motion for the recommendation of the Planning Commission to be approved. The motion was seconded by Vice-t~ayor Dingledine, and adopted by a unanimous vote of Council. ·

~neil Member Robinson moved that a supplemental appropriation in amount of$ 14,500., requested by the Street Superintendent in order to replace a steam generator with electrical heated tank for

58 asphalt, and t.o recover funds from auction of used equipment for equipment replacement, be approved for second & final reading, a first reading having been approved on December 17th, and that:

$ 7,000 chgd.to: General Fund (1901.01) Recoveries & Rebates 7,500 chgd .. to: General Fund- Unapprop. Fund Balance

14,500 approp.to: General Fund (4102-7001.00) St.Inspection- Mach. & Equip. The motion was seconded by Council Member Rhodes, and adopted by a unanimous recorded vote of Council.

?/Council 11ember Shank moved that a supplemental appropriation in amount of$ 12,500, requested by the Street Superintendent in order to replace four traffic signal controllers, be approved for second & final reading, a first reading having been approved on December 17th, and that:

$ 12,500 chgd.to: General Fund- Unapprop. Fund Balance 12,500 approp. to: General Fund (41 07-3004.01) Traffic Eng.- Maint. & Repairs

to Machinery & Equipment The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

,y-

City Manager Milam brought Council up-to-date re the matter of a proposed resolution reducing membership in the Upper Valley Regional Park Authority from 16 members to 8; payment of the $10,000 by each of the four jurisdictions for year 1984-85, and sharing the debt of the Authority equally between Staunton, Augusta County, Rockingham County and Harrisonburg. The latest meeting was held on December 18th, which resulted in a decision that the two representatives from each of the juris­dictions be the County Administrator or City Manager (or their designee, which may be an elected official), and the Director of Parks & Recreation. He noted that the City of Staunton approved a resolution on December 23rd providing for payment of the $ 10,000 to be in the form of a Grant and not a Loan; to share equally in the Authority's debt, providing the other three participants do likewise; and by action of January 9th, appointed its City Manager (or designee) and Director or Parks & Recreation to the Authority: Augusta County-has approved the resolution; authorized payment of the $ 10,000 and allocated funds and authorized payment of l/4 of the Authority's debt, provided the other jurisdictions do likewise, and agreed to appoint the County Administrator(or his designee) and the Director of Parks & Recreation to serve on the Authority: Rockingham County agreed to its share of the Authority's debt, to pay the $ 10,000 for year 1984-85, and share in the Authority's debt, and to appoint the County Administrator (or his designee) and the County's Director of Parks & Recreation to serve on the Authority. Manager Milam noted that Council needs to approve the resol 11tion reducing the number of representatives from four to two, and to insert the names so appointed, into the resolution. During discussion, it was agreed that City Manager Milam, or his designee, and Parks & Recreation Director Cecil Gilkerson, be named as the City's representatives. On motion of Vice-Mayor Dingledine, seconded by Council t1ember Rhodes and a unanimous vote of Council, the following Resolution was approved:

WHEREAS~ by concurrent resolution approved by City Council of the City of Harrisonburg~ Virginia~ on January 25~ 1966~ and by the Rockingham County Board of Supervisors on February 4, 1966, the Articles of Incorporation of the Upper Valley Regional Park Authority were adopted; and

WHEREAS, pursuant to Sec. 15.1-1230 of the Code of Virginia (1950) as amended, the County of Augusta, Virginia, joined in the Authority by resolution adopted September 14, 1966, and the City of Staunton, Virginia joined in the Authority by resolution adopted February 9~ 196?; and

WHEREAS, it is now deemed desirable to amend the Articles of Incorporation of the Upper Valley Regional Park Authority so as to reduce its membership from four (4) to two (2) members from each participating political subdivision;

NOW~ THEREFORE~ BE IT CONCURRENTLY RESOLVED, by the City Council of the City of Harrisonburg, Virginia~ that the following shall be, and hereby are adopted as Articles of Amendment to the Articles of Incorporation of the Upper Valley Regional Park Authority:

ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE UPPER VALLEY REGIONAL PARK AUTHORITY

1. The name of the Authority shall remain "UPPER VALLEY REGIONAL PARK AUTHORITY"

2. The amendment adopted is to amend and re-enact Article "b" of the Articles of Incorporation .as follows:

b. The names of the participating political subdivisions are: City of Harrisonburg, Virginia County of Rockingham, Virginia County of Augusta, Virginia City of Staunton, Virginia

Each participating political subdivision shaU appoint two (2) members to the Authority~ one of whom may be a member of the governing body of the partici­pating political subdivision.

The names and addresses of the members of the authority from the City of Harrisonburg~ shaU~ upon the effective date of this resolution be· as follows, each of whom is a resident of Harrisburg and each of whom shall continue in office until the expiration date of the term set forth opposite the member's name and until a successor shall be duly appointed and shall qualify:

Name Address Expir.of Term City Manager Marvin B.Milam (or his designee) Municipal Bldg.

Harrisonburg,Va. Cecil F. Gilkerson~ Parks & Recreation Dir. 505 S.Dogwood Dr.

Sept. 30~ 1989

Harrisonburg,Va. Sept. 50, 198?

The successor of each member shall be appointed by the governing body to the participating political subdivision from which the member whose term is ex­piring was appointed, and such successor shall serve for a term of four (4) years and until a successor shall be duly appointed and shall qualify, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the Authority shall be eligible for re-appointment.

Each member shaU be reimb=sed the amount of the member's actual expenses necessarily incurred in the performance of the member's duties.

3. The effective date of these Articles of Amend]nent to the Articles of Incorporation of the Upper Valley Regional Park Authority shall be October 1, 1985, provided concurrent resolutions are adopted by the other three partici­pating political subdivisions.

IN WITNESS WHEREOF, the City of Harrisonb=g, a participating membeP political subdivision of the Authority has, .. after a duly advertised public hearing, caused this Articles of Amendment to be executed by the Mayor of its. governing body to be affixed hereto and attested by the Clerk of said governing body this

14th day of January , _1986. ----------'Mayor

Atteste: --------------C.lerk

5'9:

//"City t1anager t~ilam presented, for Council's consideration, a request for approval of a supple­mental appropriation in amount of$ 32,075, representing Harrisonburg's share of the Upper Valley Regional Park Authority's total debt, with same to be equally shared by the other three participants in the Authority. Council Member Shank moved that the appropriation be approved for a first reading, and that:

$ 32,075 chgd.to: General Fund- Unapprop. Fund Balance 32,075 approp.to: General Fund (9104-5604.08) Support of Community & Civic Org.-

. Upper Valley Regional Park Authority The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

;...---Vice-Mayor Dingledine offered a motion for a letter, expressing sympathy ofCity Council, to be sent to the family of Lyle H.Sweet. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Council.

~unci1 was reminded that the second term of Mr. Yancey Gillum on the Harrisonburg Electric Commission, had expired as of December 31, 1985, and Mayor Green asked member's wishes concerning an appointment for the vacancy. Vice-Mayor Dingledine offered a motion for t1r. Francis E. Turner, 815 Elmwood Drive, Harrisonburg, to be appointed to a first term of three (3) years on the Commission, to expire on December 31 , 1988. The motion was seconded by Council t1ember Rhodes, and adopted by a unanimous vote of Council.

~asmuch as Mr. Jack 11a~on had resigned as a representative of the City of Harrisonburg on the Blue Ridge Community College Board of Trustees, prior to expiration of his second term, Mayor Green asked members' wishes concerning a replacement for the vacancy. Council Member Snank moved that Mr. H. Price Lineweaver of 23 Tamela Court, Harrisonburg, be appointed to serve the unexpired term of Mr. Mason, which will expire on June 30, 1987. The motion was seconded by Vi ce-i1ayor Dingledine, and adopted by a unanimous vote of Council .

./for information, City Manager Milam reported th.at 11r. V. Stephen Bradshaw .had submitted his resignation as a member of the City's Bi-Racial Commission, in that he has moved from the City, to the County.

~rrespondence dated June 20, 1983, was presented from 11r. James Deskins, Executive Director of the Harrisonburg Redevelopment & Housing Authority, enclosing copy of a position paper developed by the Authority, with regard to the extension of. Kelly Street through to Tower Street and the improve­ment of Tower Street from Old Furnace Road to East Hashington Street. City r~anager t1ilam said that Mr. Deskins had advised that the Authority would pay for the work. He suggested that Council may wish to think about the matter, with work programmed in next year's budget, if approved. He noted that the City is not allowed to. use Hi.ghway Funds for this type of work. 11ayor Green said rk. Deskins is of the opinion that increased traffic will help problems in the area, and the project would provide access to the area. Council Member Rhodes reminded Council of the water problem on Kelly Street which results in water being dumped onto other areas. Following discussion, Council Member Shank offered a motion for the City 11anager to work with Mr. Deskins, City Engineer Hilcox, Street Personnel, Superintendent of Hater/Sewer and Transportation Director, concerning the request, prior to referral of same to the City Planning Commission for review. The motion was seconded by Council Member Robinson and adopted by a unanimous vote of Council.

/City 11anager 11ilam presented plans that were submitted in early October by Johnson & Hill iams Associates, Rockingham County's EnC]ineers, whereby the county would connect to the terminus of the city's 12" water lila in on' Chestnut Ridge and extend it into the county with a 12" water rna in. He noted that City Engineer Hilcox and Water Superintendent Yancey had met with 11r. Don Krueger and two representatives from the Engineering Firm, with concern expressed at that time as to where the connec­tion would be made. Manager Milam pointed out the fact that four or five years ago,. Harrisonburg had no water. pressure problems, with the biggest problems preceding annexation at the expansion of JMU with construction of the Convocation Center, and at the hospital. Residents of Sandtrap Lane complained of low pressure, as well as other areas around the City, which were outside the city at that time. Manager ~-1ilam gave history of work done by the city insofar as installation of water lines, etc. to serve the water needs of the city, concluding with lines, which were installed to serve Reherd Acres, K-1-1art/Kroger and Schewel Furniture area. The county is now requesting to connect a 12" line to the city's existing 12" line near #3 Fire Station on Route 33 east, and to run this line to t1assanetta Springs to serve the Lakewood Estates subdivision and Sunnyside, with installation along the shoulder of Rt. 33. The county proposed to place a metering system within the city. He noted that the profile shows connection at the crest of the hill. From this point to Sunnyside, it is down hill, with fire hydrants and valves shown on the plan, but no connections. Concern was expressed that pressure at Chestnut Ridge is minimal, and unrestricted flow to the lower elevations could deplete water supply to higher elevations in the City. Inasmuch as the county is asking for 9, 000 gallons of water per day, into a 12" line which carries a capacity of 2 million gallons per day, 11anager Milam recommended that the request for a 12" line be denied., 11ayor Green offered the followino comments: "While I have not seen engineering reports, I realize Hr. 1-1ilam's responsibility, and therefore, his recommendation. We are now aware that the county has immediate needs for water in their Massanetta Springs development area. 1 would like for us to avoid litigation procedures and costly delays for the county developers

IIIIL_ ____________________________ _

i/

JW "(both Massanetta and Martin's). If we get in a no-win situation, whether we lose or appeal, or vice­

versa - either way, this could consume considerable time and expense. I would hope that we would be able to reach an agreement whereby we can satisfy their immediate needs, with the understanding, up front, that we do not want to enter into a piecemeal agreement, with its inherent future problems. We need to address the future, whereby we can assure the city requirements and satisfy the additional needs of the county. The only way we can do this, is to increase our treatment facility capacity and get more water to the east corridor from the west 33 treatment center. This must be understood, up front. In addition, and further in the future, I hope we can a~ree to working together to form a system for transporting more water from Switzer Dam." Vice-Mayor Dingledine said he agreed whole­heartedly, and offered a motion for the city and county engineers to work out what might be done to meet immediate needs of the county. The motion was lost for lack of a second. Mayor Green said that Council should act on the City Manager's recommendation for denial of a 12" line, and then get on with the joint venture for an alternate plan. Manager Milam noted some dissention among attorneys re interpretation of the 1978 contract, as to its effectiveness, based on wording of an amendment approved in April of 1984, paragraph 2, by Council. Council ~1ember Rhodes said "we want to furnish water that the county needs, but I would like to move that th.e 12" connection be denied, as recommended by the City t1anager, and for a committee to be appointed to begin work immediately with the county, to determine a method for meeting the county's immediate needs, as well as a 1 ong range p 1 an for future needs." The motion was seconded by Council ~~ember Shank.

At 10:25 p.m., Vice-t~ayor Dingledine offered a motion for Council to enter an executive session to discuss a legal matter. The motion was seconded by Council t1ember Robinson, and adopted by a unanimous vote of Council.

At 10:57 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened.

~e Clerk was asked to re-read Council Member Rhodes' motion concerning the county's water needs, after which time it was adopted by a unanimous vote of Council. Mayor Green asked Vice-Hayor Dingledine and Council Member Shank to contact the liaison people for the county, and explain the city's position with regard to legalities, etc., as discussed and acted upon in this meeting.

~y Manager Milam called attention to iiine City holidays presently being observed, including a day off for an employee's birthday. He informed Council that he had been asked that January 20th be observed for Martin Luther King's birthday, which has been declared a Federal Holiday for some time. Vice-t~ayor Dingledine offered a motion for January 20th to be established as a holiday for city employees, due to its symbolic importance. Council Member Rhodes expressed appreciation for the comment, and seconded the motion, which then received a unanimous vote of Council.

~y Manager Milam called attention to correspondence of January 7, 1986 which he had received ·from Dr. Ronald Carrier, President of James t~adison University, in which he stated a desire to work with the city rea former request of the City for a right-of-way to install a sewer line through the arboretum lOcated on the JMU campus. He asked that Dr. Norlyn Bodkin be contacted to plan construc­tion of the sewer line with the city. Two additional requests were made, namely: (1) consideration of the city to assist Jt~U in completion of a pond in the arboretum and construction of a well; (2) JMU to have two plots at Switzer Dam area for biological research. Council ~~ember Rhodes said he felt that more information is needed with regard to costs, etc. Mayor Green offered an opinion that the city should pursue a right-of-way, and consider Dr. Carrier's requests. Following the· brief discussion, the City Manager was asked to pursue negotiations for a right-of-way, through proper cha/.

Council was reminded by the City Manager that a CPA Firm must be appointed to audit city records, by June 1st, in that this is the last year on the 3-year proposal. He called attention to a proposed ''Request for Proposal for Auditing Purposes'', which includes specifications that follow closely those used by the City of Staunton. He noted that if approved by Council, the proposal would be forwarded. to the local CPA Firms, after which time, replies would be reviewed with recommendation to Councio, prior to Council's appointment of a "firm. On motion of Council t-1ember Shank, seconded by Council Member Rhodes, and a unanimous vote of Council, the City Manager wro authorized to proceed.

v((;ty Manager ~~il am called members' attention to their copies of Fi sea 1 Year '85 independent audit reports for Community Services Board-operated programs which receive State funds, as submitted by Ms. Elizabeth P.Knighton, Executive Director of the Harrisonburg-Rockingham Community Services Board/

VCity Manager''Milam presented a request for Council's assistance in a joint venture by JMU and Rockingham Developmeht Corporation, to establish an Innovation Center in the city. Manager t1ilam informed Council that he had received a request from Dr. Enedy, t1r. D.P.Davis,Jr. and Dr. Carrier, for the City to contribute the amount of$ 5,000. A like amount is being requested of Rockingham County, with $ 10,000 to be provided by each organization (JMU and ROC). He noted that space is available at Dunham Bush for such a Center. The City Manager was asked by Council, to place the matter on a future agenda, with invitation extended for a representative to be present at that meeting to supply additional information.

/Mayor Green appointed Council Hember Thomas H. Robinson, II, to serve as a representative of Council on the Chamber of Commerce Convention/Tourism Advisory Committee, along with representatives from ROC, JMU and the local business community.

There being no further business, and on motion duly adopted, the meeting was adjourned at ll :15 p.m.

72f2iu~ ,£i,p/ . I "r CLERK ~*~ v~v~~.

•

--

61

Tuesday, January 28, 1986

At a regular ~eeting of Council held in the Council Chamber this evening at 7:30 tAere were present: Mayor Halter F. Green, 3rd; City nanager t1arvin B. f~ilam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-t1ayor Ra~ond C. Dingledine, Jr.; Council Hembers Elan H. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard H. Presgrave. Absent: none.

Vice-Mayor Dingledine called for a moment of silence, out of respect and appreciation to the seven Astronauts who so tragically gave their 1 ives this day in the Space Ship Challenger, and in sympathy to their faQilies.

Minutes of the regular meeting held on January 14th were approved, as corrected.

~ouncil received the following report from a Planning Commission meeting held on January 22nd: " •.. Following the Notice of Public Heariny statement, Chairman Enedy

opened the floor to anyone desiring to speak in favor of the rezoning of 4.1 acres owned by Mr. and Mrs. David Garber and 5 acres owned by Mr. and Mrs. Winfred Keagy. Attorney Henry Clark spoke for the Garbers and referred to a site plan illustrating 36 condominium units in four structures, along the east side of newly built Hunters Road. He noted that 36 units are actually less than what R~2 Residential zoning would allow, but R-3 Multiple Dwelling District is being applied for in order to build structures of six and 12 units each. (R-2 zoning restricts a builder to mo more, than 4 units per structure). Mr. Clark also noted that 74 off-street parking spaces are planned which is 2 more than required. Overflow parking spaces will be available along Hunters Road which is over 1,100 1 long from Port Road to the existing Hunters Ridge condominiums.

Mr. Winfred Keagy spoke on behalf of rezoning his adjacent 5 acres to R-3 District. He noted that his property was a part of the 1984 rezoning case which was withdrawn by D.M.I.Corp. of Williamsburg in September 1984 just prior to a City Council meeting. He reported that D.M.I.Corporation is no longer interested in acquiring the Keagy parcel, but if Garber's land is rezoned, it would be time­saving and logical to rezone the Keagy parcel at the same time, because R-3 would be the highest and best use if bordered by R-3. ·

Mr. Carl Wassum, President of the Port Road Neighborhood Association, read a statement from the organization which projected possible population figures, traffic increases, and suggested a moratorium on rezonings until the Zoning Ordinance review is completed. Mr. Kenneth Langraf and Dr. James Eby of Devonshire Homeowner's Association, supported Mr. Wassum's statement.

After discussing the existing zoning patterns of the area, students' life­styles, number of automobiles (56% of J.M.U. 's students have autos). Mr. Rhodes moved that the Keagy request be tabled, since no plan of development was provided. Mr. Trobaugh seconded the motion which passed unanimously. Then Mr. Heath moved that the Commission recommend rezoning the 4.1 Garber parcel from R-1 to R-3. Mr. Hartman seconded the motion, which passed unanimously .•. "

City Manager t1ilam reminded Council that a public hearing is required in all rezoning issues, and said it seems apparent that ·the date of r~arch llth is satisfactory to all concerned. On motion of Council Member Rhodes, seconded by Council Member Shank,. and a unanimous vote of Council, t·1arch 11th was approved as the date of a public hearing on the Garber rezoning request, and the City r~anager \•!as instructed to properly advertise same in the Daily News Record newspaper, for 7:30 p.m.

~uncil received the following Planning Commission report from its January 22nd meeting: " ••• The Commissioners again reviewed the request from Peoples Baptist Church

to re-subdivide their parsonage lot on the northwest corner of Monument Avenue and Bluestone ·Street. The Director reported that City Attorney Lapsley felt the temporary moratorium on subdivisions within the Permit Parking District should not apply in this situation, because.no additional dwelling or dwellings will result and the purpose is to provide more off-street parking, which will help the parking arrangement rather than impose more parking on public rights-of-way. Mr. Rhodes noted that he also spoke to Mr. Lapsley and was satisfied concerning the circumstances of this case. City Staffers Wilcox, Byrd and Sullivan suggested the lot line between proposed Lot A and the church parceZ facing South Main Street be eliminated, while proposed Lot B, with dwelling and 10,395 square feet be recommended for approval. ,Attorney Henry Clark told the Commission the church officials will agree to eliminating the lot line between Lot A and the. church' parcel, and he feU the Commission could recommend this in its motion.

Mr. Heath offered a motion for the Commission to recommend approval of Peoples Baptist Church to resubdivide Lots 35, 36 & 37, Block I, Fairview Addition, forming a 10,395 square foot lot on the northwest corner of Monument Avenue, and Bluestone Street, and adding "Lot A" of 4, 905 square feet to the main church parcel facing S.Main Street. Mr. Trobaugh seconded the motion and all members present voted in ~ , '

J aver . .. City Manager f1ila!:l called attention to the revised plat which he had received late this evening, noting the solid line on the original plat, and elimination of same on the revised plat, between Loa A and the church parcel. Council t1ember Rhodes offered a motion for the recommendation of the Planning Commission to be approved, with resubdivision as set out on the revised plat. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

/ ~The following Planning Commission report from its January 22nd meeting, was presented and read:

"· •• Mr.. Copper described the proposed 2-lot subdivision by Investor's Sa~ingr; & Loan, located in the triangle formed by East Market Street, Country Club Road and Lowe's Store. It.was originally surveyed in July 1981, approved by the County, but never recorded. Now Investor's S & L has a purchaser for Lot 1 adjacent to Lowe's, and they need the City's approval in order to record the 2 lots as a subdivision. Water and Sewer Superintendent Yancey reported that

J,

I' I I

'

62 adequately-sized utility lines are available from Country Club Road. Realtor Albert Constable said he wasn't at liberty to reveal the contract purchaser for Lot 1, but the development is permitted under B-2 General Business zoning.

Mr. Rhodes moved and Mr. Hughes seconded his motion that the Commission recommend approval of the Investor's S & L Subdivision, Section 1. The· motion passed unanimously ••• "

Council Member Rhodes, a member of the City Planning Commission, noted no problem, insofar as the Commission's recommendation for approval of Section l, Investor's S & L Subdivision. On motion of Vice-Mayor Dingledine, seconded by Council r.1ember Robinson, and a unanimous vote of Council, the recommendation of the Planning Commission was approved.

~The following Planning Commission report from its January 22nd meeting, was presented and read: 11.! •• Mr. J.R. Copper, a partner of MNY & C, reported that his office building

plus three other adjacent professional office structures want to be recorded as a subdivision of five parcels. Each structure occupies an individual lot, and the fifth lot, with 19,530 square feet, will always be a 'common space' parcel for parking and access usage. The already built project is located at 1041 South High Street.. Attorney Steve Weaver summarized the covenants, emphasizing that the common space parcel can never be built upon, even if ownership of the develop­ment chantes. The covenants also prevent any one of the lots to be sole to someone not a member of the 'association. 1 Concerning water and sewer, Mr. Copper said the owners are fuZZy responsible for all bills and repairs, since they have private lines. The Water and Sewer Superintendent said there should be no problem as long as the association cannot sell any or all of the lots to a non-member.

Mr. Heath concluded the discussion with a motion for the Commission to recommend approval of the South High Professional Office Complex, Section 1. Mr. Rhodes seconded the motion, and all members present voted in favor •.. "

Council f'clember Rhodes, a member. of the City Planning Corrmission, said that the question of water and sewer lines had been raised in the Commission's meeting, insofar as no individual meters, and Mr. Copper replied that the Association will maintain the lines, with one connection for the four lots. Council Member Rhodes also noted the fact that changing the units to 'for sale' rather than renting, had also been spoken of in the meeting. Nr. Copper .noted that a subdivision had been recommended, rather than condominiums, and that the structures are 2-story. Fire walls have been constructed, and other safety requirements complied with. Lot 5 will be owned by the Association and maintained by a group of involved individuals. He pointed out the fact that nothing can be constructed on this lot,

-··---------

in that it will be encumbered by all the easements. Following discussion, Council Member Shank offered a motion for the recommendation of the Planning Commission to be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

~ouncil received the following Planning Commission report from its January 22nd meeting: 11 •• • A letter from Attorney Steven Blatt was read, asking the City to

officially approve the resubdivision of Lots 1, 2, 3 & 4 of Block 8 in Airhart Addition. In August, 1959, these lots were surveyed by Mr. G.K.Harnsberger and reduced to three residential lots. They are located on the west side of Hartman Drive just south of Second Street. Three dwellings exist on the three lots. The Director reported that the City Block Map correctly shows the three lots, as proposed on Mr. Harnsberger's 1959 plat. Attorney Blatt is asking for official approval at this time, in order that an owner's consent and dedication can be signed by the Mayor and Planning Commission Chairman.

Mr. Hartman moved that the Commission recommend approval of the 1959 resub­division of Lots 1, 2, 3 & 4 of Block 8, Airhart Addition. Mr. Rhodes seconded the motion which passed unanimously ••. 11

City Manager Milam called attention to the survey and plat, attached to the report, and Council Member Rhodes, a member of the City Planning Commission said "all is in place." Vice-Mayor Dingledine offered a motion for the recommendation of the Planning Commission to be approved. The motion was seconded by Council t1ember Robinson, and adopted by a unanimous vote of Council.

~ity Manager Milam presented a Proposed Position Classification and Pay Plan for city employees, as prepared by Yarger and Associates, Inc. of Falls Church, Virginia. He explained that in 1970, the city approved a Plan by Yarger Associates, with completion of same preceding the state law requirement by about five years. In 1974, another Classification Pay Plan was prepared by the same firm, which has been used with the 1970 Plan as a guide for new employees, although not used 100% of the time. The 1974 Plan was completed in October 1974, and in 1975, under Title 15 of the state code, it was mandated that all cities, counties and towns must have a grievance procedure, and also a Position Classification Pay Plan. As a re~ult of this mandate, the City followed up and completed a more comprehensive report, prepared by Municipal Advi.sors of Virginia Beach, Virginia. In 1976, the Personnel Management System was completed and adopted by ordinance, which ordinance included a paragraph referring to that system. He noted that Council may revise the Plan from time to time, which has been done on several occasions. Attempt was made to consolidate some policies and resolutions into one manual. He pointed out the fact that it is now 1986, and the only thing that has happened, is that he had attempted to use as much of the Pe;·sonnel t1anagement System as possible. A requirement of the Virginia General Assembly i: for all citi.es to resubmit their plan by the middle of February. Parts of the present Plan are still in effect. In 1980, a smaller report "Salary Survey" update, was re­calculated, to determine whether or not the City's pay scale was in line with those of the 1970s. Council, in 1980, did not approve this report, althou0h it was presented and recommended for adoption. No action with regard to its adoption, resulted from some rersonality conflicts at that time. Council held an executive session, and following this, he (the City Manager) was instructed to use another method for determining increases in salaries, which has been done. He asked some indication from Council, as to its wishes, for preparation of the upcoming budget for fiscal year 1986-87. Following adoption of last year's budget, bids were taken for preparation of an up-to-date Position Classifica­tion Pay Plan, with low bid submitted by, and contnact awarded to Yarger and Associates, Inc. The report was completed in October, 1985, with presentation delayed until this time due to the workload of Council, with a number of pressing matters which have resulted in long agendas and late meetings. Manager Milam presented highlights of the 1985 six-year plan, which may or may not be used, depending upon Council's decision concerning adoption of same. He noted that the Plan has been updated four times, in order to help each individual employee receive fair treatment. To assist the Firm in pre-

J~

A<:l

paring the Plan, each employee was provided with full classifi~ation inf~rmation a~d a form ~o be filled out with regard to his/her position, with request that 1t be exam1ned and d1scussed w1th families and/or ministers. The forms, upon completion, were submitted to the supervisor of each employee, who only made comments, prior totheir being sent to the firm to be analyzed in preparing the Plan. The report has sufficient information to provide a reason~ble sa~ar~ for new emplo~ment, but does not include either the School Board or Harrisonburg Electnc Comm1ss1on. Manager M1lam requested approval of the Plan, to be used as a guide in employment, and as a_supplement to ~hat approved in 1976. He expressed a hope that Council and City Staf~ would cons1der_a~proval, 1n that a guide is desperately needed. The fact was impressed upon Counc1l that_p~rsonal1t1es should no~ be considered in approving the Pay Classification Plan, but rather, the pos1t1on. He noted that a C1ty Police Officer has instituted ·a law suit against the city, with charge of a lack of uniform pay policy. ~~anager Milam noted that if the 1985 Plan is approved, cop~es of same would be distributed, with effort to implement the Plan. He added that if approved, Counc1l could amend any of the pay scales, in that the Plan will serve only as a guide, and the 1976 Plan is way out-of-date. The Plan would be usee as a guide in correcting some inequities. Following the City Manager's report, Council Member Rhodes offered a motion for the 1985 Position Classification Pay Plan to be approved as a Guide for the City Hanager, to be approved. The motion was seconded by Council t~ember Shank, and adopted by a unanimous vote of Council. t1anager Hilam said that a tentative date of February 25th has been set for meeting with Mr. Yarger, and asked members of Council to review the Plan and make any changes, prior to that time.

~or consideration of a second & final reading, an ordinance was presented, amending Section l2-l-42(a) of the Harrisonburg City Code, increasing the license tax from $250 to $500 for persons selling to consumers at retail, from temporary or fixed places in the city, as well as all itinerant vendors doing business in the city. The ordinance was approved for a first reading on January 14th. City Manager f~ilam informed Council that he had contacted the Commissioner of Revenue concerning collection of sales tax from Itinerant t1erchants arid Peddlers, as requested, and that the Commissioner had then contacted the Branch Office of the Department of Taxation located on North i~ain Street. In a Memo from Commissioner Smith, it was noted that the Department of Taxation makes every effort to register all such merchants, and if registered, sales tax is collected, with sales reported to the locality in which the sales take place, with tax allocated to the specific locality. Mr. Smith added a personal statement that "every effort is made to enforce compliance with the revenue licensing and sales tax collection by this office and the Department of Taxation." Council f~ember Shank offered a motion for the ordinance to be approved for second & final reading, with authorization for the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council t1ember Rhodes, and adopted by a unanimous recorded vote of Council. (Refer to Ord. Bk L, page 61).

/ For co.nsideration of a second & final reading, an ordinance was presented to amend Section 12-l-45(c) of the Harrisonburg City Code, by increasing from $250 to $500 the license tax for the privilege of peddling or bartering in the City of Harrisonburg. The ordinance was approved for a first reading on January 14th. Inasmuch as the question of sales tax collection had been clarified through the Commissioner of Revenue, Council Member Robinson offered a 'motion for the ordinance to be approved for second & final reading, with authorization for the t1ayor to sign the ordinance and the Clerk to attest same, and spread upon the pages of the City's Ordinance Book. The motion was seconded by Vice-t1ayor Din9ledine, and adopted by a unanimous recorded vote of Council. (Refer to Ord. Bk L, page 62). ~

For consideration of a second & final reading, City f·1anager Mila~:~ presented the appropriation form in amount of$ 32,975., representin9 Harrisonburg's l/4 share of the Upper Valley Regional Park Authority's debt, which appropriation had been approved for a first reading on January 14th. He noted that Augusta County would be meeting this evening to act on this, ruling on behalf of employees for retirement benefits, and added the fact that there will be additional debt service. lvhen he asked if Council would like to defer action on a second reading of the appropriation, f1ayor Green said it had been agreed that the City would act on the issue, when it had been approved by the other three participants. Council Member Rhodes offered a motion for the appropriation to be approved for second and final reading, contingent upon payment by the other localities, and that:

$ 32,075 chgd.to: General Fund- Unappropriated Fund Balance 32,075 approp.to: General Fund (9104-5604.08) Support of Community & Civic Org.-

Upper Valley Regional Park Authority The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

v· A request was presented from Police Chief Presgrave for approval of a supplemental appropriation in amount of$ 1,524.82, in order to return funds received, to accounts from which they were expended. Vi ce-f~ayor Di ngl edi ne moved that the appropriation be approved for a first reading, ar.d that:

$ 1,524.82 chgd. to: General Fund (1901.01) Recoveries & Rebates 481.33 approp.to: General Fund (3101-5500.01) Travel

1,043.49 approp.to: General Fund (3101-1001.05) Patrolman The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

~request was presented from Assistant City t1anager Driver for approval of a supplemental appro­priation in amount of$ 8,109.12, in order to transfer monies received from Harrisonburg Parking Authority for additional work that was done while paving parking lot back of Harrison Plaza. Following a brief discussion, Council Member Rhodes moved that the appropriation be approved for a first reading, and that:

$ 8,109.12 chgd.to: General Fund (1901.01) Recoveries & Rebates 8,109.12 approp.to: General Fund (8106-5400.01) Parking Authority- Other Mat.& Supp.

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanir1ous recorded vote of Council.

~City Manager Milam presented a re~uest from Fire Chief Shifflett for approval of a supplemental appropriation in amount of $ 26,854.54 in order to recover funds for fire department expenses. The funds have been received from Rockingham County. Vice-f~ayor Dingledine moved that the appropriation be approved for a first reading, and that:

$26,854.54 chgd.to: General Fund (1901.01) Recoveries & Rebates 24,854.54 approp.to: General Fund (3201-1001.06) Dispatchers 2,000.00 approp.to: General Fund (3201-5400.01) Other Hat. & Supplies

The motion was seconded by Council t1ember Rhodes, and adopted by a unanimous recorded vote of Council.

64 /

7 Fire Chief Shifflett informed Council that an engine was involved in a 1985 accident, with repairs not made, to date, in that the company is unable to remove it from service, due to no reserve equipment. Although repairs to the engine are important, the Chief asked for a commitment in the City's 1986-87 budget for approximately$ 42,000 toward the cost of a new engine, with total purchase price estimated at $120,000, with another $30,000 needed for equipment. The engine could be purchased, using a 4 to 5 year lease-purchase agreement, with interest rates of between 7% and 7 3/4%, depending upon the lender. He added the fact that with the purchase of a new engine, another could be placed in reserve. City Manager Milam said. his reason for bringing this matter to Council, was because the requested appropriation would have to be made available in the city's budget for the next three or four years. He asked some guidance to determine whether or not the Chief could proceed with the 1 ease-purchase arrangement, and added the fact that banks are interested in working with the city on such an arrangement. t1anager Milam offered an opinion that this would be a good way to acquire equipment. Following discussion, Counci 1 ~~ember Rhodes offered a motion for the requested amount toward purchase of a new engine, to be appropriated in the City of Harrisonburg 1986-87 budget. The motion was seconded by Council ~~ember Robinson, and adopted by a unanimOus vote of Council.

/City r~anager l~ilam informed Council that Fire Chief Shifflett feels he has gone as far as he can, with the E-9ll System, and has asked about the possibility of scheduling a public hearing on the issue. He said Council may wish to select a date for sometime this spring, or in ~iay or June, following adoption of the City's budget,in order that notification of same may be given Continental Telephone. He expressed a desire for information requested in January 21st correspondence from the company, to be furnished by the Fire Chief. An added fact was that this may need to be tied in with 1986-87 budget requests, insofar as meetings. Chief Shifflett noted that the cut-over of February 1988 has been set, and that tariff has been applied for, through the SCC. Although no specific dates have been set for a commitment from the city, he said it would be helpful if he could point out, after the next meeting of Council, that a mail-out, or some other method would be instituted for re­ceiving public interest and input. The Plan is in .the preliminary stages at this time. Vice-Mayor Dingledine said his understanding was that the company would prepare a Plan and present it to Council, prior to any hearings, etc. The Chief said they .are in the process of planning at this time, and said he felt the company would welcome an opportunity to meet with Council for presentation of an up-date report. t;hen Manager t1ilam asked about the month of June for receiving a final proposal, Chief Shifflett said he would ask the company for a proposal, sometime after adoption of the City's budget. t~anager t1ilam pointed out the fact that the City had only promised to program this in the 1987-88 budget, with no commitment before that fiscal year.

~ith regard to the Tax Reform Act of 1984 requiring that the value of the personal use of a company-owned vehicle be included in employees' gross wages, City Manager Milam presented a report of "Commuting Use of City Owned Vehicles- Calendar Year 1985." Auditor Peterman said that the November deadline was to allow employees an option not to subject this fringe benefit to federal and state income tax. He presented a proposed resolution, noting that approval of same would decrease the amount to approximately $ 60 per year for commuting use of various vehicles. He cited the situation which arose in December 1985, when lump sums were deducted from one pay check of various employees. He requested approval of the resolution before the end of this monty, in order that the same situation will not arise at the end of 1986. t1ethod ·Of payment would be left to the discretion of the employees. Auditor Peterman suggested one change in the proposed resolution, namely, that notification to the employees, by the city, state "by January 31, 1986" rather than July lst. On motion of Council Member Rhodes, seconded by Council t1ember Robinson, and a unanimous vote of Council, the following resolution, as amended, was approved:

RESOLVED: That the following policy regarding employee personal usage of business vehicles of the City of Harrisonburg, Harrisonburg, Virginia, be, and is hereby adopted by the Harrisonburg City Council:

1. The City of Harrisonburg, due to valid business considerations, provides a business vehicle to various employees for their usage. The primary reason the vehicles are provided is for adequate transportation for business acti­vities. However, the City of Harrisonburg believes it is necessary for the employees to use these vehicles to commute to and from the business. It is the City of Harrisonburg's policy that there should be no other personal use of these business vehicles, unless approved on a specific case-by-case basis.

2. The City of Harrisonburg agrees that it will be responsible for the automobile liability insurance coverage for these vehicles.

3. The City of Harrisonburg will include the value of the employee's personal usage for commuting in each employee's form W-2 annually. This value will be computed under the applicable method as established by IRS regulations. Specifically, non-officer employees or less than five percent owner-employees will have their personal usage valued at $3.00 per day, unless they have been approved for personal usage in addition to commuting. Then the value will be computed using the IRS's Annual Lease Value Table.

4. The City of Harrisonburg will notify employees by January 31, 1986, and every January 1st thereafter, that no federal income tax will be withheld from this imputed value.

5. The City of Harrisonburg will withhold the required FICA (Social Security) tax computed on this value annually, no later than December 31st of each yeaY• ..

ADOPTED and APPROVED this 28th day of January , 1986. Clerk ------------'

It was agreed that the following concerns be referred to the Harrisonburg Transportation Safety Commission, for review and report:

(1) Change in signs on Lee Avenue at the intersections of First and Second Streets, due to accidents resulting from non-compliance with "Yield" signs.

(2) Possibility of reducing speed limit on Reser · t VOlr street from the presen

I

-

65 35 mph, in th.e vicinity of /1cDonald 's Restaurant.

(3) Need for 4-way stop sign at /1eadowlark and Blue Ridge Drives.

~ouncil Member Robinson registered a request for street lights on Central Avenue between South Avenue and 1·1aryland Avenue, due to difficulty in seeing the school entrance after passing the intersection at the fire station. Assistant City Manager Driver said he would look into the situa­tion.

,__---For information, and recordation in minutes of this meeting, City Manager Milam presented

correspondence from Mr. Frederick A. Board, Senior Vice-President and Controller, Dominion Bank, and from /1s.Gloria A. Spitzer, concerning the city's tv cable service.

At 9:50 p.m., Vice-11ayor Dingledine moved that Council enter an executive session to discuss real estate and legal matter. The motion was seconded by Council 11ember Robinson, and adopted by a unanimous vote of Council.

At 10:45 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There bein9 no further business, the meeting was adjourned.

~_cdok/ CLERK .

Tuesday, February ll , 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: /1ayor Walter F. Green, 3rd; City 11anaC]er 11arvin B. l~ilam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council f.1er.lbers Elan Lv. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard vi. Presgrave. Absent: none.

Minutes of the regular meeting held on January 28th were approved as read.

The following regular monthly reports were presented and ordered filed: From the City Manager:

A progress report of activities in the various departments and said office for the month of January, 1986. From the City Treasurer:

A trial balance report as of close of business on January 31, 1986. From the Police Department:

A report of cash collected from street parking meters, $ 5,293.55; Fines & Costs, $ 4,977.75; total cash collected during month of January 1986, $ 10,271.30. Department of Utility Billing:

A report of water, sewer & refuse accounts; meters read; installations; cut delinquents; complaints; re-reads, etc.for month of January, 1986.

Council received a Note of Thanks from 11rs. Nancy Sweet, for flowers received.

v--For information, City 11anager Mil am presented a copy of Form 8038 which had been filed with the Internal Revenue Service, in connection with the issuance of the Redevelopment & Housing Authority's Revenue Bonds in amount of $ 3,543,746 for Rippon Landing Associates, II. Although the original Resolution, approved by Council on February 26, 1985 was in total amount of$ 11,500,000, the Bonds were issued in the lesser amount. Form 8038 is a requirement under Sec. 15-l-1377 of the Virginia Code.

~Mr. Timothy Milligan, President of the Old Town Homeowners' Association, expressed concern about the delay in action concerning the R-2 Residential Zoning Regulations, with regard to recommendations submitted by the Association in November, which, he feel ,s have been shelved. He said there is no room for any kind of construction, and added that "if there is a moratorium on all requests to resubdivide property within the Neighborhood Permit Parking Area, or where there is a current parking problem, then, there should be a a moratorium." He said he was pleased with a recommendation of Messrs. Byrd & Sullivan in January, but felt that Council inaccurately approved a subdivision, when a moratorium is in effect. He asked the possibility of a public hearing being scheduled on the zoning issue. Council /1ember Rhodes, a member of the Planning Commission, noted that approval of the Peoples Baptist Church request to resubdivide its lot was done, due to circumstances which prevailed. Mayor Green pointed out the fact that the matter of zoning is presently in the hands of the Planning Commission, and asked Council f1ember Rhodes to have 11r. Sullivan contact f.1r. 11illigan, in that some type of commitment is being requested by the Homeowners' Association.

/Mr. J. 11. Ph ill ips, Environmental Health Program 11anager of the Central Shenandoah Health District, was present in the meeting to present the annual Health Program Report of activities conducted in Harrisonburg during fiscal year 1984-85. The report was received for inforr.1ation.

/Mr .. Dana Armentrout, Fiscal Agent, Shenandoah Valley Private Industry Council, was present in the meeting to present a Summary of Planned Operations in Service Delivery 4, under Title IIA of the Job Training Partnership Act, year 7/l/86 - 6/30/87. He presented statistics concerning four activities proposed for Title IIA funding, nar.1ely: Out-of-School; On-the-Job-Training; Assistance for the Handicapped; Classroom Training. 11r.Armentrout noted that although PIC is a local agency, funds come through the Federal Government, which funding faces.a cut-back. He informed Council that $174,000 incentive funds came into this area last year, and added that the Private Industry Counci.l was rated #1. Following the review, Vice-/1ayor Dingledine offered a motion for Council to concur in the Plan. The motion was seconded by Council f1ember Rhodes, and adopted by a unanimous vote of Council.

/ . !/The City 11anager presented the following proposed Resolution, prepared by f1r. Francis Bell , and

submitted for Council's consideration of approval: RESOLVED by the Council of the City of Harrisonburg in regular session

65 35 mph, in th.e vicinity of J1cDonald's Restaurant.

(3) Need for 4-way stop sign at 11eadowlark and Blue Ridge Drives.

~ouncil Member Robinson registered a request for street lights on Central Avenue between South Avenue and Haryland Avenue, due to difficulty in seeing the school entrance after passing the intersection at the fire station. Assistant City Manager Driver said he would look into the situa­tion. ~

For information, and recordation in minutes of this meeting, City Manager Milam presented correspondence from Mr. Frederick A. Board, Senior Vice-President and Controller, Dominion Bank, and from Ms.Gloria A. Spitzer, concerning the city's tv cable service.

At 9:50 p.m., Vice-1·1ayor Dingledine moved that Council enter an executive session to discuss real estate and legal matter. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

At 10:45 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

·-n~~c!cr~vJ , I . f . CLERK

Tuesday, February ll, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: 11ayor Walter F. Green, 3rd; City t1ana<]er 11arvin B. f~ilam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council f1el'Jbers Elan Lv. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman ahd Chief of Police Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on January 28th were approved as read.

The following regular monthly reports were presented and ordered filed: From the City Manager:

A progress report of activities in the VQrious departments and said office for the month of January, 1986. From the City Treasurer:

A trial balance report as of close of business on January 31, 1986. From the Police Department:

A report of cash collected from street parking meters, $ 5,293.55; Fines & Costs, $ 4,977.75; total cash collected during month of January 1986, $ 10,271.30. Department of Utility Billing:

A report of water, sewer & refuse accounts; meters read; installations; cut delinquents; complaints; re-reads, etc.for month of January, 1986.

Council received a Note of Thanks from f1rs. Nancy Sweet, for flowers received.

v-For infomation, City f1ana(Jer Milal'l presented a copy of Form 8038 which had been filed with the Internal Revenue Service, in connection with the issuance of the Redevelopment & flo using Authority's Revenue Bonds in amount of $ 3,543,746 for Rippon Landing Associates, II. Although the original Resolution, approved by Council on February 26, 1985 was in total amount of$ 11,500,000, the Bonds were issued in the lesser amount. Form 8038 is a requirement under Sec. 15-l-1377 of the Virginia Code.

,..-Mr. Timothy f'1illigan, President of the Old Town Ho!'leowners' Association, expressed concern about the delay in action concerning the R-2 Residential Zoning Regulations, with regard to recommendations submitted by the Association in November, which, he feel,s have been shelved. He said there is no room for any kind of construction, and added that "if there is a moratorium on all requests to resubdivide property within the Neighborhood Permit Parking Area, or where there is a current parking problem, then, there should be a a moratorium." He said he was pleased with a recommendation of Messrs. Byrd & Sullivan in January, but felt that Council inaccurately approved a subdivision, when a moratorium is in effect. He asked the possibility of a public hearing being scheduled on the zoning issue. Council 11ember Rhodes, a !'lember of the Planning Commission, noted that approval of the Peoples Baptist Church request to resubdivide its lot was done, due to circumstances which prevailed. Mayor Green pointed out the fact that the matter of zoning is presently in the hands of the Planning Commission, and asked Council Hember Rhodes to have Mr. Sullivan contact f1r. 11illigan, in that some type of commitment is being requested by the Homeowners' Association.

/Mr. J. 11. Phillips, Environmental Health ProC)ram f1anager of the Central Shenandoah Health District, was present in the meeting to present the annual Health Program Report of activities conducted in Harrisonburg during fiscal year 1984-85. The report was received for infomation.

~Mr. Dana Armentrout, Fiscal Agent, Shenandoah Valley Private Industry Council, was present in the meeting to present a Summary of Planned Operations in Service Delivery 4, under Title IIA of the Job Training Partnership Act, year 7/l/86- 6/30/87. He presented statistics concerning four activities proposed for Title IIA funding, namely: Out-of-School; On-the-Job-Training; Assistance for the Handicapped; Classroom Training. Mr.Arl'lentrout noted that although PIC is a local agency, funds come through the Federal Government, which funding faces.a cut-back. He informed Council that $174,000 incentive funds came into this area last year, and added that the Private Industry Council was rated #1. Following the review, Vice-f1ayor Dingledine offered a motion for Council to concur in the Plan. The motion was seconded by Council 11ember Rhodes, and adopted by a unanir.mus vote of Council.

/

V'The City Manager presented the following proposed Resolution, prepared by Mr. Francis Bell, and submitted for Council's consideration of approval:

RESOLVED by the Council of the City of Harrisonburg in regular session

66 assembled, that they do hereby designate , who in their opinion is knowledgeable as to the t= structure, bond financing and general municipal financing of the City of Harrisonburg, as the person to receive and advise with representatives of industries which might be interested in locating in this area. This designation is made for the purpose of completing the application to the Virginia Department of Economic Development, to house the Harrisonburg-Rockingham area certified for industrial prospects.

ADOPTED and APPROVED this day of , 1986. ------------~Mayor

Atteste: Clerk

During reading of t"h-=-e---.--Re-sc-o-l'u__,t~i"=oc-:n-,--it was noted that the word "house" was in error, and should be the word "have." Council Member Rhodes offered a motion for the Resolution to be approved, with word correction, and for the nar.1e of Marvin B. t1ilam, City f1anager, to be inserted in the blank provided for the city's designee. The motion was seconded by Council t1ember Robinson, and adopted by a unanimous vote of Council.

/City r~anager Mil am informed Council that some technicalities concerning land purchase for a new school and park area, required action at this time, although the property owners from whom the land is under option, would not be present in this meeting. The following five items were set out for consideration:

(a) proposal to accept Deed of Gift (b) proposal to acquire land for school and park system (c) proposal to issue iltunicipal Notes for financing (d) proposed first reading of$ 100,000 for principle payment of 1986

and$ 5,000 handling charges. (e) signing by the r~ayor and property owners of Deeds and/or Agreements

that may be necessary. City Attorney Lapsley presented the Deed of Gift, donating $ 50,000 land value to the City, represen­ting a contribution to the education of children in the City of Harrisonburg, by the owners, J.Grattan Lineweaver, Reba L. Long and LeRoy Lineweaver. The Gift of Land is comprised of 9.25 acres, situate on the south side of West f1arket Street. He noted some difference in acreage from the 1895 survey, to the present time. Attorney Lapsley then presented the Deed from the same parties, to the City of Harrisonburg, for a parcel of land comprised of 139.07 acres which adjoins the aforementioned parcel, and proposed to be purchased by the City. He noted that markings of the 1895 survey were very good, considering its age, and added that measurements were not off more than a foot or two. City Manager i1il am pointed out location of the acreage on a map, and noted that t~r. Grattan Lineweaver reserves lifetime rights to his home and surrounding acre which includes barn, garage and outbuildings. He added further that the owners would like to lease pasture land, until such time as the City begins its development. t1anager t1ilam pointed out that through acquisition of land for additional park area, the City has fulfilled its annexation commitment to add approximately 245 acres to the park system by year 1992, six years ahead of schedule. With regard to payment for the 139.07 acres, Manager Milam said that first reading of the principle payment for the 1986 in amount of$ 100,000 plus $ 5,000 handling charges, would be requested in this meeting, with the balance due of$ 400,000 to be paid in twelve (12) Municipal non-negotiable Notes over years 1987, 1988, 1989 and 1990, at an interest rate of 7%, which indebtedness of the City, will also require two readings. Council was informed that Wednesday, February 26th, has been scheduled as the date of final settlement on the land, which will be the day following Council's next regular meeting when second readings are acted upon. The second option for purchase of the land was renewed and will expire after Council's action. He notGrl that the City will pay a total of $ 570,000 over the next five years, representing $ 500,000 in principal and $ 70,000 in interest. Messrs. Gregory Geisert and School Superintendent Alan Hiner expressed appreciation to Council for its efforts to purchase the property, which is ideal as the site for a new school. f1anager Milam pointed out the fact that work toward a school had been underway over the past several years by the former School Superintendent, and had been studied by a committee of four, which included Vice-Mayor Dingledine and Council Member Shank, and lastly, to Mayor Green, who had negotiated the purchase through the owners, to this point. Vice-Mayor Dingledine offered a motion for a supplemental appropriation of$ 105,000, representing the principle payment for 1986 and handling charges, to be approved for a first reading, and that:

$ 105,000 chgd.to: General Fund- Unappropriated Fund Balance 100,000 approp.to: General Fund (9201-92.00) Debt Service-principle payment

for School and Park Land, 1986 5,000 approp.to: General Fund (9201-92.01) Debt Service- Handling Charges

The motion was seconded by Council t1ember Robinson, and adopted by a unanimous recorded vote of Council. Council Member Rhodes moved that the Municipal Notes in l - 12 series, in gross amount of $ 400,000 plus interest, be approved for a first reading, as follows:

Note #l J.Grattan Lineweaver $ 33,333.34 Due 3/l/87 7% interest Note #2 LeRoy Lineweaver 33,333.33 Due 3/l/87 7% interest Note #3 Reba L. Long 33,333.33 Due 3/l/87 7% interest Note #4 Reba L. Long 33,333.33 Due 3/l/88 7% interest Note #5 J. Grattan Lineweaver 33,333.33 Due 3/l /88 7% interest Note #6 LeRoy Lineweaver 33,333.34 Due 3/l/88 7% interest Note #7 Reba L. Long 33,333.34 Due 3/l/89 7% interest Note #8 J.Grattan Lineweaver 33,333.33 Due 3/l/89 7% interest Note #9 LeRoy Lineweaver 33,333.33 Due 3/l /89 7% interest Note #10 LeRoy Lineweaver 33,333.33 Due 3/l/90 7% interest Note #ll J.Grattan Lineweaver 33,333.33 Due 3/l/90 7% interest Note #12 Reba L. Long 33,333.34 Due 3/l/90 7% interest

The motion approving the Municipal Notes, l - 12 Series, was seconded by Council Member Shank and adopted by a unanimous recorded vote of Council. On motion of Council Member Rhodes, seconded by Council f~ember Robinson, and a unanimous vote of Council, the Hayor and Clerk were authorized to sign the Deed of Trust, at an appropriate time.

City Manager t1i lam called members' attention to their copies of information concerning the Innova­tion Center which is proposed through a joint venture of Rockingham Development Corporation and James Madison University, with assistance provided by the County of Rockingham and City of Harrisonburg. The information was made available when conference was held with Dr. Carrier. He noted that Mr. Warren

•

$ 1,524.82 chgd.to: General Fund (1901.01) Recoveries & Rebates 481. 33 approp.to: General Fund (3101-5500.01) Travel

1,043.49 approp.to: General Fund (3101-1001.05) Patrolman .

67

The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

~ouncil Member Shank moved that a supplemental appropriation in amount of$ 8,109.12, requested in order to transfer monies received from the Harrisonburg Parking Authority for additional work done while paving parking lot back of Harrison Plaza, be approved for second & final reading, a first reading having been approved on January 28th, and that:

$ 8,109.12 chgd.to: General Fund (1901.01) Recoveries & Rebates 8,109.12 approp.to: General Fund (8106-5400.01) Parking Auth.-Other Mat. & Supp.

The motion was seconded by Council ~1ember Robinson, and adopted by a unanimous recorded vote of Council.

/

~Council Member Shank offered a motion for a supplemental appropriation in amount of $26,854.54, requested by the Fire Chief in order to recover funds received from Rockingham County, for fire department expenses, to be approved for second & final reading, a first reading having been approved on January 28th, and that:

$ 26,854.54 chgd.to: General Fund (1901.01) Recoveries & Rebates 24,854.54 approp. to: General Fund (3201-1001.06) Dispatchers 2,000.00 approp.to: General Fund (3201-5400.01) Other Mat. & Supplies

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

~i ty Manager ~·1i lam presented a request from Mr. John Holsten, Superi ntenctent of the Resource Recovery Facility, for approval of a supplemental appropriation in amount of$ 4,077.84, in order to recover funds expended for repairs to steam engine from 1985 acci denL through reimbursement from an Insurance Company. Vice~Mayor Dingledine moved that the appropriation be approved for a first reading; and that:

$4,077.84 chgd.to: Sanitation Fund (1901.01) Recoveries & Rebates 4,077.84 approp.to: Sanitation Fund (l-3004.01) l~aint. & Repairs~ Mach. & Equip.

The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

~request was presented from Parks & Recreation Director Gilkerson for approval of a supplemental appropriation in amount of$ 5,550.83, in order to recover funds of Hilliam G. Hyers Armory expenses from D.E.Hiller services; John Lyons - painting interior/exterior; Glass & Metals - installing windows (reimbursement by the Dept.of Military Affairs). Vice-t~ayor Dingeldine moved that the appro­priation be approved for a first reading, and that:

$ 5,550.83 chgd.to: General Fund (1901.01) Recoveries & Rebates 5,550.83 approp.to: General Fund (7105-3004.04) Nat'l Guard Armory-

Rep/Haint.- Bldgs. & Grounds The motion was seconded by Council Member Robinson, and adopted by a unanimous r~corded vote of Council.

~or information, Assistant City Manager Driver reported record sales .in steam since opening of the Resource Recovery Facility in 1982, a lot of which is due to the contract which the City has with Rockingham County.

~essrs. Eugene Wiseman and Prentiss Shifflett were present in the meetinQ to express concern over the delay in installation of the sewer line on the north side of West Market Street, in that request had been made by petition in l~ay, 1985, with easements for installation already finalized. The City Manager was asked to check into the matter from the standpoint of some time element on the project.

Mayor Green called for a brief recess in order to await the arrival of Attorney Don Litten.

,/ 11hen the regular session was back in session, Manager 11ilam noted that l~r. Litten has been working, on behalf of the City, with Hr. George Aldhizer (attorney for Rockingham County), and meeting with representatives of the City's Engineerin9 Firm of \~iley & Hilson and the County's Engineering Firm of Johnson & 11illiams, as well as County Administrator O'Brien, regarding a request of the County for a water connection on Route 33 east, to extend to t1assanetta Springs, Sunnyside and Lakewood Estates. Attorney Litten said he preferred that the proposed contract, which hac! been prepared in conjunction with Attorney Aldhizer, to be reviewed by the County Board of Supervisors, prior to any public discussion and action by City Council.

At 9~45 p.m., Council Member Rhodes moved that Council enter an executive session to discuss a property matter. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

....

68 At ll :30 p.m., the executive session was

reconvened. There being no further business,

CLERK

closed, on motion duly adopted, and the regu1ar session the meeting was adjourned.

~~;b&~ 11AYOR~~ ~

Thursday, February 13, 1986

At a Special Meeting of Council held in the Council Chamber at 3:30 p.m. there were present: Mayor Walter F. Green, 3rd; City Manager Harvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-11ayor Raymond C. Dingledine,Jr. ,; Council 11embers Elon W. Rhodes, Thomas H. Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none.

/City Manager 11ilam read the following Special Meeting Call, which had been signed by all members: An emergency existing, there will he a special meeting of the City

Council, called by the Mayor, to he held in the Council Chamber on Thursday, February 13, 1986, at 3:30p.m., to consider the following matters and take necessary action thereon: 1. Rockingham County Board of Supervisors request a water connection

on East Market Street (Route 33 East) that would extend to Massanetta Springs, Sunnyside, and Lakewood Estates.

2. Other .matters. Manager Milam called attention to preliminary plans which were submitted to the Engineer's Office in October of last year, and noted that the only change being that of a meter vault proposed to be installed near the corporate limit line. The proposal provides for the County to extend its 12" water line to the meter vault, with a 12 x 6" reducer which will go to a 6" pressure sustaining valve. If water pressure drops below 30# pressure on the city's side, the valve will close and not open until the pressure builds up. There will be a combination of maters, with a 4" or 6" meter (size to be determined by the county), to be installed by the County, with maintenance of same by the city. In addition to a verbal agreement, it has been determined that a 4" by-pass line will be installed, with 2 valves and a l" meter. The Agreement, as amended, was prepared by Attorneys Don Litten and George Aldhizer (city's special counsel and county's attorney, respectively), following review of the amended plan by City Engineer Wilcox, Water Superintendent Yancey, the engineering firm of Wiley & l~ilson, Mr. John Steadman (city's consulting engineer) and a Hater Specialist. Attorney Litten informed Council that the County has authorized execution of the Amended Agreement, and are ready to sign same, inasmuch as it has been approved by the Board of Supervisors. Manager Milam traced the proposed water line on a map, and said that to his knowledge, there were no changes from the original agreement, other than installation of a metering vault. He presented the following Amended Agreement for Council's consideration:

AMENDED AGREEMENT This amended agreement is made and entered into this 13th day of February,

1986 between the City of Harrisonburg, a municipal corporation of the Common­wealth of Virginia (the "City") and the County of RockinghoJn, a county of the Commonwealth of Virginia (the "County"). PREAMBLE

A. The City and County entered into a contract dated January 24, 19?8 for the furnishing of water from the City's water distribution system to the County for resale by the County to water customers located within the County as more specifically provided in that contract.

B. As a result of an annexation proceeding commenced by the City of Harrison­burg and the annexation of certain lands of the county by the city effective January 1, 1983, certain rights and obligations under the 19?8 agreement were modified by the Court by granting to the City certain water lines and facilities formerly within the County as well as the return to the City of certain customers formerly granted to the County under the 19?i agreement.

C. The 19?8 agreement was amended by the parties by writing dated April 25, 1984, in which the requirement of the County to pay the City a minimum charge of $400 per month was deleted from the 1978 agreement.

D. The 19?8 agreement provides for the City to furn~sh 648,000 gallons of water per day to the County.

E. The County has requested a connection at a location on Chestnut Ridge and the City is unable to furnish 648,000 gallons per day at such connection point.

F. It is necessary to amend and clarify the 1978 agreement as to the Chestnut Ridge connection.

THEREFORE it is agreed as follows: 1. The City consents for the County to connect a 12" line to the existing

City water line located near the fire station on Chestnut Ridge on the southern side of East Market Street or U.S.Route 33 near the eastern city limits (the "Chestnut Ridge connection"). The connection shall he at the expense of the County and the vault, meter, pressure system valves and appurtenances shall he con­structed by the County according to the specifications or sketch attached to this agreement as "Exhibit A" ("appaYatus") which shall he located in the County near the City Limits. ·

2. City agrees to furnish initially to the County at the Chestnut Ridge location point 180,000 gallons of water per day average flow at more than 30 pounds per square inch. Average flow means the quantity of water delivered in a 24 hour day at a rate of said quantity divided by 1440 minutes per day. In this instance this will equate to 125 gallons per minute.

3. In the event of any fire, other emergency, or accident, either in the City or the County, both parties agree to cooperate with each other and make every effort to furnish all necessary water to the party experiencing the difficulty. Specifically the City agrees to increase the volume and flow to the extent possible during the period of emergency. In addition, City shall

make all reasonable efforts to keep the present 500,000 gallon tank on Chestnut

( 68

~·

At 11:30 p.m., the executive session was reconvened. There being no further business,

closed, on motion. duly adopted, and the regular session the meeting was adjourned.

CLERK ~~~"P~ r1AYOR .

Thursday, February 13, 1986

At a Special Meeting of Council held in the Council Chamber at 3:30 p.m. there were present: Mayor Walter F. Green, 3rd; City Manager r1arvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-11ayor Raymond C. Dingledine,Jr.,; Council Members Elon W. Rhodes, Thomas H. Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none.

/City Manager r1ilam read the following Special Meeting Call, which had been signed by all members: An emergency existing, there wiU be a special meeting of the City

Council, called by the Mayor, to be held in the Council Chamber on Thursday, February 13, 1986, at 3:30p.m., to consider the following matters and take necessary action thereon: 1. Rockingham County Board of Supervisors request a water connection

on East Market Street (Route 33 East) that would extend to Massanetta Springs, Sunnyside, and Lakewood Estates.

2. Other .matters. Manager Milam called attention to preliminary plans which were submitted to the Engineer's Office in October of last year, and noted that the only change being that of a meter vault proposed to be installed near the corporate limit 1 ine. The proposal provides for the County to extend its 12" water line to the meter vault, with a 12 x 6" reducer which will go to a 6" pressure sustaining valve. If water pressure drops below 30# pressure on the city's side, the valve will close and not open until the pressure builds up. There will be a combination of maters, with a 4" or 6" meter (size to be determined by the county), to be installed by the County, with maintenance of same by the city. In addition to a verbal agreement, it has been determined that a 4" by-pass line will be installed, with 2 valves and a l" meter. The Agreement, as amended, was prepared by Attorneys Don Litten and George Aldhizer (city's special counsel and county's attorney, respectively), following review of the amended plan by City Engineer Wilcox, Liater Superintendent Yancey, the engineering firm of Wiley & Wilson, Mr. John Steadman (city's consulting engineer) and a Hater Specialist. Attorney Litten informed Council that the County has authorized execution of the Amended Agreement, and are ready to sign same, inasmuch as it has been approved by the Board of Supervisors. Manager Mil am traced the proposed water 1 ine on a map, and said that to his knowledge, there were no changes from the original agreement, other than installation of a metering vault. He presented the following Amended Agreement for Council's consideration:

AMENDED AGREEMENT This amended agreement is made and entered into this 13th day of February,

1986 between the City of Harrisonburg, a municipal corporation of the Common­wealth of Virginia (the "City") and the County of Rockingham, a county of the Commonwealth of Virginia (the "County"). PREAMBLE

A. The City and County entered into a contract dated January 24, 197 8 for the furnishing of water from the City's water distribution system to the County for resale by the County to water customers located within the County as more specifically provided in that contract.

B. As a result of an annexation proceeding commenced by the City of Harrison­burg and the annexation of certain lands of the county by the city effective January 1, 1983, certain rights and obligations under the 1978 agreement were modified by the Court by granting to the City certain water lines and facilities formerly within the County as well as the return to the City of certain customers formerly granted to the County under the 19?i agreement.

C. The 19?8 agreement was amended by the parties by writing dated April 25, 1984, in which the requirement of the County to pay the City a minimum charge of $400 per month was deleted from the 19?8 agreement.

D. The 19?8 agreement provides for the City to furnish 648,000 gallons of water per day to the County.

E. The County has requested a connection at a location on Chestnut Ridge and the City is unable to furnish 648,000 gallons per day at such connection point.

F. It is necessary to amend and clarify the 19?8 agreement as to the Chestnut Ridge connection.

THEREFORE it is agreed as follows: 1. The City consents for the County to connect a 12" line to the existing

City water line located near the fire station on Chestnut Ridge on the southern side of East Market Street or U.S.Route 33 near the eastern city limits (the "Chestnut Ridge connection"). The connection shall be at the expense of the County and the vault, meter, pressure system valves and appurtenances shall be con­structed by the County according to the specifications or sketch attached to this agreement as "Exhibit A" ("apparatus") which shall be located in the County near the City Limits. ·

2. City agrees to furnish initially to the County at the Chestnut Ridge location point 180,000 gallons of water per·day average flow at more than 30 pounds per square inch. Average flow means the quantity of water delivered in a 24 hour day at a rate of said quantity divided by 1440 minutes per day. In this instance this will equate to 125 gallons per minute.

3. In the event of any fire, other emergency, or accident, either in the City or the County, both parties agree to cooperate with each other and make every effort to furnish all necessary water to the party experiencing the difficulty. Specifically the City agrees to increase the volume and flow to the extent possible during the period of emergency. In addition, City shall

make all reasonable efforts to keep the present 500,000 gallon tank on Chestnut

Ridge substa;nt{;CJ;lly filled at aU times. Further, if the pressure to the County ever faUs to 30 pounds per square inch or below, the City wiU commence work as soon as reasonably possible to restore the pressure to more than 30 pounds per square inch and such work shall be diligently pursued until completed. In the event of a fire in the City in the area served by the Chestnut Ridge tank (the City's second high pressure level) County agrees to cooperate and, if necessary, restrict its use of water during .the period of the fire.

4. The parties confirm that the maximum combined volume of water than the City shall be required to furnish the County at all connection points is 648,000 gallons per day so that whatever water is used at the Chestnut Ridge connection shall be deducted from 648,000 gallons per day.

5. The City presently has plans to upgrade its water system by the in­stallation of a 12 inch water line (the "Ridgeville line)) which is to be located in the general area of Chestnut Ridge, the construction of which shall be completed by December 31, 1987. After the Ridgeville line is completed the City will be able to make available to County 648,000 gallons of wa.f;er per day on an average flow basis at more than 30 pounds per square inch at the Chestnut Ridge connection.

6. During construction of the apparatus shown in Exhibit A and the con­nectio~ the City shall have the right to inspect the work.

7. The County will provide a parking area sufficient for a service vehicle near the apparatus.

B. The City will perform regular routine maintenance on the apparatus shown in Exhibit A.

9. When the flow of water purchased by the County at the Chestnut Ridge connection reaches 150,000 gallons per day averaged over a 3 month period, the County agrees that it will commence construction of a storage tank of a size sufficient (in Cqunty 's opinion) to meet its design peak flow and fire flow requirements and at a site to be determined by the.County and such construction shall be diligently pursued until completed.

iO. It is confirmed that the City shall furnish the water required under the 1978 agreement (a total of 648,000 gallons average flow at aU combined County connection points) at no cost to the County except for payment of the purchase price of water specified in the 19?8 agreement and for such other costs as the 197i agreement provides. The County understands and confirms however that the City wiU not be expected to spend unreasonable sums in de­livering peak flow to the Chestnut Ridge connection and the County accepts the peak flows available from the City's system. "Pf!ak flow" as used in this agreement means a flow up to t:Wo and one half times the average flow available to the County under this agreement. In this instance under this agreement, the peak flow is now 312.5 gallons per minute, and after the Ridgeville line up­grading by the City, the peak flow beginning January 1, 1988 wiU be 1,125 gallons per minutes. The City for its part agrees that it wiU not permit additional connections at a location currently connected by the County which would decrease its ability to furnish the requirements of the County in ac­cordance with the 19?8 agreement and this amendment.

11. Except as amended by this agreement, the 1984 amendment, and the order of the Annexation Court, all of the terms and provisions of the 1978 agreement remain firm and stable and in full force and effect.

IN WITNESS WHEREOF, the City has caused this agreement to be signed in its name and on its behalf by its mayor, attested by its clerk, as thereunto duly authorized by the city council; and the County has caused this agreement to be signed in its name and on its behalf by its chairman, attested by its county administrator, as thereunto duly authorized by the board of supervisors.

CITY OF HARRISONBURG by Mayor

Attest: Clerk --'-----

COUNTY OF ROCKINGHAM ·sy Chmn, Bd.of Supervisors

Attest:

69

County Administrator Vice-Mayor Di::cn:::g'l eccd:;c1,-,. n=-=e=--=o""f"f"'e::'red a motion for Council to approve the amended agreement between the City of Harrisonburg and County of Rockingham. The motion was seconded by Council Member Robinson. The Clerk then called the roll for a recorded vote on the motion. Voting "aye", Council Members Rhodes, Robinson, Shank and Dingledine. Mayor Green stated that: "The city system plan, now over 20 years old, was designed for 20 years. Contrary to Council's request for a joint city-county update plan for water delivery to the East Corridor, with no agreement as to increasing supply, treatment center and delivery across town from west to east, and because this is an increased financial burden on the citizens of Harrisonburg whereby we are selling bulk water for the county's resale below the city's cost, I vote 'no'". The motion was adopted by a majority affirmative vote: 4 to l.

There being no further business and on motion of Council Member Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the meeting was adjourned at 3:42 p.m.

~~~~ CLERK~ ~~~{) . ~1AYOR~

Tuesday, February 25, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:.30 there were present: Mayor Walter F. Green, 3rd; City Manager Marvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene lDker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none .

... ~--------------

Ridge szibstantiaUy filled at aU times. Further, if the pressure to the County ever faUs to 30 pounds per square inch or below, the City wiU ·commence work as soon as reasonably possible to restore the pressure to more than 30 pounds per square inch and such work shall he diligently pursued until completed. In the event of a fire in the City in the area served by the Chestnut Ridge tank (the City's second high pressure level) County agrees to cooperate and, if necessary, restrict its use of water during .the period of the fire.

4. The parties confirm that the ma:cimum combined volume of water than the City shall he required to furnish the County at all connection points is 648,000 gal~ons per dqy so that whatever water is used at the Chestnut Ridge connection shall he deducted from 648,000 gallons per day.

5. The City presently has plans to upgrade its water system by the in­stallation of a 12 inch water line (the "Ridgeville line)) which is to be located in the general area of Chestnut Ridge, the construction of which shall be completed by December 31, 1987. After the Ridgeville line is completed the City will be able to make available to County 648,000 gallons of water per day on an average flow basis at more than 30 pounds per square inch at the Chestnut Ridge connection.

6. During construction of the appo~atus shown in Exhibit A and the con­nection the City shall have the right to inspect the work.

?. The County will provide a parking area sufficient for a service vehicle neat' the apparatus.

8. The City will perform regular routine maintenance on the apparatus shown in Exhibit A.

9. When the flow of water pu:vchased by the County at the Chestnut Ridge connection reaches 150,000 gallons per day averaged over a 3 month period, the County agrees that it wiU commence construction of a storage tank of a size sufficient (in County's opinion) to meet its design peak flow and fire flow requirements and at a site to be determined by the.County and such construction shaU be diligently pursued until completed.

iO. It is confirmed that the City shall furnish the water required undet' the 19?8 agreement (a total of 648,000 gallons avet'age flow at aU combined County connection points) at no cost to the County except for payment of the purchase price of water specified in the 19?8 agreement and for such other costs as the 197i agreement provides. The County understands and confirms · however that the City wiU not beexpected to spend unreasonable sums in de­livering peak flow to the Chestnut Ridge connection and. the County accepts the peak flows available from the City's system. "P13ak flow" as used in this agreement means a flow up to two and one half times the average flow available to the County under this agreement. In this instance under this agreement, the peak flow is now 312.5 gallons per minute, and after the Ridgeville line up­grading by the City, the peak flow beginning January 1, 1988 wiU be 1,125 gallons per minutes. The City for its part agrees that it wiU not permit additional connections at a location currently connected by the County which would decrease its ability to furnish the requirements of the County in ac­cordance with the 19?8 agreement and this amendment.

11. Except as amended by this agreement, the 1984 amendment, and the order of the Annexation Court, all of the terms and provisions of the 1978 agreement remain firm and stable and in full force and effect.

IN WITNESS WHEREOF, the City has caused this agreement to be signed in its name and on its behalf by its mayor, attested by its clerk, as thereunto duly authorized by the city council; and the County has caused this agreement to be signed in its name and on its behalf by its chairman, attested by its county administrator, as thereunto duly authorized by the hoard of supervisors.

CITY OF HARRISONBURG by Mayor

Attest: ------------~Clerk

COUNTY OF ROCKINGHAM BY Chmn, Ed. of Supervisors

Attest:

69

County Administrator Vice-Mayor Dic:n-=g'l-=e"d"in=-e::-:o"f"'f'"'e-::cre:d a motion for Council to approve the amended agreement between the City of Harrisonburg and County of Rockingham. The motion was seconded by Council Member ~obinson. The Clerk then ca 11 ed the ro 11 for a recorded vote on the motion. Voting "aye", Council Members Rhodes, Robinson, Shank and Dingledine. Mayor Green stated that: "The city system plan, now over 20 years old, was designed for 20 years. Contrary to Council's request for a joint city-county update plan for water delivery to the East Corridor, with no agreement as to increasing supply, treatment center and delivery across town from west to east, and because this is an increased financial burden on the citizens of Harrisonburg whereby we are selling bulk water for the county's resale below the city's cost, I vote 'no'". The motion was adopted by a majority affirmative vote: 4 to 1.

There being no further business and on motion of Council Member Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the meeting was adjourned at 3:.42 p.m.

if!~~~ CLERK~ .~~~eO Tuesday, February 25, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Marvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-M:ayor RaynDnd C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none .

... ~----------------------

70 Minutes of the regular meeting held on February llth and special meeting held on February 13th,

were approved as read.

~e City Auditor's financial report for month of January was received, and ordered filed.

· Mr. James Yarger of Yarger Associates, Inc., Falls Church, Virginia, was present in the meeting to present highlights from the Position Classification & Pay Plan, which was prepared by his firm, and approved by Council at the January 28th meeting. He noted that Pay Plans change considerably over the years, and offered an opinion that it is well to keep them up-to-date periodically. In preparation of the report, ~rr. Yarger said that qualified personnel was recruited to review duties and responsibilities of the various positions, as submitted, with effort made to see that positions were comparable with areas over the Shenandoah Valley, He presented sheets setting out corrections relating to the relationship between the Police and Fire Departments, which represents the only change in the report. City l.t!anager Milam pointed out that the report was approved, to be used as a guide in the preparation of next year's budget. He called attention to the various areas which were used, in a comparison of the various positions, and said that one problem which exists, is that a number of the 357 positions surveyed, are currently over the maximum pay, as set out in the report, which problem will have to be handled by Council. Mayor Green expressed appreciation to Mr. Yarger for his report.

~Council received the Report on Audit, Fiscal Year ended 6/30/85, for the County of Rockingham/ City of Harrisonburg General District Court, as prepared and submitted by the Auditor of Public Accounts. City Manager Milam noted receipts in amount of $ 97,868. and disbursements of $ 97,838. for the City of Harrisonburg, and said that a copy of the report would be. on file in his office for review, if so desired.

~ouncil's attention was called to the Report on Audit for Fiscal Year ended 6/30/85 for the Juvenile & Domestic Relations. District Court, prepared and submitted by the Auditor of Public Accounts. City Manager Milam pointed out that the Court is located on the second floor of the Harrisonburg Police Station, and noted receipts and disbursements for the City in amount of $ 5,379 for last fiscal year. A copy of the report will be available for review.

~Correspondence was presented from Ms. Jane Moss, Festival Coordinator for the Virginia Poultry Federation, Inc., advising that plans are underway for the 16th annual Virginia Poultry Festival Week to be held here in Harrisonburg, !1ay 13 - 18, 1986. Request was made for permission to erect a banner across !.run Street the first part of May to advertise the Festival Parade and Fund Day, with second request to again be permitted to issue permits for vendors to sell concessions on Parade Day, Saturday, May 17th. City lt!anager Milam reminded Council that discontinuance of erecting banners across Main Street had been approved, with exception of the banner advertising the Poultry Festival, due to problems which had been encountered. He added the fact that Commissioner of Revenue Smith has no objection to issuance of vendor's permits by the Federation, which had been permitted over the past several years. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, an~ unanimous vote of Council: both requests of the Virginia Poultry Federation, were approved,

Messrs. Douglas Flory, Walter Heyer and Clarence Guyer were present in the meeting to present each member of Council with a packet of information, and to report concerning the Museum of American Frontier Culture. The project was started about 10 years ago, and the Governor, on authorization of the General Assembly, has set aside land at the junction of Interstate Highways I-64 and I-81 in Augusta County near Staunton, as the site for the Museum. Four farms will be featured, namely: English, Scotch Irish, German and Appalachian. The first phase of the Museum will be completed by the spring of 1988 and it is hoped that limited tours may be offered in 1987. The Museum will give people outside the Valley, knowledge of our heritage and culture, with an estimate of 225,000 tourists .visiting the Museum each year. Programs are being developed with the various schools, colleges and universities, to provide learning of the entire history of the Shenandoah Valley. Council was informed that the$ 500,000 goal which was initially established for the Shenandoah Valley regional campaign has been reached, and increased to $ 700,000. These funds will be included as part of the overall $3 million national level of funding needed to complete the project. According to the representatives, the Museum will be influential in putting additional funds back into the various areas, including Harrisonburg. Request was made for an annual contribution of $ 25,000 over the next three years, from the City of Harrisonburg, in slipport of the Museum. When Vice-Mayor Dingledine asked what the total project cost would be, lrr. Heyer said between 4 l/2 and 5 million dollars, with $ 1.7 million in funding before the CRneral Assembly to get the site work underway. Once established, the Museum will be a self sustaining institution. An increase in the contribution request was noted, from a total request of $ 25,000 over a 3-year period in June 1985 when request was first made, and this evening's request of a total of $ 75,000 over a 3-year period. Following the presentation, Mayor Green said "we wish you well, but this is the time of year when we have to see what dollars we can come up with", referring to the City's 1986-87 budget.

~ Assistant City Manager John Driver said that inasmuch as this would be his last meeting as an employee of the City of Harrisonburg, he would like to say he had enjoyed the meetings for more than 26 years. He noted that only three Mayors,serving the City for longer than that period of time, speaks well of the City: the late Mayor Frank Switzer, who was a strong promoter of Urban Renewal; former Mayor Roy Erickson, who was a believer in annexation and his relationship with city employees and Mayor Walter Green, 3rd, who has recently negotiated for the purchase of land for the School Board and Recreation Department. As of Friday, February 28th, l.rr. Driver said he would be retiring as Harrisqnburg's first Assistant City Manager. Mayor Green wished l.rr. Driver well in his retirement, and invited him back, to share his expertise. Vice-Mayor Dingledine concurred, and expressed appre­ciation for the fine services he had rendered.

/ Ms. Betty Redmond, Nurse Manager, Central Shenandoah Health District, was present in the meeting to p~sent an annual repo1~ on nursing activities at the Harrisonburg-Rockingham Health Department.

/City lt!anager Milam requested that Council take final action with regard to purchase of land on the south side of West lklrket Street, namely: second reading of supplemental appropriation in amount of$ 105,000, representing the principle payment for 1986 and handling charges, and second reading · of twelve (12) Municipal Notes totaling $ 400,000, payable over the next four years (1987, 1988, 1989 and 1990) to owners J. Grattan Lineweaver, LeRoy Lineweaver and Reba L. Long. He noted that the family

71 would be contacted concerning the pos$ibility ot :final settlement tO!I)Orrow afternoon.. Manager Milam made reminder that the Mayor and Clerk had been granted authorization to sign the Deed of Trust, at the last meeting of Council, and added th!" fact that the completed appraisal of the Gift of Land will be presented at the closing. Council Merriber Rhodes moved that the appropriation of $105,000 be approved for second & final reading, a first reading having been approved on February 11th, and that:

$ 105,000 chgd.to: General Fund-. Unappropriated Fund Balance 100,000 approp.to: General Fund (9201-92.00) Debt Serv.-Principle Payment for

School & Park Land, 1986 5,000 approp.to: C,eneral Fund (9201-92.01) Debt Serv.- Handling Charges

The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council. Manager Milam noted that three separate checks would be drawn for presentation to the owners at tomorrow's closing. Vice-Mayor Dingledine then offered a motion for the twelve Municipal Notes totaling $ 400,000@ 7% interest rate, to be approved for second & final reading, a first reading having been approved on February 11th. The motion was seconded by Council Merriber Robinson, and adopted by a. unanimous recorded vote of Council. Inasmuch as all necessary action bad been completed concerning the purchase of land for a new school site and additional park land, City Attorney Lapsley said that all documents would be properly recorded, following tomorrow's closing.

/ Council received the following Planning Ccmnission report from its February 19th meeting: 11 ••• The Director described the history of zoning boundaries cmd the

changes of City Limits as a result of the 1983 annexation. Dr. Joseph Gardner, owner of a one-acre parcel on the north side of .Old Furnace Road approximately 550 1 east of Vine Street, requests that the western one-third of his property he rezoned from R-2 to R-3 Multiple Dwelling District. After annexation, approximately 1/3 of the property remained in the county, hut zoned R-3, and 1/3 of the prcrperty waszoned R-3 by the City. Dr. Gardner told the Commissioners that since annexation, he is paying taxes to the City on the entire tract.

Mr. Rhodes stated that he felt the City should correct this oversight, regarding the splitting of the parcel by a zoning line. He then moved for the Commission to recommend rezoning of the western 1/3 of the Joseph Gardner parcel from R-2 Residential to R-3 Multiple Dwelling District. Mr. Heath seconded the motion which passed unanimously ..• 11

Inasmuch as a public hearing must be held on all zoning issues, Council Member Shank offered a motion for a Hearing to be scheduled for Tuesday, H.arch 25, 1986, 7:30 p.m, The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council. City Manager Milam was instructed to properly advertise the Public Hearing.

~e following Planning Commission report from its February 19th meeting was presented: 11 ••• After reading the PUblic Hearing Notice, the Director pointed out on

the City's Official Land Use Map and Community Facilities Map where 148 acres of undeveloped land is located, between West Market Street and Hillandale Park, and where 45 additional acres of undeveloped land is located adjacent to the future park to he developed near Smithland Road and Old Furnace Road. All of these additions of City-owned properties are the result of recent acquisitions by City Council. The Planning Commission had endorsed the purchases on Smithland Road and near Old Furnace Road. The 148-acre addition, for park expansion and as a location for a new intermediate school, fits in generally with the Land Use Plan's concept of eventually connecting Hillandale and Westover Parks,. at least with a trail or roadway in the future. The Director concluded his explanation by noting that the Land Use Plan and the Community Facilities Plan are of prime importance and the Planning Commission is responsible for its contents, which serve as the key guide for zoning and other municipal decisions.

No one spoke on the subject. Mr. Heath stated we are really bringing the maps up to date, to reflect what now exists in City-owned properties. He then moved for the Commission to recommend approval of the map amendments regarding new City-owned land. Mr. Rhodes seconded the motion which passed unanimously ••• 11

City Manager Milam pointed out location of the additional city-owned lands referred to in the Corrmis­sion's report, noting that final action had been taken, earlier in this meeting, on the most recently land acquired by the City on the south side of West Market Street. Vice-Mayor Dingledine offered a motion for the recommendation of the Planning Canmission to amend city maps, to be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

/city Manager Hilam presented the following Planning Commission report from its February 19th meeting: · ·

11 ••• The Commissioners were oriented to em overall map of Portland East Sub­

division, and the Director pointed out the location of proposed Unit 4, with 21 single family lots. Surveyor Robert Funk explained to the Commissioners why the layout includes an 11.4% grade on Springfield Drive, and a relatively sharp curve near the entrance to this section. Also, the. developers are aware that pro­posed Lot 18 is crossed by easements, limiting the buildable area on said lot. Mr. Sullivan added that the land is zoned R-1 Single Family Residential, and the design or layout being considered was originally presented to the county as was the existing Portland East Subdivision.

Mr. Heath moved for the Commission to recommend approval of the Final Plan for Portland East Subdivision, Unit 4, and variances he granted regarding the radius curve and grade on Springfield Drive. Mr. Rhodes seconded the motion which passed unanimously •• . 11

City Manager Milam called attention to the Subdivision Review Sheet and maps of Portland East, Unit 4, attached to. the report. Council Member Rhodes, a member of the Planning Cocmission, noted that the only problem which the Commission had with its recommendation for approval, was cleared up with tbe granting of variances on the radius curve. He offered a motion for the recommendation of the Planning Corrmission to be approved. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

/Council received bid tabulation for the Switchboard Road Collector, prepared by City Engineer

-------------------------~·

72 Arthur Wilcox. The low Base Bid of $ 37,470 was submitted by M.E.Humpbries, G.C., Stuarts Draft, Virginia. Three other bids were submitted as follows: Atlantic Coast Contractors, $ 39,39·9,65; Aaron T. Conner, G.C., $ 49,000; and ~1onger Bros. Contracting, $ 69,298. Although the project is not required for canpletion, under Annexation Orders, until year 1990, Mr. Wilcox recommended that the low bid be approved, as soon as possible, in order that a contract may be let, with construction completed prior to "garden time", and added that the Route 33 West Sewer Interceptor had been requested by property owners due to failing septic systems. Council was reminded by the City Manager that a petition from property owners on the north side of West Market Street, was presented in May of last year, with easements then acquired for the project. Several inquiries have been received, since that time, as to when installation of the sewer line may be expected. Council Member Rhodes offered a motion for the low bid of $ 37,470 submitted by M.E.Humpbries, to be approved, with authorization for the City Engineer to award the contract. The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

/vice-Mayor Dingledine moved that a supplenental appropriation in amount of $ 4,077.84, in order to recover funds expended for repairs to damaged steam engine, through reimbursement from an Insurance Company, be approved for second & final reading, a first reading having been approved on February 11th, and that:

$ 4,077.84 chgd.to: General Fund (1901.01) Recoveries & Rebates 4,077.84 approp.to: \Rneral Fund (3004.01) Maint. & Repairs- Mach. & Equip.

The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

/Council Member Shank moved that a supplemental appropriation in amount of $ 5,550.83 to recover funds of William G. Myers Armory expenses, from various sources, be approved for second & final reading, a first reading having been approved on February llth, and that:

$ 5,550.83 chgd.to: General Fund (1901.01) Recoveries & Rebates 5,550.83 approp.to: \Rneral Fund (7105-3004.04) Nat'l Guard Armory~

Repairs/ Maint.- Bldgs. & Grnds. The motion was seconded by Council member Rhodes, and adopted by a unanimous recorded vote of Council.

/vice-Mayor Dingledine moved that a supplemental appropriation in ·amount of $ 5,000, representing the City's contribution toward initiation of the Innovation Center Project, be approved for second & final reading, a first reading having been approved on February llth, and that:

$ 5,000 chgd.to: General Fund- Unappropriated Fund Balance 5,000 approp.to: General Fund (9104-5605.07) Support of Community & Civic Org.­

Business Innovation Center The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

~A request was presented from Assistant City Manager Driver for approval of a supplemental appro­priation in amount of $ 5,000 which is needed to complete funding for the contract to install lights at Memorial Stadium. Council was reminded that the amount of $ 35,000 had been appropriated for the project and that the amount of contract awarded, exceeded that amount by$ 3,280. !kr. Driver pointed out that an additional amount of$ 1,729 is needed to change the light switches from a pole in the outfield to the press box in the stadium. The total cost of $ 40,000 for the project, places the lighting system at Memorial Stadium in first class condition. Council Member Shank moved that the appropriation be approved for a first reading, and that:

$ 5,000 chgd.to: General Fund- Unappropriated Fund Balance 5,000 approp.to: \Rneral Fund (9104-5605.06) Non-Departmental- Memorial Stadium

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

/City Manager Hilam called attention to correspondence of February 14th from Ms. Peggy Martz, Consultant, Continental Telephone Company, re the Enhanced 911 Emergency Services System, with cost proposal for Rockingham County and the City()f Harrisonburg, attached. It was noted that the March 1988 cutover date could only be preserved if final authorization is received from the City and County by March 31, 1986. The next available cutover date would be 1989 or 1990. Fire Chief Shifflett noted that Council can approve or disapprove the proposal, or table the matter until June. In order to secure the 1988 cutover, he suggested that a public hearing be scheduled, with action then taken concerning whether or not to initiate the System. Chief Shifflett said that the System would add 52<;' to each customer's monthly phone bill, the first year, and 67<;' per month thereafter. He offered an opinion that it is a worthwhile system and cited its value in pinpointing directions or addresses of an emergency, when not given clearly. All information will be shown on a small computer screen. Manager Milam questioned how the financial portion would be handled: i.e. if the company would bill each customer and write the city a check, then bill the city, with the city, in turn, writing the company a check. Chief Shifflett said the County's next meeting is tomorrow, with action to approve the System, antifipated. On motion of Council Member Shank, seconded by Council Member Rhodes, and a unanimous vote of Council, a Public Hearing was scheduled for Tuesday, March 11, 1986.

~Council Member Rhodes noted that inasmuch as the City is purchasing land on West Market Street for a new school, and had purchased properties along West Bruce Street a number of years ago adjacent to the Harrisonburg High School property, he would suggest that the School Board be contacted re the possibility of putting the Bruce Street properties back on the City's tax base. The City Manager was asked to contact School Superintendent Alan Hiner concerning the possibility of selling the properties in order that they may revert back to private use.

At 9:40p.m., on motion of Vice-Mayor Dingledine, seconded by Council Member Rhodes, and a unanimous vote, Council entered an executive session to discuss personnel, finance and a legal matter.

At 10:35 p.m., on motion duly adopted, the executive session was closed and the regular reconvened. There being no further business, the meeting was adjourned.

7l f21&Yrz/ ~v 'T~C lLE:RK- ' Y14L~AiWOR ~~~~

session

7:3

Tuesday, March 1l, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Harvin B. Milam; City Attorney Norvell A,Lapsley; Clerk N. Arlene lDker; Vice-Mayor Rayrilond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on February 25th were approved as read.

The following regular monthly reports were presented and ordered filed: From the City Manager:

A report of activities in the various departments and said office for the month of February, 1986. From the City Treasurer:

A trial balance report as of close of business on February 28, 1986. From the Police Department:

A report of Fines & Costs, $ 7,162.82; Cash Collec~ed from Street Parking Meters, $ 6,073.05; Total collected and turned over to Treasurer, $ 13,235.87 for month of February, 1986. From the City Auditor:

A financial report for month of February, 1986. A report of cash discounts saved in payment of vendor's invoices in total

amount of $ 322.46 for month of February, 1986. From the Department of Utility Billing: ·

A report of water, sewer & refuse accounts; meters read; installations; cut delinquents; complaints; re-reads, etc. for month of February, 1986.

/Through correspondence of 3/6/86 from Mr. Jim Monger, request was made for the closing of a 15' alley running east and west from Grattan to Lewis Streets, and bordering Monger property on both sides. It was noted that a Plan of Development would be sent to the Planning Office. On IIDtion of Council Mffiiber Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the request was referred to t he City Planning Commission for review and report.

~City Planning Director Sullivan was present in the meeting to present a verbal report re Zoning Amendments. He noted that Dr. Joseph Enedy, Chairman of the Planning Conmission, would be present at the March 25th meeting for a follow-up report, and then sunmarized the review process as follows: The City Zoning Map was thoroughly reviewed in 1983. Zoning Texts have been amended several times since 1963, in that in 1962, there was a sizeable annexation of area by the City. Bartholomew & Associates updated the Zoning and Map. Amendments to the Zoning Text Ordinance were made in the late 1960s and three times in the 70s. In 1984, the Text was amended to include a district for Mobile Home Developments. The Commission was asked to review the zoning, particularly the Residential Districts, from the standpoint of parking and density. Some suggested amendments for Residential Districts were received from the Old Town Homeowners' Association, and rather than act on those at this time, the Commission felt it would be appropriate to review the ordinance, page by page. In January 1986, a study was begun by Chairman Enedy, Building Official Byrd and the Planning Director, to determine liow to proceed in an orderly fashion. Contact was made with Mr. John Cofer of Richmond, who was an expert witness in annexation on the City's zoning matters. He came to Harrisonburg, and with the Committee, toured the City. When he left, he took the City's Zoning Map and Ordinance, to discuss them in detail, along with several suggested additions to the ordinance (i.e organization of the ordinance). This was reported to the Planning Commission, with nothing for them to go over, in that the trip was made in February. A letter was received from Mr. Cofer, and the Committee spent three days re-writing the ordinance, after reading each sentence and under-lining things to ask Mr.Cofer. The .Commission is in the initial stage of the 58 page ordinance, which is less than half-way through the study. Mr. Sullivan said it is hoped that a rough draft may be presented to the Commission at its ·April meeting, in that it cannot be ready by this Wednesday's meeting. He noted that the normal process is a public hearing by the Planning Commission and then referral to Council for a second hearing, with a joint Hearing by the two bodies, at times. A Public Hearinc will bring forth some additional suggestions. Dr. Enedy is on spring break from JMU, and Mr. Sullivan said he wanted to thank him for his time and help. Mayor Green expressed appreciation to Mr. Sullivan for his update report.

~ Mr. John Driver, a representative of Harrisonburg on the Regional Sewer Authority, referred to a report by Attorney Don Litten, with recommendations. He noted that in January, February and March, 1984, the Authority was in violation of the National Code. The State Water Control Board issued a Consent Order. to be signed, to being the plant into compliance with their regulations. Dr. Jennelle of the firm of Dewberry & Davis, signed the Consent Order in August 1985, after several months of study. Table progress had to be given, in order to be in compliance by year 1988. Several options were made available to the firm, with a hope that plans may be ready by April 15th, setting out a solution. He noted that a $ 1.5 million Holding Pond would be only a temporary solution, and offered an opinion that the participating localities should look into final construction of a 15 million gallon per day plant. Work is being done toward a 12 million gallon per day plant, although the original design was :for 8 million, which has been eliminated. If the plant can be increased to a 12 million per day capacity, Mr. Driver said it could meet standards. A Program has been worked up that will cost approximately $6 million. Standards can be met with an expenditure of $ 2.6 million toward the project. The Authority has $ 750,000 in its treasury, representing funds from the Environ­mental Protection Agency and state, toward the original construction project. The funds have been invested, in that the EPA has not completed its audit, which may result in some of the funds being recalled. An estimated$ 500,000 may be in-hand toward the $2.6 million project. Mr. Litten was asked to work up some recanmendations, which were reviewed with Council, by Mr. Driver. He made Council aware that a decision should be reached with regard to the proposed program, in order that a report may be finalized by April 15th. Should no action be taken by the participating localities for plant expansion, a moratorium will be placed on sewer construction. Although no monies are needed before July 1, 1988, Mr. Driver said that funds could be accumulated, if sewerrates are adjusted this year. Decision of the date to begin adjusting rates, would have to be determined. In conclusion, Mr. Driver reported that Harrisonburg's cost is 38¢ per 1,000 gallons for treatment of sewage, which is in line with the lowest rates in the state of Virginia. The Plant is being operated

- --- - ··-·-·

74

economically and a good job is being done. He asked for a report from Council at its next meeting on March 25th. City Manager Milam informed Council that the Industrial Pre~treatment Program would be finalized and ready for presentation at the next meeting. Water/Sewer Superintendent Yancey reported that a crew of two is presently in the process of making a house-ta:-house canvas;, to deter­mine any illegal sewer hook-ups. Members were asked to review the report of March 3, 1986, prepared by Attorney Litten, prior to the March 25th meeting of Council.

~. John Driver, Secretary of the Harrisonburg Transportation Safety Commission, presented the following three recommendations concerning situations which had been referred to the Commission by Council, at its January 28th meeting:

(1) Request for yield signs at intersections of Lee Avenue with First and Second Streets, to be changed to "stop" signs.

Motion: to recommend that stop signs be erected at the above stated inter­sections, in place of the present yield signs.

(2) Request for speed limit to be reduced from 35 MPH on Reservoir Street between Cantrell Avenue and Carlton Street.

Motion: that the speed limit be reduced at the above stated location from 35 MPH to 25 MPH.

(3) Request for four-way stop signs at Meadowlark Drive and Blue Ridge Drive. Motion: to recorrmend to Council that four-way stop signs not be installed

at this intersection. Mr. Driver noted that the recorrmendations were made by the Corrmission, following statements by the Police Chief concerning each situation. On motion of Vice-Mayor Ding'l>edine, seconded by Council Member Rhodes, and a unanimous vote of Council, the three recanmendations were approved.

~t 8:23P.M., Mayor Green closed the regular session temporarily and called the first public hearing of the evening, to order. City Manager Milam read the following Hearing Notice, published in the Daily News Record newspaper on February 20 and March 6, 1986:

The Harrisonburg City Council wiZZ hold a Public Hearing on Tuesday, March 11, 1986, at 7:30 p.m. in the City Council Chambers to consider the following rezoning request: David and Doris Garber's request to rezone 4.1 acres from R-1 Single Family Resi­dential, to R-3 Multiple Dwelling District. This prop(3rty is on the south side of Port Republic Road and adjoins the east side of Howard Johnson's Motor Lodge and the Port Road Exxon properties. AZl persons interested will have an opportunity to express their views at this Public Hearing.

CITY OF HARRISONBURG- Marvin B. Milam, City Manager Attention was called to the following Planning Commission report which was presented to Council at the

January/28th meeting: " •.• Following the notice of public hearing statement, Chairman Enedy opened the

floor to anyone desiring to speak in favor of the rezoning of 4 .• 1 acres owned by MP. and Mrs. David Garber and 5 acres owned by Mr.and MPs. Winfred Keagy. Attorney Henry Clark spoke for the Garbers and referred to a site plan illustrating 36 condominium units in four structures, along the east side of newly built Hunters Road. He .noted that 36 units are actually less than what R-2 Residential zoning would aZZow, hut R-3 Multiple Dwelling District is being applied for in order to build structures of six and 12 units each. (R-2 zoning restricts a builder to no more than 4 units per structure). Mr. Clark also noted that 74 off-street parking spaces are planned which is 2 more than required. Overflow parking spaces will be available along Hunters Road which is over 1,100' long from Port Road to the existing Hunters Ridge condomi­niums.

Mr .• Winfred Keagy spoke on behalf of rezoning his adjacent 5 acres to R-3 District. He noted that his property was a part of the 1984 rezoning case which was withdrawn by D.M.I.Corporation of Williamsburg in September 1984, just prior to a City Council meeting. He reported that D.M.I.Corp. is no Zanger interested in acquiring the Keagy parcel, but if Garber's Zand is rezoned, it would be time-saving and logical to rezone the Keagy parcel at the same time, because R-3 would be the highest and best use if boredered by R-3.

Mr. Carl Wassum, President of the Port Road Neighborhood Association, read a statement from the organization which projected possible population figures, traffic increases, and suggested a moratorium on rezonings until the Zoning Ordinance review is completed. Mr. Kenneth Langraf and Dr. James Ehy of Devonshire Homeowners' Ass 'n, supported Mr. Wassum's statement.

After discussing the existing zoning patterns of the area, students' life-styles, number of automobiles (56% of J.M.U. 1s students have autos), Mr. Rhodes moved that the Keagy request be tabled, since no plan of development was provided. Mr. Trobaugh seconded the motion which passed unanimously. Then Mr. Heath moved that the Commission recommend rezoning the 4.1 acre Garber parcel from R-1 to R-3. Mr. Hartman seconded

/ the motion, which passed unanimously ••• 11

Planning Direc;tor Sullivan referred to a map, setting out location of the 4.1 acres requested for re­zoning, and its relationship to surrounding zones. Mr. Albert Constable, realtor, presented pictures of the 3-story condominiums, noting that the area is not favorable for R-1 zoning classification. He pointed out that the 4-lane situation which has been developed, greatly relieves the traffic flow·on Port Road, Devonshire and Squire Hill. Attorney Henry Clark, representing the Garbers, said his clients were "out-front" in saying that they were basically looking at student housing, with approxi­mately 75% of the units for students, and the remaining 25% for young married couples, etc. He noted excellent working relationship with the Planning and Engineering Departments of the City, with regard to plans for the area. Mr. Clark pointed out the fact that Hunters Road, which is a 1250' street, serves only this area and any traffic created is with the development, and any parking problems will be handled through sufficient parking per unit. There is space provided for a 130 overflow of cars for the 36 units, which will have no effect on the surrounding neighborhood. He said the project is needed, with the first phase already completed and occupied, and offered an opinion that there. would be no advantage in changing the zone to R-2 Residential. Mr. Sterling Nichols of D.M.I.Corporation, said there are more applicants for housing, than they will be able to handle. They are endeavoring

75 ~o exercise a little more control over the tenants than most housing projects. They want to.be good

neighbors and take care of all complaints. Attorney Clark noted that Port Road is fully developed to. the top of the hill and the developers of D.M.I. are taking steps, above those required, in order to cooperate with Devonshire. He introduced Mr~ Brad Dixon, who will be moving in as Resident Manager. A petition signed by approximately 270 individuals was presented to Council, expressing interest in what is going on insofar as zoning in the Port Road area, and a lengthy letter from Mr. Carl Wassum, President of the Port Road Neighborhood Association, was read by Mr. Arthur Joecks, stating various reasons for opposition to rezoning of the Garber land (i.e. desire for the neighbor­hood to remain a residential character; rezoning the Garber land would lead to rezoning of other undeveloped land to R-3; the 36 units could allow as many as 540 persons in the area; overflow parking would be overwhelming onto Port Road and Devon Lane; rezoning could place the area in hish risk for pedestrians; could lead to the addition of five or more streets or driveways intersecting with Port Road between Howard Johnsons and Devon Lane). A feeling of members of the Association is that R-2 zoning would better control density, because it would lower the density by 50%. Council was asked to delay a decision on the matter until it could be considered under a revised zoning ordinance, and asked that the zoning not be changed, if the new zoning ordinance does not limit density to 10 units or less per acre. Mr. George Clatterbuck of 795 Port Road, said he had built his home in 1952 and "was not ready to be pushed into having his land rezoned." He was advised that the request was not for the rezoning of private land, but only to control density. Mr. Clark noted a restriction for four persons per unit in this project, which will have a minimal effect on any of the neighbor­hood. He said the projection of population by the Association is "far fetched" and asked what is wrong with parking on the street, when it is done all over the City. Hunters Road has 1500' for overflow at social functions, etc. Inasmuch as there is a limitation on the distance between streets, }kr. Clark pointed out that this is the only one that can be put in the area. He asked approval of the rezoning request of Mr. Garber. }1r. Joecks asked the following two questions: (l) will parking be allowed on only one side of the street as promised? (2) how long will the Resident Manager be here? A1r. Clark said there was no objection to posting "no-parking" signs on one side of the street, if necessary for emergency vehicles. Mr. Dixon said he has a wife and two children, and that they are prepared to make Harrisonburg their home for a good many year. He is impressed with the area and will send his children to E.M.C. Mayor Green asked if an R-2 concentra­tion could be maintained with the type of buildings proposed, and was assured that the 36 units ( 3 story) are "way under the density for an R-3 zone." He suggested the possibility of the Planning Comnission looking into the zoning situation for the entire undeveloped land area. There being no others desiring to be heard, the Public IIearing was closed at 9:14p.m. and the regular session reconvened.

y' Mayor Green asked members' wishes concerning the rezoning request for 4.1 acres on Port Road by David & Doris Garber. Vice-Mayor Dingledine offered· a motion for the Garber property to be rezoned from R-1 Residential to R-3 }ffilltiple Dwelling District, as recommended by the Planning Commission, with a stipulation that the Planning Commission review the undeveloped land, presently zoned R-3, immediately east of Devon Lane. Council Member Rhodes seconded the motion, with an amendment for parking to be permitted on the west side of Hunters Road, only, for ingress and egress of emergency vehicles. Fire Chief Shifflett said this should pose no problem. Attorney Clark said this is a 34' street and although there was no objection to parking only on one side, he felt it may not be necessary. The Chief noted that inasmuch as there are problems in other complexes, he was of the opinion that Council should take action for parking on one side, only. The motion, as amended, was then adopted by a unanimous vote of Council.

~At 9:23P.M., Mayor Green closed the regular session temporarily, and called the evening's second public hearing to order. City Manager Milam read the Hearing Notice as published in the Daily News Record newspaper on March lst and March 6th, 1986, as follows:

The Harrisonburg City Council will hold a public hearing at 7:30 p.m. Tuesday, March 11, 1986 in the City Council Chambers, 345 s,Main Street, to consider the following:

An "E-91] 11 system means a telephone service which utilizes a compu­terized system to automatically route emergency telephone calls placed by dialing the digits 119U" to the proper public safety answering point. An E-9ll system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification per­formed by computers and other control center communications equipment.

House Bill Number 258 provides a method of funding the service thvough a local tax imposed on telephone services, BiU 258 also provides a vehicle for collecting .the tax by requiring the telephone company to collect, account and remit levies.

With E-911, statistical information is provided on all calls for emer­gency center resource management.

The telephone company coordinates the implementation of E-911. E-911 is the technology necessary to provide more information - more

quickly. The proposed construction cost for joint City-County operation is

$ 421,678 and the proposed monthly fee to be added to each telephone access line would be 51¢. The proposed City-County maintenance monthly fee is 67¢ for each telephone access line.

All persons interested will have an opportunity to e~press their views at the Public Hearing.

CITY OF HARRISONBURG -Marvin B. Milam, City Manager Fire Chief Shifflett noted that the City jointly bperates a Fire--Rescue Center with Rockingham County, and that last year, Continental Telephone Company approached the City re a system that would provide a "9ll" number for reporting emergencies to the Fire Department, Rescue Squad, Police or Sheriff's Department. The 3-digit number would be used, as opposed to the present 7 digits. The system prevents wrong information, in that all information re the call is projected on a screen within a 2-second time period. If the caller is unable to give pertinent information, the terminal will set out the address, phone number, etc. Forced disconnection will be provided for the Dispatcher in the event of an invalid call. A party line may also be held open, even though the caller may hang up, with an emer­gency reing-back system also provided. Chief Shifflett stated that the system will be located in the Hose Co. #4 building on East Rock Street, with secondary call locations at the police station and Sheriff's Department. Council viewed a filmstrip showing how the system works' and setting out

... ·----------------------~

......

76 statistics with. regard to construction and maintenance costs. An additional charge of 51<;'- would be added to each of the city's 13,097 telephone access lines, .mnthly, toward construction cost of the system, for the first 24 months, after which time a.monthly maintenance charge of. 52<;'- would be added to each access line instead, with amounts to be collected by the telephone company and turned over to the jurisdictions (less a 3% collection fee to be retained by the company). Chief Shifflett noted that it would be necessary to employ four additional Dispatchers at a starting annual salary'of $ 12,168, with 25% fringe benefits, which would increase the number of Dispatchers to ten. Council was informed that a decision concerning a commitment by the City must be made by the end of this month, in order to be eligible for the proposed cut-over in March of 1988. The County has approved the joint venture, pending City Council's approval. M:S. Peggy Martz, ConTel Representative, presented the video of ABC's 20/20, which featured very interesting and vital information concerning the ''E-911" System. She asked serious consideration of Council re the joint venture, and remarked that if a commitment is made by the end of March, the cut-over for March 1988 will be initiated, otherwise, it will be lost until year 1990 or later. When Council Member Rhodes asked if the monthly rate would change or remain the same, Ms. Martz could give no assurance that there would be no change, doWr:t the road, but it was understood by Council.that the employment of four additional Dispatchers could result in a 67<;'- monthly maintenance charge on each access line. When Vice-Mayor Dingledine raised a question concerning the method proposed for handling, Ms. Martz pointed out that the canpany can collect the fees from each access line, b ut must turn the monies over to the jurisdictions, retaining a 3% fee for collection. Division of the cost for the system would be based upon the number of telephone access lines in each jurisdiction. There being no others desiring to be heard, either for or against the "E-911" System; the Hearing was closed, and the regular session reconvened.

~yor Green asked members' wishes concerning initiation of the Enhanced "911" Emergency Number· Systen. Vice--Mayor Dingledine said he was reluctant to add an additional charge to those of fixed incomes (i.e. the elderly), but was convinced that the "911" System is good for the welfare and safety of the community. He offered a motion for Council to approve the joint venture with Rockingham County for initiation of the "E--9ll" System. Co)lllcil Member Robinson seconded the motion, with the possibility of giving some relief to individuals that may suffer hardship with the additional monthly charge, and

· >approval of an ordinance fcir first reading. The motion was adopted by a unan.recorded vote of Council.

~t 10:15 P.M., Mayor Green closed the regular session temporarily, and called the evening's third public hearing to order. City Manager Milam read the following Notice of Hearing, published in the Daily News Record newspaper three times: February llth, March 4th and March llth:

The Harrisonburg City Council will hold a public hearing on Tuesday, March 11, 1986, at ?:30 p.m. in the City Council Chambers, Municipal Buizding, 345 South Main Street.

There will be a public hearing March 11, 1986 at the Harrisonburg City Council Chambers. This hearing wiU be to discuss Harrisonburg's application for Section 18 funds under the Urban Mass Transportation Act of 1964. These funds will aid in operating and administrative costs for FY '8?.

AU persons interested will have an opportunity to express their views at this public hearing.

CITY OF HARRISONBURG- Marvin B. Milam, City Manager Transportation Director Reggie Smith noted that this was the annual application for Section 18 fund­ing through the Virginia Department of Highways & Transportation, under the Urban !.1ass Transportation Act of 1964, to aid in operating and administrative costs of the local transportation services for Fiscal Year 1986-87. He noted that improvements to the system, through use of approved funding, would include purchase of two buses, a canopy, and fencing in the transportation area. Following a report of the transportation system by the Director, Mayor Green called on anyone present who may desire to be heard, either for or against the application. There being none, the Hearing was declared closed at 10:24 p.m. and the regular session reconvened.

City Manager Milam called mEllibers' attention to the following proposed Resolution, authorizing him to file application for the requested funding:

BE IT RESOLVED by the City Council of the City of Harrisonburg, Virginia, that the City Manager is authorized, for and on behalf of the City of Harrisonburg, to execute and file an application to the Virginia Department of Highways and Transportation, Commonwealth of Virginia, for a grant of Federal public transporta­tion assistance authorized under Section 18 of the Urban Mass Transportation Act of 1964, as amended, in the amount of$ 325,323.30 to assist in the capital, opera­ting and administrative costs of local public transportation services, to accept from the Virginia Department of Highways & Transportation, grants in such amount as may be awarded, and to authorize the City Manager to furnish to the Virginia Department of Highways & Transportation, such documents and other information as may be required for processing the grant request.

FURTHER, BE IT RESOLVED that the City Manager is authorized, for and on behalf of the City of Harrisonburg, to execute and file an application to the Virginia Department of Highways & Transportation, Commonwealth of Virginia, for a grant of transportation special revenues authorized under Chapter 684, Item 644 of the 1982 Acts of the General Assembly in the amount of $ ?, ??5. 60 to defray fifty percent (50%} of the local matching share of the City of Harrisonburg for capital and maintenance parts and supplies costs of an approved federal grant, to accept from the Virginia Department of Highways & Transportation, grants in such amount as may be awarded, and to authorize the City Manager to furnish to the Virginia Department of Highways & Transportation, such documents and other information as may be required for processing the grant request.

The Harrisonburg City ·Council certifies that the funds shall be used in ac­cordance with the requirements of the UMTA Section 18 Program and the State Appropriations Act of 1982, that the City of Harrisonburg will provide matching funds in the ratio required, and that the record of receipts and expenditures of funds granted the City of Harrisonburg may be subject to audit by the Virginia Department of Highways & Transportation and by the State Auditor of Public Accounts.

ADOPTED and APPROVED this day of , 1986.

Atteste: ------------~Mayor

Clerk ~~~~~~

-

77 Conncil Member Rhodes offered a m::>tion for the Resolution to be approved, with authorization for the proper officials to Sign the same. The m::>tion was seconded by Conncil Member Shank, and adopted by a nnanim::>us vote of Council.

~.Mr. Reggie Smith, pirector of Transportation, presented a proposal for the following changes in the Department 's Rate Schedule:

(1) To eliminate the extra charge of $ .50 on the taxi rate which has been charged from 12:00 a.m. - 4:00 a.m.

(2) To set Handicapped Rates as follows: $ 1.00 per 1'-way trip within city limits $ .20 extra for all stops plus waiting time $ 6. 00 per hour waiting

Mr. Smith noted that the remainder of the Rate Schedule would remain the same. He pointed out the fact that the 50~ extra was added to the taxi rate at the time the 24 hour service was implements, with opposition expressed by shift-workers. He added the fact that there is a requirement for transit buses to provide handicapped services, which includes those confined to wheelchairs. Following dis­cussion, Conncil Member Rhodes offered a motion for the Transportation Rate Schedule to be amended to include the two recommendations of the Director.· The motion was seconded by Conncil Member Robinson, and adopted by a unanim::>ils recorded vote of Council.

~Inasmuch as Mr. Roy Erickson's term had expired on January 28th of this year, as Harrisonburg's representative on the Shenandoah Valley Airport Commission, Mayor Green asked members' wishes concern­ing an appointment. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a· unanim::>us vote of Council, Mr. Erickson was reappointed to the Commission for a three (3) year term, expiring on January 28, 1989.

/ Conncil was reminded that the first term of Mr. Forrest Palmer on the Board of Zoning Appeals will expire on March 20th of this year. Council Member Robinson offered a motion for Mr. Palmer's name to be submitted to the Circuit Court Judge for reappointment to a second term on the Board. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Conncil.

~Council Member Rhodes moved that a supplemental appropriation in amonnt of $ 5,000 in order to complete fnnding for lights at Memorial Stadium, be approved for second & final reading, a first reading having been approved on February 25th, ·and that:

$ 5,000 chgd.to: General Fund- Unappropriated Fund Balance 5,000 approp. to: General Fund (9104-5605.06) Non-Departmental- Mem.Stadium

The motion was seconded by Conncil Member Shank, and adopted by a unanim::>us recorded vote of Council. ~

A request was presented from 1lr. James Baker, Assistant Superintendent of Streets, for approval of a supplemental appropriation in amount of $ 200,577.27 due to insufficient funds to meet the Highway Funding appropriation, to complete 1985-86 funding for street lighting, and to cover costs in relocating power lines on Reservoir Street Project. Following a review of the breakdown of funding, by City Manager Milam, Council Member Rhodes offered a motion for the appropriation to be approved for a first reading, and that:

$ 200,577.27 chgd.to: General Fund- Unappropriated Fund Balance 23,949.24 approp.to: General Fund (4102-3004.05) Maint. & Repairs­

Highways, streets & sidewalks 66,000.00 approp.to: General Fund (4102-3004.07) Maint. & Repairs-

Highways, streets & sidewalks- Annex Area 73,565.03 approp.to: General Fund (4102-7012.00) Work in Progress- Annex Area 37,063.00 approp.to: General Fund (4102-5101.01) Electricity- St.Lights

The motion was seconded by Council Member Shank, and adopted by a nnanimous recorded vote of Council.

/!City Manager Milam reminded Council that a CPA Firm must be designated prior to the end of the current fiscal year, to audit the financial statements of the City of Harrisonburg for fiscal year ending June 30, 1986. He called attention to the Proposal for Examination, submitted by the Firm of Phibbs, Burkholder, Geisert & Huf:finan, setting out a total cost of$ 19,845.00 for the fiscal year's audit, including provision of 50 copies of the report. Manager Milam noted that request had been received for a longer period of bidding to be allowed. Inasmuch as this firm has prepared the City's audit for the past fifteen years, in a satisfactory manner, Council Member Shank offered a motion for the Bid Proposal to be accepted, as submitted, and the Firm of Phibbs, Burkholder, Geisert & Huffman designated to conduct the City of Harrisonburg's 1985-86 audit. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Council.

,_/" Council discussed briefly, telephone contacts with the City Manager and Vice-Mayor, by Broadway's Mayor Fitzwater, concerning proposed improvements on Route 42 north by the State Highway Department from the standpoint of dual-laning all the way. Inasmuch as the Route 42 north project has been set out in the Chamber's 5--Point Program since the 1970s, with Council' s annual approval of the project, as stated, no further action was taken.

At 10:50 p.m., on motion of Vice-Mayor Dingledine, seconded by Council Member Robinson and a unanim::>us vote, Council entered an executive session to discuss a legal matter.

At 11:20 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

,2;?/~L-dd~ "d1~-~A~ Tuesday, March 25, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Marvin B. Milam; City Attorney Norvell A.Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H.RDbinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W.

Presgrave. Absent: none.

77 Council Member Rhodes offered a.TIDtion for the Resolution to be approved, With authorization for the proper officials to sign the same. The =tion was seconded by Council Member Shank, and adopted by a unaniTIDus vote of Council.

~.Mr. Reggie Smith, pirector of Transportation, presented a proposal for the following changes in the Department's Rate Schedule:

(1) To eliminate the extra charge of $ .50 on the taxi rate which has been charged from 12:00 a.m. - 4:00 a.m.

(2) To set Handicapped Rates as follows: $ 1.00 per 1-way trip within city limits $ .20 extra for all stops plus waiting time $ 6.00 per hour waiting

Mr. Smith noted that the remainder of the Rate Schedule would remain the same. He pointed out the fact that the 50¢ extra was added to the taxi rate at the time the 24 hour service was implements, with opposition expressed by shift-workers. He added the fact that there is a requirement for transit buses to provide handicapped services, which in<:ludes those confined to wheelchairs. Following dis­cussion, Council Member Rhodes offered a motion for the Transportation Rate Schedule to be amended to include the two recommendations of the Director.· The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

~Inasmuch as Mr. Roy Erickson's term had expired on January 28th of this year, as Harrisonburg's representative on the Shenandoah Valley Airport Commission, Mayor Green asked members' wishes concern­ing an appointment. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a· unanimous vote of Council, Mr. Erickson was reappointed to the Comnission for a three (3) year term, expiring on January 28, 1989.

/Council was reminded that the first term of Mr. Forrest Palmer on the Board of Zoning Appeals Will expire on March 20th of this year. Council Member Robinson offered a motion for Mr. Palmer's name to be submitted to the Circuit Court Judge for reappointment to a second term on the Board. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

~Council Member Rhodes moved that a supplemental appropriation in amount of $ 5,000 in order to complete funding for lights at Memorial Stadium, be approved for second & final reading, a first reading having been approved on February 25th, ·and that:

$ 5, 000 chgd. to: General Fund - Unappropriated Fund Balance 5,000 approp.to: General Fund (9104-5605.06) Non-Departmental- Mem.Stadium

The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council. ~

A request was presented from Mr. James Baker, Assistant Superintendent of Streets, for approval of a supplemental appropriation .in amount of $ 200,577.27 due to insufficient funds to meet the Highway Funding appropriation, to complete 1985-86 funding for street lighting, and to cover costs in relocating power lines on Reservoir Street Project. FolloWing a review of the breakdown of funding, by City Manager Milam, Council Member Rhodes offered a motion for the appropriation to be approved for a first reading, and that:

$ 200,577.27 chgd.to: General Fund- Unappropriated Fund Balance 23,949.24 approp.to: General Fund (4102-3004.05) Maint. & Repairs­

Highways, streets & sidewalks 66,000.00 approp.to: General Fund (4102-3004.07) Maint. & Repairs-

Highways, streets & sidewalks- Annex Area 73,565.03 approp.to: General Fund (4102-7012.00) Work in Progress- Annex Area 37,063.00 approp.to: General Fund (4102-5101.01) Electricity- St.Lights

The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

/!City Manager Milam reminded Council that a CPA Firm must be designated prior to the end of the current fiscal year, to audit the financial statements of the City of Harrisonburg for fiscal year ending June 30, 1986. He called attention to the Proposal for Examination, submitted by the Finn of Phibbs, Burkholder, Geisert & Huffman, setting out a total cost of $ 19,845.00 for the fiscal year's audit, including provision of 50 copies of the report. Manager Milam noted that request had been

·received for a longer period of bidding to be allowed. Inasmuch as this firm has prepared the City's audit for the past fifteen years, in a satisfactory manner, Council Member Shank offered a motion for the Bid Proposal to be accepted, as submitted, and the Finn of Phibbs, Burkholder, Geisert & Huffman designated to conduct the City of Harrisonburg's 1985-86 audit. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Council.

~ Council discussed briefly, telephone contacts with the City Manager and Vice-Mayor, by Broadway's Mayor Fitzwater, concerning proposed improvements on Route 42 north by the State Highwa.y Department from the standpoint of dual-laning all the way. Inasmuch as the Route 42 north project has been set out in the Chamber's 5-Point Program since the 1970s, With Council's annual approval of the project, as stated, no further action was taken.

At 10:50 p.m., on motion of Vice-Mayor Dingledine, seconded by Council Member Robinson and a unanimous vote, Council entered an executive session to discuss a legal matter.

At 11:20 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned •

. w*/-~~ '="'u:.d:?i ~ ~ ~- ~ MAYOR , ~-~ "

Tuesday, March 25, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Marvin B. Milam; City Attorney Norvell A.Lapsley; Clerk N. Arlene Loker; Vice-Hayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H.Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: none.

i I i

I

//

78 Minutes of the regular meeting held on March ll th were approved as corrected.

,/Ms. Tami Morello, General Manager of Valley Mall, was present in the meeting as a follow-up of her letter of ~1arch 13th, to express concern about the city's ordinance increasing the business license for itinerant merchants to $ 500,and application of same to the Mall. She offered an opinion that the original purpose of the ordinance was geared toward distressed merchandise offered for sale from trucks at various places in the city. The various types of merchants and businesses who lease space in the Mall, on a temporary basis, are special, and offered in Malls all over the country. Some are national companies and others are "Mom & Pop" operations that come in for one day only. These merchants pay rent and are a part of the overall Mall effort. The desire is to increase sales in the Mall, and customers like the various promotions. Due to the increase in license fee, Valley Mall has not leased space, since Christmas. Mr. Victor Smith, Comnissioner of Revenue, said "we are enforcing the law, as written, and those merchants are considered as a part of this ordinance," Although he has not checked with other malls to determine how these merchants are handled insofar as license, Mr. Smith said he would be happy to do so, if desired. Mayor Green asked him to check with the City of Charlottesville, and report back to Council. Mr. Smith pointed out the fact that it does not have to be distressed merchandise, but merchants with no permanent quarters, from which to sell their wares. When Mayor Green asked if a lot of the national companies pay the sales tax in the"Home Court", Mr. Smith replied that unless they are registered with the Virginia Sales Tax Division, he doubts that they are. }.1s.Morello informed Council that a lot of these promotions are done in the City of Winchester, although she does not know how they are handled. In one place, she noted that they were handled under one fee, and left to the discretion of the mall's management. Vice­Mayor Dingledine pointed out that every store in Valley Mall is paying the sales tax. Council Member Robinson said that out of every 4¢ received on the dollar, 1¢ is received by the city as a local tax. Ms. Morello said she would look into this. A1ayor Green said he would like to know where these merchants pay the tax - - at home or where they operate. City Attorney Lapsley said he would look into the matter of sales tax, with Charlottesville. The Vice-Mayor pointed out that the sales tax is a legal obligation. Mayor Green assured Ms. Morello that following some investigation, she would be contacted.

/Correspondence was presented from Mr. Jacob }.1artin, addressed to the City Manager, in which he stated that since his annexation into the City, he is a victim of Harrisonburg's "peddlers license law. " For more than 37 years, Mr. ~tin noted that he has been hauling most of his i terns which are sold, on a pickup truck, but does not go door to door. Goods are delivered at the time of the sale. He noted in the correspondence that the present or former license fee is prohibitive for his type of operation. Commissioner of Revenue Smith informed Council that Mr. ~1artin had paid the former fee of $ 250 before the increase to $500, and that he had informed Mr. Martin that a peddler is someone who sells. He suggested to him that if he changed his status to solicitor and took orders from his customers, with later delivery, he could pay a lesser rate and save approximately $ 400 a year. Although Mr. Martin stated objection to making a second trip for each sale, Mr. Smith informed Council that he is now paying on gross receipts, while he had previously paid one fee. No action was takz Council, in that it appeared the matter had been handled through the Comnissioner's office.

Council received a petition with 101 signatures of residents, setting out problems which are being encountered in the Purcell Park area, primarily due to use of the park by JMIJ students. Vice­Mayor Dingledine, a member of the Harrisonburg Parks & Recreation Commission, informed Council that the Recreation Director and Commission Chairman plan to meet with representatives of James Madison Unive~ity, to discuss the situation and complaints registered.

/Through co=espondence addressed to Mayor Green from the Virginia Department of Highways and Transportation, he was notified of a public hearing which is scheduled for April 14th in Staunton, for the purpose of receiving requests for the interstate, primary and urban systems and transit syste~. It was noted that citizen input will assist in preparation of the 1986-87 construction allocations and public transit aid to cities and counties. City }.1anager Milam said he had asked Planning Director Sullivan to attend the Hearing on behalf of the City of Harrisonburg.

/City ~1anager Milam called Council's attention to the following 5-Point Highway Program, submitted by the Harrisonburg-Rockingham Chamber of Commerce, and received only this morning:

FUNDING Primary I.

II.

III.

IV.

v.

Improvement of State Route 42 between the City of Harrisonburg and Towns of Broadway and Timberville to become a dual-lane divided highway. This highway is currently carrying approximately 4,800 vehicles per day. The Harrisonburg-Rockingham Chamber of Commerce objects to the current plan of two- and three-laning of the route and asks for redesign of the plan to include four-laning for the entire route.

Improvement of U.S. 340 from Shenandoah to Elkton to Grottoes to a dual-lane highway. This highway currently carries 5,880 vehicles per day from Shenandoah to Elkton, 1,895 vehicles from Elkton to Route 649, and 2, 280 vehicles from Route 649 to Grottoes for a total of 10,055 vehicles per day.

Improvement of State Route 257 from its western intersection with U.S.Route 11 north of Mt.Crawford in an easterly direction to its intersection with Interstate 81. The highway is carrying approxi­mately 2,440 vehicles per day. This is requested because of the truck traffic generated by Marshall's, Inc. and the potential indus­trial and commercial growth of Bridgewater and Dayton.

Improvement of Route 33 (West Market Street) from the Square in downtown Harrisonburg west to one-quarter mile past the old city limits. This highway is currently carrying approximately 7,140 vehicles per day.

Improvement of Route 42 (South High Street) from Grace Street to

.... ______________ __

----------··

· ~ Rockingham Square Shopping Center. This is one and one-half miles of two-Zane road that is being fed by four-Zane Route 42 from the south, four-Zane High Street from the north and four-Zane Cantrell Avenue from the east. The highway is currently carrying 13,380 vehicles per day.

7.9····

City Manager Hi lam expressed concern re an article which appeared in this morning's Daily News Record, particularly re any change in the.Route 42 Highway Improvement, as proposed over past years. In a June 12, l984jpublic hearing, it was proposed as a 5-lane highway from the Old Corporate Limits of Harrisonburg, to the Virginia Mennonite Home, with 4-lanes from there to the new Corporate Limits. He offered an opinion that the design of the Highway Department, on behalf of the City of Harrisonburg, is very beneficial, not only to the City, but to the total area. He said that although Broadway has made request for the City of Harrisonburg to object to the present plan, he felt there should be no contradiction to the proposed project, and above all, no delay in the project, via change in design. Manager Milam said he was of the opinion that Primary I, as set out in the 5-Point Program, is adverse to the original plan, if it means "between the Corporate Limits", and felt that Council should object to the project, as stated. He noted that the matter may be deferred until Council's April 8th meeting, if desired, in that the public hearing will not be held until April 14th in Staunton. He pointed out that according to the news article, the County does not want any work done until it can be 4-laned through the entire route from Harrisonburg to the Broadway-Timberville area, and added that "he would not want to sacrifice the City's 'piece' of the project." Vice-Mayor Dingledine referred to an excerpt from Council's meeting of June 12, 1984, and asked if Council could reiterate that this project, as proposed, is what the City wishes done, particularly since many projects, including a Nursing Home, are being developed in that area. Manager Milam said he could agree with the first part of the paragraph setting out the project under I of the Chamber's Program, but could not agree with stopping all work for a redesign. Vice-Mayor Dingledine then offered a motion for Council to approve the Chamber's 5-Point Program, with deletion of the last sentence under Primary I. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

~Dr. Joseph Enedy, Chairman of the City Planning Commission, was present in the meeting to give an update report concerning a study of the City's Zoning Ordinance. He said that a lot of time has been spent by Planning Director Sullivan, Building Official Byrd and himself, in a review of 100+ definitions throughout the Ordinance, with nothing gained from some, as stated. He noted that the ordinance has some logic, as well as some illogic. The new ordinance will have an index, which is logical. The study of the ordinance includes line by line review, site plan review, certification of occupancy, etc. They are .also addressing the off-street parking which surfaced about 1971, and continuing into the District regulations, non-conforming uses, etc. The Consultant set out some differences, which have been put with those found by the Committee. Dr. Enedy said that the target is to get a clean draft to the Planning Commission with the hope that they will be able to release it to the Press, Libraries, etc., for study. He concluded his report by pointing out that this has been a time-consuming, long drawn-out process. The Committee will be giving the Consultant all information relating to progress which has been made, with a hope that a revised ordinance may be presented to the Planning Commission at its April 23rd meeting. Mayor Green thanked Dr. Enedy for his report. / .

At 8:15 p.m., Mayor Green closed the regular session temporarily and called the evening's public hearing to order. City Manager Milam read the Notice of Hearing as published in the Daily News Record on March 6 and March 20, 1986, as follows:

The Harrisonburg City Council will hold a Public Hearing on Tuesday, March 25, 1986, .at 7:30. p.m. in the City Council Chambers, 345 S.Main Street, io consider adjusting the Zoning Map as follows:

To place aU of Lot 5, Block A on Page 31 of City Block Map in the ·~ }(/ R-3 Multiple Dwelling District. Said one-acre lot is located on the y north side of Old Furnace Road, 550 1 east of Vine Street. Prior to the 1983 annexation, the City line divided Lot 5. The City portion was zoned R-2 Residential; the County portion was zoned R-3. The owners, Joseph and Janet Gardner, request an adjustment of the Zoning Map in order that all of Lot 5 be zoned R-3.

All persons interested will have an opportunity to express their views at this public hearing.

CITY OF HARRISONBURG- Marvin B. Milam, City Manager Attention was called to the following Planning Commission report from its meeting of February 19th, and presented to City Council on February 25th:

" ••• The Director described the history of zoning boundaries and the changes of City Limits as a result of the 1983 annexation •. Dr. Joseph Gardner, owner of a one-acre parcel on the north side of Old Furnace Road approximately 550 1 east

. of Vine Street, requests that the western one-third of his property be rezoned from R-2 to R-3 Multiple Dwelling District • . After annexation, approximately 1/3 of the property remained in the county, but zoned R-3, and 1/3 of the property was zoned R-3 by the City. Dr. Gardner told the Commissioners that since annexa­tion, he is paying taxes to the City on the entire tract.

Mr. Rhodes stated that he felt the City should correct this oversight, regard­ing. the splitting of the parcel by a zoning line. He then moved for the Commission to recommend rezoning of the western 1/3 of the Joseph Gardner parcel from R-2 Residential to R-3 Multiple Dwelling District. Mr. Heath seconded. the motion which passed unanimous Zy ••• "

Planning Director Sullivan pointed out the location of 1-acre Lot 5 on a map, and presented a drawing showing the portion that is presently zoned R-2. He noted that if rezoning of that portion to R-3 is approved, all of the area will be under that zone. Should the Gardner or Liskey properties be developed at some future time, all the land will be under the same zoning formula. He added the fact that the Commission had addressed this request as an adjustment and carry-over on the city rnap. Manager Milam noted that the old City Limit line follows R-2 and the new begins about 250' from the center line and runs parallel to Furnace Road. Dr. Gardner has indicated that ·he was paying split taxes prior to annexation, and only one tax to the City since annexation. Mayor Green called on anyone present desiring to be heard either for or against the rezoning request. There being none, the Hearing was closed at 8:20 p.m. and the regular session reconvened.

'~ Mayor Green asked members' wi9hes concerning the rezoning request of Dr. Joseph Gardner for Lot 5

from R-2 Residential to R-3 Multiple Dwelling District. Vice-Mayor Dingledine offered a motion for the recommendation of the Planning Conmission to be approved, and Lot 5 rezoned to R-3. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

-'

s;o /City }ifanager Milam presented and read the following Planning Commission report from its March

19th meeting: " ••• A March 6> 1986 letter from Mr. Jim Monger> ow;,er of J-M Apartments>

was read. Mr. Monger's request is that an undeveloped 'paper' alley be closed so that additional apartments can be built behind some existing apartments on the north side of West Grattan Street near the C-W Railroad tracks. Mr. Monger told the Commission that the Mongers own the properties on both sides of the 25 1

alley which is 304 1 long and 15 1 wide. Mr. Sullivan reported that a preliminary site plan for two 6-unit apartment structures is being studied by City Staff cind will be discussed further at a future meeting. There being no utilities or easements in the 15 1 alley or apparent need for it> Mr. Trobaugh moved that the Commission recommend its closing and a Board of Viewers be appointed by City Council. Mr. Hartman seconded the motion which passed unanimously ••• 11

Manager Milam called attention to the plat attached to the report, setting out location of the alley requested for closing. Following a brief discussion, Council Member Shank offered. a motion for the report of the Planning Corrnnission to be accepted, with the following appointed to serve as a Board of Viewers to view the alley, and report in writing, whether or not there would be any inconvenience in the closing, and if so, what: Messrs. John H. Byrd, Sr., Richard L. Suter, Wilmer C. Byrd, Sr. and William L. Blair. The motion was seconded by Vice-lifayor Dingledine, and adopted by a unanimous vote of Council.

~e following Planning Commission report from its l~ch 19th meeting was presented and " ••. The Commissioners reviewed a Final Plat showing a resubdivision of

Lot ? in MP. Bill V. Neff's Interstate Commercial Park Subdivision • .The Director reported that Lot ? is a 4. 46 acre parcel on the north side of Reedy Circle> just east of S.Main St. Mr. Neffdesires to split Lot ? into a 1.16 acre lot and a J.JO acre lot. A 20 1 drainage easement extends along proposed Lot ?A> adjacent to Reedy Circle which has curb and gutter and some gravel base. Mr. Neff reported that a contractor is ready to finish the street work required by the City and drainage easements within proposed Lot ?B will be finalized when he knows what will be built on that lot. Also> rip-rap will be placed in the drainage channel crossing Lot ?A. Cooperation with the City's public works staff will continue> he added.

read:

Mr. Trobaugh> noting that a resubdivision within this B-2 zoned area was anti­cipated. in May 1985 when the subdivision was first approved> moved that the Commis­sion ·recommend approval of· the resubdivision of Lot?> ·section I of Interstate Commercial Park Subdivision> with the understanding that drainage ditch work and completion of Reedy Circle will be accomplished in the immediate future. Mr.Rhodes seconded the motion which passed unanimously • .• 11

Planning Director Sullivan cal1ed attention to the plat attached to the Commission's report, and noted that he had nothing to add, in that all. had apparently been covered in the report. Council Member Rhodes offered a motion for the recommendation of the Planning Commission to be approved, as stated. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

~ ty Manager Milam presented and read the following Planning ·Commission report from its March 19th meeting:

" •.•• The Commissioners studied a map of the 5. 66 acre Margaret Whitesel property located on the west side of S.Main Street> near Holiday Inn. Land Surveyor Robert E.Funk is proposing a 4-lot commercial subdivision. Proposed Lot J is occupied by a Seven-Eleven Store and a Waffle House is proposed for Lot 2 located immediately south of the Seven-Eleven Store. The Director reported that a site plan for the Waffle House has been submitted to the City Engineer and the Building Official. Mr. Funk told the Commission that an entrance road and separate right turn exit is planned on Lot 2. A traffic light services vehicular flow on S.Main Street and Pleasant Valley Road with a direct flow allowed for vehicles entering and leaving the Seven-Eleven. Waffle House hopes to connect its parking lot with the Seven­Eleven lot. Also> an existing drainage ditch on the rear portion of proposed Lot 2 will be re-routed around the parking lot. When development occurs on Lots 1 & 4> drainage plans will have to be carefully considered before building permits are issued. ·

Mr. Hughes noted that the proposed subdivision borders recently rebuilt South Main Street which has water and sewer lines> and careful consideration needs to be given to the traffic flow changes as development occurs. He moved that the Commis­sion recommend approval of the Final Plan of the Margaret Whitesel Subdivision. Mr. Trobaugh seconded the motion and aU members present voted in favor ••• "

Plannir€ Director Sullivan called attention to the attached plat, and noted that most of the discus­sion in the Commission's meeting was about the site plan and how best to use the traffic light. If the lots are tied in, Mr. · Sullivan said that traffic could turn left into the City. Otherwise, traffic would have to go south and make a "U" turn, Council Member Rhodes offered an opinion that there may be some problem with traffic. Following discussion, Council Member Shank offered a motion for the recommendation of the Planning Commission, to be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

1~uncil received the following Planning Corrnnission report from its March 19th meeting: " .•. Mr. J.B.Copper> Land Surveyor> described a proposed 20-lot Tower Heights

Subdivision> with 16 for-sale townhouse lots on the west side of Tower Street near the City reservoirs and J townhouse lots facing Old Furnace Road plus an existing house. Mr. Joseph Funkhouser> owner/developer> stated that he believes young pro­fessional couples and middle-aged people will buy these townhouses. The project extends north to City-owned land near Kelley Street and the Transit Department building. Mr. Copper reviewed a proposed Final Plan of Section 1> which has ? town­house lots and the existing house on the northwest corner of Old Furnace Road and Tower Street. Various utility and access easements were explained. Water and sewer is available from both streets. Parking for three townhouses on Old Furnace Road will be in the backyard areas. On Tower Street, the parking will be in front. Improvements to Tower Street will be the City's responsibility.

Mr. Rhodes offered a motion for the Commission to recommend approval of the

81, / overaU pz>eli;minary plan. of SectiQn :1,. Tower Heights $u)Jdi;~isi;on .. Mr.

Hartman seconded the mot'"on and aU members present voted '"n fa:vor ... " Planning Director Sullivan called attention to the attached plat, setting out location of the eight lots proposed in Section J., with four on Old Furnace Road (existing house on corner) and four fronting on Tower Street. He noted that the language in the C.onmission's reconmendation refers to the overall preliminary plan of the subdivision, and also approval of the Final Plan for Section 1. He said that Tower Street was dedicated years ago, before subdivision requirements, and is almost a paper street, although considered a road. Mr. Copper pointed out the location on a map and said no traffic will be going onto, or leaving Old Furnace Road, but will go to the rear of the development. Section 1 runs to an existing city water easement. Vice-Mayor Dingledine asked what time constraint will be on the City for improvements to Tower Street. Manager Milam said that althqugh the Subdivision Ordinance requires the developer to be responsible for a street, in this instance the city will be responsible for stone and surface treatment, curb and gutter, in that it is a dedicated street. He stated rio definite t:ime for the street treatment, but said they may have to wait years for the curb and gutter. He E;)Xplained that highway funds cannot be used, but the improvements rrmst be done with general taxation funds. When Council Member Rhodes raised a question concerning an existing garage, Mr. Copper replied that it will be demolished. Following discussion, Vice-Mayor Dingledine offered a motion for the recommendation of the Planning Commission to be approved, as stated. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

/ . 1 The following Planning Commission report, from its March 19th meeting, was presented and read:

"· .. The Commissioners studied proposed Final Plans of WiUow Hi Us. $ub­division, Units 2 & 3, drawn by MP. J. W. Harris, Land Surveyor. The Director stated that Unit 2 has 15 residential lots on proposed Lynne Place and Kimberly Court. Mr. Ike Rowan, developer, said these lots will be sold for single family housing. The existing hold pond, partly l.ocated on Lots 5 & 6, was discussed at length. Proposed Unit 3, with only 4 lots on the west side of WiUow HiUs Drive, wiU continue to have a 40 1 access lane to the Eddie Edwards and E. B. Heatwole properties; These lots may be developed with 2-family homes. Mr. Harris reported that he is prepared to make a few minor· adjustments to the con­struction plans requested by the City Engineer, and he notedthat 75 1 of Lynne Place has an 11%' grade.

MP. Trobaugh moved that the Commission recommend approval of the Final Plans for Units 2 & 3, WiUow Hills Su)Jdivision, and grant a variance to aUow the 11% street grade on Lynne Place near i.ts intersection with WiUow HiUs Drivr:. Mr. Hughes seconded the motion and aU members present voted in favor •.• "

Planning Director Sullivan pointed out location of the. sections on a map, in relation. to the surroun­ding area (i.e. Willow Hills Drive and Rex Road). Vice-Mayor Dingledine asked if any provision is made for safety of children with regard to the Holding Pond. Mr. J.W. Harris, surveyor, noted that the easement lines were established for the pond, with the feeling that the adjacent lot owners would fence the area. The Vice-Mayor said he hoped that the owners would be forewarned of the danger. Mr. S,L~Rexrode, an'owner in RCR Associates, developers of Willow Hills Subdivision, pointed out that the pond does not hold water, but an 18" line goes through the bottom, and the pond may have water very temporarily, with a maximum depth of 4' which may remain only 20 - 30 minutes, before it drains out. Mr. Sullivan noted that fencing was brought up in the Commission's meeting, with question oLwhether or not the developers would provide the protection. He offered an opinion that the lot m•mers may. have to make the decision. He noted further 'that the run--off should be faster, when more 'development occurs. Mr. Sullivan suggested that the developers recommend to the two lot owners, that they take precaution. The easement area includes a wet weather str.eam and. pond, and is there for convenience of the city, in the event that. a city crew may have to enter the area to make repairs, or for instal­lation of water & sewer lines. Vice-Mayor Dingledine offered a motion for Council to approve the Planning Corrmission' s reconmendatioil, as stated, with a stipulation that the developer provide suitable fencing between Lots 5 & 6 and the Holding Pond. Mr. J.R.Copper, CLS, said that a fence collects debris and restricts flow of water into a pond. This is a 200' wide ditch and has a sharp fall on the dam portion. Although there is no objection to a fence, it would need to be put into the actual area, which would be too close to the building line of one house. The Vice-!1ayor re:Lterated an earlier statement by the Planning Director concerning more development increasing.run-off. Mr. :ctexrode asked about the developers contacting the lot owners to discuss some type of barrier and the Vice-Mayor said he would like to see it as a part of the development. Mr. Rexrode asked if there would be any problem in putting a fence down at the easement area, and Mr. Sullivan replied in the negative. The back door of Lot 5 will be very close to the earthen man-made dam. When City Manager Milam asked how much more land would be developed, he was advised "a fraction over 30 acres." When he questioned whether or not this drainage area would be.included, he was told that it would take care of the entire area. Manager Milam then suggested the passibility of screening the end of the pipe, which may be as safe as a fence that would have to be maintained. He asked if the 18" Intake could be screened off, and Mr. Rexrode replied that it -could be done. Vice-Mayor Dingledine said he felt this would be a desirable solution. Manager Milam noted that these developers are providing a Holding Pond, which other developers have not been required to db, and suggested that screening may serve as a compromise. Mr. Copper said this could be an obstruction, and cause more water to build up in the pond, He added that it would also change design of the structure. At this point in the lengthy discussion, Council Member Rhodes said that a fence could not b.e constructed this evening, and then seGQnded the Vice-Mayor's motion to approve the Planning Commission's recommendation, as stated, with stipulation that the developer provide suitable fencing. The motion was adopted by a unanimous vote of Council.

/ City Manager Milam presented and .read the following Planning Commission report from its March

19th meeting: · "·.;The Director oriented the Commissioners to a map of Reherd Acres. Area,

showing where proposed Unit l?A, with three duplex housing lots, and proposed Unit 18, with eleven single family lots, are located. Mr. DePoy .told the Commis­sioners that Meadowlark Drive is. now being constructed from Blue Ridge Drive eastward to Mockingbird Drive, and Unit 18 is an additional extension of MeadouJlark Drive. It is zoned R-1 Residential. The proposed .duplex layout in Unit 1?A wiU

·include construction of Goldfinch Drive, eastward 400 1 from Blue Ridge Drive. Water and sewer lines are already in the ground. Construction plans have been okayed by the City Engineer.

Mr. Trobaugh moved that the Commission recommend approval of the Final Plans

-~~~

-...._

82 for Units 17A cmd 18, Reherd Acres SUbdivision. Mr. Rhodes seconded the motion which passed unanimously ••• "

Attention was called to the plat and subdivision review sheet, attached to the report. Mr. Sullivan explained the layout, and noted that the new street, Goldfinch Drive, will have to be completed to a cul-de-sac. Council Member Shank offered a motion for the recommendation of the Planning Commission to be approved. The motion was seconded by Council ![ember Rhodes, and adopted by a unanimous vote of Council.

~uncil received the following Planning Commission report from its March 19th meeting: " ••• Messrs. Steve Weaver, Steve Bradshaw,. J.R: Copper cmd John Darden

asked the Commission to accept the revisions· made on the proposed Final Plan for Dukes 1 Plaza SUbdivision. The 20.5 acre shopping center layout, .in the northwest corner of South Main Street and West Mosby Road, wiZZ include three small parcels facing Main Street and the main parcel behind these parcels, but with a 64' wide access strip to Main Street plus two access connections to West Mosby Road. Mr. Weaver explained the plcms to provide storm d:rainage easements along the front of Lots 1 & 2, drainage and slope easements along the upper side of the shopping center lot, and plcms to funnel storm water to a defined channel on the Imperial Oil Company lot northeast of the proposed center. Also, an existing VEPCO power line which crosses the site will be relocated at the developer's expense. Mr. Trobaugh noted that traffic flow problems may occur f¢r vehicles wanting to turn left as they leave the shopping center. However, use of West Mosby Road does provide traffic light control. . Noting that fin(J.l engineering and site plan review is continuing by aZZ departments affected, Mr. Hughes moved that the revised Plan for Dukes' Plaza SUbdivision be recommended for approval, including the moving of an existing drop inlet at the developer's expense, located between Lots 2 & J. Mr. Rhodes seconded the motion, and aZZ members present voted in favor ••• "

City l[anager Milam called attention to the attached plat, setting out 17,489 acres. Mr. J.R.Copper, CLS, presented the overall plan, noting that the utilities will be private and that some easements will be required. A 2" domestic line will be !lEtered, with one master meter. He noted that the developers have built and maintained about fifty shopping centers, and feel this arrangement is the best way to provide water, in order to eliminate connection fee,etc. Council Member Rhodes asked about ingress and egress to the Center. He was advised that there will be 2-lane traffic with two entrances, which will be shared by McDonalds. Most shoppers will most likely come out Mosby Road and use the traffic light. Council Member Rhodes offered a motion for the recommendation of the Planning Conmission to be approved. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council. ·

~ty Manager Milam reminded Council that two weeks ago, the Harrisonburg-Rockingham Regional Sewer Authority laid out a 2 l/2 million dollar Improvement Plan, with$ 1,445,440 set out as the. city's share of cost toward new construction, representing 60.01% of the total amount. He noted that in order to generate only l/2 million, an additional monthly sewer charge of 50~ would have to be added to consumers' bills. If agreeable with Council, he suggested that a commitment could be given that the city would come up with its share, and even if the entire amount could not be paid next year, it could possibly be paid over the next few years through appropriations in the city's budgets. If the City does not generate the amount by the time it is needed, the City may have to resort to a bond issue. Mr. John Driver, a representative of Harrisonburg on the Sewer Authority, informed

. Council that all funds will be needed by July l, 1988, with a portion needed prior to that time. Manager Milam said it would suit, if the Authority would have the bond issue, and bill the city, particularly if the bonds were sold and all localities participated on an equal basis. At this point, the city is responsible for 60% of the total amount, while the towns of Bridgewater, Dayton, Mt. Crawford and the County of Rockingham, share the balarice. Mr. Driver pointed out the fact that the city and two towns are using their capacity of 5 million gallons, while Rockingham County is using only approximately 200,000 of its allocation of 2 l/2 million. Although the county's sewer is presently being measured by a water meter, while the other localities have sewer meters, this will be rectified by all having sewer meters. Following discussion, Council Member Rhodes offered a motion for the City of Harrisonburg to give a commitment for its share toward plant construction, through future City of Harrisonburg budgets. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

~e following proposed Resolution was presented and read, for Council's consideration of approval, concerning a lease-purchase agreement for purchase of a new fire engine at a cost of $ 130,000 plus another$ 30,000 for equipment:

WHEREAS, authorization was granted at the regular meeting of the Harrisonburg City Council on January 28, 1986, for purchase of a new fire engine under a lease­purchase agreement; and

WHEREAS, a Conditional Sales Contract has been received from the Sovran Leasing Corporation in principle amount of$ 160,000 at an annual interest rate of 7.25%,

NOW, THEREFORE, BE IT' RESOLVED that Marvin B. Milam, City Manager of the City of Harrisonburg, Virginia, is hereby authorized and directed to enter into and deliver, on behalf of the City, a Conditional Sales Contract and such other docu­mentation required, with Sovran Leasing Corporation, whereby the City will purchase the equipment described in said Conditional Sales Contract.

ADOPTED and APPROVED this day of , 1986.

Atteste: ____________ Mayor

Clerk On motion of Co-un~c~i'l~M~emb~-e-r~Robinson, seconded by Council ~[ember Rhodes, and a unanimous vote of Council, the Resolution was approved, with authorization for the proper officials to sign the same.

~rrespondence of 3/6/86 from the Central Shenandoah Planning District Commission advised that the present terms of the Commission's Executive Committee members will expire June 30, 1986, with request made for Harrisonburg City Council to select one of its two representatives to stand for election to the Executive Committee for a term of two years, expiring June 30, 1988. Council was reminded that the present three year terms of Council l1ember Rhodes and Planning Director Sullivan, as representatives of Harrisonburg on the Commission will also expire on June 30th of this year.

s·a Vice-Mayor Dingledine offered a, motion for Hessrs. Rhodes and Sullivan to be reappointed to the Central Shenandoah Planning District Commission for terms of three (3) years eac, expiring June 30, 1989, and further, that Mr. Rhodes be naninated for election to the Executive Comnittee for a term of two (2) years, expiring June 30, 1988, The motion was seconded by Council Member Robinson, and acbpted by a majority vote of Council. Mr. Rhodes, abstaining.

/Council was reminded .that the present term of }1r, Daniel Stark, as a representative of Harrison­burg on the Private Industry Council, will expire as of June 30, 1986. Mayor Green asked members' wishes concerning an appointment. Council Member Rhodes offered a motion for Mr. Stark to be reappointed to the Council for a term of three (3) years, expiring June 30, 1989. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

~uncil Member Robinson moved that a supplemental appropriation in amount of $ 200,577.27, re­quested by the Assistant Superintendent of Streets due to insufficient funds to meet various obliga­tions, be approved for second & final reading, a first reading having been approved on March 11th, and that:

$ 200,577.27 chgd.to: General Fund~ Unappropriated Fund Balance 23,949.24 approp.to: General Fund (4102-3004.05) Maint. & Repairs-

Highways, streets & sidewalks 66;000.00 approp.to: General Fund (4102-3004.07) Maint. & Repairs- Highways,

streets & sidewalks- Annex. Area 73,565.03 approp.to: General fund (4102-7012.00) Work in Progress- Annex.Area 37,063.00 approp.to: General Fund (4102-5101.01) Electricity- St.Lights ·

The.motion was seconded by Council Member Rhodes, and adopted by a unanimous recorded vote of Council.

~quest was presented from Fire Chief Shifflett for approval of a supplemental appropriation in amount of$ 3,449.75 in order to recover local share of funds collected for Emergency Med~cal Services, through state vehicle registration - Payment for Fiscal Year 1986, from the State L)ept-. of Health. Council Member Rhodes moved that the appropriation be approved for a first r;aning, and t~: I

$ 3,449. 75 chgd, to: General Fund (1901.01) Recoveries & Rebates 3,449,75 approp.to: General Fund (3505-5400.01) Other Materials & Supplies

The motion was seconded by Council 11ember Shank, and adopted by a unanimous recorded vote of Council.

~motion of Council Member Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the following items were approved for purging from Council's calendar, in that the various matters had been finalized, or closed:

Bring map to Council showing distance of ·city 1 s water line from Mr. Thomas Callender's property at Willow Springs Road (8/23/83)

Draw up some procedures for type of mail-in for city stickers (4/24/84) Proposal for parking on Old South High Street-submitted by Mr.Short (2/28/64) Contact V. W. Nesselrodt re condition of property N/E Park (1/11/83) Check on speeding vehicles from South Ave. to Pleasant Hill Road (4/24/84) Check with Senger's Refrigeration & Appliance re old appliances, debris, etc.

which accumulates in rear of building (5/3/84) Check into site distance at yield sign (Ott & Paul Sts.) (7/10/84) Ask trucking firms to use Furnace Road in lieu of Blue Ridge Drive, when

entering cosntruction area (9/11/84) Request of Rocco for closing of Gray St. & portion of K:mtzer Ave. (8/14/84)

(Note: Gray closed, and Kr>atzer, denied) Petitions for closing of Campbell Hotel on N.Main St. (11/22/83-12/13/83)

(Note: Building demolished) Long wait when vehicles go up ramp and turn left onto Port Road (4/10/84)

(Note: bridge and road improved- state project) Noise of fire sirens & excessive number of emergency vehicles answering calls (8/28/84)

/ Intersection of E.Market- Elizabeth & Mason Sts. (8/14/84-2/12/85)

On motion of Council Member Robinson, seconded by Council Member Shank, and a unanimous vote of Council, the following Proclamation was approved:

/

WHEREAS, the City of Harrisonburg has received a State Grant for Litter Control; and

WHEREAS, it is the desire of the City to use this Grant to promote cleaning up of private property, and public rights-of-way within the City,

NOW, THEREFORE, I, Walter F. Green, 3rd, Mayor of the City of Harrisonburg, do hereby proclaim April 28 - May 2, 1986, as

HARRISONBURG BEAUTIFICATION WEEK ------------~Mayor

Through correspondence from the Patrick Henry Memorial Comnission, Ricbmond, Virginia, request was made for a Proclamation, setting out the week of May 24 - 31, 1986 as Patrick Henry Week, which oomnemorates the 250th anniversary of his birth. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a unanimous vote of Council, a proposed Px:oclamation, ~s amended, was approved. ~- .

The City ~1anager presented and read the following Resolution for Council's consideration of approval:

BE IT RESOLVED, that due to construction and reconstruction of certain streets within the city limits of Harrisonburg, there is additional street mileage which is eligible for maintenance payments as follows: .

1. Collector/Local streets which meet the requirements of Section 33.1-41.1 of the Code of Virginia, as amended February 22, 1985, that are eligible for maintenance payment totaling 2.05 miles (4.10 lane miles). Said streets bidng lis.ted on accompaning U-1 (7-1-85), Virginia Department of Highways & Transportation forms and shown in red on city map. ·

THEREFORE, the City of Harrisonburg respectfully requests the Virginia

-

I

:I

I I

84 Department of Highways & Transportation to make maintenance payments effective .July 1, 1986.

ADOPTED and APPROVED this day of , 1986. ------------~Mayor

Atteste: .-:-:--C~----c----oCler k

Following a review of the listed streets and portions of streets, eligible for maintenance payment, Vice-Mayor Dingledine offered a motion for the BBsolution to be approved, with authorization for the proper officials to sign the same. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

~i ty Manager Milam called Council's attention to a dissertation proposal prepared by Mr. Walter Cox, a doctoral candidate in the College of Architecture .and Urban Studies at Virginia Tech, Blacksburg, Virginia. The research relates to the question of compensation for prospective loss of net tax revenues by Rockingham County from the 1983 annexation of land by the City of Harrisonburg. Request was made for access to all relevant documents concerning the annexation, by the researcher. Manager Milam said he had discussed this proposal with Carter Glass, attorney with the finn of Mays, Valentine, Davenport & MOore, in :that the researcher, Mr. Cox, had worked on behalf of the County on the annexation issue. Attorney Glass noted that Mr. Alan Steiss of Virginia Tech, who had signed the correspcndence re the research, was also working with the County during the annexation trial. Manager Milam said his only concern was releasing information, and would prefer to release only information from his office, and that of the Comnissioner of Revenue. Council Member Robinson said he felt that the only way to research the situation would be to consider the city's expense in complying with the annexation court order, rather than a one-sided investigation as to the county's loss of revenue. Vice-Mayor Dingledine offered an opinion that'Mr. Steiss should be informed that their position is well taken, but more information is desired, It was agreed that the matter be tabled.

~or information, Council Member Shank reported that he had attended the Special Education Advisory meeting last night. It was noted that the State Department of Education has completed its review, which is done every five years. When the last review was conducted, Harrisonburg had one of the .lowest ratings in the state, and under the most recent review, Harrisonburg received one of the highest ratings. Dr. Shank said that Harrisonburg currently has 350 students enrolled in Special Education, and that credit for the rating should be given former School Superintendent Wayne Kine, the teachers and Mr. Al Falcioni. ·

At 10:10 p.m., on motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a unanimous vote, Council entered an executive session to discuss real estate and a legal matter.

At 11:30 p,m •. , on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

Z)t/deajPK~ ~~~ Tuesday, April 8, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30, there were present: Mayor Walter F. Green, 3rd; City Manager 1.1farvin B. Milam; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H. Robinson,II, Charles L. Shank; City Auditor Philip L. Peteman and Chief of Police Richard W. Presgrave. Absent: Attorney Norvell A. Lapsley.

~unty Supervisors Lynwood Byerly and Glenn Heatwole, IDS)lbers of the Liaison Comnittee serving with Vice-Mayor Dingledine and Council Member Shank, were present in the meeting for the purpose of making public, actiom which had been taken by the Comnittee with regard to a proposed City/County Office Complex. Vice-Mayor Dingledine acknowledged work which had been done by Council Member Shank, as well as the other members. He offered an opinion that the Committee had accomplished a lot, and said he looked forward to further accomplishments in the future. He asked Supervisor Byerly to reaa the Comnittee Report for Council's consideration, noting that the same report would be presented to the County Board of Supervisors tomorrow night for its consideration. The report was read as follows:

The City-County Liaison Committee recommends the following statement for approval and adoption:

Harrisonburg and Rockingham County have agreed to hire a consultant to study the feasibility of building a jointly owned and operated governmental center. A multistoried complex is envisioned that would most likely house the administrative offices of both jurisdictions along with various govern­mental departments and several of the court systems. One location being considered for the new construction is the city-owned land adjacent to the present Harrisonburg Municipal Building. The study will also extend to all presently owned city and county facilities to integrate possibly the use of these buildings in a more efficient manner.

This is consistent with past actions by the county and city to address problems and projects of mutual concern in a continuing effort to deliver efficient services to the taxpayer at the lowest possible cost. Viable examples of this joint approach are the Massanutten Vocational Technical Center, Shenandoah Valley Airport, Shenandoah Valley Detention Home, Central Fire and Rescue Communications Center, Community Services Board, etc.

The county and the city further agree to contribute equally to pay for the study. The county administrator and the city manager will jointly locate the consultant.

Mayor Green expressed appreciation to Supervisors Byerly and Heatwole for their presence in the meet­ing, and asked Members of Council their wishes concerning the statement of the Liaison Comnittee. Vice-Mayor Dingledine offered a motion for the statement to be approved, as presented. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Council.

84 Depar-tment of Highways & Transportation to mcike maintenance payments effective .July 1~ 1986.

ADOPTED and APPROVED this day of ~ 1986. ______________ Mayor

Atteste: Clerk

--:-:----c:--:---c----::-Following a review of the listed streets and portions of streets, eligible for maintenance payment, Vice-Mayor Dingledine offered a motion for the Resolution to be approved, with authorization for the proper officials to sign the same. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.·

~i ty Manager Milam called Council's attention to a dissertation proposal prepared by Mr. Walter Cox, a docto~al candidate in the College of Architecture .and Urban Studies at Virginia Tech, Blacksburg, Virginia. The research relates to the question of compensation for prospective loss of net tax revenues by Rockingham County from the 1983 annexation of land by the City of Harrisonburg. Request was made for access to all relevant documents concerning the annexation, by the researcher. Manager Milam said he had discussed this proposal with Carter Glass, attorney with the firm of Mays, Valentine, Davenport & Moore, in that the researcher, Mr. Cox, had worked on behalf of the County on the annexation issue. Attorney Glass noted that Mr. Alan Steiss of Virginia Tech, who had signed the correspondence re the research, was also working with the County during the annexation trial. Manager Milam said his only concern was releasing information, and would prefer to release only information from his office, and that of the Corrmissioner of Revenue. Council Member Robinson said he felt that the only way to research the situation would be to consider the city's expense in complying with the annexation court order, rather than a one-sided investigation as to the county's loss of revenue. Vice-Mayor Dingledine offered an opinion that Mr. Steiss should be informed that their position is well taken, but more information is desired. It was agreed that the matter be tabled.

hor info:rmrut~on, Council Member Shank reported that he had attended the Special Education Advisory meeting last night. It was noted that the State Department of Education has completed its review, which is done every five years. When the last review was conducted, Harrisonburg had one of the lowest ratings in the state, and under the most recent review, Harrisonburg received one of the highest ratings. Dr. Shank said that Harrisonburg currently has 350 students enrolled in Special Education, and that credit for the rating should be given former School Superintendent Wayne Kine, the teachers and Mr. Al Falcioni.

At 10:10 p.m., on motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a unanimous vote, Council entered an executive session to discuss real estate and a legal matter.

At 11:30 p.m •. , on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned. · ·

Tuesday, April 8, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30, there were present: Mayor Walter F. Green, 3rd; City Manager Jl.~arvin B. Milam; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H. Robinson,II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W. Presgrave. Absent: Attorney Norvell A. Lapsley.

vc;;unty Supervisors Lynwood Byerly and Glenn Heatwole, merpbers of the Liaison Corrmittee serving with Vice-Mayor Dingledine and Council Member Shank, were present in the meeting for the purpose of making public, actiom which had been taken by the Committee with regard to a proposed City/County Office Complex. Vice-Mayor Dingledine acknowledged work which had been done by Council Member Shank, as well as the other members. He offered an opinion that the Committee had accomplished a lot, and said he looked forward to further accomplishments in the future. He asked Supervisor Byerly to reaa the Committee Report for Council's consideration, noting that the same report would be presented to the County Board of Supervisors tomorrow night for its consideration. The report was read as follows:

The City-County Liaison Committee recommends the following statement for approval and adoption:

Harrisonburg andRockingham County have agreed to hire a consultant to study the feasibility of building a jointly owned and operated governmental center. A multistoried complex is envisioned that would most likely house the administrative offices of both jurisdictions along with various govern­mental depar-tments and several of the court systems. One location being considered for the new construction is the city-owned land adjacent to the present Harrisonburg Municipal Building. The study will also extend to all presently owned city and county facilities to integrate possibly the use of these buildings in a more efficient manner.

This is consistent with past actions by the county and city to address problems and projects of mutual concern in a continuing effort to deliver efficient services to the taxpayer at the lowest possible cost. Viable examples of this joint approach are the Massanutten Vocational Technical Center~ Shenandoah Valley Airport~ Shenandoah Valley Detention Home~ Central Fire and Rescue Communications Center~ Community Services Board~ etc.

The county and the city further agree to contribute equally to pay for the study. The county administrator and the city manager will jointly locate the consultant.

Mayor Green expressed appreciation to Supervisors Byerly and Heatwole for their presence in the meet­ing, and asked Members of Council their wishes concerning the statement of the Liaison Corrmittee. Vice-Mayor Dingledine offered a motion for the sta,tement to be approved, as presented. The motion was seconded by Council Hember Rhodes, and adopted by a unanimous vote of Council.

11111----------------------------------------------------------------------~

Minutes of ·the regular m..eeting he.ld on March 25th were approved as read.

The following regular monthly reports were presented and ordered filed: From the City Manager:

A report of activities in the various departments and said office for the month of March, 1986. From the City Treasurer:

A trial balance report as of close of business on March 31, 1986. From the Police Department:

A report of Fines & Costs, $ 3;569.50; Cash collected from street parking meters, $ 8,340.57; total runount turned over to Treasurer for month of March, 1986 - $ 11, [HQ.07. From the City Auditor:

A report of cash discounts saved in payment of vendor's invoices for month of March, 1986 in total amount of'$· 243.57. From the Department of Utility Billing:

A report of water, sewer & refuse accounts; meters read; installations; cut delinquents; complaints; re-reads, etc. for Month of March, 1986.

85

~Correspondence was presented fr;m the National Democratic Policy Committee, with a request for permission to distribute literature concerning the NPDC from a card table on a public sidewalk with good pedestrian traffic (i.e. Post Office). Vice-Mayor Dingledine said it would actually be a member­ship drive and Council Member Rhodes suggested that the request be denied. City Manager Milam noted that most uses approved, are for craft shows and promotions for downtown businesses, and added the fact that the city's ordinance prohibits obstruction of public sidewalks. Council Member Rhodes offered an opinion that granting this type of request, would set a precedent for others. Following the brief discussion, it was agreed that the request be deferred, pending a legal opinion, and the City Manager was asked to get additional information ~ same.

~City Manager Milam informed Council that he was in receipt of the budget for fiscal year 1986-87, submitted by the Harrisonburg Electric Commission, and noted that it is required to be received by · April 7th each year.

~Council Member Robinson moved that a supplemental appropriation in amount of$ 3,449.75, requested by the Fire Chief in order to recover local share of funds collected for Emergency Medical Services, through state vehicle registration for Fiscal Year 1986 from the State Department ofHealth, be approved for second & final reading, a first reading having been approved on March 25th, and that:

· $ 3,449.75 chgd. to: C;eneral Fund (1901.01) Recoveries & Rebates 3,449.75 approp.to: General Fund (3505-5400.01) other Mat •. & Supplies

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

~ A request was presented from Police Chief Presgrave for approval of a supplemental appropriation lll amount of $ 4,060.14 in order to return funds received, to accounts from which they were expended. The amount represents check received from Allstate for wrecked cruiser; ~10 overtime check and over­time earnings for Harrisonburg police officers under DUI Grant. Council Member Rhodes moved that the appropriation be approved for a first reading, and that:

$ 4,060.14 chgd. to: General Fund (1901.01) Recoveries & Rebates 1,119.90 approp.to: General Fund (3101-3004.03) Ma.int. & Repair of Auto Equip. 2,940.24 approp. to:· General Fund (3101-1001.07) Spec. Police

The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

/Correspondence was presented from the Virginia Municipal League, requesting nrunes of nominees to serve on seven policy committees, and attend meetings between Hay and Mid-August this year, prior to the annual conference in September. The City ~1anager was instructed to return the requested form, with the following individuals nominated to the various committees:

Community & Economic Development: Effective Government: Environmental Quality: Human Development: Public Safety: Transportation: Education:

Council Member Thomas H. Robinson, II Mayor Walter F. Green, 3rd Hr. John E. Driver }.tts. Sonja Bible, Director of Social Services Chief of Police Richard W. Presgrave Council Member Elon W. Rhodes Council Member Charles L. Shank

~Council was reminded that a vacancy had been created on the Harrisonburg Redevelopment Authority, with the passing of Lyle Sweet, and Mayor Green asked members' wishes concerning an appointment. Council Member Rhodes moved that Mr. Robert C. Williams of 468 Myers Avenue, Harrisonburg be appointed to the Authority to fill the unexpired term to November 20, 1988. The motion was seconded by Vice­Mayor Dingledine, and adopted by a unanimous vote of Council.

/council was reminded that a vacancy exists on the Bi-Racial Committee, and Mayor Green asked members' wishes concerning an appointment. Inasmuch as the committee has not been active, insofar as meetings, Council Member Robinson offered a motion for the Committee to be placed "on hold" until a need arises for it to be re-activated. The motion was seconded by Council Member Sha:hk, and adopted by a unanimous vote of Council.

~Vith the realization that the one year terms of members on the Price-Rotary Senior Citizens' Advisory Board will expire as of May 1st of this year, Vice~~.1ayor Dingledine, Chairman of the Commis­sion, offered a motion for the Commission to be dissolved, in that some of the programs have changed, and activities are under the supervision of the Parks & Recreation Department. The motion was seconded by Council ~1ember Robinson, and adopted by a unanimous vote of Council. Vice-Mayor Dingledine said he would send letters to all members, expressing appreciation for services rendered.

~City Attorney Lapsley provided for this evening's meeting, Notice from the Circuit Court of Rockingham County that Mr. Forrest C. Palmer had been reappointed to the Board of Zoning Appeals for a second term of five (5) years, expiring March 20, 1991.

~Due to accidents which have been occurring at the intersection of Erickson Drive and South High

11111~--------------------------------

r I

Street, Vice-Mayor Dingledine asked the possibility of reducing the speed limit until a traffic light is installed by the Highway Department •. Chief of Police Presgrave noted that the problem is not with speed, but rather, vehicles turning off Erickson Drive into a 4-lane traffic situation, north into the city.

~Council Member Robinson registered reports he had received concerning a problem of misuse of the basketball area at Purcell Park. He asked the possibility of placing same signs in the area and pro­vision of a portable "john."· Vice-Mayor Dingledine said the Recreation Director and Conrnission Chairman would relay information concerning the situation to representatives of James Madison Univer­sity, inasmuch as earlier complaints referred to students' use of the park facilities. No action taken with regard to signs or "john''.

/Correspondence was presented from the District Manager of Virginia Electric & Power Company, en­closing three copies of an agreement between VEPCO and the City of IIarrisonburg for purchase of electicity by the municipality, with term of agreement from 7/l/85 to 6/30/88. City Manager Milam pointed out that an agreement (contract) is negotiated from time to time by the Virginia Municipal League, and that the proposed agreement concerns electric service at the city's pumping station at Bridgewater. Following a brief discussion, Council Member Rhodes offered a motion for the City Manager to be authorized to sign and return the requested forms. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

vS_ ty Manager Milam presented and read the following Board of Viewers' report concerning the requested closing of a 15' alley north of West Grattan Street:

We~ the Board of Viewers~ John H. Byrd~ Sr.~ Richard L. Suter~ Wilmer C. Byrd~ Sr. and William L. Blair~ did meet at the alley April 4~ 1986~ at 10:05 a.m. We unanimously agreed that the alley has not been used/is not being used~ nor is it foreseeable that it will be used as an alley. We agreed that closing the alley would be no incon­venience. We recommend it be closed and the lands it occupies be returned ti the adjoining lot owners.

This alley is 15' wide~ 304' long. Lots 11 through 17 border it on the south~ while Lot 18 borders the north side. It is north of and parallel to lower West Grattan Street. It joins the C & W Railroad property on the west. It has a confluence with the alley west of Liberty Street that joins Grattan Street and Lewis Street.

Council w~~ reminded that a Planning Commission report, recommending the closing and appointment of a Board of Viewers, had been presented at the ~!larch 25th meeting. The normal procedure is for the Viewers' report to be accepted and an ordinance for the closing, approved for a first reading. The City Engineer provides the City Attorney with metes and bounds of the alley, or portion of alley to be closed, for his information in the preparation of an ordinance, and this information is also relayed to the Commissioner of Revenue for a determination of fees to be charged adjoining lot owners. A second reading of the ordinance is deferred until proper fees have been received. Council Member Shank offered a motion for the Viewers' report to be accepted and an ordinance for closing of the alley to be approved for a first reading, and referred to the City Attorney to be drawn in proper form. The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

At 8:40 p.m., on motion of Council Member Rhodes, seconded by Vice-Mayor Dingledine and a unanimous vote, Council entered an executive session to discuss real estate and personnel.

At 10:10 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

Tuesday, April 22, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Harvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H. Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W.Presgrave. Absent: none.

Minutes of the regular meeting held on April 8th were approved as read.

Council received the City Auditor's financial report for month of March, 1986, and ordered same fil~--- . .

Ms. Tami Morello, General Manager of The Valley Hall, was present in the meeting as a follow-up of her letter dated 4/15/86, in which request was made for consideration of an annual payment of $1,000 by Valley Mall, to the City, which would be equivalent to two itinerant merchants' license. She said she would like to look at the Mall Management Company as one business entity, and to be permitted to . purchase its own license to cover temporary merchants who rent space in the mall. She noted a problem with the mall getting into the tax business. The management would be assured that all temporary mer­chants have a valid state sales tax identification number, and would keep sales records of all those businesses, available for inspection by city officials, in order to ensure that the city receives its share of local s.ales tax. Comnissioner of Revenue Smith noted that he had accmulated a lot of infor­mation from other cities, which he had not found the time to analyze. Hayor Green said that the matter had been discussed, from the standpoint of only one license tax for the mall's itinerant mer­chants. He asked Mr. Smith to get his information together, and work with the City Attorney with regard to a solution, and further requested that they contact Ms. Morello when a satisfactory fee-has been established.

v-----Through correspondence from Attorney EarlP"'haima, Jr., on behalf of Martin L. Stroble, request

was made for consideration in the rezoning of four lots at the corner of Clinton and Madison Streets,

-

Tuesday, April 22, 1986

At a regular meeting of Council held in the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Harvin B. Milam; City Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomas H. Robinson, II, Charles L. Shank; City Auditor Philip L. Peterman and Chief of Police Richard W.Presgrave. Absent: none.

Minutes of the regular meeting held on April 8th were approved as read.

Council received the City Auditor's financial report for month of March, 1986, and ordered same fil~---

Ms. Tami Morello, General Manager of The Valley Mall, was present in the meeting as a follow-up of her letter dated 4/15/86, in which request was made for consideration of an annual payment of $1,000 by Valley Mall, to the City, which would be equivalent to two itinerant merchants' license. She said she would like to look at the Mall Management Company as one business entity, and to be pennitted to · purchase its own license to cover temporary merchants who rent space in the mall. She noted a problem with the mall getting into the tax business. The management would be assured that all temporary mer­chants have a valid state sales tax identification number, and would keep sales records of all those businesses, available for inspection by city officials, in order to ensure that the city receives its share of local s.ales tax. Comnissioner of Revenue Smith noted that he had accliDIUlated a lot of infor­mation from other cities, which he had not found the time to analyze. Mayor Green said that the matter had been discussed, from the standpoint of only one license tax for the mall's itinerant mer­chants. He asked Mr. Smith to get his information together, and work with the City Attorney with regard to a solution, and further requested that they contact Ms. ~1orello when a satisfactory fee-has been established. ~-

Through correspondence from Attorney Earl/i':hanna, Jr., on behalf of Martin L. Stroble, request was made for consideration in the rezoning of four lots at the corner of Clinton and Madison Streets,

-

87· from R-2 Residential to H--2 General Business. The intent of the owner is to lease the lots for use as a parking lot by the auto shop on the corner. Vice-Mayor Dingledine moved that the request be referred to the City Planning Commission for study and recommendation. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

~rrespondence was presented from Columbia Gas of Virginia, enclosing copy of the Virginia State Corporation Commission's Order pertaining to an application of Columbia to be permitted to flex its rates to meet all oil and propane competition under Rate Schedule Alternate Fuel Displacement Service. City Manager Milam informed Council that he questioned the term t!flexn and had made available a copy of the Order to ~rr. John Holsten because of the adverse effect the rates may have on the city's steam plant, in that JMU uses gas in lieu of steam, at a reduced rate. A public hearing is scheduled for May 16, 1986 at 10 a.m. in the Cornnission's Courtroom for the purpose of receiving evidence relevant to Columbia's request for a flexible rate. Following discussion, the City Manager was asked to co~/ representative of the company for further clarification, concerning the term t1flex.n

Mr. Jack Altemus, Valley Regional Director of the Virginia Employment Commission, was present in the meeting to present highlights from the Job Service Plan, 1986 Program Year, for Delivery Area IV, Shenandoah Valley. He said a request had been received for the Plan to be coordinated (i.e. how to do business and what is going to be done). He noted that the area covers from Winchester to Buena Vista, and that for the past few years, the Plan has been presented to City Council, with concurrence through the signature of a city official. l~. Altemus pointed out that the Plan reflects an approxi­mate 3% increase with regard to what they expect to do this year, over the same period last year. Council Member Robinsin offered a motion for Council to concur in the 1986 Plan, with authorization for the Mayor to sign on behalf of the City of Harrisonburg. The motion was seconded by Vice-Mayor Dingledine, and adopted by · a unan.imous vote of Council.

/city Manager Milam called attention to correspondence from Attorney Stephen Heitz, enclosing a proposed Pretreatment Agreement between the City of Harrisonburg and the Harrisonburg-Rockingham Regional Sewer Authority, page 2 of which had been revised in order to delete any responsibility on the Authority. Reminder was made that the city had agreed to establish and enforce an industrial pretreatment program, in action taken in March of this year. The existing fee schedule of April 10, 1986 will be followed. Manager Milam said he would like for Water Treatment Plant Manager Armstrong, Water/Sewer Superintendent Yancey, and John Driver, to get together and review the situation, in that the matter of pretreatment is ready for some discussion, but not for publicity. He noted that it may be feasible for one person to do all the sampling, with cost to be divided between the jurisdications, and an equal fee schedule. The matter was deferred until the next regular meeting of Council, for further clarification, following a study by the individuals mentioned.

~~respondence of 4/7/86 from School Superintendent Hiner was presented, with request for Council's consideration of approving an application for a Literary Fund Loan in total amount of $ 315,000. It was noted that Harrisonburg's share of the total cost.would be $ 47,250 at an interest rate of 5% for a period of 20 years. Requested funds would be used for construction of an addition to the Massanutten Vocational Technical Center, to house special education and assessment center facilities. Council Member Rhodes offered a motion for Council to approve the School's application for a Literary Fund Loan. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unani­rrous vote of Council.

~~th regard to a previous request from the National Derrocratic Policy Cornnittee to set up a card table on a sidewalk in downtown Harrisonburg to distribute literature, City Attorney Lapsley informed Council that ''it may be toughn to deny the request, in that it could mean involvement in political activity, particularly under First Amendment Rights and Freedom of Speech. Inasmuch as City Council is trustee of sidewalks, and has the right to select a proper location, Attorney Lapsley suggested that more information is needed concerning dates and times the committee desires to use the sidewalk. City Manager l1ilam was instructed to contact the committee for additional information.

v---Vice-Mayor Dingledine moved that a supplemental appropriation in arro~t of $ 4,060.14, requested by the Police Chief in order to return funds, to accounts from which they were expended, be approved for second & final reading, a first reading having been approved on April 8th, and that:

$ 4,060.14 chgd.to: General Fund (1901.01) Recoveries & Rebates 1,119.90 approp.to: General Fund (3101-3004.03) Maint. & Repair of Auto Equip. 2,940.24 approp.to: General Fund (3101-1001.07) Special Police

The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council •.

~request was presented from the Director of Social Services for approval of a re-allocation of funds in amount of $ 20,000, representing replacement of an automobile and copier; replacement of other office equipment which the Department had borrowed from the Private Industry Council, in light of the agency's move. Vice-Mayor Dingledine moved that the re-allocation of funds be approved, and that:

$ 5,000. trans.£rom: VPA Fund (5301-1001.02) Pers.Serv.- Joint Functions 5,000. trans.from: VPA Fund (5301-1001.05) Pers.Serv.- Elig. PA 3,500. trans.from: VPA Fund (5301-2014.01) Other Op.- FICA, Retire,Grp.Ins. 1,000. trans.from: VPA Fulld (5301-5500.01) Travel & Staff Development 5,500. trans.from: VPA Fund (5301-8001.02) Other Op.- Office Space Chg.

10,000. trans.to: VPA Fund (7000-7002.01) Cap. Outlay- Office Equip. 10,000. trans.to: VPA Fund (7000-7005.01) Cap. Outlay- Auto Equip.

The motion was seconded by Council Member Robinson, and adopted by a unanimOlJS recorded vote of Council.

~cil was reminded that Mr. Billy M. Walton's second term on the Industrial Development Authority will expire on April 24, 1986~ rendering him ineligible for reappointment. The first term of Dr. J.F. Wine will also expire on April 24th. Council Member Shank offered a motion for Dr. Wine to be reappoin­ted to the Authority for a second term of four (4) years, expiring April 24, 1990. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

~or consideration of a second & final reading, City Attorney Lapsley presented a r~vised ordinance amending Sec. 4-2-66 of the City Code, entitled !!Telephone Service.n ·He explained that the original ordinance, approved for a first reading on March 11th, set out an qmount of initial fee to be placed

I

A -------·--·----- ---------------------

88 on each access line :i:n the city·, qS well q$. a later tee ;f'ollowing completion of the £-911 Emergency System. The revised ordinance includes the following statement: 11the amount of said fees shall be established by council. 11 Vice-Mayor Dingledine rroved that the ordinance, as revised, be approved for second & final reading, with authorization for the Mayor to sign the Ordinance and the Clerk to attest same and SPread upon the pages of the City's Ordinance Book. The rrotion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council. (Refer to Ord. Bk L, page 63).

v-For infonnation, City Manager Milam presented correspondence from the Virginia Department of Highways & Transportation, concerning urban maintenance payments for all cities and towns, and ad­vising that the definition of Maintenance would be expanded to include the following:

1. Storm drainage replacement for undersized culverts 2. Minor pavement widening where tractor trailers run off the pavement or

intersectiDn radii need to be increased to accommodate turning movements. 3. Reconstruction or replacement of roadbeds or sidewalks where they are

deteriorated beyond repair. 4. Plant mix overlays for streets previously only surface treated. 5.Higher grade materials, such as traffic signs and paint, than originally used. 6. High-intensity pavement marking devices on roadways 7. Traffic control devices upgrading and replacement 8. Barriers or guardrails to protect traffic control cabinets when the barrier

or guardrail is immediately adjacent to the cabinet. Man/r Milam noted that the expanded definition would be of benefit to the City.

City Manager Milam infonned Council that request had been received from a developer to purchase land across from Keister School on the west side of Central Avenue. He noted that the frontage may be equivalent to a city block in length, and asked Council's desire with regard to this city owned parcel. Council }[ember Rhodes pointed out the fact that the high density zoning of R-3 was instru­mental in Council's decision approximately five years ago, when another request for purchase was denied. Although Council Member Robinson suggested the possibility of down-zoning the property and consideration of future offers for purchase, it was noted that due to the shape of the parcel and its location next to C-W railroad tracks, the property would not be profitable for anything other than high density residential development. Council Member Rhodes offered a motion for the property to be retained by the City. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

~or infonnation, Vice-4[ayor Dingledine, a member of the Harrisonburg Parks & Recreation Commission, reported on a meeting of the Commission, attended by Mr. L.J.Purcell on behalf of a group of petitioners from the Purcell Park Area who had expressed concern about misuse of the park facilities. The Commis­sion Chainnan discussed progress which had been made toward a solution to the problem, including meetings with JMU Administration and Student Government. The Vice-Mayor said that the Commission has requested meetings with J1ITJ representatives again next SPring and £all, in order to increase aware-ness of respecting proper use of the park. Recreation Director Gilkerson has indicated that some 11no treSPassing11 signs would be posted, for after 10 p.m. and city police have been patrolling the area, with some improvements noted. Mr. Purcell is the only property owner that has land adjacent to the park, and his property has no fence. Director Gilkerson agreed that a fence would be erected.

~ty Manager Milam was instructed to pass along infonnation to Warner Cable that Rockingham Motel on Rt. ll south, desires cable service. He noted that a proposal from Warner should be in by May 20th, which includes a provision for extension of cable services to areas not presently served.

~e to complaints being registered concerning the littering of streets and roads by feathers from Holly Fanns trucks, Chief Presgrave was asked to contact Mr. Harrison, General Manager, about the situation.

There being no further business and on motion duly adopted, the meeting was adjourned at 8:57 p.m.

.~ ~ « ~__r. z4_f...v,. ~--1J MA¥f?~"' _2).--4> CLERK

Tuesday, May 13, 1986

88 on each access l i n e i n the city-, as w e l l as. a l a t e r fee following cojrjpletion of the E^911 Emergency System. The revised ordinance includes the following statement: "the amount of said fees s h a l l be established by council." Vice-Mayor Dingledine moved that the ordinance, as revised, be approved for second & f i n a l reading, with authorization f o r the Mayor to sign the Ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council Manber Robinson, and adopted by a imanimous recorded vote of Council. (Refer to Ord. Bk L, page 63).

For information. C i t y Jfenager Milam presented correspondence from the V i r g i n i a Department of Highways & Transportation, conceming urban maintenance payments for a l l c i t i e s and towns, and ad­v i s i n g that the d e f i n i t i o n of Maintenance would be expanded to include the following:

1. Storm drainage replacement f o r undersized culverts 2. Minor pavanent widening where tr a c t o r t r a i l e r s run o f f the pavanent or

intersection r a d i i need to be Increased to accommodate turning movements. 3. Reconstmction or replacement of roadbeds or sidewalks where they are

deteriorated beyond repair. 4. Plant mix overlays f o r streets previously only surface treated. 5. Higher grade materials, such as t r a f f i c signs and paint, than o r i g i n a l l y used. 6. High-intensity pavement marking devices on roadways 7. T r a f f i c control devices upgrading and replacement 8. Barriers or guardrails to protect t r a f f i c control cabinets when the b a r r i e r

or guardrail i s inmediately adjacent to the cabinet. Manager Jhlam noted that the expanded d e f i n i t i o n would be of benefit to the C i t y .

C i t y Manager Milam informed Council that request had been received from a developer to purchase land across from Keister School on the west side of Central Avenue. He noted that the frontage may be equivalent to a c i t y block i n length, and asked Council's desire with regard to t h i s c i t y owned parcel. Coimcil Member Rhodes pointed out the fact that the high density zoning of R-3 was i n s t r u ­mental i n Council's decision approximately f i v e years ago, when another request f o r purchase was denied. Although Council Member Robinson suggested the p o s s i b i l i t y of down-zoning the property and consideration of future offers f o r purchase, i t was noted that due to the shape of the parcel and i t s location next to C-W r a i l r o a d tracks, the property would not be p r o f i t a b l e f o r anything other than high density r e s i d e n t i a l development. Council Manber Rhodes offered a motion f o r the property to be retained by the C i t y . The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

For infoimation, Vice-Mayor Dingledine, a member of the Harrisonburg Parks & Recreation Conmission, reported on a meeting of the Conmission, attended by Mr. L.J.Purcell on behalf of a group of petitioners fron the P u r c e l l Park Area who had expressed concern about misuse of the park f a c i l i t i e s . The Conmis­sion Chairman discussed progress which had been made toward a solution to the problan, including meetings with JMU Administration and Student Government. The Vice-Mayor said that the Commission has requested meetings with JMU representatives again next spring and f a l l , i n order to increase aware­ness of respecting proper use of the park. Recreation Director Gilkerson has indicated- that some "no trespassing" signs would be posted, f o r a f t e r 10 p.m. and c i t y p o l i c e have been p a t r o l l i n g the area, with some improvements noted. Mr. P u r c e l l i s the only property owner that has land adjacent to the park, and h i s property has no fence. Director Gilkerson agreed that a fence would be erected.

'y C i t y Manager Milam was instructed to pass along infoimation to Warner Cable that Rockingham Motel on Rt. 11 south, desires cable service. He noted that a proposal from Wamer should be i n by May 20th, which includes a provision f o r extension of cable services to areas not presently served.

- Due to complaints being registered concerning the l i t t e r i n g of streets and roads by feathers from Holly Farms tmcks. Chief Presgrave was asked to contact Mr. Harrison, General Manager, about the s i t u a t i o n .

There being no further business and on motion duly adopted, the meeting was adjourned at 8:57 p.m.

CLERK

Tuesday, May 13, 1986

At a regular meeting of Council held i n the Coimcil Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B, Milam; C i t y Attomey Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Members Elon W. Rhodes, Thomas H. Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peteiman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on A p r i l 22nd were approved as corrected.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of A p r i l , 1986. From the City Treasurer:

A t r i a l balance report as of close of business on A p r i l 30, 1986, From the Police Department:

A report of cash collected from street parking meters, $ 7,503.09; Fines & Costs, $ 5,655,08; t o t a l cash turned over to C i t y Treasurer, $ 13,158,17, From the C i t y Auditor:

A f i n a n c i a l report f o r month of A p r i l , 1986, A report of cash discounts saved i n payment of vendor's invoices i n amount

of $ 129.50 for month of A p r i l , 1986, From the Department of U t i l i t y B i l l i n g :

A report of water, sewer & refuse accoimts; meters read; i n s t a l l a t i o n s ; cut

delinquents; complaints; re-reads, etc, month of A p r i l , 1986,

8M

Correspondence was presented from lir. Craig W. Moore, requesting rezoning of property situate on the southeast corner of South Main and Canpbell Streets, from R-3 Residential to B-2 General Business. Purpose of the request i s to allow the home to be restored to an inn and f i n e dining restaurant. On motion of Council Member Rhodes, seconded by Council Member Robinson, and a unanimous vote of Council, the request was referred to the Ci t y Planning Commission for review and report.

^ ^ t t e n t i o n -was c a l l e d to correspondence to Water/Sewer Superintendent Yancey frcm the Shenandoah Telephone Company, enclosing detailed plans covering the layout of the proposed towers foundation and indi v i d u a l foundation footings of a tower proposed to be erected near Vine Street, 20' or more away fron the c i t y ' s water l i n e . C i t y Manager Blilam noted that the tower would be located between the c i t y ' s two reservoirs, and approximately 150' i n height. He suggested that the request be referred to the Ci t y Planning Commission f o r review and report. On motion of Council Member Shank, seconded by Council Member Robinson and a unanimous vote of Council, the request f o r erection of a tower, was so referred.

- Correspondence was presented from Mrs. Janet Detamore, Executive Secretary of the Harrisonburg/ Rockingham Mental Health Association, i n which request was miade for permission to use the sidewalk on the south side of Coiort Square on Saturday, May 31st, from 10 a.m, - 2 p.m. for the annual Family Fun F e s t i v a l . C i t y Manager Milam noted that the c i t y i s trustee of sidewalks, and that t h i s p a r t i c u l a r egent i s one which has been approved over past years. Vice-Mayor Dingledine offered a motion for the request to be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council,

For information and recordation i n Council minutes. C i t y Manager Milam presented r e s u l t s of the General Ele c t i o n held i n the Ci t y of Harrisonburg on May 6, 1986 for Council Members. The report, submitted and signed by maribers of the Harrisonburg E l e c t o r a l Board, set out the voting r e s u l t s as follows:

Walter F, Green, 3rd, 1,526; Timothy P, M i l l i g a n , 1,340; Charles L, Shank, 1,585; Roy Erickson, 2; Eon Boyd, 1; Quiet T, Please, 1

Greatest number of votes cast f o r Walter Green and Charles Shank, for the two C o m c i l seats,.

With regard to item 4 on t h i s evening's agenda "HEC - Proposed transmission and substation expansion". C i t y Manager Milam informed Council that HEC i s not prepared at t h i s time to go public with t h e i r location, and has requested that the matter be delayed f o r two weeks.

''^Harrisonburg School Superintendent Alan Hiner was present i n the meeting to speak to the need for a new intermediate school i n order to re l i e v e the crowded s i t u a t i o n which presently e x i s t s , p a r t i c u l a r l y at the Thomias Harrison J r , High and Harrisonburg High Schools, He noted that many programs have been mandated on the state and l o c a l l e vels and the Senior High School i s beyond i t s capacity and losing rooms i n the J r . High building, with that space now needed by the J r . High School. The plan i s to construct a f a c i l i t y at the recently acquired Lineweaver land on Rt. 33 west, to house grades 6, 7 & 8, which would r e l i e v e the crowding by renoving the 6th grade from elanentary schools and grades 7 & 8 from Thcmas Harrison Jr.High, Superintendent Hiner informed Council that the School Board has agreed to formally express i t s intention to begin plans for the new school, based on Council's approval and funding. Application w i l l be made for a L i t e r a r y Fund Loan at 5% interest, over a 2p-year period. Additional funding would have to be provided through other means. Following approval of the governing body to proceed with the project, he noted that an architect would be acquired to plan, design and-, supervise the work. Seed money has been put into the project, which Superintendent Hiner fee'Is may take care of the i n i t i a l phase. Inasmuch as the t o t a l project i s estimated between 6 and 7 m i l l i o n d o l l a r s , Jlr, Hiner said that the payment period would be negotiated i n order to delay the project, for additional fimding. Three individuals are being proposed to comprise an Archi t e c t u r a l Selection Committee: Jim Messner, School Board Chairman; Building/Zoning O f f i c i a l John Bjrrd and Superintendent Hiner, When question was raised i n Council concerning how long the new school may be s u f f i c i e n t to meet space needs. Superintendent Hiner said he f e l t " i t would take care of the si t u a t i o n for a f a i r l y i n d e f i n i t e period of time, inasmuch as i t w i l l be b u i l t f o r 800 students. He added the fact that "down the road, we are looking at another elanentary school," When Mayor Green offered a projection of ten years, Mr. Hiner said that was a good guess. When the Mayor questioned cost of refurbishing the J r , High building, Mr, Hiner said he had no estimate, i n that those costs had not been addressed, to t h i s time. He noted a need to ejqjand both lab and l i b r a r y areas, which would be solved, to some extent, by another middle school. Following discussion, Vice-Mayor Dingledine offered a motion f o r the School Board to be authorized to proceed along l i n e s of the Superintendents' presentation. The motion was seconded by Council Manber Robinson, and adopted by a imanimous vote of Council.

For Council's consideration. C i t y Manager Milam presented the following proposed Pretreatment Agreement between the Harrisonburg-Rockingham Regional,Sewer Authority and Ci t y of Harrisonburg, as prepared and sutanitted by Attorney Stephen T. Heitz:

THIS AGREEMENT is entered into this day of , 1986, between the HARRISONBURG-ROCKINGHAM REGIONAL SEWER AUTHORITY (the "Authority"), a public body, politic and corporate, created pursuant to the Virginia Water and Sewer Authori-

' ties Act, and the CITI OF HARRISONBURG ("Harrisonburg"), a municipal corporation of the Commonwealth of Virginia.

PREAMBLE:

1. The Authority has developed and is implementing an industrial pretreatment program pursuant to conditions contained in its waste-water discharge permit issued by the Commonwealth of Virginia.

2. Harrisonburg entered into an Industrial Pretreatment Agreement with the Authority (the "Agreement") dated March 4, 1985, agreeing to establish and enforce an industrial pretreatment program conforming to the requirements con­tained in the Federal Pretreatment Regulations (40 CFR Part 402). Harrisonburg has adopted an ordinance enacting such a program.

THEREFORE, in consideration of the premises and the following terms and conditions, the Authority and Harrisonburg agree as follows: •

1. PursuanX to paragraph 8 of the Agreement, Harrisonburg grants to the Authority

m the tegaZ authority and the Authority assumes all responsibility for performance of technical and administrative activities necessary for im[plementing Harrisonburg's industrial- pretreatment program in accordance with Harrisonburg's Sewer Ordinance, the Agreement and all local, state and federal laws and regulations.

2. Harrisonburg agrees to pay to the Authority all costs incurred by the Authority in performing the activities assumed by the previous paragraph. All work contracted for by the Authority will be billed at cost, and all work performed by the Authority will be billed according to the Authority's rate 'schedule in effect at the-time of billing.

2. This Agreement may be terminated by either party upon SO days ' written notice to the other party. Upon termination (a) the Authority shall make available to Harrisonburg all records pertaining to activities performed pursuant to this Agreement and (b) Harrisonburg shall pay to the Authority all costs for work either contracted for or 'in progress.

The parties have caused this document to be executed on their behalf by their duly authorized officers,

HARRISOmUEG-ROCKINGHAM REGIONAL SEWER AUTHORITY

By . Chairman • Secretary

CITY OF HARRISONBURG, VIRGINIA By Mayor

Atteste: Clerk

Manager Milam pointed out that under Section 7-3-85(a(2) of the Harrisonburg C i t y Code, the c i t y i s required to pretreat to an acceptable condition f o r discharge to the public sewers, and noted that under the proposed Agreement, the Authority's personnel would perform a l l t e s t i n g within the Ci t y of Harrisonburg. He reconmended that the proposal be approved, signed, and forwarded to Attomey Stephen Heitz to obtain signatures of the Authority's Chairman and Secretary. Following discussion. Council Member Rhodes offered a motion f o r the Pretreatment Agreement to be approved, with authorization f o r the proper o f f i c i a l s to sign the same on behalf of the C i t y of Harrisonburg. The motion was seconded by C o m c i l Manber Shank, and adopted by a unanimous vote of C o m c i l .

i^^63mcil received the following Planning Conmission report from i t s A p r i l 23rd meeting: "...The -Commissioners studied a plat of the McHar property on South

Court Square which extends to West Water Street. The owner desire to sell a 19.2' X 59.6' portion, which faces West Water Street. An existing building covers the proposed lot and a 2.1' open space separates the b uilding from the Golden China Restaurant. Mr. Trobaugh moved and Mr. Hughes seconded his motion that the Commission recommend approval of the McHar, Inc, Subdivision. The motion passed unanimously..,"

C i t y Manager Milam c a l l e d attention to the p l a t attached to the report and said that the l o t i n ques­t i o n i s a r e l a t i v e l y small one, between Court Square and West Water Street. Planning Director S u l l i v a n noted that the l o t i s very narrow, and added the fact that the C i t y has no minimum l o t size requirement. C o m c i l Member Rhodes offered a motion for the McHar, Inc. Subdivision to be approved, as recommended by the Planning Conmission. The motion was seconded by Vice-Mayor Dingledine, and adopted by a mani­mous vote of C o m c i l .

''"^ty Manager Milam presented and read the following Planning Conmission report frcm i t s A p r i l 23rd meeting:

"... The Commissioners reviewed a Final Plat showing a re-subdivision of Lot 7B on the north side of Reedy Circle in Interstate Commercial Park Subdivi­sion, Mr, Bill Neff told the Commissioners that he desires to sell Lot 7C to Mr, Ike MoCary. He stated that the drainage ditch crossing the front of proposed Lot 7C is being constructed and drainage work will be finished within a week. Also, a final location for the drainage easement on Lot 7B will be established when development occurs, Mr. Hartman moved and Mr, Trobaugh seconded his motion to recommend approval of Lots 7B and 70 of Interstate Commercial Park Subdivision. The motion passed unanimously..,"

Attention was ca l l e d to the attached p l a t , and Planning Director S u l l i v a n noted that a 20' sewer l i n e easanent across Lot 7D i s coming fron Tmck Enterprises and a 20' drainage easanent i s on the front of Lot 7C. C o m c i l Member Shank offered a motion f o r the recommendation of the Plaming Conmission to be approved. The motion was seconded by C o m c i l Manber Rhodes, and adopted by a manimous vote of Co m c i l .

'^The following Plaming Conmission report was presented and read, from the meeting of A p r i l 23rd: "... The Commissioners reviewed the Final Plan for Harrington Heights Sub­

division, Unit S, drawn by David L. Ingram and Associates, Eight single family lots are proposed plus a 550' extension of Greenbriar Drive, Owner/developer Harry Flippo submitted a letter to the Commissioners, stating that ht will restrict the development of these lots to single family homes only. At present, there are TO single family homes on the developed portion of Greenbriar Drive. The Director explained to the Commissioners that a 20' sewer and drainage/utility easements have been added to the plat between Lots 9, 10, and 11. Both easements also- extend south across adjacent common open ' space. This information was requested during a previous meeting.

Mr. Rhodes mived and Mr. Hartman seconded the motion for recommendation to approve the Final Plan of Harrington Heights Subdivision, Unit S. The motion passed unanimously... "

Planning Director Sullivan informed C o m c i l that C i t y Engineer Wilcox i s out of town, but has said he would l i k e to meet with the engineer who designed the streets, etc., p r i o r to signing of the f i n a l document by the Plaming Conmission Chairman and Mayor, i n order to be sure that a l l things are s a t i s ­factory. Based on the Ci t y Engineer's desire, Vice-Mayor Dingledine offered a motion f o r the matter to be tabled, pending c l a r i f i c a t i o n from the Ci t y Engineer. The motion was seconded by C o m c i l Member Rhodes, and adopted by a manimous vote of C o m c i l .

m For consideration of a f i r s t reading, C i t y Attorney Lapslej? presented an ordinance amending and

re-enacting Section 13-1-3 of the Harrisonburg C i t y Code e n t i t l e d "Adoption of state law." He noted that there have been some amendments to the state law conceming operation of vehicles, since t h i s section was adopted i n November, 1984, In order to avoid problems which miay a r i s e with future amend­ments, the state code sec. 46.1-188 w i l l be adopted annually. An ordinance w i l l come back to Council i n July of t h i s year, but the present ordinance w i l l cover amendments for 1985. Vice-Mayor Dingledine questioned whether the General Assembly could pass l e g i s l a t i o n f o r l o c a l i t i e s to approve the state code section as amended, and whether or not t h i s could be looked into. He offered a motion f o r the ordinance amending Sec. 13-1-3 to be approved f o r a f i r s t reading, with request that the Ci t y Attomey contact our representatives concerning the proposed l e g i s l a t i o n . The motion was seconded by Council Manber Rhodes, and adopted by a •unanimous recorded vote of Council.

C i t y Attomey Lapsley presented an ordinance amending T i t l e 2 of the Harrisonburg C i t y Code hy the addition of Section 11-1-11 "Building Code Board of Appeals." The section provides f o r appointment of a Board which s h a l l be governed by the V i r g i n i a Uniform Statewide Building Code, sai d section having been adopted and made a part of the Ci t y Code i n Section 11-1-1. I t further provides that when a c i t y inspector rejects or condemsn a l l or any part of a stmcture, new or ex i s t i n g , the owner may, within 5 days, f i l e a written application f o r a review by the Board of Appeals. No employee of the Department of Building Inspection s h a l l be appointed as a manber of the Board, and a fee of $50 s h a l l accompany the application of an owner for appeal, to cover expenses of n o t i f i c a t i o n . When question was raised concerning the $50 fee. C i t y Manager Milam said that c i t i z e n s should not be d i s ­couraged from applying f o r an appeal, by a larger fee, but should pay a fee s u f f i c i e n t f o r minimal coverage. Council Member Rhodes moved that the ordinance be approved f o r a f i r s t reading, which motion, upon being seconded by Council Member Robinson, was adopted by a unanimous recorded vote of Council.

^•''''^City Attorney Lapsley presented, f o r Coimcil's consideration, an ordinance amending T i t l e 5, Chapter 2 of the C i t y Code, by adding Section 5-2-8 "Appeal from Decision of Inspector to Building Code Board of Appeals." The addition reads as follows: "An appeal from the decision of the f i r e inspector s h a l l be heard and decided by the Building Code Board of Appeals as provided by Section 11-1-11 of the Harrisonburg C i t y Code." Attorney Lapsley noted that F i r e Chief S h i f f l e t t has asked that the Building Code Board of Appeals act also as a F i r e Code Board of Appeals, rather than having to create a separate board. The Building Code Board of Appeals would hold hearings, or review a p p l i ­cations of owners when buildings are rejected or condemned by the f i r e inspector. Coimcil Member Rhodes offered a motion for the ordinance to be approved for a f i r s t reading. The motion was seconded by Council Member Shank, and adopted by a unanimous recorded vote of Council.

^-'"'^ty Manager Milam informed Council that a resolution i s necessary, p r i o r to submitting applica­t i o n f o r a L i t t e r Control Grant, and presented the following f o r consideration:

WHEREAS,, the Harrisonburg City Council recognizes the existence of the litter problem within the boundaries •of the City of Harrisonburg; and

WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Lepartment of Conservation and Economic Development, Division of Litter Control,- for the allocation of puhlic funds in the form of Grants for the purpose of enhancing local litter control programs; and

WHEREAS, having reviewed and considered the Regulations and the Appli­cation covering administration and use of said funds,

BE IT RESOLVED that the Harrisonburg City Council: HEREBY endorses and supports such a program for the City of Harrisonburg

and is indicated in the attached Application Form LC-G~1; and HEREBY authorizes Marvin B. Milam, City Manager, to plan, budget, and

apply for a grant, which, if approved, will be used to fund said Program; and HEREBY requests the Department of Conservation and Economic Development,

Division of Litter Control, to consider and approve said Application and Program being in accord with the regulations governing use and expenditure of said Fund.

ADOPTED and APPROVED this day of , 1986. ' Mayor

Manager Milam pointed out that the c i t y ' s program for the week of A p r i l 28 - May 2, 1987 provides for city-wide c o l l e c t i o n , and clean up by c i t y forces, as w e l l as c i v i c organizations. An Implanenta-t i o n Plan i s for the P i l o t Club to i n s t m c t grades K-6 i n having a clean c i t y , and special groups w i l l be onployed to pick up l i t t e r on highways and along streams running through the c i t y . On motion of Coimcil Member Shank, seconded by Council Member Robinson, and a unanimous vote of Coimcil, the Resolution was approved, and signed by the Mayor,

'-^City Manager Milam presented an Appropriation Ordinance f o r the City's proppsed 1986-87 budget i n gross amount of $ 40,233,659,, He asked approval of the ordinance f o r a f i r s t reading, and authori­zation to publish a synopsis of the proposed budget i n the Da i l y News Record newspaper and public hearing date f o r May 27th, He noted that work sheets f o r the budget had been mailed to members of Coimcil on May 1st, and on Friday of l a s t week, copies of the Appropriation Ordinance were made available. He reviewed the ordinance,c a i l i n g attention to appropriations to the various funds as follows:

General Fund $ 19,250,211.00 School Fund 11,826,311.00 Water Fund 2,160,275,00 Sewer Fund 2,361,921.00 V i r g i n i a Public Assistance Fund 699,984.00 Central Garage Fund 183,089 JOO Central Stores Fund 61,603,00 Public Transportation Fund 1,127,900.00 Sanitation Fund 2,552,365.00

Total Appropriations $ 40,233,659.00 less inter-fimd transfers o f $ 31,659,00

Manager Milam pointed out that the largest increases i n the budget were for schools (includes second payment to the Lineweavers for purchase of land on Route 33 west); public safety ( f i r e & p o l i c e ) ; general f i n a n c i a l administration (retiranent benefits f o r c i t y employees), etc. The problan areas are the water and sewer funds, due to conpliance with the Annexation Court Order f o r extension of

92: l i n e s i n the new development areas. Although rates have not "been changes since 1976, he noted that more money i s needed to operate the water and sewer systems. No tax increase i s being proposed i n the 1986-87 budget, but an adjustment i n water and sewer rates i s being proposed as follows: at least 20^ per 1,000 gallons i n a l l categories of the water schedule (double i n r u r a l areas), and $ 50^ per 1,000 gallons i n a l l sewer categories (double outside the c i t y ) . 44% of a l l customers are minimum users that w i l l not be affected, i n that the minimum charge w i l l remain the same. Larger users w i l l r e a l i z e a substantial Increase. Should the increases rmt be approved. Manager Blilam said that sane of the work projects w i l l have to be eliminated. Following the review, Council Member Rhodes offered a motion f o r the Appropriation Ordinance to be approved f o r a f i r s t reading, with authorization f o r the C i t y Manager to publish a synopsis of the budget, along with public hearing date of May 27, 1986, 7:30 p.m. The motion was seconded by Council Manber Robinson, and adopted by a unanimous recorded vote of Council.

" ^ i t y Manager Milam c a l l e d attention to a mailing l i s t - Request for Proposal to Provide Consulting Architectural Services f o r Rockingham County and the C i t y of Harrisonburg- Joint Office Conplex, which he had prepared i n conjunction with the County Administrator. He expressed a hope f o r proposals to be received no l a t e r than June 19th for review, with recommendation of a firm ready f o r presentation to the governing bodies by mid-July.

^ City Manager Milam c a l l e d Council's attention to a b i d tabulation prepared and submitted by the Ci t y Engineer, of bids received on May 8th f o r the V i r g i n i a Avenue sewer l i n e . Base bids were received from Mundy Quarries, A t l a n t i c Coast Contractor and Aaron J. Conner, General Contractor, with low b i d of $ 268,610,30 submitted by A t l a n t i c Coast Contractor of Charlotte, N,C, He traced the route of the sewer l i n e on a map, which t o t a l project i s set out i n three di v i s i o n s , namely: Mt.Clinton Pike Collector; Harmony Heights Collector and Sharon Drive Collector. A motion was offered by Council Manber Robinson f o r the low b i d of A t l a n t i c Coast Contractor, to be accepted. The motion was seconded by Council Manber Rhodes, and adopted by a unanimous vote of Council.

C i t y Manager Milam presented a proposed agreement between the Southern Railway Company and the Ci t y of Harrisonbxxrg concerning i n s t a l l a t i o n and maintenance of an overhead wire l i n e crossing at Harrisonburg, V i r g i n i a , He explained that the Harrisonburg E l e c t r i c Commission i s required to take easements i n the name of the c i t y , with approval by C i t y Council. This p a r t i c u l a r easanent i s located i n Mt. Clinton Pike extended, and the agreement has been received i n duplicate f o r the Ifeyor's signa­ture and request that i t not be dated u n t i l executed,by the Conpany's Vice-President. Vice-Mayor Dingledine offered a motion for the agreement to be approved, with authorization for the Mayor to sign same on behalf of the C i t y of Harrisonburg. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council,

/ The City Manager presented correspondence from the National Democratic P o l i c y Committee i n reply to a request f o r additional information conceming dates and times, use of the c i t y ' s sidewalk was desired f o r d i s t r i b u t i o n of l i t e r a t u r e . According to the correspondence, the NDPC anticipates con­ducting a c t i v i t i e s once weekly during the months of May, June and July, on sidewalk adjacent to the post o f f i c e , and i n the area on south side of Court Square, Vice-Mayor Dingledine offered a motion for the C i t y Manager to inform the Committee that the c i t y w i l l approve use of the sidewalk on the south side of Court Square, one day a week during May, June and July, i f they w i l l specify the day, i n order to avoid c o n f l i c t s . The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council,

i.-^'^ice-f.layor Dingledine presented a request he had received for consideration i n reduction of the speed l i m i t on Pleasant H i l l Boad to 25 mph, and also the placing of "Watch for Tuming Vehicle" sign. He noted that the problem i s vehicles having to back out onto Pleasant H i l l Road, from apartments at the top of the h i l l . He offered a motion for the matter to be referred to the Harrisonburg Transporta­t i o n Safety Conmission f o r review and recommendation. The motion was seconded by Coimcil Manber Shank, and adopted by a unanimous vote of Council.

Council Member Robinson once again approached the matter of the "tacky" building i n rear of the School Board, which i s used by the Recreation Department for storage purposes. The C i t y Manager was asked to take a look at the building, to determine a solution to i t s appearance.

^ C o u n c i l Blember Rhodes informed of low water pressure on Vine Street, p a r t i c u l a r l y at the residence of Harry Boveman, 681 Vine Street, near the c i t y ' s reservoirs, as w e l l as along Furnace Road. C i t y Manager Milam was asked to check into the s i t u a t i o n .

At 9:40 p.m., on motion of Council Member Shank, seconded by Council Member Robinson, and a unani­mous vote, Coimcil entered an executive session to discuss r e a l estate and a l e g a l matter.

At 11:00 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjoumed.

AN ORDINANCE MAKING APPROPRIATION OF SUMS OF MONEY POR NECESSARY EXPENDITURES TD THE CITY OF HARRISONBURG, VIRGINIA, FIR THE FISCAL YEAR ENDING JUNE 30, 1987. TO PRESCRIBE THE TEEMS, CONDI­TIONS, AND PROVISIONS WIIH RESPECT TO THE ITEMS OF APPEOPRIATION AND THEIR PAYMENT; AND TO REPEAL ALL ORDINANCES WHILLY IN OOI'IFLICT WITH THIS OBDINANCE, AND ALL PARTS OF ORDINANCES INOONSISIENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY,

CLEEK

A P P R O P R I A T I O N O E D I N A N C E OF THE CITY OF HAEEISONBURG, VIRGINIA

For the F i s c a l Year Ending June 30, 1987

BE IT ORDAINED BY TBE CITY COUNCIL OF THE CITY OF HAERISONBUEG, VIEGINIA:

lines i n the new development areas. Although rates have not been changes since 1976, he noted that more money i s needed to operate the water and sewer systems. No tax increase i s being proposed i n the 1986-87 budget, but an adjustment i n water and sewer rates i s being proposed as follows: at least 20^ per 1,000 gallons in a l l categories of the water schedule (double in rural areas), and $ 50(f- per 1,000 gallons in a l l sewer categories (double outside the c i t y ) . 44% of a l l customers are minimum users that w i l l not be affected, in that the minimum charge w i l l remain the same. Larger users w i l l realize a substantial Increase. Should the increases rmt be approved. Manager Blilam said that sane of the work projects w i l l have to be eliminated. Following the review. Council Member Ehodes offered a motion for the Appropriation Ordinance to be approved for a f i r s t reading, with authorization for the City Manager to publish a synopsis of the budget, along with public hearing date of May 27, 1986, 7:30 p.m. The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

" ^ i t y Manager Mlam called attention to a mailing l i s t - Request for Proposal to Provide Consiiiting Architectural Services for Rockingham County and the City of Harrisonbixrg- Joint Office Complex, which he had prepared in conjunction with the County Administrator. He expressed a hope for proposals to be received no later than June 19th for review, with recommendation of a firm ready for presentation to the governing bodies by mid-July.

^ City Manager Milam called Council's attention to a bid tabulation prepared and submitted by the City Engineer, of bids received on May 8th for the Virginia Avenue sewer line. Base bids were received from Mundy Quarries, Atlantic Coast Contractor and Aaron J. Conner, General Contractor, with low bid of $ 268,610.30 submitted by Atlantic Coast Contractor of Charlotte, N.C. He traced the route of the sewer line on a map, which total project i s set out i n three divisions, namely: Mt.Clinton Pike Collector; Harmony Heights Collector and Sharon Drive Collector. A motion was offered by Council Member Robinson for the low bid of Atlantic Coast Contractor, to be accepted. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Council.

City Manager Milam presented a proposed agreement between the Southern Railway Company and the City of Harrisonburg concerning installation and maintenance of an overhead wire line crossing at Harrisonburg, Virginia. He explained that the Harrisonburg Electric Conmission i s required to take easements i n the name of the city, with approval by City Council. This particular easement i s located i n Mt. Clinton Pike extended, and the agreement has been received i n duplicate for the Mayor's signa­ture and request that i t not be dated u n t i l executed by the Conpany's Vice-President. Vice-Mayor Dingledine offered a motion for the agreement to be approved, with authorization for the Mayor to sign same on behalf of the City of Harrisonburg. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

/ The City Manager presented correspondence from the National Democratic Policy Conmittee in reply to a request for additional information conceming dates and times, use of the city's sidewalk was desired for distribution of literature. According to the correspondence, the NDPC anticipates con­ducting activities once weekly during the months of May, June and July, on sidewalk adjacent to the post office, and in the area on south side of Court Square. Vice-Mayor Dingledine offered a motion for the City Manager to inform the Committee that the city w i l l approve use of the sidewalk on the south side of Court Square, one day a week during May, June and July, i f they w i l l specify the day, in order to avoid conflicts. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council.

u^-^xce-lHsLjOT Dingledine presented a request he had received for consideration i n reduction of the speed limit on Pleasant H i l l Boad to 25 mph, and also the placing of "Watch for Tuming Vehicle" sign. He noted that the problem i s vehicles having to back out onto Pleasant H i l l Boad, from apartments at the top of the h i l l . He offered a motion for the matter to be referred to the Harrisonburg Transporta­tion Safety Conmission for review and recommendation. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Cotmcil.

A Council Member Bobinson once again approached the matter of the "tacky" building i n rear of the School Board, which i s used by the Becreation Department for storage purposes. The City Manager was asked to take a look at the building, to determine a solution to i t s appearance.

f'Council Bloriber Bhodes informed of low water pressure on Vine Street, particularly at the residence of Harry Bownan, 681 Vine Street, near the city's reservoirs, as well as along Furnace Boad. City Manager Milam was asked to check into the situation.

At 9:40 p.m., on motion of Coimcil Member Shank, seconded by Council Member Bobinson, and a unani­mous vote, Coimcil entered an executive session to discuss real estate and a legal matter.

At 11:00 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

AN ORDINANCE MAKING APPBOPBIATION OF SUMS OF MONEY FOB NECESSABY EXPENDITURES TO TBE CITY OF HAERISONBUEG, VIBGINIA, FIR TBE FISCAL YEAB IMPING JUNE 30, 1987. TO PRESCBIBE THE TEEMS, CONDI­TIONS, AND PROVISIONS WITH EESPECI TO THE ITEMS OF APPBOPBIATION AND THEIB PAYMENT; AND TO BEPEAL ALL OBDINANCES WHILLY IN OOI'IFLICr WITH THIS OBDINANCE, AND ALL PABTS OF ORDINANCES INOONSISIENT WITH THIS OEDINANCE TO THE EXTENT OF SUCH INCONSISTENCY,

CLEEK

A P P B O P B I A T I O N O B D I N A N C E OF THE CITY OF HAEEISONBUBG, VIBGINIA

For the Fiscal Year Ending June 30, 1987

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAEBISONBUEG, VIEGINIA:

SECTION I GENERAL M3ND

That the following sums of money be and the same hereby are appropriated for the general government purposes herein specified for the f i s c a l year ending June 30, 1987.

Paragraph One - Gity Council and Clerk (1101)

Eor the current expenses and capital outlay of the CITY COUNCIL AND CLERK, a division of the Legislative Department, the sum of sixty-one thousand, one hundred f i f t y dollars and no cents ($61,150.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services . $33,600.00 (2) Other Operating Expenses 25,350.00 (3) Capital Outlay 2,200.00

Paragraph Two - Office of City fenager (1201)

For the current expenses and capital outlay of the OFFICE OF CITY MANAGER, a division of the General and Financial Administration, the sum of eighty-six thousand, eight hundred three dollars and no cents ($86,803.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $71,463.00 (2) Other Operating Expenses 12,340.00 (3) Capital Outlay 3,000.00

Paragraph Three - Office of City Attorney (1204)

Por the cirrrent expenses of the OFFICE OF THE CITY ATTORNEY, a division of the General Financial Administration, the sum of eleven thousand, seven hundred f i f t y dollars and no cents ($11,750.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $10,800.00 (2) Other Operating Expenses 950.00

Paragraph Four - City Auditor (1207)

For the current expenses and capital outlay of the CITY AUDITOR, a division of the General and Financial Administration, the sum of one hundred thirty-six thousand, fifty-nine dollars and no cents ($136,059.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $107,409.00 (2) Other Operating Expenses 25,150.00 (3) Capital Outlay 3,500.00

Paragraph Five - Independent Auditor (1208)

For the cxirrent expenses of the INDEPENDENT AUDITOR, a division of the General and Financial Administration, the sum of twelve thousand, six hundred five dollars and no cents ($12,605,,00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Other Operating Expenses $ 12,605.00

Paragraph Six - Commissioner of Revenue (1209)

For the current expenses and capital outlay of the COMIISSIONER OF REVENUE, a division of the General and Financial Administration, the sum of one hundred sixty-six thousand, five hundred sixty-one dollars and no cents ($166,561.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $139,811.00 (2) Other Operating Expenses 23,250.00 (3) Capital Outlay 3,500.00

Paragraph Seven - Board of Real Estate Assessors (1210)

For the current expenses of the BOARD OF REAL ESTATE ASSESSORS, a division of the General and Financial Administration, the sum of sixty-eight thousand, eight hundred dollars and no cents ($68,800.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $48,000.00 (2) Other Operating Expenses 20,800.00

Paragraph Eight -Board of Equalization (1211)

For the current expenses of the BOARD OF EQUALIZATION, a division of the General and Financial Administration, the sim of twelve thousand dollars and no cents ($12,000.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $10,000.00 (2) Other Operating Expenses 2,000.00

Paragraph Nine - City Treasurer (1213)

For the current expenses and capital outlay of the CITY TREASURER, a division of the General and Financial Administration, the sum of one himdred forty-five thousand, seven hundred fifty-nine dollars and no cents ($145,759.00) i s appropriated from the General Fund to be apportioned as follows:

9 4 • (1) Perspnal SfeEyices; , $112,909,00 (2) Other Operating Expenses 29,850.00 (3) Capital Outlay 3,000.00

Paragraph Ten - Retiranent Board (1217)

For the current expenses and contributions of the EETIREBIENT BOARD, a division of the General and Financial Administration, the sum of nine hundred twenty-seven thousand, six hundred ninety-foixr dollars and no cents ($927,694.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Contribution to Retirement for City Enployees $927,694.00

Paragraph Eleven - Data Processing

For the current expenses and capital outlay of the DATA PROCESSING, a division of the General and Financial Administration, the sum of one hundred ninety-two thousand, one hmdred thirty-six dollars and no cents ($192,136.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 94,186.00 (2) Other Operating Expenses 59,950.00 (3) Capital Outlay 38,000.00

Paragraph Twelve - Purchasing Agent (1222)

For the current expenses and capital outlay of the PURCHASING AGENT, a division of the General and Financial Administration, the sum of seventy-four thousand, nine hundred sixty-three dollars and no cents ($74,963.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 62,861.00 (2) Other Operating Expenses 9,102.00 (3) Capital Outlay 3,000.00

Paragraph Thirteen - Delinquent Tax Collector (1224)

For the cirrrent expenses of the DELINQUENT TAX COLLECTOR, a division of the General and Financial Administration, the sum of eight thousand, seven hundred dollars and no cents ($8,700.00) i s appro­priated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 8,000.00 (2) Other Operating Expenses 700.00

Paragraph Fourteen - Electoral Board and Of f i c i a l s (1301)

For the current expenses and capital outlay of the ELECTORAL BOARD AND OFFICIALS, a division of the Board of Elections, the sum of forty thousand, eight hundred eighty-five dollars and no cents ($40,885.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 34,960.00 (2) Other Operating Expenses 4,925.00 (3) Capital Outlay 1,000.00

Paragraph Fifteen - Juvenile & Domestic Relations Court (2105)

For the current expenses and capital outlay of the JUVENILE & DOBffiSTIC RELATIONS COURT, a division of the Judicial Administration, the sum of twelve thousand, four hundred dollars and no cents ($12,400.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Other Operating Expenses $ 10,900.00 (2) Capital Outlay 1,500.00

Paragraph Sixteen - County Court (2111)

For the current expenses of the COUNTY COURT, a division of the Judicial Administration, the sum of one thousand, two hundred dollars and no cents ($1,200.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Other Operating Expenses $ 1,200.00

Paragraph Seventeen - Lunacy Conmission (2112)

For the current expenses of the LUNACY COMMISSION, a division of the Judicial Administration, the sum of eight hundred twenty-five dollars and no cents ($825.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 800'..00 (2) Other Operating Expenses 25.00

Paragraph Eighteen - Police Department (3101)

For the current expenses and capital outlay of the POLICE DEPARTMENT, a division of the Department of Public Safety, the sum of one million, one hundred forty-five thousand, five hundred nineteen dollars and no cents ($1,145,519.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $871,919.00 (2) Other Operating Expenses 176,000.00 (3) Capital Outlay 97,600.00

• 9§

Paragraph Nineteen - Fire Department (3201)

For the current expenses and capital outlay of the FIRE DEPiOnMENT, a division of the Department of Public Safety, the sum of eight hundred fifty-two thousand, seven hundred twenty-nine dollars and no cents ($852,729.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $633,457.00 (2) Other Operating Expenses 170,150.00 . (3) Capital Outlay 49,122.00

Paragraph Twenty- City and County J a i l (3302)

For the current expenses of the CITY AND COUNTY JAIL, a division of the Department of Public Safety, the sum of twenty-six thousand, five hundred thirty-nine dollars and no cents ($26,539.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $11,045.00 (2) Other Operating Expenses 15,494.00

Paragraph Twenty-One - Building Inspection (3401)

For the current expenses and eapital outlay of the BUILDING INSPECTION, a division of the ' Department of Public Safety, the sum of one hundred thirty thousand, seven hundred forty-four dollars and no cents ($130,744.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Personal Services $116,144.00 (2) Other Operating Expenses 13,150.00 (3) Capital Outlay 1,450.00

Paragraph Twenty-Two - Game Warden (3502)

For the current expenses of the GAME WARDEN, a division of the Department of Public Safety, the sum of twenty-five thousand, one hundred f i f t y - f i v e dollars and no cents ($25,155.00) i s appropriated fron the General Fund to be apportioned as follows: .

(1) Personal Services $ 2,130.00 (2) Other Operating Expenses 23,025.00

, . Paragraph Twenty-Three - Coroner (3503)

For the eurrent expenses of the CORONER, a division of the Department of Public Safety, the sum of nine hundred f i f t y dollars and no cents ($950.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 950.00

Paragraph Twenty-Four - Emergency Services (3505)

For the current expenses of^ MffiRGENCY SERVICES, a division of the Department of Public Safety, the sum of ninety-two thousand, seven hundred f i f t y dollars and no cents ($92,750.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Other Operating Expenses $92,750.00

Paragraph Twenty-Five - General Engineering (4101)

For the current expenses and capital outlay of the GENERAL ENGINEERING, a division of the Department of Public Works, the sum of one hundred thirty-four thousand, six hundred thirty-six dollars and no cents ($134,636.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $111,330.00 (2) Other Operating Expenses 7,706.00 (3) Capital Outlay 15,600.00

Paragr-aph Twenty-Six - Street Inspection, Repairs & Maintenance (4102)

For the current expenses and eapital outlay of the STREET INSPECTION, REPAIRS AND MINTENAI>fCE, a division of the Department of Publie Works, the sum of one million, five hundred two thousand, seven himdred fifteen dollars and no cents ($1,502,715.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services (2) Other Operating Expenses (3) Capital Outlay

Paragraph Twenty-Seven - Street Lighting (4104)

For the current expenses of STE?EET LIGHTING, a division of the Department of Public Works, the sum of three hundred thirteen thousand, one hundred seventeen dollars and no cents ($313,117.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Other Operating Expenses $313,117.00

Paragraph Twenty-Eight - Traffic Engineering (4107)

$483,204.00 600,584.00 418,927.00

For the current expenses and capital outlay of TRAFFIC ENGINEERING, a division of the Department

96 of Public Works, the sum of one hmdred sixty-five thousand, two hundred twenty-seven dollars and no cents ($165,227.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 54,750.00 (2) Other Operating Expenses 80,030.00 (3) Capital Outlay . 30,447.00

Paragraph Twenty-Nine - Highway & Street Beautification (4108)

For the current expenses and capital outlay of the HIOOTAY & STREET BEAUTIFICATION, a division of the Department of Public Works, the sura of eighty-one thousand, three hundred twelve dollars and no cents ($81,312.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 38,990.00 (2) Other Operating Expenses 18,322.00 (3) Capital Outlay 24,000.00

Paragraph Thirty - Street.Cleaning (4202)

For the current expenses and capital outlay of the STREET CLEANING, a division of the Department of Public Works, the sum of two hundred thirty-eight thousand, one hundred ninety dollars and no cents ($238,190.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 55,995.00 (2) Other Operating Expenses 92,195.00 (3) Capital Outlay • 90,000.00

Paragraph Thirty-One - Insect and Rodent Control (4206)

For the current expenses of the INSECT AND EDDENT CONTROL, a division of the Department of Public Works, the sum of three thousand, one hundred ten dollars and no cents ($3,110.00) i s appro­priated from the General Fund to be apportioned as follows:

(1) Personal Services $ 1,485.00 (2) Other Operating Expenses 1,625.00

Paragraph Thirty-Two - General Properties (4302)

For the current expenses and capital outlay of the GENERAL PROPERTIES, a division of the Depart­ment of Public Works, the sum of ninety-two thousand, three hundred ninety-nine dollars and no cents ($92,399.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $26,849.00 (2) Other Operating Expenses . 60,550.00 (3) Capital Outlay 5,000.00

Paragraph Thirty-Three - Downtown Rehabilitation Project (4304) •

For the capital outlay of the DO ?NTOW REHABILITATION PROJECT, a division of the Department of Public Works, the sum of ten thousand dollars and no cents ($10,000.00) i s appropriated from the Genera,! Fund to be apportioned as follows:

(1) Capital Outlay $ 10,000.00

Paragraph Thirty-Four - Local Health Department (5101)

For the current expenses of the LOCAL HEALTH DEPARDlENr, a division of the Health and Welfare Department, the sum of one hundred twenty-nine thousand, four hundred sixty-one dollars and no cents ($129,461.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Other Operating Expenses $129,461.00

Paj:-agraph Thirty-Five - Mental Health & Mental Retardation (5202)

For the current expenses of the MENTAL HEALTH AND MENTAL RETARDATION, a division of the Health and Welfare Department, the sum of fifty-seven thousand, six hundred thirty-seven dollars and no cents ($57,637.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Other Operating Expenses $ 57,637.00

Paragraph Thirty-Six - Bureau of Parks & Recreation (7101)

For the current expenses and capital outlay of the BUREAU OF PARKS Ss RECREATION, a division of Parks, Recreation and Cultural, the sum of five hundred ten thousand, six hundred thirty-four dollars and no cents ($510,634.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Personal Services $304,831.00 (2) Other Operating Expenses 94,303.00 (3) Capital Outlay 111,500.00

Paragraph Thirty-Seven - Hillandale Park (7102)

For the cto?rent expenses of HILLANDALE PARK, a division of Parks, Recreation and Cultural, the sum of twenty-six thousand, four hmdred ninety-one dollars and no cents ($26,491.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services , $ 17,966.00 (2) Other Operating Expenses 8,525.00

97 Paragraph Thirty-Eight - Eiven Bock Park (7103) ,

For the cirrrent expenses of EIVEN EOCK PiffiK, a division of Parks, Eecreation and Cultural, the sum of three thousand, two himdred f i f t y dollars and no cents ($3,250.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 2,000.00 (2) Other Operating Expenses 1,250.00

Paragraph Thirty-Nine - Conmunity Activities Center (7104)

For the current expenses and capital outlay of COMIDNITY ACTIVITIES CENTEE, a division of Parks, Eecreation and Cultural, the sum of two himdred ten thousand, three himdred seventy-nine dollars and no cents ($210,379.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Personal Services $134,079.00 (2) Other Operating Expenses 69,300.00

• (3) Capital Outlay 7,000.00

' Paragraph Forty - National Guard Armory (7105)

For the current expenses of the NATIONAL GUARD AEfJOEY, a division of Parks, Eecreation and Cultural, the sum of twenty-nine thousand, four himdred seven dollars and no cents ($29,407.00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $ 15,737.00 (2) Other Operating Expenses 13,670.00

Paragraph Forty-One - Simms Eecreation Center (7106)

For the current expenses of the SD/IMS EECREATION CENTEE, a division of Parks, Recreation and Cultural, the sum of nineteen thousand, two himdred ninety-nine dollars and no cents ($19,299,00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Personal Services $15,649.00 (2) Other Cperating Expenses 3,650.00

Paragraph Forty-Two - Westover Swimming Pool (7107)

For the current expenses and capital outlay of the WESTOVEE SWIMIING POOL, a division of Parks, Eecreation and Cultural, the sum of forty-nine thousand, nine himdred f i f t y dollars and no cents ($49,950.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services, $ 38,200.00 (2) Other Operating Expenses 8,850.00 (3) Capital Outlay 2,900,00

Paragraph Forty-Three - Athletic Complex (Landfill) (7108)

For the current expenses of the ATHLETIC COMPLEX (LANDFILL), a division of Parks, Eecreation and Cultural, the sum of ten thousand, three hundred f i f t y dollars and no cents ($10,350,00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 5,200,00 (2) Other Operating Expenses 5,150,00

Paragraph Forty-Four - Planning Conmission (8101)

For the current expenses and capital outlay of the PLANNING COfMISSION, a division of the Ccmraunity Development, the sum of sixty-seven thousand, fifteen dollars and no cents ($67,015,00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 55,805,00 (2) Other Operating Expenses 6,210,00 (3) Capital Outlay' 5,000,00

Paragraph Forty-Five - Board of Zoning Appeals (8104)

For the current expenses of the BOARD OF ZONING APPEALS, a division of Conmunity Development,, the sum of one thousand, four hundred twenty dollars and no cents ($1,420.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Personal Services $ 720.00 (2) Other Operating Expenses 700.00

Paragraph Forth-Slx - Harrisonburg Parking Authority (8106)

For the current expenses of the HAERISONBUEG PAEKING AUTHOEITY, a division of Conmunity Development, the sum of one hundred two thousand, eight hundred thirty-six dollars and no cents ($102,836.00) i s appropriated fron the General Fund to be apportioned as follows:

(1) Personal Services $ 41,922,00 (2) Other Operating Expenses 60,914,00

- Paragraph Forty-Seven - Non-Departmental (09)

For subsidizing the City's Public U t i l i t i e s , and for aiding the a c t i v i t i e s of independent.

9-8; . . civic, charitable, and other organizations, the, sim of six hundred one thousaad, three hundred thirty-four dollars and no cents ($601,334.00) i s appropriated frcm the General Fund to be apportioned as follows:

9102 Insurance - Employees $191,000.00 9103 Insurance and Bond Proniums 38,244.00 9104 Support of Coranunity and Civic Organizations:

5604.01 State Chamber of Conmerce 100.00 5604.02 Chamber of Coranerce (AL Parade $275) 2,675.00 5604.03 Coimty Rest Boom 2,500.00 5604.04 Eockingham Library Association 91,546.00 5604.05 Salvation Army ' 5,000.00 5604.06 Bescue Squad (Gas and Oil) 1,000.00 5604.07 Shenandoah Valley, Inc. 500.00 5604.08 Upper Valley BegionaL Park Authority 10,000.00 5604.09 Commission-Begional Juvenile Detention Hone 10,007.00 5604.10 Shenandoah Valley So i l & Water

Conservation District 1,250.00 5604.11 Blue Ridge Community College 600.00 5604.12 Harrisonburg-Eockingham Historical Society 500.00 5604.14 Central Shenandoah Planning District 6,350,00 5604.15 Valley Program for Aging Services 5,720.00 5604.16 WVPT - Public Television 2,500.00 5605.01 Other Non-Departmental 1,000,00 5605.02 Central Shenandoah mS Council 2,500.00 5605.03 F i r s t Step, Inc. 7,600.00 5605,05 CATV - System 54,882.00 5605.08 BDC - Economic Development 10,000.00

9105 Joint Expenses - Bockingham County: 3009.02 Payment to Bockingham County 125,000.00

9106 Airport: 5605.01 Subscriptions 81 Contributions 25,000.00

9107 Dues to Municipal League: 5607,01 Dues to Virginia Jtoiicipal League 4,860,00 5608,01 Dues to National League of Cities 1,000.00

Paragraph Forty-Eight - Indebtedness Bequirement General Fund (10)

For the payment of the interest on and the retirement of bonds of the City of Harrisonbirrg, Virginia, the sum, of two million, one hundred twenty-seven thousand, four hundred thirty dollars and. no cents ($2,127,430,00) i s appropriated from the General Fund to be apportioned as follows:

(1) Serial Bonds and Interest $2,127,430.00

Paragraph Forty-Nine - Transfers to Other Funds (11)

For supplementing the revenue of other funds the sum of eight million, four hundred ninety-seven thousand, nine hundred thirty-six dollars and no cents ($8,497,936.00) i s appropriated from the General Fund to be apportioned as follows:

(1) Central Garage Fund $ 39,275.00 (2) Central Stores Fund 24,643.00 (3) Virginia Public Assistance 143,036.00 (4) Schools 7,578,086.00 (5) Public Transportation 151,740,00 (6) Sanitation 561,156.00

Paragraph F i f t y - Beserve for Contingencies (12)

For Beserve for Contingencies of the General Fund the sum of thirty thousand dollars and no cents ($30,000,00) i s appropriated frcm the General Fund to be apportioned as follows:

(1) Beserve for Contingencies $ 30,000,00

S U M M A B Y

Expenditures and Bevenue

Total General Fund Appropriations for the Fiscal Year Ending June 30, 1987 $19,250,211.00

To be provided for frcm the following anticipated and estimated revenue which i s as follows:

Anticipated Cash Balance Available 7-1-86 $ 306,204.00 General Property Taxes (estimated) 6,469,400.00 Other Local Taxes (estimated) 6,937,457,00 Permits, Privilege Fees and

Begulatory Licenses (estimated) 70,112.00' Fines and Forfeitures (estimated) 157,000.00 Bevenue from Use of Money & Property (estimated) 239,546,00 Chaises for Services (estimated) 189,666.00 Miscellaneous Bevenue (estimated) 1,104,396,00 Becovered Costs (estimated) 223,563.00 Payments i n Lieu of Taxes (estimated) 9,000.00 Non-Categorical Aid (estimated) 1,510,024.00 Shared Expenses (Categorical) (estimated) 179,598.00

Categorical Aid. Cestiroated) Non-Eevenue Eeceipts (estimated) Transfers (estimated)

$1,300,216.00 21,100.00 532,929.00

Total General Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1987 $19,250,211.00

SECTION II - SCHOOL BOAED

That the following sums of money be and the same hereby are appropriated for the school purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - 17A - Administration

For the current expenses of the ADMINISTRATION OF THE DEPAETMENT OF EDUCATION, the sum of two hundred five thousand, fom" hundred sixty dollars and no cents ($205,460.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Administration $ 205,460.00

Paragraph Two - 17B-1 - Eegular Day School

For the cirrrent expenses of EEGULAE DAY SCHOOL, the sum of five million, seven hundred f i f t y -four thousand, six hundred ninety-three dollars and no cents ($5,754,693.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Eegular Day School $5,754,693.00

Paragraph Three - 17B-2 - Other Instructional Costs

For the current expenses of OTEJEE INSTRUCTIONAL COSTS, the sum of one million, one hundred thirty-three thousand, seven hundred forty dollars and no cents ($1,133,740.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Other Instructional Costs $1,133,740.00

Paragraph' Four - I7C - Attendance and Health Services

For the current expenses of ATTENDANCE AND HEALTH SERVICES, the sum of, ninety-three thousand, four himdred seventy-two dollars and no cents ($93,472.00) i s appropriated from the City School Fund to be,apportioned as follows:

(1) Attendance and Health Services $ 93,472,00

Paragraph Five - 17D1 - Pupil Transportation Services

For the current expenses of PUPIL TRANSPORTATION SERVICES, the sum of one hundred ninety-six thousand, three hundred eighty-three dollars and no cents ($196,383.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Pupil Transportation Services $ 196,383.00

Paragraph Six - 17E - School Food Services

For the current expenses of SCHOOL FOOD SERVICES, the sum of eight hundred ninety-two thousand, ten dollars and no cents ($892,010.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) School Food Services $ 892,010,00

Paragraph Seven - 17F1 - Operation of School Plant

For the current expenses of OPERATION OF SCHOOL PLANT, the sum of six hundred eleven thousand, seven himdred thirty-one dollars and no cents ($611,731,00)' i s appropriated from the City School Fund to be apportioned as follows:

(1) Operation of School Plant $ 611,731.00

Paragraph Eight - 17F2 - Maintenance of School Plant

For the current expenses of MINTENANCE OF SCHOOL PLANT, the sum of three hundred eighty-two thousand, five hundred f i f t y - s i x dollars and no cents ($382,556.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Maintenance of School Plant $ 382,556.00

Paragraph Nine - 17G - Fixed Charges

For the Current expenses of FIXED CHARGES, the sum of one million, six hundred forty-nine thousand, s i c himdred thirty-four dollars and no cents ($1,649,634.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Fixed Charges $1,649,634.00

Paragraph Ten - 17H - Summer Schools

the current expenses of SUMMEE SCHOOLS, the sum of forty-two thousand, one hundred

ninety-four dollars and no cents ( $42,194.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Surrmer Schools $ 42,194.00

Paragraph Eleven - 171. - Adult Education

For the current expenses of ADULT EDUCATION, the sum of four thousand, seven himdred eighty dollars and no cents ($4,780.00) i s appropriated frcm the City School Fund to be apportioned as follows:

(1) Adult Education $ 4,780.00

Paragraph Twelve - 17J - Federal Programs

For the current expenses of FEDERAL PEOGRAMS, the sum of two hundred fifty-four thousand, seven himdred thirty-four dollars and no cents ($254,734.00) i s appropriated from the City School Fimd to be apportioned as follows:

(1) Federal Programs $ 254,734.00

Paragraph Thirteen - School Textbook Fund

For the current expenses of SCHOOL TEXTBOOK FUND, the sum of seventy thousand, four himdred f i f t y dollars and no cents ($70,450.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) School Textbook Fund $ 70,450.00

Paragraph Fourteen - 19 - Capital Outlay

For the capital outlay of the DEPARIMENI OF EDUCATION, the sum of two himdred ninety-two thousand, one himdred forty-two dollars and no cents ($292,142.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Capital Outlay $ 292,142.00

Paragraph Fifteen - 20 - Indebtedness Requiranents School Board

For the payment of interest on and the retirement of loans of the School System of the City of Harrisonburg, Virginia, the sum of two hundred forty-two thousand, three hundred thirty-two dollars and no cents ($242,332.00) i s appropriated from the City School Fund to be apportioned as follows:

(1) Serial Bonds & Interest $ 242,332.00

S U M M A R Y

Expenditures and Revenue

Total School Fund Appropriations for Fiscal Year Ending June 30, 1987: $11,826,311.00

To be provided for fron the following Anticipated Revenue, which i s as follows:

Receipts Frcm State School Funds- (estimated) $2,976,491.00 Revenue From Federal Funds (estimated) 434,913.00 Receipts Frcm Other Funds (estimated) 836,821.00 Receipts Prom City Funds 7,578,086.00

Total School Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1987 $11,826,311.00

SECTION III - WATER FUND

That the following sums of money be and the same hereby are appropriated for the water purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - Administration (1) '

For the current expenses of ADMINISTRATION OF THE WATER DEPARTMENT, a division of the Department of Public Service Enterprises, the sum of forty-five thousand, nine himdred forty-seven dollars and no cents ($45,947.00) i s appropriated frcm the Water Fund to be apportioned as follows:

(1) Personal Services $ 41,306.00 (2) Other Cperating Expenses 4,641.00

Paragraph Two - Source of Supply (2)

For the current expenses of SOURCE OF SUPPLY OF THE WATER DEPAETB.dENT, a division of the Department of Public Service Enterprises, the sum of one hundred seventy thousand dollars and no cents ($170,000.00) i s appropriated from the Water Fund to be apportioned as follows:

(1) Personal Services $ 10,000.00 (2) Other Operating Expenses 160,000.00

Paragraph Three - Transmission and Eistribution (3)

For the current expenses and equipment of lEANSMISSION AND DISTRIBUTION OF THE WATER DEPAEIMENT,

lot a division ot the Department of Public Service Enterprises, the sum of three hmdred eighty thousand, six hmdred seven dollars and no cents ($380,607.00) i s appropriated from the Water Fmd to be apportioned as follows:

(1) Personal Services $ 175,000.00 (2) Other Operating Expenses 205,607.00

Paragraph Eoixr - Customer Accomting and Collecting (4)

For the current expenses of CUSTaiER ACCOUNTING AND COLLECTING OF THE WATER DEPARIT/IMT, a d i v i ­sion of the Department of Public Service Enterprises, the sum of thirty-two thousand, eight hmdred five dollars and no cents ($32,805.00) i s appropriated fron the Water Fmd to be apportioned as follows:

(1) Personal Services $ 30,000.00 (2) Other Operating Expenses 2,805.00

• Paragraph. Five - Miscellaneous (5)

For setting aside reserves for depreciation and payment of taxes, the sim of three hmdred sixty-six thousand, four hmdred f i f t y dollars and no cents ($366,450.00) i s appropriated from the Water Fmd to be apportioned as follows:

(1) Depreciation $ 291,880.00 (2) Taxes, etc. 74,570.00

Paragraph Six - Water Purification (6)

Fqr the current expenses of WATER PURIFICATION OF THE WATER DEPARTMENT, a division of the Depart­ment of Public Service Enterprises, the sum of two hmdred ninety-three thousand, four hmdred forty-eight dollars and ho cents ($293,448.00) i s appropriated from the Water Fmd to be apportioned as follows:

(1) Personal Services . $ 182,963.00 (2) Other Operating Expenses 110,485.00

Paragraph Seven - Capital Outlay (7)

For the capital improvements i n the WATER DEPAED.ffiNT, a division of the Department of Public Service Enterprises, the sum of three hmdred thirty-two thousand, six hmdred f i f t y dollars and no cents ($332,650.00) i s appropriated frcm the Water Fmd to be apportioned as follows:

(1) Capital.Outlay $ 332,650.00

Paragraph Eight - Indebtedness Eeqirirements Water Fmd (8)

For the payment of interest, retiranent and handling charges of bonds of the PUBLIC ENTERPRISES -WATER ACTIVITIES, the sum of two hmdred fifty-nine thousand, eight hmdred thirty dollars and no cents ($259,830.00) i s appropriated from the Water Fmd to be apportioned as follows:

(1) Serial Bonds, Interest, etc. $ 259,830.00

Paragraph Nine - Non-Departmental (9)

For sharing the costs of operation in other fmds for the benefit of the Water Fmd, the sum of two hmdred fifteen thousand, one hmdred sixty-six dollars and no cents ($215,166.00) i s appro­priated from the Water Fmd to be apportioned as follows:

(1) To General Fmd, Share of Accomting, Collecting & Data Processing $ 124,903.00

(2) To General Fmd - Insurance 5,107.00 (3) To General Fmd - Retirement & Social

Security 47,040.00 (4) To Central Garage Fmd 19,636.00 (5) To Central Stores Fmd 18,480.00

Paragraph Ten - Transfers to Other. Fmds (10)

For sharing the cost of operation of other fmds the sum of sixty-three thousand, three hmdred seventy-two dollars and no cents ($63,372.00) i s appropriated from the Water Fmd to be transferred as follows:

(1) To General Fmd - U t i l i t y Tax $ 63,972.00

S U M M A R Y

Expendif-ures and Revenue

Total Water Fmd Appropriations for the Fiscal Year Ending Jme 30, 1987 $ 2,160,275.00

To be provided for from the following Anticipated Revenue, which i s as follows:

Other Local Taxes (estimated) $ 69,572.00 Permit, Privilege Fees and Regulatory Licenses (estimated) 136,444.00 Revenue from Use of Money 8s Property (estimated) 22,000.00 Charges for Services (estimated) 1,517,516.00

Recovered Costs (estimated) $ 11,000.00 Non-Revenue Receipts (estimated) 78,202.00 Transfers (estimated) 325,541.00

Total Water Fund Revenue (estimated) for Fiscal Year Ending June 30, 1986 $ 2,160,275.00

SECTION IV - SEWER FUND

That the following sums of money be and the same hereby are appropriated for sewerage purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - Administration' (1)

For the current expenses of ADMINISTRATION OF THE SEWER DEPARTMENT, a division of the Department of Public Service Enterprises, the sum of forty-five thousand, eight hundred fifty-two dollars and no cents ($45,852.00) i s appropriated from the Sewer Fund to be apportioned as follows:

(1) Personal Services $41,306.00 Other (Iterating Expenses 4,546.00

Paragraph Two - Treatment and Disposal (2)

For the current expenses of TREATB/ENT AND DISPOSAL OF THE SEWER DEPARTMENT, a division of the Department of Public Service Enterprises, the sum of seven hundred thirty-seven thousand, nine hundred eighty-six dollars and no cents ($737,986.Oo) i s appropriated frcxn the Sewer Fund to be apportioned as follows:

(1) Personal Services $ 30,000.00 (2) Other Operating Expenses 707,986.00

Paragraph Three - Collection and Transmission (3)

For the current expenses of the COLLECTION AND TRANSAHSSION OF THE SEWER DEPARIMENT, a division of the Department - of Public Service Enterprises, the sum of two himdred eighty-four thousand, seven hundred sixty dollars and no cents ($284,760.00) i s appropriated from the Sewer Fund to be apportioned as follows:

(1) Personal Services $ 175,000.00 (2) Other Operating Expenses 109,760.00

Paragraph Four - Miscellaneous (4)

For setting aside reserve for depreciation and the payment of taxes, the sum of two himdred twenty thousand, eight himdred seventy-one dollars and no cents ($220,871.00) i s appropriated from the Sewer Fund to be apportioned as follows:

(1) Depreciation $ 183,305.00 (2) Taxes, etc. 37,566.00

Paragraph Five - Capital Outlay. (7)

For the capital improvements of the SEWER DEPARTI\,lENr, a division of the Department of Public Service Enterprises, the sum of six hundred sixty-one thousand, four hundred dollars and no cents ($661,400.00) i s appropriated frcm the Sewer Fund to be apportioned as follows:

(1) Capital Outlay $ 661,400.00

Paragraph Six - Indebtedness Requirement - Sewer Fund (8)

For the pa,yment of interest and retirement of bonds and tenporary loans of the PUBLIC SERVICE ENTERPRISES - SEWER ACTIVITIES, the sum of one himdred ninety-three thousand, four hundred ninety-seven dollars and no cents ($193,497.00) i s appropriated from the Sewer Fund to be apportioned as follows:

(1) Serial Bond.s, Interest, etc. $ 193,497.00

Paragraph Seven - Transfers to Other Funds (9)

For sharing the cost of operation of other funds for the benefit of the SEWER DEPARTMENT, the sum of two hundred seventeen thousand, five hundred f i f t y - f i v e dollars and no cents ($217,555.00) i s appropriated from the Sewer Fund to be apportioned as follows:

(1) To General Fund - Share of Accounting, Collecting Ss Data Processing $ 124,903.00

(2) To General Fund - Insurance 7,496.00 (3) To General Fund - Retiranent 8s

Social Security 47,040.00 (4) To Central Garage Fund 19,636.00 (5) To Central Stores Fund 18,480.00

S U M M A R Y

Expenditures and Revenue

Total Sewer Appropriations for the Fiscal Year Ending June 30, 1987 $2,361,921.00

103 To be provided for from the following Anticipated Revenie, which i s as follows:

Other Local Taxes (estimated) $ 100.00 Permits, Privilege Fees and Regulatory Licenses (estimated) 38,500.00 Revenue From Use of Money & Property (estimated) 58,590.00 Charges for Services (estimated) 2,171,497.00 Recovered Costs (estimated) ^ 10,000.00 Non-Revenue Receipts (estimated) • 25,850.00 Transfers (estimated) 57,384.00

Total Sewer Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1987 $ 2,361,921.00

SECriON V - VIRGINIA PUBLIC ASSISTANCE FUND

That the following sums of money be and same hereby are appropriated for the social services purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - Director of Social Services (5301)

For the cirrrent expenses of the DIRECTOR OF SOCIAL SERVICES, a division of the Department of Social Services, the sum of four hundred twenty-four thousand, three hundred ninety-four dollars and no cents ($424,394.00) i s appropriated from the Virginia Public Assistance Fund to be apportioned as follows:

(1) Personal Services $ 276,975.00 (2) Other Operating Expenses 147,419.00

Paragraph Two - Bureau of Public Assistance (5302)

For the current expenses of the BUREAU OF PUBLIC ASSISTANCE, a division of the Department of Social Services, the sum of one hundred sixty-eight thousand, three hundred dollars and no cents ($168,300.00) i s appropriated from the Virginia Public Assistance Fund to be apportioned as follows:

(1) Other Cperating Expenses $ 168,300.00

Paragraph Three - Social Services Bureau, (5309)

For the current expenses of- the SOCIAL SERVICES BUREAU, a division of the Department of Social Services, the sum of one hundred seven thousand, two hundred ninety dollars and no cents ($107,290.00) i s appropriated frcm the Virginia Public Assistance Fund to be apportioned as follows:

(1) Other Operating Expenses $ 107,290.00

S U M M A R Y

Expenditures and Revenue

Total Virginia Public Assistance Fund Appropriations for the Fiscal Year Ending June 30, 1987 $ 699,984.00

To be provided for frcm the following Anticipated Revenue which i s as follows:

Categorical Aid (estimated) $ 556,948.00 Transfers Frcm Other Funds (estimated) 143,036.00

Total Virginia Public Assistance Fund Revenue (estimated) for the Fiscal Year Ending June 3Q, 1987 $ 699,984.00

SECTION VI - CENTRAL GAMGE FUND

That the following sumis of money be and the same hereby are appropriated for Central Garage purposed herein specifled for the f i s c a l year ending June 30, 1987:

Paragraph One - Central Garage

For the current expenses and capital outlay of the CENTRAL GARAGE, a division of the Central Garage Fund, the sum of one hundred eighty-three thousand, eighty-nine dollars and no cents ($183,089.00) i s appropriated from the Central Garage Fund to be apportioned as follows:

(1) Personal Services $ 133,228.00 (2) Other Cperating Expenses 27,661,00 (3) Capital Outlay 22,200.00

S U M M A R Y

Expenditures and Revenue

Total Central Garage Fund Appropriations for the Fiscal Year Ending June 30, 1987 $ 183,089.00

To be provided for from the following Anticipated Revenue, which i s as follows:

1&4

Revenue From Use of Money 8s Property (estimated) $104,542.00 Transfers From Other Funds (estimated) 78,547.00

Total Central Garage Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1987 $183,089.00

SECTION VII - CEMEAL STORES OPERATING FUtO

That the following sums of money be and the same hereby are appropriated for Central Stores purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - Central Stores

For the current expenses and capital outlay of the CENTRAL STORES, a division of the Central Stores Revolving Fund, the sum of sixty-one thousand, six hundred three dollars and no cents ($61,603.00) i s appropriated frcm the Central Stores Fund-to be apportioned as follows:

(1) Personal Services $ 32,126.00 (2) Other Operating Expenses' 15,877.00

(3) Capital Outlay 13,600.00

S U M M A R Y

Expenditures and Revenue

Total Central Stores Fund Appropriations for the Fiscal Year Ending June 30, 1987 $ 61,603.00 To be provided for from the following Anticipated Revenue, which i s as follows:

Transfers From Other Funds (estimated) $ 61,603.00

SECTION VIII - PUBLIC TRANSPORTATION

That the following sums of money be and the same hereby are appropriated for Public Transporta­tion purposes herein specified for the f i s c a l year ending June 30, 1987:

Paragraph One - Transit Buses (1)

For the current expenses of the TRANSIT BUSES, a division of the Public Transportation Fund, the sum of four himdred ten thousand, nine hundred fifty-three dollars and no cents ($410,953.00) i s appropriated frcm the Public Transportation Fund to be apportioned as follows:

(1) Personal Services $208,586.00 (2) Other Operating Expenses 202,367.00

Paragraph Two - School Buses (2)

For the current expenses of the SCHOOL BUSES, a division of the I>ublic Transportation Fund, the sum of two himdred twenty-five thousand, eighty-one dollars and no cents ($225,081.00) i s appropriated from the Public Transportation Fund to be apportioned as follows:

(1) Personal Services $132,355.00 (2) Other Operating Expenses 92,726.00

Paragraph Three - Taxi Cabs/Vans (3)

For the current expenses of the TAXI CABS/VANS, a division of the Public Transportation Fund, the sum of two himdred ninety-segen thousand, four hundred forty-one dollars and no cents ($297,441.00) i s appropriated from the Public Transportation Fund to be apportioned as follows:

(1) Personal Services $199,953.00 (2) Other Operating Expenses 97,488.00

Paragraph Four - Miscellaneous (4)

For the current expenses of MISCELLANEOUS, a division of the Public Transportation Fund, the sum of twenty-eight thousand, four hundred twenty-five dollars and no cents ($28,425.00) i s appropria­ted from the Public Transportation Fund to be apportioned as follows:

(1) Personal Services $ 7,700.00 (2) Other Operating Expenses 20,725.00

Paragraph Five - Capital Outlay (7)

For the capital improvements in the PUBLIC TRANSPORTATION DEPARII.lENr, a division of the Public Transportation Fund, the sum of one hundred seventy-six thousand dollars and no cents ($176,000.00) i s appropriated from the Public Transportation Fund to be apportioned as follows:

(1) Capital Outlay $176,000.00

S U M M A R Y

Expenditures and Revenue

105 Total Public Transportation Fund Appropriations for the Fiscal Year Ending June 30, 1987 $ 1,137,900.00

To be provided for from the following Anticipated Revenue, which i s as follows:

Charges for Services (estimated) $. 577,000.00 Recovered Costs (estimated) 10,000.00 Other Categorical Aid (estimated) 298,160.00 Transfers Fron Other Funds (estimated) 252,740.00

Total Public Transportation Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1987 $ 1,137,900.00

SECTION IX - SANITATION FUND

That the following, sums of money be and the same hereby are appropriated for the Sanitation , purposes herein specified for the f i s c a l year ending Jime 30, 1987:

Paragraph One - Resource Recovery F a c i l i t y (1)

For the current expenses of the RESOURCE RECOVERY FACILITY, a division of the Sanitation Fund, the sum of four hundred sixty-three thousand, seven hundred eighty-two dollars and no cents ($463,782.00) i s appropriated frcm the Sanitation Fund to be apportioned as follows:

(1) Personal Services $ 319,852.00 (2) Other Cperating Expenses 143,930.00

Paragraph Two - Refuse Collection (2)

For the current expenses of the REFUSE COLLECTION, a division of the Sanitation Fund, the sum of three hundred f i f t y - s i x thousand, three hundred fifty-one dollars and no cents ($356,351.00) i s appropriated from the Sanitation Fund to be apportioned as follows:

(1) Personal Services $ 266.490.00 (2) Other Operating Expenses 89,861.00

Paragraph Three - Sanitary Landfill (3)

For the current expenses of the SANITARY LANDFILL, a division of the Sanitation Fund, the sum. of f i f t y - s i x thousand, five hundred eighty-two dollars and no cents ($56,582.00) i s appropriated from the Sanitation Fund to be apportioned as follows:

(1) Personal Services $ 34,005,00 (2) Other Operating Expenses 22,577.00

Paragraph Four - Mscellaneous (4)

For setting aside reserve for depreciation and the payment of taxes, the sum of two hundred ninety-one thousand, twenty-five dollars and no cents ($291,025.00) i s appropriated from the Sanitation Fund to be apportioned as follows:

(1) Depreciation $ 291,025.00

Paragraph Five - Capital Outlay (7)

For the capital improvements of the SANITATION FUND, a division of the Sanitation Fund, the sum of one hundred two thousand, eight hundred eighty dollars and no cents ($102,880.00) i s appropria­ted from the Sanitation Fund to be apportioned as follows:

(1) Capital Outlay $ 102,880.00

Paragraph Six - Debt Service (8)

For the payment of the interest on and the retirement of bonds of the SANITATION FUND, the sum of one million, one hundred seventy-four thousand,, seven hundred seventy-seven dollars and no cents ($1,174,777.00) i s appropriated from the Sanitation Fund to be apportioned as follows:

(1) Serial Bonds and Interest $ 1,174,777.00

Paragraph Seven - Non-Departmental (9)

For sharing the cost of operation of other funds for the benefit of the SAIHTATION FUND, the sum of one himdred six thousand, nine hundred sixty-eight dollars and no cents ($106,968.00) i s appro-proated from the Sanitation Fund to be apportioned as follows:

(1) To General Fund - Insurance $ 10,968,00 (2) To General Fund - Retirement

& Social Security 96,000,00

S U M M A R Y

Expenditures and Revenue

Total Sanitation Fund Appropriations for the Fiscal Year Ending June 30,, 1987 $ 2,552,365,00

To be provided for from the following Anticipated Revenue, which i s as follows:

Revenue from Use of Money & Property (estimated) $ 3,000.00 Charges for Services (estimated) 1,098,248.00 Recovered Costs (estimated) 900.00 Revenue Prom Federal Government (estimated) 598,036.00 Transfers (estimated) 852,181.00

Total Sanitation Fund Revenue (estimated) for the Fiscal Year Ending June 30, 1986 $ 2,552,365.00

TOTAL APPROPRIATIONS MENTIONED WITHIN SECTIONS I THROUGH IX IN THIS ORDINANCE FOR THE FISCAL YEAR ENDING JUNE' 30, 1987

RECAPITULATION

Section I (General Fund) $19,250,211.00 Section II (School Fund) $11,826,311.00 Section I I I (Water Fund) $ 2,160,275.00 Section IV (Sewer Fund) $2,361,921,00 Section V (Virginia Public Assistance Fund) $ 699,984.00 Section VI (Central Garage Fund) $ 183,089,00 Section VII (Central Stores Fund) $ 61,603,00' Section VIII (Public Transportation Fund) $ 1,137,900,00 Section IX (Sanitation Fund) $ 2,552,365.00

TOTAL APPROPRIATIONS $40,233,659,00

SECTION X

A l l of the monies appropriated as shown by the contained items i n Sections I through IX are appropriated upon the terms, conditions and provisions hereinbefore set forth in connection with said items and those set forth i n this section and i n accordance with the provisions of the o f f i c i a l code of the City of Harrisonburg, Virginia, Edition 1979, now in effect or hereafter adopted or amended, relating hereto.

That the rate of taxation of Real Estate be fixed at $0.72 (Seventy-two Cents), and that the rate of taxation on Tangible Personal Property, Machinery and Tools and Merchants Capital, as defined by Chapter 35 of T i t l e 58.1 of the Code of Virginia, 1950, as amended, and on a l l boats or watercraft under five (5) tons burthen used for business or pleasure, as defined by Section 58.1-3503 of said Code, and on a l l vehicles without motive power used or designed to be losed as mobile homes or offices or for other means of habitation, as defined by Section 58.1-3503 of said Code, be fixed at $ 1.50 (One Dollar and F i f t y Cents) on each one hundred dollars assessed valuation for the year 1986; i t being expressly provided,' however, that the provisions of this Ordinance shall not apply to household goods and personal effects as enumerated in Section 58.1-3504 of said Code, i f such goods and effects be owned and used by an individual or by a family or household incident to maintaining an abode, which goods and effects are hereby declared wholly exempt from taxation.

That the rate of fee or service charge imposed on Real Estate Property exempt from regular taxation shall be twenty percent (20%) of the real estate tax rate levied by the City Council i n the a'bove paragraph, which applies to the real estate for which the City furnishes police and f i r e pro­tection and for the collection and disposal of refuse, and where such real estate are exempt from taxation tinder Sections 58.1-3606 through 58,1-3608 of the Code of Virginia, Pursuant to Section 58.1-3400 through 58,1-3407 Code of Virginia, as amended, rate of service charge shall be Fourteen Cents ($0,14) per annum per $100.00 of assessed valuation, payable on or before December 5, 1986. The above service charge shall apply to a l l real property except those specifically exempted from the service charge as provided i n such section. (Such as property owned by the Coranonwealth, hospitals, cemeteries, churches, etc.)

That the salaries, wages and allowances set out i n detail i n the budget statement, and adopted by the City Council for the f i s c a l year beginning July 1, 1986, and ending June 30, 1987, both dates inclusive, be, and they are hereby authorized and fixed as the maximum conpensation to be allowed officers and employees for the services rendered, unless otherwise provided by ordinance; provided, however, that the City Manager i s authorized to make such re-arrangements of salaries i n the several departments herein names as may best meet the needs and interest of the City and to transfer parts of salaries from one department to another when extra work i s transferred from one department to another.

A l l ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed.

This ordinance shall become effective July 1, 1986.

Given under my hand this 27th day of May , 1986.

MAYO] ATTESTE.

CLERK

Tuesday, May 27, 1986

At a regular meeting of Council held i n the Council Chamber this evening at 7:30 there were present: Mayor Walter F. Green,, 3rd; City Manager Marvin B. Milam; City Attomey Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mavor Raymond C. Dingledine, Jr.; Council Members Elon W. Rhodes, Thomias

H.Robinson, II , City Auditor Philip L, Peterman and Chief of Police Richard W. Presgrave.

To be provided f o r from the following Anticipated Revenue, which i s as follows:

Revenue from Use of Money & Property (estimated) $ 3,000.00 Charges for Services (estimated) 1,098,248.00 Recovered Costs (estimated) 900.00 Revenue Prom Federal Government (estimated) 598,036.00 Transfers (estimated) 852,181.00

Total Sanitation Fund Revenue (estimated) f o r the F i s c a l Year Ending June 30, 1986 $ 2,552,365.00

TOTAL APPROPRIATIONS MEIWIOMD WITHIN SECTIONS I THROUGH IX IN THIS ORDINANCE FOR THE FISCAL YEAR ENDING JUNE' 30, 1987

RECAPITULATION

Section I (General Fund) $19,250,211.00 Section II (School Fund) $11,826,311.00 Section I I I (Water Fund) $ 2,160,275.00 Section IV (Sewer Fund) $ 2,361,921.00 Section V ( V i r g i n i a Public Assistance Fund) $ 699,984.00 Section VI (Central Garage Fund) $ 183,089.00 Section VII (Central Stores Fund) $ 61,603.00 Section VIII (Public Transportation Fund) $ 1,137,900.00 Section IX (Sanitation Fund) $ 2,552,365.00

TOTAL APPROPRIATIONS $40,233,659.00

SECTION X

A l l of the monies appropriated as shown by the contained items i n Sections I through IX are appropriated upon the terms, conditions and provisions hereinbefore set f o r t h i n connection with s a i d items and those set f o r t h i n t h i s section and i n accordance with the provisions of the o f f i c i a l code of the C i t y of Harrisonburg, V i r g i n i a , E d i t i o n 1979, now i n effect or hereafter adopted or amended, r e l a t i n g hereto.

That the rate of taxation of Real Estate be f i x e d at $0.72 (Seventy-two Cents), and that the rate of taxation on Tangible Personal Property, Machinery and Tools and Merchants Cap i t a l , as defined by Chapter 35 of T i t l e 58.1 of the Code of V i r g i n i a , 1950, as amended, and on a l l boats or watercraft under f i v e (5) tons burthen used for business or pleasure, as defined by Section 58.1-3503 of said Code, and on a l l vehicles without motive power used or designed to be used as mobile homes or o f f i c e s or for other means of habitation, as defined by Section 58.1-3503 of sai d Code, be f i x e d at $ 1.50 (One Dollar and F i f t y Cents) on each one hundred d o l l a r s assessed valuation f o r the year 1986; i t being expressly provided,' however, that the provisions of t h i s Ordinance s h a l l not apply to household goods and personal effects as enumerated i n Section 58.1-3504 of said Code, i f such goods and effects be owned and used by an in d i v i d u a l or by a family or household incident to maintaining an abode, which goods and effects are hereby declared wholly exempt from taxation.

That the rate of fee or service charge inposed on Real Estate Property exempt from regular taxation s h a l l be twenty percent (20%) of the r e a l estate tax rate levied by the Ci t y Council i n the above paragraph, which applies to the r e a l estate f o r which the C i t y furnishes p o l i c e and f i r e pro­tec t i o n and for the c o l l e c t i o n and disposal of refuse, and where such r e a l estate are exempt from taxation under Sections 58.1-3606 through 58.1-3608 of the Code of V i r g i n i a . Pursuant to Section 58.1-3400 through 58.1-3407 Code of V i r g i n i a , as amended, rate of service charge s h a l l be Fourteen Cents ($0.14) per annum per $100.00 of assessed valuation, payable on or before December 5, 1986. The above service charge s h a l l apply to a l l r e a l property except those s p e c i f i c a l l y exempted from the service charge as provided i n such section. (Such as property owned by the Commonwealth, hospitals, cemeteries, churches, etc,)

That the sal a r i e s , wages and allowances set out i n d e t a i l i n the budget statement, and adopted by the C i t y Council for the f i s c a l year beginning J u l y 1, 1986, and ending Jxme 30, 1987, both dates i n c l u s i v e , be, and they are hereby authorized and f i x e d as the maximum conpensation to be allowed o f f i c e r s and employees for the services rendered, ruiless otherwise provided by ordinance; provided, however, that the City Manager i s authorized to make such re-arrangements of sa l a r i e s i n the several departments herein names as may best meet the needs and interest of the Ci t y and to transfer parts of s a l a r i e s from one department to another when extra work i s transferred from one department to another.

A l l ordinances or parts of ordinances inconsistent with the provisions of t h i s ordinance be and the same are hereby repealed.

This ordinance s h a l l become e f f e c t i v e July 1, 1986,

Given xinder my hand t h i s 27th day of BJay , 1986,

CL^RK

Tuesday, May 27, 1986

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F, Green,, 3rd; C i t y Manager Marvin B, Milam; C i t y Attomey Norvell A, Lapsley; Clerk N, Arlene Loker; Vice-Mavor Rajraond C. Dingledine, J r . ; Council Members Elon W. Rhodes, Thomas

H.Robinson, I I , City Auditor P h i l i p L. Peterman and Chief of Police Richard W. Presgrave.

107'-Absent: Conncii JjQiibeS- Shopk,

Minutes of the regular meeting held on May .13th were approved as read.

' ''' Ms. Betty Banta was present i n the meeting to . inform Council that the Small Business Administra­t i o n Office has located i n the Red Cross Office, Roan 504, Sovran Bank Building, f o r the purpose of expediting receipt of checks for loans to flood victims i n Rockingham County and the Ci t y of Harrisonburg. C a l l s w i l l be made to Atlanta f o r those who have not completed t h e i r Loan Closing Documents, i n order that checks may be ready f o r mailing, upon receipt of the documents. Telephone nun±)er f o r the o f f i c e i s 434-3092 and the o f f i c e ho-urs are from 9 am - 5 pm, or by appointment.

^ C i t y Manager Milam c a l l e d members' attention to t h e i r copies of the Franchise Renewal Proposal submitted by Warner Cable Communications, Inc., accompanied by a cover l e t t e r from Ms. Libby Cherring-ton. Manager. He noted that copies of the proposal had been distributed, including copies to Attomey Holmes Harrison and the c i t y ' s CPA firm. No other bids have been sutanitted, i n reply to the Ci t y Manager's request f o r proposal, and the c i t y w i l l have 120 days i n which to review and answer the one in-hand. By mid-July, Council w i l l take the posi t i o n to either accept the proposal, with modifica­tions, or to reject the proposal.

At 7:50 p.m.. Mayor Green closed the regular session temporarily and c a l l e d the evening's public hearing to order.

C i t y Manager Milam c a l l e d attention to the synopsis of the c i t y ' s proposed budget, setting out comparison of estinated receipts by fimds and sources f o r f i s c a l year ending 6/30/87, as w e l l as appropriations proposed f o r the various funds. He read the following Notice of Hearing which appeared i n the news a r t i c l e following the budget synopsis:

NOTICE IS HEREBY GIVEN, that a Public Heaving on said budget as submitted and amended will be held in the Council Chamber in the Municipal Building, at 7:20 p.m. on the 727th day of May, 1986, at which meeting the said budget will be further acted upon -by the Council. All citizens (especially senior citizens) are invited to attend and provide the Council with written and oral comments and ask questions concerning the City's entire proposed budget and the relationship of Revenue Sharing Funds to- the budget. The entire proposed budget, a statement on the proposed uses of Revenue Sharing Funds,, and the pro­posed budget summarized 'above can be inspected by the public from 8:20 a.m. until 5:00 p.m., Monday through Friday in the City Manager's Office, second floor. Municipal Building.

MARVIN B. MILAM, City Manager Manager Milam noted that imless decided otherwise by Congress, Revenue. Sharing w i l l terminate October 1st of t h i s year, and the C i t y w i l l have to f i n d about $ 600,000 i n next year's budget. Mayor Green c a l l e d on anyone present, desiring to be heard concerning the c i t y ' s proposed budget. There being none, the Hearing was closed at 8:02 p.m. and the regular session reconvened.

•'•'^ice-Mayor Dingledine c a l l e d attention to a l e t t e r dated 5/2/86' from Attomey Henry Clerk, re­questing appropriations from the C i t y and County on a 50/50 basis, to Rockingham Development Corp. on a t o t a l amount of $ 82,950 f o r year 1986-87. C i t y Manager Milam noted that the l e t t e r was received after the c i t y ' s proposed budget had been presented to Council. He reminded Coimcil that a news a r t i c l e , published e a r l i e r , set out an i n i t i a l contribution of $ 10,000 from each of the two goveming bodies, and asked Council how the matter should be handled, i n view of the difference i n amounts. Manager Milam offered an opinion that a contribution of $ 10,000 for economic development may be i n order f o r next year's budget, p a r t i c u l a r l y since three major business firms are contonplating relocat­ing outside the Ci t y of Harrisonburg, namely: Shenandoah's Pride to north of Mt.Crawford; Good Printers to Bridgewater, and Riddleberger Bros, to north of Mt.Crawford. Mr. B i l l Neff said he had worked with RDC on a number of endeavors, and praised the Corporation for i t s a c t i v i t y i n bringing industry into the area. Manager Milam said that requests f o r constribution s are cut-off i n A p r i l , i n order that they may be worked into the proposed budget. He suggested that i f the contribution request of RDC i s approved i n the amount of $ 10,000, that i t be drawn f r a l i the account numbered 5605.05 - CATV System, i n the Appropriation Ordinance. This would reduce CATV from $ 64,882 to $ 54,882, and establish a separate account 5605.08 i n amount of $ 10,000 to RDC for Economic Development. He presented a revised sheet no. 11 to the Appropriation Ordinance, setting out the suggested amendment, f o r Council's consideration. Vice-Mayor Dingledine offered a motion f o r the Appropriation Ordinance to be amended, as suggested by the Ci t y Manager. The motion was seconded by Coimcil Member Robinson, and adopted by a unanimous recorded vote of Council Members present.

^"'^ Ci t y Manager Milam reviewed with Council, the 26 page Appropriation Ordinance for the City's proposed budget f o r f i s c a l year 1986-87, i n gross amount of $ 40,233,659, less inter-fimd transfers. He noted that the rate of r e a l estate taxation renains at $0.72; tangible personal property taxation of $ 1.50 per each one hundred dol l a r s assessed value f o r 1986, w i l l not change; service charge on r e a l estate exempt from regular taxation on which the c i t y furnishes various services, ranains at 20% of the r e a l estate tax levie d by Coimcil; and no change i n service charge of $0.14 per $100 of assessed valuation, which applies to a l l r e a l property except those s p e c i f i c a l l y exempted from the service charge. Salaries, wages and allowances f i x e d at maximum conpensation to be allowed o f f i c e r s and enployees f o r services rendered, with authorization f o r the C i t y Manager to make such re-arrangement of s a l a r i e s i n the various departments, and to transfer parts of sa l a r i e s from one department to another, as may best meet the needs and interest of the c i t y . Following the review, Coimcil Member Rhodes moved that the Appropriation Ordinance, as amended, be approved f o r second & f i n a l reading, a f i r s t reading having been approved on May 13th, with authorization f o r the Mayor to sign the o r d i ­nance and the Clerk to attest same and spread upon the pages of the c i t y ' s minute book. The motion was seconded by Coimcil Member Robinson, and adopted by a imanimous recorded vote of Council. (Refer to Mnute Bk P, pages 92-106).

i>''^Eor consideration of a second & f i n a l reading. C i t y Attomey Lapsley presented an ordinance amend­ing and re-enacting Section 13-1-3 of the C i t y Code, e n t i t l e d : Adoption of state law." He noted that a number of amendments have been made by the state with regard to the operation of a vehicle, and i n ­formed Council that due to amendments -which are made from time to time, the c i t y w i l l have to adopt the state law by ordinance, annually. On motion of Vice-Mayor Dingledine, seconded by Coimcil Member

Robinson, and a unanimous recorded vote of Council Members present, the ofdinance was approved f o r

108 second & f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the c i t y ' s ordinance book. (Ord. Bk L, page 64).

^'^or consideration of a second Ss f i n a l reading, the C i t y Attorney presented an ordinance amending T i t l e 5, Chapter 2 of the Ci t y Code, by adding Section 5-2-8 e n t i t l e d : Appeal from Decision of Inspec­tor to Building Code Board of Appeals. The ordinance, approved f o r a f i r s t , reading on May 13th, provides f o r appeals from the decision of the f i r e inspector to be heard and decided by the Building Code Board of Appeals. On motion of Council Member Rhodes, seconded by Vice-Mayor Dingledine, and a unanimous recorded vote of Council, the ordinance was approved for second 8s f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the c i t y ' s ordinance Book. (Ord. Bk L, page 65).

The City Attorney presented, f o r consideration of a second 8s f i n a l reading, an ordinance amending T i t l e 11 of the Ci t y Code, by the addition of Section 11-1-11 e n t i t l e d : Building Code Board of Appeals. He noted that although the Board of Appeals i s provided f o r i n the statewide building code which was adopted by Council, t h i s i s a special ordinance setting out composition, function, etc. of the City's Board. On motion of Council Member Robinson, seconded by Vice-Mayor Dingledine, and a unanimous recorded vote of Council, the ordinance was approved f o r f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the c i t y ' s ordinance book. (Ord. Bk"L, page 66).

*^he following Planning Coomission report from i t s Jlay 21st meeting, was received by Council: "...Following the Publie Eearing^ to consider rezoning of vacant lots on

the northeast comer of Clinton and Madison Streets from R-2 Residential to B-2 General Business, discussion concluded that a parking lot, if adequately screened by shrubbery such as ,pine trees, would be the best-use of the property. Mr. Rhodes stated that he could support the lease agreement' (which limits any vehicle to parking on the lot no longer than 60 days) andadequate' screening on both Clinton and Madison Street sides. Be moved that the Commission recommend to Council that the Martin Stroble Lots be rezoned from R-2 Residential to B-2 General Business. Mr. Eeath seconded the motion which passed unanimously..."

Inasmuch as a l l zoning issues require a public hearing by C i t y Coimcil, Vice-JIayor Dingledine offered a motion for the report of the Planning Commission to be accepted, and public hearing scheduled f o r Tuesday, June 24, 1986, at 7:30 p.m. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council Members present. The C i t y Manager was instructed to properly p u b l i c i z e the Hearing.

Council received the following Planning Commission report fron i t s May 21st meeting: "...The Commissioners were shown a map of Fairway Bills Subdivision Section

III. The Director pointed to lots 68, 69, • 70 & 71 on the south side o f Divot Drive. Attorney Eenry Clark explained, that three people desire to purchase the four lots and resubdivide them into three. The 20' utility easement between Lots . 68 & 69 will not be relocated. All three proposed lots will continue to have utility easements on all sides of said lots. All of the lots will have over 20,000 square feet of land.

Mr. Eughes moved and Mr. Trobaugh seconded his motion that the Commission recommend approval of this resubdivision of Lots 68, 69, 70 & 71 into three lots in Section III, Fairway Hills Subdivision. All members present voted in favor..." •

C i t y Manager Milam c a l l e d attention to the p l a t attached to the report setting out location of the l o t s i n r e l a t i o n to t o t a l l o t s i n Section I I I . Council Member Robinson moved that the reccmmendation of the Planning Commission, be approved. The motion was seconded by Council Member Rhodes, and adopted by a unanimious vote of Council Manbers present .

"" Coimcil received the following Planning Commission report from a meeting held on B/Iay 21st: .,The Commissioners were given revised copies of the proposed resub­

division of Lots 2, 3 & 4 in Unit 3 of Willow Hills Subdivision. As requested by City Staff, the developers have redrawn the proposed townhouse lots so that all lot lines will continue in a straight line from front to rear. As a result, three of the interior townhouse lots will have less than 4,000 square feet of land area which is the minimum size for an R-2 Residential District, but the rear yards of all ten units will be aligned in an orderly fashion.

Mr. Heath moved that the Commission recommend approval of the resubdivision of Lots 2, 3 & 4 in Unit 3 of Willow Hills Subdivision into ten townhouse lots, and grant a variance to allow lots of less than '4,000 square feet for Lots 3B, 4B and 4C. Mr. Rhodes seconded the motion and all members present voted in favor.."

Following review of the attached p l a t , Coimcil Moiber Robinson moved that the recommendation of the Planning Commission be approved. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Coimcil Members present.

ie following Planning Commission report from i t s May 21st meeting, was presented: "...The Director first oriented the Commissioners to preliminary drawing

of a shopping center, on land between East Market Street and Country Club Road. Mr. Bill 'Neff and Mr. I.R. Copper then described several lot changes involving four property owners which are needed to allow adequate access to the proposed-development. An existing 20' drainage and utility easement crossing the site will not be relocated. The shopping center site plans will be reviewed at a future date, if the proposed 20.44 acre site is sold for such purpose.

Mr. Heath moved that the Commission recommend - approval of the Neff re­subdivision to form a 20. 44 acre tract of land between East Market Street and Country Club Road. Mr. Rhodes seconded the motion which passed unanimously..."

C i t y Manager Milam explained the survey sheet attached to the report. When the Vice-Mayor questioned whether a plan was in-hand for the land acreage, Mr. Neff s a i d that the project f o r a shopping center i s under contract. Vhen questioned by the Vice-Mayor whether an additional shopping center i s needed i n the c i t y , Mr. Neff pointed out that the Valley M a l l spaces are f i l l e d , , and that new stores w i l l be moving into the proposed shopping center, which w i l l be different from anything, i n most cases.

Council Member Rhodes offered a motion for the reconmendation of the Planning Conmission to be

109 approved. The lODtion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous, vote of Council.

• Council received the following Planning Conmission report from i t s May 21st meeting: "...The Bivectov desevvbed the Yvne Street section of Rehevd Acres and

pointed' out the proposed location for sixteen 'townhouse lots plus common area in Unit 19. All units will face an off-street common parking lot. Mr.

. • J.R.Copper described the drawing and the dimensions of the utility and vehicular access easements. Mr. DePoy said it will be up to the homeowners' •association to decide what recreational facilities they may place on the common green areas. Mr. Eeath asked how much space will exist between these proposed units and some existing townhouses which face Vine Street. The distance will be '80 feet^ Mr. Trobaugh noted that part of the front yard area will actually -be graveled or paved for parking, and Mr. Milam expressed concern that the rear yards will be only 25' long, therefore any future requests for enclosed p'orches or rooms will need a variance. Mr. Byrd asked Mr. DePoy to consider covenants that will prohibit adding enclosed rooms.-

Mr. Milam concluded the review with a motion that the Commission' recommend approval of the Final Plat for Unit 19, Reherd Acres Subdivision. Mr. Eughes seconded'the motion and all members present, voted in favor..., "

When question was raised concerning how usage of the common green areas i s determined, Mr. DePoy said that the areas are turned over to a Homeowners' Association, with recreational f a c i l i t i e s , etc. l e f t to i t s discretion. He said i t i s f e l t that use of the areas should be l e f t to residents, and added the fact that e l d e r l y residents who have pturchased l i v i n g u nits, may have l i t t l e or no interest i n any form of recreation. C i t y tianager Milam pointed out that the l o t s are r e l a t i v e l y short, and said that variances would be required f o r any requests to enclose porches or add roomis, i n that such construction would r e s u l t i n a setback change. Planning Director Sullivan offered an opinion that inasmuch as Building O f f i c i a l Byrd had asked f o r covenants p r o h i b i t i n g the addition of enclosed roomis, Mr. DePoy should-meet with Mr, Bj/rd. Mr. DePoy said there was no way the covenants could be changed, i n that they have been i n effect since 1983 when the Homeowners' Association was formed. When Council Member Rhodes, a member of the Planning Conmission, asked Mr. Sul l i v a n i f a l l aspects were not covered i n the Commission's meeting, Mr. Sul l i v a n r e p l i e d that Mr. Byrd's question concerning covenants was not answered. He pointed out the fact that without covenants pr o h i b i t i n g enclosures, a l l requests would have to be met, one by one, and each reviewed f o r a variance. Following discussion, Vice-Mayor Dingledine offered a motion f o r the reconmendation of the Planning Conmission to be approved. The motion was seconded by Council Member Robinson, and adopted by a imanimous vote of Coimcil Manbers present.

'''Tae following Planning Commission report from i t s May 21st meeting, was presented: "...Land Surveyor George Foard reviewed plans for proposed Unit 20A

of Reherd Acres, located on the east side of Blue Ridge Drive opposite the Madison Manor condominiums. The overall plan shows 40 townhouse units. At present, the developers want to build seven townhouses which will face Blue Ridge Drive. Parking will be on the back side. Mr. Foard ectyplained the reasons for locating the sewer lines in the rear. The Director asked if Goldfinch Drive will be constructed at the time these seven proposed townhouses are built, since access to their off-street parking will be via Goldfinch Drive, Also, the City approved nearby Unit 17A for duplex housing which is supposed to be a 'buffer' between single-family homes and the higher density development such as the Unit 20A layout, Mr,, Byrd again suggested restrictive covenants to prevent owners .from adding enclosed additions, due to the minimum sized townhouse lots shown in 20A. Mr. DePoy agreed to this requirement for 8" y)ater and sewer lines. Mr. Byrd asked him if he feels sensitive to the objections from residents to more high density development. Be stated that he feels it as much or more than City officials, because he lives in Reherd Acres himself.

Mr. Milam concluded the discussion with a motion for the Commission to recommend approval of the Final Plat for Unit 20A, Reherd Acres Subdivision. Mr. Hughes seconded the motion which passed unanimously,,."

Mr, DePoy noted that the land i s zoned R-2 since annexation into the Cit y , and that the proposed townhouse units are designed to be very a t t r a c t i v e . On motion of Coimcil Member Robinson, seconded by Council Member Rhodes, and a unanimous vote of Coimcil Members present, the reconmendation of the Planning Conmission was approved..

y For consideration of a f i r s t reading. C i t y Manager Milam presented an ordinance amending Sec. .7-4-1 of the Harrisonburg C i t y Code, e n t i t l e d : "Schedule of rates and charges generally." He reite r a t e d a statement which he had made at the l a s t regular meeting that more money i s needed to operate the water and sewer systems, and reviewed the following proposed increases as set out i n the ordinance:

Ci t y Water: 0 to 25,000 gallons from $1,06 per 1,000 gallons, to $1,26 Next 25,000 gallons to 250,000 gallons from $ 0.89 to $ 1.09 A l l over 250,000 gallons from $ 0.63 per 1,000 gallons to $ 0.83

Rural Water: 0 to 25,000 gallons from $ 2.12 per 1,000 gallons to $ 2.52 Next 25,000 gallons from $ 1,78 per 1,000 gallons to $ 2.18 A l l over 250,000 gallons from $ 1.26 per 1,000 gallons to $ 1.66

Ci t y Sewer: 0 to 25,000 gallons from $ 1.50 per 1,000 gallons to $ 2,00 Next 25,000 gallons from $ 1,37 per 1,000 gallons to $ 1.87 A l l over 250,000 gallons from $ 1,11 per 1,000 gallons to $ 1.61

Rural Sewer: 0 to 25,000 gallons from $ 2,46 per 1,000 gallons to $ 4.00 Next 25,000 gallons frcm $ 2.16 per 1,000 gallons to $ 3,74 A l l over 250,000 gallons frcm $ 1,64 per 1,000 gallons to $ 3.22

Rockingham County (East 33 Agreement) from $0.48 per 1,000 gallons to $0.66

Council Member Rhodes asked i f something could be worked with regard to some r e l i e f on the sewer

charge during sunnier months, when yards and gardens are being watered. Vice-Mayor Dingledine agreed that t h i s was worth looking i n t o , and then offered a motion f o r the ordinance to be approved for a f i r s t reading. The motion was seconded by Council Member Flhodes and adopted by a unanimous recorded vote of Coxmcil Members present.

y Vice-Mayor Dingledine brought up the miatter of a house vstoich has been xmder construction i n the c i t y f o r three years, and property xmmowed. He offered an opinion that some time l i m i t should be considered as a p o l i c y , f o r conpletion of construction. The C i t y Manager was asked to check into the matter to determine whether any such p o l i c y may be i n existence.

Coxmcil Member Rhodes spoke concerning condition of the o l d swimming pool s i t e , grown up with weeds, adjacent, to Newtown Cemetery, as w e l l as a l i t t e r problem on K e l l y Street. He noted that an o l d house stands, which has been boarded up for a nxmber of years, and results, i n continued b l i g h t i n the area that i s getting progressively worse. Mr. Rhodes expressed a desire f o r something to be done about the s i t u a t i o n . Chief of P o l i c e Presgrave said that h i s department could have the weeds cut, but offered an opinion that the c i t y i s i n need of an ordinance which i s enforcable f o r s i t u a ­tions such as t h i s . Another matter broxjght up by Coxmcil Member Rhodes was a parking problem at Lincoln C i r c l e , He sx^gested that, perhaps the R & H Authority could take some action before the s i t u a t i o n gets any worse. Jilayor Green asked Chief Presgrave, Jim Deskins and the C i t y Manager to get together to determine how the c i t y ' s ordinance can be enforced to address these situations.

Mayor Green said that the street sweeper does a good job, but i s hampered by cars being parked along the streets. He offered an opinion that certain hours should be set aside f o r vehicles to be o f f the streets, when they are being cleaned. C i t y Manager Milam sa i d that s p e c i f i c times f o r different areas i n the c i t y was discussed some time ago,but never put into effect. He suggested, that advertising times f o r cleaning streets, or signs, may help,

Coxmcil Member Rhodes mentioned a problem at the^ intersection of V i r g i n i a Avenue and Third Street, due to yellow no parking l i n e s , being painted white. The Mayor noted that other areas i n the c i t y have the same problan.

At 9:32 p,m,, on motion of Vice-JIayor Dingledine, seconded by Coxmcil Member Faiodes and a xonanimoxis vote, Coxmcil entered an executive session to discuss personnel and a l e g a l matter.

At 11:30 p,m,, on motion duly adopted, the executive session was closed and the regular session reconvened. There being no fxrrther business, the meeting was adjoxxmed.

At a regular meeting of Coxmcil held i n the Coimcil Chamber t h i s evening at 7:30 there were present: Mayor Walter F, Green, 3rd; C i t y Manager Marvin B.Milam; C i t y Attorney Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Coxmcil Members Elon W. Rhodes, Thonas H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on May 27th were approved as read.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e for the month of May, 1986. From the C i t y Treasxirer:

A t r i a l balance report as of close of business on May 31, 1986. From the P o l i c e Department:

A report of Fines & Costs, $ 5,516.73; Cash Collected from street parking meters, $ 8,794,92; Total Cash collected, paid on accoxmts and tximed over to Treasurer, $14,311.65, for month of May, 1986, From the C i t y Auditor:

A f i n a n c i a l report f o r the C i t y of Harrisonburg, month of May, 1986, A report of cash discoxmts saved i n payment of vendor's invoices f o r month of JJay,

1986, t o t a l i n g $ 324.36 From the Department of U t i l i t y B i l l i n g :

A report of water, sewer & refuse accoxmts; meters read, i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc. f o r month of May, 1986.

JXMT. Hal Finlayson, a 3-year representative of Harrisonbxirg on the Diversionary Program: Comnunity Corrections Board, was present i n the meeting to report on services rendered, etc. The Program i s operated by the Criminal D i v i s i o n , state fxmded, with no c i t y or coxmty fxmds involved. Following conviction and sentencing of prisoners, the judge has the perogative of sending individxxal cases to the Corrections Board, and those so recommended, enter the Program. Individuals are required to sign a contract, agreeing to certain conditions, p r i o r to entering a house i n Winchester where they are closely supervised, with stringent rules. Dxxring the usual 90 - 120 day stay, coxmselling i s provided, as w e l l as assistance i n finding employment for the individuals. Since the Board has been active i n the Blue Ridge area, Mr. Finlayson reported 197 r e f e r r a l s to the Board, with 60 of that nxmber f a i l i n g to q u a l i f y f o r the Program. They were sent back to the coxirts and to the penitentiary. Individuals p a r t i c i p a t i n g i n the Program are required to prepare themselves and accept employment, i n order to pay back court costs and some r e s t i t u t i o n to the individuals wronged i n t h e i r crime. The Program provides help f o r non-violent prisoners, and r e l i e v e s , to some extent, the crowded s i t u a t i o n i n j a i l s , where some are required to sleep on tlie f l o o r . Mr. Finlayson asked Council to consider ranaining i n the Program, i n that there i s no cost involved, and the Program i s very worthwhile i n that i t salvages some individudla \ho have not yet become hardened criminals. When asked how many of the individuals were from Harrisonburg, Mr. Finlayson r e p l i e d "very few." Mayor Green expressed

CLERK

Tuesday, June 10, 1986

charge during siJimier months, when yards and gardens are being watered. Vice-Mayor Dingledine agreed that t h i s was worth looking i n t o , and then offered a motion f o r the ordinance to be approved for a f i r s t reading. The motion was seconded by Council Member Rhodes and adopted by a unanimous recorded vote of Council Members present.

y Vice-Mayor Dingledine brought up the matter of a house which has been under construction i n the c i t y f o r three years, and property unmowed. He offered an opinion that some time l i m i t should be considered as a p o l i c y , f o r completion of construction. The C i t y Manager was asked to check into the matter to determine whether any such p o l i c y may be i n existence.

Council Member Rhodes spoke concerning condition of the old swimming pool s i t e , grown up with weeds, adjacent, to Newtown Cemetery, as w e l l as a l i t t e r problem on K e l l y Street. He noted that an ol d house stands, which has been boarded up for a number of years, and r e s u l t s i n continued b l i g h t i n the area that i s getting progressively worse. Mr. Rhodes expressed a desire f o r something to be done about the s i t u a t i o n . Chief of P o l i c e Presgrave s a i d that h i s department could have the weeds cut, but offered an opinion that the c i t y i s i n need of an ordinance which i s enforcable f o r s i t u a ­tions such as t h i s . Another matter brought up by Council Meriber Rhodes was a parking problem at Lincoln C i r c l e . He suggested that perhaps the R H Authority could take some action before the s i t u a t i o n gets any worse. Mayor Green asked Chief Presgrave, Jim Deskins and the City Manager to get together to determine how the c i t y ' s ordinance can be enforced to address these situations.

Mayor Green said that the street sweeper does a good job, but i s hampered by cars being parked along the streets. He offered an opinion that certain hours should be set aside f o r vehicles to be o f f the streets, when they are being cleaned. C i t y Manager Milam said that s p e c i f i c times f o r di f f e r e n t areas i n the c i t y was discussed some time ago,but never put into e f f e c t . He suggested that advertising times for cleaning streets, or signs, may help.

Council Manber Rhodes mentioned a problem at the- intersection of V i r g i n i a Avenue and Third Street, due to yellow no parking l i n e s , being painted white. The Mayor noted that other areas i n the c i t y have the same problan.

At 9:32 p,m., on motion of Vice-Mayor Dingledine, seconded by Council Member Rhodes and a unanimous vote. Council entered an executive session to discuss personnel and a l e g a l matter.

At 11:30 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjomned.

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; City Manager Marvin B.Milam; C i t y Attomey Norvell A. Lapsley; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Manbers Elon W. Rhodes, Thonas H,Bobinson, I I , Charles L, Shank; C i t y Auditor P h i l i p L, Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on May 27th were approved as read.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of May, 1986, From the C i t y Treasurer:

A t r i a l balance report as of close of business on May 31, 1986, From the P o l i c e Department:

A report of Fines Si Costs, $ 5,516.73; Cash Collected from street parking meters, $ 8,794.92; Total Cash collected, paid on accounts and turned over to Treasurer, $14,311.65, for month of May, 1986, From the C i t y Auditor:

A f i n a n c i a l report for the C i t y of Harrisonburg, month of May, 1986. A report of cash discoxmts saved i n payment of vendor's invoices f o r month of May,

1986, t o t a l i n g $ 324.36 From the Department of U t i l i t y B i l l i n g :

A report of water, sewer Ss refxise accoxmts; meters read, i n s t a l l a t i o n s ; cut delinquents; conplaints; re-reads, etc. f o r month of May, 1986.

i / f o . Hal Finlayson, a 3-year representative of Harrisonbxirg on the Diversionary Program: Community Corrections Board, was present i n the meeting to report on services rendered, etc. The Program i s operated by the Criminal D i v i s i o n , state fxmded, with no c i t y or coxmty fxmds involved. Following conviction and sentencing of prisoners, the judge has the perogative of sending individxxal cases to the Corrections Board, and those so reconmended, enter the Program. Individuals are required to sign a contract, agreeing to certain conditions, p r i o r to entering a house i n Winchester where they are closely supervised, with stringent rxLLes. Dxrring the xisual 90 - 120 day stay, counselling i s provided, as w e l l as assistance i n finding arployment for the individuals. Since the Board has been active i n the Blue Ridge area, Mr. Finlayson reported 197 r e f e r r a l s to the Board, with 60 of that number f a i l i n g to q u a l i f y for the Program. They were sent back to the courts and to the penitentiary. Individuals p a r t i c i p a t i n g i n the Program are required to prepare themselves and accept enployment, i n order to pay back coxirt costs and some r e s t i t u t i o n to the individuals wronged i n t h e i r crime. The Program provides help f o r non-violent prisoners, and r e l i e v e s , to some extent, the crowded s i t u a t i o n i n j a i l s , where some are required to sleep on the f l o o r . Mr. Finlayson asked Coxmcil to consider remaining i n the Program, i n that there i s no cost involved, and the Program i s very worthwhile i n that i t salvages some individudla who have not yet becone hardened criminals. When asked how many of the individuals were from Harrisonbxn-g, Mr. Finlayson r e p l i e d "very few." Mayor Green expressed

CLERK

Tuesday, Jxme 10, 1986

• 1 1 1 .

appreciation fo3' the . infoasqative 5?epop?t.

''-^City Manager Milam presented a p e t i t i o n signed by 42 residents of Shenandoah Street i n Park View, requesting i n s t a l l a t i o n of curb & gutter. Reasons included: large amount of surface water; high concentration of residents due to recent construction of apartment houses; portion of the street already has curb and gutter; the street has been torn up to i n s t a l l larger pipes and w i l l need to be resurfaced, with t h i s being the l o g i c a l time f o r i n s t a l l a t i o n of curb & gutter p r i o r to the re s i r r f a c i r ^ . Manager Milam said he was not sure whether the project i s progranmed f o r the caning year, and noted that some of the section needs to have piping renewed. Mayor Green asked the Ci t y l&nager to check into the matter.

Mr. Kenneth Prantz, General Manager of the Harrisonbiu'g E l e c t r i c Conmission, was present i n the meeting to present a proposed resolution f o r Council's consideration, authorizing the Connission to borrow up to, but not exceeding $5 m i l l i o n f o r construction and improvements. He reminded Council that a s i m i l a r resolution was approved i n June of l a s t year and eff e c t i v e f o r a one year period, only. On motion of Council Manber Rhodes, seconded by Vice-Mayor Dingledine, and a unanimous vote of C o m c i l , the following resolution was approved, with authorization f o r the Clerk to sign the same:

RESOLVED, that the Harri-sonbifrg Electric Commission unanimously recommends and requests that the City Council of the City of Harrisonburg, authorize the Commission to-borrow from such lending institution or institutions, and in accordance with such terms as the Commission may be deemed adv isable, a sum not to exceed Eive Million Dollars to be repaid within a period of not exceeding one year for the purpose of repayment of the indebtedness previously incurred and approved by the City- Council for the acquisition of electrical facilities

. . • within the annexed area of the City as well as for the construction and improve­ment of its facilities, and for the purpose of making available additional funds which may be needed during said one year period for operating expenses.

APPROVED by the Harrisonb uvg City Council this 10th day of June , 1986.

^ C i t y Manager Milam presented correspondence from the Harrisonburg R e t a i l Merchants' Association, requesting permission f o r the varioios downtown businesses to display merchandise on the sidewalks at the annual sidewalk sale on July 17, 18 and 19, 1986. A second request of Wajoie Harrison, Chairman of the Fiddlers & Bluegrass Coipetition, through the Association, was for the south side of Court Square to be blocked o f f from through t r a f f i c on Saturday, July 19th, from 9 am to 5 pm for Harrisonburg's f i r s t Fiddlers and Bluegrass Canpetition. Manager Milam noted that C o m c i l has approved use of the sidewalks f o r the downtown sales promotion over past years, but t h i s i s the f i r s t year the Fiddlers' Competition i s being held i n the Cit y . Chief Presgrave said that arrangements could be made to prohi b i t through t r a f f i c on the south side of Court Square during the hours requested, and sa i d he could forsee no p a r t i c u l a r problem. Vice-Mayor Dingledine offered a motion f o r the requests to be granted. The motion was seconded by C o m c i l Manber Robinson, and adopted by/ a mani­mous vote of C o m c i l ,

^ " ^ i t y JJanager Milam informed C o m c i l that although Marie Gamett, a resident of 300 Dixi e Avenue, had planned to be i n attendance at t h i s evening's meeting, she had been c a l l e d away on an emergency. She intended to address the matter of permit parking f o r Beech Street and Dixie Avenue. He noted that Dr. Paul Cline of 221 Dixi e Avenue, supports the proposal, also. Jfe,yor Green sai d that concern has been expressed about student parking i n t h i s area, with one solution being that of permit parking. He added that i t i s d i f f i c u l t to control, i n that a l l students have permits to park. Larry Hoover, speaking on behalf of his parents who reside at 231 Grace Street, expressed concern about the problem, and asked C o m c i l to look at the hours proposed (9 am - 3 pm), from the standpoint of various fmo­tions which take place l a t e evenings and nights ( i . e . b a l l games), as w e l l as a l i t t e r problem. C i t y Manager Milam said he was thinking of school hours, when the hours were set out. Mayor Green said there has been a problem i n the southeast area of the c i t y , where permit parking i s i n effe c t , of residents hot being aware that there i s a requirement f o r permits to be obtained from the Treasirrer's Office, and asked those present, to contact the remainder of t h e i r neighborhood f o r t h e i r feelings re permit parking, and to make them aware of the requiranent. Blanager Milam said- he would have a draft form of an ordinance i n readiness f o r Cornell's next meeting on J m e 24th covering two blocks of Beech Street, two blocks of Dixie Avenue and one block of Grace Street, as a beginning, to help solve the situation»

Planning Director S u l l i v a n reported that a f i r s t draft of an amended Zoning Ordinance had been delivered a few weeks ago, and noted that Mr. William Cofer has several suggestions to make. He w i l l meet with the f u l l Planning Caimission on Jme 18th, and with C o m c i l , i f possible. The Conmission w i l l propose to schedule a public hearing f o r July 16th and the document w i l l be available f o r review following the Jme 18th meeting„ Should C o m c i l desire f o r the sequence of events to be pursued, an Ad w i l l be placed i n the Dail y News Record newspaper. MTO S u l l i v a n presented highlights of the Ordi­nance, setting out requirements f o r the four r e s i d e n t i a l d i s t r i c t s : R-1, R-2, R-3 and R-4. Ci t y Manager Milam noted that following the July 16th public hearing, there w i l l be a couple of weeks for a review of the ordinance, with the p o s s i b i l i t y of a f i r s t reading of the Ordinance by C o m c i l at i t s August 12th meeting and a second readong on August 26th. Should t h i s action prove too fa s t , a second reading could be considered on September 9th. Appreciation was expressed to the Planning Director f o r h i s report.

"iCity Manager Milam reminded C o m c i l that f i r s t terms of Messrs. James Wampler and James Messner, on the Harrisonburg C i t y School Board w i l l expire as of 6/30/86, with both e l i g i b l e f o r reappointment to second terms. He read Sec. 22.1-29.1 of the V i r g i n i a Code, as follows:

Public hearing vefore appointment of school board members-At least seven days prior to the appointment of any school board member

pursuant to the provisions of this chapter of Sec. 15.1-609, 15.1-644, 15.1-708 or 15.1-770, or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within ' the school districts. The appointing authority shall cause public notice to be given at least ten days prior to any hearing by publication in a newspaper having a general circulation within the school district.

Vice-Mayor Dinglddine moved that a public hearing be scheduled f o r Tuesday, Jme 24th, 7:30 pm, with regard to the School Board appointments, with instructions for the Ci t y Manager to properly advertise same i n the Daily News Record newspaper. The motion was seconded by C o m c i l Manber Rhodes, and adopt ^ manimous vote of C o m c i l .

' ^ o r consideration of a second & f i n a l reading. City Manager Milam presented and reviewed an . • ^ ordinance amending Section 7-4-1 of the C i t y Code, e n t i t l e d : "Schedule of rates and charges generally." The ordinance, approved f o r a f i r s t reading on May 27th, increases-water and sewer rates i n the c i t y and r u r a l areas. Council Member Rhodes said he would l i k e -for something to be worked out f o r the sewer chaise during summer months when lawns and gardens are being watered. Manager Milam said that a new ccraputer system, recently i n i t i a t e d f o r water and sewer b i l l i n g , would have to be adjusted i n order to handle the separate charge, which i s d i f f i c u l t , and added that he woilLd look into the matter. Vice-Mayor Dingledine offered a motion f o r the ordinance to be approved for second & f i h a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council Member Rhodes, and adopted by a unanimous recorded vote of Council. After further discussion. Council Member Rhodes moved that the ordinance be made eff e c t i v e as of t h i s date, to be worked i n with the b i l l i n g cycle for the various d i s t r i c t s . The motion was seconded by Council Manber Shank, and adopted by a unani­mous recorded vote of Council. (Refer to Ord. Bk L, page 67).

City Manager Jlilam presented f o r Council's consideration of approval, an agreanent between the . City of Harrisonburg and James Madison University, f o r transporting of students i n the c i t y ' s bus systan. He noted that the present agreanent replaces the o r i g i n a l one, i n that the V i r g i n i a Depart­ment of Highways & Transportation and JlffJ desire to be reli e v e d of any l i a b i l i t y . Transportation Director Reggie Snith said that the purpose of the agreanent i s to assure that JMU abides by f a i r standards and equal opportunity, and added the fact that J}M] i s pleased with the agreement, which i s as follows:

This agreement is made and entered into the first day of August, 1986, hy and between the Gity of Harrisonburg, hereinafter referred to as City, and James • Madison University, hereinafter referred to as JMU. All covenants and provisions of the agreements between the Virginia Department of Highways & Transportation and the City of Harrisonburg dated March 12, 1986 are hereby incorporated into this agreement.

The City agrees 'to provide bus service for all JMU students and employees pre­senting a valid JMU identification card for the period of the contract which shall terminate July SO, 1987, unless either the City or JMU deems the service to be un­acceptable at the conclusion of the Fall Semester. Should either party wish to terminate the contract at the conclusion of the Fall Semester, one-half of the annual fee from JMU to -the City will be paid, and the contract will be terminated.

Bus Service is defined below under the headings of standard transit service, evening-weekend shuttle transit service and'Sunday shuttle transit service. Buses will operate in inclement weather and on all national, state or local holidays when JMU is in session during the Fall and Spring semesters as indicated by the attached University calendar. Any dhanges in service routes or times must be agreed to in writing at least two (2) weeks in advance by both the City and JMU. All service other than standard service will be operated only while JMU is in session.

Standard City Transit Service. Standard City transit service is defined as that service'available to all city residents, twelve (12) months of the year. The

' service consists of four (4) routes and operates from 7 a,m, to 6 p.m., Monday through Friday, and 9 a.m, to S p,m, on Saturday. (Routes and schedules attached)

Fvening-'Weekend Shuttle Transit Service. Evening shuttle transit service designed ' to operate specifically for JMU will begin at 6:10 p.m. at JMU and will conclude at 1:00 a.m.- at. JMU on weekdays and S:00 a.m. at JMU on Fridays and Saturdays. Buses will operate until 2:00 a.m. during exam periods. (Routes and schedules attached)

Sunday Shuttle Transit Service. Sunday shuttle transit service designed to operate specifically for JMU Will begin -9:00 a.m, at JMU. and will conclude at 6:00 p,m. at JMU (Routes and schedules attached)

Cost and Remuneration: The City agrees to provide the bus service described above with SO-passenger (or larger) buses for the contractual period. Charges for each type of service for the contractual period are provided below:

Standard Transit Service $ 65, 550. 00 Evening-Weekend Shuttle Transit Service 26,450.00 Sunday Shuttle Transit Service 5,550.00

Total $ 97,500. 00 For the service as described, JMU agrees to pay the City ninety-seven thousand,

five hundred dollars ($97,500.00) for the contractual period. Termination of the service at the end of the first semester will result in a prorated payment to the City of forty-eight thousand, seven-hundred fifty dollars- ($48, 750. 00). Payment will be made in four (4) equal sums on or before November 1, 1986: January 1, 1987; March 1, 1987 and'May 1, 1987.

Charter Service -will be available in addition to the services and costs described, based upon the following fee schedule:

SO passenger transit diesels - $0.80 per mile 45 passenger Blue-Bird All American - $0.80 per mile 45 passenger school buses - $0. 70 per mile 20 passenger bus - $0.70 per mile 15 passenger van - $0.60 per mile $ 6, 00 per hour wait time

All transit service in town will be charged at the rate of $20 per hour. The City agrees -o save and hold harmless JMU and the Virginia Department of

Highways & Transportation from any and all claims arising out of the transport of JMU students and emrployees by the City Transit Service.

The City agrees to give first and full consideration to emrploying JMU bus drivers, should additional drivers be required by the City.

William F. Merck, II Marvin B. Milam Vice-President for City Manager Business Affairs City of Harrisonburg, Va.

James Madison University On motion of Council Meraber Shank, seconded by Coxmcil Member Robinson, and a unanimous vote of Council, the Agreanent was approved, with authorization f o r the C i t y Manager to sign same on behalf of the C i t y of Harrisonburg.

113 • ^ Attorney James Sipe presented, f o r Council's consideration of approval, a Resolution f o r

issuance of revenue bonds i n amount not to exceed $13,100,000 by the Harrisonburg Redevelopment & Housing Authority, f o r Dimension-Amberton Associates, LTD, f o r construction of 190 l i v i n g lonits i n Prince William County, V i r g i n i a . He raninded Council that the project had been processed over a year ago, and bonds not issued, to date. Under Section 103(k) of the Internal Revenue Code of 1954, a requiranent i s set out for a second public hearing to be held, and the entire process for issuance to be repeated. Attorney Sipe presented the following documents, r e l a t i n g to the issue: report of public hearing; copy of Notice; F i s c a l Impact Statement and C e r t i f i e d Copy of Resolution adopted by the Housing Authority's Board of Commissioners. On motion of Vice-Mayor Dingledine, seconded by Council Manber Robinson, and a imanimous recorded vote of Council, the following Resolution was approved:

WHEREAS, the Harrisonburg Redevelopment & Housing Authority (the "Authority") has held a public hearing on May 21, 1986, regarding the issuance of its revenue bonds in an amount not to exceed $ IS,100,000 (the "Bonds") to assist Dimension-Amberton Associates, LTD, a Texas limited partnership (the "Developer"), in finan­cing the acquisition and construction of a multi-family apartment project of approxi­mately 190 units (the "Project") to be located in Prince William County, Virginia; and

WHEREAS, the Authority has recommended that the City Council of the City of Harrisonburg, Virginia (the "City Council"), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"); and ' /

WHEREAS, a copy of the Authority's resolutions recommending such approval by the City Council and approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal imxpact statement" with ' respect to the Project have been filed with the City Council;

BE IT RESOLVED BI THE CITI COUNCIL OF THE CITI OF HARRISONBURG, VIRGINIA: 1. The City Council approves the issuance of the Bonds by the Authority

for the benefit of the Developer to the extent required by Section 105(k) of the Code to permit the Authority to assist in •the financing of the Project.

2.. The approval of the issuance of the Bonds, as required by Section 105(k) of the Code does not constitute an endorsement of the Bonds or the credit- • worthiness of the Developer, but, as required by Section 36-29 of the Code of Virginia of 1950, as amended, the Bonds shall provide that the Bonds shall not be a debt, of the City of Harrisonburg, the Commonwealth of Virginia or any political subdivision thereof (other than the Authority) and neither the City of Harrisonburg, nor the Commonwealth of Virginia or any political sub­division thereof (other than the Authority) shall be liable thereon, nor in any event shall the Bonds be payable out of any funds or properties other than those of the Authority specifically pledged thereto. The Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation, or restriction.

3. This resolution shall take effect immediately upon its adoption. Clerk

For consideration of a f i r s t reading. C i t y Attorney Lapsley presented an ordinance amending Section 11-1-42 of the Harrisonburg C i t y Code, by adding the following paragraph:

"(c) Itinerant vendors in covered malls may place their merchandist for sale in said malls in corridors or common areas after having made specific arrangements with the mall management; provided, however, the management of said malls shall first have paid a license fee to the city of $1,000.00 annually. Before allowing said itinerant vendor to display merchandise for sale, the management of said malls shall require from each itinerant vendor, certification that said vendor is certified to collect and properly dispose of Virginia State Sales Tax."

City Manager Milam reminded Cbuncil that the matter had been discussed at the March 25th meeting and again on A p r i l 22nd, when the management of Valley Mall agreed to pay $1,000 annually, which would be equivalent to two license taxes for i t i n e r a n t merchants, i n order that space may be made available i n the mall during the year for out-of-town merchants to display and s e l l t h e i r merchandise. On motion of Coimcil Manber Rhodes, seconded by Vice-Mayor Dingledine, and a unanimous recorded vote of ' Council, the ordinance was approved f o r a f i r s t reading.

i-^'Coimcil received the following Planning Commission report from i t s May 21st meeting: , "...The Commissioners studied a proposed Final Plat of Lot-1, Section 1,

Molloy Subdivision. The 1.98 acre tract is located on the southwest side of Pleasant Valley Road where the road curves near Cassco Corporation and Greendale Road. Mr. John Driver reported that H.E.G.. plans to purchase the proposed 1.98 acre tract. It is part of the 20 acre Molloy property. Massanutten Vo-Tech is located 760' west of the 1.98 acre tract. No road construction work or easements are needed.

Mr. Trobaugh moved and Mr. Rhodes seconded his motion that the Commission recommend approval of the Final Plat. All members present voted in favor..."

Planning Director S u l l i v a n c a l l e d attention to the p l a t attached to the report and noted that inasmuch as there are.no easements or road widening involved, the Conmission had no problem i n reconmending approval. Vice-Mayor Dingledine moved that the reconmendation of the Planning Commission be approved, which motion, upon being seconded by Council Member Robinson, was adopted by a imanimous vote of Council.

I / ' '

Planning Director S u l l i v a n referred to a report from the C i t y Planning Conmission which was pre­sented at the May 13th regular meeting of Coimcil, which report included a recommendation f o r the f i n a l plan of Harrington Heights Subdivision, Unit 3, to be approved. Inasmuch as the Ci t y Engineer had expressed a desire to be i n contact with the engineer to investigate layout of streets, etc., p r i o r to signing of a f i n a l document by the Conmission Chairman and Mayor, the matter was tabled, pending c l a r i f i c a t i o n from the C i t y Engineer. Mr. Sul l i v a n informed Coimcil that he had received a note fron City Engineer Wilcos at 4:50 p.m. on the evening of Council's l a s t meeting,. May 27th, s t a t i n g that Unit 3 of Harrington Heights Subdivision was " a l l squared away" and reconmending that i t be brought of f the table, and approved. Mr. Sullivan r e i t e r a t e d the fact that Bfr.Flippo had sutanitted a

114

l e t t e r to the Conmission, stati n g that he w i l l r e s t r i c t the development to single family homes, only. Vice-Mayor Dingledine offered a motion f o r the matter to be removed fron tabled matters, and the reconmendation of the Planning. Carmission, approved. The motion was seconded by Coxmcil Member Ehodes, and adopted by a xjnanimoxis vote of Coxmcil.

i/ A. request was presented frcm the C i t y School Board f o r approval of a transfer of fxmds i n amoxmt of $ 35,000 i n order to cover projected s h o r t f a l l i n appropriation f o r employer's cost of fringe benefits, primarily due to increase i n h o s p i t a l i z a t i o n rates. Vice-Mayor Dingledine offered a motion for the inter-fxmd transfer to be approved, and that:

$ 22,000 trans.from: School Fund (1201-221.00) Instruction- Tuition Pd.Other D i v i s i o n 13,000 trans.from: School Fund (1208-134.01) AdxiLt Ed.-Comp.Inst.Personnel 35,000 trans.to: School Fund (1206-295.00) Fixed Chgs.-Emp.Cont.Frng.Benefits

The motion was seconded by Coxmcil Member Bobinson, and adopted by a imanimous recorded vote of Coxmcil.

Coxmcil received a request from the Transportation Director f o r approval of a supplemental appropriation i n amount of $ 9,000, with fxmds needed to pay operating cost and meet p a y r o l l . I t was noted that the fxmds were derived throxagh sale of vehicles and Workmens' Compensation claims. Coxmcil Member Ehodes moved that the appropriation be approved f o r a f i r s t reading, and that:

$ 9,000 chgd.to: Transportation Fund (4-1901.01) Eecoveries 8i Bebates 1,500 approp.to: Transportation Fund (4-5101.01) E l e c t r i c i t y 7,500 approp.to: Transportation Fund (3-1001.06) Dispatchers

The motion was seconded by Coimcil Meniber Shank, and adopted by a imanimous recorded vote of Council.

The C i t y Manager presented a request frcm the Parks & Becreation Director f o r approval of a supplemental appropriation i n amount of $ 2,220.68 i n order to recover funds f o r insurance reimburse­ment on damaged vehicles and r e n t a l of c i t y owned land. Coimcil Member Bobinson offered a motion f o r the appropriation to be approved f o r a f i r s t reading, and that:

$ 2,220.68 chgd.to: General Fund (1901.01) Eecoveries & Bebates 720.68 approp.to: General Fund (7101-3004.03) Maint. & Bepairs- Auto Equip.

1,500.00 approp.to: General Fund (7101-3004.04) Maint. & Bepairs- Bldgs. 8s Grnds. The motion was seconded by Coimcil Maxiber Shank, and adopted by a unanimous recorded vote of Coxmcil.

C i t y Manager Milam requested approval of a supplemental appropriation i n amount of $ 16,360 i n order to appropriate monies received from Workers' Conpensation Insurance dividend f o r period July 1, 1984 - July 1, 1985, Coimcil Manber Bobinson moved that the appropriation be approved f o r a f i r s t reading, and that:

$ 16,360 chgd,to: General Fund (4101,01) Insurances- Recoveries 8s Bebates 16,360 approp,to: General Fund (9103-5308.01) Insurance 8s Bond Premiums- Gen.Liability

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

k request was presented frcm Police Chief Presgrave f o r approval of a supplemental appropriation i n amount of $ 2,815.61 i n order to return reimbursed expended fxmds and to receive fxmds from bicycle sale. He noted that other than reimbxrrsanents received, the amoxmt includes also sale of xmclaimed bicycles and other supplies. Coxmcil Manber Ehodes offered a motion f o r the appropriation to be approved f o r a f i r s t reading, and that:

$ 2,815.61 chgd.to: General Fxmd (1901.01) Eecoveries 8s Bebates 2,815.61 approp.to: General Fund (3101-5400.01) Other Mat. 8s Supplies

The motion was seconded by Coxmcil Manber Shank, and adopted by a xmanimoxis recorded vote of Coxmcil.

City Manager Milam presented a request from the Transportation Director f o r approval of a supplanental appropriation i n amoxmt of $ 26,627.21 from a Beserve f o r Depreciation Account. He informed Coxmcil that t h i s balance had been i n the Transportation Beserve f o r a nxxmber of years, and i t was f e l t that xise of same may be the easiest way f o r the department's p a y r o l l to be met f o r the remainder of t h i s f i s c a l year. Coxmcil Manber Bobinson moved that the appropriation be approved f o r a f i r s t reading, and that:

$ 26,627.21 chgd,to: Transportation Fxmd - Bes.for Depreciation 20,000,00 approp.to: Transportation Fund (1-3004.05) Maint. 8s Bepairs- Transit Bus 6,627.21 approp.to: Transportation Fund (4-5810.01) Depreciation

The motion was seconded by Coxmcil Member Bhodes, and adopted by a xmanimous recorded vote of Coxmcil.

^ s a res u l t of suggestion at a previous meeting by Council Member Ehodes, for the school owned l o t s on Bruce Street to be sold and placed back on the c i t y ' s tax base. C i t y Manager Milam noted that the School Board was contacted. He presented a resolution, approved and submitted by the Board, transferring t i t l e s to three properties on the south side of West Bruce Street, to the C i t y of Harrisonburg. Manager Milam said he would bring a map to the next meeting on June 24th, and Coimcil could decide how best to proceed with the sales ( i . e . sealed bids, or otherwise).

'^Council Member Bhodes informed Council of a conplaint concerning the 35 mph speed l i m i t on South Avenue. Chief Presgrave was asked to look into the s i t u a t i o n as to the f e a s i b i l i t y of reducing same to 25 nph.

At 9:20 p.m., on motion of Council Manber Ehodes, seconded by Coimcil Manber Shank, and a unanimous vote. Council entered an executive session to discuss personnel and a l e g a l matter.

At 11:20 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

CLERK

. , , , 1X5 Tuesday, June 24, 1986

At a r e g u l a r meeting o f C o u n c i l h e l d i n the C o u n c i l Chamber t h i s evening at 7:30, there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B, Milam; C i t y A t t o m e y N o r v e l l A.Lapsley; C l e r k N. A r l e n e Loker; Vice-Mayor Raymond C. Di n g l e d i n e , J r . ; C o u n c i l Members Elo n W. Ehodes, Thcmas H.Robinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Peterman and Chi e f o f P o l i c e E i c h a r d W. Presgrave. Absent: none.

Minutes o f the r e g u l a r meeting h e l d on June 10th were approved as read.

''^''Through correspondence dated 6/17/86 from Mr. E a r l Fehr, F a c i l i t i e s Engineer of Brockway JIfg. l o c a t e d at 291 W. Wolfe S t r e e t , request was miade f o r the rezoning o f two l o t s owned by the p l a n t , as f o l l o w s : Lot 24 from R-2 R e s i d e n t i a l t o M-1 I n d u s t r i a l ( t o i n c r ease t u r n i n g area f o r t m c k s and inc r e a s e p a r k i n g f o r s h i p p i r g dept.personnel) and Lot 40 frcm R-3 R e s i d e n t i a l t o M-1 I n d u s t r i a l ( f o r o f f i c e employee daytime p a r k i n g ) . I t was noted t h a t the chnages would reduce the need f o r on-street p a r k i n g by employees, and an o f f e r was made t o provide f e n c i n g o r shmbbery along the areas, i f so des i r e d . On motion of Vice-Mayor D i n g l e d i n e , seconded by C o u n c i l Member Bobinson, and a unanimous vote of C o i m c i l , the request was r e f e r r e d t o the C i t y P l a n n i n g Conmission f o r study and recommenda­t i o n .

C i t y Manager Milam presented a Memo from P o l i c e C h i e f Presgrave, a d v i s i n g t h a t s i n c e he had made a study concerning the 35 nph speed l i m i t on South Avenue, on i n s t m c t i o n s o f C i t y C o u n c i l , he would reconmend t h a t the speed l i m i t be reduced t o 25 mph. He noted t h a t South Avenue has become a h i g h l y developed s t r e e t , w i t h a major school c r o s s i n g , and more c o n s t m c t i o n underway. In h i s Memo, the Chi e f p o i n t e d out t h a t o n l f h e speed check which was conducted on 395 v e h i c l e s , an average speed o f 33.7 mph r e s u l t e d , w i t h almost 10% clock e d at 36 mph o r above. C o i m c i l Member Bhodes o f f e r e d a motion f o r the speed l i m i t t o be reduced t o 25 nph on South Avenue, as reconmended by the P o l i c e C h i e f . The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a unanimous vote o f C o u n c i l .

r e p o r t from the Harrisonburg T r a n s p o r t a t i o n S a f e t y Conmission was presented, from i t s meeting h e l d on llay 27th, which i n c l u d e d the f o l l o w i n g motion: " t h a t the speed l i m i t on Pleasant H i l l Boad be reduced t o 25 nph w i t h f o u r s i g n s being a p p r o p r i a t e l y p l a c e d (one each a t the Pear and South Main S t r e e t ends o f the road and two near the middle) and t h a t appropriate s i g n s warning o f t u r n i n g v e h i c l e s be p l a c e d near the apartments a t the c r e s t o f the h o l l . " The matter had been r e f e r r e d t o the Conmission by C o u n c i l a t the r e g u l a r meeting h e l d on May 13th, i n t h a t c o n p l a i n t s concerning the s i t u a t i o n , p a r t i c u l a r l y c a r s backing onto the road from apartments at the top of the h i l l , had been r e g i s t e r e d by the Vice-Mayor. The r e p o r t s e t out statements by C h i e f o f P o l i c e Presgrave, t h a t t i c k e t s have been w r i t t e n f o r speeding, i n t h a t the average speed i s c u r r e n t l y 40-45 nph, w i t h speed l i m i t o f o n l y 35 nph. Accidents on the road have been minimal, and not speed r e l a t e d . On motion o f C o i m c i l Member Rhodes, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote o f C o u n c i l , the recom­mendation o f the Commission was approved.

•-^'^kt 7:50 p.m., llayor Green c l o s e d the r e g u l a r s e s s i o n t e m p o r a r i l y and c a l l e d the f i r s t p u b l i c hearing o f the evening, t o order. C i t y Manager Milam read the f o l l o w i n g N o t i c e of Hearing, a d v e r t i s e d on F r i d a y , June 13th:

"fhe Earrisonburg C-ity Couno-il will hold a Public Hearing on Tuesday, June 24, 1986, at 7:SO p.m., in the Municipal Building, 345 South Main Street, Harrisonburg, Virginia,

The Harrisonburg City Council will receive the views of citizens within the Harrisonburg School District concerning the appointment of two School Board members whose three year terms will commence July 1,

. 1986. Marvin B. Milam, City Manager

Mayor Green c a l l e d on anyone present, d e s i r i n g t o be heard concerning the appointments. There being none, the Hearing was c l o s e d at 7:52 pm and the r e g u l a r s e s s i o n reconvened. I t was noted t h a t appointments would be made, f o l l o w i n g the 7-day w a i t i n g p e r i o d .

llayor Green c a l l e d the evening's second p u b l i c hearing t o order and C i t y Manager Milam fead the f o l l o w i n g N o t i c e as a d v e r t i s e d on June 15th and June 19th:

The Harrisonburg City Council will hold a Public Hearing on Tuesday, June -24, 1986, at 7:30 p.m. in the City Council Chambers, 345 S.Main Street, to consider the following rexoning request:

Martin L. Stroble's request to rezone Lots 29, 30, 31 and SIB from R-2 Residential to B-2 General Business. These vacant lots are located on the northeast comer of Clinton and Madison Streets, and 150'.. west of North Main Street. Purpose: to develop a parking lot to be leased to L.D.Hottle's Heavy Duty Body Shop.

All persons interested will have an opportunity to express their views at this Public Hearing.

CITY OF HARRISONBURG- Marvin B. Milam, City Manager P l a n n i n g D i r e c t o r S u l l i v a n p o i n t e d out l o c a t i o n of the l o t s on a map, and c a l l e d a t t e n t i o n t o the f o l l o w i n g P l a n n i n g Conmission r e p o r t which had been presented t o C o u n c i l a t the May 27th r e g u l a r meeting:

",.Following the public hearing to consider rezoning of vacant lots on • • the northeast corner of Clinton and Madison Streets from R-2 Residential to B-2 General Business, discussion concluded that a parking lot, if adequately screened by shrubbery such as pine trees, would be the best use of the property. Mr. Rhodes stated that he could support the lease agreement (which limits any vehicle to parking on the lot no longer than 60 days) and.'adequate' screening on both Clinton and Madison Street sides. He moved that the- Commission recommend to Council that the Martin Stroble lots be rezoned from R-2 Residential to B-2 General Business. Mr. Heath seconded the motion, which passed unanimously..."

Mr. S u l l i v a n noted t h a t although businesses are i n the area ( i . e , c a r wash, r e s t a u r a n t , e t c ) , the area i n request w i l l extend i n t o the r e s i d e n t i a l p a t t e r n where homes are l o c a t e d on three comers. T h i s s i t u a t i o n prompted the Connission's request f o r screening. He added the f a c t t h a t rezoning of the l o t s would keep v e h i c l e s from p a r k i n g on narrow C l i n t o n S t r e e t , and would a l s o s t r a i g h t e n out the zoning l i n e . Mayor Green c a l l e d on.anyone present d e s i r i n g t o be heard concerning the rezoning

request. C o u n c i l was informed t h a t Blr. S t r o b l e has begun some improvements on the l o t s , w i t h nothing

6bn&, as^yet, w i t h regard t o screening the ai?ea. There., being no othe.rs d e s i r i n g t o be heard, the

p u b l i c hearing was de c l a r e d c l o s e d a t 7:59 pm and the r e g u l a r s e s s i o n reconvened.

^ Mayor Green asked members' wishes concerning the rezoning request o f Mr. S t r o b l e . On motion o f Co u n e i l Member Robinson, seconded by C o u n c i l Member Rhodes, and a unanimous vote o f C o u n c i l , the recommendation o f the P l a n n i n g Conmission f o r rezoning of L o t s 29, 30, 31 and 31B from R-2 Res. t o B-2 General Business, was approved.

" - ^ C i t y Manager Milam presented a proposed ordinance t o i n s t i t u t e permit p a r k i n g from 8 am - 8 pm on both s i d e s o f Beech S t r e e t frcm Grace S t r e e t t o Ohio Avenue, and on both s i d e s of D i x i e Avenue from Chestnut D r i v e t o High S t r e e t . He noted t h a t i n 1971, when the s i t u a t i o n o f students p a r k i n g on r e s i d e n t i a l s t r e e t s was a matter o f concern, former School Superintendent King presented t o the School Board, the f o l l o w i n g requirement t o be made a p a r t o f the school's p o l i c y : " A l l p u p i l s who d r i v e automobiles t o the hig h sehool w i l l park on the p a r k i n g l o t and the p r i n c i p a l w i l l set up, such a d m i n i s t r a t i v e procedures t o ensure t h a t t h i s i s done." The statement was approved, and set out i n the p o l i c y under S e c t i o n 11-9. Manager Milam presented a p e t i t i o n , r e c e i v e d today, signed by 25 pro p e r t y owners, s t a t i n g as f o l l o w s : "We, the undersigned p r o p e r t y owners, r e s p e c t f u l l y request t h a t the C i t y o f Harrisonburg p r o v i d e permit p a r k i n g from the hours of 8 am t o 8 pm on both asides o f Beech S t r e e t from Grace S t r e e t t o Ohio Avenue and on both s i d e s of D i x i e Avenue f r o n High S t r e e t t o Chestnut D r i v e . We understand t h a t t h ere w i l l be an annual fee of $2.00 per household and th a t guests w i l l have t o d i s p l a y a guest p a r k i n g c a r d p rovided by the householder. We are w i l l i n g t o abide by these r e g u l a t i o n s . " Manager Milam s a i d he had r e c e i v e d a conment frcm lb:. L a r r y Hoover, t h a t the ordinance was not q i r i t e borad enough, i n t h a t Grace S t r e e t was not in c l u d e d , although t h i s was suggested at the June 10th meeting when the matter was discussed. Mrs. Marie Garnett expressed appre­c i a t i o n f o r C o u n c i l ' s e f f o r t s i n s t r i v i n g t o r e l i e v e the s i t u a t i o n , and asked t h a t Grace S t r e e t frcm High t o Beech S t r e e t s be i n c l u d e d i n the permit p a r k i n g . F o l l o w i n g d i s c u s s i o n , Vice-Mayor D i n g l e d i n e o f f e r e d a motion f o r the ordinance amending Sec. 13-1-60,01 be approved f o r a f i r s t reading, as amended t o i n c l u d e both s i d e s of Grace S t r e e t f r o n Chestnut D r i v e t o High S t r e e t , and r e f e r r e d back t o the C i t y Attorney t o be redrawn. The motion was seconded by C o u n c i l Member Robinson and adopted by a unaninous recorded vote of C o u n c i l .

•'^For c o n s i d e r a t i o n of second & f i n a l reading, an ordinance was presented, amending See. 13-1-42 by adding paragraph (c) p r o v i d i n g f o r an a n n m l I t i n e r a n t Merchants' L i c e n s e f e e of $ 1,000 t o be p a i d by the management of a covered miall. Conmissioner o f Revenue Smith s a i d he had cheeked w i t h other m a l l s , and found t h a t most have an I t i n e r a n t Merchants' License f e e . Although the c i t y may be l o s i n g one vendor under the ordinance, i t can be assured t h a t those s e l l i n g merchandise w i t h i n V a l l e y M a l l , w i l l be paying s a l e s t a x . The m a l l management w i l l be r e s p o n s i b l e f o r checking i n t o , and n o t i f y i n g the Tax Department of I t i n e r a n t Merchants, i n order t h a t they may have same r e g i s t e r e d f o r t a x a t i o n . Mr. Smith reconmended t h a t the ordinance i n c l u d e a p r o v i s i o n t h a t t h i s l i c e n s e would not be subject t o p r o - r a t i o n o r t r a n s f e r . When Mayor Green asked i f t h i s would mean t h a t t a x would be returned here, Mr. Smith r e p l i e d t h a t the C i t y of Harrisonburg would be e n t i t l e d f o r r e t u r n o f the tax, back t o the c i t y , and t h a t the ordinance a p p l i e s t o covered m a l l s , o n l y . C o u n c i l Member Rhodes o f f e r e d a motion f o r the ordinance, as amended t o i n c l u d e the Commissioner's reconmendation, be approved f o r second & f i n a l reading, w i t h same r e f e r r e d back t o the C i t y Attorney f o r the added p r o v i s i o n . The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous recorded vote o f C o u n c i l . (Ord. Bk L page 69).

^'^City Manager Milam presented, f o r c o n s i d e r a t i o n o f second & f i n a l r e ading, an ordinance f o r the c l o s i n g o f a 15' a l l e y , requested by JM Apartments (Jim Monger). He c a l l e d a t t e n t i o n t o the a l l e y d e s c r i p t i o n , and noted t h a t a check had been r e c e i v e d f r o n }Jtr. Monger i n amount of $ 2,879.79, based on an average cost o f 62<^ per square f o o t , f o r the t o t a l 4,620 square f e e t . On motion o f Vice-Mayor Ding l e d i n e , seconded by Co-uneil Member Robinson, and a unanimous recorded vote o f C o u n c i l , the ordinanee was approved f o r f i n a l reading, (a f i r s t r eading having been approved on 4/8/86), w i t h a u t h o r i z a t i o n f o r the Mayor t o s i g n the ordinance and the C l e r k t o a t t e s t same and spread upon the pages o f the C i t y ' s Ordinanee Book. (Ord. Bk L page 70).

"^^Ith regard t o t h i s evening's agenda item 9A, C i t y llanager Milam presented a w r i t t e n request from Mr. C r a i g Moore, t o withdraw h i s request f o r rezoning the l o t on the southeast corner o f Campbell and Main S t r e e t s from R-3 t o B-2, The request f o r withdrawal, was accepted.

The f o l l o w i n g P l a n n i n g Conmission r e p o r t from i t s June 18th meeting, was presented and read: "...Parks & Reareat-ion Diveotov G-iVkerson dis-played a •preliminary site plan

of an •18-hoZe golf course., proposed for the IZO-acve City owned park land on Smithland Road. Mr. Gilkerson reported that the Parks & Recreation Commission endorsed the project on June 16th, and he hopes the City will develop the golf course when financially feasible. Be asked the Planning Commission for its blessing. While he doesn't have money in his budget for the project, Mr. Gilkerson said City employees could start hauling fill dirt to- the site now, as Mr. Bill Beff has offered it to the City.

The Commissioners, having read a feasibility study from Ault, Clark & Associates, . golf course architects from Wheaton, Maryland, noted that more information may be

helpful before a decision is made. Mr. John Driver, representing Lakeview Golf Course, said his group (Lakeview) doesn't oppose a municipal golf course, if it will be self-supporting. He asked the Commissioners to table the matter until a 'true feasibility study' is made... Chairman Enedy asked the Commissioners to approach the concept from a philosophical viewpoint. Mr. Trobaugh stated he felt the City has 'in concept' supported development of a golf course on this site or other sites for 'some time. '

Mr. Trobaugh then moved that the Commission approve the concept of developing a municipal golf course on the ISO-acre Smithland Road park site, subject to further information and feasibility study. Mr. Hughes seconded the motion. Voting in favor: Trobaugh, Hughes, Heath, Milam. Voting against: Enedy. Abstaining: Rhodes..."

Mayor Green noted t h a t C o u n c i l has asked f o r a f e a s i b i l i t y study t o be made w i t h regard t o the proposed venture, and i s not ready a t t h i s time f o r any a c t i o n , other than t o accept the r e p o r t o f the P l a n n i n g Conmission. On motion o f Counei l Member Shank, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote o f C o i m c i l , the r e p o r t was accepted f o r i n f o r m a t i o n .

i ^ - ^ u n c i l r e c e i v e d the f o l l o w i n g P l a n n i n g Commission r e p o r t frcm i t s June 18th meeting: "...A plat drawn by Surveyor Hal Benner, dated June 11, 1986 and showing

117 V-vVl-tam Skelton '-'S: proposed 2-r-lot subdipision, waa studied by the Corrmissionevs., Thei. D-irectov explained that the Gity has requested Mr. . Skelton to dedicate right-of-way, measured 25' from the center line of Ramblewood Road. However, road improvements or-curb or gutter will not be required because of his location, over a mile from paved road or City utilities. Previous reviews of this matter had resulted in delaying a ' decision due to inadequate platting and field work. A letter from Mr. Skelton expressed his willingness to give the extra right-of-way, but he asked the City to pay for the• survey and deed preparation costs. Mr. Milam concurred in this request. Mr. Hughes then moved and Mr, Heath seconded his motion, that the Commission recommend approval of the 2-lot William Skelton Subdivision, All members present voted in favor,.,"

P l a n n i n g D i r e c t o r S u l l i v a n p o i n t e d out the f a c t t h a t the p l a t was redrawn a couple o f times and the su b d i v i d e r i s now i n a p o s i t i o n t o develop the propert y i n t o two l o t s , w i t h two d w e l l i n g s . A mobile home i s l o c a t e d on the curve and a s i n g l e f a m i l y home i s on Lot 1. The propert y has t o be re-surveyed. Mr. S k e l t o n has agreed t o g i v e the C i t y a 25' right-of-way from the center l i n e , when l o c a t i o n i s determined. Mr. S u l l i v a n s a i d t h a t a second s u b d i v i s i o n on the other s i d e of the road, w i t h the same request f o r a 25' right-of-way, would r e s u l t i n a 50' right-of-way. He s a i d t h a t the P l a n n i n g Commis­s i o n f e l t t h a t the right-of-way i n f o r m a t i o n , survey work,, and Mr. Skelton's r i g h t response, was a sound b a s i s f o r i t s reconmendation f o r approval. C o u n c i l Member Ehodes o f f e r e d a motion f o r the recom­mendation o f the P l a n n i n g Conmission t o be approved. The motion was seconded by C o u n c i l Member Bobinson, and adopted by a unanimous vote of C o u n c i l .

The f o l l o w i n g P l a n n i n g Conmission r e p o r t , frcm i t s J m e 18th meeting, was presented: ".,,Surveyor J. R, Copper reported to the Commissioners that Section 2

of Tower Heights Subdivision will add eleventmnhouse lots along the west side of Tower Street, They will be an addition to the seven townhouse lots approved in April in Section 1, He added that the construction plans were_ reviewed and approved for the entire layout when Section 1 was presented. Water and sewer lines are in Tower Street, which will be improved by the City since it had existed as a dedicated street prior to current subdivision regulations becoming effective,

Mr, Heath moved and Mr, Trobaugh seconded the motion that the Conmission recommend approval of --the Final Plat for Section 2, Tower Heights Subdivision. All members present, voted in favor.,,"

P l a n n i n g D i r e c t o r S u l l i v a n p o i n t e d out l o c a t i o n o f the s u b d i v i s i o n on a map, i n the northeast s e c t i o n of the C i t y , near the C i t y ' s E e s e r v o i r s . Vice-Mayor D i n g l e d i n e moved th a t the reconmendation of the Pla n n i n g Conmission be approved. The motion was seconded by C o m c i l Member Shank, and adopted by a maninous vote o f C o m c i l .

"^Qoymcxl. r e c e i v e d the f o l l o w i n g P l a n n i n g C a i m i s s i o n r e p o r t frcm i t s J m e 18th meeting: "...Attomey Steve Weaver explained the background of problems involving

four existing townhouses on Lots 7, 7A, 7B and 7C in Hillandale Subdivision, Section 1, Block A, The common walls were not placed on the property lines, and the front .section is off by 2' up bo 4,5'. In order to have clear title, Mr. Weaver requested the Commission to recommend vacaging the original lot lines and approve the resubdivision as drawn on June 6, 1986 by Surveyor Robert Jellum.

Mr. Trobaugh moved and Mr. Hughes seconded his motion, that the Commission recommend approval of vacating existing lot lines, resubdividing Lots 7, 7A, 7B and 7C, and granting a front yard setback variance of 2' up to 4,5', All members present voted in favor,..."

F o l l o w i n g a b r i e f d i s c u s s i o n , and on motion o f C o m c i l Member Bobinson, seconded by C o m c i l Member Rhodes, and a manimous vote o f C o m c i l , the reconmendation o f the P l a m i n g Ccmmission was approved.

"^^k P l a m i n g Conmission r e p o r t , from i t s J m e 18th meeting, was presented as f o l l o w s : ",..The Commissioners studied a plat drawn by Surveyor Hal Benner, showing

a 140- square foot strip of land to be sold by Robert M. Reedy to Mark A.Burmeister. Mr. Burmeister desires to build a garage on the north side of his home at 839 Lee Avenue and he needs the extra land, which Mr. Reedy has agreed to sell. Mr, Byrd reported that the Board of Zoning Appeals has granted Mr. Burmeister a setback variance for his garage.

Mr. Trobaugh. moved and Mr. Hughes seconded his motion, - that the Commission recommend, approval of the resubdivision of Lots 55 & 56 in Section 4, Holiday Hills Subdivision. All members present voted in favor..."

P l a m i n g D i r e c t o r S u l l i v a n c a l l e d a t t e n t i o n t o the attached p l a t , n o t i n g t h i s l o c a t i o n i n r e l a t i o n t o the e n t i r e neighborhood. C o m c i l Member Shank moved t h a t the reconmendation o f the C i t y P l a m i n g Conmission be approved. The motion was seconded by C o m c i l Member Bhodes, and adopted by a manimous vote o f C o m c i l .

A Pl a n n i n g Conmission r e p o r t , from i t s J m e 18th meeting, was presented: "...Surveyor J.R.Copper told the Commissioners that Softcloth Car Wash plans

to purchase a 1,57 acre parcel from Parkcrest Land Trust, located on the southeast side of N.Main Street and adjacent to a Seven-Eleven Store and Standard Parts, Inc. Utilities are available in Eorth Main Street and curb and gutter exists on Main Street. An overall layout of 18 lots for 'Northfield Commercial' Subdivision was shown, and this request combines 2 lots into one. A future public street may be established on the upper side of Proposed Lot 1, by Parkcrest Land Trust, according to the preliminary site plan. Mr. Sullivan noted that this site plan was reviewed by. the Commission, in August 1985, when Parkcrest Land Trust, wanted approval for two • lots fronting E. Washington Street. The owners were reminded that they will be re­sponsible for building and dedicating the street which runs from E.Washington to North Main Streets.

Mr, Trobaugh •concluded the discussion with a motion for the Commission to recommend approval of Lot 1, Section 1, Northfield Commercial Subdivision. Mr. Heath seconded the motion which passed unanimously..."

P l a m i n g D i r e c t o r S u l l i v a n c a l l e d a t t e n t i o n t o the attached p l a t , as w e l l as a map r e l a t i n g l o c a t i o n o f the p a r c e l t o North Main S t r e e t . He r e i t e r a t e d the f a c t t h a t the request i s f o r approval o f the one l o t which has water and sewer a v a i l a b l e . C o m c i l Member Bhodes o f f e r e d a motion f o r the recommen­d a t i o n o f the Pla n n i n g Conmission t o be approved. The n o t i o n was seconded by C o m c i l Member Robinson

and adopted by a -unanimous vote of C o u n c i l .

- - X i t y Manager Milami presented' the f o l l o w i n g P l a n n i n g Commission r e p o r t frcm i t s June 18th meeting: "...The Cormissi-oners were shovM' a site plan and architect's sketch

of a proposed 30,000 square foot daw office building for Wharton, Aldhizer, Weaver Law Firm, to be built' at 100 South Mason Street and on the north side •of Newman Avenue. The Director noted that the site is zoned B-2 General Business and two existing 'apartment houses plus rented parking spaces will be renived. Also, the proposed plan will be reviewed by the Board of Zoning Appeals on July 14, 1986 due to setback problems on the east Water Street side and off-street parking requirements. City Staff doesn't feel East Water Street needs to'be widened, but curb and gutter on East Water Street should be required to control storm water run-off.

Mr. Eughes -moved for the Commission to recommend approval of the site plan for the proposed Wharton, Aldhizer and Weaver Law Office, with curb and gutter on the East Water Street side of the- site. Mr. Ehodes seconded the motion whieh passed unanimously..."

P l a n n i n g D i r e c t o r S u l l i v a n presented a sketch of the proposed o f f i c e b u i l d i n g and proposed p a r k i n g area, n o t i n g t h a t the f r e e p a r k i n g on Water S t r e e t may be l o s t , w i t h t h i s development. C o u n c i l Moiiber Robinson moved t h a t the reconmendation o f the Pl a n n i n g Conmission be approved. The motion was- seconded by Co-uncil Member Rhodes, and adopted by a -unanimous vote of C o u n c i l .

The f o l l o w i n g C i t y P l a n n i n g Conmission r e p o r t , from i t s June 18th meeting, was presented: "... The Commissioners reviewed a proposed layout for two 6-unit apartment

buildings, to be built by Jim Monger on an acre of land north of West Grattan Street. Mr. J.R.Copper showed a revised site plan which reflects City Staff's request for a second entrance-exit to the site. The first entrance is off West Grattan Street, between two existing apartment structures, while the second will come off an alley which runs from West Grattan to Lewis Street. A total • of 42 off-street parking spaces are on the plan, 13 of which serve an existing 8-unit apartment building on West Grattan. A 15' paper alley crossing the site will have to be closed before the project can be constructed.

Mr. Rhodes moved and Mr. Eughes seconded his motion that the Commission recommend approval of the Monger Apartment site plan. The motion passed unanimous ly..."

P l a n n i n g D i r e c t o r S u l l i v a n presented a p l a t showing l o c a t i o n of the proposed development i n r e l a t i o n t o L i b e r t y S t r e e t , Grattan S t r e e t and the r a i l r o a d t r a c k s . He noted t h a t inasmuch as the 15' a l l e y has now been o f f i c i a l l y c l o s e d , w i t h second reading o f an ordinance e a r l i e r i n t h i s meeting, and pro p e r t y f e e p a i d by Mr. Monger, he can now proceed -with t h i s type of arrangement, as set out i n the r e p o r t , i f so approved. On motion o f C o u n c i l Member Shank, seconded by C o u n c i l Member Rhodes, and a unanimous vote o f C o u n c i l , the recommendation o f the Pla n n i n g Conmission -was approved.

i>^ice-Mayor D i n g l e d i n e s-uggested t h a t inasmuch as Mr. H a l F i n l a y s o n ' s term on the Community C o r r e c t i o n s Board ( D i v e r s i o n a r y Program) w i l l e x p i r e as of June 30th, t h i s be l i s t e d as an agenda i t s n f o r an appointment of a r e p r e s e n t a t i v e o f Harrisonburg, t o be considered.

C o u n c i l Manber Robinson moved t h a t a supplanental a p p r o p r i a t i o n i n amount o f $ 9,000, requested by the Tr a n s p o r t a t i o n D i r e c t o r , i n order t o pay operating cost and meet p a y r o l l , be approved f o r second & f i n a l reading^ a f i r s t reading having been approved on Jiine 10th, and t h a t :

$ 9,000 chgd.to: T r a n s p o r t a t i o n Fund (4-1901.01) Recoveries & Rebates 1,500 approp.to: T r a n s p o r t a t i o n Fund (4-5101.01) E l e c t r i c i t y 7,500 approp.to: T r a n s p o r t a t i o n Fund (3-1001.06) Dispatchers

The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a unanimous recorded vote o f C o u n c i l .

'' Vice-Mayor D i n g l e d i n e moved t h a t a supplemental a p p r o p r i a t i o n i n amount o f $ 2,220.68, requested by the Parks & Re c r e a t i o n D i r e c t o r i n order t o recover funds f o r insurance reimbursement on damaged v e h i c l e s and r e n t a l o f c i t y owned land, be approved f o r second & f i n a l reading, a f i r s t reading having been approved on J-une 10th, and t h a t :

$2,220.68 chgd.to: General Fund (1901.01) Recoveries & Rebates 720.68 approp.to: General Fund (7101-3004.03) Maint. & Rep.-Auto Equip.

1,500.00 approp.to: General Fund (7101-3004.04) Maint. & Rep.- Bldgs. & Grnds. The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous recorded vote of C o u n c i l .

C o u n c i l Member Robinson moved t h a t a supplemental a p p r o p r i a t i o n i n amount of $ 16,360 t o appro­p r i a t e Workers' Compensation Insurance dividends, be approved f o r second Ss f i n a l reading, a f i r s t r e ading having been approved on June 10th, and t h a t :

$ 16,360 chgd.to: General Fund (4101.01) Recoveries & Rebates 16,360 approp.to: General Fund (9103-5308.01) Ins. & Bond Premium- Gen.Liab.

The motion was seconded by C o u n c i l Manber Rhodes, and adopted by a unanimous recorded vote o f C o u n c i l .

• ^ ^ o u n c i l Manber Rhodes moved t h a t a supplanental a p p r o p r i a t i o n i n amount of $ 26,627.21,requested by the T r a n s p o r t a t i o n D i r e c t o r i n order t o use funds i n a Reserve Account t o meet the p a y r o l l f o r the remainder o f the cirrrent f i s c a l year, be approved f o r second & f i n a l reading, a f i r s t r eading having been approved on June 10th, and t h a t :

$ 26,627.21 chgd.to: T r a n s p o r t a t i o n Fund - Res.for D e p r e c i a t i o n 20,000.00 approp.to: T r a n s p o r t a t i o n Fund (1-3004.05) Maint. 8s-Rep.-Transit Bus 6,627.21 approp.to: T r a n s p o r t a t i o n Fund (4-5810.01) D e p r e c i a t i o n

The motion was seconded by Co-uncil Member Shank, and adopted by a unanimous recorded vote of C o u n c i l .

C o u n c i l Manber Shank moved th a t a supplemental a p p r o p r i a t i o n i n amount o f $ 2,815.61, requested by the P o l i c e C h i e f i n order t o ref-um reimbursed expended f-unds and t o r e c e i v e funds from s a l e o f imclaimed b i c y c l e s , and other s u p p l i e s , be approved f o r second Ss f i n a l r e ading, a f i r s t reading having been approved on June 10th, and t h a t :

$ 2,815.61 chgd.to: General Fund (1901.01) Recoveries Ss Rebates 2,815.61 approp.to: General Fund (3101-5400.01) Other Mat. Ss Supplies

The motion was seconded by Vice-Mayor D i n g l e d i n e , and. adopted by a unanimous recorded vote o f C o u n c i l ,

119 C i t y Manager Milam raninded C o u n c i l t h a t the School Board had turned over t o the C i t y , p r o p e r t i e s

which had been purchased by the C i t y on the south s i d e o f West Bruce S t r e e t a number of years ago, under a p l a n t o a c q u i r e a l l a v a i l a b l e p r o p e r t i e s on t h a t s i d e o f the s t r e e t f o r use by the Schools. He c a l l e d a t t e n t i o n t o a miap s e t t i n g out l o c a t i o n o f Lot s 10-11-12, and noted t h a t inasmuch as the Lineweaver Land has been purchased as the s i t e of a middle sc h o o l , the Bruce S t r e e t l o t s are no longer needed, and can be s o l d and pl a c e d back on the C i t y ' s t a x base. He asked Councik's guidance w i t h regard t o s a l e o f the p r o p e r t i e s , i n s o f a r as s e a l e d b i d s , o r otherwise. Mayor Green noted t h a t some o f the b a s e b a l l people, as w e l l as seme county people, have expressed r e s e r v a t i o n s concerning s a l e of thC/properties, because o f the area being used f o r p a r k i n g f o r games, e t c . I t was agreed t h a t the matter be d e f e r r e d i m t i l the next r e g u l a r meeting, and the C i t y Manager was asked t o make some con t a c t s t o determine p a r k i n g needs.

C o u n c i l was raninded t h a t the l e a s e on qua r t e r s i n the Sipe House (301 S.Main S t . ) , occupied by the Harrisonburg/Rockingham H i s t o r i c a l S o c i e t y , e x p i r e s as o f June 30th, -which l e a s e has been renewed on a year-by-year b a s i s . Vice-Mayor Din g l e d i n e s a i d he had been i n contact w i t h the S o c i e t y and was informed t h a t the o r g a n i z a t i o n may be moving t o a new l o c a t i o n i n two years, A d e s i r e has been expressed f o r the l e a s e t o be renewed a t l e a s t f o r the next couple of years f o r -use o f the present space. C i t y Manager Milam noted t h a t a s i z a b l e amount of money has been spent i n r e p a i r s t o the property which houses the H i s t o r i c a l S o c i e t y i n the f r o n t p o r t i o n of the f i r s t f l o o r , and the second f l o o r . The F i r e C h i e f ' s A d m i n i s t r a t i v e O f f i c e s are l o c a t e d on the ground f l o o r . Vice-Mayor Din g l e d i n e moved t h a t the le a s e f o r Harrisonburg/Rockingham H i s t o r i c a l S o c i e t y be renewed f o r one year, e x p i r i n g J-une 30, 1987. The motion -was seconded by C o u n c i l Manber Rhodes, and adopted by a unanimous vote o f C o u n c i l .

C i t y Manager Milam r e p o r t e d t h a t s e a l e d b i d s f o r c i t y insurance, f o r p e r i o d 7/1/86 - 7/1/87, were opened i n h i s o f f i c e on the 23rd day of June, 1986, at 11:00 a.m. The b i d o f f e r had s o l i c i t e d f o r : Workers' Conpensation; Fleet-Auto L i a b i l i t y ; Comprehensive General L i a b i l i t y ; F i r e Insurance; Contractor's Equipment; Computer Insurance; Money h S e c u r i t i e s - Broad Form; U n b r e l l a Excess L i a b i l i t y ; Honesty Blanket Bond and He a l t h Care. B i d s were r e c e i v e d , as f o l l o w s :

Shomo & Lineweaver Insurance Co. - The T r a v e l e r s Insurance Co. Proposal No. 1

F i r e Insurance, C o n t r a c t o r ' s Equipment, HEC - Conputer, Money Secm-ities, Automobile L i a b i l i t y & P h y s i c a l , and Conprehensive General L i a b i l i t y (based on $1 m i l l i o n )

Estimated Annual Premium, payable i n 10 monthly i n s t a l l m e n t s $329,756

(E x c l u s i o n s : Law Enforcement A c t i v i t i e s ; A t h l e t i c P a r t i ­c i p a n t s , P o l l u t i o n & Volunteer Firanen)

Proposal No. 2

F i r e , C o n t r a c t o r ' s Equipment, Conputer Insurance, Money & S e c i i r i t i e s - Broad Form

Estimated Annual Pranium, payable i n 10 monthly i n s t a l l m e n t s $ 65,655

V i r g i n i a M u n i c i p a l L i a b i l i t y P o o l (VD.IL) Based on $1 m i l l i o n CSL:

Auto L i a b i l i t y - t o t a l c o n t r i b u t i o n $107,993 General L i a b i l i t y - t o t a l c o n t r i b u t i o n $154,957

p l u s 40% s u r p l u s c o n t r i b u t i o n f o r Auto L i a b i l i t y $ 43,197 40% s u r p l u s c o n t r i b u t i o n f o r General L i a b i l i t y $ 61,863

T o t a l C o n t r i b u t i o n $368,010

Based on $2 m i l l i o n CSL: Automobile L i a b i l i t y $152,030 General L i a b i l i t y $228,557

No b i d s r e c e i v e d f o r Honesty Blanket Bond o r U n b r e l l a Excess L i a b i l i t y .

Shomo & Lineweaver Insurance Agency ( T r a v e l e r s ) Workers' Conpensation - t o t a l pranium f o r 1986-87 $211,902. Long Term D i s a b i l i t y @ $ 9.77 per anployee, unchanged from current year.

Blue Cross/Blue S h i e l d o f V i r g i n i a

Current F u l l S e r v i c e B e n e f i t s w i t h Dental - e f f e c t i v e no l a t e r than 7/1/86

Employee o n l y $ 50.53 Enployee and one minor 73.96 Employee and f a m i l y 155.79 Carve-out 29.34

(Right t o r e v i s e p r o p o s a l i f i n f o r m a t i o n changes) Mr. Joe Morton, r e p r e s e n t i n g Shomo 8s Lineweaver Insurance Agency, and J l r . Bryan Yoho, r e p r e s e n t i n g the V i r g i n i a M u n i c i p a l L i a b i l i t y P o o l , were present, t o d i s c u s s the b i d s and answer any questions C o u n c i l may have. Manager MLlam noted t h a t based on a thorough review o f a l l i n f o i m a t i o n , he would reconmend as f o l l o w s : t h a t the C i t y continue w i t h c u r r e n t coverage f o r Worker's Conpensation (1986-87) w i t h A l e x s i s R i s k Management S e r v i c e s ( t o t a l premitm, $ 163,546); t o enter the Program m d e r the V i r g i n i a M u n i c i p a l S elf-Insurance A s s o c i a t i o n f o r A u t o n o b i l e L i a b i l i t y and General L i a b i l i t y , based on $1 m i l l i o n CSL w i t h t o t a l c o n t r i b u t i o n of $ 368.010 p l u s $100 membership fee; t o accept Proposal No. 2 submitted by Shomo 8s Lineweaver ( T r a v e l e r s ) w i t h t o t a l pranium o f $ 65,544; and t o accept b i d of Blue Cross/Blue S h i e l d o f V i r g i n i a f o r H e a l t h Care at r a t e s submitted. F o l l o w i n g d i s c u s s i o n , Vice-Mayor D i n g l e d i n e o f f e r e d a motion f o r the f o l l o w i n g proposed r e s o l u t i o n , as presented and read by the C i t y Blanager, t o be approved, which motion upon being seconded by C o u n c i l llember Rhodes, was adopted by a imanimous vote o f C o u n c i l .

WEEREAS, the City of Eccrrisonburg wishes to join with other •politiodl subdivisions to establish the Virginia Muniaipal Self-Insurance Association to create pools to jointly and cooperatively self-insure and to pool the separate risks and liabilities of the individual members pursuant to the

120-terms of Chapter 11.1 of Title 15.1 of the Code of Virginia; and

WHEREASj through suoh Association, the City of Harrisonburg wishes to join with other political subdivisions to 'create the Virginia Municipal Liability Fool' whereby members can jointly pool funds to provide the necessary anticipated financing for comprehensive general liability, auto­mobile liability, and automobile physical damage; and

WHEREAS, such Pool must be, and is anticipated to be, licensed by the Bureau of Insurance of the State Corporation Co-rmission prior to operating; and,

WHEREAS, the anticipated responsibilities of' the members of the Pool and the amount and terms of the coverage to be provided are set forth in the Member Agreement which is attached hereto;

HOW, TEEREFORE, BE IT RESOLVED, by the City Council of the City- of Harrisonburg, in a meeting assembled on the Mth day of June, 1986:

1. The City of Harrisonburg certifies its .intention to become a member of such Pool for three 'years beginning July 1, 1986 or as soon thereafter as the Pool becomes operational-

2. Such membership is contingent upon: a. Certification of the Pool by the Commission b. Final approval by the Associations' members' Supervisory Board,

of the Member Agreement attached hereto and of the membership of the City of Harrisonburg.

c. Payment of $ 368.010 for the first year contribution to the Pool pursuant to the quotation submitted to the City of Harrisonburg or such final amount as mutwxlly agreed upon by the member and the Association or their respective designees.

3. It is recognized that members of the Pool may be required to pay addi­tional assessments to the Pool and that in the event the Pool is in a deficit position which is not corrected, a member will be liable for any and all unpaid claims .against such member.

4. City Manager Marvin B. Milam is authorized to do all things necessary to enable the City of Harrisonburg to become a member of the Association and the Pool, including, but not limited to execution of the Member Agreement.

APPROVED this 24th day of June 1986-. C o u n c i l Member Shank o f f e r e d a motion f o r the d r a f t o f Membership Agreement t o be approved, which i n c l u d e s payment of $100 menbership f e e . The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous vote of C o u n c i l . A miotion was then o f f e r e d by Vice-Mayor D i n g l e d i n e f o r recommendations o f the C i t y Manager, w i t h regard t o acceptance o f b i d by Shono & Lineweaver f o r Proposal No. 2; continued coverage w i t h A l e x s i s R i s k Managanent S e r v i c e s f o r Workers' Compensation; and b i d of Blue Cross/Blue S h i e l d o f V i r g i n i a f o r H e a l t h Care, t o be approved. The motion was seconded by C o u n c i l Manber Shank, and adopted by a unanimous vote of C o u n c i l .

ry' Attorney Holmes H a r r i s o n asked f o r some time w i t h members of C o i m c i l t o d i s c u s s how the C i t y intends t o operate o r de a l w i t h the cab l e f r a n c h i s e p r o p o s a l , frcm t h i s p o i n t forward.

At 10:10 p.m., on motion o f C o u n c i l Member Rhodes, seconded by C o u n c i l Manber Shank, and a imani­mous vote, C o i m c i l entered an executive s e s s i o n t o d i s c u s s l e g a l matters.

At 11:59 p.m., on motion d u l y adopted, the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n idjoumed. reconvened. There being no f u r t h e r business, the meeting was adjoumed.

CLERK JMYOR^

Tuesday, J u l y 1, 1986

At a R e o r g a n i z a t i o n a l Meeting h e l d i n the C o u n c i l Chamber today a t 10:00 am there were present: Mayor Walter F. Green,. 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney N o r v e l l A. Lapsley; C l e r k N. Arlene Loker; Vice-Mayor Raymond C. Din g l e d i n e , J r . ; C o i m c i l Manbers El o n W. Ehodes, Thomas H.Robinson, I I ; C i t y A u d i t o r P h i l i p L. Peterman and Chief of P o l i c e R i c h a r d W. Presgrave. Absent: C o i m c i l Manber Charles L. Shank.

The f o l l o w i n g S p e c i a l Meeting C a l l , signed by a l l present, was presented: An emergency existing, there will be a special meeting of the City Council,

called by the Mayor, to be held in the Council Chamber on Tuesday,' July 1, 1986 at 10:00 a.m. (Reference Sec. 42 City Charter), to consider the following matters and take necessary action thereon:

1. Call to order 2. Oath prescribed by Law, Sec. 42 of the City Charter (by Court Clerk)

Dr. Walter F. Green, 3rd, Dr. Charles L. Shank 3. Re-organization of City Council:

a. Election of MAJOR, 2 year term Section 7 City Charter b. Election of VICE-MAYOR,. 2 year term Section 7 City Charter c. Appoint CITY MANAGER, Sections 37 & 38 City Charter d. Appoint CITY CLERK, City Code Section 3-3-1 e. Appoint CITY ATTORNEY, City Code Section 3-2-1 f. Appoint CITY AUDITOR, City Code Section 4-1-51 g. Designate DEPUTY CITY AUDITOR, City Code Section 4-1-52 h. Appoint COLLECTOR OF DELINQUENT TAXES, City Code Section 4-1-41 i. Appoint one member of Council to Planning Commission, City Code

Section 10-1-2(c) 4. Other matters

The C l e r k r e p o r t e d t h a t she was i n r e c e i p t of Oaths of O f f i c e , d u l y taken by Walter F. Green, 3rd and Charles L. Shank, and p l a c e d on f i l e . Both were returned t o C o u n c i l f o r f o u r year terms i n the May 1986 e l e c t i o n . C o u n c i l Member Green s a i d arrangements have been miade, through the C l e r k ' s O f f i c e , Court House, f o r Oaths t o be administered i n the f u t u r e , f o r members of the Goveming Body, i n the

120 terms of Chapter 11.1 of Title 15.1 of the Code of Virginia; and

WHEBEASj through such Association:, the City of - Harrisonburg wishes to join with other political subdivisions to create the Virginia Municipal Liability Toot whereby members can jointly pool funds to provide the necessary anticipated financing for comprehensive -general l-lability, auto­mobile liability, and automobile physical damage; and

WHEREAS, such Pool must be, and is anticipated to be, licensed by the Bureau of Insurance of the State Corporation Commission'prior to operating; and,

WHEREAS, the anticipated responsibilities of the members of the Pool and the amount and terms of the coverage to be provided are set forth in the Member Agreement which is attached hereto;

NOW, TEEREFORE, BE IT RESOLVED, by the City Council of the City- of Earrisonburg, in a meeting assembled on the 24th day of June, 1986:

1. The City of Harrisonburg certifies its .intention to become a member of such Pool for three years beginning July 1, 1986 or as soon thereafter as the Pool becomes operational

2. Such membership is contingent upon: a. Certification of the Pool by the Commission b. Final approval by the Associations-' members ' Supervisory Board,

of the Member Agreement attached hereto and of the.membership of the City of Harrisonburg. - -

c. Payment of $ 568.010 for the first- year contribution to the Pool pursuant to the quotation submitted to the City of Earrisonburg or such final amount as mutually agreed upon by the member and the Association or their respective designees.

5. It is recognized that members of the Pool may be required to pay addi­tional assessments to the Pool and that in the event the Pool is in a deficit position which is not corrected, a mernber will be liable for any and all unpaid claims .against such member.

4. City Manager Marvin B. Milam is authorized to do all things necessary to enable the City of Harrisonburg to become a member of the Association and the Pool; including, but not limited to execution of the Member Agreement.

APPROVED this 24th day of June 1986. C o u n c i l Member Shank o f f e r e d a motion f o r the d r a f t o f Membership Agreanent.to be approved, which i n c l u d e s payment of $100 monbership f e e . The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous vote of C o u n c i l . A motion was then o f f e r e d by Vice-Mayor D i n g l e d i n e f o r recommendations o f the C i t y Manager, w i t h regard t o acceptance o f b i d by Shcmo &s Lineweaver f o r Prop o s a l No. 2; continued coverage w i t h A l e x s i s R i s k Management S e r v i c e s f o r Workers' Compensation; and b i d o f Blue Cross/Blue S h i e l d o f V i r g i n i a f o r Health Care, t o be approved. The motion was seconded by C o u n c i l Member Shank, and adopted by a imanimous vote of C o i m c i l .

ly' Attorney Holmes H a r r i s o n asked f o r some time w i t h members of C o u n c i l t o d i s c u s s how the C i t y intends t o operate o r deal w i t h the cable f r a n c h i s e p r o p o s a l , frcm t h i s p o i n t forward.

At 10:10 p.m., on motion o f C o i m c i l Member Ehodes, seconded by C o u n c i l Member Shank, and a unani­mous vote, C o u n c i l entered an executive s e s s i o n t o d i s c u s s l e g a l matters.

At 11:59 p.m., on motion d u l y adopted, the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n reconvened. There being no f u r t h e r business, the meeting was adjoumed.

MAYOR CLERK MYOR<

Tuesday, J u l y 1, 1986

At a R e o r g a n i z a t i o n a l Meeting h e l d i n the C o u n c i l Chamber today at 10:00 am there were present: Mayor Walter F. Green,- 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney N o r v e l l A. Lapsley; C l e r k N. Arlene Loker; Vice-Mayor Raymond C. Di n g l e d i n e , J r . ; C o i m c i l Manbers E l o n W. Ehodes, Thomas H.Robinson, I I ; C i t y A u d i t o r P h i l i p L. Peterman and Chief o f P o l i c e R i c h a r d W. Presgrave. Absent: C o u n c i l Manber Charles L. Shank.

The f o l l o w i n g S p e c i a l Meeting C a l l , signed by a l l present, was presented: An emergency existing, there will be a special meeting of the City Council,

called by the Mayor, to be held in the Council Chamber on Tuesday,' July 1, 1986 at 10:00 a.m. (Reference Sec. 42 City Charter), to consider the following matters and take necessary action thereon:

1. Call to order 2. Oath prescribed by Law, Sec. 42 of the City Charter (by Court Clerk)

Dr. Walter F. Green, 3rd, Dr. Charles L. Shank 3. Re-organization of City Council:

a. Election of MAJOR, 2 year term Section 7 City Charter b. Election of VICE-MAJOR,. 2 year term Section 7 City Charter c. Appoint CITJ MANAGER, Sections 37 & 38 City Charter d. Appoint CITJ CLERK, City Code Section 3-3-1 e. Appoint CITJ ATTORNEJ, City Code Section 3-2-1 f. Appoint CITJ AUDITOR, City Code Section 4-1-51 g. Designate DEPUTJ CITJ AUDITOR, City Code Section 4-1-52 h. Appoint COLLECTOR OF DELINQUENT TAXES, City Code Section 4-1-41 i. Appoint one member of Council to Planning Commission, City Code

Section 10-1-2(c) 4. Other matters

The C l e r k r e p o r t e d t h a t she was i n r e c e i p t o f Oaths of O f f i c e , d u l y taken by Walter F. Green, 3rd and Charles L. Shank, and pl a c e d on f i l e . Both were returned t o C o u n c i l f o r f o u r year terms i n the May 1986 e l e c t i o n . C o i m c i l Member Green s a i d arranganents have been made, through the C l e r k ' s O f f i c e , Court House, f o r Oaths t o be administered i n the f u t u r e , f o r members of the Goveming Body, i n the

, ^ ^ 121, QlitcQ oX C x t y Clerk., r a t h e r than at the Court Hoys.e.

Under Item 3 o f today's agenda, "Re-organization of C i t y Coxmcil ( s e c t i o n s a through 1),the f o l l o w i n g a c t i o n s were taken:

C i t y Manager Milam e n t e r t a i n e d a nomination f o r Mayor of the C i t y of Harrisonburg. C o u n c i l Member Di n g l e d i n e s a i d he was p r i v i l e g e d t o nominate Dr. Walter P. Green, 3rd, f o r r e - e l e c t i o n as Mayor of the C i t y of Harrisonburg f o r a 2-year teim e x p i r i n g 6/30/88, under S e c t i o n 7 of the C i t y Charter. The motion was seconded by C o u n c i l Member Robinson, and adopted by a m a j o r i t y vote of C o u n c i l Members present. Dr. Green, a b s t a i n i n g .

Mayor Green expressed a p p r e c i a t i o n f o r the support of manbers i n h i s r e - e l e c t i o n , and proceeded t o p r e s i d e over the ranainder of the meeting.

'"^Council Member Robinson moved t h a t Dr. Raymond C. D i n g l e d i n e , J r . be r e - e l e c t e d t o serve as Vice-Mayor of the C i t y of Harrisonburg f o r a term of two years, e x p i r i n g 6/30/88, under S e c t i o n 7 o f the C i t y Charter. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a m a j o r i t y vote o f C o u n c i l Members present. Dr, D i n g l e d i n e , a b s t a i n i n g .

C o u n c i l Member Rhodes p r a i s e d Marvin B. Milam f o r h i s e x c e l l e n t performance as C i t y Manager f o r the C i t y of, Harrisonburg, and c o n t r a r y t o the u s u a l 2 year appointment, o f f e r e d a motion t h a t he be reappointed f o r a term of foixr (4) years, e x p i r i n g 6/30/90. The motion was seconded by Vice-Mayor Di n g l e d i n e , and adopted by a unanimous vote of C o u n c i l Members present,

i-'- Qn motion of Vice-Mayor D i n g l e d i n e , seconded by C o u n c i l Member Robinson, and a unanimous vote of C o u n c i l Members present, lirs. N. A r l e n e Loker was reappointed as C i t y C l e r k f o r a term of two years e x p i r i n g 6/30/,88.

Mayor Green r e p o r t e d t h a t C i t y A t t o m e y Lapsley had s u b n i t t e d a l e t t e r , r e q u e s t i n g t h a t he not be considered f o r reappointment, due t o h i s p r i v a t e law p r a c t i c e consuming much of h i s time, as w e l l as o t h e r a c t i v i t i e s . He has consented, however, on request, t o continue s e r v i n g i n t h a t c a p a c i t y u n t i l such time as a s u i t a b l e replacement i s made. The Mayor noted t h a t lir. Lapsley has had experience i n working w i t h the C i t y f o r the past twelve years, and i s aware of changes i n the V i r g i n i a Law t h a t a f f e c t the C i t y of Harrisonburg,

On motion o f C o u n c i l Member Robinson, aeconded by C o u n c i l Member Rhodes, and a unanimous vote of C o u n c i l Members present, Mr. P h i l i p L. Peterman was reappointed t o serve as C i t y A u d i t o r f o r a term of two years, e x p i r i n g 6/30/88.

^ Based on a recommendation by the C i t y A u d i t o r , C o u n c i l Member Robinson o f f e r e d a motion f o r J l r s . G l o r i a O l i v a s t o be designated t o continue s e r v i n g as Deputy C i t y A u d i t o r . The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a unanimous vote of C o u n c i l Menibers present.

• ^ C o u n c i l was reminded t h a t the present two year term,of Delinquent Tax C o l l e c t o r , h e l d by C i t y Treasurer B e v e r l y S. M i l l e r , w i l l e x p i r e as o f December 31st of t h i s year. C o u n c i l Manber Rhodes moved th a t Mrs, M i l l e r be reappointed t o serve as Delinquent Tax C o l l e c t o r f o r the C i t y of Harrisonburg, beginning 12/31/86 and e x p i r i n g 12/31/88. The motion was seconded by Vice-Mayor Dingle d i n e , and adopted by a unanimous vote of C o u n c i l Members present.

Vice-Mayor Din g l e d i n e s t a t e d t h a t i n view of the f i n e job C o u n c i l Member Rhodes has done i n r e p r e s e n t i n g Coxmcil on the C i t y P l a n n i n g Commission, he would o f f e r a motion f o r Mr. Rhodes to continue s e r v i n g i n t h a t c a p a c i t y . The motion was seconded by Coxmcil Manber Robinson, and adopted by a m a j o r i t y vote of Coxmcil Manbers present. Mr, Rhodes a b s t a i n i n g .

There being no fxxrther business, and on motion of C o i m c i l Member Rhodes, seconded by Vice-Mayor Dingle d i n e , and a xmanimous vote of Coxmcil, the meeting was adjoxxrned at 10:21 a.m.

CLERK M ^

Tuesday, J u l y 8, 1986

At a r e g u l a r meeting of Coxmci|)l h e l d i n the C o u n c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. M i l a n ; C i t y A t t o m e y N o r v e l l A.Lapsley; C l e r k N. A r l e n e Loker; Vice-Mayor Raymond C. D i n g l e d i n e , J r . ; C o u n c i l Members E l o n W, Rhodes, Thonas H. Robinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Peterman and C h i e f o f P o l i c e R i c h a r d W. Presgrave. Absent: none.

Minutes of the r e g u l a r meeting h e l d on Jxme 24th were approved as c o r r e c t e d ; minutes of the JxxLy 1st Re-organization Meeting, approved as read.

The f o l l o w i n g r e g u l a r monthly r e p o r t s were presented and ordered f i l e d : From the C i t y Manager:

A r e p o r t of a c t i v i t i e s i n the v a r i o u s departments and s a i d o f f i c e f o r the month of June, 1986, ^ From the C i t y Treasurer:

A t r i a l balance r e p o r t as of c l o s e of business on June 30, 1986. From the P o l i c e Department:

A r e p o r t of cash c o l l e c t e d f r o n s t r e e t p a r k i n g meters, $ 6,713.59; Fi n e s & Costs, $ 2,026.55 f o r month of June, 1986. From the C i t y A u d i t o r :

A r e p o r t of cash discoxmts saved i n payment of vendor's i n v o i c e s f o r month of June, 1986, t o t a l i n g $ 235.39. Fron the Department of U t i l i t y B i l l i n g :

A r e p o r t of water, sewer & r e f u s e accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, e t c . f o r month of June, 1986.

: 121, QtXtcQ oX City- C l e r k , r a t h e r than a t the Court HoTjs.e.

Under I t o n 3 o f today's agenda, "Re-organization of C i t y C o u n c i l ( s e c t i o n s a through l ^ , t h e f o l l o w i n g a c t i o n s were taken:

^' C i t y Manager Milam e n t e r t a i n e d a nomination f o r lilayor of the C i t y of Harrisonburg. C o u n c i l Member Di n g l e d i n e s a i d he was p r i v i l e g e d t o nominate Dr. Walter E. Green, 3rd, f o r r e - e l e c t i o n as Mayor of the C i t y of Harrisonburg f o r a 2-year term e x p i r i n g 6/30/88, under S e c t i o n 7 of the C i t y Charter. The motion was seconded by C o i m c i l Member Robinson, and adopted by a m a j o r i t y vote of C o u n c i l Members present. Dr. Green, a b s t a i n i n g .

]yfe.yor Green expressed a p p r e c i a t i o n f o r the support of manbers i n h i s r e - e l e c t i o n , and proceeded t o p r e s i d e over the remainder of the meeting.

C o i m c i l Member Robinson moved t h a t Dr. Raymond C. D i n g l e d i n e , J r , be r e - e l e c t e d t o serve as Vice-J/Iayor of the C i t y of Harrisonburg f o r a term o f two years, e x p i r i n g 6/30/88, under S e c t i o n 7 o f the C i t y Charter. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a m a j o r i t y vote o f C o u n c i l Members present. Dr. D i n g l e d i n e , a b s t a i n i n g .

C o u n c i l Member Rhodes p r a i s e d Marvin B. Milam f o r h i s e x c e l l e n t performance as C i t y Manager f o r the C i t y of, Harrisonburg, and c o n t r a r y t o the u s u a l 2 year appointment, o f f e r e d a motion t h a t he be reappointed f o r a term of f o u r (4) years, e x p i r i n g 6/30/90, The motion was seconded by Vice-Mayor Di n g l e d i n e , and adopted by a unanimous vote of C o u n c i l Members present.

i-' 'Qn motion of Vice-Mayor D i n g l e d i n e , seconded by C o u n c i l Member Robinson, and a unanimous vote of C o u n c i l Members present, Mrs, N. A r l e n e Loker was reappointed as C i t y C l e r k f o r a term of two years e x p i r i n g 6/30/,88.

Mayor Green r e p o r t e d t h a t C i t y A t t o m e y Lapsley had. s u b n i t t e d a l e t t e r , r e q u e s t i n g t h a t he not be considered f o r reappointment, due t o h i s p r i v a t e law p r a c t i c e consuming much of h i s time, as w e l l as o t h e r a c t i v i t i e s . He has consented, however, on request, t o continue s e r v i n g i n t h a t c a p a c i t y u n t i l such time as a s u i t a b l e replacement i s made. The Mayor noted t h a t Mr. Lapsley has had experience i n working w i t h the C i t y f o r the past twelve years, and i s aware of changes i n the V i r g i n i a Law t h a t a f f e c t the C i t y of Harrisonburg.

'''''On motion o f C o i m c i l Member Robinson, aeconded by C o u n c i l Member Rhodes, and a unanimous vote of C o u n c i l Members present, Mr. P h i l i p L. Peterman was reappointed t o serve as C i t y A u d i t o r f o r a term of two years, e x p i r i n g 6/30/88,

Based on a reconmendation by the C i t y A u d i t o r , C o u n c i l Member Robinson o f f e r e d a motion f o r Mrs. G l o r i a O l i v a s t o be designated t o continue s e r v i n g as Deputy C i t y A u d i t o r . The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a imanimous vote of C o u n c i l Members present,

' ^ C o u n c i l was reminded t h a t the present two year term o f Delinquent Tax C o l l e c t o r , h e l d by C i t y Treasurer B e v e r l y S. M i l l e r , w i l l e x p i r e as o f Decanber 31st of t h i s year. C o u n c i l Manber Rhodes moved t h a t Mrs. M i l l e r be reappointed t o serve as Delinquent Tax C o l l e c t o r f o r the C i t y of Harrisonburg, beginning 12/31/86 and e x p i r i n g 12/31/88. The motion was seconded by Vice-Mayor Di n g l e d i n e , and adopted by a imanimous vote of C o i m c i l Manbers present.

Vice-Mayor Din g l e d i n e s t a t e d t h a t i n view of the f i n e job C o u n c i l Member Rhodes has done i n r e p r e s e n t i n g C o u n c i l on the C i t y P l a n n i n g Conmission, he would o f f e r a motion f o r Mr. Rhodes t o continue s e r v i n g i n t h a t c a p a c i t y . The miotion was seconded by C o u n c i l Member Robinson, and adopted by a m a j o r i t y vote of C o u n c i l Members present. l!bc. Rhodes a b s t a i n i n g .

There being no f u r t h e r business, and on motion of C o u n c i l Member Rhodes, seconded by Vice-Mayor Dingledine, and a imanimous vote of C o u n c i l , the meeting was adjourned at 10:21 a.m.

CLERK

Tuesday, J u l y 8, 1986

At a r e g u l a r meeting of C o u n c i l h e l d i n the C o u n c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B, Milam; C i t y Attorney N o r v e l l A,Lapsley; C l e r k N. A r l e n e Loker; Vice-Mayor Raymond C. D i n g l e d i n e , J r . ; C o i m c i l Members El o n W. Rhodes, Thonas H. Robinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Peterman and C h i e f of P o l i c e R i c h a r d W, Presgrave. Absent: none.

Minutes of the r e g u l a r meeting h e l d on June 24th were approved as c o r r e c t e d ; minutes of the J u l y 1st Re-organization Meeting, approved as read.

The f o l l o w i n g r e g u l a r monthly r e p o r t s were presented and ordered f i l e d : From the C i t y Manager:

A r e p o r t of a c t i v i t i e s i n the v a r i o u s departments and s a i d o f f i c e f o r the month of June, 1986, ' From the C i t y Treasurer:

A t r i a l balance r e p o r t as of c l o s e of business on June 30, 1986. From the P o l i c e Department:

A r e p o r t of cash c o l l e c t e d frcm s t r e e t p a r k i n g meters, $ 6,713,59; Fi n e s & Costs, $ 2,026,55 f o r month of June, 1986. From the C i t y A u d i t o r :

A r e p o r t of cash discounts saved i n payment of vendor's i n v o i c e s f o r month of June, 1986, t o t a l i n g $ 235.39. From the Department of U t i l i t y B i l l i n g :

A r e p o r t of water, sewer & r e f u s e accounts; meters read;' i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, e t c . f o r month of June, 1986.

^ Ii.tr. Eobert Wetsel, Chairman of the S a l v a t i o n Army Advisory Board, was present i n the meeting, as a follow-up of h i s l e t t e r o f 7/3/86, along w i t h the new Conrnanding O f f i c e r , Bruce W i l l i a m s , and a r e p r e s e n t a t i o n of Board Members. He p o i n t e d out l o c a t i o n of the new Army Headquarters on Ashby Ave., p r e s e n t l y under c o n s t r u c t i o n , i n r e l a t i o n t o f o u r c i t y owned l o t s on the northeast s i d e of Monroe S t r e e t , and made request t o l e a s e the l o t s f o r r e c r e a t i o n a l purposes, at a nominal f e e . Mr. Wetsel s a i d water and sewer i s a v a i l a b l e , and the Army d e s i r e s t o help b e a u t i f y the C i t y and o f f e r some r e c r e a t i o n a l a c t i v i t i e s . The area, w i t h v a r i o u s t j p e s of r e c r e a t i o n a l equipment and p i c n i c t a b l e s , would be mowed and maintained by the S a l v a t i o n Army. Mayor Green s a i d he c o i i l d see no reason why some arrangonent c o u l d not be worked out, and C i t y Manager Milam o f f e r e d an o p i n i o n t h a t w i t h the p r i o r c l o s i n g of a p o r t i o n of Monroe S t r e e t , i t would be a good i d e a f o r the area t o be used, and t h a t i t would be more economical t o l e a s e the l o t s f o r a nominal fee. F o l l o w i n g d i s c u s s i o n and on motion of C o u n c i l Member Robinson, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote of C o i m c i l , the request f o r use o f the c i t y owned l o t s by the S a l v a t i o n Army was approved, and the C i t y A t t o m e y i n s t m c t e d t o prepare a l e a s e agreement between the C i t y of Harrisonburg and the S a l v a t i o n Army,, s e t t i n g out a nominal f e e .

C i t y Manager Milam presented correspondence of 7/2/86, addressed t o the Mayor, frcm Mr. J . R. Copper, Land Surveyor, on b e h a l f of Mr. Bernard B o l t , requesting v a c a t i o n of a s t r e e t and rezoning of 0.78 acres of l a n d on Country Club Road and Country Club Court, from R-1 R e s i d e n t i a l t o R-3 R e s i ­d e n t i a l . On motion of C o i m c i l Member Rhodes, seconded by C o i m c i l Member Robinson, and a unanimous vote of C o i m c i l , the request and attached p l a t were r e f e r r e d t o the C i t y P l a n n i n g Commission f o r review and r e p o r t .

1/ For c o n s i d e r a t i o n of a second & f i n a l reading, an ordinance amending S e c t i o n 13-1-60.01 o f the Harrisonburg C i t y Code was presented, t o i n s t i t u t e permit p a r k i n g from 8 am t o 8 pm on both s i d e s of Beech S t r e e t from Grace S t r e e t t o Ohio Avenue, both s i d e s of D i x i e Avenue from Chestnut D r i v e to High S t r e e t and both s i d e s of Grace S t r e e t from Chestnut D r i v e t o High S t r e e t . On motion of Vice-Mayor Dingledine, seconded by C o i m c i l Member Robinson, and a unanimous recorded vote o f C o i m c i l , the ordinance was approved f o r second & f i n a l reading, w i t h a u t h o r i z a t i o n f o r the Mayor t o s i g n the ordinance and the C l e r k t o a t t e s t same and spread upon the pages of the C i t y ' s Ordinance Book. (Ord. Bk L, page 71)

I t was agreed t h a t appointments t o v a r i o u s Boards & Commissions would be considered a t the next r e g u l a r meeting on J u l y 22nd.

C i t y Manager Milam presented the f o l l o w i n g r e p o r t s submitted by B e v e r l y S. M i l l e r , C i t y Treasurer: Delinquent taxes at c l o s e of f i s c a l year ending 6/30/86:

1982 P e r s o n a l P r o p e r t y $ 4,367,71 P r i o r t o 1982 - Real E s t a t e 11,830.08 1983 P e r s o n a l P r o p e r t y 5,066.11 1983 Real E s t a t e 14,410.92 1984 P e r s o n a l Property 7,041.41 1984 Real E s t a t e 27,597.29

A r e v i s e d l i s t o f delinquent taxes on Tangible P e r s o n a l P r o p e r t y f o r year 1984 as r e q u i r e d by Chapter 20, Sec. 58-978 of the Tax Code of V i r g i n i a .

A l i s t of delinquent taxes on Real E s t a t e and Tangible P e r s o n a l P r o p e r t y f o r the year 1985 as r e q u i r e d by Chapter 20, Sec. 58-978 of the Tax Code of V i r g i n i a , and A r t i c l e 9, Sec.4-1-28 of the C i t y Code.

C o i m c i l Manber Rhodes o f f e r e d a motion f o r C o u n c i l t o accept the r e p o r t s , which motion upon being seconded by C o i m c i l Manber Shank, was adopted by a imanimous vote of C o u n c i l ,

At 8:15 p.m., on motion of C o i m c i l Member Rhodes, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote, C o i m c i l entered an executive s e s s i o n t o d i s c u s s r e a l e s t a t e and personnel.

At 10:43 p.m., on motion of C o i m c i l Member Rhodes, seconded by C o i m c i l Member Robinson, and a imanimous vote of C o i m c i l , the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n reconvened. There being no f u r t h e r business, the meeting was adjoumed.

CLERK

Tuesday, J u l y 22, 1986

At a r e g u l a r meeting of C o u n c i l h e l d i n the C o u n c i l Chamber t h i s evening a t 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y A t t o m e y N o r v e l l A. L a p s l e y ; C l e r k N. Arlene Loker; Vice-Mayor Raymond C. D i n g l e d i n e , J r . ; C o u n c i l Manbers E l o n W. Rhodes, Thomas H. Robinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Poterman. Absent: P o l i c e Chief R i c h a r d W, Presgrave, ( s i t t i n g i n f o r the C h i e f , Captain S t r o b l e ) ,

Minutes of the r e g u l a r meeting h e l d on J u l y 8th, approved as read,

Ms, Diane Gray, D i r e c t o r of the Ganeinshaft Heme, introduced a r e p r e s e n t a t i o n o f Board Members, a l s o present i n the meeting. She re p o r t e d t h a t the Home, s i t u a t e at 1431 M t . C l i n t o n P i k e , i s a p r i v a t e , n o n - p r o f i t home, designed t o p r o v i d e a C h r i s t i a n d i s c i p l i n e d and supportive environment f o r people from our conmunity, r e t u r n i n g from, o r being d i v e r t e d from p r i s o n . The Home, s t a f f e d by f o u r i n d i v i d u a l s , w i t h acconmodations f o r 8 t o 10 r e s i d e n t s , i s operated by r u l e s and r e g u l a t i o n s , w i t h c o u n s e l l i n g provided f o r the r e s i d e n t s , and a s s i s t a n c e i n employment placanent. I n d i v i d u a l s who have committed any v i o l e n t crime, are not accepted i n the Hone, and the average proposed time of residency i s 3 t o 6 months. A screening committee determine the s t a t u s of those who have r e s i d e d i n the Heme, Funding i s through r e s i d e n t s ' anployment earnings, as w e l l as pledges and c o n t r i b u t i o n s , w i t h no l o c a l funds i n v o l v e d . Mayor Green expressed a p p r e c i a t i o n f o r the r e p o r t .

Mr. James Barnes of 315 N. Dogwood D r i v e , appeared before C o i m c i l t o r e p o r t conceming problems whieh e x i s t at 536 Green S t r e e t and 5364 Green St . , s i t u a t e i n the r e a r . The property, rented by the Fred Knights, p r e s e n t l y has a number of occupants, i n c l u d i n g c h i l d r e n and dogs. Neighbors i n the

^ Jtr. Eobert Wetsel, Chairman of the S a l v a t i o n Army Advisor y Board, was present i n the meeting, as a follow-up of h i s l e t t e r o f 7/3/86, along w i t h the new Commanding O f f i c e r , Bruce W i l l i a m s , and a r e p r e s e n t a t i o n of Board Members. He p o i n t e d out l o c a t i o n of the new Amy Headquarters on Ashby Ave., p r e s e n t l y imder c o n s t r u c t i o n , i n r e l a t i o n t o f o u r c i t y owned l o t s on the northeast s i d e of Monroe S t r e e t , and made request t o l e a s e the l o t s f o r r e c r e a t i o n a l purposes, a t a nominal f e e . Mr. Wetsel s a i d water and sewer i s a v a i l a b l e , and the Army d e s i r e s t o help b e a u t i f y the C i t y and. o f f e r some r e c r e a t i o n a l a c t i v i t i e s . The area, w i t h v a r i o u s types of r e c r e a t i o n a l equipment and p i c n i c t a b l e s , would be mowed and maintained by the S a l v a t i o n Army. Mayor Green s a i d he c o u l d see no reason why some arrangement c o u l d not be worked out, and C i t y Manager Milam o f f e r e d an o p i n i o n t h a t w i t h the p r i o r c l o s i n g of a p o r t i o n of Monroe S t r e e t , i t would be a good i d e a f o r the area t o be used, and t h a t i t woidd be more economical t o l e a s e the l o t s f o r a nominal fee. F o l l o w i n g d i s c u s s i o n and on motion of C o u n c i l Member Eobinson, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote of C o u n c i l , the request f o r use of the c i t y owned l o t s by the S a l v a t i o n Army was approved, and the C i t y Attorney i n s t r u c t e d t o prepare a l e a s e agreement between the C i t y of Harrisonburg and the S a l v a t i o n Army,, s e t t i n g out a nominal f e e .

'- C i t y Manager Milam presented correspondence of 7/2/86, addressed t o the Mayor, frcm Mr, J . R. Copper, Land Sxirveyor, on b e h a l f of Mr, Bernard B o l t , requesting v a c a t i o n of a s t r e e t and r e z o n i n g o f 0.78 acres of l a n d on Country Club Eoad and Country Club Court, from E-1 R e s i d e n t i a l t o E-3 E e s i -d e n t i a l . On motion of C o u n c i l Manber Ehodes, seconded by C o u n c i l Member Robinson, and a unanimous vote o f C o u n c i l , the request and attached p l a t were r e f e r r e d t o the C i t y P l a n n i n g Commission f o r review and r e p o r t .

//^For c o n s i d e r a t i o n of a second & f i n a l reading, an ordinance amending S e c t i o n 13-1-60.01 o f the Harrisonbirrg C i t y Code was presented, t o i n s t i t u t e permit p a r k i n g from 8 am t o 8 pm on both s i d e s of Beech S t r e e t from Grace S t r e e t t o Ohio Avenue, both s i d e s of D i x i e Avenue from Chestnut D r i v e t o High S t r e e t and both s i d e s of Grace S t r e e t from Chestnut D r i v e t o High S t r e e t . On motion of Vice-Mayor Dingl e d i n e , seconded by C o u n c i l Manber Eobinson, and a unanimous recorded vote o f C o u n c i l , the ordinance was approved f o r second & f i n a l reading, w i t h a u t h o r i z a t i o n f o r the Mayor t o s i g n the ordinance and the C l e r k t o a t t e s t same and spread upon the pages of the C i t y ' s Ordinance Book, (Ord. Bk L, page 71)

I t was agreed t h a t appointments t o v a r i o u s Boards & Conmissions would be considered a t the next r e g u l a r meeting on J u l y 22nd.

C i t y Manager Milam presented the f o l l o w i n g r e p o r t s submitted by B e v e r l y S. M i l l e r , C i t y Treasurer: Delinquent taxes at c l o s e of f i s c a l year ending 6/30/86:

1982 P e r s o n a l P r o p e r t y $ 4,367.71 P r i o r t o 1982 - E e a l E s t a t e 11,830.08 1983 P e r s o n a l P r o p e r t y 5,066.11 1983 E e a l E s t a t e 14,410.92 1984 P e r s o n a l P r o p e r t y 7,041,41 1984 E e a l E s t a t e 27,597.29

A r e v i s e d l i s t o f delinquent taxes on Tangible P e r s o n a l Property f o r year 1984 as r e q u i r e d by Chapter 20, Sec. 58-978 of the Tax Code of V i r g i n i a .

A l i s t of delinquent taxes on Real E s t a t e and Tangible P e r s o n a l Property f o r the year 1985 as r e q u i r e d by Chapter 20, Sec. 58-978 of the Tax Code of V i r g i n i a , and A r t i c l e 9, Sec.4-1-28 of the C i t y Code.

C o u n c i l Manber Ehodes o f f e r e d a motion f o r C o u n c i l t o accept the r e p o r t s , which motion upon being seconded by C o u n c i l Member Shank, was adopted by a unanimous vote of C o u n c i l .

At 8:15 p.m., on motion of C o u n c i l Member Ehodes, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote. C o u n c i l entered an executive s e s s i o n t o d i s c u s s r e a l e s t a t e and personnel.

At 10:43 p,m,, on motion of C o u n c i l Member Ehodes, seconded by C o u n c i l Member Eobinson, and a unanimous vote of C o u n c i l , the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n reconvened. There being no f u r t h e r business, the meeting was adjoumed.

CLJEEK

Tuesday, J u l y 22, 1986

At a r e g u l a r meeting of C o i m c i l h e l d i n the C o u n c i l Chamber t h i s evening a t 7:30 there were present: Mayor Walter F, Green, 3rd; C i t y Manager Marvin B. Milam; C i t y A t t o m e y N o r v e l l A, L a p s l e y ; C l e r k N. Arlene Loker; Vice-Mayor Eaymond C, D i n g l e d i n e , J r , ; C o i m c i l Members Elon W, Ehodes, Thomas H, Robinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Peterman, Absent: P o l i c e Chief R i c h a r d W. Presgrave. ( s i t t i n g i n f o r the C h i e f , Captain S t r o b l e ) .

Minutes of the r e g u l a r meeting h e l d on J u l y 8th, approved as read.

Ms. Diane Gray, D i r e c t o r of the Gemeinshaft Heme, introduced a r e p r e s e n t a t i o n o f Board Manbers, a l s o present i n the meeting. She r e p o r t e d t h a t the Hone, s i t u a t e at 1431 M t . C l i n t o n P i k e , i s a p r i v a t e , n o n - p r o f i t home, designed t o p r o v i d e a C h r i s t i a n d i s c i p l i n e d and supportive environment f o r people from our conmunity, r e t u r n i n g from, o r being d i v e r t e d from p r i s o n . The Home, s t a f f e d by f o u r i n d i v i d u a l s , w i t h acconmodations f o r 8 t o 10 r e s i d e n t s , i s operated by r u l e s and r e g u l a t i o n s , w i t h c o u n s e l l i n g provided f o r the r e s i d e n t s , and a s s i s t a n c e i n employment placanent. I n d i v i d u a l s who have conmitted any v i o l e n t crime, are not accepted i n the Hone, and the average proposed time of residency i s 3 t o 6 months. A screening committee determine the s t a t u s of those who have r e s i d e d i n the Hone. Funding i s through r e s i d e n t s ' anployment eamings, as w e l l as pledges and c o n t r i b u t i o n s , w i t h no l o c a l funds i n v o l v e d . Mayor Green expressed a p p r e c i a t i o n f o r the r e p o r t .

^ Mr. James Barnes of 315 N. Dogwood D r i v e , appeared before C o i m c i l t o r e p o r t conceming problems which e x i s t at 536 Green S t r e e t and 536i Green S t . , s i t u a t e i n the r e a r . The property, rented by the Fred Knights, p r e s e n t l y has a number of occupants, i n c l u d i n g c h i l d r e n and dogs. Neighbors i n the

^ ^ 123 v i c i n i t y a re plagued d a i l y w i t h loud music, c u r s i n g , f i g h t i n g and the b a r k i n g o f dogs, a t a l l hours. Constant c a l l s t o the p o l i c e are answered, w i t h some a r r e s t s made, a f t e r which the disturbances always continue as before. Jtr. Don Cook o f 311 N. Dogwood D r i v e , s u b s t a n t i a t e d the remarks and asked f o r some r e l i e f , other than c a l l s t o the p o l i c e . C i t y Manager Milam s a i d i t appears t h a t the residence i s i n v i o l a t i o n of the c i t y ' s zoning, w i t h regard t o occupancy^ He noted t h a t the s i t u a t i o n would be i n v e s t i g a t e d by the Build i n g / Z o n i n g O f f i c i a l ' s O f f i c e . Captain S t r o b l e r e p o r t e d approximately eleven a r r e s t s , from c a l l s r e c e i v e d , and noted t h a t an o f f i c e r answers each and every c a l l . Mayor Green suggested tha,t the C i t y Manager d i r e c t some r e p r e s e n t a t i v e s , e i t h e r from the Bui l d i n g / Z o n i n g O f f i c e , o r P o l i c e Department, t o meet w i t h the neighbors f o r a determination o f what can be done t o r e l i e v e the s i t u a t i o n .

C i t y Engineer Wilcox presented a proposed agreement between the C i t y o f Harrisonburg and the S o i l Cbnservation S e r v i c e , f o r r e p a i r s t o s i t e s 22 and 81C, Lower North R i v e r Watershed, r e s u l t i n g from hu r r i c a n e damages. The agreement s h a l l remain i n e f f e c t u n t i l 9/30/86, f o l l o w i n g signed approval of both the C i t y and SCC. I t may be renewed-each f i s c a l year, u n t i l the pirrposes of same are ccmplete. Mr. Wilcox informed C o u n c i l t h a t the Agreenent pro-vides f o r the SCC t o provide necessary t e c h n i c a l a s s i s t a n c e f o r the r e p a i r work, at no cost t o the c i t y . The c i t y - w i l l be i n ccomunication w i t h the SCC conceming the r e p a i r s . I f the c i t y does not i n s t i t u t e the agreanent, Mr. Wilcox s a i d i t would have t o ass-ume r e s p o n s i b i l i t y f o r the cost and r e p a i r s at the motmtain. He s t a t e d no pr o b l e n -with the agreenent, i n i t s m o d i f i e d form. F o l l o w i n g a b r i e f d i s c u s s i o n , V i c e -Mayor Di n g l e d i n e o f f e r e d a motion f o r the agreanent t o be approved, w i t h a u t h o r i z a t i o n f o r the Mayor t o s i g n same on be h a l f of the C i t y of Harrisonbirrg. The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous vote o f C o u n c i l .

^ C i t y Engineer Wilcox reported t h a t i n October, 1974, the c i t y obtained a S p e c i a l Use Permit from the For e s t S e r v i c e , t o use lands i n the N a t i o n a l F o r e s t . The area o f 90 acres i s being i n c r e a s e d t o 9 6 i acres, i n order t o provide area f o r r e p a i r o f roads. He presented a new permit f o r the Skidmore Fork/Switzer Dam, updating the current permit. Mr. Wilcox noted a clause i n the agree­ment, p r o v i d i n g the Holder of the permit ( c i t y ) t o be l i a b l e f o r i n j u r y , l o s s o r damage r e s u l t i n g from the a u t h o r i z a t i o n , r e g a r d l e s s of the Holder's f a u l t o r negligence, -with l i a b i l i t y not t o exceed $1 m i l l i o n . Spraying o f p e s t i c i d e s i n the area i s p r o h i b i t e d by e i t h e r the c i t y o r Forest S e r v i c e . A ch a i n l i n k fence w i l l be erected by the c i t y above the emergency s p i l l w a y h i g h w a l l area, and Mr. Wilcox noted t h a t other r e p a i r s are needed. On motion o f C o u n c i l Member Rhodes, seconded by C o u n c i l Manber Shank, and a unanimous vote of C o u n c i l , the Mayor -was aut h o r i z e d t o s i g n the permit on behalf of the C i t y , which permit w i l l e x p i r e 12/31/86.

" - - •

i^The f o l l o w i n g P l a n n i n g Comnission r e p o r t frcm i t s J u l y 16th meeting was r e c e i v e d by C o u n c i l : • "...A •pveliminary site plan for Saroo's Corporation's 72 acres of

M-1 Industrial -property was shcnm to the Co-rmissioners, Twelve parcels, served hy a circular street layout, would he availdble for industrial or husiness uses. Mr. Mike Sarco has purchased additional land from Valley Church of Christ in order to construct a public street from Virginia Avenue to his 72-acre site which is located on the east side of the Norfolk-Southern railroad. Mr. Sarco told the Commissioners that he is considering some redesigning of the preliminary plan before submitting a final subdivision plat.

The Director showed an overall map of north Harrisonburg to the Commis­sioners, relating the Sarco property to Dark View, North Liberty and North Main Streets, the proposed extension of Mt. Clinton like, and its future connection

•• with North Main and Vine Streets. He also pointed to the possibility of extending a road through the Sarco- tract eastward across William Heatwole's property, the Martin Eby property, and Edward Mo-ore's property which fronts on N. Main. Mr. Sarco reported that he sees merit in such a proposal and will likely change his preliminary plan 'tp 'reflect this idea. He also stated that the Norfolk-Southern Railroad needs a statement from the City indicating its support for his access road becoming a public street which will cross the.railroad' tracks 600' east of. Virginia Avenue. . . • - .

Mr. Eughes moved that the Commission endorse the proposed public street to be built by Mr. Sarco, From Virginia Avenue to and- across the Norfolk-Southern Railroad, -approximately. 600' long and between Valley Church of Christ and E. Clayton Shank!s property. Mr. Heath seconded the motion, adding that a 50' . . radii be required on the tie-in intersection, with Virginia Avenue and. the road be curbed and guttered .with 40 '' pavement. All members voted for this motion..."

P l a n n i n g D i r e c t o r S u l l i v a n reviewed t h e p r e l i m i n a r y s i t e p l a n w i t h C o u n c i l , s e t t i n g out l o c a t i o n o f the proposed s t r e e t . He noted t h a t Mr. Mike Sarco needs an e x t r a amount o f l a n d from The V a l l e y Church of C h r i s t , and has agreed t o develop the s t r e e t . The Conmission f e e l s t h a t the road from Sarco should extend eastward across the W i l l i a m Heatwole, M a r t i n Eby and Edward Moore p r o p e r t i e s , t y i n g i n w i t h North Main S t r e e t , i n order t h a t t r a f f i c from V i r g i n i a Avenue and North L i b e r t y S t r e e t t o Main, may be r e l i e v e d . Mr. S u l l i v a n noted t h a t Mr. Eby i s d e d i c a t i n g l a n d f o r the s t r e e t and the Heatwole property i s subject t o being d i v i d e d and s o l d i n t o i n d u s t r i a l t r a c t s , although nothing has been put i n t o w r i t i n g . The Pla n n i n g Conmission i s recommending th a t the s t r e e t be a p u b l i c s t r e e t w i t h curb, g u t t e r , storm drainage, e t c . The church d e s i r e s t h a t i t s g r a v e l approach t o - t h e p a r k i n g l o t be t i e d i n w i t h the present g r a v e l road. Mr, Sarco has t o determine how v a l u a b l e the development • w i l l be, p r i o r t o any a c t i o n -with regard t o a f i n a l p l a t . C i t y Engineer Wilcox p o i n t e d out t h a t the road ends at the r a i l r o a d . I f no permission i s given Mr. Sarco t o b u i l d a c r o s s i n g , Mr. Wilcox doubts t h a t the c i t y would want t o b u i l d a c r o s s i n g and without t h i s , he s a i d t h a t the road "goes nowhere." He suggested t h a t C o i m c i l approve the concept, w i t h agreement t h a t the matter of a c r o s s i n g be taken up, at no cost t o the c i t y . C i t y Manager Milam made reminder t h a t plans are o n l y p r e l i m i n a r y , w i t h a c t i o n c o r n i n g the s t r e e t , necessary;, i n order t h a t the developer may proceed w i t h c e r t a i n r i g h t s -of-way, e t c . F o l l o w i n g d i s c u s s i o n . C o u n c i l Member Rhodes o f f e r e d a motion f o r the reconmendation o f the P l a n n i n g Conmission, endorsing the proposed p u b l i c s t r e e t , t o be approved. The motion was seconded by C o u n c i l Manber Shank, and adopted by a imanimous vote o f C o u n c i l .

^ Mr. C e c i l G i l k e r s o n , D i r e c t o r o f Parks & Recreation f o r the C i t y o f Harrisonburg, e x p l a i n e d f o r C o u n c i l , proposed plans by the Department o f M i l i t a r y A f f a i r s , f o r an a d d i t i o n t o the south s i d e o f the W i l l i a m G. Jlyers Armory on South Willow S t r e e t , and s a i d the Conmission had opposed the a d d i t i o n t o t h a t s i d e , w i t h preference t o the n o r t h s i d e , i n t h a t u t i l i t i e s are l o c a t e d there, and the a d d i t i o n would not i n f r i n g e upon the c i t y ' s t e n n i s c o u r t s . He noted t h a t suggestion has been made f o r a new ajmory t o be c o n s t m c t e d a t another l o c a t i o n , i n th a t the present b u i l d i n g i s landlocked between

school p r o p e r t y and r e c r e a t i o n l a n d . Mr. G i l k e r s o n s a i d t h a t although the proposal f o r an a d d i t i o n has not been too w e l l r e c e i v e d , the main problem a t the present time i s a proposal t o remove the bleachers frcm the Assembly H a l l , which s e a t s approximately 540 people, i n t h a t i t i s considered too l a r g e . With removal o f the bl e a c h e r s , the space i s proposed f o r t a b l e and c h a i r storage, w i t h open space above. T h i s arrangenent would come almost t o the edge o f the b a s k e t b a l l c o u r t . Under the pro p o s a l , 2 10' wide l o c k e r room would be constructed, w i t h restrooms across the Assembly H a l l . The D i r e c t o r p o i n t e d out th a t a l l league p l a y has been h e l d i n the Armory, i n order t o permit open p l a y at the Coimimity A c t i v i t i e s Center, and noted miany other uses of the area ( i . e . f l o o d r e l i e f , programs, e t c . ) Since 1954, when the Armory was constructed, and turned over t o the Recre a t i o n Dept. f o r i t s use, i n c o n j m c t i o n w i t h the N a t i o n a l Guard U n i t f o r meetings, e t c , lir. G i l k e r s o n noted a t o t a l amount of $ 422,687 spent i n pers o n a l s e r v i c e s and o p e r a t i n g expenses, as w e l l as $ 15,550 i n c a p i t a l outIky. An estimated amount of $ 262,536, submitted by the C i t y Engineer, i n c l u d e s cost f o r p u b l i c works at the s i t e , net value of l a n d donated by the C i t y t o the N a t i o n a l Guard, and const r u c ­t i o n c ost f o r two classrooms and storage space. Mr. G i l k e r s o n presented and read the f o l l o w i n g reccm­mendation, approved by the Harrisonburg Parks Ss R e c r e a t i o n Conmission, a t a meeting h e l d on J u l y 14, 1986, concerning proposed a d d i t i o n / a l t e r a t i o n s t o the Harrisonburg Armory, and asked t h a t C o u n c i l endorse the Conmission's stand on the i s s u e :

Robert Dt-nsmore, Chairman, -made the motion on behalf of the Parks and Recreation Commission, that they go on record as being opposed to elimi­nating the bleachers on the south side of the Armory and opposing any additions to the interior of the existing assembly hall, and for city officials to take appropriate action necessary to resolve this situation. Seconded by Darla LePera. Motion passed unanimously. ' -

C i t y Manager Milam r e f e r r e d t o correspondence from C o l . W i l l i a m Timberlake, r e q u e s t i n g a r e p l y from the c i t y by August, conceming the prop o s a l , and suggested t h a t C o u n c i l endorse the Commission's reconmendation and send t h i s on as the c i t y ' s answer. On motion of Vi c e - l i a y o r D i n g l e d i n e , seconded by C o u n c i l Member Robinson, and a unanimous vote. C o u n c i l endorsed the recommendation o f the Parks Ss R e c r e a t i o n C a i m i s s i o n .

^ For c o n s i d e r a t i o n o f a f i r s t reading. C i t y A ttorney Lapsley presented an ordinance amending S e c t i o n 6-2-9 of the C i t y Code e n t i t l e d : "Accumulation o f junk, m b b i s h or garbage on premises i n open view." He c a l l e d a t t e n t i o n t o paragraphs d and e, added t o the previous wording, w i t h v i o l a t i o n s considered a C l a s s I misdemeanor:

(d) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture, appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building or dwelling. Any such item which remains on the property of any occupant for a period of ten (10) days after notice of violation of this section shall be presumed to be abandoned and subject to being removed from the property by the city without further notice.

(e) This section shall not apply to licensed junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment.

C o u n c i l Member Rhodes questioned paragraph (e) i n t h a t i t exonerates l i c e n s e d junk d e a l e r s and establishments from any r e g u l a t i o n , and o f f e r e d an o p i n i o n t h a t i t may be w e l l f o r a time l i m i t t o be considered f o r junk o r m b b i s h t o be l e f t i n open view. He o f f e r e d a motion f o r the ordinance t o be approved f o r a f i r s t reading, as amended t o i n c l u d e a time l i m i t , w i t h ordinance r e f e r r e d back t o the C i t y A t t o m e y t o be redrawn, upon determination of a time p e r i o d f o r junk d e a l e r s and e s t a b l i s h ­ments. The motion was seconded by C o u n c i l Manber Shank, and adopted by a unanimous recorded vote of C o u n c i l .

' ^ F o r c o n s i d e r a t i o n of a f i r s t reading, the C i t y A t t o m e y presented an ordinance r e - e n a c t i n g and amending S e c t i o n 16-6-58 o f the C i t y Code e n t i t l e d : "Weeds, e t c . , on l o t s . " He noted t h a t the ordinance a u t h o r i z e s the C i t y Manager t o i n v e s t i g a t e , i n conjunction w i t h the P o l i c e Department, nuisance s i t u a t i o n s w i t h regard t o grass, weeds, brush and other f o r e i g n growth, a t a height o f 15" or more, on any l a n d o r premises w i t h i n the c i t y , i n c l u d i n g the area i n f r o n t o f such l a n d o r p r a n i s e s extending t o the curb l i n e , which presents any t h r e a t t o the h e a l t h , s a f e t y o r general w e l f a r e o f r e s i d e n t s i n the c i t y . N o t i c e would be given property owners o f the s i t u a t i o n and ordered t o remove same w i t h i n f i v e (5) days. I f not complied w i t h , the work would be done by c i t y f o r c e s o r by c o n t r a c t , w i t h cost b i l l e d the owner. I f b i l l i s not p a i d w i t h i n a 30-day p e r i o d , the amount would be forwarded t o the O f f i c e of C i t y Treasurer, t o be added t o the next r e g u l a r t a x b i l l o f the property owner. I t was suggested t h a t the words "or gene r a l w e l f a r e " be added i n paragraphs b and e, f o l l o w i n g the • words;health, s a f e t y . C o u n c i l Member Shank moved t h a t the ordinance be approved f o r a f i r s t reading, w i t h suggested word a d d i t i o n s , and r e f e r r e d back t o the C i t y Attorney t o be redrawn. The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous recorded vote of C o u n c i l .

ly' For i n f o r m a t i o n , the C i t y Manager presented a r e p o r t from the Bu i l d i n g / Z o n i n g O f f i c e , conceming a c t i o n s which have been taken r e the f o l l o w i n g p r o p e r t i e s i n the c i t y :

330 K e l l e y S t r e e t p r o p e r t y i n a s t a t e o f d e t e r i o r a t i o n due t o age and ne g l e c t : n o t i f i e d owner by l e t t e r dated 7/15/86. 437 K e l l e y S t r e e t p r o p e r t y was i n the process o f being r e h a b i l i t a t e d and half-way t h r o r ^ h , the r e h a b i ­l i t a t i o n p r o j e c t stopped: owner of r e c o r d n o t i f i e d by l e t t e r dated 7/15/86. 510 K e l l e y S t r e e t general c o n d i t i o n of propert y s t m c t u r e : . f i r s t correspondence sent t o owner of re c o r d on 5/21/86 (no response). Second correspondence by c e r t i f i e d m a i l 7/16/86. 400 K e l l e y S t r e e t ( H a r r i s P o o l ) - F o l l o w i n g an i n s p e c t i o n i t was determined t h a t : (1) propert y i s secured from t r e s p a s s by a s t a b l e cyclone fence, topped w i t h barbed w i r e - entrance gate padlocked. S e c u r i t y measures appear adequate. (2) c i t y - f o r c e s have cut undergrowth along the K e l l e y S t r e e t frontage o f the fence and found no d e b r i s on o u t s i d e o f fence. Undergrowth has been cut between K e l l e y S t r e e t and the Sinms School p r o p e r t y t o the n o r t h - the school s i t e has been w e l l mowed and maintained about 3 f e e t of the r e a r fence l i n e . Some a t t e n t i o n needed along fence l i n e s : (3) premises i n s i d e f e n c i n g i s now i n need o f some a t t e n t i o n due t o d e b r i s w i t h i n the fence along K e l l e y S t r e e t and considerable broken g l a s s and c l u t t e r around the po o l i t s e l f . Owner prepared t o d r a i n stagnant water from p o o l f l o o r and provide drainage d i t c h i n g - R Ss H A u t h o r i t y has some i n t e r e s t i n purchase of the land. 536 Green S t r e e t - d w e l l i n g i n v i o l a t i o n o f the Statewide B u i l d i n g Code i n th a t the s i n g l e f a m i l y home has been converted i n t o 3 apartments w i t h i n the'past 16 months. Owner o f Record n o t i f i e d by

125 c e r t i f l e d m a i l 1/Y7/^. Manager Milam noted t h a t work w i l l be continued on t h i s p a r t i c u l a r l o c a t i o n , which had been di s c u s s e d e a r l i e r i n t h i s meeting by r e s i d e n t s i n the area.

" ' ^ ^ i t y Manager Milam informed C o u n c i l t h a t he had r e c e i v e d request from Mr. Lance Braun of S k y f i r e P y r o t e c h n i c a l D i s p l a y s U n l i m i t e d of Dayton, Va., f o r permission t o h o l d f i r e w o r k s d i s p l a y s on the f o l l o w i n g t h ree dates: September 1st at V a l l e y M a l l , 9:30 p.m. f o r Labor Day Sales Promotion; September 6th, 9:30 p.m. a t James Madison U n i v e r s i t y , f o l l o w i n g f o o t b a l l bame, and on October 4th, 10:00 p.m. f o l l o w i n g the concert f o r parents' weekend. Manager Milam noted t h a t permission. had been granted by C o u n c i l over the past few years f o r d i s p l a y s at the requested events, and Captain S t r o b l e noted no problemis. Arrangements w i l l be made through the p o l i c e department as w e l l as f i r e and rescue, f o r t r a f f i c c o n t r o l and standby i n the event of any emergency. On motion of C o u n c i l Member Eobinson, seconded by Vice-Mayor D i n g l e d i n e , and a unanimous vote of C o u n c i l , the request was granted f o r the three f i r e w o r k s d i s p l a y s .

^ Vice-Mayor D i n g l e d i n e c a l l e d a t t e n t i o n t o a l e t t e r suggesting t h a t l o c a l i t i e s p a r t i c i p a t e i n the B i c e n t e n n i a l of the U n i t e d States C o n s t i t u t i o n , w i t h v a r i o u s events t o be h e l d on the n a t i o n a l l e v e l . He noted t h a t i n order t o p a r t i c i p a t e , a B i c e n t e n n i a l Commission has t o be e s t a b l i s h e d , which c o u l d -be done j o i n t l y by the c i t y and county. He o f f e r e d an o p i n i o n t h a t i t would be appropriate f o r the c i t y t o p a r t i c i p a t e . Mayor Green asked the Vice-Mayor i f he would be w i l l i n g t o make some, contacts i n s o f a r as c o o r d i n a t i n g the venture, t o which he consented.

At 9:30 p.m., on motion of C o u n c i l Member Ehodes, seconded by C o u n c i l Member Shank,, and a unani­mous vote. C o u n c i l entered an executive s e s s i o n t o d i s c u s s . r e a l e s t a t e and personnel.

At 11:07 p.m., on motion duly adopted, the executive s e s s i o n was c l o s e d and the r e g u l a r , s e s s i o n reconvened.

Inasmuch as C o u n c i l had h e l d a p u b l i c hearing on June 24th concerning two vacancies t o be cr e a t e d on the C i t y School Board by the e x p i r a t i o n of f i r s t terms of Messrs. James Messner and James Wampler, Mayor Green asked members' wishes conceming appointments. C o u n c i l Manber Eobinson o f f e r e d a motion f o r Messrs. Messner and Wampler t o be reappointed f o r second terms of t hree (3) years each, e x p i r i n g June 30, 1989. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a manimous vote of C o r n e l l .

• ^ C o m c i l was reminded t h a t the second terra o f Mr. B i l l y Walton on the Harrisonburg I n d u s t r i a l Development A u t h o r i t y had e x p i r e d on A p r i l 24, 1986, and the Mayor asked manbers' wishes conceming an appointment. C o m c i l Member Shank o f f e r e d a motiom f o r Mr. Gerald A, Hopkins of 336 Par Lane, Harrisonburg, t o be appointed t o a f i r s t term on the A u t h o r i t y of f o u r (4) years, e x p i r i n g A p r i l 24, 1990. The motion was seconded by C o m c i l Member Rhodes, and adopted by a manimous vote of C o m c i l .

^ Mayor Green asked members' wishes concerning an appointment t o the Harrisonburg Welfare Board, inasmuch as Mr. Menefee's second term had e x p i r e d as of J m e 30, 1986, rendering him i n e l i g i b l e f o r reappointment. Vice-Mayor D i n g l e d i n e moved t h a t Mr. Jack Neff of 165 Maryland Avenue, Harrisonbxirg, be appointed t o a f i r s t term of f o u r (4) years, e x p i r i n g J m e 30, 1990. The motion was seconded by C o m c i l Manber Ehodes, and adopted by a manimous vote of C o m c i l .

.^"'It was noted t h a t Avith the e x p i r a t i o n o f Mr. H a l F i n l a y s o n ' s term as o f J m e 30th as a represen­t a t i v e o f the C i t y o f Harrisonburg on the Conmmity C o r r e c t i o n s Board ( D i v e r s i o n a r y Program), appointment of a r e p r e s e n t a t i v e should be considered. Vice-Mayor D i n g l e d i n e o f f e r e d a motion f o r Mr. James W. G i l k e s o n , J r . of 1045 South Dogwood D r i v e , Harrisonburg, t o be appointed t o the Board f o r a term of one (1) year, e x p i r i n g J m e 30, 1987. The motion was seconded by C o m c i l Member Eobinson, and adopted by a manimous vote of C o m c i l .

There being no f u r t h e r business, the meeting was adjoumed.

CLERK

Tuesday, August 12, 1986

At a r e g u l a r meeting of C o m c i l h e l d i n the C o m c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C l e r k N. Arlene Loker; Vice-Mayor Eaymond C. D i n g l e d i n e , J r . ; C o m c i l Members El o n W. Rhodes, Thomas H. Eobinson, I I , Charles L.Shank and C i t y A u d i t o r P h i l i p L. Peteiman. Absent: C h i e f o f P o l i c e E i c h a r d W. Presgrave. ( s i t t i n g i n f o r the C h i e f , Capt. S t r o b l e ) .

*^ On motion of Vice-Mayor Ding l e d i n e , seconded by C o m c i l Manber Eobinson, and a manimous vote of C o m c i l , Attorney E a r l Q. Thumna, J r . was appointed t o a two year term as C i t y A t t o m e y f o r the C i t y o f Harrisonburg, e x p i r i n g 6/30/88. F o l l o w i n g h i s appointment, Mr. Thirana took h i s p l a c e at the C o m c i l t a b l e t o assume h i s d u t i e s as C i t y Attorney.

Minutes of the r e g u l a r meeting h e l d on J u l y 22nd were approved as read.

The f o l l o w i n g monthly r e p o r t s were presented and ordered f i l e d : From the C i t y Manager:

A r e p o r t of a c t i v i t i e s i n the v a r i o u s departments and s a i d o f f i c e f o r the month of J u l y , 1986. From the C i t y Treasurer:

A t r i a l balance r e p o r t as of c l o s e of business on J u l y 31, 1986. From the P o l i c e Department:

A r e p o r t of F i n e s & Costs, $ 2,413.50; Cash c o l l e c t e d from s t r e e t p a r k i n g • meters, $ 6,540.74; T o t a l cash p a i d on a c c o m t s and t u m e d over t o Treasurer,

$ 8,954„24, f o r month of J u l y , 1986. From the C i t y A u d i t o r :

A r e p o r t o f cash d i s c o m t s saved i n payment of vendor's i n v o i c e s i n t o t a l amomt of $ 437.51, f o r month of J u l y , 1986.

125 c e r t i f i e d mail 1/Y7/S6. llanager Milam noted that work w i l l be continued on t h i s p a r t i c u l a r location, which had been discussed e a r l i e r i n t h i s meeting by residents i n the area.

•^ - ^ ^ i t y Manager Milam informed Council that he had received request from Mr. Lance Braun of Skyfire PSTrotechnical Displays Unlimited of Dayton, Va., f o r permission to hold fireworks displays on the following three dates: September 1st at Valley M a l l , 9:30 p.m. for Labor Day Sales Promotion; September 6th, 9:30 p.m. at James J/Iadison University, following f o o t b a l l bame, and on October 4th, 10:00 p.m. following the concert for. parents' weekend. J.lanager Milam noted that permission had been granted by Council over the past few years f o r displays at the requested events, and Captain Stroble noted no problems. Arrangenents w i l l be made through the p o l i c e department as w e l l as f i r e and rescue, f o r t r a f f i c control and standby i n the event of any emergency. On motion of Council Member Eobinson, seconded by Vice-Mayor Dingledine, and a unanimous vote of Council, the request was granted for the three fireworks displays.

^ Vice-Mayor Dingledine c a l l e d attention to a l e t t e r suggesting that l o c a l i t i e s p a r t i c i p a t e i n the Bicentennial of the United States Constitution, with various events to be held on the national l e v e l . He noted that i n order to part i c i p a t e , a Bicentennial Ccmmission has to be established, which could be done j o i n t l y by the c i t y and coiinty. He offered an opinion that i t would be appropriate f o r the c i t y to par t i c i p a t e . Mayor Green asked the Vice-Mayor i f he would be w i l l i n g to make some contacts insofar as coordinating the venture, to which he consented.

At 9:30 p.m., on motion of Council Member Rhodes, seconded by Coxmcil Manber Shank,, and a xmani­moxis vote. Council entered an executive session to discuss r e a l estate and personnel.

At 11:07 p.m., on motion duly adopted, the executive session was closed and the regular,session reconvened.

Inasmuch as Coxmcil had held a public hearing on June 24th concerning two vacancies to be created on the Ci t y School Board by the expiration of f i r s t terms of Messrs. James Messner and James Wampler, Mayor Green asked members' wishes conceming appointments. Coxmcil Manber Eobinson offered a motion f o r Messrs. Messner and Wampler to be reappointed f o r second terms of three (3) years each, expiring June 30, 1989. The motion was seconded by Council Member Ehodes, and adopted by a unanimous vote of Council.

• ^ C o u n c i l was reminded that the second term of Mr. B i l l y Walton on the Harrisonburg Industrial Development Authority had expired on A p r i l 24, 1986, and the Mayor asked members' wishes concerning an appointment. Coxmcil Member Shank offered a motiom f o r Mr. Gerald A. Hopkins of 336 Par Lane, Harrisonburg, to be appointed to a f i r s t term on the Authority of four (4) years, expiring A p r i l 24, 1990. The motion was seconded by Coimcil Member Rhodes, and adopted by a imanimous vote of Council.

Mayor Green asked manbers' wishes concerning an appointment to the Harrisonburg Welfare Board, inasrauch as Mr. Menefee's second term had expired as of June 30, 1986, rendering him i n e l i g i b l e f o r reappointment. Vice-Mayor Dingledine moved that Mr. Jack Neff of 165 Maryland Avenue, Harrisonburg, be appointed to a f i r s t term of four (4) years, expiring June 30, 1990. The motion was seconded by Coimcil Member Rhodes, and adopted by a imanimous vote of Council.

^"'it was noted that 'with the expiration of Mr. Hal Pinlayson's term as of June 30th as a represen­t a t i v e of the C i t y of Harrisonburg on the Conmunity Corrections Board (Diversionary Program), appointment of a representative should be considered. Vice-Mayor Dingledine offered a motion f o r Mr. James W. Gilkeson, J r . of 1045 South Dogwood Drive, Harrisonburg, to be appointed to the Board fo r a term of one (1) year, expiring June 30, 1987. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Coxmcil.

There being no fxxrther business, the meeting was adjourned.

CLEEK

Tuesday, August 12, 1986

At a regular meeting of Coxmcil held i n the Coxmcil Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Members Elon W. Rhodes, Thomas H. Eobinson, I I , Charles L.Shank and C i t y Auditor P h i l i p L. Peteiman. Absent: Chief of Po l i c e Eichard W. Presgrave. ( s i t t i n g i n for the Chief, Capt. Stroble).

On motion of Vice-Mayor Dingledine, seconded by Coxmcil Member Eobinson, and a unanimous vote of Coimcil, Attorney E a r l Q. Thumma, J r , was appointed to a two year terra as Ci t y Attomey f o r the Cit y of Harrisonburg, expiring 6/30/88. Following h i s appointment, Mr. Thumma took his place at the Council table to assume his duties as Ci t y Attorney.

Minutes of the regular meeting held on July 22nd were approved as read.

The following monthly reports were presented and ordered f i l e d : From the City Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of July, 1986. From the C i t y Treasurer:

A t r i a l balance report as of close of business on July 31, 1986. From the Po l i c e Department:

A report of Fines & Costs, $ 2,413.50; Cash collected from street parking meters, $ 6,540.74; Total cash paid on accounts and tumed over to Treasurer,

$ 8,954„24, f o r month of July, 1986. From the C i t y Auditor:

A report of cash discounts saved i n payment of vendor's invoices i n t o t a l amount of $ 437,51, for month of July, 1986.

126 From the Department of U t i l i t y B i l l i n g :

A report of water, sewer and refuse accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc. f o r month of July, 1986.

For information. C i t y Manager Milam callesd members' attention to t h e i r copies of the Annual Report f o r 1985-86, submitted by the HarrisonbtD:"g Department of Social Services.

'^Mrs. Nancy Crider of 350 Maryland Avenue, presented a p e t i t i o n signed by 66 property owners on Maryland Avenue and other sections of Simset Heights area, conceming property situate at 341 Maryland Avenue, which recently suffered f i r e damages. Consideration of Council was requested to see that the dwelling, when renovated both inside and out, i s done i n such a manner as to lend i t s e l f to the r e s i ­dential neighborhood, with future re n t a l i n compliance with the R-1 zoning, as a single family r e s i ­dence. Mrs. Crider, serving as spokeswomian for the petitioners, noted no known address f o r the property owner, but said that tax statements are forwarded to Jlr. Lowell M i l l e r , r e a l t o r . The sur­rounding neighborhood i s subjected to the dilapidated appearance of the dwelling; many residents moving i n and out (as miany as 4 unrelated persons at one time); loud parties and music; barking of dogs; motorcycles; vulgar language, etc. a l l hours of the night. Mrs. Thelma Branch of 340 Maryland Avenue, said that her property faces the dwelling, and spoke of pipes extending from the roof, 6 - 8 ' i n height. She questioned how permission was acquired f o r t h i s , and pointed out that there i s no property owner to "dress down^" No response has been received from Mr. M i l l e r concerning complaints registered. She offered an opinion that a chimney should be required when the dwelling i s renovated. Mayor Green gave assurance that the s i t u a t i o n would be investigated, and asked the C i t y Manager to pursue the miatter through proper channels,

'^"^yir. Jim Deskins, Executive Director of the Harrisonburg Redevelopment & Housing Authority, was present i n the meeting, along with a representation of Authority manbers. He introduced Messrs. Tom Flynn and T.C.Strader, representatives of the Consulting Firm of Z u c h e l l i , Hunter 8s Associates, Annapolis, Md., who have been working i n the c i t y over the past few months, conducting an Economic and Market Analysis Study of the Central Business D i s t r i c t . They presented an indepth review of t h e i r findings with regard to needed inprovements to the downtown business core, which i s complanented by location of the Court House, as to the Residential Market; R e t a i l Marketing; Office Marketing and Hotel Marketing. They spoke to the need of more r e s i d e n t i a l housing, with space available i n the downtown area which could be considered; a need to consider o f f i c e conversion i n the r e t a i l space, due to the decline of the downtown businesses which have not retumed; the p o s s i b i l i t y of a hotel i n the downtown area -which would be a drawing card for commercial types of business, t o u r i s t s , group t r a v e l and other oriented projects; the p o s s i b i l i t y of a Conference Center near the hotel, as w e l l as a Cultural Arts Center. Both Messrs. Flsnin and Strader said they were very mruch impressed with the c i t y ' s downtown and i t s improvements, noting a great potential f o r i t to be created as an A c t i v i ­t i e s Center. Each member of the governing body was presented with a copy of the "Downtown Market and Development Programming Study" as prepared by the firm. Following the open presentation, request was made to firrther discuss the miatter i n -an executive session with Council conceming r e a l estate acquisition. IVhen Vice-Mayor Dingledine asked how xmiversities f i t i n with proposals such as t h i s , he was advised that JICF i s very important to Harrisonburg, and would add greatly to the downtown plan through a c t i v i t i e s which would be offered. Mayor Green said that Coxmcil would be meeting i n executive session l a t e r t h i s evening, at which time t h i s matter could be continued.

^-"^ce-Mayor Dingledine reported to Coxmcil that he had met with Mr. Tim Hxilings, Chairman of the Rockingham Coxmty Board of Supervisors, with regard to the p o s s i b i l i t y of a j o i n t ventxrre as p a r t i c i ­pants i n the 1987 Bicentennial of the United States Constitution. I t was agreed that a ten manber Commission should be appointed by the governing bodies (5 from the coxmty and 5 fron the c i t y ) , with the Comnission responsible for appointing i t s Chairman and Vice-Chairman. He presented the following names, and offered a motion that they be appointed to serve on the Comnission:

Dr. Martha B. Caldwell, 216 Governor's Lane Mrs. Eleanor Canter, 456 Ott Street I.frs. Mary Fairfax, 431 E. Gay Street Jtr. David J. Hatmaker, 417 Monticello Ave. Mr. Samuel L. Horst, 857 Old Fumace Rd.

The motion was seconded by Coxmcil Member Rhodes, and adopted by a xmanimous vote of Coxmcil.

Mayor Green noted that request had been received from the V i r g i n i a Comnission on the Bicentennial of the United States Constitution, f o r September 17, 1987 to be proclaimed as "United States Constitu­t i o n Day" i n c i t i e s throughout the state. On motion of Vice-Mayor Dingledine, seconded by Coxmcil Manber Robinson, and a xmanimous vote of Coxmcil, a Proclamation w i l l be prepared, with copy forwarded to the V i r g i n i a Comnission.

For consideration of a second Ss f i n a l reading. City Manager Milam presented an ordinance amending Section 6-2-9 of the C i t y Code e n t i t l e d : "Accxxmulation of jxmk, mbbish or garbage on pranises i n open view", which ordinance had been approved f o r a f i r s t reading on August 12th. Coxmcil Member Rhodes noted that an amendment to paragraph (e) with regard to setting a time l i m i t on jxmk dealers and establishments engaged i n repairs, etc. to equipment, had not been dealt with i n wording of the second w r i t i n g of the ordinance. The ordinance was then referred to C i t y Attorney Thxxmma, with request that he contact former C i t y Attorney Lapsley conceming proper rev i s i o n of the ordinance.

For consideration of a second Ss f i n a l reading, an ordinance amending Sec. 16-6-58 of the C i t y Code, e n t i t l e d : "Weeds, etc. on l o t s " was presented. Following review of the ordinance, noting the addition of words "or general welfare" xmder paragraphs b and e, as w e l l as extension of time from 5 days to 10 days for removal of trash, garbage, refuse, l i t t e r and other s i m i l a r substances, Coxmcil Manber Rhodes offered a motion for the ordinance to be approved for second Ss f i n a l reading, with authorization for the liayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council Member Robinson, and adopted by a xmanimous recorded vote of Coxmcil. (Ord. Bk L page 72).

On motion duly adopted, Coxmcil accepted the resignation of Mr. Edward F. White as a manber of the Harrisonburg Redevelopnent Ss Housing Authority, e f f e c t i v e Septanber 1, 1986, i n that he i s moving outside the c i t y .

C i t y Manager Milam presented a lease agreement which had been prepared, between the C i t y of

127 Harrisonburg and the Salvation Art9y', t o r -use of city- owned l o t s on the northeast side of Monroe Street for recreational purposes. The lease would be f o r a one year period, subject to annual renewals, with consideration of the lease as $ 1.00. During a b r i e f discussion, i t was suggested that the c i t y be included under paragraph 6, along with the Army, with regard to l i a b i l i t y . Mayor Green asked C i t y Attorney Thumma to contact former C i t y Attorney Lapsley, insofar as amendment to the Agreement. Planning Director Su l l i v a n , a member of the Salvation Army Board, expressed appreciation f o r the i^reement, and noted that signing of the document by an Army o f f i c i a l , was pending approval frcm -Headquarters.

Council Member Bobinson conmended Parks & Recreation Director Gilkerson, f o r h i s supervision i n clean-up of the building i n rear of the Ci t y School Board Offices. The building was i n a deplor­able condition and i s used f o r storage by the Recreation Department.

At 9:10 p.m., on motion of Council Member Shank, seconded by Council Member Rhodes, and a unaniriKDUs vote. Council entered an executive session to discuss r e a l estate, personnel and l e g a l matter.

At 11:35 p.m., on motion duly adopted,, the executive session was closed, and the regular session reconvened. There being no further business, the meeting was adjoirrned.

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30, there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B, Milam; C i t y Attorney E a r l Q. Thunma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine; Council Members Elon W. Rhodes, Thomas H. Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on August 12th were approved, as corrected.

" ' ^ i t y Manager Milam presented correspondence frcm Charlotte Showker and Lester Steele, requesting Coimcil's consideration i n the closing of a 10' a l l e y situate between t h e i r properties on Frarrklin Street. , He c a l l e d attention to the attached p l a t , showing location of the a l l e y i n r e l a t i o n to the properties, and noted that he had made the requestors aware of the procedure for an a l l e y closing request, including payment of a required f i l i n g fee to process same through a Board of Viewers, public hearing, etc. On motion of Vice-Mayor Dingledine, seconded by Coimcil Member Robinson, and a unanimous vote of Council, the request was referred to the Ci t y Planning Comnission for review and report.

"'Xta motion of Council Member Sharik, seconded by Coimcil Manber Rhodes, and a unanimous vote of Council, the following Resolution was approved:-

WHEREAS, Walker Manufasturing Company -is oelebrati-ng -its 25th Anniversary on.Friday, September 191, -1986; and

WHEREAS, Walker Manufacturing has been an outstanding industry in the County of Rockingham, and in the City of Harrisonburg since its annexation into the City, in 1983, specialising in Automotive Exhaust Systems; and

WEEREAS, the Industry is of inestimable value, both in economic and civic benefits to this area, to-its individuals, organizations and businesses; and

-WEEREAS, Walker Manufacturing continues to operate as an Industry in the City of Harrisonburg,

NOW, THEREFORE, BE IT RESOLVED that I, Walter F. Green, 3rd, Mayor of the City of Earrisonburg, on behalf of the Harrisonburg City Council, extend heartiest congratulations to WALKER MANUFACTURING COMPANY on its 25th Anniversary, September 19, 1986.

City Manager Milam c a l l e d manbers' attention to t h e i r copies of documents which had been mailed e a r l i e r , conceming the proposed issuance of $ 21,600,000 revenue refunding bonds by the Harrisonburg Redevelopment & Housing Authority to provide financing f o r Country Run Apartments, Ltd., i n Prince William County, V i r g i n i a . Attomey James Sipe noted that the following f i v e exhibits had been pro­vided, as mentioned by the C i t y Manager: July 16 Besolution of the B & H Authority; C e r t i f i c a t e of Publication; Becord of Public Hearing; F i s c a l Impact Statement and proposed C i t y Council Besolution. He noted that the amount of $ 21,600,000 represents one-half of the $ 41,000,000 Multi-Family Housing Bevenue Bonds f o r Country Run Apartments Project, approved i n December, 1985, with entire proceeds to be used as a refund of the t o t a l issue, i n order to ass i s t the Developer i n financing the acquisi­t i o n and constmction of a portion of a multi-family r e s i d e n t i a l r e n t a l project of approximately 796 units to be located at the intersection of Homer Eoad and Botts Avenue i n Woodbridge i n Prince William County, V i r g i n i a . The following proposed Resolution was presented f o r Council's consideration of approval:

WHEREAS, the Harrisonburg Redevelopment and Housing Authority (the "Authority") has held a public hearing on -July 16, 1986, regarding the issuance by the Authority . of its revenue refunding bonds in an amount not to exceed $ 21,600,000 (the. "Bonds"), all of the proceeds of which will be used to refund a portion of its $ 41,000,000 Multi-Family Housing Bonds (Country Run Apartments Project), Series 1985A, issued on December 31, 1985, to assist Country Run Apartments, Ltd. (the "Developer"), in the financing of the acquisition and construction of a portion of a multi-family apartment project of approximately 796 units to be located at the intersection of Homer Road and Botts Avenue in Woodbridge in Prince William County, Virginia (the "Project"); and - -

.WHEREAS, the Authority has recommended that the City Council of the City of Harrisonburg, Virginia (the "City Council"), approve the issuance of the Bonds to oomiply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the

CLERK

Tuesday, August 26, 1986

Mayor-

127 Harr±son'b-urg and the Salvation Aiinyv t o r nse of city- owned l o t s on the northeast side of Monroe Street for recreational pinposes. The lease would be f o r a one year period, subject to annual renewals, with consideration of the lease as $ 1.00. During a b r i e f discussion, i t was suggested that the c i t y be included under paragraph 6, along with the Army, with regard to l i a b i l i t y . Mayor Green asked C i t y Attorney Thunma to contact former C i t y Attorney Lapsley, insofar as amendment to the Agreanent. Planning Director Su l l i v a n , a manber of the Salvation Army Board, expressed appreciation f o r the Agreement, and noted that signing of the document by an Army o f f i c i a l , was pending approval fron Headquarters.

Council Jlariber Eobinson conmended Parks & Eecreation Director Gilkerson, f o r h i s supervision i n clean-up of the building i n rear of the Ci t y School Board Offices. The building was i n a deplor­able condition and i s used f o r storage by the Eecreation Department.

At 9:10 p.m., on motion of Council Member Shank, seconded by Council Member Ehodes, and a unaninous vote. Council entered an executive session to discuss r e a l estate, personnel and le g a l matter.

At 11:35 p.m., on motion duly adopted, the executive session was closed, and the regular session reconvened. There being no further business, the meeting was adjourned.

CLEEK

Tuesday, August 26, 1986

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30, there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q. Thunma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Eaymond C. Dingledine; Council Members Elon W. Ehodes, Thomas H. Eobinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Eichard W. Presgrave. Absent: none.

Minutes of the regular meeting held on August 12th were approved, as corrected.

" ^ i t y Manager Milam presented correspondence fron Charlotte Showker and Lester Steele, requesting Coimcil's consideration i n the closing of a 10' a l l e y situate between t h e i r properties on Franklin Street. , He c a l l e d attention to the attached p l a t , showing location of the a l l e y i n r e l a t i o n to the properties, and noted that he had made the requestors aware of the procedure for an a l l e y closing request, including payment of a required f i l i n g fee to process same through a Board of Viewers, public hearing, etc. On motion of Vice-Mayor Dingledine, seconded by Council Member Eobinson, and a imanimous vote of Coimcil, the request was referred to the C i t y Planning Conmission for review and report.

motion of Council Member Shank, seconded by Council Member Ehodes, and a unanimous vote of Council, the following Resolution was approved:.

WEEREAS, Walker Manufacturing Company is celebrating its 25th Anniversary on.Friday, September 191, -1986; and

WEEREAS, Walker Manufacturing has been an outstanding industry in the County of Rockingham, and in the City of Earrisonburg since its annexation into the City, in 1985, specializing in Automotive Exhaust Systems; and

WEEREAS, the Industry is of inestimable value, both in economic and civic benefits to this area, to.its individuals, organizations and businesses; and

.WEEREAS, Walker Manufacturing continues to operate' as an Industry in the City of Earrisonburg,

NOW, TEEREFORE, BE IT RESOLVED, that I , Walter F. Green, 3rd, Mayor of the City of Earrisonburg, on behalf of the Earrisonburg City Council, extend heartiest congratulations to WALKER MANJJFACTVRING

COMPANY on its 25th Anniversary, September 19, 1986. Mayor-

City Ilanager Milam-called members' attention to t h e i r copies of documents which had been mailed e a r l i e r , conceming the proposed issuance of $ 21,600,000 revenue refunding bonds by the Harrisonburg Redevelopment & Housing Authority to provide financing f o r Country Run Apartments, Ltd., i n Prince William County, V i r g i n i a . Attomey James Sipe noted that the following f i v e exhibits had been pro­vided, as mentioned by the C i t y Manager: July 16 Resolution of the R & H Authority; C e r t i f i c a t e of Publication; Record of Public Hearing; F i s c a l Impact Statement and proposed C i t y Council Resolution. He noted that the amount of $ 21,600,000 represents one-half of the $ 41,000,000 Multi-Family Housing Revenue Bonds f o r Country Run Apartments Project, approved i n Decanber, 1985, with entire proceeds to be used as a refund of the t o t a l issue, i n order to ass i s t the Developer i n financing the acquisi­t i o n and constmction of a portion of a multi-family r e s i d e n t i a l r e n t a l project of approxlnately 796 units to be located at the intersection of Homer Eoad and Botts Avenue i n Woodbridge i n Prince William County, V i r g i n i a . The following proposed Eesolution was presented for Council's consideration of approval:

WEEREAS, the Earrisonburg Redevelopment and Bousing Authority (the- "Authority") has held a public hearing on 'July 16, 1986, regarding the issuance by the Authority of its revenue refunding bonds in an amount not to exceed $ 21,600,000 (the. "Bonds"), all of the proceeds of which will be used to refund a portion of its $ 41, 000, 000 Multi-Family Bousing Bonds (Country Run Apartments Project), Series 1985A, issued on December 31, 1985, to assist Country Run Apartments, Ltd. (the "Developer"), in the financing of the acquisition and construction of a portion of a multi-family apartment project of approximately 796 units to be located at the intersection of Earner Road and Botts Avenue in Woodbridge in Prince William County, Virginia (the "Project"); and • -

. • .WEEREAS, the Authority has recommended that the City Council of the City of Earrisonburg, Virginia (the "City Council"), approve the issuance of the Bonds to comiply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the

128. "Code"); and

WEEREAS, a oopy of the Authovity.'s resolution approving the issuance of' the Bonds, a record of the public hearing and a' "fiscal impact statement" with respect to the Project have been filed with the City Council,

BE IT RESOLVED BY TEE CITY'COUNCIL OF TEE CITY OF EARRISONBURG, VIRGINIA: '1. The -City Council approves the- issuance of the Bonds by the Authority

for the benefit of the Developer to the extent required by -Sec. 103 Ck) - of the Code to permit the Authority to assist in the financing of the - Project. 2. The approval of the issuance of the Bonds, as required by Sec. 103(k) of the Code does not constitute an endorsement of the Bonds or the creditworthiness of the Developer, but, as required by Section 36-29 of the Code of Virginia of 1950, as amended, the Bonds shall provide that the Bonds shall not be a debt of the City of Earrisonburg, Prince

• William County, the Commonwealth of Virginir or any political subdivi--sion thereof (other than the Authority) and neither the City of Earrison­burg, Prince William - County, the Commonwealth of Virginia nor any poli­tical subdivision thereof (other than the Authority) shall be liable thereon, nor in any event shall the Bonds be payable out of any funds or properties - other than those of the Authority specifically pledged thereto. The Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restric­tion.

3. This resolution shall take effect immediately upon its adoption. ADOPTED and APPROVED this day of , 1986.

Mayor Atteste:

Clerk . With the understanding that a l l was i n order f o r approval of the Issue, Vice-I.fe,yor Dingledine offered a motion f o r the Resolution, as presented, to be approved, with authorization f o r the proper o f f i c i a l s to sign the same. The motion was seconded by Coxmcil Member Robinson, and adopted by a xmanimous recorded vote of Coxmcil.

'^^EoT Coxmcil's consideration of approval, the following proposed Resolution was presented and read:

WEEREAS, the City' Council of the City of Earrisonburg, Virginia (the Council) approved an industrial development bond financing on behalf of Wharton, Aldhizer & Weaver (the Applicant) on October 7, 1985 for the construction of an office building to be located on Mason Street; and

WEEREAS, the Applicant has determined that it was necessary to relocate the project approximately one block south on Mason Street; and

WEEREAS, such relocation is an insubstantial change in the Project, NOW, TEEREFORE, BE IT RESOLVED by the City Council of the City of Earrison­

burg, Virginia, that the - City Council's prior approval of this Bond Project shall extend to the project as relocated.

Attorney George H. Roberts, J r . informed Coxmcil that i n 1985 when the Bond Issue was approved, plans were to relocate the o f f i c e building on either the United V i r g i n i a Bank or Dominion Bank properties located on Mason Street. Since then, arrangements were made to acquire the Richard Chew property located approximately one block south of United V i r g i n i a Bank and across Mason Street from Dominion Bank. He noted that xmder the Federal Tax law r e l a t i n g to Indxxstrial Development Bonds, insubstantial varia-tions i n the o r i g i n a l notice and approval, w i l l not adversely affect an issue of Bonds, but Coxmcil's concxxrrence of the relocation i s necessary. Coxmcil Member Rhodes offered a motion f o r the Resolution to be approved, with authorization for the Clerk to c e r t i f y said action. The motion was seconded by Coxmcil Member Shank, and adopted by a xmanimous recorded vote of Coxmcil.

The following proposed Redolution was presented f o r Coxmcil's consideration of approval: WEEREAS, on July 18, 1984, the President of the United States signed

into law the Deficit Reduction Act of 1984 ("Act") which placed certain limitations on the volume of Private Activity Bonds to be issued by any state; and

WEEREAS, pursuant to the authority vested in him pursuant to the Act, the Governor of Virginia issued Executive Order 54(85)(Revised) ("Order") providing a formula for the allocation of the State Ceiling, as defined in the Order; and

WEEREAS, the Order authorizes the City Council of the City of Earrison­burg, Virginia ("City Council") to allocate the portion of the State Ceiling to the issuing authorities within the City of Earrisonburg, Virginia ("City"); and,

WEEREAS, the City Council now desires to allocate $1,000,000 of its $1,957,500 portion of the State Ceiling to the Industrial Development Authority of the City of Earrisonburg, Virginia ("Authority") for the benefit of Sierra Manufacturing Company of Virginia, Inc.,

NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF TEE CITY OF EARRISONBURG, VIRGINIA:

1. The City Council hereby allocates $1,000,000 of its $1,957,500 portion of the State Ceilinp~on private activity bonds to the Authority for the benefit of Sierra Manufacturing Comrpany of Virginia, Inc. to cover a $1,000,000 industrial development revenue bond to be issued by the Authority, the proceeds of which are to be used to finance the construction and equipping of an addition to an existing facility for the manufacture of wood stoves.

2. This Resolution shall take effect immediately upon its adoption. '' ADOPTED and APPROVED this day of , 1986.

Clerk Attorney George H. Roberts, J r . , explained that inaanuch as al l o c a t i o n was not available f o r t h i s small business project l a s t year, the Governor's Office was contacted, with approval granted f o r t h i s special a l l o c a t i o n . On motion of Coxmcil Member Robinson, seconded by Vice-Mayor Dingeldine, and a xmanimous recorded vote of Coxmcil, the Resolution was approved, and a l l members of Coxmcil

_ ^ ^ 129

signed the No-Bribery C e r t i f i c a t e , on request form.

^^'The following Planning Conmission report frcm i t s August 2Gth meeting was presented: ".. .After-re ae-tvi-ng a peti-ti-on signed hy 16 'nearby property owners

and hearing Brockway Plastics officials discuss their parking prohlem, Mr. Milam moved that the Planning Commission recommend the rezoning of Lot 24 on Brook Avenue from R-2 Residential to M-1 Industrial and deny the rezoning of Lot 40 which is located immediately east of the factory building.- The motion was seconded by Mr. Eughes, with all members voting in favor..."

Planning Director S u l l i v a n c a l l e d attention to the attached drawing, showing location of the two l o t s i n question, and noted t h i s as an imusual s i t u a t i o n , i n that the Conmission had reccomended approval fo r rezoning of the one l o t , and denial of the other. He noted no opposition from residents with regard to the l o t on the Brook Avenue side, but opposition from residents to the east of the plant. Rezoning of the Brook Avenue l o t would provide roan f o r widening the entrance, permitting trucks to enter the loading dock. Mayor Green said the two requests should be acted upon separately, and asked members' wishes. Council Member Shank offered a motion f o r Council to accept the Planning Conmission report and schedule a public hearing f o r Tuesday, October Mth, 7:30 p.m., concerning proposed rezon­ing of Lot 24 on Brook Avenue from R-2-Residential to M-1 Ind u s t r i a l . The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council. The Vice-Mayor then offered a motion f o r Council to approve the reconnendation of the C i t y Planning Caimission, denying rezoning of Lot 40 to the east of the plant. The motion was seconded by Council Member Shank, and adopted by a unanimous vote of Council. The City Manager was instructed to properly advertise the October 14th public hearing.

The following Planning Conmission report from i t s August 20th meeting was received by Council: "...The Commissioners reviewed a plat drawn hy Surveyor Bobby Owens,

showing the resubdivision of Lot. 56 in Section 2 of Earmony Eeights Sub­division. The property is on South Burkwood Court. A duplex dwelling has been built and Mr. Turner desires to sell each unit separately. If resub­divided, each lot will have over 8, 500 square feet of area.

Mr. Eartman moved that the Planning Commission recommend approval. Mr. Eeath seconded the motion and all members voted in favor..."

Planning Director Sullivan c a l l e d attention to the attached p l a t , and pointed out location of the sizable l o t which i s not too f a r east frcm Park Mennonite Church. Jtr. John Mauzy, r e a l t o r , noted that the l o t i n question i s one o f the l o t s i n Harmony Heights, designed to be s p l i t , should duplex or multi-family dwellings be constructed. He said the duplex i s about a week away from completion, with anticipated sale closing. Council Meriber Shank offered a motion for the recommendation of the Planning Conmission, approving the Gary Tumer l o t , to be approved. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

Council received the following report frcm a Planning Canmission meeting held on August 20th: "...The Commissioners were oriented to an overall map of the north portion

of Earrisonburg. E.E.C. 's representative, John Driver, described a plat by Surveyor Eal Benner, showing a proposed 3.2 acre lot to be sold by Lillian Shiokel • to E.E.C. as the site for an electric substation. The lot will front on the north side of Mt. Clinton Pike, between Sampler's Mill and E.Liberty Street. There-will be no need to serve the site with water and sewer lines.

Mr. Trobaugh offered a motion for the Planning Commission to recommend approval. Mr.Rhodes seconded the motion and all members voted in favor..."

Planning Director S u l l i v a n referred to the attached p l a t , noting two homes on the Shickel property. He said the Conmission had treated the arrangonent as a subdivision, i n that the Shickel property i s being divided to create the parcel. On motion of Council Member Shank, seconded by Council Meriber Robinson, and a unanimous vote of Council, the recommendation of the Planning Conmission was approved.

City Attomey Thumma presented f o r consideration of a second & f i n a l reading, an ordinance amending Section 6-2-9 of the Ci t y Code e n t i t l e d : "Accumulation of junk, mbbish or garbage on pranises i n open view." He noted that question was raised on August 12th, when the ordinance was presented f o r a f i r s t reading, concerning the fact that paragraph (e) had not been changed to include a time l i m i t on junk dealers and establishments engaged i n the repair, etc. of equipment, f o r same to be ranoved from public view, as suggested on July 22nd when the ordinance was f i r s t presented. Follow­ing h i s contact with former C i t y Attorney Lapsley,. as instmcted by Council, Attomey Thunma c a l l e d attention to paragraph (e) stating as follows: "This sectionshall not apply to licensed juirk dealers which are regulated by Section 12-1-43 of the Harrisonburg C i t y Code." Council Manber Rhodes offered a motion for the ordinance amending Section 6-2-9 of the Ci t y Code to be approved for second & f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The notion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council. (Refer to Ord. Bk "L" page 74).

For Council's consideration of a f i r s t reading. C i t y Attorney Thunma presented an ordinance amending and re-enacting Section 13-1-3 of the Harrisonburg C i t y Code, e n t i t l e d : "Adoption of state law." He explained that the i d e n t i c a l amendment approved i n May of t h i s year, applied to any changes i n t r a f f i c laws which were approved by the General Assembly f o r f i s c a l year 1985-86, while the o r d i ­nance up for adoption at t h i s time w i l l cover any changes during f i s c a l year 1986-87. He noted that the ordinance w i l l have to be enacted p r i o r to each new f i s c a l year, i n order to cover regulations fo r the coming f i s c a l year. Council Manber Robinson moved that the ordinance be approved f o r a f i r s t reading. The motion was seconded by Vice-Mayor Dingledine,and adopted by a unanimous recorded vote of Council.

City Manager Milam presented correspondence dated 8/13/86 from C i t y Treasurer Beverly M i l l e r , requesting that Section 13-1-15 of the Harrisonburg C i t y Code, e n t i t l e d : "City Motor Vehicle License", be amended under paragraph (o) by changing date of Septanber 30th to October 15th, representing the deadline on which a refund may be requested for 1/2 of amount paid f o r same when obtained, with deter­mination that the vehicle w i l l not be used i n the Ci t y of Harrisonburg for the ranainder of the license period. She noted that motor vehicle licenses issued on or after October 15th of each year, are pro-rated to one-half of the license fee. Vice-Mayor Dingledine offered a motion for the ordinance to be approved for a f i r s t reading, and referred to the City Attomey to be drawn i n proper ordinance form. The motion was seconded by Council Member Rhodes, and adopted by a unanimous recorded vote of Council.

130 mt\x regard to proposed changes i n the V&lliam G. Myers Armory Assenbly H a l l , by the Department

of M i l i t a r y A f f a i r s , which had been opposed by action of the Harrisonburg Parks & Recreation Conmis­sion, and endorsed by Ci t y Council, City Manager Milam read the following communication of 8/19/86 from John G. Castles, Major General. The Adjutant General, f o r information, addressed to Delegate Paul C. Cline:

I have just reoeived the official authority from the National Guard Bureau to build our addition to the Earrisonburg Armory without reducing ' the size of the drill floor providing we furnish the funds for the necessary design change. We are prepared to do that.

We appreciate the long and friendly relations we have had with the City • of Earrisonburg and their support of the local- unit. We will always do any­thing- we can to maintain that relationship.

I am glad you called me on this issue and pleased that we were able' to meet your request and hopefully the desires of the city officials.

Coimcil received the following proposed.Lease Agreement between the City of Harrisonburg and , Valley Blox, Inc., t o r lease of c i t y owned land to the fir m f o r storage purposes:

TEIS LEASE, made and entered into this 6th'day of August, 1986, by and between CITY OF EARRISONBURG, a Virginia municipal corporation, hereinafter referred to as "Lessor", party of the first part, and VALLEY BLOX, INC., a Virginia Corporation, hereinafter referred to as "Lessee", party of the second part;

WITNESSETE:

That the parties hereto covenant and agree as follows: 1) That the Lessor leases to the Lessee 2-1/2 acres of land, situate at

the old sewer treatment plant site between U.S.Eoute 11 and Interstate 81 in the southem portion of the City of Harrisonburg, Virginia.

2) ' The consideration for said lease shall be one annual payment in the ' sum of Three Thousand Dollars ($2,000. 00), payable in advance-.

3) The term of this lease shall-be one year beginning September 1, 1986. Lessor agrees that they will consider a renewal of said lease upon terms to be agreed on not later than thirty (30) days prior to the end of the term of • this lease. • • .

• 4) The Lessee shall place no permanent improvements on the leased premises and- shall only use the premises for storage of products manufactured by the Lessee. . • •

5) The Lessee agrees to keep said leased premises maintained in a neat and orderly fashion.

6) The Lessee assumes any and all liability for injury or damage which might occur on said leased premises as a result of its use of the premises and from the date hereof until-the termination date of this lease, Lessee shall keep the leased premises--insured at its sole cost and expanse, against claims for personal injury or property damage under a policy of general public liability insurance with limits of at least $2,000,000 for bodily injury and $50,000 for property damage. Said policy shall name both Lessor and Lessee as the insured.

IN WITNESS WEEREOF, the parties have caused their names to be signed by due authority. , .

CITY OF EARRISONBURG By, ^ .

VALLEY-BLOX, INC. By , (signed)

Orville V. Pence, President C i t y Manager Milam pointed out the fact that the Lease Agreement has already been signed by the President of Valley Blox, and noted that use of the acreage for storage, w i l l not int e r f e r e with any of the surroimding area. Council Member Rhodes moved that the Agreenent be approved, with authoriza­t i o n f o r the Mayor to sign the same on behalf of the C i t y of Harrisonburg. The motion was seconded by Council Member Bobinson, and adopted by a unanimous vote of Council. "^A request was presented from School Superintendent Hiner for approval of a supplenental appropria­

t i o n i n amount of $ 3,100 i n order to appropriate Federal funds f o r Adult Basic Education, I t was noted i n the request form that t h i s program was transferred to Massanutten Voc.Tech School, with no provisions made either i n the school budget or MVTC's budget. Inasmuch as State law requires that Federal funds be appropriated before expenditures can be made, $ 1,900 of the above amount w i l l be absorbed as the l o c a l portion of the program frcm the school budget. Vice-tiayor Dingledine offered a motion for the appropriation to be approved for a f i r s t reading, and that:

$ 3,100 chgd.to: School Fund (3302.01) Antic.Receipts- Fed. Adult Basic Education 3,100 approp.to: School Fund (221.00) Other Inst.Costs-Tuition-Other Divisions

The motion was seconded by Coimcil Meniber Robinson, and adopted by a unanimous recorded vote of Council.

C i t y Manager Milam reminded Council of the Necessity of appointing a Voting Delegate and Altemate Voting Delegate for the V i r g i n i a Municipal League meeting, which w i l l be held next month. Council Member Bhodes offered a motion f o r Mayor Walter Green to be appointed Voting Delegate, and Vice-Mayor Baymond Dinledine to be appointed as Altemate, The motion was seconded by Coimcil Menber Shank, and adopted by a majority vote of Council. The Mayor and Vice-Mayor abstaining.

Mayor Green asked members' wishes conceming the regular September 23rd meeting of Council, i n that i t w i l l c o n f l i c t with the VML meeting to be held September 21 - 23rd. On motion of Coimcil Member Bhodes, seconded by Vice-f.layor Dingledine, and a unanimous vote, the September 23rd meeting w i l l be cancelled, with special meeting to be ca l l e d , should a necessity arise.

C i t y Manager Mlam reported that information conceming various highway projects had been mailed out to members of Council, with additional infoimation received frcm Delegate Paul Cline, yesterday. A special session of the General Assembly has been c a l l e d by the Govemor's Offi c e f o r Septenber 15th

conceming transportation, highway projects, recomnendations for the 21st century, etc. He reviewed

131 varioiis projects, previously submitted to Council, and suggested that i t may be desired f o r some of the p r i o r i t i e s to be changed. Manager Milam touched on the issues of increased gasoline tax, increase i n sales tax and t i t l i n g tax, as w e l l as the w i n d f a l l on tax cuts which has received some p u b l i c i t y . He noted that a more indepth report w i l l be presented at the Septanber 9th meeting of Council, and asked manbers to be thinking of how Delegate Cline should re-act to these issues.

At 8:55 p.m., on motion of, Council Manber Rhodes, seconded by Council Member Shank and a unani­mous vote. Council entered an executive session to discuss, r e a l estate and personnel.

At 10:35 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourr]^.

CLERK myof Tuesday, September 9, 1986

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attomey E a r l Q.Thunma,Jr.; Clerk N. Arlene Loker; Vice-f.Iayor Raymond C Dingledine, J r . ; Council Manbers Elon W. Rhodes, Thonas H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman "and Chief of P o l i c e Richard W. Presgrave. Absent: none. .

Minutes of the regular meeting held on August 26th, were approved as read.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of August, 1986. Frcm the C i t y Treasurer:

A t r i a l balance report as of close of business on August 31, 1986. From the P o l i c e Department:

A report of cash collected fron street parking meters, $ 8,470.63; fines -& costs, $ 1,668.70; t o t a l cash collected, paid on accounts and tumed over to C i t y Treasurer f o r month of August, 1986, $ 10,089.33. From the C i t y Auditor:

A report of cash discounts saved i n pajiment of vendor' s invoices f o r month of August, 1986, i n t o t a l amount of $ 491.77. From the Dept.of U t i l i t y B i l l i n g :

A report of water, sewer 8s refuse accounts; meters read; i n s t a l l a t i o n s ; ^ t delinquents; complaints; re-reads, etc. f o r month of August, 1986.

For information. Council received the Report on Audit of Commonwealth Revenues, f o r the Office of C i t y Treasurer, f i s c a l year ended June 30, 1986, prepared by the Auditor of Public Accoxmts, Commonwealth of V i r g i n i a . From the report. C i t y Manager Milam noted co l l e c t i o n s i n amoxmt of $ 1,416,805 - remittances of $ 1,415,583 - leaving a balance of $ 1,222. A copy of the report w i l l be i n the Office of C i t y Ilanager f o r review, i f so desired.

'^Correspondence dated 8/29/86 from fc. F. J . Soucek, D i s t r i c t Manager of V i r g i n i a Power, was presented. Request was made f o r changes to be made i n the t r a f f i c signals at the intersection of South I/[ain Street and Mosby Road, to provide l e f t txxrn arrows f o r vehicles txirning l e f t from South Main onto East Mosby Road and West Mosby Road. I t was noted that the firm's vehicle operators, and other drivers, have d i f f i c u l t y txxming onto East and West Mosby Road from the e x i s t i n g txxrn lanes, and that, the absence of l e f t txxrn arrows causes additional t r a f f i c obstmction and safety hazards, Vice-Mayor Dingledine offered a motion for the request to be referred to the Harrisonbxirg Transporta­t i o n Safety Conmission for review and report. The motion was seconded by Coxmcil Manber Rhodes, and adopted by a xmanimoxxs vote of Coxmcil,

' ' ^ t y Manager Jlilam reported f o r information, that n o t i f i c a t i o n had been received fron the Dept. of Conservation 8t H i s t o r i c Resources - D i v i s i o n of L i t t e r Control, that Harrisonburg's application for a L i t t e r Control Grant had been approved i n the amoxmt of $ 3,064. He noted that a l l fxmds must be spent dxiring the Grant Period July 1, 1986 - Jxme 30, 1987.

Mrs. Fredda Marshall, Operator of the Main Street Dance Studio located on the 3rd f l o o r of the A 8s N Atore (former Leggett Bldg.), was present i n the meeting i n order to "go public" with a recent development. She informed Coxmcil that the City's Recreation Department has i n s t i t u t e d a dance program, and not only p a r a l l e l e d her schedule, but i s offering classes at one-half her charge. Former instmctors from her studio are now a f f i l i a t e d with the Department's Program, and l e t t e r s were mailed out to students of Main Street Dance, as w e l l as others, s o l i c i t i n g students. As a r e s u l t , her bxxsiness has been affected to the extent that she may be forced to close her studio, with yet another downtown bxxsiness " b i t i n g the dust." In spite of a l l e f f o r t s to contact the Recreation Department conceming the matter, her c a l l s were not retxxrned, forcing her to obtain l e g a l coimsel. Had the Recreation Department's Program been i n operation, p r i o r to the opening of her studio, Mrs. Marshall sa i d she would have had no complaint. Inasmuch as she operates a c i t y business and pays the c i t y ' s license-tax, as w e l l as rent and l i a b i l i t y insurance, Jlrs. Marshall objected to the " c i t y going into the dance business." She requested an answer and "soon." Mayor Green said that C i t y Coxmcil "has had no part i n any of t h i s . " Vice-Mayor Dingledine, a representative of Coxmcil on the Parks 8s Recreation Commission, said an e f f o r t would be made to c l a r i f y t h i s throxxgh a meeting with Mr.Gilkerson, Parks 8s Recreation Director, but added the fact that "there i s much more to this- than has been revealed." Follo-wing discussion. Mayor Green instmcted C i t y Attomey Thxxmma, Vice-Mayor Dingledine and Recreation Director Gilkerson, to meet -with Mrs. Marshall and her attorney, T.J.Wilson, TV, i n order to c l a r i f y the s i t u a t i o n . He informed Mrs. Marshall that she would be n o t i f i e d of the meeting date, when determined,

' ^ o r consideration of a second 8s f i n a l reading. City. Attorney Thumma presented an ordinance amend­ing and re-enacting Section 13-1-3 of the C i t y Code e n t i t l e d : "Adoption of State Law." He explained

^ ^ ^ ^ 131 vario-us projects, previously submitted to Council, and suggested that i t may be desired f o r seme of the p r i o r i t i e s to be changed. Manager Milam touched on the issues of increased gasoline tax, increase i n sales tax and t i t l i n g tax, as w e l l as the w i n d f a l l on tax cuts which has received some p u b l i c i t y . He noted that a more indepth report w i l l be presented at the Septetriber 9th meeting of Council, and asked members to be thinking of how Delegate Cline should re-act to these issues.

At 8:55 p.m., on motion of, Council Member Ehodes, seconded by Council Manber Shank and a -unani­mous vote. Council entered an executive session to discuss r e a l estate and personnel.

At 10:35 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meet^^^^^^adjou^^^ - ' C

____ . \mQK

Tuesday, September 9, 1986

At a, regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q.Thunma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C Dingledine, J r . ; Council Members Elon W. Rhodes, Thomas . H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman "and Chief of P o l i c e Richard W. Presgrave. Absent: none. ,

Minutes of the regular meeting held on August 26th, were approved as read.

The following regular monthly reports were presented and ordered f i l e d : Erom the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of August, 1986. Eron the C i t y Treasurer:

A t r i a l balance report as of close of business on August 31, 1986. From the P o l i c e Department:

A report of cash collected from street parking meters, $ 8,470.63; fines -Ss costs, $ 1,668.70; t o t a l cash collected, paid on accounts and f-urned over to C i t y Treasurer f o r month of August, 1986, $ 10,089.33. From the City Auditor:

A report of cash discounts saved i n payment of vendor's invoices f o r month of August, 1986, i n t o t a l amount of $ 491.77. From the Dept.of U t i l i t y B i l l i n g :

A report of water, sewer St refuse accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc. f o r month of August, 1986.

For infoimation. Council received the Report on Audit of Commonwealth Revenues, for the Office of C i t y Treasurer, f i s c a l year ended June 30, 1986, prepared by the Auditor of Public Accounts, Ccranonwealth of V i r g i n i a . From the report. C i t y Manager Milam noted co l l e c t i o n s i n amount of $ 1,416,805 - remittances of $ 1,415,583 - leaving a balance of $ 1,222. A copy of the report w i l l be i n the Office of C i t y Manager f o r review, i f so desired.

''Correspondence dated 8/29/86 from J/tr. F. J . Soucek, D i s t r i c t Manager of V i r g i n i a Power, was presented. Request was made for changes to be made i n the t r a f f i c signals at the intersection of South J/Iain Street and Mosby Road, to provide l e f t turn arrows for vehicles turning l e f t from South Main onto East Mosby Road and West Mosby Road. I t was noted that the firm's vehicle operators, and other drivers, have d i f f i c u l t y turning onto East and West Mosby Road from the e x i s t i n g turn lanes, and that the absence of l e f t turn arrows causes additional t r a f f i c obstruction and safety hazards. Vice-Mayor Dingledine offered a motion for the request to be referred to the Harrisonburg Transporta­t i o n Safety Commission for review and report. The motion was seconded by Council Member Rhodes, and adopted by a -unanimous vote of Council.

C i t y Manager Milam reported f o r infoimation, that n o t i f i c a t i o n had been received from the Dept. of Conservation Ss H i s t o r i c Resoiorces - D i v i s i o n of L i t t e r Control, that Harrisonburg's application for a L i t t e r Control Grant had been approved i n the amount of $ 3,064. He noted that a l l f-unds must be spent during the Grant Period July 1, 1986 - June 30, 1987.

'Mrs. Fredda Marshall, Operator of the Main Street Dance Studio located on the 3rd f l o o r of the A Ss N Atore (former Leggett Bldg.), was present i n the meeting i n order to "go public" with a recent development. She informed Coimcil that the City's Recreation Department has i n s t i t u t e d a dance program, and not only p a r a l l e l e d her schedule, but i s o f f e r i n g classes at one-half her charge. Former instructors from her studio are now a f f i l i a t e d with the Department's Program, and l e t t e r s were mailed out to students of Main Street Dance, as w e l l as others, s o l i c i t i n g students. As a r e s u l t , her business has been affected to the extent that she may be forced to close her studio, with yet another downtown business " b i t i n g the dust." In spite of a l l efforts- to contact the Recreation Department concerning the matter, her c a l l s were not returned, forcing her to obtain l e g a l counsel. Had the Recreation Department's Program been i n operation, p r i o r to the opening of her studio, J-Irs. Marshall said she would have had no complaint. Inasmuch as she operates a c i t y business and pays the c i t y ' s license- tax, as w e l l as rent and l i a b i l i t y insurance, Mrs. Marshall objected to the " c i t y going into the dance business." She requested an answer and "soon." Mayor Green said that C i t y Council "has had no part i n any of t h i s . " Vice-Mayor Dingledine, a representative of Coimcil on the Parks Ss Recreation Conmission, said an e f f o r t would be made to c l a r i f y t h i s through a meeting with Mr.Gilkerson, Parks Ss Recreation Director, but added the fact that "there i s much more to this- than has been revealed." Following discussion, Mayor Green instructed C i t y Attomey Thumma, Vice-Mayor Dingledine and Recreation Director Gilkerson, to meet with Mrs. Marshall and her attorney, T.J.Wilson, IV, i n order to c l a r i f y the s i t u a t i o n . He informed Mrs, Marshall that she would be n o t i f i e d of the meeting date, when determined.

^ ^ o r consideration of a second Ss f i n a l reading. City. Attorney Thumma presented an ordinance amend­ing and re-enacting Section 13-1-3 of the City Code e n t i t l e d : "Adoption of State Law." He explained

J32 ^ that the ordinance, which was approved f o r a t i r s t reading on August 26th, w i l l cover regulations adopted by the General Assembly conceming operation of motor vehicles during f i s c a l year 1986-87, and that the ordinance must be re-enacted annually, p r i o r to the beginning of each new f i s c a l year. • Council Meriber Rhodes moved that the ordinance be approved f o r second Ss f i n a l reading, with authori­zation for the Mayor to sign•the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Council Meriber Shank, and adopted by a imanimous recorded vote of Council. (Refer to Ord. Bk "L", page 75).

* ^ C i t y Attorney Thumma presented, for consideration of a second Ss f i n a l reading, an ordinance amending and re-enacting Section 13-1-15 of the C i t y Code e n t i t l e d : " City Motor Vehicle License." He infoimed Council that a l l seemed to be i n order for i t s approval, i n that he had discussed with C i t y Treasurer Beverly M i l l e r , the requested change of date from September 30th, to October 15th, under paragraph (o), as the deadline f o r refimd requests on auto license plates or windshield s t i c k e r s , providing the vehicle would not be used f o r the remainder of the license period. Qualifying refimds would be for one-half amount of o r i g i n a l cost. Vice-Mayor Dingledine moved that the ordinance be approved for second Ss f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Coimcil Menber Robinson, and adopted by a imanimous recorded vote of Council. (Refer to Ord.- Bk "L", page 76).

"" ' ^ i t y Manager Milam informed. Coimcil that he had toured the c i t y , along with Vice-Mayor Dingledine, C i t y Engineer Wilcox, Senator Kevin M i l l e r and Delegate Paul Cline, f o r the purpose of c i t i n g improve­ment needs to streets, sidewalks, etc. He gave a verbal description of the route followed, and then reviewed a report of a Highway Needs Survey. Manager Milam noted that projects would be overwhelming and the General Assembly may do nothing. Although the street and highway project schedule w i l l renain i n the manual, i t does not prevent Coimcil from presenting a resolution i n s i x months, setting out certain projects for p r i o r i t y . The report was for information.

Council Meriber Robinson moved that a supplemental appropriation i n amount of $ 3,100, requested by School Superintendent Hiner i n order to appropriate Federal funds for Adult Basic Education at Massanutten Voc Tech School, be approved f o r second Ss f i n a l reading, a f i r s t reading having been approved on August 26th, and that:

$ 3,100 chgd.to: School Ptmd (3302.01) Antic. Recpts.- Fed.Adult Basic Ed. 3,100 approp.to: School Fund (221.00) Other Inst.Costs- Tuition-Other Div.

The motion was seconded by Coimcil Member Shank, and adopted by a imanimous recorded vote of Coimcil,

A request was presented frcm Water/Sewer Superintendent Yancey for approval of a supplemental appropriation i n amount of $ 467,200 i n order to appropriate funds for repair of flood damage at Dry River and Switzer Dams, I t was noted that 94% of the t o t a l amount would be made available as the Federal/State share, with the remaining 6% i n amount of $ 28,100 to be the r e s p o n s i b i l i t y of the c i t y . C i t y Manager Milam noted that although approval had been granted by the Federal Emergency Management Agency (FEMA), f i n a l payment i s contingent upon the work being accomplished as approved by the scope of the Damage Survey Reports and f i n a l inspections of completed work. Following a b r i e f discussion, Coimcil Member Rhodes offered a motion for the appropriation to be approved for a f i r s t reading, and that:

$ 28,100 chgd.to: Water Fund - Unappropriated Fund Balance 439,100 chgd.to: Water Fund (2404-2404.10) State Emerg.Serv.-Flood Damage 414.110 approp.to: Water Fund (2-3004.05) Maint. Ss Repairs- Flood Damage- 81C 53,090 approp.to: Water Fund (2-3004.06) Maint. Ss Repairs- Flood Damage- 22B

The motion was seconded by Coimcil Member Shank, and adopted by a imanimous recorded vote of Council,

Coimcil was reminded that the second terms of two meribers of the Harrisonburg-Rockingham Mental Health Ss Mental Retardations Services (Chapter 10) Board, had ezpired as of July 1, 1986. Mayor Green asked members' wishes concerning appointments. Vice-Mayor Dingledine offered a motion for Dr. G. William Harper, 38 Laurel Street, Harrisonburg, and Miss Albimyer Arrington, 1125 Mt.View Drive, Harrisonburg, to be appointed f o r f i r s t terms of three years on the Board, expiring July 1, 1989, The motion was seconded by Council Menber Rhodes, and adopted by a unanimous vote of Coimcil,

7 Coimcil received a proposed Resolution f o r consideration of approval, prepared by Ci t y Attorney Thumma, concerning an exchange of r e a l property located at the intersection of Mt.Clinton Pike and Chicago Avenue, as w e l l as a Deed of Exchange between the C i t y of Harrisonburg and Donald F, Ss Juanita H. Mclfcillen. Attention was c a l l e d to a Memo from C i t y Engineer Wilcox to the C i t y Manager, setting out the determination of rights-of-way and monies involved i n the property exchange, based on square footage of the two parcels. On motion of Coimcil Member Shank, seconded by Council Member Robinson, and a imanimous recorded vote of Council, the following Resolution was approved:

WHEREAS, the rights-of-way of Chicago Avenue and Mt. Clinton Eike were moved and relocated a short distance from where they had previously run; and

WEEREAS, the abandoned portions of the Chicago Avenue and Mt.Clinton Pike rights-of-way that border Donald F. and Juanita E. McMullen are no longer used by the City and a portion of the property owned by Donald E. & Juanita E. McMullen that borders Mt. Clinton Pike needs to be acquired by the City; and

WEEREAS, the City desires to exchange the abandoned portions of said rights-of-way with Donald E. and Juanita E. McMullen based on a value of $ 2.50 per • square foot,

HOW, TEEREEORE, BE IT RESOLVED by the Council of the City of Earrisonburg,Va.: 1, That the Mayor execute a deed of exchange with Donald F. & Juanita H.

McMullen conveying the abandoned portions of the Chicago Ave. and Mt. Clinton Pike rights-of-way in exchange for u portion of the McMullen property needed by the City of Earrisonburg.

2. This resolution shall take effect immediately upon its adoption. ADOPTED and APPROVED this 9th day of September, 1986.

Clerk

/ City Manager MLlam informed Council that the c i t y had been accepting materials at the Resource Recovery F a c i l i t y , beginning Septenber 1st, and that he had asked for a report frcm the plant concem­ing the f i r s t week of operation. He reported on refuse which had been hauled to the c i t y ' s l a n d f i l l during the f i r s t week of i t s operation, by private haulers and c i t y tmcks. Manager Milam noted a

^ 133 problem with some of the jnoanufacturlng companies ( i . e . Walker, Valley Blox, Kawneer) disposing of materials which are not i n compliance with the c i t y code. The C i t y i s accepting these materials for the next couple of months, i n order to allow time f o r the companies to f i n d suitable locations to dispose of those materials.

' ' ^ u a c i l Member Ehodes, a manber of the Harrisonburg Transportation Safety Commission, offered a motion f o r Mr. James Baker to be appointed to serve on the Conmission, as replacement for lir.John Driver. He noted that Mr. Baker had been contacted, and consented to serve, i f so desired. The motion was seconded by Co-uncil Member Shank, and adopted by a imanhnous vote of Council.

^ Vice-Mayor Dingledine offered a suggestion f o r removal of the l e f t turn arrow at the intersection of Mason Si East Market Streets, i n that he f e l t there could be two lanes of t r a f f i c east on Market Street. He moved that the matter be referred to the Harrisonburg Transportation Safety Ccmmission, for review and report. The motion was seconded by Council Member Eobinson, and adopted by a manimous vote of C o m c i l .

' ^ - ^ m c i l Member Eobinson noted s i t e d i f f i c u l t y at the intersection ot Keezletown and Comtry Club Roads when driving at night, and asked the p o s s i b i l i t y of a pole l i g h t at t h i s - l o c a t i o n . C i t y Manager Milam offered an opinion that when the shopping center i s constructed on the north side of Market Street, t h i s should take care of that location insofar as l i g h t i n g . He was asked to keep t h i s mder consideration when the l i g h t i n g i s i n s t a l l e d f o r the Center.

/•fee-Mayor Dingledine said he would l i k e a study made of the C a n t r e l i Ave/Paul Street intersec­t i o n , f o r provision of a right turn lane going south on C a n t r e l i . Mayor Green made reminded that C o m c i l had approved the Cantrell/Paul intersection improvement plan designed by the V i r g i n i a Dept. of Highways Si Transportation, and reconmended by the Harrisonburg Transportation Safety Conmission, at i t s regular meeting on August 13, 1985. He asked the C i t y Manager to check on the s i t u a t i o n , insofar as t r a f f i c going south on C a n t r e l i , i n r e l a t i o n to the improvement plan.

At 8:40 p.m., on motion by C o m c i l Member Eobinson, seconded by Vice-Mayor Dingledine, and a manimous vote, C o m c i l entered an- executive session to discuss personnel, l e g a l and r e a l estate matters. •

At 10:50 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

CLEEK MYg

Tuesday, October 14, 1986

At a regular meeting of C o m c i l held i n the C o m c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q. Thunma,Jr.; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; C o m c i l Members Elon W. Rhodes, Thomas H. Itobinson, I I , Charles L„ Shank; C i t y Auditor P h i l i p L. Peteiman arid Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on Septanber 9th, were approved as corrected.

Regular monthly reports were presented and ordered f i l e d , as follows: From.the C i t y Manager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of Septanber, 1986.

• From the C i t y Treasurer: A t r i a l balance report as of close of business on Septanber 30, 1986.

From the P o l i c e Department: A report of Fines Si Costs, $ 6,277.90; Cash Collected from street parking

meters, $ 6,846.64; Total cash collected, paid on accomts and turned over to C i t y Treasurer f o r month of September, 1986, $ 13,124,54. From the C i t y Auditor:

A f i n a n c i a l report f o r the C i t y of Harrisonburg, month of September, 1986. A report of cash discomts saved i n payment of vendor's invoices f o r month

of September, 1986, $ 478.13. From the Department of U t i l i t y B i l l i n g :

A report of water, sewer Ss refuse accomts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc.for month of Septanber, 1986.

Ci t y Manager Milam presented the Financial Report f o r Harrisonburg E l e c t r i c Comnission, f i s c a l year ended Jme 30, 1986, prepared by the CPA firm of McGladrey, Hendrickson Ss Pullen. He noted assets of $ 22,539,433 and l i a b i l i t i e s i n a l i k e amomt. A copy of the report w i l l be on f i l e i n the o f f i c e of C i t y Manager, for review.

C i t y Manager Milam c a l l e d attention to f i n a n c i a l statements for the Shenandoah Valley Airport Conmission, F i s c a l Year ended Jme 30, 1986, prepared by the CPA Firm of Forrest Airhart Associates, Ltd., and noted that a copy would be on f i l e i n h i s o f f i c e f o r review.

Attention was c a l l e d to the Harrisonburg-Rockingham Regional Sewer Authority Report' on Examina­t i o n , Jme 30, 1986, prepared by the CPA firm of S.B.Hoover Ss Company. A copy of the report w i l l be available f o r review i n the o f f i c e of C i t y Manager.

""'^rrespondence dated 9/18/86 was presented fron I/fr. Dwight Hartman, Chairman of the Board, Truck Enterprises, Inc., expressing concern about t r a f f i c control on South Main Street and E x i t 62 from 1-81. . I t was pointed out that part of the present problem i s that the double l i n e on the roadway i n front of the business establishment, 3440 S.Main Street, i s between the center lane and the southbomd lane. When any southbomd car or truck coming from the downtown area. South Main Street, or the interstate e x i t wants to come into Truck Enterprises or Teco Lease Corporation, they

133 problem w i t h some of the jip.niifactrxring corpaxiies ( i . e . Walker, V a l l e y B l o x , Kawneer) d i s p o s i n g of m a t e r i a l s which are not i n compliance w i t h the c i t y code. The C i t y i s accepting these m a t e r i a l s f o r t h e next couple of months, i n order t o a l l o w time f o r the companies t o f i n d s u i t a b l e l o c a t i o n s t o dispose of those m a t e r i a l s .

' ' ^ u n c i l Member Ehodes, a member of the Harrisonburg T r a n s p o r t a t i o n S a f e t y Comnission, o f f e r e d a motion f o r Mr. James Baker t o be appointed t o serve on the Conmission, as replacement f o r Mr.John D r i v e r . He noted t h a t Mr. Baker had been contacted, and consented t o serve, i f so d e s i r e d . The motion was seconded by C o i m c i l Member Shank, and adopted by a imanimous vote of C o u n c i l .

Vice-Mayor D i n g l e d i n e o f f e r e d a suggestion f o r r a n o v a l of the l e f t t u m arrow at the i n t e r s e c t i o n of Mason & East Market S t r e e t s , i n t h a t he f e l t t h e re c o u l d be two lanes of t r a f f i c east on Market S t r e e t . He moved t h a t the matter be r e f e r r e d t o the Harrisonburg T r a n s p o r t a t i o n Safety Canmission, f o r review and r e p o r t . The motion was seconded by C o i m c i l Member Eobinson, and adopted by a imanimous vote of C o u n c i l .

i ^ o i m c i l Member Eobinson noted s i t e d i f f i c u l t y at the i n t e r s e c t i o n of Keezletown and Country Club Eoads when d r i v i n g at n i g h t , and asked the p o s s i b i l i t y of a p o l e l i g h t at t h i s l o c a t i o n . C i t y lianager Milam o f f e r e d an o p i n i o n t h a t when the shopping center i s c o n s t m c t e d on the n o r t h s i d e of Market S t r e e t , t h i s should take care o f t h a t l o c a t i o n i n s o f a r as l i g h t i n g . He was asked t o keep t h i s under c o n s i d e r a t i o n when the l i g h t i n g i s i n s t a l l e d f o r the Center.

/•fee-Mayor D i n g l e d i n e s a i d he would l i k e a study made of the C a n t r e l i Ave/Paul S t r e e t i n t e r s e c ­t i o n , f o r p r o v i s i o n of a r i g h t t u r n lane going south on C a n t r e l i . Mayor Green made reminded t h a t C o u n c i l had approved the C a n t r e l l / P a u l i n t e r s e c t i o n improvement p l a n designed by the V i r g i n i a Dept. of Highways & T r a n s p o r t a t i o n , and reconmended by the Harrisonburg T r a n s p o r t a t i o n Safety Commission, at i t s r e g u l a r meeting on August 13, 1985. He asked the C i t y Manager t o check on the s i t u a t i o n , i n s o f a r as t r a f f i c going south on C a n t r e l i , i n r e l a t i o n t o the improvement p l a n .

At 8:40 p.m., on motion by C o u n c i l Manber Robinson, seconded by Vice-Mayor D i n g l e d i n e , and a imanimous vote, C o i m c i l entered an executive s e s s i o n t o d i s c u s s personnel, l e g a l and r e a l e s t a t e matters. •

At 10:50 p.m., on motion du l y adopted, the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n reconvened. There being no f u r t h e r business, the meeting was adjoumed.

CLEEK MAYS

Tuesday, October 14, 1986

At a r e g u l a r meeting of C o i m c i l h e l d i n the C o i m c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q. Thumma,Jr.; C l e r k N. A r l e n e Loker; Vice-Mayor Eaymond C. D i n g l e d i n e , J r . ; C o i m c i l Members Elo n W. Ehodes, Thomas H. Eobinson, I I , Charles L. Shank; C i t y A u d i t o r P h i l i p L. Peterman arid C h i e f of P o l i c e E i c h a r d W. Presgrave. Absent: none.

Minutes of the r e g u l a r meeting h e l d on September 9th, were approved as c o r r e c t e d .

Eegular monthly r e p o r t s were presented and ordered f i l e d , as f o l l o w s : From the C i t y Manager:

A r e p o r t o f a c t i v i t i e s i n the v a r i o u s departments and s a i d o f f i c e f o r the , month of September, 1986. • From t h e C i t y Treasurer:

A t r i a l balance r e p o r t as o f c l o s e of business on Septanber 30, 1986. From the P o l i c e Department:

A r e p o r t of F i n e s & Costs, $ 6,277.90; Cash C o l l e c t e d from s t r e e t p a r k i n g meters, $ 6,846.64; T o t a l cash c o l l e c t e d , p a i d on accoimts and t u m e d over t o C i t y Treasurer f o r month of Septanber, 1986, $ 13,124.54. From the C i t y A u d i t o r :

A f i n a n c i a l r e p o r t f o r the C i t y of Harrisonburg, month of September, 1986. A r e p o r t of cash discounts saved i n payment of vendor's i n v o i c e s f o r month

of September, 1986, $ 478.13. Fran the Department of U t i l i t y B i l l i n g :

A r e p o r t of water, sewer & re f u s e accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, e t c . f o r month of September, 1986.

C i t y Manager Milam presented the F i n a n c i a l Eeport f o r Harrisonburg E l e c t r i c Commission, f i s c a l year ended June 30, 1986, prepared by the CPA f i r m of McGladrey, Hendrickson & P u l l e n . He noted assets of $ 22,539,433 and l i a b i l i t i e s i n a l i k e amount. A copy of the r e p o r t w i l l be on f i l e i n the o f f i c e o f C i t y Manager, f o r review.

C i t y Manager Milam c a l l e d a t t e n t i o n t o f i n a n c i a l statements f o r the Shenandoah V a l l e y A i r p o r t Commission, F i s c a l Year ended June 30, 1986, prepared by the CPA F i r m of F o r r e s t A i r h a r t A s s o c i a t e s , L t d . , and noted t h a t a copy would be on f i l e i n h i s o f f i c e f o r review.

A t t e n t i o n was c a l l e d t o the Harrisonburg-Eockingham Eegional Sewer A u t h o r i t y Eeport on Examina­t i o n , June 30, 1986, prepared by the CPA f i r m of S.B.Hoover & Company. A copy of the r e p o r t w i l l be a v a i l a b l e f o r review i n the o f f i c e of C i t y Manager.

Correspondence dated 9/18/86 was presented frcm J/tr. Dwight Hartman, Chairman of the Board, Tmck E n t e r p r i s e s , Inc., expressing concem about t r a f f i c c o n t r o l on South Main S t r e e t and E x i t 62 from 1-81. I t was p o i n t e d out t h a t p a r t o f the present p r o b l a n i s t h a t the double l i n e on the roadway i n f r o n t of the business establishment, 3440 S.Main S t r e e t , i s between the center lane and the southbound lane. When any southbound car o r t m c k coming from the downtown area. South Main S t r e e t , o r the i n t e r s t a t e e x i t wants t o come i n t o Tmck E n t e r p r i s e s or Teco Lease Corporation, they

134: must stop a l l t r a f f i c when northbound t r a t f i c preyents jnaJking an iirmediate t u r n , i n t o those p l a c e s o f business. I t was noted f u r t h e r t h a t the 55 nph speed l i m i t which begins i n f r o n t o f Truck Ent e r ­p r i s e s , adds t o the t r a f f i c problem, and creates a dangerous s i t u a t i o n which c o u l d r e s u l t i n s e r i o u s a c c i d e n t s . C o u n c i l Member Robinson o f f e r e d a motion f o r the correspondence t o be r e f e r r e d t o the Harrisonburg T r a n s p o r t a t i o n Safety Conmission, f o r i n v e s t i g a t i o n and r e p o r t . The motion was seconded by C o u n c i l Member Shank, and adopted by a unanimous vote o f C o u n c i l .

iX Correspondence dated 10/9/86 was presented from Mr. D.P.Davis, J r . , P r e s i d e n t o f Rockingham Development Corporation, r e q u e s t i n g C o u n c i l ' s c o n s i d e r a t i o n i n the rezoning of approximately 75 acres of t h a t p o r t i o n of the Rockingham County Farm t h a t l i e s between the C-W Railway and the C i t y L i m i t s , from R-1 R e s i d e n t i a l t o M-1 I n d u s t r i a l . I t was noted t h a t the area has r a i l frontage, 12" water l i n e , sewer l i n e on s i t e and n a t u r a l gas w i t h i n 400' w i t h a l a r g e area o f same c u r r e n t l y zoned M-1 f o r i n d u s t r i a l use. Mr. Davis s a i d t h a t the c o r p o r a t i o n i s a u t h o r i z e d by the property owner t o request the proper zoning, i n order t h a t the s i t e may be i n c l u d e d on the l i s t o f a v a i l a b l e s i t e s f o r area c e r t i f i c a t i o n . On motion of C o u n c i l Member Rhodes, seconded by C o u n c i l Member Robinson, and a unanimous vote o f C o u n c i l , the request was r e f e r r e d t o the C i t y P l a n n i n g Ccmmission f o r review and re p o r t .

C i t y Manager Milam presented correspondence dated 9/18/86 from Mr. H.J.Schiefer, 301 F l i n t Ave., Harrisonburg, suggesting t h a t the speed l i m i t i n the Rockingham Square - E r i c k s o n Road area of Eoute 42, be reduced from 45 mph t o 35 nph. He noted t h a t h i s frequent t r a v e l i n t h a t area, makes him cognizant of the high speed north-south t r a f f i c , and the east-west t r a f f i c t u r n i n g east o r west on E r i c k s o n Road, as w e l l as through north-south t r a f f i c sometimes being blocked by l a r g e r , slower v e h i c l e s , which are slowing f o r the t u r n t o E r i c k s o n Eoad. C o u n c i l Member Ehodes nx)ved t h a t the correspondence be r e f e r r e d t o the Harrisonburg T r a n s p o r t a t i o n Safety Canmission f o r i n v e s t i g a t i o n and r e p o r t . The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous vote o f C o u n c i l .

^ Mr. Robert G. Dinsmore, J r . , Chairman of the Harrisonburg Parks 8s Recreation Commission, was present i n the meeting conceming the matter of a c o n f r o n t a t i o n between i t r s . Fredda M a r s h a l l , Operate of the Main S t r e e t Dance Studio, and the Department o f E e c r e a t i o n . He presented the f o l l o w i n g r e s o l u t i o n which had been adopted by the Canmission a t a s p e c i a l c a l l meeting h e l d on September 24th, i n an e f f o r t t o r e s o l v e the s i t u a t i o n , f o l l o w i n g meetings which were h e l d by Mrs. M a r s h a l l and her attomey, E e c r e a t i o n D i r e c t o r G i l k e r s o n , Vice-D/Iayor Di n g l e d i n e (a r e p r e s e n t a t i v e o f C o u n c i l on the Commission) and C i t y Attorney Thunma:

WHEREAS, there -is a dispute hetixjeen the Depccrtment of Parks and Recreation of the City of Harrisonburg and Fredda Marshall trading as Main Street Pance Centre- and

WEEREAS, an agreement dated September 19, 1986 was entered into between the parties; and

WEEEEAS, -it is the understanding of the Commission that all parties have further agreed that if the City offers the same classes previously offered with the same or different instructors beginning January 1, 1987, Mrs. Fredda Marshall will not object,

BE IT EESOLVED that the Commission regretfully recommends that all dance classes presently offered, be cancelled until January 1, 1987.

BE IT FURTEER RESOLVED that if the above is not the understanding of the parties, the Commission recommends to the City Council that the Council not recognize the agreement of September 29, 2986 as being the agreement of the parties and the Council direct the Department to forthwith reinstitute its classes.

Mr. Dinsmore informed Coxmcil t h a t i t was the Ccmmission's f e e l i n g t h a t the E e c r e a t i o n Department had done no wrong i n i n s t i t u t i n g a dance c l a s s , which had been done i n past years, and t h a t " i f Mrs, M a r s h a l l had made a bad business d e c i s i o n , i t was up t o her." He added the f a c t t h a t a l a r g e and v o c a l turnout of those r e g i s t e r e d f o r the E e c r e a t i o n Department's dance program, were present i n the Commission meeting. C i t y A t t o m e y Thxxmma s a i d the r e s o l u t i o n answers the question o t a c t i o n taken by the Parks 8s E e c r e a t i o n Conmission, Mayor Green noted t h a t Coxmcil had been "caught i n the middle", which r e s u l t e d i n formation of the committee, and the Vice-Mayor s a i d the Commission had done i t s best t o r e s o l v e the s i t u a t i o n .

w^kt 8:00 p.m.. Mayor Green c l o s e d the r e g u l a r s e s s i o n t e n p o r a r i l y , and c a l l e d the f i r s t p u b l i c hearing of the evening t o order. C i t y llanager Milam read the f o l l o w i n g N o t i c e of Hearing as adver­t i s e d i n the D a i l y News Eecord newspaper on September 25th and October 9th:

The Earrisonburg City Council will hold a Public Hearing on Tuesday, October 14, 1986 at 7:30 p.m. in the City Council Chambers, 345 South Main Street, to consider the following rezoning request:

Brockway Plastics request to rezone Lot 24 on the east side of Brook Avenue from R-2 Residential to M-1 Industrial. Purpose: to increase off-street employee parking.

All persons interested, wil have an opportunity to express their views at this Public Hearing.

CITI OF EARRISONBURG- Marvin B. Milam, City Manager P l a n n i n g D i r e c t o r S u l l i v a n c a l l e d a t t e n t i o n t o the f o l l o w i n g P l a n n i n g Conmission r e p o r t , presented t o C i t y Coxmcil at i t s Ax;gust 26th meeting:

"...After receiving a petition signed by 16 nearby property owners and hearing Brockway Plastics officials discuss their parking problem, Mr. Milam moved that the Planning Commission recommend the rezoning of Lot 24 on Brook Avenue from R-2 Residential to M-1 Industrial, and deny the rezoning of Lot 40 which is located immediately east of the factory building. The motion was seconded by Mr. Eughes, with all members voting in favor..."

Mr. S u l l i v a n r e f e r r e d t o a map, s e t t i n g out l o c a t i o n of the very s m a l l grassed l o t , and noted t h a t rezoning would not o n l y provide f i v e a d d i t i o n a l p a r k i n g spaces f o r enployees, but a l s o widen the cxxrb cut f o r l o a d i n g and xmloading at the p l a n t . No o p p o s i t i o n t o the rezoning o f t h i s l o t was expressed at the Commission's p u b l i c hearing. Mayor Green c a l l e d on anyone present i n the Hearing who may d e s i r e t o be heard, e i t h e r f o r o r aga i n s t the rezoning request. There being none, the Hearing was decl a r e d c l o s e d at 8:05 p.m, and the r e g u l a r s e s s i o n reconvened.

Mayor Green a-sked manbers' mshes concerning the request t o r rezoning of Lot 24 on the east s i d e

of Brook Avenue from R-2 R e s i d e n t i a l t o I n d u s t r i a l . yice-Mayor D i n g l e d i n e o f f e r e d a motion f o r the recommendation o f the C i t y P l a n n i n g C a i m i s s i o n t o be approved. The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous recorded vote o f Councils

^ , . / ^ t 8:06 p.m_.. Mayor Green c l o s e d the r e g u l a r s e s s i o n t e m p o r a r i l y and c a l l e d the evening's second P u b l i c Hearing t o order. C i t y Manager Milam read the f o l l o w i n g N o t i c e of Hearing as a d v e r t i s e d i n the D a i l y News Record newspaper on October 2nd and October 10th:

The EaTvisonhvcpg City Council will hold a Public Bearing on Tuesday, October 14, 1988, 7:SO p.m. in the City Council Chambers, S46 S.Main St., Harrisonburg, Va., to consider closing the following, public street:

Hirsch Lane, 0.24 of an acre, located on the south side of Country Club Road ending at the C & W Railroad right-of-way.

All interested persons are invited to attend this hearing and express their concem.

CITI OF HARRISONBURG- Marvin B. Milam, City Manager C o u n c i l r e c e i v e d the f o l l o w i n g P l a n n i n g Commission re p o r t from i t s September 17th meeting:

"...The Commissioners reviewed Mr. Bernard Bolt's August 21, 1986 letter requesting the City to close a 110' x 50' paper street between,Country Club Road and the C-W Railroad. Mr. Bolt owns the property on both sides of the paper street. There are no utilities in it and since Country Club Court has been con­structed nearby, there will never be a need for this street, according to the Planning Director and City Staff.

Mr. Hughes moved that the Commission recommend the paper street be closed, and that City Council appoint a Board of Viewers to review the request and report their opinion to Council. Mr. Milam seconded the motion which passed unanimously.."

C i t y Manager Milam s a i d i t was h i s understanding t h a t appointment of a Board o f Viewers would not be necessary, i n t h i s i n s t a n c e , where - property on both-sides of the paper s t r e e t , i s under one owner­s h i p , and Pl a n n i n g D i r e c t o r , S u i t j v a n s a i d i t would -be o.k. w i t h the P l a n n i n g Commission t o " s k i p the

• s t i p u l a t i o n f o r Viewers, as s e t out i n the Commission's r e p o r t . " C i t y Attorney Thumma exp l a i n e d t h a t when t h e S u b d i v i s i o n P l a n was brought before the Pl a n n i n g Cornnission, t h i s p a r t i c u l a r s e c t i o n of s t r e e t was excluded, when other s t r e e t s were vacated. The s u b d i v i d e r was r e q u i r e d t o put i n curb and g u t t e r a t t h a t time, w i t h no payment r e q u i r e d f o r the 0.24 of an acre proposed f o r c l o s i n g , at t h i s time. He s a i d t h a t appointment o f V i e w e r s . i s d i s c r e t i o n a r y , and th a t C o u n c i l c o u l d forgo t h i s a c t i o n , i f so d e s i r e d , liayor Green c a l l e d on anyone present i n the meeting, d e s i r i n g t o be heard e i t h e r f o r o r against the proposed c l o s i n g . Attorney Steve B l a t t noted t h a t the owner i s developing another access i n t o the property, w i t h t h i s t r a n s a c t i o n r e p r e s e n t i n g a "trade of s t r e t s . " There being no others d e s i r i n g t o be heard, the Hearing was decl a r e d c l o s e d at 8:09 p.m. and the r e g u l a r s e s s i o n reconvened.

Mayor Green asked manbers' wishes concerning the request t o c l o s e 0.24 of an acre ( H i r s c h Lane). C o u n c i l Member Shank moved t h a t the reconmendation of the Pl a n n i n g Conmission be approved, ex c l u d i n g appointment of a Board o f Viewers. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a unanimous vote o t C o u n c i l .

The f o l l o w i n g r e p o r t trom a September 17th meeting of the C i t y P l a n n i n g Commission was presented: "...The Commissioners studied a site plan drawn by Copper and Smith, showing

a proposed 2-story professional office building on the 0. 78 acre Bemard Bolt property. The triangular parcel faces. Country Club Road and will also border Country Club Court. Mr. Copper said that Mri Bolt will.construct curbing along Country Club Road, 12' off the existing paved roadway, and 40 off-street parking spaces pZus landscaping will be placed on the site. The structure will look somewhat like a residence, since single family homes are located on the north side of Country Club Road, . facing .nearby Clay Street. Mr. Milam noted that Mr. Bolt has fully developed -Country Club Court and this request will improve th& appearance of the property and the area.

Mr. Hughes moved for the Commission to recommend the rezoning of 0. 78 acres owned by Bemard Bolt, from R-1 Single Family Residential District to R-S Multiple Dwelling District for professional office development on Country Club Road. Mr. Rhodes seconded the motion which passed unanimously..."

C o u n c i l Member Rhodes moved t h a t C o u n c i l accept the r e p o r t of the Pl a n n i n g Conmission and schedule a p u b l i c hearing on the rezoning request f o r Tuesday, November 11, 1986, 7:30 p.m. The motion was seconded by C o u n c i l Manber Shank, and adopted by a unanimous vote o f C o u n c i l . The C i t y Manager was i n s t r u c t e d , t o p r o p e r l y a d v e r t i s e the p u b l i c hearing..

C o u n c i l r e c e i v e d the f o l l o w i n g P l a n n i n g Ccmmission r e p o r t from i t s meeting on September 17th: "...The Commissioners reviewed an August 5, 1986 letter and map from Mrs.

Charlotte Showker and Mr. Lester Steele, requesting the closing of a 10' paper alley between their residential properties on -the north side of Franklin Street. The alley runs 182' from Franklin to East Bruce Street. The Director reported that no utilities are in the alley' and City Staff doesn't beliefe any will be needed in the future.

Mr. Hughes moved that the Commission recommend to City Council that it be closed, subject to receiving a report supporting the closing from a Board of Viewers. Mr. Rhodes seconded the motion which passed unanimously..."

On motion of Vice-Mayor D i n g l e d i n e , seconded by C o u n c i l Member Robinson, and a unanimous vote o f C o u n c i l , the r e p o r t of the Pl a n n i n g Conmission was accepted and the f o l l o w i n g i n d i v i d u a l s appointed t o comprise a Board of Viewers, t o view the a l l e y , and r e p o r t i n w r i t i n g , whether there would be any inconvenience i n the c l o s i n g , and i f so,' what: Messrs. John H. Byrd, Sr., R i c h a r d L. Suter, 'William L . B l a i r , J r . and Wilmer C. Byrd, Sr.

The f o l l o w i n g P l a n n i n g Conmission report, from i t s September 17th meeting, was presented: "...The Commissioners studied a proposed one-lot Martin Eby Subdivision,

drawn by Surveyor Robert Funk. The Director explained that Fertig Cabinets, Inc. desires to purchase a .200' x.400' parcel from Mr, Eby. It will be located on the east side of North Liberty Street, immediately north of the County School Bus Garage. Proposed Mt. Clinton Pike will be situated north of this proposed 1.83 acre tract. Utilities are available on the front side. Curbed entrances will

136 ^ : &a veqwired, 30' from the center tine of Li-herty Street, The property is zoned M-1 Industrial and according to Mr. Eby, the cabinet makers -want to construct their new building immediately. . Mr. Milam moved that the Commis-

^ sion recommend approval of the Final Flan for Section 1, Martin Eby Subdivi­sion. Mr. Rhodes seconded the motion which passed unanimously... "

P l a n n i n g D i r e c t o r S u l l i v a n c a l l e d a t t e n t i o n t o the attached map, showing C o u n c i l t h a t whatever i s constructed, w i l l not be i n the way of proposed Mt. C l i n t o n P i k e . He noted t h a t curbing along the frontage w i l l be the sarxie as r e q u i r e d o f the H o l l y Farms p r o j e c t , and t h a t measurement w i l l be trom the center of the right-of-way, t h u s . c r e a t i n g a 60' s t r e e t , w i t h approximately 24' of a c t u a l pavanent. F o l l o w i n g a b r i e f d i s c u s s i o n . C o u n c i l Manber Rhodes moved t h a t the recommendation o f the P l a n n i n g Conmission be approved. The motion was seconded by C o u n c i l Member Robinson, and adopted by a unanimous vote o f C o u n c i l .

As follow-up t o l e t t e r s w r i t t e n t o C o u n c i l on J u l y 30th and September 10th, Mr. Donald T a y l o r of Perdue, Inc. was present i n the meeting t o ask f o r an ex p l a n a t i o n o f why the B e l t s Road s e c t i o n of Fairway H i l l s S u b d i v i s i o n d i d not confoim t o the c i t y code on S u b d i v i s i o n c o n s t r u c t i o n . He appealed t o C o u n c i l t o i n s t r u c t the C i t y Manager's O f f i c e and the S t r e e t Department t o p l a c e a h i g h p r i o r i t y on the cra-b, g u t t e r and paving of the Fairway H i l l s S e c t i o n I I I p o r t i o n of B e l t s Road. Photographs showing c o n d i t i o n o f the roadway were passed among manbers of C o u n c i l , llir. Ron McCoy, owner o f a l o t on B e l t s Road, and i n the process o f b u i l d i n g a home on the l o t , o t t e r e d an o p i n i o n t h a t the road deserves curb and g u t t e r and improvements i n t h a t area. He requested "quick a c t i o n " by C o u n c i l , i n tha t he a n t i c i p a t e s moving i n t o h i s home the f i r s t p a r t of December, C i t y Manager Milam noted t h a t f o u r l o t s are i n v o l v e d , and s a i d he f e l t the s i t u a t i o n of B e l t s Road had been ex p l a i n e d t o the owners i n 1983, when an agreement was worked out concerning an approximate $ 1 1/2 m i l l i o n d o l l a r inprovanent program. A couple a t t o m e y s were present i n the 1983 meeting, and the m l i n g was th a t the c i t y cannot be r e q u i r e d t o make improvements on a p u b l i c right-of-way, but r a t h e r , i t i s the duty of the owners t o p r o v i d e f u l l improvements. In ins t a n c e s where they may be stalemates, fenager Milam s a i d the c i t y t r i e s t o get the best i t can, i n Inprovements, f o r pr o p e r t y owners on a road. He o f f e r e d an o p i n i o n t h a t the c i t y has done a l l i t can w i t h regard t o B e l t s Road s e c t i o n o f Fairway H i l l s S u b d i v i s i o n . Mr. T a y l o r s a i d t h a t nowhere was i t mentioned t h a t the c i t y c o u l d not' r e q u i r e developers o r owners t o make improvements, and t h a t the o n l y a t t o m e y present i n the 1983 meeting was Henry C l a r k . He asked what the c i t y had gained from the 1983 meeting. Manager Milam e x p l a i n e d t h a t the water l i n e t o serve Fairway H i l l s had t o ccme from the V a l l e y M a l l area and the sewer l i n e from Country Club. A donation of 25' from the center l i n e was requested by the c i t y f o r storm water drainage, and the c i t y o f f e r e d t o do the work i f pipe was purchased by the owners. He s a i d he was t o l d by foimer C i t y Attorney Lapsley t h a t the c i t y cannot r e q u i r e improvements on an e x i s t i n g right-of-way. Mr. T a y l o r s a i d he had three d i f f e r e n t o p i n i o n s f r o n three d i f f e r e n t a t t o r n e y s . Manager Milam p o i n t e d out t h a t i f the Pla n n i n g Ccmmission or C i t y S t a f f made a mistake, i t goes back t o the developer t o make improvements. Mr, Ta y l o r s a i d t h a t what had taken p l a c e i n 1983 was not i n the best i n t e r e s t o f the present p r o p e r t y owners, and o f f e r e d an o p i n i o n t h a t the c i t y c o u l d a s s i s t than i n the i n s t a l l a t i o n of curb and g u t t e r and paving, on B e l t s Road. C i t y A t t o r n e y Thumma c i t e d , as an example, a 1977 case i n another c i t y , before the Supreme Co-urt, which m l e d t h a t a c i t y had a b s o l u t e l y no a u t h o r i t y t o r e q u i r e the s u b d i v i d e r s t o make improvements on the road i n question. Attorney Steve H e i t z made reminder t h a t l a n d was donated f o r s t r e e t widening and t h a t improvements t o the roadway are a requirement under the 10-year improvaaent p l a n as s e t out by the Annexation Coirrt, e x c l u d i n g curb and g u t t e r . He suggested the p o s s i b i l i t y of a donation by the property owners toward curb and g u t t e r , a c c e l e r a t i n g the p r o j e c t . Mayor Green s a i d the c i t y wants t o widen the road and provide b e t t e r f o r the storm water, but p o i n t e d out t h a t there are c e r t a i n p r i o r i t i e s which have been aw a i t i n g s t r e e t work. C o u n c i l Manber Rhodes s a i d he knew nothing about the law, but f e e l s t h i s p r o j e c t should be given some c o n s i d e r a t i o n . V i c e -Mayor Din g l e d i n e agreed w i t h Mr. Rhodes i n th a t he i s synpa t h e t i c w i t h the property owners' request, but r e i t e r a t e d the f a c t t h a t t h e r e are p r i o r i t i e s . l!ir. Rhodes then suggested t h a t C o u n c i l be pro v i d e d w i t h a l i s t o f those owners i n v o l v e d on the s e c t i o n of B e l t s Road and what they wish t o c o n t r i b u t e toward curb and g u t t e r . Itr. T a y l o r v o l i m t e e r e d t o submit the in f o r m a t i o n .

As a follow-up of t h e i r l e t t e r o f October 6, 1986, Joe and Kathy Ljmch o f 111 E. Weaver Avenue, Harrisonburg, were present i n the meeting t o present a p e t i t i o n c o n t a i n i n g 36 s i g n a t u r e s of r e s i d e n t s , expressing concem and d i s p l e a s u r e over the l a t e n e s s and loudness o f the f i r e w o r k s d i s p l a y a t JJ.1Q on October 4th, 11:00 p.m., f o l l o w i n g a concert. Request was made i n the p e t i t i o n f o r d i s p l a y s t o e i t h e r be banned i n the f u t u r e , o r t h a t they occur before 9:00 p.m., w i t h p r i o r warning t o the p o l i c e depart­ment and general p u b l i c . Mayor Green s a i d he was a p p a l l e d at the time i t was h e l d . Vice-Mayor D i n g l e ­dine p o i n t e d out the f a c t t h a t C o r m c i l had given permission f o r the d i s p l a y t o be h e l d on October 4 t h at 10 p.m., back i n J u l y , as requested, and o f f e r e d an o p i n i o n t h a t when a request i s r e c e i v e d another year, c o n s i d e r a t i o n should be given, w i t h curfew s e t , and p u b l i c announcement p r i o r t o the event. Kathy Lynch informed C o u n c i l t h a t the f i r e w o r k s were even louder than i n previous years, and had . f r i g h t e n e d a d u l t s , as w e l l as c h i l d r e n , i n t h a t the no i s e resembled t h a t o f an e x p l o s i o n . Mayor Green s a i d t h a t p o i n t s brought out t h i s evening, were w e l l taken.

t-^Correspondence dated 10/10/86 was presented frcm A t t o m e y Lawrence H. Hoover, J r . , r e q u e s t i n g on b e h a l f o f Wampler Foods, Inc., t h a t C o u n c i l consider a r e s o l u t i o n , reconmending the use of i n d u s t r i a l access funds f o r c o n s t m c t i o n o f a road t o serve as access frcm V i r g i n i a Avenue t o the Wampler Foods feed p r o c e s s i n g f a c i l i t y , p r e s e n t l y under c o n s t m c t i o n . C i t y Manager Milam s a i d t h a t t h i s a c t i o n would not reduce c i t y money from s a l e of g a s o l i n e , and noted t h a t the road through H i l l a n d a l e Park was c o n s t m c t e d through use of i n d u s t r i a l funds. He o f f e r e d an o p i n i o n t h a t i t would be w e l l t o go w i t h a r e s o l u t i o n . Fru-ther noted by Manager Milam was t h a t the c i t y does not have $ 85,000 f o r s a f e t y gates r e q u i r e d by the r a i l r o a d , and added the f a c t t h a t i f Wanplers would cooperate, the c i t y c o u l d r e l o c a t e the roadway from near Heritage Haven, t o move t m c k s southward t o Mt. C l i n t o n P i k e . I f Wanplers would f u r n i s h a right-of-way f r o n t h i s road t o K r a t z e r Avenue, the c i t y c o u l d b r i n g the road from V i r g i n i a Avenue t o K r a t z e r Road, w i t h no t i m e - t a b l e on the p r o j e c t . An Engineer o f Wanpler Foods, Inc., s a i d t h a t a l l had gone smoothly, and i t i s hoped t h a t the f a c i l i t y may be i n ope r a t i o n by January, 1987, He s a i d he f e l t t h a t the roadway p r o j e c t should q u a l i f y f o r i n d u s t r i a l funds. On motion of C o u n c i l Member Rhodes, seconded by C o u n c i l Member Shank, and a imanimous vote of C o u n c i l , the f o l l o w i n g proposed R e s o l u t i o n , prepared by A t t o m e y Hoover, was approved, w i t h a u t h o r i z a t i o n f o r the Mayor and C l e r k t o s i g n the same:

RESOLVED, that the Harrisonburg City Council recommends to the Virginia State Eighway and Transportation -Commission the use of industrial access funds (Sec. 33.1^221 of the Code of Virginia, as amended) for the construc­tion of a road which will serve as access from Virginia Avenue to Wamtpler

137 Foods, Inc. feed processing- facility presently under construction in the City of Harrisonburg, such'road to be constructed from Virginia Avenue across -the Southern Railroad tracks for a distance of approxi­mately 515 feet in an easterly direction to the proposed entrance of the feed processing facility. The estimated cost, excluding city owned rights-of-way, is $308,850 of which $ 292,750 is eligible for reimburse­ment. • - APPROVED this day of , 1986.

Mayor Atteste:

Clerk

Mayor Green reminded C o i m c i l t h a t a l e t t e r o t r e s i g n a t i o n had been r e c e i v e d i n August frcm Dr. Joseph Enedy, a member of the C i t y P l a n n i n g Caranission, w i t h no o f f i c i a l acceptance o f same, t o date. C o u n c i l Member Rhodes moved th a t the r e s i g n a t i o n be accepted, w i t h r e g r e t s , and a l e t t e r of apprecia­t i o n t o be sent Dr. Enedy f o r s e r v i c e s rendered.

^ Vice-Mayor D i n g l e d i n e o f f e r e d a motion f o r a supplanental a p p r o p r i a t i o n i n amount of $ 467,200 t o be approved f o r second & f i n a l reading, r e p r e s e n t i n g funds f o r r e p a i r s t o Sw i t z e r and Dry R i v e r Dams due t o f l o o d damage, w i t h 94% of the t o t a l amount as the F e d e r a l / S t a t e share, and the remaining 6% the r e s p o n s i b i l i t y o f the c i t y , and t h a t :

$ 28,100 chgd,to: Water Fund - Unappropriated Fund Balance 439,100 chgd.to: Water Fund (2404-2404.10) S t a t e Emerg.Serv.- F l o o d Damage 414,100 approp.to: Water Fund (2-3004,05) Maint. & R e p a i r s - F l o o d Damage- 81C 53,090 approp.to: Water Fund (2-3004.06) Maint. & R e p a i r s - F l o o d Damage- 22B

The miotion was seconded by C o i m c i l Member Robinson, and adopted by a imanimous recorded vote o t C o u n c i l .

Correspondence dated 9/18/86 was presented from C i t y Engineer Wilcox, s u b m i t t i n g b i d t a b u l a t i o n f o r r e p a i r s t o dams from f l o o d damiage. I t was noted t h a t f o l l o w i n g a background check on the low bi d d e r s , nothing c o u l d be found t o warrant r e j e c t i o n o f e i t h e r b i d , and reconmendation was made f o r the f o l l o w i n g t o be approved:

Dam 81-C - Haley Chisholm & M o r r i s , Inc. ( C h a r l o t t e s v i l l e ) $ 333,814.00 Dam 22-B - Eavers Bros. Excavating (Staunton) - $ 35,000.00

Other b i d s were s u b n i t t e d by Alleghany C o n s t r u c t i o n and C.S.Mundy Quarries, Inc. Approval o f the low b i d s would be subj e c t t o a n t i c i p a t e d approval by EETM, i n that, f e d e r a l fimding i s a l s o i n v o l v e d . C o i m c i l Member Rhodes o f f e r e d a motion f o r the low hlds, as reconmended, t o be approved. The motion was seconded by C o i m c i l Manber Shank, and adopted by a imanimous vote of C o u n c i l .

C i t y Manager Milam requested a supplemental a p p r o p r i a t i o n i n amount of $ 66,000.from the General Fund Unappropriated Fund Balance, due t o i n s u f f i c i e n t funds i n the proper accoimt f o r payment o f f i r e . insurance premiums. C o i m c i l Manber Shank moved t h a t the a p p r o p r i a t i o n be approved f o r a f i r s t reading, and t h a t :

$ 66,000 chgd.to: General Fund - Unappropriated Fund Balance 66,000 approp.to: General Fund (9103-5302.01) Ins. & Bond Prem.- F i r e Ins.

The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a unanimous recorded vote of C o u n c i l .

C i t y Manager Milam noted t h a t funds i n amount of $ 3,064 had been r e c e i v e d f r o n t h e . s t a t e f o r Harrisonburg's L i t t e r C o n t r o l Program, and requested approval of a supplanental a p p r o p r i a t i o n i n tha t amount, i n order t o appropriate the funds i n t o the proper accoimt. Vice-Mayor D i n g l e d i n e moved th a t the a p p r o p r i a t i o n be approved f o r a f i r s t reading, and t h a t :

$ 3,064 chgd.to: General Fund (1901.01) Recoveries & Rebates 3,064 approp.to": General Fund (4108-5414.04) Highway & S t r e e t Beaut.- L i t t e r C o n t r o l

The motion was seconded by C o i m c i l Member Robinson, and adopted by a imanimous recorded vote of C o u n c i l .

C i t y Manager Milam informed C o i m c i l t h a t he was i n r e c e i p t o f a proposed agreement between the, f i r m of G e i s l e r Smith A s s o c i a t e s , L t d . , S p r i n g f i e l d , Va, and the County of Rockingham, f o r p r e p a r a t i o n of a F e a s i b i l i t y Study of space needs by the County and C i t y of Harrisonburg, t o serve as a Guide i n determining the p o s s i b i l i t y of a j o i n t c i t y / c o u n t y o f f i c e ccmplex. Inasmuch as he was of the o p i n i o n t h a t the agreement should be between the f i r m . County and C i t y , Manager Milam s a i d t h a t the agreement had been redrawn i n t h i s manner, i n order t h a t each j u r i s d i c t i o n c o u l d be b i l l e d f o r i t s share o f cost f o r the study, r a t h e r than the e n t i r e amount being b i l l e d t o the county., He noted t h a t the "Scope of Study" had a l s o been amended t o i n c l u d e the C i t y School Board O f f i c e s l o c a t e d at 317 South Main S t r e e t . The f o l l o w i n g amended agreanent was presented f o r C o u n c i l ' s c o n s i d e r a t i o n of approval:

Agreement dated , 1986, between Geisler Smith Associates, Ltd. of 8314 Traford Lane, Springfield, Va. (hereafter referred to as Consultant), and the County of Rockingham, Virginia and the City, of Earrisonburg, Va. (Clients).-

The Clients desire assistance in preparing an .architectural feasibility ' - • study. The Consultant is a firm qualified to conduct such studies.

TEEREFORE, the parties hereto mutually agree as follows: . . 1. The Consultant will perform all services outlined in the attached proposal dated June 19, 1986. 2. The Clients will give the Consultant access to the records of and to the properties occupied by the Clients, to the degree necessary to accomplish the purposes of the study, and assures the Consultant the cooperation of- the employees of the Clients for said purposes. 3. For the p-erformance of such work, the Clients agree to pay the Consultant a total fee not to exoeed Thirty Three Thousand Six Eundred Forty Dollars ( 33,640.). 4. The Consultant will bill the Clients equally, on a 50-50 basis, monthly, for services rendered, on the percentage of project work -completed in the pre­ceding month.

CLIENT CONSULTANT Rockingham County Geisler .Smith Assoc.

• City of Earrisonburg Vice-filayor D i n g l e d i n e o f f e r e d a motion f o r the Agreanent, as amended, t o be approved, w i t h a u t h o r i z a t i o n

f o r the C i t y Manager t o s i g n same on be h a l f o f the C i t y of Harrisonburg. The motion was seconded by

tm.. ^ C o u n c i l Meniber Eobinson, and adopted by a unanimous vote ot C o u n c i l ,

In r e l a t i o n t o the Agreement between Eockingham County, C i t y o t Harrisonburg and the f i r m of G e i s l e r Smith A s s o c i a t e s , L t d , conceming an a r c h i t e c t u r a l f e a s i b i l i t y study o f o f f i c e space needs of the County and C i t y , Manager Milam requested approval o f a supplemental a p p r o p r i a t i o n i n amount of $ 16,820., r e p r e s e n t i n g the C i t y ' s share o f cost f o r the j o i n t study. C o u n c i l Member Eobinson moved th a t the a p p r o p r i a t i o n be approved f o r a f i r s t reading, and t h a t :

$ 16,820. chgd.to: General Fund - Unappropriated Fund Balance 16,820, approp.to: General Fund (4301-7010.00) Gen.Properties- Cap.Outlay- Bldgs.

The motion was seconded by Vice-Mayor Di n g l e d i n e , and adopted by a unanimous recorded vote o t C o u n c i l .

'-'^City Manager-.Milam informed Co-uncil t h a t s e a l e d b i d s are being r e c e i v e d by the Department of P u b l i c Works f o r a t r a c k loader, -with an A l l i s - C h a l m e r s Track Loader (1972) o f f e r e d as t r a d e - i n . Inasmuch as f-unds are i n s u f f i c i e n t f o r the p-urchase. Manager Milam requested a t r a n s f e r o f f-unds from t h e General Fund Unappropriated Fund Balance i n t o the S a n i t a t i o n Fund Unappropriated Fund Balance, as -well as a supp. _ a p p r o p r i a t i o n i n amount o t $ 60,000 i n order t o p l a c e f-unds i n t o proper account f o r the piorchase. C o u n c i l Manber Ehodes moved t h a t the t r a n s f e r i n amount of $ 60,000 be approved, and t h a t :

$ 60,000 trans,from: General Fund - Unapprop, Fund Balance 60,000 t r a n s , t o : S a n i t a t i o n Fund - Unappropriated Fund Balance

The motion was seconded by C o u n c i l Member Shank, and adopted by a unanimous recorded vote o f C o u n c i l . C o u n c i l Member Shank then o f f e r e d a motion f o r a supplemental a p p r o p r i a t i o n i n amount of $ 60,000 t o be approved f o r a f i r s t reading, and t h a t :

$ 60,000 chgd.to: S a n i t a t i o n Fund - Unapprop. Fund Balance 60,000 approp.to: S a n i t a t i o n Fund (7-7001.00) Cap.Outlay- Mach, & Equip,

The motion -was seconded by C o u n c i l Manber Ehodes, and adopted by a imanimous recorded vote of C o u n c i l ,

•"-L^ity Attorney Thumma presented a proposed Dog Impoundment Agreanent between the C i t y o f H a r r i s o n ­burg and the SPCA, and noted t h a t the o n l y change he had made from the o r i g i n a l copy was under the s e c t i o n p r o v i d i n g f o r the method of payment, as requested by the S o c i e t y , The Agreement reads as f o l l o w s :

THIS AGREEMENT, made and entered into this day- of , 1986, hy and hetween the CITY OE EARRISONBURG, hereinafter referred to as the City, and the ROCKINGEAM-EARRISONBURG SOCIETY FOR TEE PREVENTION OF CRUELTY TO ANIMALS,

INC., a non-profit corporation, hereinafter referred to as the Society, W I T N E S S E T H :

WHEREAS, the Society is authorized and empowered to impound all lost, stray, and homeless animals coming into its control and custody, as well as those which are hrought in as a result of violations of the animal regulations; and to place for adoption or humanely dispose of such animals as come into its control.

WEEREAS, the City Council deems- it advisable and in the best interests of the City to enter into an agreement with this Society for the management and control of stray dogs brought to its animal shelter from within the City,

NOW, TEEREFORE, in consideration of these premises, it is mutually agreed between the parties as follows:

1. Management and Operation of Animal Shelter (a) The Society will furnish animal shelter facilities located two and

one-half miles east of - the Court Square on Old Fumace Road and will comply with all state and local laws and regulations regarding animal control and protection.

(h) The Society will maintain proper housing- for all lost, stray or homeless dogs, which come into' its custody.

, (c) The Society will maintain suitable office hours at the animal shelter for the convenience of the public and for the purpose of transacting business in connection with the duties under this -contract and for the purpose of receiving animals or for accepting applications for the redemtpion of impounded animals.

(d) The Society will appoint competent and qualified employees for the - • carrying out of the responsibilities .under this contract, who shall be responsible -• to the elected officers of the Society.

ie) The Society will provide proper food, water, shelter and other humane treatment for such animals while they are in the Society 's possession and until placed or otherwise humanely disposed of by the Society.

(f) The Society will cooperate with the Eealth Department hy following procedures required by the ordinance concerning- persons or animals bitten by an animal in the City of Earrisonburg.

(g) The Society will keep full and accurate records of all animals in its control, showing the date, place and reason the animals were brought into custody with a description of the animal and a record of its length of stay and final disposition.

(h) The Society will not have the right, authority or power to sell, mortgage, or assign this contract or the powers grante- to it, or any interest therein, for any purpose whatsoever without the written consent of the City.

2. Payment by the City (a) The City will make payments to the Society for the temporary mainte­

nance of all stray dogs received by it from within the geographic limits of the City of Earrisonburg.

(b) The agreed contract payment shall be paid by an annual appropriation in the total amount of Twenty Thousand Six Eundred Dollars ($20,600) which sum is ' paid on a quarterly basis of Five Thousand One Eundred Fifty Dollars ($5,150. 00).

(c) The above amount is an annual appropriation as set forth in the budget of the City and the same shall be subject to change as each annual budget is prepared.

5. Terms of the Agreement It is mutually understood and agreed by the parties hereto that this agree­

ment shall continue in effect for one year from date hereof. However, after the initial period, this contract may be terminated by either party upon ninety (90)

139 days- written notice to the other of an intention to terminate this agreement or enter into a new agreement. ' Otherwise, the agreement shall continue in effect under the same terms and conditions on a year-to-year basis.

4. City-Society Cooperation The City and the Society will cooperate in carrying out the terms

and purposes of this agreement and in enacting and enforcing ordinances consistent with such purposes and the aims of the Society..

WITNESS the following signatures and seals: CITY OE EAERISONBUEG

By Atteste:

EOCKINGEAM-EAREISONBURG SOCIETY FOE TEE PREVENTION OF CRUELTY TO ANIMALS, INC.

' 'By , • Atteste:

On motion of C o u n c i l Member Shank, seconded by C o u n c i l Member Rhodes, and a unanimous vote of C o u n c i l , the Agreement was approved.

C i t y A t t o m e y Thumma informed C o u n c i l t h a t the Statewide B u i l d i n g Code had been adopted, and d i v i d e d i n t o two volxmes: "New C o n s t m c t i o n " and " E x i s t i n g S t m c t u r e s , " In order t o miake the c i t y ' s ordinances uniform w i t h the s t a t e code, he presented two proposed ordinances, as f o l l o w s : (1) amending and re - e n a c t i n g S e c t i o n s 11-1-1 and 11-1-8, f o r r e f e r r a l t o Volume I of the S t a t e B u i l d i n g Code; (2) amending and r e - e n a c t i n g e n t i r e T i t l e 11, Chapter 4, adopting Volume I I of the Code. C o u n c i l Member Robinson o f f e r e d a motion f o r the ordinance amending and r e - e n a c t i n g S e c t i o n s 11-1-1 and 11-1-8 t o be approved f o r a f i r s t reading. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a unanimous recorded vote of C o u n c i l . C o i m c i l Member Robinson then o f f e r e d a second motion f o r the ordinance amending and re-e n a c t i n g T i t l e 11, Chapter 4 t o be approved f o r a f i r s t r eading. T h i s motion was seconded by C o i m c i l Menber Rhodes, and adopted by a unanimous recorded vote of C o u n c i l , When C i t y Manager Milam suggested t h a t f i l e c opies o f the two Volumes be made a v a i l a b l e i n the C l e r k ' s O f f i c e , C i t y Attorney Thumma volunteered t o make note of t h i s i n the two ordinances, and t o see t h a t the Volumes were r e c e i v e d and pla c e d on f i l e .

On motion of C o u n c i l Menber Shank, seconded by C o u n c i l Member Robinson, and a unanimous vote of C o i m c i l , the f o l l o w i n g R e s o l u t i o n was approved:

BE IT RESOLVED, that curfew is hereby declared, to be effective and enforced at and after the hour of 11:.00 P.M. on the night of Friday, October SI, 1986 (EALLOWEEN), after which curfew hour it shall be unlawful for any person to be on the streets or public places of the City of Earrisonburg for the purpose of celebrating Halloween.

The provisions of this resolution are designed to curb and limit the celebration of Eallcween to appropriate hours, and shall not extend or apply to the use of the city streets or other public, places for any other proper purpose.

APPROVED this 14th'day of October 1986. Mayor

Atteste: Clerk

At 9:43 P,M,, on motion of Vice-Mayor D i n g l e d i n e , seconded by C o u n c i l Member Robinson and a unanimous vo t e . C o u n c i l entered an executive s e s s i o n t o d i s c u s s personnel and r e a l e s t a t e .

At' 11:00 P.M., on motion adopted, the executive s e s s i o n was c l o s e d and the r e g u l a r s e s s i o n reconvened.

'^Inasmuch as Dr. Joseph Enedy's r e s i g n a t i o n as a member of the C i t y P l a n n i n g Canmission had been accepted e a r l i e r i n t h i s meeting. Mayor Green asked members' wishes concerning an appointment t o f i l l the vacancy f o r the remainder of Dr, Enedy's second term, C o i m c i l Member Shank o f f e r e d a motion f o r Mrs. S a l l y A. Shapiro of 515 S.Mason S t r e e t , Harrisonburg, t o be appointed t o f i l l the unexpired term which w i l l e x p i r e on December 31, 1987. The motion was seconded by Vice-Mayor D i n g l e d i n e , and adopted by a unanimous vote of C o u n c i l .

' " " ^ i m c i l was reminded t h a t the one year tenns o f Dr. Joseph E. Gardner and Mr. E.Warren Denton, J r . , on the Rockingham Development Corporation Board w i l l e x p i r e on October 23, 1986, and Mayor Green asked member's wishes concerning appointments. C o u n c i l Member Robinson o f f e r e d a motion f o r the two i n d i v i d u a l s t o be reappointed t o one year terms, e x p i r i n g October 23, 1987. The motion was seconded by C o u n c i l Member Rhodes, and adopted by a unanimous vote of C o u n c i l .

There b e i n g no f u r t h e r business, and on motion duly adopted, the meeting was adjourned a t 11:05 p.m.

CLERK MAYOF

Tuesday, October 28, 1986

At a r e g u l a r meeting of C o u n c i l h e l d i n the C o u n c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y A t t o m e y E a r l Q. Thumma, J r . C l e r k N. A r l e n e Loker; Vice-Mayor Raymond C. Di n g l e d i n e , J r . ; C o u n c i l Members E l o n W. Rhodes, Thomas H. Robinson, I I ; C i t y A u d i t o r P h i l i p L. Peterman and Chief of P o l i c e R i c h a r d W. Presgrave. Absent: C o i m c i l Member Charles L. Shank.

Minutes of the r e g u l a r meeting h e l d on October 14th,were approved as c o r r e c t e d .

C i t y Manager Milam c a l l e d a t t e n t i o n t o the Report on Examination of F i n a n c i a l Statements of the

139 days- written notice to-the other of an intention to terminate this agreement or enter into a new agreement. ' Otherwise, the agreement shall continue in effect under the same terms and conditions on a year-to-year basis.

4. City-Society Cooperation The City and the Society will cooperate in carrying out the terms

and purposes of this agreement and in enacting and enforcing ordinances consistent with such purposes and the aims of the Society..

WITNESS the following signatures and seals:

Atteste:

CITI OE EAERISONBUEG By

ROCKINGEAM-EARRISONBURG SOCIETY EOR TEE PREVENTION OF CRUELTY TO

, • ANIMALS, INC. By \ •

Atteste: On motion of Council Member Shank, seconded by Council Member Rhodes, and a unanimous vote of Council, the Agreement was approved.

City Attomey Thumma informed Council that the Statewide Building Code had been adopted, and divided into two volumes: "New Constmction" and "Existing Stmctures." In order to make the c i t y ' s ordinances unifoim with the state code, he presented two proposed ordinances, as follows: (1) amending and re-enacting Sections 11-1-1 and 11-1-8, for r e f e r r a l to Volume I of the State Building Code; (2) amending and re-enacting entire T i t l e 11, Chapter 4, adopting Volume I I of the Code. Council Member Robinson offered a motion f o r the ordinance amending and re-enacting Sections 11-1-1 and 11-1-8 to be approved for a f i r s t reading. The motion was seconded by Coimcil Member Rhodes, and adopted by a imanimous recorded vote of Coimcil, Coimcil Member Robinson then offered a second motion f o r the ordinance amending and re-enacting T i t l e 11, Chapter 4 to be approved for a f i r s t reading. This motion was seconded by Coimcil Maiiber Rhodes, and adopted by a unanimous recorded vote of Council. When Ci t y Manager Milam suggested that f i l e copies of the two Volumes be miade available i n the Clerk's Office, City Attorney Thimma volunteered to make note of t h i s i n the two ordinances, and to see that the Volumes were received and placed on f i l e .

-•^On motion of Coimcil Blember Shank, seconded by Coimcil Member Robinson, and a imanimous vote of Council, the following Resolution was approved:

BE IT RESOLVED, that curfew is hereby declared, to be effective and enforced at and after the hour of 11:00 P.M. on the night of Friday, October 31, 1986 (EALLOWEEN), after which curfew hour it shall be unlawful for any person to be on the streets or public places of the City of Earrisonburg for the purpose of celebrating Ealloween.

The provisions of this resolution are designed to curb and limit the celebration of Ealloween to appropriate hours, and shall not extend or apply to the use of the city streets or other public, places for any other proper purpose.

APPROVED this 14th' day of October 198-6. Mayor • •

Atteste: Clerk

At 9:43 P.M., on motion of Vice-Mayor Dingledine, seconded by Coimcil Member Robinson and a imanimous vote, Coimcil entered an executive session to discuss personnel and r e a l estate.

At' 11:00 P.M., on motion adopted, the executive session was closed and the regular session reconvened.

*^Inasmuch as Dr. Joseph Enedy's resignation as a member of the Ci t y Planning Commission had been accepted e a r l i e r i n t h i s meeting. Mayor Green asked members' -wishes concerning an appointment to f i l l the vacancy f o r the remainder of Dr. Enedy's second term. Coimcil Member Shank offered a motion for Mrs. S a l l y A. Shapiro of 515 S.Mason Street, Harrisonburg, to be appointed to f i l l the unexpired term which w i l l expire on Decanber 31, 1987. The motion was seconded by Vice-Mayor Dingledine, and adopted by a imanimous vote of Council.

" " ^ i m c i l was raninded that the one year terms of Dr. Joseph E. Gardner and Mr. E.Warren Denton, J r . , on the Rockingham Development Corporation Board -will expire on October 23, 1986, and Mayor Green asked member's wishes conceming appointments. Council Manber Robinson offered a motion f o r the two individuals to be reappointed to one year terms, expiring October 23, 1987. The motion was seconded by Council Member Rhodes, and adopted by a unanimous vote of Coimcil,

There being no further business, and on motion duly adopted, the meeting was adjourned at 11:05 p.m.

CLERK MAYOF

Tuesday, October 28, 1986

At a regular meeting of Council held i n the Coimcil Chamber t h i s evening at 7:30 there were present: flayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q. Thumma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Manbers Elon W. Rhodes, Thomas H. Robinson, I I ; C i t y Auditor P h i l i p L. Peterman and Chief of Po l i c e Richard W. Presgrave. Absent: Coimcil Manber Charles L. Shank.

Minutes of the regular meeting held on October 14th were approved as corrected.

C i t y Ilanager Milam c a l l e d attention to the Report on Examination of Financial Statements of the

Shenandoah Valley Juvenile Detention Home Caranission, f o r year ended 6/30/86, and noted that copies of the report had been made available to each menber of Council.

t/^Correspondence dated 10/22/86 from Attorney Lawrence H. Hoover, J r . , Agent f o r Park Crest Land Trust,-was'presented, requesting the rezoning of Lot 19, fronting on Main Street north of East Washington Street, and south of and adjacent to #1010 Main Street, from R-2 Residential to B-2 General Business. I t was noted that the reason i s to square up the potential l o t s fronting on Main Street, providing f o r a more e f f i c i e n t use of the land and avoiding the d i f f i c u l t y of development of a triangular l o t . I f rezoned, Attomey Hoover pointed out that i t would be a nat^ural extension of the B-2 zoned property owned by Park Crest Land Tmst. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson and a unanimous vote of Council Meribers present, the request was referred to the Ci t y Planning Commission f o r review and report.

^ ' ' ^ i t y Manager Milam c a l l e d members' attention to t h e i r copies of the City's Ccmprehensive Annual Financial Report f o r year ended 6/30/86, prepared by the Harrisonburg CPA Firm of Phibbs, Burkholder, Geisert 8s Huffman. He noted that the report had been received only t h i s afternoon, and asked meribers to review t h e i r copies, with a representative of the firm to be i n v i t e d to a future meeting, to answer any questions,Council may have.

^ C i t y Attorney Thunma presented for consideration of a second 8s f i n a l reading, an Ordinance amend-i r g and re-enacting Sections 11-1-1 and 11-1-8 of the Ci t y Code, e n t i t l e d : "Building Code Adopted" and "Compliance with E x i s t i n g Stmctures Code," respectively. He c a l l e d attention to paragraph (c) under Section 11-1-1, which had been added, on request of Council when the ordinance was approved for a f i r s t reading on October Mth: "A copy of the V i r g i n i a Uniform State Wide Building Code, Volume I, as cm-rently amended, i s on f i l e i n the C i t y Clerk's O f f i c e , " Council Member Robinson offered a motion f o r the ordinance, as amended, to be approved for second & f i n a l reading, with authorization for the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council Members present. (Refer to Ord. Bk L page 79).

For consideration of a second 8s f i n a l reading. C i t y Attorney Thunma presented an Ordinance amending and re-enacting T i t l e 11, Chapter 4 of the Harrisonburg C i t y Code, e n t i t l e d : "Existing Structures", which had been approved f o r a f i r s t reading on October 14th. He c a l l e d attention to paragraph (c) under Section 11-4-1 which had been added on request of Council, as follows: "A copy of the V i r g i n i a Uniform State Wide Building Code, Volime 2, Building Maintenance Code as currently amended, i s on f i l e i n the Ci t y Clerk's Office." On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson, and a unanimous recorded vote of Council Members present, the ordinance, as amended, was approved f o r second 8s f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. (Refer to Ord. Book L pages 77-78).

i ^ o u n c i l received the following report from an October 22nd meeting of the Ci t y Planning Ccmmis­sion:

"...The Comm-issionevs reviewed a Final Flan for Section S of Stonefield Village Subdivision. Twenty single family lots are -proposed on Viewmont Court, a street extending 550' west off Vine Street. Mr. J. R. Copper des­cribed the engineering and utility plans, which were approved by Ci-ty Staff when the overall Stonefield Master Plan was presented in 1985. Owner/developer Kevin Leigh reported that he is ready to construct Viewmont Court this fall. The subdivision review sheet was reviewed and Mr. Copper explained plans to pipe storm water into a sink, hole shared by nearby Northfield Estates Subdivi­sion.

Mr. Heath, noting that City Staff was satisfied with the drainages, moved to recommend approval of the Final Plan for Section 3, Stonefield Village Sub­division. Mr. Rhodes seconded the motion which passed unanimously..."

Planning Director S u l l i v a n said a l l has gone w e l l i n working with Mr. Leigh, and i n v i t e d members of Council to v i s i t the project, noting that they should be w e l l pleased. On motion of Vice-Mayor Dingledine, seconded by Council Menber Rhodes, and a unanimous vote of Council Members present, the reconmendation of the Planning Commission was approved.

The following Planning Conmission report, fron i t s October 22nd meeting, was presented: ".. .A letter from Attomey Mark Callahan was summarised, requesting approval

of the James Logan Estate 's desire to re-subdivide two residential lots in Block G of the Garber Addition. The Director noted that the Commission and City Council approved this matter in December 1985, but the re-subdivision was not recorded in the Court Eouse, therefore it was 'void. ' No changes have been made on the plat drawn by Gary Judd. Vice-Chairman Trobaugh noted that dwellings exist on the two lots, both of which are smaller than the minimum size needed in R-2 Districts. Mr. Rhodes reported that the Logan Estate hopes to sell the dwellings, and this re-subdivision needs to be reinstated or approved again.

Mr. Eughes moved for the Commission to recommend, reluctantly, a re-approval of the Logan Estate Resubdivision (Lots 16 & 18 in Block G of the Garber Addition). Mr. Rhodes seconded the motion which passed unanimously..."

Planning Director S u l l i v a n pointed out location of the l o t s , situate on Effinger 8s Myrtle Streets, and noted that i n 1985, the Estate had a prospective buyer, which did not work out. An attempt i s now being made to s e t t l e the estate, and an attomey reconmended that the matter be brought back to Council f o r re-approval, i n order that the l o t l i n e s might be straightened. Council Member Robinson offered a motion f o r the reconmendation of the Planning Commission to be approved, which motion, upon being seconded by Vice-Mayor Dingledine, was adopted by a manimous vote of C o m c i l Meribers present.

ly^he following Planning Conmission report fron an October 22nd meeting, was presented: "...The Commissioners reviewed a neighborhood map and a plat showing V. V.

Eesselrodt's proposal to re-subdivide a 12.159 square foot lot on the south side of South Avenue into a triplex townhouse layout. Mr. Copper reported that a 5-unit townhouse will be built, appearing as a one-story structure from the front side, but due to the terrain, each unit would have two stories on the

141 hack side. By design, autos will not back into South Avenue. The Bivectov noted that a similar situation exists acvoss the stveet in the Novthampton townhouse development.

Mr. Hughes moved that the Commission recommend appvoval of the ve-subdivision of Lot S into' a triplex townhouse layout, Southampton Subdivi­sion, Section 2, providing that autos will not back into South Avenue. Mv.

'Milam seconded the motion. All members voted in favor... " Planning Director S u l l i v a n said that the report was self-explanatory, and that a l l questions had been s a t i s f a c t o r i l y answered at the Coiamission's meeting. On motion of Conncii Member Robinson, seconded by Council Member Rhodes, and a unanimous vote of Council Members present, the recommendation of the Planning Commission was approved.

Council received the following Planning Commission report frcm i t s October 22nd meeting: "...The Commissioners reviewed a plat drawn by David L. Ingram, showing

the division of Lot 1,- Hilltop Farm Subdivision, into a duplex lot (on the northeast comer of Vine Street and Old Fumace Road). Mr. Eddie Burgoyne told the Commissioners that his duplex dwelling is almost complete and he desires to sell it as two separate lots, with the dwellings sharing a common wall and lot line. larking will be off Vine Street, and designed so that autos v)on't have to back into Vine Street. A 30' setback off both Vine St.

• and Old Furnace Road has been established. Mr. Rhodes moved that the Commission recommend approval of Mr. Burgoyne's

request to resubdivide Lot 1, Eilltop Farm Subdivision, into 2 lots. Mr. Milam seconded the motion. All members voted in favor..."

Planning Director S u l l i v a n c a l l e d attention to the attached p l a t , and noted that Mr. Burgoyne has b u i l t a duplex, with a desire to s e l l each unit separately. Vice-Mayor Dingledine moved that the reccmmendation of the Planning Conmission be approved. The motion was seconded by Coimcil Member Robinson, and adopted by a unanimous vote of Council Members present.

^ • " ^ C i t y Attorney Thunma presented f o r consideration of a f i r s t reading, a proposed Ordinance enacting Section 12-1-56 of the Ci t y Code, e n t i t l e d : "Direct S e l l e r s " , as requested by Conmissioner of Revenue Smith, Jtr. Smith infoimed Council that, the section authorizes l o c a l i t i e s to issue a license tax on Direct S e l l e r s ( i . e . Avon, Mary Eay Cosmetics, Amway Products, Tupperware, etc.) He noted that there has been a l o t of pressure concerning the licensing of,such s e l l e r s , and that the ordinance provides f o r a license tax to be paid by those with sales exceeding $ 4,000 annually. License assessed w i l l be 20^ per $100 of r e t a i l sales or 5<Ji per $100 ot wholesale sales, whichever i s applicable. Jtr. Smith said he f e l t i t best to handle the s i t u a t i o n by ordinance, which also provides f o r a f i n e . He added the fact that there may be d i f f i c u l t y i n tracking down these s e l l e r s , but the Department of Taxation w i l l a s s i s t the c i t y i n i d e n t i f i c a t i o n of door-to-door and home sales promoters, from tax f i l i n g s . Attorney Thunma said the ordinance was drafted from the state statute. Council Manber Rhodes asked i f Direct S e l l e r s are presently paying sales tax, and Mr. Smith said that he presumes so, but w i l l check into the matter with the l o c a l Department of Taxation. Vice-Mayor Dingledine asked why the S e l l e r s couldn't just pay tax on a l l sales over and above $4,000, rather than the entire amount, to which Itr. Smith r e p l i e d that the rates, set up by the state, are not amendable by the c i t y . Following discussion. Council Member Rhodes offered a motion for the ordinance to be approved for a f i r s t reading. The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council Members present.

i-^^EoT consideration of a f i r s t reading, an Ordinance amending and re-enacting Section 12-l-30(a), e n t i t l e d : "Contractors", was presented, Conmissioner of Revenue V i c t o r Smith explained that i n the l a s t r e v i s i o n of the C i t y Code i n 1983, the words "rent or lease" had been inadvertantly emitted under t h i s section. For the "sake of c l a r i t y " , Jlr. Smith noted that the proposed ordinance simply places those words back into Section 12-l-30(a), Vice-I,!ayor Dingledine moved that the ordinance be approved for a f i r s t reading, which motion upon being seconded by Council Member Robinson, was adopted by a unanimous recorded vote of Council Members present.

^ For Council's consideration of approval. C i t y Manager Milam presented and read the following proposed Resolution:

WEEREAS, it is necessary for a formal request to be made to the Department of Eighways and Transportation of the Commonwealth of Virginia by the Council of the City of Earrisonburg hy resolution for each project,

NOW, TEEREFORE, BE IT RESOLVED BY TEE COUNCIL OF TEE CITY OF HARRISONBURG, VIRGINIA, at its regular meeting on the 28th day of October, 1986, that:

1. The Department of Highways & Transportation of the Commonwealth of Virginia, be, and it is hereby requested to establish and set up a project within the City of Earrisonburg, Va. to reconstruct West Market Street (U.S.Route 33) as shown in the 1995 Harrisonburg Thoroughfare Plan from'High Street (State Route 42) west to the West Corporate Limits.

2. The City hereby agrees to pay its share of the cost of surveys and plans, rights-of-way, and oonstruetipn under the present formula adopted by the' Depart­ment of Highways and Transportation.

3. The City further agrees that if the said project is established as herein requested, and thereafter, • the said City decides not to proceed further with the said project, then the City by this resolution, agrees to pay the' Highway Depart­ment for 100 percent of the cost incurred for the said project to the time of abandonment.

ADOPTED this day of , 1986. • • Mayor

Atteste: - Clerk

Manager Milam noted that he had mailed infoimation to a l l manbers of Council, including a Memo from Ci t y Engineer Wilcox. Under the new funding formula, he said i t appears that the C i t y of Harrisonburg' annual construction money w i l l increase frcm 1/2 m i l l i o n to 11/2 m i l l i o n , and that some of the projects have been conmitted up to year 1991, as follows: (South High Street: Grace St. to Erickson Ave.);(Virginia Avenue: F i f t h Street to Old Corp. Limits)(and Port Republic Road: 1-81 to South Main Street). The Route 33 West Project (W.Market from Waterman Drive to Garbers Church Road-Va. 910), was conmitted by the Highway Department, p r i o r to annexation by the City , and while s t i l l

142 . • . . . situate i n the County ot Eockingham. Although the project i s l i s t e d as the c i t y ' s top p r i o r i t y i n the current plan. Manager Milam pointed out that Couneil must make a foimal request to the Highway Department, i n order to get same included on the state's l i s t i n g . A survey of the route sets out a range of pavement widths: High Street to Academy Street, 32'; Acadeniy to Willow Street, 30'; Willow to Dogwood Drive, 33' and from Dogwood to the Old Corporate Limits, 40', resu l t i n g i n a 40 - 45' right-of-way. The proposed reconstruction project w i l l provide a 48' paved surface from curb to curb and a 70'.right-of-way. Mr. Galen ShowaLlter (397 W.Market St.) and Mr. Homer M i l l e r (420 West Market St.) raised a question concerning the amount of yard space that would be l o s t , providing an equal portion of the right-of-way i s taken from each side of the street. • Manager Milam infoimed them that as much as 15' could be required, although an e f f o r t would be miade to keep i t to a minimum. Sidewalfe would be reconstructed, and should the 15' be required, the curb would be 4 - 9 ' nearer residences. IVhen Mr. M i l l e r asked i f Couneil had considered the p o s s i b i l i t y of an east/west by-pass. Manager Milam noted that i t i s d i f f i c u l t to get another location, and t h i s i s the only route the c i t y presently has, f o r t r a f f i c coming frcm the west. Planning Direetor S u l l i v a n traced the route of a proposed east/west loop around the c i t y , under a long-range plan, and said i t may be the year 2020 before same materializes. Manager Milam informed Council that i f approved, the Eesolution would'be presented at a public hearing which i s scheduled for tomorrow i n Staunton, by C i t y Engineer Wilcox. Delegate Paul Cline w i l l be i n attendance at the Hearing. Following discussion, Couneil Member Ehodes offered a motion for the Eesolution, as presented and read, to be approved, with authorization for the Mayor and Clerk to sign the same. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Couneil Members present.

For consideration of approval, Couneil received from City Engineer Wilcox, two easement agree­ments, prepared by the law firm of Kiykendall, Wetsel & Kuykendall, of Winchester, V i r g i n i a , between Aston-Haiman (a N.C.Imtd.Partnership) and the C i t y of Harrisonburg. Aston-Haiman, owner of land on Et. 33 east, has constructed a shopping center, and through a Sanitary Sewer & Water Easement Agree­ment, gives to the c i t y a 20' easement for i n s t a l l a t i o n and maintenance of the l i n e s , and through an E l e c t r i c a l Easement Agreement, gives the Ci t y a 10' easement for underground wires and transformers. Mr. Wilcox noted i n correspondence which accompanied the Agreements, that "to the best of h i s knowledge, these doeuments are i n order and are to the benefit of the C i t y . " C i t y Manager Milam pointed out location of the area on a miap, noting that a l l seened to be i n order, and asked that the Agreements be approved. On motion of Vice-Majrar Dingledine, seconded by Council Member Eobinson, and a unanimous vote of Coxmcil Menbers present, the Agreements were approved, with authorization f o r the Mayor to sign the same on behalf of the C i t y of Harrisonburg.

C i t y Manager Milam presented and read the following report submitted by a duly appointed Board of Viewers:

On Octohev 20, 1986 A.M., The Board of Viewers: John E. Byrd, Sr., Riehxrd L. Suter, Wilmer 0. Byrd, Sr. and William L. Blair, Jr., met on Franklin Street at an alley approximately 320 feet west of Myers Ane. . •

We concluded there will he no inconvenience to anyone, to close this •alley. It is not heing used as an alley, nor are there any indications that it has heen used as an alley. We recommend it he closed.

This alley is 10 feet wide hy 181.92 feet long. It runs north from Franklin Street to Bruce Street. Charlotte Showker 's property adjoins it on the west side. Lester J. Steele's property adjoins it on the east side.

Respectfully submitted to Earrisonburg City Council. signed: John E. Byrd, Sr.

Eichard L. Suter Wilmer C. Byrd, Sr. William L. Blair, Jr.

Coimcil was reminded that a Planning Commission report, presented at the October 14th meeting, recommending closing of the a l l e y , pending support i n writing, fron a Board of Viewers. Coimcil Manber Rhodes offered a motion for the Viewers' report to be accepted and an ordinanee closing the a l l e y to be approved for a f i r s t reading. The motion was seconded by Coimcil Manber Eobinson, and adopted by a imanimous recorded vote of Council Members present. Manager Milam noted that information would be forwarded to the Ci t y Engineer, and upon payment by the adjoining property owners for land derived i n the closing, the ordinance, properly prepared by the Ci t y Attorney, would be presented for f i n a l reading.

/^'-''Council flanber Eobinson moved that a supplanental appropriation i n amount of $ 66,000, approved for a f i r s t reading on October 14th due to i n s u f f i c i e n t funds for payment of f i r e insurance praniums, be now approved for second & f i n a l reading, and that:

$ 66,000 chgd.to: General Fund - Unapprop. Fund B9,lanee 66,000 approp.to: General Fund (9103-5302.01) Ins. & Bond Praniums- F i r e Ins.

The motion was seconded by Coxmcil Member Ehodes, and adopted by a imanimous recorded vote of Coimcil Manbers present.

Vice-JIayor Dingledine offered a motion f o r a supplanental appropriation i n amount of $ 3,064, representing appropriation of funds received f o r Harrisonburg's L i t t e r Control Program, to be approved for seeond & f i n a l reading, a f i r s t reading having been approved on October 14th, and that:

$ 3,064 chgd,to: General Fund (1901.01) Recoveries & Rebates 3,064 approp.to: General Fund (4108-5414.01) Highway St St. Beaut.-Litter Control

The motion was seconded by Council Member Ehodes, and adopted by a unanimous recorded vote of Coimcil Manbers present. .

Vice-Mayor Dingledine moved that a supplemental appropriation i n amount, of $ 16,820, representing the City's share of eost for a F e a s i b i l i t y Study.of City/County Office space needs, be approved f o r second St f i n a l reading, a f i r s t reading having been approved on October 14th, and that:

$ 16,820 chgd.to: General Fund- Unapprop. Fund Balance 16,820 approp.to: General Fund (4301-7010,00) Gen,Properties- Cap.Outlay-Bldgs.

The motion was seconded by Council Ilanber Ehodes, and adopted by a unanimous recorded vote of Council Members present.

Coimcil Manber Ehodes moved that a supplanental appropriation i n amount of $ 60,000, approved

for a f i r s t reading on October M t h for purchase of a track loader by the Publie Works Department,

be approved f o r second & f i n a l reading, and that: $ 60,000 chgd.to: Sanitation Fund - Unappropriated Fund Balance 60,000 approp.to: Sanitation Fund (7-7001.00) Cap.Outlay- Mach.& Equip.

The motion was seconded by Council Manber Robinson, and adopted by a -unanimous recorded vote of Co-uncil Manbers present. -

request was presented from F i r e Chief S h i f f l e t t , f o r approval of a supplanental appropriation i n amount of $ 31,819.68, i n order to recover funds from Rockingham County, as w e l l as fron Donations. Vice-Mayor Dingledine moved that the appropriation be approved f o r a f i r s t reading, and that:

$ 6,083.18 chgd.to: General Fund (1901.01) Recoveries & Rebates 25,736,50 chgd.to: General Fund - Unappropriated Fund Balance 27,124.68 approp,to: General Fund (3201-1001.06) Dispatchers 4,695.00 approp.to: General Fund (3201-7001.03) Equipment

The motion was seconded by Council Manber Robinson, and adopted by a unanimous recorded vote of Council liembers present.

c-'-^lty. Manager Blilam c a l l e d attention to correspondence dated Septenber 25th, frcm the State Compensation Board, advising that the approved mileage rate f o r f i s c a l year 1986-87 had been increased to 21 cents per mile, and further advising that request may be made up to t h i s amount on future claims. Although the correspondence referred s p e c i f i c a l l y to the Constitutional Offices, Manager Milam requested approval of the c i t y ' s present rate of 20.5 cents, being increased to 21 cents per mile, i n order to keep the rate uniform among a l l o f f i c i a l s and employees of the C i t y , as w e l l as the o f f i c e s of Commissioner of Revenue and C i t y Treasurer. Council Menber Robinson offered a motion f o r the state approved rate of 21 cents per mile to be approved, as requested by the C i t y Manager. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council Menbers present.

-• Correspondence dated 10/13/86 from l i r . David Rood, Director of the Rockingham/Harrisonburg Alcohol Safety Action Program (ASAP) was presented, advising the C i t y Manager that the Comnission had accepted the resignation of Dr. Jon Mclntire as a manber of the Commission. On motion of Vice-Mayor Dingledine, seconded by Council Member Robinson and a imanimous vote of Coimcil Members present. Council accepted the resignation.

Mayor Green c a l l e d attention to a l e t t e r , protesting a parking f i n e which had been received l a s t Friday night f o r parking i n a r e s t r i c t e d area, during a c t i v i t i e s at the Harrisonburg High School. He said he had conversed -with some people around H i l l c r e s t re Parents' Weekend at JMU, and been infoimed that the c i t y had towed some cars. He offered an opinion that the c i t y ' s ordinance should not be quite so enforcable during that p a r t i c u l a r time. Chief of P o l i c e Presgrave informed Council that most of those he had talked -with concerning fines imposed, said they were aware of the signs for permit parking only, but f e l t t h i s was a special occasion, and that the enforcement was from complaints. He noted, that the past several weekends have been very d i f f i c u l t insofar as a c t i v i t i e s at the Convocation Center, and f e l t that his department had performed very w e l l , under seme d i f f i c u l t conditions. The Chief added the fact that University Boulevard, which i s scheduled to be opened i n a couple of weeks, should r e l i e v e the s i t u a t i o n to sane extent i n moving t r a f f i c .

"''^The following requests and or complaints, were registered by manbers of Council> and the C i t y Manager was asked to have same investigated: (1) placing of street l i g h t on e x i s t i n g pole (Fairview Ave. & Harrison S t . ) ; (2) accumulation of trash i n area of Burger King on East Market Street, as w e l l as the area around Federal Street; (3) request f o r c i t y buses to r e f r a i n from using Blue Ridge Drive as a bus route.

Vice-Mayor Dingledine questioned the parking of trucks at the end of Butler Street, east of the JMU parking l o t , and said he was not knowledgeable as to ownership of the trucks. Chief Presgrave informed Council that t h i s p a r t i c u l a r area i s JMU property, and that t r a i l e r s , l i n e d up on the grass, are using same for storage purposes.

At 9:15 p.m., on motion of Council Menber Robinson, seconded by Vice-Mayor Dingledine, and a imanimous vote of members present. Council entered an executive session t o discuss personnel and a leg a l matter.

At 10:20 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no further business, the meeting was adjourned.

CLERK mY4

Tuesday, November 11, 1986

At a regular meeting of Coimcil held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F, Green, 3rd; C i f y Manager Marvin B. Milam; C i t y Attorney E a r l Q.Thunma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Manbers Elon W. Rhodes, Thomas H. Robinson, I I , Charles L, Shank; C i t y Auditor P h i l i p L, Peterman and Chief ot P o l i c e Richard W. Presgrave. Absent: none. • .

Jlinutes of the regular meeting held on October 28th were approved as corrected.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Blanager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of October, 1986. From the C i t y Treasurer: ,

A t r i a l balance report as of close of business on October 31, 1986. From the P o l i c e Department:

A report of Fines & Costs, $ 8,344.46; cash collected from parking meters, $ 7,353.04;' t o t a l cash collected and tumed over to Treasurer, $ 15,697.50, for October, 1986.

-.14-3 be approved for second & f i n a l reading, and that:

$ 60,000 chgd.to: Sanitation Fund - Unappropriated Fund Balance 60,000 approp.to: Sanitation Fund (7-7001.00) Cap.Outlay- Mach.& Equip.

The-motion was seconded by Council Maiiber Robinson, and adopted by a unanimous recorded vote of Council Menbers present. . -

'^k request was presented from E i r e Chief S h i f f l e t t , f o r approval of a supplemental appropriation i n amomt of $ 31,819.68, i n order to recover fmds from Rockingham Comty,. as we l l as from Donations. Vice-Mayor Dingledine moved that the appropriation be approved f o r a f i r s t reading, and that:

$ 6,083.18 chgd.to: General Emd (1901.01) Recoveries 8s Rebates 25,736.50 chgd.to: General Emd - Unappropriated Fmd Balance 27,124.68 approp.to: General Fmd (3201-1001.06) Dispatchers 4,695.00 approp.to: General Fmd (3201-7001.03) Equipment

The motion was seconded by C o m c i l Manber Robinson, and adopted by a manimous recorded vote of C o m c i l lianbers present.

£--- ity Manager Milam c a l l e d attention to correspondence dated Septanber 25th, frcm the State Compensation Board, advising that the approved mileage rate f o r f i s c a l year 1986-87 had been increased to 21 cents per mile, and further advising that request may be made up to t h i s amomt on future claims. Although the correspondence referred s p e c i f i c a l l y to the Constitutional Offices, Manager Milam requested approval of the c i t y ' s present rate of 20.5 cents, being increased to 21 cents per mile, i n order to keep the rate -uniform among a l l o f f i c i a l s and employees of the C i t y , as w e l l as the.offlees of Commissioner of Revenue and C i t y Treasurer. C o m c i l Member Robinson offered a motion f o r the state approved rate of 21 cents per mile to be approved, as requested by the C i t y Manager. The motion was seconded by Vice-Jlayor Dingledine, and adopted by a manimous vote of C o m c i l Members present.

Correspondence dated 10/13/86 from Mr. David Rood, Director of the Rockingham/Harrisonbiirg Alcohol Safety Action Program (ASAP) was presented, advising the C i t y Manager that the Conmission had accepted the resignation of Dr. Jon Mclntire as a menber of the Commission. On motion of Vice-Mayor Dingledine, seconded by C o m c i l Member Robinson and a manimous vote of C o m c i l Meribers present, C o m c i l accepted the resignation.

^ Mayor Green c a l l e d attention to a l e t t e r , protesting a parking f i n e which had been received l a s t Friday night f o r parking i n a r e s t r i c t e d area, during a c t i v i t i e s at the Harrisonburg High School. He said he had conversed -with seme people aromd H i l l c r e s t re Parents' Weekend at JMU, and been informed that the c i t y had towed some cars. He offered an opinion that the c i t y ' s ordinance should not be quite so enforcable during that p a r t i c u l a r time. Chief of Poliee Presgrave informed C o m c i l that most of those he had talked with concerning fines imposed, said they were aware of the signs f o r permit parking only, but f e l t t h i s -was a special occasion, and. that the enforcenent was from complaints. He noted, that the past several weekends have been very d i f f i c u l t insofar as a c t i v i t i e s at the Convocation Center, and f e l t that his department had performed very w e l l , mder seme d i f f i c u l t conditions. The Chief added the fact that University Boulevard, which i s scheduled to be opened i n a couple of weeks, should r e l i e v e the s i t u a t i o n to seme extent i n moving t r a f f i c .

'-'' The following requests and or complaints, were registered by members of Comcil> and the C i t y Manager was asked to have same investigated: (1) placing of street l i g h t on e x i s t i n g pole (Fairview Ave. 8s Harrison S t . ) ; (2) accumulation pf trash i n area of Burger King on East Market Street, as w e l l as the area aromd Federal Street; (3) request for c i t y buses to r e f r a i n from using Blue Ridge Drive as a bus route.

Viee-Mayor Dingledine questioned the parking of trucks at the end of Butler Street, east of the JMU parking l o t , and said he was not knowledgeable as to ownership of the trucks. Chief Presgrave informed C o m c i l that t h i s p a r t i c u l a r area i s JIttJ property, and that t r a i l e r s , l i n e d up on the grass, are using same for storage proposes.

At 9:15 p.m., on motion of C o m c i l Menber Robinson, seconded by Vice-Mayor Dingledine, and a manimous vote of members present, C o m c i l entered an exeeutive session t o discuss personnel and a leg a l matter.

At 10:20 p.m., on motion duly adopted, the executive session was closed and the regular session reconvened. There being no f-urther business, the meeting was adjourned.

CIERK

Tuesday, November 11, 1986

At a regular meeting of C o m c i l held i n the Cornell Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q.Thunma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Cornell Meribers Elon W. Rhodes, Thomas H. Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of Poliee Richard W. Presgrave, Absent: none. • .

Minutes of the regular meeting held on October 28th were approved as corrected.

The following regular mionthly reports were presented and ordered f i l e d : From the C i t y tlanager:

A report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of October, 1986. From the C i t y Treas-urer: ,

A t r i a l balance report as of close of business on Octcber 31, 1986. From the P o l i c e Department:

A report of Fines 85 Costs, $ 8,344,46; cash collected from parking meters, $ 7,353.04;' t o t a l cash collected and txrmed over to Treasurer, $ 15,697.50, for October, 1986.

144 From the City Auditor:

A f i n a n c i a l report f o r the Ci t y of Harrisonburg, month of October, 1986. A report of cash discounts saved i n payment of vendor's invoices for month

of October, 1986, i n t o t a l amount of .$ 450.45. From the Department of U t i l i t y B i l l i n g :

A report of water, sewer & refuse accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; ccmplaints; re-r;eads, etc. f o r month of October,. 1986.

Correspondence was presented fron the Harrisonburg R e t a i l Merchants' Association, i n v i t i n g members of Council to pa r t i c i p a t e i n the annual Downtown Christmas Parade on Sunday, Decartber 7th, at 2:00 P.M.

City Manager Milam c a l l e d Council's attention to the Report of f i n a n c i a l statements f o r the RDckingham Public Library, year ended June 30, 1986, prepared and submitted by the CPA Firm of S.B. Hoover Ss Company. He noted that a copy of the report would be on f i l e i n h i s o f f i c e , f o r review.

Ci t y Manager Milam presented a report fron the Harrisonburg E l e c t o r a l Board, signed by a l l o f f i c i a l s , setting out votes cast i n the General Elec t i o n held on November 4, 1986, as follows: For Congress: Flo Neher Traywick, 1,495; James R. "Jim" O l i n , 2,351. Proposed Constitutional Amendments: Question 1: Yes, 1,740; No, 1,849; Question 2: Yes, 1,300; No, 2,207; Question 3: Yes, 2,846; No, 595; Question 4: Yes, 2,799; No, 664. The report was ordered f i l e d .

,/ At 7:55 P.M., Mayor Green closed the regular session tenporarily, and c a l l e d the evening's public hearing to order. C i t y Manager Milam read the following Notice of Hearing as advertised i n the Da i l y News Record newspaper on October 23rd and November 6th: .

The Eavr-isonburg City Council wiil hold a Fublic Fearing on Tuesday, November 11, 1986, at 7r30 P.M. in the City Council Chambers, 345 South Main Street, to consider the following rezoning request:-

Bemard Bolt request to rezone a lot on the corner of Country Club Road and Country Club Court from R~l Single Family Residential to R-3 Multiple Dwelling District. Purpose: To construct 2-story professional office building.

All persons interested will have an opportunity to express their views at this Public Rearing.

CITY OF EARRISONBURG- Marvin B. Milam, City Manager Attention was c a l l e d to the following Planning Conmission report which had been presented to Council at the October M t h meeting:

"...The Commissioners studied a site plan drawn by Copper & Amith, showing a proposed 2-story professional office building on the 0. 78 acre Bemard Bolt property. The - triangular parcel faces Country Club Road and will also border Country Club Court. Mr. Copper said that Mr. Bolt will construct curbing along Country Club Road, 12' off the existing paved roadway, and 40 off-street parking spaces plus landscaping will be placed on the site. The structiire will look some­what like a residence, since single family homes are located on the north side of Country Club Road, facing- nearby -Clay Street. Mr. Milam noted that Mr. Bold has fully developed- Country Club Court and this request will improve the appearance of the property and the area.

Mr. Eughes moved for the Commission to recommend the rezoning of 0.78 acres owned by Bernard Bolt, from R-1 Single Family Residential District to R~3 Multiple Dwelling District for professional office development on Country Club Road. Mr. Rhodes seconded the motion which passed unanimously..."

Planning Director S u l l i v a n pointed out the location on a map, noting a small triangular parcel of land on the north side of Country Club Court townhouse development, and separated from Spotswood Acres Subdivision by Country Club Road. The Conmission's public hearing was held i n October, and Mr. Su l l i v a n noted that a couple questions had been raised by residents i n the area, concerning the p o s s i b i l i t y of allowing commercial a c t i v i t i e s , which concern was-cl a r i f i e d by assurance given that i n t h i s p a r t i c u l a r instance, a two-story professional o f f i c e building would be constructed, with of f - s t r e e t parking. Mayor Green c a l l e d on anyone present, desiring to be heard either f o r or against the rezoning request. f i r . J.R.Copper described the proposed structure, noting two entrances: fron Country Club Court and Country Club Road. He added the fact that the plan i s only preliminary f o r the pixrpose of rezoning the l o t , with f i n a l plan to be prepared and presented at a l a t e r date, follow­ing t h i s evening's decision. Mr. Copper offered an opinion that the t r a f f i c problen should be very low, f i v e days a week. Mr. Sul l i v a n pointed out that professional o f f i c e s are permitted i n an R-3 zone, and that an e f f o r t i s made to inform the public that t h i s i s different from regulations under General Business. He expressed hope that t h i s p a r t i c u l a r rezoning would be seen as a t r a n s i t i o n type use. There being no others desiring to be heard, the Hearing was closed at 8:01 P.M. and the, regular^session reconvened.

^Mayor Green asked members' wishes concerning the rezoning request of Mr. Bernard Bolt for a l o t situate on the corner of Country Club Road and Country Club Court from R-1 Single Family Residen­t i a l to R-3 Multiple Dwelling D i s t r i c t , as discussed i n t h i s evening's public hearing. Vice-Mayor Dingledine moved that the reconmendation of the Planning Ccmmission be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council. OY4. 3hpuJ. /^^^

For consideration of a second h f i n a l reading, C i t y Attorney Thunma presented an ordinance amending Section 12-1-56 of the Ci t y Code, e n t i t l e d : "Direct S e l l e r s . " He noted that the ordinance, approved f o r a f i r s t reading on October 28th, provides f o r persons conducting or engaging i n direct s e l l i n g ( i . e . Avon, Tupperware, Mary Kay Cosmetics, etc.) to pay an annual license tax ( i f sales exceed $ 4,000), of $0.20 per $100 ot r e t a i l sales or $0.05 per $100 of wholesale sales, whichever i s applicable. Council Menber Rhodes moved that the ordinance be approved for second Ss f i n a l reading, with authorization f o r the Mayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by C o m c i l Menber Shank, and adopted by a manimous recorded vote of C o m c i l . (Ord. Bk L, page 80).

•-^For consideration ot a second Ss f i n a l reading. C i t y Attorney -Thunma presented an ordinance amending and re-enacting Section 12-l-30(a) of the Ci t y Code, e n t i t l e d : "Contractors." He noted that the ordinance, approved for a f i r s t reading on October 28th, reinserts the words "rent or lease"

145 which were inadvertantly emitted under t h i s section i n 1983, when the Code was revised. On motion of Coimcil Member Robinson, seconded by Vice-Mayor Dingledine, and a imanimous recorded vote of .Council, the ordinance was approved f o r second & f i n a l reading, with authorization f o r the Mayor to sign the. ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. (Ord. Bk L, page 81).

" Coimcil received the following Planning Commission report frcm i t s meeting of October 29th: "...The DiveotoT ve-ported that City Staff has reviewed all changes on

the construction and engineering documents which have heen submitted by Vatton,. Rarris, Rust and Associates, including revisions delivered on October 22nd, hours prior to. the Commission's last meeting. Any future questions will be settled as construction takes place. City Staff has

• agreed to this approach. Section 1 will have 18 single family lots and 6 duplex lots while Section 2 is a proposal for 48 multi-family units in 8 structures. Both Bidden Creek and South Dogwood Drive will be 60' wide.

Mr. Hughes moved that the Commission recommend approval of the Final Flans for Sections 1 and 2, Hidden Creek Subdivision. Mr. Heath seconded the motion which passed unanimously..."

Planning Director Sullivan c a l l e d attention to maps attached to the Commission's report, and oriented Council on the project: two separate subdivisions with two separate owners, side by side. R-3 property on the northwest side of Rockingham Square new shopping center and a new road on the northeast side of the shopping center. On the f i r s t section, predoninantly single family l o t s with three of the l o t s , duplex, r e s u l t i n g i n three tor-sale. Section 2 i s l o c a l housing (48 multi-family units i n 8 structures). Mr, Sullivan offered an opinion that "everything had been ironed out" i n the Commis­sion's meeting, with a l l i n order f o r approval. He added the fact that Section 2 does not complete the s i t e , i n that there w i l l be a Section 3 i n the future, with requirement for dedication of some streets. }1r. George Foard, a representative of Patton, Harris, Rust & Associates, said t h i s w i l l be a nice development and compatible to the area, i n that the miulti-family structures w i l l be d i r e c t l y i n rear of the new shopping center. On motion of Council Member Robinson, seconded by Council Member Rhodes, and a unanimous vote of Council, the reconmendation of the Planning Conmission was approved.

'''tx)uncil received the following report from a C i t y Planning Conmission meeting held on October 29th:

"...The Director reported' that the construction and engineering drawings for Section 6 Extended, Preston Heights, have been reviewed and the lot layout plus proposed Tabb Court is satisfactory, although variances are required to allow the sharp curve and double street frontage for Lots IS & 16. Staff will work out the details with the designer regarding street and utility work along Cantreli Avenue.

Noting that nine additional single family homes will be added to a site backing up to single family homes. Mr. Eeath moved that the Commission recom­mend approval of Preston Eeights.^ Subdivision, Section 6 Extended, including a variance to allow the sharp curve on Tabb Court and double street frontage for Lots 15 & 16. Mr. Rhodes seconded the motion which passed unanimously..."

Planning Director Sullivan noted that covenants are being arranged so that a l l houses w i l l face the cul-de-sac, with backyards touching c a n t r e l i avenue. The developer w i l l be responsible f o r curb & gutter on the cul-de-sac. He pointed out the fact that Lot 22 should be included, along with Lots 15 & 16 for double frontage, although not set out i n the Commission's report, Mr. John Driver infoimed Council that he had been employed by the Prestons, and pointed out the area on a map, noting that the only way, without the sharp curve, would be 80' wide l o t s , 300' deep. The requirement for 400' between blocks under the Subdivision Control Ordinance, has resulted i n one l o t of 100', rtr. Driver said that a request has been made for Tabb Court to be t i e d into C a n t r e l i Avenue, with a 35' radius (a t o t a l distance of 105' of entrances and e x i t s ) . Although Highway standards require a 100' acceleration and a 100' deceleration lane, Jlr. Driver offered an opinion that the 35' radius i s much safer, i n that thp use of lanes r e s u l t s i n cars t r a v e l l i n g p a r a l l e l to t r a f f i c . At 35 BIPH, a driver has to turn aroimd at 180° to see i f t r a f f i c i s coming. C i t y Manager Milam said that the C i t y Engineer had asked for acceleration and deceleration lanes, as required, and said that he, personally, would l i k e to see approximately 100' of curb & gutter along Lot 23 on C a n t r e l i Avenue, since i t i s an exi s t i n g street. He referred to a s i t u a t i o n of Lot 10 on Paul Street, where curb h gutter goes to the rear of the l o t , and noted the fact that Lot 23 would have no curb & gutter, as wel l as Lots 15, 16 or 22. Manager Milam.noted that improvonents to ex i s t i n g streets are a monumental problen for the Public Works Department, as w e l l as for future l o t owners, and that C i t y Staff f e e l s that whatever i s approved on t h i s project, w i l l be look at one-half block up the h i l l , .The decision, he noted, i s that of Council. IVhen Coimcil Menber Rhodes asked i f there were any plans fo r widening C a n t r e l i Avenue, .Jlr.'Milam said, "not to my knowledge." He asked that i t be made clear i n Council's minutes, that future property owners are not to harrass certain c i t y o f f i c i a l s regarding improvements i n the future, Althoi^h i t was a desire ot C i t y Staff f o r the developer to place curb and gutter i n front of Lot 23, the Ci t y i s barred by law from requiring a developer to malce improvenents on. an existing, street. He noted that t h i s p a r t i c u l a r section of street i s included along with previous dedications, with no improvements, l-lir. Driver said that the developer plans to place some pipe i n a ditch, for picking up water to Ca n t r e l i Avenue. Council Menber Shank offered a motion f o r the Planning Conmission reconmendation to be approved, including Lot 22 along with Lots 15 & 16 for frontage. The nr>tion was seconded by Vice-Mayor Dingledine, and adopted by a majority recorded vote of Council. Mayor Green, abstaining, f i r . Driver then asked for a variance to allow a 35' radius, i n that the C i t y Engineer w i l l require acceleration & deceleration lanes, as required by the Highway Department. Council Menber Shank offered an opinion that the C i t y Engineer should be present i n a future meeting to discuss the si t u a t i o n , i n order that the "other side may be heard." fdr. Driver said he would be unable to get the plans approved, u n t i l some decision i s reached. Council Member Rhodes (a representative of Council on the Ci t y Planning Commis­sion) said he assumed that the reconmendation would cover everything, and not hold up the project. He offered a motion to waive the requirement f o r acceleration and deceleration lanes, i n t h i s p a r t i c u l a r instance. The motion was seconded by Coimcil Member Shank, and adopted by a majority recorded vote of Council. Mayor Green, abstaining.

'"^rrespondence dated 11/7/86 was presented from the Law Firm of J u l i a s , B l a t t & B l a t t , represen­t i n g Craig and Roberta Moore, contract purchaser of the Joshua Wilton home situate on the corner of

1'46- ^ South Main & Campbell Streets, currently owned by Mrs. Shakie Macher. A 2-fold request was set out i n the correspondence: (1) that the proposed conditional zoning d i s t r i c t , i n the draft copy.of the new Zoning Ordinance, be adopted by the City; (2) Approval of conditional zoning f o r the aforanentioned property, i n order that i t may serve as a restaurant & inn f a c i l i t y . A $75 check was enclosed for processing the rezoning request, and the following conditions set out i n the correspondence by the firm, on behalf of i t s c l i e n t s : (1) f a c i l i t y not to be open to the public on Sundays, p r i o r to 12:00 noon i n order to acconmodate a c t i v i t i e s at St.Stephens United Church of Christ; (2) use of the property to be r e s t r i c t e d to a Restaurant Ss Inn F a c i l i t y , and that" no other use, otherwise permitted under the B-2 Zoning D i s t r i c t , be permitted f o r t h i s particurar property. Attorney Steve B l a t t said his c l i e n t wants to know i f there i s any l i k e l i h o o d of the house "seeing any daylight", and asked the ' Ci t y to process machinery to approve conditional zoning, by r e f e r r a l back to the Ci t y Planning Comnis­sion f o r a public hearing, etc. C i t y Manager Milam suggested that the request could be sent back to the Planning Conmission f o r deliberation on the t o t a l zoning document. He noted t h i s as a c r i t i c a l time f o r the property owner and contract purchaser, and pointed out the fact that i f Council proceeds through the time l i m i t t o r a public hearing, i t could be the middle of February before an answer concerning rezoning of the property, could be given. He added the fact that t h i s could be handled as a text change, rather than a map change. Planning Director S u l l i v a n made reminder that the former request was for B-2 General Business zoning, and that although he, personally, was i n favor, there had been some protest at the Commission's Hearing. Three pages of the proposed Zoning Amendment r e l a t i n g to Conditional Zoning met with no opposition, whereas the section r e l a t i n g to Special Permits, had met with opposition. He suggested that the Planning Conmission could schedule a second public hearing f o r rezoning of the property to B-2, but with the condition that the property be used, only as requested by the contract purchaser, i n written documents. Council Member Shank offered a motion for. the request to be referred back to the Planning Commission, and. the motion was seconded by Vice-Mayor Dingledine. Mayor Green said he had heard nothing bad re proposed use of the property by the Moores, or proposed conditional zoning, and reiterated the time l i m i t on sale of the property. The motion was adopted by a unanimous vote of Council.

i/Mr. Kenneth Huffman of the CPA Firm of Phibbs, Burkholder, Geisert Ss Huffman, was present i n the meeting, on i n v i t a t i o n of Council, to review the City's 67 page Annual Audit Report for f i s c a l year ended 6/30/86. He again stressed the need for a f i x e d asset report and was informed that t h i s has been -undertaken by an Intern, working out of the C i t y Manager's Office. Another recommendation -was for one in d i v i d u a l to be responsible f o r a "Watch Dog" task, to see that each federally f-unded program i s properly audited, i n order to s a t i s f y the City's r e s p o n s i b i l i t y to the Program. Wien Vice-Mayor Dingledine asked why the Conmunity Services' Board could not be included along -with the c i t y ' s audit, i n that funds are appropriated to the Board, Iih-. Huffman sai d he would check into the matter. Upon completion of the review, Mr. Huffman i n v i t e d members of Council to contact the firm with any further questions, and Mayor Green expressed appreciation f o r the review.

^ ^ - ^ i t y Manager Milam reminded Council that following a public hearing on October 14th, approval had been granted f o r the closing of 0.24 of an acre of land (paper street) on the south side of Country Club Road, ending at the C-W Railroad right-of-way, as requested by Mr. Bernard BolX', owner of the land on both sides of the area requested for closing. He presented a proposed ordinance f o r the closing, as prepared by C i f y Attorney Thunma, f o r consideration of a f i r s t reading, Mr. Thunma sa i d that inasmuch as the name "Hirsch Lane" was not mentioned i n the information he had received f o r preparation of the ordinance, he would, with Council's permission, redraw the ordinance to include the name, p r i o r to a second Ss f i n a l reading. Two corrections noted i n Council was duplication of Coxmtry Club Road i n the description section of the ordinance, which should read: Coxmtry Club Road and then Coxmtry Club Court, and setting the area out as a street, rather than an a l l e y . Vice-Mayor Dingeldine offered a motion for the ordinance to be approved for a f i r s t reading and referred back to the City Attorney f o r the mentioned corrections and addition. The motion -was seconded by Coxmcil Member Robinson, and adopted by a xmanimous recorded vote of Coxmcil.

Coxmcil received the following report fron the Harrisonburg Transportation Safety Conmission meeting held on November 4th:

After observing the present traff-ia pattern of one -lane southbound and 2 lanes northbound and the resulting difficulty in making left turns safely. Chief Presgrave made a motion that the traffic pattern on South Main Street from south of the Pleasant Valley intersection to the City's southem limits be redesigned to have one lane southbound, one lane northbound, and a center lane for left turns only. Further, he motioned that the speed limit in the same section on South Main Street be reduced to 45 mph. Secretary Jean Tamkin seconded the motion; and following further discussion by all members present, the motion was adopted unanimously by the Commission.

Coxmcil Member Shank offered a raotion for the recommendations of the Ccmmission to be approved. Coxmcil Member Rhodes made mention that the Ci t y may stand to lose sane state fxmding, should the pattern be changed as reconmended, i n that i t would not be considered a highway. The motion was then seconded by Vice-Mayor Dingledine, and adopted by a xmanimous vote of Coxmcil.

Correspondence dated 11/4/86 was presented from C i t y Treasxxrer Beverly S. M i l l e r , requesting authorization to advertise as xmpaid, delinquent r e a l estate f o r years 1985 and 1985, as required xmder Section 4-1-29 of the Harrisonburg C i t y Code. On motion of Coxmcil Member Robinson, seconded by Coxmcil Manber Shank, and a xmanimous vote of Coxmcil, the Ci t y Treasurer was so authorized.

/ Coimcil Member Shank, moved that a supplanental appropriation i n amoxmt of $ 31,819.68, requested by the F i r e Chief i n order to recover fxmds from Rockingham Coxmty as w e l l as from Donations, be approved f o r second Ss f i n a l reading, a f i r s t reading having been approved on October 28th, and that:

$ 6,083.18 chgd,to: General Fund (1901,01) Recoveries Ss Rebates 25,736,50 chgd,to: General Fund - Unapprop, Fund Balance 27,124.68 approp.to: General Fund (3201-1001,06) Dispatchers 4,695,00 approp,to: General Fund (3201-7001,03) Equipment

The motion was seconded by Coimcil Member Rhodes, and adopted by a imanimous recorded vote of Council,

yCity Manager Milam c a l l e d members' attention to t h e i r copies of a detour plan, sutanitted by the Department of Public Works, for re-routing vehicles over 12 tons gross weight, around the North Liberty Street bridge over Blacks Rim, I t was noted that proper detour signs would be i n s t a l l e d by November Mth, Manager Milam said the detour was prompted, following a routine inspection of the bridge between

^ ^ 147 West Wolfe and West Elizabeth Streets, r e s u l t i n g i n a gross l i m i t of 12 tons being set by the

State Highway Department. He traced the route, verbally, f o r southbound trucks on North Main Street, as follows: West onto Gay Street, l e f t onto High Street to C a n t r e l i Bridge - across bridge and l e f t turn onto South Main Street. He said the bridge should be redesigned and r e b u i l t at an estimated cost of $ 100,000, funds f o r which are not available i n t h i s year's budget. They w i l l , however, be provided i n next year's budget for f i s c a l year 1987 88. The report was f o r information.

''^Vice-Mayor Dingledine offered a suggestion f o r establishment of a color code to be considered for permits issued for the various areas of the c i t y designated for "Permit Parking Only," p r i o r to issuance of permits i n January, 1987.

At 9:30 p.m., on motion duly adopted. Council entered an executive session to discuss.personnel and a le g a l matter.

At 10:35 p.m., the executive session was closed and the regular session reconvened.

''" Wb-yor Green asked members' wishes concerning appointment of representatives on the Harrisonbmg-Rockingham Regional Sewer Authority, due to expiration of present_terms on July 14th of t h i s year. Coimcil Member Rhodes offered a motion f o r the following Authority members: Messrs. Roy Erickson, Warren L. Braun, John E. Driver and John Gordon, to continue serving as manbers of the Authority u n t i l such time as appointments are made. The motion was seconded by Coimcil Member Shank and adopted by a unanimous vote of Council. (REEER TO MINUTES OF N0VEB.1BER 25TH FOR CORRECIED WORDING OF MOTION.)

There being no further business, the meeting was adjourned.

^''<teX^ ^ CLERK , •

Tuesday, Novanber 25, 1986

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q. Thumma,Jr. ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, J r . ; Council Manbers Elon W. Rhodes, Thomas H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

Minutes of the regular meeting held on November 11th were approved as corrected. Attorney Thumma noted that from a legal, standpoint, the motion to extend terms of a l l present manbers of the Regional Sewer Authority representing Harrisonburg, f o r one year, must be reworded as follows: " a l l manbers s h a l l continue to serve u n t i l such time as appointments are made." He noted that the length of a term i s set out i n the contract between the Sewer Authority and p a r t i c i p a t i n g governing bodies, and cannot be changed. ,

C i t y Manager Milam presented a p e t i t i o n signed by 59 residents, requesting street l i g h t s i n Ashby Heights. He was asked by Council to look into the s i t u a t i o n , .and report back at a future meeting, with additional information.

C i t y Manager Milam presented correspondence, signed by the owners of eight l o t s fronting,on Belts Road i n Section I I I of Fairway H i l l s Subdivision. A proposal was made for each l o t owner to contribute $ 3.45 per l i n e a l foot f o r construction arid i n s t a l l a t i o n of curb and gutter along the front boundary l i n e of his/her own l o t . The $ 3.45 represents 40% of $ 8.60 which i s the i n s t a l l a t i o n cost per foot, estimated by the C i t y Engineer. I t was noted that the willingness to contribute i s contingent upon the i n s t a l l a t i o n of curb and gutter being completed within twelve months. A second request was for Belts Road to be .paved as soon as p r a c t i c a l . Jtr. Donald Taylor of 245 Belts Road and owner of Lot #74, reminded Council that request had been made i n October f o r the iraprovanents, with an agreanent at that time for the l o t owners to contribute toward i n s t a l l a t i o n of curb & gutter. He added the fact that 40% of the cost had seaned to be a f a i r araoimt. Manager Milam suggested that the project be included i n next year's budget, i n that most of the c i t y ' s funds are conmitted to projects. He said the City has to j u s t i f y ejqDenditures for a l l streets,: to the Highway Department, with Belts Road as one street that w i l l have, to be fimded. He noted that Reservoir Street and University Boulevard have exhausted c i t y funds. Requests have been received from Country Club Road for Improvements, and i s set up as the c i t y ' s next project. Vice-Mayor Dingledine offered a motion for the Betts Road project to be considered i n the City's budget for f i s c a l year 1987-88. The motion was seconded by Council Meraber Robinson, and adopted by a unanimous vote of Council.

Correspondence was presented frcm Jfr, James Monger i n which request was made f o r the rezoning of the back portions of two l o t s between Old South High Street and Blacks Run, from R-2 Residential to M-1 I n d u s t r i a l . I t was noted that the side of one l o t adjoins R. S. Monger & Sons, Inc., which i s zoned Mr. Monger stated that the area would be cleaned up and used for storage of building materials. A p l a t and check i n amount of $75 f o r processing the request, were enclosed. On motion of Coimcil Member Shank, seconded by Coimcil Member Rhodes, and a unanimous vote of Coimcil, the request was referred to the C i t y Planning Conmission.

"^s follow-up to a l e t t e r dated 11/3/86 frcm Attorney Steven B l a t t to Jdrs. W i l l i e t t Moyers, Business Manager of Wamer Cable Communications, Inc., with copies sent to Attomey Bmce Wallinger, C i t y Manager ffilam and Mr. Daniel Newberry, Attorney W i l l i a l J u l i a s appeared before Council to speak to the matter, i n the absence of Attorney B l a t t . He noted that Jtr. Newberry has a place of business on M i l l e r C i r c l e , east of South Main Street, and has been s t r i v i n g f o r over a year to be provided with cable service. Several of Jtr. Newberry's tenants are also interested i n the service, but so f a r , the only thing that has been accomplished i s one excuse after another, with no one seeming to know what i s going on. Attorney J u l i a s said he f e l t t h i s type of conduct should be brought to the attention of C i t y Council, and i f nothing can be done for taxpayers i n the City,- t h i s information should be f i l e d away for reference when the cable franchise i s acted upon. He noted that i n a review of the Franchise Ordinance, nothing could be found to exclude any i n d i v i d u a l frcm cable service, and asked some e^qDlana-t i o n f o r the a r b i t r a r y delay by Warner Cable Conmunications, Inc. i n providing the service. Vice-Mayor

^ 147 West Wolfe and West Elizabeth Streets, r e s u l t i n g i n a gross l i m i t of 12 tons being set by the

State Highway Department. He traced the route, verbally, f o r southbomd trucks on North Main Street, as follows: West onto Gay Street, l e f t onto High Street to C a n t r e l i Bridge - across bridge and l e f t turn onto South Main Street. He said the bridge should be redesigned and r e b u i l t at an estimated cost of $ 100,000, funds f o r which are not available i n t h i s year's budget. They w i l l , however, be provided i n next year's budget for t i s c a l year 1987 88. The report was f o r information.

''"vice-Mayor Dingledine offered a suggestion f o r establishment of a color code to be considered for permits issued for the various areas of the c i t y designated for "Permit Parking Only," p r i o r to issuance of permits i n January, 1987.

At 9:30 p.m., on motion duly adopted, Coimcil entered an executive session to discuss, personnel and a le g a l matter.

At 10:35 p.m., the executive session was closed and the regular session reconvened.

'"'^yor Green asked members' wishes concerning appointment of representatives on the Harrisonburg-Rockingham Regional Sewer Authority, due to expiration of present_terms on July 14th of t h i s year. Council Member Rhodes offered a motion f o r the following Authority members: Messrs. Roy Erickson, Warren L. Braun, John E. Driver and John Gordon, to continue serving as members of the Authority u n t i l such time as appointments are made. The motion was seconded by C o m c i l Member Shank and adopted by a manimous vote of C o m c i l . (REFER TO MINUTES OF NOVEt.lBER 25TH FOR CORRECTED WORDING OF MOTION.)

There being no further business, the meeting was adjourned.

______________ ^^^TutiZ. CLERK .

Tuesday, Novanber 25, 1986

At a regular meeting of C o m c i l held i n the C o m c i l Chamber t h i s evening at 7:30 there were present: Mayor Walter F, Green, 3rd;. C i t y Manager Blarvin B. Milam; C i t y Attorney E a r l Q. Thumma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raymond C. Dingledine, Jr*.; C o m c i l Members Elon W. Rhodes, Thomas H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none.

^^.linutes of the regular meeting held on November 11th were approved as corrected. Attorney Thunma noted that from a legal.standpoint, the motion to extend terms of a l l present members of the Regional Sewer Authority representing Harrisonburg, f o r one year, must be reworded as follows: " a l l members s h a l l continue to serve m t i l such .time as appointments are made." He noted that the length of a term i s set out i n the contract between the Sewer Authority and p a r t i c i p a t i n g governing bodies, and cannot be changed. ,

C i t y Manager Milam presented a p e t i t i o n signed by 59 residents, requesting street l i g h t s i n Ashby Heights. He was asked by C o m c i l to look into the s i t u a t i o n , and report back at a future meeting, with additional information.

C i t y Manager Milam presented correspondence, signed by the owners of eight l o t s fronting,on Betts Road i n Section I I I of Fairway H i l l s Subdivision. A proposal was made for each l o t owner to contribute $ 3.45 per l i n e a l foot f o r construction arid i n s t a l l a t i o n of curb and gutter along the front bomdary l i n e of his/her own l o t . The $ 3.45 represents 40% of $ 8.60 which i s the i n s t a l l a t i o n cost per foot, estimated by the C i t y Engineer. I t was noted that the willingness to contribute i s contingent upon the i n s t a l l a t i o n of curb and gutter being completed within twelve months. A second request was for Betts Road to be paved as soon as p r a c t i c a l . Jdr. Donald Taylor of 245 Betts Road and owner of Lot #74, raninded C o m c i l that request had been made i n October for the improvements, with an agreement at that time for the l o t owners to contribute toward i n s t a l l a t i o n of curb 8s gutter. He added the fact that 40% of the cost had seemed to be a f a i r amomt. Manager Milam suggested that the project be included i n next year's budget, i n that most of the c i t y ' s funds are' conmitted to projects. He said the City has to j u s t i f y expenditures f o r a l l streets,: to the Highway Department, with Betts Road as one street that w i l l have, to be fmded. He noted that Reservoir Street and University Boulevard have exhausted c i t y fmds. Requests have been received from Comtry Club Road f o r improvaaents, and i s set up as the c i t y ' s next project. Vice-Mayor Dingledine offered a motion for the Betts Road project to be considered i n the City's budget for f i s c a l year 1987-88. The motion was seconded by C o m c i l Manber Robinson, and adopted by a manimous vote of C o m c i l .

Correspondence was presented frcm Mr. James Monger i n which request was made for the rezoning of the back portions of two l o t s between Old South High Street and Blacks Rm, from R-2 Residential to M-1 I n d u s t r i a l . I t was noted that the side of one l o t adjoins R. S. Monger Ss Sons, Inc., which i s zoned Mr. Monger stated that the area would be cleaned up and used for storage of building materials. A plat and check i n amomt of $75 f o r processing the request, were enclosed. On motion of C o m c i l Member Sharik, seconded by C o m c i l Member Rhodes, and a manimous vote of C o m c i l , the request was referred to the C i t y Planning Conmission.

follow-up to a l e t t e r dated 11/3/86 from Attorney Steven B l a t t to fir s . W i l l i e t t Moyers, Business Manager of Warner Cable Commmications, Inc., with copies sent to Attorney Bruce Wallinger, C i t y Manager Milam and Mr. Daniel Newberry, Attorney W i l l i a l J u l i a s appeared before C o m c i l to speak to the matter, i n the absence of Attomey B l a t t . He noted that Jfr. Newberry has a place of business on M i l l e r C i r c l e , east of South Main Street, and has been s t r i v i n g f o r over a year to be provided with cable service. Several of ffr. Newberry's tenants are also interested i n the service, but so f a r , the only thing that has been accomplished i s one excuse after another, with no one seeming to know what i s going on. Attorney J u l i a s said he f e l t t h i s type of conduct should be brought to the attention of C i t y C o m c i l , and i f nothing can be done for taxpayers i n the City,- t h i s information should be f i l e d away for reference when the cable franchise i s acted upon. He noted that i n a review of the Franchise Ordinance, nothing could be fomd to exclude any i n d i v i d u a l frcm cable service, and asked some explana­t i o n f o r the a r b i t r a r y delay by Warner Cable Canrnmications, Inc. i n providing the service. Vice-Mayor

148 Dingledine offered a siaggestion f o r the correspondence to be referred to Attorney Holmes Harrison, special attorney employed by the c i t y to evaluate the present cable service, and to work toward a franchise, either renewal or new. The suggestion mietwith Council's approval, and the correspondence was so referred.'

y^Ms. Susan Yoder, Vice-President of the Community Mediation Center Board of Directors, introduced other o f f i c i a l s and seme volunteers who were present i n the meeting, and oriented Council to services rendered i n t h i s community by the non-profit organization. She noted that the organization s t r i v e s to s e t t l e c o n f l i c t s over miatters such as fence l i n e s , o l d debts, problems between landlords and • tenants, etc. Community support comes from 30 active volunteers and about 100 residents who are involved. The most recent program i n s t i t u t e d , i s i n the f i e l d of education. Ms. Yoder expressed a hope that the organization, which i s located at 298 Green Street, Harrisonburg, can be of service to groups ( i . e . c i t y council), as i t grows. When a question was raised i n Council, Ms. Yoder said that a fee of $10 i s imposed per party,- per session of approximately two hours. Mayor. Green expressed appreciation f o r the report, and wished the organization success i n i t s endeavor.

Council received the following Planning Conmission report frcm i t s Novanber 19th meeting: "...The Corm'i-ss'ioners read an Ootdbev 24-bh tetter from Mrs. Eunice Miller

and- Er. Robert Shouey, stating that their desire to have Lot 1 in the Edgetaim. Addition, - divided, and both agree 'not to use the.-parts for construction of any improvement independent of- the adjacent lot -which we presently own. ' The letter also states that the interior lot lines between newly created lots and their respective properties, are to be vacated.

The Director reminded the Commis-sioners that -this resubdivision was tabled on October 22nd and the letter of October 24th from Mrs. Miller and Dr. Shouey had been requested. • If divided, Mrs. Miller will add Lot IB to her house lot as expanded side yard area, and Dr. Shouey wild purchase Lot lA and use it to expand his professional: of fiee parking Vot.

Mr. Eartman moved and Mr. Eughes seconded the motion that the Commission recom­mend approval of the division of Lotl, Edgelawn Addition, and the vacating of lot lines between Lot 1'and the Miller house and Dr. - Shouey's office. The motion passed unanimously..."

Planning Director S u l l i v a n c a l l e d attention to the attached map and f i n a l plan, noting that the l o t d i v i s i o n represents the abolishing of a l o t l i n e , permitting fcs. M i l l e r to s e l l the northern half to Dr. Shouey and r e t a i n the southern half of the l o t . Vice-Mayor Dingledine offered a motion for the reconmendation of the Planning Commission to be approved. The motion was seconded by Council Member Robinson, and adopted by a unanimous vote of Council.

The following Planning Commission report from a Novanber 19th meeting, was presented: The Commissioners studied a plat drawn by Robert Jellum, showing a S3,055 square

foot piece of land to be purchased by Mr. and Mrs. Delaney Deavers. It will enlarge their residential property, located at 780 Stone Spring-Road. Access to the adjacent farm owned by Doris Dull, Walter Randolf, and Bernice Deavers will not be blocked, as a long -sliver of land will be retained. . -

Mr. Eughes moved and Mr. Eartman . seconded the motion to recommend approval. The motion passed unanimously..."

Planning Director Sullivan pointed out the location on a map, noting that the land would be expanded by a 33,055 square foot addition, on property owned by Delane37- and BemiCe Deavers, situate on Stone Spring Road. Council Manber Robinson moved that the recommendation of the Ci t y Planning Conmission be approved. The motion was seconded by"Coimcil Member Rhodes, and adopted by a unanimous vote of Council.

Coimcil received the following report from a Novanber 19th meeting of the Ci t y Planning Conmis­sion:

"...Attorney Eenry Clark presented copies of a map showing William Eeatwole's and Saroo's property, and he explained why Mr. Eeatwole in conjunction with the Sarco Corporation are establishing 60' and 200' wide strips of land which will serve as easements for access purposes, e-nabling vehicular traffic to reach interior land currently owned by Sarco and Eeatwole. The easements will not become public streets at this time, but either or both owners may dedicate their respective strip for public use. All of the land surrounding these strips is zoned M-1 Industrial, and the recently announced Japanese firm will be immediately north of the 60' strip.

Mr. Eartman moved and Mr. Eughes seconded his motion that the Commission recom­mend approval of these easements. The motion passed unanimously..."

B/tr. Clark pointed out the location on a large map, noting a prospective i n d u s t r i a l area of 34 acres. The small s t r i p of land (50' x 1220') i s needed by BIr. Sarco, serving as an easanent to the back t r a c t of land. When Council Member Shank asked i f the street, i f developed, w i l l f i t i n with the City's plan, Mr. Sullivan r e p l i e d i n the affirmative. Coimcil was informed that the two easements w i l l form access routes to i n t e r i o r property located on the west side of North Liberty Street. Coimcil Member Rhodes offered a motion for the recommendation of the Ci t y Planning Conmission to be approved. The motion was seconded by Coimcil Blember Robinson, and adopted by a imanimous vote of Council.

"" The following Planning Conmission report from i t s Novanber 19th meeting, was received by Coimcil: "...The Commissioners studied a plat by Bobby L. Owens, showing a 60' wide

strip of land located along the south side of Sellers' Fumiture Store. A letter from Attomey Glenn Bodge stated that Sellers Furniture Stores, Inc. intends to convey the 31,959 square foot strip to Mr. Cletus -Sellers. It serves as a right-of-way from South Main Street to Mr. Sellers' home and farm.

Mr. Rhodes moved that the Commission recommend approval. Mr. Eughes seconded the motion which passed unanimously... " • •

Planning Director S u l l i v a n referred to a l e t t e r of October 17th which he had received from Attorney Hodge, enclosing a p l a t of the 60' s t r i p and noting that conveyance of the fee simple ownership i n the s t r i p i s i n l i e u of a right-of-way which Cletus S e l l e r s presently has over the land of Se l l e r s Furniture Stores, Inc. Mr, Sul l i v a n noted that i t w i l l be a private s t r i p of land, .and would not be created as a public street. Council Member Shank moved that the reccmmendation of the C i t y Planning , Conmission be approved. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

Counoil received the following report tron a Novenber 19th nieeting of the C i t y Planning Conmis­sion:

• "....The Commissioners were asked by Mr. Bill 7. Neff and Mr. J.R.Copper to approve a resubdivision of Lot 7B, Section 1, Interstate Commercial lark. Mr. Ike McCary wants to add u narrow sliver of land (1,994 square feet) to . ' his existing Lot 7C on Reedy Circle. The Lirector read a 'memo ' from City engineer Wilcox which listed 7 technical concerns and strongly urged 'that absolutely no further resubdivision be. approved.. ' Mr. Neff explained why he has not established a new drainage ditch across Lot 7F, but will do so along the east side of McCdry's property when development of Lot 7F is finalized. Be promised also to grant the City ' a 20 ' drainage easement when the ditch is established. Chairman Trobaugh asked Mr. Neff to reply in writing to the City Engineer's memo and to meet with him.

Mr. Eeath then moved that the Commission recommend approval of the resub­division of Lot 7D, Section 1, Interstate Commercial Fark. Mr. Eartman seconded the motion and all members voted in- favor..."

Itr. Neff noted that ffr. McCary i s i n need of the an a l l s t r i p of land (l/20th of an acre), i n that he has i n i t i a l l y purchased only the amount of land he f e l t was necessary, fir.. Copper explained that Lot 7D i s requested for resubdivision, by conbining same into Lots 7E and 7F, thereby eliminating Lot 7D. Vice-flayor Dingledine offered a motion f o r the reconmendation of the City Planning Commission to be approved, and the motion was seconded by Council flenber Robinson, Wien Mayor Green questioned the request i n the report for a conmitment by ftr, Neff, i n w r i t i n g , to the Ci t y Engineer, f i r . S u l l i v a n presented a l e t t e r which he had received t h i s evening from ftr. Neff, addressed to the attention of Cit y Engineer Wilcox, In h i s l e t t e r , ftr. Neff set out the facts that a drainage ditch, s t a r t i n g at the end of Hartman's property and running p a r a l l e l with Ike McCary's property to the cul-de-sac, w i l l be constructed inmediately and an easenent w i l l be given the C i t y f o r t h i s portion. The renaining ditc h from the cul-de-sac to 1-81 w i l l be constructed on a temporary basis u n t i l such time as t h i s property i s sold and the new owner locates any f a c i l i t i e s that may affect the ditch locations. Futther added was that " a l l work w i l l be conipleted i n accordance with general acceptable contracting practices including erosion control. I t i s the intent to have the above completed on or before December 31, 1986." Having received ftr. Neff's conmitment i n w r i t i n g , the notion to approve the re­subdivision was then adopted by a unanimous vote of Council,

The following Planning Conmission report from i t s November 19th meeting, was presented: "...Mr. Bill Neff told the Commissioners he is purchasing a ZO' wide

strip of land from Virginia Poultry Federation, as part of-his overall -package for a Nonesboro, Arkansasshopping center developer. This strip of land will become part of a private road leading to proposed 'Spotswood Square ' shopping center from Terri Street.

Mr. Hughes moved and Mr. Rhodes seconded the motion to recommend approval. .All members present voted in favor..."

ftr, Neff, present i n the meeting, oriented Council to the location and layout, noting resubdivision of Lot 1, Section 17, on the north side of T e r r i Street, On motion of Council Member Rhodes, seconded by Council fteraber Shank, and a unanimous vote of Council, the reconmendation of the Ci t y Planning Conmission was. approved,

^'"''^uncil received the following Planning Conmission report, closely related to the one presented just p r i o r to t h i s report:

"...Mr. Bill Neff explained how the resubdivision of Lot 1-, Section 1, •Virginia Poultry Federation Subdivision is needed to complete his package for a shopping- center developer who will soon build 'Spotswood Square ' northeast of East Market. Street. The 20' utility easement crossing this property will not be moved or altered in any way.

Mr. Eughes moved and Mr. Rhodes seconded ' the motion to recommend approval. All members present voted in favor..."

ftr, Neff pointed out location of the s t r i p of land, which he had traded previously to the Poultry Federation, and which had been resubdivided. Vice-flayor Dingledine offered a motion for the recoimen-dation of the Ci t y Planning Conmission to be approved. The motion was seconded by Council Menber Shank, and adopted by a unanimous vote of Council.

Council received the following Planning Conmission report from i t s Novenber 19th meeting: ",.. Under other matters, Messrs. J. R. Copper and Eenry C. Clark, asked

the Commission to approve the final plan for Easthampton Subdivision, a 16-lot residential plan for 8. duplex structures. The Commission tabled the proposal on October 22nd. On November 3rd, Messrs. Copper, Sullivan and Wilcox visited the site at the end of Vale Circle. Mr. Wilcox recommended that Mr. Copper completely redesign the layout. Mr. Copper reported to the Commission that the owners, Messrs. Clark and Ness.elrodt, rejected this • approach. The promised to install 8" water and sewer pipe, curb and gutter

• Easthampton Court, 'and plant a buffer strip of shrubs or trees along Mrs. Beverly Silver's property line.

The Director noted that variances are needed to permit the 11.3% grade and sharp curve on Easthampton Court. Mr. Rhodes moved and Mr. Eughes seconded the motion to recommend approval of the Final Plan, Section 1 for. Easthampton Subdivision, with variances for the 11.5% grade and the sharp curve.- The motion passed unanimously..."

Planning Director Sullivan pointed out location of the Section on a large map and sai d the Conmission does expect some kind of planting to serve as a buffer, as promised and set out i n the Commission's report to Council. Council flember Rhodes offered a motion for the reconmendation of the Ci t y Planning Conmission to be approved. The motion was seconded by Council ftember Shank, and adopted by a unanimous vote of Council.

ftayor Green said he had received complaints concerning the tremendous jump on Universit5r Blvd, p a r t i c u l a r l y when snow i s on the street. Some consider i t a dangerous s i t u a t i o n . He asked i f there i s anything that could be done at t h i s stage of the game, insofar as f i l l d i r t , which may lessen the dip from a safety standpoint. He. said he f e e l s there w i l l be problems on the street with the f i r s t big snow or ic e storm, ftr, John Driver, former Assistant C i t y Manager, said there are no grades on

150 the street over 10% which i s not a l l that bad. There i s a 7 or 8' cut with 5 or 6' f i l l , and the street p r o f i l e was agreed upon. He offered an opinion that there w i l l be no t r a f f i c or safety-problems, ftr. B i l l Neff pointed.out the fact that -when the property i s developed, there w i l l be f i l l t o the edge of the street, and the dip w i l l not appear as i t does now. He noted that i t "looks funny now because the land l y i n g beside the street has not been f i l l e d up." C i t y ftanager Milam said he had hoped to have another lane f o r t r a f f i c and curb & gutter, f i r . Driver said he had t o l d f i r . Neff that the c i t y would b u i l d a 30' street, and ftr. Neff said he -would pass along the p o s s i b i l i t y of curb & gutter to the developer. Following discussion, the flayer asked Manager f.Iilam to take a look at the s i t u a t i o n . • .

t / F o r consideration of a second & f i n a l reading. City Attorney Thimraa presented an ordinance f o r the closing of a 50' paper street southeast of the intersection of Country Club Court with Country Club Road. He noted that the ordinance had been redrawn since f i r s t reading of same on Novanber 11th, and c a l l e d attention to corrections that were requested, including name of the street, "Hirsch Lane." Council flanber Eobinson offered a motion for the ordinance to be approved f o r second &, f i n a l reading, •with authorization f o r the flayer to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Vice-flayor Dingledine, and adopted by a unanimous recorded vote of Council. (Ord. Book L, page 82).

^ Concerning an ordinance for the closing of a 10' a l l e y between Franklin & Bruce Streets which had been approved for a f i r s t reading on November 11th, C i t y ftanager flilam c a l l e d attention to a corrected copy of same which had been placed before each manber of Council t h i s evening, changing the l a s t portion of the ordinance. C i t y Attorney Thumma referred to a l e t t e r dated 11/24/86 from Mr. Lester J . Steele, whose property adjoins the a l l e y , s t a t i n g no desire to acquire any portion of the 10' a l l e y when closed. In view of t h i s , and the fact that the o r i g i n a l ordinance s p l i t the area between ftr. Steele and fir s . Charlotte Showker, the ordinance was redrawn, vesting the t i t l e to the entire area i n the name of Charlotte Showker, owner of property on the opposite of the a l l e y . C i t y Manager flilam noted receipt of a check from Mrs. Showker i n t o t a l amount of $ 2,273.75, representing payment of $ 1.25 per foot f o r the 1,819 square foot area. Council flember Shank offered a motion f o r the ordinance, as amended, to be approved f o r a second & f i n a l reading, -with authorization f o r the flayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book, The motion was seconded by Council flember Eobinson, and adopted by a unanimous recorded vote of Council. (Ord. Book L, page 83).

Inasmuch as ftr. Henry L. IVhitelow's f i r s t term -will expire as of November 29th, Council Member Ehodes offered a motion for his reappointment to a second term of four (4) years on the Harrisonburg Eedevelopment & Housing Authority, expiring November 29, 1990. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

t/Comcil was raninded that the f i r s t term of ftr, flichael P a t r i c k on the Building Code Board of Appeals, w i l l expire as of November 30th. C o m c i l flember Ehodes moved that ftr. P a t r i c k be reappointed to a second term of f i v e (5) years on the Board, expiring on Novanber 30, 1991. The motion was seconded by C o m c i l flanber Shank, and adopted by a manimous vote of C o m c i l ,

At 9:25 p.m., on motion duly adopted, C o m c i l entered an executive session to discuss a l e g a l matter.

At 11:30 p.m., the executive session was closed and the regular session reconvened,

''^Vice-Mayor Dingledine offered a motion for the two regular meetings of C o m c i l on Decanber 9th and 23rd, to be changed to one single meeting, to be held on Tuesday, Decanber 16th. The raotion was seconded by C o m c i l flember Ehodes, and adopted by a manimous vote of C o m c i l .

There being no .fixrther business, the raeeting -was adjourned.

At a regular meeting of C o m c i l held i n , the C o m c i l Chamber t h i s evening at 7:30 there were present: flavor Walter F. Green, 3rd; C i t y flanager flarvin B. ftilara; C i t y Attorney E a r l Q. Thumma, J r . ; Clerk N. Arlene Loker; Vice-!Iayor Raymond C, Dingledine, J r . ; C o m c i l flembers Elon W. Ehodes; Thomas H, Robinson, I I , Charles L, Shank; C i t y Auditor P h i l i p L, Peterman and Chief of P o l i c e Eichard W,Presgrave, Absent: none,

flinutes of the regular meeting held on November 25th were approved as read.

The following regular monthly reports were presented and ordered f i l e d : Frora the C i t y ftanager:

A Progress Eeport of a c t i v i t i e s i n the various depar-fcments and said o f f i c e f o r the month of Novanber, 1986, From the C i t y Treasurer:

A t r i a l balance report as of close of business on Novanber 30th, From the P o l i c e Department:

A report of Fines & Costs, $ 4,496; Cash collected frcm street parking meters, $ 6,890,44; t o t a l cash collected, paid on accomts and turned over to C i t y Treasurer f o r month of November, $ 11,386,44, From the C i t y Auditor:

A f i n a n c i a l report for month of November, 1986. A report of cash discomts saved i n payment of vendor's invoices f o r month of

Novanber, 1986, $ 496,39, From the Departnient of U t i l i t y . B i l l i n g :

A report of water, sewer & refuse accomts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc,for month of Novanber, 1986,

CIEEK

Tuesday, December 16, 1986

15-0 _ _ : the street over 10% which i s not a l l that bad. There i s a 7 or 8' cut with 5 or 6' f i l l , and the street p r o f i l e was agreed upon. He offered an opinion that there w i l l be no t r a f f i c or safety problems, ftr. B i l l Neff pointed.out the fact that wiien the property i s developed, there w i l l be f i l l to the edge of the street, and the dip w i l l not appear as i t does now. He noted that i t "looks funny now because the land l y i n g beside the street has not been f i l l e d up," C i t y ftanager Milam said he had hoped to have another lane f o r t r a f f i c and curb & gutter, ftr. Driver said he had t o l d ftr, Neff that the c i t y would b u i l d a 30' street, and ftr. Neff said he would pass along the p o s s i b i l i t y of curb 8s gutter to the developer. Following discussion, the ftayor asked Manager flilam to take a look at the s i t u a t i o n . •

/>/For consideration of a second 8s f i n a l reading. City Attorney Thumma presented an ordinance for the closing of a 50' paper street southeast of the intersection of Country Club Coirrt with Country Club Road. He noted that the ordinance had been redrawn since f i r s t reading of same on November 11th, and c a l l e d attention to corrections, that were requested, including name of the street, "Hirsch Lane." Council ftember Robinson offered a motion for the ordinance to be approved f o r second 8s f i n a l reading, -with authorization for the ftayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book. The motion was seconded by Vice-ftayor Dingledine, and adopted by a unanimous recorded vote of Council. (Ord, Book L, page 82),

y Concerning an ordinance for the closing of a 10' a l l e y between Franklin 8s Bruce Streets which had been approved for a f i r s t reading on- November 11th, C i t y ftanager flilam c a l l e d attention to a corrected copy of same which had been placed before each manber of Council t h i s evening, changing the l a s t portion of the ordinance. C i t y Attorney Thunma referred to a l e t t e r dated 11/24/86 from Mr. Lester J , Steele, whose property adjoins the a l l e y , stating no desire to acquire any portion of the 10' a l l e y when closed. In view of t h i s , and the fact that the o r i g i n a l ordinance s p l i t the area between ftr. Steele and ftrs, Charlotte Showker, the ordinance was redrawn, vesting the t i t l e to the entire area i n the name of Charlotte Showker, owner of property on the opposite of the a l l e y . C i t y ftanager ftilam noted receipt of a check from ftrs, Showker i n t o t a l amount of $ 2,273,75, representing payment of $ 1,25 per foot f o r the 1,819 square foot area. Council ftember Shank offered a motion for the ordinance, as amended, to be approved for a second 8s f i n a l reading, with authorization f o r the flayor to sign the ordinance and the Clerk to attest same and spread upon the pages of the City's Ordinance Book, The motion was seconded by Council ftember Robinson, and adopted by a unanimous recorded vote of Council, (Ord, Book L, page 83),

' ' Inasmuch as ftr, Henry L. IVhitelow's f i r s t term -will expire as of November 29th, Council Member Rhodes offered a motion for his reappointment to a second term of four (4) years on the Harrisonburg Redevelopment 8s Housing Authority, expiring Novanber 29, 1990. The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous vote of Council.

i/Council was reminded that the f i r s t term of ftr. flichael P a t r i c k on the Building Code Board of Appeals, w i l l expire as of November 30th. Council Member Rhodes moved that ftr. P a t r i c k be reappointed to a second term of f i v e (5) years on the Board, expiring on November 30, 1991. The motion was seconded by Council flanber Shank, and adopted by a unanimous vote of Council,

At 9:25 p.m,, on motion duly adopted. Council entered an executive session to discuss a le g a l matter,

At 11:30 p.m., the executive session was closed and the regular session reconvened,

Vice-flayor Dingledine offered a motion for the two regular meetings of Council on December 9th and 23rd, to be changed to one single meeting, to be held on Tuesday, Decanber 16th, The motion was seconded by Council ftember Rhodes, and adopted by a unanimous vote of Council,

There being no .further business, the meeting -was adjourned.

CLERK flAYQJ

Tuesday, December 16, 1986

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: ftayor Walter F. Green, 3rd; C i t y flanager Marvin B. flilam; C i t y Attorney E a r l Q. Thumma, J r . ; Clerk N. Arlene Loker; Vice-flayor Raymond C. Dingledine, J r . ; Council Members Elon W. Rhodes; Thomas H, Robinson, I I , Charles L, Shank; C i t y Auditor P h i l i p L, Peterman and Chief of P o l i c e Richard W,Presgrave, Absent: none.

flinutes of the regular meeting held on November 25th were approved as read.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y flanager:

A Progress Report of a c t i v i t i e s i n the various departments and said o f f i c e f o r the month of November, 1986, From the C i t y Treasurer:

A t r i a l balance report as of close of business on Novanber 30th, From the P o l i c e Department:

A report of Fines 8s Costs, $ 4,496; Cash collected fron street parking meters, $ 6,890,44; t o t a l cash collected, paid on accounts and turned over to C i t y Treasurer f o r month of November, $ 11,386,44, From the C i t y Auditor:

A f i n a n c i a l report f o r month of Novanber, 1986, A report of cash discounts saved i n pajment of vendor's invoices f o r month of

Novariber, 1986, $ 496.39. From the Department of U t i l i t y . B i l l i n g :

A report of water, sewer 8s refuse accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; complaints; re-reads, etc.for month of Novanber, 1986.

^ 151: ' Gity Manager Milam presented the following report from a November 18th meeting of the, Harrison­

burg Transportation Safety Canmission: Starting with the old lousiness from the meeting on Ootoher 28,

1986, Chairman James Rhodes asked for Jim Baker 's report from the Street Department on the traffic count at the intersection of Mason and Market Streets. Noting that during a 12 hoia? period on Friday, November 14th, there were only 129 left turns made onto Mason Street hy traffic easthound on Market Street as comrpared to 1889 left turns hy westbound traffic on Market Street, Jim Baker suggested that the left turn signal for traffic easthound on Market Street at its inter­section with Mason Street could he eliminated so that there would be two lanes easthound on Market Street from Federal Alley east to the city limits. Further discussion was held before Jean Tamkin motioned to recommend that the left turn signal he eliminated as suggested hy Mr. Baker. Nelson Fitzwater seconded the motion and it was approved by a unanimous vote of the Ccmmission. • , . '

Council Member Rhodes, a member of the Commission, noted that i t was f e l t by Commission members that removal of the l e f t turnsignal was needed, i n order to improve t r a f f i c flow on Market Street. On motion of C o m c i l Member Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the recommendation of the Transportation Safety Cormission was approved.

A request was presented from P o l i c e Chief Presgrave f o r approval of a supplemental appropriation i n amoimt of $ 1,001.65, i n order to replace overtime wages, through funds received from various sources f o r serv ices rendered by poli c e o f f i c e r s . Vice-Mayor Dingledine moved that the appropriation be approved for a f i r s t reading, and that:

$ 1,001.65 chgd.to: General Fund (1901.01) Recoveries & Rebates 1,001.65 approp.to: General Fund (3101-1001.07) Overtime

The motion was seconded by Council Member Robinson, and adopted by a unanimous recorded vote of Council.

.^-'^Council received a request•from Parks & Recreation Director Gilkerson for approval of a supple­mental appropriation i n amoimt of $ 2,215., i n order to transfer monies received from ALEXSIS for c o l l i s i o n damage less deductible and salvage b i d f o r repair of the 1974 truck. C i t y Manager Milam noted that the funds had been received frcm the state. Council Member Robinson offered a motion f o r the appropriation to be approved f o r a f i r s t reading, and that:

$ 2,215.00 chgd.to: General Fund (1901.01) Recoveries & Rebates 2,215.,00 approp.to: General Fund (7101-3004.03) .Ilaint. S: Repairs- Auto Equip.

The motion was seconded by Council Member Rhodes, and adopted by a imanimous recorded vote of Council.

^ A request was presented from F i r e Chief S h i f f l e t t for approval of a supplanental appropriation i n amount of $ 8,800.24, representing a State Grant. Coimcil Member Shank moved that the appropria­t i o n be approved for a f i r s t reading, and that:

$ 8,800.24 chgd.to,: General Fund (2201.13) Real.Revenue- F i r e Programs Fund 8,800.24 approp.to: General Fund (3201-7006.00) F i r e Programs Fund

The motion was seconded by Vice-Mayor Dingledine, and adopted by a unanimous recorded vote of Council.

Reminder was made that the f i r s t term of f/tr. Dwight W. Hartman as a member of the C i t y Planning CoDmission, would expire as of December 31st, and that he would be e l i g i b l e to serve a second term. Council Member Rhodes offered a motion, f o r Hartman to be reappointed to a second term of four (4) years on the Commission, expiring on December 31, 1990. The motion was seconded by C o m c i l Member Shank, and adopted by a manimous vote of C o m c i l .

Mayor, Green noved that the f i r s t term of Mr. James A.Saker as a member of the Harrisonburg E l e c t r i c Canmission, w i l l expire as of December 31st, and asked manbers' wishes concerning an appoint­ment. Vice-Mayor Dingledine offered a motion f o r ftr. Saker to be reappointed to a second term of three (3) years, expiring on December 31, 1989. The motion was seconded by C o m c i l Member Robinson, and adopted by a manimous vote of C o m c i l .

At 8:03 p.m., on motion of Vice-Mayor Dingledine, seconded by C o m c i l Member Robinson,, and a manimous vote, C o m c i l entered an executive session to discuss personnel.-

At 8:40 p.m., on motion duly adopted, the executive session -was closed and the regular session reconvened.

As follow-up to, h i s l e t t e r of 12/2/86, School Superintendent Hiner was present i n t h i s meeting, following a meeting of the School Board, along -with Carson Moore, School Board Chairman. Request was made for C i t y C o m c i l to convey the t i t l e to 33.72 acres of the Lineweaver Land, purchased by the Cit y , to the Board, i n order that application may be f i l e d f o r a L i t e r a r y Emd Loan i n the maximum amomt allowed, of $2 m i l l i o n , toward construction of a new middle school f o r grades 6, 7 & 8, estimated to cost $6 m i l l i o n . Superintendent Hiner noted that the Board remains firm i n i t s desire for an-additional 15 or 16 acres adjacent to the present s i t e , at such time as i t may be needed for a t h l e t i c f i e l d s , parking, environmental lab or school, expansion. He informed C o m c i l that the Board has registered opposition concerning draining of the L i t e r a r y Fmds, by the Legislature, f o r uses other than construction ( i . e . a 10% salary increase f o r teachers), which has resulted i n long delays for low interest rate, loans to coimmities f o r school construction, and added the fact that i t may be two years, or longer, before Harrisonburg -will receive the requested fmds., vflaen Mayor Green asked i f the Board was working toward a s i t e plan. Superintendent Hiner r e p l i e d that a preliminary plan setting out proposed location of, the school building, parking l o t , a t h l e t i c f i e l d s , entrances & ex i t s , etc., should be ready i n draft form, for presentation, by January-of 1987. Vice-Mayor Dingledine offered a motion f o r 33.72 acres of the Lineweaver land to be deeded to the Harrisonburg School Board, and the motion was seconded by C o m c i l Member Robinson. C i t y Manager Milam explained that the Lineweaver family had given a Deed of G i f t (9J acres) f o r school use,, and the c i t y had purchased the remaining 139 acres f o r a new school and future park area. The 9J acres, mder separate deed, i s included i n the 33.72 acres requested by the Board. He added the fact that the c i t y has retained a 30' s t r i p along the west side of West Market Street f o r future widening to 4 lanes, and

/

152 an additiona.1 30' construction easement. The property has an approximate 1500' frontage on West Market Street and i s 850' i n depth. The motion to deed the acreage was then adopted by a unanimous vote of Co-uncil Members present, with Council Member Shank having been excused from the remainder of the meeting, due to another commitment, p r i o r to discussion of the School Board's request.

There being no further business, and on motion duly adopted, the meeting was adjourned at 9:00 p.m.

At a regular meeting of Council held i n the Council Chamber t h i s evening at 7:30 there were present: Mayor Walter F. Green, 3rd; C i t y Manager Marvin B. Milam; C i t y Attorney E a r l Q.Thumma, J r . ; Clerk N. Arlene Loker; Vice-Mayor Raj/mond C. Dingledine, J r . ; Council Members Elon V/. Rhodes, Thomai H.Robinson, I I , Charles L. Shank; C i t y Auditor P h i l i p L. Peterman and Chief of P o l i c e Richard W. Presgrave. Absent: none. •

Minutes of the regular meeting held on December 16th were approved as read.

The following regular monthly reports were presented and ordered f i l e d : From the C i t y Manager:

A Progress Report ef a c t i v i t i e s i n the various depar-fments and said o f f i c e for the month of Deceriber, 1986, From the C i t y Treas-urer:

A T r i a l Balance report as of close of business on December 31, 1986. From the P o l i c e Department:

A report of fines & costs, $ 4,649.25; Cash collected from street parking meters, $ 6,814.21; Total cash collected, paid on accounts and turned over to C i t y Treasurer for month of Decenber, 1986, $ 11,463.46. From the C i t y Auditor:

A f i n a n c i a l report for the month of December, 1986. A report of cash discounts saved i n payment of vendor's invoices f o r month of

Decanber, 1986, t o t a l i n g $ 190.04 From the Dept.of U t i l i t y B i l l i n g :

A report of water, sewer 8c refuse accounts; meters read; i n s t a l l a t i o n s ; cut delinquents; Complaints; re-reads, etc. for month of December, 1986.

C i t y Manager Milam introduced Harrisonburg's newly appointed Assistant C i t y Manager, Mr. Roger Baker, and noted that the former C i t y Manager of C l i f t o n Forge, Va., has moved into his home i n Stonefield V i l l a g e Subdivision, and assumed h i s duties here.

- Correspondence dated 1/9/87 was presented frcm Attorney Lewis F. J o l l y , requesting subdivision of a l o t situate on the southeast corner of South flason and East Bruce Streets, o-wned j o i n t l y by Mr. and Mrs. J o l l y and Mr. and Mrs. Jay Secor. Purpose of the subdivision i s to provide the Secors with sole ownership of the 1/3 portion which l i e s i n rear of t h e i r property for conversion into backyard area, and ownership of the renaining 2/3 portion to be retained by the J o l l y s f o r continuation of a lease to Continental Telephone as parking l o t area. Council's attention -was c a l l e d to a p l a t , attached to the correspondence. On motion of Council Meraber Rhodes, seconded by Council Member Shank, and a unanimous vote of Council, the reauest was referred to the C i t y Planning Coramission for review and report,

^ As follow-up to his correspondence of January 9, 1987, Mr, J , R, Copper, J r , , President of Copper 8i Smith, was present i n the meeting-to present two requests on behalf of the firm's c l i e n t , K St L Associates, developers of.Longview Oaks Subdivision, namely: (1) c i t y to provide water 8z; sewer services to 55 housing im i t s -within the County of Rockingham on the east side of Vine Street, and (2) for the c i t y to take appropriate action to vacate a l l o r i g i n a l property l i n e s and/or streets within the corporate l i m i t s , located m t h i n the boundary of H i l l t o p Farms Subdivision, pertaining to the proposed Longview Oaks Subdivision, fi r . Copper presented a map, setting out location of the proposed subdivision, as related to Vine Street, Stonefield V i l l a g e Subdivision, c i t y ' s water tank, etc. He noted that the C i t y had accepted a right-of-wa37 te construct a portion of the street which t i e s into the e x i s t i n g portion of Vine Street at Harris Gardens, The cerporare l i n e did not change -under annexation of coxmty land, by the C i t y of Harrisonbxirg, but rather, the property i n question was divided i n half with a portion of same i n the coxmty and the ranainder i n the c i t y . Last month, a plan for subdivision of the entire t r a c t was submitted to the City Planning Commission, with action delayed by the Commis­sion i n view of the necessity to vacate various property l i n e s and/or streets, as w e l l as the necessity of receiving the county's approval f o r rezoning of the a g r i c u l t u r a l area to r e s i d e n t i a l use. I t was noted that a portion of the structures w i l l be -within the City, and approximately 55 structures i n the county, IVhen Coimcil Meriber Rhodes said that questions were raised i n the Commission's raeeting concerning garbage c o l l e c t i o n , school busing, e t c , ftr. Copper r e p l i e d that the project i s i n "somewhat of a dilanna, and these d e t a i l s w i l l have to be worked out between the t^ro j u r i s d i c t i o n s , " With regard to police and f i r e protection, ftanager flilam pointed out that the p o l i c e department would have j u r i s d i c t i o n i n the entire area since they would be within the one mile l i m i t a t i o n , but the f i r e department can only answer c a l l s i n the county area, upon i n v i t a t i o n to do so, f i r . Copper said they would be looking into accesses that can be turned into through streets i n the future, and added that they were open to suggestions. Manager flilam said the Planning Conmission had looked.at the preliminary plan and f e l t that the vacation of property l i n e s and/or streets should precede any action, as w e l l as provision of water and sewer services outside the c i t y l i m i t s . He noted that H i l l t o p Farms Subdivi­sion i s e x i s t i n g , amd siggested that the c i t y representatives may wish to meet with the county repre­sentatives, and developer, to reach some solutions. Coxmcil flember Rhodes made raninder that other areas also have need for water and sewer services, and added an observation that the present request could not be approved, -without running into some problems. Following discussion. Council flenber Shank offered a motion for the request concerning vacation of l i n e s and/or streets, to be referred to the Planning Coramission for review and report. The motion -was seconded by Council flember Rhodes, and

CLERK

Tuesday, January 13, 1987