City Council
Regular MeetingHarrisonburg, VA · August 12, 2014
Minutes
409 South Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Minutes - Final
City Council
Mayor Ted Byrd
Vice-Mayor Charles Chenault
Council Member Kai Degner
Council Member Richard Baugh
Council Member Abe Shearer
Tuesday, August 12, 2014 7:00 PM Council Chambers
1. Roll call
Present: 5- Mayor Ted Byrd, Vice-Mayor Charles Chenault, Council Member Richard Baugh,
Council Member Kai Degner, and Council Member Abe Shearer
Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica
Kann, City Attorney Chris Brown, and Police Chief Stephen Monticelli
2. Invocation
Council Member Shearer offered the invocation.
3. Pledge of Allegiance
Mayor Byrd led the Pledge of Allegiance.
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
Panayotis "Poti" Ginnakouros, 98 Emory Street, reminded Council that a year ago
tomorrow Council participated in a momentous decision in the history of Harrisonburg .
Mr. Ginnakouros also mentioned that the listening session last night pertaining to the
jail was also filled with the same moral voice.
Jim Orndoff, 2 North Main (resides Bridgewater), thanked staff for putting together last
night’s listening session regarding the jail. Mr. Ordnoff spoke in opposition of the
expansion and in support of other alternatives.
James "Bucky" Berry, 30 West Washington Street, spoke about his concern about the
power outage last week and the emergency lines being down. Mr. Berry feels that the
Emergency Communication Center (ECC) needs a better back up in case the same
types of instances reoccur.
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
A motion was made by Vice-Mayor Chenault, seconded by Council Member Degner, that these
matters were approved on the Consent Agenda. The motion carried by the following vote:
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Yes: 5- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, Council Member
Degner, and Council Member Shearer
No: 0
5.a. Approval of minutes
These Minutes were approved on the Consent Agenda.
5.b. Consider a request to amend Section 15-3-2 of the Harrisonburg City Code by
expanding subsections containing definitions and specific prohibitions to further
define excessive noise and noise violations.
This Ordinance was approved on second reading.
6. Public Hearings
6.a. Public Hearing - Consider an application for closing public street and alley
right-of-way from James Madison University. The rights-of-ways include portions
of South Mason Street and East Grace Street, an Alley between South Main Street
and South Mason Street, and portions of Chesapeake Avenue near the former
Rockingham Cooperative site.
Stacy Turner, Community Development Director, provided an overview of the property
and surrounding properties. Mrs. Turner stated JMU is requesting to close and vacate
three public street right-of-ways (ROWs) and one public alley. Mrs. Turner stated
since JMU owns the adjacent properties, this is an unusual situation. Mrs. Turner
stated the applicant explained the purpose for closing East Grace Street and Mason
Street is to make these areas more pedestrian and bicycle friendly in association with
their Grace Street corridor plans and to better accommodate these areas in
connection with the Student Success Center. The intent for closing the public alley is
to incorporate this ROW within their adjacent property to accommodate a planned
parking deck to be located at the corner of Martin Luther King, Jr. Way and South
Mason Street, which would support the Student Success Center. The reasoning to
close the identified portions of Chesapeake Avenue is to incorporate that ROW within
their adjacent property to make way for a 20,000 square foot annex for Facilities
Management. Mrs. Turner reviewed utilities located along the property and stated
before any plats are recorded Public Works will work with the City Attorney to get
proper easements for infrastructure. Mrs. Turner stated both staff and Planning
Commission recommend approval with the condition that appropriate easements be
reserved for all utilities and infrastructure.
Mayor Byrd asked if there are other areas in the City that JMU owns property on both
sides of the road. Mrs. Turner stated there probably are but she couldn't think of any
at the moment. Mayor Byrd asked if the same reasoning for recommendation here,
go for other request like this. Mrs. Turner stated it would be a case-by-case basis.
Mrs. Turner stated information was sent out to all departments for review and were
given opportunity to provide feedback. Vice-Mayor Chenault stated they are not
recommending this closure just because JMU owns both sides of the street. Mayor
Byrd showed concern towards traffic flow for students accessing the parking deck
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when the street closure took place. It was noted that JMU is not proffering their
Master Plan in this request. Mrs. Turner stated JMU and Public Works have been in
communication for several months regarding this closure.
At 7:16 p.m., Mayor Byrd closed the regular session and called the first public hearing
to order. A notice appeared in the Daily News-Record on Monday, July 28, 2014 and
August 4, 2014.
Gary Beatty, 131 West Grace, stated he didn't oppose the closing of Chesapeake; he
wanted to know the plans for the end, such as a cul-de-sac. Mr. Beatty also stated
prior to JMU obtaining the property, there was parking allowed on that street. Mr.
Beatty suggested a cul-de-sac to help traffic turn around and parking to be reinstated
for property owners.
Vice-Mayor Chenault stated there shouldn't be any other traffic than those going to the
facility, but if there are, they could use the parking lot. Suggestions were made to add
signage that it was a dead end.
Steven Blatt, 755 S. Dogwood Drive, stated he was opposed to the closing of Grace
Street and the Mason Street access. Mr. Blatt also opposed to Chesapeake Drive
due to his concerns of a serious fire and the fire department needing access to it. Mr.
Blatt stated it was unprecedented for the land owner to close streets such as these .
Mr. Blatt asked if there was something wrong with the traffic lights on Mason Street
and Grace Street and do they serve the function of which they were designed to do for
the City as a whole not just for the private interest of adjoining land owners. Mr. Blatt
stated if it is so critical, why hasn't this closing been in the plan and why is it
happening now? Mr. Blatt stated that the road for Costco being moved that was
mentioned in the Planning Commission minutes were for different reasons. Mr. Blatt
stated he wants to be able to drive on those roads that are being requested to be
closed and JMU isn't paying one penny. Mr. Blatt suggested Council to delay the
decision so it would give a chance for people to understand and also give the chance
for voters to vote during the upcoming election. Mr. Blatt stated there had been a
request about Franklin Street to be closed and it was turned down. Mr. Blatt stated
closings of streets can't be undone.
James "Bucky" Berry, 30 West Washington Street, stated he would like this item
tabled so an traffic impact analysis (TIA) can be done and reviewed. Mr. Berry stated
he too wants to be able to use the street and feels like JMU gets whatever they want.
Panayotis "Poti" Ginnakouros, 98 Emory Street, stated there was a new street that is
now called Martin Luther King, Jr. Way.
At 7:31 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
The following discussion took place: this is a closing of a street with a sale attached to
it; no traffic analysis has been done and if it has would like to see information; no
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proffers stating that it will remain a road; if information has been shared with Public
Works, they should provide; letting the public vote on this should not be attached to an
election; JMU is a state entity; Fire Department did not oppose this request; Public
Works supports this request; this would improve the safety for both students and
personnel; private entities don't do traffic counts if they aren't needed; wouldn't want
JMU to proffer, they have their own Master Plan; could make it into a pedestrian way;
Public Works doesn't want to maintain it if they don't have to; reduced traffic at the
intersection would improve the pedestrian traffic; if the street had been closed a
fatality might have not occurred; the use for these streets has been changed since
JMU purchased the old hospital; half the roads have been blocked off due to work
being completed and no complaints have been received; Chesapeake will be a public
street until turning private further back; and more development on the corner of
Chesapeake is possible.
A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault, to close a
portion of Chesapeake Avenue, East Grace Street, and a 10-foot alley located between South
Main Street and South Mason Street with the recommended easements be approved. The
motion carried with a recorded roll call vote taken as follows:
Yes: 4- Vice-Mayor Chenault, Council Member Baugh, Council Member Degner, and
Council Member Shearer
No: 1- Mayor Byrd
6.b. Consider a request from Carmel Quinn Falls, Leon Nelson, and HGC, Inc. with
representative Ed Blackwell of Blackwell Engineering for a special use permit to
allow multiple family dwellings of up to 12 units per building within the R-3, Medium
Density Residential District on property addressed as 2475 & 2477 Reservoir
Street.
Council Member Degner stated he has listed several properties in this area so he will
be abstaining.
Mrs. Turner stated the proposed development is shown to contain three structures;
two 12-unit apartment buildings and a 1,440+/- square foot clubhouse facility. The
apartment buildings are described as three stories, with four bedrooms in each
dwelling; for a total of 96 bedrooms. Parking is provided throughout the remainder of
the property. Mrs. Turner noted the applicant demonstrated that a TIA is not needed
with this project. Mrs. Turner reviewed the property and surrounding properties of the
request. The applicant has expressed a desire to have a temporary construction
entrance off Reservoir Street during the construction phase for this project and
Reservoir Street widening; as well as a possible future gated, emergency access into
the site from Reservoir Street which can be addressed during the comprehensive site
plan review phase. Mrs. Turner reviewed the property line between the existing
Campus View Apartments and the proposed new apartments would be vacated, the
setbacks change as well. Staff has discussed with the applicant that the setbacks
should all conform to the existing phase of Campus View. Also, a shared parking
agreement would not be necessary once the property line is vacated. Mrs. Turner
reviewed why staff and Planning Commission believe the proposed development has
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met several conditions to justify the development. Mrs. Turner stated both staff and
Planning Commission recommended for approval.
Vice-Mayor Chenault asked if this development had any stormwater runoff issues .
Mrs. Turner stated that there was a property near this one, but she doesn't remember
having any problems with this property.
At 7:57 p.m., Mayor Byrd closed the regular session and called the second public
hearing to order. A notice appeared in the Daily News-Record on Monday, July 28,
2014 and Monday, August 4, 2014.
Dick Blackwell, Blackwell Engineering, stated Mrs. Turner described the request well
and made himself available. Mr. Blackwell stated a building that originally showed
touching the line has been changed. Mr. Blackwell stated the joint access for the
construction between the applicant's contractor and the City's contractor will have to
be worked out. He mentioned the road will have to be maintained for the Fire
Department to have second access to the property.
At 7:59 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
Council Member Baugh stated he usually is not a fan of this type of development, but
this one is consistent with the surrounding areas. Vice-Mayor Chenault stated there
was a lot of work and coordination that will need to happen with this development.
A motion was made by Council Member Baugh, seconded by Council Member Shearer, that this
Special Use Permit be approved. The motion carried with a recorded roll call vote taken as
follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Abstain: 1- Council Member Degner
6.c. Consider a request from Rawley Enterprises LC with representative Evaristo
Antonio-Perez-Tomas for a special use permit to allow religious, educational,
charitable, or benevolent institutional uses which do not provide housing facilities
within the M-1, General Industrial District. The property is located at 206 Charles
Street.
Mrs. Turner stated that they became aware of the property when the church applied
for a sign permit for the subject property. Mrs. Turner reviewed the property and
surrounding properties and stated the church has 48 members. Mrs. Turner stated
based on that number they would need 10 on-site parking spaces and currently they
only have four. However, Section 10-3-25 (11) allows Planning Commission to modify
these requirements and the church has already received permission from Valley
Implement Sales, located approximately 70 feet west of the church property along the
same side of Charles Street, to borrow parking spaces. Mrs. Turner stated staff has
also discussed with the applicant that the existing four, on -site parking spaces, which
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back out directly into Charles Street, create an unsafe maneuver and that the
applicants would be responsible for any issues that arise from their use of the parking
area. The applicant is also aware if the request is approved, they would be able to
apply for a change of use permit from the Building Inspections Division. Mrs. Turner
stated both staff and Planning Commission recommended for approval.
At 8:05 p.m., Mayor Byrd closed the regular session and called the third public hearing
to order. A notice appeared in the Daily News-Record on Monday, July 28, 2014 and
Monday, August 4, 2014.
There being no one desiring to be heard, Mayor Byrd closed the public hearing at 8:06
p.m., and the regular session reconvened.
Council Member Degner stated he was glad that the ordinance allowed flexibility and
that the neighboring property was nice enough to allow the applicant to use their
parking space.
A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault, that this
Special Use Permit be approved. The motion carried with a recorded roll call vote taken as
follows:
Yes: 5- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, Council Member
Degner, and Council Member Shearer
No: 0
6.d. Consider a request from Lantz-Eby Enterprises with representative Ken Kline of
Cottonwood Commercial for a special use permit to allow financial institutions and
offices within the M-1, General Industrial District on property addressed as 130 Mt.
Clinton Pike and 302 Acorn Drive.
Mrs. Turner reviewed the property and surrounding properties. Mrs. Turner stated the
applicant is requesting up to five years to begin construction, which Council can
approve per Section 10-3-130(c). Mrs. Turner stated the applicant's submitted letter
describes several details related to the SUP plan of development; the submission
expressed in the letter are part of the SUP, which if approved, must be adhered. The
submitted details are as follows: financial institution and office uses will be restricted to
utilizing no more than 8,000 square feet of building space; if additional square footage
for any other permitted use on the property may require the performance of a TIA; the
property owner would construct, and, if necessary, dedicate right -of-way, for a right
turn lane along Mr. Clinton Pike for vehicles turning onto Acorn Drive; two entrances;
applicant is reserving an area that is 30 feet in width along the entire length of the
subject property's eastern boundary line for a potential public street, for a 10 year
period; the applicant acknowledged staffs suggestion and if they do not
accommodate an entrance further to the north at this time, they would be financially
responsible for relocating their entrance along the potential public street; the property
owner will be required to construct sidewalk along the property's Mt. Clinton Pike and
Acorn Drive street frontage; and it will likely require extension of a public sanitary
sewer main as the closest mains are located about 400 feet to the east and roughly
500 feet to the west of the property. Mrs. Turner stated both staff and Planning
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Commission recommended approval of the request with the five year extension. Mrs.
Turner noted that the applicant should understand that because the property is
surrounded by M-1 zoned lots, the financial use could be adjacent to intense industrial
operations, which they may deem as undesirable neighbors.
At 8:12 p.m., Mayor Byrd closed the regular session and called the fourth public
hearing to order. A notice appeared in the Daily News-Record on Monday, July 28,
2014 and Monday, August 4, 2014.
Dick Blackwell, Blackwell Engineering, stated again Mrs. Turner covered the request
well. Mr. Blackwell stated a TIA was completed, although not official. Mr. Blackwell
noted a 30 foot reserved strip that the applicant will not build on and would be made
available and dedicated to the City for 10 years if the City decides to build a street.
Mr. Blackwell also noted about the right-turn lane on Acorn Drive. He stated that
DuPont Credit Union hasn't proffered the building provided in the drawings, but they
do nice buildings. Mr. Blackwell stated this request would be beneficial to the area .
Mr. Blackwell also noted that the sewer line is planned to be brought from where the
Rockingham County School Board property is. Mr. Blackwell made himself available
for questions.
At 8:15 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
It was noted that this request has been in the works and it is a great example of the
parties’ involved showing cooperation.
A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault, that this
Special Use Permit with the stated conditions be approved. The motion carried with a recorded
roll call vote taken as follows:
Yes: 5- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, Council Member
Degner, and Council Member Shearer
No: 0
6.e. Consider a request from Gerdau to amend the Zoning Ordinance to allow junk
yards within the M-1, General District by special use permit. The amendment
would add text within Section 10-3-96 (8) & (20), add junk yards as an available
special use within Section 10-3-97, add additional text within Section 10-3-99 (c),
add parking regulations for junk yards within 10-3-25 and correct language within
Section 10-3-24
Mrs. Turner stated junk yards would be added as an available special use within
Section 10-3-97 and Section 10-3-99 (c) would be amended to allow materials (i.e. at
junk yard operations) to not have to be completely enclosed within structures when
specifically permitted. Mrs. Turner stated the City originally inherited properties such
as these through annexation. Mrs. Turner reviewed other changes that included the
following: adding off-street parking regulations within Section 10-3-25 specifically for
junk yards and making a correction to Section 10-3-24 within the junk yard definition
by adding "or". Mrs. Turner stated that other discussions are taking place and staff
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might have additional changes. Mrs. Turner stated both staff and Planning
Commission recommended approval to amend and reenact Sections 10-3-24,
10-3-25, 10-3-96, 10-3-97, and 10-3-99 of the Harrisonburg Zoning Ordinance.
Vice-Mayor Byrd asked if these changes will have any impact on existing recycling
facilities. Mrs. Turner stated that is why staff might be coming back with additional
modifications that deal with building types.
At 8:25 p.m., Mayor Byrd closed the regular session and called the fifth public hearing
to order. A notice appeared in the Daily News-Record on Monday, July 28, 2014 and
Monday, August 4, 2014.
Jodi Salyards, 290 Campbell Street, stated he wanted to make sure that staff was
aware of the type of company that was proposing these changes. He stated they
have eight operating centers across the commonwealth and two of which were in the
Shenandoah Valley. Mr. Salyards suggested checking their records to see what type
of company they are. Mr. Salyards stated he is open to competition and with the
changes being proposed, but to make sure all are being treated equally.
Paul Tharp, Information Officer, Smith Industries, Inc., Windsor Mill, MD, stated he
serves as the government liaison for scrap metal locations in Maryland, Virginia,
Delaware, and Pennsylvania. Mr. Tharp reviewed some other organizations on which
he serves and stated he was speaking on behalf of Smith Industries, Inc. Mr. Tharp
was in favor of the SUP still being employed to permit this type of operation, but he
feels that another category other than "junk yards" should be used. He stated it is
time to recognize the benefits and environmental advantages of metal recycling by
establishing it as specific identity under our zoning classifications as a 21st Century
use and stop trying to paste it into an old 20th Century definition. Mr. Tharp stated
scrap metal recycling centers can operate in a clean and safe environment as long as
it has its own operating guidelines; hence the need to create its own zoning use
definition with its own criteria requirements. Mr. Tharp offered the following basic
requirements as a prerequisite for consideration of a SUP application: site size,
environmental, noise, screening, and metal theft. Mr. Tharp closed by requesting
Council send this matter back to Community Development for review.
At 8:40 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
The following discussion took place: staff has acknowledged the ordinances need
further review; these amendments are just to get started; this request isn't for the
SUP, but came due to a possible future request; Community Development can take
suggestions; learned a lot and would like staff to continue to review; manufacturing will
be unique; and good points were made and heard.
Vice-Mayor Chenault asked Mrs. Turner to pass on to staff that the visual
presentations were very helpful.
A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault, that this
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Zoning Ordinance be approved on first reading. The motion carried with a recorded roll call vote
taken as follows:
Yes: 5- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, Council Member
Degner, and Council Member Shearer
No: 0
6.f. Consider reappropriation of encumbrances requested by department heads that
were outstanding at the end of fiscal year 2014
City Manager Hodgen stated at the end of the fiscal year 2014 there were some
outstanding encumbrances for purchase orders which were issued prior to June 30,
2014. These purchase orders were carried forward to the fiscal year 2015 budget;
however, the budgeted funds lapsed as of June 30, 2014. The purchase orders were
for goods and/or services which were contracted for but not received prior to June 30,
2014. City Manager Hodgen stated approval of this request will increase the Fiscal
Year 2015 budget by $3,487,508.11, which increases the budget over 1% of the total
city budget and requires a public hearing for these budget amendments. City
Manager Hodgen noted that no new funds are being presented and they are made up
funds through the General Fund and School Funds.
At 8:46 p.m., Mayor Byrd closed the regular session and called the sixth public
hearing to order. A notice appeared in the Daily News-Record on Monday, August 4,
2014.
There being no one desiring to be heard, Mayor Byrd closed the public hearing at 8:47
p.m., and the regular session reconvened.
A motion was made by Council Member Degner, seconded by Vice-Mayor Chenault, that this
Supplemental Appropriation be approved. The motion carried with a recorded roll call vote
taken as follows:
Yes: 5- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, Council Member
Degner, and Council Member Shearer
No: 0
7. Regular Items
7.a. Report on Northend Greenway Unsolicited PPEA Proposal.
City Manager Hodgen stated an unsolicited PPEA proposal to construct the Northend
Greenway Shared Use Path was received. Per guidelines of this process, city staff
has reviewed the proposal and would recommend to Council that is not in the interest
of the City to proceed with the proposal. Such recommendation is based on the
following: (1.) the proposed project exceeds the scope of work anticipated by Council;
(2.) the proposed project exceeds the amount of available funding for the project; and
(3.) the proposal included no viable alternatives to overcome the exceeding of
available funding. City Manager Hodgen shared the following options available at this
time relative to the project and believe we essentially have three possibilities: ( 1.)
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revert to a "traditional" engineering design, right-of-way acquisition, and construction
bid process for Phase 1 of the project; (2.) do nothing at this time. This would not be
a preferred option as the City is under time constraints from VDOT to spend the
$600,000 in Revenue Sharing funds that were made available for the project. It is
possible that the Revenue Sharing Funds could be moved to a different project,
subject to VDOT approval; or (3.) consider an alternative project. With the pending
construction of the new grocery store project at the intersection of North Main and Mt .
Clinton Pike and its requirement to construct a bike and pedestrian path along the
road frontage, the City could consider continuing that path along Mt. Clinton Pike to its
intersection with Virginia Avenue. There is existing city ROW along most of this route,
along with existing street lighting. Preliminary, in-house cost estimates indicate that
the work could be done at or near the amount of existing available funding. It is
recommended that Council refer these options back to the Bike and Pedestrian
Subcommittee for consideration and recommendation of one of the above
alternatives. City Manager Hodgen stated the City has a good working relationship
with VDOT and they would keep them posted. Council would like a recommendation
by October 28, 2014.
Council Member Degner stated after a trip he took several years ago the group
collectively decided where to prioritize future bike projects which were connectivity of
existing bike lanes to each other and neighborhoods to schools. Council Member
Degner stated he would like the Subcommittee to recommend to Council what is the
best bang for our buck in short term for encouraging ridership City wide that can make
the most impact that isn't only project specific but has the whole bike system involved
in it.
Vice-Mayor Chenault offered a motion to refer this item to the Bike and Pedestrian
Sub-Committee to make recommendations of one or more of the possibilities presented or any
other possibilities to Council within 60 days of receiving the request. Council Member Shearer
seconded the motion and approved by a voice vote.
8. Other Matters
Council Member Shearer stated he met with a group concerned about the low
adoption rate at SPCA. Council Member Shearer stated the group would be coming
to Council at some point to provide recommendations to help increase those rates.
Council Member Baugh reviewed items that were on the Planning Commission
agenda for tomorrow night. Council Member Baugh stated that after comments that
were heard last night, it was unclear what the makeup is of the incarcerated
population at the jail currently. Council Member Baugh stated he was requesting for
information about the demographics of those in jail and what they are in for. Council
Member Baugh also would like to see numbers showing how we got to the number we
are at and how long did it take us to get there. Not only where we are now, but what
was our composition at 250/300. Has it been an across the board general expansion
or has it been particular categories?
City Manager Hodgen stated he felt that was information that the consultant or jail
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needed to provide. City Manager Hodgen stated most that spoke believe that there
are a certain percentage of people that don't have to be jailed and he doesn't have
anything that supports that. It was suggested a point-in-time survey be conducted and
to submit a list of questions to the consultant.
Council Member Degner stated he got a request regarding surcharges for taxi cabs
and would like a report and recommendation at the next meeting. Also, he would like
an update of what is being done by the Emergency Communications Center (ECC) in
regards to the power outage and the generator failure last week.
Vice-Mayor Chenault stated a plan for the Farmers Market bathrooms and office
space in the Municipal Building have been received and suggested to get with the
people involved to get comments. Vice-Mayor Chenault stated hopefully they are
satisfied, because that is all we can do.
Vice-Mayor Chenault stated he would like the "ban the box" item be placed on the
next agenda.
Mayor Byrd also announced that Harrisonburg has been selected by the Kennedy
Center as the 15th national site for Ensuring the Arts for Any Given Child.
Council Member Degner stated National Night Out was another great night.
Vice-Mayor Chenault stated there has been a lot of talk about LEED certification with
different facilities. Vice-Mayor Chenault stated the dedication for the Transportation
Department facility recently took place and the facility is an environmental model.
City Manager Hodgen announced that there was one last listening session about the
jail to take place on Thursday at Turner Ashby High School.
9. Boards and Commissions
No action was taken.
10. Adjournment
At 9:13 p.m., there being no further business and on motion adopted, the meeting was
adjourned.
_________________________ _________________________
City Clerk Mayor
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Agenda
409 South Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda
City Council
Mayor Ted Byrd
Vice-Mayor Charles Chenault
Council Member Kai Degner
Council Member Richard Baugh
Council Member Abe Shearer
Tuesday, August 12, 2014 7:00 PM Council Chambers
1. Roll Call
2. Invocation
3. Pledge of Allegiance
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
5.a. Approval of minutes
Attachments: July 22, 2014 - Draft Minutes
5.b. Consider a request to amend Section 15-3-2 of the Harrisonburg City Code by
expanding subsections containing definitions and specific prohibitions to further
define excessive noise and noise violations.
Review & Council approved 5-0, first reading. Some minor language modifications were made to
Recommendation: the attached ordinance.
Attachments: Public Hearing Notice - Noise
NOISE ORDINANCE revised
NOISE ORDINANCE modified 8.6.14
6. Public Hearings
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6.a. Consider a request from James Madison University to close a portion of
Chesapeake Avenue (24,176 +/- sq. ft.), East Grace Street (50,429 +/- sq. ft.), a
portion of South Mason Street (28,575 +/- sq. ft.), and a 10-foot alley located
between South Main Street and South Mason Street (6,708 +/- sq. ft.).
Review & The section of Chesapeake Avenue is adjacent to tax map parcels 24-S-12, 13 & 15.
Recommendation: The section of East Grace Street is adjacent to tax map parcels 17-B-1 and 25-P-1.
The section of South Mason Street is adjacent to tax map parcels 17-C-0 through 4 and
25-P-1 & 11 through 14. The 10-foot alley located between South Main Street and
South Mason Street is adjacent to tax map parcels 25-P-3, 4, 5, 10, 12, 13, and 13A.
Planning Commission recommended (5-0) closure of 109,888 +/- square feet of public
street and alley right-of-way with the condition that appropriate easements be reserved
for all utilities.
Attachments: Cover Sheet Street Closing JMU (Chesapeake, Mason, & Grace)
Extract Street Closing JMU (Chesapeake, Mason, & Grace)
JMU Street Closings Site Map
JMU Street Closings Zoning Map
Staff Report JMU Street and Alley Closing
JMU Alley Closing Letter
Public Hearing Newspaper Ad
Surrounding Property Owners Notice - JMU.pdf
6.b. Consider a request from Carmel Quinn Falls, Leon Nelson, and HGC, Inc. with
representative Ed Blackwell of Blackwell Engineering for a special use permit to
allow multiple family dwellings of up to 12 units per building within the R-3, Medium
Density Residential District on property addressed as 2475 & 2477 Reservoir Street.
Review & Planning Commission recommended approval (5-0), for the special use permit request,
Recommendation: per Section 10-3-48.4 (6) of the Zoning Ordinance, to allow multiple family dwellings of
up to 12 units per building within the R-3, Medium Density Residential District on the
2.039 +/- acre property identified as tax map parcel 81-A-8; specifically for 2 buildings
of 12 units each and a clubhouse as requested by the application materials.
Attachments: Cover Sheet SUP 2477 Reservoir St Campus View
Extract SUP 2477 Reservoir St Campus View
Site Map - SUP 2477 Reservoir St
Zoning Map SUP 2477 Reservoir St
Staff Report SUP 2477 Reservoir St Campus View Apts
Application and info
Public Hearing Ad - Newspaper
Surrounding Property Owners Notification
City of Harrisonburg Page 2 Printed on 8/7/2014
City Council Meeting Agenda August 12, 2014
6.c. Consider a request from Rawley Enterprises LC with representative Evaristo
Antonio-Perez-Tomas for a special use permit to allow religious, educational,
charitable, or benevolent institutional uses which do not provide housing facilities
within the M-1, General Industrial District. The property is located at 206 Charles
Street.
Review & Planning Commission recommended approval (5-0), for the special use permit request,
Recommendation: per Section 10-3-97 (9) of the Zoning Ordinance, to allow religious, educational,
charitable, or benevolent institutional uses which do not provide housing facilities within
the M-1, General Industrial District on the 8,673 +/- sq. ft. property identified as tax map
parcel 41-B-2.
Attachments: Cover Sheet SUP 206 Charles St
Extract SUP 206 Charles St
Site Map SUP 206 Charles St
Zoning Map SUP 206 Charles St
Staff Report SUP 206 Charles St
Application and info
Public Hearing Ad - Newspaper
Surrounding Property Owners Notification
6.d. Consider a request from Lantz-Eby Enterprises with representative Ken Kline of
Cottonwood Commercial for a special use permit to allow financial institutions and
offices within the M-1, General Industrial District on property addressed as 130 Mt.
Clinton Pike and 302 Acorn Drive.
Review & Planning Commission recommended approval (4-0), for the special use permit request,
Recommendation: as detailed in the application materials, per Section 10-3-97 (4) of the Zoning
Ordinance, to allow financial institutions and offices within the M-1, General Industrial
District on the 3.0 +/- acre property identified as tax map parcel 44-C-1 and further
recommends granting the property owner the ability to have five years from the date of
approval to begin construction for the authorized use.
Attachments: Cover Sheet SUP 130 Mt Clinton Pk
Extract SUP 130 Mt. Clinton Pk
Site Map SUP 130 Mt. Clinton Pike SUP
Zoning Map SUP 130 Mt. Clinton Pike
Staff Report SUP 130 Mt Clinton Pike (10-3-97 (4))
Application and Info
Public Hearing Ad - Newspaper
Surrounding Property Owners Notification
City of Harrisonburg Page 3 Printed on 8/7/2014
City Council Meeting Agenda August 12, 2014
6.e. Consider a request from Gerdau to amend the Zoning Ordinance to allow junk yards
within the M-1, General District by special use permit. The amendment would add
text within Section 10-3-96 (8) & (20), add junk yards as an available special use
within Section 10-3-97, add additional text within Section 10-3-99 (c), add parking
regulations for junk yards within 10-3-25 and correct language within Section
10-3-24.
Review & Planning Commission recommended approval (5-0) of the Zoning Ordinance
Recommendation: amendments that would include adding text within Sections 10-3-96 (8) and (20)
explaining that vehicle salvage, storage of inoperable vehicles, or sale of junk continues
to be prohibited in association with vehicle and other equipment sales or storage and
for uses associated with taxicab, limousine, and bus uses, unless the property owner
obtains a special use permit allowing junk yard.
Junk yards would be added as an available special use within Section 10-3-97 and
Section 10-3-99 (c) would be amended to allow materials (i.e. at junk yard operations)
to not have to be completely enclosed within structures when specifically permitted.
Other changes are: adding off-street parking regulations within Section 10-3-25
specifically for junk yards and making a correction to Section 10-3-24 within the junk
yard definition.
Attachments: Extract ZO Amend Junkyards.doc
Application Gerdau.pdf
Staff Report - ZO Amend.doc
Public Hearing Ad - Newspaper
6.f. Consider reappropriation of encumbrances requested by department heads that
were outstanding at the end of fiscal year 2014.
Review & At the end of fiscal year 2014 there were outstanding encumbrances for purchase
Recommendation: orders which were issued prior to June 30, 2014. These purchase orders were carried
forward to the fiscal year 2015 budget; however, the budgeted funds lapsed as of June
30, 2014. The purchase orders were for goods and/or services which were contracted
for but not received prior to June 30, 2014. The purpose of this supplemental
appropriation is to request that the funds for these outstanding purchase orders be
reappropriated to the current fiscal year's budget.
Approval of this request will increase the Fiscal Year 2015 budget by $3,487,508.11.
This represents an increase of over 1% of the total city budget. Code of Virginia Section
15.2-2507 requires a public hearing for budget amendments that exceed 1% of the
budget.
Attachments: Supplemental Appropriation (Encumbrances)
Encumbrances Listing (City)
Encumbrances Listing (Schools)
Public Hearing Notice (Encumbrances)
7. Regular Items
City of Harrisonburg Page 4 Printed on 8/7/2014
City Council Meeting Agenda August 12, 2014
7.a. Report on Northend Greenway Unsolicited PPEA Proposal.
Review & In April of this year, the City received an unsolicited PPEA proposal to construct the
Recommendation: Northend Greenway Shared Use Path. Per the guidelines of this process, city staff
have reviewed the proposal and would recommend to Council that it is not in the
interest of the City to proceed with the proposal. Such recommendation is based on the
following: 1) the proposed project exceeds the scope of work anticipated by Council;
2) the proposed project exceeds the amount of available funding for the project; and 3)
the proposal included no viable alternatives to overcome the exceeding of available
funding.
Staff has considered other options available at this time relative to the project and
believe we essentially have three possibilities:
1. Revert to a "traditional" engineering design, right-of-way acquisition, and construction
bid process for Phase 1 of the project.
2. Do nothing at this time. This would not be a preferred option as the City is under
time constraints from VDOT to spend the $600,000 in Revenue Sharing funds that were
made available for the project. It is possible that the Revenue Sharing Funds could be
moved to a different project, subject to VDOT approval.
3. Consider an alternative project. With the pending construction of the new grocery
store project at the intersection of North Main and Mt Clinton Pike and its requirement
to construct a bike and pedestrian path along the road frontage, the City could consider
continuing that path along Mt. Clinton Pike to its intersection with Virginia Avenue.
There is existing city right-of-way along most of this route, along with existing street
lighting. Preliminary, in-house cost estimates indicate that the work could be done at or
near the amount of existing available funding
It is recommended that Council refer these options back to the Bike and Pedestrian
sub-committee for consideration and recommendation of one of the above alternatives.
8. Other Matters
9. Boards and Commissions
Visit http://www.harrisonburgva.gov/boards to see current and upcoming vacancies.
10. Adjournment
City of Harrisonburg Page 5 Printed on 8/7/2014
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