City Council
Regular MeetingHarrisonburg, VA · July 14, 2015
Minutes
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Minutes - Final
City Council
Mayor Christopher B. Jones
Vice-Mayor Richard Baugh
Council Member Ted Byrd
Council Member Kai Degner
Council Member Abe Shearer
Tuesday, July 14, 2015 7:00 PM Council Chambers
1. Roll Call
Present: 5- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Ted
Byrd, 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
Vice-Mayor Baugh offered the invocation.
3. Pledge of Allegiance
Mayor Jones 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)
Doris Allen, author of The Way It Was, Not The Way It Is, presented a copy of her
book to Mayor Jones and stated the book provides the history of Harrisonburg and
particularly the Newtown neighborhood. Ms. Allen noted the book costs $15.00.
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
A motion was made by Council Member Byrd, seconded by Council Member Degner to
approve the Consent Agenda as presented. The motion carried with a recorded roll call vote
taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
5.a. Minutes
These Minutes were approved on the Consent Agenda.
6. Public Hearings
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6.a. Consider a request from Jamison Black Marble Wildlife Preserve, LLC to amend
the Zoning Ordinance Section 10-3-97(10) to allow non-transient dwellings with
recreational and leisure time activities within the M-1, General Industrial District by
special use permit
Adam Fletcher, City Planner, presented agenda items 6.a. and 6.b. as one
presentation. Mr. Fletcher described the property as well as the surrounding
properties. Mr. Fletcher noted and reviewed the special use permit (SUP) and
conditions that council approved in 2009 in regards to this property. Mr. Fletcher
also noted to date, no complaints have been received regarding the property. Mr.
Fletcher stated the property owners are now interested in being able to
permanently reside at 1430 Red Oak Street. After discussion with staff, the
applicant has requested an amendment to Section 10-3-97(10) of the
Harrisonburg City Code; as well as, requesting modification to the previous
approved SUP. Mr. Fletcher stated their submitted application materials
demonstrate, although they plan to have up to five single-family detached
dwellings, at this time, only two are planned to be finished in the near future. Along
with the dwellings, they will have recreational and leisure time activities that
include occasional special events for family and friends (not for charge) and
swimming and water activities. Mr. Fletcher stated they plan to utilize water from
the quarry as their water source, they understand that they could be required to
connect to the city's water infrastructure and that the Harrisonburg Fire
Department is requiring a fire hydrant to be installed. Mr. Fletcher stated the
applicant's plan is to either connect to the city's sewage infrastructure or utilize an
onsite septic system regulated by either the Virginia Department of Health (VDH)
or the Department of Environmental Quality (DEQ). Mr. Fletcher noted the
applicant plans to request to close the remaining undeveloped right of way (ROW)
of Red Oak Street while working with adjoining property owners to the north to
dedicate the necessary property around the existing temporary cul -de-sac to
permanently enclose the turnaround in the public street ROW. Mr. Fletcher noted
with this option, the applicant would have to formally request through Planning
Commission to close the remaining public street ROW as well as permanently
terminate Red Oak Street per section 10-2-41(e) of the Harrisonburg City Code. At
this time, staff supports this street's permanent termination as there is no current
need for it to continue through the subject property to connect to other public
streets. Mr. Fletcher stated regardless of the status of Red Oak Street, the subject
property, at minimum, would have to install a 16 feet wide all-weather surface
road, with shoulder, beginning from the termination of the public street on and
through the property for a distance appropriate to serve the dwellings. Mr. Fletcher
noted with the final location of the other three planned dwellings, the 16 feet wide
road as described may need to be extended further south on the property, so that
emergency responders have appropriate access to the dwellings. Furthermore, the
applicant will be required to request a variance from the private street standards as
listed in the Design and Construction Standards Manual (DCSM) Section 2.7. Mr.
Fletcher stated both staff and Planning Commission recommend amending
10-3-97(10) to add the text to allow for non-transient dwellings and to approve the
SUP with the following conditions: the property shall be limited to five single family
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detached dwellings; occupancy of each dwelling shall be limited to a family or two
persons; and, final certificates of occupancy shall be withheld until the following
items are completed or an acceptable form of surety is accepted by the city to
cover the cost for such work: Red Oak Street shall be extended from its existing
location to the subject property per public street standards as specified by the
DCSM; or, the undeveloped Red Oak Street ROW shall be closed and purchased
and the existing cul-de-sac permanently enclosed in public street ROW; at
minimum, a 16 feet wide all-weather surface road, with shoulder, shall be
constructed from the termination of the completed public street on and through the
property. The distance/extent that the road must travel shall be determined by the
Fire Department, when the final locations of the residential structures are
determined; and a fire hydrant shall be extended onto the property and located at
a location determined by the Fire Department.
At 7:13 p.m., Mayor Jones closed the regular session and called the first public
hearing to order for both the zoning amendment and the SUP. A notice appeared
in the Daily News-Record on Monday, June 29, 2015 and Monday, July 6, 2015.
Jay Chambers, Anthem representative, stated Anthem owns property to the south
of the location, tax map 046 C 4A, and they plan to develop their property under
guidelines of the City of Harrisonburg Codes in Article R-M-1 General Industrial
District and in concert with the city's Comprehensive Plan. Mr. Chambers stated
there are no objections with the motions put forth by the applicants as long as
Anthem has the assurance from city leaders that the motions, if approved, will
allow Anthem to develop the property for use as permitted under Section 10-3-96;
and in reviewing these motions, the review standards outlined in Section 10-3-125
are used with their future development in mind. Mr. Chambers noted a letter that
was sent to City Manager Hodgen from their Director of Corporate Real Estate.
Council Member Shearer asked City Attorney Brown about the concerns being
presented. City Attorney Brown stated the items being approved tonight won't
affect Anthem's property.
Dick Blackwell, one of the property owners, stated this was a unique piece of
property and made himself available for questions.
At 7:17 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve
the Zoning Ordinance amendments as presented on first reading. The motion carried with a
recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
6.b. Consider a request from Jamison Black Marble Wildlife Preserve, LLC for a special
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use permit per Section 10-3-97 (10) of the Zoning Ordinance to allow for
recreational and leisure time activities with nontransient dwellings within the M -1,
General Industrial District
Council Member Shearer noted that it is a unique piece of property and couldn't
imagine another use for it.
This agenda item was presented along with item 6.b.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the Special Use Permit with the stated conditions. The motion carried with a recorded roll
call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
6.c. Consider a request from PSJ4, LLC with representative Bill V. Neff, Sr. for a
special use permit per Section 10-3-97 (3) of the Zoning Ordinance to allow for a
business office within the M-1, General Industrial District
Council Member Byrd read the following statement of disqualification: "The Virginia
State and Local Government Conflict of Interests Act requires that I make
disclosure, to be recorded in the city records, in any matter in which I am
prohibited by law from participating. Therefore, I make the following disclosure: the
transaction involved is agenda item 6(c), request from PSJ4, LLC for a special use
permit; my personal interest affected by this transaction is my wife and I have an
ownership interest in the property, 961 Acorn Drive, Harrisonburg, which is the
subject of this request; and, I affirmatively state that I will not vote or in any
manner act on behalf of city council in this matter." At 7:19 p.m., Council Member
Byrd exited Council Chambers.
Mr. Fletcher reviewed the property and the surrounding properties and noted
previously the building had been used as an industrial warehouse and associated
office space. Mr. Fletcher stated the applicant is requesting a SUP per Section
10-3-97(3) of the Zoning Ordinance to allow business and professional offices in
the M-1, General Industrial District and would like this building for business offices .
Mr. Fletcher noted, if approved, the building may require a change of use permit
from building inspections to meet specific building code standards. The applicant
would have to have 24 appropriately delineated parking spaces, which will be
confirmed during the building permit process. Mr. Fletcher noted staff and
Planning Commission showed no concerns at this site and recommended approve
with no conditions. It was also noted that adjacent properties had been approved
the same SUP.
At 7:23 p.m., Mayor Jones closed the regular session and called the second public
hearing to order. A notice appeared in the Daily News-Record on Monday, June
29, 2015 and Monday, July 6, 2015.
Bill Neff, property owners’ representative, stated the building is not changing
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much, as there are already some office spaces located within. The owners plan to
update the inside and outside and there is plenty of parking. Mr. Neff made himself
available for questions.
At 7:24 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the Special Use Permit as presented. The motion carried with a recorded roll call vote taken
as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Abstain: 1- Council Member Byrd
At 7:25 p.m., Council Member Byrd entered Council Chambers.
6.d. Consider amending the Zoning Ordinance Sections 10-3-24, 10-3-34, 10-3-35,
10-3-40, 10-3-41, 10-3-46, 10-3-47, 10-3-48.4, 10-3-48.5, 10-3-52, 10-3-53,
10-3-55.4, 10-3-55.5, 10-3-56.4, 10-3-56.5, 10-3-57.4, 10-3-57.5, 10-3-58.4,
10-3-58.5, 10-3-84, 10-3-85, 10-3-86, 10-3-90, 10-3-91, 10-3-92, 10-3-96, 10-3-97,
10-3-98, 10-3-129, 10-3-180, and 10-3-181 and to add a new Article CC. Wireless
Telecommunication Facilities with new Sections 10-3-195 through 10-3-203
Mr. Fletcher stated this request is a staff request to allow for particular wireless
facilities to be administratively reviewed and approved in the commercial and
industrial districts, which will expedite the process for wireless infrastructure
installation. The new regulations also create the opportunity for facilities to be
located in 13 of the city's zoning districts as opposed to the current provisions,
which only allows them in three. Mr. Fletcher reviewed the process of this
ordinance project that began in 2011 which included being reviewed multiple times
by Planning Commission and has received feedback from multiple times by
multiple wireless providers. In all, the amendments include modifying multiple
existing sections and adding a new article to the zoning ordinance. Changes to the
existing code include those needed in the definitions section and then proceeding
through code sections of the R-1, R-2, both R-3s, R-4, R-5, R-6, R-7, MX-U, B-1,
B-2, M-1 and U-R zoning districts and specifying the different types of wireless
telecommunications facilities that would be permitted and whether they would be
allowed by right or by SUP. The proposed new article includes the specifics of how
wireless telecommunications facilities would be permitted within all residential
districts, the MX-U district, the B-1 and B-2 districts, and the M-1 district. For all
facilities that are permitted to be reviewed and approved administratively, staff
suggests applicants pay a $175 review fee, and the reviews would take less than
two weeks. All facilities that require a SUP would, just like all other SUPs, pay the
$375 plus $30 per acre application fee and proceed through the public hearing
process with both Planning Commission and City Council. Mr. Fletcher stated to
rectify the WHSV property located at 50 North Main Street, B-1 district, staff is
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proposing to add the following text: radio and television station and studios or
recording studios. Mr. Fletcher noted that as an additional set of uses permitted by
right, the ordinance requires all antennas and satellites and associated equipment
shall be screened, which would only pertain to WHSV if new antennas and
satellites dishes would be installed.
At 7:34 p.m., Mayor Jones closed the regular session and called the third public
hearing to order. A notice appeared in the Daily News-Record on Monday, June
29, 2015 and Monday, July 6, 2015.
There being no one desiring to be heard, Mayor Jones closed the public hearing at
7:35 p.m., and the regular session reconvened.
A motion was offered by Council Member Shearer, seconded by Vice-Mayor Baugh to amend
zoning ordinances listed on the agenda and to add a new Article CC. Wireless
Telecommunication Facilities with new Sections 10-3-195 through 10-3-203. The motion
carried with a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
7. Regular Items
7.a. Consider a request from John Daly to preliminarily subdivide a 12.5 +/- acre parcel
into seven lots (six new single family home lots and the remaining parent tract)
with variance requests to the Subdivision Ordinance Sections 10-2-41(a), 66 and
67
Mr. Fletcher stated City Council is reviewing this request due to the variances that
were approved with the preliminary plat by Planning Commission. Mr. Fletcher
reviewed the property and the surrounding properties and stated the applicant is
requesting to preliminarily subdivide a parcel that has approximately 400 feet of
street frontage along Ramblewood Road. Mr. Fletcher stated the subject parcel is
part of a large farm that has 12.5 +/- acres within the city and many more acres
located within Rockingham County. The plan of development includes creating
seven parcels, six single-family home lots and the remaining parent tract, along
with dedicating a new public street. Mr. Fletcher noted the platting of the six lots
meet or exceeds the area and dimensional requirements of the R -1 district. A
temporary cul-de-sac would be provided just outside the city limits. The Director of
Planning with Rockingham County noted that the temporary cul-de-sac complies
with their ordinances. Ultimately, it is the applicants desire to extend this street to
what could become an extension of Peach Grove Avenue in the county. To
demonstrate the overall development plan, the applicant has submitted an early
draft of what they hope to develop, which includes several new roads in the county
and another phase within the city. The county portion of their property could not be
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developed as shown without being rezoned and then preliminarily platted. Mr.
Fletcher stated the first deviance pertains to Section 10-2-41(a); specifically, the
proposed design of the street does not conform to several sections of the DCSM .
The deviations to the DCSM are the following: the proposed ROW width is 36 feet;
the proposed sidewalk would be constructed adjacent to the curb with no grass
strip; and, the proposed pavement width is 20 feet plus 2-foot gutters on each side
(12-foot travel lanes). Mr. Fletcher noted the three items set forth by the DCSM
that can be approved on a case-by-case basis. Mr. Fletcher stated the applicant is
also requesting to deviate from Sections 10-2-66 and 67. Mr. Fletcher noted as
indicated on the overall development plan included with the preliminary plat, the
applicant desires to realign the existing Ramblewood Road as part of another
phase for this subdivision, extending the road into the county portion of the
development, ultimately tying into the extension of Peach Gove Avenue. Given the
sharp curve along this portion of the existing Ramblewood Road, staff is
supportive of the realignment for a new road. Rather than build improvements,
staff would prefer that the applicant put forth the same financial obligations and
engineering efforts toward connecting future Ramblewood Road with the existing
improved Ramblewood Road to the south. The amount required would be
whatever the cost is to improve existing Ramblewood Road along the applicant ’s
frontage. Mr. Fletcher stated the applicant will be required to submit an approved
form of surety for all costs at the time of final platting for this phase. Mr. Fletcher
stated that both staff and Planning Commission recommended approval for the
preliminary plat with the variances.
John Daly, applicant, stated he feels that it is going to be a nice community off of
Ramblewood, he is trying to save a number of mature trees and it will improve the
traffic flow in the future for the area. Mr. Daly made himself available for questions.
Vice-Mayor Baugh stated this type of development has become scarce in the city,
likes the approach to tree preservation and the project has been in the works for
some time.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the preliminary plat with the requested variances. The motion carried with a recorded roll
call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
7.b. Consider a refund for a portion of the 2014 and 2015 Business, Professional and
Occupational License (BPOL) tax refund to WilcoHess LLC
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City Attorney Brown stated Wilco Hess LLC discontinued a portion of their
business the last quarter of 2014 and they have requested a refund on that part of
the business. They also included the prior year's receipts on that portion of the
business in their 2015 license renewal. City Attorney Brown stated it is requested
to reimburse $3,242.41 for the 2014 portion and $6,999.34 for the 2015 portion.
He stated it is coming before council because the 2014 payment had been
appropriated to the General Fund and the 2015 amount exceeded $5,000.
Council Member Byrd asked if the refund reflects the interest rate of Virginia State
Code and raised concerns about the amount. City Attorney Brown stated due to
Harrisonburg City Code we are obligated to pay whatever interest rate we charged.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
approve the rebate of the over payment. The motion carried with a recorded roll call vote
taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
7.c. Consider establishing a voter precinct on the JMU Campus
City Manager Hodgen stated at council's May 26, 2015, meeting a motion was
approved tasking the Electoral Board with the following: to review the request for a
JMU precinct, present pros and cons associated with this request; provide
estimates on the costs associated with the request; examine other localities that
have on campus precincts; present options they feel are appropriate for
Harrisonburg to consider; and, make a recommendation to City Council. City
Manager Hodgen noted the July 8, 2015 e-mail council received from the Electoral
Board with a recommendation of establishing a precinct on the JMU campus. City
Manager Hodgen stated Electoral Board members along with Debbie Logan,
Registrar, were present to answer questions.
Council Member Shearer stated with his review, only two of the five questions
were addressed and he was unable to make a decision. Council Member Shearer
referenced the Electoral Board minutes regarding no discussion on the pros and
cons of the matter and they would be discussed at a later date. Council Member
Shearer asked if there were a list of pros and cons discussed. Chairman Coffman
stated he thought information had been provided and the pros and cons were
listed within that document. Council Member Shearer noted that the information he
was working off of was the one page email and noted a packet was handed to
council five minutes prior to the meeting. Council Member Shearer asked about
the discussion held regarding the effectiveness being reviewed at a later date and
more precincts would be set up if a requester asked and financed it. Chairman
Coffman stated the majority of the Electoral Board felt that the board would
address those items as they arose rather than the “what if” scenarios. Council
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Member Shearer stated question three he felt would have provided the most
information and asked what other communities were looked at. Registrar Logan
stated she had contacted the following major universities in Virginia: UVA, Liberty,
Virginia Tech, George Mason, Radford, University of Richmond, ODU, Christopher
Newport and VCU. Registrar Logan stated all the universities she contacted, with
the exception of Liberty, are not campus only voting precincts. Liberty does have a
campus only voting precinct, but it was established four years ago due to the
concentrated student populated area. UVA and George Mason share their
precincts with the surrounding area. George Mason did say by sharing it with the
surrounding area, it also includes some off-campus students, which could be
included with one here. Registrar Logan also shared that ODU, Christopher
Newport, VCU and Richmond do not have any on-campus voting. She noted that
Radford attempted on-campus voting, but was rejected because of the
complications of citizens coming on campus. Council Member Shearer clarified
that there is only one college campus in the state of Virginia that has a dedicated
on-campus voting precinct. Registrar Logan stated yes, Liberty. Registrar Logan
noted the students at Virginia Tech had to travel 5.6 miles to a local fire station.
She also noted they had a turnout of 353 students out of 14,000 eligible. Council
Member Shearer stated off-campus students would be the majority of JMU
students would not be affected by this change as they are included in the already
established precincts. Council Member Shearer asked are on-campus precincts in
other communities designed for all college students. Vice-Chair Ney noted that the
UVA campus is on two different voting district areas and stated the Electoral Board
looked at adding residential to this precinct. However, Vice-Chair Ney it was
suggested to begin with just allowing on-campus students to vote and in the future
to review and possibly add off-campus voters. Council Member Shearer asked for
the number of student voters from previous elections. Registrar Logan stated 800
voted in the presidential election, 173 students in the last election and 63 in the
mid-term election. Registrar Logan shared the lowest number of voters in other
precincts which ranged from 894 to 1,062. It was noted that the 894 number was
the Spotswood area, which included students. Council Member Byrd asked if
precincts are set by the number of voters or by the number of residence. Registrar
Logan stated precincts are set up after the census is completed. The only other
time that precincts were changed, was when one precinct exceeded 5,000 voters.
Registrar Logan stated the last time the city redistricted, the number of registered
voters were used and that is how equal precincts at that time were established. It
was noted, all of the precincts have room for expansion. Secretary Price -Stroble
stated she wanted to make a few comments since she had made the motion .
Secretary Price-Stroble noted that she had found an e-mail from 2011 regarding a
similar request, so this is not something new. She also noted that when discussion
occurred she felt that it is the Electoral Boards number one job to increase voters
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and participation in elections. Secretary Price-Stroble knows that not all 6,000
students will vote, but currently they don't have tangible evidence to see if there is
a change with on-campus voting. Council Member Shearer stated he doesn't
disagree with the Electoral Board's number one job to increase voters and
participation. Council Member Shearer noted that his number one job is to do
adequate due diligence before making a decision. Council Member Shearer stated
all this information is new for him and the community. Mayor Jones agreed with
Council Member Shearer's thoughts, but feels a draft ordinance should be
presented along with a public hearing. Council Member Shearer would like access
to all the information prior to the public hearing. Chairman Coffman requested
council to submit questions in writing. Mayor Jones noted there were five
questions previously submitted and council would like documentation to all those
questions. Vice-Chair Ney stated he never saw the questions. Secretary
Price-Stroble stated she remembers there was an e-mail, but it was a general
paragraph and she asked for more direct questions. Council Member Shearer
noted that the e-mail was number one through three with one of the questions
having two subsections. It was noted the pros and cons were noted in the packet
that is now with council. Secretary Price-Stroble stated she felt that those provided
are from the registrar and feels that there are more cons listed due to the
registrar’s recommendation and she would like to add additional information to that
list. Mayor Jones clarified that a drafted ordinance and supporting documents will
be provided prior to the public hearing for review. A brief discussion was held
regarding the time line regarding this matter. City Attorney Brown noted the public
hearing isn't required; the public notice is to provide information to the public on
where the information can be found.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to hold a
public hearing next month regarding this matter.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to amend
the motion to include an ordinance that is prepared consistent to the Electoral Board's
recommendation. The motion carried with a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
7.d. Presentation on submission regarding the 2015 Edward Byrne Memorial Justice
Assistance Grant
Police Chief Monticelli stated the Harrisonburg Police Department has submitted a
grant application for the Edward Byrne Memorial Justice Assistance Grant for the
FY15-16 with the entitled amount of $13,315. Police Chief Monticelli stated the
application requires a 30-day public review period and information can be found on
their website. Police Chief Monticelli reviewed the project proposal: two 57-inch
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MondoPad computers: one mobile cart, one hard-mounted; and, Apple TV and
iPad for mobility and connectivity. Police Chief Monticelli presented the benefits to
the proposal which were the following: ability to present, annotate and collaborate
with other participants in the room and off-site; can be controlled by and shared
with other tablets, smartphones and similar devices; and, would allow conferencing
with existing emergency operations center (EOC) and HFD Mondopads. The
objective is to increase the ability to provide training, conferencing and meetings
without being tied down to rooms with existing equipment and the ability to connect
to a command center or an emergency operations center from anywhere in the
building. Police Chief Monticelli reviewed the project timetable that included the
following: October 1, 2015, receive the grant reward; October 2015 purchase
equipment; and, November and/or December install and train. It was noted that
council would vote after the public review time ended.
The Harrisonburg Police Department has submitted a grant application for the Edward
Memorial Justice Assistance Grant for the FY15-16 with the entitled amount of $13,317. The
grant is required to be presented to the governing body and to allow an opportunity for
citizen comment. A brief presentation will be provided by staff outlining the grant plan.
Contact information can be found at <http://www.harrisonburgva.gov/police> No formal
action needed.
7.e. Consider amending and re-enacting Section 7-3-84 (6) in the Harrisonburg City
Code, limits for Total Dissolved Solids (TDS)
Mike Collins, Director of Public Utilities, provided background on this matter that
began in 1991 with the Harrisonburg-Rockingham Sewer Authority (HRRSA)
regarding Total Dissolve Solids (TDS). Mr. Collins stated it was brought to his
attention that the limits for TDS have been raising concerns with development
interests within the city. Mr. Collins stated this request is to remove unnecessary
concerns from an economic development standpoint. The amendment would
change the limits for TDS to one thousand (1,000) mg/l. Mr. Collins stated there
are dissolved solids at three hundred (300) mg/l that could upset the plant, but
they are more specifically addressed in subsection 4. Mr. Collins stated HRRSA
has revisited this issue and agrees that the limits can be changed to 1,000 mg/l.
Council Member Shearer stated it is a tremendous tool potentially to make or
break us to receive new businesses. Council Member Byrd asked if this changed
discharge limits through HRRSA. Mr. Collins stated this is a change that we can
make for our facilities.
A motion was made by Council Member Shearer, seconded by Council Member Degner, to
amend and re-enacting Section 7-3-84 in the Harrisonburg City Code, for TDS on the first
reading. The motion carried with a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
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7.f. Update on the Park View Water Tank and Pump Station project
Mr. Collins reminded council that he gave a detailed report in January regarding
this project and that we’d be facing a $3.5M at the beginning of the year. Mr.
Collins stated after refining the project the fire flow will more than double (122%)
and be a tremendous improvement to public safety. Mr. Collins stated the current
tank should have lasted us approximately 50 out of 75 years, but the price to
improve the tank to standards is significant and the pump station portion of the
project has to be done. Mr. Collins noted the preliminary engineering report (PER)
was approved by the Virginia Department of Health (VDH) with no comments
being received. However, VDH didn't like the idea of having the public near or in
the facility, so we will not be moving forward with the amenities discussed in
January. Mr. Collins stated engineering work has started along with lining up the
engineering contracts so a bid can be released in November. He stated a few
projects would be delayed and money from those projects will be used until funds
from the bonds are received and placed back into those accounts. Mr. Collins
stated approximately $600,000 worth of work will take place between now and
November and he will come back to council with the bids and request for funding.
A brief update will be given by the Director of Public Utilities.
8. Other Matters
Mayor Jones thanked all those who participated in Valley Fourth events.
Mayor Jones noted he and the Vice-Mayor will be meeting Thursday morning with
the county about SPCA, jail data and Community Criminal Justice Board.
City Manager Hodgen also noted the JMU Liaison meeting will take place on July
30, 2015.
Mayor Jones again noted the ribbon cutting ceremonies he had attended and
thanked businesses who are choosing Harrisonburg.
Council Member Byrd commended all who participated in the Fire Department's
Smoke Alarm/Pizza night and noted just under 600 homes were checked. Council
Member Byrd noted he, Council Member Shearer, Assistant City Manager Lewis,
City Clerk Kann and Public Information Officer Vass volunteered to help with the
event.
Council Member Shearer noted the HFD was appreciative of the Ramblewood
Road paving.
Council Member Shearer stated he had received concerns regarding the
Southeast Connector, east of the Ramblewood section the county line, and the
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City Council Meeting Minutes - Final July 14, 2015
speed limits along the road. After discussion, it was referred to the Transportation
Safety and Advisory Commission. Vice-Mayor Baugh also noted the section west
of Main Street.
Council Member Degner wondered about any updates regarding the Community
Criminal Justice Board matters previously discussed. City Manager Hodgen stated
he had sent information to the county administrator.
8.a. Consider appointment to the Shenandoah Valley Partnership Board of Directors
A motion was made by Mayor Jones, seconded by Council Member Degner, to re-appoint
Brian Shull, Director of Economic Development, to the Shenandoah Valley Partnership Board
of Directors to expire June 30, 2017. The motion carried with a recorded roll call vote taken
as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
Other Matters Continued
City Manager Hodgen stated the new trash/recycling process will begin August 3,
2015 and the public information process will begin July 20, 2015.
Council Member Degner asked about private roads and private developments that
might not be served. City Manager Hodgen stated those who aren't currently being
served will continue their own trash/recycling process.
9. Boards and Commissions
No action taken.
10. Adjournment
At 8:48 p.m., there being no further business and on motion adopted, the meeting
was adjourned.
____________________________ ____________________________
CITY CLERK MAYOR
City of Harrisonburg Page 13 Printed on 7/28/2015
Agenda
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda - Final
City Council
Mayor Christopher B. Jones
Vice-Mayor Richard Baugh
Council Member Ted Byrd
Council Member Kai Degner
Council Member Abe Shearer
Tuesday, July 14, 2015 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. Minutes
Attachments: June 23, 2015 Draft Meeting Minutes
6. Public Hearings
6.a. Consider a request from Jamison Black Marble Wildlife Preserve, LLC to amend the
Zoning Ordinance Section 10-3-97(10) to allow nontransient dwellings with
recreational and leisure time activities within the M-1, General Industrial District by
special use permit
Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance
Recommendation: amendment that would modify Section 10-3-97(10). Currently, recreational and leisure
time activities are permitted in the M-1, General Industrial District only by special use
permit and no dwellings are permitted in association with this use. The amendment
would add text to Section 10-3-97 (10) allowing for nontransient dwellings.
Attachments: Extract ZO Amend Non-Transient Dwellings in M-1
Staff Report SUP & ZO Amend. M-1 Non-Transient Dwellings
Application and Supporting Info
6.b. Consider a request from Jamison Black Marble Wildlife Preserve, LLC for a special
use permit per Section 10-3-97 (10) of the Zoning Ordinance to allow for
recreational and leisure time activities with nontransient dwellings within the M-1,
General Industrial District
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City Council Meeting Agenda - Final July 14, 2015
Review & The property is located at 1430 Red Oak Street. Planning Commission recommended
Recommendation: approval (6-0) of the special use permit request to allow for recreational and leisure
time activities with nontransient dwellings on the 16.5 +/- acre M-1 property identified as
tax map parcel 46-C-8 with the following conditions:
1. The property shall be limited to five single family detached dwellings.
2. Occupancy of each dwelling shall be limited to a family or two persons.
3. Final certificates of occupancy shall be withheld until the following items are
completed or an acceptable form of surety is accepted by the City to cover the cost for
such work:
a. Red Oak Street shall be extended from its existing location to the subject property
per public street standards as specified by the DCSM; or, the undeveloped Red Oak
Street ROW shall be closed and purchased and the existing cul-de-sac permanently
enclosed in public street ROW.
b. At minimum, a 16 feet wide all-weather surface road (with shoulder) shall be
constructed from the termination of the completed public street on and through the
property. The distance/extent that the road must travel shall be determined by the Fire
Department, when the final locations of the residential structures are determined.
c. A fire hydrant shall be extended onto the property and located at a location
determined by the Fire Department.
Attachments: Extract SUP1430 Red Oak Street
Site Maps
Staff Report SUP & ZO Amend. M-1 Non-Transient Dwellings
Application, Maps and Other Info
Surrounding Property Notice
Anthem Letter
6.c. Consider a request from PSJ4, LLC with representative Bill V. Neff, Sr. for a special
use permit per Section 10-3-97 (3) of the Zoning Ordinance to allow for a business
office within the M-1, General Industrial District
Review & The property is located at 961 Acorn Drive. Planning Commission recommended
Recommendation: approval (6-0) of the special use permit request to allow for a business office within the
M-1, General Industrial District on the 1.71 +/- acre property identified as tax map
parcel 56-C-4.
Attachments: Extract SUP 961 Acorn Drive
Ste Maps
Staff Report 961 Acorn Dr. SUP
Application and Other Info
Surrounding Property Notice
6.d. Consider amending the Zoning Ordinance Sections 10-3-24, 10-3-34, 10-3-35,
10-3-40, 10-3-41, 10-3-46, 10-3-47, 10-3-48.4, 10-3-48.5, 10-3-52, 10-3-53,
10-3-55.4, 10-3-55.5, 10-3-56.4, 10-3-56.5, 10-3-57.4, 10-3-57.5, 10-3-58.4,
10-3-58.5, 10-3-84, 10-3-85, 10-3-86, 10-3-90, 10-3-91, 10-3-92, 10-3-96, 10-3-97,
10-3-98, 10-3-129, 10-3-180, and 10-3-181 and to add a new Article CC. Wireless
Telecommunication Facilities with new Sections 10-3-195 through 10-3-203
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City Council Meeting Agenda - Final July 14, 2015
Review & Planning Commission recommended approval (6-0) of the request to amend the Zoning
Recommendation: Ordinance by modifying multiple existing sections and to add a new article to the Code.
Changes to the existing Code include those needed in the Definitions section and then
proceeding through the code sections of most of the zoning districts and specifying the
different types of wireless telecommunications facilities that will be permitted and
whether they would be allowed by right or by special use permit. The new article
includes the specifics of how wireless telecommunications facilities would be permitted
within all residential districts and the MX-U district, the B-1 and B-2 districts, and the
M-1 district. There are submittal and application requirements, rules for submitting
annual reports for each facility, maintenance and enforcement regulations, stipulations
regarding the removal of defective and abandoned facilities, and finally specifics
regarding how property owners can take advantage of Section 6409 of the Spectrum
Act.
In addition to the modifications associated with wireless telecommunications facilities,
the Zoning Ordinance Section 10-3-84 Uses Permitted By Right within the B-1, Central
Business District would also be modified by adding "radio and television stations and
studios or recording studios" as an additional set of uses permitted by right, where all
antennas and satellites and associated equipment shall be screened.
Attachments: Extract Wireless Telecommunications Facilities Ord
REVISED FINAL Staff Report Wireless Telecommunications
Extract August 14, 2013.doc
Extract September 11, 2013.doc
Telecommunications Report Packet 08-14-13.pdf
7. Regular Items
7.a. Consider a request from John Daly to preliminarily subdivide a 12.5 +/- acre parcel
into seven lots (six new single family home lots and the remaining parent tract) with
variance requests to the Subdivision Ordinance Sections 10-2-41(a), 66 and 67
Review & The property is zoned R-1, Single Family Residential District and has almost 400 feet of
Recommendation: road frontage along Ramblewood Road. Planning Commission recommended approval
(6-0) of the preliminary plat to dedicate a public street and temporary cul-de-sac, with
variances that would allow for the design of the proposed street to deviate from the
public street standards of the DCSM, and allow the subdivision to occur without
constructing the required street improvements along the remaining portion of tax map
97-A-7.
Attachments: Extract PP Ramblewood
Site Maps
Staff Report Ramblewood Subdivision
Application, Letter and Supporting Info
7.b. Consider a refund for a portion of the 2014 and 2015 Business, Professional and
Occupational License (BPOL) tax refund to WilcoHess LLC
Review & Wilco Hess LLC discontinued a portion of their business the last quarter of 2014 and
Recommendation: they have requested a refund on that part of the business. They had also included the
prior year receipts on that portion of the business in their 2015 license renewal and we
are refunding that as well. Information regarding the amount is attached.
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City Council Meeting Agenda - Final July 14, 2015
Attachments: WilcoHess LLC - Letter Rose
WilcoHess LLC - Letter Brown
7.c. Consider establishing a voter precinct on the JMU Campus
Review & At council's May 26, 2015 meeting a motion was approved tasking the Electoral Board
Recommendation: with the following: 1) to review the request for a JMU precinct, present pros and cons
associated with this request; 2) provide estimates on the costs associated with the
request; 3) examine other localities that have on campus precincts; 4) present options
they feel are appropriate for Harrisonburg to consider; and 5) make a recommendation
to City Council.
The attached e-mail, which was sent on July 8 to council members does not address all
of the items noted above, but does include a recommendation to establish an
on-campus precinct for all students living on campus and who are registered voters in
the City of Harrisonburg. The motion was approved on a 2-1 vote.
Attachments: Electoral Board Recommendation on JMU Precinct
7.d. Presentation on submission regarding the 2015 Edward Byrne Memorial Justice
Assistance Grant
Review & The Harrisonburg Police Department has submitted a grant application for the Edward
Recommendation: Memorial Justice Assistance Grant for the FY15-16 with the entitled amount of $13,317.
The grant is required to be presented to the governing body and to allow an opportunity
for citizen comment. A brief presentation will be provided by staff outlining the grant
plan. Contact information can be found at http://www.harrisonburgva.gov/police No
formal action needed.
Attachments: Budget Detail Worksheet BYRN04
Project Narrative
Project Abstract
Budget Narrative
Edward Byrne Memorial JAG Program
Frequently Asked Questions
7.e. Consider amending and re-enacting Section 7-3-84 (6) in the Harrisonburg City
Code, limits for Total Dissolved Solids (TDS)
Review & The amendment would change the limits for TDS to one thousand (1,000) mg/l.
Recommendation: Currently, the ordinance reads three hundred (300)mg/l. Unnecessary concerns have
been presented with development interests within the city with limits for TDS at 300
mg/l. The limits were originally recommended by Harrisonburg-Rockingham Regional
Sewer Authority (HRRSA) to the city for adoption in 1991; HRRSA has revisited this
issue and agrees that the limits can be changed to 1,000 mg/l. Attached you will find
HRRSA minutes from March 2015 and the proposed ordinance change.
Attachments: Minutes - March 2 2015
Ordinance 7-3-84
7.f. Update on the Park View Water Tank and Pump Station project
Review & A brief update will be given by the Director of Public Utilities.
Recommendation:
Attachments: PowerPoint Presentation
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City Council Meeting Agenda - Final July 14, 2015
8. Other Matters
9. Boards and Commissions
10. Adjournment
City of Harrisonburg Page 5 Printed on 7/9/2015
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