City Council
Regular MeetingHarrisonburg, VA · September 8, 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, September 8, 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)
Katrina Gerald, 915 Broadview Drive, stated she was a board member of Second Home
and invited council and citizens to two upcoming fundraiser events which were the
following: Oktoberfest at Muhlenberg Lutheran Church, Saturday, September 26, 2015
from 6:00 p.m. until 8:00 p.m., and a Fall Dinner Gala at Eagle Carpet Community Room,
Saturday, October 10, 2015. Mrs. Gerald stated advanced tickets for Oktoberfest are
$12.00, the gala tickets are $40.00 and for more information she can be contacted at
klgerald@outlook.com.
Panayotis "Poti" Giannakouros, 98 Emory Street, stated he just received the last three
months of incarceration data, reported July has shown an increase which wiped out the
gains from the past year and reminded all to keep engaged. Mr. Giannakouros also
informed council that bigger stores won't sell tar coat sealant due to the toxins and urged
council to take the same action as Rockingham County did by banning the use on city
property.
Mayor Jones proclaimed September Life Insurance Awareness Month.
Christine VanPelt stated she was a member of the National Association of Insurance and
Financial Advisors Shenandoah Valley and thanked Mayor Jones for his support.
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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.
5.b. Special Meeting Minutes
These minutes were approved on the Consent Agenda.
5.c. Consider amending and re-enacting Section 1-1-12(1)b and enacting Section
1-1-12(1)e of the Harrisonburg City Code
This ordinance was approved on second reading.
5.d. Consider a supplemental appropriation for the Fire Department in the amount of
$147,835.19
This supplemental appropriation was approved on second reading.
5.e. Consider a supplemental appropriation for the Police and Fire Departments in the
amount of $93,159.38
This supplemental appropriation was approved on second reading.
5.f. Consider an ordinance closing a 13,462 square foot portion of Grove Street right of
way between New York Avenue and Ohio Avenue in the City of Harrisonburg
This Ordinance was approved on second reading.
6. Public Hearings
6.a. Consider repealing Section 17-1-1 and amending and re-enacting Section 17-1-2
& 17-1-3 of the Harrisonburg City Code to eliminate school election districts and to
provide for at-large election of Harrisonburg City Public School Board Members
City Attorney Brown stated during the previous meeting council asked that a draft
ordinance be presented to eliminate election districts and to provide at -large election for
School Board members. It was noted that if council decided to make the School Board an
odd number another amendment would have to occur. A brief discussion took place about
an odd number of members and how School Board members felt about the possible
change in the number of members.
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At 7:14 p.m., Mayor Jones closed the regular session and called the first public hearing to
order. A notice appeared in the Daily News-Record on Saturday, August 29, 2015 and
Saturday, September 5, 2015.
There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:15
p.m., and the regular session reconvened.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve
the elimination of the districts 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 CDBG 2014-2015 Consolidated Annual Performance Evaluation Report
(CAPER)
Ande Banks, Director of Special Projects and Grant Management, reported projects are
about half to two-thirds the way completed which is normal. Mr. Banks stated the Mercy
House and sidewalks along East Wolfe Street have been delayed due to some setbacks
by the environmental review process. Mr. Banks showed the status of other projects and
stated that these projects would be completed, but might cause an amendment to the
2014-2015 Action Plan. Mr. Banks reviewed the CAPER schedule and noted all
comments needed to be received by September 24, 2015 at 9:00 a.m.
At 7:18 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 Wednesday, August 26,
2015.
There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:19
p.m., and the regular session reconvened.
6.c. Consider a request from J-M Apartments with representative Jim Monger to rezone
a 17,777 +/- square feet parcel located at 141 West Bruce Street, from M-1,
General Industrial District to B-1C, Central Business District
Vice-Mayor Baugh recused himself from the next three agenda items associated with J -M
Apartments due to a historic business relationship with the party involved.
Adam Fletcher, Acting Community Development Director, provided the background and
surrounding areas to the property located at 141 West Bruce Street. Mr. Fletcher provided
an overview of the challenges the property brought. Mr. Fletcher noted the first application
was to rezone the property from M1, General Industrial District to B-1C, Central Business
District and reviewed the following proffers: the property shall be redeveloped by
improving and maintaining the existing structure, where all by -right uses of the B-1 district
shall be permitted except for the following limitations: residential uses shall be limited to
multi-family residential uses, where one parking space shall be provided on -site per
bedroom and restaurants and personal service establishments are not permitted without
an amendment to these proffers; no retail uses shall be allowed except those associated
with R.S. Monger and Sons, Inc.; Special Use Permits (SUP) shall be permitted as
approved by City Council; the property shall maintain at least seven off -street parking
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spaces. Any number of these spaces may be used to meet the minimum required as
specified in proffer "1a."; and, exterior storage of materials associated with any
warehousing component of the property shall only occur under the rear covered
porch/dock and to the south of the building. Mr. Fletcher noted the second application was
to amend the Zoning Ordinance that would add subsection (10) by adding warehousing
and other storage facilities as a special use in the B -1 district. Mr. Fletcher reviewed the
third application which was for a SUP request to allow warehousing and other storage
facilities on the property. Mr. Fletcher showed the layout of the property, but noted the
layout was not proffered. Mr. Fletcher noted staff recommends deviating from the Design
and Construction Standards Manual (DCSM) Section 3.3.3.2 requirement and have the
developer construct a seven feet wide decorative concrete sidewalk on West Bruce Street
between Chesapeake Avenue and the at-grade railroad crossing per the Downtown
Streetscape Plan specifications and construct a seven feet wide decorative concrete
sidewalk on Chesapeake Avenue between West Bruce Street and the northernmost
entrance of the warehouse portion of the building. Mr. Fletcher noted that staff believes
that these requests conform to the Land Use Guide and the Comprehensive Plan also
illustrates that the property is within a quarter mile radius of Court Square and that it is
identified within the Plan's Downtown Revitalization Area.
At 7:31 p.m., Mayor Jones closed the regular session and called the third public hearing
for agenda items 6.c., 6.d. and 6.e. to order. A notice appeared in the Daily News-Record
on Monday, August 24, 2015 and Monday, August 31, 2015.
Jim Monger, property owner, introduced Charles Hendricks, architect of the project, and
made themselves available for any questions. Mr. Monger stated this project has been
discussed for years, they are in the process of replacing the roof and the area will be used
for a design area and not a sales area.
At 7:35 p.m., Mayor Jones closed the public hearing and the regular session reconvened.
It was noted that this is an example of the public investments and it is due to previous
council’s making an effort towards downtown revitalization.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
approve the request to rezone the 17,777 +/- square feet parcel located at 141 West Bruce
Street, from M-1, General Industrial District to B-1C, Central Business District on first
reading. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Council Member Byrd, Council Member Degner and Council
Member Shearer
No: 0
Abstain: 1- Vice-Mayor Baugh
6.d. Consider a request from J-M Apartments with representative Jim Monger to amend
the Zoning Ordinance Section 10-3-85 Uses Permitted Only By Special Use Permit
of the B-1, Central Business District by adding warehousing and other storage
facilities as a special use in the B-1 district
An agenda item 6.d. was presented along with 6.c. and 6.e.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
amend the Zoning Ordinance Section 10-3-85 Uses Permitted Only By Special Use Permit of
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the B-1, Central Business District by adding warehousing and other storage facilities as a
special use in the B-1 district on first reading. The motion carried with a recorded roll call
vote taken as follows:
Yes: 4- Mayor Jones, Council Member Byrd, Council Member Degner and Council
Member Shearer
No: 0
Abstain: 1- Vice-Mayor Baugh
6.e. Consider a request from J-M Apartments with representative Jim Monger for a
special use permit per Section 10-3-85 of the Zoning Ordinance to allow
warehousing and other storage facilities within the B-1, Central Business District at
141 West Bruce Street
An agenda item 6.e. was presented along with 6.c. and 6.d.
Mr. Monger commended staff and Planning Commission for their assistance to
these requests.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
approve a special use permit per Section 10-3-85 of the Zoning Ordinance to allow
warehousing and other storage facilities within the B-1, Central Business District at 141
West Bruce Street. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Council Member Byrd, Council Member Degner and Council
Member Shearer
No: 0
Abstain: 1- Vice-Mayor Baugh
7. Regular Items
7.a. Consider a request from Purple and Gold, LLC to preliminarily subdivide a 1.1 +/-
acre parcel into 11 townhouse lots and one common area lot, with variances from
the Subdivision Ordinance
Mr. Fletcher presented the history of the applicant and property beginning in 2011 and
noted the applicant was here tonight due to not submitting their final plat within 24 months
of approval. Mr. Fletcher noted after improvements are made, the ingress and egress
location on Purple and Gold Way would remain the same and be the only access to the
units. Mr. Fletcher noted the applicants are requesting to preliminarily plat 11 townhome
lots and one common area on the 1.06 +/- acre property. Mr. Fletcher noted the
engineered comprehensive site plan for this phase of Charleston Townes has been
approved and during the site plan review process there was a shift in the placement of the
sanitary sewer line from the original location to the east, behind townhomes one through
seven. He stated the line is now located further west, more in the center of the site and in
front of the townhomes. He also noted a water line in this same general area; both the
waterline and sewer line are within separate 20-foot easements. Mr. Fletcher stated
because of the requirements of the Subdivision Ordinance to have a general utility
easement centered on all side lot lines, such easement would cross over the sanitary
sewer lateral and water line multiple times at different angles along the property boundary
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between lots seven and eight; a situation Public Utilities does not desire. Mr. Fletcher
stated staff and Planning Commission recommend deviating from the requirements of
Section 10-2-43 of the Subdivision Ordinance, to not have the 10 foot utility easement
centered on the property line between lots seven and eight.
Mayor Jones exited Council Chambers at 7:40 p.m. and returned at 7:41 p.m.
Council Member Degner brought attention to the functional easement on the property. Mr.
Fletcher noted Harrisonburg Electric Commission (HEC) has approved the design and
engineering.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve
the preliminarily subdivision 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. Update from Superintendent on City of Harrisonburg Public Schools
Dr. Scott Kizner, Harrisonburg City Public Schools Superintendent, stated the first two
weeks of school have been great. Dr. Kizner noted that last year the students that
received advanced diplomas increased 25%, the dropout rate decreased 50% and feels
those numbers have been achieved by the classes being offered and staff members. Dr.
Kizner noted the following: the August graduation; new goals this year of the school
system are that all teachers see themselves as teachers of literacy and to educate the
whole child; more students are beginning high school with high school credits; on time
graduation will be the highest in Harrisonburg history; and, noted the design development
documents for elementary and early childhood program are being reviewed by three
independent estimators and construction is estimated to begin in March 2016 with an
opening in July 2017. Dr. Kizner stated enrollment numbers, kindergarten through twelfth
grades, have increased 21.6%, from the first day of school in 2010 until the current first
day of school and shared the projected numbers for the 2019/2020 showing an additional
12% increase.
Mayor Jones asked which grade levels showed the biggest increase.
Dr. Kizner provided the following facts from the current year which were the following :
fourth grade is the largest class; at least 400 students are enrolled in kindergarten through
eighth grade, with elementary grades being the largest; and, high school numbers are
misleading to credit hours. Dr. Kizner noted he was happy about the 2017 opening due to
capacity limitations. Dr. Kizner stated enrollment numbers, ninth through twelfth grades,
have increased 24%, from the first day of school in 2010 until the current first day of
school this year and shared the projected numbers for the 2019/2020 showing an
additional 21.5% increase. Dr. Kizner reviewed several other factors of more space being
needed, possibilities to address the growth, invited council to the next School Board
meeting where the architect will be presenting and would like to hold a joint meeting in
October. Dr. Kizner noted public input will be received during School Board meetings
during the months of September, October and November.
Mayor Jones commended the diversity that is seen within the schools personnel. Dr.
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Kizner noted a new partnership of a residency program with James Madison University
and Blue Ridge Community College.
Andrew Kohen, School Board Chairman, stated the School Board looks forward to the
partnership with City Council on the growth matter that was presented tonight. Mayor
Jones noted that there was a discussion during the School Board Liaison meeting about
timelines, prioritization and needs that need to be available and presented. Dr. Kizner
stated more information would be available during the joint October meeting.
Dr. Kizner stated the average to educate a student is between $ 11,500 and $12,000 and
the state provides approximately $5,000 to $5,500 per student per year. It was noted
those numbers are operational and does not include capital expenses. It was noted a
close communication between council and the School Board is needed especially this fall .
The following was also noted: the informational and public hearing meeting next Tuesday,
September 15, 2015 at 7:00 p.m.; understand that this matter can become emotional for
citizens, but the facts show more space is needed; and, the joint meeting is planned for
Thursday, October 15, 2015.
7.c. Consider Resolutions of Support for two (2) Public Works projects for
consideration under VDOT’s new House Bill 2 (HB2) funding program
Tom Hartman, Assistant Director of Public Works, described the process for the House
Bill 2 (HB2) applications that included: Vtrans 2040 Needs Assessment; HB2 Prioritization
Program and House Bill 1877. Mr. Hartman stated the process will change in 2021, but
until then there is $1B in transportation funds within the state. It was noted that this is
state/federal money that we will be competing for. Mr. Hartman reviewed the I-81 Exit 247
Improvement project application: replacement of four bridge structures, two over I -81 and
two over railroad; widening lane capacity as well as sidewalks; additions to both
acceleration and deceleration lanes on East Market; extending the deceleration lane on I
-81 and the relocation of the I-81 northbound on ramp; and, estimated project date is
2021. Mr. Hartman reviewed the South Main Street/Martin Luther King, Jr. Way project
application: widen MLK, Jr. Way for left turn lanes and signal placement at Mason Street;
add right turn lane on South Main and signal replacement; and, a shared use path from
South Main to Mason Street. It was noted the Grace Street improvements will be a JMU
project. Mr. Hartman reviewed the I-81 Exit 245 Improvement project which will realign
I-81N, exit 245 off ramp. Mr. Hartman stated applications are due September 30, 2015;
reviewed the prioritization scores released January 15, 2015; communication with the
Commonwealth Transportation Board (CTB) in spring 2016; and, funding would be
available in July 2016. It was noted the I-81 Exit 245 improvement resolution of support
had not yet been presented the Metropolitan Planning Organization, but would be prior to
submission.
A motion was made by Council Member Byrd, seconded by Council Member Degner, to
approve the Resolutions of Support for the three projects 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
7.d. Consider a resolution on the issuance of up to $40,000,000 of Revenue Bonds by
the Industrial Development Authority of the Town of Broadway, Virginia, for the
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Benefit of Virginia Mennonite Retirement Community, Inc
City Attorney Brown stated the Industrial Development Authority (IDA) for the town of
Broadway intends to issue up to $40,000,000 of revenue bonds for the benefit of Virginia
Mennonite Retirement Community, Inc (VMRC). He stated under Section 15.2-4905 of the
Code of Virginia, council must concur with this financing because VMRC is located in the
city, but is using the Broadway IDA for the issuance. There is no financial obligation for
the city related to the concurring resolution. It was noted that the Harrisonburg IDA was
unable to issue these bonds because the city needs the IDA's bond issuing capacity for a
large upcoming city financing.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
approve the resolution. 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.e. Consider a resolution setting the percentage of personal property tax relief for the
year 2015 to 30%
City Attorney Brown stated this is the annual resolution to set the percentage of personal
property tax relief pursuant to Article J of Title 4 Chapter 2 of the Harrisonburg City Code.
The Commissioner of the Revenue has determined the final percentage for the tax year
2015 to be 30%. City Attorney Brown noted vehicles valued less than $1,000 will not owe
personal property taxes and vehicles valued between $ 1,000 and $20,000 will receive a
30% relief.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve
the resolution. 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.f. Consider Finance Committee Fund Balance recommendations to council
Council Member Byrd stated the recommendations for the unappropriated Fund Balance
at fiscal year-end, June 30, 2015 were the following: use of $748,372 to balance current
year budget, a one-time amount for a radio system upgrade project for the ECC; reserve
$1,200,000 for architectural/engineering services for the new school project; reserve
$520,000 for non re-occurring capital outlay items in the FY 15-16 budget; reserve
$150,000 for predevelopment costs associated with the Hotel Conference Center project;
and, reserve $200,000 for Fire Programs and Four-for-Life Fund. Council Member
Shearer stated the $1.4M above the 18% are available for possible use for upcoming
expenditures for school furniture, fixtures and equipment (FFE) instead of financing. A
brief discussion was held regarding estimates that were discussed in spring due to the
FFE. City Manager Hodgen noted that the city will be going to the bond market in January.
A motion was made by Council Member Degner, seconded by Council Member Shearer, to
approve the recommendations 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
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No: 0
7.g. Consider addition of Assistant Director of Economic Development position
City Manager Hodgen state this is a position that has been in the city system for a number
of years, at one point having been filled via a contract with James Madison University, but
standing vacant since 2009. City Manager Hodgen noted the non-exhaustive listing of
possible initial task assignments this position would handle. The following discussion took
place: continued growth is needed; the city is thriving; this position is a number one
priority in comparison to other two jobs being discussed; better return for investment with
the position; an important role to add to the department; would help future transitions of
staff members; free up current personnel; more capacity to build relationships; emails
received about a sustainability coordinator and the possibility of the position being shared
with schools; and, prioritization of positions so they can be reviewed.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve
the addition of an Assistant Economic Development Director be approved. 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
8. Supplementals
8.a. Consider a supplemental appropriation for the Public Works Department in the
amount of $2,148,332
Jim Baker, Director of Public Works, stated funds have been approved through the
state's Revenue Sharing Program for the following three projects: $950,000
received for the VDOT Revenue Sharing Paving Grant with local match of
$950,000; $364,500 received from VDOT Revenue Sharing for Bluestone Trail at
JMU Grant with local match that will be reimbursed by JMU of $364,500; and,
$469,332 received for Transportation Alternatives Program Grant for the
Downtown Streetscape Phase III project with local match of $117,333. Mr. Baker
stated the local match amounts are already included in the budget.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, that this
supplemental appropriation be approved. 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
9. Other Matters
Mayor Jones stated he would like to see more specific goals from both staff and the
community regarding the Sustainability Coordinator.
9.a. Consider establishing a Tourism Expert Recommendation and Review Panel
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Mayor Jones would like to establish a Tourism Expert Recommendation and
Review Panel that would work with staff to come up with recommendations to
council regarding a tourism position. Mayor Jones noted he would be happy to
serve on the panel. It was noted that this panel would be similar to the Economic
Development Advisory Committee.
A motion was made by Council Member Degner, seconded by Council Member Byrd, for staff
to draft by-laws for a Tourism Expert Recommendation and Review Panel for council's
consideration during a future meeting. 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 noted that directors are compiling a program inventory for
their departments. He noted this information will not be ready for the upcoming
budget season.
Mayor Jones congratulated Pastor Chris and Sherrell Johnson on the birth of their
son.
Council Member Degner noted the Middle River Regional Jail (MRRJ) tour was
extremely informational and thanked the county and city for the coordination of the
tour. He stated council and staff came back with both questions and more
information. City Manager Hodgen stated the first board meeting was held at
MRRJ and he along with the Finance Director and Police Chief attended. Council
Member Degner stated a full time re-entry position was created, a position and a
half is committed to GED’s, the medical facility and a work release program.
Council Member Baugh noted in our existing jail currently we don ’t have the room
to house any other programs due to the lack of space. Council Member Degner
noted the data Mr. Giannakorous shared and stated just because we have the
space we don’t want to become complacent on the alternative sentencing and the
other programs we are pursuing. Council Member Degner stated a Community
Criminal Justice Board meeting is scheduled for September 25, 2015 and a final
agenda available on September 14, 2015. Council Member Degner noted an event
that was held on Saturday to review ways to reduce recidivism and the outcome of
that event.
Council Member Degner stated he would like to speak about a possible
Sustainability Advisory Committee.
Council Member Shearer noted his most recent ride along with the Harrisonburg
Police Department (HPD). Council Member Shearer stated the evening went from
creating relationships with students and the community to the SWAT team being
called. Council Member Shearer noted the professionalism within the HPD.
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Mayor Jones stated he will be attending a Mayors’ Institute on City Design in
October in Arkansas. Mayor Jones noted his case study is to address the area
north of WHSV. Mayor Jones stated the trip is at no cost to the city. City Manager
Hodgen reviewed how the program worked, stated the University of Arkansas
receives a grant for this program which then brings individuals to the community
and there will be subject matter personnel that will be reviewing the case studies.
Vice-Mayor Baugh noted the memorandum that was sent out about both the JMU
and School Board Liaison meetings. He also reviewed what was being presented
during the upcoming Planning Commission meeting.
10. Boards and Commissions
No action taken.
11. Adjournment
At 9:17 p.m., there being no further business and on motion adopted, the meeting
was adjourned.
________________________ ________________________
CITY CLERK MAYOR
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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, September 8, 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: August 25, 2015 Draft Meeting Minutes
5.b. Special Meeting Minutes
Attachments: August 31, 2015 Draft Meeting Minutes
5.c. Consider amending and re-enacting Section 1-1-12(1)b and enacting Section
1-1-12(1)e of the Harrisonburg City Code
Review & In accordance with council's direction at its July 14th meeting, staff has prepared a draft
Recommendation: ordinance establishing a new voting Precinct 5 in Ward 1 consisting mostly of JMU's
campus, and amending the description of the boundaries of Ward 1, Precinct 2
(Spotswood Precinct) for council's consideration. Staff has also prepared a map
showing the proposed precinct changes. The proposed ordinance amendment and
map are attached. Also attached is documentation from the Electoral Board as
requested by council.
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City Council Meeting Agenda - Final September 8, 2015
Attachments: Public Hearing Notice
Ordinance
JMU Precinct Packet
With JMU Precinct
Without JMU Precinct
Ordinance - Corrected
Ordinance Revised 09/02/15
Signed Ordinance
Legislative History
8/25/15 City Council approved on first reading
5.d. Consider a supplemental appropriation for the Fire Department in the amount of
$147,835.19
Review & These are carryover funds from the previous budgeted year for unexpended Fire
Recommendation: Program funds and Four-for-Life funds.
Attachments: Supplemental Appropriation (Fire)
Legislative History
8/25/15 City Council approved on first reading
5.e. Consider a supplemental appropriation for the Police and Fire Departments in the
amount of $93,159.38
Review & The Police and Fire Departments were awarded various grants in the prior fiscal year .
Recommendation: This request will reappropriate these unexpended prior year grant awards.
Attachments: Supplemental Appropriation (Grants)
Legislative History
8/25/15 City Council approved on first reading
5.f. Consider an ordinance closing a 13,462 square foot portion of Grove Street right of
way between New York Avenue and Ohio Avenue in the City of Harrisonburg
Review & This item is the result of a city initiated closing of an undeveloped portion of Grove
Recommendation: Street between New York Avenue and Ohio Avenue. The vacated portion of Grove
Street, which consists of 13,462 square feet, will be conveyed to William F. Cale and
Susan T. Cale, who own the adjoining property on both sides of the portion of Grove
Street to be vacated. The Cales have agreed to terminate a 60 foot wide easement of
right of way over a portion of Westover Park which benefits their property.
Attachments: Public Hearing Notice
Ordinance - Grove Stree ROW
Grove St vacation of ROW plat
Signed Ordinance
Legislative History
8/25/15 City Council approved on first reading
6. Public Hearings
6.a. Consider repealing Section 17-1-1 and amending and re-enacting Section 17-1-2 &
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City Council Meeting Agenda - Final September 8, 2015
17-1-3 of the Harrisonburg City Code to eliminate school election districts and to
provide for at-large election of Harrisonburg City Public School Board Members
Review & These proposed ordinance amendments eliminates the two election districts in the city
Recommendation: and provides for the at-large election of school board members.
Attachments: Public Hearing Notice
Ordinance
Signed Ordinance
6.b. Consider CDBG 2014-2015 Consolidated Annual Performance Evaluation Report
(CAPER)
Review & A short presentation will be given on the Consolidated Annual Performance &
Recommendation: Evaluation Report (CAPER), which is a document required by the U.S. Department of
Housing & Urban Development (HUD) for the evaluation and review of CDBG programs
in fiscal year 2014-2015. This presentation will be followed by a public hearing and will
commence the 15 day public comment period, which will end at 9:00 a.m. on
September 24, 2015.
Attachments: Public Hearing Notice
Summary for Council
PowerPoint
6.c. Consider a request from J-M Apartments with representative Jim Monger to rezone a
17,777 +/- square feet parcel located at 141 West Bruce Street, from M-1, General
Industrial District to B-1C, Central Business District
Review & Planning Commission recommended approval (6-0) of the rezoning request for the
Recommendation: property at the intersection of West Bruce Street and Chesapeake Avenue and
identified as tax map parcel 25-H-19A, with the following proffers:
1. The property shall be redeveloped by improving and maintaining the existing
structure, where all by-right uses of the B-1 district shall be permitted except for the
following limitations:
a. Residential uses shall be limited to multi-family residential uses, where one parking
space shall be provided on-site per bedroom.
b. Restaurants and personal service establishments are not permitted without an
amendment to these proffers.
c. No retail uses shall be allowed except those associated with R .S. Monger and Sons,
Inc.
2. Special Use Permits shall be permitted as approved by City Council.
3. The property shall maintain at least seven off-street parking spaces. Any number of
these spaces may be used to meet the minimum required as specified in proffer "1a."
4. Exterior storage of materials associated with any warehousing component of the
property shall only occur under the rear covered porch /dock and to the south of the
building.
Attachments: Cover Sheet RZ 141 W Bruce Street
Extract RZ 141 W Bruce Street
Site Maps
Application & Other Supporting Documents
PowerPoint
6.d. Consider a request from J-M Apartments with representative Jim Monger to amend
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City Council Meeting Agenda - Final September 8, 2015
the Zoning Ordinance Section 10-3-85 Uses Permitted Only By Special Use Permit
of the B-1, Central Business District by adding warehousing and other storage
facilities as a special use in the B-1 district
Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance
Recommendation: amendment that would modify Section 10-3-85 by adding warehousing and other
storage facilities as a special use in the B-1 district. Warehousing and other storage
uses are currently not permitted by right or by special use permit in the B -1, Central
Business District.
Attachments: Cover Sheet ZO Amend warehousing in B-1
Extract ZO Amend warehousing in B-1
Staff Report RZ 141 West Bruce Street
PowerPoint
Signed Oridnance
6.e. Consider a request from J-M Apartments with representative Jim Monger for a
special use permit per Section 10-3-85 of the Zoning Ordinance to allow
warehousing and other storage facilities within the B-1, Central Business District at
141 West Bruce Street
Review & Planning Commission recommended approval (6-0) of the special use permit request to
Recommendation: allow warehousing and other storage facilities on the 17,777 +/- square feet parcel
located at the intersection of West Bruce Street and Chesapeake Avenue and identified
as tax map parcel 25-H-19A.
Attachments: Cover Sheet SUP 141 W Bruce Street
Extract SUP 141 W Bruce Street
Site Maps
Application & Other Supporting Documents
PowerPoint
7. Regular Items
7.a. Consider a request from Purple and Gold, LLC to preliminarily subdivide a 1.1 +/-
acre parcel into 11 townhouse lots and one common area lot, with variances from
the Subdivision Ordinance
Review & The property, zoned R-3, Medium Density Residential District, does not have public
Recommendation: street frontage but is addressed as 2237 Reservoir Street. Planning Commission
recommended approval (7-0) of the preliminary plat found on tax map 80-A-8A with
variances to the Subdivision Regulations Section 10-2-42 (c) to allow the lots to not
have public street frontage and Section 10-2-43 to deviate from easement dedication
requirements.
Attachments: Cover Sheet PP Charleston Townes 2015
Extract PP Charleston Townes 2015
Site Maps
Application & Other Supporting Documents
Final Version Charleston Townes Resubmission (08-07-15)
PowerPoint
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City Council Meeting Agenda - Final September 8, 2015
7.b. Update from Superintendent on City of Harrisonburg Public Schools
Review & The superintendent will update Council on enrollment trends and projected space
Recommendation: challenges
Attachments: PowerPoint
7.c. Consider Resolutions of Support for two (2) Public Works projects for consideration
under VDOT’s new House Bill 2 (HB2) funding program
Review & The Public Works Department is seeking City Council to consider the attached
Recommendation: Resolutions of Support for two (2) projects that will be submitted for funding
consideration under VDOT's HB2 prioritization program. The projects are the I-81 Exit
247 Improvement and South Main Street / MLK Jr. Way Improvements, both are
displayed on the attached project sketches. The Harrisonburg Rockingham
Metropolitan Planning Organization (MPO) recently passed its own Resolutions of
Support for both of these projects.
Attachments: I-81 Exit 247 Improvements - Alternative 1
Resolution of Support I-81 Exit 247 Improvements
Resolution of Support - MPO I-81 Exit 247 Improvements
Resolution of Support S. Main & MLK, Jr. Way
Resolution of Support - MPO S. Main & MKL, Jr. Way
MLK, Jr. Way Widening Phase 1
Signed Resolution I-81 Exit 245
Signed Resolution I-81 Exit 247
Signed Resolution South Main/MLK, Jr. Way
7.d. Consider a resolution on the issuance of up to $40,000,000 of Revenue Bonds by
the Industrial Development Authority of the Town of Broadway, Virginia, for the
Benefit of Virginia Mennonite Retirement Community, Inc
Review & The Industrial Development Authority (IDA) of the town of Broadway intends to issue up
Recommendation: to $40,000,000 of revenue bonds for the benefit of Virginia Mennonite Retirement
Community, Inc (VMRC). Under Section 15.2-4905 of the Code of Virginia, the
Harrisonburg City Council must concur with this financing. This concurrence is
necessary because VMRC is located in the city, but is using the Broadway IDA for the
issuance. There is no financial obligation for the city related to the concurring resolution .
Unfortunately, the Harrisonburg IDA was unable to issue these bonds because the city
needs the IDA's bond issuing capacity for a large upcoming city financing.
Attachments: IDA Rev Bond Issuance - VMRC
Signed Resolution
7.e. Consider a resolution setting the percentage of personal property tax relief for the
year 2015 to 30%
Review & This is the annual resolution to set the percentage of personal property tax relief
Recommendation: pursuant to Article J of Title 4 Chapter 2 of the Harrisonburg City Code. The
Commissioner of the Revenue has determined the final percentage for the tax year
2015 to be thirty percent (30%)
Attachments: Resolution
7.f. Consider Finance Committee Fund Balance recommendations to council
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City Council Meeting Agenda - Final September 8, 2015
Review & The Finance Committee met last month to consider recommendations relative to the
Recommendation: Unappropriated Fund Balance at fiscal year-end, June 30, 2015. Those
recommendations are listed below and included on the attached spreadsheet.
1. Use of $748,372 to balance current year budget (this is a one-time amount for a
radio system upgrade project for the ECC).
2. Reserve $1,200,000 for architectural/engineering services for the new school project.
3. Reserve $520,000 for non-recurring capital outlay items in the FY 15-16 budget.
4. Reserve $150,000 for predevelopment costs associated with the Hotel Conference
Center project.
5. Reserve $200,000 for Fire Programs and Four-for-Life Fund
Attachments: 6-30-15 Fund Balance
7.g. Consider addition of Assistant Director of Economic Development position
Review & At the September 8, 2015 meeting, Council members indicated an interest in filling the
Recommendation: position of Assistant Director of Economic Development. This is a position that has
been in the City system for a number of years, at one point having been filled via a
contract with James Madison University, but standing vacant since 2009.
Attached for further discussion is a copy of the position class specification and an
non-exhaustive listing of possible initial task assignments should the position be filled.
Attachments: 9-2-15 Assistant Director Responsibilities
Asst Director Class Specification
8. Supplementals
8.a. Consider a supplemental appropriation for the Public Works Department in the
amount of $2,148,332
Review & The Public Works Department has received grant funds and payments from JMU in the
Recommendation: amount of $2,148,332 for three (3) projects located in the City. Each project requires
different match amounts and those are listed below:
* VDOT Revenue Sharing Paving
o Grant $950,000
o Local Match $950,000
* VDOT Revenue Sharing - Bluestone Trail at JMU
o Grant $364,500
o Local Match $364,500 (Reimbursed by JMU)
* Transportation Alternatives Program Grant - Downtown Streetscape Phase III
o Grant $469,332
o Local Match $117,333
Attachments: Supplemental Appropriation (Public Works)
9. Other Matters
10. Boards and Commissions
11. Adjournment
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