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City Council

Regular Meeting

Harrisonburg, VA · October 28, 2014

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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, October 28, 2014 7:00 PM Council Chambers 1. Roll Call Present: 4- Mayor Ted Byrd, Vice-Mayor Charles Chenault, Council Member Richard Baugh, and Council Member Abe Shearer Absent: 1- Council Member Kai Degner Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica Kann, City Attorney Chris Brown, and Captain Richard Sites 2. Invocation Council Member Baugh 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) Ramona Sanders, 355 Hartman Drive, stated she has been a volunteer with the Harrisonburg Chapter of Virginia Organizing for the last four years and informed council that there are more than 500 supporters in Harrisonburg and more than 10,000 across the Commonwealth. Mrs. Sanders provided information about Virginia Organizing and stated Virginia Organizing has 11 statements of belief, but stated four of them are related to the presentation and they were as follows: we believe that we should enhance and celebrate diversity in our community and in our state; we believe that our public officials should be held accountable for their actions and decisions; we believe that all people should be treated fairly and with dignity in all aspects of life, regardless of race, class, gender, religion, sexual orientation, age, ability or country of origin; and we believe that those who have positions of authority in our governmental bodies, law enforcement agencies and institutions of learning should reflect the diversity of our communities. Mrs. Sanders stated several members met with city staff asking for information about hiring practices that apply to Chapter 15, Strategy 14.3.4 of the Comprehensive Plan and that information has not been provided. Mrs. Sanders also showed a picture of first responders that was published in the Daily News -Record on September 11, 2014 and stated it showed a lack of diversity and the city employment practices need attention. City of Harrisonburg Page 1 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 John Lutz, Harrisonburg resident, stated his father was a city police officer for 34 years, and he feels that you shouldn't hire someone just for diversity, but that their character should matter more. Panayotis "Poti" Giannakouros, 98 Emory Street, thanked Virginia Organizing for letting him share some data and analysis relevant to their cause. Mr. Giannakouros stated most city staff members he has meet go beyond their job obligations, but we have to wonder how decision makers who assign jobs can be sensitive to what changes would help staff better serve all people. Mr. Giannakouros referenced handouts he provided to council and stated the following: old Harrisonburg was 95% non-Hispanic white; Harrisonburg of the future is minority non-Hispanic white; working age residents are 1/3 people of color and city staff are whiter than old Harrisonburg . Communities that are disconnected have caused spiraling decay. Mr. Giannakouros stated council has the ability to influence behaviors and referenced the lawn ordinance that was toughened in 2012. Mr. Giannakouros stated the city needs to implement diverse hiring and recruiting strategies as a start, set up good rules and follow them. Stan Maclin, 17 High Street, stated a group is launching a campaign for diversity within the city. Mr. Maclin stated the city has diversity and noted the International Festival, but he is concerned about the representation within the structures of city government. Mr. Maclin urged council to adopt a plan that promotes diversity and hiring practices within Harrisonburg. Mr. Maclin brought attention to Chapter 15, Strategy 17.3 and 17.4 of the Comprehensive Plan. Mr. Maclin requested to have city staff reflect the diversity of the community. Virginia Organizering encourages the city's elected officials to put a policy and culture in place to fulfill the strategy noted. Vonda Brown, retiring Director of International Festival, stated numbers are unacceptable and suggested we look at city schools because they are doing something right. Mrs. Brown stated it’s not who you know, but what you know. Mrs. Brown suggested council implement changes that need to be made. Judith Wright, Virginia Organizing, asked if job opportunities are made available to everyone. Mrs. Wright asked for data so we can see if there is a problem. Virginia Organizing wants to make the answer yes for all to apply and get a fair chance for job opportunities with the city. Mrs. Wright stated a search committee should be created for the review of applicants and the committee should be composed of 1/3 minorities. Those interviewed for given positions should be at a minimum 1/3 minority and those hired should be the most effective for the community. Mrs. Wright stated the current hiring practices don't reflect the reality, diversity, and Comprehensive Plan. Daniel Robayo, Senior Pastor of Emmanuel Episcopal Church, stated he takes great pride in telling people that Harrisonburg is increasingly cosmopolitan, because so many languages, cultures, races, and ethnicities are a growing part of the city. Mr. Robayo stated the structures and institutions of the city have been slow to catch up to the reality and the city’s workforce doesn't reflect the diversity of Harrisonburg. Mr. City of Harrisonburg Page 2 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 Robayo stated when everyone knows they belong; Harrisonburg will become healthier and stronger. Mr. Robayo noted the Comprehensive Plan and requested for council to dedicate resources, brainpower, and combined efforts to make it a reality. 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 Baugh, to approve the Consent Agenda. 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 Absent: 1- Council Member Degner 5.a. Approval of minutes These Minutes were approved. 5.b. Consider a request from Eastern Mennonite University to amend their master plan by rezoning 26.6 +/- acres of property located along Park Road, West Dogwood Drive, and Hillcrest Drive, with minimal street frontages along College Avenue and Smith Avenue and zoned R-3, Medium Density Residential District and I-1, Institutional Overlay District This Rezoning was approved on second reading. 5.c. Consider a supplemental appropriation for the Police and Fire Departments in the amount of $218,390.96 This Supplemental Appropriation was approved on second reading. 5.d. Consider an ordinance granting a franchise to use the streets and other public lands of the City of Harrisonburg for the operation of a fiber optic network This Ordinance was approved on second reading. 6. Public Hearings 6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code granting real estate tax exemption. City Attorney Brown stated this amendment is required due to a 2014 amendment to the Virginia State Code. City Attorney Brown stated the amendment that is required by state law is expanding the definition of those eligible for such exemption to include certain trusts and life estates in determining the gross income of the applicant, the income of the owner’s relatives living in the dwelling for which the exemption is City of Harrisonburg Page 3 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 claimed incomesmust be included. However, the income of the relatives or other persons visiting the dwelling and providing bona fide care giving services to the owner is not included for qualifying purposes. City Attorney Brown stated the language that was added reflects what is stated in the state code. Vice-Mayor Chenault asked if we are required to have the ordinance and if it needed to be consistent with state code. City Attorney Brown stated the city is not required to have the ordinance, but if we do these changes need to be included. A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to amend and re-enact Section 4-2-23 of the Harrisonburg City Code granting the real estate tax exemption. 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 Absent: 1- Council Member Degner 6.b. Consider the disposition of real estate, namely 3.3297 acres, more or less, designated as 1630 Driver Drive and shown on the City Block Map as Parcel No. 86-D-2 to the Visitors of James Madison University City Manager Hodgen stated during the October 14, 2014 Council Meeting, council directed the City Manager to advertise a public hearing for this matter. City Manager Hodgen stated since June the trash burning portion of the Resource Recovery Facility hasn't been operating due to the lack of trash, which has made it impossible for the city to meet its contractual obligation with JMU. City Manager Hodgen noted if enough trash could be obtained, upgrades are needed to the facility costing approximately $ 10 million over the next ten years. The discovery of new natural gas resources and technological advances in accessing those resources have resulted in gas prices that make it cheaper for JMU to produce steam for heating and cooling needs via natural gas rather than by trash-generated-steam. While JMU has honored the contract with the city for the purchase of trash-generated-steam, they have advised the city of their intent to not extend the contract, which expires in 2024. City Manager Hodgen noted that through 2024 we would need to obtain enough trash and make $10 million in repairs to then not have a customer. City Manager Hodgen stated there isn't another customer due to the fact that the plant is in the middle of JMU and all the lines lead to the JMU campus and currently there isn't another identified customer for steam. JMU has submitted an offer to purchase the referenced property from the city in the amount of $4.2 million, which staff believes is a fair price. City Manager Hodgen noted there are two portions of the facility which are the chiller and steam. The chiller portion would remain in operation and the steam portion would be shut down, but the entire facility would be purchased by JMU. City Manager Hodgen stated that JMU is also willing to assume payment for operations of the chiller facility, which would result in an approximately $800,000 cost savings to the city per year. City Manager Hodgen noted that with the offer of $4.2 million and the costs saving of $800,000 per year for the next ten years the offer price is approximately $12 million. City Manager Hodgen City of Harrisonburg Page 4 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 also noted that JMU paid for the chiller facility and we currently pay for the staffing . City Manager Hodgen stated he will be providing a report atone of the meetings in November addressing and providing recommendations for what staff is proposing to do with solid waste disposal. City Manager Hodgen noted the most significant influence on the availability of trash is the "glut" of existing, cheaper landfill space throughout the Commonwealth, which in turn gives us opportunities for our trash disposal. City Manager Hodgen noted that landfills of today are a lot different than those that were in place in 2004. City Manager Hodgen stated staff recommends that council accepts the offer subject to the city and JMU finalizing a formal agreement of sale for the property, and authorize the City Manager and City Attorney to execute the appropriate documents, which then would be brought back before council for an official vote. Vice-Mayor Chenault stated if we default on the agreement most of the real estate reverts to JMU without payment. City Manager Hodgen stated there is a deed provision that states if the city discontinues its use of all or any portion of the lands conveyed, title to the land shall revert back to JMU. Vice-Mayor Chenault stated if we continued to run the chiller portion of the facility we would be in compliance with the provision of the deed, but the city would be losing money. At 7:36 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 October 20, 2014. John Lutz, 1065 Hamlet Drive, stated he spoke to someone who disagreed JMU is turning to natural gas. Mr. Lutz stated he has access to resources that could provide turbines, which could keep the facility in operation and ensure the trash stays out of the landfill. This could also produce electricity for city residents at a reduced cost. Mr. Lutz said he is interested in placing a bid to purchase the property. Vice-Mayor Chenualt noted the revisionary clause in the deed. Helen Shibut, 319K Rockingham Drive, stated she attends council meetings and she has only been informed about this matter through the Daily News-Record. Ms. Shibut stated this might be a good offer, but it isn't something the public knows about and feels they need more time to do their research. Ms. Shibut stated that running the facility isn't economically viable, but deciding to sell the facility without knowing where our trash will be going is poor planning. At 7:39 p.m., Mayor Byrd closed the public hearing and the regular session reconvened. Council Member Baugh clarified that due to the revisionary clause the city doesn't actually own the facility. Council Member Baugh stated we own it subject to the condition of operating a waste-to-energy facility and we can't sell something we don't own. Vice-Mayor Chenault asked Mayor Byrd for a point of order. This was caused to disruptive behavior by a resident in the audience. City of Harrisonburg Page 5 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 Mayor Byrd stated council is being asked to allow the City Manager and City Attorney to proceed in working with JMU toward a purchase agreement. It was noted a public hearing is not required, but the final agreement will be brought back to council before moving forward. A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer, that this Action Item 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 Absent: 1- Council Member Degner 6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code granting real estate tax exemption. Mayor Byrd noted that he made a procedural error on agenda item 6.a. A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault to open the public hearing for agenda item 6.a. At 7:43 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 October 21, 2014 and October 28, 2014. John Lutz, 1065 Hamlet Drive, asked for clarification from what was reported in the media, because it was noted that if someone made over $30,000, but it was held in a trust, they could be taxed. Council Member Baugh stated the example Mr. Lutz gave is what the ordinance is going to correct. The changes being made are expanding those eligible for exemption. At 7:45 p.m., Mayor Byrd closed the public hearing and the regular session reconvened. A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to amend and re-enact Section 4-2-23 of the Harrisonburg City Code granting the real estate tax exemption. 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 Absent: 1- Council Member Degner City of Harrisonburg Page 6 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 7. Special Event Application Requests 7.a. Consider the Veterans Day Recognition for a special event request Katie Yount, Special Event Director Harrisonburg Downtown Renaissance, stated the Veterans Day Recognition and Parade will be held on Sunday, November 9th at 2:00 p.m. The parade will run south down Main Street starting at the Rockingham County Administration Building and end with vehicles rejoining traffic at Martin Luther King Jr . Way. Vice-Mayor Chenault stated this event has been turned into a first class event with the parade and ceremony afterwards. A motion was made by Council Member Shearer, seconded by Council Member Baugh, that this Special Event Application be approved. The motion carried by a voice vote. Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member Shearer No: 0 Absent: 1- Council Member Degner 8. Certificate and Public Necessity and Convenience Reggie Smith, Director of Public Transportation, stated there have been two applications submitted for Certificates of Public Necessity and Convenience. Mr. Smith stated the Taxi Committee has reviewed these applications and met with current taxi companies about the applications. 8.a. Consider issuing a Certificate of Public Necessity and Convenience for Ride Rite, LLC Reggie Smith, Director of Public Transportation, stated the Taxi Committee does not recommend approval for a certificate due to the following: color scheme is inconsistent and code section 14-1-33(5) requires a company-wide scheme; applicant intends to do medical transportation only; committee does not see a need for more transportation providers during daylight hours; and finally, need for more providers has not been established per code section 14-1-38. Mr. Smith stated he spoke to the applicant and feels she understands the Taxi Committee's decision. Vice-Mayor Chenault asked if council approved the certificate would Ride Rite be able to perform taxi services since their application stated their intentions were to haul medical patients to and from medical facilities. Mr. Smith stated city code states to have a taxi permit you have to provide all types of taxi services. Mr. Smith explained that under state code there is a medical permit that is offered through DMV. Mr. Smith stated Ride Rite can drop passengers off in Harrisonburg, but they can't pick City of Harrisonburg Page 7 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 up. Leslie Smith, Ride Rite Owner, stated Ride Rite operates as a taxi company out of Charlottesville, but they also do non-emergency medical transportation, which is allowed under their taxi operating authority provided that they meet the code of any city they enter. Ms. Smith stated there is a need due to Health Care Reform which allows those individuals with Medicaid to get medical transportation services. Ms. Smith stated she provided letters of reference from UVA and the Virginia Health Care Plan. Ms. Smith noted she has a fleet of 38 vehicles and she assured council her company can make all vehicles entering Harrisonburg match and look different from other operating taxi cab companies. Ms. Smith requested council approve the request or a modification to the request. Ms. Smith stated they are able to be reimbursed by Medicaid and Medicare for the services provided. The following discussion took place: not ready to vote; don't have to act; feel that there isn't enough evidence showing there is a need for the service; would like to see other information to make it more consistent to our ordinance and a need for the service; good service; suspects there is a need for this type of service; CDBG applicants that do this type of service look for grant programs; Charlottesville is an unregulated environment; nature of taxi companies is a common carrier at anyone, anytime, and any rate; make a level playing field for taxi cabs; reviewing the request according to the code; and local taxi companies could do these services. Mr. Smith stated the Taxi Committee is reviewing the code and plans to provide a presentation in November. 8.b. Consider issuing a Certificate of Public Necessity and Convenience for Eagle Taxi Mr. Smith stated the Taxi Committee does not recommend approval for the certificate due to the following: no financial information was submitted with the application per code section 14-1-33(3); vehicle information was not included per code section 14-1-33(5); character, location of terminals or depots was not included per code section 14-1-33(6); experience of the applicant was not listed per code section 14-1-33(8); no facts and circumstances were identified to show evidence for need per code section 14-1-33(9); and no established place of business was identified as required per code section 14-1-36(5). Mr. Smith also noted that it was a single person applying with one vehicle. 9. Regular Items 9.a. Report from Bicycle & Pedestrian Subcommittee on Northend Greenway Project Thanh Dang, Transportation & Environmental Planning Manager, stated three different meetings were held after council directed the Bicycle & Pedestrian City of Harrisonburg Page 8 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 Subcommittee to review and provide recommendations for the Northend Greenway project. Mrs. Dang stated all the meetings were open to the public and well attended . Mrs. Dang stated there were seven different options recognizing funding is limited . Mrs. Dang stated the Subcommitte recommends Option F1 and suggested that segments 2, 3, and 4 represent the first phase. Brief discussion took place between council members. A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to allocate the full funding amount for option F1 as presented. Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member Shearer No: 0 Absent: 1- Council Member Degner 9.b. Consider a resolution for VDOT’s FY 2015-2016 Revenue Sharing Program Jim Baker, Director of Public Works, requested council approve a resolution for additional Revenue Sharing through VDOT for four projects. Mr. Baker reminded council this program requires a local match. Mr. Baker stated applications are due next week, approval will occur in April and official award will happen in July. Mr. Baker reviewed the four projects and they were the following: Reservoir Street Reconstruction Project; Pleasant Valley Road Bridge; extension of the Bluestone Trail within JMU, with JMU paying 100% of the cost; and the annual re-paving program. A motion was made by Council Member Baugh, seconded by Council Member Shearer, that this Resolution 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 Absent: 1- Council Member Degner 9.c. Consider a request from Macerich to amend their 2012 Comprehensive Sign Plan for 1925 East Market Street, Valley Mall Stacy Turner, Director of Community Development, stated this request is to amend a previously approved Comprehensive Sign Plan from July 2012. Mrs. Turner reviewed the amendment, which included adding additional future tenant wall signage and resizing two future tenant signs. Mrs. Turner noted that with the changes they are still under their allowed square footage for signage and staff recommends approval. A motion was made by Council Member Baugh, seconded by Council Member Shearer, to approve the request to amend the Comprehensive Sign Plan as presented. The motion carried City of Harrisonburg Page 9 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 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 Absent: 1- Council Member Degner 9.d. Consider approval of a Refund Payment Agreement to the Bank of America City Attorney Brown stated the City of Harrisonburg, like most other localities in the Commonwealth, has enacted a Bank Franchise Tax, which is administered in large part by the Virginia Department of Taxation. Bank of America filed its Virginia Bank Franchise Tax Returns and paid the Bank Franchise Tax for tax years 2010, 2011, and 2012. Bank of America then filed amended returns for those years claiming a refund. The Virginia Department of Taxation audited Bank of America's returns and determined the bank is due a refund of $13,911,504. The Department of Taxation then apportioned that amount to the various localities in the Commonwealth which received bank franchise taxes from Bank of America. The city's portion of the refund to be paid to Bank of America is $52,391. Pursuant to the Refund Payment Agreement entered into by the Virginia Department of Taxation and Bank of America, if a locality refunds the amount owed to Bank of America by December 31, 2014, no interest is due on the refund. Under Virginia code Section 58.1-3981(A), if an erroneous assessment has been paid into the treasury of the city, the Commissioner of the Revenue must certify to council that the assessment was erroneous. The certification must also be consented to by the City Attorney. If Council accepts the certification it must direct the treasurer to refund to the taxpayer the amount erroneously paid. The Commissioner of the Revenue has provided the required certification and the City Attorney has consented to the certification. Staff recommends that council approve the Refund Payment Agreement and direct the treasurer to pay the amount erroneously assessed, $52,391, to Bank of America before December 31, 2014. A motion was made by Council Member Shearer, seconded by Vice-Mayor Chenault, to approve payment to the Bank of America for the refund payment. 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 Absent: 1- Council Member Degner 9.e. Consider approval of an Assignment and Assumption of Option Agreement by and between Greener Harrisonburg, LLC and the City of Harrisonburg City Attorney Brown stated Greener Harrisonburg, LLC contracted to buy 270 South Liberty Street and 276 South Liberty Street (tax parcels 25-J-20 and 19). Greener Harrisonburg, LLC offered to assign the City of Harrisonburg the option to purchase the real property and improvements located at the two properties. By approving the City of Harrisonburg Page 10 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 agreement, the City of Harrisonburg will consent to perform and satisfy all of Greener Harrisonburg, LLC's obligations reflected in the Option Agreement for Purchase of Real Property, dated June 11, 2013, and it would cost $401,830, but with certain credits the property would cost approximately $392,000 at the time of closing . A motion was made by Vice-Mayor Chenault, seconded by Council Member Baugh, to approve the assumption of the assignment and the option agreement between Greener Harrisonburg, LLC and the City of Harrisonburg. 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 Absent: 1- Council Member Degner 9.f. Consider a Memorandum of Understanding regarding the sale and renovation of the Harrison House City Attorney Brown stated the city has been in discussion with the Trustees of the Margaret Grattan Weaver Foundation, and the Trustees of Asbury United Methodist Church regarding the sale and renovation of the Thomas Harrison House on Bruce Street in Harrisonburg. City Attorney Brown stated under the memorandum of understanding the city will purchase a portion of the Thomas Harrison House property containing 7,918 square feet in exchange for a payment to the church of $565,000 and the conveyance to the church of a small parcel of land adjoining Asbury Church and owned by the city. If council approves this MOU, a public hearing on the conveyance of land to the church will be necessary. Mr. Brown stated work needs to be completed to stabilize the house and renovation will take place for a potential museum. Mr. Brown noted the two-story addition to the front of the original house and part of the commercial building located in the building near Main Street will be removed. The city will pay $565,000 and convey a parcel of land to the Quilt Museum. Mr. Brown stated the alley and driveway will not be conveyed to the church . Mr. Brown noted that the Margaret Grattan Weaver Foundation is going to donate $500,000 towards stabilizing and restoration of the building and the city plans to provide a similar amount over the next few years. Mr. Brown stated there will be a Steering Committee which will consist of a member from each organization and reviewed some items that need attention. Mr. Brown noted there are still approvals that need to take place by the church and the Rockingham County Circuit Court. Vice-Mayor Chenault noted Carol Nash, a JMU Archeologist Professor, expressed some interest in doing some work in the house. Vice-Mayor Chenault felt that the best time for that work to take place would be between the city taking control of the house and before demolition, so it doesn't interfere with progress. Mayor Byrd asked if council had any objections towards Sam Koontz speaking. City of Harrisonburg Page 11 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 Sam Koontz, 8th generation descendent of Thomas Harrison, provided history about Mr. Harrison and the property. Mr. Koontz stated he would like to see the property preserved, would provide artifacts and he is willing to help any way he can. The Virginia Department of Historic Resources recognizes the property as the oldest house in Harrisonburg and the home of its founder. A motion was made by Council Member Shearer, seconded by Council Member Baugh, that this request 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 Absent: 1- Council Member Degner 10. Other Matters Council Member Baugh stated the street/alley closing that Planning Commission recommended against withdrew their application. Council Member Baugh also stated that the Lutheran Family Services application is continuing negotiations. Vice-Mayor Chenault apologized for having to raise a point of personal privilege earlier in the meeting, but he was interested in what Council Member Baugh had to say. Council Member Baugh agreed that the discussion between council members does benefit the decision-making process. Vice-Mayor Chenault stated it is important to understand the rich fabric of Harrisonburg and the Thomas Harrison House is a key part of that fabric. Vice-Mayor Chenault noted that more space would be needed and other alternatives should be looked at. 11. Boards and Commissions 11.a. Harrisonburg Redevelopment and Housing Authority A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer, that Thomas Dawson, 1160 Decca Drive, be re-appointed to a second term on the Harrisonburg Redevelopment and Housing Authority to expire Novemeber 29, 2018. The motion carried by a voice vote. 12. Adjournment At 8:40 p.m., there being no further business and on motion adopted, the meeting was adjourned. City of Harrisonburg Page 12 Printed on 11/12/2014 City Council Meeting Minutes - Final October 28, 2014 __________________________ __________________________ City Clerk Mayor City of Harrisonburg Page 13 Printed on 11/12/2014

Agenda

409 South Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final City Council Mayor Ted Byrd Vice-Mayor Charles Chenault Council Member Kai Degner Council Member Richard Baugh Council Member Abe Shearer Tuesday, October 28, 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: October 14, 2014 Draft Meeting Minutes 5.b. Consider a request from Eastern Mennonite University to amend their master plan by rezoning 26.6 +/- acres of property located along Park Road, West Dogwood Drive, and Hillcrest Drive, with minimal street frontages along College Avenue and Smith Avenue and zoned R-3, Medium Density Residential District and I-1, Institutional Overlay District Review & Planning Commission recommended approval (6-0) of the rezoning request for master Recommendation: plan amendment to allow the applicant to increase the allowable height of their previously approved multi-panel array of solar cells resting on carport style structures located on the University Commons parking lot. The amendment also includes eliminating the single width solar cell carport style structure that was previously approved and planned to be located up to 5-feet from the property line along Dogwood Drive. Furthermore, solar panels will now be located on portions of the University Commons building rather than on the roof of the Hillside building. All other specifics of the master plan would remain the same. The property is identified as tax map parcel 51-A-1. Attachments: Application, staff report, maps and other supporting documents Extract RZ EMU Master Plan Change.doc Legislative History 10/14/14 City Council approved on first reading City of Harrisonburg Page 1 Printed on 10/23/2014 City Council Meeting Agenda - Final October 28, 2014 5.c. Consider a supplemental appropriation for the Police and Fire Departments in the amount of $218,390.96 Review & The Police and Fire Department were awarded various grants in the prior fiscal year. Recommendation: The Fire Department also receives funding through the State's Fire Programs Fund which may only be used for Fire Department purposes. This request will reappropriate these unexpended prior year grant awards and Fire Programs Funds. Attachments: Supplemental Appropriation Legislative History 10/14/14 City Council approved 5.d. Consider an ordinance granting a franchise to use the streets and other public lands of the City of Harrisonburg for the operation of a fiber optic network Review & As part of the City's Main Street Streetscape Project, the City will be installing a Utility Recommendation: Duct Bank (UDB) in the downtown area for utilities owned by the City and other utility providers. The City's Public Works Department has been approached by at least one utility company interested in installing fiber optic cable in the UDB. Such an installation would provide fiber optic services to the downtown area, and generate funds to help offset the cost of the City's Main Street Streetscape Project. Any potential utility provider will seek to use the City's UDB for a term longer than five years. Such a time period would make the use a franchise. Under state law, before a locality may grant a franchise, it must publish a notice inviting potential bidders to offer proposals for use of the locality's properties. The City has published such notice. Any offer received by the City must be read by the Mayor at the Council meeting on October 14, 2014. Attachments: Public Hearing Notice Fiber Optic Franchise Fiber Optic Franchise - Updated Legislative History 10/14/14 City Council approved on first reading 6. Public Hearings 6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code granting real estate tax exemption. Review & This request is to amend Section 4-2-23 of the Harrisonburg City Code by granting a Recommendation: real estate tax exemption to qualified property owners who are at least 65 years of age or permanently and totally disabled by expanding the definition of those eligible for such exemption to include certain trusts and life estates. The suggested amendments also exclude from gross income determinations income of bona fide caregivers living with an applicant. Attachments: Public Hearing Notice - Tax Exemption Tax Exemption Ordinace 6.b. Consider the disposition of real estate, namely 3.3297 acres, more or less, designated as 1630 Driver Drive and shown on the City Block Map as Parcel No. 86-D-2 to the Visitors of James Madison University City of Harrisonburg Page 2 Printed on 10/23/2014 City Council Meeting Agenda - Final October 28, 2014 Review & During the October 14, 2014 Council Meeting, council directed the City Manager to Recommendation: advertise a public hearing for this matter. JMU has submitted an offer to purchase the referenced property from the city in the amount of $4.2 million dollars. A report to Council is attached outlining the rationale for considering sale of the property in question to JMU. Staff recommends that Council accept the offer subject to the City and JMU finalizing a formal agreement for sale of the property, and authorize the City Manager and City Attorney to execute the appropriate documents. Attachments: Public Hearing Notice - Resource Recovery Facility Memorandum - Resource Recovery Facility 7. Special Event Application Requests 7.a. Consider the Veterans Day Recognition for a special event request Review & The Veterans Day Recognition and Parade will be held on Sunday, November 9th at Recommendation: 2:00pm. The parade will run south down main street starting at the Rockingham County Administration Building and end with vehicles rejoining traffic at MLK Jr Way. Attachments: Special Event Application Road Closing Map Map PW Staff Requirements Veterans Parade COI 8. Certificate and Public Necessity and Convenience 8.a. Consider issuing a Certificate of Public Necessity and Convenience for Ride Rite, LLC Review & The Taxi Committee does not recommend approval for Certificate due to the following: Recommendation: color scheme is inconsistent and code section 14-1-33(5) requires company scheme; applicant intends to do medical transportation only; committee does not see a need for more transportation providers during daylight hours; and need for more providers has not been established per code section 14-1-38. Attachments: Ride Rite Application.pdf 8.b. Consider issuing a Certificate of Public Necessity and Convenience for Eagle Taxi Review & The Taxi Committee does not recommend approval for Certificate due to the following: Recommendation: no financial information was submitted with application per code section 14-1-33(3); vehicle information not included per code section 14-1-33(5); character, location of terminals or depots not included per code section 14-1-33(6); specific experience of applicant not listed per code section 14-1-33(8); no facts and circumstances to show evidence for need per code section 14-1-33(9); and no established place of business per code section 14-1-36(5). Attachments: Eagle Taxi Application 9. Regular Items 9.a. Report from Bicycle & Pedestrian Subcommittee on Northend Greenway Project City of Harrisonburg Page 3 Printed on 10/23/2014 City Council Meeting Agenda - Final October 28, 2014 Review & On August 12, 2014 City Council directed the Bicycle & Pedestrian Subcommittee to Recommendation: review and provide recommendations for the Northend Greenway project and funds. The Subcommittee held three meetings to review the request and their recommendation is provided in the attached memorandum. Attachments: Memorandum to City Council from Subcommittee 2010-10-28 9.b. Consider a resolution for VDOT’s FY 2015-2016 Revenue Sharing Program Review & VDOT has historically offered its Revenue Sharing Program to localities to advance Recommendation: transportation projects to construction. Localities may apply for a maximum of $10 million annually through this program. Staff is requesting Council's consideration for the City applying for a Revenue Sharing Grant in the FY16 budget cycle to: 1. Finance construction of the Reservoir Street Reconstruction Project in the amount of $3,000,000 ($1,500,000 revenue sharing, and $1,500,000 City matching funds). 2. Finance replacement of the Pleasant Valley Road bridge in the amount of $1,500,000 ($750,000 revenue sharing, and $750,000 City matching funds). 3. Finance construction of an extension to the Bluestone Trail within JMU in the amount of $729,000 ($364,500 revenue sharing, and $364,500 City matching funds provided by JMU). 4. Finance a portion of the annual paving program in the amount of $1,900,000 ($950,000 revenue sharing, and $950,000 City matching funds). Applications are due to VDOT November 1, 2014. Attachments: Resolution 9.c. Consider a request from Macerich to amend their 2012 Comprehensive Sign Plan for 1925 East Market Street, Valley Mall Review & City Code section 11-7-6.1 (7) permits a shopping center to request approval of Recommendation: otherwise non permitted signage by presenting a Comprehensive Sign Plan (CSP) to City Council. In July 2012 Macerich received approval of a CSP for the Valley Mall Shopping Center and would like to amend the plan by adding additional future tenant wall signage and resizing two future tenant signs. Attachments: Valley Mall 2014 CSP update Letter of request 2012 CSP Schematic and Calculation Sheet Proposed CSP Schematic and Calculation Sheet Comprehensive Sign Plan, photos, design concepts 9.d. Consider approval of a Refund Payment Agreement to the Bank of America City of Harrisonburg Page 4 Printed on 10/23/2014 City Council Meeting Agenda - Final October 28, 2014 Review & The City of Harrisonburg, like most other localities in the Commonwealth, has enacted Recommendation: a Bank Franchise Tax which is administered in large part by the Virginia Department of Taxation. Bank of America filed its Virginia Bank Franchise Tax Returns and paid the Bank Franchise Tax for tax years 2010, 2011, and 2012. Bank of America then filed amended returns for those years claiming a refund. The Virginia Department of Taxation audited Bank of America's returns and determined the bank is due a refund of $13,911,504. The Department of Taxation then apportioned that amount to the various localities in the Commonwealth which received bank franchise taxes from Bank of America. The city's portion of the refund to be paid to Bank of America is $52,391. Pursuant to the attached Refund Payment Agreement entered into by the Virginia Department of Taxation and Bank of America, if a locality refunds the amount owed to Bank of America by December 31, 2014, no interest is due on the refund. Under Virginia code Section 58.1-3981(A), if an erroneous assessment has been paid into the treasury of the City, the Commissioner of the Revenue must certify to Council that the assessment was erroneous. The certification must be consented to by the City Attorney. If Council accepts the certification, it must directs the treasurer to refund to the taxpayer the amount erroneously paid. The City's Commissioner of the Revenue has provided the required certification and the City Attorney has consented to the certification. Staff recommends that council approved the Refund Payment Agreement and direct the treasurer to pay the amount erroneously assessed, $52,391, to Bank of America before December 31, 2014. Attachments: Letter from COR Letter from City Attorney Refund Payment Agreement 9.e. Consider approval of an Assignment and Assumption of Option Agreement by and between Greener Harrisonburg, LLC and the City of Harrisonburg Review & The agreement will assign to the City of Harrisonburg the option to purchase the real Recommendation: property and improvements located at 270 South Liberty Street and 276 South Liberty Street (tax parcels 25-J-20 and 19). By approving the attached agreement, the City of Harrisonburg will consent to perform and satisfy all of Greener Harrisonburg, LLC's obligations reflected in the Option Agreement for Purchase of Real Property, dated June 11, 2013, and attached as Exhibit A. Attachments: Assignment Agreement - Greener Harrisonburg, LLC Exhibit A - Greener Harrisonburg 9.f. Consider a Memorandum of Understanding regarding the sale and renovation of the Harrison House City of Harrisonburg Page 5 Printed on 10/23/2014 City Council Meeting Agenda - Final October 28, 2014 Review & This is a Memorandum of Understanding between The City of Harrisonburg, the Recommendation: Trustees of the Margaret Grattan Weaver Foundation, and the Trustee of Asbury United Methodist Church regarding the sale and renovation of the Harrison House on Bruce Street in Harrisonburg. Under the terms of the MOU, the City will purchase a portion of the Harrison House property containing 7,918 square feet in exchange for a payment to the Church of $565,000 and the conveyance to the Church of a small parcel of land adjoining Asbury Church and owned by the City. The City and the Margaret Grattan Weaver Foundation will each contribute $500,000 for the stabilization and renovation of the Harrison House property, and the removal of the attached Hull House. A copy of the MOU is attached, together with the proposed real estate contract between the City and Church. A plat by the City Surveyor showing the portion of the Harrison House property to be conveyed is also attached as well as a drawing of the parcel to be conveyed to the Church. If Council approves this MOU, a public hearing on the conveyance of land to the Church will be necessary. Attachments: Memorandum of Understanding - Thomas Harrison House Real Estate Purchase Contract - Thomas Harrison House Exhibit A - Thomas Harrison House Exhibit B to Real Estate Purchase Contract 10. Other Matters 11. Boards and Commissions 11.a. Harrisonburg Redevelopment and Housing Authority Review & There are two upcoming vacancies on this board. Mr. Wong, Executive Director, has Recommendation: notified the clerk that both Elroy Miller and Tom Dawson have shown interest in being re-appointed to a second term to expire November 29, 2018. The clerk is waiting on re-appointment applications to make sure current information is received. 12. Adjournment City of Harrisonburg Page 6 Printed on 10/23/2014

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