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City Council

Regular Meeting

Harrisonburg, VA · June 14, 2016

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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, June 14, 2016 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: 4- City Manager Kurt Hodgen, 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. New Agenda Items Added During Meeting 4.a. Update regarding the Finance Committee Mayor Jones announced that he owes the IRS approximately $58,000 and he is working towards satisfying the debt with an accountant. Mayor Jones announced he was stepping down from the finance committee and suggested appointing Vice-Mayor Baugh to fill the vacancy. 4.b. Moment of silence Mayor Jones called for a moment of silence for the victims and families involved with the Orlando shooting. Mayor Jones acknowledged a candle light vigil that was held the night prior at Court Square. 4.c. Presentation from the Moms Demand Action for Gun Sense America group Lauren Huber, member of the local chapter of Moms Demand Action for Gun Sense in America, thanked Mayor Jones for recognizing June 2, 2016 as National Gun Violence Awareness Day. Mrs. Huber reviewed what the group stands for, noted last year 103 mass shootings and 32,000 gun deaths occurred, this year 45 children have accessed unsecured guns, and that this is a public health issue. City of Harrisonburg Page 1 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 Kelly Brady, member of the local chapter of Moms Demand Action for Gun Sense in America, stated she is a local educator, a mom of two boys, and runs a program called Be Smart. Mrs. Brady stated more conversation regarding guns need to be held because toddlers in America are 11 times more likely to be shot by firearms than any other undeveloped nation and in 2013 more toddlers were killed by firearms than on-duty police officers. Mrs. Brady noted teenagers are impulsive, guns need to be locked, ammunition needs to be stored separately, and more conversations need to be held. Jim Atwood, retired minister and gun owner, feels guns have determined the character and the direction of this country. He doesn’t want to take guns away, but feels that discussion needs to occur regarding responsible gun laws. Mr. Atwood noted that mass shootings are only a small portion of gun deaths in this country and noted statistics from terrorists’ acts compared to firearm deaths in the United States. Mr. Atwood invited citizens to attend a vigil that will be held Thursday night beginning at 6:30 p.m., at the Court House. 4.d. Consider a resolution honoring Lee Foerster for his service Mayor Jones read and presented a resolution to Lee Forester, director of the Department of Parks and Recreation, honoring him for his 40 years of service. Mr. Foerster stated he has been privileged to have worked at the city for 40 years, appreciated the cooperation and resources that both council and citizens have provided, and is humbled and honored to be recognized. Mr. Foerster stated he looks for the continued success for both the department and the city as a whole in the future. Council Member Shearer stated as a member of the Parks and Recreation Committee Lee has been a leader. He recognized over the years how people recreate, commended his leadership, and thanked him for his service. The other council members and the city manager concurred and thanked Mr. Forester for his services and wished him well. A motion was offered by Council Member Degner, seconded by Vice-Mayor Byrd, to approve the resolution. The motion carried with a unanimous voice vote. 5. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) James "Bucky" Berry, 30 West Washington Street, stated approximately 900,000 individuals are going to bed hungry in the state of Virginia, we need to reduce taxes, and people will do desperate things if they can’t eat. Mr. Berry announced ABC Supply is going to do a one week food drive beginning on June 24, 2016 with a BBQ from 11:00 a.m. until 2:00 p.m. Mr. Berry also stated things would be better if each business contributed a little towards hunger issue, guns aren ’t the issues, it is the issue of the mentally ill, and he stated that he hopes to never see a situation like Orlando here in Harrisonburg, and asked the mayor to step down. City of Harrisonburg Page 2 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 Brent Berry, 30 West Washington Street, invited everyone to participate in the ABC Supply food drive to benefit the Salvation Army from 7:00 a.m. until 4:00 p.m. daily beginning on Friday, June 24, 2016 through Friday, July 1, 2016. 6. 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 offered by Council Member Degner, seconded by Vice-Mayor Baugh, 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 6.a. Minutes These minutes were approved on the consent agenda. 6.b. Consider a request from Miguel Hernandez Aguirre and Maria Perez Rebollar to close 1,610 +/- square feet of an undeveloped public alley located perpendicular to and off of East Johnson Street, between 135 and 147 East Johnson Street The closing of the undeveloped public alley was approved on second reading. 6.c. Consider a supplemental appropriation in the amount of $18,245 for the Registrar’s office for reimbursements from James Madison University for campus precinct This supplemental appropriation was approved on second reading. 6.d. Consider an amendment to Section 15-2-24 of the Harrisonburg City Code, Chicken Ordinance This ordinance was approved on second reading. 6.e. Consider an amendment to Section 7-4-1 of the Harrisonburg City Code increasing water rates This ordinance was approved on second reading. 6.f. Consider a supplemental appropriation in the amount of $39,710,416.60 for the General and School Capital Project Funds This supplemental appropriation was approved on second reading. 7. Regular Items 7.a. Consider a public utilities request from Randy Cosner of Cosner Construction, Inc . per Section 7-2-4 of the City Code, to extend city water and sewer services for a City of Harrisonburg Page 3 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 new development within Rockingham County Adam Fletcher, director of the Department of Community Development, stated the property is a 7.73 +/- acre tract of land located within the 300 block of Vine Street, but the applicant desires to subdivide and purchase a 2.5 +/- acre portion of the larger tract in order to construct up to 28 townhomes. Mr. Fletcher noted that this request comes before council due to Section 7-2-4(b) of the Harrisonburg City Code and it is recommended for approval by both staff and Planning Commission . Mr. Fletcher stated the applicant understands there are still some obligations he needs to fulfill in Rockingham County and the developer would be responsible for all engineering calculations and improvements to the water and sewer system to facilitate the requested services. The applicant will have to work closely with Public Works to obtain a public access permit in order to construct an entrance onto Vine Street and to ensure that all requirements regarding the construction of sidewalk along the Vine Street frontage are met. A motion was offered by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve the public utilities request 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.b. Update on the changes to the Virginia Employment Commission Sharon Johnson, Shenandoah Valley Workforce Development Board (SVWDB) CEO, stated the current Virginia Employment Commission (VEC) will be co-locating its operations with the Valley Workforce Center located at 160 North Mason Street in Harrisonburg on August 1, 2016. Ms. Johnson noted a press release was issued on May 6, 2016 announcing the relocation and stated this is required due to changes in the federal Workforce Innovation and Opportunity Act . Ms. Johnson stated the SVWDB has a service region that includes 16 localities, which includes five valley workforce centers and three VEC offices and noted where the other VEC offices would relocate. Ms. Johnson reviewed the setup of the new location and noted they are doubling their office space. Ms. Johnson noted concerns regarding parking and access from 81 have been addressed and they eased concerns with those that hold job fairs. Ms. Johnson stated she feels that it is a good change and it provides an opportunity to eliminate duplicative services. Ms. Johnson made herself available to address any questions and /or concerns. Mayor Jones thanked Ms. Johnson for her service. Council Member Degner thanked Ms. Johnson for the update, noted that these resources are sought after, and knows there is dedicated staff to provide training to help get individuals the jobs that are available in the area. Ms. Johnson stated she would like to provide an update after the move occurs. Mayor Jones noted that the Valley Workforce Development has come to several community meetings he had attended and asked if that would be something with which the board would partner. Ms. Johnson City of Harrisonburg Page 4 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 stated the SVWDB has the valley workforce centers brand, on the job training (OJT) which offers approximately $9M to businesses for OJT registered apprenticeships and incumbent workers, and their service provider is Goodwill of the Valley. 7.c. Presentation on the K9s For Warriors event that will be held in Harrisonburg on Saturday, July 23, 2016 Chad Layman, Harrisonburg K9s for Warriors event coordinator, provided an overview of the upcoming K9s for Warriors event that will be held on Saturday, July 23, 2016 in partnership with the Harrisonburg Police Department/SWAT team at the Harper/Presgraves Training facility to raise money for veterans struggling with post-traumatic stress disorder (PTSD). Mr. Layman stated to date $133,000 had been raised. Mr. Layman reviewed why the event and program is important and invited everyone to come out and participate. Mr. Layman noted veterans get in free to the event, the guest speaker would be Jim Kuiken, and noted funds will stay here in the valley. Mr. Layman thanked the city of Harrisonburg for allowing the use of the training grounds and asked the city to help promote the event and provide any equipment the event might need. Captain Tom Hoover, Harrisonburg Police Department, stated it has been an honor to work with Mr. Layman on the event and requested the council ’s attendance and support. 7.d. Consider a request to advertise delinquent Real Estate taxes for the years 2013-2014 & 2014-2015 Jeff Shafer, city treasurer, stated this is a collection tool the city uses to collect delinquent real estate taxes. Mr. Shafer stated notices will be sent out the first of August to all delinquent real estate accounts and 30 days is provided for those amounts to be collected. If those taxes aren't collected, the delinquent real estate accounts will be advertised in the Daily-News Record for years 2013/2014 and 2014/2015. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve the request to advertise as requested by the city treasurer. 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 request of the removal of delinquent taxes from current collections accounts Mr. Shafer stated Virginia and City Code's limit the duration in which local taxes can be collected. He noted the city has obtained judgments on several personal property accounts that will allow continued efforts to collect taxes for an additional 20 years. Mr. Shafer noted that the request is to write off 1995/1996 real estate taxes, $769.42, and 2010 personal property taxes, $112,413. City of Harrisonburg Page 5 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve the request to remove delinquent taxes from current collections accounts. 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 the approval of Business, Professional and Occupational License (BPOL) refunds for 2016 City Attorney Brown stated there are four business, professional, and occupational licenses (BPOL) refunds due. City Attorney Brown noted three of the businesses paid in full and then their businesses closed and the other overpaid when making an estimated payment. City Attorney Brown noted that the refunds are not due to errors made by the Commissioner of the Revenue office. A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve the Business, Professional and Occupational License (BPOL) refunds for 2016. 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.g. Consider expansion of Harrisonburg Arts & Cultural District Boundaries Brian Shull, director of the Department of Economic Development, stated the city was the first Arts and Cultural District in the state. He stated he has been working with Swartz Photography who is looking to open a business at 40 West Washington Street, which lies directly outside the arts and cultural boundary and they are requesting the expansion of the boundary. Mr. Shull stated when this request was made, staff decided to review the boundaries that were last adjusted in 2001 to see if other venues could be identified. After consultation with the Arts Council of the Valley staff, it is recommended to bring the Spitzer Art Center, the Lucy F. Simms Continuing Education Center, and the existing building located at 40 West Washington Street into the current district. Mr. Shull reviewed the new proposed boundaries. Mayor Jones noted that a new historical exhibit just opened up at the Simms Center. Mr. Shull stated the building Swartz Photography is looking to purchase has an existing business called Claudia Hand Painted Yarns, which is another arts related business. Mr. Shull noted the ordinance would also need to be amended to reflect a few new street names. Mr. Shull stated this district is to help market arts and culture businesses and a few incentives were available. Mayor Jones asked if the proper signage and badging would be displayed within the district. Mr. Shull stated it would be addressed, but currently there isn’t a lot of signage. Mayor Jones stated during the last few months there have been several different entities recognizing that the city has a signage and marketing issue and suggested to guide Public Works to coordinate efforts. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, City of Harrisonburg Page 6 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 to approve the expansion of the Arts and Cultural District as presented. Clay Clark, owner of Clementine’s, applauded efforts supporting and encouraging arts and culture in downtown Harrisonburg; however, he asked council to examine the ordinances that are currently in effect as to how they affect the businesses in downtown Harrisonburg and what the proposed ordinance will actually accomplish other than establishing bragging rights. Mr. Clark continued by asking council to review the ordinance of how it would support those local businesses making efforts to support arts and cultural, such as certain tax exemptions. Mr. Clark asked council to table this request until further review of the impact of the arts and cultural district, the exemptions that are provided, and whether or not they actually accomplish anything as far as encouraging local businesses to encourage arts and cultural activities. Mr. Shull stated he has been in conversation with Mr. Clark and others downtown regarding the admissions tax. Mr. Shull commented that the two requests aren’t mutually exclusive. The motion was amended by Council Member Degner, seconded by Vice-Mayor Baugh, to approve the district expansion and ask the director of economic development to report back to council on the effectiveness of the ordinance and recommend how it might be improved. 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.h. Consider a Restated and Second Amendment to the Memorandum of Understanding for the development, ownership, and financing of a hotel and conference center City Attorney Brown reviewed the history of the hotel and conference center beginning with the approval of a memorandum and other documents on October 14, 2014 and noted the James Madison University (JMU) Foundation discovered the structure jeopardized its 501 (3)(c) status. City Attorney Brown stated over the last several months stakeholders involved have met to restructure the transaction and noted the main change is how the money flows from the Foundation to the developer. City Attorney Brown reviewed how the Industrial Development Authority (IDA) is involved and noted the repayment to the Foundation of the conference center financing funds will remain as previously approved by council. City Attorney Brown also noted the conference center will now be owned by the developer and that JMU will now lease the real property occupied by the conference center to the developer. City Attorney Brown clarified that JMU will own the property, but the developer will own the buildings. City Attorney Brown stated if approved, a public hearing will be held by the IDA on this matter. City Attorney Brown stated the city only has obligations to this request if there are tax revenues for 21 years from September 1 after the certificate of occupancy is issued. He also noted that there is a provision in the development agreement that if at the end of 21 years the Foundation hasn’t been repaid this council suggests that the future council renew City of Harrisonburg Page 7 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 the agreement. Council Member Byrd asked if the city has complied 100% with the current MOU. City Attorney Brown replied, yes. Council Member Byrd stated with this new agreement they have agreed to reduce the current cap of the interest rate granted . Council Member Byrd stated even with the numbers presented by the developer paying the Foundation in 11 years, the Foundation wants the city to guarantee them 21 years. City Attorney Brown stated with the moral obligation the financing won’t count against the city’s debt. City Attorney Brown stated the Foundation voted on and approved the restated and second amendment to the MOU last week and it doesn’t change the financial liability of the city or the IDA. Council Member Byrd feels that now council is partnering with the developer instead of the Foundation which is an entity that the city knew and had received their audited financial statements. Council Member Shearer also feels that this isn ’t a minor change, there are significant implications, and council shouldn ’t vote before a public hearing is held. Council Member Byrd offered the following three suggestions: do nothing and continue operating under the current MOU, accept the changes as presented, or see if other changes can be made within the proposed MOU. Council Member Byrd noted staff originally recommended not going past 11 years for repayment. Council Member Degner clarified that the city has no liability in terms of paying anything back unless it collects taxes on the buildings that it would otherwise not get. City Attorney Brown stated that was correct. Council Member Shearer and Byrd noted that it is an incentive that we don’t provide for any other entity. Council Member Degner noted several things that the facility would be providing. Mayor Jones stated prior to him being on council he remembers the repayment was estimated at a maximum of 14 years. Vice-Mayor Baugh stated the repayment amounts have always been estimates and the 21 years just means if the debt hasn’t been repaid, then this body has to revisit it. City Attorney Brown noted that if the debt is repaid before the 21 years, this agreement is fulfilled. There was further discussion on why each member of council was for or against the project. City Attorney Brown noted the main disagreement of the original MOU was the length of repayment. Vice-Mayor Baugh noted that he is open to speak with anyone about other projects that might be at the interest of the city to support. City Manager Hodgen stated he and the city attorney approached this as the vote had already been taken, the city was asked to reconsider the MOU, and both felt they weren’t substantial amendments that significantly changed where the city was going to begin and end after the process is complete. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve the agenda item. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Jones, Vice-Mayor Baugh and Council Member Degner No: 2- Council Member Byrd and Council Member Shearer 7.i. Consider appointing Pam Ulmer, administrative specialist, as clerk pro tempore during the absence of the city clerk City of Harrisonburg Page 8 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 City Attorney Brown stated by appointing Pam Ulmer as the clerk pro tempore the clerk duties would resume during the absence of the city clerk. A motion was offered by Council Member Byrd, seconded by Council Member Shearer, to appoint Pam Ulmer as clerk pro tempore. The motion carried with a unanimous voice vote. 8. New Special Event Application Requests 8.a. Consider the special event application for the Explore More Discovery Museums Farm to City event on Saturday, June 25, 2016 Andrea Dono, executive director for Harrisonburg Downtown Renaissance (HDR), stated the event will be held from 9:30 a.m. until 5:00 p.m., they have notified surrounding property owners, there is a street closure on Newman Avenue from Main Street to Federal Street, and the insurance has been obtained. Ms. Dono noted there would be a combine coming in and out of downtown early in the morning and late in the evening using the truck route. A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that this Special Event Application be approved. The motion carried with a unanimous voice vote. Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 9. Reallocations 9.a. Consider a budget reallocation in the amount of $13,766.59 for the General Capital Projects fund City Manager Hodgen noted $13,766.59 remained from the Stone Spring Elementary School Safe Route to Schools project and the city had the option to return the remaining funds back to the state or transfer it to another state approved project. The amount noted will be used to complete the Carlton Street Roundabout project without any additional city funds. A motion was made by Council Member Byrd, seconded by Council Member Shearer, that this reallocation 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.b. Consider a budget reallocation in the amount of $200,000 for the School Fund Tracy Shaver, finance director for Harrisonburg City Public Schools, stated this procedure is normal for this time of year to reallocate funds available to where they are needed within the school’s fund. Mr. Shaver noted the transfer doesn’t require any additional city funds. Mr. Shaver stated this year city schools received $82,000 of e-rate funding, which isn’t built into the school’s budget. He stated $68,000 is for the replacement of three computer labs that were originally purchased with federal City of Harrisonburg Page 9 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 stimulus dollars back in 2008. Mr. Shaver also noted anti-virus software needed to be updated. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, that this reallocation 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.c. Consider a budget reallocation in the amount of $40,000 for the Public Transportation Department City Manager Hodgen stated at the end of the fiscal year funding needed to be reallocated within the Public Transportation fund. City Manager Hodgen noted the department added a new cost allocation plan that was implemented due to the Federal Transit Administration. A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that this reallocation 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 10. Other Matters City Attorney Brown noted that a motion and a second for Mr. Foerster’s resolution wasn’t obtained earlier in the meeting. Mayor Jones called for a motion and a second; the vote was recorded with the appropriate agenda item. 10.a. Consider appointing Mary-Hope Vass, public information officer, as the Freedom of Information Act (FOIA) officer for the city of Harrisonburg City Attorney Brown stated the General Assembly passed an amendment to the Freedom of Information Act (FOIA) during the past assembly and each locality is required to appoint a FOIA officer that is listed on the locality’s website and to oversee the FOIA process. He stated it is recommended to appoint Mary -Hope Vass our public information officer as the FOIA officer. A motion was offered by Council Member Shearer, seconded by Council Member Byrd, to appoint Mary-Hope Vass as the city's FOIA officer. The motion carried with a unanimous voice vote. Other Matters Continued Vice-Mayor Baugh asked if council would be interested in having a joint work session meeting with Planning Commission on the Comprehensive Plan. Council showed no objection and the city manager would communicate with the director of Community Development to set a date for that meeting. Council Member Degner asked if staff had any communication regarding a City of Harrisonburg Page 10 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 Community Criminal Justice Board meeting. City Manager Hodgen stated he had received an email about a potential August meeting. City Manager Hodgen stated an agenda is being created with reports back from items discussed and requested for during the last meeting. Mayor Jones noted he did make contact with Secretary Moran’s office. Mayor Jones stated the African American Festival will be held Saturday, June 18, 2016 beginning at noon at Ralph Sampson Park. 11. Boards and Commissions 11.a. Community Services Board A motion was made by Council Member Byrd, seconded by Council Member Shearer, to reappoint Judy Bland, 43 Fry Avenue, to a first term on the Community Services Board to expire June 30, 2019. The motion carried with a unanimous voice vote. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to appoint Abdelrahman Rabie, 1366 Sparrow Court, to a first term on the Community Services Board to expire June 30, 2019. The motion carried with a unanimous voice vote. 12. Closed Session At 9:14, a motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: Subsection A for discussion concerning an expansion of an existing business or industry where no previous announcement has been made. 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 13. Adjournment At 9:33 p.m., the closed session ended and the regular session reconvened. City Attorney Brown read the following statement, which was agreed to with a unanimous recorded vote of Council: I hereby certify that to the best of my knowledge (1) only public business matters lawfully exempted from open meeting requirements under Chapter 37 of Title 2.2 of the Code, of Virginia, 1950, as amended, and (2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting by the City Council. At 9:34 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 11 Printed on 7/13/2016 City Council Meeting Minutes - Final June 14, 2016 City of Harrisonburg Page 12 Printed on 7/13/2016

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Mayor Christopher B. Jones Vice-Mayor Richard Baugh Council Member Ted Byrd Council Member Kai Degner Council Member Abe Shearer Tuesday, June 14, 2016 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: May 24, 2016 Draft Meeting Minutes 5.b. Consider a request from Miguel Hernandez Aguirre and Maria Perez Rebollar to close 1,610 +/- square feet of an undeveloped public alley located perpendicular to and off of East Johnson Street, between 135 and 147 East Johnson Street Review & Council approved the first reading on October 13, 2015 and letters were sent to both Recommendation: property owners notifying them of a price for their portion of the alley. City Manager Hodgen received notice that payment would be received from Ms. Walker in April and to-date the City Manager's Office has only received money from the applicant. Letters to both property owners have been sent notifying them that the applicant's portion will be closed tonight and if money isn't received from Ms. Walker by October 13, 2016, the applicant will have the opportunity to purchase the remaining portion of the alley. Attachments: Extract Alley Closing between 33-C-4 & 5 Site Maps Staff Report Alley Closing Between 33-C-4 & 5 Application and Other Supporting Documents Surrounding Property Notification - Alley Closing Ordinance Legislative History 10/13/15 City Council approved City of Harrisonburg Page 1 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 5.c. Consider a supplemental appropriation in the amount of $18,245 for the Registrar’s office for reimbursements from James Madison University for campus precinct Review & It is requested that City Council consider approving a supplemental appropriation in the Recommendation: amount of $18,245 for costs reimbursed by James Madison University for the new campus precinct. Attachments: Memorandum Supplemental Appropriation Legislative History 4/26/16 City Council approved 5.d. Consider an amendment to Section 15-2-24 of the Harrisonburg City Code, Chicken Ordinance Review & A public hearing was held on proposed revisions to Section 15-2-24 Fowl, Chickens Recommendation: and other Domestic Birds (commonly referred to as the Chicken Ordinance), additional revisions were requested by council, which are now included in the amended and re-enacted Ordinance. Attachments: Memorandum Current ordinance with recommended revisions Public Hearing Notice Legislative History 5/24/16 City Council amended 5/24/16 City Council amended and approved on first reading 5.e. Consider an amendment to Section 7-4-1 of the Harrisonburg City Code increasing water rates Review & The Director of Public Utilities is requesting to amend ordinance 7-4-1 to increase water Recommendation: rates charged by the city by $.15 cents per one thousand (1,000) gallons on all customers. This is an amendment to raise water rates as set forth in the proposed FY16-17 budget. Attachments: Memorandum Current Ordinance reflecting proposed changes Public Hearing Legislative History 5/24/16 City Council approved on first reading 5.f. Consider a supplemental appropriation in the amount of $39,710,416.60 for the General and School Capital Project Funds Review & It is requested that City Council consider approving a supplemental appropriation for the Recommendation: bonds that were sold on April 26, 2016. Attachments: Memorandum Supplemental Appropriation Public Hearing Notice Legislative History 5/24/16 City Council approved on first reading City of Harrisonburg Page 2 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 6. Regular Items 6.a. Consider a public utilities request from Randy Cosner of Cosner Construction, Inc . per Section 7-2-4 of the City Code, to extend city water and sewer services for a new development within Rockingham County Review & Planning Commission recommended approval (5-0) of the request to extend water and Recommendation: sewer services for a residential townhouse development into Rockingham County. The parcel is identified as County tax map parcel 109(A)-1-L45 and located within the 300 block of Vine Street, Harrisonburg. Attachments: Memorandum Extract PUA 300 Block Vine Street Site Maps Public Utilities Application Proposed site development layout 6.b. Update on the changes to the Virginia Employment Commission Review & The Shenandoah Valley Workforce Development Board (SVWDB) notified both the city Recommendation: and the county that the Virginia Employment Commission (VEC) will be co-locating its operations with the Valley Workforce Center located at 160 North Mason Street beginning August 1, 2016. The new location will include services for the VEC, the Virginia Department for Aging and Rehabilitative Services, Massanutten Technical Center, Senior Community Service Employment program, Telamon Corporation, WIOA programs, and Rapid Response. The details regarding a memorandum of understanding and cost allocation agreement for the new location are being discussed with the Harrisonburg Rockingham Redevelopment and Housing Authority. Sharon Johnson, chief executive officer, with the SVWDB will provide an update and will address any questions that council may have. Attachments: Press Release 6.c. Presentation on the K9s For Warriors event that will be held in Harrisonburg on Saturday, July 23, 2016 Review & The Harrisonburg Police Department/SWAT Team and K9s For Warriors is teaming up Recommendation: to raise money for Veterans struggling with PTSD. Our big fundraising event is Saturday, July 23rd at Harper/Presgrass Training Grounds (1010 Greedale Road), Harrisonburg, Virginia. It will be an adventure race, with courses for all levels, that includes a music concert, kids events, knockerball, food trucks, and much more. No alcoholic beverages are allowed; Veterans and Military personnel must pay the entry fee to do the races, but can get in free to the concert. There will also be free food for the Veterans and Active Duty Military. All proceeds go to K9s For Warriors. Attachments: K9 For Warriors Overview K9 Event Flyer Jim Kuiken, Guest Speaker Reason Why We Are Doing This K9 For Warriors Graduate 6.d. Consider a request to advertise delinquent Real Estate taxes for the years 2013-2014 & 2014-2015 City of Harrisonburg Page 3 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 Review & As stipulated in City code section 4-1-29, the treasurer requests permission from Recommendation: council to advertise unpaid real estate taxes for years 2013-2014 & 2014-2015. Attachments: Memorandum Letter to advertise delinquent RE taxes RE Tax List 2013-2014 6.e. Consider a request of the removal of delinquent taxes from current collections accounts Review & As stipulated in City Code section 4-1-36 and the Code of Virginia 58.1-3940, which Recommendation: stipulates the duration of time taxes can be collected, the treasurer requests from council that 1995-1996 real estate taxes, and 2010 personal property taxes be removed from current collection accounts. Attachments: Memorandum Letter to write off delinquent taxes Delinquent RE Tax 1995 Delinquent PP Tax 2010 6.f. Consider the approval of Business, Professional and Occupational License (BPOL) refunds for 2016 Review & Approval of business, professional, and occupational license refunds for 2016. Recommendation: Attachments: Memorandum Certificate 6.g. Consider expansion of Harrisonburg Arts & Cultural District Boundaries Review & Harrisonburg is home to the first Arts & Cultural District in Virginia. Created by City Recommendation: Council in 1994, this district is a sense of pride for the area's arts community. In consultation with Arts Council of the Valley staff, several existing arts venues located on the fringes of the district were identified. The Spitzer Art Center and the Lucy F. Simms Continuing Education Center are two venues that would be added to the District under this proposal. In addition, an existing facility on West Washington Street is an ideal candidate to be added to the district. The attached map shows the existing boundaries in blue and the proposed expansion areas in red. Attachments: Arts & Cultural Map Current Ordinance 6.h. Consider a Restated and Second Amendment to the Memorandum of Understanding for the development, ownership, and financing of a hotel and conference center City of Harrisonburg Page 4 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 Review & Over the last months representatives of the parties to the MOU negotiated the attached Recommendation: Restated and Second Amendment to Memorandum of Understanding (the Restated MOU). The most significant change to the structure of the transaction is how the financing funds for the conference center will move from the Foundation to the developer. This change is set out in paragraph 4 of the Restated MOU. The IDA will enter into a Development Agreement with the Foundation by which the Foundation will pay the $10,974,895 to the IDA (in draws) in exchange for a nonrecourse note from the IDA to the Foundation in that amount. The note will be payable only from Project Tax Receipts and will not be a debt of the city of Harrisonburg or IDA. The IDA will also enter into a Development Agreement with the developer and make economic development grants of the funds received from the Foundation to the developer . Repayment to the Foundation of the conference center financing funds will remain as previously approved by council. The Restated MOU also reflects a few other changes as the original transaction structure has evolved. First, the conference center will now be owned by the developer . Previously, the Foundation was going to own the conference center and lease it to the developer. Second, JMU will now lease the real property occupied by the conference center to the developer. Previously, JMU was going to lease that property to the Foundation and the Foundation would sublease to the developer. Third, the cost of the conference center is held at $10,974,895. Finally, the interest rate set out in the Support Agreement signed by the city is reduced to a floor of 2% and a cap of 5%. Previously, it was 4% and 8%. The only document to be approved by Council is the Restated MOU. Attachments: Memorandum Restated and Second Amendment to MOU Development Agreement - IDA JMUF and City Hotel Madison - IDA Development and Grant Agreement (Conference Center) SV Conference Center Note Memorandum of Understanding October 2014 Resolution - IDA Resolution - ED Amendment to MOU October 2015 6.i. Consider appointing Pam Ulmer, administrative specialist, as clerk pro tempore during the absence of the city clerk Review & Currently, neither the Harrisonburg City Code not the city's classification list include Recommendation: provisions for a deputy clerk. Therefore, in order to maintain operations during the clerk's absence, a clerk pro tempore should be appointed. 7. New Special Event Application Requests 7.a. Consider the special event application for the Explore More Discovery Museums Farm to City event on Saturday, June 25, 2016 Review & Explore More will be hosting a Farm to City event on Newman Avenue and parking lot . Recommendation: The event will be 9:30 a.m. until 5:00 p.m. and will include children's activities, farm animals, and large farm equipment. City of Harrisonburg Page 5 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 Attachments: Application Map Memorandum Outlined Map 8. Reallocations 8.a. Consider a budget reallocation in the amount of $13,766.59 for the General Capital Projects fund Review & Remaining budgeted funds in the amount of $13,766.59 will be reallocated from the Recommendation: Stone Spring Elementary School Safe Route to Schools project to the Carlton Street improvements project where they are needed for project closeout and completion. Attachments: Memorandum Budget Reallocation 8.b. Consider a budget reallocation in the amount of $200,000 for the School Fund Review & A budget reallocation is requested within the school's operating budget totaling Recommendation: $200,000. This reallocation is a normal procedure for this time of year to make funds available where they are needed within the School Fund. No additional city dollars are required for the school division. Attachments: Memorandum Budget Reallocation 8.c. Consider a budget reallocation in the amount of $40,000 for the Public Transportation Department Review & A budget reallocation is requested for the Public Transportation Department. This Recommendation: reallocation will transfer $40,000 in budgeted funds from the Public Transportation Fund to the Central Garage Fund. Attachments: Memorandum Budget Reallocation 9. Other Matters 10. Boards and Commissions 10.a. Community Services Board Review & Ellen Harrison, Community Services Board executive director, contacted the city clerk Recommendation: notifying her that Daphyne Thomas is no longer eligible to serve on the board once her term expires on June 30, 2016. Judy Bland 's unexpired first term is due to expire June 30, 2016, and she is interested in serving again. Ms. Bland has been a committed and engaged board member. John Minnis and Abdelrahman Rabie are family members. The board looks to the wisdom of council for the selection of a new board member. The newly appointed members will be appointed to a three year term to expire on June 30, 2019. City of Harrisonburg Page 6 Printed on 6/10/2016 City Council Meeting Agenda - Final-revised June 14, 2016 Attachments: Judy Bland - Reappointment Application Aaron Boggs Joshua Humphries John Minnis Abdelrahman Rabie 11. Closed Session 11.a. 2.2-3711(A)(1)(5) Discussion concerning an expansion of an existing business or industry where no previous announcement has been made of the business or industry’s interest in expanding its facilities in the city 12. Adjournment City of Harrisonburg Page 7 Printed on 6/10/2016

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