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City Council

Regular Meeting

Harrisonburg, VA · October 22, 2019

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, October 22, 2019 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Sal Romero, Council Member Richard Baugh, Council Member Christopher B. Jones and Council Member George Hirschmann Also Present: 4- Deputy City Manager Ande Banks, City Clerk Pam Ulmer, City Attorney Chris Brown and Police Chief Eric English 2. Invocation Vice Mayor Romero offered the invocation 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Special Recognition 4.a. Proclamation recognizing October 23, 2019 as Paralegals’ Day Mayor Reed presented a proclamation recognizing Paralegals' Day on October 23, 2019. Council Member Baugh recognized two individuals from the Shenandoah Valley Paralegal Association that were present. 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 Baugh, seconded by Council Member Jones, that this be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 5.a. Minutes of the October 8, 2019 City Council meeting These minutes were approved on the consent agenda 5.b. Consider a request from Ashok Kunver to rezone 709 and 711 Foley Road. This rezoning request was approved on the consent agenda City of Harrisonburg Page 1 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 6. Public Hearings 7. Regular Items 7.a. Update from the Arts Council of the Valley and the Court Square Theater Jenny Burden, executive director for the Arts Council of the Valley, thanked council for their support over the years and the presentation will show why it is important for the city to continue supporting the arts into the future. She stated one year ago the Arts Council of the Valley underwent strategic planning and walked away with a three -year plan and implemented immediately. She stated the new mission is Cultivating the Arts Connecting Communities. She stated the first core program is the Smith House Galleries, which is where they champion the work of emerging and established artists in 11 exhibitions each year. She stated by the end of this current year the Arts Council will have shown the work of 188 artists. She reviewed one event held in April called Two Artists and a Poet, which featured Henry Hart, Virginia Poet Laureate. She stated these exhibitions are making an impact in downtown Harrisonburg with over 3,379 visitors coming through the gallery in 2019. She stated the second core program is First Fridays Downtown, in which 35 venues participated in this community event that drew attendees to restaurants and shops downtown. She stated the third core program is Any Given Child Shenandoah Valley, which two years came under the Arts Council of the Valley’s umbrella. She stated J.R. Snow really deserves the credit for bringing this program to the community in 2014 and he continues to serve as the manager of the program. She stated the program expanded to serve Rockingham County students to align with the mission of the Arts Council. She stated this program works to provide two live arts experiences every year for every child between the ages of Kindergarten to eighth grade, connecting students to artists and creating memorable artistic experience. She stated these experiences take place during the school day to ensure access and equity for all of them and reached over 6,500 students this school year. She stated in addition, for the past five years, Harrisonburg elementary schools have sent 15 teachers to the Kennedy Center Summer Arts Integration Workshop. She stated the fourth core program is Advancing the Arts Grants. She stated the Arts Council of the Valley was formed in 2000 to help revitalize downtown, operate Court Square Theater, and to be the arts granting agent for the city. She stated to date the Arts Council has awarded more than $350,000 to artists and art educators, and since the fall of 2016 they were able to offer two grant cycles per year to better serve their City of Harrisonburg Page 2 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 constituents and since then the Arts Council has awarded $41,499 to 47 grantees. Mark Finks, manager of the Court Square Theater, stated the fifth core program is the Court Square Theater. He thanked council for the past support shown to the theater . He stated in 2018 Court Square Theater was open nearly every day and had over 20,000 attendees for various events, plays, concerts and movies. He stated in the past year the theater was made available as a rental to a variety of local organizations such as JMU, the Shenandoah Valley Black Heritage Project, Harrisonburg City Schools, Rise Faith Church, Rockingham Ballet, Harrisonburg Downtown Renaissance and so many others. He stated they have helped put on community events such as the SuperG8 Film Festival, Women in Focus, the 24-Hour Project, the Hispanic Film Festival and the Harrisonburg First Night. He stated in 2019 they are continuing the successful partnership with the Valley Playhouse, the music and film series continues to bring residents from all over the valley to downtown, and through a capital campaign based primarily on donations from their patrons they were able to replace all of the seating in the theater. He stated they plan to continue to bring quality affordable arts and entertainment to the residents of the area. Ms. Burden stated the Arts Council is interested in public art and have made progress on the Language of Love sculpture that has been a collaboration between the Arts Council, Harrisonburg Public Schools and HDR. She stated they finally have a design they love and shared the design with Council. She read a statement from the artist Jeff Guinn, of which a copy was provided to the City Clerk. She stated 2020 will be the Arts Council of the Valley’s 20th Anniversary, and they will be celebrating all year long, however, the first weekend in October will be especially celebratory. She stated that weekend in collaboration with the Virginia Quilt Museum, who will be celebrating their 25th anniversary, Oasis, H/R Tourism, Larkin Arts, and several other nonprofits and businesses downtown will host a Celebration of Local Arts. She stated among many other community activities will be the communal installation of the Language of Love sculpture. She invited Council to attend a town hall meeting on the arts hosted by the Virginia Commission for the Arts (VCA) on Wednesday, October 30, 2019 from 1pm to 3pm at the JMU Ice House. She stated the VCA is gathering information for a strategic plan that will guide the agency from 2021 to 2024 and as part of the process they want to hear from stakeholders across the Commonwealth. She stated the Arts Council of the Valley board and staff are 100% committed to cultivating the arts and connecting community and thanked Council for their continued support. Council Member Jones thanked Ms. Burden for the update and for all they do. He stated he appreciates organizations that are supported through the community contributions provide updates. This Presentation was received and filed. 7.b. Consider the approval of a resolution authorizing the Harrisonburg Redevelopment and Housing Authority to issue up to $15,000,000 in bonds for the acquisition and City of Harrisonburg Page 3 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 rehabilitation of Newbridge Village Apartments located in the County of Henrico, Virginia Chris Jones, city attorney, stated he is presenting a resolution on behalf of the Harrisonburg Redevelopment and Housing Authority (HRHA), for approval of the issuance of a bond. He stated one of things HRHA does is to issue bonds for different housing related projects around the state, our authority does not borrow the money, they are simply the bond issuer and have no liability for those bonds. He stated under State law they must obtain City Council’s approval to do this. He stated the bond, up to $15M, for the acquisition and rehabilitation of New Bridge Village Apartments located in Henrico County. He stated what this does for our local authority is generate annual fees that can be used for various projects locally. Mayor Reed asked what the funds from the fees would be used for. Michael Wong, executive director of HRHA, stated the funds will be placed into the local community development fund to be used for community activities, grant matches, etc. He stated for this bond approximately $40,000 in funds will be provided by the bond fees. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request with all conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.c. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC to rezone two parcels at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. Adam Fletcher, director of Planning and Community Development, reviewed the request for a rezoning and three special use permits for two parcels located at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road, which was presented during the October 8, 2019 City Council Meeting and tabled at that time. He reviewed the subject site, the long-term planning for the area, the surrounding properties, the allowed units per acre in those surrounding properties and their zoning districts. He stated at the last meeting there was concern about a drainage pipe running through the site which is actually a sanitary sewer line, and it would have to be relocated by the developer to accommodate requirements. He reviewed the recognized flood plain in the area provided by FEMA, the by-right uses of R-3 and a conceptual layout of the property and noted the proposed building use would be 10,800 square feet of commercial/professional space, five 1-bedroom units, five 2-bedroom units and 90 four-bedroom units for a total of 375 bedrooms. He reviewed the proffers submitted: · Shall not contain more than 378 bedrooms; · Shall contain residential and non-residential uses; City of Harrisonburg Page 4 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 · A minimum of 8,000 square feet of space for uses permitted by Section 10-3- 55.4(4) shall be contained on the site and limited to the first ground floor of the building(s); · No Parking lot shall be located between Reservoir Street and the closet building to Reservoir Street. · There shall be a 100-foot building setback from the shared property line of Woodland Subdivision; · There shall be an opaque fence at least four feet in height between development areas of the site and the Woodland Subdivision; and · The existing vegetation (trees & shrubbery) on the western end of the property bounded by the edge of the current HEC easement, current Harrisonburg sewer easement, and the southern property shared with TM# 84-(A)-9, 10, and 11 shall be undisturbed to provide a vegetated buffer, or an evergreen vegetative buffer shall be created within this area, where such evergreens shall be planted at no less than 5 feet on center and 6 feet in height at the time of planting to fill in and reestablish a vegetative buffer within the bounded area. He stated there was one correction in the staff report in regard to Section 10-3-55.6(e) which lists the conditions that need to be met. He stated staff stated there are steep slopes on the property greater than 15% slope, reviewed those and noted but still believes the site could be developed. He noted that in the existing R -3 zoning, they would, by right, be able to regrade the site. He stated the property would be regraded to make way for the proposed development and staff ’s position did not change. He stated staff is recommending a condition be attached to the SUP per Section 10-3-55.4(4) to include: Standalone, non-residential buildings are prohibited. He stated Planning Commission’s recommendations are as follows: · Rezoning Request: 6-0 to deny; · SUP to allow more than 12 Units: 6-0 to deny; · SUP to allow more than 4 stories/52 feet in height: 6-0 to deny; and · SUP to allow the permitted non-residential uses listed: 6-0 to approve. Council Member Jones stated he finds it disturbing that words such as “outsiders”, “people that don't live here” etc. are used by many in the city. He stated we wouldn't have what we have if it wasn't for individuals choosing to relocate here. He stated the Planning Commission sent a confusing message when approving the Comprehensive Plan yet denying this request as city staff’s recommendation of approval is consistent with the Comprehensive Plan and the discussions handled with the residents from around the city during that process. He stated the Planning Commission talking about our residents that attend JMU, EMU, Bridgewater, BRCC, in an objectifying and belittling way is unacceptable to him. He stated college City of Harrisonburg Page 5 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 students are residents of Harrisonburg and have the same rights and freedoms as any other resident. He stated families and single-family home owners are no better or no more important than a single person who lives in an apartment. He stated as individuals we are always moving up and down in a continuum of life, but one should be treated equally. He stated EMU and JMU strengthens our economy, along with the tourism dollars they bring. He stated Reservoir Street, Market Street, High Street and Port Republic are the busiest streets in the city and home buyers know that when making a purchase and are aware of the amenities surrounding them. He stated with streets such as these you will find various uses. He stated he believes it is in our best interest to have this development instead of a glut of townhomes which are by -right subject to a variance approval. He stated many have threatened to move, which he would hate to see, but the properties won't stay on the market long, those houses are on high demand. He stated at the end of the day we must always encourage and promote good sound economic development, the city has always been at a lack of retail, and a building like this will bring retail, walkability, and bike -ability. He stated if this was in the middle of a pure residential area he would be thinking differently, but it’s on one of the busiest streets in the city and it makes sense. Council Member Hirschmann stated he is familiar with the area, has talked to those that live in Woodland, it is a great niche they have carved out. He stated he has walked Foley Street, and there are many families with children. He stated as time goes on student housing was built removing many views, and this proposed project would be placed in an established neighborhood. He stated there are student housing units across the street that flows almost out to the hospital and beyond, but on this side of Reservoir Street is still family housing, still a residential neighborhood. He stated he reviewed the recording of the last meeting, and there was quite a turnout of those against the development. He stated it is a shame when people have a neighborhood and then it gets disrupted by projects such as this. He stated finding out that the expected student population has decreased over the last few years and expected to decrease over the next five or six years reflects more student housing is not needed. He stated he reviewed the petition and it shows a commitment and concern from the neighborhood. The people have the right to enjoy their neighborhood and investments. Vice Mayor Romero stated he has had the opportunity to listen to the Planning Commission and the City Council’s side, he has obtained all the information he needed to make an objective decision. He stated affordable housing is a need in the city, he has yet to determine if we have a tool that shows the need of student housing and many people say there is a need for affordable housing. He stated we are so limited on the inventory in the city, such as land to create opportunities for first time home buyers, this would be a great piece of land to look at and see if anyone is interested in developing an R-8 zoning project. He stated we have a big issue of affordable housing, and this body has not addressed that, he is concerned and would be very much in favor of looking at how we better utilize the very limited land we have in the city so that we meet the needs of so many of the residents that don ’t have a City of Harrisonburg Page 6 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 place to live and raise their families. Council Member Baugh stated he recently spoke to someone that has a lot of involvement in local government planning that knew R-3 zoned property seems to be the hottest topic. He stated an email he received today that asked if Harrisonburg ’s goal to remove what little land is left and give it over to more college apartments and housing. He stated this suggests regular people think this way, but unless we buy it and own it every piece of privately-owned land in the city has some sort of zoning and uses on it that can be permitted without having to come to council for permission. He stated council is not in the business to determine privately owned property uses when by-right allowed. He totally gets the if he lived next to a 6 ½ acre park for years I would want it to stay, I get that. He stated we have undeveloped R-3 property that is already in the land use guide as mixed use and is near student housing. He stated townhouses could be built by-right, who is to say students won’t move into those. He reviewed the R-3 zoning district history. He stated the issues with flooding and traffic would be no different if townhouse were there instead of the project requested. He stated we are not in the business of telling people who they can rent to. He is confused with the Planning Commission recommendation, it has been noted that we don’t want anymore townhouses in the city, and we need to look into the future with the mixed use to allow for flexibility of how the property is used. He reviewed the minutes from the recent Planning Commission meeting and if student housing is such an issue then we need to more or less consider declaring a moratorium as our new Comprehensive Plan does not say that. He stated if Planning Commission feels this strongly and needs to be a guiding principle then a Comprehensive Plan revision is in order because that is where it needs to show up. He stated the choice that Council is faced with is not the vacant lot it is what is almost certainly going to go there if we don’t do anything versus what is proposed. He stated this project may actually help with affordable housing issues, even though the new units would be priced out the older units become available. He feels the history has been that the driver of new housing is targeted to the highest end of the student market. He stated to state that this is not appropriate development for a mixed-use area, when it is across the street from existing housing and nothing is in the Comprehensive Plan saying that we shouldn’t be going along with it, it should be approved. Mayor Reed stated she agreed with Council Members Jones and Baugh, everyone is protective of their neighborhoods, but we don't dictate who can live where. She stated the Comprehensive Plan is supposed to be our guide and if student housing is an issue it should be in there, developers go by the plan and work with staff accordingly. She stated we need to be respectful of our students, they are half of our population and we need to learn to live together. Vice Mayor Romero stated we have some control of how we want the city to grow and we should be much more intentional. He stated if you look at old student housing you will see a lot of people that look like him, or immigrated from another country, or people of color, which has created segregation in the city and that is something that City of Harrisonburg Page 7 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 he wants Council to address more intentionally. He stated if more student housing opens and we have more opportunity to go there then we are creating segregation, of which he has a big concern in that regard. He stated the quality of life those individuals have in those units is not what he would like our residents to experience on a daily basis. Council Member Jones stated whether a person has a voucher, a subsidy from HRHA, or makes a million dollars a person can only live where they can afford. He stated people build what they can make profit from as we live in a capitalistic society . He stated he takes issue with the word segregation as it means deliberate moving and separating people by protective classes. He stated what Vice Mayor Romero is failing to describe is basic economics, which is supply and demand. He stated those individuals that have more resources are going towards a newer, shinier things, and college students now drive $50,000 cars, they live a completely different lifestyle and live where they want to live. We also live in a society where a lot of people have a lot less, and we need to figure out ways as a community to help those that have less, but he does not believe that we are to blame or at fault for creating this effect. He stated we need to be careful with language though, because no one is illegally segregating . He stated the city owns land, we have ordinances that we could build upon if we wanted to, but right now we are building schools, we need tax dollars to help build schools, you can’t have it all, and if a plan for affordable housing is something that we as a body want to see when we did our priorities we can work on that. Council Member Hirschmann stated he thinks we are missing the point, it appears to him that the opposition is essentially that this type of development doesn ’t fit into the neighborhood. He thinks if townhouses were built it would suit the neighborhood better. He stated this may also give an opportunity to sneak some affordable housing in there too. He stated whether it is 300 students or 300 people, the proposed development is atypical of the neighborhood. He stated something should be built there but something that is more realistic that continues with the atmosphere of the neighborhood. Council Member Baugh stated we have a fairly recent Comprehensive Plan from Planning Commission that has a consistent theme throughout regarding mixed -use and this body approved it. Further discussion took place regarding the Planning Commission, the Comprehensive Plan, and mixed-use. Vice Mayor Romero stated unintended consequences is where he was heading with the comment he made previously. He stated he didn’t say we were sending people in a direction intentionally; his intent was to say that there are a lot of unintended consequences that we create when we go in this direction. A motion was made by Council Member Jones, seconded by Council Member Baugh, to approve the rezoning request with all conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Reed, Council Member Baugh and Council Member Jones City of Harrisonburg Page 8 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 No: 2- Vice-Mayor Romero and Council Member Hirschmann 7.d. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow multi-family dwellings of more than twelve units per building at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. see item 7c A motion was made by Council Member Jones, seconded by Council Member Baugh, to approve the special use request with all conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Reed, Council Member Baugh and Council Member Jones No: 2- Vice-Mayor Romero and Council Member Hirschmann 7.e. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow multi-family buildings greater than four stories and/or fifty-two feet in height at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. see item 7c A motion was made by Council Member Jones, seconded by Council Member Baugh, to approve the special use permit request with all conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Reed, Council Member Baugh and Council Member Jones No: 2- Vice-Mayor Romero and Council Member Hirschmann 7.f. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow retail stores, convenience shops, personal service establishments, and business and professional offices at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. see item 7c A motion was made by Council Member Jones, seconded by Council Member Baugh, to approve the special use permit request with all conditions as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Reed, Council Member Baugh and Council Member Jones No: 2- Vice-Mayor Romero and Council Member Hirschmann 7.g. Consider adopting the updates to the Public Access Permit Program Chris Brown, city attorney, stated at the second meeting in September 2019 Mr. Hartman, director of Public Works, presented a new Public Access Permit Guideline, which governs everything when a third entity wants to do something in the city ’s right City of Harrisonburg Page 9 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 of way. He stated after the meeting he looked at the agenda item and thought it would be best if Council approved those guidelines by adopting a resolution for historical record keeping. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to adopt the resolution as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.h. Consider approving an ordinance amendment and re-enactment of Chapter 6 Auxiliary Police Force Article B Section 5-6-4, and Article C Sections 5-6-5, 5-6-7, 5-6-8, 5-6-12 and 5-6-13 of the Code of Ordinances, City of Harrisonburg, Virginia Chris Brown, city attorney, stated Sgt. Howard and Officer Sellers with the Harrisonburg Police Department (HPD) are present for any questions. He stated these officers did all the heavy lifting in reference to this ordinance amendment, including preparing the amendments and providing applicable current state law references. He stated consistent with state law. He stated overall, for many years, the HPD has had an Auxiliary Police Force that is authorized by our ordinance, and after review by Chief English and other officers they suggested changes to be consistent with the current state law. He reviewed the amendments recommended . Sgt. Howard stated this represents the proposed changes that were reviewed, and this is to get where we were in updating when the General Assembly met along with changes in the wording of the Code. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the ordinance amendment and re-enactment as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.i. Consider approving a refund of real estate taxes. Chris Brown, city attorney presented on behalf of the Commissioner of Revenue a request for refund of real estate taxes paid. He stated a taxpayer brought in income expense information regarding a business property and a formal appraisal that had been secured, which was reviewed by the Commissioner of the Revenue and the assessor. He stated they agreed with the appraisal and according to state law you can go back from the current year three years which is reflected in this refund request. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: City of Harrisonburg Page 10 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 Yes: 5- Mayor Reed, Vice-Mayor Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 8. Other Matters 8.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Anton Blann, stated he is purposely homeless, not because of drugs, mental disorder or mistakes he has made in his life. He stated he gave his life to Jesus Christ and has been bringing changes everywhere he has been across America. He stated in his observance of the city he has witnessed a lot and has seen a lot of changes the city has not even recognized. He stated in his time here he has been working in a neighborhood full of drugs, homelessness and has worked with churches, he has helped people who were struggling with severe problems and have now been able to have will to make changes. He stated there are many who used to be high 24/7 but now working and the churches are now beginning to help people not just on Sunday . He stated he has been listening to Council and he loves what he hears but at the same time it seems the poor community has no development. He stated he thinks what would be best for the city is to teach people to grow together and not judge. He stated when people are divided some think they are better than another. He stated he has notice much more love in places he has been, and maturity is starting to grow . He stated at one point he went to OCP to find out who was recovering and who wasn ’t but again, every time something great and new happens, people in the city keep stopping it from being a full development. He stated he has a new goal now, a shelter/recovery/work/counseling center that wouldn’t cost much. He has had people with Strength in Peers working with him and together they have been able to identify people and by their own will they made choices and changes. He is asking the Council to have hope for the lowest part of the community to rise into the work field and housing and begin to help in this type of development. He stated he is here to fix others, to help them believe in themselves, free themselves from drugs, and hopes to use the Council and city staff as resources. 8.b. City Council and Staff Vice Mayor Romero stated on October 29, 2019 at 2:00 pm, Planning Commission will be holding a work session to look at special use permits in City Hall. Council Member Jones stated he sent Chief English and Sherriff Hutcheson a note regarding complaints from individuals, patrons, visitors, and employees of downtown court square about being harassed by individuals along the corridor between Court Square and Water Street. He stated he feels it should be a joint shared opportunity to patrol the area to make sure people feel comfortable. Council Member Hirschmann stated he distributed information from the Central Shenandoah Planning District Commission (CSPDC) regarding statistics of the city City of Harrisonburg Page 11 Printed on 11/13/2019 City Council Meeting Minutes - Final October 22, 2019 ranging from population, income, education, employment etc. to all Council Members . He stated he and Council Member Baugh will be out exploring the wetlands and exploring the impact of the pollution that hits the Chesapeake. Council Member Baugh stated after the recent Virginia Municipal League (VML) conference there was discussion regarding drainage improvement programs, this trip will take it to the next level and expose what happens downstream. Ande Banks, deputy city manager, stated the due dates for the Public Utilities bills will change effective November 1, 2019, but to clarify, there are no rate changes. He stated more information can be found on the City’s website. He stated an update that the Middle River Regional Jail (MRRJ) will be holding a conference call with a consultant on November 19, 2019 in regard to the potential need for expansion and council will be updated with further information as soon as it is received. Chris Brown, city attorney, stated there has been a rash of tax refunds being brought forward to Council for approval and although Council does not have much discretion on these requests, but it is required per state law. He stated after further research of the State Law they found a section that seems to give authority to present to Council an ordinance to consider that would alleviate Councils approval for anything below a certain amount. He stated if council is interested in this ordinance he will draft for Council’s review. Council Member Baugh stated we would be willing to consider this. Mayor Reed stated a volunteer tree planting will take place October 23, 2019 from 4 to 7 at Westover Park, contact our Parks and Recreation Department if you are interested in helping out; on Thursday, October 24, 2019 is Lights on After School which is a national celebration of after school programs. She stated she will be having a Mayor’s Round Table discussion with the Deputy Secretary of Education, Holly Coy from 11:00 - 12:30; Election Day is Tuesday, November 5. Please get out and vote; The Veterans Day Parade will take place Sunday, November 10, at 2 p.m. in Downtown. Find more information at the Harrisonburg Downtown Renaissance website; and leaf collection will begin in the city on November 18. Visit our website for more information. 14. Adjournment At 8:50 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 12 Printed on 11/13/2019

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Tuesday, October 22, 2019 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition 4.a. Proclamation recognizing October 23, 2019 as Paralegals’ Day Attachments: Proclamation 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 of the October 8, 2019 City Council meeting Attachments: Minutes 5.b. Consider a request from Ashok Kunver to rezone 709 and 711 Foley Road. Attachments: Memorandum Extract Site maps Application, applicant letter, and supporting documents Public Hearing Notice.docx Surrounding property notices.pdf PowerPoint presentation 6. Public Hearings 7. Regular Items 7.a. Update from the Arts Council of the Valley and the Court Square Theater Attachments: PowerPoint presentation Remarks City of Harrisonburg Page 1 Printed on 10/22/2019 City Council Meeting Agenda - Final-revised October 22, 2019 7.b. Consider the approval of a resolution authorizing the Harrisonburg Redevelopment and Housing Authority to issue up to $15,000,000 in bonds for the acquisition and rehabilitation of Newbridge Village Apartments located in the County of Henrico, Virginia Attachments: Memorandum Resolution Fiscal Impact Statement Board of Supervisors Henrico County Fiscal Impact Statement HRHA HRHA Inducement Resolution 7.c. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC to rezone two parcels at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. Attachments: CORRECTED Memorandum Approximate Elevation Profile of the Subject Site Subject Site Showing 2-foot Contours and Steep Slopes.pdf 2nd PowerPoint Memorandum Residents letters Extract Site maps Application, applicant letter, and supporting documents Public Comment received as of September 17, 2019 (26 pages) Public Hearing Notice.docx Surrounding property notices.pdf Original PowerPoint presentation Petition City of Harrisonburg Page 2 Printed on 10/22/2019 City Council Meeting Agenda - Final-revised October 22, 2019 7.d. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow multi-family dwellings of more than twelve units per building at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. Attachments: CORRECTED Memorandum Approximate Elevation Profile of the Subject Site Subject Site Showing 2-foot Contours and Steep Slopes Memorandum Extract Site maps Application, applicant letter, and supporting documents Public Comment received as of September 17, 2019 (26 pages) Public Hearing Notice.docx Surrounding property notices.pdf 7.e. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow multi-family buildings greater than four stories and/or fifty-two feet in height at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. Attachments: CORRECTED Memorandum Subject Site Showing 2-foot Contours and Steep Slopes.pdf Approximate Elevation Profile of the Subject Site.pdf Memorandum Extract Site maps Application, applicant letter, and supporting documents Public Comment received as of September 17, 2019 (26 pages) Public Hearing Notice.docx Surrounding property notices.pdf City of Harrisonburg Page 3 Printed on 10/22/2019 City Council Meeting Agenda - Final-revised October 22, 2019 7.f. Consider a request from Kathy Hite with representatives Madison Lucy Realty, LLC for a special use permit for two parcels to allow retail stores, convenience shops, personal service establishments, and business and professional offices at 2150, 2152, 2156, and 2158 Reservoir Street and 717 Foley Road. Attachments: CORRECTED Memorandum Subject Site Showing 2-foot Contours and Steep Slopes.pdf Approximate Elevation Profile of the Subject Site.pdf Memorandum Extract Site maps Application, applicant letter, and supporting documents Public Comment received as of September 17, 2019 (26 pages) Public Hearing Notice.docx Surrounding property notices.pdf 7.g. Consider adopting the updates to the Public Access Permit Program Attachments: Memorandum Resolution 2019 PAP Complete Documents 7.h. Consider approving an ordinance amendment and re-enactment of Chapter 6 Auxiliary Police Force Article B Section 5-6-4, and Article C Sections 5-6-5, 5-6-7, 5-6-8, 5-6-12 and 5-6-13 of the Code of Ordinances, City of Harrisonburg, Virginia Attachments: Memorandum ACurrent ordinance reflecting recommended amendments 7.i. Consider approving a refund of real estate taxes. Attachments: Memorandum Certificate Letter 8. Other Matters 8.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 8.b. City Council and Staff 13. Closed Session 14. Adjournment 15 NOTE TO THE PUBLIC: City of Harrisonburg Page 4 Printed on 10/22/2019 City Council Meeting Agenda - Final-revised October 22, 2019 Language interpretation service in Spanish is available for City Council meetings. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least four (4) calendar days in advance of the meeting by contacting the City Clerk at (540) 432-7701 or by submitting a request online at: www.harrisonburgva.gov/interpreter-request-form El servicio de intérpretes inglés-español está disponible para las reuniones públicas del consejo municipal. Para asegurar la disponibilidad de intérpretes, cualquier interesado deberá solicitar la presencia de un intérprete al menos cuatro (4) días calendarios antes de la reunión comunicándose con la Secretaría Municipal al (540) 432-7701 o por medio de la página por internet al: https://www.harrisonburgva.gov/interpreter-request-form City of Harrisonburg Page 5 Printed on 10/22/2019

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