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City Council

Regular Meeting

Harrisonburg, VA · January 12, 2021

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409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, January 12, 2021 7:00 PM Council Chambers/ Virtual 1. Roll Call Present: 5- Mayor Deanna R. Reed, Vice Mayor Sal Romero, Council Member Christopher B. Jones, Council Member George Hirschmann and Council Member Laura Dent Also Present: 3- City Manager Eric Campbell, City Attorney Chris Brown and Ande Banks. 2. Invocation Vice Mayor Romero offered the invocation. 3. Pledge of Allegiance 4. Special Recognition Mayor Reed asked for a moment of pause for the death of Mr. Stan Maclin. She stated he was an advocate for equality and justice for decades in the community, he was the founder of the Harriett Tubman Foundation and was instrumental in the renaming of Cantrell Avenue to Martin Luther King, Jr. Way. She stated she wants to also recognize the passing of Wilma Bird from the northeast neighborhood. 4.a. Final Presentation of the Comprehensive Housing Assessment & Market Study Adam Fletcher, director of Community Development, stated the following presentation by Mullin and Lonergan Associates is the comprehensive housing assessment and market study. He stated the presentation does not include everything that will be in the final report. He stated this project began in July 2020, incorporating one of the key visions of Council: Available housing for all. He thanked all the staff and others who all helped through this process. Marjorie Willow, AICP, Principal, Mullin & Lonergan Associates, Bill Wasielewski, AICP, Principal, Mullin & Lonergan Associates, Jessica Lurz, Housing & Community Development Specialist, Mullin & Lonergan Associates, Christine DeRunk, Housing & Community Development Specialist, Mullin & Lonergan Associates, Jerry Paytas, PhD, Vice President, Fourth Economy Consulting, Chris Worley, Analytics Strategist, Fourth Economy Consulting, Todd Gordon, AICP, PMP, EPR-PC, and Will Cockrell, AICP, EPR-PC, reviewed the following key findings: o Housing mismatch City of Harrisonburg Page 1 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 o Sales market o Rental market o College population growth o Net employment growth o Renters cost burden o Supportive housing They reviewed the following recommendations and noted that many of these recommendations are being done in other localities: o Hiring of a Housing Coordinator o Launch and amplify collaborative efforts to attract and grow jobs with annual wages above $40,000 and provide workforce training so residents have the required skills. o Conduct a coordinated Affordable Housing public campaign. o Prioritize City resources to finance affordable housing initiatives o Enact waiver of certain fees for affordable housing o Provide a 10-year tax abatement for new affordable multi-family projects consisting of more than four units and the adaptive re -use or preservation of formerly vacant or non-residential structures into affordable residential uses for non-student households. o Adopt an Affordable Housing Location Policy o Identify City-owned assets suitable for affordable and/or mixed-income residential development and issue Requests for Proposals (RFPs) for development options o Incorporate new and updated provisions in the current Zoning Ordinance update that will facilitate the implementation of the recommendations made in the study. o Amend the Comprehensive Plan and Zoning Ordinance to include “Missing Middle Housing” strategies. o Adopt an Accessory Dwelling Unit (ADU) Ordinance o Continue and expand the preservation of the City’s affordable housing stock o Continue homebuyer assistance activities for low- and moderate-income homebuyers o Collaborate with builders and developers to create and adopt an Affordable Housing Set-Aside Policy o Create and establish a Harrisonburg Housing Trust Fund o Advocate for Virginia Housing to eliminate the requirement in the state’s Qualified Allocation Plan that municipalities must provide a letter of support in order for low-income housing tax credit (LIHTC) applications to be approved o Amend the Comprehensive Plan to incorporate the housing policies and analysis included in this study City of Harrisonburg Page 2 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 They reviewed the recommendations for continuum of care, which covers the counties of Clark, Frederick, Page, Rockingham, Shenandoah and Warren, the towns that are in those counties as well as the city of Harrisonburg and the city of Waynesboro. She stated it is a larger network of non-profit organizations, service providers, and regional planners that all work together to reduce homelessness. The recommendations are as follows: o Continuum of Care service providers should prioritize how funds are invested locally. o Expand the use of data to make informed decisions to address homelessness o Continuum of Care services providers should expand the use of best practices to address additional populations with needs consistent with supportive housing o Build capacity among nonprofit organizations and homeless service providers. Mayor Reed thanked the presenters and stated it was exactly what Council needed to hear. Eric Campbell, city manager, stated the final report and additional information regarding the recommendations will be out the end of January 2021 when the complete report is obtained. He stated he is pleased with the progress as now we have data and recommendations to develop a road map to establish a stronger housing policy. He stated as staff reviews the recommendations, we must consider our existing realty and how we incorporate the recommendations with the budget. He stated we are optimistic, Virginia Housing has been engaged to find out other opportunities, there are quite a few tools in this toolbox and we now have a point to start working from. Mayor Reed stated everyone that put in the time we needed this report, this is how legacy decisions are made for the city. She stated she wanted the rest of Council to hear these recommendations to be fully knowledgeable of what is needed and how to go about obtaining it. She stated she wants to get started but had one question as to why the hiring of a housing coordinator was put as the first priority rather than the housing trust fund. Marjorie Willow stated there are a lot of recommendations in this plan, many will take more time to implement than others, but the housing coordinator will help pull from all different departments and agencies, be knowledgeable about real estate, state requirements, developers, land use, etc. She stated we are still not out of the financial impact due to COVID-19, hence the reason to put the Housing Trust Fund at a lower priority. She said there are several recommendations that can be done with minimal financial burdens and facilitate the creation of the Housing Trust Fund at a later date. City of Harrisonburg Page 3 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 Council Member Hirschmann stated he has a better idea now why the Housing Trust Fund is recommended where it is, trying to put this together in the middle of a pandemic may cause more problems. Council Member Dent asked for more information of the housing mismatch, as the report shows, most people want the second to the most expensive housing, and it seems as if we need more mid-level housing so that the greater demand is met by greater supply. She stated having more of these types of affordable housing can be used to bring in jobs and bring in people for those jobs. She stated she has run across the concept of inclusionary zoning, meaning mixed income families and developments, and she loves that the NIMBY problem was brought up, and appreciates the comment that it is discriminatory. She appreciates that the second priority is bringing in jobs and she would hope that would include implementing a living wage. Council Member Jones stated he appreciates the very thorough presentation. He stated it was presented in an objective manner. He stated one of the things that sticks out the most is that it appears as though many of those advocating for solutions to affordable housing and homelessness are part of the problem as they are living in those homes that are needed in inventory. He stated it is a matter of participating in part of the problem and being part of the solution. He stated the middle tier inventory of housing needs to be made available. He stated everyone needs to do a self-evaluation of what they can do to a part of the solution, whether it is creating inventory and/or advocate for the issues. He stated he would hope staff pulls out the options that we can do in an affordable way and provide Council with a timeline as how it would look; this will help get the ball moving forward. Mayor Reed stated she appreciates the priority list of the recommendations, Council needed to see this, housing has always been a priority of Council, it is in our vision. Vice Mayor Romero stated as we look to create some solutions from the recommendations he is looking for a plan of 1-10 years, not only will the population continue to grow, the gaps will become greater and current housing inventory will deteriorate, he asked if that was that taken into consideration with these recommendations. Ms. DeRunk stated population growth was taken into consideration to five years and Appendix E of the report will show projected household growth. She stated they did not factor in the condition and deterioration of the housing stock. She stated rental vacancy rate and available inventory in the sales market was taken into consideration, which helped with the recommendations to increase to a healthy rental vacancy rate of 5% and suggested increase of available homes to purchase, this is shown in the report Appendix J. City of Harrisonburg Page 4 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 Mayor Reed stated it was mentioned about older homes and their rehabilitations in the presentation. Council Member Hirschmann stated his observation to draw people into the city is to create more inventory, he asked how the consultants recommend getting that. Ms. Willow stated the recommendations made speak on expanding the housing inventory. Council Member Jones asked what the actual dollar amount is when looking at the Area Median Income (AMI). Ms. Willow stated the AMI is based on 2017 data and provided the chart for Council. Council Member Jones stated in the 1980’s there were a lot of beautification projects done and asked if those types of efforts and projects are still being used. Ms. Willow stated as more data becomes available and technology improved, the federal agencies have moved to using data to drive more measurable programs that speaks to the quality of the housing unit and not just by its appearance. Mayor Reed asked if the city is not using the Continuum of Care (COC) and its resources to its full potential. Mr. Campbell stated we have staff that attends the meetings and we do get resources from the COC, but our COC is so large, mostly rural, which creates challenges. Ms. Lurz stated some of the programs are legacy programs and used to doing business a certain way. She stated one of the most desirable services is permanent supportive housing for the homeless and funds are not easily available. Mayor Reed thanked the consultants for all their hard work. 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 Romero, seconded by Council Member Hirschmann, to approve the consent Agenda as presented. Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 5.a. Minutes from the December 8, 2020 City Council Meeting The minutes were approved. 5.b. Minutes from the December 15, 2020 Transition and Orientation meeting The minutes were approved. 5.c. Minutes from the January 4, 2021 City Council Reorganization Meeting City of Harrisonburg Page 5 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 The minutes were approved. 5.d. Consider a request from Morgan Properties Investments LLC to rezone 3506 South Main Street and 32 Reedy Circle This rezoning request was approved on second reading 5.e. Consider enacting an ordinance Title 14 Chapter 2 of the Code of Ordinances, City of Harrisonburg, Virginia allowing a monitoring system to be installed on school buses that captures license plate images and associated information of unlawful passing of a stopped school bus This Ordinance was approved on second reading 5.f. Consider amending and reenacting Section 7-1-15, Deposit prerequisite to service - Required, and Section 7-4-1, Schedule of rates and charges generally, of the Harrisonburg City Code. This Ordinance was approved on second reading 5.g. Consider adopting an ordinance vacating the existing utility easement on Tax Map Parcels 47-P-9, 47-9-10, 47-P-1, 47-P-14, 47-P-15 and 47-P-16 owned by Christian Light Publications, Inc. This Ordinance was approved on second reading 6. Public Hearings 6.a. Consider a request from Christian Light Publications Inc. for a special use permit to allow manufacturing, processing, and assembly operations at 931, 1047, and 1051 Mt. Clinton Pike and 1032, 1062, 1064, and 1066 Chicago Avenue Adam Fletcher, director of Community Development presented two special use permit requests for manufacturing and warehousing on three parcels located at Mt . Clinton Pike and Chicago Avenue in the B2 zoning district. He provided the history of the property, reviewed the surrounding properties and their uses, long term plan for the area, and the suggested conditions for the manufacturing special use permit: 1. The special use permit shall only be applicable for the current operation or a substantially similar operation. 2. An evergreen or deciduous tree buffer shall be created parallel to and within 20-feet from the property boundary with tax map parcels 47-J-6 and 7, where such trees shall be planted at no more than 20-ft. on center and no less than 6 -feet in height at the time of planting. Existing trees parallel to and within 20 -feet from the property boundary with tax map parcels 47-J-6 and 7 may be used to meet this requirement. The intent is to provide a vegetative buffer to reduce the visual impact of the subject site from the adjacent residential uses. 3. Along the Mt. Clinton Pike frontages of tax map parcels 47-P-14 and 47-M-1, there shall be no more than two entrances and no entrances shall be placed within 65-feet from where the property line of tax map parcel 47-P-14 and 16 City of Harrisonburg Page 6 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 meet. 4. If in the opinion of Planning Commission or City Council, the use becomes a nuisance, the special use permit can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. He reviewed the suggested conditions for Warehousing Special Use Permit: 1. Up to 60,000 square feet of warehousing and storage is permitted on the site. 2. All warehousing and storage and activities are conducted within buildings. 3. Self-storage facilities are prohibited. 4. An evergreen or deciduous tree buffer shall be created parallel to and within 20-feet from the property boundary with tax map parcels 47-J-6 and 7, where such trees shall be planted at no more than 20-ft. on center and no less than 6 -feet in height at the time of planting. Existing trees parallel to and within 20 -feet from the property boundary with tax map parcels 47-J-6 and 7 may be used to meet this requirement. The intent is to provide a vegetative buffer to reduce the visual impact of the subject site from the adjacent residential uses. 5. Along the Mt. Clinton Pike frontages of tax map parcels 47-P-14 and 47-M-1, there shall be no more than two entrances and no entrances shall be placed within 65-feet from where the property line of tax map parcel 47-P-14 and 16 meet. 6. If in the opinion of Planning Commission or City Council, the use becomes a nuisance, the special use permit can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. Mr. Fletcher stated staff and Planning Commission (6-0) recommended approval of both special use permit requests. At 9:01 p.m., Mayor Reed closed the regular session and called the first and second public hearing to order. A notice appeared in the Daily News-Record on Monday, Monday, December 28, 2020 and Monday, January 4, 2021. There being no one desiring to be heard, Mayor Reed closed the public hearing at 7:46 p.m., and the regular session reconvened. Council Member Dent stated she is appreciative that we have a local business that is thriving and expanding. A motion was made by Council Member Jones, seconded by Council Member Dent, to approve the request as presented with suggested conditions. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent City of Harrisonburg Page 7 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 No: 0 6.b. Consider a request from Christian Light Publications Inc. for a special use permit to allow warehousing at 931, 1047, and 1051 Mt. Clinton Pike and 1032, 1062, 1064, and 1066 Chicago Avenue. Presented with Agenda item 6a A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the request as presented with suggested conditions. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.c. Consider a request from David E. Berry, Jr. and Sharon Berry for a special use permit for short-term rental at 817 Honeysuckle Lane Adam Fletcher, director of Community Development, presented a special use permit for short term rental at 817 Honeysuckle Lane. He reviewed the land use guide for the area, and then reviewed the surrounding properties and their zoning districts. He stated the plan is for three accommodation space for a total of up to six guests and the property has enough area for off-street parking with no delineation being required. He stated staff and Planning Commission (7-0) recommended approval with the conditions: 1. All STR accommodations shall be within the principal structure. 2. There shall be no more than three STR guest rooms or accommodation spaces. 3. The number of STR guests at one time shall be limited to six. 4. Prior to operation, the operator shall submit to City staff a completed Short-Term Rental Pre-Operation Form. Furthermore, the operator shall maintain compliance with the items identified in the Pre-Operation Form when short-term rental guests are present. 5. Minimum off-street parking spaces do not need to be delineated and can be accommodated utilizing the garage or driveway. 6. If in the opinion of Planning Commission or City Council, the short-term rental becomes a nuisance, the special use permit can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. 7. The STR shall not exceed a lodging period of more than 90 nights during a calendar year. Mr. Fletcher stated staff and Planning Commission (6-0) recommended of the special use permit requests with suggested conditions. Council Member Jones asked if there was another number that staff or Planning City of Harrisonburg Page 8 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 Commission thought would be good for the annual lodging period beyond 90 days. Mr. Fletcher stated staff had no concern limiting the number of nights, Planning Commission considered 120 nights. Vice Mayor Romero asked if the applicant was ok with condition #7. Mr. Fletcher stated they knew of the limitations but hopefully they will be available to speak to. At 9:14p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, November 23, 2020 and Monday, November 30, 2020. David Berry, applicant, stated he didn’t think that the max of three cars would be a nuisance to the community as it would rarely happen if all. He stated he heard of some concern about the revenue that could be generated, but he foresees renting to families more than individuals. Pamayotis “Poti” Giannakaouros, stated the city has much of its wisdom on this type of activity, and he is in favor of this request. He stated it is something that is a positive distinguishing trait of our Council that we routinely approve things similar to this. It is a recognition that our city is for people not appearances, when we have been concerned about housing issues this points to us recognizing affordable housing is about people’s income and income inequality, so this is a positive thing. He stated this is a better approach better than thing to prep people into giving larger and larger shares of their income to developers. At 9:21 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Jones stated he would like to remove the condition number 7, and it can always be revisited if it becomes a nuisance. Vice Mayor Romero asked Mr . Fletcher if this was a staff recommendation or Planning Commission. Mr. Fletcher stated it was from Planning Commission and it was primarily due to the revenue the property would generate. Vice Mayor Romero stated he agrees with Council Member Jones. Council Member Dent asked if there was any other limit suggested. Council Member Jones stated no limit. A motion was made by Council Member Jones, seconded by Council Member Dent, to approve the special use permit request with the exception of the maximum annual stay, condition 7, as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.d. Consider adopting an ordinance renewing Columbia Gas of Virginia, Inc.’s franchise City of Harrisonburg Page 9 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 Chris Brown, city attorney, presented an ordinance to renew a Franchise with Columbia Gas. He stated they have had a franchise agreement over the past 100 years, the one presented is for 40 years. He reviewed the ordinance language and stated staff is recommending approval. Vice Mayor Romero asked why the agreement is for 40 years. Mr. Brown stated that is the maximum amount of time granted and is usually in the case for utilities. Vice Mayor Romero asked if there is room for conversation after the agreement is signed and is it possible to reduce the agreement length. Mr. Brown stated that is a standard length of franchises in Virginia, but should they violate any provision of the agreement or state law we can terminate the agreement early. He stated Council can also grant franchises to competitors. Council Member Dent questioned the 40-year provision, as Council passed the renewable energy resolution, and in closer reading of the resolution 100 % clean renewable energy within Harrisonburg’s electricity sector by 2035 and by 2050 within all sectors including transportation and heating. If this fossil fuel franchise is approved for the 40 years, fossil fuel will have worn out its welcome by 11 years. Mr. Brown stated he can contact Columbia Gas to see if a shorter time frame of the agreement can be acceptable to Columbia Gas. At 9:32 pm., Mayor Reed closed the regular session and called the fourth public hearing to order. A notice appeared in the Daily News-Record on Saturday, December 26, 2020 and January 2,2021 Terry Howard, Columbia Gas, thanked council for their consideration and available for any questions. Vice Mayor Romero asked if they would be interested in doing a 29 or 30-year agreement versus a 40-year agreement. Mr. Howard stated he would need to run it by his superiors, but the 40-year is standard through all the municipalities. Council Member Dent stated it is clear gas lines will need ongoing maintenance but was wondering if the agreement could state maintenance of current lines and new construction limited to meet our renewable energy requirements . Council Member Jones asked if we had renewal energy requirements or suggestions . Council Member Dent stated that although a resolution is not technically binding but considers it an ethically binding intent to guide us toward that a goal. Council Member Jones just wants to make sure the public is not misled. At 9:37 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Jones, seconded by Vice Mayor Romero, to table the request as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 City of Harrisonburg Page 10 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 7. Regular Items 8. Supplementals 8.a. Consider a supplemental appropriation for the Police Department in the amount of $12,645 Chris Brown, city attorney, presented a supplemental appropriation to purchase and train a new K-9 police dog for the Harrisonburg Police Department. A motion was made by Council Member Hirschmann, seconded by Vice Mayor Romero, to approve the supplemental appropriation as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 9. Other Matters 9.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Bruce Lundeen, old town, spoke on the proposal to expand the Middle River Regional Jail. He sated he believes the localities chose the highest cost for the expansion and the Harrisonburg community is against the expansion. He stated there are other options to manage the jail population and are included in a document sent to each of Council Member. He stated we have a Criminal Justice Planner whose job could be to help with this issue. He stated there are grants available that the justice planner could apply for. He stated there are many suggestions of other options available in the document provided to Council and suggests Council read it before the next meeting . He stated he suggests Council not approve the expansion of the jail. Pamayotis “Poti” Giannakaouros, stated he wasn’t allowed to comment on the Columbia Gas item due to technical difficulties. He stated as secretary for the Harrisonburg Martin Luther King, Jr. Coalition, with a heavy heart due to the passing of Mr. Maclin, he invites everyone to the annual Peoples Day celebration on Martin Luther King, Jr. Day, which will be held virtually. He stated the celebration will begin at noon on January 18th, 2021 and registration can be found on their website. He reviewed the vision statement of the Coalition and noted this statement shaped the city for many years. He spoke about incarceration numbers and asked council to join in the celebration. Michael Snell-Feikema, 1174 Westmoreland Drive, spoke on the expansion of the Middle River Regional Jail, how it will cost millions of dollars, will damage thousand of lives and we want to save money that could be used in much more helpful ways and save lives. He stated many have not been convicted of a crime yet sit in jail. He stated the number of persons incarcerated could be significantly reduce with a City of Harrisonburg Page 11 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 change in policies. He stated there are a number of ways to reduce incarcerations and would recommend Council review the document provided by Mr. Lundeen. He spoke about the inequality in our society, the impact of the pandemic, and pleaded to Council to vote against the jail expansion. 9.b. City Council and Staff Vice Mayor Romero stated he has talked to the city attorney and city manager requesting a few applications be brought back that were originally not acted on . These items would be one for a special use permit on New York Avenue and one special use permit on Nelson. Council Member Jones stated normally this weekend the city has many opportunities to learn about the life and work of Dr. Martin Luther King, Jr. He stated he encourages the community to take the time to educate themselves on the work he has done, his family, etc. since the pandemic has hindered our ability to gather in person . He stated there will be some virtual opportunities available. He spoke about the passing of Stan Maclin and looks forward to ways the community will honor him. He asked staff to advise Council of the benefits and detriments of the jail expansion, as there have been several emails and conversations with the community on this. He stated we need to make sure we are actually providing work release, day reporting and other programs for those that aren’t incarcerated, for those that are incarcerated they need more space due to the high spread of COVID-19 and aggression. He stated we need mental health and rehabilitation programs and he would like to hear about what is offered at Middle River Regional Jail. He would like to challenge the community, lets figure out ways to find those that are on probation jobs and the mental health and drug rehabilitation they need. He asked Mr. Brown to get with Public Utility staff regarding possibly waiving the late fee of utilities. Council member Dent thanked her fellow Council Members and city staff to their responsiveness to her questions. She stated she will be taking on the issues at Planning Commission and the Environmental Performance Standards Advisory Committee in the upcoming weeks. Council Member Hirschmann stated he is building up a list for the next Council Meeting Mayor Reed stated we have lost another one to COVID-19, we sit here and talk about the housing study, what needs to be done for the city, and we won ’t be able to do anything until we get through COVID-19. She stated our immediate focus has to be getting through this pandemic, we are all tired, we all want to gather, but we have a community spread and we need to be talking about the numbers every day. She stated 4,860 cases in the city, 4,682 in the county, we are almost a combined 10,000 cases, and 95 deaths, that’s how serious this is, and we should all be talking about it. She stated it doesn’t matter what we have or what we want to do we need to get through this pandemic, get our city back strong and healthy, get our students back into City of Harrisonburg Page 12 Printed on 2/4/2021 City Council Meeting Minutes - Final January 12, 2021 school, but we can’t do that until we make sure our community is educated, stop making this political, wash our hands, wear our masks, practice social distancing and stay home if we are sick. She stated we can’t blame it on JMU or the students because they aren’t here. She stated it is really so basic, we have to be responsible for each other and follow the CDC guidelines. She stated the Martin Luther King, Jr. programs will be virtual, there are a lot of activities that day, and ask residents to take that day and support the organizations that are doing things that day. Eric Campbell, city manager, stated the superintendent of MRRJ will be at the next council meeting presenting all the information regarding the proposed expansion and will outline the options as to what is being evaluated. He stated he will be involved in the process of looking at waiving the late fees on utility bills as well as Mr. Brown. Council Member Jones stated the superintendent of MRRJ will not be able to provide the benefits and detriment to the city on the proposed expansion of the jail, and he expects that to come from staff in some form prior to the meeting. He wants to know how it will impact the city financially, how does it line up with Council ’s vision and goals, etc. Mr. Campbell stated this is still a work in progress, still various options, but until we know what the proposals are and what direction the recommendations are staff can’t really comment. 10. Boards and Commissions 10.a. Environmental Performance Standards Advisory Committee (EPSAC) A motion was made by Council Member Dent, seconded by Vice Mayor Romero, to appoint Brian Nixon, Marc Lemmond, and MuAwai DaMes to a one-year term, and reappoint Tom Benevento to a one-year term, appoint Jeff Heie, and Joy Loving to a two-year term, reappoint Bradley Striebig and Deirdre Smeltzer to a two-year term, appoint Donna Armstrong to a three-year term and reappoint Doug Hendron, Leons Kabongo, and Mikaela Schmitt-Harsh to a three-year term to EPSAC. The motion carried with a unanimous voice vote. 11. Closed Session 12. Adjournment At 10:21 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 13 Printed on 2/4/2021

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Tuesday, January 12, 2021 7:00 PM Council Chambers/ Virtual 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition 4.a. Final Presentation of the Comprehensive Housing Assessment & Market Study Attachments: PowerPoint presentation PDF version of presentation 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 from the December 8, 2020 City Council Meeting Attachments: 120820 minutes 5.b. Minutes from the December 15, 2020 Transition and Orientation meeting Attachments: Minutes 5.c. Minutes from the January 4, 2021 City Council Reorganization Meeting Attachments: Minutes City of Harrisonburg Page 1 Printed on 1/8/2021 City Council Meeting Agenda - Final-revised January 12, 2021 5.d. Consider a request from Morgan Properties Investments LLC to rezone 3506 South Main Street and 32 Reedy Circle Attachments: Memorandum Extract from Planning Commission Site Maps Application, applicant letter, and other supporting documents Conceptual Site Development Layout Surrounding Properties notice Public Hearing Notice PowerPoint presentation PC Memorandum 5.e. Consider enacting an ordinance Title 14 Chapter 2 of the Code of Ordinances, City of Harrisonburg, Virginia allowing a monitoring system to be installed on school buses that captures license plate images and associated information of unlawful passing of a stopped school bus Attachments: Memorandum Draft Ordinance 5.f. Consider amending and reenacting Section 7-1-15, Deposit prerequisite to service - Required, and Section 7-4-1, Schedule of rates and charges generally, of the Harrisonburg City Code. Attachments: Memorandum Ordinance Sec. 7-1-15 Ordinance Sec. 7-4-1 5.g. Consider adopting an ordinance vacating the existing utility easement on Tax Map Parcels 47-P-9, 47-9-10, 47-P-1, 47-P-14, 47-P-15 and 47-P-16 owned by Christian Light Publications, Inc. Attachments: Memorandum Ordinance Plat 6. Public Hearings City of Harrisonburg Page 2 Printed on 1/8/2021 City Council Meeting Agenda - Final-revised January 12, 2021 6.a. Consider a request from Christian Light Publications Inc. for a special use permit to allow manufacturing, processing, and assembly operations at 931, 1047, and 1051 Mt. Clinton Pike and 1032, 1062, 1064, and 1066 Chicago Avenue Attachments: Memorandum Application, applicant letter, and supporting documents Extract from Planning Commission Site maps Proposed site development layout Surrounding Property Notice Public Hearing notice PowerPoint presentation PC Memorandum 6.b. Consider a request from Christian Light Publications Inc. for a special use permit to allow warehousing at 931, 1047, and 1051 Mt. Clinton Pike and 1032, 1062, 1064, and 1066 Chicago Avenue. Attachments: Memorandum Extract from Planning Commission Site maps Application, applicant letter, and supporting documents Proposed site development layout Public Hearing notice Surrounding Property Notice PowerPoint presentation PC Memorandum 6.c. Consider a request from David E. Berry, Jr. and Sharon Berry for a special use permit for short-term rental at 817 Honeysuckle Lane Attachments: Memorandum Application, applicant letter and supporting documents Extract from Planning Commission Site Maps Public Hearing Notice Surrounding Property Notice PowerPoint presentation PC Memorandum City of Harrisonburg Page 3 Printed on 1/8/2021 City Council Meeting Agenda - Final-revised January 12, 2021 6.d. Consider adopting an ordinance renewing Columbia Gas of Virginia, Inc.’s franchise Attachments: Memorandum Draft Ordinance Public Hearing Notice 7. Regular Items 8. Supplementals 8.a. Consider a supplemental appropriation for the Police Department in the amount of $12,645 Attachments: Memorandum Supplemental Appropriation 9. Other Matters 9.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 9.b. City Council and Staff 10. Boards and Commissions 10.a. Environmental Performance Standards Advisory Committee (EPSAC) Attachments: Taylor Evans - 1 year term request Brian Nixon - 1 year term request MuAwai DaMes - 1 year term request Marc Lemmond - 1 year term request Jeff Heie reappointment - 2 year term request Joy Loving - 1 or 2 year term request Deirdre Smeltzer reappointment - 1 or 2 year term request Bradley Striebig reappointment - 1 or 2 year term request Tom Benevento reappointment - 1 or 2 year term - prefers 1 Leons Kabongo reappointment - 3 year term request Doug Hendren reappointment - 3 year term request Mikeala Schmitt-Harsh reappointment - no preference on term Andrew Payton - no preference on term Michael VanPoots - no preference on term Donna Armstrong - no preference on term 11. Closed Session City of Harrisonburg Page 4 Printed on 1/8/2021 City Council Meeting Agenda - Final-revised January 12, 2021 12. Adjournment NOTE TO THE PUBLIC: In accordance with the Emergency Ordinance to effectuate temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster, adopted on April 6, 2020, the public will not be able to physically attend the City Council meeting. However, a phone line will be live where residents will be allowed to call in and speak with City Council during the Public Hearings and the Public Comments portion of the night’s meeting. We ask those that wish to speak during the public comment period to not call in until after all the public hearings and public comment on those have been heard. This will avoid anyone calling on any other item from holding up the que and then being asked to call back at a later time. The telephone number to call in is: (540) 437-2687 Residents also may provide comment prior to the meeting by visiting this page: www.harrisonburgva.gov/agenda-comments. Residents will be able to watch the meeting live on: • The City’s website, https://www.harrisonburgva.gov/agendas • Public Education Government Channel 3 City of Harrisonburg Page 5 Printed on 1/8/2021

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