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City Council

Regular Meeting

Harrisonburg, VA · January 11, 2022

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, January 11, 2022 7:00 PM Council Chambers 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: 5- Deputy City Manager Ande Banks, City Attorney Chris Brown, City Clerk Pam Ulmer, Police Chief Kelley Warner and Mayor Matthew Tobia 2. Invocation Council Member Dent offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Special Recognition 4.a. Presentation on the Marcus-David Peters Act (“The Marcus Alert”) Ellen Harrison, executive director of the Harrisonburg-Rockingham Community Services Board, presented Marcus Alert, a community response to a behavioral health crisis. She reviewed the following: · What the Marcus Alert System is, MARCUS - Mental Health, Awareness, Response, and Community Understanding Services. · Goals of the Marcus Alert System · State level initiatives · System protocols · Mobile crisis response requirement · Existing crisis services · State Marcus Alert timeline · Local next steps Ms. Harrison stated it would be great to work with other CSB’s that have something in place and revise as needed. Mayor Reed asked if there is a particular locality that has something already in place. Ms. Harrison stated Rappahannock/Rapidan CSB would be wonderful to work with. Council Member Dent, asked how this relates to the Crisis Intervention Team (CIT) training, is this a subset of training that needs done. Ms. Harrison stated the CIT City of Harrisonburg Page 1 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 training is very crucial. Vice Mayor Romero stated access is critical and we must keep in mind how we support those in our community that will benefit from these services and the language barriers that exist. 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. The motion carried with a recorded vote as follows: 5.a. Minutes from the December 14, 2021 City Council meeting. These minutes were approved on the consent agenda. 5.b. Consider a request from 7-Eleven, Inc. to amend the Zoning Ordinance to allow vehicle fuel stations within the B-1, Central Business District The ordinance amendment was approved on second reading 5.c. Consider a supplemental appropriation in the amount of $627,491.43 This supplemental reappropriation was approved on second reading 5.d. Consider amending and enacting Chapter 1 - General Building and Administrative Provisions Section 11-1-1(c) - Code Adopted, of the Harrisonburg City Code The ordinance amendment was approved on second reading 5.e. Resolution recognizing the accomplishments of Eric D.Campbell The resolution was adopted on the consent agenda 6. Public Hearings 6.a. Consider the 2022-2026 CDBG Consolidated Plan, the 2022 Action Plan, and the Analysis of Impediments to Fair Housing Choice Kristin McCombe, coordinator, Community Development Block Grant (CDBG), stated we procured the services of Mullen and Lonergan to prepare the city ’s analysis of impediments to Fair Housing Choice, the next Five-Year Consolidated Plan, and the next Annual Action Plan. She introduced Jessica Lurz, Mullen and Lonergan and noted she will present to solicit input on the creation of those three documents. Jessica Lurz, stated the city receives approximately $500,000 annually from the US Department of Housing and Urban Development, noting the 2022 allotment is not yet City of Harrisonburg Page 2 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 determined, and reviewed the following: · What the CDBG is, who is eligible and who funds CDBG; · The Five-Year 2022-2026 Strategic Planning · Goals of the Strategic Plan · Tentative Schedule · Contact information of where comments and proposals can be submitted. Ms. Lurz stated she was available for any questions. Beth Bland, director of Senior Services, Valley Program for Aging Services, expressed their appreciation for the support they have received for many years for the Meal on Wheels program through CDBG funding. She stated this past year over 18,000 meals were served to city residents and through the pandemic there have been huge needs within the older residents. She stated she asks for Councils continued support. At 7:28 p.m., Mayor Reed closed the regular session and called the first and second public hearings to order. A notice appeared in the Daily News-Record on Tuesday, August 31, 2021. Panayotis “Poti” Giannakouros, spoke on Goal # 4, educating public officials on fair housing practices, asking how does keeping full time staff to enforce aesthetic ordinances and practices whose original is to thwart fair housing stay in line with that goal. He suggests these practices be stopped as they are not consistent with the city’s grants. At 7:28 p.m., Mayor Reed closed the regular session and called the first public hearings to order. A notice appeared in the Daily News-Record on Monday, January 3, 2022 At 7:32 p.m., Mayor Reed closed the public hearing and the regular session reconvened. This Public Hearing - No Action was received and filed. 6.b. Consider a request from Frederick B. and Laurinda F. Peters for a special use permit to allow for a short-term rental at 43 Maplehurst Drive Adam Fletcher, director of Community Development, presented a special use request for a short-term rental located at 43 Maple Heights Avenue in the R-1 single family residential district. He reviewed the property, the surrounding properties, the surrounding zoning designations, and noted this is the applicant ’s primary residence. He reviewed the parking conditions and the stay limitations provided by the applicant (8-12 individuals). He noted the following staff recommended conditions as follows: 1. Accommodations shall be within the principal structure. City of Harrisonburg Page 3 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 2. No more than 5 accommodation spaces. 3. The number of STR guests at one time shall be limited to 8. 4. Submit a completed Short-Term Rental Pre-Operation Form and maintain compliance with the items identified in the form. 5. There shall be no more than 3 guest vehicles during a rental period. 6. Only 2 off-street parking spaces are required; the spaces do not have to be delineated. 7. If in the opinion of PC or CC, the use becomes a nuisance, the SUP can be recalled for further review, where additional conditions, restrictions, or the revocation of the permit could occur. He stated staff and Planning Commission (5-1) recommended approval of this request. Council Member Jones asked if there is required parking. Mr. Fletcher stated it is required for there to be 2 off street parking spaces. Vice Mayor Romero asked if there was any feedback from surrounding neighbors . Mr. Fletcher stated there were some comments of both concern and support. At 7:40 p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, December 27, 2021 and Monday, January 3, 2022 Josh Peters, representative of the applicant, thanked Council for their consideration, and stated that the applicants would like their request to be able to host up to 12 individuals during major event weekends and eight the rest of the year be approved . He stated all other conditions recommended by staff are fine. Panayotis “Poti” Giannakouros, reviewed the discussions on this item during the Planning Commission meeting, in particular, the ability for an owner to raise additional income, which is counter to what we would like to achieve with fair housing, more inclusive, without income base. He also spoke on the comment made of the character of the neighborhood; we should be welcoming people in neighborhoods. At 7:46 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Jones reiterated staff recommended condition number 7. A motion was made by Council Member Jones, seconded by Council Member Dent, to approve the request with staff recommended conditions, as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent City of Harrisonburg Page 4 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 No: 0 6.c. Consider a request from Luis O. Rodriguez to close an undeveloped public alley located behind 211 East Washington Street and adjacent to Tax Parcels 33-B-1,2,23,24 & 25. Adam Fletcher, director of Community Development, presented a request for the closing of a ten-foot alley located behind 211 E. Washington Street located within the M-1 Industrial district. He reviewed the property, the surrounding zoning designations, the history of the property, and future land use for the area. He stated staff began to evaluate the need of public alley ways in a new light and reviewed the benefits of these alley ways. He stated staff does not believe it to be in the best interest to release this section of the alley as it is part of a grid pattern that is promoted for all areas of the city. He stated the 2018 Comprehensive Plan indicates that to the greatest extent possible to include Traditional Neighborhood Development (TND) principals throughout the city and staff feels there is a public need to utilize this alley way. He stated if this request is approved staff will continue to identify specifically where the zoning boundary is because when M-1 property directly abuts residential property the M-1 property would have an increased setback which will be important for the applicants to know in case they want to build additional improvements. He stated staff and Planning Commission (6-1) recommend denial of this request. He stated if Council approves the closure of the alley staff requests Council ’s consideration to not close approximately 100 ft of the alley way that intersects another alley way that comes off of E. Johnson Street. Council Member Jones stated this particular alley way is not passable due to vegetation and trees. Mr. Fletcher stated it is currently passable in a section for a short distance. Mayor Reed asked how many alley ways are in the city currently. Mr. Fletcher stated he couldn’t provide that number at the moment but would get back with her. Mayor Reed stated we have had many conversations regarding alley ways . Further discussion took place regarding the condition of the alley ways. Council Member Hirschmann asked how the applicant felt about removing the 100 ft portion of the alley way from the closure request. Mr. Fletcher stated that had not yet been discussed with the applicant. Council Member Hirschmann asked Mr. Brown, city attorney, how could the closure of this alley be a detriment or positive impact to the city. Mr. Brown stated in general, there are three classifications: o Alleys that were platted on subdivision plats after 1928 that the city owns. o Alleys that were platted on subdivision plats from 1888-1928 the city is granted an access easement only and the land is owned by the developer. o Alleys that were developed prior to 1888, which includes this particular City of Harrisonburg Page 5 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 subdivision, the alley is a general right of public access. He stated in this particular situation the city does have an access easement, a path could be created, however, the city couldn’t put water or sewer line without purchasing a separate easement, the land is owned by the abutting landowners subject to the public right of access. He stated if this section of the alley is closed the city gives up its access easement but all the other property owners that abut the alley still have a right of access. He stated if the applicant wanted to put up a fence there are still owners that could theoretically say the fence must be removed for their public access . He stated one of the downsides if Council vacates the alley is the city waives its rights so if the city would in the future want to put a bike/pedestrian walkway we would have to negotiate with the landowner to get the right back. Vice Mayor Romero asked if this information was shared with Planning Commission . Council Member Jones stated no. Vice Mayor Romero stated the Commissioners did not have the opportunity to hear what Mr. Brown just explained. Further discussion took place to make sure the Commissioners are aware of the information shared by Mr. Brown and clarification of ownership of the alley way. Council Member Dent asked if any of the adjoining property owners are interested in purchasing their half of the alley way. Mr. Brown stated the surrounding property owners get a notice that they have that option, however the applicant owns the property that is abutting the alley on both sides. At 8:15 p.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, December 27, 2021 and Monday, January 3, 2022 Mr. and Mrs. Rodriguez, applicant, stated the information Mr. Brown shared was just brought to their attention as well by a staff member. She stated they understand the process. She stated the alley way is dense vegetation and they want to close the alley because it has been a place for dumping. She stated one neighbor had some concerns as he was using the alley but that was back in 2019, no other neighbors have said anything. Kathy Whitten stated the alley way closings have become a big deal with Planning Commission, we have many needs far greater than a big grid in a neighborhood . She stated criminal activity can take place in some of these alley ways and there is no practical plan for alley ways in the city in the foreseeable future. She stated she feels it is ridiculous to tell someone that has a business in the city who is contributing that they can’t have the land because we might want to use it someday. Lauri Sorrell, stated the safety issue is a concern and hopes Council approves this request. City of Harrisonburg Page 6 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 Panayotis “Poti” Giannakouros, urges Council to not set a precedent of approving this application, he agrees with Planning Commission and staff, we have made tremendous progress on not giving up all alley ways, and this would be rescinding the city right to put bike paths or car access but also in this area, rescinding the city ’s option to go in and maintain the vegetation that provides cooling, protection from flooding and habitat. He further spoke on the vegetation, green space and buffer provided by many of these alley ways. Kyle Lawrence, 441 E. Gay Street, stated he is a passionate proponent of the alley ways in the city and hopes the city will retain all of the alley ways and public access corridors whenever possible. He spoke on the future uses of these alley ways, improvements to these alley ways, and noted property owners are aware when they purchase that there are alley ways behind their property. He urges Council to not approve this request. John Sorrell, stated he has lived and worked in the area since 1964. He stated the alleys are dumps and they should be given to the neighbors that abut against them. At 8:32 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A discussion took place regarding leaving the 100 feet portion of the alley open. The applicant agreed to that. Mr. Brown stated that can be part of the second reading when the plat is presented, and the ordinance is fully approved. Further discussion took place on how these requests are handled on a case -by-case basis. A motion was made by Vice Mayor Romero, seconded by Council Member Jones, to approve the request. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Vice Mayor Romero, Council Member Jones and Council Member Hirschmann No: 1- Council Member Dent 7. Regular Items 7.a. Consider a request from Mark Smith (Massanutten Animal Clinic) for water and sanitary sewer service onto property located at 2702 Spotswood Trail (Rockingham County) Adam Fletcher, director of Community Development, presented a public utility application to allow property located at 2702 Spotswood Trail, Rockingham County, to connect to city water and sewer. He reviewed the property and noted a private sanitary sewer pump will be purchased to pump the sewage up the hill into the public city infrastructure. City of Harrisonburg Page 7 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 He stated staff and Planning Commission (7-0) recommend approval of this request. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 7.b. Elections Update Mark Finks, director of Elections, provided an update to Council on the following: · Registered voters 2008-2021 · Registered voters vs population comparison for Harrisonburg · Voter registration - transactions for November election · Active vs inactive registered voters · Turn out - November 20 vs November 21 · Early voting statistics at City Hall · Election day staff statistics · Departments organization chart · Office Staff information · Officers of Election, Electoral Board, and volunteer staff statistics · Electoral Board members information · Equipment updates · Space Needs · Ballot for 2022 · Redistricting Mr. Finks stated he was available for any questions. Council Member Dent had some questions regarding what constitutes a denial of voter registration and do they get notified of denial. Mr. Finks stated a denial could be from inadequate information or under 18 years old just to name a few. He stated whenever possible they are reached by phone or email as well as send a letter. Mayor Reed asked if there are enough potential voters to have an EMU precinct. Mr. Finks stated no, and they were unable to determine a 9th Precinct area as well. Council Member Dent asked why the JMU Convocation is being retired. Mr. Finks stated it was due to JMU needing that space, but there are ongoing meetings with the Electoral Board as to what JMU does have available to use. This Report was received and filed. City of Harrisonburg Page 8 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 7.c. Consider adopting A resolution authorizing the Director of Public Transportation to apply for and administer the Clean School Bus Program project. Gerald Gatobu, director of Harrisonburg Department of Public Transportation, presented a resolution for the Clean School Bus program. He stated what staff is trying to achieve is to buy two electric school buses and the funds from the Clean School Bus program help offset the cost between a regular diesel bus and electric bus. He stated staff has talked to the Harrisonburg Electric Commission to install infrastructure for 10 electric sub outs for future expansion of the electric school bus program. Council Member Dent stated she is thrilled that this is going through. A motion was made by Council Member Dent seconded by Vice Mayor Romero, to adopt the resolution as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 7.d. Discussion regarding creation of a Liaison Committee between City Council and the Harrisonburg Redevelopment and Housing Authority (HRHA) Mayor Reed stated she would like Council’s opinion on something she has spoken about for a while and has spoken to the Chair of the Harrisonburg Redevelopment and Housing Authority (HRHA) board, about creating a liaison committee between City Council and HRHA. She stated it would be good for communication especially with upcoming projects they have that could benefit the city. She asked Council if it is something they would be interested in creating. A motion was made by Council Member Jones, seconded by Council Member Dent to create the City / HRHA Liaison Committee. The motion carried with a unanimous voice vote. 7.e. Update on the COVID-19 Statistics for the City of Harrisonburg Paul Helmuth, administrative Officer, Harrisonburg Fire Department, stated it has been six months since he has presented an update on COVID-19. He stated the country, Virginia, Harrisonburg and all the surrounding communities are seeing a surge for COVID-19 related to several things such as the holidays and the Delta and Omicron variants. He reviewed the following: · VDH’s report on Daily Case counts for the past 90 days (all localities) · VDH’s report on Daily Case counts for the past 90 days (Harrisonburg) noting an increase of 844 cases, 25 hospitalizations and 2 deaths in the past seven days. · 21-Day active cases · 10-Day active cases · Anticipated Omicron Variant cases City of Harrisonburg Page 9 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 · Harrisonburg community transmission levels · Regional community transmission levels · Sentara’s statistics both locally and statewide · Graphs from New York City and Seattle Washington reflecting vaccinated vs not vaccinated cases. Mr. Helmuth stated a vaccinated individual is less likely to get the disease and less like to be hospitalized or die from it, Sentara’s percentage of unvaccinated hospitalized patients is above 90%, Valley Health stated 85% of their hospitalized patients were unvaccinated. Mr. Helmuth stated he is carefully watching the cases and hospitalizations because of the impact they could have on the community. He urges everyone to get their vaccinations and booster shots. He noted the forecast is that cases will continue to spike until the end of the month. Further discussion took place regarding the pandemic, vaccinations, the stress on the community and health care, shortages of tests, and the lack of those home tested as positive reporting which skews the statistics. This Presentation was received and filed. 7.f. Consider adopting a resolution declaring the Interim City Manager ’s declaration of a local emergency due to the imminent threat of disaster posed by the Coronavirus (COVID-19) Pandemic. Ande Banks, interim city manager, stated considering the surge of COVID -19 in our community and the wide community spread he proposed to declare a local state of emergency out of an abundance of caution. He stated this will allow our public bodies to return to virtual meeting platforms as it seems unwise at this time to be congregating in large groups. Chris Brown, city attorney, reviewed the resolution declaring the local State of Emergency and noted it will stay in effect until lifted by Council. He stated staff is hopeful this will only last 30-45 days, but all depending on the local statistics of the pandemic and its variants. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to adopt the resolution as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 Consider adopting a Resolution Authorizing the Mayor of the City of Harrisonburg to send correspondence on behalf of City Council requesting additional funding for the Central Shenandoah Health District City of Harrisonburg Page 10 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 Chris Brown, city attorney, stated Mr. Helmuth was informed that the Central Shenandoah Health District is running out of funding for testing for COVID -19 in the very near future, and it has been a very critical part of the city ’s efforts to combat the pandemic. He reviewed a resolution prepared to authorize the Mayor to sign a letter to be sent to the state elected representatives, the outgoing Governor, the incoming Governor, and any other administrative officials asking them to please fund the efforts of the Central Shenandoah Health District. A motion was made by Council Member Hirschmann, seconded by Council Member Dent, to adopt the resolution as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent 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) Kathy Whitten, 560 S. Mason Street, stated she has been in the area since 1987, and spoke on the lack of affordable family housing at that time. She stated she feels the reason the lack of affordable housing was in large part because of the demand for houses to convert to student rentals. She stated putting college students in the middle of a family neighborhood was a bad idea and the lifestyles were divergent. She stated the short-term rental requests reminds her of what they faced then, a house that has the potential to earn $12,000 a month can make the value of the house increase and then possibly sell to someone who would really take advantage of that situation . She stated the clause where it must be a primary residence does not protect those who wish to rent it out for 6 months and go to Florida. She stated those same absentee landlords are the same as what she was dealing with when she moved here. She stated other localities have seen the writing on the wall and changed their policies on short-term rentals. She stated our short-term rental policy doesn’t make sense. John Sorrell, spoke on his battle with the city about his property on Country Club Road. He stated he has spoken before Council many times, received letters from staff of support, but nothing has been rectified. Lauri Sorrell, his daughter, stated there has been development up and down Country Club Road over the past few decades, he has had estimates, flood plain experts, engineers, city staff etc. review his property as his property is experiencing water damage due to the development. Mr. Sorrell stated he has been waiting on an answer since 2008. He stated the Country Club Road project is now complete and wants to know when the city engineers are going to talk to him. Mayor Reed asked staff if someone could speak with Mr. Sorrell. Mr. Banks stated Mr. Sorrell has received several responses to his requests over the past several years with the most recent coming from himself, dated January 5, 2022, after Mr. Dan Rublee, city engineer, provided information. He stated this issue deals with the federal flood plain maps which the city has no control over. Mayor Reed stated City of Harrisonburg Page 11 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 she would like to talk to Mr. Sorrell and staff privately after the meeting. Panayotis “Poti” Giannakouros, stated he is impressed to hear City Council speak in sociological terms when educating the public on general principles but wishes they would be open to that when it comes to turning principles into policy in the form of motions and votes. He stated he checked on exposure risk calculator for COVID -19 and based on the population within Council Chambers there is a 3/4th chance that Council was exposed. He stated social science literature amply documents that nature is a potent psychological healer let alone a physical protection against biological physical stressors. He stated it is a protector against flood damage as well. He stated he has taken refuge in his lawn and garden and not only is this a direct psychological benefit it reduces trips to the grocery store and going out for other forms of relief from sheltering for the sake of public health. He asks City Council as a matter of emergency, suspend enforcement on matters that are not imminent danger to health and safety. James “Bucky” Berry, spoke on the recent Brent Berry Family Food Drive, it was the largest amount of food they have ever received. He thanked the Public Utilities department, and other localities for their assistance and support. He stated approximately 5 school busses and one 35 ft Tractor Trailer full of food was donated. He thanked Council member Hirschmann for attending the unloading of the food at the Salvation Army and supporting the food drive. 8.b. City Council and Staff Council Member Jones wished everyone a Happy New Year and asked everyone to wash their hands and wear a mask. He stated one of the reasons why house prices are so high is because interest rates are so low, the economy is in a place where people are buying things, and it is moving forward. He stated we need healthcare workers so if anyone wants to come out of retirement now is the time. Council Member Dent reminded if anyone is interested in attending or applying, a Central Shenandoah Planning District Commission (CSPDC) Affordable Housing Funds meeting will be held on January 12, 2022, from 9am to 11 am. Council Member Hirschmann congratulated Bucky and Brent Berry for all their efforts, they obtained a lot of food and people will be eating for quite some time. Vice Mayor Romero stated we are fortunate that our schools are in session, our kids are able to learn in a safe environment, but if the rate of infection continues to increase it may impact our teachers and bus drivers and will hurt a lot of families. He urged everyone to take care of each other. Mayor Reed agreed with the Vice Mayor, who would have thought after 2 years we would still be battling this pandemic. She stated we need to make sure we are responsible for each other. She urged everyone to follow the CDC guidelines. City of Harrisonburg Page 12 Printed on 1/31/2022 City Council Meeting Minutes - Final January 11, 2022 Ande Banks, interim city manager, stated Angela Clem, director of Human Resources and himself continue to work with Dr. Robin Stacia and their partners at Virginia Risk Sharing Association through their Inclusion Residency Program, it continues to aid city staff in thinking of a process for expanding the work of inclusion in the city. He stated interviews will be set up with each Council Member to talk about their perspective on inclusion work and goals and wishes for the city. He stated he would also like to conduct a work session with Council near the end of February, beginning of March 2022, to talk about how the city is looking at inclusion work and some of the things they hope to set in place over the coming months. He stated city staff has been working with Dr. Alexander, Dr. Britt and Dr. Dillard with JMU’s ICAD program, on putting together a very robust public engagement process to identify the needs of our community so Council’s deliberation on ARPA funding decisions can be made wiser. He stated ARPA continues to be an evolving topic, the US Treasury released the 400-page ARPA Final Rule last week, and staff will continue to work through that as there were some significant changes. 9. Boards and Commissions 9.a. Environmental Performance Standards Advisory Committee (EPSAC) A motion was made by Council Member Hirschmann, seconded by Council Member Jones, to re-appoint MuAwia Dames, Marc Lemmond, Brian Nixon and Tom Benevento for terms to expire on January 12, 2025 and appoint Kendra Beltran and Mike Hott to first terms to expire on January 12, 2025 to the Environmental Performance Standards Advisory Committee (EPSAC). The motion carried with a unanimous voice vote. 9.b. Shenandoah Valley Airport Commission cj/ld A motion was made by Council Member Jones, seconded by Council Member Dent, to reappoint Joe Bowman to the Shenandoah Valley Airport Commission for a 12th term to expire on January 28, 2025. The motion carried with a recorded vote as follows: 9.c. Harrisonburg Electric Commission A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to reappoint Chris Weaver and Maria Papadakis to the Harrisonburg Electric Commission for a 2nd term to expire on February 12, 2025 and March 12, 2025 respective. The motion carried with a recorded vote as follows: 10. Adjournment At 10:27 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 1/31/2022

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Tuesday, January 11, 2022 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition 4.a. Presentation on the Marcus-David Peters Act (“The Marcus Alert”) Attachments: PowerPoint 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 14, 2021 City Council meeting. Attachments: Minutes 5.b. Consider a request from 7-Eleven, Inc. to amend the Zoning Ordinance to allow vehicle fuel stations within the B-1, Central Business District Attachments: Memorandum Extract from Planning Commission Application and Applicant Letter Ordinance Amendment as proposed by Applicant Ordinance Amendment as proposed by Staff Exhibit - zoning map of the B-1 District Public Hearing Notice Surrounding Property Owners Notice PC Memorandum PowerPoint presentation Final amended ordinance reflecting changes from the 12/15/21 CC Meeting Executed Ordinance City of Harrisonburg Page 1 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised January 11, 2022 5.c. Consider a supplemental appropriation in the amount of $627,491.43 Attachments: Memorandum Supplemental Appropriation 5.d. Consider amending and enacting Chapter 1 - General Building and Administrative Provisions Section 11-1-1(c) - Code Adopted, of the Harrisonburg City Code Attachments: Memorandum Current ordinance reflecting recommended enacted section Executed Ordinance 5.e. Resolution recognizing the accomplishments of Eric D.Campbell Attachments: Resolution Executed Resolution 6. Public Hearings 6.a. Consider the 2022-2026 CDBG Consolidated Plan, the 2022 Action Plan, and the Analysis of Impediments to Fair Housing Choice Attachments: Memorandum Public Hearing Notice Tentative Schedule Power Point presentation 6.b. Consider a request from Frederick B. and Laurinda F. Peters for a special use permit to allow for a short-term rental at 43 Maplehurst Drive Attachments: Memorandum Extract from Planning Commission Site map Application and supporting documents Public comments Public Hearing Notice Surrounding Property Owners Notice PC Memorandum PowerPoint presentation City of Harrisonburg Page 2 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised January 11, 2022 6.c. Consider a request from Luis O. Rodriguez to close an undeveloped public alley located behind 211 East Washington Street and adjacent to Tax Parcels 33-B-1,2,23,24 & 25. Attachments: Memorandum Alley Closing Extract from Planning Commission Site Map Application and supporting documents Surrounding Property Owners Notice Public Hearing Notice PC Memorandum PowerPoint presentation 7. Regular Items 7.a. Consider a request from Mark Smith (Massanutten Animal Clinic) for water and sanitary sewer service onto property located at 2702 Spotswood Trail (Rockingham County) Attachments: Memorandum Extract from Planning Commission Site Map Application and supporting documents PC Memorandum PowerPoint presentation 7.b. Elections Update Attachments: Memorandum Harrisonburg District maps 2022.pdf PowerPoint presentation 7.c. Consider adopting A resolution authorizing the Director of Public Transportation to apply for and administer the Clean School Bus Program project. Attachments: Memorandum Resolution Executed Resolution 7.d. Discussion regarding creation of a Liaison Committee between City Council and the Harrisonburg Redevelopment and Housing Authority (HRHA) 7.e. Update on the COVID-19 Statistics for the City of Harrisonburg Attachments: PowerPoint Presentation City of Harrisonburg Page 3 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised January 11, 2022 7.f. Consider adopting a resolution declaring the Interim City Manager ’s declaration of a local emergency due to the imminent threat of disaster posed by the Coronavirus (COVID-19) Pandemic. Attachments: Declaration of Local Emergency Omicron edits Executed Resolution 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 9. Boards and Commissions 9.a. Environmental Performance Standards Advisory Committee (EPSAC) Attachments: MuAwia DaMes reappointment Marc Lemmond - reappointment Brian Nixon - reappointment Tom Benevento - reappointment Kendra Beltran application Mike Hott - application 9.b. Shenandoah Valley Airport Commission 9.c. Harrisonburg Electric Commission Attachments: Christopher Weaver - reappointment Maria Papadakis - reappointment 10. Adjournment NOTE TO THE PUBLIC: City of Harrisonburg Page 4 Printed on 4/18/2022 City Council Meeting Agenda - Final-revised January 11, 2022 Residents/Media will be able to attend the meeting according to best practices and procedures associated with pandemic disaster. 1. Masks must be worn by everyone regardless of vaccination status 2. Social distancing rules will apply The Public can also view the meeting live on: The City’s website, https://harrisonburg-va.legistar.com/Calendar.aspx Public Education Government Channel 3 A phone line will also 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 queue 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 Interpretation Services 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 4/18/2022

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