City Council
Regular MeetingHarrisonburg, VA · January 10, 2023
Minutes
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Minutes - Final
City Council
Tuesday, January 10, 2023 7:00 PM Council Chambers
1. Roll Call
Present: 4- Mayor Deanna R. Reed, Council Member Christopher B. Jones, Council Member
Dany Fleming and Council Member Monica Robinson
Absent: 1- Vice-Mayor Laura Dent
Also Present: 6- City Manager Ande Banks, City Attorney Chris Brown, City Clerk Pam Ulmer,
Police Chief Kelley Warner, Chief Matthew Tobia and Acting Deputy City Manager
Amy Snider
2. Invocation
Mayor Reed offered the invocation.
3. Pledge of Allegiance
Mayor Reed led the Pledge of Allegiance
4. Special Recognition
4.a. Proclamation recognizing Mr. William Blessing for his contributions to the City as a
member of the Transportation Safety and Advisory Commission and the Harrisonburg
Rockingham Metropolitan Planning Organization.
Mayor Reed presented to Mr. William Blessing a Proclamation recognizing him for
his contributions to the city as a member of the Transportation Safety Advisory
Committee (TSAC) and the Harrisonburg-Rockingham Metropolitan Planning
Organization (HRMPO).
4.b. Virtual Attendance by Council Member
Chris Brown, city attorney, stated as per the policy on Electronic Meetings, a quorum
is present, Council Member Robinson is unable to physically attend due to a medical
condition, and she is attending virtually from her home in Harrisonburg. He stated
Council will need to approve her virtual attendance.
A motion was made Council Member Fleming, seconded by Council Member Jones, to
approve the virtual attendance to the January 10, 2023, City Council meeting by Council
Member Robinson. The motion carried with a unanimous voice vote.
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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 Jones, seconded by Council Member Fleming, to
approve the consent agenda as presented. The motion carried with a recorded vote as
follows:
Yes: 4- Mayor Reed, Council Member Jones, Council Member Fleming and Council Member
Robinson
No: 0
Absent: 1- Vice-Mayor Dent
5.a. Minutes from the December 13, 2020 City Council Work Session and Regular
Session
These minutes were approved on the consent agenda
6. Public Hearings
6.a. Consider a request from Maria Sonia Trejo to rezone 793 North Liberty St
Adam Fletcher, director of Community Development, presented a rezoning request
for property located at 793 N. Liberty Street from M-1 to R-8. He reviewed the
property, the surrounding properties, noted in August staff observed work being done
on a covered deck on this property without permits, the contractor was informed and
through the process the property was deemed not conforming. He stated options
were provided to the property owner, and rezoning was the chosen option.
He stated staff and Planning Commission (7-0) recommended approval of this
request.
Council Member Fleming asked why the three residential properties, that are currently
zoned M-1, didn’t get rezoned at the same time. He stated the city could initiate it, but
it not a typical practice, and it may happen after the rezoning rewrite.
At 7:15 p.m., Mayor Reed closed the regular session and called the first public
hearing to order. A notice appeared in the Daily News-Record on Friday, December
23, 2022 and Friday, December 30, 2022
There being no one desiring to be heard, Mayor Reed closed the public hearing at
7:16 p.m., and the regular session reconvened.
A motion was made by Council Member Jones, seconded by Council Member Fleming, to
approve the request as presented. The motion carried with a recorded vote as follows:
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Yes: 4- Mayor Reed, Council Member Jones, Council Member Fleming and Council Member
Robinson
No: 0
Absent: 1- Vice-Mayor Dent
6.b. Consider a request from Van Delay LLC & Michael L. Marston to rezone 178 & 188
South Mason St
Adam Fletcher, director of Community Development, presented a rezoning request
for property located at 178 and 188 S. Mason from B-2 to B-1C. He reviewed the
property, the surrounding property, and the submitted proffer related to the parking lot
that will no longer be used for parking.
He stated staff and Planning Commission (7-0) recommended approval of this
request.
At 7:22 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 Friday, December
23, 2022 and Friday, December 30, 2022
There being no one desiring to be heard, Mayor Reed closed the public hearing at
7:23 p.m., and the regular session reconvened.
Council Member Jones stated just painting the parking lot might not be enough to
discourage people from parking there, he suggested the applicant place concrete,
rock or a tall sign at the parking area so people can’t use it.
A motion was made by Council Member Jones, seconded by Council Member Fleming, to
approve the request as presented. The motion carried with a recorded vote as follows:
Yes: 4- Mayor Reed, Council Member Jones, Council Member Fleming and Council Member
Robinson
No: 0
Absent: 1- Vice-Mayor Dent
6.c. Consider a request from Scott D. Huston and Merridy M. Gnagey for a special use
permit to allow short-term rental at 965 Smith Ave
Adam Fletcher, director of Community Development, presented a request for a
special use permit for property located at 965 Smith Ave for a short term rental (STR).
He reviewed the property, the surrounding properties, the zoning designation, the
differences between a homestay and STR, and parking requirements. He stated the
applicant has already operated as a homestay but wanted to increase the number of
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nights to over 90 days, increase the number of guests to five and two accommodation
spaces.
He stated staff and Planning Commission (5-2) recommended approval of this
request with the following conditions:
a. All STR accommodations shall within the principal building.
b. No more than two STR guest rooms or accommodation space.
c. The number of STR guests at one time shall be limited to five.
d. Submit a completed Short-Term Rental Pre-Operation Form and maintain
compliance with the items identified in the form.
e. Minimum off-street parking spaces do not need to be delineated and can be
accommodated utilizing the driveway or other areas on the property.
f. If in the opinion of Planning Commission or City Council, 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.
Mayor Reed asked the reasoning why two members of Planning Commission
recommended denial. Mr. Fletcher stated on commissioner’s denial was the
disrepair that happens in neighborhoods with STR’s and the increase of property
value that affects affordable housing.
Council Member Fleming spoke on the possible parking areas for this request. Mr.
Fletcher stated there is plenty of parking on the private property.
Council Member Robinson asked about the accommodation spaces and guest
numbers. Mr. Fletcher stated the applicant can answer those questions.
At 7:33 p.m., Mayor Reed closed the regular session and called the third public
hearing to order. A notice appeared in the Daily News-Record Friday, December 23,
2022 and Friday, December 30, 2022
Scott Huston, applicant, stated one of the bedrooms has a bunkbed and a full size
bed, which would allow up to three children in the room and then another bedroom for
the parents.
At 7:35 p.m., Mayor Reed closed the public hearing and the regular session
reconvened.
Council Member Jones stated quite a few STR’s have been approved in this
neighborhood and we have not received any negative feedback on any of those. He
stated he likes to see the self-governance happening with STR’s in the city.
A motion was made by Council Member Jones, seconded by Council Member Fleming, to
approve the request as presented. The motion carried with a recorded vote as follows:
Yes: 3- Mayor Reed, Council Member Jones and Council Member Fleming
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No: 1- Council Member Robinson
Absent: 1- Vice-Mayor Dent
6.d. Consider a request from WGG LLC for a special use permit to allow short-term rental
at 524 Long Ave
Adam Fletcher, director of Community Development, presented a request for a
special use permit for property located at 524 Long Ave for a short term rental (STR).
He reviewed the property, the surrounding properties, the areas zoning designation,
and parking requirements. He noted the property is an unsubdivided duplex unit and
the operator would live in the lower unit with the STR will be for the upper unit. He
stated the applicant already has a by-right homestay approved and in operation and
is looking to expand the ability to beyond the 90 nights per year. He stated this
request is similar to one on Broad Street presented at a previous Council meeting
where staff recommended denial and reviewed to pending proposed amendment to
ordinance 10-2-205 and other additional recommended amendments.
Council Member Fleming asked what the additional amendments were. Mr. Fletcher
stated it is amendments to language, nothing significant.
Mayor Reed asked what the difference between this request and the one on Broad
Street at a previous meeting. Mr. Fletcher stated it is all subjective, this request is for
property completely separate from the owner’s business next door, it can be sold
separately, it can operate to any future property owner, and staff wanted to maintain
and not set any precedent that they wanted to eliminate full on units for people to be
able to live in.
Council Member Robinson asked how we determine which unit should be allowed to
have a STR. Mayor Reed stated it is decided on a case by case basis. Mr. Brown
stated you are entitled to look at the surrounding properties. Council Member
Fleming stated in this case the two properties that are just to the east of the subject
property are both owned by the applicant, and he asked if there was a plan to create
one big single property out of this. Mr. Fletcher stated if the applicant were to do that
there would need to be a change to the zoning district, physical changes to the
buildings would be needed, there were conversations with the applicant about the
grander picture of what they wanted to do, there are options, this is the most
economical option for them. Council Member Robinson stated when people are
trying to supplement their income, along with the cost of inflation, she understands the
need to go beyond the 90 day rental ability but feels it should be only if a necessity .
Council Member Fleming stated the ability of the owners of the property to make
economic decisions that are a benefit to their family and not supporting that is
restricting that type of individual economic growth. Council Member Jones stated
both projects helped support a family member and it is helping a unit be preserved .
Further discussion took place regarding the reasons why to approve or deny these
types of requests.
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He stated staff and Planning Commission (7-0) recommended denial, but if Council
so decides to approve, he presented recommended conditions.
a. All STR accommodations shall only be permitted within the upper level
dwelling unit of the existing principal structure.
b. No more than two STR guest rooms or accommodation space.
c. The number of STR guests at one time shall be limited to four.
d. Submit a completed Short-Term Rental Pre-Operation Form and maintain
compliance with the items identified in the form.
e. The STR may operate without providing any of the required minimum off-street
parking spaces.
f. If in the opinion of Planning Commission or City Council, 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.
At 7:58 p.m., Mayor Reed closed the regular session and called the fourth public
hearing to order. A notice appeared in the Daily News-Record on Friday, December
23, 2022 and Friday, December 30, 2022
Joel Graham, 150 Crescent Drive, applicant, stated his brother will be living in the
lower level of the unit as the operator and shared his reasoning for the request.
Council Member Fleming stated the applicant has done a great job with the Friendly
City Inn and asked if this STR would be advertised through the Inn as additional space
available on their website. Mr. Graham stated there could be some opportunities for
cross-promotion
Panayotis “Poti” Giannakouros, stated the benchmark for STR’s we should be
following would be a detached place to sleep with a house under the conditions of
primary residence. He spoke on another item coming up later in the meeting.
At 8:05 p.m., Mayor Reed closed the public hearing and the regular session
reconvened.
Council Member Fleming noted that Council Member Dent is absent and since she
voted against approving this at the Planning Commission her input may be important .
He asked this item be tabled until she can come back.
Mayor Reed stated she spoke to Council Member Dent, but she did not mention any
concerns on this particular item. Further discussion took place regarding Council
Member Dent’s absence and possible vote. Council Member Fleming suggested the
applicant have the brother on the deed so he would not have to stay at the property
but still operate it. Further discussion took place regarding the difference between
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owner and operator. Council Member Robinson stated there has been change in this
area of the city, it seems like this location is more suited for a STR, however, her
concern is that Council Member Dent did recommend denial of this request at the
Planning Commission meeting and it would be nice to hear her side of things. Further
discussion took place regarding the conversations at Planning Commission and City
Council deciding on a case by case basis.
Council Member Fleming stated he doesn’t see the concern of gentrifying, which is an
important consideration to take with these STR’s, with this particular request. Mayor
Reed stated that is not the concern for this request. Council Member Jones reminded
everyone that there is a consideration that if any of the STR’s become a nuisance or
violate any conditions Council can revoke the special use permit. He noted there
haven’t been any complaints or violations to date.
A motion was made by Council Member Jones, seconded by Council Member Fleming, to
approve the request with the conditions as presented. The motion carried with a recorded
vote as follows:
Yes: 3- Council Member Jones, Council Member Fleming and Mayor Reed
No: 1- Council Member Robinson
Absent: 1- Vice-Mayor Dent
6.e. Consider a request to amend the Zoning Ordinance to create and define a new use
called “Cooperative Sober Living Residence” to be allowed by special use permit in
certain zoning districts
Adam Fletcher, director of Community Development presented a zoning ordinance
amendment to add a new definition and use for Cooperative Sober Living
residences. He reviewed the history of this item, reasonable accommodation request
options, the proposed ordinance and possible amendments to the proposed
ordinance.
He stated staff recommended approval, however, Planning Commission (7-0)
recommended denial as they believed this should be pushed more toward the by -right
option, they did not want to create an opportunity where there would be a discussion
in the public realm that might negatively stigmatize the people who would be living in
these residences.
Chris Brown, city attorney, stated this is a very difficult and thorny issue, with concerns
from neighbors, those that want to help these residents and zoning issues. He
reviewed the current occupancy ordinances and stated these are in place so that
certain sections wouldn’t turn into a fraternity row in neighborhoods, which is all legal
under Virginia law and the Federal Fair Housing Law. He stated the Fair Housing
Law does require a locality to make reasonable accommodations to persons with
disabilities when they apply. He stated we have three “group homes” in the city and
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have been located in community residential areas that are occupying single family
residences in which normally unrelated groups would not be able to occupy. He
reviewed Virginia State Code that was amended on July 1, 2022, that addresses
group homes, recovery residences etc. he stated the Fair Housing Act is critical on
this, in which many localities across the nation have dealt with and substantial
litigation. He reviewed the Fair Housing Act, in particular the following:
“Cannot discriminate in the sale or rental or otherwise make unavailable, a dwelling to
a buyer or renter, because of a handicap.” And “a refusal to make a reasonable
accommodation in rules, policies, practices necessary to afford such person equal
opportunity to use and enjoy a dwelling.”
He stated just to clarify the definition: “disability” is an individual with a physical or
mental impairment that limits one or more major life activities or a person who is
regarded as having such an impairment. He stated drug and alcohol addiction is
considered such an impairment. He stated that doesn’t apply to someone who is
currently using illegal drugs. He stated from what he understands, the recovery
centers or group homes residence who are found to be using alcohol or illegal drugs
are asked to leave. He stated the Act requires localities to consider and adopt
accommodations for group homes for people who are recovering from alcohol and
drug addiction. Courts will most likely require localities to accommodate a request for
up to eight unrelated individuals to reside in a home if they fall under this category. He
reviewed the State Code for certified, highly regulated, assisted living facilities for
individuals with mental illness, intellectual disability or development disability, with one
or more resident or non-resident staff persons living there. He stated State Code
references for 8 or fewer residents with someone providing service and supervision it
must be treated just as you would a single family residence. He stated eight should
be the maximum we allow in a Cooperative Sober Living Residence in the city. He
reviewed other language in the State Code.
Council Member Robinson asked for clarification of what we have locally. Mr. Brown
stated we have three Oxford Houses, that are credentialed, and as of July 1, 2022,
Oxford House is recognized by the State as a credentialing agency. He stated a few
that we have been approached by over the past few years are not credentialed.
Mr. Brown stated 8 unrelated occupants is where we need to be at, we can still have
the special use permit process, but we can’t base denial on the status of the
individuals with a disability. He stated we can base the request on other traditional
zoning regulations such as parking. He stated the proposed special use permit was
designed to provide a process by which an accommodation could be granted by the
locality to these group homes. He reviewed what the ordinance amendments
consisted of and the changes that need to be made to reflect the changes from July 1,
2022. He stated there may be additional changes from the State Board of Behavioral
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Health and Development. He reviewed additional requirements and language in the
State Code, and stated staff feels that it makes sense for recovery residence of no
more than eight individuals to be a by-right use. He stated staff’s recommendation is
for Council to refer back to staff and the Planning Commission to look at the By -Right
use for up to eight individuals for certified Recovery Residences and other issues
such as impacts to a locality, additional court cases etc.
Council Member Fleming stated there are 160 of these in Virginia, Winchester has
14, Richmond has 40, Roanoke has 11, and it sounds like it’s a recent treatment
model, and it is growing faster than localities can account for this and you can ’t not
allow it due to Fair Housing Act laws. He asked if we have reached out to other
localities. Mr. Brown stated staff has reached out to several localities. Further
discussion took place regarding possible regulations that could be applied and
possible changes to State regulations.
Council Member Robinson asked how many people must be in a sober living house
in order to require a live in staff member. She stated she is concerned about the
violations. Mr. Brown stated there is no authority that requires someone to live on site
at these residences. Council Member Fleming stated some of the credentialed
organizations to require on-site live in support.
At 8:58 p.m., Mayor Reed closed the regular session and called the fifth public
hearing to order. A notice appeared in the Daily News-Record on Friday, December
23, 2022 and Friday, December 30, 2022
Bob Sear, 1652 Central, stated he attended the Planning Commission meeting,
reviewed current city ordinances, and shared his concerns about enforcement of
violations.
Anthony Bopp, 69 Sharon Street, stated the way Oxford House has flaunted city
regulations is irritating. He stated they create the housing, wait for complaints, and
then come to the city to accommodate the regulations. He referenced the federal law
“reasonable accommodation” requirement by localities, it doesn ’t say we have to do
everything Oxford House wants. He stated these facilities seem to be consistent with
profit maximization not necessarily with the recovery of the residents living in these
homes. He thinks some professional should be working in these homes, for the
recovery aspect and to watch over things. He stated the Fire Department should
inspect the house prior to anyone moving into these homes.
Panayotis “Poti” Giannakouros, spoke on the need for the wellbeing of these
residents and preventing predatory exploitation of them; reducing the number allowed
to reside might help weaken the profit motive; the possibility of requiring an
owner/operator occupancy such as in short term rentals; how potential for profit
oriented expansion is the threat and should be limited;
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At 9:17 pm, Mayor Reed closed the public hearing and the regular session
reconvened.
Council Member Fleming stated he is wondering how other localities are approaching
this and would like to get feedback from them. He stated there are people in these
places, and he doesn’t want to put them at risk.
Mr. Brown stated the staff chooses to withdraw this request for further evaluation but
asked if the up to eight individuals and the by-right use is acceptable to Council.
Council Member Fleming stated it sounds like a good starting point. Council Member
Jones stated we are seeing more of these because it is profitable, and we are forced
to make these companies accountable, and we need to be as aggressive as
possible to protect the neighborhoods and the city.
Mayor Reed stated we must look at how it effects the neighborhoods, but we also
want to make sure that the people living in those homes are taken care of. She wants
to know what services the residents of these homes are getting. Further discussion
took place on how these homes operate, what services they provide and other
organizations already in the city that offer programs.
This PH-Zoning Ordinance was referred back to staff.
6.f. Consider a request to amend the Zoning and Subdivision Ordinances to modify the
required information placed on public notice signs posted on properties
Adam Fletcher, director of Community Development, presented an ordinance
amendment to allow changes in how properties are posted for items coming to
Planning Commission and City Council. He reviewed current signage and the
changes that are recommended.
He stated staff and Planning Commission (5-2) to recommend approval of this
request.
He noted some of the discussions at Planning Commission included changes to the
actual text of the sign. He stated Commissioner Armstrong noted that she was
sensitive to persons not accessing computers to access the QR codes, and
Commissioner Washington that she liked all the details on the previous signs.
Council Member Fleming shared his thoughts on how the signs should look. Mr.
Fletcher stated there were quite a few suggestions for the signs and changes can be
made, the ordinance amendment reflects that we can make changes to the signs.
At 9:35 p.m., Mayor Reed closed the regular session and called the sixth public
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hearing to order. A notice appeared in the Daily News-Record on Friday, December
23, 2022 and Friday, December 30, 2022
Bob Sear, 1652 Central Avenue, stated the developer should be required to send a
certified letter to owners last known address.
At 9:36 p.m., Mayor Reed closed the public hearing and the regular session
reconvened.
Council Member Jones stated he thinks that signage should be in Spanish as well,
take-away printouts should be available, and offered suggestions on color of print.
Council Member Fleming stated providing more access other than just QR codes is
needed.
Council Member Robinson asked if the QR codes are scanned will the information be
provided in other languages. Mr. Fletcher stated we rely on Google Translate on our
website for translation.
A motion was made by Council Member Jones, seconded by Council Member Fleming, to
approve the ordinance amendment as presented and that the final signage be approved by
City Council prior to being used. The motion carried with a recorded vote as follows:
Yes: 4- Mayor Reed, Council Member Jones, Council Member Fleming and Council Member
Robinson
No: 0
Absent: 1- Vice-Mayor Dent
6.g. Consider CDBG Funding Priorities
Kristin McCombe, program coordinator, Community Development Block Grant
(CDBG), provided a background on the CDBG, reviewed the goals of the 5-year
CDBG Strategic Plan, the tentative schedule for the 2023-24 CDBG Program and
noted the grant application deadline is February 16, 2023, at 12:00 pm. She
provided the contact information for questions and proposal submissions.
At 9:46 p.m., Mayor Reed closed the regular session and called the seventh public
hearing to order. A notice appeared in the Daily News-Record on Friday, December
30, 2022.
There being no one desiring to be heard, Mayor Reed closed the public hearing at
9:46 p.m., and the regular session reconvened.
no action required
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6.h. Amendment to the CDBG 2020 Action Plan
Kristin McCombe, program coordinator, Community Development Block Grant
(CDBG), stated the amendment to the 2020 CDBG Action Plan is to move $136,000
of CDBG-CV funding that was allocated to the Salvation Army CDBG-CV project will
be reallocated to the NEW Mercy House Rental Assistance Project. She provided the
schedule and contact information for comments and noted the Public Comment
period ends February 10, 2023, at 10:00 am.
At 9:49 p.m., Mayor Reed closed the regular session and called the eighth public
hearing to order. A notice appeared in the Daily News-Record on Friday, December
30, 2022.
There being no one desiring to be heard, Mayor Reed closed the public hearing at
9:50 p.m., and the regular session reconvened.
No action is required
No action required
7. Regular Items
8. Reallocations
8.a. Consider a reallocation of budgeted funds for the General Capital Projects Fund in
the amount of $989,762.
Larry Propst, director of Finance presented a reallocation in the amount of $ 989,762
for the construction of a fence at the Public Safety Building, which has been a priority
staff identified for safety and security of the employees and city property. He stated
funds will come from vacancy savings in the Police Department and ECC.
Ande Banks, city manager, stated this has been a priority since Chief Monticelli was
on board.
Council Member Fleming stated it not really commensurate that the savings were
from vacancies as we had staff work extra hours and overtime. Mr. Propst stated we
certainly have an increase in overtime, but overall the total vacancy savings over the
entire year was more than enough. Further discussion took place regarding the need
for this project and the funds that were available this year, but may not be available
next year, all depending on staff.
A motion was made by Council Member Jones, seconded by Council Member Fleming, that
this Reallocation be approved. The motion failed with a recorded roll call vote taken as
follows:
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Yes: 4- Mayor Reed, Council Member Jones, Council Member Fleming and Council Member
Robinson
No: 0
Absent: 1- Vice-Mayor Dent
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)
Panayotis “Poti” Giannakouros, stated this is the first full meeting with sustenance for
our new Council and it’s been eventful. He stated he has seen both things that
concern him and give him hope, he saw his concerns about meeting the needs of our
non-English speaking residents be represented by Council Member Jones, and in the
spirit of the hope he has seen today he invited everyone to the annual Peoples Day
Celebration at noon on Monday, January 16, 2023, celebrating the Martin Luther King,
Jr. holiday and the renaming of the city’s Martin Luther King, Jr. Way. He stated he
hopes to see the new Council Members at this event.
9.b. City Council and Staff
Council Member Jones encouraged everyone to celebrate MLK, Jr. Day on Sunday,
January 15, 2023, at 3pm for a community worship service at Emanual Mennonite
Church and Monday, January 15, 2023, at 10:10 am at EMU Layman Auditorium for a
MLK, Jr. convocation. He stated he hopes to see many at these two events and
celebrate what Dr. King stood for and what he did.
Council Member Fleming stated he is excited to see Council Member Jones’ brother
at these events. He stated he attended, along with Council Member Robinson and
Amy Snider, the Virginia Municipal League (VML) orientation, great sessions; he will
be attending his first Harrisonburg Downtown Renaissance Board meeting next week;
support from the city to the JMU nation of the injury sustained by a JMU alumnus who
was shot. Council Member Jones stated we did lose one of JMU’s football players.
Council Member Robinson stated at the VML orientation and training session we dug
deep into our Council responsibilities, and we were able to ask many questions. She
stated the Arc will be holding a program on MLK, Jr. Day, giving out free food at Lucy
Simms Center between 1-4 pm on Monday, January 16, 2023. She stated there will
be an opening ceremony from 12-1 where Rodney Brandon will be delivering the I
Have a Dream speech.
Mayor Reed stated there are a lot of different events going on to celebrate the MLK,
Jr. Day and she urged everyone to attend at least one. She stated JMU will be
holding an event on Monday, January 16th in the evening and Bridgewater College
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will be hosting an event on Wednesday, January 18, 2023, with Reverend William
Barber from the Poor Peoples Campaign at 7:30 pm. She stated she had the honor
to go to Dayton’s Council Meeting on January 9, 2023, to support her sorority sister
Melody Pannell, the first African American woman to serve on Dayton’s Council. She
stated she will be attending many Legislative Days in Richmond soon. She stated her
sorority is celebrating Founders Day on January 13, 2023, and she will be starting her
new position at EMU next week.
10. Boards and Commissions
11. Closed Session
This was tabled.
11.a. Closed meeting as authorized by the Virginia Freedom of Information Act, Virginia
Code Section 22.2-3711(A)
Under Subsection (3) for a discussion of the acquisition of real estate for a public
purpose and the disposition of publicly held real estate where the discussion in an
open meeting would adversely affect the bargaining position of the public body;
And
Under Subsection (8) for consultation with legal counsel employed by the City
regarding a specific legal matter requiring the provision of legal advice by such
counsel.
Mayor Reed stated since some of our Council members are either not present or not
present in person, she would like to move the Closed Session to the next City Council
meeting on January 24, 2023.
12. Adjournment
At 10:10 p.m., there being no further business and on motion adopted, the meeting
was adjourned.
________________________ ________________________
CITY CLERK MAYOR
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Agenda
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda - Final-revised
City Council
Tuesday, January 10, 2023 7:00 PM Council Chambers
1. Roll Call
2. Invocation
3. Pledge of Allegiance
4. Special Recognition
4.a. Proclamation recognizing Mr. William Blessing for his contributions to the City as a
member of the Transportation Safety and Advisory Commission and the Harrisonburg
Rockingham Metropolitan Planning Organization.
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 from the December 13, 2020 City Council Work Session and Regular Session
Attachments: Minutes
6. Public Hearings
6.a. Consider a request from Maria Sonia Trejo to rezone 793 North Liberty St
Attachments: Memorandum
Site Maps
Application and supporting documents
Extract from Planning Commission - 793 N Liberty St
PC Memorandum
Notice of Public Hearing
Surrounding Property Owners Notice
PowerPoint presentation
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City Council Meeting Agenda - Final-revised January 10, 2023
6.b. Consider a request from Van Delay LLC & Michael L. Marston to rezone 178 & 188
South Mason St
Attachments: Memorandum
Site Maps
Application and supporting documents
Extract from Planning Commission - 178 188 S Mason St
PC Memorandum
Notice of Public Hearing
Surrounding Property Owners Notice
PowerPoint presentation
6.c. Consider a request from Scott D. Huston and Merridy M. Gnagey for a special use
permit to allow short-term rental at 965 Smith Ave
Attachments: Memorandum
Site Maps
Application and supporting documents
Extract from Planning Commission - 965 Smith Ave
PC Memorandum
Notice of Public Hearing
Surrounding Property Owners Notice
PowerPoint presentation
6.d. Consider a request from WGG LLC for a special use permit to allow short -term rental at
524 Long Ave
Attachments: Memorandum
Site maps
Application and supporting documents
Extract from Planning Commission - 524 Long Ave
PC Memorandum
Notice of Public Hearing
Surrounding Property Owners Notice
PowerPoint presentation
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City Council Meeting Agenda - Final-revised January 10, 2023
6.e. Consider a request to amend the Zoning Ordinance to create and define a new use
called “Cooperative Sober Living Residence” to be allowed by special use permit in
certain zoning districts
Attachments: Memorandum
Current ordinance reflecting recommended amendments
Extract from Planning Commission - Cooperative Sober Living Residences
July 17, 2022 Letter from Steven G. Polin, Esq.
Joint Statement of the DHUD and DOJ on Fair Housing Act
Public comments
PC Memorandum
Notice of Public Hearing
PowerPoint presentation
6.f. Consider a request to amend the Zoning and Subdivision Ordinances to modify the
required information placed on public notice signs posted on properties
Attachments: Memorandum
Current ordinance reflecting recommended amendments
Example signage updated since Planning Commission meeting
Extract from Planning Commission - Posting Signs
PC Memorandum
Example signage
Notice of Public Hearing
PowerPoint presentation
6.g. Consider CDBG Funding Priorities
Attachments: Memorandum
Application
Public Hearing Notice
Tentative Schedule
PowerPoint Presentation
6.h. Amendment to the CDBG 2020 Action Plan
Attachments: Memorandum
Public Hearing Notice
Tentative Schedule
PowerPoint Presentation
7. Regular Items
8. Reallocations
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City Council Meeting Agenda - Final-revised January 10, 2023
8.a. Consider a reallocation of budgeted funds for the General Capital Projects Fund in the
amount of $989,762.
Attachments: Memorandum
Budget Reallocation
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
11. Closed Session
11.a. Closed meeting as authorized by the Virginia Freedom of Information Act, Virginia
Code Section 22.2-3711(A)
Under Subsection (8) for consultation with legal counsel employed by the City regarding
a specific legal matter requiring the provision of legal advice by such counsel.
12. Adjournment
NOTE TO THE PUBLIC:
Residents/Media will be able to attend the meeting.
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
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City Council Meeting Agenda - Final-revised January 10, 2023
Language interpretation service in Spanish, Arabic and Kurdish 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 1/9/2023
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