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City Council

Regular Meeting

Harrisonburg, VA · July 11, 2023

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409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, July 11, 2023 7:00 PM Council Chambers 1. Roll Call Present: 4- Mayor Deanna R. Reed, Vice-Mayor Laura Dent, Council Member Christopher B. Jones and Council Member Dany Fleming Absent: 1- Council Member Monica Robinson Also Present: 6- City Manager Ande Banks, City Clerk Pam Ulmer, Police Chief Kelley Warner, Chief Matthew Tobia, Deputy City Attorney Wesley Russ 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 / Presentations 4.a. Salvation Army - Lt. Douglas Ingold Lt. Douglas Ingold, introduced himself to Council, shared his background and how it came about that he is now the new officer for the Salvation Army in Harrisonburg. Mayor Reed welcomed him to the city and stated she is glad to have Mr. Ingold and his wife in the city and is looking forward to working with him. 4.b. North End Gateway Public Art Installation Update Kristin McCombe, Community Development Block Grant manager, stated after working through funding, public input, artist qualifications, and bidding solicitations for the past year the selection team for the North End Gateway Art Installation is excited to bring their recommended proposal to Council for consideration of approval. She reviewed the process, introduced the members of the selection team, location of art, description of art, and noted the art piece that was accepted is by Nick Brinen and called “The Beacon”. Mayor Reed stated the piece is beautiful. Council Member Jones stated he likes the piece, but he wanted it to be more City of Harrisonburg Page 1 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 tangible, he was hoping kids and tourists would be able to get closer to the art piece . He stated as it is presented there would be no safe way for pedestrians to get close to it and touch it. He stated we have funds and he isn’t sure what the stopping block is to have this more pedestrian friendly, and he would like the Public Works Department to consider some sort of walkability or a way to get close to the art piece. Mayor Reed stated she wants people to be able to get close to it, to read it, to touch it, to take pictures, etc. Ande Banks, city manager, stated there is a shear logistical challenge of needing that U-turn capability for transportation downtown and our transportation experts looked at it and at the current time we cannot close the street portion between Merge Coffee and the proposed triangle island where the artwork will be placed. He stated staff will continue to evaluate it, but for the time being we need to continue to maintain those roads. Ms. McCombe stated the balance of this art piece being in a location that is so visible inherently makes it somewhat less directly accessible. She stated staff is hoping to work through some logistics to get some sort of information posted on the sidewalk in that area, which would provide in greater detail what the art represents. Nick Brinen, artist, stated there are some renderings based on feedback from the committee reflecting a place where people can pause and read more about the art peace and the symbolism. Mr. Banks stated there may be a challenge of the right of way of the sidewalk, but we can certainly open up the communication with the owners of Merge Coffee. Council Member Fleming stated this is impressive and thanked everyone or working on this, it is exciting to see public art in the city. He spoke on possible locations for interpretive signage and stated that the staff throughout the city are amazingly creative and understand the limits of what they can do but will work to possibly find ways around the accessibility of the artwork. Vice Mayor Dent stated the piece is breathtakingly beautiful and asked how the piece will be lit. Ms. McCombe stated the original submission was solar, but we are going to be going with a wired option. Vice Mayor Dent asked if it would be on all night . Ms. McCombe stated she would have to look into that. She questioned the need for a crosswalk to the art piece or not encouraging people to walk up to the art piece, how it will tie into the new Liberty Street grant for the bike and pedestrian path in that area . Ms. McCombe stated the decision for choosing this area for the art piece were based on the future plans of Liberty Street. Mr. Banks stated that if there are creative ways to encourage people to actually access the art, touch it, and be in the space, we will find a way. Vice Mayor Dent stated this picture captures the balance of symbolism, it pulls in the history, the agriculture, the beauty of the area. Further discussion took place regarding safe access to the site. City of Harrisonburg Page 2 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 Mr. Brinen stated he appreciates all the comments and as a designer he really loves the idea of experiencing something rather than just looking at it. He stated he is adaptable and can work through question seeking and problem solving. Mayor Reed stated we are in support of this art project. 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 Fleming seconded by Council Member Jones, to approve the consent agenda as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 5.a. Minutes from the June 27, 2023 City Council Meeting These minutes were approved on the consent agenda 5.b. Consider the special event application request for the Harrisonburg Youth TryAthlon on Saturday, August 12, 2023. This special event application was approved on the consent agenda. 5.c. Consider the special event application request for Explore More Discovery Museum ’s Touch a Truck event in partnership with HEC on Saturday, August 12, 2023, from 10am-noon. This special event application was approved on the consent agenda. 5.d. Consider the special event application request for the Block Party in the Burg on Saturday, August 26, 2023. This special event application was approved on the consent agenda. 5.e. Consider the special event application request for the African American Festival on Saturday, September 9, 2023. This special event application was approved on the consent agenda. 6. Public Hearings 6.a. Consider a request from Lock-Minn Holdings, LLC to rezone a portion of 813 Chicago Avenue Adam Fletcher, director of Community Development, presented a rezoning request City of Harrisonburg Page 3 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 for property located at 813 Chicago Avenue, from B-2C to B-2C. He reviewed the surrounding land use, the property, the submitted proffers, and the suggested additional prohibited uses by Planning Commission. He noted this property is currently in violation of the zoning ordinance, but no violation notice has been given because the owner is trying to bring into compliance. He stated staff and Planning Commission (5-1) recommended denial of this request. Council Member Fleming stated it looks like there was quite a discussion at Planning Commission in regard to uses, he questioned the operations allowed on this site. Mr. Fletcher stated there are many different variations of the use of a site, but in a B -2 district all vehicle repair must be inside a building. Council Member Fleming stated that in this particular lot they would not be able to work on vehicles in the lot. Mr. Fletcher agreed. Vice Mayor Dent stated there was a lot of discussion and confusion at the Planning Commission because the two adjacent properties are different zoned and allowed different uses. Mr. Fletcher stated the applicant would have to build a building on the site in order to do vehicle repair there, and it would be difficult on this property because of the size of the lot and the set back restrictions. He stated the applicants plan is to use as a parking area for employees or cars that are going to be repaired at the adjacent property business. He stated this property is currently of violation of storage of inoperable vehicles. Further discussion took place on the current violations, the use of the lot, and the adjoining businesses. At 7:48 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 Wednesday June 28, 2023, and July 5, 2023. Russell Lockey, Lock-Minn Holdings, LLC, property owner, stated the anticipated use for this lot is for a parking lot, it had been used as such when he bought the property, thought it was in compliance until he was notified by staff. He stated he has been working with the current tenant to remove the vehicles that are there. Discussion took place between Council Member Fleming and Mr. Lockey regarding the violations and the efforts being made to correct those violations. Panayotis “Poti” Giannakouros, stated a few years ago this type of request came about, and it was deliberated over whether the restrictions that were being placed on the business were based on aesthetics or if there were substantive environmental concerns. He stated in this case we have a viable business facing difficulties and do we want to place additional stresses on our businesses in a time when businesses have closed. He spoke on the funds that were poured into the city for the poultry industry and asked that staff and council look at this request if it impacts the use of the surrounding properties or is this an aesthetic consideration. City of Harrisonburg Page 4 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 At 7:57 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 Tuesday, May 30, 2023, and Monday, June 5, 2023 Mr. Fletcher reviewed the uses allowed on this lot. Council Member Fleming asked Vice Mayor Dent for any other insight from the Planning Commission meeting on this item. Vice Mayor Dent shared the concern of the crowding in the area. Further discussion took place regarding the Planning Commissions concerns, and noted that when someone buys property in the city they should be very well aware of the zoning for the property and possible violations. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming to deny the rezoning request as presented. The motion carried with a recorded vote as follows: Yes: 3- Mayor Reed, Vice-Mayor Dent and Council Member Fleming No: 1- Council Member Jones Absent: 1- Council Member Robinson 6.b. Consider a request from Lock-Minn Holdings, LLC for a special use permit to allow restaurants at 837, 841, 871, 887, 889, 891 Chicago Avenue Adam Fletcher, director of Community Development, presented a special use permit for property located on Chicago Avenue to allow for a restaurant in an M -1 designated zone and noted this is adjacent property from the one previously discussed. He reviewed the businesses on the property, off street parking requirements, surrounding designated zoning, long term plans for the area and potential layouts from the applicant. He noted this request was to allow for two food truck operations on this property. He stated there was a lot of discussion on the availability of parking on the parcels and reviewed the suggestions by staff. He stated staff recommended denial; Planning Commission recommended approval (6-0) with the suggested conditions as follows: 1. If the existing parking lot layout is maintained, the property owner shall install a parking block, post and chain, or other feature acceptable to the City between the parking stall and the entrance along Chicago Avenue within 6 months of approval. 2. Brick-and-mortar restaurants are prohibited. 3. Only one food truck is permitted among tax map parcels 39-F-2 and 3. Mr. Fletcher clarified that M-1 properties are allowed food trucks and clarified the parking issues. Further conversation took place between Council Members and Mr . Fletcher. City of Harrisonburg Page 5 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 At 8:18 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 Wednesday June 28, 2023, and July 5, 2023. Russell Lockey, Lock-Minn Holdings, LLC, property owner, stated he is trying to get the food truck back on the M-1 lot from the previously discussed B-2 lot, he is willing to do whatever he needs to do make the parking conform, and a second food truck would only be placed is one of the businesses closed. Council Member Fleming asked for clarification on the parking and uses currently on these parcels. Panayotis “Poti” Giannakouros, stated he found it interesting that the Planning Commission that features self-proclaimed urbanists who are interested in cycling infrastructure that has no discussion on the share-use path adjacent to these properties. He stated we are seeing a failure in our planning and processes, in finding all of these types of opportunities for the best possible use. He spoke further on the comprehensive plan process and is it serving the public purpose. At 8:29 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Fleming stated this is a complex piece of property to try to get to fit within what the vision is there, the owner wants to try and figure out how to make this work, helping this property owner figure how this work seems to be the best route. He hears staff’s concerns about a second food truck, but he thinks it’s an opportunity for someone to come in there and set up a food truck business and he likes that idea. Vice Mayor Dent stated she just reviewed it on Google Earth and agrees with the suggested parking block, the idea of the second food truck should be readdressed once the current business in that location closes. Mayor Reed stated she thinks it is too congested for two food trucks. Council Member Fleming stated he can recognize the congestion; he will go with what the majority wants. Council Member Jones stated the applicant didn’t provide a proposed map of how the owners envisioned it to look like. Mr. Lockey pointed on the map provided by Community Development where the expected food truck locations would be. Further discussion took place regarding the planned locations of the food trucks and parking. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to approve the special use request with suggested conditions as presented. The motion carried with a recorded vote as follows: Yes: 3- Mayor Reed, Vice-Mayor Dent and Council Member Fleming City of Harrisonburg Page 6 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 No: 1- Council Member Jones Absent: 1- Council Member Robinson Recess At 8:39 p.m., Mayor Reed called the meeting into recess. At 8:46 p.m., Mayor Reed called the meeting back into session. 6.c. Consider a request from Riadh S. Mamund to rezone 130 West Mosby Road Adam Fletcher, director of Community Development, stated items 6c and 6d will be presented together. He presented a rezoning and special use permit request for property located at 130 W Mosby Road from R-2 to R-8C and to allow townhomes. He reviewed the surrounding properties and their zoning designations, the history of the property, the site, draft site layout, and submitted proffers. Mr. Fletcher stated staff and Planning Commission (6-0) recommended approval of the rezoning and special use permit requests. At 8:50 pm p.m., Mayor Reed closed the regular session and called the third and fourth public hearing to order. A notice appeared in the Daily News -Record on Wednesday June 28, 2023, and July 5, 2023. Bill Moore, Balzer and Associates, consultant for applicant, stated he appreciates the opportunity to work with staff and Planning Commission to make this project happen . Council Member Fleming stated the applicant did a good job of listening and redesigning. Panayotis “Poti” Giannakouros, stated this item is interesting because it is an example of the use of the R-8 zoning, the need for zoning needed to be more flexible because people wanted greater flexibility in how they can live in the city. He stated some of that is driven by economic development, the solution that came forward was one that oriented to a different perspective, from developers. He stated people were looking for auxiliary dwelling units, that is yet to be considered. He stated the R -8 example makes things more profitable for the developer, although this is giving us the opportunity to put more housing in the city, we are not in a housing crisis, we just approved a massive 900-unit housing development, and this could create more short term rental properties. He stated there is not a viable economic plan to limit the amount of short term rentals properties allowed per property owner. At 8:57 p.m., Mayor Reed closed the public hearing and the regular session reconvened. City of Harrisonburg Page 7 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 Council Member Fleming stated one of the goals was that these were to be for homeownership. Mr. Fletcher stated the R-8 zoning was meant for single-family or duplex dwelling units with owner occupied as the vision. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to approve the rezoning request as presented. The motion carried with a roll call vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 6.d. Consider a request from Riadh S. Mamund for a special use permit allow attached townhouses at 130 West Mosby Road presented with 6.c. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to approve the special use permit as presented. The motion carried with a roll call vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 6.e. Consider a request from Farhad Koyee and Mikael Bahar to rezone 937 Vine Street Adam Fletcher, director of Community Development, presented a rezoning request for 937 Vine Street from R-1 to R-8C. He reviewed the history of this parcel, the surrounding zoning designations, the property, proposed site plan and the submitted proffers, He stated staff and Planning Commission (5-0) recommended approval with the submitted proffers. At 9:11 pm 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 Wednesday June 28, 2023, and July 5, 2023. Gil Colman, Colman Engineering, representative for applicant, stated this request was previously submitted for review by Planning Commission with a much higher density of units and the neighbors were opposed to it. The applicant listened to the neighbors and reconfigured to duplexes instead of townhouses or apartments. Panayotis “Poti” Giannakouros, stated he sees beautiful trees on this property, we have already approved the destruction of 40 acres of urban forest, how are we going to preserve the trees we have left. If we can build more inexpensive housing, then City of Harrisonburg Page 8 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 people will have more disposable income and hopefully it would be for natural amenities which have been noted in a cool way with the artwork at the north end gateway. He spoke on the tall grass and weeds ordinance, and the lack of reasoning why Planning Commissioner Chair Finnigan recused himself from this item. Jennifer Nelson, resident near property, stated she is a resident near this development and the trees on the property are a mess, and they are excited with seeing duplexes on this property. The initial concern of increased traffic has been resolved by modifying the development and are very supportive of this request. At 9:20 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Fleming stated this seems to have been a very responsive proposal put together by the developer. Vice Mayor Dent stated this is one of the best case studies she has seen where the developer listened to concerns from the neighbors. She spoke on the ingress and egress of the development and how well the developer thought it through. A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to approve the rezoning request as presented. The motion carried with a roll call vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 6.f. Consider a request from 130 Franklin Street LLC to rezone 130 Franklin Street Adam Fletcher, director of Community Development, presented a rezoning request for property locate at 130 Franklin St from B-2 to B-1. He reviewed the history of the property and noted it is currently operating out of compliance. He reviewed the surrounding properties, the property itself, parking, and submitted proffers. He stated recommended approval, Planning Commission recommended denial (6-0) however they did not have the proffers offered at the time of review. Vice Mayor Dent stated the reason why Planning Commission recommended denial as they originally thought about tabling this item, but it would keep it Planning Commission longer and it was safer to send it to Council with a denial in case the applicant made proffers, which they did. She stated the concern was the broadness of the potential uses in B-1, which they narrowed by the proffers offered. Council Member Jones stated this is where he agrees with Mr. Giannakouros regarding enforcement, if we are going to do it, we have to do it. Here we are with a unit that we want to see stay online, we want to see the economic development move City of Harrisonburg Page 9 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 forward yet it was in gross violation technically on all parts, and no one knew this. This is the spirit in which Mr. Giannakouros speaks on all the time and is in agreement that if you are going to do the enforcement it has to be committed to wholeheartedly. He is aware that it takes up to three years to comb the entire city for violations, but this particular location has been operating this way for three decades and we are just now catching it. At 9:34 pm p.m., Mayor Reed closed the regular session and called the sixth public hearing to order. A notice appeared in the Daily News-Record on Wednesday June 28, 2023, and July 5, 2023. Kristen Loflin, potential buyer of property, stated she has been looking for a very long time for a place for her counseling practice, hopes to have other colleagues join her in this space, and will be very quiet neighbors. She stated her business would be a great addition to the area and surrounding businesses. Lauren Penrod, 171 Franklin Street, stated her only concern about the rezoning was what could potentially go there without proffers. She stated with the proffers submitted they are more comfortable with the rezoning. Luke Smith, 298 Campbell Street, stated a big building on small lot zoned B-2 just doesn’t work, there is no way to be compliant with the parking. He stated the house currently has a driveway with one parking spot and for the B-2 requirements you would need 9 spaces. He stated there is a letter of support from the property owner immediately to the west of this property, and there is a precedent for this, as on January 10, 2023, City Council unanimously approved a similar request on Mason Street. Quinton Callahan, 294 Franklin Street, stated a professional services counseling center is perfect for this location, it’s a transitional use going from commercial to residential and parking is sufficient in the surrounding areas. He stated he urges Council to vote in favor of this request. At 9:46 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Vice Mayor Dent stated she is impressed with the proffers being offered that list very clearly what is allowed on the property. Discussion took place as to the exception of parking requirements in a B-2 zoning designation. A motion was made by Council Member Jones, seconded by Council Member Fleming, to approve the rezoning request as presented. The motion carried with a roll call vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 City of Harrisonburg Page 10 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 Absent: 1- Council Member Robinson 6.g. Consider whether the proposed Homeless Services Center public facility site at 1111 N. Main St. is in substantial accord with the Comprehensive Plan Adam Fletcher, Director of Community Development, presented a 2232 review on property located at 1111 N. Main Street, the site of the planned Homeless Services Center to determine if the location, character, and extent of such public facility is in substantial accord with the comprehensive plan. He reviewed the property, the current zoning of the area, and the conceptual site plan. He stated Planning Commission found that it was in substantial accord with the comprehensive plan. At 9:54 pm 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 Wednesday June 28, 2023, and July 5, 2023. Robin Lester, 580 Stonecreek Road, stated she is opposed to anything pertaining to further the plan of the homeless shelter, she is not opposed to a shelter but is opposed to the location. She is disappointed that it has been decided that it will be built in the midst of a community of homes and businesses, she feels this location will deteriorate as time goes on and crime will increase in the area and values of the homes and businesses will be depleted. She asked Council to reconsider the location of the homeless center. Panayotis “Poti” Giannakouros, stated that he called for the previous item and was not able to get through. He stated a blue collar car fixing food truck running immigrant who had only another immigrant to speak for them had to play by the rules, but when all the respectable people show up the rules were off. He stated we have had some difficulties getting the situation here underway, this site will be a community site, a community site, a site that can govern itself as opposed to a site of incarceration and supervision for people to whom the rules apply to be imposed upon them through a side entrance by mental health workers to whom the rules do not apply. He is grateful to Council Member Jones for articulating better then he could the main crux that he has been repeating for ten years. He spoke on the Planning Commission. At 10:04 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Mayor Reed stated this process over three years long, we don ’t just decide to do something without a lot of work, committees, public engagement, public hearings etc . Further discussion took place as to the reasons that made up the decision to choose the site. A motion was made by Council Member Jones, seconded by Council Member Fleming, to accept the findings by Planning Commission as presented. The motion carried with a roll City of Harrisonburg Page 11 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 call vote as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 7. Regular Items 7.a. Consider approving ordinance amendments pertaining to Homestays and Short -Term Rentals - Sections 10-3-24, 10-3-25.1 and 10-3-205 of the Harrisonburg City Code Vice Mayor Dent stated she would like to table this item until Council Member Robinson was present, so we have a full Council to decide on this item. Council Member Fleming stated he thinks when Council tackles ordinances in particular it is important we have all Council present. A motion was made by Vice Mayor Dent seconded by Council Member Jones, to postpone this item to a future City Council meeting date to be determined by the city manager. The motion carried with a unanimous voice vote. 7.b. Planning Commission Annual Report 2022 Adam Fletcher, director of Community Development, presented the Planning Commission Annual Report for 2022. He reviewed the activity by category presented to Planning Commission for the 5-year Planning Commission. This Report was received and filed. 7.c. Summary of City Application for History of Equal Rights Grant Opportunity Luke Morgan, grants and program analyst, City of Harrisonburg, presented information on the History of Equal Rights Grant program. He stated the application has been completed and the plans should this grant be awarded would be used towards preservation repairs to the Lucy F. Simms Center. He reviewed the criteria for the application, noting $157,000 was applied for, and the repairs needed. Council Member Jones asked if the building will be power washed regardless of if repairs are done as it is in need. Mr. Banks stated staff will add it to the work that needs done. He stated that should the grant not be awarded it should be added to the FY 24/25 Budget. Vice Mayor Dent stated it was discussed at EPSAC that one of the potential projects through the Energy Conservation Block Grant (if awarded) was solar panels on the roof of the Lucy Simms Center, the History of Equal Rights Grant funding (if awarded) would be a perfect predecessor to that because you always want to do the energy efficiency improvements first. City of Harrisonburg Page 12 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 Mr. Banks thanked Mr. Morgan, since he has come on staff, he has done some amazing work in identifying different grant programs and bringing the federal and state dollars into the community. This Report was received and filed. 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) Panayotis “Poti” Giannakouros, shared his views as to the history of why public comment is near the end of the meeting. Paul Somers, stated he wanted to see if there was a way to fast track the process of the skate park because the right thing to do is to engage with the community and obtain quotes from different contractors, currently there is nowhere for the skateboard community to go. He stated concrete is the way to go. Mayor Reed stated there is a meeting on July 25, 2023, after the City Council meeting, the skateboard community has been reached about this meeting. Mr. Banks stated during the Council meeting, Mr. Mancini, director of Parks and Recreation, will be providing an update on ARPA projects including the skatepark, with the research and consultation with the city attorney based on the contract. He stated staff reached out to some of the advocates for the skate park to set up a meeting immediately following that meeting. 8.b. City Council and Staff Council Member Jones thanked the Small Business Administration of the federal government for coming to learn about the Black and Brown Business Growth program that has been established in the city and listed the participants of this meeting. He stated he has become aware that we no longer have a vote on the Harrisonburg/Rockingham Chamber of Commerce (HRCOC) Board, and we should have a discussion with staff as to the funding we provide to the HRCOC should be attached to advertising, promotion, and/or marketing, that either the city manager, Economic Development Department and Council can see where the funding is going. Vice Mayor Dent stated Council Member Jones, Council Member Fleming and herself will be attending the National League of Cities Leadership Conference in Tacoma, Washington. She will be attending for the Energy, Environment and Natural Resources Committee, Council Member Jones for the National Black Caucus of Local Elected Officials and Council Member Fleming for the Transportation & Infrastructure Services Committee. Council Member Fleming stated he and Liz Webb, Housing Coordinator, will be traveling to Richmond on July 12th, 2023, for the Virginia First Cities housing group they are initiating. He stated there will be representatives from Virginia Community City of Harrisonburg Page 13 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 Development Financial Institution Funds (CDFI) present. He stated on July 13th, 2023, Virginia Housing will be hosting an event at Blue Ridge Community College, and he will be attending that as well. Mayor Reed stated she will be participating in a round table discussion with Congressman Ben Cline related to the Farm Bill on July 17th, 2023. She stated on July 18th, 2023, she will be a guest with Brandy Lindsey on Q101 for four hours. Ande Banks, city manager, stated July 12th, 2023, is the 20th Annual Pizza Night with the Harrisonburg Fire Department, if you call in between 4pm and 8pm fire fighters will show up at your front door with pizza, check your smoke alarm /Carbon Monoxide detector and/or install one if you need one. He stated the Virginia Department of Agriculture and Consumer Services (VDACS) and the United Stated Department of Agriculture (USDA), will be conducting surveys in our region and in the city on potential pesticide applications for the Spotted Lantern Fly. He stated an interesting fact that came up at the Executive Leadership Team meeting was that between the years 2023 and 2032 the city has 14 Transportation Capital Projects funded, these projects are valued at $85.5M and only $1.8M of that is local funding. He stated these funds have been obtained because of the hard work of our staff. Council Member Fleming stated there is also a potential for another $200M that hasn’t been appropriated yet that we anticipate coming. Mr. Banks stated the July Planning Commission agenda is loaded, which means the agendas for Council in August are going to be very robust and would like for Council to consider perhaps an earlier start time, dinner will be provided to Council, in order to get through some items quicker . Further discussion took place on possible scheduling an earlier start time. 9. Closed Session 9.a. Closed meeting as authorized by the Virginia Freedom of Information Act, Virginia Code Section 22.2-3711(A) Subsection 1 for the discussion of personnel matters; At 10:49 p.m., a motion was made by Council Member Fleming, seconded by Council Member Jones, to enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: Subsection 1 for the discussion of personnel matters. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Dent, Council Member Jones and Council Member Fleming No: 0 Absent: 1- Council Member Robinson 10. Adjournment City of Harrisonburg Page 14 Printed on 8/8/2023 City Council Meeting Minutes - Final July 11, 2023 At 10:57 p.m. the closed session ended and the regular session reconvened. Deputy City Attorney Russ read the following statement, which was agreed to with a unanimous recorded vote of Council: I hereby certify that to the best of my knowledge (1) only public business matters lawfully exempted from open meeting requirements under Chapter 37 of Title 2.2 of the Code, of Virginia, 1950, as amended, and (2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting by the City Council. At 10:57 p.m. there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 15 Printed on 8/8/2023

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Tuesday, July 11, 2023 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition / Presentations 4.a. Salvation Army - Lt. Douglas Ingold 4.b. North End Gateway Public Art Installation Update Attachments: Memorandum PowerPoint 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 June 27, 2023 City Council Meeting Attachments: Minutes 5.b. Consider the special event application request for the Harrisonburg Youth TryAthlon on Saturday, August 12, 2023. Attachments: Memorandum Special Event Application Event Maps 5.c. Consider the special event application request for Explore More Discovery Museum ’s Touch a Truck event in partnership with HEC on Saturday, August 12, 2023, from 10am-noon. Attachments: Memorandum Special Event Application City of Harrisonburg Page 1 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 11, 2023 5.d. Consider the special event application request for the Block Party in the Burg on Saturday, August 26, 2023. Attachments: Memorandum Special Event Application Site Map 5.e. Consider the special event application request for the African American Festival on Saturday, September 9, 2023. Attachments: Memorandum Special Event Application 6. Public Hearings 6.a. Consider a request from Lock-Minn Holdings, LLC to rezone a portion of 831 Chicago Avenue Attachments: Memorandum Extract from Planning Commission Site Maps Application and Supporting Documents 2013 Proffers and Concept Plan PC Memorandum Surrounding Property Owners Notice Public Hearing Notice PowerPoint Presentation 6.b. Consider a request from Lock-Minn Holdings, LLC for a special use permit to allow restaurants at 837, 841, 871, 887, 889, 891 Chicago Avenue Attachments: Memorandum Extract from Planning Commission PC Memorandum Site Maps Application and supporting documents Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation City of Harrisonburg Page 2 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 11, 2023 6.c. Consider a request from Riadh S. Mamund to rezone 130 West Mosby Road Attachments: Memorandum Extract from Planning Commission PC Memorandum Site Maps Application and supporting documents Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation 6.d. Consider a request from Riadh S. Mamund for a special use permit allow attached townhouses at 130 West Mosby Road Attachments: Memorandum Extract from Planning Commission Site Maps Application and supporting documents PC Memorandum Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation 6.e. Consider a request from Farhad Koyee and Mikael Bahar to rezone 937 Vine Street Attachments: Memorandum Extract from Planning Commission Site maps Application and supporting documents PC Memorandum Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation City of Harrisonburg Page 3 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 11, 2023 6.f. Consider a request from 130 Franklin Street LLC to rezone 130 Franklin Street Attachments: Memorandum Extract from Planning Commission Site maps Application and supporting documents Proffer Letter dated June 29, 2023 Public comments PC Memorandum Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation 6.g. Consider whether the proposed Homeless Services Center public facility site at 1111 N. Main St. is in substantial accord with the Comprehensive Plan Attachments: Memorandum Extract from Planning Commission Site maps Site Plan for Homeless Services Center Code of Virginia 15.2-2232 Legal Status of Plan Planning Commission Findings Homeless Services Center PC Memorandum Public Hearing Notice Surrounding Property Owners Notice PowerPoint Presentation 7. Regular Items City of Harrisonburg Page 4 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 11, 2023 7.a. Consider approving ordinance amendments pertaining to Homestays and Short -Term Rentals - Sections 10-3-24, 10-3-25.1 and 10-3-205 of the Harrisonburg City Code Attachments: Memorandum - June 13, 2023 Option 1 - Prop. Amend. to Multiple Sec. of the ZO for STRs and Homestays Option 2 - Prop. Amend. to Multiple Sec. of the ZO for STRs and Homestays Memorandum Extract from Planning Commission Planning Commission Worksession Minutes 10-29-19 Spreadsheet of Master List of Short-Term Rental Special Use Permit Applications - Working Document Map of Short-term Rentals and Homestays Current ordinance reflecting recommended amendments (2022) Public Hearing notice (2022) PowerPoint presentation (2022) PC Memorandum PowerPoint presentation (updated) 7.b. Planning Commission Annual Report 2022 Attachments: Memorandum Planning Commission Annual Report 2022 Extract from Planning Commission 2022 Planning Commission Annual Report PowerPoint Presentation 7.c. Summary of City Application for History of Equal Rights Grant Opportunity Attachments: Memorandum PowerPoint Presentation 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. Closed Session 9.a. Closed meeting as authorized by the Virginia Freedom of Information Act, Virginia Code Section 22.2-3711(A) Subsection 1 for the discussion of personnel matters; 10. Adjournment City of Harrisonburg Page 5 Printed on 7/10/2023 City Council Meeting Agenda - Final-revised July 11, 2023 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 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 6 Printed on 7/10/2023

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