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AGENDA

City Council Regular Meeting

6:00 PM - Tuesday, July 27, 2021

Rouss City Hall Council Chambers

 

Page

 

1.

CALL TO ORDER AND ROLL CALL

 

 

2.

MOMENT OF SILENCE

 

 

3.

PLEDGE OF ALLEGIANCE

 

 

4.

APPROVAL OF MINUTES

 

 

 

4.1.

City Council - Regular Meeting

 

City Council Regular Meeting - Jul 13 2021 - Minutes - Pdf

6 - 13

 

 

4.2.

City Council - Work Session

 

City Council Work Session - Jul 13 2021 - Minutes - Pdf

14 - 26

 

5.

REPORT OF THE MAYOR

 

 

6.

REPORT OF THE CITY MANAGER

 

 

7.

REPORT OF THE CITY ATTORNEY

 

 

8.

COMMITTEE CHAIR REPORTS

 

 

9.

PUBLIC HEARINGS

 

 

 

9.1.

O-2021-23: Second Reading- AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 14, ARTICLE IV, SECTIONS 14-149 AND 14-150, AND ADD SECTION 149.1 OF THE WINCHESTER CITY CODE PERTAINING TO SPECIAL EVENT PERMITS (Requires Roll Call Vote)

Presenter: Judy McKiernan, Finance Committee/Dan Hoffman, City Manager

 

Council Action Memo - AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 14, ARTICLE IV, SECTIONS 14-149 AND 14-150, AND ADD SECTION 149.1 OF THE WINCHESTER C - Pdf

27 - 34

 

 

9.2.

O-2021-25: Second Reading- AN ORDINANCE TO APPROVE A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF WINCHESTER AND NEW CINGULAR WIRELESS PCS, LLC (Requires Roll Call Vote)

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Perry Eisenach, Public Services Director

 

Council Action Memo - An Ordinance to Approve a Non-Exclusive Franchise Agreement between the City of Winchester and New Cingular Wireless PCS, LLC - Pdf

35 - 49

 

 

9.3.

O-2021-26: Second Reading- ORDINANCE TO APPROVE A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF WINCHESTER, VIRGINIA AND TELEPORT COMMUNICATIONS AMERICA, LLC (Requires Roll Call Vote)

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Perry Eisenach, Public Services Director

 

Council Action Memo - ORDINANCE TO APPROVE A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF WINCHESTER, VIRGINIA AND TELEPORT COMMUNICATIONS AM - Pdf

50 - 65

 

 

9.4.

O-2021-27: Second Reading- TA-21-227 AN ORDINANCE AMENDING ARTICLE 10-2 AND 1-2 OF THE WINCHESTER ZONING ORDINANCE PERTAINING TO CONDITIONAL USES IN THE COMMERCIAL INDUSTRIAL DISTRICT AND DEFINITIONS. This privately sponsored amendment will establish a conditional towing yard use for the Commercial Industrial District. (Requires Roll Call Vote)

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Patrick Elwell, Interim Zoning Administrator

 

Council Action Memo - TA-21-227 AN ORDINANCE AMENDING ARTICLE 10-2 AND 1-2 OF THE WINCHESTER ZONING ORDINANCE PERTAINING TO CONDITIONAL USES IN THE CO - Pdf

66 - 73

 

 

9.5.

O-2021-28: Second Reading- AN ORDINANCE TO VACATE AN EXISTING WATER LINE EASEMENT AT SHENANDOAH UNIVERSITY (Requires Roll Call Vote)

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Perry Eisenach, Public Services Director

 

Council Action Memo - AN ORDINANCE TO VACATE AN EXISTING WATER LINE EASEMENT AT SHENANDOAH UNIVERSITY - Pdf

74 - 85

 

 

9.6.

O-2021-30: Second Reading- AN ORDINANCE TO AMEND AND REENACT CHAPTER 11 OF THE WINCHESTER CITY CODE TO IMPLEMENT CHANGES TO THE CITY’S GARBAGE AND REFUSE, RECYCLING, AND YARD WASTE COLLECTION SERVICES (Requires Roll Call Vote)

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Perry Eisenach, Public Services Director

 

Council Action Memo - AN ORDINANCE TO AMEND AND REENACT CHAPTER 11 OF THE WINCHESTER CITY CODE TO IMPLEMENT CHANGES TO THE CITY’S GARBAGE AND REFUSE,  - Pdf

 

 

 

 

86 - 111

 

 

9.7.

O-2021-31: Second Reading- AN ORDINANCE TERMINATING THE LOCAL STATE OF EMERGENCY AND CONTINUITY OF GOVERNMENT ORDINANCE ENACTED IN RESPONSE TO THE COVID-19 PANDEMIC (Requires Roll Call Vote)

Presenter: Scott Kensinger, Emergency Management Coordinator

 

Council Action Memo - AN ORDINANCE TERMINATING THE LOCAL STATE OF EMERGENCY AND CONTINUITY OF GOVERNMENT ORDINANCE ENACTED IN RESPONSE TO THE COVID-19 - Pdf

112 - 115

 

10.

PUBLIC COMMENTS

 

 

 

10.1.

Public Comments Received

 

City Council_public comment

Support for sustainable and eco-friendly city initiatives

environmental initiatives

116 - 118

 

11.

CONSENT AGENDA

 

 

 

11.1.

Motion to recommend the appointment of James Wilson as a full member to the Board of Zoning Appeals for a five-year term ending July 26, 2026.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

11.2.

Motion to appoint Jerry Stollings, Director of Juvenile Justice, to the Community Policy Management Team for a two-year term ending July 26, 2023.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

11.3.

Motion to approve the nomination request of Winchester Police Captain, Wally Stotlemyer, to the Winchester/Frederick County Local Emergency Planning Committee.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

11.4.

Motion to appoint Cheryl Beaudion-Stehlin to the Social Services Advisory Board for a four-year term ending July 26, 2025.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

11.5.

Motion to appoint David Andre as an alternate member to the Board of Zoning Appeals for a five-year term ending July 26, 2026.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

11.6.

Motion to appoint Susan MacDonald to the Shenandoah Area Agency on Aging for a four-year term ending on July 26, 2025.

Presenter: John Hill, Boards and Commissions Committee Chair

 

 

 

 

12.

AGENDA

 

 

 

12.1.

Motion to remove R-2021-27: A Resolution to Adopt the Policy of the Common Council Regarding Proposals for Naming or Renaming Certain Public Places, from the table.

 

 

 

 

12.2.

R-2021-27: A Resolution to Adopt the Policy of the Common Council Regarding Proposals for Naming or Renaming Certain Public Places

Presenter: Richard Bell, Planning and Economic Development Committee Chair/Tim Youmans, Planning Director

 

Council Action Memo - A Resolution to Adopt the Policy of the Common Council Regarding Proposals for Naming or Renaming Certain Public Places - Pdf

119 - 131

 

 

12.3.

State Hospital Closures Discussion

Presenter: Councilor Kim Herbstritt, Public Health and Safety Committee Chair/John Piper, Winchester Police Chief

 

State Hospital Closurers Letter

132 - 133

 

 

12.4.

R-2021-33: Resolution Approving Memorandum of Understanding with the Commonwealth of Virginia Regarding Allocation of Opioid Settlement Funds

Presenter: Melisa Michelsen, City Attorney

 

Council Action Memo - RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH THE COMMONWEALTH OF VIRGINIA REGARDING ALLOCATION OF OPIOID SETTLEMENT FUN - Pdf

134 - 174

 

 

12.5.

O-2021-29: First Reading- ORDINANCE TO AUTHORIZE THE ADDITIONAL APPROPRIATION OF FUNDS FOR NECESSARY EXPENDITURES FOR FISCAL YEAR 2022

Presenter: Dan Hoffman, City Manager

 

Council Action Memo - Ordinance to authorize the additional appropriation of funds for necessary expenditures for Fiscal Year 2022 - Pdf

175 - 204

 

13.

EXECUTIVE SESSION

 

 

 

13.1.

Motion to recess into closed session pursuant to Virginia Code Section 2.2-3711(A)(3) for discussion or consideration of the acquisition of real property for a public purpose, or the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. The subject matter of the closed session is the possible acquisition of real estate by the City for offices.

 

 

 

14.

ADJOURNMENT