409 S. Main Street  
City of Harrisonburg  
Harrisonburg, VA 22801  
Meeting Minutes - Final  
City Council  
Tuesday, April 9, 2024  
7:00 PM  
Council Chambers  
1.  
Roll Call  
6 -  
4 -  
Present:  
Mayor Deanna R. Reed, Council Member Laura Dent, Vice-Mayor Laura Dent,  
Council Member Christopher B. Jones, Vice-Mayor Dany Fleming and Council  
Member Monica Robinson  
Also Present:  
City Manager Ande Banks, City Attorney Chris Brown, City Clerk Pam Ulmer and  
Chief Matthew Tobia  
2.  
3.  
4.  
Invocation  
Council Member Jones offered the invocation  
Pledge of Allegiance  
Mayor Reed led the Pledge of Allegiance  
Special Recognition  
Proclamation recognizing Arbor Day  
4.a.  
Vice Mayor Dent presented the proclamation to Jeremy Harold, Greenspace  
manager, Public Works, recognizing Arbor Day 2024. Mr. Harold thanked Council for  
their support in the Urban Forestry Program and introduced Brooke Imber, art  
teacher, Keister Elementary School. Ms. Imber spoke on the new outdoor learning  
spaces at Keister Elementary School.  
Proclamation recognizing May 2024 as National Cities, Towns, and Villages Month  
4.b.  
Council Member Jones read the proclamation recognizing May 2024 as National  
Cities, Towns and Villages Month. Mayor Reed stated the National League of Cities  
will be stopping in Harrisonburg for their Road Show Tour on April 17, 2024.  
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.  
follows:  
The motion carried with a roll call vote as  
6 -  
0
Yes:  
No:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
Minutes from the March 26, 2024 City Council Meeting  
5.a.  
5.b.  
These minutes were approved on the consent agenda  
Consider a request from Edwin E. Joya to rezone a portion of 705 and 707 North  
Main Street  
This rezoning request was approved on second reading.  
5.c.  
5.d.  
Consider adopting an ordinance amendment and reenactment for Sections 16-6-41,  
Discharge of Firearms within City Limits, and Section 16-6-42, Archery Season to  
Hunt Deer, of the Code of Ordinances, City of Harrisonburg  
This ordinance amendment was approved on second reading.  
Consider amending and reenacting Sec. 7-3-67. - Elevation of building sewer; lifting  
of sanitary sewage where building drain is too low; Sec. 7-4-9.- Adjustments for  
excessively high consumption, of the Harrisonburg City Code Sec. 7-5-2. - Watershed  
west of Rawley Springs - Hunting, Fishing, etc., allowed; exception; Sec. 7-5-3. -  
Same - Permit required for fishing.  
This ordinance amendment was approved on second reading.  
6.  
Public Hearings  
2024 CDBG Annual Action Plan  
6.a.  
Kristin McCombe, CDBG Program Manager, presented the 2024 CDBG Action Plan.  
She reviewed what the CDBG Program's history and what it is, the estimated  
allocation, rollover funding, the Housing and Property Improvement allocations, the  
Community and Public Facilities allocations, the Planning and Administration  
allocation, the Public Services allocations, and the schedule for the public comment.  
At 7:17 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 Monday, March 26,  
2024.  
Joyce Nussbaum, director of Senior Services, Valley Program for Aging Services  
(VPAS), thanked Council for their continued support including the support for Meals  
on Wheels. She explained how Meals on Wheels benefits many in the community,  
providing over 20,000 meals to 147 individuals in 2023.  
Panayotis “Poti” Giannakouros, spoke on CDBG Funding and the Community  
Development department.  
At 7:24 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
No action required  
Amendments to the 2020 and 2022 CDBG Action Plans  
6.b.  
Kristin McCombe, CDBG Program Manager, presented an amendment to the 2020  
and 2022 CDBG Action Plan. She reviewed the summary of the amendment and the  
amendment schedule. She stated the North Liberty Gateway Art project has begun  
with the fabrication of the art nearing its completion and we will start seeing the island  
foundation and the underlying infrastructure being installed.  
At 7:26 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, March 26,  
2024.  
There being no one desiring to be heard, Mayor Reed closed the public hearing at  
7:26 p.m., and the regular session reconvened.  
No action required  
Consider the FY2024-2025 through 2028-2029 Capital Improvement Program  
6.c.  
Adam Fletcher, director of Community Development, thanked all the staff involved in  
the FY 24/25 through FY 28/29 Capital Improvement Plan (CIP) that began in late July  
of 2024. He reviewed what the CIP is, what information is included on the project  
report forms, summary tables, total funds needed compared to total funds available  
chart, and the 5 year CIP requests by Department.  
He stated Planning Commission (6-0) recommended approval.  
Vice Mayor Dent spoke on the minutes from the Planning Commission meeting  
regarding sustainability by asset management practices.  
Mr. Fletcher stated  
sustainability within Public Utilities is met within asset management practices by  
getting the most out of every asset, constantly monitoring the asset, and noted energy  
usage is monitored.  
Council thanked Mr. Fletcher for this very important document.  
At 7:36 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 Wednesday,  
March 27, 2024 and Wednesday, April 3, 2024  
Panayotis “Poti” Giannakouros, spoke on the budget for Community Development  
and water usage of the poultry industry.  
At 7:40 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
A motion was made by Vice Mayor Dent, seconded by Council Member Robinson, to approve  
the FY 24/25 through FY 28/29 Capital Improvement Plan as presented.  
with a roll call vote as follows:  
The motion carried  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
6.d.  
Consider a request from Christian Genaro Rios Ochoa and Yazmin Sanchez Lopez  
for a special use permit to allow a convenience store at 206 and 210 Charles Street  
Adam Fletcher, director of Community Development, presented a request for a  
special use permit for property located at 206 & 210 Charles Street for  
a
Convenience Store in the M-1 zoning District. He reviewed the long term zoning for  
the area, the property, the history of the property, and the expected improvements.  
He stated staff and Planning Commission (4-0) recommended approval of this  
request.  
At 7:45 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 Wednesday,  
March 27, 2024 and Wednesday, April 3, 2024.  
Gil Colman, Colman Engineering, representative of applicant, reviewed the request to  
consolidate the property to one business.  
Council Member Robinson asked questions regarding the landscaping and parking  
that were not proffered. Mr. Colman stated it is not required but requested, and the  
applicant has been speaking with Public Works and is willing to do those things.  
Council Member Fleming asked if the applicant had applied for one of the city's  
landscaping grants. Mr. Colman stated he doesn't believe so, but it is a good idea.  
Panayotis “Poti” Giannakouros, spoke on a similar request at a previous Council  
meeting, zoning flexibility, parking and industrial traffic.  
At 7:55 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to approve  
the request as presented. The motion carried with a roll call vote as follows: :  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
6.e.  
Consider a request from Joshua K. Defnall, Sarah T. Defnall, Jimmy E. Defnall, and  
Lynne W. Defnall for a special use permit to allow a short-term rental at as 1088 and  
1094 College Avenue  
Adam Fletcher, director of Community Development, presented a request for a  
special use permit for property located at 1088 and 1094 College Avenue to allow for  
a Short Term Rental (STR) in the R-2 zoning district. He reviewed the zoning of the  
area, long term plans for the area, the property, suggested conditions, and the  
difference to STR's and Homestays.  
He stated staff and Planning Commission (4-0) recommended approval with the  
stated conditions.  
At 8:01p.m., Mayor Reed closed the regular session and called the fifth public hearing  
to order. A notice appeared in the Daily News-Record on on Wednesday, March 27,  
2024 and Wednesday, April 3, 2024.  
Joshua Defnall, applicant, reviewed the process they went through with building  
officials, and thanked Council for their consideration.  
Panayotis “Poti” Giannakouros, spoke in favor of this request and short term rentals.  
At 8:07 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to approve  
the request with conditions as presented. The motion carried with a roll call vote as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
6.f.  
Consider a request from Wampler Martin Properties for a special use permit to allow  
personal service establishments at 220 Reservoir Street  
Adam Fletcher, director of Community Development, presented a request for a  
special use permit for property located at 220 Reservoir Street to allow personal  
service establishments in the R-3 zoning district. He reviewed the long term plans for  
the area, the property, and the increased parking requirements.  
He stated staff and Planning Commission (4-0) recommended approval of this  
request.  
Council spoke on how this will help with all the issues of parking at the current  
location.  
At 8:11p.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,  
March 27, 2024 and Wednesday, April 3, 2024.  
Nicholas and Josh Swartz, applicants, stated this will be a great improvement for the  
business to expand.  
Panayotis “Poti” Giannakouros, spoke on this item and to how well Council handled  
the request.  
At 8:15 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
A motion was made by Council Member Jones, seconded by Council Member Robinson, to  
approve the request as presented. The motion carried with a roll call vote as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Vice-Mayor Fleming, Council  
Member Robinson and Council Member Jones  
0
No:  
6.g.  
Consider a request from Bismark LLC for a rezoning to amend proffers at 325 and  
335 North Liberty Street  
Adam Fletcher, director of community Development, presented a request for rezoning  
of property located at 325 and 335 N. Liberty Street (Sage Bird Ciderworks) to  
amend proffers related to parking. He reviewed the previous proffers and the proffer  
requested to be removed to allow for a food truck onsite, the long term plans for the  
area, and the property.  
He stated staff and Planning Commission (4-0) recommended approval of this  
request.  
At 8:35 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,  
March 27, 2024 and Wednesday, April 3, 2024.  
Zach Carlson, applicant, stated they intend to keep the existing parking less one spot  
for the food truck.  
Panayotis “Poti” Giannakouros, stated he was in favor of this request and spoke on  
zoning and land use issues in the city and car dependency.  
At 8:30 p.m., Mayor Reed closed the public hearing 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 roll call vote as follows:  
6 -  
0
Yes:  
No:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
6.h.  
Consider a request from S&K Contracting to add a new subsection to Section  
10-3-96 of the M-1, General Industrial District to allow mercantile establishments that  
supply parts and equipment for over the road tractors, their trailers, and heavy  
equipment  
Adam Fletcher, director of Community Development, presented a request for a  
zoning ordinance amendment to section 10-3-96 (21) adding a new subsection. He  
reviewed the amendment requested.  
He stated staff and Planning Commission (4-0) recommended approval of this  
request.  
At 8:35 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 Wednesday,  
March 27, 2024 and Wednesday, April 3, 2024.  
Seth Robert, representative for the applicant, stated this will allow the business to  
provide retail for truck parts, truck wash, etc. in the M-1 district.  
Panayotis “Poti” Giannakouros, spoke about the water usage and traffic for tractor  
trailers in the area.  
At 8:38 p.m., Mayor Reed closed the public hearing and the regular session  
reconvened.  
A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to approve  
the request as presented. The motion carried with a roll call vote as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
Recess  
At 8:41 p.m., Mayor Reed called the meeting into recess.  
At 8:48 p.m., Mayor Reed called the meeting back into session.  
7.  
Regular Items  
7.h.  
Consider approving the installation of Virginia Department of Transportation’s  
(VDOT) Highway Historical Marker commemorating Federal Judge John Paul, Jr.  
Mayor Reed requested agenda item 7.h. be moved in front of 7.a.  
Pria Dua and Elizabeth Kidd, seniors at Spotswood High School and Massanutten  
Regional Governor’s School, and Beau Dickenson, presented a request for a  
historical marker honoring Judge John Paul. They shared the background of this  
project, the community debut at Court Square, next steps, and noted both State and  
National support has been received. Mr. Dickenson stated both Ms. Dua and Ms.  
Kidd are inaugural winners of the Barbara Johns Youth Change Agent Award given by  
the Virginia Council of Social Studies.  
Council Member Fleming stated the showing at Court Square was very moving and  
professionally done.  
Council Member Robinson stated she hopes that Ms. Dua and Ms. Kidd have learned  
the importance of that by taking the time to hear the stories from the mouths of those  
that lived it, to feel it, and to be able to share it, how lifechanging it can be.  
Mayor Reed stated it is an opportunity for the younger generation to tell the stories of  
the elders and greatly appreciates what they have done.  
A motion was made by Council Member Robinson, seconded by Vice Mayor Dent, to approve  
the request as presented. The motion carried with a roll call vote as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
7.a.  
Receive findings from Planning Commission regarding City Code Section 10-1-6 and  
whether the proposed Fire Station #5 public facility site at 450 Mt. Clinton Pike is in  
substantial accord with the Comprehensive Plan  
Adam Fletcher, director of Community Development, presented a review of 450 Mt.  
Clinton Pike, related to Fire Station #5 per Virginia Code Section 15.2-2232.  
He stated staff and Planning Commission (4-0) stated it is compliance with the  
Comprehensive Plan.  
A
motion was made by Vice-Mayor Dent, seconded by Council Member Robinson, that the  
findings be accepted and the parcel for Fire Station #5 is in accord with the Comprehensive  
Plan. The motion carried with a recorded roll call vote taken as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
7.b.  
Consider a request from Daniel R. and Naomi R. Shenk, Harrisonburg Cohousing  
LLC, and Brenda G. Castello & Ted A. Morris to preliminarily subdivide three parcels  
addressed as 1816 and 1820 Country Club Road, and 640, 650, 660, 670, 680, 690,  
700, 710 and 730 Keezletown Road  
Adam Fletcher, director of Community Development, presented a preliminary plat  
with subdivision ordinance variances for Tuscan Village located on Country Club  
Road and Keezletown Road.  
He reviewed the long term plans for the area,  
preliminary site plan, and the requested variances.  
He stated staff and PC (4-0) recommended approval of the request with the following  
condition:  
·
The developer shall install a raised crosswalk (or similar infrastructure as  
accepted by the Department of Public Works) in the location as generally  
depicted on the preliminary plat to serve pedestrians and to serve as a traffic  
calming measure. The design of the accepted infrastructure requires approval  
by the Department of Public Works.  
Council Member Fleming spoke on the speed limits and traffic calming measures for  
the development.  
A motion was made by Vice Mayor Dent, seconded by Council Member Fleming, to approve  
the request with conditions as presented.  
follows:  
The motion carried with a recorded vote as  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
7.c.  
Consider a request from PRR 1 LLC to rezone 1211, 1225, 1245 & 1261 Port  
Republic Road  
Chris Brown, city attorney, stated at the March 26, 2024, City Council meeting a  
motion to approve failed on this public hearing item, however, this item is still  
outstanding since a motion for denial was not provided.  
He stated both 7c and 7d can be discussed together.  
Vice Mayor Dent spoke on revisions to the density that seemed to have been a  
concern previously.  
Council Member Jones and Council Member Robinson spoke on reasons why they  
initially voted against this request and why they are in favor of it now.  
Mayor Reed spoke on her reasons why she voted against the request originally.  
Council Member Fleming spoke on his reasons why he approved the request  
originally.  
A motion was made by Vice Mayor Dent, seconded by Council Member Robinson, to approve  
the rezoning request as presented. The motion carried with a recorded vote as follows:  
5 -  
Yes:  
Council Member Dent, Vice-Mayor Dent, Council Member Jones, Vice-Mayor  
Fleming and Council Member Robinson  
1 - Mayor Reed  
No:  
7.d.  
Consider a request from PRR 1 LLC for a special use permit to allow townhomes at  
1211, 1225, 1245 & 1261 Port Republic Road  
Vice Mayor Dent spoke on the revisions made to the density for this special use  
permit request.  
Discussion took place amongst Council regarding the decrease in density. Mr. Rhea,  
representative for the applicant, explained that the developer agrees with the  
decrease in density and is an acceptable condition.  
A motion was made by Vice Mayor Dent, seconded by Council Member Robinson, to approve  
the request as presented with the condition of townhouses with no more than six units per  
building. The motion carried with a recorded vote as follows:  
5 -  
Yes:  
Council Member Dent, Vice-Mayor Dent, Council Member Jones, Vice-Mayor  
Fleming and Council Member Robinson  
1 - Mayor Reed  
No:  
7.e.  
Consider approving the write-off of 128 Utility Bills from January 1, 2022 through  
December 31, 2022  
Chris Brown, city attorney, presented a request to approve the write-off of 128  
delinquent public utilities accounts between January 1, 2022, and December 31st,  
2022, in the amount of $26119.27 or .11% of total billings for that period. He stated  
there will still be collection activities for these accounts, the extensive work the Public  
Utilities staff puts into keeping accounts out of delinquency, and the amazing work the  
staff does.  
A motion was made by Council Member Fleming, seconded by Council Member Robinson, to  
approve the request as presented. The motion carried with a recorded vote as follows:  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
Presentation on the proposed FY 2024-25 Budget  
7.f.  
Ande Banks, city manager, presented the proposed FY25 Budget. He reviewed the  
Council's 2043 Vision, the budget preparation process, the focus of the proposed  
budget, budget development challenges, budget highlights, new full time positions,  
civic and community organizations grant funding recommendations, tax and fee  
recommendations, population estimates, all fund expenditures, general fund revenue  
and expenditures, city schools budget highlights, budget calendar and the website link  
for the Budget in Brief.  
Council advised staff to advertise proposed tax increase knowing that the increase  
could go down if Council sees fit during the budget process.  
sessions will be scheduled at a later date.  
Council agreed work  
This Presentation was received and filed.  
7.g.  
Consider adopting  
Administrator  
a
resolution appointing Thanh Dang as Interim Zoning  
Chris Brown, city attorney, stated the current zoning administrator, Evan Winkler, has  
resigned from his position. He stated this resolution allows the deputy director of  
Community Development, Thanh Dang, to be the interim zoning administrator until the  
position can be filled.  
A
motion was made by Council Member Fleming, seconded by Vice Mayor Dent, to adopt  
the resolution as presented. The motion carried with a recorded vote as follows:  
6 -  
0
Yes:  
No:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
8.  
Supplementals  
8.a.  
Consider a supplemental appropriation in the amount of $150,000 for the Fire  
Department  
Ande Banks, city manager, presented a supplemental appropriation in the amount of  
$150,000 for grant funds from the Virginia Department of Emergency Management,  
he stated the Harrisonburg Fire Department is proposing to use those funds for  
moveable barricades.  
A motion was made by Council Member Robinson, seconded by Council Member Fleming, to  
approve the supplemental appropriation request as presented.  
recorded vote as follows:  
The motion carried with a  
6 -  
Yes:  
Mayor Reed, Council Member Dent, Vice-Mayor Dent, Council Member Jones,  
Vice-Mayor Fleming and Council Member Robinson  
0
No:  
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, spoke of his living history in the city, the Stormwater  
Advisory Committee, public comment, and No Mow May.  
9.b. City Council and Staff  
Council Member Fleming spoke on the Welcoming Harrisonburg Immigrant Refugee  
Leadership Summit, the visit of Kosovo’s Mayor, the Blacks Run Cleanup Day.  
Council Member Robinson spoke on the International Women’s Day planning  
committee presented at the Welcoming Harrisonburg Immigrant Refugee Leadership  
Summit, the Community Criminal Justice Board meeting,  
Vice Mayor Dent spoke on the Environmental Performance Standards Advisory  
Committee (EPSAC) meeting, the visit of the Mayor from Prizren, Kosovo, the  
upcoming Bike/Walk Summit, Blacks Run Clean Up and Arbor Day, and Earth Day  
event.  
Council Member Jones stated he hopes the Council Chambers is full as the FY 25  
Budget is discussed over the next few weeks.  
Mayor Reed speaks about the Inauguration of Dr. Mike Davis, her meeting with  
Senator Ghazala Hashmi, the visit of the Mayor from Prizren, Kosovo, and the  
Welcoming Harrisonburg Immigrant Refugee Leadership Summit.  
Chris Brown, city attorney stated that Judge John Paul, Jr. once served as the  
attorney for the city of Harrisonburg.  
10.  
Boards and Commissions  
Planning Commission  
10.a.  
This Boards and Commissions was tabled.  
Stormwater Advisory Committee (SWAC)  
10.b.  
A
motion was made by Council Member Fleming, seconded by Vice Mayor Dent, to  
reappoint Daniel Stone and Daniel Michael and appoint Kent O’donohue and Chelsea  
Thomas to the Stormwater Advisory Committee. The motion carried with a unanimous voice  
vote.  
Clerk’s Note:  
2024, and Mr. Michael resigned prior to this meeting.  
valid – for Mr. Daniel Stone for a full 1st term to expire on April 28, 2027.  
Mr. O’donohue and Ms. Thomas were previously appointed on February 13th,  
Therefore, only one reappointment  
11.  
Adjournment  
At 10:22 p.m., there being no further business and on motion adopted, the meeting  
was adjourned.  
________________________  
CITY CLERK  
________________________  
MAYOR