Harrisonburg City Council Meeting - April 9, 2024

The Harrisonburg City Council met on Tuesday, April 9, 2024, at 7:00 PM in Council Chambers, and adjourned at 10:22 PM. Mayor Deanna R. Reed presided, with six council members present. The agenda included special recognitions, a consent agenda, eight public hearings, a budget presentation, and appointments. Unless otherwise noted, votes were unanimous.

Consent Calendar

• Approved the minutes of the March 26, 2024 City Council meeting; approved on second reading the rezoning of a portion of 705 and 707 North Main Street (Edwin E. Joya); adopted ordinance amendments concerning discharge of firearms/archery season and sewer elevation/consumption adjustments/watershed fishing rules (items 5.a-5.d). Motion carried 6-0.

Special Recognitions

• Arbor Day Proclamation: Presented by Vice Mayor Dent to Jeremy Harold, Greenspace manager. Brooke Imber, art teacher at Keister Elementary, highlighted a $30,000 forestry grant creating three outdoor learning spaces, with a grand opening for the "Mindfulness Meadow" on May 8 at 6 p.m. Keister will celebrate Arbor Day on April 13 by planting 30 trees.
• National Cities, Towns, and Villages Month Proclamation: Read by Council Member Jones, recognizing May 2024; Mayor Reed noted the National League of Cities Road Show Tour will stop in Harrisonburg on April 17.

Public Hearings

Public hearings were held from 7:17 p.m. to 8:38 p.m., followed by a recess from 8:41 p.m. to 8:48 p.m.

• 6.a 2024 CDBG Annual Action Plan (no action required): Program Manager Kristin McCombe presented an estimated allocation of $500,000 plus $136,286.37 in rollover funds, for an estimated total of $636,286.37. Recommended funding included $139,700 for Habitat for Humanity Critical Home Repair, city projects (ADA sidewalk at Hillendale Park, Ralph Sampson Park trail paving, South Liberty Street sewer line), and four public services projects subject to the 15% cap (estimated $75,000). The 30-day public comment period runs through May 10 at 9 a.m. No action was required.
• 6.b Amendments to 2020 and 2022 CDBG Action Plans (no action required): McCombe explained that completed, under-budget Vine Street projects freed federal CDBG funds to pay for the North Liberty Gateway Art project foundation and infrastructure. No action was required.
• 6.c FY2024-25 through FY2028-29 Capital Improvement Program (approved 6-0): Community Development Director Adam Fletcher reviewed the CIP process, project thresholds ($50,000+), priority codes, and five-year requests. Planning Commission recommended approval 6-0. Motion approved 6-0.
• 6.d Special use permit for convenience store at 206/210 Charles Street (approved 6-0): Fletcher presented the M-1 request; staff and Planning Commission recommended approval 4-0. Council Member Robinson asked about non-proffered landscaping; applicant representative said the applicant was willing and had spoken with Public Works. Approved 6-0.
• 6.e Special use permit for short-term rental at 1088/1094 College Avenue (approved 6-0): Fletcher noted the home is in R-2 and the accessory structure would have three accommodation spaces for no more than six guests. Conditions included using only the detached structure, completing a pre-operation form, four off-street parking spaces, and a nuisance-review provision. Staff and PC recommended approval 4-0. Approved with conditions 6-0.
• 6.f Special use permit for personal service establishments at 220 Reservoir Street (approved 6-0): Fletcher presented the R-3 request for relocation of Alley Cat Tattoo; staff and PC recommended approval 4-0. Approved 6-0.
• 6.g Rezoning/proffer amendment for Sage Bird Ciderworks at 325/335 N. Liberty Street (approved 6-0): Fletcher explained the request to remove a parking proffer so a food truck can remain on site; staff and PC recommended approval 4-0. Council Member Jones said the city should not allow operations out of compliance. Approved 6-0. (Minutes contain a time discrepancy: the hearing was called at 8:35 p.m. and is recorded as closing at 8:30 p.m.)
• 6.h M-1 zoning ordinance amendment for truck-parts mercantile establishments (approved 6-0): Fletcher presented adding subsection 21 to allow mercantile establishments supplying parts/equipment for over-the-road tractors, trailers, and heavy equipment as a by-right use. Staff and PC recommended approval 4-0. Approved 6-0.

Public Comments & Testimony

• Item 6.a: Joyce Nussbaum, director of Senior Services at Valley Program for Aging Services, thanked the city for Meals on Wheels support, stating the program provided over 20,000 meals to 147 individuals in 2023, a 9.3% increase. Panayotis “Poti” Giannakouros voiced concerns that the city is not ready to accept federal funds, alleging inadequate disparate-impact assessments and citing tall-grass enforcement and zoning processes.
• Item 6.c: Poti Giannakouros criticized Community Development budget growth and raised water-use concerns related to the poultry industry.
• Item 6.d: Gil Colman, representing the applicant, supported the convenience store request and described consolidation and safety improvements. Poti Giannakouros called for zoning flexibility and noted a previous similar case.
• Item 6.e: Applicant Josh Defnall described working with city building officials on the accessory structure. Poti Giannakouros supported the application as an example of accessory dwelling flexibility.
• Item 6.f: Applicants Nicholas and Josh Swartz spoke in support, saying the move allows them to own their building and improves the business. Poti Giannakouros praised council’s handling of the item.
• Item 6.g: Applicant Zach Carlson said he intends to keep existing parking and values the space for the food truck and cultural events. Poti Giannakouros raised concerns about eliminating parking and car dependency and suggested a broader zoning discussion.
• Item 6.h: Seth Roderick, representing the applicant, supported the M-1 amendment as aligning heavy-truck uses. Poti Giannakouros questioned water use and truck-wash impacts.
• Non-agenda public comment: Poti Giannakouros discussed living history in Harrisonburg, criticized the Stormwater Advisory Committee’s public participation, promoted No Mow May, and invited the public to Blacks Run Cleanup Day.

Discussion Items

• 7.h VDOT Historical Marker for Federal Judge John Paul, Jr. (approved 6-0): Pria Dua, Elizabeth Kidd, and Beau Dickenson presented the student-led "Knocking Down Walls" research project and marker proposal for the federal courthouse. They noted support from state and national officials and that the students are inaugural winners of the Barbara Johns Youth Change Agent Award. Council praised the project and approved installation. (Agenda item 7.h was moved before 7.a.)
• 7.a Fire Station #5 Comprehensive Plan finding (accepted 6-0): Fletcher reported that staff and Planning Commission found the 450 Mt. Clinton Pike site is in substantial accord with the Comprehensive Plan per Code of Virginia §15.2-2232. Motion accepted 6-0.
• 7.b Preliminary subdivision for Tuscan Village (approved 6-0): Fletcher presented the preliminary plat at Country Club Road and Keezletown Road, including 54 multifamily units in nine buildings, 57 townhome lots, one duplex structure, one single-family parcel, and requests for variances such as reduced street widths and a sidewalk exception. Staff and PC recommended approval 4-0 with a condition to install a raised crosswalk for pedestrians and traffic calming. Council Member Fleming discussed speed limits and traffic calming. Approved with conditions 6-0.
• 7.c PRR 1 LLC rezoning at 1211/1225/1245/1261 Port Republic Road (approved 5-1): City Attorney Chris Brown explained that the earlier failed motion to approve did not constitute denial, so the item remained outstanding. Discussion addressed density, traffic on Port Republic Road, and housing pipeline; Council Members Robinson, Jones, and Mayor Reed explained their earlier no votes and changed positions. Mayor Reed voted no. Approved 5-1.
• 7.d PRR 1 LLC special use permit for townhomes at the same property (approved 5-1): The motion included a condition limiting townhouse buildings to no more than six units per building. Applicant representative Mr. Rhea said the developer agreed the density decrease is acceptable and would not harm the project’s economics. Council Member Fleming expressed confusion about reducing density after initially voting yes. Approved 5-1 with Mayor Reed voting no.
• 7.e Write-off of 128 utility bills (approved 6-0): Brown presented the write-off for Jan. 1-Dec. 31, 2022, totaling $26,119.27, or 0.11% of total billings. Collection efforts will continue. Approved 6-0.
• 7.f FY 2024-25 Budget presentation (received and filed): City Manager Ande Banks presented a proposed $404 million all-funds budget. Highlights included an 8-cent real estate tax rate increase (from 96 cents to $1.04 per $100 assessed value), full funding of the school division's $6.6 million increase ($4.2 million for Rocktown High School), $5 million toward future municipal building renovation, $1.5 million to staff/equip Fire Station #5, raising the city's health insurance employer contribution from 75% to 78%, and several new public safety positions. Council advised staff to advertise the proposed tax increase while noting it could be lowered during budget deliberations. Work sessions will be scheduled later.
• 7.g Resolution appointing Thanh Dang as Interim Zoning Administrator (adopted 6-0): Brown stated Evan Winkler had resigned; Dang, deputy director of Community Development, will serve until the position is filled. Adopted 6-0.
• 8.a $150,000 Fire Department supplemental appropriation (approved 6-0): Banks explained the funds came from a Virginia Department of Emergency Management grant and would purchase movable barricades for special events. Approved 6-0.

Boards and Commissions

• Planning Commission: Three applicants were considered for one vacancy; appointment was tabled because one council member could not reach the third applicant.
• Stormwater Advisory Committee (SWAC): Motion carried unanimously to reappoint Daniel Stone and Daniel Michael and appoint Kent O'Donohue and Chelsea Thomas. Clerk’s note recorded that O'Donohue and Thomas had already been appointed Feb. 13, 2024, and Michael resigned before the meeting, so only Stone's reappointment was valid, for a term expiring April 28, 2027.

Key Outcomes

• All consent calendar items approved 6-0.
• All public hearing items approved 6-0 unless otherwise noted; 7.c and 7.d were approved 5-1 with Mayor Reed dissenting.
• FY 2024-25 budget presentation received and filed; council directed staff to advertise the proposed 8-cent tax increase.
• Thanh Dang appointed Interim Zoning Administrator; $150,000 Fire Department supplemental appropriation approved.
• Planning Commission appointment tabled; SWAC appointments approved.