City Council

May 27, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th day of May, 2014, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Straight called the meeting to order. Councilmembers present were: First District Robert D. (Bob) Gribben Second District Frank G. Yann Third District Deborah D. (Debbie) Seifrit Fourth District William H. (Bill) Burdick Fifth District Charles E. (Chuck) Warner Sixth District Daniel K. (Dan) Weber Seventh District Robert Garcia Eighth District Robin W. Smith Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Manager Jay Rogers City Clerk Janet L. Keller Finance Director Eileen Layman City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Gribben. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Special Meeting and Regular Meeting held on May 14, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Smith moved to approve the minutes as submitted for the May 14th Special Meeting. The motion was seconded by Councilmember Seifrit. The Mayor declared the minutes approved as submitted by voice vote of 1 Council. Councilmember Burdick moved to approve the minutes as submitted for the May 14th Regular Meeting. The motion was seconded by Councilmember Smith. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on May 19, 2014, a public hearing was convened to obtain citizen input on an ordinance to provide for a General Fund Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. Eileen Layman, Finance Director, spoke in favor of the proposed ordinance. She said this is the fourth and final budget revision for the general fund for the year. She then went over some of the highlights of the revision. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT, PROVIDING FOR THE REZONING OF THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, CONSISTING OF 0.3349 ACRES, MORE OR LESS, AND BEING PARCEL NO. 81 AND 81.1 OF MARION COUNTY, TAX MAP 01-10, SITUATE AT THE CORNER OF COUNTRY CLUB ROAD AND LOCUST AVENUE, SAID PARCEL BEING REZONED FROM NEIGHBORHOOD RESIDENTIAL TO MAIN CORRIDOR COMMERCIAL; AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on May 19, 2014, a public hearing was convened to obtain citizen input on an ordinance providing for the rezoning at the corner of Country Club Road and Locust Avenue, from Neighborhood Residential to Main Corridor Commercial. 2 The Mayor asked if anyone present desired to speak to the proposed ordinance. Kathy Wyrosdick, City Planner, spoke in favor of the proposed ordinances. She gave everyone a little history on this application. She said that in 2005, the City of Fairmont undertook a complete overhaul of their Comprehensive Plan and it took about 18 months to complete the plan and one of the major recommendations coming out of that plan was an overhaul of the Zoning Codes and that was completed in 2006 including a new Zoning Map. She said that all of the new zoning districts were renamed, recreated to adjust for a more flexible type of Zoning Code. She went on to say that during that overhaul and the rezoning all of the property in the City, we have found throughout the past couple of years that there were some minor corrections that needed to be made. He said that one similar to this, and that is what is before Council, and that is just a map correction but it has to be taken through the very same process as someone that was requesting a full rezoning of the property. She added that there was not so long ago a request for East Fairmont Junior High and that property was rezoned because when it was initially changed over to the new 2006 Zoning Code, it was missed and was not placed in an Educational District which is really what it was meant to be placed under so we made a decision and made a map correction but took it through the same process. The Planner went on to say that the same situation occurs for Leonard’s Service Station which is what is before Council tonight. She said that it was not until the property went up for sale and some inquiries from potential purchasers came into the office and they determined that the property was actually zoned Neighborhood Residential rather than Commercial or Main Corridor Commercial. Ms. Wyrosdick explained that upon review of the Comprehensive Plan and the future land use recommendations from that plan, it was determined that the intended use or the intended zoning for this property was, in fact, Main Corridor Commercial and not Neighborhood Residential but only for this piece of the property not for the residential that is on Fetty Avenue, right behind it. She noted that mirrors the current zoning that is on Anthony Chevrolet property and also on the Country Club Motel property as well. She stated that there is a consistency to the zoning that is being requested tonight and it is in compliance with the Comprehensive Plan. Ms. Wyrosdick said the public hearing was held by the Planning Commission on April 16th and at that time a number of residents did come and speak, but really it was more of a fact finding inquiry as to what the rezoning was going to do to their property and what it meant. She stated that their major concern was that there used to be an old driveway cut to Fetty Avenue behind the property and we wanted to make sure that any new development of that property did not open up that driveway and we assured them that any future development primarily would have to get 3 Conditional Use approval and they would, at that time, have an opportunity to come and review the proposed plans for any new development on that property and could speak to any concerns that they have when the property is developed. She went on to say that over those discussions that were held, the Planning Commission did recommend approval of the rezoning for City Council because it does meet all of the criteria that is required to be met in order to approve a rezoning and it is consistent with the Comprehensive Plan and will not be injurious to the adjacent property and it is in conformance with all of the recommendations of the City. Councilmember Weber asked when the Board of Zoning Appeals is going to meet on Fetty Street. Ms. Wyrosdick replied that will be scheduled for July because they did not meet with the June cutoff. She said that they are tentative scheduled for July for proposed new development with that property. She noted that it may be July 3rd. She mentioned that there is a new development proposed for complete redevelopment of that site and the proposal would be a Conditional Use and the neighbors would be advised and invited to attend the public hearing and learn more about the development. Councilmember Weber asked how we are going to recommend this. Ms. Wyrosdick told Council that they really have to look at the zoning and what the zoning is permitted. She noted that you are not rezoning for a specific use of the property. She stated that when you rezone a piece of property anything that is included is permitted by right or conditional use and could occur on that property. She mentioned that you don’t zone based on a proposed new development. She added that there are two very separate issues so you have to look at the zoning or what the zoning would permit because the proposal that we have before us for the car wash, that could end. Councilmember Weber stated that he was concerned about Fetty Street and coming out of Fetty Street turning left, you can’t do it. He said that he was wondering if we, as City Council, will take a stand on that later or just wait for the Board of Zoning Appeals. Ms. Wyrosdick said that there are some internal administrative tools that we have available to us beyond just the conditions that we can impose on a conditional use. She noted that we also have internal control with approval over not approving new curb cuts and that is done through our Public Works Department and she and Ron Miller have spoken about the driveway and he is not supportive of the driveway for the car wash or for anything else. She 4 said that in that respect, it is safe and just because it is a use permit does not mean that they automatically have authority to create any curb sets if they want to create. Councilmember Weber said that he just wants that to be clear. Ms. Wyrosdick said that the internal conversations that we have, staff is not supportive of the drive through for any reuse of that property regardless of what that is. She mentioned again that we have two tiers of review, Conditional Use and separately as an administrative review by our Public Works Director and if he doesn’t approve it, then it doesn’t happen. Stoney Quinto, Jr., co-owner of the eight parcels that S&S Auto Sales sits on. He said that his question would be to Mr. Rogers and Ms. Wyrosdick. He asked that when it was rezoned, in 2005 and 2006, it was listed as Neighborhood Residential on the map and there seems to be some confusion when he reads the staff report about it appears and believed it was intended for commercial uses so when you looked at it, prior to Ms. Wyrosdick being in that capacity, he is looking at the staff report dated April 10, 2014, it does mention this but it seems to him like it circumvents Section D and E of Article 1309.04 and then goes into the area that it appears and believes. He then said that he would like to hear an explanation of how you arrived and it moved along into this expedience of appears and believes. Mr. Rogers replied that he did not have the staff report in front of him nor does he have Article 1309 in front of him. He said that as spelled out in the ordinance and as Ms. Wyrosdick spoke to in the beginning that when they went back through the Comprehensive Plan and in particular the future land use map, which is part of the Comprehensive Plan, that the indication was there that the Planning Commission in 2005 intended and had conversations about that parcel of property being a commercial piece of property. Mr. Quinto said but it was zoned Neighborhood Residential on the map from Business “B”. Mr. Rogers said that could have been as she identified even earlier on about East Fairmont High School that there could have been an error in that. Mr. Quinto asked if Mr. Rogers would say that was the only error that has taken place in the Comprehensive Plan or would there be some other areas. The Manager said that he can only look at what he is looking at right now. Mr. Quinto noted that he had a reason for asking. 5 Mayor Straight said that in due respect that we need to stay on the subject of what we are addressing. Mr. Quinto said this question is for Ms. Wyrosdick, on her report it states that it appears, the report of April 10, 2014, how you established this criteria as it appears and that it was intended for commercial use. He ask how she arrived at that criteria, did you look at a map or you saw Business “B” then there was some confusion about the colorization or that it has always been used for that because when he sees this and she already stated that there has been no substantial changes to the area and it is believed that the intended future use for the property was for commercial business. He went on to say that intended to be Business “B” at the time in 2005 and you would have thought at that time it would have gone to Main Corridor Commercial so in other words apparently there was an error made at that time. Ms. Wyrosdick responded by saying that the future land use map and the Comprehensive Plan indicated that this property would be zoned business commercial and all of the other areas that was recommended for that type of future land use was subsequently rezoned for Main Corridor Commercial. She noted that piece was not because it was adjacent to an area recommended for residential and it appeared when the map was drawn that small portion of property was included as residential. Mr. Quinto stated that actually an error did occur from Business “B” to Neighborhood Residential. He then said that he thought he made his point very clear. He thanked Council for listening to him and said that he will have a future discussion. He then asked Rev. Meighen to make him a copy of this portion of the meeting because it may be helpful for future use, possibly in the Marion County Circuit Court. The Mayor told Mr. Quinto that was enough and thanked him for speaking. There being no one else to speak, the public hearing was called to a close at 7:20 p.m. ANNOUNCEMENTS IN RE: WELCOME COUNCILMEMBER YANN Councilmember Garcia extended a welcome to Councilmember Yann. 6 IN RE: SERVICEMEN AND WOMEN THANKED Councilmember Garcia thanked our servicemen and women that have sacrificed over the years to provide us with the freedom that we have today. IN RE: FSHS BASEBALL TEAM CONGRATULATED Councilmember Garcia extended congratulations to the FSHS Baseball team that will be playing in the regional championship for the right to go back to the State baseball championship. IN RE: PEPPERONI ROLL EATING CONTEST Councilmember Garcia mentioned that he was fortunate enough to be able to judge the pepperoni roll eating contest at the Three Rivers Festival. Mayor Straight announced that he also served as a judge and his guy won the contest. He said that his guy ate 31 pepperoni rolls in 10 minutes. IN RE: PAVING PROJECT Councilmember Warner stated that it was good to note that the paving project is going to get underway shortly. He also thanked Public Works for patching the potholes in his area. IN RE: CONNECTOR LIGHTS Councilmember Warner mentioned that he received positive comments for the Connector lights that are functioning. IN RE: UTILITY PAYMENT CENTER Councilmember Warner said that he was impressed with the progress on the new Utility Payment Center on East Side. He noted that this will be a big plus for the City. IN RE: WATER GENERATOR Councilmember Warner stated that he had the opportunity to see the new generator along the river and it was an impressive looking site for the water plant. 7 IN RE: THREE RIVERS FESTIVAL PARADE Councilmember Gribben thanked Mayor Straight for representing City Council in the Three Rivers Festival parade. IN RE: HONOR FLIGHT Councilmember Yann thanked and recognized the two Marion County residents, Aaron Hawkins and Butch Phillips, for the wonderful job they did in honoring the World War II Veterans with the Honor Flight. IN RE: POTHOLES ON PENNSYLVANIA AVENUE Councilmember Seifrit asked if there was any way to get the State to patch the potholes on Pennsylvania Avenue. IN RE: CLEANING OF CITY STREETS Councilmember Seifrit asked when the street sweeper will be out cleaning the streets. Mr. Rogers said that they will be back in neighborhoods soon. He mentioned that they have spent the last two weeks on the paving route and then they will get back to the neighborhoods. Councilmember Burdick noted that he also received some comments about when the street sweeping will be out in the neighborhoods. The Mayor then reminded Council to use the “Request for Service” forms for items that need the City’s attention. He noted that way the City and Councilmember will have a document with the action to be taken on that item. IN RE: NASCAR RACE Councilmember Burdick stated that he attended the NASCAR race in Charlotte, NC, and Shelly Moore Capito was the official starter on the flag stand. IN RE: WOODY WILLIAMS VFW POST 8 Mayor Straight reported that he got a chance to listen to Hershel “Woody” Williams at the VFW. He stated that the veterans renamed VFW Post 7048 in honor of Mr. Williams. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: PEPPERONI ROLL CONTEST Mr. Rogers thanked the Mayor and Councilmember Garcia for judging the pepperoni roll eating contest. He also thanked Country Club Bakery for providing the pepperoni rolls for the contest. He then mentioned that this year they actually won the professional bake off for the pepperoni rolls. IN RE: PAVING PROJECT The Manager said that Stone Paving is scheduled to be in town tomorrow to begin paving. He noted that if we get inclement weather tomorrow, they will at least begin milling some of the streets. IN RE: BAD BUILDING MEETING The City Manager reminded Council of the BAD Buildings training on Thursday, May 29th at 6:00 p.m. in the Al Babcock Room. IN RE: HOME RULE APPLICATION Mr. Rogers informed Council that the ordinance that authorized the filing of the Home Rule application became effective on Friday, May 23 rd. He said that staff is going through and putting together the requisite copies to the Development Office for the application. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND 9 Mayor Straight entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1619 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT, PROVIDING FOR THE REZONING OF THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, CONSISTING OF 0.3349 ACRES, MORE OR LESS, AND BEING PARCEL NO. 81 AND 81.1 OF MARION COUNTY, TAX MAP 01-10, SITUATE AT THE CORNER OF COUNTRY CLUB ROAD AND LOCUST AVENUE, SAID PARCEL BEING REZONED FROM NEIGHBORHOOD RESIDENTIAL TO MAIN CORRIDOR COMMERCIAL; AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT Mayor Straight entertained a motion for the adoption of an ordinance providing for the rezoning at the corner of Country Club Road and Locust Avenue from Neighborhood Residential to Main Corridor Commercial. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1620 was duly adopted. IN RE: ONE APPOINTMENT, FAIRMONT PARKING AUTHORITY, UNEXPIRED TERM TO END SEPTEMBER 30, 2015 Mayor Straight entertained a motion for one appointment to the Fairmont Parking Authority for an unexpired term to end September 30, 2015. 10 Motion: Councilmember Warner moved to appoint Michael Ragen to the Fairmont Parking Authority for an unexpired term to end September 30, 2015. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Michael Ragen appointed to the Fairmont Parking Authority for an unexpired term to end September 30, 2015 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Garcia. The Mayor declared the meeting adjourned by voice vote of Council at 7:36 p.m. 11