City Council

REGULAR MEETING JUNE 17, 2014: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, June 17, 2014 at 7:00 p.m. PRESENT: City Manager Jeff Mikorski, City Attorney Steve Fanok, City Clerk Linda Little, Mayor Jenny Selin and Council Members: Ron Bane, Bill Kawecki, Wes Nugent, Marti Shamberger, Mike Fike, and Nancy Ganz. The Meeting was called to order by Mayor Selin. APPROVAL OF MINUTES: The minutes of the regular meeting of June 3, 2014 were approved as corrected. CORRESPONDENCE: Chief Preston announced that the Morgantown Police Department was one of the top agencies in the State for enforcement of DUI offenders. Officer Dull, Officer Viola, Officer Murphy, Officer Poremba, and Officer Patterson were recognized for being five of the top fifty-two Officers in the State for being “Top Enforcers” for DUI offenders. Also, Chief Preston announced that due to the 340 arrest made this past year the Police Department received a grant in the amount of $3,000 from the Government Highway Safety Program and the money will go towards highway safety equipment to further enhance DUI enforcement and traffic safety. Chief Preston stated that this is the second year in a row that they have received such honor. Mayor Selin presented Terry Hough with a proclamation giving thanks for her service to Morgantown for 26 years. PUBLIC HEARING – AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTION 752.02 OF ITS CITY BUSINESS AND TAXATION CODE, AS THE SAME APPLIES TO SPARKLER AND NOVELTY REGISTRATION BUSINESS REGISTRATION. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING – AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2014-2015. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING – AN ORDINANCE AMENDING SECTIONS III-1(B) (LONGEVITY PAY), III- 3(B) (SHIFT DIFFERENTIAL), AND III-4 (HAZARDOUS DUTY PAY) AND ADDING III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH. There being no appearances, Mayor Selin declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AMENDING SECTION 752.02 OF ITS CITY BUSINESS AND TAXATION CODE: The below entitled ordinance was presented for second reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTION 752.02 OF ITS CITY BUSINESS AND TAXATION CODE, AS THE SAME APPLIES TO SPARKLER AND NOVELTY REGISTRATION BUSINESS REGISTRATION. After explanation from City Manager, Jeff Mikorski, motion by Shamberger, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION: The below entitled ordinance was presented for second reading. AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2014-2015. After explanation from City Manager, Jeff Mikorski, motion by Bane, second by Shamberger, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING AND ADDING SECTIONS OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN: The below entitled ordinance was presented for second reading. AN ORDINANCE AMEDING SECTIONS III-1(B) (LONGEVITY PAY), III-3(B) (SHIFT DIFFERENTIAL), AND III-4 (HAZARDOUS DUTY PAY) AND ADDING III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH. 1  After explanation from City Manager, Jeff Mikorski, motion by Nugent, second by Fike, to adopt the above entitled Ordinance. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk reported under her report and requested the following appointments. By acclamation Helene Friedberg, Elizabeth Finklea, and Rosalyn Becker were reappointed to Sister Cities Commission. Amelia Garcia and Zhengjun Wang are newly appointed members of Sister Cities Commission. The Urban Landscape Committee by acclimation reappointed Kara Hurst as chair of Urban Landscape Commission and appointed Diane Tominga to serve in second ward position. PUBLIC PORTION: Brian McAllister, 349 Cobun Avenue, stated that he represented Safe Streets Morgantown. On the group’s behalf, Mr. McAllister read a proposed ordinance regulating heavy truck traffic in the downtown area and asked that it be made part of record in its entirety. He stated that our downtown business district is detrimental to the health and vitality of nearby neighborhoods as well as the downtown business district itself. He expressed that he and Mr. Evan Hansen will attend the Committee of the Whole Meeting on June 24, 2014, so that Council can make inquiry on this topic as they see fit. (Exhibit A Attached) Bob Milvet, 105 Forest Drive, stated that he is not in opposition of the annexation that has been brought forth to Council; he is in opposition of the storm water management project that relates to the annexation. He briefly addressed his top five concerns on why he opposes project and concluded his point by stating that he asks Council to please hear his concerns and the concerns of others who oppose this project and annexation process for the sake of a better solution for the entire community. (Exhibit B Attached) SPECIAL COMMITTEE REPORTS: On behalf of BOPARC, Councilor Ganz announced that Sundays are discount days at Marilla and Krepps Pools for groups of four at a cost of $15. She stated that you can have a group up to six people with each additional person at a cost of $2 to make the total cost of six people $19. She noted that slides will still cost $3 in addition to the discount. Councilor Ganz also announced that Krepps Pool hosts a water play program on select Mondays from 10 a.m. to 11:45 a.m. prior to the pool opening at 12 p.m. and the cost for that will be $5. She also noted to visit Boparc.org for schedules and updates. NEW BUSINESS: AN ORDINANCE REPEALING SECTION 155.05 OF ITS ADMINISTRATIVE CODE: The below entitled Ordinance was presented for first reading. AN ORINANCE BY THE CITY OF MORGANTOWN REPEALING SECTION 155.05 OF ITS ADMINISTRATIVE CODE, AS THE SAME APPLIES TO BONDING REQUIREMENTS FOR MEMBER OF THE MORGANTOWN PARKING AUTHORITY. After explanation from City Manager, Jeff Mikorski, motion by Bane, second by Fike, to pass the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT THAT APPLIES TO WEST RUN PASSIVE TREATMENT INSTALLATION PROJECT: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN IT AND WEST VIRGINIA RESEARCH CORPORATION ON BEHALF OF WEST VIRGINIA UNIVERSITY AS THE SAME APPLIES TO THE FUNDING OF THE CITY’S WEST RUN PASSIVE TREATMENT INSTALLATION PROJECT AT THE MORGANTOWN MUNICIPAL AIRPORT. After explanation from City Manager, Jeff Mikorski, and discussion, motion by Bane, second by Fike to pass the above entitled Ordinance to second reading. Motion carried 7-0. A RESOLUTION APPROVING MORGANTOWN MUNICIPAL AIRPORT FUNDS 2014- 2015: The below entitled resolution was presented for first reading and adoption. A RESOLUTION APPROVING THE 2014-2015 BUDGET FOR THE MORGANTOWN MUNICIPAL AIRPORT FUND AND AIRPORT IMPROVEMENT FUND. After explanation from City Manager, Jeff Mikorski, and discussion, motion by Kawecki, second by Bane, to adopt the above entitled Resolution. Motion carried 7-0. CITY MANAGERS REPORT: 2  NEW BUSINESS: 1. Capital Escrow Budget Revision #7 Mr. Mikorski stated that there were three projects that needed to be clarified and revised in the Capital Escrow fund based on revenues and expenditures that are expected for the projects: 1. Metropolitan Theater Motorized Rigging project Grant 2. Urban Forestry Grant 3. Morgantown Market Place After explanation from City Manager, Jeff Mikorski, and discussion, motion by Ganz, second by Bane. Motion carried 7-0. REPORT FROM CITY CLERK: City Clerk reported under her report and requested the following appointments. By acclamation Helene Friedberg, Elizabeth Finklea, and Rosalyn Becker were reappointed to Sister Cities Commission. Amelia Garcia and Zhengjun Wang are newly appointed members of Sister Cities Commission. The Urban Landscape Committee by acclamation reappointed Kara Hurst as chair of Urban Landscape Commission and appointed Diane Tominga to serve in second ward position. REPORT FROM CITY ATTORNEY: Mr. Fanok corrected Terry Hough’s years of service from 17 years to 26 years. REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane stated that he attended the Planning Commission Meeting held on June 12, 2014 and it was a marathon. He noted that the meeting was five hours long and wanted to thank those who serve on the Planning Commission because it was a tough night and had to take a lot in from both sides. Councilor Bane stated that the Planning Commission did vote against the proposed eleven story building and would hope that the City of Morgantown does not project that we are not welcoming to outside ideas. He noted that there is a lot of opportunity at different sites specifically the site off of University across from the bus depot as it would be more suitable for the eleven story building. Councilor Bane reiterated that the Council members really do appreciate the time and effort that the Planning Commission has put in and wanted to publicly say that we are not neigh sayers; we are just very cautious and want to move forward in a positive way. Councilor Kawecki: No Report Councilor Nugent: Councilor Nugent announced that there will be a Wiles Hill - Highland Park Neighborhood Association meeting and will meet on June 18, 2014 at 7 p.m. and also the meeting will fall in line with an open neighborhood forum that will be discussing the blue curb parking issue in the neighborhood and also noted that city staff will be on hand at the meeting. Councilor Nugent reviewed parking issues due to the new construction of University Place on University Avenue. Councilor Nugent received two complaints with one being that the grass is quite tall at the old armory and would like to see that issue be addressed. Secondly, he is still receiving complaints on the timing of the Campus Drive and Beechurst light. He expressed that he notified the Division of Highways on the issue and also informed them that the lack of maintenance on Beechurst needs to be addressed since it is a State route. Councilor Nugent stated that he wanted to give kudos to the new Streets and Public Works employee, Casey Osborne, and Police Officer Bennett, for providing such outstanding 3  service to our community and taking on the role of ambassadors for the downtown community. Councilor Nugent expressed his appreciation to the City Clerk, Linda Little, for implementing the process of updated agendas and minutes from Boards and Commissions. He also noted that he appreciated the Chairs, Boards and Commissions for keeping the public informed of such meetings. Councilor Nugent announced that it was National Small Business Week and encouraged the public to shop local. Councilor Shamberger: Councilor Shamberger reminded the public that the Farmer’s Market will be held Saturday June 21st from 8:30 a.m. to 12:00 p.m. on the corner of Spruce and Fayette Street. She also announced that Young Eagles Day will be held at the Morgantown Municipal Airport Saturday, June 21st and registration will begin at 8:00 a.m. Flights around Morgantown will then start at 10:00 a.m. and run until 4:00 p.m. Councilor Shamberger announced on June 28th there will be a tour hosted by George Longenecker at the Botanical Gardens located at 1061 Tyrone Road. The Tour will start at the lower level parking area and will run from 9:30 a.m. to 11:00 a.m. Councilor Shamberger thanked the street crews for their hard work in patching up the potholes and also inquired to see if the City Manager knew when the State will be painting lines on Willey Street and University Avenue. The City Manager responded and said that he will contact the State to see if they have any dates for the lines. She also inquired to see if the proposed Heavy Truck Traffic Ordinance will be put on the Agenda for the Committee of the Whole Meeting on June 24, 2014. By acclamation the item was moved to the Committee of the Whole under Presentation. Councilor Fike: Councilor Fike stated that he enjoyed the Corporate Cup this year and also appreciated the city staff that was involved. He also announced that the Greenmont Neighborhood Association will be having its annual block party on June 28th from 4:00 p.m. to 7:00 p.m. and the Norwood Neighborhood will be hosting their block party at the Norwood Fire Station on July 12th at 6:00 p.m. Councilor Fike stated that he speaks as an individual who, at this point in his life, has no direct connection to WVU, unless you count the OLLI participation that means so much to him. All of his immediate family did, however, achieve degrees at WVU and we are loyal Mountaineers. Councilor Fike expressed that he daresay that this Council would not be compromised of the seven of us here this evening if it hadn’t been for WVU and cannot disagree with the fact that open, upfront, early consultation, collaboration, and planning are vital to progress. He stated that growth is not achieved without facing some issues and that we should be very thankful this evening that we have that problem. Councilor Fike asked the question, how many cities and towns in our state would gladly trade places with us and yes, we face traffic snarls, yes we complain about Grumbien’s Island but would much rather hear complaints about slowness of moving through town than see the anguish of people leaving town because loss of industry and employment options. He stated that we simply don’t have those problems, unlike so many other cities and towns, and he credits WVU in large part of that. Councilor Fike expressed that if 4  we have a thousand more students, that ciphers into hundreds more professionals to teach them, house them, feed them, provide merchandise for them and yes that brings more into our downtown to party but will most likely participate in other activities in our downtown area as well and also bring Mom and Dad to one of our many restaurants or unique shops that we have downtown. Councilor Fike noted while it would have been courteous and respectful to include the city in any and all WVU projects, he is not convinced that anything would have turned out any differently. He also asked why are we finding fault with the very institution that makes Morgantown great and we also made the top ten lists of small cities in practically every category there is. Councilor Fike stated that the issue of public/private partnerships aside, for the moment, the products of those partnerships, we must admit, are impressive and will add beauty and esthetic value to our city. He noted that the buildings are architecturally pleasing and include commercial space that we have yearned for and promised the voters a little over a year ago that there will be more business growth. Councilor Fike stated that he is one of the 20% of the people who depend on pedestrian or bicycle modes of moving about the city and would go out of his way to walk on WVU sidewalks and corridors because they are of the highest quality. He expressed that he is greeted with wide, welcoming sidewalks at University Place and he also noted that when he buys his frozen drink at Sheetz and pays his 1% sales tax, a new business is generating revenue for us. Councilor Fike reiterated about cooperation with WVU and that we had promising early discussions about a joint venture between WVU and a host of other entities, agencies and organizations that are in the beginning stages of coming up with some very viable and enticing options for recreational opportunities possibly established in various locations, not just one central place. Councilor Fike also stated that Council needs to support our city administration in the gallant effort being made to consult frequently with WVU officials and perhaps by supporting a community dynamic, we can show President Gee that we are, and always have been, ready to do what he has called for – working together. He stated that again, he supports and encourages mutual planning and consultation but in our demands for that to happen, let’s not lose sight of the fact that we enjoy a certain level of municipal prosperity that other less fortunate towns and cities would give just about anything to possess. Councilor Ganz: Councilor Ganz announced that the Arts in the Park Summer Program will start June 23rd through June 27th from 8:00 a.m. -5:00 p.m. at the newly renovated art studio located at the Wiles Hill Community Center. Councilor Ganz inquired to the City Manager about the PSC rate increase and would like to know if a letter was sent out to notify the public and also was concerned about the time frame of making a decision. The City Manager’s response was that there was no letter sent out but he can look into the matter and also a possible date on which the rate increase issue can be placed on the Agenda. Councilor Ganz thanked all volunteers and also thanked the Police and Fire Departments for working so hard. She pointed out that as the City continues to grow their jobs are becoming 5  increasingly more difficult. Councilor Ganz expressed her concerns on the budget and equipment and hopes that we can continue to work with the University and Public/Private Partnerships so our Police and Fire Departs have the best and enough equipment. She noted that we need to be aware of unintended consequences due to Morgantown’s growth and that we need to find a way to be compensated for or taken into consideration when we review the budget. Councilor Ganz stated that there are some important health and safety issues that have to be addressed. Councilor Ganz noted that she hopes we can work with the entities that are increasing so we can increase and provide the public service necessary to protect the citizens of Morgantown and once again she thanked the Police and Fire Department for their service. Councilor Ganz also thanked all entities involved with the Oakview annexation. Mayor Selin: Mayor Selin announced the unveiling of a wooded sculpture, created by Ben Gazi, which replicated the red tailed hawk and took place at the Botanical Gardens Saturday evening. She encouraged everyone to visit the sculpture. Mayor Selin stated that there was a very large pothole at the intersection of Laurel Street and Patteson Drive and would like the pothole to be addressed as soon as possible. Mayor Selin announced that she will be attending an event on June 18th at the White House as a representative of the City of Morgantown. The event is called the Makers Fair and all the representatives will be educated on the modern styles of inventing. Mayor Selin noted that she would also like to mark the passing of Greg Van Camp. EXECUTIVE SESSION: Motion by Bane, second by Nugent and carried by unanimous consent. Council moved to Executive Session, pursuant to West Virginia Code Section 6-9A-4(2) (9) as it pertains to personnel matters. Time 8:20 p.m. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 10:00 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 6