City Council

REGULAR MEETING JULY 1, 2014: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, July 1, 2014 at 7:00 p.m. ELECTION OF MAYOR AND DEPUTY MAYOR: The City Clerk opened the floor for nominations among Council for the offices of Mayor and Deputy Mayor. Nomination by Nugent, second by Bane, to elect Councilor Kawecki as Mayor. Motion to elect Councilor Kawecki as Mayor failed 2-5. Councilors Kawecki, Selin, Shamberger, Fike and Ganz voted NO. Nomination by Shamberger, second by Ganz, to elect Councilor Selin as Mayor. Motion carried 5-2, electing Jenny Selin as the Mayor of the City of Morgantown. Councilors Bane and Nugent voted NO. Nomination by Nugent, second by Bane, to elect Councilor Fike as Deputy Mayor. Motion to elect failed 2- 5. Councilors Kawecki, Selin, Shamberger, Fike and Ganz voted NO. Nomination by Fike, second by Selin to elect Councilor Shamberger as Deputy Mayor. Motion carried 5-2. Councilors Bane and Nugent voted NO. OATH OF OFFICE FOR MAYOR AND DEPUTY MAYOR: The City Clerk administered the Oath of Office to Mayor Selin and Deputy Mayor Shamberger for the term of July 1, 2014 to June 30, 2015. Thereafter, Mayor Selin assumed the Chair of the meeting and began to conduct the regular business of Council. 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 17, 2014 were approved as corrected. CORRESPONDENCE: Mayor Selin congratulated Damien Davis for his participation in the Corporate Cup Challenge and he was given a plaque as he was recognized as Corporate Cup Team Captain. Mayor Selin read the National Day of Making Proclamation issued by President Obama. She stated that this calendar year from June 18, 2014 to June 18, 2015 we will hold a Maker Fair and have public round table discussions with people who are interested from the educational and manufacturing sectors. Mayor Selin then read a letter from a Michael Sharley, concerned citizen in support of the proposed truck ordinance. PUBLIC HEARING – AN ORDINANCE 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. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING – AN ORDINANACE BY THE CITY OF MORGANTOWN AUTHORIZING THE EXECUTION OF AN INTERGOVERMENTAL 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. There being no appearances, Mayor Selin declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE REPEALING SECTION 155.05 OF ITS ADMINISTRATIVE CODE: The below entitled Ordinance was presented for second 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. 1  After explanation from City Manager, Jeff Mikorski, motion by Shamberger, second by Nugent, to adopt the above entitled Ordinance. 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 second 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 City Manager gave a brief description of the project, motion by Fike, second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE STORMWATER PORTION OF THE COMBINED SYSTEM OF THE CITY OF MORGANTOWN: The below entitled Ordinance was presented for second reading. AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE STORMWATER PORTION OF THE COMBINED SYSTEM OF THE CITY OF MORGANTOWN AND THE FINANCING OF THE COST THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $850,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2014 B; PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; AND AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO. After explanation from City Manager, Jeff Mikorski, motion by Ganz, second by Shamberger to pass the above entitled Ordinance to third reading. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk, Linda Little, announced that she will be advertising for Urban Landscape positions for the fourth and seventh ward. PUBLIC PORTION: Tim Ball, MUB Director, stated that MUB has worked very hard on the Forest/Poplar stormwater project and now they have a dilemma which is time. Because of the petition opposing the annexation, the process is taking much longer. Mr. Ball stated that the bids for both construction and financing will expire August 1st and in order to stay on schedule and use proposed bids, the annexation needs to proceed as quickly as possible to meet August 1st deadline. He also stated that the PSC also has a deadline of September to install drains; the original deadline was May although MUB was able to get an extension to keep both projects married together, and Mr. Ball noted that he seriously doubts that the PSC will give another extension. Mr. Ball stated that he respects the democratic process and is not in opposition of it, what concerns him is that of timing and that we need to move the annexation along as quickly as possible before money is spent on a project that may or may not happen. Dave Kelly, 503 Poplar Woods Drive, stated that he empathizes with the drainage issues in and around the Forest/Poplar areas. Mr. Kelley briefly stated his concerns with the different areas that will be affected by the annexation, city benefits, surcharges, and the petition process. He noted that he can’t find a positive finding with the annexation. Anna Lee, 121 Morgan Drive, briefly described, in her opinion, the history of the proposed annexation in her area years ago. She stated that it seems to be the only solution to an issue not of our creation, but that puts our health and homes at risk. (Attached Exhibit A) Carter Kelley, 510 Poplar Woods Drive, stated that petition should go by State Code and that the City summary is not accurate. Robert Griffith, 106 Forest Drive, stated that he is in support of the annexation and that he wanted his letter to be part of the record. He stated that all meetings of the Oakview Property Association have always been open to all property owners and that this petition was not put together by a secret club or put together in the dark like some claim so therefore I urge Council to approve the annexation as described in the meeting Agenda. (Attached Exhibit B) 2  Tamara Klemkowski, 101 Forest Drive, stated that she is opposed to the annexation and has many concerns about the petition. She stated that she was confused on all the information that was given to her. Renae Hernandez, 457 Grove Street, she gave kudos for Richwood Avenue being paved, she supports Blue Curb Parking Ordinance in Wiles Hill Area, and also supports the Heavy Truck Ordinance. Richard Dumas, 444 Overhill Street, urges Council to support item D on the Agenda from this evening. He stated we must support our neighborhoods to be walkable and livable. Jane LeFebre, 301 Raymond Street, noted many changes through the years of Wiles Hill and questioned why Raymond Street couldn’t be grandfathered in with current 24 hr. blue curb parking. Roger Banks, Wiles Hill Resident, stated that he supports the Ordinance and noted that the community is forced to do this because of poor development and also noted that this Ordinance is needed for our protection. Bob Milvet, 105 Forest Drive, stated that he opposes the annexation and requested that his letter be part of the record. Mr. Milvet asked City Council what they believe they will or won’t get by this annexation and also asked if it will still be a neighborhood or liability. (Attached Exhibit C) Kitty Lozier, 345 Virginia Avenue, stated that she is in favor of the Blue Curb Parking Ordinance. Matthew Held, 213 Kingwood Street, stated that he is the President of Greenmont Neighborhood Association, thanked the police Department for coming to the Greenmont block party. He also stated that he is in support of the Safe Streets Morgantown Ordinance and want the City to do everything in its’ power to defend and enforce the regulation of heavy trucks through downtown. He also requested his letter to be part of the permanent record. (Attached Exhibit D) Mary Davis, 106 Forest Drive, stated that she is in favor of the annexation. Linda Morton, 436 Center Street, supports the Wiles Hill Curb Ordinance. Zachary Mendelson, 124 Morgan Drive, President of the Oakview Annexation, stated that the numbers are correct in reference to the petition and that it is crucial that the City maintain the roads if annexed. David Hood, 118 Morgan Drive, stated that he supports the annexation and noted that he is a pastor and dislikes seeing the division in the neighborhood and hoping this all comes to a neutral resolve. SPECIAL COMMITTEE REPORTS: Councilor Ganz updated everybody that the pools will be open over July 4th holiday weekend and she noted at the next King Street Park Festival the movie that will be playing will be Despicable Me 2. Councilor Kawecki noted that the art cart and bounce house will also be at the Family Fun Festival. NEW BUSINESS: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF 13.40 ACRES: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF 13.40 ACRES, MORE OR LESS, OF ADDITIONAL TERRITORY INTO THE CITY OF MORGANTOWN PURSUANT TO SECTION 8-6- 4 OF THE WEST VIRGINIA CODE. After explanation from City Manager, Jeff Mikorski, motion by Ganz, second by Kawecki, to pass the above titled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING SECTION 929.05 AND 929.06 OF THE CITY OF MORGANTOWN’S STREETS, UTILITIES AND PUBLIC SERVICES CODE: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTION 929.05 AND 929.06 OF THE CITY OF MORGANTOWN’S STREETS, UTILITIES AND PUBLIC SERVICES CODE BY SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OF THE MUNICIPAL SEPARATE STORMWATER SEWERAGE SYSTEM OF THE CITY OF MORGANTOWN. After rules were suspended for Tim Ball to answer questions, and explanation and discussion from City Manager and Council, motion by Bane, second by Shamberger, to pass the above titled Ordinance to second reading. Motion carried 7-0. 3  AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTION 386.08 OF ITS TRAFFIC CODE: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTION 386.08 OF ITS TRAFFIC CODE, AS THE SAME APPLIES TO PARKING FEES. After rules were suspended for Tom Arnold to answer questions, and explanation from City Manager, Jeff Mikorski, and motion by Nugent, second by Bane, to pass the above titled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN AMEDING AND EXPANDING THE BOUNDARIES OF THE WILES HILL DESIGNATED PARKING DISTRICT: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AMEDING AND EXPANDING THE BOUNDARIES OF THE WILES HILL DESIGNATED PARKING DISTRICT, AND ALSO AMENDING THE PERMIT REQUIREMENTS AND WORDING OF THE DISTRICT’S PERMIT PARKING SIGNAGE. After rules were suspended for Tom Arnold to answer questions, and explanation from City Manager, Jeff Mikorski, motion by Nugent, second by Bane, to pass the above titled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN REPEALING ARTICLE 170 OF ITS ADMINISTRATIVE CODE: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN REPEALING ARTICLE 170 OF ITS ADMINISTRATIVE CODE, AS THE SAME APPLIES TO THE GREATER MORGANTOWN METROPOLITAN AREA YOUTH COMMISSION. After explanation from City Manager, Jeff Mikorski, motion by Nugent, second by Bane, to pass the above titled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING ARTICLE 129 OF ITS ADMINISTRATIVE CODE BY ADDING A NEW SECTION 129.16: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING ARTICLE 129 OF ITS ADMINISTRATIVE CODE BY ADDING A NEW SECTION 129.16 PERTAINING TO THE CITY FINANCE DIRECTOR’S AUTHORITY TO REQUEST INFORMATION FROM THE WEST VIRGINIA STATE TAX DEPARTMENT. After explanation from City Manager, Jeff Mikorski, motion by Nugent, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0. A RESOLUTION STATING THE REASONABLE EXPECTATION OF THE CITY COUNCIL OF THE CITY OF MORGANTOWN TO REIMBURSE THE MORGANTOWN UTILITY BOARD FOR CAPITAL EXPENDITURES: The below entitled Resolution was presented for first reading. A RESOLUTION STATING THE REASONABLE EXPECTATION OF THE CITY COUNCIL OF THE CITY OF MORGANTOWN TO REIMBURSE THE MORGANTOWN UTILITY BOARD FOR CAPITAL EXPENDITURES IN CONNECTION WITH THE DESIGN, ACQUISITION AND CONSTRUCTION OF COMBINED UTILITY SYSTEM FACILITIES AND IMPROVEMENTS TO THE STORMWATER PORTION OF THE SYSTEM MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT REVENUE BONDS OR OTHER OBLIGATIONS. After explanation from City Manager, Jeff Mikorski, motion by Shamberger, second by Bane, to adopt the above entitled Resolution. Motion carried 7-0. CITY MANAGER’S REPORT: NEW BUSINESS: 1. FY Capital Escrow Budget Revision #1 Mr. Mikorski stated that there are a number of projects that need to be modified in the Capital Escrow fund for the upcoming year, including the carryover of grant and donated funds for projects and the initiation of the purchase of additional equipment 4  and funding for new projects. He recommended that City Council authorize the changes in the Capital Escrow budget as identified on the attached memo. After explanation from the City Manager, Jeff Mikorski, motion by Nugent, second by Bane to authorize the changes in the Capital Escrow. Motion carried 7-0. REPORT FROM CITY CLERK: Linda Little, City Clerk, reminded everyone that the deadline to receive applications for the Police Officer position will be July 3rd and the Police test will be conducted on August 2nd. She also wished everyone a safe and happy July 4th. REPORT FROM CITY ATTORNEY: No report REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane wished everyone a Happy 4th of July. He stated that we are doing some good things here in Morgantown and hopes we continue to try and reach out to the University although we still have some strides to accomplish with them and hope we don’t put discussions with WVU on the backburner. Councilor Bane urges all of the Council members to put forth the effort to communicate with the University this year because it’s time to put our best foot forward with them to build a level of trust so we can move forward. Councilor Kawecki: Councilor Kawecki stated that it was a pleasure chairing the meeting at the Arts Collaborative. He stated that it was a very positive meeting and hopes that they can continue the momentum of public arts as it will help continue to improve the atmosphere here in Morgantown and to make it an even more vital community than it is now. Councilor Nugent: Councilor Nugent stated that we had great business tonight and he is very happy to see the City moving forward in a positive way. Councilor Nugent inquired about the Mon Power rate hike with the City Manager and wanted to try and draft a Resolution to be read at the July 15th Regular Meeting. He also inquired to the City Manager about the pedestrian signs on High St. and asked when they will be installed to insure pedestrian safety and the City Manager replied stating that the signs should be installed this week. Councilor Nugent thanked the people involved and the Bass Federation for hosting the tournament. He noted that he was able to place third and was happy to honor the City in placing. He also congratulated the first and second place contenders. Councilor Shamberger: Councilor Shamberger stated that she was honored to be nominated for another year as Deputy Mayor. She also thanked Terry Hough for her years of service and also congratulated the Service League for using CDBG funds for updating exterior lighting at the Old Stone House and recommended that other businesses in the downtown area take a look of how attractive it looks and also ensures safety. Councilor Shamberger noted that she enjoyed attending events with the Mayor at Eastwood and the ribbon cutting at Shoney’s with Councilor Fike. Councilor Fike: Councilor Fike stated that he is thrilled to see the introduction of I-RIDE-79, a public transportation line connecting Morgantown and Charleston with stops at various cities in between. He noted that this initiative by the state Department of Transportation will be a valuable contribution to our efforts to 5  move people from place to place. He also noted that he didn’t see it as another opportunity for Morgantown citizens to utilize mass transportation which, hopefully, will provide more incentives for projects of this nature. Councilor Fike stated that he attended the latest Habitat for Humanity home dedication in Jerome Park on June 21 and he again expressed thanks to Habitat for contributing to the availability of quality housing for families who might otherwise never enjoy the thrill and security of owning a home and who devoted hours of their own labor to build them. Councilor Fike announced that the Norwood Neighborhood Association picnic will be held Saturday, July 12, at 6:00 p.m. at the Norwood Fire Station. Councilor Fike stated that he continues to hope for progress toward our intention to get the proposed truck ordinance on our agenda as soon as possible. Councilor Ganz: Councilor Ganz announced that the Suncrest Neighborhood picnic will be held on July 15th in conjunction with BOPARC at Krepps Park prior to Concert in the Park and there will be a potluck picnic and other activities. Councilor Ganz noted that a neighbor of hers complained to the state about a sign at the intersection of Burroughs and 705 saying that it was too small and that it was unsafe for pedestrians to cross there due to the small sign so within a week after the complaint was made, the small sign was replaced with a large pedestrian sign and she noted that she was happy to see how quickly it was taken care of to ensure the safety of pedestrians. Mayor Selin: Mayor Selin stated that she would like to celebrate our successes on High Street by having a ceremony and would like to set a date and time. Mayor Selin announced that the Softball Team USA will be in Morgantown holding a clinic for girls on Wednesday, July 2nd, and on Thursday, July 3rd of this week and they will be hosting a Softball game with an All-Star Team from the surrounding area. Mayor Selin noted that she appreciated the Bass tournament and everyone’s efforts. The Celebration of America events are as follows: 11 a.m., the Morgantown Municipal Band will be playing at Hazel Ruby McQuain Amphitheater, 5 p.m., High Street Parade, 6 p.m., Weed Rags Band, 7 p.m., Awards Ceremony followed by the Mon River Big Band and then Fire Works. Mayor Selin announced that the Mountain Lion Transit Authority will have no local bus service on July 4th and will resume regular service on July 5th. She also announced that there will be a Blood Drive in honor of Morgantown City Police Officer Chris Dalton at the WVU Recreation Center from 12 p.m. to 6 p.m. on July 3rd. Mayor Selin announced that the Mon River Town Meeting will be held on July 9th at the Hazel Ruby McQuain bus depot and that the Farmers Market will be held on Saturday as usual. She also announced that Bill Kawecki was nominated by Main Street Morgantown for 2013 Volunteer of the Year, Steve Bennett was nominated Public Official of the year, and Terry Cutright was honored for 25 years of service with Main Street Morgantown. Mayor Selin stated that she is looking forward to another year of service. 6 EXECUTIVE SESSION: Motion by Councilor Bane, second by Councilor Nugent, to go into executive session pursuant to Section 6-9A-4 of the West Virginia Code in order to discuss attorney client privileges with the following persons present; Mayor Selin, Council Members, Jeff Mikorski, Glen Kelly and Steve Fanok. Time 9:40 p.m. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 10: 40 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 7