City Council

REGULAR MEETING SEPTEMBER 2, 2014: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, September 2, 2014 at 7:00 p.m. PRESENT: City Manager Jeff Mikorski, Assistant City Manager Glen Kelly, City Attorney Steve Fanok, City Clerk Linda Little, Mayor Selin, Deputy Mayor Marti Shamberger and Council Members: Ron Bane, Bill Kawecki, Wes Nugent, Mike Fike, and Nancy Ganz. The Meeting was called to order by Mayor Selin. APPROVAL OF MINUTES: The minutes of the regular meeting of August 19, 2014, were approved as printed. CORRESPONDENCE: Mayor Selin read a letter from Susan Case and Michael Simms in support of the “Heavy Truck” Ordinance. Councilor Fike asked all Council Members, due to his hearing handicap, if they could please speak loud and clear so he can hear well. (Exhibit A and B Attached) PUBLIC HEARING – AN ORDINANCE AMENDING ARTICLE 1369.15 OF THE PLANNING AND ZONING CODE AS IT RELATES TO SIGN PERMITS. James Giuliani, 256 Prairie Avenue, stated that he is concerned with the size of signs that are being placed in the downtown area and explained why this ordinance should not be passed. He noted that the B-4 (Downtown) area has a certain quality and look to it as it has for many years and the large signs that are going to be placed in the downtown area if the ordinance is passed, will water down the unique quality that our downtown has. Mr. Giuliani urged Council to take a better look at the proposed ordinance before passing it. PUBLIC HEARING - AN ORDINANCE BY THE CITY OF MORGANTOWN AUTHORIZING THE SALE OF REALTY OWNED BY IT IN THE FOURTH WARD OF THE CITY TO JONES PLACE, LLC. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING SECTION 529.01 OF ITS GENERAL OFFENSES CODE IN REGARD TO OFFENSES RELATING TO PERSONS. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 301 OF THE CITY OF MORGANTOWN TRAFFIC CODE BY ADDING NEW SECTIONS 301.071 AND 301.111 TO IT, DEFINING THE TERMS “DOWNTOWN BUSINESS DISTRICT” AND HEAVY TRUCKS. Evan Hansen, 295 High Street, stated that he was proud to see the way Safe Street Morgantown addressed the “Heavy Truck” Ordinance. He also mentioned that there are a lot of businesses in support of this ordinance and noted that it will address the safety concerns of many citizens in the downtown area. Mr. Hansen stated that there will be no scales required for the trucks because of how the ordinance is written and that City Police are well within their authority to enforce it. Mr. Hansen stated that he has three requests involving the language of the packet and they are signage, time of passage, and simply to pass the ordinance. James Vannestrand, 416 Cedar Street, stated he would like to speak on behalf of Safe Streets Morgantown and teaches at the law school alongside with Bob Bastress. He noted that they did their own analysis of the federal highway transportation laws and regulations and stated that these statutes would not present any obstacles for City Council to adopt this ordinance. Mr. Vannestrand went on to explain each section of the analysis and in conclusion of his explanations stated that he appreciates Council for taking on such a complex matter and asked Council to please pass the ordinance. (Exhibit C Attached) Kim Noble, 302 Duquesne Avenue, stated that she is in support of the “Heavy Truck” ordinance due to congestion and safety issues. She noted that she would like more citizens to visit the downtown area without hesitation due to the truck traffic, pollution, and noise, specifically the jake brake noise that the large trucks produce. She strongly supports the ordinance and hopes that Council will pass it. Daniel McMullen, 486 Hite Street, stated that he would like to see the ordinance passed although noted that it’s not the heavy trucks from Greer causing the issues at hand, it’s smaller trucks that work in and around downtown Morgantown that cause these issues. Mr. McMullen expressed that the Police should focus enforcement on smaller trucks and other entities as well. He would also like to see the truckers have an alternate route around town. He noted that the truckers are using Greenbag Road more although there are many holes along that road and it’s not safe for travel. Gary Loring, 314 High Street, stated that there was an ambulance that was halted for approximately 45 seconds at the intersection of Walnut and High Streets due to a large truck in the way. He also stated that 1 recent repair at the same location has already deteriorated due to large trucks. He is concerned about the flower beds and how the pollution from the large trucks is affecting them. Mr. Loring noted that he is also concerned about the people on the sidewalks using skateboards and other modes of transportation having no regard for people who are walking; they fly out in the road without looking and he expressed that one day someone will get hurt from not following the rules. Mr. Loring stated that there is an alternate route that the truckers can take although it will take some time. He stated we are balancing the safety, the economy, and the environment here; he noted that it needs to be paid attention to. PUBLIC HEARING - AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING ARTICLE 347 OF ITS TRAFFIC CODE BY AMENDING SECTIONS 341.01 (a) AND 347.01 (c), AND ADDING NEW SECTIONS 347.01 (d) AND 347.01 (e), AS THE SAME APPLY TO HEAVY TRUCKS WITHIN THE DOWNTOWN BUSINESS DISTRICT. Don Spencer, 565 Harvard Avenue, handed out information to Council Members. He then stated in closing that Morgantown’s basic truck problem is not with the trucking companies and then noted that if the stone company wants to respect the commerce in the Downtown Business District and protect the neighborhoods directly involved and as many other large corporations do in other communities; it will change its dock location or it will compensate the trucking companies for the costs of traveling those additional three miles each way on Greenbag Road. Mr. Spencer commends Council for noticing the truck problem and also for showing the courage to take care of business people and residents of all ages and backgrounds in the City, and for taking the steps to pass the first reading of the ordinance. He stated that he fully supports Council in taking the second step tonight. (Exhibit D Attached) UNFINISHED BUSINESS: AN ORDINANCE AMENDING ARTICLE 1369.15 OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING ARTICLE 1369.15 OF THE PLANNING AND ZONING CODE AS IT RELATES TO SIGN PERMITS. After explanation from City Manager and discussion from Council Members, motion by Kawecki, second by Fike, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN AUTHORIZING THE SALE OF REALTY: The below entitled Ordinance was presented for second reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AUTHORIZING THE SALE OF REALTY OWNED BY IT IN THE FOURTH WARD OF THE CITY TO JONES PLACE, LLC. After discussion, motion by Bane second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING SECTION 529.01 OF ITS GENERAL OFFENSES CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING SECTION 529.01 OF ITS GENERAL OFFENSES CODE IN REGARD TO OFFENSES RELATING TO PERSONS. After explanation from City Manager, motion by Shamberger, second by Nugent, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING ARTICLE 301 OF THE CITY OF MORGANTOWN TRAFFIC CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING ARTICLE 301 OF THE CITY OF MORGANTOWN TRAFFIC CODE BY ADDING NEW SECTIONS 301.071 AND 301.111 TO IT, DEFINING THE TERMS “DOWNTOWN BUSINESS DISTRICT” AND HEAVY TRUCKS. After recommendation from the City Manager to amend Ordinance, motion by Kawecki, second by Shamberger, to accept amendment. Motion carried 7-0. After discussion on the ordinance, motion by Fike, second by Shamberger, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING ARTICLE 347 OF ITS TRAFFIC CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING ARTICLE 347 OF ITS TRAFFIC CODE BY AMENDING SECTIONS 341.01 (a) AND 347.01 (c), AND ADDING NEW SECTIONS 347.01 (d) AND 347.01 (e), AS THE SAME APPLY TO HEAVY TRUCKS WITHIN THE DOWNTOWN BUSINESS DISTRICT. 2  After recommendation from Councilman Kawecki to amend ordinance, motion by Ganz, second by Kawecki, to accept amendment. Motion carried 7-0. After recommendation from Mayor Selin for a second amendment to the ordinance, motion by Bane, second by Ganz, to accept amendment. Motion carried 6-1. Kawecki voted no. After discussion on the Ordinance, motion by Shamberger, second by Fike, to adopt the above entitled Ordinance. Motion carried 6-1. Nugent voted no. BOARDS AND COMMISSIONS: City Clerk, Linda Little, announced that there are still vacancies open for the Urban Landscape Committee in fourth and seventh wards. She also noted that if anyone is interested to please contact the City Clerk’s Office or apply on our website. PUBLIC PORTION: Andrew Detrick, 672 North High Street, introduced himself as the City Council Liaison for WVU Student Government and noted that he is looking forward to meeting Council and also to having a productive year. Chris Knight, 741, Richwood Avenue Apt. # 6, spoke about Devante Waites. He stated that he was stabbed and killed in a Morgantown club three weeks ago. He expressed how Devante was involved with his community where he resided in Fairmont, WV. He stated that we have a violence issue in downtown Morgantown and we all need to work together to put a stop to it. Daniel McMullen, 486 Hite Street, noted that Wikipedia has the definitions of different classes of truck weight in case they would like to take a look at it. He also stated that he does video and audio production and would volunteer his time to track down the problem in regards to the “Heavy Truck” ordinance. Mr. McMullen also mentions that he heard that a crosswalk was recently removed in front of Saint John’s Church and had concerns about that and also suggested that crosswalk usage should be enforced more in the City of Morgantown. Dave Hopkinson, 313 Morgan Lane, stated that he is here on behalf of the Coopers Rock Foundation. He stated that he would like to propose a Resolution in regards to the West Virginia Division of Forestry Timbering Project at Coopers Rock State Forest. He expressed that Coopers Rock is an important recreational resource to the Morgantown community and noted that when the DNR refused to repair the trails from the recent timbering project at Snake Hill, the citizens came to City Council and DNR totally reversed their decision to help fix and maintain the Snake Hill trails. He recognized that when City Council speaks, State agencies listen. Mr. Hopkinson went on to explain the Forks of Scott Run-Pisgah Project and how it will affect the recreation at Coopers Rock State Forest and he hopes that the proposed Resolution will be added to the agenda for a future meeting. Owen Jones, 430 Civitan Street, President of the Coopers Rock Foundation, stated the restrooms at Coopers Rock are in a falling down state and most of them had to be boarded up. The foundation is trying to engage with the Division of Forestry to talk about revenue sharing and hope to have them invest in recreational facilities such as restrooms. She asked City Council if they would help support the foundation in any way to help improve Coopers Rock recreational facilities. James Giuliani, 256 Prairie Avenue, stated that the planning commission has not been following the rules in the review process and that they need to start doing so. He expressed that Council made a decision tonight without fully understanding the ordinance. Mr. Giuliani urged Council to please help out Chancery Hill B-4 District. SPECIAL COMMITTEE REPORTS: No Report NEW BUSINESS: AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE PARCEL OF REAL ESTATE: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM R- 2, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT TO B-1, NEIGHBORHOOD BUSINESS DISTRICT BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH HEREIN. After explanation from City Manager, motion by Kawecki, second by Nugent, to deny the above entitled Ordinance to second reading. Motion fails 0-7. AN ORDINANCE TO PROVIDE THE ZONING CLASSIFICATION OF 13.40 ACRES: The below entitled Ordinance was presented for first reading. 3  AN ORDINANCE TO PROVIDE THE ZONING CLASSIFICATION OF 13.40 ACRES, MORE OR LESS, OF ADDITIONAL TERRITORY THAT WAS ANNEXED INTO THE CITY OF MORGANTOWN BY ORDINANCE 14-18 BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH HEREIN. After explanation from City Manager, motion by Shamberger, second by Ganz, to pass the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN VACATING, ABANDONING, AND ANNULLING A PORTION OF SUZANNE ROAD: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN VACATING, ABANDONING, AND ANNULLING A PART OR PORTION OF SUZANNE ROAD MEASURING FORTY (40) FEET IN WIDTH AND APPROXIMATELY EIGHTY-FIVE (85) FEET, AT ITS LONGEST POINT, IN LENGTH LOCATED AND SITUATE IN THE SECOND WARD OF THE CITY OF MORGANTOWN, MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA. After explanation from City Manager and discussion from Council, motion by Shamberger, second by Nugent, to pass the above entitled Ordinance to second reading. Motion carried 6-1. Ganz voted no. AN ORDINANCE BY THE CITY OF MORGANTOWN VACATING, ABANDONING, AND ANNULLING A PART OR PORTION OF DORIS ROAD: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN VACATING, ABANDONING, AND ANNULLING A PART OR PORTION OF DORIS ROAD MEASURING THREE HUNDRED EIGHT (308) FEET, AT ITS LONGEST POINT, IN LENGTH, AND SITUATE IN THE SECOND WARD OF THE CITY OF MORGANTOWN, MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA. After explanation from City Manager, motion by Nugent, second by Shamberger, to pass the above entitled Ordinance to second reading. Motion carried 6-1. Ganz voted no. CITY MANAGER’S REPORT: INFORMATION: 1. Bad Building Conference The City manager explained the process of the Bad Building Conference and requested Council to provide names of volunteers that would be interested serving on the BAD Building team. He noted that these members will be instrumental in developing a plan of action on improving the community by dealing with the BAD building in the City. 2. Recreation Center Feasibility Study The City Manager stated that he participated with Monongalia County, West Virginia University, and BOPARC representatives (through the County Leadership Committee’s recreation subcommittee) in the presentation of a Recreation Feasibility Study project to the Brickstreet Center Innovation and Entrepreneurship, in the WVU Collage of Business and Economics Department. He stated that working with Steven Cutright and his SBEN 438 class, a Recreational Feasibility Study for a recreation center will be created. Mr. Mikorski noted that two student teams will be working with the Recreation Subcommittee and BOPARC to look at the needs, wants, and funding opportunities for a recreation center in the City. He stated that this project was discussed at the August 21, 2014 BOPARC meeting. REPORT FROM CITY CLERK: Linda Little wished Councilor Bane a happy birthday and also thanked Nancy Ganz and Ruth Donaldson for picking flowers for her birthday. She also thanked Margaret Frankenberry for making a cake for her birthday. REPORT FROM CITY ATTORNEY: No Report REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane stated that we need to support City Administration and Police Department through the enforcement of the “Heavy Truck” ordinance that 4  was passed this evening and also asked the residents to be patient as we proceed with enforcement. He also noted that if we are not able to proceed with the ordinance; we can look at alternative ways in an effort to encourage different routes for heavy trucks. Councilor Kawecki: No Report Councilor Nugent: No Report Councilor Shamberger: Councilor Shamberger informed the public that the City Administration is following procedure for the Home Rule process and noted that they have had three public hearings and out of all the meetings we only had three people attend those meetings. Councilor Shamberger expressed that she feels comfortable with the allotted ninety days to implement the “Heavy Truck” ordinance. Councilor Shamberger stated that there was a Woodburn Redevelopment meeting last week and informed Council that Chris Haddox applied for a grant with the West Virginia Redevelopment Corporation and that they are also applying for the West Virginia Preservation Grant which would enable them to use expertise on old buildings. She also noted that the Woodburn Community will be having a fundraiser in the next few months to show in good faith effort that they want to keep the building there. Councilor Shamberger mentioned that Chris Haddox will be attending West Virginia’s Browns Field Conference to talk about the success that they are having with the redevelopment of Woodburn and also the commission will be meeting with BOPARC about programming the Woodburn space. Councilor Shamberger announced that the coordinating Council on Homelessness will be holding a meeting Tuesday at Health Right at 9:00 a.m. She also thanked Marchetta Maupin for her hard work in producing beautiful hanging baskets around town. She also inquired with the City Manager if they could start scheduling ward tours again and his response was yes. Councilor Fike: Councilor Fike expressed that he is starting to understand Councilor Ganz’s point of view on the annulments of property and would like to find out more on perhaps using these properties in a more creative way instead of annulling them. Councilor Ganz: Councilor Ganz announced that the Traffic Commission will be holding a meeting in Council Chambers September 3rd. She expressed that her heart went out to Chris Knight as he was talking about Devante Waites death and reiterated that the City does have safety issues and that we need to work on safety for our residents. Councilor Ganz stated that we should partner with the university which will enable us to have more feet on the ground in terms of fire fighters and police. She mentioned that our budget has not increased although our need for services has and that concerns her. Councilor Ganz stated that she is a stake holder in Coopers Rock area and she is very interested in the tourism and resources available in Morgantown and that we should move forward quickly with this resolution and request that this item be put on the next Committee of the Whole and also requested to see an ordinance on revenue sharing from the Coopers Rock Foundation. With consensus of 5  Council, they have agreed to move Coopers Rock Resolution forward to the next Committee of the Whole meeting. Councilor Ganz expressed her opinions on the Home Rule meeting that took place in Bridgeport. She stated that we did not leave Morgantown in a unified manner and that she was very disappointed that the Morgantown residents which showed up at the Home Rule meeting in Bridgeport did not attend any of the public hearing meetings held in Morgantown prior to the Bridgeport meeting to voice their opinions. Mayor Selin: Mayor Selin announced that it will be Green Night at the Library on September 18th. They will be talking about Urban Agriculture Ordinance that was brought forth last year. Mayor Selin made other announcements on upcoming events to include: Rivertown Meeting; Farmer’s Market; Blood Drive; Metropolitan Theatre hosting Unforgettable Music; Lebanese Bistro will be hosting TarabRaqs Middle Eastern Music and Dance Ensemble and contemporary music of the Mediterranean region on acoustical instruments accompanied by belly dance; Art is Food Friday and Arts Walk. Mayor Selin stated that she will not be able to attend a meeting in Fairmont and would like to know if one of the Council Members would go in her place. She noted that the meeting will be about a Connectivity Plan that the City of Fairmont made formal and would like to try to implement a connectivity plan in the City of Morgantown. She also noted that should like to look at all the vacant land that the City has and possibly use those as an outlet for connectors just like the one by Suncrest Middle School. EXECUTIVE SESSION: Motion by Nugent, second by Shamberger, to move to executive session pursuant to West Virginia Code Section 6-9A-4(2) (B) (9) in order to discuss real estate matters with the following persons present; Council Members, Jeff Mikorski, Glen Kelly, Steve Fanok, and J.R. Sabatelli. Time 10:02 p.m. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 10:30 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 6