City Council

\lrbe ~it!' of ;fffilorgantotun Linda L. Tucker, CMC 389 Spruce Street, Room 10 Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 llittle@cifyofmorgantown.org Office of the City Clerk AGENDA MORGANTOWN CITY COUNCIL COMMITTEE OF THE WHOLE January 27, 2015 7:00 p.m. NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled: PRESENTATIONS: 1. Woodburn School Redevelopment Commission Annual Report 2. Proposed Riverfront landscape design, supported by River Towns and Brownsfield Assistance Center PUBLIC PORTION: ITEMS FOR DISCUSSION: 1. Ordinance Amending Article 151 of the Traffic Commission Administrative Code. 2. Ordinance Amending Article 373 relating to Bicycles. 3. Ordinance amending section 337.03 relating to driving on the right side of the road. 4. Request by WVU B.O.G and American Campus Communities Operating Partnership, LP to annul a 6.83' wide unnamed alley in the Fourth Ward. 5. Request by Monongalia County Commission for Speed Reduction on Route 119 and Route 73. *If you need an accommodation contact us at 284-7439* Page 1 of 16 AN ORDINANCE AMENDING ARTICLE 151 OF THE ADMINISTRATIVE CODE RELATING TO COMPOSITION AND DUTIES OF THE MORGANTOWN TRAFFIC COMMISSION The City of Morgantown hereby ordains that Article 151 of the City Code is amended as follows: 151.01 ESTABLISHED. There is hereby established and created a Traffic Commission for the City, the official name of which shall be ''The Morgantown Traffic Commission." 151.02 COMPOSITION AND MEMBERSHIP. The Traffic Commission shall be composed of: a member of Council; one resident from each of the City wards; one resident at-large to represent bicycling; one resident at- large to represent walking and one resident at large; and, one Planning Commission member. All ward, at-large and Planning Commission members shall be appointed by Council. Ex-officio Commission members of the Traffic Commission shall include the Police Chief, or hislher designee; the City Engineer, or hislher designee; tHe City Planning Director, or hisAler designee the WVU Parking DireclorlPlanner or his/her designee; the Director of the Morgantown Board of Park and Recreation Commissioners CBOPARC) or hi /her de ignee; the Director of the Mountain Line Transit Authority or hi /her designee; and the Director of the Morgantown Monongalia Metropolitan Planning Organization (MMMPO) or his/bel' designee. The ex-officio members shall serve without any specific term and shall serve by virtue of their office, enjoying all rights of membership except a vote. +he Each Council and Planning Commission members shall serve until his or her current respective term on Councilor Planning Commission expires. The members appointed by ward residency, and the at-large members shall each serve for a term of three years. 151.03 OFFICERS AND RULES OF PROCEDURE. The City Engineer shall call the first meeting of the Traffic Commission. The Commission shall meet at least once a month, and shall select from its own membership a chairperson. The Commission shall adopt its own rules of procedure and shall keep minutes of regular and special meetings. 151.04 DUTIES. The duties of the Traffic Commission shall be to receive citizen input pertaining to traffic issues and to act as an advisory beaffi to City Council on matters relating to~ ill the movement and regulation of trafHe motor vehicles. bicycles and pedestrians within the City, ill to coordinate the coordination of traffic activities, ill to carryon educational activities in traffic matters, to recei'le complaints ha'ling to do with traffic flroblems, and to mak:e recommendations to Coencil of '(4) the ways, means and methods of improving traffic Page 2 of 16 conditions within the City, ill.and the administration and enforcement of traffic regulations. The Commi , ion shall receive such reports and information as deemed neces ary by City Administration. The Commission may request the assistance and advice of any other department or official of the City. The City Engineer shall provide primary services for agendas, minutes, studies and implementation of tasks resulting from Commission actions. First Reading: Adopted: Mayor Filed: Recorded: City Clerk Page 3 of 16 AN ORDINANCE AMENDING ARTICLE 373 OF THE CITY CODE RELATING TO BICYCLES WHEREAS, the West Virginia Legislature has enacted H.B. 4304 to amend West Virginia Code sections 17C-7 -3, 17C-1l-5, and 17C-1l-7, all relating to use of a bicycle on a roadway; and WHEREAS, the City of Morgantown (the "City") intends to amend its ordinances to promote the intent of the West Virginia Code relating to use of a bicycle on a roadway; and WHEREAS, the City is authorized by West Virginia Code sections 8-12-5(4) and 17C-2- 8(a)(8) to regulate the use of bicycles on roadways under its jurisdiction NOW THEREFORE, The City of Morgantown hereby ordains that Article 373 of the City Code is amended as follows: 373.05 RIDING ON ROADWAYS AND BICYCLE PATHS. (a) Eyery perSOH operatiHg a Bicycle HpOH a road..... ay shall ride as Hear to the right side of the road...,ay as practicaBle, eKereisiHg dHe care 'NheH passiHg a staHdi8g vehiele or 08e proceedi8g iH the same directi08. W Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Vlhe8ever a HSaBie path for Bicycles has Bee8 provided adj ace8t to a roadway, Bicyele riders shall Hse sHch path a8d shall Hot Hse the roadvlay. 373.07 LIGHTS AND REFLECTOR ON BICYCLE; SIGNAL DEVICE; BRAKES; HELMET. (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department of Motor Vehicles which shall be visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. (B) No perS08 shall operate a Bicycle H8less it is eqt:lipped with a Bell or other device capaBle of giYi8g a sigHal a1:ldiBle for a distaHce of at least 100 feet, eKcept that a Bicycle shall Hot Be eqHipped with 80r shall any pers08 Hse Hp08 a Bicycle any sire8 or whistle. W lhl Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. Page 4 of 16  tEl1 {£} No person shall operate or be a passenger on any bicycle unless he or she i wearing securely fastened on his or her head by either neck or chin strap a protective helmet that js designed to deflect blows, resist penetration and spread impact forces, which protective helmet . hall meet or exceed the pecifications of ANSI Z90.4. First Reading: Adopted: Mayor Filed: Recorded: City Clerk Page 5 of 16 AN ORDINANCE AMENDING SECTION 337.03 OF THE CITY CODE RELATING TO DRIVING ON THE RIGHT SIDE OF THE ROAD AND PASSING WHEREAS, the West Virginia Legislature has enacted H.B. 4304 to amend West Virginia Code sections 17C-7-3, 17C-1l-5, and 17C-1l-7, all relating to use of a bicycle on a roadway; and WHEREAS, the City of Morgantown (the "City") intends to amend its ordinances to promote the intent of the West Virginia Code relating to use of a bicycle on a roadway; NOW THEREFORE, The City of Morgantown hereby ordains that Section 337.03 of the City Code is amended as follows: 337.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES. The following rules shall govern the overtaking and passing of vehicles or bicycles proceeding in the same direction, subject to these limitations, exceptions and special rules hereinafter stated. (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left tftereof of the overtaken vehicle at a safe distance and sHaH may not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) The driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of the bicycle at a distance of not less than three feet at a careful and reduced speed, and may not again ddve to the right side of the roadway until afely clear of the overtaken bicycle. ~ Except when overtaking and passing on the right is pennitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall may not increase the speed of his vehicle until completely passed by the overtaking vehicle. First Reading: Adopted: Mayor Filed: Recorded: City Clerk Page 6 of 16 ManPower A FirslEnergy Company 5001 NASA Blvd Fainnont, WV 26554 West Virginia University 104 Stewart Hall, PO Box 6205 Morgantown, WV 26505 American Campus Corom 235 Jones Ave Morgantown, WV 26505 1/2112015 Re: Letter of Availability Dear WVU and ACC, This letter confilIDs that Mon Power will provide electric service to the property located at University Ave and Quay St, bordered by property's owned by West Virginia University and American Campus Communities. We will process your request for service as promptly as possible after your application has been received and all financial and contractual arrangements have been satisfied. All work perfonned by Man Power will be completed according to the rules and regulations filed with the Public Service Commission of West Virginia (PSC). In addition Man Power will remove existing unused facilities as needed on this property pending receiving payment for the costs of such removals per existing company policy and regulations filed with the Public Service Commission of West Virginia (PSC). Upon completion of the removal of existing facilities, Mon Power has no ClUTent need for the right of way and releases its rights to the right of way. If I can be of further assistance or if you require additional infonnation, please contact me at 304-612-4305 ~ RyanM. Zaph Customer Support Mon Power Page 7 of 16  THIS AGREEMENT made thi£day of January, 2015, by and among: WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ON BEHALF OF WEST VIRGINIA UNIVERSITY, a State Institution of Higher Education, and AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership, parties of the first part, grantors, and THE CITY OF MORGANTOWN, West Virginia, a municipal corporation, part of the second part, grantee. WITNESSETH THAT WHEREAS, the grantor is the owner of the following lots and parcels of land, situate in the Fourth Ward of the City of Morgantown, Monongalia County, West Virginia:. Map 20, Parcel 182; and Map 20, Parcel 183 (currently assessed as Map 14A, Part of Parcels 3 and 4) WHEREAS, the said grantors have petitioned the Common Council of the City of Morgantown for an annulment, have filed this agreement in duplicate and have paid the required fees, the portion of the streets to be annulled being: 1. That certain street or public way being an unnamed Alley (6.83' wide right of way) containing 0.02 acre, more or less, all as more particularly set forth on the plat of survey dated January 15, 2015, prepared by Potesta & Associates, Inc., and attached hereto and made a part hereof for all pertinent purposes. WHEREAS, it appears that said street/alley is not used nor useful as a public way within the City of Morgantown, West Virginia, and is not necessary for public uses and purposes, and that the rights of the public will not be prejudiced by such an annulment, that the property of no person will be injured by the same, and that such annulment will promote public interest; and, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by each of the parties hereto to the other, and other good and valuable considerations, including the annulment of said Page 8 of 16 street/alley and the release and quit clam for street purposes and utility purposes, the parties hereto mutually covenant and agree as follows: 1. A map or plat showing the public way so vacated, abandoned, and annulled is attached to this agreement as a part hereof and to be recorded herewith. 2. For the considerations aforesaid the said grantee, The City of Morgantown, West Virginia, hereby releases and quit claims, unto the said grantor, its personal representatives, successors and assigns, all of its easements and rights of way for street purposes and utility purposes in said annulled public way so that the said grantor shall have that moiety or public way so vacated, abandoned, and annulled which is adjacent to its respective property for its full use and enjoyment in fee simple. 3. The parties hereto further covenant and agree as follows : N/A 4. This Agreement and any ancillary document hereto may be executed in counterpart signature pages, and each such counterpart signature page shall constitute one and the same original signature page. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 Page 9 of 16  WITNESS the following signatures and seals: WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ON BEHALF OF WEST VIRGINIA UNIVERSITY, :yState Zf~~f[/~cation Its: VP -fir A¢r.;'1 l~-AA:.J..,~" ..j- fJ"""'1ce AMERICAN CAMPUS COMMUNITIES, OPERATING PARTNERSHIP, LP, a Maryland limited partnership By: American Campus Communities Holdings LLC, a Maryland limited liability company Its: General Partner By: American Campus Communities, Inc., a _ _ _ _ _ _ corporation Its: Member By: _ _ _ _ _ _ _ _ _ _ _ __ Its: -------------------------- THE CITY OF MORGANTOWN, WEST VIRGINIA, a municipal corporation By: _________________________ Its: City Manager ATTEST: City Clerk 3 Page 10 of 16 STATE OF WEST VIRGINIA COUNTY OF MONONGALIA, to wit: fficl,,"iX:l,. • ~ . .Q4~:&50n , a Notary Public in and for the County and State aforesaid do certify that No..11J-ci Cr. W~ ( :5r. who signed the foregoing writing bea ri ng date the :"' ~_\ & ~ ±- day of """ ALa,C\u Q.c¥ 2015, for West Virginia University Board of Governors on behalf of West Virginia University, a State Institution of Higher Education, has this day in my said County before me acknowledged the said writing to be the act and deed of said institution . Given under my hand and notarial seal thisdl~day o(S-~IA.B-.f::( 2015. My commission eXPires:~("c.l:.)DA'dD)~ {seal} OfflCI,I.LSEAL .-. . .....--., . NOTARY puaUO IC STAn:OI'WEBTV!AGIIM ~ ! '~;.. ' MEUSSA A. PATTERSoN .1" . - . VMJ • Admln!t\r&llOn II'ICI fInanCe STATE OF ~ - ~. PO SOl< 820S. MOrQlltown. Wi ~~ :,~ . .... My CommIJI!oo e..p\Iea-MIlCh 17, 2010 COUNTY OF _ _ __ _ _ _ , to wit: _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ , a Notary Public in and for the County and State aforesaid do certify that _ _ _ _ _ _ _ _ _ _ _ _ __ who signed the foregoing writing bearing date the _____ day of _ _ _ _ __ 2015, for American Campus Communities, Inc., a corporation, the member of American Campus Communities Holdings LLC, a Maryland limited liability company, the General Partner of American Campus Communities Operating Partnership, LP, a Maryland limited partnership, has this day in my said County before me acknowledged the said writing to be the act and deed of said institution. Given under my hand and notarial seal this ___ day of ._ __ 2015. My commission expires: _ _ _ _ _ _ _ __ {seal} Notary Public 4 Page 11 of 16 WITNESS the following signatures and seals : WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ON BEHALF OF WEST VIRGINIA UNIVERSITY, a State Institution of Higher Education By: _ _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ AMERICAN CAMPUS COMMUNITIES, OPERATING PARTNERSHIP, LP, a Maryland limited partnership By: American Campus Communities Holdings LLC, a Maryland limited liability company Its: General Partner By: American Campus Communities, Inco, a U\ a.. (j l°ll.NL corporation ::::Me~, q Its: ~r i e~ P /IL3 ;d& THE CITY OF MORGANTOWN, WEST VIRGINIA, a municipal corporation By: _ _ __ _ _ _ __ _ __ Its: City Manager ATTEST: City Clerk 3 Page 12 of 16 STATE OF WEST VIRGINIA COUNTY OF MONONGALIA, to wit: _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ , a Notary Public in and for the County and State aforesaid do certify that _ _ _ _ _ _ _ _ _ _ _ _ __ who signed the foregoing writing bearing date the _____ day of _ _ _ _ __ 2015, for West Virginia University Board of Governors on behalf of West Virginia University, a State Institution of Higher Education, has this day in my said County before me acknowledged the said writing to be the act and deed of said institution. Given under my hand and notarial seal this ___ day of_ _ _ _ _ 2015. My commission expires: _ _ _ _ _ _ _ __ {seal} Notary Public STATE OF 'T \ f.. Cll COUNTY OF ''j f' '\ tJ ;,y , to wit: J{'Cl. f ( ,1 L· 1)\) ; /j /1 L) , a Notary Public in and for the County and State aforesaid do certify that JrlII (:tA- h M ') G-rt.(2 who signed the foregoing writing bearing date the .ri- ). I ~ day of ,1.11\\..\ AT 2015, for American Campus Communities, Inc., a kA3 corporation, the member of American Campus Communities Holdings LLC , a Mar land I.imited liability company, the General Partner of American Campus Communities Operating Partnership, LP, a Maryland limited partnership, has this day in my said County before me acknowledged the said writing to be the act and deed of said institution. Given under my hand and notarial seal this ~L~day Of.J;L'l1!.fu? 2015. My commission expires: niclrc i1 ,q ,....20 It- {seal} Notary Public ~~"j.~·f'!:;.'" KAREN L. WILSON {f:'X~~ Notary Public. State of Texas ~,i;,.~.1;>j My Commission Expires ~~f,:~,~:*~$ March 19,2017 Page 13 of 16 STATE OF WEST VIRGINIA COUNTY OF MONONGALIA, to wit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , a Notary Public in and for the County and State aforesaid do certify that _ _ _ _ _ _ _ _ _ _ _ __ who signed the foregoing writing bearing date the _ _ _ _ day of _ _ _ _ __ 2015, for The City of Morgantown, a municipal corporation, has this day in my said County before me acknowledged the said writing to be the act and deed of said corporation. Given under my hand and notarial seal this ___ day of_ _ _ _ 2015. My commission expires: _ _ _ _ _ _ _ __ {seal} Notary Public 5 Page 14 of 16  PLAT OF SURVEY LEGEND: o PiX NAIL rOlJNO SHOWING 5/8' RCBAfI Wfi'!ASllC CAP fiXlNO (UNLESS OTl1€R1tIs£ NOr£D) PORTION OF UNNAMED ALLEY TO BE ANNULLED o QlLCUUI Tff) POINT SITUATE IN NOTES: \ ./" FOURTH WARD OF MORGANTOWN, /' /' 1. THIS SURVEY WAS CONDUCTED WITHOUT THE MORGAN DISTRICT, TM 14A. PAR 3 BENEFIT OF A LAWYER's TlTLE REPORT AND MAY AMERICAN CAMPUS COMMUNITlES NOT REFLECT ALL EXCEPTlONS, RIGHT-OF-WAYS. MONONGALIA COUNTY, WEST VIRGINIA, TM 14A. PAR 1 OPERA TlNG PARTNERSHIP. LP EASEMENTS OR RESTRICTlONS. SCALE: 1"=20', DATE: JAN. 15, 2015 DEED BOOK 1360. PAGE 39 /' 'ERICAN CAMPUS COMMUNITt. /' OPERATING PARTNERSHIP, LP 2. SEE PLAT OF SURVEY SEE ALTA,/,4CSM LAND TITLE SURVEY FOR WEST VIRGINIA BOARD OF GOVERNORS ON BEHALF OF WEST VIRGINIA UNIVERSfTY BY eTL \ S25'05'~7'~ .OEEO BOOK 1360, PAGE 39 ~ ENGINEERING OF WEST VIRGINIA DATED ~BRUARY 26, 2013, UNRECORDED. 6.82'\ 3. TAX MAP 1414 WAS CREATED TO INCLUDE THE SUNNYSIDE COMMONS DEVELOPMENT AND INCLUDES ±0.02 ACRES 525'05\7"£ PARCELS 1 THROUGH 10, 10. 1 AND 10.2. THESE UNNAMED ALLEY PARCELS ON TAX MAP 1414 REPLACES THE \\ 27.0"5\ PREVIOUS 7:4X MAP 20. PARCELS 183, 184, 184.1, TO BE ANNULLED 185, 186 AND 187 AND TAX MAP 14, PARCEL 193. \ 0 \ TM 14A. PAR 4 \~ c::.. \ AMERICAN CAMPU:i C-VMMUNIIII:.:i OP£RA TINe; PARTNERSHIp, LP N58'55'53 '~~ \ -V...L \ , DEED BOOK 1360, PAGE 39 10.20' 15' \ "V c,\ " ,bra ' \ L ~ \ ~ "<: ~ :t ~ \ ~, 559 '0 1 " 'brft' ~ \'"" .. . . . " " " " .... ••••D..q,.',, ,'0';\•••M. ........ ~, ~y:OW~IHEE I~I~ PE IIff IAOIl~N~IIA Pl.Af HAS ~ su~nl'll I · ~NO AP"'''''eCOUo NTY AOoRtss AO~ !~~..(,.;,cErjS~·.~o\ GUI.ATIONSOFSAla~MIlT£E~~~ \ r~", AS 101 c, RY {<' \ '0 ~ ~ TM 20. PAR 182 f ":'Z- ~IjE MOflOllGAUA COUNTY ~.~;1!ECQI.!OiItI; B'( ~ WEST VIRGINIA UNIVERSfTY : • No. 0S6 ud H ~ BOARD OF GOVERNORS : : : .. : X ·· 'c::7f-... 1 ...L DEED BOOK 1468, PAGE 379 :.:;~.~STATE OF .:,.. ~1Z£l)AGOO-;-V:. " ~ ~ - a·~ '\~"'••~ "'IRG~~;·Ac::i.:o·Tm.E ".'r" ' "' . tL~ ·' ~) ...... ..,.. . c. "VL N24'31 '24''w ~ cr.r~ ....... ~~-~ s~ "....' ~ 0 20 40 ""'" ••••• ONAl u.u',' ~\ 6.83' POTESTA 6 ASSOCIATES. INC. ae'"'l ...@.......;oJ fb'*3 """="'""">" >' "=-1 c, \ ~ ~a r ENCINEERS AND ENVIRONMENTAL CONSULTANTS 7012 MacCorkle Ave. SE, Charieston, WV 25304 TEL: (304) 342-1400 FAX: (304) 343-9031 JOB # 14- 0229- 0 01 OWG: 8XI4 «' VICTOR M. DAWSON P.s. #956 potestaopotesta.com Page 15 of 16  MONONGALIA COUNTY COMMISSI()N 243 ffiGH STREET, ROOM 202 COURTHOUSE MORGANTOWN, WEST VIRGINIA 26505 Eldon A. Callen, Commissioner Telephone: 304 291-7257 Tom Bloom, Commissioner Edward A. Hawkins, Commissioner January 15, 2015 Mr. Ray Urse WV Department of Transportation Division of Highways, District Four P. O. Box 4220 Clarksburg, West Virginia 26302-4220 Dear Mr. Urse: The Monongalia County Commission asked that I contact you with a request to aecrease the speed limit in the area of the intersection of RT. 119 and RT. 73. As you are aware, this intersection is probably one of the most dangerous in Monongalia County. We are averaging at least one serious accident per week. This problem has only gotten worse during the past seyen years. . , We are grateful the DOH has made some improvements with stripping and traffic; control sticks, but this has riot resolved the problem. The Commission would also like you to consider the installation of flashing yelioVil "Caution" lights in the area. This would no doubt bring greater attention to this intersection. A copy of this letter is being sent to the City of Morgantown asking for their suppr)rt since technically the roadway is within the City limits. A.ny consideration you may be able to provide the residents and travelers of Monongalia County' would be greatly appreciated, Thank you. For the Commission, ,!\ , Diane F. DeMedici ..: ~ . County Administrator Monongalia Coun.t y Commission Cc: Jeff Mikorski " Page 16 of 16