City Council

REGULAR MEETING June 16, 2015: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, June 16, 2015 at 7:00 p.m. PRESENT: City Manager Jeff Mikorski, City Clerk Linda Tucker, Mayor Selin, and Council Members: Ron Bane, Bill Kawecki, Wes Nugent, City Attorney Ryan Simonton, Assistant City Manager Glen Kelly, Deputy Mayor Marti Shamberger, Mike Fike, and Nancy Ganz. The meeting was called to order by Mayor Selin. APPROVAL OF MINUTES: All minutes were approved with a minor amendment to the June 2nd Regular Minutes. Mayor Selin announced that the Ordinance for the Outdoor Dining Permit will be pulled due to the fact that, not enough notice was given per the open governmental meeting act. Public hearing will be presented this evening adoption of Ordinance will occur July 7th, 2015. She also noted that Ordinance amending Article 505 Animals & Fowl general offenses code related to Urban Agricultural will also be pulled from Agenda this evening so that it can be paired with Zoning Ordinances on July 7th, 2015. Public Hearing and Adoption will be on July 7th. Anyone wishing to make comment on either of these topics may do so during the public portion. She then asked for consensus from Council to move forward with Agenda as proposed. Council approved by acclamation. CORRESPONDENCE: Councilor Ganz read a bit of History from Barry Pallay, President of the Upper Monongahela River Association. He noted as recognition of Monongahela River history and importance and to our way of life and as a celebration of our communities success in reopening the locks on the upper Mon. This agreement will allow us all to work together to regrow recreation, commerce and economic development on the upper Mon River both now and for our future generations. (Exhibit A) Mayor Selin honored Mike Fike for years of service to the City of Morgantown while serving on the City Council with a plaque and a key to the City. PUBLIC HEARINGS: PUBLIC HEARING - AN ORDINANCE AUTHORIZING THE CITY TO SUBMIT AN AMENDMENT TO ITS WRITTEN PLAN TO THE HOME RULE BOARD. Mayor Selin declared this Public Hearing open. City Manager, Jeff Mikorski, explained the Home Rule Board process. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING CITY CODE SECTION 507.04 AND REPEALING CITY CODE SECTIONS 507.11 AND 507.12 RELATING TO DESTRUCTION OF DOGS. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. 1  PUBLIC HEARING - AN ORDINANCE AMENDING CITY CODE SECTION 367.04 GOVERNING RULES FOR DESIGNATED PARKING DISTRICTS. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE REVISING THE BOUNDARIES OF THE WILES HILL DESIGNATED PARKING DISTRICT. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE ESTABLISHING THE SUNNYSIDE DESIGNATED PARKING DISTRICT. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING CITY CODE SECTIONS 305.01 AND 305.03 PROVIDING POWER TO REGULATE STREET TRAFFIC AND PARKING DURING REPAIRS OR EMERGENCIES. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 906 OF THE CITY CODE PROVIDING FOR OUTDOOR DINING PERMITS. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 505 “ANIMALS AND FOWL” OF CITY’S GENERAL OFFENSES CODE AS IT RELATES TO URBAN AGRICILTURE. Mayor Selin declared this Public Hearing open. There being no appearances, Mayor Selin declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AUTHORIZING THE HOME RULE BOARD: The below entitled Ordinance was presented for second reading. 2 AN ORDINANCE AUTHORIZING THE CITY TO SUBMIT AN AMENDMENT TO ITS WRITTEN PLAN TO THE HOME RULE BOARD. City Manager explained the Ordinance to Council, motion by Kawecki, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING DESTRUCTION OF DOGS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING CITY CODE SECTION 507.04 AND REPEALING CITY CODE SECTIONS 507.11 AND 507.12 RELATING TO DESTRUCTION OF DOGS. City Manager explained the Ordinance to Council, motion by Kawecki, second by Ganz to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING CITY CODE FOR DESIGNATED PARKING DISTRICTS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING CITY CODE SECTION 367.04 GOVERNING RULES FOR DESIGNATED PARKING DISTRICTS. City Manager explained the Ordinance to Council, motion by Kawecki, second by Ganz to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE REVISING THE WILES HILL DESIGNATED PARKING DISTRICT: The below entitled Ordinance was presented for second reading. AN ORDINANCE REVISING THE BOUNDARIES OF THE WILES HILL DESIGNATED PARKING DISTRICT. City Manager explained the Ordinance to Council, motion by Nugent, second by Fike to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE ESTABLISHING THE SUNNYSIDE DESIGNATED PARKING DISTRICT: The below entitled Ordinance was presented for second reading. AN ORDINANCE ESTABLISHING THE SUNNYSIDE DESIGNATED PARKING DISTRICT. City Manager explained the Ordinance to Council, motion by Ganz, second by Shamberger to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING POWER TO REGULATE STREET TRAFFIC AND PARKING DURING REPAIRS OR EMERGENCIES: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING CITY CODE SECTIONS 305.01 AND 305.03 PROVIDING POWER TO REGULATE STREET TRAFFIC AND PARKING DURING REPAIRS OR EMERGENCIES. 3  City Manager explained the Ordinance to Council, motion by Ganz, second by Nugent to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING URBAN AGRICULTURE: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING ARTICLE 505 “ANIMALS AND FOWL” OF CITY’S GENERAL OFFENSES CODE AS IT RELATES TO URBAN AGRICULTURE. As stated above per Mayor Selin this Ordinance will be adopted on July 7th, 2015 by acclamation of Council. BOARDS AND COMMISSIONS: City Clerk updated council that she met with Chelsi Baker and is now advertising new vacancies in the City’s Newsletter, on the web, and Facebook. She noted that this seems to be getting new activity from volunteers. She then asked for Council’s consent on the reappointment of Linda Durfee on the Library Board. Motion by Nugent, second by Bane to reappoint Linda Durfee to serve another term, motion carried by acclamation. PUBLIC PORTION: Mayor Selin declared the Public Portion open. Mike Pappas, 977 Northwestern Avenue, presented a letter to Council on a pedestrian safety problem at the intersection of Don Nehlen Drive, Willowdale Road with Medical Center Drive/Northwestern Avenue. He stated that this area is used for heavy pedestrian, biking and walking and asked the City to remedy this dangerous situation by properly placing a marked cross walk and a left turn traffic signal arrows for all directions of travel. There being no other appearances, Mayor Selin declared the public portion closed. SPECIAL COMMITTEE REPORTS: No Reports NEW BUSINESS: No new business CITY MANAGERS REPORT: City Manager responded to Mr. Pappas in reference to the pedestrian safety problem and noted that this is a DOH problem and that he would forward his letter onto them and let him know what direction and action they will be taking in that area. New Business: 1. Response From Mon Power Regarding Power Outage Attached is the response that Allen Staggers provided regarding the extended power outage that affected a portion of the City on May 30, 2015. City Manager updated Council on the Power outage on May 30th, 2015 and noted that if Council would like the Mon Power management to speak at a COW in the future to discuss power outages and any other incidents that may occur to let him know. 4 2. Capital Escrow Budget Adjustment The Capital Escrow Fund currently has $615,080 in contingency (unbudgeted). I recommend the following amendments to the Capital Escrow Fund utilizing the contingency: a. As a part of the 2015-2016 Budget, authorization was given to provide City Employees with a 2% one-time Enhancement pay in lieu of a COLA adjustment. The cost for the enhancement pay is $220,000. I recommend that $220,000 from Capital Escrow contingency be budgeted for the employment enhancement pay to be disbursed in July. City Manager explained the Capital Escrow Budget adjustment to Council. After discussion motion by Shamberger, second by Bane to approve $220,000 from Capital Escrow for the employment enhancement pay in July. Motion carried 7-0. b. The West Virginia Botanic Garden received a budgeted Capital Escrow amount of $8,000 from the City to improve their entrance and parking area. The cost of the project to complete the project totaled $9,000. West Virginia Botanic Garden has requested $1,000 from the City to cover the full cost of the improvement. I recognize that the cost overrun is minor and the WV Botanic Garden was responsible in keeping the cost of the project as close as possible to the original budget and recommend budgeting an additional $1,000 to the West Virginia Botanic Garden. Motion by Shamberger, second by Bane to approve $1,000 to West Virginia Botanic Garden to complete their project to improve the park area. Motion carried 7-0. 3. Award of Construction Project In the attached memos from City Engineer Damien Davis and our engineering consultant, David Weaver from AECOM, three bidders responded to the advertised request for proposals on the construction of the 3rd and University Avenue intersection project. The lowest responsible and responsive bidder is Reclaim Company, LLC. I recommend City Council to approve the awarding of the construction contract to Reclaim Company, LLC for the amount of $768,872.00. Funding of this project is through the Sunnyside TIF District. After discussion, motion by Shamberger, second by Kawecki to award the contract of construction of the 3rd and University Avenue intersection project to Reclaim Company for $768,872.00. Motion carried 7-0. 4. Airport Agreement for Broker Services Attached are three agreements with KLM Properties, Inc. for broker services for three vacant office spaces in the Airport Terminal building. Leasing of available office property is an important part of the revenue for the Municipal Airport. By working with a broker, we hope to fill the available offices sooner, without requiring additional manpower of the airport. After discussion, motion by Shamberger second by Kawecki to approve KLM Properties 5  for broker services for three vacant office property at the Airport. Motion carried 7-0. 5. Festival Permit Requested for the Jim Dunn Memorial Scholarship Twilight 5- miler Attached is a request for a festival permit from the City of Morgantown to utilize the Wharf parking garage for the Jim Dunn Memorial Scholarship Twilight 5-miler run on July 10, 2015. This annual event has been very successful and have not had event issues or concerns from the Police Department in the past. I recommend City Council authorize a festival permit to be sent to the ABCA for July 10, 2015 to allow the Jim Dunn Memorial event to take place in the Wharf parking garage. Motion by Nugent, second by Shamberger to approve the festival permit be sent to ABCA for the Jim Dunn Memorial event on July 10, 2015. Motion carried 7-0. REPORT FROM CITY CLERK: City Clerk, Linda Tucker, announced a new liquor license ARIA opening up in the City of Morgantown. REPORT FROM CITY ATTORNEY: No Report. REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane complimented Mike Fike for his service to the City and at times was surprised with his vote. He also noted that the excellent job that he has done as an educator and a Counselor in the Mon County School Systems. He also commented that he has done an even better job as a Councilor for the City of Morgantown. Councilor Bane wished him well, and to enjoy his time and that Morgantown will miss a great citizen. Councilor Kawecki: Councilor Kawecki agreed with Councilor Bane wishing Councilor Fike the best. He asked the City Manager about the lights on Green Street on the far end by Wilson Street. They are flickering and need to be taken care of. Councilor Kawecki mentioned that there is an event in King’s Street Park where there will be a movie “Annie” and a Bounce House and Art Cart. Councilor Nugent: Councilor Nugent announced the next Wiles Hill Highland Neighborhood Association Meeting will be on June 17th, 2015 at 6:30pm starting with the 6  pot luck and 7:00pm the meeting will start. Councilor Nugent then mentioned the citizen that spoke this evening on the pedestrian safety problem on Willowdale Road. He noted that forwarding this issue to the DOH is not appropriate and also to the MPO/CAC committee for their review. He then mentioned along with Willowdale Road still waiting on signage in the 3rd Ward. He noted signage that is needed for and painting of the curbs. He then echoed comments from other colleagues and appreciates the work of Councilor Mike Fike. He is a man of much character and courage. He wished him and his precious wife many years of happiness. Councilor Shamberger Councilor Shamberger thanked the Upper Mon River Association for the river trip on Saturday, June 13th, 2015. She then announced that on June 25th, 2015 Desert Highway will be performing at the Amphitheatre. She then turned her attention to Mike Fike and mentioned that she will miss this nice gentleman sitting beside her and wished him much happiness. Councilor Fike: Councilor Fike humbly gave a sincere thank you to Council and citizens for sharing these times with him. He noted that it has been an honor to serve all the people of Morgantown along with this City Council. Councilor Ganz: Councilor Ganz reported that the building above the Medical Center has a light that works but is bright and is spreading though out the community and is asking the City Manager “Jeff Mikorski” to check into it. Councilor Ganz noted that the expansion of WVU Healthcare parking lot is spreading into the outlying districts in the City. She then updated that the next Suncrest Neighborhood meeting will be on June 25th, 2015 with various topics and they are also planning the summer picnic at Krepps Park on July 14th, 2015. She also noted that anyone wanting to find 7  out information about the Suncrest Neighborhood can go to our website: suncrestna webpage. She then turned her attention to Mike Fike and said that “I remember something that we use to say” “I like Mike Fike”. Mayor Selin: Mayor Selin mentioned that she served on a State Wide Mediation group with Councilor Fike and that is how she first got to know him. She complimented him on his service on the Human Rights Commission and Pedestrian Board and how he can pull down ideas and push them through and most importantly the skill to budget items efficiently. She then requested that the Neighborhood Association Picnics be highlighted on our City’s Website. Mayor Selin mentioned again the 705 and Willowdale corridor. Many people walk that area, her concern as earlier mentioned is safety and requested the City Manager to add this to his list when contacting the DOH. She thanked those Council members that toured the Mon River and mentioned a Community Foundation Event and thanked Council for attending events on her behalf. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 8:10 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 8