City Council

REGULAR MEETING August 4, 2015: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, August 4, 2015 at 7:02 p.m. PRESENT: City Manager Jeff Mikorski, City Clerk’s Secretary Heather Carl, Mayor Shamberger, and Council Members: Ron Bane, Deputy Mayor Bill Kawecki, Wes Nugent, Jay Redmond, and Nancy Ganz. Absent was City Clerk Linda Tucker, City Attorney Ryan Simonton, Assistant City Manager Glen Kelly, and Jenny Selin. The meeting was called to order by Mayor Shamberger. APPROVAL OF MINUTES: All minutes were approved with a minor amendment to the July 7th and July 21, 2015 Regular Minutes. CORRESPONDENCE: Mayor Shamberger read a letter from Main Street Morgantown thanking us for supporting them for Kid’s Day 2015. (Exhibit A) Also Mayor Shamberger announced that there will be a Meet your Neighbor on Sunday August 30, 2015 from 2:00 pm – 5:00 pm and it is free to all (Exhibit B): 2nd Annual Motown Mac N’ Cheese Cook-off on August 8, 2015 from 2:00 pm – 5:00 pm; High Street Bazaar at 10:00 am – 1:00 pm. (Exhibit C) PUBLIC HEARINGS: PUBLIC HEARING - AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2, SINGLE-AND-TWO FAMILY RESIDENTIAL 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. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATON OF FIVE PARCELS AND A PORTION OF ONE PARCEL OF REALTY IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT AND (R-2) SINGLE-AND TWO FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT 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. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY DEVELOPMENT AUTHORITY RELATING TO RUNWAY EXTENSION AT THE MORGANTOWN MUNICIPAL AIRPORT. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE AMENDING THE FY 2015-2016 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - AN ORDINANCE OF AMENDING THE FY 2015-2016 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE COAL SEVERANCE FUND. Mayor Shamberger declared this Public Hearing open. 1  There being no appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT OVER PROPERTY LOCATED AT 10 MAPLE AVENUE AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2, SINGLE-AND-TWO FAMILY RESIDENTIAL DISTRICT BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2, SINGLE-AND-TWO FAMILY RESIDENTIAL 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 discussion, motion by Kawecki, second by Redmond, to adopt the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATON OF FIVE PARCELS AND A PORTION OF ONE PARCEL OF REALTY IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT AND (R- 2) SINGLE-AND TWO FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATON OF FIVE PARCELS AND A PORTION OF ONE PARCEL OF REALTY IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT AND (R-2) SINGLE- AND TWO FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT 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. Motion by Kawecki, second by Bane, to adopt the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY DEVELOPMENT AUTHORITY RELATING TO RUNWAY EXTENSION AT THE MORGANTOWN MUNICIPAL AIRPORT: The below entitled Ordinance was presented for second reading. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY DEVELOPMENT AUTHORITY RELATING TO RUNWAY EXTENSION AT THE MORGANTOWN MUNICIPAL AIRPORT. Motion by Ganz, second by Nugent, to adopt the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE AMENDING THE FY 2015-2016 ANNUAL REVISED BUDGET TO THE GENERAL FUND: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING THE FY 2015-2016 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND. City Manager explained, motion by Kawecki, second by Ganz, to adopt the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE OF AMENDING THE FY 2015-2016 ANNUAL BUDGET SHOWN IN THE REVISED BUDGET COAL SEVERANCE FUND: The below entitled Ordinance was presented for second reading. City Manager explained, motion by Kawecki, second by Ganz, to adopt the above entitled Ordinance. Motion carried 6-0. BOARDS AND COMMISSIONS: City Manager, Jeff Mikorski, recommends Noel Hoffman for the Fire Civil Service Commission. Motion by Nugent, second by Ganz to appoint Noel Hoffman as a 2 member of the Fire Civil Service Commission by acclamation. Kristin Cooper, Matthew Blair, and Billie Murray were appointed to the Human Rights Commission by consensus. Also by consensus Council agree to interview new applicants for future Boards and Commissions positions. Councilor Ganz recommended that the City Clerk develop and advertise one specific position descriptions and requirements for available vacancies. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. Randy Jones, 762 Spring Branch Road, Chief of Staff with the Undergraduate Student Government Association, is thanking the Council for appointing Billie Murray, City Council Liaison, and Matthew Blair, Attorney General of the Undergraduate Student Government, onto the Human Rights Commission and said that there will be more students who will be applying for positions in future on the Boards & Commissions. He also noted that on August 14th, 2015 they will be having Honors Day of Service with over 800 freshmen from the Honors College, and over 400 of them will be doing a big cleanup from Sunnyside to High Street and mentioned that if we had any community members that would be interested in doing this event to contact him. The event will be starting at 9:00 am from the CAC and walk downtown via Arboretum and Rail Trail. Ron Justice, Director of Community Relations at WVU, come in this evening to speak on a number of things such as road closures and openings prior to school starting. Jeff Mikorski, City Manager, suggested that it would be a good idea to come in and speak about the events that will be going on for the students. Corey Farris, Brooke Tower, Associate VP & Dean of Students, come in to give us the schedule for the list of events that will be going on. Starting on Friday, August 14th, 2015 is the start of move in day and there will be WVU and the Morgantown City Police that will be directing traffic in most of the intersections throughout town. PRT will reopen on August 10th, 2015 and will be open Friday, Saturday and Sunday until 12:30 am. There will be picnics and cookouts on the Mountainlair Plaza and at the Rec Center and there will also be activities for the students. There is going to be a volleypallooza which is where the volleyball team will be setting up 10 to 15 volleyball nets at the soccer field so any student can come and play with the team and also meet the new coach. There will be food and entertainment throughout this event. On Saturday in the morning and afternoon they will be having 1st Year Academy which allows new and transferred students to get to know their academic departments. Saturday evening The WVU Marching Band will perform at the football stadium for all students that will allow them to enter the field. After they will have a photo taken of all the freshman students and marching band. Sunday, there will be Foodfest at Woodburn Circle and local vendors and restaurants will be having the food and Mountaineer Midway at the Rec Center that consists of activities for the students, and then Fallfest will be on the Mountainlair Plaza and will start at 4:30 pm with the first band and will continue until 9:00 pm. Billie Murray, 382 Overhill, wanted to thank the Council for appointing her to the Human Right Commission and she is very excited to get started. She has been receiving applications from WVU Students for the Boards and Commissions and will pass those on once she gets a chance to go through them. There being no other appearances, Mayor Shamberger declared the public portion closed. SPECIAL COMMITTEE REPORTS: No Reports NEW BUSINESS: AN ORDINANCE AUTHORIZING AN AGREEMENT DANIEL A. NAGOWSKI REVOCABLE INTER VIVOS TRUST AND ROSE MARY NAGOWSKI FOR A PARKING LOT LEASE: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING AN AGREEMENT DANIEL A. NAGOWSKI REVOCABLE INTER VIVOS TRUST AND ROSE MARY NAGOWSKI FOR A PARKING LOT LEASE. City Manager explained, after discussion, motion by Nugent, second by Ganz, to pass the above entitled Ordinance to second reading. Motion carried 6-0. AN ORDINANCE ANNEXING PROPERTY IN MORGAN DISTRICT INTO THE CORPORATE BOUNDARIES OF THE CITY OF MORGANTOWN: The above entitled Ordinance was presented for first reading. AN ORDINANCE ANNEXING PROPERTY IN MORGAN DISTRICT INTO THE CORPORATE BOUNDARIES OF THE CITY OF MORGANTOWN. City Manager explained, motion by Ganz, second by Kawecki, to pass the above entitled Ordinance to second reading. Motion carried 6-0. 3  AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION FOR EMPLOYMENT OF AN ANIMAL CONTROL OFFICER: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION FOR EMPLOYMENT OF AN ANIMAL CONTROL OFFICER. After discussion, motion by Bane, second by Kawecki to pass the above entitled Ordinance to second reading. Motion carried 5-1. (Ganz was against) AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT OVER PROPERTY IN THE FOURTH WARD OF THE CITY OF MORGANTOWN IDENTIFIED AS TAX MAP 15, PARCELS 211 AND 212, AND TAX MAP 19, PARCELS 90,91,92,93,94, AND 95: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT OVER PROPERTY IN THE FOURTH WARD OF THE CITY OF MORGANTOWN IDENTIFIED AS TAX MAP 15, PARCELS 211 AND 212, AND TAX MAP 19, PARCELS 90,91,92,93,94, AND 95. City Manager explained, after discussion, motion by Bane, second by Redmond, to pass the above entitled Ordinance to second reading. Motion carried 6-0. AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT OVER PROPERTY IN THE FOURTH WARD: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT OVER PROPERTY IN THE FOURTH WARD OF THE CITY OF MORGANTOWN IDENTIFIED AS TAX MAP 19, PARCEL 89. City Manager explained, after discussion, motion by Ganz, second by Kawecki, to pass the above entitled Ordinance to second reading. Motion carried 6-0. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH UNIVERSITY PARK AT EVANSDALE, LLC RELATING TO A GIFT FOR TRAFFIC SIGNAL IMPROVEMENTS: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH UNIVERSITY PARK AT EVANSDALE, LLC RELATING TO A GIFT FOR TRAFFIC SIGNAL IMPROVEMENTS. City Manager explained, after discussion, motion by Ganz, second by Kawecki to pass the above entitled Ordinance to second reading. Motion carried 5-1. (Bane was against) AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH POPSHOPWV FOR SPACE IN THE WOODBURN SCHOOL BUILDING: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH POPSHOPWV FOR SPACE IN THE WOODBURN SCHOOL BUILDING. City Manager explained, after discussion, motion by Nugent, second by Ganz, to pass the above entitled Ordinance to second reading. Motion carried 6-0. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH FEOH REALTY, LLC: The above entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING AN AGREEMENT WITH FEOH REALTY, LLC RELATING TO PROPERTY ANNEXATION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS. City Manager explained, after discussion, a handout was given out by Jason Donahue (Exhibit D) motion by Bane, second by Kawecki, to pass the above entitled Ordinance to second reading. Motion carried 6-0. A RESOLUTION AUTHORIZING AGENTS FOR THE CITY OF MORGANTOWN FOR THE TRANSACTING OF FUNDS IN THE DESIGNATED BANKING AND FINANCIAL INSTITUTIONS. The above entitled Resolution was presented for first reading. A RESOLUTION AUTHORIZING AGENTS FOR THE CITY OF MORGANTOWN FOR THE 4 TRANSACTING OF FUNDS IN THE DESIGNATED BANKING AND FINANCIAL INSTITUTIONS. City Manager explained, after discussion, motion by Bane, second by Kawecki, to pass the above entitled Resolution. Motion carried 6-0. CITY MANAGERS REPORT: New Business: Salt Contact Award With summer soon to be over, the focus needs to be toward the coming winter. Requests for bids on rock salt, to treat winter roads, returned here bids as seen in the attached memo from City Engineer Damien David. I agree the City Engineer and recommend the contract be awarded to Cargill Salt for $89,250 for 1,000 tons of treated salt. After City Manager explained, motion by Bane and Kawecki by consensus to award the contract bid for rock salt to Cargill Salt for $89,250. Capital Escrow Amendment Last Council meeting, the amended budget allocated $700,000 to the Capital Escrow Fund. I recommend budgeting the following items from Capital Escrow contingency:  Fire Engine #3 has been removed from front-line use due to frame problems that cannot be fixed. A replacement is immediately needed. I recommend adding $300,000 for a new Fire Engine at a cost of $300,000.  The Monongalia County Health Department did not provide a request during the budget process due to a new director starting without the knowledge of requesting the funds. They have requested the same amount we have provided as in the past, which is $16,000.  Mon River Trails Conservancy (MRTC) requested funding to meet previous years funding for operations. They requested $20,000 during our budget process for operations of the organization, we allocated $10,000 due to constraints at the time. I recommend we complete their funding request with an additional $10,000 due to the efforts they provide along the whole trail system in and outside the City.  The Metropolitan Theater rigging project has been completed, but grant matching was not received from the Metropolitan Theater Foundation as expected. To cover the remaining grant match, I am recommending $50,000 be added to the existing project line item.  In order to facilitate Infrastructure agreements, I recommend $300,000 be allocated to funding these agreements.  I order for the City Clerk to improve record the City’s retrieval process, I recommend allocation $1,000 to initiate the purchase of a Document Retrieval Software.  BOPARC has a number of capital projects that they are requesting funds to complete, from improvements to the Krepps and Marilla Pool and Park, to replacing the Ice Rink roof. I recommend allocating $30,000 toward these BOPARC capital projects. Total allocations from Capital Escrow contingency to projects is $707,000. City Manager explained, after discussion, motion by Bane, second by Kawecki and was approved by consensus. Motion carried 6-0. REPORT FROM CITY CLERK: City Clerk, Linda Tucker, attended the WVML Conference in Wheeling, WV and wanted to thank Heather Carl, her secretary, for attending the meeting on her behalf. REPORT FROM CITY ATTORNEY: No Report. REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane announced that when students return he urges all City Employees who live in the city to walk or try to get another means of transportation to work because it will be a nightmare to get around town due to the several major road closures and the students returning. City Manager, Jeff Mikorski mentioned that he will be meeting with WVU on 8/5/2015 to discuss the situation of how getting around town will be and what can be done about it. Deputy Mayor Kawecki: No report. 5 Councilor Nugent: Councilor Nugent thanked the neighbors for coming out to the National Night Out Picnic and it was a great time listening to the bands and eating some great food. Councilor Nugent wants to know why the road work was not done prior to the students returning when the job was to be done. He wants to know if there is going to be a penalty for not being complete. Councilor Selin: Absent Councilor Redmond: Councilor Redmond announced that there is going to be a dedication of the Hartman Run Bridge in honor of Todd May on Friday, August 7, 2015 at 1:00 pm. There will be some of the Norwood and Jerome neighbors that will be attending. Councilor Ganz Councilor Ganz mentioned that the roads in Mon. County are deplorable. She has due to damage from the potholes. She was in Marshall County and all of the roads there were in great shape, nothing like our roads. Councilor Ganz brought up transportation issues with the Life Flight and how they are not flying at the above 500 feet where they should be. She also mentioned that the lighting and the landing pad is still a neighborhood issue along with noise from the Marching Band that practices at the Coliseum stating if they could show some respect for when they start and end their practice. Mayor Shamberger: Mayor Shamberger announced that the first Friday’s at Woodburn will be held at 6:00 pm on August 7th and it is a monthly event: The Farmer’s Market will be open every Saturday from 8:30 am – 12 pm from May through the beginning of November on Spruce Street under the Pavilion. The market features locally raised vegetables, fruits, cheeses, meats, flowers, baked goods and canned items that are sold on their farms. (Exhibit E) Mayor Shamberger shares her frustrations with Council because of issues that are happening. Mayor Shamberger and Deputy Mayor Kawecki will be attending the WVML Conference in Wheeling, WV. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:14 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 6