City Council

REGULAR MEETING May 2, 2017: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday May 2, 2017 at 7:00 p.m. PRESENT: City Manager Paul Brake, City Attorney Ryan Simonton, City Clerk Linda Tucker, Mayor Marti Shamberger, Council Members: Ron Bane, Deputy Mayor Bill Kawecki, Wes Nugent, Jenny Selin, Jay Redmond, and Nancy Ganz. The meeting was called to order by Mayor Shamberger. APPROVAL OF MINUTES: Special and Regular Meeting Minutes April 18, 2017 and April 26, 2017 COW Meeting Minutes will be presented at the next meeting. CORRESPONDENCE: Chief Ed Preston presented merit awards and pins for saving lives to the following police officers: Garret Melan, Justin Judy, Ryan Harris, Rich Deaner, Brandon Viola, Dean Cantis, Mike Charlton, Nicole Scott, Brandon Bailey, Josh Nabors, Scott Carl and Civilian Laura Gunter. Mayor Shamberger presented a proclamation to Chief Preston in declaring May 15th as “Law Enforcement Officers Memorial Day” in Morgantown and urges all citizens in honoring the memory of fallen officers and the local Law Enforcement Community. PUBLIC HEARING: AN ORDINANCE AMENDING SECTION 1365.04 OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE AS IT RELATES TO BICYCLE STORAGE RACK REQUIREMENTS. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AMENDING SECTION 1365.04 OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE AS IT RELATES TO BICYCLE STORAGE RACK REQUIREMENTS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING SECTION 1365.04 OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE AS IT RELATES TO BICYCLE STORAGE RACK REQUIREMENTS. City Manager Paul Brake gave an explanation about the amendment. After discussion, motion by Ganz, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk Linda Tucker noted that there are still vacancies pending and will report back at the next regular meeting. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. Jan Derry, 737 Powell Avenue, thanked the Human Rights Commission for their dedication on preparing the Welcome Statement Resolution and the Immigrant, Refugee, Asylee Resolution. She urged Council to adopt the resolutions to continue the work of being an “Inclusive Community” and mentioned a quote by Tony Blair. James Giuliani, 256 Prairie Avenue stated his frustration that the City did not give notice to his tenants of Forest Avenue that there was an event at the Farmers Market and that they would have to move their vehicles. He stated that the students can’t afford the fee of $230.00 and hope the City would reimburse each student. He noted that everyone should be able to live in an inclusive City in a proud manner. Mike Hatfield, 28 Irish Road, noted that he is representing the Community Coalition for Social Justice. He stated that the CCSJ brings together people from Morgantown together to promote social justice. He mentioned a message from President Gee of being a City of tolerance, respect, empathy, rebuke hatred, violence and discrimination. Robert Porter, 848 Riverview Drive, stated that he hoped that this Council and City embrace diversity and learn to live together as one. 1  Richard Dumas, 444 Overhill Street, noted his support for the Resolution for the rights of Immigrants, Refugees and Asylees. He noted that about refugees that Morgantown is the place where they should be. Roger Banks, 444 Overhill Street, stated that he lives with his husband and two dogs and has had HIV for 22 years. He noted that the Welcome statement and statement on Refugees, Immigrants, Asylees rights are important to me for I know what it is like to be a victim of irrational fear and hate. He shared a story of a Uganda man named Hydary Bossa that settled in Morgantown after living on the streets in Nairobi. He is now working as a CAN and will be working at a rehab facility. He mentioned please vote for the Welcome statement and the statement on Refugees, Immigrants and Asylees so that more people like Hydary can become a part of our community. Ex. A. Nathan McClellan, WVU Student living on Forest Avenue affected by slip, stated that he never received a notice that he could not park at the pavilion on that 29th of April. He noted the only flier he received was the one showing where he should park. He mentioned that he does not have $230.00 to pay for a towing fee and asked to be reimbursed. Matt Colsetor, 48 Forest Avenue, WVU student stated that he too had his car towed on April 29th. He noted he had no idea where his car was and when he went to the Parking Authority they told him he would just have to figure it out. David Saville, 613 Hobson, Human Rights Commission Member, stated that he is the author of the Resolution on Refugees, Immigrants and Asylees. He noted that silence is not an option that this City believes in quality and freedom for all. Amber Garcia, 117 Meadow ridge Town Homes, stated that she supports the Resolution on Refugees, Immigrants & Asylees, we are one people. She read a quote from Eleanor Roosevelt “Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Barry Wendell, 1319 Heritage Place, support both Resolutions. He mentioned that we all have common ancestors and are part of one race. He stated that as a child was not allowed to go to swim club because we were Jewish. He stated No One should be discriminated against at anytime, anyplace and that is why I support these resolutions. Megan Smith, 762 Grand Street, supports both Resolutions and noted how relieved she felt moving here from the West Coast seeing the sign “Inclusive Community”. Don Spencer, 687 Killarney Drive, stated that Morgantown has been a welcome community for years. He noted by passing the Welcome Resolution and the Resolution for Refugees, Immigrants & Asylees now the City must have demonstrated their actions. Bill Case, 472 Longview Drive, stated that he supports the approval of both Resolutions. Eve Faulkes, 49 Maple Avenue, WVU Faculty Member, noted that she has Muslim, African American and Spanish students that feel that they are not being treated as well as they should be. She stated that by adopting these Resolutions would help them feel more comfortable in our City. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. SPECIAL COMMITTEE REPORTS: Councilor Ganz mentioned a meeting that will be held on April 25th, 2017 at Suncrest Middle School by the DOH. She noted that the meeting was to provide information on the project at University Avenue/Collins Ferry Road and Baldwin Street. She requested that the City Clerk make this informational packet available to the public and noted that the DOH welcomes comments on the project. NEW BUSINESS: AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF FOUR (4) PARCELS OF REAL ESTATE IN THE SIXTH WARD: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF FOUR (4) PARCELS OF REAL ESTATE IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM R-1A, SINGLE- FAMILY RESIDENTIAL DISTRICT TO B-1, NEIGHBORHOOD BUSINESS DISTRICT AND FROM B-1 TO 2 R-1A BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OFMORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WERE FULLY SET FORTH HEREIN. After discussion, motion by Selin, second by Ganz to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING SECTION 7.05 OF THE CITY CHARTER PROVIDING FOR WARDS AND ADJUSTMENT OF WARD BOUNDARIES: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTION 7.05 OF THE CITY CHARTER PROVIDING FOR WARDS AND ADJUSTMENT OF WARD BOUNDARIES. Motion by Selin, second by Ganz to approve the above entitled ordinance to second reading. After discussion, motion by Selin, second by Kawecki to amend section C to read on or before September 30th. Motion carried 7-0. Motion by Selin, second by Kawecki to amend section (d) 2 by adding and registered voters. Motion carried 7-0. Question was called on the main motion. Motion carried 7-0. AN ORDINANCE PROVIDING A LICENSE AGREEMENT WITH WEST VIRGINIA UNIVERSITY FOR CONSTRUCTION OF TRAILS ON UNOPENED RIGHTS-OF-WAY NEAR FALLING RUN ROAD: The below entitled Ordinance was presented for first reading AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH WEST VIRGINIA UNIVERSITY FOR CONSTRUCTION OF TRAILS ON UNOPENED RIGHTS-OF-WAY NEAR FALLING RUN ROAD, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. City Manager Paul Brake explained the agreement. Motion by Selin, second by Ganz, to approve the above entitled ordinance to first reading. Motion carried 7-0. AN ORDINANCE PROVIDING A LICENSE AGREEMENT WITH BOCCI, LLC: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH BOCCI, LLC ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN DISTRICT TAX MAP 28, PARCEL 134, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. City Manager Paul Brake explained license agreement. Motion by Bane, second by Selin, to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE PROVIDING OF A LICENSE AGREEMENT WITH SENECA VILLAGE, LLC: The below entitled Ordinance was presented for reading. AN ORDINANCE PROVIDING OF A LICENSE AGREEMENT WITH SENECA VILLAGE, LLC FOR AN ENCROACHMENT ON A PORTION OF EIGHTH STREET, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. After discussion, motion by Selin, second by Ganz to approve the above entitled ordinance to second reading. Council suspended the rules to have Damien Davis, City Engineer answer questions. Motion carried 7-0. AN ORDINANCE PROVIDING FOR EXECUTION OF A DISTRIBUTION LINE EASEMENT WITH MONONGAHELA POWER COMPANY: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR EXECUTION OF A DISTRIBUTION LINE EASEMENT WITH MONONGAHELA POWER COMPANY ON A PORTION OF PROPERTY IDENTIFIED ON WESTOVER DISTRICT TAX MAP 11, PARCEL 14, AND DECLARING THE ATTACHED EASEMENT AS A PART THEREOF. City Manager Paul Brake explained. Motion by Bane, second by Selin to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE GRANTING A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO DBI NETWORKS, LLC: The below entitled Ordinance was presented for first reading. AN ORDINANCE GRANTING A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO 3 DBI NETWORKS, LLC FOR THE USE OF PUBLIC RIGHTS OF WAY TO CONSTRUCT, INSTALL, AND MAINTAIN NETWORK FACILITIES FOR TELECOMMUNICATION SERVICES WITHIN THE CITY OF MORGANTOWN. City Manager Paul Brake explained that the document has changed and will defer to the City Attorney for further comments. Attorney Simonton noted that the City will be following code with this agreement and hold the Public Hearing on June 6th giving it a 30-day notice. Motion by Selin, second by Ganz to approve entitled ordinance for a second reading on June 6th, 2017. Motion carried 7-0. AN ORDINANCE EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY: The below entitled Ordinance was presented for first reading. AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY FOR THE PURPOSE OF SUPPLYING POWER TO NEWLY CONSTRUCTED AIRPORT HANGARS. City Manager explained. After discussion, motion by Ganz, second by Kawecki to approve the above entitled ordinance to second reading. Motion carried 7-0. A RESOLUTION SUPPORTING MORGANTOWN WELCOME STATEMENT: The above entitled Resolution was presented for consideration: After discussion, motion by Bane, second by Ganz to approve the above entitled Resolution. Motion carried 7-0. A RESOLUTION SUPPORTING THE RIGHTS OF IMMIGRANTS, REFUGEES, AND ASYLEES: The above entitled Resolution was presented for consideration: After discussion, motion by Selin, second by Ganz to approve the above entitled Resolution. Motion carried 5-2. Nugent & Redmond voted No. CITY MANAGER’S REPORT: New Business: 1. Award Bid for 3rd Street Streetscape Project: Wolfe Landscapes is the recommended contractor suggested from the bids taken on April 26, 2017 per our City Engineer, Damien Davis. Council suspended the rules to have City Engineer Damien Davis answer questions about the project. Question was called. Motion carried 7-0. 2. Forest Avenue Update: City Manager Paul Brake stated that he has been on the phone with Tim Ball at MUB and James Giuliani before tonight’s meeting about this unfortunate situation on Forest Avenue. He noted that Damien Davis has been over every day since the slip has occurred. He said that the opening of the Farmers Market and the parking mishap could have been a miscommunication. He noted that Mr. Davis has given the students a phone number during move out week and the Engineering Department will assist them for it is too dangerous for trucks on Forest Avenue. He stated that you learn from each situation that occurs, Administration will debrief and report back to Council. 3. Airport Hangars: City Manager Paul Brake noted that construction on the 3rd hangar per the Airport Engineer would not have been constructed, even though the plans were there to do so. He stated that there are lots of moving parts in this project, and none of the elements will be dropped. REPORT FROM CITY CLERK: City Clerk Linda Tucker updated Council on the results of the canvassing that the 2017 vote count was 2,772 voters, which is 15% of the total voters. She then spoke about the Public Portion that the City is guided by the State Ethics Act to publish agendas, and have public portions for the public to voice their opinion. REPORT FROM CITY ATTORNEY: No report REPORT FROM COUNCIL MEMBERS: 4 Councilor Bane: Councilor Bane mentioned that University High and Morgantown High will be competing in a Lacrosse Championship and he will be referring both games. He thanked the City Manager for his report on Forest Avenue. Deputy Mayor Kawecki: No report. Councilor Nugent He asked for repair of pot-holes off Stewart Street near Lorentz & First Street. He complimented Public Works on what an excellent job they have done in keeping with the repair of the pot-holes. He noted to the City Manager a new construction on Grove Street and the status of sidewalks, these are the two properties built by the Fairmont Housing Authority. City Manager Paul Brake commented he will report back to Nugent on those properties. He mentioned that at the last Parking Authority meeting there was discussion about Forest Avenue. Councilor Nugent mentioned they were aware of the employees being moved to another area under the pavilion, but who authorized the towing. City Manager Paul Brake stated that flyers were given out to the students that they would have to move their vehicles on April 22,25 and thereafter due to the Farmers Market being held on Saturdays. Councilor Selin: Councilor Selin reported about the Evansdale Neighborhood Meeting and that they had a speaker discussing paving and underpinning problems. Councilor Selin requested that the City make sure underpinning is fixed before the paving of the streets. She appreciates the work of the Councilors that did not retain their seats during the Election. She mentioned that on Oakland Street there is a steam line near President Gees house that needs checked. She appreciates the trails at Falling Run and thank you to those that have made this trail possible, and that this trail is not made for reconstruction for bikes. Councilor Redmond: Councilor Redmond thanked the City Clerk and Staff for their work on the City Election. He noted that there should have been a better turnout. He noted to the City Manager that as it relates to Forest Avenue, welcome to WV where many things are built on a hillside. He stated that Forest Avenue has been neglected for years and this is unfortunate, but do believe that if given the attention needed has the potential to be corrected. He suggested that about the towing of the cars that as a goodwill gesture that the students be reimbursed. Councilor Ganz: Councilor Ganz summarized an e-mail (Ex. B.) she received from a property owner referencing a property on Eastern Avenue that has been condemned and is a health & safety hazard in Suncrest. She noted some construction in Suncrest and if residents have questions please call the City Manager’s office at 284-7405. She mentioned the Safe Community and Welcome Statement was brought to tears with the work of Mayor, Chief of Police, WVUE have done with this naloxone to give people a second chance. Mayor Shamberger: Mayor Shamberger thanked those that have served on City Council and Congratulated the newly Elected Council. She announced that on May 18th at 1:30 p.m. the City will celebrate Gene Vance Day. She wished all mothers Happy Mother’s Day on May 14th, 2017. She noted that with Chief Preston’s presentation this evening makes us aware that drug over-dose is everywhere. She stated that one of the five initiatives of the Safe Communities were have naloxone available and have training. She asked the City Manager about the status of the garbage contract. City Manager Paul Brake responded that the RFP is due June 2, 2017 and will report back to council with bids. She mentioned a phone number in case of another wind storm for residents to call when their power is out and that number is 1- 5  888-544-4887. She made the following announcements: Fiddle Workshop, May 3rd at CAC; Hello Dolly, May 4th at MET; 10 tip for successful gardening, May 6th at Botanic Garden, Farmers Market opens this Saturday May 6th and Friday family walk on May 12 at Botanic Garden. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:40 p.m. __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 6