City Council

REGULAR MEETING JUNE 6, 2017: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday June 6, 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: Regular Meeting Minutes for 5/16/2017 were approved as amended. CORRESPONDENCE: Mayor Shamberger presented a proclamation for Men’s Health month. Mayor Shamberger read an email from Joshua Hall that was sent to Linda Tucker, City Clerk in regards to the Zoning Reclassification of 358 Kingwood Street. (Exhibit A) Councilor Ganz read an email from Don Spencer thanking Damien Davis, City Engineer, for paving of Harvard Avenue. PUBLIC HEARING: 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 R-1A 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 WERE FULLY SET FORTH HEREIN. Mayor Shamberger declared this Public Hearing open. Evelyn Ryan, 225 Dewey Street, asked if it is possible to put addresses on Ordinances that are for Planning and Zoning so that the citizens know what area the Ordinance is for. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING THE FY 2016-2017 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 AMENDING THE FY 2016-2017 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. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2017-2018. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING SECTIONS III-1(B) LONGEVITY PAY), III-3(B) (SHIFT DIFFERENTIAL), III-4 (HAZARDOUS DUTY PAY), AND III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH. Mayor Shamberger declared this Public Hearing open. 1  There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE GRANTING A NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO DBI NETWORKS FOR THE USE OF PUBLIC RIGHTS OF WAY TO CONSTRUCT, INSTALL, AND MAINTAIN NETWORK FACILITIES FOR TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF MORGANTOWN. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED 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 second 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 R-1A 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 WERE FULLY SET FORTH HEREIN. City Manager explained, motion by Selin, second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET GENERAL FUND: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING THE FY 2016-2017 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 Ganz, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET COAL SEVERANCE FUND: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING THE FY 2016-2017 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. City Manager explained, motion by Kawecki, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2017-2018: The below entitled Ordinance was presented for second reading. AN ORDINANCE AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2017-2018. City Manager explained, motion by Selin, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL, HAZARDOUS DUTY PAY AND SPECIAL SUPERVISION DIFFERENTIAL: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING SECTIONS III-1(B) LONGEVITY PAY), III-3(B) (SHIFT DIFFERENTIAL), III-4 (HAZARDOUS DUTY PAY), AND III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH. 2  City Manager explained, motion by Ganz, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE GRANTING A NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO DBI NETWORKS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AN ORDINANCE GRANTING A NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO DBI NETWORKS FOR THE USE OF PUBLIC RIGHTS OF WAY TO CONSTRUCT, INSTALL, AND MAINTAIN NETWORK FACILITIES FOR TELECOMMUNICATIONS SERVICES WITHIN THE CITY OF MORGANTOWN. City Manager explained, motion by Selin, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk, Linda Tucker, mentioned that the first interview to be done is the Met Theatre because their term has expired. Special Meeting will be held on Tuesday, June 20th, at 6:00 p.m. for Robyn Hess, Kenneth Weiss, and Ed Hawkins. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. Evelyn Ryan, 225 Dewey Street, has lived in the Greenmont are since 1972 and is familiar with the area. She tells everyone a little bit about the history of the neighborhood and why it is all R-1A. She then states that the rezoning of the single family to a business is not a good idea because of the area. Ivy Deal, 408 Cobun Avenue, is against rezoning the R-1A to a B-1 Business District on Kingwood Street. Matthew Held, 213 Kingwood Street, is curious as to why the City would want to add more B-1 to the current B-1 District within Greenmont and South Park on Wilson Avenue. He expressed that the B-1 District is not needed in the area. Shawnda Cook, 1237 River Road, Executive Director with Habitat for Humanity, was asked to come to talk about a solution to preserve the R-1A. She mentions that Habitat for Humanity has Neighborhood Investment Programs and Tax credits which allows a donor to receive State Tax Credits, allowing the parcel owner to be given the tax credit to claim on their State tax return, in turn Habitat for Humanity would be able to apply for Grant Funding and demolish the existing structure and then construct a Habitat House on the parcel. Harrison Case, 136 Sherman Avenue, states that he is for the zoning reclassification of the R-1A to a B-1 district. Tom Guminey, 112 Ann Street, G & G Rentals, is here in regards to the rezoning of the R-1A to B-1 Business district in the Greenmont area. Jay Guminey, PO Box 268 Dellslow, G & G Rentals, asked if the B-1 Neighborhood Business District is the appropriate Zoning Reclassification of the subject parcel. He is asking Council to support the recommendation by the City Planner and Commission to correct this 20-year-old Zoning mistake and support the minor boundary adjustment. Adelheid, Schaupp, 108 Marcus Drive, asks Council if they would please preserve the neighborhood and keep it a R-1A district. Rafe Lambertson, 310 Wilson Avenue, is here tonight to try and encourage Council Members to stop rezoning at 358 Kingwood Street and is not in favor of rezoning the R-1A to a B-1 Business District. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. SPECIAL COMMITTEE REPORTS: Councilor Selin is part of the Chambers Transportation Committee and is asking council to have the City Manager write an editorial letter in the Dominion Post about the Legislature and how the Infrastructure is a very important part of our community needs and our State moving forward referencing SB 1003 and 1006. NEW BUSINESS: AN ORDINANCE AMENDING PERMITTED LAND USES: The below entitled Ordinance was presented for first reading. 3  AN ORDINANCE AMENDING TABLE 1331.05.01 PERMITTED LAND USES OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE AS IT RELATES TO ADMINISTRATIVE OFFICE BUILDING USES. Council suspended the rules to have Chris Fletcher, City Planner, answer questions. Motion by Kawecki, second by Ganz, to approve the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING CONDITIONAL USES: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING ARTICLE 1379 CONDITIONAL USES, ARTICLE 1381 ZONING VARIANCES AND ARTICLE 1385 SITE PLAN REVIEW OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE. Council suspended the rules to have Chris Fletcher, City Planner, answer questions. Motion by Selin, second by Kawecki, to approve the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AN ORDINANCE AMENDING NONCONFORMING PROVISIONS: The below entitled Ordinance was presented for first reading. AN ORDINANCE AN ORDINANCE AMENDING ARTICLE 1329 DEFINITIONS AND ARTICLE 1373 NONCONFORMING PROVISIONS OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE. Council suspended the rules to have Chris Fletcher, City Planner, answer questions. Motion by Selin, second by Ganz, to approve the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE SIXTH WARD: The below entitled Ordinance was presented for first reading. AN ORDINANCE AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL 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 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 WERE FULLY SET FORTH HEREIN. Council suspended the rules to have Chris Fletcher answer questions. After discussion, motion by Selin, second by Kawecki, to deny the above entitled Ordinance to second reading. Motion denied 7-0. AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY AT THE LOCATIONS OF EASTON HILL AND WEST RUN ROAD: The below entitled Ordinance was presented for first reading. AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY GRANTING TWO LINE DISTRIBUTION EASEMENTS IN THE UNION DISTRICT, AT THE LOCATIONS OF EASTON HILL AND WEST RUN ROAD. City Attorney explained, motion by Ganz, second by Selin, to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE PROVIDING FOR INDEMNIFICATION OF OFFICERS AND EMPLOYEES: The below entitled Ordinance was presented for first reading. AN ORDINANCE PROVIDING FOR INDEMNIFICATION OF OFFICERS AND EMPLOYEES OF THE CITY OF MORGANTOWN. City Attorney explained, motion by Ganz, second by Bane, to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING NOISE WAIVERS FOR SOCIAL GATHERINGS: The below entitled Ordinance was presented for first reading. 4  AN ORDINANCE AMENDING SECTION 527.07(e) PROVIDING FOR NOISE WAIVERS FOR SOCIAL GATHERINGS. City Attorney explained, after discussion, motion by Nugent, second by Redmond, to approve the above entitled ordinance to second reading. Motion carried 7-0. CITY MANAGER’S REPORT: New Business: 1. Set Date for Public Hearing – TIF Amendment Application Attached is a resolution to set the public hearing on June 20, 2017 (the next regular City Council meeting) for the TIF Amendment Application. The detailed report of the Amendment to Sunnyside Up Project No. 1 was provided in the May 30, 2017 meeting packet. As advised by Brian Helmick, special legal counsel to Campus Neighborhood Revitalization Corp, the public hearing will be conducted to gain public input and comment to the proposed document and submit the information to the West Virginia Development Office for review and action. City Manager explains, motion by Kawecki, second by Bane to approve the Resolution for the next meeting June 20, 2017. Motion carried 7-0 2. Hazel Ruby McQuain Grant Request – Letter of Support for Improvements to Riverfront Park As discussed at the Committee of the Whole meeting, a grant application will be submitted to the Charitable Trust proposing improvements to both the amphitheater and riverfront park, as detailed in a study conducted by Brailsford & Dunlavey. The attached letter outlines the specific improvements proposed. The letter will be submitted as an attachment to the grant proposal. City Manager explains, motion by Bane, second by Ganz, to approve the letter that will be submitted with the grant proposal. Motion carried 7-0. 3. Information about the Contract Award for the Electrical Materials and Delivery As per the modified arrangement to approve the bid award for Airport T-Hanger Project (approved at the April 18th regular City Council Meeting), the City Manager has awarded the bid for the electrical materials package and delivery to to State Electric Supply, Inc in the amount of $97,134.43. No council action is needed – this attached document is presented for information purposes. 4. FY 2018 Municipal Airport Fund Budget Attached you will a proposed copy of the operating budget for the Morgantown Municipal Airport for the upcoming fiscal year. This is not required to be included in the annual State Auditors budget document, so Council is presented the budget at this meeting. The spending plan includes $2,417,108 for the upcoming fiscal year. City Manager explained, motion by Bane, second by Nugent to suspend the rules and have the Airport Director, Mick Galusky, answer any questions to Council. Motion carried 7-0. 5. FY 2018 Airport Improvement Fund The Proposed Budget and Carryover Budget, for the Airport Improvement Fund, includes a $3,555,326 capital improvement spending plan. Included in the packet is a detail of the hangar construction and runway extension projects for the upcoming year. After discussion, motion by Bane, second by Kawecki to suspend the rules and have the Airport Director, Mick Galusky, answer any questions to Council. Motion carried 7-0. 6. Jim Dunn Memorial Scholarship Twilight 5-Miler 5  The City has received a request from the Committee organizing the annual Jim Dunn Memorial Scholarship Twilight 5-Miler. The request is to serve alcoholic beverages at the awards ceremony and banquet, held at the Wharf Parking Garage, and catered by Oliverio’s Restaurant at the Wharf. Motion by Bane, second by Nugent to approve the request for allowing the Committee to serve alcoholic beverages at the awards ceremony and banquet. Motion carried 7-0. 7. Airport Hangers City Manager updated on the Airport Hangars and the progress that has been done. REPORT FROM CITY CLERK: Information: 1. Lessons Learned from the 2017 Election After discussion, Council requested from the City Clerk to get a total number of what it would cost to combine our election with the County. REPORT FROM CITY ATTORNEY: Ryan Simonton mentioned the Public Hearing on the Charter Provisions for the Ward & Boundary that was going to be held on June 20th because of an issue with the publication notice. Ryan requests for Council to reset that hearing date for July 18th so that would give a 30-day notice. By acclamation from Council the hearing is set to be on July 18th. REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane announces that this will be his last meeting due to going out of town helping his girlfriend’s father on the farm. He stated he attended 541 meetings including the Regular and COW; he voted 6,500 times on items; He started on council at the age of 35 years old and is leaving at the age of 51 years old. He states that he has grew up most of his adult life on City Council and it has been interesting. His 3 children who were 11, 8, and 4 years old when he started are now 27, 24, and 20. His oldest son 27, has received his Bachelor’s Degree, his daughter 24, received her Bachelor’s Degree and Masters, and his youngest son, is currently enrolled at WVU; He also had received his PhD in the 16 years of being on council; He lost both of his parents in 2005 and 2006; He worked with 18 different council members; 5 different City Manager’s; 3 U.S. Presidents. He also thanks all City Employees for all the hard work. He mentions some special people as he served and thanks them for being such great employees; Linda Tucker, City Clerk, Dan Boroff, past City Manager, and Wes Nugent. He also wants to thank Carolyn Hampson for being such a great supporter and always being there. He mentions that he is honored to have been on council and to represent the City that he loves. He mentioned a quote by Milt Cohen “your nothing but a bunch of kids playing with matches” and states that you can look at the statement and say the policy is our match, what your future holds, and the future of council, that we do not strike a match and burn the city. He thanks everyone he has served with and wishes the next council and the City Manager, Paul Brake the best. Deputy Mayor Kawecki: Deputy Mayor Kawecki acknowledges what a graceful exit speech Ron Bane gave as he serves his last meeting tonight. He thanks Ron for all that he has done and accomplished throughout his time on council. He expressed that he believes Ron’s intentions were always the best of the City and he respects what he did. Councilor Nugent Councilor Nugent thanked Ron for the kind words and noted that he was the one that showed Milt Cohen how to use the internet back in his cable days. 6 Councilor Selin: Councilor Selin requested to replace signage in White Park in honor of Ron Bane. Met with the Evansdale Neighborhood Association and went on a tour in the fourth Ward with the City Manager, Paul Brake. Attended Thursday night Psalms of Scott Run at the Met Theatre which included music and stories and was very historical, current and interesting. BOPARC, the City, the County, and WVU are working hard to fully program the Riverfront for the Summer. Flyer in the Sunday paper that can be obtained at the Library, City Hall, BOPARC Office, which has all the listings of what will be going on during the summer months down at the Riverfront. She mentions that there will be 2 concerts at Krepps Park that are not listed on the flyer, June 13th, Latin Jazz with James Moore Quintet at 7:00 pm and then associated with the neighborhood picnic July 18th, starting at 5:00 pm and then at 7:00 pm the Jacobs Ferry Stragglers will play, and all of council is welcome but will miss out on the band because it is the day of the City Council Meeting. Councilor Redmond: Councilor Redmond wants to express his gratitude toward Ron Bane and wished him the best of luck. He also notes that he himself will be leaving and being a longtime observer of City Council, his father was on council back in the 1970’s and thanks everyone for the time he has spent on council. Councilor Ganz: Councilor Ganz thanked Ron Bane for his service to the City of Morgantown for 16 years. She mentioned that since the last meeting they had the Suncrest Elementary School Dedication. She announced the Suncrest Neighborhood Association Picnic will be on July 18th at 5:30 pm Mayor Shamberger: Mayor Shamberger thanked Ron Bane and states that he can now enjoy his life. She mentions the Gene Vance Day and thanks all the staff and employees for all their work. She talks about the Safe Communities Initiative, Dan Shook, who organized a group of people looking at opening a Sober Center for Morgantown and will be hearing more about that in the months to come. She wants to thank Jack Thompson, and Arts Mon, and the University Dean Kreider for the dinner at the CAC about the Arts future that she attended a few weeks ago. She congratulates Scott’s Run and their celebration at the Met Theatre. She thought it was fantastic that they had great music, history and energy and showed how everyone got along when people come in to Scott’s Run. She made some announcements; Young Frankenstein will be Thursday – Sunday June 8th - June 18th at 7:30 pm at the WVPT; Stand-up Comedy Thursday June 8th – June 19th at 9:00 pm at M.T. Pockets; Friday Family Walk June 9 th at 10 am- 12 pm at WV Botanic Garden; Allegheny Chamber Players June 11th at 4 pm at the Mon Arts Center; Adult Relaxation Night, June 12th at 5:30 pm – 7:30 pm at the Morgantown Public Library; Concerts in the Park June 13th at 7 pm at Krepps Park; Hike the Park June 4th at 6 pm at Mason- Dixon Historical Park. She stated the meeting was very interesting and memorable and thanked everyone for their input. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:30 p.m. __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 7