City Council

REGULAR MEETING JULY 5, 2017: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, July 5, 2017 at 7:00 p.m. PRESENT: City Manager Paul Brake, Assistant City Manager Angela Cline, City Attorney Ryan Simonton, City Clerk Linda Tucker, and Council Members: Rachel Fetty, Bill Kawecki, Ryan Wallace, Jenny Selin, Ron Dulaney, Mark Brazaitis, and Barry Wendell. The meeting was called to order by City Clerk Linda Tucker, to conduct the administration of oaths and elect the Mayor and Deputy Mayor. ELECTION OF MAYOR AND DEPUTY MAYOR: The City Clerk opened the floor for nominations among Council for the office of Mayor. Nomination by Selin, second by Fetty, to elect Bill Kawecki as Mayor. Roll call vote taken on for Mayor. Motion carried 7-0. There being no further nominations, Bill Kawecki will be the Mayor for the 2017-18 term. The City Clerk opened the floor for nominations among Council for the office of Deputy Mayor. Nomination by Wallace, second by Kawecki to elect Mark Brazaitis as Deputy Mayor. Roll call vote taken on for Deputy Mayor. Motion carried 7-0. There being no further nominations, Councilor Brazaitis will be the Deputy Mayor for the 2017-18 term. OATH OF OFFICE FOR MAYOR AND DEPUTY MAYOR: The City Clerk administered the Oath of Office to Mayor Bill Kawecki and Deputy Mayor Mark Brazaitis for the term of July 5, 2017 to June 30, 2018. Thereafter, Mayor Kawecki assumed the Chair of the meeting and began to conduct the regular business of Council, and thanked all of council for trusting in him to be Mayor. APPROVAL OF MINUTES: The Special Meeting Minutes for June 20, 2017 were approved as printed and Regular Meeting Minutes for June 20, 2017 were approved by acclamation with a minor amendment. CORRESPONDENCE: Councilor Selin read a letter from Mary Wimmer, Organizer for the Morgantown Area Paddlers. (Exhibit A) PUBLIC HEARING – 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. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING – 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. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING ARTICLE 1329 DEFINITIONS AND ARTICLE 1373 NONCONFORMING PROVISIONS OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE. Evelyn Ryan, 225 Dewey Street, noted that grandfathered properties should be considered and the Ordinances should be more specific and clear. There being no other appearances, Mayor Kawecki declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AMENDING PERMITTED LAND USES: The below entitled Ordinance was presented for second reading. 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. Motion by Selin, second by Dulaney, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING CONDITIONAL USES: The below entitled Ordinance was presented for second reading. 1  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. City Manager explained, motion by Dulaney, second by Brazaitis, to suspend the rules and have the City Planner Chris Fletcher explain to council and answer any questions they may have. Motion by Dulaney, second by Brazaitis, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AMENDING NONCONFORMING PROVISIONS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING ARTICLE 1329 DEFINITIONS AND ARTICLE 1373 NONCONFORMING PROVISIONS OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE. Motion by Dulaney, second by Brazaitis, to suspend the rules and have the City Planner Chris Fletcher to answer questions they may have and explain the grandfather change. Motion by Dulaney, second by Brazaitis to adopt the above entitled Ordinance. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk addressed Council representation and gave the option of Council choosing which boards and or commissions they would like to serve on by consensus of Council. Councilor Selin wants to continue serving on BOPARC; Councilor Fetty was nominated for BOPARC as well as the second Councilor; Mayor Kawecki continues to serve on the Historic Landmarks Commission; Deputy Mayor Brazaitis wants to serve on the Metropolitan Theatre Commission; Mayor Kawecki continues to serve on the Morgantown Housing Advisory; Councilor Dulaney would like to serve on the Museum Commission; Councilor Wallace wants to serve on the Parking Authority; Mayor Kawecki is giving up his seat on the Planning Commission and Councilor Dulaney would like to take his place; Deputy Mayor Brazaitis would like to serve on the Sister Cities Commission; Councilor Wallace wants to serve on the Morgantown Traffic Commission; Councilor Wendell wants to serve on the Urban Landscape Commission; Councilor Fetty wants to serve on the Tree Board Commission; Councilor Dulaney wants to serve on the Woodburn School Redevelopment Commission; AD HOC Committees – Councilor Wallace would like to serve on the Airport Advisory Committee; Mayor Kawecki and Councilor Selin wants to continue serving, and Councilor Wallace, and Councilor Dulaney as a backup on the Metropolitan Planning Organization; Councilor Wendell would like to serve on the Bicycle Board; Councilor Fetty would like to serve on the Pedestrian Safety Board; Deputy Mayor Brazaitis would like to serve on the Municipal Green Team; Mayor Kawecki would like to continue to serve on the Sunnyside Up Board, councilor Selin would also like to serve on the Sunnyside Up Board. PUBLIC PORTION: Mayor Kawecki declared the Public Portion open. Stanley Cohen, 416 Elm Street, read aloud a new Council Vision that he prepared for 2017. (Exhibit B) Julie Cryser, 6 Flagel Street, handed out photos to council on a fence across the street from her property that has been a problem for quite some time. She is requesting council to address this issue with the Code Department as soon as possible. Evelyn Ryan, 225 Dewey Street, welcomed the new City Council members and noted that she would be attending meetings periodically. She suggested that council have Town Halls to have better interaction with citizens. She also suggested that Council develop a Morgantown Arts and Activities Council to bring back some of the events that occurred at the Waterfront to restore the Mason Dixon and Arts Festival. SPECIAL COMMITTEE REPORTS: None NEW BUSINESS: A RESOLUTION OF THE CITY OF MORGANTOWN STATING THE REASONABLE EXPECTATION TO REIMBURSE THE CITY OF MORGANTOWN AND CAMPUS NEIGHBORHOODS REVITALIZATION CORPORATION FOR CAPITAL EXPENDITURES MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT BONDS: The above entitled Resolution was presented for first reading. City Manager explained, motion by Dulaney, second by Fetty, to approve the above entitled Resolution. Motion carried 7-0. CITY MANAGER’S REPORT: New Business: 1. Metropolitan Theatre Budget – FY 2018 Attached you will find a copy of the operating budget for the Metropolitan Theatre from July 1, 2017 through June 30, 2018. Previously, the Theatre’s budget was handled through an operating agreement with the College of Creative Arts (CCA) at West Virginia University. CCA would collect revenues and conduct theatrical, music and other performance at the Met and retain monies gained from ticket sales. The 2  agreement between the City and CCA has ceased, as of June 30, 2017, and the college will no longer manage the theatre in its present form. The Theatre Manager has worked with the City Finance Director to determine a budget plan needed to continue the operations of the Met. Be aware that previously scheduled (that will occur this summer and fall 2017) by WVU CCA will run as originally planned. The college will retain revenues from the performances. This new fund presents a balanced operating budget for the fiscal year. This is a similar type of fund analogous to the Morgantown Municipal Airport. Because of this change, the theatre is now considered a City Department. City Manager explained, after discussion, motion by Selin, second by Brazaitis, to approve the operating budget for the Metropolitan Theatre for the fiscal year. Motion carried 7-0. REPORT FROM CITY CLERK: City Clerk reminded council about signing up for the West Virginia Municipal League Conference that will be held here in Morgantown, August 2 - 4, 2017. REPORT FROM CITY ATTORNEY: City Attorney Ryan Simonton welcomed the new City Council and noted that he is available to help Council as needed. REPORT FROM COUNCIL MEMBERS: Councilor Fetty Councilor Fetty thanked everyone and she is already enjoying the process and is looking forward to participating and being a part of a City that she really loves. She thanked Stanley, Jackie, and Evelyn for their comments and they will all be considered. She specifically thanked Stanley for putting the list of things to do for Council in writing. She is very grateful for the contributions of everyone in the City and notes her appreciation for the training that was recently provided for the City Council. They got to meet all the department heads and she really enjoyed it and she is looking forward to serving the City of Morgantown. She announced that the Neighborhood Association Meetings are held on the 4th Monday’s of every month and during the summer there are pot lucks starting at 6:00 p.m. in Jack Robert’s Park. Councilor Wallace: Councilor Wallace noted that they have a good Neighborhood Association that holds a nice community picnics on Sunday afternoon’s. Councilor Wallace would like to be updated on the housing project at 44 Highland Avenue to inform residents that are concerned. He thanked everyone in the City of Morgantown for giving him the privilege of serving on City Council. He encourages any advice, feedback, and assistance from anyone. Councilor Selin: Councilor Selin mentions to the public that there are several openings on the Boards and Commissions and encourages all to step forth and make use of those spots. She announced that the 4th of July parade was great but will be looking for some bands to attend for next year. She mentioned there was a lot of participation in the 4th of July festivities. She requested a hard copy from the City Clerk of the Boards and Commissions List days and times be distributed to Council. She expressed liking Evelyn Ryan’s idea of having Town Halls and suggested to Council that this is something they should pursue. Councilor Dulaney: Councilor Dulaney thanked everyone that supported him during the election, and thanked his family and expressed that he feels honored sitting in the seat. He stated that he plans to work very hard for the employees and his continuants. Deputy Mayor Brazaitis: Deputy Mayor Brazaitis thanked friends, family and voters across Morgantown who made it possible for him to serve on council. He noted this was a community effort and will do his best to serve the people of Morgantown. He stated we can do great work, expand our borders; create a green belt; revitalize our downtown; realize out potential of our Waterfront, Parks, and Recreational areas. He noted that my colleagues are committed to examining ideas of this community in a civil, 3  thoughtful and respectful manner. He noted that it is an honor to serve this City. Councilor Wendell: Councilor Wendell stated that he is happy to be here and thanked his sister for attending this evening from Suburban, Washington. He mentioned going to dinner with Council before the meeting and noted the closeness and enjoyment of the evening. He stated that council must consider the past and look forward to the future. Mayor Kawecki: Mayor Kawecki announced that the Pedestrian bridge issue in Sabraton over Decker’s Creek will be on the agenda for July 18th, 2017. He commented that this council has created expectations and hopes the City can follow through with the ideas. He thanked council for giving him the pleasure to participate. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:00 p.m. _____________________________ ___________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 4