City Council

The City of Morgantown 430 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 www.morgantownwv.gov AGENDA MORGANTOWN CITY COUNCIL REGULAR MEETING Mon County Commission Chambers, 243 High Street, 2nd Floor, Morgantown, WV 26505 Tuesday, May 16, 2023 at 7:00 PM 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE: 4. APPROVAL OF MINUTES: A. April 18, 2023, Regular Meeting Minutes B. May 2, 2023, Regular Meeting Minutes 5. CORRESPONDENCE: A. Ixya Vega Proclamation 6. PUBLIC HEARINGS: A. An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Seventh Ward of the City of Morgantown, Tax District 15, Tax Map 55, Parcel 92, from PRO, Professional, Residential, and Office District to B-2, Service Business District 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 B. An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Seventh Ward of the City of Morgantown, Tax District 15, Tax Map 55, Parcel 93, commonly known as 699 Burroughs Street, from PRO, Professional, Residential, and Office District to B-2, Service Business District 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 C. An Ordinance Amending the FY 2022-2023 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 1  D. An Ordinance Amending the FY 2022-2023 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 7. UNFINISHED BUSINESS: A. Consideration of APPROVAL of (Second Reading) of An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Seventh Ward of the City of Morgantown, Tax District 15, Tax Map 55, Parcel 92, from PRO, Professional, Residential, and Office District to B-2, Service Business District 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 (First reading 4/4/2023) B. Consideration of APPROVAL of (Second Reading) of An Ordinance providing for the Zoning Reclassification of certain parcels of Real Estate in the Seventh Ward of the City of Morgantown, Tax District 15, Tax Map 55, Parcel 93, commonly known as 699 Burroughs Street, from PRO, Professional, Residential, and Office District to B-2, Service Business District 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 (First reading 4/4/2023) C. Consideration of APPROVAL of (Second Reading) of An Ordinance Amending the FY 2022-2023 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 (First reading 5/2/2023) D. Consideration of APPROVAL of (Second Reading) of An Ordinance Amending the FY 2022-2023 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 (First reading 5/2/2023) E. Boards & Commissions 8. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION: 9. SPECIAL COMMITTEE REPORTS: 10. CONSENT AGENDA: 11. NEW BUSINESS: A. Consideration of APPROVAL of A Resolution Authorizing Application for a Transportation Alternative Program Grant for Morgantown Municipal Airport Streetscape Design B. Consideration of APPROVAL of A Resolution Authorizing Application for a Transportation Alternative Program Grant for Chestnut Street Streetscape Design 2  C. Consideration of APPROVAL of A Resolution Authorizing Application for a Transportation Alternative Program Grant for Spruce Street Streetscape Design 12. CITY MANAGER'S REPORT: 13. REPORT FROM CITY CLERK: 14. REPORT FROM CITY ATTORNEY: 15. REPORT FROM COUNCIL MEMBERS: 16. EXECUTIVE SESSION: A. Pursuant to West Virginia State Code Section 6-9A-4(2)(9) to discuss acquisition and or development of real estate in the Sixth Ward. 17. ADJOURNMENT: For accommodations please call or text 304-288-7072 3  Item 7A. ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF CERTAIN PARCELS OF REAL ESTATE IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, TAX DISTRICT 15, TAX MAP 55, PARCEL 92, FROM PRO, PROFESSIONAL, RESIDENTIAL, AND OFFICE DISTRICT TO B-2, SERVICE BUSINESS DISTRICT 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. THE CITY OF MORGANTOWN HEREBY ORDAINS: 1. That the zoning designation for Tax District 15, Tax Map 55; Parcel 92 of the Monongalia County tax assessment as described herein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same were fully set forth herein is reclassified from PRO, Professional, Residential, and Office District to B-2, Service Business District. 2. That the Official Zoning Map be accordingly changed to show said zoning classifications. This Ordinance shall be effective from the date of adoption and the Official Zoning Map shall be duly noted with the effective date of adoption. FIRST READING: __________________________ Mayor ADOPTED: FILED: __________________________ RECORDED: City Clerk Page 1 of 1 4  Item 7B. ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF CERTAIN PARCELS OF REAL ESTATE IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, TAX DISTRICT 15, TAX MAP 55, PARCEL 93, COMMONLY KNOWN AS 699 BURROUGHS STREET FROM PRO, PROFESSIONAL, RESIDENTIAL, AND OFFICE DISTRICT TO B-2, SERVICE BUSINESS DISTRICT 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. THE CITY OF MORGANTOWN HEREBY ORDAINS: 1. That the zoning designation for Tax District 15, Tax Map 55; Parcel 93 of the Monongalia County tax assessment as described herein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same were fully set forth herein is reclassified from PRO, Professional, Residential and Office District to B-2, Service Business District. 2. That the Official Zoning Map be accordingly changed to show said zoning classifications. This Ordinance shall be effective from the date of adoption and the Official Zoning Map shall be duly noted with the effective date of adoption. FIRST READING: __________________________ Mayor ADOPTED: FILED: __________________________ RECORDED: City Clerk Page 1 of 1 5  Item 7C. AN ORDINANCE AMENDING THE FY 2022-2023 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. The City of Morgantown hereby ordains: That the FY 2022-2023 Annual Budget of the General Fund of the City of Morgantown is amended as shown in the revised budget (Revision 03) attached hereto and made a part of this ordinance. First Reading: May 2, 2023 ___________________________ Adopted: Mayor Filed: ___________________________ Recorded: City Clerk 6 LGSD BR (Ver. 2020) REQUEST FOR REVISION TO APPROVED BUDGET Item 7C. Subject to approval of the state auditor, the governing body requests CONTROL NUMBER Fiscal Year Ora Ash, Deputy State Auditor that the budget be revised prior to the expenditure or obligation of funds Ending: 2022-2023 West Virginia State Auditor's Office for which no appropriation or insufficient appropriation currently exists. Fund: 001 200 West Main Street (§ 11-8-26a) Revision Number: 3 Clarksburg, WV 26301 Pages: 1 of 1 Phone: 627-2415 ext. 5114 City of Morgantown Fax: 304-340-5090 GOVERNMENT ENTITY Email: lgs@wvsao.gov Person To Contact Regarding Request: 389 Spruce Street Name: Kevin Tennant STREET OR PO BOX Municipality Phone: 304-284-7407 Government Type Fax: 304-284-7418 Morgantown 26508 Email: kevin.tennant@morgantownwv.gov CITY ZIP CODE REVENUES: (net each acct.) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT 301-02-05 Prior Year Taxes 200,000 45,000 155,000 305 Business and Occupation Tax 14,700,000 845,159 15,545,159 307 Animal Control Tax 4,000 1,000 3,000 308 Hotel Occupancy Tax 900,000 108,000 1,008,000 309 Amusement Tax 5,000 2,000 3,000 320 Fines, Fees & Court Costs 300,000 60,000 240,000 NET INCREASE/(DECREASE) Revenues (ALL PAGES) 1,090,119 Explanation for Account # 378, Municipal Specific: Explanation for Account # 369, Contributions from Other Funds: EXPENDITURES: (net each account category) (WV CODE 7-1-9) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT 409 Mayor's Office 15,145 1,000 16,145 415 City Clerk 285,569 4,500 290,069 901 Visitors Bureau 450,000 54,000 504,000 Contributions / Transfers to Other 444 Funds 4,659,258 773,659 5,432,917 900 Parks & Recreation 1,780,000 27,000 1,807,000 910 Civic Center - Municipal Auditorium 59,850 2,000 57,850 707 Dog Warden/Humane Society 26,892 4,200 31,092 750 Streets and Highways 3,307,115 13,500 3,320,615 754 Central Garage 898,463 39,300 937,763 800 Garbage Department 1,630,000 150,000 1,780,000 NET INCREASE/(DECREASE) Expenditures 1,090,119 APPROVED BY THE STATE AUDITOR BY: AUTHORIZED SIGNATURE APPROVAL Deputy State Auditor, Local Government Services Division Date OF ENTITY DATE 7  Item 7C. REVENUES (CONT) City of Morgantown LGSD: BR City of Morgantown CONTROL NUMBER: 2022-2023 001 3 FY FUND REV # BUDGET REVISION REQUEST-SUPPLEMENT ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER CATEGORY APPROVED AMOUNT INCREASE DECREASE AMOUNT 325 Licenses 100,000 20,000 80,000 IRP Fees (Interstate 330 Registration Plan) 145,000 10,000 135,000 341 Municipal Service Fees 4,000,000 100,000 4,100,000 Refuse Collection (Garbage 350 and Trash Fees) 1,630,000 150,000 1,780,000 366 State Government Grants 24,960 24,960 #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Revenues (THIS PAGE) 244,960 Explanation for Account # 378, Municipal Specific: Explanation for Account #369, Contributions from Other Funds: 8  Item 7C. EXPENDITURES (CONT'D) City of Morgantown LGSD: BR City of Morgantown CONTROL NUMBER: 2022-2023 001 3 FY FUND REV# BUDGET REVISION REQUEST-SUPPLEMENT ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER CATEGORY APPROVED AMOUNT INCREASE DECREASE AMOUNT 802 Recycling Center 24,960 24,960 #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Expenditures (this page) 24,960 9  Item 7D. AN ORDINANCE AMENDING THE FY 2022-2023 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. The City of Morgantown hereby ordains: That the FY 2022-2023 Annual Budget of the Coal Severance Fund of the City of Morgantown is amended as shown in the revised budget (Revision 02) attached hereto and made a part of this ordinance. First Reading: May 2, 2023 ___________________________ Adopted: Mayor Filed: ___________________________ Recorded: City Clerk 10 LGSD BR (Ver. 2020) REQUEST FOR REVISION TO APPROVED BUDGET Item 7D. Subject to approval of the state auditor, the governing body requests CONTROL NUMBER Fiscal Year Ora Ash, Deputy State Auditor that the budget be revised prior to the expenditure or obligation of funds Ending: 2022-2023 West Virginia State Auditor's Office for which no appropriation or insufficient appropriation currently exists. Fund: 002 200 West Main Street (§ 11-8-26a) Revision Number: 2 Clarksburg, WV 26301 Pages: 1 of 1 Phone: 627-2415 ext. 5114 City of Morgantown Fax: 304-340-5090 GOVERNMENT ENTITY Email: lgs@wvsao.gov Person To Contact Regarding Request: 389 Spruce Street Name: Kevin Tennant STREET OR PO BOX Municipality Phone: 304-284-7407 Government Type Fax: 304-284-7418 Morgantown 26508 Email: kevin.tennant@morgantownwv.gov CITY ZIP CODE REVENUES: (net each acct.) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT 310 Coal Severance Tax 80,000 50,000 130,000 380 Interest Earned on Investments 100 750 850 #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Revenues (ALL PAGES) 50,750 Explanation for Account # 378, Municipal Specific: Explanation for Account # 369, Contributions from Other Funds: EXPENDITURES: (net each account category) (WV CODE 7-1-9) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT 900 Parks & Recreation 162,211 50,750 212,961 #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Expenditures 50,750 APPROVED BY THE STATE AUDITOR BY: AUTHORIZED SIGNATURE APPROVAL Deputy State Auditor, Local Government Services Division Date OF ENTITY DATE 11  Item 11A. Resolution No. 2023-____ RESOLUTION AUTHORIZING APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM GRANT FOR MORGANTOWN MUNICIPAL AIRPORT STREETSCAPE DESIGN The City Council of the City of Morgantown hereby resolves that the City Manager, or designee, is authorized to submit application for a grant or grants offered by the Department of Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the Morgantown Municipal Airport Streetscape Project including construction of a streetscape project at the Morgantown Municipal Airport to include sidewalks from Mileground Road to the airport terminal, Americans with Disabilities Act accessibility infrastructure, and conduits for new lighting and signage, and that the City Manager or designee may also submit or execute on behalf of the City of Morgantown any and all such other documents or information necessary or helpful to the submission and processing of such application. Adopted this 16th day of May, 2023: ___________________________________ Hon. Jennifer Selin, Mayor ___________________________________ Christine Wade, City Clerk 12  Item 11B. Resolution No. 2023-____ RESOLUTION AUTHORIZING APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM GRANT FOR CHESTNUT STREET STREETSCAPE DESIGN The City Council of the City of Morgantown hereby resolves that the City Manager, or designee, is authorized to submit application for a grant or grants offered by the Department of Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount of Two Hundred Fifty Thousand Dollars ($250,000.00) for the Chestnut Street Streetscape Project including design of a streetscape project for Chestnut Street to include all new sidewalks, improvements or new Americans with Disabilities Act infrastructure, new lighting, and appropriate landscaping where needed, and may include consideration of adding road markings promoting shared use of the street by automobiles and bicycles, and that the City Manager or designee may also submit or execute on behalf of the City of Morgantown any and all such other documents or information necessary or helpful to the submission and processing of such application. Adopted this 16th day of May, 2023: ___________________________________ Hon. Jennifer Selin, Mayor ___________________________________ Christine Wade, City Clerk 13  Item 11C. Resolution No. 2023-____ RESOLUTION AUTHORIZING APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM GRANT FOR SPRUCE STREET STREETSCAPE DESIGN The City Council of the City of Morgantown hereby resolves that the City Manager, or designee, is authorized to submit application for a grant or grants offered by the Department of Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount of Four Hundred Thousand Dollars ($400,000.00) for the Spruce Street Streetscape Project including design of a streetscape project for Spruce Street to consist of a three-lane road, all new sidewalks, improvements or new Americans with Disabilities Act infrastructure, new lighting, and appropriate landscaping where needed, and may include consideration of converting on road lane solely for bicycle use, and that the City Manager or designee may also submit or execute on behalf of the City of Morgantown any and all such other documents or information necessary or helpful to the submission and processing of such application. Adopted this 16th day of May, 2023: ___________________________________ Hon. Jennifer Selin, Mayor ___________________________________ Christine Wade, City Clerk 14