City Council

304-284-7439 MORGANTOWN Morgantownwv.gov CITY CLERK 430 Spruce St. Morgantown, WV 26505 AGENDA CITY COUNCIL REGULAR MEETING Mon County Commission Chambers, 243 High Street, 2nd Floor, Morgantown, WV 26505 Tuesday, April 02, 2024 at 7:00 PM 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE: 4. APPROVAL OF MINUTES: A. March 19, 2024, Regular Meeting Minutes B. March 26, 2024, Special Meeting I Minutes C. March 26, 2024, Committee of the Whole Meeting Minutes 5. CORRESPONDENCE: A. Sexual Assault Awareness Month Proclamation - Autumn Williams B. Fair Housing Month Proclamation - Vickie Ashcraft C. Riverfront Task Force presentation - Steve Selin 6. PUBLIC HEARINGS: A. An Ordinance amending the FY 2023-2024 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 7. UNFINISHED BUSINESS: A. Consideration of APPROVAL of Ruby Summer Concert Series Catering Event Permit B. Boards & Commissions 8. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION: 9. SPECIAL COMMITTEE REPORTS: 1 10. CONSENT AGENDA: A. Consideration of APPROVAL of (Second Reading) of An Ordinance amending the FY 2023-2024 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 3/19/24) B. Consideration of APPROVAL of (First Reading) of An Ordinance Updating the Codified Ordinances of the City of Morgantown, West Virginia 11. NEW BUSINESS: A. Consideration of APPROVAL of (First Reading) of An Ordinance Amending the Private Outdoor Designated Areas in the City of Morgantown B. Consideration of APPROVAL of A Resolution Authorizing Requests for Congressionally Directed Spending for Morgantown Fire Station Training Facility and for Downtown Historic Revitalization Subgrant Program 12. CITY MANAGER'S REPORT: 13. REPORT FROM CITY CLERK: 14. REPORT FROM CITY ATTORNEY: 15. REPORT FROM COUNCIL MEMBERS: 16. EXECUTIVE SESSION: 17. ADJOURNMENT: For accommodations please call or text 304-288-7072 2  City of Morgantown Item 4B. SPECIAL MEETING I MINUTES March 26, 2024 Special Meeting March 26, 2024: The Special Meeting of the Common Council of the City of Morgantown was held in Monongalia County Commission Chambers on Tuesday, March 26, 2024, at 6:00 p.m. Present: Deputy Mayor Joe Abu-Ghannam, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, Dave Harshbarger, and Brian Butcher. Mayor Jenny Selin was absent. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9a-4(b)(2)(a) to discuss matters in considering new appointments for Board and Commissions. Motion by Councilor Trumble, second by Councilor Butcher, to go into executive session. Motion carried by acclamation. Present: City Council. Time: 6:01 p.m. Scott Frederick – Historic Landmarks Commission James Giuliani 1st Ward – Planning Commission & Historic Landmarks Commission Matthew Cummons – Tree Board Pursuant to WV State Code Section 6-9A-4(b)(12) to discuss matters protected by attorney-client privilege. Adjournment: There being no further business, motion by Councilor Harshbarger, second by Councilor Kawecki, to adjourn the meeting. Time: 7:10 p.m. ___________________________ ___________________________ City Clerk Mayor 3  City of Morgantown Item 4C. MINUTES COMMITTEE OF THE WHOLE MEETING March 26, 2024 The Committee of the Whole Meeting, March 26, 2024: The Committee of the Whole Meeting of the Common Council of the City of Morgantown was held in Monongalia County Commission Chambers, on Tuesday, March 26, 2024, at 7:14 p.m. PRESENT: City Manager Kim Haws, Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, Deputy Mayor Joe Abu-Ghannam, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, Dave Harshbarger and Brian Butcher. Mayor Jenny Selin was absent. The meeting was called to order, by Deputy Mayor Abu-Ghannam. PRESENTATIONS: A. Cityworks Launch – Marvin Davis Marvin Davis presented to council Cityworks and when it will be launching. B. Mon Valley Greenspace Coalition Presentation – Rick Landenberger Rick Landenberger presented an update on the Mon Valley Greenspace Coalition Green Belt. C. Your Community Foundation of North Central West Virginia, Inc. Activities Update – Patty Showers Ryan, President and Laurie Abildso, Vice-President Patty Showers Ryan and Laurie Abildso presented and update on the Your Community Foundation of North Central West Virginia, Inc. D. 2020-2023 Strategic Plan Review Final Report Assistant City Manager Emily Muzzarelli presented the 2020 – 2023 Strategic Plan Review. PUBLIC PORTION: Deputy Mayor Abu-Ghannam opened the public portion and asked if there was anyone wishing to speak. There being no one wishing to speak, Deputy Mayor Abu-Ghannam closed the Public Portion. ITEMS FOR DISCUSSION: A. An Ordinance amending the Zoning Code to Establish a Use Classification for Smoke Shop or Tobacco Store, Establish Definitions Related to the Use, and Provide for Permitted Uses and Supplemental Conditions Related to the Use and Related Defined Terms City Attorney Ryan Simonton presented the amended Zoning Code. After discussion and questions, this item is being referred to the Planning Commission. 4  City of Morgantown Item 4C. ADJOURNMENT: There being no further business motion by Councilor Trumble, second by Councilor Kawecki, to adjourn the meeting. Time: 8:33 p.m. ___________________________ ___________________________ City Clerk Mayor 5 Item 5A. 6 Item 5B. 7  Item 5C. Morgantown Riverfront Opportunity Analysis Compiled by Morgantown Riverfront Revitalization Task Force December 2023 Riverfront opportunities identified here were drawn from preliminary results from the Fall 2023 Riverfront Assessment walkabout and online survey: City Policy/Concepts 1. Think of Riverfront as a “holistic” geographic corridor 2. Work towards planning, designing, managing, and marketing “One Riverfront” Corridor 3. Work towards alignment of Riverfront stakeholders under “One Riverfront” Concept 4. Activate “One Riverfront” Corridor across space and time 5. Work towards city control over more Riverfront properties Short-term Projects 1. Complete a Riverfront Master Planning process for the inclusive Riverfront Corridor between the MUB facility and the WVU Arboretum to be integrated with a Downtown Morgantown Master Plan 2. Improve pedestrian connectivity between the Riverfront Corridor and the Sunnyside/Downtown/First Ward/White Park districts 3. Complete Trail Lighting along entire Riverfront Corridor 4. Acquire City Control over Heritage Park 5. Install adventure playground and shelter at Heritage Park adjacent to Morgantown Dam 6. Construct youth-oriented, mountain bike “pump-track” adjacent to Rail-trail just south of Heritage Park 7. Further activate Public Marina and Kayak Rental Facility 8. Collaborate on two informational, glassed-in bulletin boards along Mon River Rail-trail at the Seneca Center and junction of Deckers and Mon River Rail-trail Longer-term Projects 1. Control homelessness/ vagrancy along Riverfront 2. Construct walking/fishing trail along river between Morgantown Dam and Public Marina 3. Enhance and support public fishing access sites 4. Like Star City, create historical, interpretive signing along Riverfront 5. Activate more signature Riverside events and programming 6. Create long-term funding mechanisms for Riverfront enhancement project 8  Item 5C. Morgantown Riverfront Work Plan/Budget Items 2024 1. Complete a Riverfront Master Planning process for the inclusive Riverfront Corridor between the MUB facility and the WVU Arboretum to be integrated with a Downtown Morgantown Master Plan 2. Improve pedestrian connectivity between Morgantown Riverfront Corridor and Downtown/adjacent neighborhoods 3. Complete Trail Lighting along entire Riverfront Corridor 4. Install adventure playground and shelter at Heritage Park adjacent to Morgantown Dam 5. Construct youth-oriented, mountain bike “pump-track” adjacent to Rail-trail just south of Heritage Park 6. Collaborate on two informational, glassed-in bulletin boards along Mon River Rail- trail at the Seneca Center and junction of Deckers and Mon River Rail-trail 7. Further activate Public Marina and Kayak Rental Facility 8. Continue eradication of invasive species For more information on the work of the Morgantown Riverfront Revitalization Task Force, contact: Dr. Steve Selin Professor Emeritus, West Virginia University Chair, Morgantown Riverfront Revitalization Task Force Email: sselin@wvu.edu Cell: 304-216-6399 9  Item 5C. Stakeholder Assessment of the Morgantown Riverfront: An Online Survey Compiled by Morgantown Riverfront Revitalization Task Force March 2024 For more information, please contact: Dr. Steve Selin Professor Emeritus, West Virginia University Chair, Morgantown Riverfront Revitalization Task Force Email: sselin@wvu.edu Cell: 304-216-6399 10  Item 5C. Background  Sponsored by Morgantown Riverfront Revitalization Task Force  Data collected in Fall 2023  Strengths, Challenges, Vision, Next Steps, and Comments  Purpose—to understand stakeholder interests and concerns; to inform development decisions  Morgantown Riverfront: Property zone between Don Knotts Blvd. and Mon River from MUB Water Plant to MUB Sewage Treatment Plant Methods  Started with in-person Riverfront Walkabout held October 26, 2023  Expanded to online survey format using ARCGIS  Five open-ended questions  Survey link shared with community, economic, and riverfront stakeholder groups-- ASCEND, MSM, Council, MAP, MRTC--and a City of Morgantown press release:  Purposeful Sampling Approach  Data analyzed with NVIVO 12 Qualitative Software into meaningful categories  119 Stakeholder Survey Responses 11  Item 5C. Question 1: Greatest Current Strengths of Morgantown Riverfront? ______________________________________________________________________________ Riverfront Strengths Mentions % of Total (119) Rail-Trail 63 52.9 Ruby Amphitheater 58 48.7 The River—Views 34 28.6 Restaurants 22 18.5 Many Public Access Spots 13 10.9 Close to Downtown & Neighborhoods 12 10.1 Current Revitalization Efforts 12 10.1 Parks/Greenspace 12 10.1 River Recreation Access 11 9.2 Riverfront Local Businesses 7 5.9 Bike & Kayak Rentals 6 5.0  “The rail trail is certainly the greatest strength of the Riverfront. It's connection to Fairmont, Uniontown, and in the future Pittsburgh and DC...the potential of the rail trail cannot be overlooked economically.”  “The concert venue and programming is the best thing happening in Morgantown in the summer. The amphitheater space is a great start, but the area could be so much more. There could be art installations, more trees, a more consistent use for festivals and events.”  “I went to San Antonia, TX several years ago and walked along their Riverwalk. Their “river” is literally a narrow, concrete-lined ditch! The water is a few feet deep, allowing very shallow watercraft. We have a REAL river! We need to embrace it, clean it up, develop it appropriately, keep it SAFE, and make it a focal point of our city.”  “All the upgrades that have been made were necessary, practical, well-implemented and much needed improvements. It's made a world of difference and should be used as the foundation for improving the area moving forward.” 12  Item 5C. Question 2: Greatest Current Challenges of Morgantown Riverfront? ______________________________________________________________________________ Riverfront Challenges Mentions % of Total (119) Unhoused Issue 73 61.3 Trash/Pollution 29 24.4 Need Holistic Approach to RF 23 19.3 Parking Needs 22 18.5 Under-developed Property 18 15.1 Dedicated Funding 17 14.3 Industrial Structures 11 9.2 Lack of Cooperation 10 8.4 Property Control 9 7.6 Sustainable Development 8 6.7 Lighting 5 4.2  “The greatest challenge facing our riverfront area are the homeless encampments. After running or riding my bike past the groups of people living in the woods right on the edge of the waterfront district, I don’t feel comfortable parking my car and loading my bike in and out of it by myself after dark. As a woman who is hoping to have children soon, I am unsure of whether I would feel safe, parking my car in the waterfront area and loading and unloading my children by myself to take them to the waterfront.”  “Safety given the homeless population. Pollution in the water. I was recently in San Francisco and it was amazing to go to a city park where everyone was sitting on the beach and swimming in the water. The sign that says something like "beware of sewage run-off" in the Mon is a such a huge turn off.”  “Thinking about the riverfront in a holistic manner. With the exception of the trail, it can feel disjointed (Sunnyside, WVU, Wharf and underutilized commercial area north of the MUB plant). Uses along the riverfront should complement downtown and vice versa. No one is solely focused on this area or allocating funds to improve it. It's not adequately connected to the downtown and with a few exceptions, a lot of the properties look neglected and unattractive.” 13  Item 5C. Question 3: Your Long-term Vision for Morgantown Riverfront? ______________________________________________________________________________ Riverfront Vision (Character) Mentions % of Total (119) Walking Connections to DT & Neighborhoods 29 24.4 River Interaction/Connections 28 23.5 Clean 25 21.0 Safe 23 19.3 Community-based 14 11.8 All Ages/Family-Friendly 12 10.1 Diversity of Uses 12 10.1 Gathering/Hang-out Spot 11 9.2 Sustainability 10 8.4 Hub/Focal Point for City 9 7.6 Natural 8 6.7  “New infrastructure and amenities would be developed to connect/integrate the riverfront with downtown and adjacent neighborhoods, including WVU, First Ward and Sunnyside. I live in South Park and I walk there either on the Decker's Creek trail or on Walnut St. and neither feels safe at all times. I absolutely hate crossing the street at University and Walnut. The traffic feels very dangerous and crossing at Pleasant St. is even worse.”  An immersive waterfront. A place to go to enjoy the river, the trail, the beautiful outdoors, and local businesses along both sides of the river. The riverfront vision should be for people of all ages and means, with open space and access as well as activities that are free and low cost. I'd also like to see options to use the river--paddle boarding, canoeing, kayaking, or perhaps river boat tours.  “It would be nice to have a great boardwalk lined with restaurants, bars, shops and hotels similar to the Wharf in DC.”  A “third space” where people gather and share emotion and connection, primarily through art, music, interaction, recreation, and play. 14  Item 5C. Question 3: Your Long-term Vision for Morgantown Riverfront? ______________________________________________________________________________ Riverfront Vision (Experiences) Mentions % of Total (119) River Recreation 28 23.5 Live Entertainment 27 22.7 Shops/Small Business 27 22.7 Dining 26 21.8 Trails 25 21.0 Parks/Green Space 21 17.6 Walking/Biking 21 17.6 Fewer Unhoused 19 16.0 Festivals/Markets/Events 18 15.1 Public Art 11 9.2 Parking 9 7.6 Fishing 8 6.7  “These amenities would give people more opportunities to interact with the river (i.e. boardwalk, small fishing piers and small gathering spaces).”  “My vision for the waterfront - A sustainable greenspace that offers high-quality leisure activities including walking, running, cycling, and river recreation (paddling, swimming, fishing, bird-watching, botanizing for native riparian vegetation, and relaxing next to the clean, pure water).”  “I want a “village/square” along the river with cafes, restaurants, condos/apts, - a place with year-round events for the community to gather (see the “Marketplace square” in Knoxville).”  “Make it EASIER for local talent to be able to access and use the space. We have such an amazing array of performers here in Morgantown that it is shameful how difficult the facilities are to them. We should have nights DEDICATED to them. That and local talent from around the state/region. Give 'em a night!” 15  Item 5C. Question 4: Short-term Actions for Morgantown Riverfront? ______________________________________________________________________________ Riverfront Short-term Actions Mentions % of Total (119) Solve Unhoused Issue 35 29.4 Clean-up Trash/Pollution 23 19.3 Stronger Riverfront Leadership 21 17.6 Police Presence 16 13.4 More Community Events 15 12.6 Walking Connections to DT & Neighborhoods 10 8.4 Lighting 9 7.6 More Diverse Businesses/Attractions 8 6.7 More Parking Options 8 6.7 Clean-up Deckers Creek 8 6.7 More Bike/Kayak Rentals 7 5.9  “Develop a strategy to cleaning the river, increase programming (events, social services, festivals, concerts, art walks), create a masterplan to connect the riverfront to the downtown.”  “Planning! With public input. Pursuing property owners for the items listed above. Work with FOD to help solve the remaining runoff issue and do a feasibility study for the water park. Talks with MUB about a future clean-up of industrial infrastructure on the shoreline.”  “I'd like to see someone engage the trail-side businesses and see if they are interested in working together to do cross-promotions around events like the handmade market and the City's concert series.”  “The waterfront will be a community-oriented, all-inclusive, diverse and equitable place where everything is sustainable and everyone collaborates in partnership for a sustainable future, while relaxing and sipping an affordable local craft beer next to the restored Monongahela River, watching river otters and great blue herons.” 16  Item 5C. Survey Conclusions Respondents generally want:  To interact more intimately with the river during their visit.  The community to address the unhoused issue along the Riverfront.  To feel safe and experience a clean Waterfront area.  To activate under-utilized or dilapidated space or buildings using appropriate development strategies to achieve long-term goals for the Riverfront.  More community-based events, festivals, markets, shops, restaurants, and attractions.  Safe pedestrian access to Riverfront from Downtown and neighborhoods.  More creative development projects—a sampling…..Boardwalk with shops, bars, and restaurants along the river; sink a barge and build shops, bars, restaurants; residential housing along the river; a staffed visitor center; a PRT Station at Waterfront Place; mountain bike features and youth pump track next to the trail; a whitewater park, trail system on both sides of the river; a zipline across the river; a fishing trail along the river.  Their Waterfront to be a gathering or hang-out place, a proud focal point for the City of Morgantown.  To have access to more inclusive, family-friendly trail and river-based recreation activities.  Are generally happy with current Riverfront Revitalization efforts, they love the trail and the amphitheater and concert series, but they see so much more potential for the Morgantown Riverfront that can happen with the proper investments.  To see a more holistic and strategic approach taken to enhance the Morgantown Riverfront. To see more focus, planning, staffing, organization, investment, marketing, and cooperation brought to bear on this “One” Riverfront zone to achieve long-term vision and goals. “The Morgantown Riverfront……..“Think of it like a chill place with nature, eco-friendly tech, and cool community spaces. The goal is to make the Morgantown Riverfront awesome for everyone over the next ten years.” 17  3A. Item 7A. 304-284-7472 MORGANTOWN Morgantownwv.gov ARTS & CULTURAL 430 Spruce St. DEVELOPMENT Morgantown, WV 26505 Memorandum To: 0D\RUDQG&LW\&RXQFLO Through: $.LP+DZV± &LW\0DQDJHU CC: (PLO\0X]]DUHOOL± $VVLVWDQW&LW\0DQDJHU From: 9LQFHQW(.LWFK Date:  Subject: $OFRKRO9HQGRUIRU5XE\6XPPHU&RQFHUW6HULHV ,DPZULWLQJWRJLYH\RXDQXSGDWHRQWKHUHVXOWVRIRXU5HTXHVWIRU3URSRVDOV 5)3 LQLWLDWHGRQ )HEUXDU\ IRUDQDOFRKROYHQGRUIRUWKH5XE\6XPPHU&RQFHUW6HULHV 7KH5)3ZDVSRVWHGRQWKH&LW\RI0RUJDQWRZQZHEVLWHDQG ZDVVHQWGLUHFWO\WRDOOGRZQWRZQIRRG DQGEHYHUDJHYHQGRUVYLDWKH0RUJDQWRZQ$UHD3DUWQHUVKLS¶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¶VVFRULQJ VWDII UHFRPPHQGV &KXFN%DVV(QWHUSULVHVGED $OPRVW +HDYHQ *ULOO EH VHOHFWHG DV WKH DOFRKRO YHQGRU IRU WKH 5XE\ 6XPPHU &RQFHUW 6HULHV $GGLWLRQDOO\ VWDIIEHGLUHFWHGWRQHJRWLDWHDFRQWUDFWIRUVHUYLFHVDQGDVNWKH&LW\0DQDJHUWRSURYLGH DQDSSURYDOOHWWHUWRWKH:HVW9LUJLQLD$OFRKRO%HYHUDJH&RQWURO$GPLQLVWUDWLRQIRUWKHQHFHVVDU\ SHUPLWV 2 18  Item 7B. Updated 3/25/2024 Boards & Commissions Vacant Position List o Civilian Police Review & Advisory Board: 2 Vacant – (City Resident or Work within City) 1 – 1yr – 3yr term: 7/5/2023 – 7/4/2026 1 – 2yr – 3yr term: 7/5/2022 – 7/4/2024 o Fire Civil Service Commission: 1 Vacant – City Resident (City Manager Appointee) 1 – 4yr term: 7/1/2023 – 6/30/2027 o Fire Code Board of Appeals: 1 Vacant – City Resident (Legal, Building Contractor, Engineering/Architectural Design) 1– 3yr terms: 5/2/2022 – 4/30/2025 o Health & Wellness Commission: 1 Vacant – City Resident 1 – 3yr – 3yr term: 1/1/2021 – 12/31/2023 o Historic Landmarks Commission: 2 Vacant – City Resident 1 – 4yr – 4yr term: 11/5/2022 – 11/4/2026 1 – 1yr – 4yr term: 11/5/2023 – 11/4/2027 o Human Rights Commission: 2 Vacant – City Resident 2 – 2yr – 2yr term: 7/1/2022 – 6/30/2024 o “ICC” Building Code Board of Appeals: 1 Vacant (Architect/Engineer or Bldg. Contractor) 1 – 1yr – 5yr term: 5/1/2021 – 4/30/2026 1 – 4yr – 5yr term: 5/1/2024 – 4/30/2029 (Jim Pompili will not be reapplying) o Personnel Board: 1 Vacant – City Resident 1 – 3yr – 1yr – 3yr term: 7/1/2021 – 6/30/2024 o Planning Commission: 1 Vacant – City Resident Ward Specific 1 – 2yr – 3yr term: 1st Ward 1/1/2021 – 12/31/2023 o Sister Cities Commission: 2 Vacant 1 – 2yr – 3yr term: 6/1/2021 – 5/31/2024 1 – 1yr – 3yr term: 6/1/2023 – 5/31/2026 o Traffic Commission: 4 Vacant – City Resident Ward Specific 1 – 3yr term: 4/4/2021 – 4/3/2024 – 4th Ward (Ben Zarazinski moved out of state) 3 – 3yr terms: 4/4/2024 – 4/3/2027 – 1st Ward, 2nd Ward, and 7th Ward (Francis Brownfield, Tony Tarantini, and Martin Dombrowski not reapplying) o Tree Board: 1 Vacant 1 – 3yr – 3yr term: 11/15/2023 – 11/14/2026 o Urban Landscape Commission: 2 Vacant (Landscape Design – Horticulture - Plant Health) 1 – 3yr – 3yr term: 7/1/2023 – 6/30/2026 1 – 1yr – 3yr term: 7/1/2021 – 6/30/2024 o Ward & Boundary Commission: 2 Vacant – City Resident Ward Specific 2 – 2yr terms: 7/1/2023 – 6/30/2025 - Wards 4 & 7 o Woodburn Commission: 2 Vacant – City Resident 1 – 2yr – 3yr terms: 1/1/2022 – 12/31/2024 1 – 1yr – 3yr terms: 1/1/2024 – 12/31/2026 19 1|Page  Item 7B. Updated 3/25/2024 Upcoming Scheduled Special Meetings Special Meeting Tuesday, March 26, 2024, at 6:00 p.m. (C) Confirmed (T) Tentative C – 6:00 p.m. – Scott Frederick – Historic Landmarks Commission C – 6:15 p.m. – James Giuliani (1st Wd) – Planning Commission & Historic Landmarks Commission C – 6:30 p.m. – Matthew Cummons – Tree Board Special Meeting Tuesday, April 2, 2024, at 6:00 p.m. (C) Confirmed (T) Tentative C – 6:15 p.m. – Chip Wamsley (At Large Bicycle) – Traffic Commission C – 6:30 p.m. – Matthew Cross (At Large Pedestrian Board) – Traffic Commission Council may appoint the following at the April 2, 2024, Regular Meeting: o Historic Landmarks Commission: Scott Frederick (3/26/24), James Giuliani (3/26/24) o Human Rights Commission: Megan Gregory (9/19/23), Harshita Prakash (8/15/23), Christopher Buskirk (8/29/23), Lesley Nash (2/6/24) o Traffic Commission: Chip Wamsley (4/2/24), Matthew Cross (4/2/24) o Tree Board: Matthew Cummons (3/19/24) o Ward Boundary Commission: Reappoint Jeremy Scribner 4th Ward (9/19/23) Special Meeting Tuesday, April 16, 2024, at 6:00 p.m. (C) Confirmed (T) Tentative C – 6:15 p.m. – Peter Wentzel (1st Ward) – Planning Commission C – 6:30 p.m. – Ray Liang – Sister Cities Commission Council may appoint the following at the April 16, 2024, Regular Meeting: o Planning Commission: Rachel Byrne 1st Ward (3/5/24), James Giuliani 1st Ward (3/26/24), Peter Wentzel 1st Ward (4/16/24) o Sister Cities Commission: Ray Liang (4/16/24) 20 2|Page  Item 10A. AN ORDINANCE AMENDING THE FY 2023-2024 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 2023-2024 Annual Budget of the General 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: ___________________________ Adopted: Mayor Filed: ___________________________ Recorded: City Clerk 21 LGSD BR (Ver. 2020) REQUEST FOR REVISION TO APPROVED BUDGET Item 10A. 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: 2023-2024 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: 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 303 Gas and Oil Severance Tax 150,000 150,000 300,000 305 Business and Occupation Tax 13,950,000 50,000 14,000,000 #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Revenues (ALL PAGES) 200,000 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 17,729 5,000 22,729 410 City Council 69,086 10,000 79,086 412 City Manager's Office 940,821 50,000 990,821 420 Engineering 240,923 3,700 244,623 422 Personnel Office 770,106 15,000 785,106 436 Building Inspection 1,221,454 100,000 1,321,454 699 Contingencies* 1,534,731 8,058 1,542,789 802 Recycling Center 8,242 8,242 #N/A #N/A NET INCREASE/(DECREASE) Expenditures 200,000 APPROVED BY THE STATE AUDITOR BY: AUTHORIZED SIGNATURE APPROVAL Deputy State Auditor, Local Government Services Division Date OF ENTITY DATE 22  Item 10B. Ordinance No. 2024-____ AN ORDINANCE UPDATING THE CODIFIED ORDINANCES OF THE CITY OF MORGANTOWN, WEST VIRGINIA WHEREAS, the City of Morgantown publishes, through its retained agents, the codified ordinances of the City in a format designed to ensure ease of access and use to the members of the public; and WHEREAS, the City of Morgantown has prepared and/or received certain updates to its published codified ordinances; and WHEREAS, the City Council desires to publish such updated codified ordinances as the codified ordinances of the City of Morgantown; NOW, THEREFORE, The City of Morgantown hereby ordains as follows: Section 1. Codification. The enclosed codified ordinances are adopted as the codified ordinances of The City of Morgantown, West Virginia, in sequential order as of the dates indicated thereon and effective as and upon the terms specified therein, and the City Clerk is authorized and directed to take any such additional action and to execute any other or additional documents necessary or helpful in having such codified ordinances published as the codified ordinances of The City of Morgantown. Section 2. Effective Date. This ordinance shall be effective upon adoption. Section 3. Modification; effect. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. Section 4. Preservation of rights and duties. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. Section 5. Repeal; effect. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk {01912514.DOCX } 23  Item 10B. FILED: _______________________________ {01912514.DOCX } 24  Item 10B. CODE OF ORDINANCES City of MORGANTOWN, WEST VIRGINIA Supplements 1-5 Supplement #1: https://www.morgantownwv.gov/DocumentCenter/View/5709/Codification-Supplement-1 Supplement #2: https://www.morgantownwv.gov/DocumentCenter/View/5721/Codification-Supplement-2 Supplement #2 Revision: https://www.morgantownwv.gov/DocumentCenter/View/5720/Codification- Supplement-2-Revision Supplement #3 https://www.morgantownwv.gov/DocumentCenter/View/5722/Codification-Supplement-3 Supplement #4: https://www.morgantownwv.gov/DocumentCenter/View/5723/Codification-Supplement-4 Supplement #5: https://www.morgantownwv.gov/DocumentCenter/View/5724/Codification-Supplement-5 25  Item 11A. Ordinance No. 2024-___ AN ORDINANCE AUTHORIZING AND REGULATING PRIVATE OUTDOOR DESIGNATED AREAS IN THE CITY OF MORGANTOWN WHEREAS, the West Virginia legislature has enacted 2023 Senate Bill 534 which included provisions authorizing municipalities to establish Private Outdoor Designated Areas, as defined by W. Va. Code §§ 8-12-26 and 60-7-8g, where customers of West Virginia Alcohol and Beverage Control Administration Class A license holders can carry their drinks with them outside of the bar, restaurant, or other establishment where it was purchased and socialize and visit other businesses within the area; and WHEREAS, similar programs, such as the Designated Outdoor Refreshment Area program in Ohio, have been implemented successfully to encourage community activities and promote local businesses; and WHEREAS, the City of Morgantown established a designated area for these purposes by adoption of its ordinance on February 6, 2024; and WHEREAS, the West Virginia legislature has since enacted 2024 House Bill 5295, which makes certain amendments to Private Outdoor Designated Areas, including removal of the requirement that participating bars and restaurants enter a joint and several liability agreement and expansion of the licensees who may participate to any holder of a Class A, Class B, or Class S2 license issued by the West Virginia Alcohol Beverage Control Administration; and WHEREAS, the City of Morgantown desires to update its ordinance providing for Private Outdoor Designated Areas to incorporate certain new provisions of state law; NOW, THEREFORE, The City of Morgantown hereby ordains that Article 953 of the City Code entitled “Private Outdoor Designated Areas,” is amended as follows (new matter underlined; deleted matter stricken): Sec. 953.01. Purpose and Intent. Pursuant to the provisions of West Virginia Code sections 8-12-26 and 60-7-8g, one or more private outdoor designated areas may be created within the City. Sec. 953.02. Definitions. Commissioner means the West Virginia Alcohol Beverage Control Commissioner. PODA Permit means the permit issued by the City to qualified applicants Class A Licensees allowing them to participate in the Private Outdoor Designated Area and to apply for an S4 license from the Commissioner. 01917299.DOCX 26  Item 11A. Private Outdoor Designated Area means public property that has become a legally demarcated area established by a municipal ordinance as set forth in W. Va. Code § 8-12-26 for the consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer. Qualified Permit Holder means the holder of a Class A or Class S2 license that elects to operate within a private outdoor designated area and that has been issued a Class S4 license pursuant to W. Va. Code §§ 60-7-1 et seq.. Class A license issued under W. Va. Code §§ 60-7-1 et seq. Sec. 953.03. Private Outdoor Designated Areas. (a) The following area(s) is/are established as Private Outdoor Designated Areas (PODAs) in accordance with applicable state law and the provisions of this Article: (1) Downtown/Wharf District Private Outdoor Designated Area (“PODA”). (A) Boundary. The PODA consists of the area depicted and described in Table 953.03.1. and generally bounded on the North by the Northern boundary of the Willey Street public right of way; on the East by the Eastern boundary of the Spruce Street public right of way; on the South by the Southern boundary of the Foundry Street public right of way; and on the West by the Western boundary of the Chestnut Street public right of way between Willey Street and Walnut Street and by the Monongahela River between Walnut Street and Deckers Creek, extending South from that point between the Monongahela River on the West and Don Knotts Boulevard on the East to the Southern boundary of Tax Parcel ID 09 37A000300000000 on the South, inclusive of all buildings or structures directly adjoining the public right of way boundaries and the City of Morgantown rail trail property, except any building or structure on the Western side of Chestnut Street between Willey Street and Walnut Street, any building or structure on the Eastern side of Don Knotts Boulevard between Deckers Creek and the Southern terminus of the PODA, and excluding Parcel ID 11 26024900000000. In the event of apparent conflict between the description in this subsection and the property show in Table 953.03.1, the table provides the legal demarcation of the PODA. (B) Map. A map of the PODA, including the street addresses of all included structures, is Table 953.03.1 of this Article. (C) Zoning. The zoning classification for all properties within the PODA is B-4 Downtown Business District, and consumption of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer is consistent with the zoning ordinances applicable to this area. (D) Personnel. The PODA is regularly patrolled by one police officer, one deputy fire marshal, and one City Ambassador. In addition, Public Works employees regularly collect waste or debris left in public areas in the PODA and operate a street sweeper in the area. (E) Sanitation. Republic Services is the solid waste hauler for the Downtown PODA, with collection services daily in the downtown area, weekly in the Wharf District, and with dumpster service available to all commercial customers, along with several dumpsters available at City properties. Regular 01917299.DOCX 27  Item 11A. waste collection includes 73 public trash receptacles within the PODA. Participating businesses within the PODA will make available adequate restroom facilities, permanent or portable, to serve their members and guests during all hours the area is open, consistent with W. Va. Code § 60-7-8g(c)(7). All businesses operating within the PODA must comply with all requirements of the Monongalia County Health Department. (F) Operating Times. The PODA will operate Monday through Friday from 4 p.m. to 10 p.m. and Saturday and Sunday from 10 a.m. to 10 p.m. The City Manager is authorized to limit or expand the operating hours when appropriate to address events, public safety, or other business or community needs, but all expansions or limitations must be made in writing and delivered to the City Clerk to be kept with the official records of the City, and the City will make reasonable efforts to advise the public of any such changes by taking measures such as posting information on its website and/or posting signs in public areas noting the change. Sec. 953.04. Permit Required for Participating Licensees Class A Licensees. (a) Any restaurant, bar, or other business, person, or entity with a valid Class A or Class S2 license issued by the Commissioner under W. Va. Code §§ 60-7-1 et seq. may apply for a PODA Permit to participate in the Private Outdoor Designated Area by submitting an application on forms supplied by the City. (b) Applicants for a PODA Permit must meet the following minimum requirements: (1) Located in a Private Outdoor Designated Area; (2) Submit a floor plan showing the Class A license area for the operator; (3) Possess a valid City business license; (4) Possess a valid Class A or Class S2 license from the Commissioner WVABCA; (5) Agree to participate in a joint and several liability agreement consistent with W. Va. Code § 60-7-8g(c)(8). The City may, but shall not be required to, provide a required form of agreement; (6) Agree to use cups and/or other indicators such as wristbands to identify permitted PODA patrons, which may include purchasing authorized merchandise from the City or its affiliate; (7) Identify all areas from which you propose to serve drinks that may be consumed in the PODA, and the entrances and exits to your Class A license area; (8) Identify the location of all tables, chairs, or other items you propose to place in any public right of way or on any City property in connection with PODA operations and, upon request, provide dimensions of the area and location of nearby facilities such as curbs and fire hydrants, as well as a plan to place and remove the items during and after PODA operating hours. (c) Applications will be reviewed by a committee composed as follows: one representative of Main Street Morgantown, designated by Main Street Morgantown, Inc.; one 01917299.DOCX 28  Item 11A. member of City Council, designated by City Council; two representatives of businesses that serve alcohol and are located within the PODA, appointed by City Council; and two representatives of businesses that do not serve alcohol and are located within the PODA, appointed by City Council; and one employee of the City, designated by the City Manager. Each member of the committee shall serve a two-year term beginning January 1 and ending December 31 of the following year; provided that the initial term of each member shall begin on the date of appointment and end on December 31, 2024. Members shall continue in office after expiration of their term until a new member is appointed except in the event of their resignation, death, or removal. Members may be removed by City Council for failure to vote on two or more consecutive applications for PODA permit. The committee shall determine whether to grant or deny applications in its reasonable discretion by majority vote of the members then serving. In determining whether to grant or deny an application, the committee may review the application materials and other materials relevant to participation in the PODA including records of the West Virginia Alcohol Beverage Control Administration and/or criminal citations, if available to the committee. Sec. 953.05. Signs. At minimum, every point where a pedestrian may exit the PODA by way of a public sidewalk shall have one sign placed designating the end of the PODA. The sign must be mounted in such a way and be made of a material that will ensure it is clearly visible to patrons of the PODA. Sec. 953.06. Rules. (a) The rules in this section, and all other provisions of this Article, establish requirements for the purpose of ensuring compliance with all state and municipal laws, and public health and safety within a private outdoor designated area. All persons entering and/or participating in a private outdoor designated area shall comply with applicable laws. (b) Liquor, wine, nonintoxicating beer, and nonintoxicating craft beer that is taken outside of a Class A licensed premises into the private outdoor designated area shall be served in non-glass containers, not greater than 18 fluid ounces, approved by the City and the Commissioner in accordance with W. Va. Code § 60-7-8g. (c) Notwithstanding any other provision of this Code to the contrary, a person may possess an opened container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer within a private outdoor designated area during the operating hours of the area when (1) the open container was purchased from a Qualified Permit Holder duly licensed to operate in the private outdoor designated area; and (2) the beverage is in a container authorized by this ordinance, except that this provision does not authorize possession or consumption of any liquor, wine, nonintoxicating beer, or nonintoxicating craft beer while operating or traveling in a motor vehicle. (d) No liquor, wine, nonintoxicating beer, or nonintoxicating craft beer may be taken outside of the private outdoor designated area. 01917299.DOCX 29  Item 11A. (e) All cups, containers, and other trash or litter must be disposed of in trash, recycling, or compost receptacles available within the private outdoor designated area. (f) Businesses in the private outdoor designated area may choose to allow or prohibit alcohol consumption in their business. Liquor, wine, nonintoxicating beer, or nonintoxicating craft beer may only be brought into structures or businesses that have indicated by a posted sign that they are participating in the private outdoor designated area, whether or not they hold a Class A license from the Commissioner. (g) Establishment of a Private Outdoor Designated Area does not authorize any establishment to create or maintain an Outdoor Dining area on the public right-of-way except with a permit issued pursuant to Article 906 of this Code. (h) The City Manager is authorized to adopt any and all regulations necessary and convenient in implementing this Article, and to issue authoritative interpretations of any questions or inquiries regarding application of this Article to a particular situation. Any such regulations or interpretations shall become effective upon being filed in writing with the City Clerk, who shall maintain such records along with the other public records of the City. (i) The City Manager may, at any time, suspend the operation of a private outdoor designated area, or portion thereof, when determined necessary in the interest of public safety or convenience. This ordinance shall become effective on May 15, 2024. FIRST READING: __________________ ______________________________ Mayor SECOND READING: ________________ ______________________________ ADOPTED: ________________________ City Clerk FILED: ____________________________ 01917299.DOCX 30  Item 11B. Resolution No. 2024-____ RESOLUTION AUTHORIZING REQUESTS FOR CONGRESSIONALLY DIRECTED SPENDING The City of Morgantown hereby resolves that the City Manager is authorized to make application for funds available through Congressionally Directed Spending by submitting requests to West Virginia Senators Manchin and Capito in accordance with such procedures, forms, rules, and regulations as may be required by the offices of the Senators, or either of them, or by the United States Senate and its committees; and The City of Morgantown further resolves that it anticipates that the City Manager will request allocation of Congressionally Directed Spending funds in the approximate amount of $4,000,000 for fire station expansion to include training rooms, training mezzanine, expansions of the apron, and parking lot for training purpose, and appurtenances thereto, as well as for such other incidental projects associated with this work and as may be proposed by the offices of Senators Manchin and Capito, or either of them; and The City of Morgantown further resolves that it anticipates that the City Manager will request allocation of Congressionally Directed Spending funds in the approximate amount of $2,000,000 for the purpose of establishing, funding, and administering a Downtown Historic District Revitalization Subgrant Program for downtown building owners, businesses, non-profits, and other entities, establishments, and occupants for restoration and/or renovation for historic buildings and streetscape design and improvements, as well as for such other incidental projects associated with this work and as may be proposed by the offices of Senators Manchin and Capito, or either of them; and The City of Morgantown further resolves that the City Manager is authorized to execute any applications, requests, reports, responses, studies, or other materials necessary and helpful to assist in requesting and acceptance of Congressionally Directed Spending as authorized in this Resolution. Adopted this ____ day of April, 2024: ______________________________ Mayor ______________________________ City Clerk 01917568.DOCX 31