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 16, 2024 at 7:00 PM 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE: 4. APPROVAL OF MINUTES: A. April 2, 2024, Special Meeting Minutes B. April 2, 2024, Regular Meeting Minutes 5. CORRESPONDENCE: A. Morgantown Theatre Company - Actors from Honk B. Best of Morgantown Award Presentation 6. PUBLIC HEARINGS: A. An Ordinance Updating the Codified Ordinances of the City of Morgantown, West Virginia B. An Ordinance Authorizing and Regulating Private Outdoor Designated Areas in the City of Morgantown 7. UNFINISHED BUSINESS: A. 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: 1  A. Consideration of APPROVAL of (Second Reading) of An Ordinance Updating the Codified Ordinances of the City of Morgantown, West Virginia (First reading 4/2/2024) B. Consideration of APPROVAL of (Second Reading) of An Ordinance Authorizing and Regulating Private Outdoor Designated Areas in the City of Morgantown (First reading 4/2/2024) 11. NEW BUSINESS: A. Consideration of APPROVAL of the Rates of Levy Laid by the City of Morgantown and approved by the State Auditor for the Fiscal Year beginning July 1, 2024, in accordance with Chapter 11 Article 8 of the West Virginia Code 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 Code Section 6-9A-4(B)(9) to discuss matters related to the acquisition, development, or improvement of real estate in the area of Marilla Park B. Pursuant to West Virginia Code Section 6-9A-4(B)(12) to discuss matters protected by attorney-client privilege. 17. ADJOURNMENT: For accommodations please call or text 304-288-7072 2  City of Morgantown Item 4A. SPECIAL MEETING I MINUTES April 2, 2024 Special Meeting April 2, 2024: The Special Meeting of the Common Council of the City of Morgantown was held in Monongalia County Commission Chambers on Tuesday, April 2, 2024, at 6:16 p.m. Present: Mayor Jenny Selin, Deputy Mayor Joe Abu-Ghannam, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, Dave Harshbarger, and Brian Butcher. 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: 6:17 p.m. Chip Wamsley – Traffic Commission Matthew Cross – Traffic Commission Adjournment: There being no further business, motion by Councilor Trumble, second by Deputy Mayor Abu- Ghannam, to adjourn the meeting. Time: 6:58 p.m. ___________________________ ___________________________ City Clerk Mayor 3  Item 7A. Updated 4/9/2024 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 (Legal) o Health & Wellness Commission: 1 Vacant – City Resident 1 – 3yr – 3yr term: 1/1/2024 – 12/31/2026 o Historic Landmarks Commission: 1 Vacant – City Resident 1 – 4yr – 4yr term: 11/5/2022 – 11/4/2026 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: 2 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: 2 Vacant – City Resident Ward Specific 1 – 2yr – 3yr term: 1st Ward 1/1/2024 – 12/31/2026 1 – 1yr – 3yr term: 3rd Ward 1/1/2023 – 12/31/2025 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 4 1|Page  Item 10A. 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 } 5  Item 10A. FILED: _______________________________ {01912514.DOCX } 6  Item 10A. 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 7  Item 10B. 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 8  Item 10B. 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 9  Item 10B. 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 10  Item 10B. 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 11  Item 10B. (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 12  Item 11A. MUNICIPALITY OF MORGANTOWN, WEST VIRGINIA LEVY ORDER AND RATE SHEET 2024 - 2025 The following is a true copy from the record of orders entered by this entity on the 16 day of April, 2024. SIGNATURE: Municipal Clerk or Recorder Column E Certificate of Valuation Levy Taxes Current Year Assessed Value for Tax Purposes Rate/$100 Levied Class I Personal Property $ 0 12.500 $ 0 Public Utility 0 0 Total Class I $ 0 $ 0 Class II Real Estate $ 508,468,320 25.000 $ 1,271,171 Personal Property 1,268,920 3,172 Total Class II $ 509,737,240 $ 1,274,343 Class IV Real Estate $ 554,044,740 50.000 $ 2,770,224 Personal Property 182,417,774 912,089 Public Utility 70,196,440 350,982 Total Class IV $ 806,658,954 $ 4,033,295 Total Value & Projected Revenue $ 1,316,396,194 $ 5,307,638 Less Delinquencies, Exonerations & Uncollectable Taxes 6.00% 318,458 Less Tax Discounts 1.00% 49,892 Less Allowance for Tax Increment Financing - see worksheet (Subtracted from regular current expense taxes levied only) 418,093 Total Projected Property Tax Collection 4,521,195 Less Assessor Valuation Fund 2.00% 90,424 (Subtracted from regular current expense taxes levied only) Net Amount to be Raised by Levy of Property Taxes For Budget Purposes $ 4,430,771 13