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CITY OF WEIRTON
REGULAR COUNCIL MEETING
DECEMBER 12, 2005
MINUTES
Meeting called to order
Councilman in attendance: Councilman DeMasis Councilman H. Miller Councilman Moore Councilman J. Miller Councilman Dalrymple Councilman Veltri Councilman Kondik
Minutes were presented to Council for approval:
Regular Meeting on November 7, 2005 – It was moved by Councilman Veltri to approve these minutes and second by Councilman J. Miller.
The motion was unanimously accepted.
Special Meeting of Council on November 14, 2005 – It was moved by Councilman J. Miller to approve these minutes and second by Councilman Veltri.
The motion was unanimously accepted.
Special Meeting of Council on December 5, 2005 – It was moved by Councilman Dalrymple to approve these minutes and second by Councilman Veltri.
The motion was unanimously accepted.
Councilman Kondik abstained from voting because of his absence.
Mayor’s Awards and Proclamations
Mayor Miller announced his award to Jeremy Board who has made Eagle Scout and for his outstanding qualities of leadership and dedication. He is with Troop 334 and was a Cub Scout for 6 years and has been a Boy Scout for 10 years. Mayor Miller deems it an honor and a privilege to present Jeremy with this award. Participation is one of the requirements to become an Eagle Scout and his involvement throughout the years has proved that portion. His project was building a picnic shelter for his church, which is Christ United Methodist Church.
Communications
Mayor Miller congratulated Weir High coach, Eric Meeks, his coaches, teachers and students for bringing home West Virginia State Champion AA.
Weir High Middle School deserves congratulations for Distinguished School, under the West Virginia School Recognition Program, which was recently announced in the newspaper.
Mayor Miller offered his thanks, and on behalf of the Councilmember’s, to the Weirton Police Department, Chief Scott and its Officers, Williams, Aepasos, and Detective DiBacco for the apprehension and arrest of two criminals who had confessed to over twenty-one (21) robberies.
Mayor Miller also recognized and thanked Sheriff Mike White and his deputies, Sheriff Richard Ferguson and his deputies, and the State Police for the team work that played out in this apprehension of these criminals. They all did a great job!
Mayor Miller commented on the number of water-line breaks that have occurred within the City on the 2”, 4”, 6”, and 8” lines. There have been 23 breaks and the number is growing by the day. The weather changes in temperature results in a lot of breaks He asks that the citizens be patient as they are getting to them one at time. There may be a mess left, but they will get back to clean it up.
Mayor Miller called upon Butch Mastrantoni, Director of Utilities, if he wanted to comment on the subject.
Mr. Mastrantoni commented that, as the last weekend, they had at least 19 areas that were left not restored. Over that weekend the number rose to 21 that had to be repaired. They have 23 breaks, but two have not been located at this point in time. There is a detection unit coming in to help locate those leaks.
Mr. Mastrantoni asks, if there is a location that has not been restored, please be patient with them. As soon as the weather breaks and they are able to get water into the lines, they will get right on restoring these breaks. But again, as weather permits!
Mayor Miller announced that there has been a tentative agreement between the City and the owners of the Kusic property. It was signed and involves the removal of the Tri-State Building and Kusic Building. It now awaits Council approval of the Memorandum of Understanding between the parties involved so that the City Manager can sign off on the said agreement, if approved by Council. There were no comments from Councilmember’s or announcements.
CITIZEN COMMENTS
Ron Musser, 48 14th Street, Wheeling – He had an opportunity the week before to address the Planning Commission regarding the concerns raised by various business owners and property along Pennsylvania Avenue, which had been previously, zoned C1 – commercial that has been rezoned to R3 – Multifamily Residential, under the adoption of the UDO. He had indicated to the Planning Commission that he was not a stranger to Weirton as his family moved here in the 50’s, and he graduated from Weir High (and he was glad to see the football team do well again!). He remembers when downtown was vibrant; when Weirton Heights Plaza was booming, and also remembers when there was nothing out where K-Mart is, on Three Springs Drive, except a grass air field and a bunch of hangers. They used to play baseball out at the slag dumps, which is now Weirton Medical Center. There have been a lot of changes over the last 50-years.
Likewise, Mr. Musser is fairly familiar with the concepts of land-use. He had the privilege of serving as the City Attorney for the City of Wheeling in the 80’s and through the 90’s, and he has done a lot of practice in land-use and regulatory controls in a number of states for the clients. So he does have awareness and an appreciation for the difficult task in updating the Comprehensive Plan and enacting the ordinances and regulations. In fact, Wheeling went through that in 2001, and had similar growing pains and adjustments that had to come out, when a broad update on what has gone before.
Mr. Musser stated that as the Council was aware, he requested, on behalf of the business owners and property owners, which they have two things done to the current UDO and zoning map. One is that to request that the text of the zoning map or to the zoning ordinance, be changed to permit all new sales and rentals in all the commercial zones, rather than the M1 zone, which pretty much made all car dealerships, in Weirton, non-conforming uses. He understands that there is going to be some issue addressed that will give some relief in that respect, but still their suggestion is that, if Council is going to do it for motorcycle sales in C1 and C2 then certainly it makes sense to do it for auto sales in C1 and C2 as a minimum.
Mr. Musser continued that with regard to the Zoning Map, they did want to have all the area that was rezoned to R3 zoned back to C1. The Comprehensive Plan, the time and money was spent on it, and the consultants; is a set of goals, objectives, and guide lines. It is not iron clad restrictions and regulatory schemes that you get from the UDO or any kind of a zoning ordinance.
Mr. Musser knows that this UDO, when it was described to the Planning Commission, Councilmember’s and everybody, was kind of tabbed as being the first of its kind, in the State of West Virginia, and it is a little different from what you are going to find in a standard zoning ordinance, in most of the communities in this state. One of the key differences here, he thinks, is that zoning districts are defined geographically as opposed by use! So if you want to figure out what you are doing and where, you would have to go down to the permitted land use table and find your use and activity then you would have to find your corresponding column. Most cities have their ordinances classified permitted uses, within a zoning district, regardless of where they are located in the community. This is a little different, so when there has been discussion about perhaps rezoning certain parts along Pennsylvania Avenue and that section, other than to C1 but back to a C2 or certain things. When you look at your definition of your zoning district, C1 says: Pennsylvania Avenue; C2 is: Three Springs; so if you start blending C1 and C2 into an area, it gets a little fuzzy about where the business is really located. Realistically, you might think about in terms of permanent use of the thing, putting them into areas that you are going to define by geographic location by making sure that they match so that you don’t have sort of a patchwork going down a particular corridor and not knowing which business should be in which corridor.
In their discussions, Mr. Musser said that one of the things they had come up with was a suggestion on how to address these concerns. It deals with the options that arise from the clamp and why certain areas of Pennsylvania Avenue were rezoned, after being commercial for forty-years, and others were not. It doesn’t seem to be anything specific in the comprehensive plan. When you look at the comments from the consultant, who did the UDO, those comments incorporate the future land use map zoning ...(coughing covered up these words) who did the UDO. He doesn’t see that correlation between those, particularly with regard to the area from roughly Penco Road, along Pennsylvania Avenue, up to Sarah Manor. The future land use map that had been provided indicated that was intended to be C1, according to Saratoga Associates. He thinks that there are things within the comprehensive plan that have not come through into the UDO. Again, comprehensive plan does not dictate the different zoning areas that ought to be in the UDO.
The no development concept has been discussed a lot and Mr. Musser thinks that Council really needs to understand what the consultants wrote in words in the comprehensive plan, and that was that the “no area” was designed to be prospective approach –— things to happen in the future! They identify 3 particular areas for primary consideration: From 11th – 18th Streets, where Pennsylvania Avenue and Penco Road meet, and Colliers Way and Pennsylvania Avenue. The idea was to try and get businesses, residences, and community functions to consolidate into those areas so that existing businesses along the Pennsylvania Avenue corridor might gravitate or relocate to those nodes. And as those businesses vacated those commercial properties, then it would redevelop into high-density residential areas or apartment buildings, but without these nodes being torn and letting businesses gravitate to those, putting an R3 zone in there to kind of force them out, is actually backwards, and that is not what was in the comprehensive plan. Mr. Musser doesn’t think that the future remedies map or the language of the comprehensive plan really dictated that those areas be rezoned to R3.
Mr. Musser thinks the State of West Virginia has put a lot of money in fixing the roadway, because they know that is a commercial corridor and there doesn’t really seem to be any opposition from the residential owners up there, where people have vacant lots , get there property put back to C1. It is probably recognized. The long trend is those residential properties have been converted to commercial. There has not been, to his knowledge, any new residential structures built on Pennsylvania Avenue and that intersection, and he thinks that the trend is being reversed by getting ahead of ourselves in the node development concept, instead of letting the businesses kind of form those nodes and move on.
Mr. Musser understands that there has been discussion about trying to do maybe on an interim basis a modification to the nonconforming provision of the ordinance by permitting some of these businesses to enjoy some of the benefits that they would have in a C1, C2, or C3, but that really doesn’t address the whole issue of their ability to expand to the adjoining lot. As an example is New City Auto, which is next to Eli Dragisich’s house, which is on the corner, and I doubt that anyone would want to buy Eli Dragisich’s house, as a house! Its best value if he would sell it is probably to an adjoining business. By letting nonconforming uses have certain privileges it still isn’t going to address the ability of those businesses up there to expand, because they would not be able to go to the next property without going back to the Planning Commission, getting it rezoned, and if they got it rezoned to C1, the main business is still going to be classified as R3.
Mr. Musser thinks that Council recognized, in its August meeting, when they asked the Planning Commission to address those issues; to do it kind of in a wholesale fashion, not piece meal, because you don’t really want to have 40 or 50 businesses filing zoning applications. The idea was to get it all done at one time. He thinks that this is like an analogy like: You have a road to be fixed. You can go out and find a particular thing, like potholes! Your goal would be to get the road paved; otherwise, you still have a bumpy ride. He thinks Council and the Planning Commission have spent a lot of time, while the effort coming up with what they think would be ways to address some of the specific concerns, but it doesn’t get the whole picture and it doesn’t really go far enough at this stage. He doesn’t know whether the Council would want to consider legislation that may in fact create additional issues and questions down the road. He thinks the best thing is to make this a win win deal. Support the businesses! Let them have what they had before! There is no requirement to go do a wholesale amendment to the comprehensive plan , because it didn’t dictate these R3 changes in the first place. If you do think you need to amend the comprehensive plan to put them back, then you kind of wonder, “Why don’t you have to amend the comprehensive plan, but let them have the same privileges as nonconforming uses?” He thinks be consistent they just need to restore and let the businesses flourish as they did before and let the property owners have their property values back on Pennsylvania Avenue.
Mr. Musser offered to answer any questions if anyone had any, but none were asked. Mayor Miller thanked him for his comments.
John Newbrough, 3226 Main Street – The last time that he was before this body, it was before the Planning Commission and he thought that they were going to recommend some good changes. He was disappointed that instead of spending a dollar they only spent a penny. He understands what they are thinking about doing that evening would help correct some of the problems and he applauds them for that, but the Council already knows more than he does that the City is in trouble. It isn’t going to get a whole lot better for a while. The last thing that is needed is to find any way to create problems for even one single business. What has happened has created problems for many businesses. He tried to read everything that was sent to him about what was going on that evening, and God only knows if they understand it. More power to you! It is very very confusing and he doesn’t care how many public meetings they have he doesn’t think it would be understood what it says. Maybe an attorney would, but not the average person. In fact some of the attorney’s that they spoke with didn’t understand what it said, so he really hope that the Council will strongly think about what they are doing. A lot of the things are great, the things they are trying to do, but does it solve all the problems? Is it better to do a piece meal thing right now or try to do the whole thing right, the way they intended to do. The way they talked about for the last several months about going back and just changing it back to the way you said it. It is impossible to think of anyone wanting to sell their house on Pennsylvania Avenue or anybody buying a house, as a residence. He is sure there will be a few, but who in the world would want to live on Pennsylvania Avenue? That didn’t increase the possibility that they could have a business there.
He has no idea, though Mr. Newbrough is not speaking for Eli, but if he were or any of the other residents, he would really be upset with what is happening. Some of the changes that Council is making are still not going to correct that. Even though Council says that the residents come back later and get it corrected the residents saw what happened with the Planning Commission this last time, how can they be sure that it will be any better the next time?
Mr. Newbrough knows the Council has there hearts in the right place and want to do the right things, but he asks them to correct this problem for everyone and not just for part of the people.
Councilman Dalrymple get some thing cleared up and commented that there are people who live on Pennsylvania Avenue and have lived there quite a few years. They may take offense to the fact that Mr. Newbrough would say, “Who would want to live on Pennsylvania Avenue”. There are a lot of people who live there and have lived there and will probably continue to live there until they retire, die, or whatever it might be. He understands where Mr. Newbrough is coming from, but there are people there who are not being forgotten in this issue, but for him to say, “Who would want to live up there”, he thinks is an offense to those who take care of their properties with landscaping, painting their homes, and making those homes nice for the community.
Mr. Newbrough commented that he understands what Councilman Dalrymple is saying, and agrees with him as far as to the people who live there now. They don’t have much choice! The people who are living there now would have a hard time selling their house as a residence…
Councilman Dalrymple interjected that his point is that they may not want to sell their house and that is why they have been living there for 30 years. Mr. Newbrough countered, that someday they are going to die or have to sell. Their families are the ones who will be faced with the problem and he understands that.
John Bernabei, 4007 Palisades Drive – He is there two fold, as he is on the Chamber Board, but Mr. Newbrough has already said what our position is. He is there more as a resident and as a business owner within the City. He has not been part of the process for the last 10 years. He has been part of the process for the last few months. He has been to 3 Planning Commission meetings and the last one, in particular, there was a fraction of the public that spoke that said, “Something doesn’t seem right about what you are doing”. It seems that if they have over 100 parcels that are being affected, we have a lot of people standing up and saying that they don’t like what you are doing. He has to say that a blind or deaf ear was turned to all those people. They passed a resolution or recommendation to Council, which made no sense to a lot of people who live on Pennsylvania Avenue. He is not talking about the people that it made sense to. He is saying that people stood up and said that it doesn’t make any sense, and they were ignored. What has to happen going forward is, that you, the Council, have to fix the problem. He thinks that Council has ways to do that.
Mr. Bernabei continued that 3 months ago the residents were assured, from their own mouths, and asked for correction if wrong, that everything will be fine. It was something that they had to do and properties will be zoned the way they were intended to be zoned, and they will address a resident’s property that was incorrectly zoned. That was supposed to happen through the Planning Commission and it has not. How can they be sure, unless they get up to speak? They are asking to please if an individual wants it to be a business and you want to sell it as a business, in the future, and then say that you want to accommodate that person. This group of people wants to make sure that this happens! That is the only reason that he is speaking that evening. Up until now, what was supposed to happen has not! As a business member of this community, he thinks that this deters the prosperity of future businesses in the City of Weirton, and we can not have that!
This worries Mr. Bernabie, and he is on the Council’s side, and even though it doesn’t sound like it, he is rooting for them, but he is going to be all over them, if they make the wrong decision of this.
Councilman Kondik commented on the results of the Planning Commission, as he is a member of that commission, by saying that the vote was not unanimous. It was a 5 – 4 vote, meaning that there were 4 people that were against it. Mr. Bernabei said the point was a good one that the Councilman gave, because if there is a Zoning Commission and they can not even come into agreement on how it is supposed to be done. Council is going to refuse to hear what they have to say!!! The Planning Commission is supposed to know exactly what they are doing. Mt. Bernabei believes that the Council is basically going to say that the Commission doesn’t know what they are doing, and you’re going to make about 84 changes to what they said. That is enough to say, “Let’s step back! Let’s go pre UDO, and get back to the beginning and put things back the way they were and start over again”. He knows everybody wants to say, “This has been going on for 10-years”, where were you then? He wasn’t here 10-years ago, in that meeting. He was there last week and it was nothing but chaos. There are no answers to this issue! A 5-4 vote is proof of that. They can’t even get guys who are suppose to plan on zoning to agree, and now you are going to try and fix that problem. Step back and do the right thing, because the future of Weirton depends on it.
Councilman Moore tried to clarify the misunderstanding by explaining that they, the Council, were given advice from Martin Zalton if we make anything but minor changes we have to make amendments to the comprehensive plan We had advice from our staff, if we make anything but minor changes, we have to make an amendment to the comprehensive plan. What Planning did was they had to follow the comprehensive plan which had already been given. So to amend the comprehensive plan, if you think 3 months has been long, try to amend the comp plan. It would take 8 or 9 months minimum. Councilman Moore then asked Rod Rosnick if that was right? Mr. Rosnick agreed.
Now, the opinion of the attorney is that we don’t have to amend the comp plan. We are to make wholesale changes rather than amending the comp plan. He works with staff every day, and they will be here when the attorney is gone. He is going on what staff tells him, and what they are doing now is, and those in this town ought to know from the conditions our roads have been in the past, you still have to patch those big potholes if you can’t fix the road right away. What they are trying to do that evening was to patch those big potholes to allow the present business owners and some minor changes on the edges of the contiguous properties, to allow them to go on right now, without as little hindrance as they can, while they look at amending the comp plan The Planning Commission is handcuffed by the comp plan. The comp plan will take a long time to change, and what they are trying to do is allow these business owners to continue in business today. They will have more freedom, if tonight’s proposal passes, than any commercial properties in this City. They will have all the permitted use of C1, C2, and C3. Nobody else will have that. That allows them to sell their business, expand on their property, and change their business while we progress with changing the basic comp plan. Paving rotates well. Fixing potholes can be rather quick. What we consider in government as quick is 3-months. Changing the comp plan to actually make large wholesale changes and take large sections of that corridor and change them from R3 to some commercial designation is something that is going to take a while. He thinks that the Council is honoring their commitment by doing something to allow those businesses that are there today, that were there yesterday, and were there for UDO to not have to worry about if they get an offer to sell to someone who wants to change that business type, that they don’t have to worry about coming down asking for a grant. It allows the businesses that have been there and are there today, that freedom to continue without those worries. Now, clearly do they want to acquire the next property over until they go back and change the comprehensive wholesale changes? Then they are going to have to step through that process, but rather than let them hang out there for 6 to 9-months, we are trying to honor what we said; that we would take care of the businesses who were in business when we change that. This does that, in his opinion! It allows them to continue in their use, change their use, expand their building, or sell to another prospect without having to come down to the City Building.
Mr. Bernabie commented that he does hear what Councilman Moore is saying and he doesn’t think that anyone in the business community thinks that they do not have good intentions. He thinks the Council’s intentions are good and no one doubts that, but the flavor of what you are saying and what you are trying to accomplish is exactly what the Planning Commission said 6-months ago and look what they have recommended to the Council that evening. They want to make sure that Council is not handcuffed by the comp plan. He is there to say that the Council needs to change it to preserve business prosperity.
Mayor Miller interjected that he had told Mr. Bernabei what was going on and that Council was committed to make changes.
Councilman Moore said that the extended process is changing the comp plan. Mr. Bernabei concluded that this does mean a ton to the business community as well as ton to residents to know that.
Councilman Harold Miller commented that he stuck with this whole thing through the 12th hour and thought it would be easy to just flip back to C1; the whole corridor. As Mr. Rosnick and Councilman Moore will tell you, that he did battle with it through that 12th hour until he understood the amendments that they are going to make that evening on the nonconforming uses for the existing businesses in R3. As you know, he has a business at the corner of 18th Street and Pennsylvania Avenue, which is C1. He wishes that it would be zoned R3 right now, because you will have access to all of C1, C2, and C3 allowable uses. He can only continue in the C1 category. He predicted down the road that they will see a gradual adjustment, as Councilman Moore said, with not being allowed to make these changes because of the comp plan He addressed Mr. Rosnick and asked him if they could take the whole thing and just go to C1? Mr. Rosnick contended that they could not do that. The next best thing is nonconforming, which was presented that evening, which will allow existing businesses in R3 access to C1, C2, and C3 allowable uses. As a matter of fact they are going to move a couple of parcels of land that are on Pennsylvania Avenue, that are R1 and change it to R3. These parcels are where Century 21 Real Estate office is, which includes 3 pieces of property that are zoned R3, so that they can participate in the same change. So, as Councilman Moore said, he thinks they are doing the right thing for the existing businesses on Pennsylvania Avenue and give them more than they had before, as far as uses for the businesses.
Eric Frankovitch, 337 Penco Road – He was very brief in light of what everyone had to say. He and Mike Simon own some property next to Weirton Tire and Auto. He presented pictures to Councilmember’s so they would know where he was talking about. They are across the street from WEIR and the chairlift place, which used to be a cellular store. The piece of property is absolutely useless for anything else than commercial. Certainly there could not be another structure there, such as condominiums, apartments, or houses. It is a triangular piece of property that has absolutely no value if it is permitted to use as commercial.
Patti Blanc, 3125 Pennsylvania Avenue – Ten years ago she was around, but she did not know what was going around. Back in March she got wind of what was going on and somehow she was under the assumption that she was listed as a business, but in the past month she realized that she was not. She read the letter she had sent to the governing body of this City, on March 24, 2005, in reference to the rezoning of Pennsylvania Avenue from commercial to residential.
OLD BUSINESS
1. Ordinance rescinding Ordinance No. 503 Prohibiting “No Left Turn” from Freedom Place High Rise (Tabled November 14, 2005)
Mayor Miller said that in order to address this issue it will have to be removed from the table.
A motion was made by Councilman J. Miller to remove ordinance from the table and second by Councilman DeMasis.
This motion was carried unanimously.
Mayor Miller explained that when the original ordinance was enacted in 1977 it was very difficult to make a left hand turn, because there were only four lanes on Main Street. With that in mind, Council was asked if Ordinance 503 should be rescinded.
Councilman Kondik made a comment in reference to this ordinance. He noted that at the last Traffic Commission meeting, John Brown had sent Mr. Donnelly form the State of West Virginia and asked about this scenario. Mr. Donnelly’s comment was: “He sees no problem with the removal of the sign because a center lane has been added to Main Street and visibility is sufficient.”
Councilman Kondik continued that he and Councilman DeMasis went to the location at 10 a.m., 12 p.m., and 4 p.m. They made a left hand turn and he does agree that there is no problem with rescinding the ordinance.
A motion was made by Councilman Kondik to rescind this ordinance and second by Councilman J. Miller. This motion was carried with a 5-2 vote. Councilman Dalrymple and Councilman Moore opposed.
This ordinance will have a second reading at the January meeting.
2. Second Reading of Ordinance No. 1470. Amendment No. 643 to the Traffic Control Map Ordinance No. 214 of the City of Weirton (Install Stop Signs at Intersections of Millsop Drive and Parkview Drive on Parkview Drive).
A motion was made by Councilman Veltri to accept this ordinance and second by Councilman Moore.
The motion was carried unanimously.
3. Second Reading of Ordinance No. 1471. Amendment No. 645 to the Traffic Control Map Ordinance No. 214 of the City of Weirton (Install Stop Signs at the Intersection of Starvaggi Drive and Millsop Drive on Millsop Drive Side).
A motion was made by Councilman Veltri to accept this ordinance and second by Councilman J. Miller.
The motion was carried unanimously.
4. Second Reading of Ordinance No. 1472. Ordinance Modifying Section 155.01 of the Code of Ordinances of the City of Weirton, Providing for the Number of Members of the Weirton Planning Commission be Reduced from Fifteen to Nine.
A motion was made by Councilman Kondik to accept this ordinance and second by Councilman Dalrymple.
The motion was carried unanimously.
5. Second Reading of Ordinance No. 1473. Ordinance Approving the “Public Infrastructure Project No. 1 – Park Drive Extension” Located Within “The City of Weirton Three Springs Drive TIF District No. 1” Authorizing the Development of Financing Arrangements and Providing for Other Matters in Connection therewith and Adopting other Provisions Related thereto
A motion was made by Councilman J. Miller to accept this ordinance and second by Councilman Veltri.
Councilman Moore had a comment that it is not like we are going to pass this and we are going to start working on a road in a couple of months. There are still hurdles to clear with the State for this extension. This allows us to use the bond to pay for the road.
The motion was carried unanimously.
NEW BUSINESS
1. Ordinance to Amend Existing City of Weirton Zoning Map as recommended by Weirton Planning Commission.
A motion was made by Councilman Moore to accept this ordinance and second by Councilman Veltri.
Councilman Moore moved to amend this ordinance as follows:
Tax Map 43C – Parcel 193 Change from R3 to C1 Tax Map 43C – Parcel 192 Change from R3 to C1 Tax Map 43D – Parcel 129 Change from R1 to R3 Tax Map 43D – Parcel 128 Change from R1 to R3 Tax Map 43D – Parcel 127 Change from R1 to R3 Tax Map 44F – Parcel 200 Remain C1 Tax Map 44F – Parcel 199 Remain C1 Tax Map 44F – Parcel 009 Remain C1 Tax Map 44F – Parcel 010 Remain C1 Tax Map 44F – Parcel 011 Remain C1 Tax Map 44F – Parcel 012 Remain C1 Tax Map 44F – Parcel 188 Remain R1 Tax Map 44F – Parcel 189 Remain R1 Tax Map 44F – Parcel 190 Remain R1 Tax Map 44F – Parcel 195 Remain R1 Tax Map 44F – Parcel 196 Remain R1 Tax Map 44F – Parcel 197 Remain R1 Tax Map 44F – Parcel 198 Remain R1 Tax Map 44F – Parcel 022 Remain R1 Tax Map 44F – Parcel 023 Remain R1 Tax Map 44F – Parcel 021 Change from R1 to C1 Tax Map 44K – Parcel 008 Change from R2 to C1 Tax Map 44F – Parcel 007 Change from R2 to C1
The motion has been made and second by Councilman Dalrymple to accept the amendment.
The amendment pasted with a 6-1 vote with Councilman DeMasis being the opposing vote.
Those in favor of the original ordinance as amended?
The motion to accept was with a 6-1 vote with Councilman DeMasis opposing. 2. Ordinance to Amend Existing City of Weirton Unified Development Ordinance Text as Recommended b the Weirton Planning Commission.
It was moved by Councilman J. Miller to accept this ordinance and second by Councilman Moore.
Councilman Moore offered an amendment to the ordinance. It was moved by Councilman Dalrymple and second by Councilman Miller.
Councilman Moore verbalized the changes offered: (Those changes are italicized and underlined)
(Councilman Moore read 8.1.1 in its entirety because the change was in the middle.)
Article 8 - Nonconforming Provisions
Section 8.1 Nonconforming uses
8.1.1 It is the intent of this Article to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses or structures that would violate the provisions of this Ordinance and the area of R-3 specifically in the Pennsylvania Ave. Corridor, which has experienced the greatest change in economics, land use and zoning designation. Therefore in consideration thereof, it is also the intent of this Article that any elimination of nonconformities shall be effected so as to avoid any unreasonable invasion of established private property rights,
8.1.2 The uses that were both in existence and in compliance with all land use and other laws on the date of passage of this Ordinance, and, further, that do not conform to the use regulations set forth in this Ordinance, shall be deemed to be legal, pre-existing nonconforming uses that may be continued subject to the following provisions:
(A) No legal, pre-existing nonconforming use, may be enlarged, moved or otherwise changed, except that such use may be changed to a Permitted Use. Except in R-3 district, a pre-existing nonconforming land use in the R-3 district may be changed to any permitted use in the Permitted Land Use in Table 1 for C-1, C-2, and C-3 districts
(B) A legal, pre-existing nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use but shall not be expanded to occupy any parts of such building that were not so arranged or designed or any land outside such building, unless otherwise authorized by this Article.
(C) When a legal, pre-existing nonconforming use is superseded or replaced by a Permitted Use, the nonconforming use may not thereafter be resumed.
(D) When a legal, pre-existing nonconforming use is discontinued or abandoned for twelve (12) consecutive months, the land, structure, or land and structure in combination, may thereafter only be put to a Permitted Use and the nonconforming use may not thereafter be resume, except in R-3 districts.
(E) Any legal, pre-existing nonconforming use shall continue until or unless modified or terminated as herein provided. Such use may be sold, inherited, or otherwise transferred, provided the use, land and structure (if any) remain the same, unless otherwise authorized by this Article.
Section 8.2 Nonconforming Structures Structures that were in existence and in compliance with all land use and other laws prior to the date of passage of these regulations, however do not conform to the development regulations set forth in this ordinance after its adoption, shall be deemed to be legal, pre-existing nonconforming structures that may be continued subject to the following provisions:
(A) No legal, pre-existing structure, may be enlarged, moved or otherwise changed, unless a variance from the terms of this Ordinance is obtained from the Board of Zoning Appeals in such a manner that increases the extent of its non-conformity. Except in R-3 district, a pre-existing nonconforming commercial structure may be expanded in accordance to the development standards in Table 2 for C01 zoning districts.
(B) When a legal, pre-existing structure is discontinued or abandoned for twelve (12) consecutive months, the structure may thereafter only be used as a permitted use only and the nonconforming use within the structure may not thereafter be resumed, unless otherwise authorized by this Article.
(C) When a nonconforming use exists within a structure, status applies to the structure, and removal or destruction of the structure shall eliminate the nonconforming status of the land.
(D) Normal maintenance and repair of a building or other structure containing a nonconforming use may be performed, provided there is no physical change to the building or structure (e.g., design, size, location, etc.) and such maintenance or repair does not extend or intensify the nonconforming use, unless otherwise authorized by this Article.
(E) Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before, if such reconstruction is undertaken within twelve (12) months of such casualty, and if the restored structure has no greater coverage (i.e., building footprint) and contains no greater content (measured in cubic feet) than before such casualty, unless otherwise authorized by this Article.
(F) Any legal, pre-existing nonconforming dwelling that is deficient in ground floor area and that is removed from a parcel may not be relocated on the parcel or be replaced by any other dwelling which is not in compliance with the requirements of this Ordinance.
A motion was made by Councilman Miller to accept the amendments and second by Councilman Veltri.
The motion was carried unanimously.
The motion had already been made to accept the Ordinance as amended.
The motion was carried unanimously.
3. Resolution to Enter into Contract to Purchase Three Light Plants for Weirton Fire Department utilizing Homeland Security Funding
A motion was made by Councilman DeMasis to accept this Resolution and second by Councilman Dalrymple.
Councilman Moore commented that this was Homeland Security Funding at 100%.
The motion was carried unanimously.
4. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Weirton Museum/Penco Road) A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Veltri.
The motion was carried unanimously.
5. Resolution Authorizing Application and Acceptance for West Virginia Legislative Digest Funds (Weirton Area Community Foundation).
A motion was made by Councilman Moore to accept this Resolution and second by Councilman J. Miller.
The motion was carried unanimously. 6. Ordinance Modifying Ordinance #1313, as Amended, by Raising the Salaries of Employees who are Members of the Weirton Municipal Employees Union (WMEU) and Providing for Retroactivity of said Changes to July 1, 2005.
A motion was made by Councilman J. Miller to accept this Ordinance and second by Councilman Dalrymple.
Councilman Moore made a comment concerning the increase that was given to General Fund employees 3 months ago. This was the first increase since 2001. There were three (3) bargaining units that they were in negotiations with and were able to come to an agreement with the Municipal Employees Union (WMEU). They are still in negotiations with the Fire and Police. There is a limited amount of funds for these and definitely believe that the employees have earned some type of increase, but they are limited and as days go on they expect the constraints to become tighter. He is sure that the other two (2) bargaining units will be resolved quickly.
The motion was carried unanimously.
7. Resolution Authorizing City Manager to Enter into an Agreement with the Weirton Municipal Employees Union (WMEU).
A motion was made by Councilman Moore to accept this Resolution and second by Councilman Veltri.
The motion was carried unanimously.
8. Resolution to Authorize Purchase of Vehicle for Weirton Fire Department Utilizing State Contract.
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Moore.
The motion was carried unanimously.
9. Resolution to Enter into Agreement with Northern Panhandle Soil Conservation District for Kings Creek Area Stream Bank Restoration.
A motion was made by Councilman Dalrymple to accept this Resolution and second by Councilman DeMasis.
Councilman Moore stated that this was the $25,000 that was approved a couple of months ago, although the project has changed considerably. They have gotten the Soil and Conservation District to contribute $75,000. This matches the City/County plan which is done under their asepsis and comprehensively done. It won’t be a reimbursement to land owners.
The motion was carried unanimously.
Appointments to Various Bards and Commissions
Mayor Miller announced six (6) reappointments to the Weirton Planning Commission:
John Porco, 3036 Elm Street A motion was made by Councilman Kondik to accept this reappointment and second by Coumncilman Miller.
The motion was carried unanimously.
William Dalrymple, 213 Putnam Lane
A motion was made by Councilman Miller to accept this reappointment and second by Councilman Veltri.
The motion was carried with a 6-0 vote with Councilman Dalrymple abstaining.
Ron Zellars, 104 Vista Drive
The motion was made by Councilman Kondik to accept this reappointment and second by Councilman J. Miller.
The motion was carried unanimously.
Burl Anderson, 124 Kathleen Way
A motion was made by Councilman Kondik to accept this reappointment and second by Councilman Moore.
The motion was carried unanimously.
Ray Gajtka, 283 Bell Boulevard
A motion was made by Councilman Kondik to accept this reappointment and second by Councilman Moore.
The motion was carried unanimously.
Chuck Robinson, 3645 State Street
A motion was made by Councilman Kondik to accept this reappointment and second by Councilman Moore.
The motion was carried unanimously.
Administrative Reports from Various Departments
Chief Scott, Police Department – Chief Scott voiced his pride with his department as well as Brooke and Hancock County departments. Countless hours were spent between the three (3) departments checking information that they had in the apprehension of the robbers that were arrested recently. It shows where citizens paying attention, is instrumental in these departments doing their job. They received information from witnesses who had seen this take place, and informed one of these three (3) departments, so that rapid response to the area brought about success in the capture of the two (2) individuals.
Chief Cole, Fire Department – To make the Council aware, all the ground ladders, aerial ladders, and pump tests done at the Weirton Fire Department during the last two (2) month, did pass. Also in the report, it says training facility for Gilson Avenue! They are building structures where the firemen will have to train at that location.
John Brown, Public Works – They are doing very well, and also assisted Brooke County on Route 22, over the weekend.
Councilman Dalrymple stated that the Public Works department does not appreciate it when citizen’s blow or shovel their snow out into the streets. He asks that the community would please blow it or shovel it back into their yards. Also requests that citizens do not wash their cars and have the water run into the streets resulting in ice and then calling Public Works and complaining that the streets need to be salted. He asks people to use common sense this winter, please.
Mr. Yeager, City Attorney mentioned that there is a City Ordinance against doing that.
Mr. Brown commented that the Public Works Director has someone on Gilson Avenue doing that very thing and he got assistance from Weirton Police Department.
Mayor Miller interjected that this is what would have to be done to make sure citizens don’t throw snow back into the road, because it now becomes hazardous and dangerous for every citizen.
Councilman H. Miller commented that he does do that, whenever they plow snow up into his driveway. He takes what is plowed into his driveway and throws it back into the street.
Butch Mastrantoni, Utilities – Nothing further to report.
Rik Rekowski, Library – Not present
Rod Rosnick, Code Enforcement – Nothing to report
Valerie Means, Financial Director – Gave the Treasurer’s Report
A motion was made by Councilman J. Miller to accept the Department Heads Reports and second by Councilman Dalrymple.
The motion was carried unanimously.
No Bills to be paid
Mr. Yeager announced that Dr. David T. Javersak who wrote “History of Weirton”, will be at the Library on December 14, 2005, between 4 and 6 p.m., for book signing. Mr. Yeager thinks the book sells for $37.
Councilman Moore commented that he thinks the Council may want to consider a freeze on Capitol Expenditures until they get a clear handle on where their EDA reimbursement going to be. They may have to re-budget over $500,000 return for that, but they honestly expect it to be more to be reimbursed by EDA. They don’t know where Midel stands on this or how the City is going to come out of this. Council has put forth a capital budget structure and those participant that may be able to be delayed for a few months until they get a handle on what they are going to get from EDA, what is going to happen with Midel, and where the City is going to end up.
Mayor Miller said that was a good point and they would have to discuss the matter.
Prayer
Adjournment
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