WEIRTON CITY COUNCIL
COUNCIL MEETING - SPECIAL
December 22, 2006 9:00 A. M.
A special meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on December 22, 2006 at 9:00 A.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Miller called the meeting to order.
Councilmembers in Attendance: Henry DeMasis Councilmember Ward 4 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Jerry Miller Councilmember Ward 1 David Dalrymple Councilmember Ward 6 George Kondik Councilmember Ward 5
Councilmembers Not in Attendance: Frank Veltri Councilmember Ward 7
City Officials in Attendance: Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director Rod Rosnick Chief Code Official John Yeager City Attorney
Others in Attendance: Citizens Mr. LaPosta (Video) Media Weirton Daily Times, Jason Howard WTOV9, Dino Orsatti, Cameraman (Video)
Mayor Miller led the Pledge of Allegiance.
COMMUNICATIONS
Mayor Miller commented, “We have two items. Some of you may have been delayed on Cove Road this past week. We had asked the State, had sent a letter to the State and asked for some assistance on Cove Road. We have a lot of limbs and trees overhanging, and they’ve got about half of it done, and I hope that they get it finished up next week. So, we thank the State for that.
And, the second thing. The City Administration would like to pass along their congratulations to the Weir High Staff, the Weir High Teachers, and the Weir High Students. It was in the paper yesterday. They received another award from the West Virginia Educational Standard Test. They received the high achievement, and our congratulations go along to them too.
CITIZEN COMMENTS
NONE
NEW BUSINESS
Ordinance No. NEW (First Reading) AMENDING ORDINANCE NO. 1367 AND PROVIDING THAT “TOUCH SCREEN I VOTRONIC” AND SIMILAR VOTING MACHINES MAY BE UTILIZED IN CITY ELECTIONS
Motion was made by Councilmember DeMasis, second by Councilmember J. Miller. The motion passed by majority, 6/0.
Resolution AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BROOKE-HANCOCK-JEFFERSON METROPOLITAN PLANNING COMMISSION
Motion was made by Councilmember DeMasis, second by Councilmember Moore.
Councilmember Moore commented, “Gary, do you want to explain exactly what this is?”
Mr. DuFour commented, “OK. We have been talking to BHJ for some time regarding some use of economic development administration, EDA, funds. The City had proceeded, with the approval of Council, to acquire the services of Environmental Planning and Design to undertake the study of the TIF District for infrastructure, as well as land use. BHJ received all of their money, as it turns out, sixty thousand dollars ($60,000), in one lump sum, and they need to expend it. And, so, we have an opportunity, that if we can take advantage of, to receive fifty percent (50%) matching funding for that study, about fifty-four thousand seven hundred ($54,700). BHJ’s going to commit twenty-six thousand ($26,000) to it, and we will match the balance on that to fund the TIF District Study for Land Use and Infrastructure.”
Councilmember DeMasis commented, “BHJ, I tell you what. I just want to say they are a super organization. I’ve dealt with them for about 4 or 5 years. This was a…this was to our Veteran’s Park downtown here. They were very good, and they just pointed me in the right direction and so forth, what to do, and maybe what not to do. I would recommend them for anything. I’m glad they’re on board. They’re great.”
Councilmember Moore commented, “And, I believe that the Mayor and the City Manager have made a trip to Charleston to talk with the State about the TIF District, the Industrial Park, and they have now assigned a liaison. So, hopefully, we’re going to get more attention.”
Mayor Miller commented, “We anticipate a kick start after our meeting with the State and Senator Bowman, a representative of the government, and other members of the West Virginia Economic Development Association. I think that the meeting went very well, and I think we’re now on the right path and on the way to expanding up there. So, I guess you’re correct Councilman.”
The motion passed by majority, 6/0.
RESOLUTION
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BROOKE-HANCOCK-JEFFERSON METROPOLITAN PLANNING COMMISSION
WHEREAS the City Manager has reported that a Memorandum of Understanding has been negotiated between the City and the representatives of the Brooke - Hancock - Jefferson Metropolitan Planning Commission and
WHEREAS that memorandum will not be fully binding upon either party unless and until Council confirms that it is in the best interests of the City; and
WHEREAS the contents of that Memorandum, which is attached to this Resolution, provide that certain monies are available through the U.S. Economic Development Corporation for the purpose of completing a Master Plan and Concept Plan for the Weirton Tax Increment Finance District to promote the overall health, safety, and welfare of the City; and
WHEREAS by its terms that Memorandum would allow the City to collect Twenty-Six Thousand Dollars ($26,000.00) through the Brooke - Hancock - Jefferson Metropolitan Planning Commission if it matches the grant with an equal sum from its own funds; and
WHEREAS Council has maturely considered the said Memorandum of Agreement and has found that it describes an arrangement which is in the best interest of the City, and Council is of the opinion that the said arrangement should be entered into by the City Manager on behalf of the City:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, THAT: The City Manager is hereby empowered to sign a formal contract or Memorandum of Agreement with the Brooke - Hancock - Jefferson Metropolitan Planning Commission which puts the terms of the Memorandum of Agreement attached hereto into full force and effect, binding both parties to perform their obligations under that contract according to law.
DATE: December 22, 2006
Mayor
ATTEST
City Clerk
OLD BUSINESS
Ordinance No. 1513: (Second Reading) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE SECTION 13.12 (PARKING) EXEMPTIONS AND ADJUSTMENTS
Motion was made by Councilmember Dalrymple, second by Councilmember Moore.
The motion passed by majority, 6/0.
ORDINANCE NO. 1513
AN ORDINANCE AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE SECTION 13.12 (PARKING) EXEMPTIONS AND ADJUSTMENTS
WHEREAS, The Common Council of the City of Weirton, Hancock and Brooke Counties of West Virginia, has the authority under the Charter of the City of Weirton, Article V. Section I at subsection 32, 43, 44 and 59 and by the West Virginia Code at section 8-11-1(a)(1), 8A-7-1, 8A-7-8, and 8A-7-10(c) to make TEXT CHANGES TO Ordinance #1449 adopted on July 11, 2005 and commonly known as the Unified Development Ordinance; and
WHEREAS after a public hearing, and duly having studied this matter, the Weirton Planning Commission has recommended that the change embodied in this ordinance not be enacted; and
WHEREAS this council has the authority to adopt or decline to adopt the recommendations of the Weirton Planning Commission and to act in accordance with the same or decline to act in accord therewith, once having heard and considered the same; and
WHEREAS this council has determined that the enactment of the Unified Development Ordinance and the text changes have resulted in a situation which must be modified somewhat for the economic good of the City and that the modifications made herein are consistent with the City’s Comprehensive Plan and consistent with the Weirton Planning Commission’s recommendations; and
WHEREAS the text changes on the appendixes attached hereto were or may have been limited by the Unified Development Ordinance and Council believes that it would be in the best interest of the City, its citizens, and the economic well-being of all to cause the text of the Unified Development Ordinance to be amended in order to authorize text changes which are designated on the said appendix A to exist and does make the finding the said changes are dictated by public necessity and the public health, safety, and general welfare of the City, and respectfully declines to follow the recommendations of the Planning Commission.
NOW, THEREFORE, be it ORDAINED by the Common Council of the City of Weirton, Brooke and Hancock Counties of West Virginia, that the text of the Unified Development Ordinance be modified to include changes as indicated on the appendix A attached hereto.
This Ordinance shall become effective on the 30th day after its second reading and passage by Council.
First Reading: December 11, 2006 Publication Date: December 14, 2006 Second Reading: December 22, 2006
Mayor
ATTEST:
City Clerk
Appendix A
Add the following to Section 13.12
13.12.4 If as the result of land being taken, a reduction of parking spaces occurs as the result of the following conditions;
A. Involuntary land acquisition by the state or municipal government through the invocation of eminent domain; or
B. Voluntary land transfer to the state, count, or municipal government in the interest of a public project; and
The land acquisition results in the existing use being unable to meet the current parking standards; the use shall be deemed an existing non-conforming use and shall be regulated by Article 8. In addition, the future parking requirements for any change to another permitted land use for the zoning district shall be based on the parking spaces existing at the time of the acquisition. This credit for lost parking spaces from the acquisition shall not exceed 20% of the new total parking requirement.
The burden of proof and documentation thereof of the total number of existing parking spaces shall rest upon the owner of the property being transferred and shall be submitted to the city at the time of conveyance. Ordinance No. 1514: (Second Reading) AMENDING ARTICLE 8.12 AND ARTICLE 9; TABLE 1. PERMITTED LAND USE TABLE OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION
Motion was made by Councilmember Kondik, second by Councilmember J. Miller.
The motion passed by majority, 6/0.
ORDINANCE NO. 1514
AN ORDINANCE AMENDING ARTICLE 8.1.2 AND ARTICLE 9; TABLE 1. PERMITTED LAND USE TABLE OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION.
WHEREAS, The Common Council of the City of Weirton, Hancock and Brooke Counties of West Virginia, has the authority under the Charter of the City of Weirton, Article V. Section I at subsection 32, 43, 44 and 59 and by the West Virginia Code at section 8-11-1(a)(1), 8A-7-1, 8A-7-8, and 8A-7-10(c) to make TEXT CHANGES TO Ordinance #1449 adopted on July 11, 2005 and commonly known as the Unified Development Ordinance; and
WHEREAS after careful study of the matter and a public hearing, the Weirton Planning Commission recommends that certain text provisions of the Unified Development Ordinance be modified and that other provisions remain the same; and
WHEREAS this council has the authority to adopt the said recommendations of the Weirton Planning Commission and act in accordance with the same, having once heard the Planning Commission’s recommendations; and
WHEREAS this council has determined that the enactment of the Unified Development Ordinance and the text changes have resulted in a situation which must be modified somewhat for the economic good of the City and that the modifications made herein are consistent with the City’s Comprehensive Plan and consistent with the Weirton Planning Commission’s recommendations; and
WHEREAS the text changes on the appendixes attached hereto were or may have been limited by the Unified Development Ordinance and Council believes that it would be in the best interest of the City, its citizens, and the economic well-being of all to cause the text of the Unified Development Ordinance to be amended in order to authorize text changes which are designated on the said appendix A to exist and does make the finding the said changes are dictated by public necessity and the public health, safety, and general welfare of the City;
NOW, THEREFORE, be it ORDAINED by the Common Council of the City of Weirton, Brooke and Hancock Counties of West Virginia, that the text of the Unified Development Ordinance be modified to include changes as indicated on the appendix A attached hereto.
This Ordinance shall become effective on the 30th day after its second reading and passage by Council.
First Reading: December 11, 2006 Publication Date: December 14, 2006 Second Reading: December 22, 2006
Mayor
ATTEST:
City Clerk
Appendix A
1. CHANGE: TABLE 1 PERMITTED LAND USE TABLE
Column label from R-3 to R-3*
AND; ADD THE FOLLOWING FOOTNOTE TO TABLE 1 PERMITTED LAND USE TABLE:
“All nonconforming uses in the R-3 district located on Pennsylvania Avenue at the time of the adoption of this Ordinance on July 11, 2005, shall be permitted to continue or to change to any permitted use in Table 1 for C-1, C-2 and C-3 districts from time to time in accord with Article 8.”
2. CHANGE:
FROM: SECTION 8.1.2
(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.
TO: SECTION 8.1.2
(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, and such parcels will be designated C/R-3. Ordinance No. 1515: (Second Reading) AMENDING ARTICLE 9; TABLE 1. PERMITTED LAND USE TABLE OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION
Motion was made by Councilmember Kondik, second by Councilmember Moore.
The motion passed by majority, 6/0.
ORDINANCE NO. 1515
AN ORDINANCE AMENDING ARTICLE 9; TABLE 1. PERMITTED LAND USE TABLE OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION.
WHEREAS, The Common Council of the City of Weirton, Hancock and Brooke Counties of West Virginia, has the authority under the Charter of the City of Weirton, Article V. Section I at subsection 32, 43, 44 and 59 and by the West Virginia Code at section 8-11-1(a)(1), 8A-7-1, 8A-7-8, and 8A-7-10(c) to make TEXT CHANGES TO Ordinance #1449 adopted on July 11, 2005 and commonly known as the Unified Development Ordinance; and
WHEREAS after careful study of the matter and a public hearing, the Weirton Planning Commission recommends that certain text provisions of the Unified Development Ordinance be modified and that other provisions remain the same; and
WHEREAS this council has the authority to adopt the said recommendations of the Weirton Planning Commission and act in accordance with the same, having once heard the Planning Commission’s recommendations; and
WHEREAS this council has determined that the enactment of the Unified Development Ordinance and the text changes have resulted in a situation which must be modified somewhat for the economic good of the City and that the modifications made herein are consistent with the City’s Comprehensive Plan and consistent with the Weirton Planning Commission’s recommendations; and
WHEREAS the text changes on the appendixes attached hereto were or may have been limited by the Unified Development Ordinance and Council believes that it would be in the best interest of the City, its citizens, and the economic well-being of all to cause the text of the Unified Development Ordinance to be amended in order to authorize text changes which are designated on the said appendix A to exist and does make the finding the said changes are dictated by public necessity and the public health, safety, and general welfare of the City;
NOW, THEREFORE, be it ORDAINED by the Common Council of the City of Weirton, Brooke and Hancock Counties of West Virginia, that the text of the Unified Development Ordinance be modified to include changes as indicated on the appendix A attached hereto.
This Ordinance shall become effective on the 30th day after its second reading and passage by Council.
First Reading: December 11, 2006 Publication Date: December 14, 2006 Second Reading: December 22, 2006
Mayor
ATTEST:
City Clerk
Appendix A
Change Table 1 Permitted Land Use table to include Financial Services as a Conditional Use in R-3 zoned districts. ADJOURNMENT
Motion to adjourn the meeting was made by Councilmember J. Miller, second by Councilmember Moore.
The motion passed by majority, 6/0.
With no further business before this December 22, 2006 special session of the Weirton City Council the meeting was adjourned after the closing prayer.
|