Ordinance and Rules Committee

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Monday, July 1, 2024 at 6:00 PM. To be held in person AV ROOM #308, CITY HALL Agenda APPROVAL OF PREVIOUS MINUTES 1. 5-6-2024 BILLS 1. Bill No. 8037 - A BILL to amend the Municipal Code relating to updating the City Center Private Outdoor Designated Area to include two special event locations; updating the City Center PODA map; explicitly vesting the City Manager with the authority to adjust the active boundary of the Private Outdoor Designated Area in order to account for special event locations; and requiring additional signage relating to the special event locations. ADJOURN CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of  MINUTES ORDINANCE AND RULES COMMITTEE MEETING 6:00 P. M., MAY 6, 2024 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 6:00 p.m., May 6, 2024. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Becky Ceperley Joseph Jenkins Sam Minardi (arrived after approval of previous minutes) Emmett Pepper Absent: Other Councilmembers Present: Chelsea Steelhammer Joe Solomon Beth Kerns Bruce King 1. Approval of Previous Minutes – Councilmember Jenkins motioned to approve the previous minutes from 4-1-2024. Councilmember Annie seconded the motion. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. Page | 2 of  2. Bill No. 8030 Committee Substitute - A BILL to amend the Municipal relating to updating requirements and penalties associated with bicycle riders and motorized vehicles – City Attorney, Kevin Baker, added that the Committee Substitute removes the general penalties section (so they will stay the same in Code), and adds two sections related to bicyclists and pedestrians that do not have jail time penalties. The penalties match what are already in place for scooters. It still removes antiquated language, and adds language for safely passing a bicyclist. The Committee Substitute also clarifies that an operator of a vehicle who violates the Code is subject to the general penalties section. Councilmember Ceperley confirmed with Baker that Section 114-3 was removed from the bill, but is still extant in City Code. Councilmember Robinson confirmed with Baker that the changes are a modernization to current Code as it will be more in line with State Code. Councilmember Ceperley confirmed with Baker that the requirements to license and register bicycles have been removed. Baker added that he could not confirm that this was ever enforced. Councilmember Jenkins confirmed with Baker that there is a national database of bicycle serial numbers that would serve the purpose of registering a bicycle more efficiently. Councilmember Pepper spoke in favor of the bill and agreed with the changes that were made. Councilmember Annie moved to approve Bill No. 8030 Committee Substitute. Councilmember Minardi seconded. With those being present having voted unanimously in the affirmative, the Chair declared Bill No. 8030 Committee Substitute as approved. Councilmember Annie motioned to adjourn the meeting. Councilmember Minardi seconded. Meeting adjourned. Page | 3 of  Bill No. 8037 Introduced in Council: Adopted by Council: June 17, 2024 Introduced by: Referred to: Chad Robinson Ordinance & Rules 1 Bill No. 8037 - A BILL to amend and reenact Section 6-166 of the Municipal Code of 2 the City of Charleston, as amended, relating to updating the City Center Private Outdoor 3 Designated Area to include two special event locations; updating the City Center PODA 4 map; explicitly vesting the City Manager with the authority to adjust the active boundary 5 of the Private Outdoor Designated Area in order to account for special event locations; 6 and requiring additional signage relating to the special event locations. 7 8 Now, therefore, be it ordained by the Council of the City of Charleston: 9 10 That Section 6-166 of the Municipal Code of the City of Charleston, as amended, is 11 hereby amended and reenacted to read as follows: 12 13 DIVISION 2. - CITY CENTER PODA 14 Sec. 6-166. - Creation and boundaries. 15 16 (a) City Council for the City of Charleston hereby establishes a private outdoor 17 designated area known as "City Center PODA," which shall have the boundary as 18 stated in subsection (b) of this section and which shall meet all of the requirements of 19 this article and applicable West Virginia Code. Notwithstanding the foregoing and the 20 provisions of subsection (b) of this section, the City Council further approves the 21 establishment of two special event locations within the City Center PODA, as described 22 in subsection (c) of this section, which may become inactive areas within the City 23 Center PODA as provided in subsection (d) of this section. 24 25 (b) The City Center PODA shall begin at the southeastern corner of the 26 intersection of Kanawha Boulevard and Laidley Street, then continue along Laidley 27 Street in a northerly direction, including City Center at Slack Plaza, to Lee Street, then 28 continue in an easterly direction along Lee Street, including the structures on the 29 northern side of Lee Street between Summers Street and Dickinson Street, but 30 excluding Davis Park, to Dickinson Street, then continue in a southerly direction along 31 Dickinson Street to Virginia Street, then continue in a westerly direction along Virginia 32 Street to Capitol Street, then continue in a southerly direction along Capitol Street to 33 Kanawha Boulevard, including the 800 block of Kanawha Boulevard and then continue 34 in a westerly direction along Kanawha Boulevard to include all of Haddad Riverfront 35 Park to the southeastern corner of the intersection of Laidley Street and Kanawha Page | 4 of 36 Boulevard. The City Center PODA shall include the public rights-of-way within the 37 boundary area and the buildings at or within the following addresses: 600-900 Virginia 38 Street East; 500-816 Kanawha Blvd East; 8-310 Capitol Street; 2-191 Summers Street; 39 100-235 Hale Street; 611-900 Lee Street East; 700-723 Brawley Walkway; 700-912 40 Quarrier Street. 41 42 (c) Within the boundary of the City Center PODA, as detailed in subsection (b) of 43 this section, there are hereby established two special event locations: the Haddad 44 Riverfront Park Special Event Location and the City Center at Slack Plaza Special 45 Event Location. Each of these special event location boundaries are shown The on the 46 attached updated map of the City Center PODA. The updated map hereby replaces all 47 previous City Center PODA maps and is incorporated by reference herein and made a 48 part of this article. 49 50 (d) The City Manager is hereby explicitly vested by City Council with the authority 51 to announce that either the Haddad Riverfront Park Special Event Location or the City 52 Center at Slack Plaza Special Event Location, or both, are hosting an approved special 53 event on specific dates and times during which the applicable special event locations 54 are deemed outside of the City Center PODA and shall provide written notice to the 55 WVABCA of any such closure at least ten days in advance of the event, unless 56 extenuating circumstances exist that do not allow for such advance notice and in that 57 case notice shall be provided as soon as practicable before the event. If the City 58 Manager makes such an announcement, the City Manager shall direct the conspicuous 59 placement of at least two additional signs measuring at least 24 inches by 36 inches at 60 each entry point to the applicable special event locations clearly stating that individuals 61 are exiting the PODA and entering a special event location and that PODA approved 62 beverages may not be brought into the special event location, and shall likewise place 63 equal signs at each exit point of the special event location stating that individuals are 64 exiting the special event location and entering the PODA and that any beverages 65 purchased at the special event location are prohibited within the PODA. Each approved 66 special event will have the option to obtain any relevant approval from the WVABCA to 67 have alcohol present at the event and, if the approved special event chooses to do so, 68 the approved special event shall be responsible for ensuring that any alcoholic 69 beverages served at the approved special event do not leave the relevant special event 70 location. The City Manager shall have no additional authority to modify the footprint of 71 the City Center PODA except as explicitly provided herein without first obtaining 72 approval of City Council. 73 74 (d) (e) The area within the City Center PODA is in the Central Business District 75 ("CBD"), which is a zoning area that allows for the sale and consumption of liquor, wine, 76 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning 77 ordinance. 78 Page | 5 of  Page | 6 of City Center at Slack Plaza Haddad Riverfront Park