Ordinance and Rules Committee — Charleston, WV
Date: 2024-07-01
Time: 18:00

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

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




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 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.




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 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.




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 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




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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




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 Page | 6 of
 City Center at
 Slack Plaza
 Haddad
Riverfront Park

MINUTES
 ORDINANCE AND RULES COMMITTEE MEETING

 6:00 P. M., JULY 1, 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., July 1, 2024.

Committee Members Present:
Chad Robinson, Chair
Patrick Salango, Vice Chair
Frank Annie
Becky Ceperley
Joseph Jenkins
Sam Minardi
Emmett Pepper

Absent:


Other Councilmembers Present:
Joe Solomon
Bruce King




 1. Approval of Previous Minutes –

Councilmember Annie motioned to approve the previous minutes from 5-6-2024.
Councilmember Minardi seconded the motion. With those being present having voted
unanimously in the affirmative, the Chair declared the minutes as approved as
amended.
 2. 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.–


City Manager Ben Mishoe added that some municipalities have had problems with
special events operating within PODAS. The ABC’s opinion that for special events, the
entire PODA should be shut down. The Legislature has made some changes during
their most recent session concerning special events operating within PODAS by
creating a special event license, with the special event becoming a PODA retailer. Due
to the excellent relationship with the ABC, the City was able to host the first special
event PODA in the State with the Bike Bash. Live on the Levee has also been operating
under this statute. Mishoe added that sometimes this is cost prohibitive. They have
worked with ABC to adjust the map to where the footprint will remain the same, but
there will now be two separate special event areas within the Downtown City Center
Map. The areas are City Plaza at Slack Plaza and Haddad Riverfront Park. If there is a
special event within those areas that do not want to participate in the PODA, the City
will have the ability to temporarily shut down that portion of the PODA. During these
times, large signs will be placed around the perimeter explaining the boundaries and
rules.

Councilmember Pepper confirmed with Mishoe that the Regatta special event is slightly
larger than the current PODA footprint. Most other events that will happen within that
area will fall directly within that PODA.

Councilmember Jenkins added that practically speaking, this would come down to the
types of cups that are being used, since the PODA requires a very specific cup. City
Attorney Kevin Baker added that the cups are fairly expensive for vendors. Additionally,
some events want their vendors to sell their products inside the event. Mishoe added
that since a lot of the special events are run by non-profits, the special license fee of
$500 would be a deterrent.

Councilmember Robinson confirmed that the supply of cups donated to the City by the
CVB have all been distributed, and vendors are now responsible for ordering them.

Councilmember Annie moved to approve Bill No. 8037. Councilmember Minardi
seconded. With those being present having voted unanimously in the affirmative, the
Chair declared Bill No. 8037.




Councilmember Annie motioned to adjourn the meeting. Meeting adjourned.