REGULAR MEETING FEBRUARY 5th 2008:
The regular
meeting of the Common Council of the City of
PRESENT: Mayor
The meeting
was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on January 15th,
2008 & special meeting on January 29, 2008, were approved as printed.
CORRESPONDENCE:
Mayor
UNFINISHED BUSINESS:
BOARDS AND COMMISSIONS:
Motion by Spencer, second by Bane,
Thomas Shamberger was appointed to serve on the BZA. Motion carried by acclamation. Motion by Bane, second by
NEW BUSINESS:
AN ORDINANCE AMENDING ARTICLE 1331.06
(2) OF THE PLANNING AND ZONING CODE PERTAINING TO HOME OCCUPATIONS: The below entitled Ordinance
was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1331.06 (2) OF
THE PLANNING AND ZONING CODE PERTAINING TO HOME OCCUPATIONS.
After discussion Councilor Byrer requested
that the Ordinance go back to the Planning Commission with the
following amendment. Suggested add on language to the 1994
regulation (1331.06(2) (c) (vi) dealing with home business for Morgantown
neighborhoods) 7. “Shall have no more than one vehicle with business
identification which is no wider than 6.5 feet, and shall have no vehicle
greater than one (1.0) ton capacity and shall not have any trailer”. Councilor Byrer stated that he will vote
against this ordinance until these changes are made. Motion by
AN ORDINANCE PROVIDING FOR THE ZONING
RECLASSIFICATION OF CERTAIN PARCELS IN THE FIFTH WARD OF THE CITY OF MORGANTOWN: The below entitled Ordinance was presented for
first reading:
AN ORDINANCE
PROVIDING FOR THE ZONING RECLASSIFICATION OF CERTAIN PARCELS IN THE FIFTH WARD
OF THE CITY OF MORGANTOWN FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2,
SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT BY AMENDING ARTICLE 1331 OF THE
PLANING AND ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO
ATTACHED AND DECLARED TO BE A PART OF THE ORDINANCE AS IF THE SAME WAS FULLY
SET FORTH THEREIN.
City Manager,
City Council to deny above stated Ordinance. Motion by Spencer, second by
AN ORDINANCE AMENDING PART THIRTEEN OF
THE MORGANTOWN CITY CODE, “PLANNING AND ZONING CODE”: The below entitled Ordinance
was presented for first reading:
AN ORDINANCE
AMENDING PART THIRTEEN OF THE MORGANTOWN CITY CODE, “PLANNING AND ZONING CODE,”
TO INCLUDE APPENDIX A “DEVELOPMENT STANDARDS FOR ZONING DISTRICTS”
Motion by Selin, second by
6-0.
AN ORDINANCE AMENDING THE PLANNING AND
ZONING CODE OF THE CITY 0F
AN ORDINANCE
AMENDING THE PLANNING AND ZONING CODE OF THE CITY 0F MORGANTOWN TO INCORPORATE
PROVISIONS FOR SHARED PARKING AND OFF-SITE PARKING WHEN CALCULATING MINIMUN
PARKING REQUIREMENTS IN THE B-4 DISTRICT.
Motion
by Councilor Spencer to amend Page 1 of
7. 1329.02 Definition of Terms “Automobile” – Add words after ‘persons’…”and
will fit within a 9’ X 18’ parking space.”
second by Byrer, motion carried 6-0.
AN ORDINANCE AMENDING ARTICLE 1351
“PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL BUSINESS (B-4) DISTRICT”: The below entitled Ordinance
was presented for first reading:
AN ORDINANCE
AMENDING ARTICLE 1351 “PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL
BUSINESS (B-4) DISTRICT” OF THE PLANING AND ZONING CODE AS IT RELATES TO
EXTERNAL SOLID WASTE CONTAINMENT FACILITIES IN THE B-4 DISTRICT.
Motion by
6-0.
AN ORDINANCE AUTHORIZING AN
INTERGVERMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE BOARD
OF EDUCATION OF MONONGALIA COUNTY, WEST VIRGNINA: The below entitled Ordinance
was presented for first reading:
AN ORDINANCE
AUTHORIZING AN INTERGVERMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN
AND THE BOARD OF EDUCATION OF MONONGALIA COUNTY, WEST VIRGNINA, SETTING FORTH
THE TERMS AND CONDITIONS FOR THE RELOATION OF A PORTION OF PRARIE AVENUE AND
THE CITY OF MORGANTOWN’S ACCEPTANCE OF THE NEWLY RELOCATED PORTION OF PRARIE
AVENUE AS A PUBLIC STREET FOR CITY CONTROL AND MAINTENANCE.
Motion by Selin, second by Byrer,
to pass the above entitled Ordinance to second reading. Motion carried
6-0.
AN ORDINANCE AMENDING THE PERSONNEL RULES
OF THE CITY OF
AN ORDINANCE
AMENDING THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY ADDING A NEW
ADMINISTRATIVE POLICY NO. 12, CREATING A HOME DOWN PAYMENT ASSISTANCE PROGRAM
FOR ELIGIBLE CITY EMPLOYEES.
Motion by Selin, second by Byrer to
pass the above entitled Ordinance to second reading. Motion carried 6-0.
AN ORDINANCE AMENDING SECTION V-7(B)
OF THE PERSONNEL RULES OF THE CITY OF
AN ORDINANCE
AMENDING SECTION V-7(B) OF THE PERSONNEL RULES OF THE CITY OF
Motion by Bane, second by Byrer, to
pass the above entitled Ordinance to second reading. Motion carried 6-0.
A RESOLUTION FOR THE CITY OF MORGANTOWN TO ENTER INTO A
CONTRACTUAL AGREEMENT WITH THE DIVISION OF MOTOR VEHICLES: The below entitled Resolution
was presented for Council’s approval:
A RESOLUTION FOR THE CITY OF
MORGANTOWN TO ENTER INTO A CONTRACTUAL AGREEMENT WITH THE DIVISION OF MOTOR
VEHICLES TO RECEIVE AND ADMINISTER GRANT
FUNDS PURSUANT TO PROVISIONS OF THE WVDOT DIVISION OF MOTOR VEHICLES.
After discussion, motion by Bane,
second by Selin, to approve the above entitled Resolution. Motion carried 6-
0.
A RESOLUTION FOR THE CITY OF
A RESOLUTION
FOR THE CITY OF MORGANTOWN TO SUBMIT THE NECESSARY PAPERWORK TO OBTAIN
$6,000.00 FOR THE MET THEATRE FROM THE GOVERNOR’S COMMUNITY PARTNERSHIP GRANT
TO PURCHASE STAGE FLOORING AND A MAN LIFT.
After discussion, motion by Selin,
second by
0.
A RESOLUTION FOR THE CITY OF
A RESOLUTION
FOR THE CITY OF MORGANTOWN TO SUBMIT THE NECESSARY PAPERWORK TO OBTAIN
$11,000.00 FOR THE WILES HILL SENIOR COMMUNITY CENTER FROM THE GOVERNOR’S
COMMUNITY PARTNERSHIP GRANT TO RENOVATE THE BASEMENT.
After discussion, motion by Byrer,
second by Selin, to approve the above entitled Resolution. Motion carried 6-
0.
AN AGREEMENT BETWEEN THE CITY OF GUANAJUATO OF THE
STATE OF GUANAJUATO OF THE UNITED MEXICAN STATES AND THE CITY OF MORGANTOWN OF
THE STATE OF WEST VIRGINIA OF THE UNITED STATES OF AMERICA: The below entitled Agreement was presented for Council’s
approval:
AN AGREEMENT
BETWEEN THE CITY OF GUANAJUATO OF THE STATE OF GUANAJUATO OF THE UNITED MEXICAN
STATES AND THE CITY OF MORGANTOWN OF THE STATE OF WEST VIRGINIA OF THE UNITED
STATES OF AMERICA.
After discussion, motion by Selin,
second by Spencer, to approve the above entitled Resolution. Motion carried 6-
0.
PUBLIC PORTION:
Dave Biafora, 325 Willey Street, Metro Property Management. Mr. Biafora
expressed his displeasure for City Manager
Joe Panico, Beechurst Avenue, Mr.
Panico informed Council on the new Fire Marshall approval process for any
alterations or maintenance projects for rental properties. He expressed his
disapproval of the new process and asked Council to look into the matter. He
then gave praises to the Code Enforcement Department and complimented the job
that Building Inspector
James Guiliani, 256 Prairie Avenue, Mr.
Guiliani concurred with Mr. Panico’s comments on the new process instated by
the Fire Department, citing the example that in order to paint a wall between
tenants, there is simply too much paper work required for such a small project.
He then made complaints against Code Enforcement citations in Sunnyside, trash
pick up, and the Council’s approval of the failed service fee vote.
Michael Pinion, McClain Avenue, Mr.
Pinion stated that he feels trash pickup is a problem in Sunnyside, and
suggested 2 day a week pickup. He then questioned whether or not someday
private residences will be inspected like rental properties are. He reported
that the Fire Department and Code Enforcement inspection requirements are
different, and said there should be only one standard.
James Prete, 1136 Munsey Street, Mr.
Prete expressed his concern for the new Fire Inspection process, asking how he
could provide comfort, safety and cleanliness to his tenants who need immediate
maintenance if paperwork and a 30 day process are in place. He feels that the
Code Enforcement Officers do a good job; however each year there is something
new in violation, not mentioned to him in previous inspections. Mr. Prete
observed that day cares, nursing homes and other such facilities should have
the same safety consideration, inspections and guidelines as apartment
buildings. He concluded his comments by stating his opinion on the failed
service fee.
Dave Biafora speaking on behalf of
his brother, Rick Biafora. Mr. Biafora spoke in opposition to the new Fire
Department Inspection policies. He again stated that he feels the City is being
mismanaged despite plenty of revenue, which is not being properly used. He also
offered the input of the North Central Property Association and local business
owners who can help the City by giving suggestions and having meetings.
Greg Methaney, Cambridge Avenue, Mr.
Methaney clarified that the Fire Marshalls already have jurisdiction over
buildings that are 3 units or more. He explained that these new Inspection
policies could push the landlords to break down their units and find ways to
circumvent the policies. This could create an unsafe scenario because smaller
units would not fall under the jurisdiction for fire inspections. He concluded
by informing Council that on Walnut Street 15 office employees are being cited
for garbage caused by bars that ends up in front of their office. He asked for
better street cleaning to avoid this problem.
Ann Cummings 24 Lincoln Avenue, Morgantown
Tree Board. Mrs. Cummings offered praise to Council despite the disapproval of
other speakers during this public portion. She discussed the benefits of trees
in the community; which she stated reduce run off and ease the burden on stormwater
systems, reduce energy use by providing shade over homes. She adds that the aesthetic pleasure of tress
on retail streets increases revenue. Mrs. Cummings requested that council
support Community Forestry and invest in the care and purchase of more trees in
Morgantown.
Brent Bailey, 901 Fairfax,
Morgantown Tree Board. Mr. Bailey agreed with Mrs. Cummings on the value of
trees in the community, and thanked Councilor Spencer and Assistant City
Manager
Daniel Brown 2927 Ridgedale Road, Vice
Chairman of Urban Forestry Council. Mr. Brown concurred with the avocation of
and request for more trees in Morgantown as stated by Mrs. Cummings and Mr.
Bailey.
Jonathan Cummings, 24 Lincoln Avenue,
Mr. Cummings offered his thanks to Council for the support of the Morgantown
Tree Board and all their endeavors. He stated that trees bring value to the
community and are vital to improving the quality of life for residents. He also
informed Council that grant funds are available to the City for the appointment
of a position of Urban Forester.
Chris Gluck, 317 Laurel Street,
Suncrest Neighborhood Association met and discussed a new Day Care facility in
the neighborhood. He stated that this Day Care would be a great benefit to
residents of the 4th Ward of the City but expressed concerns for the
actual location of the facility.
Mayor
After discussion, motion by
SPECIAL COMMITTEE REPORTS: None
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
Congressman Mollohan has announced that $282,000 in
Department of
NEW BUSINESS:
Item No 1:
Attached you will find a proposed contract with
Wagner Electric Sign Company to create the new marquee for the Met
Theatre. The contract amount is $129,890
plus applicable taxes. The architect for
the project has informed the City that this is the only firm in the country
that specializes in this type of project and in fact, the company has already
produced shop drawings for the marquee when the building was owned by the Met
Foundation. Based upon this set of
circumstances, I recommend that the contract be awarded to Wagner Electric Sign
Company and be funded from the Capital Escrow Account.
Motion
by Selin, second by Spencer, to award the contract for the new marquee for the
Met Theatre to Wagner Electric Sign Company for $129, 890. Motion carried 6-0.
Item No 2:
The second attachment makes a very generous offer to
the City of Morgantown concerning the vacant Air Force Reserve Building at the
City
Motion
by Selin, second by
Item No 3:
The third attachment is a memo from the City’s
Motion
by Spencer, second by Bane, to award the contract for the Runway ILS at the
CITY
CLERK'S REPORT:
Thanked all who participated in the
City of Morgantown Blood Drive on February 1, 2008.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS: (Reverse Roll Call).
Councilor
Spencer: Councilor
Spencer thanked the Council for their support of the Service Fee. He then
concluded his report by requesting a ‘No Left Turn’ sign at the intersection of
Kirk and High Streets due to traffic where the new Post Office is located.
Councilor
Byrne: Absent.
Councilor Selin: Councilor
Selin announced that Jenny Dinsmore is the new president of the Suncrest
Neighborhood Association, and mentioned that Ed Sneckenberger, VP, is doing a
great job. She added that Suncrest N.A. and the Beautification Commission are
both in favor of improving Rawley Lane as a pedestrian trail to the Middle
School. Councilor Selin suggested a regularly updated checklist of Fire
Inspection requirements. She also mentioned the Year of the Child Planning
Meeting at
Councilor Byrer: Councilor
Byrer reminded Council of the Traffic Commission meeting tomorrow night, where Hoffman
Ave. residents are encouraged to come give views on the parking situation. He
mentioned a street light that is out at the intersection of Overhill and Eureka
Streets. Councilor Byrer then discussed his thoughts on where to proceed
concerning the service fee/traffic issue. He spoke of the Neighborhood meeting at the Wiles
Hill Community Center; where constricted streets on which emergency vehicles
cannot pass were discussed. He also called
for a street survey on alleys for safety and access. Councilor Byrer showed
concern for preserving historic concrete and brick streets. He also suggested
turnabout, and requested an engineering study to improve intersection of
Protzman, Vangilder, Hoffman and Stewart Streets. Councilor Byrer inquired
about steps and a sidewalk from James to University, and a bus stop on North Street.
He concluded by describing the heavy pedestrian traffic on Falling Run Rd.
where sidewalks are needed, as well as hand rails on the steps from Raymond to
1st Street.
Councilor
Spencer then asked Councilor Byrer to present his concerns to the Pedestrian
Safety Board.
Councilor
Councilor
Bane: Councilor
Bane encouraged Dr. Simmons to become part of the Pedestrian Safety Board in
light of her valid concerns, and suggested that Mr. Johnson might be interested
too. In regard to the Service Fee; Councilor Bane clarified that he was for the
fee in general concept but wanted to make sure that we move forward and find a
better solution. He stated that everyone’s point of view on the fee was valid.
Councilor Bane also observed that policing major streets in similar fashion to football
games during high impact traffic times, 3pm to 5:30 pm could be a viable
temporary relief to road congestion.
Councilor
Selin voiced support for City Manager
Councilor
Spencer concurred with Councilor Selin’s support of City Manager
Mayor
ADJOURNMENT: There being
no further business, the meeting adjourned by unanimous consent at 9:46 p.m.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.