REGULAR MEETING OCTOBER 2, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 2, 2007, at 7:30P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Charlie Byrer, Bill Byrne, Don Spencer. Jenny Selin absent.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on September 18, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice mentioned Councilor Selin is in San Antonio representing Morgantown. Mayor Justice presented proclamations for Energy Star, Breast Cancer Awareness Month, and National Disability Employment Awareness Month. Sheila Saab spoke about Pace Tec. Mayor Justice noted the Sister City report will be part of Municipal Government Week.
PUBLIC HEARING - AN ORDINANCE TO CORRECT ERRORS IN THE OFFICIAL ZONING MAP BY RECLASSIFYING 21 PARCELS AND REZONING ONE PARCEL FROM R-3 TO PUD IN THIRD WARD:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced ordinance.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE TO CORRECT ERRORS IN THE OFFICIAL ZONING MAP BY RECLASSIFYING 21 PARCELS AND REZONING ONE PARCEL FROM R-3 TO PUD IN THIRD WARD: The below entitled Ordinance was presented for second reading:
AN ORDINANCE TO CORRECT ERRORS IN THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN BY RECLASSIFYING TWENTY-ONE PARCELS IN THE THIRD WARD TO THEIR RESPECTIVE ZONING DESIGNATION OF RECORD PRIOR TO THE JANUARY 3, 2006 ZONING MAP AMENDMENT AND TO REZONE ONE PARCEL IN THE THIRD WARD FROM R-3 TO PUD AS IT RELATES TO THE SQUARE AT FALLING RUN PUD AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
After discussion, motion by Manilla, second by Spencer, to adopt the above entitled ordinance. Motion carried 6-0. Selin Absent.
BOARDS AND COMMISSIONS:
By acclamation, Marlene Robinson was reappointed to the Building Commission.
PUBLIC PORTION:
Sheila Saab, Pace Tec, spoke of the buildings at Mylan Park and thanked everyone for their support.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Spencer announced the first meeting of the Pedestrian Safety Board.
NEW BUSINESS:
AN ORDINANCE AMENDING SOLID WASTE RULES FOR CERTAIN AREAS FOR CONTAINERS , RATES AND PAYMENT FOR SERVICES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 1139.01, 1139.04, 1139.05, 1139.08 1139.09, 1139.11, 1139.12, 1139.15 AND 1139.16 OF THE CITY OF MORGANTOWN’S HEALTH AND SANITATION CODE AS THE SAME APPLIES TO DEFINITIONS, TRASH AND SOLID WASTE CONTAINERS, STORAGE OR SOLID WASTE AND RECYCLABLES, LITTERING AND PERMITTING PREMISES TO BECOME UNSANITARY OR HAZARDOUS, STORAGE OR SOLID WASTE, RULES FOR CERTAIN DESIGNATED AREAS, ACCESSIBILITY OF SOLID WASTE AND RECYCLING CONTAINERS, RATES, AND PAYMENT FOR SERVICES.
Motion by Spencer, second by Bane, to pass the above entitled Ordinance to second reading. Amendment by Spencer, second by Byrne, to add to 1139.16: “and each person operating a business establishment”, “processing”, “or business establishment”, and “Any person found guilty of violating this section shall be fined a minium of $150 but not more than five hundred dollars ($500). Motion carried 6-0. After explanation by the City Manager and City Attorney and discussion, amendment by Spencer to change 1139.08 was deferred. Amendment by Byrne, second by Bane, to add a New Section: 1139.13 Improper Disposal. Motion carried 6-0. Amendment by Byrne, second by Spencer, to change 2 to 1 in 1139.01(m). Motion carried 6-0. Main motion carried 6-0. Selin Absent.
AN ORDINANCE AMENDING PLANNING AND ZONING CODE CORRECTING TYPOGRAPHIC ERRORS FOR RESTAURANT USES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING TABLE 1331.05.01 “PERMITTED LAND USE” AND ARTICLE 1331.06 “SUPPLEMENTAL REGULATIONS” OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CORRECTING TYPOGRAPHIC ERRORS WITHIN THE JANUARY 2, 2006 AMENDMENT THAT CREATED UNINTENDED POLICY CONSEQUENCES FOR RESTAURANT USES OF ANY TYPE.
After explanation by the City Manager, motion by Manilla, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Selin Absent.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR ANNEXED REALTY AND CLASSIFYING IT AS B-2 SERVICE BUSINESS DISTRICT: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN FOR CERTAIN REALTY ANNEXED INTO THE CITY BY RESOLUTION ON JULY 2, 2007 AND CLASSIFYING SAME AS B-2 SERVICE BUSINESS DISTRICT AS SHOWN ON EXHIBIT “A” HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
After a description by the City Manager, motion by Byrne, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Selin Absent.
AN ORDINANCE AMENDING THE GENERAL OFFENSES CODE BY ADDING SECTION 533.10 PAYING FOR VEHICULAR FUEL: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN BY ADDING A NEW SECTION 533.10 WHICH ADDRESSES THE CRIME OF FAILING TO PAY FOR VEHICULAR FUEL.
After the City Manager’s explanation and discussion, motion by Manilla, second by Byrer, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Selin Absent.
AN ORDINANCE AMENDING SECTION 941.04 BY PROHIBITING THE FEEDING OF WILDLIFE UPON PROPERTIES CONTROLLED BY BOPARC: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 941.04 OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF MORGANTOWN BY PROHIBITING THE FEEDING OF WILDLIFE UPON PROPERTIES AND FACILITIES CONTROLLED OR UNDER THE JURISDICTION OF THE BOARD OF PARK AND RECREATION COMMISSIONERS OF MORGANTOWN.
After discussion, motion by Spencer, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Selin Absent.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
In researching WV Code Chapter 8-1-5a creating the Municipal Home Rule Pilot Program, there appears to be several technical issues that should probably be addressed by the State Legislature to effectively implement the program. Toward this end, City staff will work with the local State Delegation, the Municipal League, and other pertinent offices to effect the changes.
NEW BUSINESS:
Item No. 1:
Attached you will find a memo from the Public Works Director reporting the bid results for speed humps in City parks and the Evansdale neighborhood. I agree with her comments and recommend that the project be awarded to the only bidder Dodd General Contractors for a price of $49,898.62.
After discussion, motion by Byrne, second by Manilla, to approve Dodd Contractors to do the work for $49,898. Motion carried 6-0. Selin Absent.
Item No. 2:
The second attachment is an e-mail from the Historic Landmarks Commission requesting $4,000 to support a $10,000 historic resource survey and nomination for the First Ward of the City. Based upon the merits of this proposal, I recommend that it be approved.
Motion by Byrer, second by Bane, that $4,000 be granted to Historic Landmarks for the study. Motion carried 6-0. Selin Absent.
Item No.3:
The last attachment is a memo from Alpha Associates reporting bid results for the Terminal Renovation Project at the City Airport. I agree with the points made and recommend that the contract be awarded to the low bidder Lombardi Development Co. for $326,374.
Motion by Bane, second by Spencer, to move for approval. Motion carried 6-0. Selin Absent.
CITY CLERK'S REPORT:
City Clerk Little said Councilor Selin reported that the National Summit on Your City’s Family has been very educational and successful.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer discussed behavior problems on N. High Street; spoke of Blvd. and University Avenue street lighting; requested site plan review alternative for less than minimum lots; asked that the County and City develop a GIS system; and commended WVU for new recycling program.
Councilor Byrne: Councilor Byrne argued more work on solid waste is needed; spoke of annual solid waste billing problems; reiterated upper High Street behavior problems and suggested involving Denny Poluga.
Councilor Selin: Absent.
Councilor Byrer: Councilor Byrer asked about traffic flow during construction and declared that parking on both sides of Hoffman and other streets is a service and safety issue.
City Manager Boroff answered that we try to publicize ahead of time, any detours are well marked, try to minimize the disruption, and complete the project quickly.
Councilor Manilla: Councilor Manilla noted a light out on the South Park bridge and the last B-4NPOD workshop; commented on upper High Street behavior and the police presence; and that the annual solid waste billing was prorated.
Councilor Bane: Councilor Bane asked that the City Engineer check out how things are put back after utility work; he saw two junior high girls in a fight downtown and the immediate police response; light on Beechurst is being replaced; and discussed manufactured housing and meeting all the codes.
Mayor Justice: Mayor Justice spoke about expanding recycling.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:30 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.