REGULAR MEETING OCTOBER 3, 2006:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 3, 2006, at 7:30 P.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, Frank Scafella, Bill Byrne, Don Spencer. Teresa Miller Absent.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special and regular meetings on September 19, 2006, were approved as printed.
CORRESPONDENCE:
Mayor Justice recognized Patrick & Julie Kirby for their community contributions; mentioned a Sister City e-mail; proclamation; listed future meetings; and thanked Mr. Birurakis for help with Heritage Weekend. Dr. Cathy Yura introduced students to speak of Suicide Prevention Week.
PUBLIC HEARING - AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION PERTAINING TO ANIMAL CONTROL SERVICES:
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 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION FOR ANIMAL CONTROL SERVICES: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY COMMISSION, PERTAINING TO ANIMAL CONTROL SERVICES TO BE PROVIDED BY THE COUNTY TO THE CITY.
Motion by Scafella, second by Manilla, to adopt the above entitled Ordinance. Motion carried 6-0. (Miller Absent.)
BOARDS AND COMMISSIONS:
By acclamation, Neva Gocke was appointed to the Beautification Commission.
PUBLIC PORTION:
Louis Birurakis, 435 Cobun Avenue, spoke of Popenoe Run sewer and right-of-way problems.
Bill Kawecki, SPAN President, requested a moratorium on the new zoning ordinance until further review can be done.
James Giuliani, 256 Prairie Avenue, addressed Main Street board representation and meetings, B-1 District uses, and WVU involvement in revising the Comprehensive Plan.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
City Manager Boroff clarified the proposed ordinance to clearly define height and stories for zoning.
SPECIAL COMMITTEE REPORTS:
Mayor Justice read the MPO e-mail from Chet Parsons and Councilor Spencer spoke of the MPO presentation and some concepts. Discussion ensued among Councilmembers.
NEW BUSINESS:
AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE WV ARMY NATIONAL GUARD TO TRANSFER REALTY TO CONSTRUCT A READINESS CENTER AT THE AIRPORT: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE WEST VIRGINIA ARMY NATIONAL GUARD REGARDING THE TRANSFER OF REALTY BY EACH TO THE OTHER, AS PART OF THE NATIONAL GUARD’S PLANS TO CONSTRUCT A READINESS CENTER ON THE GROUNDS OF THE MORGANTOWN MUNICIPAL AIRPORT.
After the City Manager’s explanation, motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 6-0. (Miller Absent.)
AN ORDINANCE REZONING 11 PARCELS IN THE FOURTH WARD FROM (B-1) NEIGHBORHOOD BUSINESS DISTRICT TO (R-3) MULTI-FAMILY RESIDENCES DISTRICT: The below entitled Ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF PARCELS 149, 150, 151, 152, 153, 154, 155, 155.01, A PORTION OF 156, 116, AND 116.01 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM (B-1) NEIGHBORHOOD BUSINESS DISTRICT TO (R-3) MULTI-FAMILY RESIDENCES DISTRICT BY AMENDING ARTICLE 300 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN 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 explanation by the City Manager and suspension of the rules for the City Planner to answer questions, motion by Spencer, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 6-0. (Miller Absent.)
AN ORDINANCE REZONING 7 PARCELS IN THE FIFTH WARD FROM (R-1A) SINGLE-FAMILY RESIDENCES DISTRICT TO (R-2) SINGLE AND TWO-FAMILY RESIDENCES DISTRICT: The below entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF PARCELS 455 AND 456 OF TAX MAP 20 AND PARCELS 492, 478, 479, A PORTION OF 490.01, AND 491 OF TAX MAP 14 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENCES DISTRICT TO (R-2) SINGLE-FAMILY AND TWO-FAMILY RESIDENCES DISTRICT BY AMENDING ARTICLE 300 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN 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 the City Manager’s explanation and discussion, motion by Scafella, second by Spencer, to deny the above entitled Ordinance. Motion carried 6-0. (Miller Absent.)
The request made of the City Planner to explain the rationale for height and story clarification opened discussion among Councilmembers..
CONSIDERATION OF APPROVAL OF A RESOLUTION PROMOTING A GREEN BUILDING MUNICIPAL INITIATIVE: The above entitled Resolution was presented for Council’s approval.
Motion by Scafella, second by Bane, to approve the above entitled Resolution. Motion carried 6-0. (Miller Absent.)
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1
Attached you will find a letter from the City Planner reporting that the Planning Commission has approved a PUD Development Plan submission extension for the Square at Falling Run Project as per the dates noted. Currently, the Development Plan for Phase I as presented at a recent Council meeting is being reviewed.
Item No. 2:
As directed, I recently met with Downtown truck interests to discuss alternate routes in the area. At the meeting it was agreed that the City and other concerns would pursue higher weight limits for the Greenbag Road to serve as a Business By Pass for the Downtown. At this time, there are no other viable courses of action.
NEW BUSINESS:
Item No. 1:
MUB has made arrangements to have the new water tower at the Airport painted as per FAA rules and regulations. As part of the project, there is the opportunity to paint “Morgantown WV” across the side of the tower facing the Mileground for a cost of $4,200. Given the visibility of this project, I recommend that it be approved and be funded from the Capital Escrow Account.
After discussion, motion by Bane, second by Manilla, to use $4,200 to paint “Morgantown WV”on the water tower. Motion carried 6-0. (Miller Absent.)
Item No. 2:
As a BOPARC project, the restoration of the Wiles Hill School has significantly advanced in a relatively short time. The project has been awarded Federal and State grants and a number of volunteers have worked hard to realize the progress to date. Recently though, the Community Visions Foundation has agreed to conduct a special fund raising campaign for the next phase of work. To support that campaign, I recommend that Council use Capital Escrow funds to match all funds raised for the School up to a maximum match of $150,000. With such a match pledged, it is possible that $300,000 could be made available for the project.
After discussion, motion by Scafella, second by Byrne, to approve this initiative. Motion carried 6-0. (Miller Absent.)
Item No. 3:
The second attachment is a memo from the Public Works Director reporting bid results for several vehicles. Based upon her comments and the funds available, I recommend that the contracts be awarded to the low bidders Matheny Buick and GMC for two ½ ton 4 X 4 Pickup trucks for $46,478; Matheny Buick & GMC for a 4 X 4 Dump Truck for $45,926; and Jefferds Corp. for a Skid Steer Loader (with trade-in) for $10,714.
Motion by Scafella, second by Byrne, to accept the bids as presented. Motion carried 6-0. (Miller Absent.)
Item No. 4:
The third attachment is a memo discussed at the recent Committee of the Whole. As per the economic benefits being generated by the project, I recommend that the request for B & O construction taxes generated by the Bodner development be invested in public improvements to support the project and the redevelopment of Sunnyside. If granted, the approval should be conditioned upon the engineering studies noted in the memo.
After discussion, motion by Byrne, second by Spencer, to authorize the use of B & O taxes to invest in the infrastructure necessary to make that project viable. Motion carried 6-0. (Miller Absent.)
Item No 5:
The last attachment is a memo from the Assistant City Manager reporting a cost overrun on the High Street tree planting project. I agree with his comments and recommend an additional $2,543 be made available from the Capital Escrow Account to fund the project.
Motion by Scafella, second by Byrne, to appropriate the additional $2,543 for trees. Motion carried 6-0. (Miller Absent.)
CITY CLERK'S REPORT:
City Clerk Little read the WV Governor’s Highway Safety Program Award.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane advised of housing cost article in State Journal, requested Garrison on paving list, and commended police response to congestion on E. Parkway.
Councilor Manilla: Councilor Manilla spoke of traffic signal problems outside city and Mountain Line’s Park & Ride pilot project.
Councilor Scafella: Councilor Scafella advised neighborhood associations how to address zoning ordinance concerns instead of requesting a moratorium.
Councilor Miller: Absent.
Councilor Byrne: Councilor Byrne requested a monthly report from the Planner to Sunnyside Up on area development; asked the City to develop economic incentives for employees to purchase homes in particular areas in conjunction with the Neighborhood Preservation Project; and for John Raese to help with an economic solution for the truck issue.
Councilor Spencer: No Report.
Mayor Justice: Mayor Justice confirmed the Music and the Met exhibit; advised that deed restrictions are common and can be enforced if not discriminatory; and noted the Housing program is turning over houses and reinvesting.
City Attorney Fanok agreed and added that subdivision associations have restrictive covenants: what you can do and can’t do on your property.
EXECUTIVE SESSION:
Motion by Byrne, second by Bane, to go into an executive session pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters and to discuss legal matters under attorney client privilege with the following persons present: Mayor Ron Justice, Council Members, City Attorney and City Manager. Time 9:26 p.m.
REGULAR SESSION:
Council by unanimous consent went back into Regular Session at 10:25 p.m. Motion by Scafella, second by Byrne, to appoint Frances Toro to serve on the BOPARC Board to replace Denver Allen. Motion carried 6-0. (Miller Absent.)
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:26 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.