REGULAR MEETING OCTOBER 7, 2003:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 7, 2003, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on September 16, 2003, were approved as printed.
CORRESPONDENCE:
Mayor Justice read a proclamation for Lights on After-school and presented it to Lynn Sobolov.
Councilor Spencer read a proclamation for National Business Women's Week and presented it to Marlene Robinson.
Councilor Byrne read a proclamation for Breast Cancer Awareness Month and presented it to Ann
Pahl from Mon. County Health Department.
Councilor Miller read a proclamation for Arts and Humanities Month, Councilor Scafella read a proclamation for Municipal Government Week, and Councilor Manilla read a proclamation for Nurse-Midwifery Week.
Mayor Justice noted letters from Cindy Frich about higher education budget cuts, Michael Corrigan about the McQuain Park entrance, and Gerald Ashdown about cinders.
Mayor Justice showed the WVML All-Star Community Award and the WV Community Tourism Development Award.
Mayor Justice welcomed Kevin Smith of the Dominion Post back to Morgantown and advised of a Town Meeting with Governor Wise.
PUBLIC HEARING - REZONING A PORTION OF PARCELS 32, 33.01, 33.2, AND 34 IN SEVENTH WARD FROM R-1 TO B-1:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Mayor Justice noted correspondence against rezoning from the Suncrest Neighborhood Association and John Stasny.
Janis Gunel, 409 Dogwood Avenue, thanked Council and spoke on senior housing guarantees.
Chris Shriner, 389 Koontz Avenue, spoke about intelligent development, traffic and vagueness.
Helen Quarrick, 1288 Colonial Drive, spoke about neighborhood rights, water retention tanks and against rezoning.
Ed Sneckenberger, 521 Woodhaven Drive, quoted from the Comprehensive Plan, spoke about traffic and against rezoning.
Larry Schwab, 3333 Collins Ferry Road, spoke about traffic studies and against rezoning.
Judith Stitzel, 449 Devon Road, spoke about buffer zones, R-1A and against rezoning.
Guy Stewart, 525 Pocahontas Avenue, spoke about traffic and against rezoning.
Marge Abel, 564 Killarney Drive, spoke against rezoning.
Don Trevorrow, 512 Milford Street, spoke against rezoning and about B-1 district definitions.
Ramy Hilloowala, 1505 Woodland Drive, spoke about traffic and against rezoning.
Steven Shuman, 3BT attorney, noted that proposed property use plans have not been changed.
There being no more appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING - APPLICATION TO CREATE RIVERFRONT TIF DISTRICT:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Mayor Justice mentioned correspondence in support of the Riverfront TIF District from WVU Foundation, Main Street Morgantown, Morgantown Area Chamber of Commerce, Glenmark Holding, and Michael Corrigan.
Vince Trevelli, 324 Simpson Street, asked some questions and raised some issues about the TIF area and asked for clarity before moving ahead with a plan.
Mike Corrigan, 22 Walnut Street, spoke in favor of the District, but requested Council to define where is it going?
Bill Wonderlin, 1353 Headlee Avenue, spoke in favor of the District, but asked Council to look at the merits of alternative implementation of TIF in the Riverfront area.
Bob Glover, 5 Maple Avenue, commented that the information on the TIF is vague and more information needs to be available for the public.
Jim Gaston, 1388 Fenwick Avenue, asked to extend the District.
There being no more appearances or objections, Mayor Justice declared this public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE REZONING A PORTION OF PARCELS 32, 33.01, 33.2, AND 34 IN SEVENTH WARD FROM R-1 TO B-1: The following entitled Ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF PARCELS 32, 33.01, 33.2, AND 34 OF COUNTY TAX MAP 55, IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT BY AMENDING SECTION O13 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 discussion, motion by Scafella, second by Miller, making a minor amendment to make sure the ordinance reads Map 55 throughout the document. Motion carried 5-2. (Spencer and Bane - NO).
After discussion, motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 5-2. (Spencer and Bane - NO).
PUBLIC PORTION:
Mike Corrigan, 22 Walnut Street, spoke about the vagrancy law and requested that the City look at enforcing this law.
Don Trevorrow, 512 Milford Street, spoke about the California recall election and commented that he knows about 5 council members he would like recalled. Mr. Trevorrow asked the City Attorney how long do we have to appeal the circuit court on this decision.
Mayor Justice responded to Mr. Trevorrow that after the public portion the City Attorney can answer your question then.
City Attorney Fanok responded that it depends on what kind of action is filed.
There being no more appearances or objections, Mayor Justice declared the Public Portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne reported on the Sunnyside Up meeting and Councilor Spencer announced the Dorsey Knob Park Open House on October 25.
NEW BUSINESS:
AN ORDINANCE AMENDING SECTIONS 929.01, 929.20, 929.21, AND 929.22 AS APPLIES TO STORMWATER:. The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 929.01, 929.20, 929.21, AND 929.22 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLY TO STORMWATER MANAGEMENT AND DRAINAGE, STORMWATER DESIGN, AND PLAN SUBMISSION AND REVIEW.
Motion by acclamation to postpone above entitled Ordinance until the October 21 meeting.
AN ORDINANCE ANNULLING 115' OF A 12' WIDE UNNAMED ALLEY FROM BEVERLY AVENUE IN 4TH WARD: The following entitled Ordinance was presented for first reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A TWELVE FOOT WIDE UNNAMED ALLEY, RUNNING A DISTANCE OF APPROXIMATELY ONE HUNDRED AND FIFTEEN FEET FROM BEVERLY AVENUE TO ANOTHER UNNAMED ALLEY IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
Motion by Byrne, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING ZONING SUBSECTION 19(E)(4)(m) AS APPLIES TO NONCONFORMING PRIVATE CLUBS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SUBSECTION 19(E)(4)(m) OF THE MORGANTOWN ZONING ORDINANCE AS THE SAME APPLIES TO NONCONFORMING PRIVATE CLUBS WITHIN THE B-4 ZONING DISTRICT.
After discussion, motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING THE ANNUAL BUDGET GENERAL FUND FOR FY 2003-2004: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE FY 2003-2004 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.
After discussion, motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
A RESOLUTION ADOPTING A MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Bane, second by Manilla, to pass the above entitled Resolution. Motion carried 7-0.
A RESOLUTION TO APPLY FOR A $10,000 GRANT FOR MORGANTOWN HOSPICE: The above entitled Resolution was presented for Council's approval.
Motion by Bane, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
As per Council's direction, the staff is researching exempting BOPARC sanctioned activities and events from the proposed burning ordinance. There may be some complications in effecting this. As the issue further develops, I will keep you informed.
NEW BUSINESS:
Item No. 1:
The City has recently learned that the West Virginia National Guard and the United States Marines Reserves may be interested in constructing a new armory in the Morgantown area. To facilitate economic development at the Airport, I recommend that the City offer 25 to 35 acres of land on the east side of the runway as the site for the new facility. Given that the extension of the runway safety area will create several 50 to 75 acre benches in that area; that the Airport will also construct a new service road to that area; and that the new Guard/Reserve facility will bring utilities to that area, for the first time viable economic development opportunities of a significant scale will be possible at the Airport. If this offer is authorized by Council, considerable coordination and technical detail will have to be developed and I will keep you advised as it advances.
Motion by Bane, second by Manilla, that the City offer 25 to 35 acres of land at the Airport to the WV National Guard & United States Marines Reserves to construct a new armory in Morgantown. Motion carried 7-0.
Item No. 2:
As per discussion at the recent Committee of the Whole, I recommend that $100,000 in the Capital Escrow Account be budgeted as part of the $750,000 match to leverage a $10,000,000 grant to extend the safety area of the main runway at the Airport (will lead to a 1,100 foot extension of the runway itself (engineering should be completed within the next 60 days and construction will start next spring)). I also recommend that $107,000 from the same account be used to close Metropolitan Theatre accounts to facilitate transfer of the Theatre to the City of Morgantown.
After discussion, motion by Scafella, second by Byrne, to approve $100,000 from Capital Escrow to extend the safety area of the main runway at the Airport, and $107,000 from the same account to be used to close Metropolitan Theatre accounts to facilitate transfer of the Theatre to the City of Morgantown. Motion carried 7-0.
Item No. 3:
Attached is a proposal that has been submitted by Corporate Airlines of Smyrna, Tennessee to the U. S. Department of Transportation to establish two round trip, commercial air flights from Clarksburg and Morgantown to Ronald Reagan Washington National Airport within 90 days of approval of its request. To assure the success of this new, critically needed service, I recommend that for the first year of operation Council authorize free landing fees; free counter space in the Terminal; discounted fuel sales; and acceptance of a $20,000 grant from the State of West Virginia for marketing and advertising.
After discussion, motion by Miller, second by Scafella, to approve free landing fees, free counter space in the Terminal; discounted fuel sale; and acceptance of a $20,000 grant from the State of WV for marketing and advertising to assure the success of the proposal submitted by Corporate Airlines. Motion carried 7-0.
Item No. 4:
The second attachment is a proposal from the Hart Field Coalition to establish a 13 person Advisory Board to advise the City on all matters relating to the Morgantown Airport. I recommend that it be tabled while issues of responsibility, accountability, organization, and size are further researched.
Motioned by acclamation to table the above item until the next meeting.
Item No. 5.
The County Solid Waste Authority proposes to demolish the old incinerator on City property adjacent to Westover to make more land available for its operations. To assist this project I recommend that $5,000 be granted to the Authority from the City's demolition program to make the $15,000 project possible (the balance will be divided between the Authority and the County Commission).
Motion by Bane, second by Scafella, that $5,000 be granted to the County Solid Waste Authority to demolish the old incinerator to make more land available for its operations. Motion carried 7-0.
Item No 6:
The third attachment is an agreement to construct a sidewalk and paved area adjacent to the Radisson and donate it to the City. Based upon the merits of the project, I recommend that it be approved
Motion by Scafella, second by Spencer, to approve the agreement to construct a sidewalk and paved are adjacent to the Radisson and donate it to the City. Motion carried 7-0.
Item No 7:
The fourth attachment reports bid results for salt. I concur with the Public Works Director's findings and recommend that the contract be awarded to the low bidder Cargil Salt for a unit price of $40.22 per ton (an increase of 11% from last year).
Motion by Scafella, second by Miller to award the contract for salt to Cargil Salt for a unit price of $40.22 Motion carried 7-0.
Item No 8:
The fifth attachment is a request from the United Way Volunteer Action Center for $500 to support Martin Luther King Day special projects. Based upon the successes of previous programs, I recommend that the request be granted.
Motion by Bane, second by Scafella, to approve the request of $500 to support Martin Luther King Day special projects. Motion carried 7-0.
Item No 9:
The sixth attachment describes a Notice of Intent for MUB to submit five FEMA Hazard Mitigation Grants to acquire properties in the City most susceptible to flooding. I agree with MUB's reasoning and recommend that the applications be authorized (all acquisitions will be on a voluntary basis).
The rules were suspended to allow Tim Ball of MUB to clarify the applications. After discussion, motion by Byrne, second by Miller, to authorize the FEMA applications. Motion carried 7-0.
Item No 10:
The last attachment is a memo from the City Finance Officer recommending that the City forward a letter of preference to the State Auditor's Office for Tetrick and Bartlett to conduct the City's financial audit for fiscal years 2003 and 2004.
Motion by Bane, second by Byrne, to approve that the City Finance Director forward a letter of preference to the State Auditor's Office for Tetrick and Bartlett to conduct City's financial audit for 2003-2004. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
By acclamation, due to time constraints, Councilors' reports were postponed to the next meeting.
Mayor Justice noted Bill Rice's letter about storm water regulations and listed future meetings and events.
Councilor Spencer requested the Riverfront TIF and use of Council Chamber space be on the COW agenda.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 11:00 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.