REGULAR MEETING NOVEMBER 6, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, November 6, 2007, 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, Bill Byrne, Jenny Selin, and Don Spencer. Charlie Byrer Absent.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on November 6, 2007, were approved as printed.
CORRESPONDENCE:
No Correspondence.
PUBLIC HEARING -AN ORDINANCE AMENDING SOLID WASTE RULES FOR CERTAIN AREAS FOR CONTAINER , RATES AND PAYMENT FOR 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.
PUBLIC HEARING -AN ORDINANCE AMENDING PLANNING AND ZONING CODE CORRECTING TYPOGRAPHIC ERRORS FOR RESTAURANT USES:
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.
PUBLIC HEARING -AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR ANNEXED REALTY AND CLASSIFYING IT AS B-2 SERVICE BUSINESS DISTRICT:
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.
PUBLIC HEARING -AN ORDINANCE AMENDING 1349( B-4 GENERAL BUSINESS DISTRICT) OF THE PLANNING & ZONING CODE:
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.
PUBLIC HEARING -AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY & COUNTY FOR 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.
PUBLIC HEARING -AN ORDINANCE APPROVING REPLACEMENT PAGES TO CITY CODE:
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.
PUBLIC HEARING -AN ORDINANCE REPEALING SECTION 533.09 WHICH APPLIES TO UNAUTHORIZED USE OF DUMPSTERS:
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 AMENDING SOLID WASTE RULES FOR CERTAIN AREAS FOR CONTAINER , RATES AND PAYMENT FOR SERVICES: The below entitled Ordinance was presented for second 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 adopt the above entitled ordinance Councilor Manilla presented a Minor amendment to 1139.01, second by Bane Motion carried 6-0 Councilor Byrer Absent. Councilor Spencer presented a minor amendment to 1139.08 second by Byrne. Motion carried 6-0.Councilor Byrer Absent. Councilor Spencer presented another amendment to 1139.16, second by Manilla. Motion carried 6-0.Councilor Byrer Absent.
Vote was taken on main motion. Motion carried with amendments 6-0. Councilor Byrer Absent
AN ORDINANCE AMENDING PLANNING AND ZONING CODE CORRECTING TYPOGRAPHIC ERRORS FOR RESTAURANT USES: The below entitled Ordinance was presented for second 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 discussion, motion by Bane, second by Manilla, to adopt the above entitled ordinance. Motion carried 6-0. Charlie Byrer 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 second 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.
Motion by Bane, second by Manilla, to adopt the above entitled ordinance. Motion carried 6-0. Charlie Byrer Absent.
AN ORDINANCE AMENDING 1349( B-4 GENERAL BUSINESS DISTRICT) OF THE PLANNING & ZONING CODE: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1349 “B-4, GENERAL BUSINESS DISTRICT”; ARTICLE 1351 “PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL BUSINESS (B-4) DISTRICT”; AND TABLE 1365.10.01 “REQUIRED LOADING SPACES”; AND, “APPENDIX A: DEVELOPMENT STANDARDS TABLE” OF THE PLANNING & ZONING CODE.
After discussion, motion by Manilla, second by Byrne, to adopt the above entitled ordinance. Motion carried 6-0. Charlie Byrer Absent.
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY & COUNTY 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 MONONGALIA COUNTY COMMISSION AS THE SAME APPLIES TO CERTAIN ANIMAL CONTROL SERVICES TO BE PROVIDED BY THE COUNTY TO THE CITY.
Motion by Selin, second by Bane, to adopt the above entitled ordinance. Motion carried 6-0. Charlie Byrer Absent.
AN ORDINANCE APPROVING REPLACEMENT PAGES TO CITY CODE: The below entitled Ordinance was presented for second reading:
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.
After discussion, motion by Byrne, second by Bane, to adopt the above entitled ordinance. Motion carried
6-0. Charlie Byrer Absent.
AN ORDINANCE REPEALING SECTION 533.09 WHICH APPLIES TO UNAUTHORIZED USE
OF DUMPSTERS: The below entitled Ordinance was presented for second reading:
AN ORDINANCE REPEALING SECTION 533.09 OF THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO UNAUTHORIZED USE OF DUMPSTERS.
Motion by Byrne, second by Manilla to adopt the above entitled ordinance. Motion carried 6-0. Charlie Byrer Absent.
BOARDS AND COMMISSIONS:
By acclamation, Julie Lattanzi was appointed to the Beautification Commission, Loulie Canaday reappointed to the Library Board, & Barbara Rasmussen & Larry Sypolt to the Historic Landmarks Commission.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne gave an update on the Sunnyside-Up cleanup.
NEW BUSINESS:
AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY FROM MCCOY 6 IN THE FOURTH WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM MCCOY 6 APARTMENTS LIMITED LIABILITY COMPANY; SAID REALTY CONSISTING OF PARCEL 410 ON MONONGALIA COUNTY TAX MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN AND PARCELS 524, 525, 526, 529 AND 530 ON MONONGALIA COUNTY TAX MAP 20 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN.
After discussion, motion by Bane, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Charlie Byrer Absent.
AN ORDINANCE AUTHORIZING THE CITY TO DEED PARCELS OF REAL ESTATE IN 4TH & 5TH WARDS TO THE BUILDING COMMISSION: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS OF REAL ESTATE, OWNED BY IT AND LOCATED IN THE FOURTH AND FIFTH WARDS OF THE CITY, TO THE MORGANTOWN BUILDING COMMISSION.
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. Charlie Byrer Absent.
AN ORDINANCE AMENDING SECTION 363.08(d) OF THE TRAFFIC CODE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 363.08(d) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN AS IT PERTAINS TO FINES FOR OVERTIME PARKING AT TWO-HOUR PARKING METERS.
After discussion and questions answered by Tom Arnold ,motion by Bane, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Charlie Byrer Absent.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No 1:
Attached is a letter from the Superintendent of Monongalia County Schools requesting that the B & O Construction taxes generated by the Morgantown High School contract be reinvested in the project (taxes estimated to be $120,000). The Superintendent assures that the funds will be used for public improvements at the site (Prairie Ave, sidewalks, lighting, related activities). Based upon the merits of this important project, I recommend that the request be granted.
After discussion, motion by Byrne, second by Bane, that the B&O taxes generated by Morgantown High construction be reinvested in the project.. Motion carried. 6-0. Charlie Byrer Absent.
Item No 2:
The second attachment is a memo from the Public Works Director describing an improvement to the High Street Streetscape Project. I agree with her comments and recommend that the $3,200 sidewalk improvement at the intersection of High and Fayette Streets be authorized.
Motion by Byrne, second by Spencer, that the High Street Streetscape Project improve the intersection of High and Fayette for $3,200. Motion carried. 6-0. Charlie Byrer Absent.
Item No 3:
As discussed at the recent Committee of the Whole Meeting, the Boys and Girls Club in Morgantown provides significant public benefits for the area. Regrettably though because of recent Federal Grant reductions, the scope of the organization’s services may be severely reduced. Private sector challenge grants however may help to reverse this situation. As requested by Council, the organization reports that $15,000 is necessary to assure that the private sector grants are realized.
After discussion, motion by Manilla, second by Selin, to match the Boys and Girls Club of $15,000. Motion carried. 6-0. Charlie Byrer Absent.
Item No 4:
The last attachment is a memo from the Public Works Director reporting private sector interest in a City owned lot on Pennsylvania Avenue. Given no feasible public use for the property, I agree with her comments and recommend that it be sold at public auction with a minimum bid of $15,000.
Motion by Spencer not to approve, second by Byrne, after discussion and a 3-3 deadlock vote. Councilor Byrer Absent. Mayor Justice suggested Boroff get more information from the property owner and report back to Council.
Item No. 5:
Request from VFW $1,000 for the Parade Celebration on Veterans Day. I recommend with the problems the Veterans had last year this be approved. Motion carried 6-0. Charlie Byrer Absent.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane thanked the City Manager/Public Works for man-hole cover and repairs on Wagner Road. Councilor Bane commented on the memo from the Planner that the total of beds in Sunny-side is 249 beds and is concerned about over development.
Councilor Manilla: Councilor Manilla commented on Sunny-side Up and the study MUB was suppose to be doing concerning water storage/sewer water, would like to have a timetable of when that study will be done.
Councilor Byrer: Absent.
Councilor Selin: Councilor Selin reported that on October 22 there was an Evansdale NH Meeting with residents and City Police, Mayor, and Administrators, very successful and will continue meetings.
October 29 a Child Care Task Force Meeting was held and with Council’s cooperation will bring to COW a City Platform form NLC and bring up in Dec for action.
Councilor Byrne: Councilor Byrne congratulated the North Central WV for Independent Living for receiving the first ever grant for Fair Housing and that the Fair Housing now will become part of the ICC code to insure people are conforming with this law. Councilor Byrne responded to Councilor Bane on the Sunny-side Up is to bring more beds to the area and less traffic to the area to make the area transit friendly area.
Councilor Spencer: Councilor Spencer that he is grateful to Public Works that the work on the Collins Ferry sidewalk is done. Councilor Spencer mentioned the service fee vote and hope we can record concerns and bring to the educational committee. Councilor Spencer
addressed that there seems to be some confusion between governments and WVU and that we do not work together, not true, we are one, WVU, County Commission, and City. Councilor Spencer commented we take pride in the fact that all of these entities work together to make a better community.
Mayor Justice: Mayor Justice advised that on December 4, 2007 Steve Lacagnin would like to make a presentation at 7pm. Mayor Justice requested that the Public Works Director take a look at the Mark Furfari issue where when it rains it runs into those businesses. Mayor Justice mentioned due to scheduling problems with Councils concurrence can we have the COW on November 28th, 2007. By acclamation COW will be on 11-28-07.
EXECUTIVE SESSION:
Motion by Manilla, second by Bane, to go into an executive session pursuant to Section 6-9A-4 of the West Virginia Code in order to discuss legal matters under attorney/client privilege with the following persons present: Mayor Ron Justice, City Manager, Assistant to the City Manager and Council Members. Time 8:50 p.m.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:14 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.