REGULAR MEETING NOVEMBER 8, 2006:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Wednesday, November 8, 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. Teresa Miller, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on October 17, 2006, were approved as printed.
CORRESPONDENCE:
Mayor Justice welcomed the journalism class and Boy Scout Troop 74 and noted the Energy Star and Christian Heritage Week proclamations. Councilor Manilla read the Brockway Avenue pedestrian petition and defined the next steps. Ella Belling and Terry Jones of the MRTC presented a National Recreational Trails Award to Councilor Manilla as Council’s representative.
PUBLIC HEARING - AN ORDINANCE REZONING 11 PARCELS IN THE 4TH WARD FROM B-1 TO R-3:
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 ZONING ORDINANCE TO CORRECT MINOR ERRORS IN THE JANUARY 2, 2006 AMENDMENT:
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 GRANTING AN EASEMENT TO VERIZON AT THE AIRPORT FOR COMMUNICATIONS EQUIPMENT:
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 TO APPROVE CURRENT REPLACEMENT PAGES TO THE 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.
UNFINISHED BUSINESS:
AN ORDINANCE REZONING 11 PARCELS IN THE 4TH WARD FROM B-1 TO R-3: 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, motion by Scafella, second by Miller, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CORRECT MINOR ERRORS IN THE JANUARY 2, 2006 AMENDMENT: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTIONS AND SUBSECTIONS 300.05 (TABLE 300.05.01), 333, 402.07, AND 403 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CORRECTING MINOR ERRORS IN THE JANUARY 2, 2006 AMENDMENT.
After an update by the City Manager, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE GRANTING AN EASEMENT TO VERIZON AT THE AIRPORT FOR COMMUNICATIONS EQUIPMENT: The below entitled Ordinance was presented for second reading:
AN ORDINANCE APPROVING THE CITY OF MORGANTOWN GRANTING AN EASEMENT TO VERIZON WEST VIRGINIA, INC; SAID EASEMENT BEING BETWEEN TWO STRUCTURES LOCATED UPON THE MORGANTOWN MUNICIPAL AIRPORT FOR THE PURPOSE OF VERIZON INSTALLING AND MAINTAINING COMMUNICATIONS EQUIPMENT TO BE UTILIZED AT THE AIRPORT.
After explanation by the City Manager, motion by Byrne, second by Manilla, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The below entitled Ordinance was presented for second reading:
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.
Motion by Spencer, second by Manilla, to adopt the above entitled Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Jim Rockis was reappointed to the Board of Zoning Appeals; Jenny Dinsmore and Bob Roberts were reappointed to the Transit Authority; Ashley Hardesty was appointed to the Fire Civil Service Commission.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
No Reports.
NEW BUSINESS:
A RESOLUTION AND AN ORDINANCE : The below entitled Ordinance was presented for first reading:
A RESOLUTION AND AN ORDINANCE. AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $2,750,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (FALLING RUN REDEVELOPMENT PROJECT NO.1). SERIES 2006 B, OF THE CITY OF MORGANTOWN TO FINANCE COSTS OF ACQUISITION OF LAND AND DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF INFRASTRUCTURE IMPROVEMENTS RELATED TO A MULTI-LEVEL PARKING GARAGE AND ALL NECESSARY APPURTENANCES AND RELATED FACILITIES, AND OTHER EXPENSES AND COSTS RELATED THERETO AND TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, AND A DEVELOPMENT AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, AGREEMENTS AND CERTIFICATES; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING PARAMETERS FOR THE PRINCIPAL AMOUNTS, PROVISIONS FOR REDEMPTION, MATURITIES, INTEREST RATES AND OTHER TERMS OF SUCH BONDS; AUTHORIZING THE CITY MANAGER TO APPROVE A CERTIFICATE OF DETERMINATIONS RELATING TO THE FINAL TERMS OF THE BONDS; APPOINTING A TRUSTEE, REGISTRAR, AUTHENTICATING AGENT, PAYING AGENT AND OTHER PARTICIPANTS IN THE FINANCING; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS RELATING TO THE PROJECT AND ISSUANCE OF SUCH BONDS.
After discussion, Vince Collins’ explanation and the City Manager’s clarifications, motion by Scafella, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH THE MORGANTOWN UTILITY BOARD FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UTILITY LINES IN THE FIFTH WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY AND EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, GRANTOR, AND THE MORGANTOWN UTILITY BOARD, GRANTEE, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UTILITY LINES UNDER AND THROUGH CITY OWNED REALTY LOCATED IN THE FIFTH WARD TAX DISTRICT OF THE CITY OF MORGANTOWN.
After the City Manager’s explanation, motion by Miller, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE INCREASING THE FIRE PROTECTION SERVICE FEE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 747.02(a) OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN BY INCREASING THE FIRE PROTECTION SERVICE FEE.
After the City Manager’s explanation and discussion, motion by Byrne, second by Spencer, to approve the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING ZONING TABLE 133.05.01 BY CORRECTING REFERENCING ERRORS AND REMOVING “TAVERN” FROM PERMITTED CONDITIONAL USE IN R-3 DISTRICTS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING TABLE 1331.05.01 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CORRECTING REFERENCING ERRORS TO SUPPLEMENTAL REGULATIONS AND REMOVING “TAVERN” AS A PERMITTED CONDITIONAL USE IN THE R-3 MULTI-FAMILY RESIDENTIAL DISTRICT.
After the City Manager’s explanation, motion by Miller, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING PURCHASING AND PUBLIC BIDDING REQUIREMENTS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 129.05 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO PURCHASING AND PUBLIC BIDDING REQUIREMENTS.
After discussion, motion by Bane, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE ANNULLING A 40' RIGHT-OF-WAY OF NANCY STREET RUNNING 89' FROM RICHWOOD AVENUE IN THE 5TH WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 40' RIGHT-OF-WAY ALONG A PORTION OF NANCY STREET RUNNING A DISTANCE OF APPROXIMATELY EIGHTY-NINE FEET FROM RICHWOOD AVENUE IN THE FIFTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
After discussion, motion by Scafella, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE ANNULLING A 40' RIGHT-OF-WAY OF COLUMBIA STREET RUNNING 89' FROM RICHWOOD AVENUE IN THE 5TH WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 40' RIGHT-OF-WAY ALONG A PORTION OF COLUMBIA STREET RUNNING A DISTANCE OF APPROXIMATELY EIGHTY-NINE FEET FROM RICHWOOD AVENUE IN THE FIFTH 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 ANNULLING A 12' WIDE UNNAMED ALLEY RUNNING 183' BETWEEN FIRST STREET AND STEWART STREET IN THE 3RD WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 12-FOOT WIDE UNNAMED ALLEY, EXTENDING AND RUNNING A DISTANCE OF APPROXIMATELY ONE HUNDRED AND EIGHTY-THREE FEET BETWEEN FIRST STREET AND STEWART STREET IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
Motion by Spencer, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1
As per your direction, an open planning meeting to discuss the future of Downtown Morgantown will be held on November 13, 2006 at 5:30 p.m. at the Hotel Morgan. Adjacent neighborhood associations, Downtown interests, property owners association, Chamber of Commerce members and all other interested parties are invited to attend. The objective of the meeting will be to develop a community consensus on Downtown development.
NEW BUSINESS:
Item No. 1:
Attached you will find a Quick Claim Easement for a Rectifier Site and Ground Bed that will allow Dominion Hope Gas to construct a modest facility on the riverbank near Coburns Creek to service a gas line. Based upon the City Attorney’s advice that this would be better served with an ordinance, I recommend that you not take action on Item #1.
Item No. 2:
The second attachment is a draft letter to the Friends of Deckers Creek pledging $100,000 per year to help operate a proposed mine discharge water treatment facility on Deckers Creek. The letter will be used to seek a $900,000 federal grant to also support the project. If the project is realized, the most viable funding source for the City pledge is increasing storm water service fees - approximately $0.38 per month for residential customers and $0.15 per 1,000 sq. ft. per month for large stormwater customers.
After discussion and, at the Mayor’s request, explanation by Evan Hansen, motion by Byrne, second by Spencer, to submit the letter. Motion carried 7-0.
Item No. 3:
The third attachment is a request from Main Street Morgantown seeking $25,000 to fund new Christmas decorations for the Downtown and to support Christmas promotions. Based upon the new streetscape hardware that will not accommodate the old decorations and the inconvenience suffered by Downtown merchants this past year, I recommend that the request be approved.
Motion by Miller, second by Scafella, to grant the $25,000 for new decorations. Motion carried 7-0.
Item No. 4:
The fourth attachment is a letter addressed to the City Engineer reporting a cost of $26,202 to install electrical receptacles that will allow the lighting of trees that will be planted on High Street. Given the timing of planting the trees and the contribution to the color and atmosphere of the Downtown, I recommend that this request be granted as well.
Motion by Byrne, second by Miller, to approve the request. Motion carried 7-0.
Item No. 5:
The last attachment is a proposed engagement letter for Steptoe & Johnson to serve as bond counsel for the Tax Increment Financing Revenue Bonds (Parking Garage Project No. 1) Series 2006. Based upon the expertise of this firm, I recommend that the letter be approved for a fee cost of $55,000 to be paid from bond proceeds.
Motion by Scafella, second by Miller, to approve the letter. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little thanked everyone for their support upon her mother’s death.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer discussed ; requested, asked to, requested
Councilor Byrne: Councilor Byrne
Councilor Miller: Councilor Miller observed; spoke of; announced and discussed
Councilor Scafella: Councilor Scafella noted Wiles Hill Senior Center has heat.
Councilor Manilla: No Report.
Councilor Bane: Councilor Bane addressed and urged; spoke
Mayor Justice: Mayor Justice noted; announced future meetings; noted; requested and clarified
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:50 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.