REGULAR MEETING FEBRUARY 18, 2003:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 18, 2003, at 6:00 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, Florence Merow.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on February 4, 2003, were approved as printed.



CORRESPONDENCE:



Mayor Justice commented on clearing snow and thanked City employees.



Mayor Justice noted the Airport Open House Public Meeting has been canceled and a thank you letter from the Center for Black Culture.



Mayor Justice summarized a letter from Flight Level Aviation, Inc., and confirmed the MPO meeting and the WV Public Theatre site dedication.



Councilor Byrne announced the groundbreaking ceremony for the Wharf District parking garage.

PUBLIC HEARING - AMENDING 1511.99 OF THE FIRE PREVENTION 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 hearing closed.



PUBLIC HEARING -AMENDING 1751.02(7) OF THE BUILDING & HOUSING 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 hearing closed.



PUBLIC HEARING-LEASE AGREEMENT BETWEEN KEGLER'S & PARKING AUTHORITY:



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 hearing closed.

PUBLIC HEARING - ADOPTING COURTNEY DRIVE & SOUTHPOINT CIRCLE IN THE CITY STREET SYSTEM:



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 hearing closed.



PUBLIC HEARING - ADOPTING 1718 "VACANT STRUCTURE 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 hearing closed.



UNFINISHED BUSINESS:



AN ORDINANCE AMENDING SECTION 1511.99 OF THE FIRE PREVENTION CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 1511.99 OF THE FIRE PREVENTION CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO PENALTIES FOR VIOLATION THEREOF.

Motion by Merow, second by Scafella, to adopt the above entitled ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING SUBSECTION 1751.02(7) OF THE BUILDING AND HOUSING CODE: The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING SUBSECTION 1751.02(7) OF THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO THE DEFINITION OF FAMILY.



After discussion, motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN KEGLER'S AND PARKING AUTHORITY: The following entitled Ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN KEGLER'S CORPORATION(LESSOR) AND THE CITY OF MORGANTOWN(LESSEE), ON BEHALF OF THE MORGANTOWN PARKING AUTHORITY.

Motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion carried 7-0.



AN ORDINANCE ADOPTING COURTNEY DRIVE AND SOUTHPOINT CIRCLE INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for second reading:

AN ORDINANCE ADOPTING COURTNEY DRIVE AND SOUTHPOINT CIRCLE INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL, IN THE SIXTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.



Motion by Byrne, second by Scafella, to adopt the above entitled ordinance. Motion carried 7-0.

AN ORDINANCE ADOPTING A NEW ARTICLE 1718, "VACANT STRUCTURE CODE": The following entitled Ordinance was presented for second reading:



AN ORDINANCE ADOPTING A NEW ARTICLE 1718, TITLED "VACANT STRUCTURE CODE", WITHIN THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN.



Motion by Merow, second by Scafella, to adopt the above entitled ordinance. Motion carried 7-0.

BOARDS & COMMISSIONS:



Martha Shamberger was appointed by acclamation to serve as the 5th Ward position on the Planning Commission for a three-year term.



PUBLIC PORTION:



John Duarte, 460 Grove Street, requested 3 readings for ordinances, announced his candidacy for Council, and spoke against the definition of family.



Paul DeVore, Hart Field Coalition, noted 3 items of information regarding the Airport.



SPECIAL COMMITTEE REPORTS:



Mayor Justice noted the Solid Waste Authority invitation.

NEW BUSINESS:



There was no New Business.

CITY MANAGERS REPORT:



INFORMATION:

Item No. 1:



As per the schedule set by Council the proposed budget documents for FY 2003-2004 will be presented. Budget work sessions may be scheduled as needed from February 19 through March 4.



CITY CLERK'S REPORT:



Councils' approval of Ballot Commissioners and Election Officials for the April 29, 2003, General Municipal Election.



Motion by Merow, second by Bane, to approve Ballot Commissioners and Election Officials. Motion carried 7-0.

CITY ATTORNEY'S REPORT:



Steve Fanok clarified that the definition of family ordinance was to comply with the zoning ordinance that was amended in 1996 and this is merely a housekeeping ordinance.

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane commented on PUD concerns, thanked Steve Hill for snow removal, and voiced rental parking concerns.



City Attorney Fanok clarified rental conversion parking.



Councilor Manilla: Councilor Manilla thanked Dave Cavender for snow removal, noted the first neighborhood PUD meeting and that the City Planner has requested a part-time zoning enforcement officer.



Councilor Scafella: Councilor Scafella explained R-1-A zoning, requested rental parking in yards on a COW agenda, complimented Jeff Mikorski for video on the budget process, reported on City budget efficiency, thanked Fred Hagedorn for snow removal, and apologized to the Hart Field Coalition.



Councilor Miller: Councilor Miller noted an ATV with a plow blade helped in 4th Ward, the future PUD meeting, and defined the steps the family definition ordinance went through.



Councilor Byrne: Councilor Byrne thanked City workers, asked for clarification of BFI schedule, commended City Manager and Staff on budget document and Steve Schmidt, Gordon Schilling, and John Morris for snow removal.



Councilor Merow: Councilor Merow commented on being gaveled down when someone else is talking, Emergency Evacuation Plan, 3 readings vs. 2 readings, keeping the hub of the City in the City, and changing agenda order.



Mayor Justice: Mayor Justice mentioned the Emergency Preparedness evaluation, future meetings, and noted City Hall was open Monday with some dedicated employees coming in as far away as Preston County.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 7:35 p.m.







_____________________________ __________________________________

City Clerk Mayor



*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.