REGULAR MEETING FEBRUARY 5, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 5, 2002, at 7:30 P.M.
PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant to the City Manager Jeff Mikorski, City Attorney Steve Fanok and Councilmembers Ron Bane, Jim Manilla, Teresa Miller, Ron Justice, Bill Byrne, Florence Merow.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on January 15, 2002, were approved as printed.
CORRESPONDENCE:
Councilor Byrne introduced Parez Shaw and Renee Hurley as interns from Dr. Kevin Leyden's class.
Councilor Manilla reported that more than 20 Morgantown High theatre students won the state competition for one act plays and are raising money for traveling to the national competition in Mobile, Alabama.
Councilor Manilla read Fred Fiorini's fax about changing the traffic lights on Beechurst to maximize traffic flow.
Councilor Merow reported she had received letters supporting widening Beechurst.
Mayor Scafella read and presented a proclamation for National Literacy Volunteers of America Month.
Mayor Scafella announced the Jefferson Awards program for public service hosted by WCHS-TV and WVAH-TV.
Mayor Scafella read Ann Payne's letter regarding a Dog Park Proposal and Governor Wise's letter concerning the Governor's Internship Program.
Mayor Scafella commented on extraneous noises being picked up by the microphones.
PUBLIC PORTION:
Mike Breiding, Hornbeck Road, spoke against the resolution for widening Beechurst Avenue.
Kevin Leyden, 441 Madigan Avenue, spoke against the resolution for widening Beechurst Avenue.
John Duarte, 460 Grove Street, spoke in favor of the resolution for widening Beechurst Avenue.
Jeff Bruner, 415 Washington Street, spoke against the resolution for widening Beechurst Avenue.
Mike, from Booth, spoke against the resolution for widening Beechurst Avenue.
Scott Dobson, 531 Grant Avenue, spoke about litter concerns.
Don Spencer, 565 Harvard Street, spoke in favor of the resolution for widening Beechurst Avenue and presented handouts.
Cindy Frich, 1248 Baker's Ridge Road, spoke in favor of the resolution for widening Beechurst Avenue.
Dale Davis, 423 West Run Road, spoke on traffic conditions and gave his recommendations.
Helen Carey, 1288 Colonial Drive, spoke in favor of the resolution for widening Beechurst Avenue.
Bill Wonderlin, 1353 Headlee Avenue, requested new transportation studies.
Phil Shuman, 250 Kingwood Street, requested a donation for the Morgantown High students' drama competition.
Joe Panico, Beechurst property owner, spoke against the resolution for widening Beechurst Avenue.
Marlene Frich, 1248 Baker's Ridge Road, spoke in favor of the resolution for widening Beechurst Avenue.
Sandy Holepit, 916 Briarwood Court, spoke in favor of the resolution for widening Beechurst Avenue.
Esmail Monazam, 3552 Collins Ferry Road, presented a petition and letters and spoke in favor of the PRO zoning request.
Dave Hickman, 6 Flagel Street, spoke in opposition to the PRO zoning request.
Don Trevorrow, 512 Milford Street, spoke in opposition to the PRO zoning request.
David Rosati, 1125 Munsey Avenue, spoke against the resolution for widening Beechurst Avenue.
Ed Rollo, Attorney representing Mr. Monazam, spoke in favor of the PRO zoning request.
Julie Cryser, 6 Flagel Street, spoke in opposition to the PRO zoning request.
Scott Smith, Owner of Hummers, presented a letter and spoke in favor of the PRO zoning request.
Jonathan Cumming, Morgantown Tree Board, gave an explanation of the Tree Board and its goals along with handouts.
Mike Hurst, 790 Morgan Drive, spoke in opposition to the PRO zoning request.
Ronald Hill, 10 Flagel Street, spoke in opposition to the PRO zoning request.
Ryan Hayes, 1030 Ridgeway Avenue, presented and read a letter from Sean Sikora in favor of the PRO zoning request.
Chris Conley, electrical engineer with Mr. Monazam, spoke in favor of the PRO zoning request.
Jane Hill, 10 Flagel Street, spoke in opposition to the PRO zoning request.
Sherry Monazam, 3552 Collins Ferry Road, spoke in favor of the PRO zoning request.
Paul DeVore, 668 Colonial Avenue, spoke in favor of the resolution for widening Beechurst Avenue.
Recess taken from 9:15 p.m. to 9:24 p.m.
SPECIAL COMMITTEE REPORT:
Councilor Justice noted the Downtown Task Force will meet on February 12 and the Sabraton Business Owners will meet February 20.
Mayor Scafella stated that COMMPACT will meet February 14.
Councilor Byrne reported that the last Housing focus group meeting will be February 18.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE REZONING ONE (1) PARCEL OF REAL ESTATE IN THE SEVENTH WARD FROM (R-1) RESIDENTIAL TO (PRO) PROFESSIONAL, RESIDENTIAL, AND OFFICE DISTRICT: The following entitled Ordinance was presented for First Reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF ONE (1) PARCEL OF REAL ESTATE IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) RESIDENTIAL TO (PRO) PROFESSIONAL, RESIDENTIAL, AND OFFICE 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 Merow, second by Byrne, to deny the request. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH BRANT MOTORSPORTS, INC., REGARDING OFFICE SPACE AT THE AIRPORT: The following entitled Ordinance was presented for First Reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN LESSOR, AND BRANT MOTORSPORTS, INC., LESSEE, REGARDING OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Merow, second by Justice, to pass the above entitled Ordinance to Second Reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING THE LEASE OF OFFICE SPACE AT THE AIRPORT TO THE FEDERAL AVIATION ADMINISTRATION: The following entitled Ordinance was presented for First Reading:
AN ORDINANCE AUTHORIZING THE LEASE OF OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT TO THE FEDERAL AVIATION ADMINISTRATION.
Motion by Miller, second by Manilla, to pass the above entitled Ordinance to Second Reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY AGREES TO APPLY FOR GRANT FUNDS FOR THE PRESERVATION ALLIANCE OF WV, INC.: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to adopt the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY REQUESTS FUNDING FOR WIDENING ROUTE 19 (BEECHURST AVENUE) TO AT LEAST FOUR LANES AND IMPROVING AFFECTED INTERSECTIONS: The above entitled Resolution was presented for Council's approval:
Motion by Merow, second by Justice, to amend and include in the Resolution South University Avenue, corridor, Senators Robert Byrd and Jay Rockefeller. After discussion motion passed to approve the above amendment to the Resolution with a 4-3 vote. (Councilors Bane, Manilla and Byrne voted No).
Motion by Bane, second by Justice, to amend and change the wording as: Now therefore, be it resolved that the City of Morgantown this 5th day of February, 2002, shall take action to 1). initiate immediately a comprehensive I-79 to I-68 traffic corridor urban design study for adoption and implementation to address riverfront area opportunities and emerging needs relating to downtown and WVU campus and 2). recommend that COMMPACT request our Governor, WV Transportation Secretary Fred Van Kirk, Federal and State Legislators to provide funding for the improvement of Beechurst as recommended by the study and that it's City Manager be authorized to expedite this request in a public manner on behalf of the City. After discussion, motion carried by a 5-2 vote to approve the above amendment to the Resolution. (Councilors Manilla and Byrne voted No).
Motion by Byrne, second by Justice, to amend and change the wording as: Now therefore, be it resolved that the City of Morgantown this 5th day of February, 2002, shall take action to 1). request that WV Transportation Secretary Fred Van Kirk initiate immediately a comprehensive I-79 to I-68 traffic corridor urban design study for adoption and implementation to address riverfront area opportunities and emerging needs relating to downtown and the WVU campus and 2). recommend that the Morgantown City Manager and COMMPACT request our governor, WV Transportation Secretary Fred Van Kirk, Federal and State Legislators to (a) provide funding for improvement of Beechurst and University Avenues as recommended by the study and (b) provide funding for "a new northern access route" from I-68 to WV-705, to be constructed or current with improvements to Beechurst, as recommended by the 2020 Transportation Plan (page 4-6) and that its City Manager be authorized to expedite this request in a public manner on behalf of the city. After discussion on above amendment, a vote was taken and motion to amend with Councilor Byrne's amendments failed with a 4-3 vote. (Councilors Bane, Manilla, Miller and Merow voted No).
Councilor Miller motioned to table Resolution. Mayor Scafella commented that is an undebatable motion, and requested the Clerk to call the roll. Motion failed 6-1. (Councilors Bane, Manilla, Justice, Bryne, Merow and Scafella voted No).
After discussion, motion by Bane, second by Justice, to approve the Resolution with Councilor Byrne's amendment with prior to omitted. Motion carried 6-1. (Manilla voted No).
After discussion, motion by Bane, second by Justice, to adopt the main Resolution with Councilor Merow's and Councilor Byrne's amendments. Motion carried 6-1. (Manilla voted No).
CONSIDERATION OF APPROVAL OF A RESOLUTION AGREEING TO RECOMMEND THE APPLICATION FOR RECREATIONAL TRAILS PROGRAM FUNDING FOR CONSTRUCTION OF TRAILS TO CONNECT EXISTING TRAILS IN WHITE PARK IN THE AMOUNT OF $40,000: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to adopt the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION AGREEING TO RECOMMEND THE APPLICATION FOR RECREATIONAL TRAILS PROGRAM FUNDING FOR CONSTRUCTION OF TRAILS TO CONNECT EXISTING TRAILS IN KREPPS PARK IN THE AMOUNT OF $60,000: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Bane, to adopt the above entitled Resolution. Motion carried 7-0.
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO. 1:
The WV Division of Culture and History has reported that the Chancery Hill District boundary has been increased to include the Alexander Wade House on Prairie Avenue. This is an important addition to the District and speaks well of the City.
NEW BUSINESS:
ITEM NO. 1:
The first attachment is a letter from the Arts and River Festival requesting that Council qualify their event at Hazel Ruby McQuain Park to be held July 27 through 28, 2002, as a special community festival. With this designation they will again be licensed by the State to have wine tasting and sales at the event. Based upon the past successes of the Festival, I recommend that the request be approved.
After discussion, motion by Byrne, second by Manilla, to qualify the Arts and River Festival as a special community festival. Motion carried 7-0.
ITEM NO. 2:
The second attachment includes a request from the Airport Restaurant to grant a 6 month discount on its lease payment because of loss of revenues caused by the events of September 11, 2001. After reviewing pertinent financial records and with the concurrence of the Airport Director, I recommend that the request be granted at a cost of $3,807.
Motion by Byrne, second by Manilla, to grant the Airport Restaurant a 6 month lease discount. Motion carried 7-0.
ITEM NO. 3:
BOPARC has requested that its Capital Escrow Account line items be amended to finance a one time cash flow issue in its operating budget. Residual balances to be used are Trail Vehicle $463; Trail amenities $9,894; Tractor $56; Shirt Factory $21,343; Special Projects $1,277; and Upgrades $14,022 for a cumulative total of $47,055. Based upon the review of the BOPARC Board, I recommend that the request be granted.
After discussion, motion by Bane, second by Byrne, to amend BOPARC's Capital Escrow Account line items. Motion carried 7-0.
CITY CLERK'S REPORT:
Agendas are available the Friday before meetings in the City Clerk's office, at the Library, on the Web page, and will be posted on Channel 15 soon.
STAFF ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane thanked Byrne and Justice for their cooperation on the resolution.
Councilor Manilla: Councilor Manilla suggested finding a short term solution to the traffic problems downtown and reported that every day garbage pickup is not working.
Councilor Miller: Councilor Miller commended Council for letting 30 people speak at the Public Portion.
Councilor Justice: Councilor Justice commented on tough agenda items, commended the Mayor on leadership of Public Portion, and Montrose Avenue problems.
Motion by Justice, second by Bane, to give $1,000 to the MAC for the Morgantown High drama team. Motion carried 7-0.
Councilor Byrne: Councilor Byrne noted the need to take new measures on the litter issue since the results are negative.
Councilor Merow: Councilor Merow thanked Council for the discussion on the resolution and she appreciates the people who speak.
Mayor Scafella: No Report.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:55 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.