REGULAR MEETING MAY 6, 2003:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 6, 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, Florence Merow.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on April 15, 2003, were approved as corrected.
CORRESPONDENCE:
Mayor Justice presented a proclamation to Sharon Seamans for Older Americans Month and Beautification Commission certificates to Kay Beamer and for Joseph Newhouse.
Mayor Justice noted letters from Cindy Frich; reference Budget Digest funding and TEA-21 application; WVU School of Physical Education NYSP request; a U. S. Consumer Product Safety Commission local public hearing about ATVs; Crews&Associates regarding government agency financing needs; WV Human Rights Commission has received funding; the Workforce Investment Board was awarded $1,906,592 to assist Loveridge Mine miners; Allegheny Power about vegetation management; an invitation to become members of Friends of Deckers Creek; Joe Manchin about the First Annual WV Freedom Rally; WV Hate Crimes Task Force Conference, and a thank you and Annual Report from CLIC.
Councilor Manilla summarized a letter from Bob Lazzelle regarding cinders and speeding on Grand Street.
Councilor Bane presented a petition about sewer grates on Dorsey Avenue.
Councilor Scafella read Ansusan Inskeep's letter regarding a Traffic Commission meeting.
Mayor Justice noted letters forwarded to the County and City Departments.
Councilor Merow commented on a letter from McGill regarding ash on streets.
PUBLIC HEARING - REZONING 101 PARCELS IN THE THIRD & FIFTH WARDS:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
John Duarte, 460 Grove Street, spoke against the ordinance.
Councilor Miller called for a Point of Order and Mayor Justice asked Mr. Duarte to stay on the subject.
James Guiliani, 256 Prairie Avenue, requested more review before adoption of the ordinance.
Milton Cohen, 1060 Ross Street, spoke against the ordinance after Mayor Justice asked him, three times, to speak only to the ordinance.
Mac Warner, Square at Falling Run, spoke in favor of the ordinance.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
PUBLIC HEARING - REZONING ONE PARCEL IN THE SIXTH WARD FROM (R-1A) 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.
There being no appearances or objections, Mayor Justice declared this hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE REZONING 101 PARCELS IN THE THIRD & FIFTH WARDS: The following entitled Ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF 101 PARCELS OF REAL ESTATE IN THE THIRD AND FIFTH WARDS OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENTIAL DISTRICT, (R-2) SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT, (R-3) MULTIFAMILY RESIDENTIAL DISTRICT, AND (MU) MIXED USE DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING SECTION 13 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.
Mayor Justice suspended the rules for Council to ask questions of Mac Warner, a co-developer.
After discussion, motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE REZONING ONE PARCEL IN THE SIXTH WARD FROM (R-1A) TO (B-1): The following entitled Ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF ONE PARCEL OF REAL ESTATE IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT BY AMENDING SECTION 13 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 Miller, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS
By acclamation, Kimberly Mosby was appointed to the Housing Authority, Councilor Scafella to the Metropolitan Theatre Commission, and Councilor Manilla to the Transit Authority.
PUBLIC PORTION:
John Duarte, 460 Grove Street, commented on Square at Falling Run pedestrian trail and TIF.
Milton Cohen, 1060 Ross Street, spoke about the PUD ordinance, access to minutes at the Library and the City Planner.
Paul Meleady, 55 Beech Street, thanked the City Clerk's Office and commented on cinders, speeding and residential speeding zones, and public scrutiny.
James Guiliani, 256 Prairie Avenue, spoke about cinders, attacking the process and public participation, TIF, and garbage enforcement.
Don Spencer, 565 Harvard Avenue, commented on the importance of public participation.
Councilor Scafella noted the trail has been delayed at the Square at Falling Run developers' request.
Mayor Justice requested a 10 minute break at 9:30p.m. Meeting resumed at 9:40p.m.
NEW BUSINESS:
AN ORDINANCE REZONING SEVENTY-ONE (71) PARCELS OF REAL ESTATE IN THE FIRST WARD: The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF SEVENTY-ONE (71) PARCELS OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (B-4) GENERAL BUSINESS, NON-PEDESTRIAN DISTRICT TO (B-4) GENERAL BUSINESS, PEDESTRIAN DISTRICT BY AMENDING SECTION 13 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 Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE CONVEYING 750 SQUARE FEET OF REAL ESTATE TO THE DEPARTMENT OF PUBLIC SAFETY: The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF A PARCEL OF REAL ESTATE CONTAINING 750 SQUARE FEET IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM THE CITY OF MORGANTOWN TO THE DEPARTMENT OF PUBLIC SAFETY OF WEST VIRGINIA.
After discussion, motion by Scafella, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 7-0.
RESOLUTION ADOPTING THE CITIZEN PARTICIPATION PLAN: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to pass the above entitled Resolution. Motion carried 7-0.
SUPPLEMENTAL RESOLUTION TO THE MUNICIPAL BUILDING LEASE REVENUE BONDS, SERIES 2003: The above entitled Resolution was presented for Council's approval:
Mayor Justice suspended the rules for Council to ask questions of bond counsel.
After discussion, motion by Scafella, second by Merow, to pass the above entitled Resolution. Motion carried 7-0.
RESOLUTION REVISING THE 2002-2003 AIRPORT BUDGET: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Miller, second by Byrne, to pass the above entitled Resolution. Motion carried 7-0.
RESOLUTION REVISING THE 2002-2003 AIRPORT IMPROVEMENT FUND BUDGET: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Miller, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
Approximately every 10 years, the City's Fire Protection Services are rated by the Insurance Services Office, Inc. to help set insurance premium rates for properties in Morgantown. The evaluation considers Fire Department manning, equipment, and training. The study also examines the water supply and distribution system. The last survey was done in 1992 and the City was awarded a Class III rating (on a scale of I-X with I being the highest). Recently the City was informed that a new survey will be done in June 2003. The Fire Chief will effect all the necessary coordination to support the work.
Item No 2:
The State Auditor's Office has recently completed the City's financial audit for fiscal year 2001-2002. The report notes that there are no significant adverse findings and that "the general purpose financial statements . . . in all material respects . . . as of June 30, 2002 . . . ended in conformity with accounting principles generally accepted in the United States of America". During the exit conference, the State Auditor highly complimented the City's Financial Director and the staff of the Finance Department for their professionalism and expertise in administering all the City's financial records. Copies of the Audit are available in the City Clerk's Office and the Library.
NEW BUSINESS:
Item No. 1:
Attached you will find a letter from the Federal Aviation Administration. It reports that the City is an excellent candidate to receive $10,000,000 in discretionary funding to extend the Airport Runway Safety Areas (estimate 1,100 feet). This project will bring the City into compliance with all FAA regulations. Two special notes about this project must be made. The first is that the safety areas themselves are dirt extensions of the runway, but they can be effected in such a way as to have an asphalt runway extension constructed on them. The second point is that these grants will require a $750,000 match (in addition to a projected $150,000 match for the regular $2,000,000 FAA grant program) over a two year period (may be stretched to three). In making this commitment, the City must be prepared to assist the Airport with part or all of the discretionary match. The primary plan is to fund the match with FBO revenues, but given post 911 circumstances, this cannot be guaranteed. With these understandings, I recommend that the discretionary funds be pursued.
After discussion, motion by Scafella, second by Byrne, to develop the application to extend the Airport Runway Safety Areas. Motion carried 7-0.
Item No. 2:
One of the highlights of last year was the acquisition of Dorsey's Knob for a public park. Since that time much work has been invested in proposed features and designs. One important part of this is construction of a short road that will tie two existing roads to form a complete loop around the Knob greatly enhancing public access to the site. The last attachment is a proposal from Triad Engineering to design this improvement for a cost not to exceed $5,000. Given the importance of constructing this road in the next several months, I recommend that the work be authorized.
Motion by Bane, second by Merow, to approve the proposal not to exceed $5,000 for the Dorsey's Knob road. Motion carried 7-0.
CITY CLERK'S REPORT:
Linda Little mentioned that official election results are available and posted and the United Way pepperoni roll sale.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (reverse order):
Councilor Merow: Councilor Merow noted Manilla was the top vote getter, urged watching development and argued against the new power plant and use of cinders. Councilor Merow thanked everyone, spoke highly of Don Spencer and requested changing garbage ordinance rather than enforcement.
Councilor Byrne: Councilor Byrne, Mayor Justice and City Manager Boroff attended a Vision 2020 seminar and brought back 3 priorities: transportation, school bond and appearance. Councilor Byrne stated that the MPO will take care of transportation; individuals can speak to the school bond; Council should take on trash and dilapidated buildings. Councilor Byrne spoke against cinders and thanked citizens for election participation.
Councilor Miller: Councilor Miller thanked the City Clerk's Office, the pollworkers and the citizens.
Councilor Scafella: After discussion, Councilor Scafella requested, at next meeting, consideration of a match for a donor of $20,000 to refurbish Dorsey Knob house. Councilor Scafella noted a High Street business asked for cleanup after Friday night (6a.m.-8a.m.).
City Manager Boroff reported that Main Street has a man that does that. Discussion ensued.
Councilor Scafella requested more surveillance on Willowdale, no more cinders and access to minutes at the Library.
Councilor Manilla: Councilor Manilla commented on MHS parking lot trash and on Rail/Trail behind the old Gold's Gym. Councilor Manilla asked for a police patrol when MHS dismisses, commented about Beechurst DOH study, and noted a potential problem with current night life when Met Theatre performances let out. Councilor Manilla reflected upon information and timeliness.
Councilor Bane: Councilor Bane requested reflectors on Dorsey Avenue, Mr. Moore's request re: Delaware Avenue, one way enforcement on Prairie Avenue, and noted Mr. Guiliani's idea for a trash commission. Councilor Bane noted 2 MUB problems, enforce Jack Roberts Park for children, drinking, parking and speeding at White Park, and broken window on Pleasant Street not fixed. Councilor Bane thanked City Clerk for reports and said he does listen during the public portion.
Mayor Justice: Mayor Justice thanked everyone for the dedication activities of the Garlow House and reported on meetings attended. Mayor Justice spoke about the collaborative effort for the Arts Grant, noted his weekly meeting report and announced the next MPO meeting.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:46p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.