Morgantown City Council Minutes for 9-2-03

REGULAR MEETING SEPTEMBER 2, 2003:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 2, 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, Don Spencer.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the regular meeting on August 19, 2003, were approved as printed.

CORRESPONDENCE:

Mayor Justice presented the proclamation for Toastmasters and paraphrased letters about the Senior Jamboree invitation and the Celebration of America thank you. Mayor Justice read the MUB letter to the DOH regarding blockages causing flooding, submitted Senator Byrd's status report on an airport grant, read a commendation letter for the Street Department, noted mail from Cindy Frich about transportation priorities and funding, a contact letter from Walt Helmick, Senate Finance Chairman, and a State Journal article about the Morgantown Airport.

UNFINISHED BUSINESS:

There was no unfinished business.

BOARDS AND COMMISSIONS:

Motion by Spencer, second by Scafella, to appoint Danny Williams to the Library Board. Motion carried 6-0. (Byrne Abstained).

Councilor Byrne asked Jim Green to update Council on what MUB is doing with flooding issues.

PUBLIC PORTION:

Judith Stitzel, 449 Devon Road, spoke against Burroughs rezoning and Townhouse Districts.

Helen Quarrick, 1288 Colonial Drive, spoke against Burroughs rezoning.

Edna Dillon, 3252 Collins Ferry Road, presented a petition and spoke against Burroughs rezoning.

Sandy Bigelow, 1320 Eastern Avenue, spoke about Burroughs flooding and proper drainage.

Ed Sneckenberger, 521 Woodhaven Drive, spoke against Burroughs rezoning.

Milton Cohen, 1060 Ross Street, spoke against TIF developments.

Ismail Celik, 1477 Dogwood Avenue, spoke against Burroughs rezoning.

With Council's concurrence, Mayor Justice extended the public portion beyond the time limit.

Jim Prete, 1136 Munsey Street, spoke about buffer zones, against Townhouse Districts, and Planning Commission membership.

Richard Biafora, 3BT, provided a Burroughs Street Development handout; and spoke in favor of Townhouse Districts as buffer zones and Burroughs rezoning.

David Biafora, 3BT, noted the City maps showed the property to be B-1 and asked for the Burroughs rezoning issue to be resolved.

Mayor Justice, on behalf of Council, wished Mr. Cohen a Happy 98^th Birthday.

Janis Gunel, 1409 Dogwood Avenue, spoke against Burroughs rezoning.

Jim Gaston, 720 Powell Avenue, spoke about transportation studies and new development.

Steve Zeni, 1246 Eastern Avenue, asked if the sewers could handle all the new building.

Ron Magano, Cypress Street, spoke against Burroughs rezoning.

Lianne Zaltzman, 432 Rotary Street, spoke against Burroughs rezoning.

Janie Ives, City employee, spoke against the proposed prescription plan for City employees.

Erdogan Gunel, 1409 Dogwood Avenue, spoke about three sides to the Burroughs rezoning.

Don Trevorrow, 512 Milford Street, spoke against Burroughs rezoning and Townhouse Districts.

Steve Shuman, 3BT Counsel, offered clarification of the Burroughs rezoning issue.

Gene Perilli, 1310 Eastern Avenue, spoke about dredging and widening of Burroughs Run.

James Guiliani, 256 Prairie Avenue, spoke about rental occupancy regulations.

Mr. Bryte, ECR Development Group, spoke against the Eljadid Street traffic light and for the Burroughs rezoning.

Dr. Larry Schwab, 3333 Collins Ferry Road, spoke against character assassination.

City Manager Boroff responded to Mr. Zeni that status of the sewage lines will be checked with MUB.

There being no more appearances or objections, Mayor Justice declared the Public Portion closed.

Mayor Justice announced that the order of the rest of the agenda will be prioritized due to time constrictions.

NEW BUSINESS:

APPROVAL of AN FAA GRANT OFFER OF $704,822 FOR SNOW REMOVAL EQUIPMENT BUILDING.

After discussion, motion by Scafella, second by Byrne, to approve the above FAA grant offer. Motion carried 7-0.

APPROVAL of AN FAA GRANT OFFER OF $138,549 FOR ALL TERRAIN VEHICLE, FOD EQUIPMENT, PASSENGER LOADING RAMP, 4 ARFF BUNKER SUITES, AND KEY GATE SYSTEM.

After discussion, motion by Miller, second by Bane, to approve the above FAA grant offer. Motion carried 7-0.

RESOLUTION TO APPLY FOR A $10,000 GRANT FOR IMPROVEMENTS AT DORSEY'S KNOB PARK: 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.

RESOLUTION TO APPLY FOR A $10,000 GRANT FOR MAIN STREET MORGANTOWN: The above entitled Resolution was presented for Council's approval.

After discussion, motion by Scafella, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.

APPROVAL of CREATION OF THE RIVERFRONT DEVELOPMENT/REDEVELOPMENT DISTRICT DRAFT APPLICATION:

After discussion, motion by Byrne, second by Scafella, to approve the above entitled Application. Minor amendment by Scafella, second by Miller, to extend the district to include the MUB treatment plant. Amendment carried 7-0. Motion carried 7-0.

RESOLUTION REGARDING THE TIF APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE REGARDING THE SQUARE AT FALLING RUN: 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.

AN ORDINANCE AMENDING A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT REGARDING OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT: The following entitled Ordinance was presented for first reading.

AN ORDINANCE AUTHORIZING AN AMENDMENT TO A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND THE UNITED STATES GOVERNMENT, LESSEE, REGARDING OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT.

After discussion, motion by Miller, second by Bane, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AUTHORIZING A WRITTEN AGREEMENT WITH WEST VIRGINIA UNIVERSITY REGARDING THE PURCHASE OF COMMUNICATIONS EQUIPMENT BY THE MORGANTOWN FIRE DEPARTMENT: The following entitled Ordinance was presented for first reading.

AN ORDINANCE AUTHORIZING A WRITTEN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND WEST VIRGINIA UNIVERSITY REGARDING THE PURCHASE OF COMMUNICATIONS EQUIPMENT BY THE MORGANTOWN FIRE DEPARTMENT AND PAYMENT FOR THE SAME.

After discussion, motion by Miller, second by Bane, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE DESIGNATING A PORTION OF PARSONS STREET AS A DESIGNATED PERMIT PARKING DISTRICT: The following entitled Ordinance was presented for first reading.

AN ORDINANCE DESIGNATING A PORTION OF PARSONS STREET OF THE CITY OF MORGANTOWN, AS A DESIGNATED PERMIT PARKING DISTRICT PURSUANT TO ARTICLE 367 OF THE MORGANTOWN CITY CODE: DEFINING THE BOUNDARIES THEREOF; AND DIRECTING THAT THE STREET IN THE DISTRICT BE SIGNED ACCORDINGLY.

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

AN ORDINANCE DESIGNATING MCCULLOUGH AVENUE AS A DESIGNATED PERMIT PARKING DISTRICT: The following entitled Ordinance was presented for first reading.

AN ORDINANCE DESIGNATING MCCULLOUGH AVENUE WITHIN THE CITY OF MORGANTOWN, AS A DESIGNATED PERMIT PARKING DISTRICT PURSUANT TO ARTICLE 367 OF THE MORGANTOWN CITY CODE: DEFINING THE BOUNDARIES THEREOF; AND DIRECTING THAT THE STREET BE SIGNED ACCORDINGLY.

After discussion, motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING A NEW SUBSECTION 55.2; ADDING A "TOWNHOUSE"(TH) DISTRICT TO THE ZONING DISTRICTS LISTED IN SECTION 13; AND ADDING A NEW SECTION 14.5: The following entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING A NEW SUBSECTION 55.2 TO SECTION 5; BY ADDING A "TOWNHOUSE"(TH) DISTRICT TO THE ZONING DISTRICTS LISTED IN SECTION 13; AND ADDING A NEW SECTION 14.5 AS THE SAME APPLY TO DEFINING AND SETTING FORTH PERMITTING PROCEDURES FOR TOWNHOUSE DEVELOPMENTS.

After discussion, motion by Scafella, second by Miller, to pass the above entitled ordinance to second reading. Motion to table by Bane, second by Manilla. Motion carried 6-1. (Miller voted NO).

AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF PARCELS 32, 33.01, 33.2, AND 34 OF COUNTY TAX MAP 31, IN THE SEVENTH WARD FROM (R-1) TO (B-1): The following entitled Ordinance was presented for first reading.

AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF PARCELS 32,33.01, 33.2, AND 34 OF COUNTY TAX MAP 31, IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS 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 Bane, second by Manilla, to table the above entitled ordinance to the continuance of the meeting on September 9, 2003. Motion carried 7-0.

RECESS: There being no further time, motion by Miller, second by Scafella, to recess the meeting until September 9, 2003, at 7:00 p.m. The meeting recessed by unanimous consent at 11:00 p.m.

REGULAR MEETING SEPTEMBER 2, 2003 CONTINUED:

The regular meeting of the Common Council of the City of Morgantown held in the Council Chambers on Tuesday, September 2, 2003, reconvened on September 9, 2003, at 7:00 p.m.

The meeting was called back to order by the Mayor.

AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF PARCELS 32, 33.01, 33.2, AND 34 OF COUNTY TAX MAP 31,IN THE SEVENTH WARD FROM (R-1) TO (B-1): The following entitled Ordinance was presented for first reading.

AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF PARCELS 32,33.01, 33.2, AND 34 OF COUNTY TAX MAP 31,IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS 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.

Motion by Bane, second by Manilla, to remove the ordinance from the table. Motion carried 7-0. By request, Mayor Justice read a letter from Reeder & Shuman for 3BT LLC and Metro Rentals LLC. Motion by Bane, second by Miller, to suspend the rules to allow Council to ask questions of David Biafora. Motion carried by concurrence. Motion by Spencer, second by Manilla, to suspend the rules to allow Judith Stitzel to speak for the Suncrest Neighborhood. Motion carried by concurrence. Motion by Bane, second by Miller, to suspend the rules to allow Ed Sneckenberger to also speak for the Suncrest Neighborhood. Motion carried by concurrence. Motion by Manilla, second by Byrne, to suspend the rules to allow Larry Palumbo of 3BT LLC to comment on development plans near the above rezoning. Motion carried by concurrence. Motion to table by Spencer, died for lack of second. After discussion, motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-1. (Spencer voted NO).

RESOLUTION WITH REGARD TO A TRAFFIC SIGNAL SYSTEM WITHIN THE MUNICIPAL LIMITS AT RT 7 & ELJADID STREET: 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 6-1. (Bane voted NO).

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

By letter dated August 27, 2003, the West Virginia Economic Development Grant Committee has "certified Project No. 34, the City of Morgantown-The Square at Falling Run project and awarded funding, in the form of a grant, in the amount of $5,000,000 payable to the City of Morgantown". There are a number of conditions for the grant all of which will be detailed in a memorandum of understanding. As this document is developed, City Council will be kept advised.

NEW BUSINESS:

Item No. 1:

Attached you will find a sheet describing the proposed changes in the City's prescription drug program. Based upon discussion at the most recent Committee of the Whole meeting, I recommend that the changes be adopted and made effective January 1, 2004.

After discussion, motion by Byrne, second by Miller, to adopt the changes in the City's prescription drug program. Motion carried 7-0.

Item No 2:

The second attachment lists nominees for the second Business Improvement District planning committee (Fayette Street to Walnut Street) forwarded by Main Street. To coordinate this initiative with a new TEA-21 grant for the area, I recommend that the nominees be approved.

After discussion, motion by Byrne, second by Miller, to approve the nominees for the second BID planning committee. Motion carried 7-0.

Item No 3:

BOPARC has requested $3,000 for materials to build a gazebo at the Wiles Hill School. I recommend that this be taken from the Capital Escrow account. Councilor Scafella pointed out that the neighborhood would provide the labor for the project.

After discussion, motion by Scafella, second by Byrne, to approve $3,000 for the Wiles Hill gazebo materials. Motion carried 7-0.

CITY CLERK'S REPORT:

At the Mayor's request, Linda Little spoke about the Bronze Award for the City Wellness Program. Ms. Little commented on the Hot Dog Sale for the United Way, the Red Cross blood drive, and the City receiving the All Star Community Award for enrichment at the WVML Conference.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane commented on Suncrest neighborhood meetings, speeding on Dorsey Avenue, BOPARC's triathlon, and September Stride for cystic fibrosis.

Councilor Manilla: Councilor Manilla stated that he did not pay anyone to make Councilor Bane crash and remarked on an Employer Support Reserve Guard trip to Mississippi with Councilor Byrne.

Councilor Scafella: Councilor Scafella noted the Rail/Trail is open all the way to Prickett's Fort and spoke about the Planning Commission.

Councilor Miller: Councilor Miller clarified that only three Councilors may legally attend Suncrest meetings, thanked Brent Bailey for Neighborhood Watch meeting, thanked Linda Little for hard work, requested looking at yellow lines again, and thanked the Fire Department again. Councilor Miller commented on the rental stings and the Planning Commission.

Councilor Byrne: Councilor Byrne will report on the Sunnyside Up meeting with the data consultant, asked the Traffic Commission to revisit Maple Avenue and Buckhannon, urged working with state and national leadership for Universal Coverage, commented on the Mississippi trip, and the rental stings.

Councilor Spencer: Councilor Spencer was impressed with the public session, asserted that City problems should have City solutions, referred lack of Killarney crosswalk to Traffic Commission, commented on pedestrian safety and the presentation at the MPO meeting, asked for airport governance needs to be on COW agenda, and mentioned: MUB work in Suncrest, a list of conditional uses of property, a City GIS system for profiling each piece of property, and requested the Planning Commission flag legal problems.

Mayor Justice: Mayor Justice mentioned the long public portion; announced Main Street's Night on the Town, County Planning Commission's new office Open House, and the next MPO meeting. Mayor Justice thanked MUB for identifying and addressing issues in Sabraton and Suncrest areas, commended Code Enforcement and the Fire Department for rental stings, updated the Dorsey Knob project, listed committees, other meeting announcements, 9-11 events, and thanked John Wilfong of the Dominion Post for his professionalism and coverage of City events.

Mayor Justice suspended the rules, with Council's concurrence, to allow Dr. Judith Stitzel to ask for clarification of Public Hearing and Second Reading for the rezoning ordinance.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:41p.m.

_____________________________ __________________________________

City Clerk Mayor

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