REGULAR MEETING FEBRUARY 17, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 17, 2004, 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 from the regular meeting on February 3, 2004, were approved as printed.
CORRESPONDENCE:
Mayor Justice and Councilor Byrne discussed citizen e-mail re using sand instead of cinders.
Councilor Spencer mentioned the downtown trash problem and referred Jacques William's letter to the Beautification Commission.
Councilor Bane requested discussion about the Square at Falling Run on the COW agenda.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING A NEW SUBSECTION 17.11 DEFINING A "DEVELOPMENT OF SIGNIFICANT IMPACT"; AND AMENDING SECTION 21(b) FOR SITE PLAN REVIEW PROCEDURES:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Frank Ferrell, 26 Outlook Street, spoke in favor of keeping low thresholds for Developments of Significant Impact.
W. Kent Pauley, NCWV Home Builders Association, spoke in favor of the ordinance.
Dave Kelly, NCWV Property Owners Association, spoke in favor of the ordinance.
Rich Lane, Platinum Properties, spoke in favor of the ordinance and offered further suggestions.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
PUBLIC HEARING - AN ORDINANCE ADOPTING A PORTION OF POSTEN AVENUE INTO 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.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING A NEW SUBSECTION 17.11 DEFINING A "DEVELOPMENT OF SIGNIFICANT IMPACT"; AND AMENDING SECTION 21(b) FOR SITE PLAN REVIEW PROCEDURES: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING A NEW SUBSECTION 17.11 DEFINING A "DEVELOPMENT OF SIGNIFICANT IMPACT"; AND AMENDING SECTION 21(b), AS THE SAME APPLIES TO THE SITE PLAN REVIEW PROCEDURES OF THE CITY.
After discussion, motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Minor amendment to Section 21(b) by Spencer, second by Miller, to add to the end of paragraph 1:"When a site project is too small to qualify for Development of Significant Impact review, the Director of Planning shall notify the member of the planning commission from the ward in which the project is located at least 5 days in advance of the staff review". Motion carried 7-0. Minor amendment to Section 21(b) by Spencer, second by Bane, to add to paragraph 4:"The review shall be made by a Planner with A.I.C.P. qualifications". Motion carried 7-0. After discussion, minor amendment to Section 21(b) by Spencer, second by Scafella. Amendment was withdrawn. Minor amendment to Section 21(b) by Spencer, second by Miller, to add to paragraph 18:"or a referral from the Planning Commission". Motion carried 6-1 (Manilla voted NO). Motion to table by Manilla, second by Spencer. Motion defeated 4-3 (Bane, Manilla, Spencer voted YES). Main motion carried 5-2. (Manilla & Spencer voted NO).
AN ORDINANCE ADOPTING A PORTION OF POSTEN AVENUE INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SUBSECTION 19(E)(4)(m) OF THE MORGANTOWN ZONING ORDINANCE AS THE SAME APPLIES TO NONCONFORMING PRIVATE CLUBS WITHIN THE B-4 ZONING DISTRICT.
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
There being no Boards and Commission appointments, Mayor Justice moved on to the Public Portion.
PUBLIC PORTION:
Sheila Scumaci, SPAN President, thanked everyone for the South Park neighborhood sign.
George Papandreas, South Park, spoke about effects of amending the bar and restaurant ordinance.
Michael Hurst, 790 Morgan Drive, spoke against the rezoning ordinance.
Ed Rollo, Attorney for the Monazams, spoke in favor of the rezoning ordinance.
Dave Hickman, 6 Flagel Street, spoke against the rezoning ordinance.
Janie Hill, 10 Flagel Street, spoke against the rezoning ordinance.
Mr. Monazam, 3556 Collins Ferry Road, spoke in favor of the rezoning ordinance.
Frank Ferrell, 26 Outlook Street, discussed snow on Rail/Trails, the rezoning request, COW Public Portion, and the fire fee.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne reported on Sunnyside Up progress and Mayor Justice clarified the February COW agenda.
NEW BUSINESS:
AN ORDINANCE FOR THE REZONING OF A PARCEL IN THE SEVENTH WARD FROM (R-1) TO (PRO): The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF PARCEL 6 OF COUNTY TAX MAP 51, IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT TO (PRO) PROFESSIONAL, RESIDENTIAL, 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 Spencer, second by Miller, to deny the above entitled Ordinance. Motion carried 7-0.
A RESOLUTION FOR NATIONAL BIOMETRIC SECURITY PROJECT GRANT DISBURSEMENT: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Manilla, second by Scafella, to approve the above entitled Resolution. Motion carried 7-0.
A RESOLUTION FOR CERTIFICATE OF AUTHORIZATION FOR NATIONAL BIOMETRIC SECURITY PROJECT GRANT DISBURSEMENT: The above entitled Resolution was presented for Council's approval.
Motion by Miller, second by Byrne, to approve the above entitled Resolution. Motion carried 7-0.
A RESOLUTION FOR SQUARE AT FALLING RUN GRANT DISBURSEMENT: The above entitled Resolution was presented for Council's approval.
Motion by Byrne, second by Miller, to approve the above entitled Resolution. Motion carried 7-0.
A RESOLUTION FOR CERTIFICATE OF AUTHORIZATION FOR THE SQUARE AT FALLING RUN: The above entitled Resolution was presented for Council's approval.
Motion by Byrne, second by Scafella, to approve the above entitled Resolution. Motion carried 7-0.
A RESOLUTION FOR WV PUBLIC THEATER AND MARINA GRANT DISBURSEMENT: The above entitled Resolution was presented for Council's approval.
Motion by Byrne, second by Miller, to approve the above entitled Resolution Motion carried 7-0.
A RESOLUTION FOR CERTIFICATE OF AUTHORIZATION FOR WV PUBLIC THEATER AND MARINA: The above entitled Resolution was presented for Council's approval.
Motion by Miller, second by Byrne, to approve the above entitled Resolution Motion carried 7-0.
Mayor Justice announced a brief recess at 9:34 p.m. City Council reconvened at 9:45 p.m.
CITY MANAGERS REPORT:
INFORMATION:
ITEM NO. 1:
As per the schedule adopted by Council the proposed budget documents for Fiscal Year 2004-2005 will be presented during the meeting.
NEW BUSINESS:
ITEM NO. 1:
Attached you will find bid results for the new Maintenance Building at the City Airport. I agree with the points made and recommend that the contract be awarded to the lowest bidder TMARO Corporation for a base cost of $678,900.
After discussion, motion by Spencer, second by Scafella, to award the contract to TMARO Corporation. Motion carried 7-0.
ITEM NO. 2:
The last attachment reports proposals received by the Tree Board. I also agree with the Board's finding and recommend that the contract be awarded to Dogwood Tree Service for a cost of $10,470.
After discussion, motion by Scafella, second by Miller, to award the contract to Dogwood Tree Service. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane noted Prairie Avenue traffic problems and thanked Code Enforcement, Engineering, the City Manager, and Mr. Hines for their help.
Councilor Manilla: Councilor Manilla visited the new offices for Main Street and the Convention and Visitors' Bureau; advised that trash is the responsibility of tenants and landlords; and noted his uneasiness with all the amendments to the ordinance.
Councilor Scafella: Councilor Scafella commented on the budget and resources: the paving list amount, future Capital Program revenues, and the Charleston and Huntington Fire Departments.
Councilor Miller: Councilor Miller proposed a trial of the Public Portion being first on the COW agenda; thanked Ms. Scumaci; noted that Stewart Lane was destroyed by new development and she referred the caller to the County; and discussed copies of the old and new zoning ordinances.
Councilor Byrne: Councilor Byrne noted the salt amount was doubled in the budget; BFI issues and re-negotiation; and mentioned Mr. Chico's property problem was solved.
Councilor Spencer: Councilor Spencer requested discussion of Police resources and a letter of support for updating State Planning Code be on COW agenda; expounded on new utility poles installed in 4th and 7th Wards with no notice to the City and no regard for aesthetics; requested third reading for ordinances; and commented on the beauty of the South Park sign.
Mayor Justice: Mayor Justice noted Council had copies of the Downtown Task Force report; announced Literacy Volunteers and Fun Factory events and the MPO meeting; clarified some budget items; and reported the City Manager will be available to meet with Council members on budget questions.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
10:44 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.