REGULAR MEETING FEBRUARY 20, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 20, 2007, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Secretary Donna Roberts, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer. (City Clerk Linda Little Absent.)
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on February 6, 2007, were approved as printed.
CORRESPONDENCE:
Councilor Bane disagreed with some Planning Commission e-mail requests. Councilor Manilla noted e-mails about the DOH using cinders and complaints on trash and parking. Mayor Justice announced the meeting is not live due to a feed problem.
PUBLIC HEARING - AN ORDINANCE AUTHORIZING LEASE OF OFFICE SPACE AT THE AIRPORT TO THE FAA:
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 public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AUTHORIZING LEASE OF OFFICE SPACE AT THE AIRPORT TO THE FAA: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE FEDERAL AVIATION ADMINISTRATION (LESSEE) AS THE SAME PERTAINS TO THE LEASE OF OFFICE SPACE BY THE CITY OF MORGANTOWN TO THE FEDERAL AVIATION ADMINISTRATION WITHIN THE NORTH TERMINAL BUILDING AT THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Councilor Spencer spoke of the Planning Commission, Tree Board and the proposed Pedestrian Safety Board. By acclamation, Anne Cumming was appointed to the Beautification Commission.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Miller addressed Bane’s concerns with the requests to the Planning Commission.
NEW BUSINESS:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 12' WIDE UNNAMED ALLEY 82' FROM ROSE STREET TOWARD HESS STREET IN FIRST WARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 12' WIDE UNNAMED ALLEY EXTENDING AND RUNNING A DISTANCE OF APPROXIMATELY EIGHTY TWO FEET FROM ROSE STREET TOWARD HESS STREET, IN THE FIRST WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
After discussion, motion by Manilla, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 6-0. (Bane Abstained.)
AN ORDINANCE FOR THE PURCHASE OF REALTY IN THE SEVENTH WARD FOR USE BY THE MORGANTOWN UTILITY BOARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF REALTY, LOCATED IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE FOR PURCHASE OF A .225 ACRE PARCEL OF REALTY IN THE MORGAN TAX DISTRICT FOR USE BY THE MORGANTOWN UTILITY BOARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A .225 ACRE PARCEL OF REALTY, LOCATED IN THE MORGAN TAX DISTRICT OF MONONGALIA COUNTY, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Byrne, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE FOR PURCHASE OF A 5.107 ACRE PARCEL OF REALTY IN THE MORGAN TAX DISTRICT FOR USE BY THE MORGANTOWN UTILITY BOARD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A 5.107 ACRE PARCEL OF REALTY, LOCATED IN THE MORGAN TAX DISTRICT OF MONONGALIA COUNTY, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION TO APPLY FOR A $6,333 GRANT FOR MAIN STREET ADVERTISING, EVENTS, AND KIOSKS: The above entitled Resolution was presented for Council’s approval:
After discussion, motion by Scafella, second by Miller, to approve the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
The proposed budget documents for fiscal year 2007-2008 are presented for your consideration.
NEW BUSINESS:
Item No. 1:
Attached you will find a letter from the Greater Morgantown Community Trust requesting $1,000 to update the Upper Mon Water Trail Guide and Map for the 2007 boating season. Based upon the merits of this project and its promotion of the Monongahela River, I recommend that the request be granted.
Motion by Scafella, second by Byrne, to allocate $1,000 to the Greater Morgantown Community Trust for brochures. Motion carried 7-0.
Item No. 2:
In 2004, an agreement was enacted that allowed the City of Morgantown to acquire property from the Square at Falling Run developer for a public parking garage to be part of the development. It further noted that the City would issue a bonds to help construct the garage. The agreement also allowed the developer to repurchase the property prior to the sale of the first bonds if the City and the Developer agreed that the City was not going to construct the garage. Since then, there have been significant changes in the project (reconfiguration of the Augusta; potential new parkway in the valley; and relocation of major utilities) potentially influencing the final footprint of the garage. Reflecting this, attached is a modification agreement that states the developer’s right to repurchase the property does not expire when the first TIF bond is issued since the legal commitment to construct the garage will not be in place as originally contemplated. The right to repurchase will remain in place and could be exercised in the future based upon a joint determination (by the City and the Developer) that the City will not construct the garage. All of this is being presented to reassure private sector financiers that the worst case scenario can be mitigated, and otherwise the project is proceeding as proposed.
After discussion, motion by Miller, second by Byrne, to approve the amendment to postpone until such time as the developer can buy the land for parking. Motion carried 7-0.
Item No. 3:
As an incentive for the Square at Falling Project and to help capture a State Economic Development Grant, the City pledged to invest B & O construction taxes generated by the project in public improvements that will support the development of the Falling Run watershed. Attached you will find a list of improvements suggested to employ these funds. Based upon the merits of the proposals, I recommend that the list be approved. Special Note: Projects will actually be effected on the basis of individual bids and award of contracts by City Council.
Motion by Byrne, second by Spencer, to place the B&O construction taxes to do public improvements in the valley. Motion carried 7-0.
Mayor Justice removed the Executive Session from the agenda.
CITY CLERK'S REPORT:
Absent.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane noted his daughter will give a speech to the legislature.
Councilor Manilla: No Report.
Councilor Scafella: Councilor Scafella commended Spencer for time spent on home rule with the legislature.
Councilor Miller: Councilor Miller congratulated the Mayor’s son for starting his political career and Rachel Eddy & the Morgantown Rounders for being on Mountain Stage.
Councilor Byrne: No Report.
Councilor Spencer: Councilor Spencer requested more time for the future budget process, the Code Enforcement report be moved to the March COW, and 24/7 restrooms downtown; and commented on revising the B-4 zoning and Kane-Core.
Mayor Justice: Mayor Justice applauded Spencer, communication with the WVML , and a newspaper article for work on home rule and discussed the COW agenda.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:12 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.