REGULAR MEETING MAY 15, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 15, 2007, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, 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 canvassing on April 30, 2007, and the regular meeting on May 1, 2007, were approved as printed.
CORRESPONDENCE:
Councilor Manilla read a proclamation for Police Week, Councilor Bane read Moto-Town, and Councilor Miller read Foster Care Month. Mayor Justice complimented everyone helping with the moving of WVU students. Councilor Manilla requested a discussion with the County Commission on planning and zoning issues. Councilor Byrne asked the City Attorney to research subdivisions abutting the City. Councilor Spencer asked the Allied Waste Regional Municipal Director about setting up a new landfill.
BOARDS AND COMMISSIONS:
By acclamation, Connie Merandi and Keith Reed were appointed to the Theatre Commission; Jerry Summers and Ed Bodkin were reappointed to the Police Civil Service Commission.
PUBLIC PORTION:
Kathleen Sutter, 1248 Fairlawns Avenue, spoke for removing Bed and Breakfasts from R-1 and R-1A Districts.
Richard Sutter, 1248 Fairlawns Avenue, spoke for removing Bed and Breakfasts from R-1 and R-1A Districts.
Joe Panico, Beechurst Avenue, spoke in favor of the alley annulment.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Mayor Justice announced the June Coordinating Council of Neighborhoods meeting.
NEW BUSINESS:
AN ORDINANCE AUTHORIZING AN AIRPORT LEASE AGREEMENT WITH COLGAN AIR, INC. : The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND COLGAN AIR, INC., LESSEE, FOR PREMISES AND FACILITIES LOCATED AT THE MORGANTOWN MUNICIPAL AIRPORT WHICH ARE NEEDED BY COLGAN AIR, INC. TO OPERATE AN AIRLINE AT THE AIRPORT.
After the City Manager’s explanation and discussion, motion by Scafella, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE ANNULLING A 30' RIGHT-OF-WAY 225' BETWEEN FOURTH STREET AND FOUR ½ STREET IN 4TH WARD : The below entitled Ordinance was presented for first reading:
AN ORDINANCE ABANDONING AND ANNULLING APPROXIMATELY A 15' PLATTED PUBLIC RIGHT-OF-WAY AND ALSO AN ABUTTING A 15' PRESCRIPTIVE, PAVED PUBLIC RIGHT-OF-WAY, RUNNING A DISTANCE OF APPROXIMATELY TWO HUNDRED AND TWENTY-FIVE FEET BETWEEN FOURTH STREET AND FOUR AND ½ STREET IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.
After discussion, motion by Scafella, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE GRANTING AN EASEMENT TO MUB IN THE STADIUM LOOP AREA: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AN EASEMENT AND RIGHT OF WAY BEING GRANTED BY THE CITY OF MORGANTOWN, GRANTOR, TO THE MORGANTOWN UTILITY BOARD, GRANTEE, AS THE SAME PERTAINS TO REALTY OWNED BY THE CITY OF MORGANTOWN LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF MORGANTOWN LOCATED IN CLOSE PROXIMITY TO YOKE STREET AND FALLING RUN ROAD.
After the City Manager’s explanation, motion by Spencer, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE ESTABLISHING THE B-4 NEIGHBORHOOD PRESERVATION DISTRICT (B-4NPOD) OF THE ZONING CODE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AT ARTICLE 1331.01 ESTABLISHMENT OF ZONING DISTRICTS TO INCLUDE THE B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (B-4NPOD); AMENDING ARTICLE 1349.05 BUILDING HEIGHT AND USE AND 1349.06 PARKING AND LOADING STANDARDS AS THEY RELATE TO THE B-4, GENERAL BUSINESS DISTRICT; CREATING ARTICLE 1362 B-4NPOD, B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT; AMENDING APPENDIX A DEVELOPMENT STANDARDS TABLE; AND, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN BY ESTABLISHING THE B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (B-4NPOD).
After discussion, motion by Bane, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 6-1. (Spencer voted NO.)
AN ORDINANCE AMENDING THE ZONING CODE AS APPLY TO BED & BREAKFAST INNS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING TABLE 1331.0501 PERMITTED LAND USE, ARTICLE 1331.06 (5) SUPPLEMENTAL REGULATIONS PERTAINING TO PERMITTED LAND USES TABLE, AND TABLE 1365.04.01 MINIMUM OFF-STREET PARKING REQUIREMENTS OF THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO BED AND BREAKFAST INN.
After discussion, motion by Scafella, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 5-2. (Miller and Spencer voted NO.)
AN ORDINANCE AMENDING THE ZONING CODE APPLYING TO PRIVATE CLUBS : The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING TABLE 1331.05.01 PERMITTED LAND USES AND ARTICLE 1331.06 SUPPLEMENTAL REGULATIONS PERTAINING TO PERMITTED LAND USES TABLE.
After the City Manager’s explanation, motion by Bane, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
As per the intent of a State Economic Development Grant, the City’s Building Commission has made long term leases for the Upper Mon River Center. A ten year lease with WVU has been adopted allowing use of a special deck to support the women’s crew team (will repay a $90,000 City loan that acquired the facility). A fifty year lease with Platinum Properties is in place to allow a new restaurant as part of the development. Another fifty year lease assigns the balance of the facility to BOPARC for operation of the docks. In the near term, the facility will be opened and promises to become a signature landmark for Morgantown River Front Development.
Item No. 2:
As per your direction, the North Side Fire Station Project is in motion. The site has been acquired and the deeds filed. The design engineering is underway and bids for the Ladder Truck have been received (need to allow up to a year for delivery). In the near future, the City’s Building Commission will take steps to secure the project financing (reimbursement resolution, bond attorney, request for proposals from area banks to purchase bonds). As the project advances, I will keep you advised.
NEW BUSINESS:
Item No. 1:
Attached you will find an unconventional request from Stanley Industries, Inc. reporting an error that was made in calculating the cost of removing coal from the Morgantown Airport. Based upon careful review; examination by the Airport Consulting Engineer; the additional cost being a State of West Virginia requirement; and the excellent work record and response time of Stanley Industries with regard to this project, I recommend that the company’s request for a $30,415 adjustment in the contract price be granted netting the City $418,275 for the coal removal.
After discussion, motion by Scafella, second by Miller, to honor the request of Stanley Industries for an additional $30,415 for the removal of coal at Morgantown Airport. Motion carried 7-0.
Item No. 2:
An attached memo from the Public Works Director reports bid results for the 2007 Street Paving project. I agree with her findings and recommend that the contract be awarded to Dodd General Contractors Corp. for $112,914.86.
After discussion, motion by Miller, second by Bane, that Dodd General Contractors Corp. Be awarded the street paving project at a cost of $112,914.86. Motion carried 7-0.
Item No. 3
An second attached memo from the Public Works Director identifies a parcel of surplus City property located on Pennsylvania Avenue that is not usable by the City, or housing organizations. I agree with the recommendation that the City proceed with a public auction for the land with a minimum cost of $15,000.
After discussion, BOPARC will be asked to evaluate the property.
Item No. 4:
Attached is a memo from the Assistant City Manager regarding the engineering services for the third block of High Street streetscape improvements. With the recent notice to proceed from the West Virginia Division of Highways, I agree and recommend that the contract be awarded to DMJM Harris for a total cost of $113,400.00.
After discussion, motion by Byrne, second by Bane, to approve the contract be awarded to DMJM Harris for $113,400. Motion carried 7-0.
Item No. 5:
Attached is the Morgan / High Street Business Improvement District (BID) Plan for Improvements approved by the Morgan / High Street District Planning Committee. This plan was requested by Council on December 5, 2006 based on a petition from property owners in the proposed district. State code 8-13A-8 mandates that City Council set a time and place for a public hearing regarding the creation of the fourth BID that will be bound by properties along High Street from Pleasant Street to Kirk Street. The City Council must hold the Public Hearing no later than 60 days after the receipt of the plan, and no sooner than 20 days after certified mail notices are sent to all property owners in the proposed district. I recommend City Council accept this plan and set the Public Hearing to be a part of the June 19, 2007 City Council meeting.
Motion by Scafella, second by Byrne, to proceed with a public hearing for the fourth High Street BID. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: No Report.
Councilor Manilla: Councilor Manilla advised of a possible partnership with Granville for a Park ‘n’ Ride and River Bus.
Councilor Scafella: Councilor Scafella had a request for a list of approvals needed for building permits.
City Manager Boroff clarified that forms have been revised, a general approval list made, and there is a full-time permit coordinator.
Councilor Miller: No Report.
Councilor Byrne: Councilor Byrne announced the first sister city meeting.
Councilor Spencer: Councilor Spencer discussed concerns with the Burroughs senior housing project, read a draft letter to the PSC opposing the transmission line and showed a bicycling newsletter page.
City Attorney Fanok observed that the weekend newspaper ad was age specific for 55 and older.
Mayor Justice: After discussion, Mayor Justice advised that building permit concerns will be on the COW agenda.
EXECUTIVE SESSION:
Motion by Scafella, second by Miller, to go into an executive session pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice, Council Members, City Attorney and City Manager. Time 8:55 p.m.
REGULAR SESSION:
Council by unanimous consent went back into Regular Session at 9:48 p.m.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:49 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.