REGULAR MEETING JULY 2, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Monday, July 2, 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, Charlie Byrer, Jenny Selin, Bill Byrne, Don Spencer.
The meeting was called to order by the City Clerk.
OATH OF OFFICE FOR CITY COUNCIL:
City Clerk Little swore in the members of the 2007-2009 City Council.
ELECTION OF MAYOR AND DEPUTY MAYOR:
Nomination of Ron Justice for Mayor by Byrne, second by Spencer. There were no other nominations. Ron Justice was elected as Mayor for 2007-2008 by a vote of 7-0.
Nomination of Don Spencer for Deputy Mayor by Manilla, second by Bane. There were no other nominations. Ron Bane was elected as Deputy Mayor for 2007-2008 by a vote of 7-0.
City Clerk Little swore in Mayor Justice and Deputy Mayor Spencer.
APPROVAL OF MINUTES: Minutes from the regular meeting on June 19, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice welcomed new Councilor; thanked the Celebration of America committee; congratulated Don Spencer and presented a service certificate to Councilor Byrne.
PUBLIC HEARING - PROPOSED CREATION OF TIF DISTRICT AS “THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced TIF District creation and project plan
There being no appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE CREATING THE MORGAN/HIGH STREET BID BETWEEN PLEASANT AND KIRK STREETS:
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 CREATING THE MORGAN/HIGH STREET BID BETWEEN PLEASANT AND KIRK STREETS: The below entitled Ordinance was presented for second reading:
AN ORDINANCE CREATING THE MORGAN/HIGH STREET BUSINESS IMPROVEMENT DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN; BETWEEN PLEASANT STREET AND KIRK STREET ALONG HIGH STREET, CREATING THE MORGAN/HIGH STREET BUSINESS IMPROVEMENT DISTRICT BOARD, AND ESTABLISHING PROCEDURES FOR CONTRACTING AND CONTROL OF FUNDS.
After discussion, motion by Byrne, second by Spencer, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, reappointments of Marilyn Bowers and Sandy Poulson to Beautification. By acclamation, Council appointments are: Byrer to Historic Landmarks, Spencer to MRTC, Bane to Metropolitan Theatre, Manilla to Museum Commission, and Selin to Planning Commission. By acclamation, Jim Snyder was appointed to Museum Commission. By acclamation, after nomination by the City Manager, Frank Scafella was appointed to the Housing Authority and Kathryn Greever to the Planning Commission. By acclamation, reappointments of Ken Fones-Wolf to Personnel, and David Huffman, Robert Feathers, Marca Paparozzi and Alan Donaldson to Wards & Boundaries.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
No Reports.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF A PROPOSED RESOLUTION APPROVING THE SQUARE AT FALLING RUN TIF APPLICATION, AUTHORIZING THE SUBMITTAL OF SUCH APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE AND APPROVING A CONSTRUCTION BID MEMORANDUM OF UNDERSTANDING RELATING THERETO : The above entitled Resolution was presented for Council’s approval:
After the City Manager’s explanation, motion by Manilla, second by Spencer, to approve the above entitled Resolution. Motion carried 7-0.
AN ORDINANCE AMENDING THE FY 2007-2008 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE FY 2007-2008 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE COAL SEVERANCE FUND.
After the City Manager’s explanation, motion by Bane, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING THE TRAFFIC CODE FOR PARKING METER ZONES AND TIME LIMITS AND FEES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 363.02 AND 363.08 OF THE CITY OF MORGANTOWN TRAFFIC CODE AS THE SAME APPLIES TO DESIGNATED PARKING METER ZONES AND PARKING TIME LIMITS AND FEES.
Motion by Byrne, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A LEASE WITH WVU FOR HOME FOOTBALL GAMES PARKING: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS (TENANT), REGARDING WVU’S LEASE OF CITY OF MORGANTOWN REALTY FOR THE USE OF PARKING DURING WEST VIRGINIA UNIVERSITY HOME FOOTBALL GAMES.
Motion by Spencer, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING HEALTH & SANITATION SURCHARGES FOR GARBAGE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SUBSECTIONS 1139.15(a) AND 1139.15(b) OF THE CITY OF MORGANTOWN HEALTH AND SANITATION CODE AS THE SAME APPLIES TO SURCHARGES APPROVED BY THE WEST VIRGINIA PUBLIC SERVICE COMMISSION AND APPLICABLE TO CITY OF MORGANTOWN GARBAGE CUSTOMERS.
After discussion, motion by Spencer, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION OF THE CITY OF MORGANTOWN AUTHORIZING THE CITY MANAGER, PURSUANT TO WV CODE CHAPTER 8, ARTICLE 6, SECTION 5 TO INCREASE ITS CORPORATE LIMIT BY MAKING A MINOR BOUNDARY ADJUSTMENT TO INCLUDE A PARCEL OF APPROXIMATELY 0.22 ACRES OF REALTY OWNED BY METRO RENTALS: The above entitled Resolution was presented for Council’s approval:
Motion by Byrne, second by Bane, to approve the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF CITIZENS INITIATIVE RECOGNITION: The above entitled Proposal was presented for Council’s approval:
After the Mayor’s explanation, motion by Bane, second by Manilla, to approve the above entitled Proposal. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
As discussed at previous meetings, it may be possible to apply an anticipated $800,000 one time B & O Construction Tax payment that may be generated by the new Downtown apartment building to the early retirement of a bond that will be used to finance the new North Side Fire Station. If such taxes are realized, they could be expended for the early retirement within one month of receipt . As this opportunity develops, I will keep you advised.
Councilor Selin asked if there was a way to discuss the best way to use that payment for infrastructure or other improvements related to this building rather than paying off that debt early? The public may expect early debt retirement and exclude anything else. When should we bring this up?
City Manager Boroff replied that is possible if Council wants to consider that. That public expectation could be in place but there is no legal commitment until we expend the funds.
Councilor Manilla asked if TIF funding is available.
City Manager Boroff answered that this project will probably generate another $400,000 per year in TIF funds for the next 25 years, but there are restrictions on TIF funds. They must be spent in the District and on infrastructure projects. The TIF is already approved.
Mayor Justice clarified that TIF funds must be spent in the district but B&O construction funds can be spent City-wide.
Councilor Byrne observed that this came about as a way to reduce the term of the fee increases but this building will generate infrastructure needs. He would like to see a bridge across University Avenue to link the Wharf District and Trail to Downtown. Maybe TIF funds could be used for that positive, public improvement. We should continue to talk about how the one-time B&O construction money and the significant annual TIF money can be used to support everything we are doing in the City.
Councilor Selin urged that it could help address some parking needs.
Councilor Spencer requested that the minutes reflect the discussion We need to have continuing discussion on ways to reduce the impact of that building on Downtown. If TIF money does that great; if not, then we need to look at B&O construction money as another resource.
Item No. 2:
Governor Manchin has informed the City that he has awarded Morgantown a $112,000 Justice Assistance Grant to continue the Multi-Jurisdictional Drug and Violent Crime Control Task Force. For a number of years this has been an important crime control program serving all of Monongalia County.
NEW BUSINESS:
Item No. 1:
Attached you will find a letter from John Horne requesting $2,500 for a plaque to be placed near the USS West Virginia Battleship Mast at Grumbines Island listing the names of the 106 sailors that perished on December 7, 1941, at Pearl Harbor that served on the ship. Given the importance of this monument to the City, I recommend that the request be granted.
After discussion, motion by Manilla, second by Byrne, to move for approval. Motion carried 7-0.
Item No. 2:
The second attachment is a memo proposing a $570,000 amendment to the Capital Escrow Account. Based upon the merits of the projects and the City commitments made, I recommend that the amendment be approved.
Motion by Byrne, second by Bane, to approve the allocation of the $570,000 as per the memo. Motion carried 7-0.
Item No. 3:
As per MPO recommendations to mitigate congestion on Beechurst and University Ave, the Traffic Commission has recommended a traffic light timing study to help maximize traffic flow. Toward this end, the City has received a proposal from URS Corp. to conduct the study for $6,840. Given the seriousness of the problem, I recommend that the study be authorized.
After discussion, motion by Spencer, second by Byrer, to move approval. Motion carried 7-0.
Item No. 4:
The last attachment is the Security and Pledge Agreement with Centra Bank that supports the Morgantown Housing Authority initiative for single family, owner occupied housing in traditional, City neighborhoods. Based upon the demonstrated success of this program, I recommend that the agreement be approved and $175,000 be placed into an interest bearing escrow account to secure the program.
Motion by Byrne, second by Bane, that we pledge that money that was requested for the program. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane questioned the Parking Director about the time limit in the parking lot behind Madeline’s, noted the expense of Walnut Street streetscape, asked for Building 600 pedestrian issues to go to a traffic subcommittee, and welcomed Jenny and Charlie.
Councilor Manilla: Councilor Manilla welcomed Charlie and Jenny and commented a South Park bridge light is out.
Councilor Byrer: Councilor Byrer announced Wiles Hill Neighborhood is hosting National Night Out and open house for the new Senior Center; fountain dedication
Councilor Selin: Councilor Selin commented on the wording passed by the Planning Commission for home occupations.
Councilor Byrne: Councilor Byrne welcomed Charlie and Jenny; had a Brookhaven Road update; and advised that Jim Hunt has new ideas for Sunnyside Up.
Councilor Spencer: Councilor Spencer welcomed Charlie and Jenny; thanked everyone for his appointments; discussed the “pay as you go” presentation made to the Solid Waste Advisory Board; requested schedules for solid waste contract and zoning ordinance changes; mentioned weeds on Collins Ferry Road and calls to the DOH; addressed utility poles in sidewalks with home rule; and discussed the fountain dedication and citizen initiative.
City Manager Boroff replied that the solid waste contract, home occupations, and the B4NPOD will be on the July COW agenda and the solid waste ordinance should be ready by October 1.
Mayor Justice: Mayor Justice clarified the MPO transportation plan and gave an update. Councilor Spencer was appointed to the MPO by acclamation. Mayor Justice advised he has been appointed by the Governor to the Infrastructure and Jobs Council future events and congratulated the Triathlon and sponsors.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:36 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.