REGULAR
MEETING MARCH 4, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, March
4th, 2008 at 7:30p.m.
PRESENT: Mayor
Assistant City Manager
The meeting was called to order by the
Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting
on February 19th, 2008 were approved as printed.
CORRESPONDENCE: Mayor Justice, Legislative update: Bill being considered to
have BZA expanded to seven members has been passed by State Legislature,
awaiting signatures. Law will allow Cities to have as many members as there are
wards. Mayor Justice mentioned the
Winter Carnival’s success and that he has received emails from many people, and
some questions will be answered in the precedings.
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 1331.06
(2) OF THE PLANNING AND ZONING CODE PERTAINING TO HOME OCCUPATIONS:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE AMENDING PART THIRTEEN
OF THE PLANNING AND ZONING CODE TO INCLUDE APPENDIX A “DEVELOPMENT STANDARDS
FOR ZONING DISTRICTS”:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE AMENDING THE PLANNING
AND ZONING CODE TO INCORPORATE PROVISIONS FOR SHARED PARKING:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 1351
“PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL BUSINESS (B-4) DISTRICT” OF
PLANNING AND ZONING CODE AS IT RELATES TO EXTERNAL SOLID WASTE CONTAINMENT FACILITIES:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING ARTICLE
1331.06 (2) OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was
presented for second reading:
AN ORDINANCE
AMENDING ARTICLE 1331.06 (2) OF THE PLANNING AND ZONING CODE PERTAINING TO HOME
OCCUPATIONS.
After discussion, motion by Byrer,
second by Bane to table the above entitled Ordinance. Motion carried 7-0.
AN
ORDINANCE AMENDING PART THIRTEEN OF THE PLANNING AND ZONING CODE: The below entitled Ordinance
was presented for second reading:
AN ORDINANCE
AMENDING PART THIRTEEN OF THE MORGANTOWN CITY CODE, “PLANNING AND ZONING CODE,”
TO INCLUDE APPENDIX A “DEVELOPMENT STANDARDS FOR ZONING DISTRICTS”.
After discussion, motion by Byrne,
second by Byrer to adopt the above entitled Ordinance. Motion carried 7-0.
AN
ORDINANCE AMENDING THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN: The below entitled Ordinance
was presented for second reading:
AN ORDINANCE
AMENDING THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN TO INCORPORATE
PROVISIONS FOR SHARED PARKING AND OFF-SITE PARKING WHEN CALCULATING MINIMUM
PARKING REQUIREMENTS IN THE B-4 DISTRICT.
Motion by Manilla, second by Selin to adopt
the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING ARTICLE 1351
“PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL BUSINESS (B-4) DISTRICT”: The below entitled Ordinance was
presented for second reading:
AN ORDINANCE
AMENDING ARTICLE 1351 “PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL
BUSINESS (B-4) DISTRICT” OF THE PLANNING AND ZONING CODE AS IT RELATES TO
EXTERNAL SOLID WASTE CONTAINMENT FACILITIES IN THE B-4 DISTRICT.
Motion
by Spencer, second by Selin to adopt the above entitled Ordinance. Motion
carried 7-0.
BOARDS AND COMMISSIONS: David Alexander appointed by acclamation to the Fire
Civil Service Commission. Shane Mardis appointed by acclamation to the Parking Authority.
Bob Roberts appointed by acclamation to the Personnel Board.
NEW BUSINESS:
an
ordinance authorizing the execution of an inter-governmental agreement between THE
CITIES OF MORGANTOWN AND WESTOVER: The below entitled Ordinance was
presented for first reading:
an ordinance, by the City of
Morgantown, authorizing the execution of an inter-governmental agreement
between it and the city of westover, as the same applies to acquisition of
street resurfacing material and contracting who will prepare for and place the
same in both municipalities during 2008.
After discussion, motion by Manilla, second by Byrne to pass
the above entitled Ordinance to second reading. Motion carried 7-0.
an
ordinance adopting the annual budget of the City of morgantown for the fiscal
year 2008-2009: The below entitled Ordinance was presented for first reading:
an ordinance by the city of
After
discussion, motion by Spencer, second by Byrne to pass the above entitled
Ordinance to second reading. Motion Carried 6-1.
a
resolution for the city of Morgantown to submit the necessary paperwork to
obtain $10,000.00 from the Governor’s community participation grant fund for
the renovation of dressing rooms at the historic metropolitan theatre: The above entitled Resolution was
presented to Council for their approval.
Motion
by Byrer, second by Selin to approve the above entitled Resolution. Motion
carried 7-0.
a resolution for
the city of Morgantown to submit the necessary paperwork to obtain $10,000.00
from the governor’s community participation grant, funds for use by the Ronald
mcdonald house to renovate the parking lot and trash dumpster area: The above entitled Resolution was
presented to Council for their approval.
Motion
by Byrne, second by Byrer to approve the above entitled Resolution. Motion
carried 7-0.
a resolution for the city of
Morgantown to apply for and administer the
community participation grant program, project number 07cpg0077, funds
for use by the west Virginia senior legal aid to purchase computer equipment,
software, and contract for information technology and planning services: The above entitled Resolution was
presented to Council for their approval.
Motion
by Byrne, second by Spencer to approve the above entitled Resolution. Motion
carried 7-0.
a resolution for
the city of Morgantown to reimburse
the Morgantown utility board for capital expenditures in connection with the
design, acquisition, construction and equipping of water and sewer system
facilities and improvements made prior to the issuance of tax-exempt revenue
bonds: The above entitled Resolution was
presented to Council for their approval.
After
discussion, and presentation by Jim Green, motion by Manilla, second by Byrne
to approve the above entitled Resolution. Motion carried 7-0.
PUBLIC PORTION:
Louis
Burakis, 435 Cobun Avenue, Mr. Burakis addressed Mr. Green stating that Pompano
Run is not included in his plan. Mr. Burakis feels that the sewer cannot handle
the waste load it currently has, and when it over flows, he claims it is
polluting a creek nearby. He also stated that the day care center should not be
built yet because it will compound the overloaded sewage problem.
Richard
Sutter, 1248 Fairlawns Avenue, Mr. Sutter stated his position in favor of the Day
care center being considered in the Suncrest area, however he felt Krepps Park
should not be the location of the center. Mr. Sutter requested that the City
negotiate with the University about the location so that the park is not
compromised. He also asked that the bridge on Laurel Street should be closed to
vehicular traffic.
Kay
Lotspeich,
Maria
Panaccione, Chair Youth Commission, Ms. Panaccione presented an outline of the
Commission’s annual report.
Jenny
Dinsmore,
Greg
Straub, 329 Elmhurst Street, Mr. Straub informed Council on the reduction of
vehicular traffic through the neighborhood since the Laurel Street bridge was
closed, and asked that it remain so.
Cathy
Meighen, 1288 Fairlawns Avenue, Mrs. Meighen opposed the location of the day
care center and reminded Council of the new dog park in that area, which will
also compound traffic issues.
SPECIAL COMMITTEE REPORTS: None.
CITY MANAGERS REPORT:
INFORMATION:
Item No 1:
As per Council=s direction, a town meeting will be held to discuss
rental housing inspection issues. The
meeting will be at the Hotel Morgan on March 19, 2008, from 7:00 pm to 9:00
pm. Presentations will be made on
housing code inspections and fire code inspections. A break out period will also be organized to
consolidate questions and suggestions for improved services. Tenants, student organizations, landlords,
developers, neighborhood organizations, and all interested parties will be
encouraged to attend.
Item No. 2:
Attached you will find a memo
from the Public Works Director reporting the location of the Willey Street
billboard. As you will read and based on
City records, the sign and the northern most building of the City Gardens
Apartment Project are outside the City limits of Morgantown. The major complication this finding presents
is that the recent annexation in this area is flawed in that its start point
was not contiguous to the City boundary.
To remedy this situation (correct the annexation minus the billboard),
Metro Rentals, LLC has indicated that it is willing to make available detailed
survey information for fifty percent of cost to legally establish the new City
boundary. Absent a settlement of this
nature, the recent annexation will remain in limbo and could be a source of
confusion in the future.
NEW BUSINESS:
Item No 1:
The second attachment is a
proposed agreement with West Virginia University Hospitals, Inc. to relocate
underground copper and fiber communication cables at the site of the new North
Side Fire Station. The cost of the total
project is $50,000 and it is proposed that it be divided equally between the
Hospital and the City. The cables were
uncovered during foundation studies for the new station on the lot donated for
the project.
Motion by Manilla, second by Spencer to approve $50,000
to relocate underground communication cables at the site for the new North Side
Fire Station. Motion Carried 6-1.
Item No 2:
The last attachment is a memo
from the Public Works Director reporting design build bid results for the
Morgantown River Front Events Center. I
agree with her comments and recommend that the contract be awarded to March
Westin Company, Inc. for a base bid price of $21,500,000.
After discussion, motion by Byrne, second by Bane to
approve the design bid of $21,500,000 to March Westin for the
CITY
CLERK'S REPORT: Thanks to all employees who contributed to
the newsletter, please sign up for Walk
100 Miles in 100 Days.
CITY ATTORNEY'S REPORT: None.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane Councilor Bane
clarified his reasons for voting against the new Budget, stating that it is not
because of employee raises, but rather the Sunnyside Up budget being raised
from $600,000 to $700,000. He thanked citizens, and said their concerns are
valid. Councilor Bane also voiced support for the closing of the
Councilor Manilla Councilor
Manilla added to the concerns of the day care center, citing that delivery
trucks would also contribute to traffic congestion in the area. He requested an
impact study on traffic in that area and suggested that the
Councilor Byrer Councilor Byrer agreed
with Councilor Manilla about Kane Core, and suggested the City contact them to
ascertain their intentions for the properties in question. He agreed with the
citizens’ comments on the day care center, that the location is wrong, and
traffic would be adversely impacted. He also mentioned that the neighborhood
has no sidewalks which could pose a safety hazard. He suggested St. Francis as
an ideal location for the day care center. Councilor Byrer addressed Wiles Hill
neighborhood concerns of serious wrecks in the Willowdale area, and requested
increased police patrol. He also informed Council of a burned up house on
Councilor Selin Councilor Selin mentioned
a Job Fair for high school aged students at South Middle School on
Councilor Byrne Councilor Byrne commented
that short term traffic solutions are needed in light of the failed service
fee, as mentioned at the recent MPO meeting. He requested a sidewalk on
Councilor Spencer Councilor
Spencer told Council that the Hair Shop on Fayette Street has a broken window,
and abuse of downtown storefronts continues to be an issue. Shared a book he is
reading about traffic impact, stating that the number of cars could double by
2020. He observed that variations in speed limits could influence the traffic
flow and stated he would like to inquire about this to the DOH. He agreed with
the citizens and other Councilors that the traffic impacts of the day care
center would be massive; however he asked that judgment not be made too
quickly, as the idea may work if implemented uniquely. Councilor Spencer
maintained that 3 different options were presented to Mr. Burakis to fix the
sewage problems in the area that he showed concern for earlier. He thanked him
for his concern and urged him to work with Council and MUB to now fix the
problem. He warned that closing
.
Mayor Justice Mayor Justice
informed everyone that on March 5th, at
ADJOURNMENT: There being no further business, the meeting adjourned by
unanimous consent at 9:55 p.m.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.