REGULAR
MEETING SEPTEMBER 2, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, September
2, 2008 at 7:30 p.m.
PRESENT: Mayor
The meeting was called to order by Mayor
APPROVAL OF MINUTES: Minutes from the regular meeting on
August 19, 2008 were approved as printed.
CORRESPONDENCE: Mayor Justice read
proclamations for Lifelong Learning Week, Arbor Day, Greg Biffle, and one in
appreciation of City Clerk Linda Little. He also read a Resolution from the
WVML giving thanks for our hospitality as Host City.
PUBLIC HEARING - AN ORDINANCE authorizing the City to place concrete duct
bank under and across SECOND STREET:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - an ordinance aPPROVING REPLACEMENT PAGES TO
THE CITY CODE:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
UNFINISHED BUSINESS:
AN ORDINANCE authorizing the City to execute a right of way agreement for a duct
bank under and across SECOND STREET: The below entitled Ordinance was presented for second reading:
AN ORDINANCE authorizing the City of Morgantown, as grantor, to execute a right
of way agreement with the west Virginia university board of governors, as
grantee, regarding the placement of a concrete duct bank under and across SECOND
STREET in the FOURTH ward of the City of Morgantown.
Motion
by Spencer, second by Byrne to adopt the above entitled Ordinance. Motion
carried 7-0.
an
ordinance APPROVING REPLACEMENT PAGES TO THE CITY CODE: The below entitled Ordinance was presented for second reading:
an ordinance TO APPROVE CURRENT
REPLACEMENT PAGES TO THE CITY CODE.
Motion
by Byrne, second by Spencer to adopt the above entitled Ordinance. Motion
carried 7-0.
BOARDS AND
COMMISSIONS: No
appointments for Boards and Commissions at this time.
NEW BUSINESS:
AN ORDINANCE PROVIDING
FOR THE ZONING RECLASSIFICATION OF PORTIONS OF REAL ESTATE IN THE FOURTH WARD: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE providing for the zoning
reclassification of all or a portion of nine parcels of real estate in the
fourth ward of the city of Morgantown from o-I, office and institutional
district and r-3, multi-family residential district to pud, planned unit
development district by amending article 1331.02 of planning and zoning code of
the city of Morgantown as shown on the exhibit and hereto attached and declared
to be a part of this ordinance as if the same was fully set forth therein
After
explanation from the City Manager, and after discussion, motion by Byrne,
second by Spencer to pass the above entitled Ordinance to second reading. Motion
carried 6-1. Bane voted NO.
AN ORDINANCE AMENDING
SECTIONS OF ARTICLE 1701, ENFORCEMENT: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE amending article 1701,
sections 1701.01, 1701.03, 1701.04, and 1701.05, and deleting sections 1701.02
and 1701.06 of the city of Morgantown building and housing code, as the same
applies to enforcement.
After
discussion, motion by Selin, second by Byrne to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE DELETING
SECTIONS OF ARTICLE 1705, PERMITS AND FEES: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE deleting sections 1705.05,
1705.08, 1705.11 and 1705.13 within the city of Morgantown’s building and
housing code; and amending section 1705.12 therein, as the same applies to
building permits and fees.
After
discussion, motion by Byrne, second by Selin to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE AMENDING
SECTION 717.01, NATIONAL ELECTRIC CODE: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE amending section 1717.01 of
the City of Morgantown building and housing code, as the same applies to
adoption of the national electrical code.
After
discussion, motion by Byrne, second by Selin to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE
REPEALING ARTICLE 1719, UNSAFE STRUCTURES: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE repealing article 1719 of the
City of Morgantown building and housing code, as the same applies to unsafe
structures.
After
discussion, motion by Bane, second Byrne by to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE REPEALING
ARTICLE 1725, GAS APPLIANCES AND STRUCTURES: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE repealing article 1725 of the
City of Morgantown building and housing code, as the same applies to gas
appliances and accessories.
After
discussion, motion by Byrne, second by Selin to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE
REPEALING ARTICLE 1733, AND REPLACE WITH APPENDIX H OF INTERNATIONAL BUILDING
CODE: The below
entitled Ordinance was presented for first reading:
AN ORDINANCE repealing article 1733 of the
City of Morgantown building and housing code, as the same applies to signs and
replacing it with a new article 1733, consisting of appendix h of the
international building code.
After
discussion, minor amendment by Byrne to add the phrase “These provisions shall
be mandatory” to the Article. Motion by Byrne, second by Selin to pass the
above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REPEALING
ARTICLE 1739, TRAILERS: The below entitled Ordinance was presented for first reading:
AN
ORDINANCE repealing article 1739 of the
City of Morgantown building and housing code, as the same applies to trailers.
Motion
by Byrne, second by Selin to pass the above entitled Ordinance to second
reading.
Motion carried 7-0.
AN ORDINANCE AMENDING
AND REPEALING SECTIONS OF ARTICLE 1751, RENTAL HOUSING: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE amending section 1751.08 and
repealing sections 1751.09, 1751.10, 1751.18 and 1751.19 of the city of
Morgantown building and housing code, as the same applies to rental housing.
After
discussion, motion by Bane, second by Byrer to pass the above entitled
Ordinance to second reading.
Motion carried 7-0.
AN ORDINANCE APPROVING LEASE REVENUE
BONDS FOR NORTH SIDE FIRE STATION: The
below entitled Ordinance was presented for first reading:
AN
ORDINANCE approving the leasing by the
City of Morgantown of a new fire station and fire truck from the city of
Morgantown building commission and the approval of the issuance by the City of
Morgantown building commission of its not to exceed $5,000,000 principal amount
of lease revenue bonds, series 2008 A (North side fire station project) to
finance the design, acquisition, construction and equipping of such new fire
station and fire truck.
After
explanation from the City Manager and after discussion, motion by Byrne, second
by Spencer to pass the above entitled Ordinance to second reading. Motion
carried 7-0.
A RESOLUTION setting a public hearing date for the proposed
establishment of a tif district to be known as “the City of Morgantown
redevelopment district no. 3” and the proposed approval of a project for such
tif district to be known as “Sunnyside Up- Project Plan no. 1”. The above entitled Resolution was
presented for approval:
After explanation from the City
Manager, motion by Byrne, second by Selin to approve the above entitled
Resolution. Motion carried 6-1, Bane voted NO.
PUBLIC PORTION:
John Duarte, 460 Grove Street: Stated
that he was unclear on the new changes to City Code concerning rental
properties and code enforcement. He does not agree with the PUD either,
commenting that developers may have too much power over the City. He felt that
the development will require traffic and streets to be improved and this should
be done.
Duane Nichols, President Unitarian
Fellowship, owns property on Warrick Street: Does not agree with the PUD and
asked for greater involvement from citizens and more information from the City
on these types of projects.
Simone O’Hara, 315 Clark Street: Corrected
statements made in a recent article of the Daily Athenaeum. She gave an update
on the progress of the Greenmont Neighborhood Association. She thanked the
Mayor and Council for fighting for the neighborhoods. She commented that Code
Enforcement officers have been citing violations, but she claimed the elderly
feel harassed by the inspections and violations. She also mentioned that
homeowners she knows who reside in Sunnyside near the new multi-unit dwellings
are still dealing with drugs and drug selling, seeing fewer police in the area.
There being
no more appearances, Mayor
SPECIAL COMMITTEE REPORTS:
Councilor Byrne gave an update on new Sister
City activities. Councilor Selin thanked Council members for attending the
Youth Commission Picnic.
CITY MANAGERS REPORT:
New Business:
Item No 1: This past year, the City committed to reinvest B
& O Construction taxes generated by the Morgantown High School contract
into public improvements to support the project (sidewalks). At that time,
taxes to be paid were estimated to be $110,000.
Actual taxes to be paid though now total $136,114. The sidewalk project however totals $148,598. Since the total school construction costs of
the project exceed the bond revenue, the Board of Education requests that the
$12,484 difference between the taxes and the sidewalk costs be split between
the Board and the City. Given the public
character of the sidewalk project, I recommend that the $6,242 request be
granted.
After
discussion motion by Byrne, second by Bane to approve the item above. Motion
carried 7-0.
Item No 2: Attached is a memo from the Assistant City Manager
reporting the benefits of an Interdepartmental Data and Software Program that
will effectively integrate a number of City programs and services. I agree with the points he has made and
recommend that the City contract with New World Systems to install the program
for a cost of $150,000.
After
discussion motion by Byrne, second by Bane to approve the item above. Motion
carried 7-0.
Item No 3: The second attachment is a memo reporting a proposed
Capital Escrow Account amendment totaling $989,517. Based upon the merits of the projects and
City Council goals, I recommend that the amendment be adopted.
Motion
by Byrne, second by Bane to approve the item above. Motion carried 7-0.
Item No 4: With increased energy cost, there has been significant
interest in developing natural gas wells in North Central West Virginia. To explore the potential of leasing
undeveloped City properties for such activities, I recommend that the City
partner with the County Development Authority and MUB to jointly seek
competitive bids for leasing rights from qualified firms interested in pursuing
this initiative. Bid results and related
information, will be presented to Council for consideration.
After
discussion motion by Bane, second by Byrne to approve the item above. Motion
carried 7-0.
Item No 5: The third attachment is a proposed policy for the
use of the Public Safety Building and City Hall. Given the absence of such a policy and the
growing demand for meeting places, I recommend that the policy be adopted.
After discussion, motion by Byrne, second by Byrer to
approve the item above. Motion carried 7-0.
Item No. 6: The Woodburn Neighborhood Association working with
the City has realized much success in improving the entrance ways to their
neighborhood. To complete the project,
the Association request $2,200 for an addition sign to mark the area. Given the nature and character of the
activities completed to date, I recommend that the request be granted.
Motion by Byrne, second by Selin to approve the item
above. Motion carried 7-0.
Item No 7: The last attachment is a memo from the Public Works
Director reporting the bid results for installing the new marquee at the
Metropolitan Theatre. I agree with her
comments and recommend that the contract be awarded to the low bidder Maccabee
Industrial, Inc. for a cost of $30,425.
Special Note: The total project cost is $230,000 and should be completed
this fall.
After
discussion, motion by Bane, second by Byrer to approve the item above. Motion
carried 7-0.
CITY CLERK'S REPORT: She gave the Wards
and Boundaries Commission Report. Motion by Byrne, second by Bane to approve the
Report. Motion carried 7-0. Clerk little also mentioned the upcoming Charity
Hot Dog Sale. She thanked Council and all those involved for the Proclamation
they presented to her.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane No Report.
Councilor Gaddis Councilor
Gaddis reported on the latest endeavors of the South Park Neighborhood
Association meeting including lighting. He inquired as to who is responsible
for Building Codes where school buildings are concerned.
Mr.
Boroff responded that schools are not subject to local building codes.
Councilor Byrer Councilor Byrer
inquired about the state of the current PUD for the Augusta citing slippage and
missing traffic signs. He complimented the Employee Newsletter. He commented
that he thinks the City needs more Police Officers. Councilor Byrer mentioned
the Ward and Boundaries Commission report, then spoke about the upcoming election
and what changes need to be made for best voter turnout and efficiency.
Councilor Selin Councilor Selin mentioned
that the Suncrest Neighborhood Association met and that their meeting centered
on rental units and the problems some cause. She said the Youth Commission
retreat was successful. Councilor Selin spoke of the Wheeling Symphony playing
on the Waterfront and how many citizens enjoyed it. She assured that the PUD
will undergo thorough examination and will include all the necessary components
for a multi use complex before it is completed. She stated that she would
support vote by mail if the local election came to that.
Councilor Byrne Councilor
Byrne concurred with Councilor Selin that the Wheeling Symphony was great and that
the Youth Commission picnic was also a good experience. He wished Councilor
Bane and Clerk Little a happy birthday. Lastly he spoke about the comments made
in the Public Portion, stating he agrees the owner occupied neighborhoods are
under pressure and the City should do more.
Councilor Spencer Councilor
Spencer began by citing code enforcement as the biggest issue facing Seventh
and Fourth Wards. He requested that the Police and Code Enforcement Departments
report back to Council what their issues are with enforcement where college
students’ neighborhood disturbing behavior is concerned. He urged Council and
City Administration to find another way to handle these issues. Secondly, he
mentioned graffiti and how a plan should be in place for removal, prevention
and enforcement of such. Next he spoke about the status of the Riverview site.
He then requested information about air-quality data in Morgantown, stating
more air monitors are needed. He mentioned CO poisoning and asked for a report
on the frequency of such incidents and what the City and other municipalities
are doing to raise prevention and awareness. Lastly, he thanked BOPARC for the
great concert, congratulated the County Commission for purchasing a litter
clean-up truck, and mentioned that Arbor Day is approaching and celebrations
will be held on that day.
Mayor Justice Mayor Justice began
by reminding Council that it is not possible to legislate entirely the behavior
of college students. It is an arduous task, but one worth attempting to
maintain appropriate civil boundaries. He mentioned that in order to attain
more properties for owner occupation in our neighborhoods, there must be a
willingness to first attain at least one. He suggested that a new entity be
formed outside of the Housing Authority to accomplish this task. He
complimented the leadership in the Woodburn Neighborhood and shared with
Council a letter they give to new residents stating the traffic and noise
expectations but also welcoming them and inviting them to be a part of the
association and attend meetings. This he states has been given a positive
response. He mentioned the Fall Fest coming up, which will feature food, music
and fun.
ADJOURNMENT: There being no further business, the meeting adjourned by
unanimous consent at 9:55 pm.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.