REGULAR
MEETING SEPTEMBER 16, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, September
16, 2008 at 7:30 p.m.
PRESENT: Mayor
Assistant City Manager
The meeting was called to order by Mayor
APPROVAL OF MINUTES: Minutes from the regular meeting on September
2, 2008 were approved as printed.
CORRESPONDENCE: Proclamation:
Constitution Week; Mayor mentioned Assisted Living week was celebrated last
week at Heritage Point; Arbor Day celebrated Saturday events @ farmer’s market.
PUBLIC HEARING -
AN ORDINANCE AMENDING SECTIONS OF ARTICLE 1701, ENFORCEMENT:
Pursuant to a legal notice appearing
in the
John Duarte spoke opposing the changes
to article 1701.
City Attorney gave an explanation to
Mr. Duarte and the public that changes to this and the following Ordinances were
brought about as mandated by state code.
There being no more appearances or
objections, Mayor
PUBLIC HEARING -AN ORDINANCE DELETING
SECTIONS OF ARTICLE 1705, PERMITS AND FEES:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING -AN ORDINANCE AMENDING
SECTION 717.01, NATIONAL ELECTRIC CODE:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING -AN ORDINANCE REPEALING
ARTICLE 1719, UNSAFE STRUCTURES:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING -AN ORDINANCE REPEALING
ARTICLE 1725, GAS APPLIANCES AND STRUCTURES:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE
REPEALING ARTICLE 1733, AND REPLACE WITH APPENDIX H OF INTERNATIONAL BUILDING
CODE:
Pursuant
to a legal notice appearing in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE
REPEALING ARTICLE 1739, TRAILERS:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE AMENDING
AND REPEALING SECTIONS OF ARTICLE 1751, RENTAL HOUSING:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE APPROVING
LEASE REVENUE BONDS FOR NORTH SIDE FIRE STATION:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - 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”.
Pursuant to a legal notice appearing
in the
Jim Hunt, Director of Sunnyside Up: Spoke
on behalf of the project, and asked for support of the TIF to revitalize the
area. He cited all the benefits that the City and the Sunnyside area would
reap. He also explained to the citizens the process, and the intended
infrastructure improvements associated with the TIF.
John Duarte opposed the TIF because of
the boundary confusion related to the adjacent Wiles Hill Neighborhood. He requested
that the Resolution be tabled until boundaries are more defined to exclude his
neighborhood and ensure its future as an owner occupied area.
Zane Shuck, 401 Highview Place: Spoke
on behalf of the Wiles Hill Neighborhood Association and stated that he is confused
about the TIF boundaries and opposes Council’s passing of this Resolution until
boundaries are identified more clearly to be sure they exclude Wiles Hill.
Duane Nichols, President Unitarian Fellowship:
Concurred with, and reiterated the comments of the previous citizen speakers,
showing an unwillingness to support the TIF and its current boundaries.
Renee Rieke, 459 Melrose: Concurred
with, and reiterated the comments of the previous citizen speakers, showing an
unwillingness to support the TIF and its current boundaries.
Dave McCain, 155 Ogden Avenue: Requested
the maps should be reviewed and concurred with, and reiterated the comments of
the previous citizen speakers, showing an unwillingness to support the TIF and
its current boundaries.
Chuck Rosenecker, 621 Jones Avenue: concurred
with, and reiterated the comments of the previous citizen speakers, showing an
unwillingness to support the TIF and its current boundaries.
Michael Kay, 424 Hill Street: concurred
with, and reiterated the comments of the previous citizen speakers, showing an
unwillingness to support the TIF and its current boundaries.
There being no more appearances or
objections, Mayor
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING
SECTIONS OF ARTICLE 1701, ENFORCEMENT: The below entitled Ordinance was
presented for second 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 Bane, second by Byrne to approve the above entitled Ordinance.
Motion carried 7-0.
AN ORDINANCE DELETING
SECTIONS OF ARTICLE 1705, PERMITS AND FEES: The below entitled Ordinance was
presented for second 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 Bane, second by Spencer to approve the above entitled Ordinance.
Motion carried 7-0.
AN ORDINANCE AMENDING
SECTION 717.01, NATIONAL ELECTRIC CODE: The below entitled Ordinance was
presented for second 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 approve the above entitled
Ordinance .
Motion carried 7-0.
AN ORDINANCE
REPEALING ARTICLE 1719, UNSAFE STRUCTURES: The below entitled Ordinance was
presented for second 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 Spencer, second Bane by to approve the above entitled Ordinance.
Motion carried 6-1. Byrne voted no.
AN ORDINANCE
REPEALING ARTICLE 1725, GAS APPLIANCES AND ACCESSORIES: The below entitled Ordinance was
presented for second 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 Bane, second by Gaddis to approve the above entitled Ordinance.
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 second 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 Spencer, second by Gaddis to approve
the above entitled Ordinance. Motion carried 6-1. Bane voted no.
AN ORDINANCE
REPEALING ARTICLE 1739, TRAILERS: The below entitled Ordinance was presented for second reading:
AN
ORDINANCE repealing article 1739 of the
City of Morgantown building and housing code, as the same applies to trailers.
Motion
by Bane, second by Gaddis to approve the above entitled Ordinance .Motion
carried 7-0.
AN ORDINANCE AMENDING
AND REPEALING SECTIONS OF ARTICLE 1751, RENTAL HOUSING: The below entitled Ordinance was
presented for second 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 Gaddis to approve the above entitled Ordinance.
Motion carried 4-3. Selin, Byrne and Justice voted no.
AN ORDINANCE APPROVING LEASE REVENUE
BONDS FOR NORTH SIDE FIRE STATION: The
below entitled Ordinance was presented for second 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 Bane, second
by Selin to approve the above entitled Ordinance. Motion carried 6-1. Byrer
voted no.
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 second reading:
After discussion, motion by Byrne,
second by Selin to exclude the Wiles Hill Neighborhood from the TIF map. Motion
carried 5-2 to accept the Boundary adjustment. Bane abstained with complete
objection to the TIF, Spencer Voted no.
After
further explanation from the City Manager and Vince Collins, motion by Byrne,
second by Spencer to approve the above entitled Resolution. Motion carried 5-2.
Bane voted no, Gaddis abstained citing a lack of clarity in the TIF for the
Citizens.
BOARDS AND
COMMISSIONS: No
appointments for Boards and Commissions at this time.
NEW BUSINESS:
AN ORDINANCE repealing THE JULY 15, 2008 AUGUST 19, 2008 ordinance (sewer
rates): The below
entitled Ordinance was presented for first reading:
AN ORDINANCE repealing
THE JULY 15, 2008 AUGUST 19, 2008 ordinance making amendments to article 925 of
the Morgantown city code (sewer rates), and enacting new amendments to article
925.
Motion
by Byrer, second by Bane to pass the above entitled Ordinance to second
reading. Motion carried 7-0.
PUBLIC PORTION: Mayor Justice began by
thanking citizens for patience with the lengthy meeting. He asked that speakers
with concerns other than the main Colonial Avenue issue at hand please speak
first, and then we will return to further concerns afterwards.
Jenny
Dinsmore, 393 Mulberry Street, President Suncrest NH. Assoc: Suggested that,
Council when discussing housing issues, consider appointing a new member to
represent 7th ward on the Building Code Appeals Board. She asked
them to consider this at the next COW meeting.
John Duarte,
460 Grove Street: Reiterated his concerns for the TIF in Sunnyside and stated
his complete opposition to it. He repeated his concern for Wiles Hill being
included in the TIF and asked again for the Resolution to be tabled to fix the
boundary concerns.
Michael Kay,
424 Hill Street: Stated the maps were confusing for the TIF boundaries and
asked Council to look again, fixing any anomalies.
Mayor: Asked
citizens to move onto comments regarding Colonial Drive. He explained to
citizens the COW meeting process and how they will define a single family home.
He asked for the remainder of the Public Portion to flow like a Town meeting open
forum where Council answers and addresses questions directly at this time.
Ruth
Donaldson, 1300 Heritage Place: Mentioned that she appreciated hearing about
the boundaries concerning Wiles Hill. She defined single family dwelling and
stated that in Suncrest many single family dwellings are being bought and
rented to more than 3 unrelated persons. She cited behavior problems for some
renters including trash, lawn care, parties and parking. She asked Council for
help in resolving these issues in her neighborhood.
Councilor
Byrer asked her if she was ever threatened directly, she replied no, but that
friends of hers have.
Nancy Ganz,
1276 Colonial Drive: Reported that she fears for her family in their own home
because of the parties that occur constantly in rental properties in her
neighborhood. She plead for help from Council to resolve these issues.
Helen
Quarrick 1288 Colonial Drive: Stated that WVU should hire two full time police
officers to patrol rental areas and help with the issues. She said Code
Enforcement and MPD do not have the resources to divide all their attention to
this matter, citing the “unplanned growth” of the University and Student
population. She asked for a staff and an office devoted entirely to
citizen-student and university-city relations. She reminded Council that the
drinking is constant and daily in the neighborhoods.
Councilor
Selin mentioned the provisions in some leases about what behavior is
acceptable, and how some landlords intervene where necessary. She inquired as
to whether the landlord in question did so. Mrs. Quarrick replied, no.
Councilor
Byrne asked whether the houses in question were true rentals, or purchased by
parents who allow dependents to reside there unsupervised. It was decided the
house is a rental.
Councilor
Bane requested a police officer patrol outside of Mrs. Ganz’s house for the
remainder of the week because he feels she needs the protection.
Councilor
Byrer asked whether Police are following proper fining procedure when they
catch students out of control in residential areas.
Joann Evans, 1285 Anderson Avenue: Stated
that the problems in Suncrest have recently escalated and the City and WVU need
to work together to resolve the issues.
Paul Zepp,
679 Bellaire Drive: Asked Council to place themselves in their positions where
their favorite neighbor moved away and the house was rented to loud and wild
students, and asked them, “what would you do?”
Jim Fishback,
1293 G Van Vhooris Road: Agreed with other speakers about the amount of noise
and parties that occur, and asked the City to help the Citizens in need.
Councilor
Spencer asked Mr. Fishback to elaborate on the specific incidences where such
disturbances occur.
Mrs. Quarric
then suggested where and how Police should patrol these areas.
John Ganz, 1276 Colonial Drive: Stated
that the neighborhood parties instigate one another to become larger and more
out of control. He expressed disapproval for the jobs that Code and Police have
done to fix the behavior problems in their area. Feels he is given excuses for
why steps cannot be taken. He reported smelling marijuana smoke that emits from
a house nearby, and the trash that piles up from their house.
Mayor Justice
asked for more information about the house in question.
Mrs. Ganz helped elaborate on the
details of the house in question.
Councilor Bane inquired as to whether
the newly passed Nuisance Ordinance can be enforced to help the Citizens that
have come forward with the above complaints.
Mr. Ganz continued to state that he
feels unsafe when outside and away from his house because of the student’s
behavior, citing specific incidents of dangerous situations that transpire.
Councilor
Selin asked about a fire incident that occurred at Mr. Ganz’s house.
Mrs. Ganz
explained to Council about the fire that occurred on the deck of their house.
Mayor Justice
requested a report back to Council from the City Manager on the issues at hand
and asked for another meeting with the involved citizens to resolve the issues.
Mr. Ganz
continued again to elaborate on trash from rental housing and incidents of
trash pick up on his street. He argued about the commercial service rentals
receive and the amount of alcohol related garbage is generated therein.
Councilor
Byrne inquired as to whether there is proof that monies were exchanged for
alcohol or drugs on the premises in question.
Mrs. Ganz
interjected her response stating that when her daughter was home alone the
student neighbors offered her to come over and party “for free”.
Councilor
Bane then insisted the City gain the assistance of higher authorities.
Mayor Justice,
reminded Council that an Ordinance in place requires Regular Meeting business
to be concluded by 11pm, and promised Citizens that after completion of the
CMR, they will return to the discussion at hand until 11pm.
Councilor
Byrer added a suggestion of including Magistrate and Municipal Court Judges,
and the WVU Board of Governor’s to help solve the problems.
SPECIAL COMMITTEE REPORTS: No Report.
CITY MANAGERS REPORT:
New Business:
Item No. 1: Attached you will find a memo from the Airport
Director reporting bid results for a new Aircraft Rescue & Firefighting
(ARFF) Vehicle. I agree with his comments
and recommend that the contract be awarded to the low bidder Rosenbauer America
with Alternate B (infrared search capability) and Additive Alternative 1 (loose
tools, equipment, SCBD) for a total cost of $648,405. Special Note: The City=s share of this FAA project is $17,319.
Motion by Selin, second by Byrer to approve the above
item. Motion carried 7-0.
Item No. 2: The second attachment is a memo from the Public
Works Director reporting bid results for salt for the Cities of Granville, Star
City, Westover, and Morgantown. I agree
with her comments and recommend that the contract be awarded to the low bidder
Cargill for a cost of $85 per ton.
Special Note: This vendor cannot assure additional salt beyond the
amounts listed (the City is seeking additional sources in the event of a severe
winter).
Motion
by Byrne, second by Byrer to approve the above item. Motion carried 7-0.
Item No.3: The third attachment is the proposed engagement
letter for Steptoe & Johnson to serve as the City=s bond counsel for Lease Revenue Bonds, Series 2008 A
(North Side Fire Station Project) for a fee of $34,000. Given the firm=s
expertise and experience, I recommend that the letter be authorized.
Motion by Bane, second by Selin to approve the above
item. Motion carried 7-0.
Item No. 4: The last attachment is also a proposed engagement
letter for Steptoe & Johnson to serve as City counsel for Creation of TIF
District and Approval of Project Plan for Sunnyside Up Campus Neighborhoods
Revitalization Corporation for hourly fees reported on page 2. Given the firm=s
expertise and experience, I recommend that the letter be authorized.
Motion by Byrer, second by Selin to approve the above
item. Motion carried 5-2. Bane and Gaddis voted no.
CITY CLERK'S REPORT: No Report.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS: Due to the lengthy nature of the
Public Hearings and Public Portion, Councilors did not give their regular
Council Report.
At
this time the Councilors and Citizens present continued to exchange information
and discuss the above stated issues.
When
there were no more appearances, due to the time constraints, Mayor Justice
declared this public portion closed.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous
consent at 11:00 pm.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.