REGULAR
MEETING OCTOBER 7, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, October
7, 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 September
16, 2008 were approved as printed.
CORRESPONDENCE: Proclamations:
Municipal Government Week, National Business Women’s Week, and Fred Fawcett
Appreciation.
Announcement:
Halloween Trick or Treating Schedule change from 5:30 to 6:30 and Mohawk Bowl
at 8pm to avoid conflict. The Mayor also welcomed a Political Science class and
Journalism class to the meeting.
Presentation
from the WVU Student Board of Governors by Student Body President Jason Parsons
about current projects, where he presented to Council their intent for
participating in the Sunnyside Revitalization Project due to their vested
interests in the well being of the City. He also stated that the SGA wants to
work in cooperation with the City and State on Transportation issues affecting Morgantown–
in particular towing citing several issues they see. Also, inquiring as to the
lack of taxi services in our area.
PUBLIC HEARING - AN ORDINANCE providing for zoning reclassification in the
fourth ward by amending article 1331.02 of planning and zoning code.
Pursuant to a legal notice appearing
in the
John Duarte, 460 Grove Street: opposed
to the zoning reclassification because the development would increase the
population density, add traffic and otherwise congest the area. He felt the
project needs to be reviewed further for the benefit of the citizens in the
immediate area.
Dave Kelly, 235 Jones Avenue: reiterated
the same concerns brought by the other speakers and urged Council to review the
project further before approval.
Mayor
There being no more appearances or
objections, Mayor
PUBLIC HEARING - AN ORDINANCE repealing THE JULY 15, 2008 AUGUST 19, 2008 ordinance and
enacting new amendments to article 925.
Pursuant to a legal notice appearing
in the
There
being no appearances or objections, Mayor
UNFINISHED BUSINESS:
AN ORDINANCE providing for zoning reclassification in the fourth ward by amending
article 1331.02 of planning and zoning code. The below entitled Ordinance was
presented for second 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
discussion, motion by Bane, second by Byrne to Table the above entitled
Ordinance until Planning Commission recommendations from the August 14th
Staff Report are reasonably fulfilled by the Planning Department Staff. Motion
carried 7-0.
AN ORDINANCE repealing THE JULY 15, 2008 AUGUST 19,
2008 ordinance and enacting new amendments to article 925. The below entitled Ordinance was
presented for second 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.
After
discussion, motion by Byrne, second by Bane to approve the above entitled
Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS: No appointments for Boards and Commissions at this
time. Councilor Spencer commended Woodburn for the Information they provided to
the Traffic Commission, which he stated he would share with Council to benefit
the neighborhoods in their wards. Councilor Selin announced the Youth
Commission Voter Forum to be held on Oct. 14th at the Met Theatre
7pm.
NEW BUSINESS:
AN ORDINANCE BY THE CITY OF MORGANTOWN RENAMING AN ALLEY: The below entitled Ordinance was
presented for first reading:
AN ORDINANCE BY THE CITY OF MORGANTOWN
RENAMING ALLEY A, WITHIN THE FIFTH WARD OF THE CITY, TO HOOVER ALLEY.
After
discussion, motion by Byrne, second by Bane to pass the above entitled
Ordinance to second reading. Motion carried 6-1. Councilor Byrer voted NO.
AN ORDINANCE AMENDING SECTIONS OF THE ADMINISTRATIVE CODE: The below
entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 151.02,
151.03, AND 151.04 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AS THE
SAME APPLIES TO TRAFFICE COMMISSION COMPOSITION, MEMBERSHIP, AND DUTIES.
Motion
by Byrne, second by Spencer to pass the above entitled Ordinance to second
reading. Motion carried 7-0.
A RESOLUTION TO OBTAIN $55,000.00 FROM
THE GOVERNOR’S COMMUNITY PARTNERSHIP GRANT TO UPGRADE BALL FIELDS AT KREPPS,
MARILLA, FIRST WARD, ELLIS FIELD AND VALLEY VIEW FIELD. The above
entitled Resolution was presented for approval.
After
discussion, motion by Bane, second by Byrne to approve the above entitled Resolution.
Motion carried 7-0.
A RESOLUTION TO OBTAIN
$105,000.00 FOR THE MET THEATER FROM WV DIVISION OF CULTURE AND HISTORY FOR A
CULTURAL FACILITIES GRANT TO RENOVATE AREAS OF THE THEATRE. The above entitled Resolution was
presented for approval.
After
discussion, motion by Bane, second by Byrne to approve the above entitled
Resolution. Motion carried 7-0.
A REIMBURSEMENT RESOLUTION STATING THE
REASONABLE EXPECTATION OF THE CITY COUNCIL OF THE CITY OF MORGANTOWN TO
REIMBURSE THE MORGANTOWN UTILITY BOARD FO R CAPITAL EXPENDITURES IN CONNECTION
WITH THE DESIGN, ACUISITION, 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 for
approval.
After
discussion, and suspension of the rules to allow for commentary from attorney
Vince Collins; motion by Byrne, second by Spencer to approve the above entitled
Resolution. Motion carried 7-0.
A resolution
providing for submission of a tax increment financing application by and on
behalf of Sunnyside up campus neighborhoods Revitalization Corporation. The above entitled Resolution was
presented for approval.
After
discussion, and explanation from Sunnyside-Up Director, Jim Hunt; motion by Byrne,
second by Spencer to approve the above entitled Resolution. Motion carried 6-1.
Councilor Bane voted NO.
PUBLIC PORTION:
Ruth Donaldson, 1300 Heritage Place: briefed council on the mediation
meeting with WVU student renters that occurred 10/1 with Police Chief Phil
Scott concerning 1280 Colonial Drive conflicts. She stated objectives of the
meeting and the resulting agreements and continuing disagreements. She
continued that the students are continuing to create disrupting noise. She
thanked Council for their support and urged ramifications for the student
behavior.
Nancy Ganz,
1276 Colonial Drive: Reported that she met with community and university
leaders about the Colonial Drive conflicts and asked that more laws be enforced
to help change these behaviors. She stated her’s and the neighborhoods
willingness to cooperate in any way necessary to bring these changes about.
Cathy
Barclay, 615 Kenwood Place: As a neighbor in the area of concern, expressed her
disappointment with the situation at Colonial Drive and feels the Students have
more rights than citizens. She plead for Council’s support in making community
changes and addressing the problem.
John Ganz,
1276 Colonial Drive: presented a handout that all students receive from WVU and
Morgantown Police citing different consequences for inappropriate behavior. He
also attended the mediation meeting and retold those results as well. He
reported that tonight their music was again loud, and is concerned with what he
will returned to find after they continue to party. He thanked Council for
support and for the mediation meeting but reported the students are not
complying and more work needs to be done.
Frank Gutta,
Owner Heritage Apartments: He was recently made aware of the noise and is in
agreement with its effects. He is calling for enforcement of noise ordinances
and will give full cooperation in order to do so.
Leigh
Rosenecker, 621 Jones Avenue: She stated that student partying is a City-wide
problem and called for action thorough the community to solve the issue.
Mayor
Assistant City Manager
Councilor Byrer commented that the
problem is chronic and action needs to be taken.
Councilor Selin suggested changing the
Policing/Enforcement of the area to yield results.
Mayor
SPECIAL COMMITTEE REPORTS: No Reports.
CITY MANAGERS REPORT:
INFORMATION:
Item No 1: The City has been informed that it has been selected
for the Gold Worksite Wellness Award by the
NEW BUSINESS:
Item No 1: Attached you will find a letter from the Morgantown
Area Chamber of Commerce requesting $2,400 to support the Mon River Litter
Removal Program. Given the success of
this program in previous years, I recommend that the request be granted.
Motion by Bane, second by Selin to approve the funding
request for the Litter Removal Program. Motion carried 7-0.
Item No 2: The second attachment is a letter from the
Superintendent of Schools requesting that B & O Construction Taxes from the
old University High School Renovation Project be invested in public
improvements to support the project and the area. Given the City=s
support of the Board of Education, the success of the Morgantown High School
Project, and the merits of the proposal, I recommend that the request be
granted.
After discussion that funds will be used on the
relocation of water utility lines and the improvements to the roadway. Motion
by Bane, second by Spencer to approve the usage of said tax funds for the
Renovation Project. Motion carried 7-0.
CITY CLERK'S REPORT: No Report.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor
Bane stated briefly that his disagreement for the TIF in Sunnyside and claimed
the decision is not a frugal one.
City
Attorney
Councilor Gaddis: Councilor
Gaddis commented that at the Greenmont Neighborhood Meeting there was also
discussion on underage college parties which are becoming problematic, the
overflow of which moves into the Downtown Area when parties conclude.
Councilor Byrer: Councilor
Byrer said that we need to keep up with the growth in
Mayor
Councilor Selin: Councilor
Selin mentioned that Year of the Child initiatives are closely related to this
neighborhood issue, in preserving young families and neighborhood schools.
Concerning Sunnyside Up, she clarified that the City Manager is the “Point
Person” for legal purposes. She informed about Event Lights on 10/13 at the
Morgantown Mall, and Take a Flower to Child Care Day on 10/21.
Councilor Byrne: Councilor Byrne commented that it is
their responsibility to be accountable to the Citizens and therefore must
resolve all the partying issues in all the neighborhoods before it becomes out
of control. He suggested devising a legal plan to deal with them, and then
follow through. He closed his comments by thanking citizens for their patience
while the situation is handled.
Councilor Spencer: He mentioned that for the Citizens
on Colonial Avenue having patience to deal with this issue must be difficult.
He applauds the neighbors for coping and feels indebted to those who are
handling the situation. He inquired as to the status of alcohol control within
the City. He thanked Councilor Byrer for the Vote by Mail info, and will attend
the meeting. He suggested to Council an alternative treat to pass out to Halloween
Trick or Treaters.
Mayor
ADJOURNMENT: There being no further business, the meeting adjourned by
unanimous consent at 9:40pm.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.