REGULAR
MEETING NOVEMBER 5, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, October
21, 2008 at 7:30 p.m.
PRESENT: Mayor
The Pledge of
Allegiance was led by Scout Troup 74 – Cheat Lake Latter Day Saints.
APPROVAL OF MINUTES: Minutes from the regular meeting on October
21, 2008 were approved as printed.
CORRESPONDENCE: Mayor Justice mentioned the plaques being given honoring
citizens involved with the Morgantown Streetscape Project . Councilor Byrne presented the plaques
to the late Carl Sellinger’s wife, and to Carol Gaujot. Sandra Overby was
absent for the plaque presentation.
Councilor
Spencer read a Proclamation for National Home Health Care Month. Mayor Justice
presented a Proclamation to students from St. Frances Central School about the
importance of Cluster Bomb Awareness.
Mayor
Justice also mentioned the letter to Council from George Papandreas, in
reference to his concerns about the new sidewalks on High Street.
BOARDS AND COMMISSIONS: No appointments at this time.
NEW BUSINESS:
AN
ORDINANCE PROVIDING FOR ZONING RECLASSIFICATION OF PARCELS IN THE FOURTH WARD: The below entitled Ordinance was
presented for first reading:
an ordinance providing for the
zoning reclassification of seven parcels of real estate in the third and fourth
wards of the City of Morgantown from R-2, single and two-family residential
district; b-2, service business district; and b-4 general business district to
PUD, planned unit development district by amending article 1331.02 of the
planning and zoning code of the City of Morgantown as shown in the exhibit
hereto attached and declared to be a part of this ordinance as if the same was
fully set forth therein.
Motion by Spencer, second by Byrne to pass the above entitled
Ordinance to second reading. Motion carried 7-0.
An
ordinance vacating, abandoning and annulling an unnamed right-of-way in the
seventh ward: The
below entitled Ordinance was presented for first reading:
an ordinance vacating, abandoning,
and annulling a 12’ wide portion of an unnamed right-of-way, extending and
running a distance of approximately one hundred feet from its intersection of
Inglewood boulevard in the seventh ward of the City of Morgantown, Monongalia
county, WEST Virginia, not used nor useful for street purposes.
After discussion, motion by Byrne, second by Bane to pass the
above entitled Ordinance to second reading. Motion failed 2-5, Councilors Bane
Justice voted YES; Councilors Gaddis, Byrer, Selin, Byrne, and Spencer voted
NO.
an
ordinance repealing sections of the general offences code: The below entitled Ordinance was
presented for first reading:
an ordinance repealing subsection
527.04(k) of the general offences code of the City of Morgantown as the same
applies to the use of engine brakes and compression brakes.
After
discussion, motion by Bane, second by Spencer to pass the above entitled
Ordinance to second reading. Motion carried 4-3. Councilors Byrer, Selin, and
Byrne voted NO.
a
resolution establishing a 1% for art in public places municipal policy: The above entitled Resolution was
presented for approval:
Motion
by Spencer, second by Byrne to approve the above entitled Resolution. Motion
carried 7-0.
PUBLIC PORTION: Don Corwin, 221 Beechurst, Owner –
Wincorp: asked Council to reject the zoning Ordinance that will allow for the
Westminster House PUD. He expressed that he feels the redefining of a family
dwelling leads to complex legal issues. He cited several reasons he feels the
development should not be allowed.
Dave Biafora,
Developer: spoke against the Westminster House PUD, and feels the Council is
moving the approval process forward too quickly. He asked them to use common
sense in this decision and give workshops for these projects. He repeated that
parking is going to be a serious issue.
Dave Kelly,
235 Jones: stated that in his view, he is concerned that with this zoning
Ordinance there will never be any more public review of future plans. He
expressed that a plan such as this could create a domino effect. He also
mentioned parking as a main concern.
Joe Panico,
Beechurst: asked Council why there were fewer meetings on this PUD than others
before, and feels there should be more input from different sources before
approval. He stated that the public is not informed of these plans until the
Public Hearing. He wished the public has more of a voice in the planning
process and that it should be reviewed by more than just in house staff.
Michael
Shuman, 735 Willey: Reiterated the sentiments of the previous speakers and
repeated that parking is the main concern for this development. He stated that
traffic is very heavy and this project will create more traffic, and the issue
needs to be looked at more carefully before approval.
James Giuliani,
256 Prairie: Commented on the annulment of streets and rights of ways and the
process it entails. Concerning the Westminster House, he stated that he agrees
with the statements of the other speakers. He does not believe that the Project
will ever meet tax exempt status, and asked that the Church prove to Council
why their project is legal. He expressed concern for how many people can and
should reside in the PUD.
Lee Mullett,
4140 Cove Pt: answered to those in opposition about how many students will
reside per unit, stating RA’s and other administrators will be there to
supervise students. She informed Council that projects like this have been
successful in Small University Cities across the nation.
Jerry Stone
908 Cottonwood: Thanked Council for voting for the PUD Ordinance, and informed
Council on the history of the day care center and how and why the PUD came
about. He explained what will make the PUD tax exempt and exactly what the
building will be used for. He also stated that there were more than an adequate
number of meetings and information given to the Planning Commission during the
PUD application process.
Pat Kirby,
532 Hess: spoke to dispel the rumors that the Church wanted to become a
developer by applying for the PUD. He stated that they planned very carefully
for the impact it would have on the City, that the building would be “green”
and serve a meaningful purpose for students and the community.
Sharon Portaro:
explained the mission of the Westminster PUD, and that it would serve infants,
after school aged children and up to college students and adults. She stated
that it would create jobs and that the purpose is to serve the community. Their
objective is not to make a profit but generate the funds necessary to keep the
child care center running at the lowest cost possible to families.
SPECIAL COMMITTEE REPORTS: No Reports.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No 1: As discussed at the recent Committee of the Whole
meeting, the Parent Zone Website is an important source of information for
parents during the Year of the Child. To
support this initiative, attached you will find the budget information
presented at the meeting. Based upon the
merits of the project, I recommend that the $2,500 request be granted.
Motion by Spencer, second by Byrne to approve the funding
request for the Parent Zone Website. Motion carried 7-0.
Item No 2: The second attachment is a request from Main Street
Morgantown for $30,000 to assist with a $415,000 structure to house the
seasonal Farmers= Market on Spruce Street. Given the local products sold and the crowds
attracted to the Downtown, I recommend that the request be granted.
After
discussion motion by Byrne second by Spencer to approve the funding request for
Main Street Morgantown. Motion carried 7-0.
Item No 3: Recently the FAA has requested additional information
to support the Airport Development Project (Light Industrial/Business/Research
Park; new General Aviation and Commercial Hangars; and National Guard Readiness
Center). To fund requested appraisals
and limited engineering, I recommend that $15,000 be approved in the Capital
Escrow Account for these expenditures.
Motion
by Bane second, by Gaddis to approve the appraisals and engineering for the
Airport Development Project. Motion carried 7-0.
Item No 4: An important City Council priority is energy
conservation and related concerns about the environment. To advance an important implementing project
and as per the attached memo from the Assistant City Manager, I recommend that
the City execute the attached Letter of Interest with CLT Efficient
Technologies. With this action, the City
will set in motion an investment grade audit of the City=s energy consumption; adoption of investments to
improve energy efficiency; and mid term monitoring and management of City
energy use. The project will include
municipal facilities, the City=s street lighting system, and traffic signals.
Motion
by Spencer second by Bane to approve the execution of the letter of interest
with CLT Technologies. Motion carried 7-0.
CITY CLERK'S REPORT: No Report.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor
Bane commented that Council should limit spending and focus on employees and
pay raises. He mentioned that the economy may not improve and Council should be
responsible and really look at the needs of the City first before any major
spending.
Councilor Gaddis: Councilor
Gaddis asked the City Manager to check into the condition of taxi vehicles in
the area, commenting they may not be safe enough. He cited that several
vehicles look and seem in disrepair.
Councilor Byrer: Councilor
Byrer added that citizens are not heeding stop signs which could be a danger,
and this should be monitored by the police. He inquired as to whether there will
be a Veteran’s Day Parade, and mentioned the Marquee at the Met Theatre, and
the curbs on High Street. He asked when the Service Fee idea would come about
again for discussion.
Mr.
Boroff replied he will get back to Council when a report on the Service Fee is
available.
Council Byrer concluded by announcing the
Wiles Hill Neighborhood Association Meeting will be held on 11/13.
Councilor Selin: Councilor
Selin spoke on the topic of Street Annulments, stating she feels citizens
should be made aware more of when and where they are being considered. In
reference to Public Commission meetings, citizens are free to attend and speak
on the topics at hand. She commented to Councilor Bane that she agrees with his
insight on the budget, and agrees that the City should be mindful of the
economic state of the Nation and be frugal with its finances. She agreed with
Councilor Gaddis on the state of the Taxi services in the area. She mentioned curbs
and tree wells on High Street, stating that the grates on the PSB are being
skewed by root growth from the trees, and that should be considered before
implementation of a similar grate on High Street. Councilor Selin stated that
the Suncrest Neighborhood Association is concerned with the bridge façade that
will be decided upon by the Historic Landmarks Commission and requested more
information to bring the suggestions to the attention of the Commission.
Councilor
Byrer told Councilor Selin when the Commission meets on the 3rd
Monday of the Month at 4 pm.
Councilor Byrne: Councilor Byrne reminded all that
the Sister City Meeting is on 11/6 at 4:30pm in the Public Safety Building. He
mentioned that Jason from the WVU Student Board of Governors wants to become
involved in solving the problems with towing companies. He mentioned an article
in the state journal about Morgantown’s exploration of the Energy Savings
Program.
Councilor Spencer: Councilor
Spencer reported the complaints he received about the time set by Council for
this year’s Halloween trick or treating. He suggested next year this conflict
with the Mohawk bowl is avoided. He asked if he could add the Noise Ordinance to
the Committee of the Whole Agenda.
Mayor
Justice suggested that it would be better for the Noise and Nuisance Ordinances
to wait until January of 2009 to be reviewed by the Committee of the Whole.
Councilor
Spencer also requested that the Home Rule be looked at in the COW Legislative
session. He spoke about the water quality in the City and expressed concern
that the gas drilling is contaminating the water as the residues from drilling
are not being properly filtered out. He closed by commenting on the election
and how it’s outcome could possibly positively effect municipalities and
infrastructure.
Mayor
ADJOURNMENT: There being no further business, the meeting adjourned by
unanimous consent at 9:58 pm.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.