REGULAR MEETING MARCH 4, 2003:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 4, 2003, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Florence Merow.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on February 18, 2003, were approved as printed.



CORRESPONDENCE:



Councilor Manilla read part of S. Dale McGill's letter about using cinders.



Councilor Merow noted a thank you card from Suncrest Middle School and Michael Corrigan's letter about the Walnut Street ramp area.



City Clerk Little presented an "It's my gavel" T-shirt to Mayor Justice.



Mayor Justice presented memorial plaques for the Vance Mile and the Fidazzo Mile to their families and presented plaques for the Coffindaffer Mile to Billy Coffindaffer and the Good Bridge to Greg Good. Councilor Manilla spoke about Gene Vance; Lt. Downes, Police Dept., commented about Frank Fidazzo; Councilor Scafella reflected on Mr. Coffindaffer's vision and Mayor Justice spoke about Mr. Good.



Mayor Justice read a proclamation for Women's History Month.

PUBLIC HEARING - AMENDING SECTION 5(20) OF THE ZONING ORDINANCE; AND AMENDING 17.1(3) TO ADD "G":



Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.



Don Trevorrow, 512 Milford Street, spoke about increasing student population density.



Bill Burton, Resident, spoke against the ordinance.



John Duarte, 460 Grove Street, spoke against the ordinance.



James Guiliani, 256 Prarie Avenue, spoke about increasing this to all areas not just a PUD.



There being no more appearances or objections, Mayor Justice declared this hearing closed.



UNFINISHED BUSINESS:



AN ORDINANCE AMENDING SECTION 5 (20) OF THE ZONING ORDINANCE; AND AMENDING 17.1(3) TO ADD "G": The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING SECTION 5 (20) OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN TO CHANGE THE DEFINITION OF FAMILY; AND AMENDING 17.1(3) TO ADD "G" AS THE SAME APPLIES TO THE REGULATION OF THE NUMBER OF PEOPLE THAT CAN OCCUPY RESIDENTIAL UNITS IN A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.

After discussion, motion by Miller, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.

PUBLIC PORTION:



Jerry Ashdown voiced complaints about cinders.



John Duarte, 460 Grove Street, read section 1145.01 and commented about garbage.



Jim Gaston, 720 Powell Avenue, thanked City Manager Boroff for his letter clarifying airport expenditures.



Joan Beard, 632 Astor Avenue, commented on the devastation of greenspace in White Park for proposed development by BOPARC.



Mayor Justice proposed that Councilors Scafella, Bane, Byrne, and Greg Good help BOPARC and citizens look for mini golf course site alternatives.



Susan Schneider, Local Audobon Society President, spoke about keeping White Park greenspace.



Bob Glover, Maple Avenue, commented on the downtown loading zone plan.



James Kotcon, WV Sierra Club, asked Council to consider a resolution of support for the bottle bill in the State legislature.



Sierra Student Coalition, presented a copy of a petition for a State container law.



Bill Warnick, Willowdale Road, thanked Councilor Scafella for placing Willowdale on the Traffic Commision agenda.



Don Trevorrow, 512 Milford Street, spoke against development of White Park and against the TIF resolution for The Square at Falling Run.

James Guiliani, 256 Prarie Avenue, commented on landlords and historical preservation.



NEW BUSINESS:



AN ORDINANCE CREATING ARTICLE 156; ESTABLISHING A METROPOLITAN THEATRE COMMISSION: The following entitled Ordinance was presented for first reading:



AN ORDINANCE CREATING A NEW ARTICLE 156 WITHIN THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN; ESTABLISHING A METROPOLITAN THEATRE COMMISSION AND SETTING FORTH THE COMMISSION'S AUTHORITY AND DUTIES.



After discussion, motion by Bane, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE AMENDING SECTION 304.04(a) DESIGNATING WAVERLY STREET, BELMAR AVENUE AND PART OF NORTH HIGH STREET AS ONE WAY STREETS: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AMENDING SECTION 304.04(a) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN AS THE SAME PERTAINS TO DESIGNATING WAVERLY STREET FROM PRICE STREET TO NORTH HIGH STREET, NORTH HIGH STREET FROM WAVERLY STREET TO BELMAR AVENUE, AND BELMAR AVENUE FROM NORTH HIGH STREET TO PRICE STREET AS ONE WAY STREETS.



After discussion, motion by Merow, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR FY 2003-2004: The following entitled Ordinance was presented for first reading:



AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2003-2004.



After discussion and an amendment with up to date figures by the City Manager, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.



A RESOLUTION THAT THE SQUARE AT FALLING RUN, LLC, HAS REQUESTED THE COOPERATION AND ASSISTANCE OF THE CITY IN CONNECTION WITH THE ISSUANCE OF TAX INCREMENT FINANCING OBLIGATIONS UNDER AND PURSUANT TO THE ACT, TO FINANCE A PORTION OF A PROJECT(THE PROJECT) CONSISTING GENERALLY OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW APARTMENT BUILDING, PARKING FACILITIES TO BE LOCATED ON OR NEAR FALLING RUN ROAD IN THE CITY OF MORGANTOWN, AT AN ESTIMATED COST OF $35,000,000: The above entitled Resolution was presented for Council's approval:



After discussion, motion by Miller, second by Byrne, to pass the above entitled Resolution. Motion carried 7-0.

The rules were suspended to allow Scott Crable, Triad Engineering Vice President, to comment on Item 10B (one way streets)and present pictures of the fraternity house driveway.



CITY MANAGERS REPORT:



INFORMATION:



Item No. 1:



The first attachment is a recommendation from the Loading Zone Subcommittee of the Downtown Task Force listing changes for the Downtown Loading Zone Plan. Based upon the public meetings held and the technical considerations involved, I will implement these suggestions with City Council's concurrence.



NEW BUSINESS:



Item No. 1:



The second attachment includes proposals to refinance the Public Safety Building for a savings of approximately $400,000. As per discussions at the recent Committee of the Whole Meeting, I recommend that the project be given to Crews and Associates for an underwriter's fee of 1% and that Steptoe and Johnson be employed as bond council (fee included as part of Crews's cost of issuance). Special Note: Process may be started on March 18th with the first reading of the ordinance and closed in mid April. The project will be administered by the Morgantown Building Commission and City Council as prescribed by State law.



Motion by Scafella, second by Byrne, to refinance the Public Safety Building. Motion carried 7-0.



Item No. 2:



The third attachment is a memo from the Assistant City Manager that was also discussed at the last meeting. I recommend that the Newsletter initiative proposed be approved and implemented this coming fiscal year.



Approved by acclamation.



Item No 3:



The fourth attachment describes the Employer Assisted Loan Program. Based upon the benefits of this State program for City employees that may purchase a house, I recommend that Council approve participation in this program and implement it through the Morgantown Housing Authority.



Motion by Byrne, second by Merow, to participate in the Employer Assisted Loan Program. Motion carried 7-0.





Item No 4:



The fifth attachment reports bid results for a Public Works Department 1 Ton Dump Truck. I agree with the Public Works Director's finding and recommend that the bid be awarded to the low bidder Matheny Buick & GMC for $28,996.



Motion by Miller, second by Merow, to award the 1 ton dump truck bid to Matheny Buick & GMC for $28,996. Motion carried 7-0.

Item No 5:



The last attachment is the proposed paving list for 2003 that includes $20,000 for Southpoint Circle. I recommend that the list be adopted with the contingencies noted for a total project cost of $250,000.



After discussion, motion by Bane, second by Scafella, to approve the 2003 paving list. Motion carried 7-0.



CITY CLERK'S REPORT:



No Report.

CITY ATTORNEY'S REPORT:



No Report.

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane reported on cars stolen from garages and requested quarterly reports on police activities by ward, fallen reflectors on S. University, and TIF concerns.

Councilor Manilla: Councilor Manilla commented on the bottle bill, truck loading zone notification, apologized that Mr. Glover was not notified, requested cinders on COW agenda, and the DOH will report on Beechurst in June.



Councilor Scafella: Councilor Scafella spoke about cinders and a USA Today article on University towns and problems.



Councilor Miller: Councilor Miller apologized for taking a phone call, noted snow being pushed back on sidewalks by plows, requested 2 seats on Human Rights Commission for WVU students, and clarified slums and historic rental buildings.







Councilor Byrne: Councilor Byrne endorsed the bottle bill and cinders on COW agenda, and that the public portion was constructive.



Councilor Merow: Councilor Merow commented on Deputy Mayor's position, streets with ashes are health hazards, and the use of the gavel.





Mayor Justice: Mayor Justice asked Council to remind state legislators of Dorsey Knob and Walnut Street funding requests, noted BOPARC board meeting about White Park and thanked City staff for working on the Square at Falling Run public hearing.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:45p.m.







_____________________________ __________________________________

City Clerk Mayor



*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.