REGULAR MEETING APRIL 1, 2003:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 1, 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 March 18, 2003, were approved as printed.
CORRESPONDENCE:
Councilor Byrne read a proclamation for National Library Week and introduced Library board members.
Mayor Justice read a proclamation for the Week of the Young Child and presented it to Councilor Bane.
Mayor Justice noted a memo from John Duarte regarding parking on Grove Street and two memos from Mac Warner about burying utilities throughout the Square at Falling Run.
Mayor Justice announced Arbor Day celebration for the Tree Board, summarized a letter from Evan Hansen of Friends of Deckers Creek, mentioned the Board of Education letter of an informational meeting for the building bond election and Juanita Williams' letter about TBN being moved to a digital channel.
Motion by Scafella, second by Bane to send a letter to Adelphia from City Council. Motion carried 7-0.
PUBLIC HEARING - AMENDING 305.04(a) OF THE TRAFFIC CODE NORTH HIGH STREET TO PRICE STREET AS ONE WAY STREETS :
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Scott Crable, for owners of Phi Kappa Alpha, spoke against the ordinance.
Dan Rapacz, 216 Belmar Avenue, had sent pictures to Council and spoke in favor of the ordinance.
Steven Turner, fraternity member, spoke in favor of the ordinance.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING 305.04(a) OF THE TRAFFIC CODE BELMAR AVENUE FROM NORTH HIGH STREET TO PRICE STREET AS ONE WAY STREETS: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 305.04(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 Miller, second by Byrne, to adopt the above entitled ordinance.
Motion by Bane, second by Scafella, to table the ordinance and send back to Traffic Commission. Motion carried 7-0.
BOARDS AND COMMISSIONS
By acclamation, Citizens Advisory Committee reappointments were Mary Creamer, Lisa Dandy, Robert Losh, Jan Derry, Michael Manypenny, Joetta Moore, Harper Grimm and Joan Gibson. Appointments were Samatha Holvey for MHS and Alex North for UHS.
By acclamation, Phil Shuman and Roy Nutter were reappointed to the Traffic Commission.
PUBLIC PORTION:
John Duarte, 460 Grove Street, spoke against the PUD rezoning ordinance.
Bill Wonderlin, 1353 Headlee Avenue, spoke against the Longview power plant.
James Kotcon, WV Sierra club, spoke in favor of the bottle bill resolution and presented informational handouts against the Gen Power/Longview power plant.
Jim Nabors, MPD Lt., requested rewarding of their service revolver to police officers upon retirement with 20 years of service or upon permanent service caused disability, beginning with Lt. Downes' retirement.
Frank Ferrell, 26 Outlook Street, spoke in favor of the PUD rezoning ordinance.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne stated the Sunnyside Group is selecting a consulting company.
NEW BUSINESS:
AN ORDINANCE REZONING 101 PARCELS IN THE THIRD & FIFTH WARDS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF 101 PARCELS OF REAL ESTATE IN THE THIRD AND FIFTH WARDS OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENTIAL DISTRICT, (R-2) SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT, (R-3) MULTIFAMILY RESIDENTIAL DISTRICT, AND (MU) MIXED USE DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING SECTION 13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
The rules were suspended to allow Mr. Warner or Mr. Stainback to answer a few questions from Council.
Mayor Justice ruled Mr. Duarte out of order for rising to speak.
After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REZONING ONE PARCEL IN THE SIXTH WARD FROM (R-1A) TO (B-1): The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF ONE PARCEL OF REAL ESTATE IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT BY AMENDING SECTION 13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT 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 Scafella, to pass the above entitled ordinance to
second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A LEASE BETWEEN PARKING AUTHORITY AND IRENE TWIGG : The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN IRENE TWIGG (LESSOR) AND THE CITY OF MORGANTOWN (LESSEE), ON BEHALF OF THE MORGANTOWN PARKING AUTHORITY.
After discussion, motion by Merow, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 153.04 MEMBERSHIP OF THE HUMAN RIGHTS COMMISSION : The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 153.04 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO MEMBERSHIP OF THE CITY'S HUMAN RIGHTS COMMISSION.
After discussion, motion by Scafella, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REPEALING ARTICLE 1713 & ADDING A NEW 1713 TO CONFORM WITH ICC CODE : The following entitled Ordinance was presented for first reading:
AN ORDINANCE REPEALING ARTICLE 1713 OF THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN, AND REPLACING IT WITH A NEW ARTICLE 1713 SO AS TO CONFORM WITH THE ICC CODE (INTERNATIONAL CODE COUNCIL).
After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
RESOLUTION IN SUPPORT OF A CONTAINER LAW FOR WEST VIRGINIA:
The above entitled Resolution was presented for Council's approval:
Motion by Scafella, second by Byrne, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
For several years West Virginia Cities have requested that the State Legislature replace the BOCA Building Codes with the new ICC Codes. This past session that goal was realized and effective April 1, 2003, the codes will be in place. The two immediate benefits of this action are new, modest features in the exterior code section (memo attached highlighting changes) and the City's national, code enforcement classification may advance from Class III (the highest in WV) to an even better rating of Class II-could mean lower insurance rates on buildings in Morgantown As additional information is issued by the State in implementing the new Codes, Council will be kept advised.
NEW BUSINESS:
Item No. 1:
The second attachment is a request from the MRTC for $2,000 to support its fourth, annual Trail Mix Celebration to be held June 7, 2003, at Hazel Ruby McQuain Park. Given the importance of this event in raising funds to maintain the 51 mile trail system radiating from Morgantown, I recommend that the request be granted from City contingency funds. I think the celebration is particularly important this year given the projected completion of the Mon River Trail to Prickett's Fort.
After discussion, motion by Miller, second by Scafella, to give $2,000 to MRTC for the annual Trail Mix Celebration.
Item No 2:
The third attachment is a memo from the Public Works Director proposing sidewalk construction for Council's new Sidewalk Program. I agree with her suggestions and recommend that the list be adopted.
After discussion, motion by Manilla, second by Bane, to adopt the sidewalk list and adding parts of lower Darst Street, James Street, a walkway on S. University Avenue, and also Laurel Street on the contingency list.
CITY CLERK'S REPORT:
Linda Little reported on the Walk 100 miles in 100 days program and a blood drive for the American Red Cross.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (reverse order):
Councilor Merow: Councilor Merow remarked on power plant information, Robert's Rules of Order, widening Beechurst, furniture on porches, thanked power plant speakers and addressed Sunnyside and downtown bars. Councilor Merow commented on sidewalks vs. widening Beechurst, I-68 extension meeting, serving on the MPO, time for public portion, and garbage collection. Councilor Merow mentioned riverfront development, use of the gavel, and showed a picture of a City Council group trip from 1976.
Councilor Byrne: Councilor Byrne requested a Vandalia traffic study update.
City Manager Boroff replied that it had not yet been
scheduled due to the weather.
Councilor Byrne noted unlicenced vehicles on a property, Tree Board to plant trees at Garlow House, and commented on points Councilor Merow raised, misinformation, and possible time limits for Councilor reports.
Councilor Miller: Councilor Miller complimented Mayor Justice, City Manager Boroff and Councilor Scafella about the article in the Morgantown Times and the economic changes over 13 years.
Councilor Scafella: Councilor Scafella requested a recommendation from the City Manager about the police service revolver, noted the Morgantown Times is a Times WV publication and the 10' wide Beechurst sidewalk has room for a bike lane.
Councilor Manilla: Councilor Manilla announced John Wilfong's (reporter) future wedding, indicated confusion with the one way street issue and recommended service revolver for Lt. Downes. Councilor Manilla noted graffiti, Beechurst update soon and requested power plant discussion at COW.
Councilor Bane: Councilor Bane reported on Dorsey Avenue drainage holes issue, requested new arrows be painted in parking garage, noted Arts in Morgantown working with mayor for a grant, thanked Linda Little for Wellness Program work, and will be absent next meeting.
Mayor Justice: Mayor Justice announced upcoming events and meetings, and suggested a City flag.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:10p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.