REGULAR MEETING APRIL 18, 2000:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 18, 2000, at 7:30 P. M.



PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok and Councilmembers Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, William Byrne, Betty McClain, and Jeff Burdoff, Assistant to the City Manager(Absent).



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes of the regular meeting on April 4, 2000, were approved as printed.



CORRESPONDENCE:



Mayor Scafella read a letter from the Monongalia County Solid Waste Authority to recognize Ron Justice, representing the City of Morgantown and City Council, at their Awards Banquet.



Mayor Scafella read a letter addressed to the City Manager praising the Rail/Trail and asking for a center white line for safety and signage.



Mayor Scafella had a reminder letter from Debra Palmer of BOPARC, about the cleanup weekend, April 29th & 30th. Volunteers may call her at BOPARC, or Ron Justice. Councilor Justice said that they could call Hayward Helmick or Anthony Giambrone at the Solid Waste Authority. Gloves and bags will be provided.



Mayor Scafella gave a reminder of the Town Meeting by WPXI at South Middle School, 7:30 p.m., tomorrow evening. He announced the times that Adelphia will replay the meeting.



PUBLIC HEARING-CONSIDERATION OF APPROVAL OF AMENDING SECTION 505.01 OF THE CITY CODE:



Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a

public hearing on the above referenced Ordinance.



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



PUBLIC HEARING-CONSIDERATION OF APPROVAL OF AMENDING SECTION 1511.02(a) OF THE FIRE CODE:



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



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

PUBLIC HEARING-CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 4.9 ACRES:

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



Frank Ferrell, 26 Outlook St., commented that he is in favor of these leases and asked if these leases are covered by the 1/8 royalty.



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

PUBLIC HEARING-CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 103.77 ACRES:

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



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



PUBLIC HEARING-CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 3.87 ACRES:



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



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



PUBLIC HEARING-CONSIDERATION OF PIPELINE RIGHT-OF-WAY AGREEMENT WITH COLUMBIA NATURAL RESOURCES:



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



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



UNFINISHED BUSINESS:



CONSIDERATION OF APPROVAL OF AMENDING SECTION 505.01 OF THE CITY CODE: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 505.01 OF THE MORGANTOWN CITY CODE BY ADDING NEW LANGUAGE TO SUBSECTION B THEREIN PERTAINING TO DANGEROUS DOGS AND ADDING A NEW SUBSECTION E PERTAINING TO PENALTIES.

Motion by Justice, second by Bloom to pass the above entitled ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AMENDING SECTION 1511.02(a) OF THE FIRE CODE: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 1511.02(a) OF THE FIRE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CITATION POWERS OF THE CITY'S FIRE MARSHAL AND DEPUTY FIRE MARSHALS.

Motion by Byrne, second by Bloom to pass the above entitled ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 4.9 ACRES: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND COLUMBIA NATURAL RESOURCES, INC., LESSEE, PERTAINING TO REALTY ACQUIRED BY DEED DATED JANUARY 25, 1960, CONTAINING 4.9 ACRES IN CLINTON DISTRICT, AND RECORDED IN DEED BOOK 581 AT PAGE 426 IN THE MONONGALIA COUNTY CLERK'S OFFICE.



Motion by Miller, second by McClain to pass the above entitled ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 103.77 ACRES: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND COLUMBIA NATURAL RESOURCES, INC., LESSEE, PERTAINING TO REALTY ACQUIRED BY DEED DATED JANUARY 25, 1960, CONTAINING 103.77 ACRES IN CLINTON DISTRICT, AND RECORDED IN DEED BOOK 581 AT PAGE 426 IN THE MONONGALIA COUNTY CLERK'S OFFICE.



Motion by Salucci, second Bloom by to pass the above entitled ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE OF 3.87 ACRES: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING AN EASEMENT AND OIL AND GAS LEASE BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND COLUMBIA NATURAL RESOURCES, INC., LESSEE, PERTAINING TO REALTY ACQUIRED BY DEED DATED FEBRUARY 26, 1964, CONTAINING 3.87 ACRES IN CLINTON DISTRICT, AND RECORDED IN DEED BOOK 620 AT PAGE 523 IN THE MONONGALIA COUNTY CLERK'S OFFICE.



Motion by Bloom, second by Miller to pass the above entitled ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AUTHORIZING A PIPELINE RIGHT-OF-WAY: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING A PIPELINE RIGHT-OF-WAY AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, GRANTOR, AND COLUMBIA NATURAL RESOURCES, INC., GRANTEE, THROUGH LAND ACQUIRED BY DEED FROM THE MORGANTOWN WATER COMMISSION IN 1950 AND RECORDED IN DEED BOOK 454, AT PAGE 410, IN THE MONONGALIA COUNTY CLERK'S OFFICE.



Motion by Miller, second by Justice to pass the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:



These appointments will be addressed at the next Regular Meeting.

PUBLIC PORTION:



Don Baker, owner Bi-Lo grocery store, spoke about the access on 705, which has an effect on the City. He mentioned the Sierra Club report on losing greenspace. He requested that the City ask the State to fix the traffic problems before creating more.



Frank Ferrell, 26 Outlook St., asked if the levy rate had to go through two readings. Has the rate increased or stayed the same? The City Manager will cover this. Mr. Ferrell gave Councilmembers a handout on student behavior over the weekend. This was only publicized in the Daily Anthenaeum. He expressed concern for firemen.

SPECIAL COMMITTEE REPORTS:



Councilor Byrne reminded everyone to send in their Census form and of the impact of hitting the 50,000 mark. If you need a form, contact the City Clerk. Councilors Byrne and Salucci gave comments about the long form.



Mayor Scafella related that the West Run Expressway has 4 more meetings and a final report which should be completed by the end of May.



Councilor Byrne has been asked to attend a meeting of the Citizens' Advisory Committee to give them an idea of what would be helpful to Council. He suggested thinking of the long-term interests of the City and come up with some big pictures. The committee sees recreation as a key issue.



Mayor Scafella reported on the ASPIRE Committee which sent a recommendation for rezoning in the Wharf District to the Planning Commission. The committee is nearing the end of its work.



NEW BUSINESS:



CONSIDERATION OF APPROVAL OF A RESOLUTION TO APPROVE THE CITY MANAGER TO AUTHORIZE SIGNING AN AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION ON AN EASEMENT THROUGH CITY OWNED REALTY: The above entitled Resolution was presented for approval:



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



CONSIDERATION OF APPROVAL OF THE RATES OF LEVY LAID BY THE CITY OF MORGANTOWN AND APPROVED BY THE STATE AUDITOR FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 IN ACCORDANCE WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE: The above entitled rates of the levy were presented for approval:



After discussion, motion by McClain, second by Justice. Motion carried 7-0.



CITY MANAGER'S REPORT:



NEW BUSINESS:



ITEM NO. 1:



As discussed during budget sessions, outfitting the two new pumpers for the Fire Department is a high priority. Since then, the engine in one of the principal back-up pumpers has failed, which now creates another high priority. To fund both of these urgent needs, I recommend that $63,000 from the Health Escrow Account be used for the $23,000 engine replacement and $40,000 for the equipment for the new pumpers. This will leave a health reserve of $453,000.



Motion by Justice, second by Bloom to move the $63,000 from the Health Escrow Account. Motion carried 7-0.



ITEM NO. 2:



We are closing out the work on Hazel Ruby McQuain Park and the trails inside the City. I ask for the authority to spend up to $5,000 to finish the odds and ends for the spring and summer.



Motion by Salucci, second by Byrne to spend up to $5,000 to finish projects in the Riverfront Park. Motion carried 7-0.



REPORT FROM CITY CLERK:



No report.



REPORT FROM CITY ATTORNEY:



No report.



REPORT FROM COUNCIL MEMBERS:



Councilor Salucci: Councilor Salucci commented on local developers tearing down buildings in Sunnyside and putting up a new apartment building. Councilor Salucci has noticed children playing on the sculptures in Riverfront Park and wonders about safety. Maybe playground equipment would be better. Councilor Salucci is disappointed with MRTC's planning of the Park and Rail/Trail opening with not enough activities throughout the day. He would like to see other entities participate and wondered if parking had been planned. Councilor Salucci was contacted by Mr. George of MHS about a war reenactment causing a big boom. Councilor Salucci responded to Councilor Miller that the City has no control over 705 access. We need to have a dialogue with Walmart, their lease is good until 2010 and they say they have no intentions of leaving. We should be thinking about annexing them into the City for the services they will need. The DOH has the final say over access.



Councilor Bloom: Councilor Bloom responded that only handicapped parking will be at the Riverfront and there will be free parking in the 3 City garages. South Park & First Ward residents are concerned about access from Prairie to four-lane because of speeding. What can be done? Councilor Bloom asked if pedestrian lights would be possible on the four-lane and explained his efforts to find an answer. The City Manager responded that there will be lights and Walnut St. will be responsive to pressing a button. Councilor Bloom found that the plans have been lost between Clarksburg and Charleston. At budget time, Council authorized $100,000 to the Met Theater. Councilor Bloom would like a report on how the money will be spent and when the theater will open. Can't see the welcome to Morgantown sign by MUB, it seems to be part of the MUB sign and needs to be moved.



Councilor Miller: Councilor Miller offered congratulations to Councilor Justice. Councilor Miller thanked Mr. Baker for coming and bringing up issues. The Sierra Club looking at greenspace in WV will be on national TV. This has become the hot topic in the state. Bi-Lo is within walking distance in a neighborhood and Suncrest wants to keep it there. Councilor Miller talked about leadership, what citizens want, and would like Council to take a strong stand. The DOH looks only at traffic, not the businesses.



Councilor Justice: Councilor Justice thanked Teresa Miller for nice words on Solid Waste Authority. Councilor Justice has also received calls about speeding traffic in Prairie Ave. area and residents are requesting more police patrols. The Community Cleanup will meet at the Courthouse Square. More Team Leaders are needed. Councilor Justice brought a proposal letter from Morgantown Baseball Association for $15,000 gift to BOPARC. Motion by Justice, second by Byrne to transfer money from the recreation fund. Motion carried 7-0. Jeff Berryman invited to COW.



Councilor Byrne: Councilor Byrne commended Ron Justice for his cleanup work. Councilor Byrne visited with a Mountainview 4th grade class. He talked about City Council and government; and received 24 letters from the students. Councilor Byrne endorsed the comments of Teresa Miller and thanked Don Baker. He commended Bill Wonderlin on rally/information forum on the smart growth issue of breaking access. Councilor Byrne spoke on the need for the West Run bypass. Mayor Scafella commented on the differences between a bypass and an expressway.

Councilor McClain: Councilor McClain welcomed the rest of the audience- Political Science 120 class. She proposed that Alicia Helm of the CAC, who offered the sculptures at Riverfront, be asked for suggestions to keep people from climbing them.



Mayor Scafella: Mayor Scafella also received calls about speeding on University Ave. and read a letter from Betty Lou Wolfe about the light. The City Manager responded that this will be a traffic responsive light. Mayor Scafella remarked that the junk cars are gone from Wharf District but one is left on Donley. Mayor Scafella had a discussion with some South Park residents about gas lights. May start by installing a block at a time starting with Park and Grand. The Mayor asked the City Manager for a report on the Rail/Trail detour.



EXECUTIVE SESSION:



Councilor Bloom moved to go into an executive session pursuant to Section 6-9A-4-9 of the West Virginia Code in order to discuss matters involving or affecting the purchase, sale or lease of property, or advance construction planning with the following persons present: Mayor Frank Scafella, Councilmembers, City Manager, and Tom Arnold, Morgantown Parking Authority Director, and Ernest Fortuna. Second by McClain. Time 8:45 p.m.



ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:10 p.m.



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