REGULAR MEETING APRIL 3, 2001:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 3, 2001, at 7:30 p.m.



PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, City Attorney Steve Fanok, Assistant to the City Manager Jeff Mikorski and Councilmembers Frank Salucci, Greg Good, Teresa Miller, Ronald Justice, Bill Byrne and Betty McClain.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on March 20, 2001, were approved as printed.

CORRESPONDENCE:



Mayor Scafella welcomed the WVU Journalism Class to the meeting this evening.



Councilor Byrne mentioned that he received a letter from Woodburn Elementary (the City's Partner In Education) inviting him to lunch, and mentioned that in the letter he was elevated to Mayor.



Mayor Scafella read a proclamation observing April, 2001, as Fair Housing Month in the City of Morgantown and encouraged all citizens to support the practice and policy of fair housing in their personal lives, as well as in their personal duties.

Mayor Scafella informed Council that Secretary of State Joe Manchin is promoting his new West Virginia SHARES voter education program, and in his efforts to do so, will focus their 2001 registration efforts on Friday, April 27, in honor of the 30th Anniversary of the West Virginia ratification of the 26th Amendment on April 28, 2001.



Mayor Scafella discussed a memo from the Fire Chief, Dave Fetty, in reference to unlocking automobiles. Mayor Scafella mentioned that Chief Fetty clearly stated that the cost to the citizens of Morgantown for the unlocked services is negligible when compared to the benefits provided to 914 citizens served by the program, and that the service does not interfere with emergency calls and is an exceptional value and service to the citizens of Morgantown.



Mayor Scafella announced that the City of Morgantown once again was selected as a Tree City USA by the National Arbor Day Foundation.



PUBLIC HEARING-AMENDMENT OF THE DEFINITION OF "THE PROJECT" DESCRIBED IN THE SERIES 2000 A SEWERAGE SYSTEM REVENUE BONDS:



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



Milton Cohen, 1060 Ross St., asserted the ordinance is for borrowing $8 million. He read a portion of the ordinance and stated the total is $10.5 million of City funds to lend to MUB to update Cheat Lake properties. Mr. Cohen wanted to talk about its illegality.



Mayor Scafella replied that this ordinance is for MUB to extend service at the request of the DOH and asked Mr. Cohen to address the ordinance being considered.



City Attorney, Steve Fanok responded that the money Mr. Cohen referred to happened on February 15, 2000. This act has been completed, finalized and approved by the State of West Virginia. Tonight, Council is to approve the expansion of services provided in the Cheat Lake area, and this ordinance was prepared by bond counsel, Steptoe & Johnson, representing the City of Morgantown. MUB is a part of the City of Morgantown.



Mr. Cohen said City Council did not have authority and read from the City Charter.



Mayor Scafella, after stating that Mr. Cohen was out of order and asking him to take his seat, requested that Mr. Cohen be escorted from Council Chambers. Mr. Cohen took his seat.



Tim Ball, MUB, advised that this ordinance does not modify the previous borrowing in any way and that the funds will be repaid entirely by customers served in the Cheat Lake project area. Mr. Ball stated that the funds were not used for improvements or construction on private facilities owned by Lakeview and that this ordinance redefines the extent and scope of the project as originally defined in the bond documents.



Mr. Cohen tried to speak again and Mayor Scafella stated he must leave the chamber or sit down.



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



PUBLIC HEARING-AGREEMENT BETWEEN CITY & BOE POLICE OFFICER IN THE LOCAL SCHOOL SYSTEM:



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 Street, commented that he felt that having an officer in the schools is good, but noted that the grant agreement is only for one year. Mr. Ferrell questioned if the City had to reapply each year.



Mayor Scafella responded that the City Manager Dan Boroff will respond to that question later in the meeting.



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



PUBLIC HEARING-REZONING ONE PARCEL IN THE 4TH WARD FROM PRO TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT:



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



Jim Prete, 1136 Munsey St., supported the adoption because it is "making whole a situation."



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



PUBLIC HEARING-REZONING 23 PARCELS IN THE IST WARD FROM B-4 NON-PEDESTRIAN TO B-4 PEDESTRIAN:



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



Zip Shearer, 138 Sheridan Lane, commented that he owns property along the trail and asked Council if he is going to be afforded the same opportunity as the 23 parcels have in the Wharf District. Mr. Shearer asked Council to table this ordinance to also consider his property.



Councilor Miller read a letter from Russell Kincaid, Clay Street property owner, expressing his support for the rezoning. Mr. Kincaid stated that the lack of parking in the Wharf District will restrict future development and hopes that City Council continues to work toward solving the lack of parking in Morgantown.



Jim Prete, 1136 Munsey St. and local developer, commented that he felt that Council's action was arbitrary, capricious and discriminatory. Mr. Prete stated that this rezoning lessens the burden for businesses in that area to provide their own parking. Mr. Prete warned that this rezoning could be challenged in court. The rezoning changes and the balance of competition between the developers both need to abide by the same set of rules.



Dave Biafora, Metro Rentals, suggested the zoning change creates an "unlevel playing field" for other area developers forced to abide by parking restraints. Mr. Biafora stated that has been before the Planning Commission and BZA 17 times for more than 260 units in Downtown and has created more than 300 parking spaces with his own money. Mr. Biafora asserted that area developers will ask for the same zoning changes for other areas of town.



Frank Ferrell, 26 Outlook St., avowed that all everyone wants is an equal playing field. Mr. Ferrell suggested that zoning this area to B-4 originally was a mistake - - a garage is needed in this area, but this is the wrong way to go about it.



Tom Arnold, Parking Authority Director, stated the Authority has the best interest of the public in mind. The businesses in the Wharf area have private parking - not for the use of the public. The garage will increase the density of the Wharf District and will fill the parking void for the public use of the Riverfront Park and rail/trail.



Jim Prete, 1136 Munsey St., said that Mr. Arnold made him happy, but this should have been known two years ago as the properties were sold at cheap prices.



Zip Shearer, 138 Sheridan Lane, suggested the Bland property as an alternative site for the parking garage.



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



Mayor Scafella invited Mr. Cohen to re-enter Council Chambers.



UNFINISHED BUSINESS:



CONSIDERATION OF APPROVAL OF SECOND READING AMENDING THE DEFINITION OF "THE PROJECT" AS DESCRIBED IN THE BOND SERIES 2000 A: The following entitled ordinance was presented for second reading:

AN AMENDATORY ORDINANCE PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF "THE PROJECT" AS SAID TERM IS DESCRIBED IN THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2000 A (WEST VIRGINIA SRF PROGRAM), AND COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2000 B (WEST VIRGINIA INFRASTRUCTURE FUND), OF THE CITY OF MORGANTOWN.



Motion by McClain, second by Salucci, to adopt the above entitled Ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF SECOND READING OF AGREEMENT WITH BOE POLICE OFFICER IN SCHOOL SYSTEM: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY BOARD OF EDUCATION AS THE SAME APPLIES TO MORGANTOWN POLICE OFFICERS SERVING AS PREVENTION/RETENTION OFFICERS WITHIN THE LOCAL SCHOOL SYSTEM.

City Manager Dan Boroff commented that the grant contract is for one year and will be extended each year as needed. If the grant is not approved, the Board of Education will employ the affected officers. After discussion, motion by Salucci, second by Justice, to adopt the above entitled Ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF SECOND REZONING ONE PARCEL IN THE FOURTH WARD FROM PRO TO B-1 NEIGHBORHOOD BUSINESS DISTRICT: The following entitled ordinance was presented for second reading:



AN ORDINANCE PROVIDING FOR THE REZONING OF ONE (1) PARCEL OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM (PRO) PROFESSIONAL, RESIDENTIAL, AND OFFICE 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 Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF SECOND READING OF REZONING 23 PARCELS IN THE FIRST WARD FROM B-4 NON-PEDESTRIAN TO B-4 PEDESTRIAN: The following entitled ordinance was presented for second reading:



AN ORDINANCE PROVIDING FOR THE REZONING OF TWENTY-THREE (23) PARCELS OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (B-4) GENERAL BUSINESS, NON-PEDESTRIAN DISTRICT TO (B-4) GENERAL BUSINESS, PEDESTRIAN 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 City Manager, Dan Boroff, responded to Public Hearing comments by stating plans were started six years ago, not two years ago, but there was little response. Mr. Boroff heard "level playing field" used repeatedly--the only criteria used is the best interests of the City of Morgantown at large. Mr. Boroff noted that in a relatively short time, disbelief that anything would happen in the Wharf District changed to investments totaling more than $100 million. "This is a project that is still changing and growing and is going through a number of interim steps." There are two principal reasons for rezoning. The first is investments are growing and multiplying and the highest and best uses of the property. The choice is asphalt parking lots or diverse economic activity. The second, lesser reason, is limited public parking for public facilities already in place.



After discussion, motion by McClain, second by Miller, to adopt the above entitled Ordinance. Motion by Salucci to table. There being no second, motion denied. After more discussion, a vote was taken on the main motion to adopt above Ordinance. Motion carried 6-1. (Councilor Salucci Voted NO).



PUBLIC PORTION:



Dave Biafora, Metro Rentals, speaking for developers, said there is a frustration in dealing with the City - not resentment. Mr. Biafora believes there is "a contradiction in your hearts" and commended Councilor Salucci for the way he is thinking. Mr. Biafora stated there are other alternatives to parking--it is not necessary to rezone the area. Mr. Biafora asked what will happen to the other parcels not needed for the parking garage? Mr. Biafora gave five stars to Councilor Salucci.



John Duarte, 460 Grove St., congratulated everyone on the spirited discussion but things are not well thought out; planning is piecemeal. Mr. Duarte stated that no traffic impact analysis has been done nor the impact of a garage on Willey Street. Mr. Duarte commented that City Council and Planning and Traffic Commissions need to address issues more aggressively. Mr. Duarte congratulated Councilor Salucci for wanting greater discussion on issues.



Frank Ferrell, 26 Outlook St., stated there was a $.43 increase to BFI in 1995, for the landfill grant and this fee should have been rescinded once done. Mr. Ferrell asked if Wiles Hill School was bought by BOPARC or the City. Mr. Ferrell submitted that under the PPO, retired employees living out of the area receive 60/40 instead of 80/20 for the insurance.



Milton Cohen, 1060 Ross St., read a paragraph from the City Charter and commented on the Botanical Garden 25 year lease. Mr. Cohen stated the ordinance was written by MUB, voted on by Council, and the City Attorney is chief legal counselor to Council. Mr. Cohen asserted this ordinance is illegal.



Don West, First Ward, is tired of hearing about the Rail/Trail. Mr. West explained that he appreciates the work and uses the trail but would like to see things done in our neighborhood. Mr. West stated that he has repeatedly called the garage about the street paving causing the streets to narrow without success. Mr. West asserted there is a lack of planning and remarked on the sidewalks around White Park.



SPECIAL COMMITTEE REPORTS:

No report.



NEW BUSINESS:



CONSIDERATION OF APPROVAL OF FIRST READING AMENDING ARTICLE 153-HUMAN RIGHTS COMMISSION: The following entitled ordinance was presented for first reading:



AN ORDINANCE AMENDING ARTICLE 153 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO DUTIES OF THE CITY'S HUMAN RIGHTS COMMISSION.

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



CONSIDERATION OF APPROVAL OF FIRST READING OF ANNULLING 9 FOOT 9 INCH RIGHT-OF-WAY IN THE CRESTHOLM ADDITION: The following entitled ordinance was presented for first reading:



AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 9 FOOT 9 INCH RIGHT-OF-WAY EXTENDING ALONG AN UNNAMED ALLEY AND

RUNNING A DISTANCE OF APPROXIMATELY TWO HUNDRED AND

EIGHTY-FOUR FEET ABUTTING LOTS 9, 10, 11, 12, 13, 14 15 AND 16

IN THE CRESTHOLM ADDITION, IN THE SECOND WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.



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

CITY MANAGER'S REPORT:

INFORMATION:



ITEM NO.1:



I am very pleased to report that Chuck Keener has been appointed a Safety Counselor in the Federal Aviation Administration's Safety Program. As such, now Mr. Keener will be very much involved in all aspects of Airport safety issues not only as an Airport Manager but also as a representative of the Federal government.



ITEM NO. 2:



This construction season, the City is in position again to execute a number of extraordinary, public projects. Attached, you will find a memo from the Public Works Director presenting the schedule of activities. Collectively $2,415,000 will be invested in long term, capital improvements for the City.



NEW BUSINESS:



ITEM NO. 1:



The second attachment reports the bid results for this year's street paving program. As per the Public Works Director's comments, I recommend that the contract be awarded to the overall low bidders Dodd General Contractors and Greer Limestone Company for a total cost of $221,289.10.



Motion by Salucci, second by McClain, to award the street paving program to the low bidder Dodd General Contractors & Greer Limestone Company for a total cost of $221,289.10. Motion carried 7-0.



The City Manager responded to Mr. West that streets are routinely milled and asked Mr. West to call him with the specifics and also to talk about lack of response from Public Works or any other Department.



CITY CLERK'S REPORT:



City Clerk, Linda Little, thanked the media, the County Clerk, and Voter Registration for getting the word out that the City needs pollworkers for the upcoming Election on April 24, 2001. Ms. Little commented that even though we have all the slots filled now, we still need Republicans for the alternate list and ask those that are interested to call 284-7439.



City Clerk, Linda Little, acknowledged that, at this busy time, the office could not have done everything needed without the help of our Seniors Liz Miranov and Anne Rockenstein. Hats off to them.

CITY ATTORNEY'S REPORT:

Steve Fanok clarified that the plat attached to the street annulment will not be recorded as it is not part of the ordinance. Mr. Fanok explained that it is not a requirement for the City Attorney to prepare each ordinance but he reviews each ordinance. The City Council can give the City Manager authority to hire special counsel by ordinance. Mr. Fanok asserted that this was done in 1978 or 1980.



REPORT FROM COUNCIL MEMBERS: (IN REVERSE ORDER)





Councilor McClain: Councilor McClain noted the Willey Street garage has been in planning

for 13 years and has had input from everyone.



Councilor Byrne: Councilor Byrne commented on the preliminary census data and the meeting of the Umbrella Group. Councilor Byrne requested the memo about cinders be posted on the website.



Councilor Justice: Councilor Justice followed up on the census report by adding that our growth was the largest. Councilor Justice noted the Umbrella Group requested a report on enforcement and that BFI report plans for Graduation Weekend at the COW. Volunteers will be looking for any trouble spots during that weekend. Councilor Justice noted that the Campus Drive pole in the center of the sidewalk needs a letter from the City to remove it. Councilor Justice reported that the Roosevelt St. issue will be on the Traffic Commission meeting tomorrow and said Westover reduced their speed limit

and we can make certain narrow streets under 25 mph. Councilor Justice replied to Mr. West that the ditch is atrocious in First Ward. Councilor Justice said that his street was moved in 2 inches on each side which created a swamp and we need quality work. Councilor Justice congratulated Mike and the Mon-Art group and noted the Project Pride Cleanup is April 22. The Beechurst Group had their third meeting and the next one is April 19.



Councilor Miller: Councilor Miller remarked that people who don't come to meetings assume planning didn't happen. Councilor Miller has been to Comprehensive Plan meetings for five years. Councilor Miller noted this B-4 Pedestrian issue came to Planning two months ago and was tabled until we had a special meeting for this issue. Councilor Miller stated the Planning Commission is appointed by Council without pay and we thank them for their work. Councilor Miller said to stop rehashing and move forward.



Councilor Good: Councilor Good thanked the Street Dept. for cleaning the sidewalks on Pleasant and Walnut Street Bridges.



Councilor Salucci: Councilor Salucci noted he had spoken against the sidewalk around White Park. Councilor Salucci took offense at Mr. West's assertion that nothing has been done and said it is not true - he has been out there numerous times and took pictures of the road, but the cost estimate for this 100 yards would take all of the paving budget and we need to look at what's best for the entire City. Councilor Salucci requested a stoplight coming out of South Park on Dorsey or Prairie to enable left turns. Councilor Salucci commented that Council has spoken against Wal-Mart due to traffic congestion, but development of the Wharf District will force traffic through First Ward or Downtown. Councilor Salucci requested a City Engineer's report on alleviating traffic entering Don Knotts Blvd. from South Park.



Mayor Scafella: Mayor Scafella commented that it is interesting having disputes over development that benefits the City when Charleston is cutting jobs and closing Senior Centers. Mayor Scafella noted that we are in a strong position economically and socially and moving in a positive direction overall. Mayor Scafella stated the litter along the Trail, from the power plant to Mountaineer Court, has been largely picked up and kudos to those picking up that trash. Mayor Scafella commented that Dave Biafora hit a note about frustration working with the City but it works the other way, too. The democratic process is inherently frustrating. Mayor Scafella stated that we are elected and on the 24th they can change that. Mayor Scafella responded to Mr. Ferrell by noting the $35,000 for the Wiles Hill School was appropriated in public. Mayor Scafella mentioned the meeting of the County Commission, City Council and Transit Board on Wednesday at 6:00pm.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:30 p.m.









_____________________________ ___________________________

City Clerk Mayor