REGULAR MEETING APRIL 4, 2000:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 4, 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.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on March 21, 2000 were approved as printed.
CORRESPONDENCE:
Mayor Scafella read a proclamation proclaiming April 2000 as Fair Housing Month in Morgantown, and urged all citizens to reaffirm their belief that the citizens should work together to uphold the Fair Housing Act and the principle of equal rights and opportunities for all.
Mayor Scafella read a proclamation proclaiming Thursday, April 27th, 2000, as Arbor Day in the City of Morgantown, and urged all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands.
Mayor Scafella and Councilor Byrne urged all citizens to fill out their Census Forms so that Morgantown can be eligible for Federal Funds to improve transportation, recreation and economic development. Councilor Byrne commented that at this time the return on census forms for this area is at 52%, and asked the citizens to continue to fill those forms out to help improve the future growth of our area.
Mayor Scafella mentioned that there is an article in the West Virginia Executive publications about Morgantown, and if anyone wants a copy, they can contact the City Clerk.
PUBLIC HEARING-REZONING OF ELEVEN (11) PARCELS OF REAL ESTATE IN THE SIXTH WARD
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 AN ORDINANCE REZONING ELEVEN (11) PARCELS OF REAL ESTATE IN THE SIXTH WARD: The following entitled ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF ELEVEN (11) PARCELS OF REAL ESTATE IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM (I-1) INDUSTRIAL DISTRICT TO (B-5) SHOPPING CENTER 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 McClain to pass the above entitled ordinance to second reading. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Council will appoint new appointments to the Traffic Commission for the 3rd and 5th wards at the next regular meeting.
PUBLIC PORTION:
Anita Mayer, Co-Chair Citizens Advisory Committee, reported to Council that the first meeting for the CAC will be on April 12th in the Public Safety Building, and the committee will report back to Council once they know what direction the committee will be taking. Ms. Mayer also reminded Council of the grand opening for the Rail to Trail on May 20th, 2000, the day will begin with a symbolic run, ride or walk, the ribbon cutting at 1:00 p.m. at the Riverfront Park, and a lunch at the Brew Pub. Ms. Mayer commented that she has been working with the Parking Authority to limit the parking to handicapped parking only on that day and consider opening the two parking garages for free parking. She asked that the Police Department be available at crossings to control traffic.
SPECIAL COMMITTEE REPORTS:
Councilor Bloom requested on behalf of the Parking Authority an Executive Session at the next Regular Meeting pursuant to West Virginia Code 6-9a-4 section 9.
Mayor Scafella mentioned the progress with the implementation of the Work Force Investment Act for this region and there will be around seven & a half million dollars available for work force training and investment for this area of West Virginia.
Mayor Scafella reported that the West Run Expressway Committee is moving along and a recommendation will be brought to the State Highway department soon.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF AMENDING SECTION 505.01 OF THE CITY CODE: The following entitled ordinance was presented for first 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.
After discussion, motion by Byrne, second by McClain to amend the ordinance by changing the word reimbursement to restitution. Motion carried 7-0.
After discussion, motion by Miller, second by McClain to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AMENDING SECTION 1511.02(a) OF THE FIRE CODE: The following entitled ordinance was presented for first 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 Justice , second by Bloom to pass the above entitled ordinance to second reading. 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 first 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.
After discussion, motion by Salucci, second by Bloom to pass the above entitled ordinance to second reading. 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 first 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 Miller, second by McClain to pass the above entitled ordinance to second reading. 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 first 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 Byrne to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AUTHORIZING A PIPELINE RIGHT-OF-WAY: The following entitled ordinance was presented for first 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.
After discussion, motion by Byrne , second by Justice to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, WITH REGARD TO ESTABLISHMENT AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM WITHIN THE MUNICIPAL LIMITS OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA. The above entitled resolution was presented for approval:
After discussion, motion by Byrne, second by McClain to pass the above entitled resolution. Motion carried 5-2. (Councilor Salucci and Bloom voted NO).
CITY MANAGER'S REPORT:
NEW BUSINESS:
ITEM NO. 1.
BOPARC, Vision 2020, and the MRTC are planning an official opening of Hazel Ruby McQuain Park, the Caperton Trail and the Decker's Creek Trail in May. The proposed activities will include an opening ceremony; symbolic run/ride/walk on the Trail; T-shirts and water bottles promoting the trails; and various entertainment. To help finance the cost of the event, MRTC has requested a $2,000 contribution. Given the significance of the celebration and its promotional value, I recommend the request be granted.
Motion by Bloom, second by Byrne to help finance the cost of the grand opening of the Rail/Trail to MRTC for $2,000. Motion carried 7-0.
ITEM NO. 2:
The newly organized Arts & River Festival on the Mon. is planning their first annual
event for Saturday, July 15, 2000. At this event one of the activities the Festival
Committee would like to have is wine tasting and sales. This would be offered by
State licensed vendors. Wine sales on the site would only be glass for consumption on
site and by the bottle to be taken off the premises, and in specifically designated areas.
To offer this activity we must apply to the State and have approval of the City. This
letter is to request the City's authorization to proceed with the State application.
Motion by Byrne, second by McClain to approve the Arts & Festival Committee to apply to the state for wine tasting and sales at their festival on July 15, 2000. Motion carried 7-0.
REPORT FROM CITY CLERK:
No report.
REPORT FROM CITY ATTORNEY:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: No report.
Councilor Bloom: Councilor Bloom commented that he was shocked on the lack of decision by the BZA about one of the liquor establishments that
consistently abused the City & State Ordinances. The good news is that it was tabled and he hopes the BZA looks at all the facts and
makes the right decision.
Councilor Miller: Councilor Miller reported to Council that the meeting with WVU
Students went very well, and they have some good ideas and wish
to work with the City on making this community better. Councilor
Miller commented that they did have some complaints and most of
the complaints center around litter and recycling, and they commented about how great the Rail to Trail is. Councilor Miller
mentioned that someone had called her in reference to stop signs,
and yield signs being stolen and requested the City Manager to
do a report on how many signs have been stolen and what the
cost is to replace them, and what the fine is for stealing a sign.
Councilor Justice: Councilor Justice mentioned that the County Wide Cleanup is on
29th and 30th of April, anyone that wants to help let BOPARC know. Councilor Justice mentioned he will be presenting a request about some improvements at White Park and Krepps Park.
Councilor Justice reminded everyone is invited to work at Marilla
Park in the first weekend in May, and that he will report back with a time.
Councilor Byrne: Councilor Byrne mentioned that John Martys met with Congressman Mollohan on the housing needs of low and moderate
income people and his office will help facilitate this project and will come back to Council next fall with some particular initiatives in advancing low and moderate income housing issues in this community. Councilor Byrne then commended Judith Stitzel for
her excellent editorial on the issue of 705 and the breaking of
access.
Councilor McClain: Councilor McClain commented that a comparison of the breaking
of 705 was Patteson Drive. Councilor McClain also thanked the
City Manager and the Public Works Department for cleaning the
streets in her ward.
Mayor Scafella: Mayor Scafella commented that it is good to hear that Congressman Mollohan is supporting the City on the housing needs of the low and moderate income people. Mayor Scafella mentioned that there are a few of the Housing Task Force members that are cleaning up their properties in Sunnyside. Mayor Scafella also mentioned that the light being added on Patteson Drive it will help the traffic flow evenly, and also in town the City has a new computerized light system that will read the traffic at the light and permit that traffic to flow until the back up is resolved. Mayor Scafella mentioned again that the junk cars have not been removed yet down near the Wharf District by the Rail-Trail, and would the City Manager check into having them moved. Mayor Scafella suggested that everyone re-visit the River Front Development for there has been a lot happening with the development recently. Mayor Scafella asked the City Manager to check what the status is on the signage on the Rail-Trail. City Manager Dan Boroff commented that BOPARC and MRTC are working together to come up with proper signs for the Rail-Trail.
ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 8:30 p.m.
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City Clerk Mayor