REGULAR MEETING MAY 2, 2006:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 2, 2006, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor. The pledge to the flag was led by Chris Willis of the Mountaineer Area Council.
APPROVAL OF MINUTES: Minutes from the regular meeting on April 18, 2006, were approved as printed.
CORRESPONDENCE:
Mayor Justice read a letter from the Town of Star City about odors from the MUB plant, presented a certificate to James Held, and announced Walk for Life and Breath. Councilor Miller read the National Nursing Home Week proclamation and Councilor Manilla read the Scouting Leadership Weekend proclamation.
PUBLIC HEARING-AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSEE) AND MCCOY 6 APARTMENTS, LLC (LESSOR) REGARDING REALTY IN THE FALLING RUN/STADIUM LOOP AREA:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSEE) AND MCCOY 6 APARTMENTS, LLC (LESSOR) REGARDING REALTY IN THE FALLING RUN/STADIUM LOOP AREA: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSEE) AND MCCOY 6 APARTMENTS, LLC (LESSOR) REGARDING REALTY IN THE FALLING RUN/STADIUM LOOP AREA.
After explanation of a minor amendment to Article 4 by the City Manager, “In addition, Lessor will be compensated for 100% of City approved parking improvements made to the site from rental income Lessee receives from WVU.” Motion by Scafella, second by Miller to approve the amendment. Motion carried 7-0. Motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 6-1. (Bane Voted NO.)
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
Lisa Mari, 101 Peninsula Boulevard, urged passage of the truck traffic ordinance.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
No Reports.
NEW BUSINESS:
AN ORDINANCE REPEALING AND REPLACING ARTICLE 1705 OF THE BUILDING AND HOUSING CODE AS THE SAME APPLIES TO BUILDING PERMITS AND FEES : The below entitled Ordinance was presented for first reading:
AN ORDINANCE REPEALING ARTICLE 1705 AND IN ITS PLACE ENACTING A NEW ARTICLE 1705 WITHIN THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO BUILDING PERMITS AND FEES.
After discussion, motion by Scafella, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING SECTIONS AND SUBSECTIONS OF THE ZONING ORDINANCE AS THE SAME APPLY TO PERMITTED LAND USES, VIDEO GAMING OR LOTTERY ESTABLISHMENTS, RESTAURANTS, ACCESSORY STRUCTURES AND USES, PERFORMANCE STANDARDS, SPECIAL REQUIREMENTS, NUMBER OF PARKING SPACES REQUIRED, AND PARKING DEVELOPMENT STANDARDS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS AND SUBSECTIONS 300.05.01, 300.06(13), 300.06(17), 300.08, 301.07, 302.07, 303.07, 304.07, 305.07, 313.06, 320.08, 400.04, 401.04 AND 401.09 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO PERMITTED LAND USES, VIDEO GAMING OR LOTTERY ESTABLISHMENTS, RESTAURANTS, ACCESSORY STRUCTURES AND USES, PERFORMANCE STANDARDS, SPECIAL REQUIREMENTS, NUMBER OF PARKING SPACES REQUIRED, AND PARKING DEVELOPMENT STANDARDS.
After discussion and the City Manager’s explanation, motion by Miller, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No. 1:
As discussed at the April Committee of the Whole Meeting, both the County Commission and the County Development Authority have agreed to invest $100,000 each in the design engineering of an Industrial Access Road at the Airport. To assure that this work is completed in a timely way, I recommend that the City also invest $100,000 to effect the $300,000 project.
After discussion, motion by Bane, second by Byrne, to approve the $100,000 to match the County Commission. Motion carried 7-0.
Item No. 2:
Attached you will find a memo from the Assistant City Manager describing a potential Homeland Security Grant application for the Police and Fire Departments. Based upon the points the Assistant Manager has made, I recommend that the City submit the application requesting $514,649 to acquire special equipment and communication devices.
Motion by Miller, second by Manilla, to submit a Homeland Security Grant application requesting $514,649. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little gave a reminder of the pepperoni roll sale.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (reverse order):
Councilor Bane: Councilor Bane addressed conditions of properties in the Loop area.
Councilor Manilla: Councilor Manilla asked whose responsibility it is to clean up the area.
City Manager Boroff replied that it is the developer’s responsibility.
Councilor Scafella: Councilor Scafella gave an update on the Wiles Hill Center.
Councilor Miller: Councilor Miller suggested speedy demolition of Loop properties through Code Enforcement and congratulated Byrne on his performance in the J. R. Clifford Case.
Councilor Byrne: Councilor Byrne congratulated and thanked everyone connected with the J. R. Clifford Case and commented on a Letter to the Editor about Sunnyside Up and affordable housing.
Councilor Spencer: Councilor Spencer discussed Salt Lake City trees, planters, parking, and pedestrian amenities and urged development of pedestrian capacity policy.
Mayor Justice: Mayor Justice announced future meetings and events and commented on the J. R. Clifford Case and that the Traffic Commission needs to know what the neighborhood wants for Rawley Avenue.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:20 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.