REGULAR MEETING MAY 7, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 7, 2002, at 7:30 P.M.
PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant to the City Manager Jeff Mikorski, City Attorney Steve Fanok and Councilmembers Ron Bane, Teresa Miller, Ron Justice, Bill Byrne, Florence Merow. (Jim Manilla Absent).
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on April 2, 2002 and the special meeting on April 30, 2002, were approved as printed.
CORRESPONDENCE:
Mayor Scafella announced Main Street awards to: Deputy Mayor Ron Justice - Board Member of the Year; John Pyles - Public Official of the Year; and Mark Nesselroad - Best Interior Design for the old Hill's building in the Wharf District.
Mayor Scafella read and presented proclamations; Letter Carriers Food Drive Day to Guy Panrell and Older Americans Month to Regina Maiolo, CLIC Director.
PUBLIC HEARING-AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING 49.2, "PLANNED UNIT DEVELOPMENT":
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Helen Quarrick, 1288 Colonial Drive, opposed the ordinance.
Eugene Quarrick, 1288 Colonial Drive, opposed the ordinance.
Don Trevorrow, 512 Milford Street, opposed the ordinance and submitted amendments.
Ed Sneckenberger, 521 Woodhaven Drive, asked for a new title and some examples of planned unit developments.
Ann Sauvageot, 77 Sheldon Avenue, opposed the ordinance.
Milton Cohen, 1060 Ross Street, opposed the ordinance until seated by Lt. Zinn.
Richard Panico opposed the ordinance.
Kevin Leyden, 441 Madigan Avenue, spoke for the ordinance.
Judith Stitzel, 449 Devon Road, opposed the ordinance.
Milton Cohen, 1060 Ross Street, asked for withdrawal of the ordinance for further public discussion.
There being no more appearances or objections, Mayor Scafella declared this hearing closed and asked the City Planner to respond to questions raised.
Jim Wood, City Planner, explained the reasoning behind the ordinance.
UNFINISHED BUSINESS:
AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING 49.2, "PLANNED UNIT DEVELOPMENT : The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING 49.2; AND ADDING A "PLANNED UNIT DEVELOPMENT" (PUD) DISTRICT TO THE LIST OF DISTRICTS IN SECTION 12; AND ADDING SECTION 17.1 AS THE SAME APPLY TO DEFINING AND SETTING FORTH PERMITTING PROCEDURES FOR PLANNED UNIT DEVELOPMENTS.
Motion to table by Merow, failed due to lack of second. After discussion, motion by Byrne, second by Miller, to approve the above entitled ordinance. Motion to table by Merow, failed due to lack of second. The rules were suspended to allow questions to the City Planner. Motion by Merow, second by Justice, to amend section 6-L. Motion failed 5-1. (Merow -Yes, Manilla Absent). Motion by Merow, second by Byrne, to amend section 5-B-3-f(Traffic Study). Motion carried 6-0. (Manilla Absent). Motion by Justice, second by Byrne, to add a section 8 (Neighborhood Hearing). Motion carried 6-0. (Manilla Absent). Motion to approve the above entitled ordinance carried 5-1. (Merow-No, Manilla Absent).
BOARDS AND COMMISSIONS:
Beautification Commission: Charles Penn appointed by acclamation to serve in the 6th ward position for a 3 year term.
Board of Zoning Appeals: Kevin Leyden appointed by acclamation to serve a 3 year term.
Citizens Advisory Committee: Brenda Vandervort appointed by acclamation to serve a 3 year term.
Traffic Commission: Buffy Vehse appointed by acclamation to serve in the 5th ward position for a 3 year term.
PUBLIC PORTION:
Richard Panico, 453 Beechurst Avenue, questioned payment of stormwater runoff and why MUB should be in charge of stormwater runoff.
Don Spencer, 565 Harvard Avenue, commented on Patteson/Elmer Price Drive lighting and failing intersections.
Ed Sneckenberger, 521 Woodhaven Drive, asked if new parking lots were included in the stormwater rates.
Milton Cohen, 1060 Ross Street, remarked on the writing of the P.U.D. ordinance.
Don Trevorrow, 512 Milford Street, commented on the P.U.D. ordinance and Planning Commission agenda.
Dr. Frost, Rotary Street, believes 72 hours is too short a notice for a public hearing.
Rich Panico, 453 Beechurst Avenue, noted P.U.D.s are under federal guidelines.
SPECIAL COMMITTEE REPORTS:
Councilor Justice reported that the next Sabraton Business Meeting will be on May 9th, 2002.
Mayor Scafella reported that the COMMPACT Committee had a meeting last month and sent a request to the DOH and should meet with the DOH soon.
NEW BUSINESS:
AN ORDINANCE AMENDING ARTICLE 1139.11 HEALTH & SANITATION CODE BY EXPANDING STREETS FOR GARBAGE PICKUP: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1139.11 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, BY EXPANDING THE NUMBER OF STREETS DESIGNATED AS REQUIRING DAILY GARBAGE PICKUP.
Motion by Byrne, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).
AN ORDINANCE AMENDING ARTICLE 1505 BY ADDING 1505.03 AS THE SAME APPLIES TO SMOKE DETECTORS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1505 OF THE CITY OF MORGANTOWN FIRE PREVENTION CODE BY ADDING THERETO A NEW SECTION 1505.03, AS THE SAME APPLIES TO SMOKE DETECTORS IN EXISTING RESIDENTIAL RENTAL DWELLING UNITS.
Motion by Byrne, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).
AN ORDINANCE AMENDING ARTICLE 169 AND ADDING 169.01(B) AND AMENDING 169.03, 169.04 & 169.06 AS THE SAME APPLY TO STORMWATER MANAGEMENT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 169 OF THE MORGANTOWN CITY CODE BY ADDING A NEW SECTION 169.01(B) THERETO AND AMENDING SECTIONS 169.03, 169.04 AND 169.06 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND CONTROL BY THE MORGANTOWN UTILITY BOARD.
Motion by Merow, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).
AN ORDINANCE ESTABLISHING A STORMWATER UTILITY: The following entitled Ordinance was presented for first reading:
AN ORDINANCE ESTABLISHING A STORMWATER UTILITY AND DELEGATING RESPONSIBILITY OF SAID UTILITY TO THE MORGANTOWN UTILITY BOARD.
Motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).
AN ORDINANCE ENACTING ARTICLE 929 AS THE SAME APPLIES TO STORMWATER MANAGEMENT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE ENACTING ARTICLE 929 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE CONTROL.
After discussion, motion by Merow, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).
CITY MANAGERS REPORT:
INFORMATION:
ITEM NO. 1:
On April 20, 2002, the City of Morgantown was presented two National Awards recognizing the success of the City's Urban Forest Programs. The first award from the national Arbor Day Foundation named Morgantown a Tree City USA for the fifth year in a row. The second award from the International Society of Arboriculture was the Gold Leaf Award for research and other special projects ongoing in the City. The City is very appreciative of these awards and more so to Jonathan Cumming, members of the Tree Board, the Beautification Commission, and Janie Ives for all of their good works invested in these projects.
ITEM NO. 2:
Recently an important opportunity rapidly developed to advance commercial service at the Morgantown Airport. Senator Rockefeller authored the Small Community Air Service Development Program to assist airports such as ours. With his encouragement, the Airport has worked closely with Benedum Airport, area Chambers of Commerce, local hotels, and other travel related businesses. Attached you will find a summary of a program application budgeting $420,000 for an intense, 1 year advertising program [TV, Billboard, print, radio, and brochures] coupled with discounts from area travel business to promote the two airports. I will keep you advised.
ITEM NO. 3:
As exciting as the above opportunity is, an even larger initiative at the Morgantown Airport is possible as described in the second attachment. Just recently the City was approached by Ohio University at Athens, Ohio to establish a new commercial service tying Athens to Morgantown to Baltimore. This $2,585,000 initiative would establish subsidies for a 3 year period with 19 round trips weekly using 19 seat Jetstream 31 aircrafts and again is proposed to be funded through the Small Community Air Service Development Program. The most important feature of this proposal would establish a second, major hub for the City in Baltimore with significantly more connections. Again, as this initiative matures, I will keep you advised.
ITEM NO. 4:
Another major milestone was realized last week when the Federal Register publicized Morgantown, WV, as one of the newest urbanized areas in the United States. We are one of 450 areas with a population in excess of 50,000 people. Our population was printed as 56,000 people in the urban area. This is an important step in being designated as a Metropolitan Statistical Area which opens up a new range of federal information data, federal grant programs and access to commercial development. I feel confident that next year we will be formally awarded that designation.
NEW BUSINESS:
ITEM NO. 1:
The Mon River Trails Conservancy is requesting $2,000 to support the third annual Trail Mix Festival to be held June 1, 2002. Given the important work this organization invests in construction, maintenance, and promotion of the areas trail network and the fact that this group traditionally triples this seed money request with Fair revenues to further support the area trails, I recommend that the request be granted from the Capital Escrow Account.
Motion by Merow, second by Byrne to approve taking $2,000 from the Capital Escrow Account to support the Trail Mix Festival. Motion carried 6-0. (Manilla Absent).
ITEM NO. 2:
Because of September 11 considerations, City Council made certain adjustments in lease terms and rates at the City Airport. As part of this issue and the potential for a hangar expansion, I recommend that the lease with Air Corps Services be extended an additional 6 months under the same terms and conditions to October 30, 2002.
Motion by Miller, second by Byrne approve extending the lease with Air Corps Services at the City Airport. Motion carried 6-0. (Manilla Absent).
CITY CLERK'S REPORT:
Linda Little called attention to the new lectern which was made by Kenny Holloway, Bill Rumble and Allen Johnson of the Public Works Department and announced United Way fund-raisers: the Colasessano pepperoni roll sale has started and the Hot Dog Sale date is August 27.
STAFF ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane thanked the Fire Department for helping with evacuation drill training at WVU Hospital and thanked the City Manager for following through with reflectors at Greenbag and Mississippi.
Councilor Manilla: Absent.
Councilor Miller: Councilor Miller received dog complaints and asked that the leash law be reviewed at the COW.
Councilor Justice: Councilor Justice noted problems with a Louise Avenue street light, a driveway at 933 Ridgeway, and an unregistered house at Jones and Louise. Councilor Justice said that 72 hours notice is convenient but it could be up to a week before the hearing and thanked Mr. Trevorrow for staying.
Councilor Byrne: Councilor Byrne has no objection to extending the notice before the P.U.D. public hearings.
Councilor Merow: Councilor Merow apologized that the motion to table had not been on the floor. Councilor Merow noted that senior citizens are concerned about gas budget increases and the flag needs replaced at Hazel Ruby McQuain Park.
Mayor Scafella: Mayor Scafella commented that Councilor Manilla is with his father and to keep him in mind.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:55 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.