REGULAR MEETING JUNE 6, 2006:


            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 6, 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.


APPROVAL OF MINUTES: Minutes from the regular meeting on May 16, 2006, were approved as printed.


CORRESPONDENCE: 


            Mayor Justice mentioned the Friends of Deckers Creek Annual Report, and an Article that was in The Journal congratulating Morgantown for being named one of the best small places to live in the United States.

Mayor Justice, Councilor Scafella and Boparc Director Mark Wise presented Susan Seitz with a Certificate of Recognition and a Plague in honor of Dr. Jacob R. Seitz for his service to the City of Morgantown. Mayor Justice reported on the Youth Commission retreat this past weekend and mentioned that the Youth Commission will report back to Council on their plans for the 2006-2007 school year.


PUBLIC HEARING-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:


            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.


PUBLIC HEARING-AN ORDINANCE REZONING NINE PARCELS OF REAL ESTATE IN THE THIRD WARD FROM (R-3) MULTI-FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT:


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


            Eric Garrett, Vice President of Development S.C. Bodner Company, thanked the City for considering this development in Sunnyside and complimented City Administration on being professional and easy to work with and am excited about the completion of this project.


            Michael Pinion, 109 McClain Avenue, Pinion Realty joint venture partners with this project

and know that this community will be proud of this project when it is completed.


            Don Oates, Executive Director Sunnyside Up, commented that he is so excited about this project in Sunnyside and thanks City Manager and City Administration for their cooperation and assistance with this project.


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


UNFINISHED BUSINESS:

 

            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 following entitled Ordinance was presented for second 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, motion by Scafella, second by Miller, to adopt the above Ordinance. Councilor Spencer, second by Bane to move that the two sections 304.07 & 305.07 not be changed and leave the 6ft in for sidewalks. Approval of changes would remain a function of the BZA Board. Motion carried 6-1(Byrne NO). After more discussion, a vote was taken on the main motion. Motion carried 7-0.


            AN ORDINANCE REZONING NINE PARCELS OF REAL ESTATE IN THE THIRD WARD FROM (R-3) MULTI-FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT: The following entitled Ordinance was presented for second reading:       

            AN ORDINANCE PROVIDING FOR THE REZONING OF NINE PARCELS OF REAL ESTATE IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM (R-3) MULTI-FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING ARTICLE 300 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 Byrne, second by Miller, to adopt the above Ordinance. Motion carried 7-0.

 

BOARDS AND COMMISSIONS:


            By acclamation the following are reappointed to the Ward & Boundary Commission: Don West, 1stWd; Steve Carpenter, 4thWd and William Ryan, 5th Wd.

 

 

            Mayor Justice requested that an agenda item for the next COW be Non-Voting Members for Boards and Commissions.

 

PUBLIC PORTION:

 

            Dan Hursh, 2616 University Avenue, support of passage of the Ordinance in rerouting trucks in Morgantown.

 

            Barb Howe, 432 Riley Avenue, suggested that the DOH put up rubber posts especially at areas like

Spruce & Walnut Street.

 

            Charles McEwuen, 324 Grandview Avenue, mentioned the Street Scape project, requested that the junction box be put in for the lights in downtown during the construction period. Mr. McEwuen stated with the activities picking up in downtown, it is important to have the lights up and working as soon as possible.

 

            Mayor Justice mentioned that at the June COW, DOH will be attending to talk about the Truck Issue Down Town. Councilor Scafella commented that there are more 18 wheelers now turning from Walnut to University and 6th to Beechurst and is happening at all junctures and are having trouble navigating and this is something we must address. Councilor Miller agreed this is a problem that needs addressed immediately. Councilor Byrne agreed with the rubber post idea that Barb Howe suggested as practical and economical.

Councilor Byrne and Mayor Justice requested that the junction box be put in for the lights in downtown for the Street Scape Project. City Manager Dan Boroff commented he will take care of this first thing tomorrow morning.

 

            There being no more appearances or objections, Mayor Justice declared this public portion closed.

 

SPECIAL COMMITTEE REPORTS:

 

            Mayor Justice reported that there will be a grand opening on Saturday, July 1, 2006, at 10am for the Dorsey Knob Deck.

 

NEW BUSINESS:


            AN ORDINANCE REZONING ONE PARCEL OF REAL ESTATE IN THE FIRST WARD FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE PROVIDING FOR THE REZONING OF ONE PARCEL OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS DISTRICT BY AMENDING ARTICLE 300 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 Bane, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

 

By acclamation the below agenda item was moved by the request of the Mayor.


            CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL RESOLUTION PROVIDING AS TO PRINCIPAL AMOUNT, DATE, MATURITY DATE, REDEMPTION PROVISION, INTEREST RATE, INTEREST AND PRINCIPAL PAYMENT DATES, SALE PRICE AND OTHER TERMS OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2006 A (WEST VIRGINIA SRF PROGRAM), OF THE CITY OF MORGANTOWN, APPROVING AND RATIFYING A LOAN AGREEMENT RELATING TO SUCH BONDS AND THE SALE AND DELIVERY OF SUCH BONDS TO THE WEST VIRGINIA WATER DEVELOPMENT AUTHORITY; DESIGNATING A REGISTRAR, PAYING AGENT AND DEPOSITORY BANK; AND MAKING OTHER PROVISIONS AS TO THE BONDS: The above entitled Resolution was presented for Council’s approval.

            

            Motion by Scafella, second by Byrne, to approve the above Resolution. Motion carried 7-0.


            AN ORDINANCE AMENDING THE STREETS, UTILITIES AND PUBLIC SERVICES CODE AS APPLIES TO RESPONSIBILITY OF KEEPING SIDEWALKS CLEAN: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AMENDING SECTION 913.03 OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO RESPONSIBILITY OF KEEPING SIDEWALKS CLEAN.

            

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


            AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE BY ENACTING A NEW SECTION 181.21: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AMENDING ARTICLE 181 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN BY ENACTING A NEW SECTION 181.21 WHICH ESTABLISHES A MANDATORY MUNICIPAL COURT FEE ASSESSMENT FOR PURPOSES OF FUNDING THE MONONGALIA COUNTY TEEN COURT PROGRAM.

            

            After discussion and the City Manager’s explanation, motion by Byrne, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.


            AN ORDINANCE APPROVING AN EASEMENT TO THE WVU BOARD OF GOVERNORS ACROSS RAWLEY AVENUE IN THE SEVENTH WARD: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE APPROVING AN EASEMENT BEING GRANTED TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS BY THE CITY OF MORGANTOWN FOR THE PLACEMENT OF TELECOMMUNICATIONS CONDUITS UNDER AND ACROSS RAWLEY AVENUE, LOCATED IN THE CITY’S SEVENTH WARD.

            

            After discussion and the City Manager’s & City Attorney’s explanation, motion by Miller, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.



            AN ZONING ORDINANCE AMENDMENT TO REPEAL ZERO LOT LINE DWELLING PROVISIONS : The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AMENDING SECTIONS AND SUBSECTIONS 201, TABLE 300.05.01, 302.04, 303.05, 304.04, AND TABLE 401.04.01 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO ZERO LOT LINE DWELLINGS.

            

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


            AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH WHARF PLACE, LLC (LESSEE) REGARDING LAND AT THE AIRPORT: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND WHARF PLACE, LLC (LESSEE) REGARDING THE LEASING OF LAND LOCATED AT THE MORGANTOWN MUNICIPAL AIRPORT; TO BE USED FOR THE CONSTRUCTION OF A HANGAR WHICH WILL BE OCCUPIED BY THE LESSEE.

            

            After discussion and the City Manager’s explanation, motion by Scafella, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.


            AN ORDINANCE AMENDING THE FY 2005-2006 GENERAL FUND BUDGET: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.  


            After discussion and the City Manager’s explanation, motion by Scafella, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.


            AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR EMPLOYEES FOR THE FY 2006-2007: The below entitled Ordinance was presented for first reading:


            AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2006-2007.

            

            After discussion and the City Manager’s explanation, motion by Miller, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 6-0. (Spencer Absent)


            AN ORDINANCE AMENDING SECTIONS (LONGEVITY PAY), (SHIFT DIFFERENTIAL), AND (HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES : The below entitled Ordinance was presented for first reading:


            AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.

            

            After discussion and the City Manager’s explanation, motion by Scafella, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.


            CONSIDERATION OF APPROVAL OF A RESOLUTION TO AMEND THE 2005-2006 MORGANTOWN MUNICIPAL AIRPORT FUND AND TO APPROVE THE 2006-2007 MORGANTOWN MUNICIPAL AIRPORT FUND AND AIRPORT IMPROVEMENT FUND BUDGET: The above entitled Resolution was presented for Council’s approval.


            After discussion, motion by Miller, second by Byrne, to approve the above Resolution. Motion carried 7-0.


            CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $10,000 GRANT TO THE BOPARC SENIOR CENTER FOR A SENIOR CENTER COMPUTER AREA: The above entitled Resolution was presented for Council’s approval.


            Motion by Byrne, second by Bane, to approve the above Resolution. Motion carried 7-0.


            CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $3,000 GRANT TO THE MOUNTAINEER KENNEL CLUB FOR AGILITY EQUIPMENT AND TRAINING EQUIPMENT: The above entitled Resolution was presented for Council’s approval.

            

            Motion by Scafella, second by Miller, to approve the above Resolution. Motion carried 7-0.

 

            CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $5.000 GRANT TO THE ROSENBAUM FAMILY HOUSE FOR NEW CARPETING: The above entitled Resolution was presented for Council’s approval.


            Motion by Spencer, second by Bane, to approve the above Resolution. Motion carried 7-0.

            

CITY MANAGERS REPORT:

 

NEW BUSINESS:

Item No. 1:

Attached you will find a request from MountainFest, LLC seeking a festival permit to support the Wild & Wonderful MountainFest Motorcycle Rally that will take place July 28th through July30th. Granting this request will allow controlled beer sales at Hazel Ruby McQuain Park in support of the Rally. Given the success of last year’s event, I recommend that the request be granted and a letter of support be forwarded to the WV Alcohol Beverage Control Commission.

 

            Motion by Scafella, second by Manilla to approve the request to support the Wild & Wonderful MountainFest Motorcycle Rally in July. Motion carried 7-0.

 

Item No. 2:

The second attachment is a temporary easement trail agreement with BOCCI, LLC that will allow a detour on the Caperton trail in support of the River Center Project being constructed. To assure that the construction project is realized in a timely way, I recommend that the agreement be approved.

 

            After discussion, motion by Byrne, second by Spencer, to approve the agreement with BOCCI, LLC which will allow a detour on the Caperton trail. Motion carried 7-0.

 

Item No. 3:

The last attachment is a contract with DMJM Harris to provide inspection services for the Monongahela River Center Project for a cost not to exceed $26,000 to be paid from State Economical Grant funds. Given the scope of services to be provided and to assure that the project is completed in a timely way, I recommend that the agreement be approved.

 

            Motion by Byrne, second by Bane to approve the contract with DMJM Harris to provide inspection services for the Mon. River Center Project not to exceed $26,000. Motion carried 7-0.

 

CITY CLERK'S REPORT:

 

            City Clerk Little thanked the community/volunteers for supporting the UW pepperoni roll sale.

 

CITY ATTORNEY'S REPORT:

 

            No Report.

 

REPORT FROM COUNCIL MEMBERS:

 

Councilor Bane:                                             No report.

 

Councilor Manilla:                                         Councilor Manilla requested Wall Street maintenance and commented that fire stations are excellent neighbors.

 

Councilor Scafella:                                         Councilor Scafella thanked Senators Oliverio and Prezioso for Wiles Hill Senior Center grant and noted the open house in August; and commented on tree trimming and milling adding to traffic problems.

 

Councilor Miller:                                            Councilor Miller announced the Evansdale Neighborhood Association meeting.

 

Councilor Byrne:                                            Councilor Byrne thanked MUB and the City for fixing a Diamond Street drainage problem; gave a reminder of the affordable housing symposium; commented that he will play in the J. R. Clifford Case in Harper’s Ferry; and asked if the DOH will be at the COW.

 

                                                                        City Manager Boroff replied that the DOH will have state level                                                                    representatives at the June COW.

 

Councilor Spencer:                                         Councilor Spencer thanked Karen Woodford and Jamie Lester for Woodburn neighborhood presentation at the COW; gave National Neighborhood Celebration dates; discussed a broadband access handout and asked the City Manager to form a broadband committee; spoke about fire stations in neighborhoods and thanked Peg Kovack for her letter in the Dominion Post; reflected on traffic and transportation problems.

 

Mayor Justice:                                                Mayor Justice requested a Neighborhood Week proclamation; mentioned the affordable housing conference, visiting two USC housing villages and a meeting to possibly increase affordable housing program funding; referred to Jeff neighborhood linking questions; requested tentative start/end paving dates; announced Woodburn NHA has a sign design; noted the Main Street breakfast and the MPO meeting.

 

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:20 p.m.


 

_____________________________                          __________________________________

City Clerk                                                                   Mayor



*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.