REGULAR MEETING JULY 18, 2006:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 18, 2006, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, Assistant City Manager Jeff Mikorski, City Clerk Linda Little, City Attorney Steve Fanok, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Don Spencer. Bill Byrne Absent.
APPROVAL OF MINUTES: Minutes from the regular meeting on July 5, 2006, were approved as amended.
CORRESPONDENCE:
Mayor Justice summarized a request letter from CASA for Kids and a thank you letter for joining the Partnership for Working Toward Inclusive Communities and thanked the Botanic Garden for the tour today.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS AND SUBSECTIONS OF THE ZONING ORDINANCE AS APPLY TO ZERO LOT LINE DWELLINGS:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Milton Cohen, 1060 Ross Street, asked for an explanation of the changes.
There being no more appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING-AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH REGIONSAIR, INC. AT THE AIRPORT:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Milton Cohen, 1060 Ross Street, asked what are the details of the contract.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING-AN ORDINANCE ANNULLING ONE HUNDRED FEET OF GASTON AVENUE IN THE THIRD WARD:
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 AUTHORIZING A LEASE AGREEMENT WITH HERTZ CORPORATION AT THE AIRPORT:
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 AUTHORIZING A LEASE AGREEMENT WITH AVIS CORPORATION AT THE AIRPORT:
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 AMENDING SECTIONS AND SUBSECTIONS OF THE ZONING ORDINANCE AS APPLY TO ZERO LOT LINE DWELLINGS: The following entitled Ordinance was presented for second 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 explanation by the City Manager and discussion, motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 6-0. Byrne Absent.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH REGIONSAIR, INC. AT THE AIRPORT: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND REGIONSAIR, INC. (LESSEE) BY WHICH REGIONSAIR, INC. WILL OPERATE AT THE MORGANTOWN MUNICIPAL AIRPORT.
After the City Manager’s explanation, motion by Miller, second by Spencer, to adopt the above Ordinance. Motion carried 6-0. Byrne Absent.
AN ORDINANCE ANNULLING ONE HUNDRED FEET OF GASTON AVENUE IN THE THIRD WARD: The following entitled Ordinance was presented for second reading:
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 22' WIDE RIGHT-OF-WAY OF GASTON AVENUE, EXTENDING AND RUNNING A DISTANCE OF APPROXIMATELY ONE HUNDRED FEET FROM ITS INTERSECTION WITH COLLEGE AVENUE, IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
After additional explanation by the City Manager, motion by Manilla, second by Bane, to adopt the above Ordinance. Motion carried 6-0. Byrne Absent.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH HERTZ CORPORATION AT THE AIRPORT: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE HERTZ CORPORATION (LESSEE) REGARDING THE LEASING OF SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT FOR THE OPERATION OF A RENTAL CAR BUSINESS.
Motion by Scafella, second by Spencer, to adopt the above Ordinance. Motion carried 6-0. Byrne Absent.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH AVIS CORPORATION AT THE AIRPORT: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE AVIS CORPORATION (LESSEE) REGARDING THE LEASING OF SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT FOR THE OPERATION OF A RENTAL CAR BUSINESS.
Motion by Manilla, second by Bane, to adopt the above Ordinance. Motion carried 6-0. Byrne Absent.
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
Sam Stone, MountainFest, requested approximately 60 Share the Road signs be placed in town for safety on roads and the trails.
Milton Cohen, 1060 Ross Street, discussed the authority of the Mayor and the $7,000,000 bond ordinance.
Karen Giuliani, 256 Prairie Avenue, listed eight concerns with city government because of the proposed Riverview Center.
James Giuliani, 256 Prairie Avenue, spoke of issues with the new zoning ordinance passed January 3, 2006, and specific concerns with a Development of Significant Impact on Richwood Avenue.
Mark Furfari, 714 Richwood Avenue, commented on the Administrative Appeal and specific concerns with the Development of Significant Impact on Richwood Avenue.
Milton Cohen was allowed two more minutes to speak of Dorsey’s Knob.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Miller spoke of the Museum Commission’s participation in Kids’ Day and Councilor Manilla commented on the MRTC traffic mirror request for the trail by Southern States.
NEW BUSINESS:
A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (PARKING GARAGE PROJECT NO. 1): The below entitled Ordinance was presented for first reading:
A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (PARKING GARAGE PROJECT NO. 1), SERIES 2006 A OF THE CITY OF MORGANTOWN TO FINANCE COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PARKING GARAGE, CERTAIN STREETSCAPE AND INFRASTRUCTURE IMPROVEMENTS, AND ALL NECESSARY APPURTENANCES AND RELATED FACILITIES, AND OTHER EXPENSES AND COSTS RELATED THERETO AND TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A DEVELOPMENT AGREEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND A TAX AND NON-ARBITRAGE CERTIFICATE; AUTHORIZING DISTRIBUTION OF AN OFFICIAL STATEMENT OR OTHER OFFERING DOCUMENT; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, AGREEMENTS AND CERTIFICATES; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING PARAMETERS FOR THE PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES AND OTHER TERMS OF SUCH BONDS; AUTHORIZING THE MAYOR OR CITY MANAGER TO APPROVE A CERTIFICATE OF DETERMINATIONS RELATING TO THE FINAL TERMS OF THE BONDS; APPOINTING A TRUSTEE, REGISTRAR, PAYING AGENT AND OTHER PARTICIPANTS IN THE FINANCING; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS RELATING TO THE PROJECT AND ISSUANCE OF SUCH BONDS.
The rules were suspended to allow Vince Collins, Steptoe & Johnson, to give an explanation. After discussion, motion by Manilla, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Byrne Absent.
AN ORDINANCE APPROVING EASEMENTS BEING GRANTED TO THE WEST VIRGINIA BOARD OF GOVERNORS FOR PLACEMENT OF AN UNDERGROUND CHILLED WATER LINE IN THE STADIUM LOOP AREA: The below entitled Ordinance was presented for first reading:
AN ORDINANCE APPROVING EASEMENTS BEING GRANTED TO THE WEST VIRGINIA BOARD OF GOVERNORS BY THE CITY OF MORGANTOWN FOR THE PLACEMENT OF AN UNDERGROUND CHILLED WATER LINE THROUGH REALTY OWNED BY THE CITY AND LOCATED ADJACENT TO UNIVERSITY AVENUE WITHIN WHAT IS COMMONLY KNOWN AS THE STADIUM LOOP AND ALSO UNDER UNIVERSITY AVENUE WHERE IT ABUTS THE FOREGOING CITY REALTY.
Motion by Scafella, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Byrne Absent.
AN ORDINANCE AMENDING THE FY 2006-2007 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE FY 2006-2007 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 COAL SEVERANCE FUND.
Motion by Scafella, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Byrne Absent.
AN ORDINANCE APPROVING A LICENSE TO WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR TEMPORARY STORAGE OF CONSTRUCTION MATERIALS AT THE STADIUM LOOP: The below entitled Ordinance was presented for first reading:
AN ORDINANCE APPROVING A LICENSE BEING GRANTED BY THE CITY OF MORGANTOWN TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR THE TEMPORARY STORAGE OF CONSTRUCTION MATERIALS UPON REALTY OWNED BY THE CITY AND LOCATED ADJACENT TO UNIVERSITY AVENUE WITHIN WHAT IS COMMONLY KNOWN AS THE STADIUM LOOP.
Motion by Spencer, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 6-0. Byrne Absent.
CITY MANAGERS REPORT:
INFORMATION:
Item No 1:
Earlier this year, it was reported that the City’s health insurance rates and property and liability insurance rates were reduced because of favorable experience factors. Recently the City has learned that its Workers Compensation Experience Modification Rating is also a very attractive number. In a system that defines 1.0 as the average experience for all employers in a like class, the City of Morgantown’s factor is .68--32% better than the average. This designation is direct testimony to the mature, responsible character of the City’s workforce.
NEW BUSINESS:
Item No. 1:
Attached you will find a letter from Mountain Line requesting $20,000 to help fund a $100,000 Park and Ride Program. Given the merits of this project and the participation of the County and WVU, I recommend that the request be funded from the Capital Escrow Account.
After discussion, motion by Scafella, second by Manilla, to allocate $20,000 to help with this Park and Ride project. Motion carried 6-0. Byrne Absent.
Item No. 2:
The second attachment is a memo from the City Finance Director reporting the match requirement for the $188,136 DOT grant that is funding the support and promotion of the new commercial air service at the Airport. I agree with the Director’s comments and recommend that the match of $35,007 be funded from the Capital Escrow Account.
After discussion, motion by Miller, second by Spencer, to grant $35,007 from the Capital Escrow
Account. Motion carried 6-0. Byrne Absent.
Item No. 3:
The third item, placed at your desk, is a request by Ronald McDonald House Charities for a special Fair Permit, in conjunction with Archie’s Restaurant to participate in the WV MountainFest Motorcycle Rally to be held July 27th to July 30th. Based on the merits of the Ronald McDonald House in Morgantown and everything they have accomplished, I recommend that this request be approved.
Motion by Bane, second by Manilla, to approve the fair permit. Motion carried 6-0. Byrne Absent.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer complimented Gary Gray for article on home rule and discussed home rule and the 1987 legislature; spoke of the sister city program; requested global warming, community crisis planning, and vacant buildings on COW agendas; commented on Barry’s Office Supply closing and Mr. Giuliani’s presentation; commended Chief Scott for revised report and Milt Cohen for his desire to participate.
Councilor Byrne: Absent.
Councilor Miller: Councilor Miller observed that the Planning Commission was concerned about parking and the scope of the Richwood Avenue project and noted new houses replacing old homes in New Suncrest.
Councilor Scafella: Councilor Scafella said that new homes are also replacing old ones in Wiles Hill, gave an update on the Senior Center and park activity, and agreed, in principle, with Bane about the zoning ordinance.
Councilor Manilla: Councilor Manilla summarized the truck traffic legal issues; commented on underage drinking, commended Gary Gray’s article on home rule, and remarked on home rule and the Property Maintenance report.
Councilor Bane: Councilor Bane addressed calls about delivery trucks on sidewalks: damage and inappropriateness, and urged an independent way to look at the zoning ordinance to help the Planner identify “red flags”.
City Attorney Fanok advised that the people that participated in the hearing before the BZA have 30 days to appeal the BZA ruling to the Circuit Court, and requested Council not to debate the case during or after that time period; maybe the ordinance, but not the particular case.
Mayor Justice: Mayor Justice suggested a need to re-look at the zoning ordinance for clarity’s sake and noted the Planner and City Attorney both need to be part of the review; announced 30 new homes to be built in Woodburn and Sabraton Avenue areas, and George Lies and Dan Weiner as sister city contacts; and requested that Bane be part of the crisis planning update for the September COW.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:20 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.