REGULAR MEETING SEPTEMBER 4, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 4, 2007, at 7:30P.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, Charlie Byrer, Jenny Selin, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on August 21, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice announced proclamations for Arbor Day and WBOY’s 50th anniversary and read a resolution in support of wilderness forest areas. Motion by Selin, second by Byrne, to approve the resolution. Motion carried 7-0.
PUBLIC HEARING - AN ORDINANCE AMENDING ZONING AS TO THE MINIMUM REAR SETBACK REQUIREMENT IN THE B-4NPOD:
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 12 PARCELS OF REAL ESTATE IN 4TH WARD FROM O-I TO PUD:
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 - COMMENTS ON THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS (WEST VIRGINIA UNIVERSITY ALUMNI ASSOCIATION, INC. PROJECT):
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced ordinance.
Vincent Trivelli, 178 Chancery Row, mentioned pending litigation and had several questions.
There being no more appearances or objections, Mayor Justice declared this public hearing closed.
Fred Williams, Steptoe & Johnson, responded to the questions.
City Manager Boroff, by request, summarized the project.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING ZONING AS TO THE MINIMUM REAR SETBACK REQUIREMENT IN THE B-4NPOD: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1362.03 (A)(4) OF THE PLANNING AND ZONING CODE PERTAINING TO THE MINIMUM REAR SETBACK REQUIREMENT IN THE B-4NPOD, B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT.
After discussion, motion by Spencer, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE REZONING 12 PARCELS OF REAL ESTATE IN 4TH WARD FROM O-I TO PUD: The below entitled Ordinance was presented for second reading:
AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ALL OR A PORTION OF TWELVE PARCELS OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM O-I, OFFICE AND INSTITUTIONAL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING ARTICLE 1331.02 OF THE PLANNING & ZONING CODE 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 Manilla, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL PRESENTATION:
Jason Parsons and Erica Rogers, WVU Student Government Association, presented a safe and affordable housing resolution. Jim Hunt, Sunnyside Up, thanked Student Government for their collaboration and remarked on the exemplary landlords in the Sunnyside area.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne reflected on his trip to Guanajuato, Mexico and presented a UNESCO book, a photograph of the proclamation presentation, and a pin to the Mayor. Councilor Spencer anounced the Neighborhood Coordinating Council meeting.
NEW BUSINESS:
AN ORDINANCE AUTHORIZING A LEASE WITH AUGUSTA APARTMENTS, LLC FOR TEMPORARY TENANT PARKING: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND AUGUSTA APARTMENTS, LLC (LESSEE) REGARDING CITY OF MORGANTOWN REALTY LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AND WHICH AUGUSTA APARTMENTS, LLC INTENDS TO USE FOR TEMPORARY VEHICULAR PARKING FOR AUGUSTA APARTMENT TENANTS.
After discussion, motion by Manilla, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE TO CORRECT THE ZONING MAP BY RECLASSIFYING 23 PARCELS IN THIRD WARD TO PRIOR DESIGNATIONS AND REZONE ONE PARCEL FROM R-3 TO SQUARE AT FALLING RUN PUD: The below entitled Ordinance was presented for first reading:
AN ORDINANCE TO CORRECT ERRORS IN THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN BY RECLASSIFYING TWENTY-ONE PARCELS IN THE THIRD WARD TO THEIR RESPECTIVE ZONING DESIGNATION OF RECORD PRIOR TO THE JANUARY 3, 2006 ZONING MAP AMENDMENT AND TO REZONE ONE PARCEL IN THE THIRD WARD FROM R-3 TO PUD AS IT RELATES TO THE SQUARE AT FALLING RUN PUD 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 the City Manager’s explanation, motion by Byrne, second by Selin, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
A RESOLUTION AND ORDINANCE FOR THE ISSUANCE OF NOT MORE THAN $3,000,00 IN TAX INCREMENT REVENUE BONDS FOR FALLING RUN 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 $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (FALLING RUN PROJECT NO.1), SERIES 2007 A OF THE CITY OF MORGANTOWN TO FINANCE COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO. 1, 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, AND A TAX AND NON-ARBITRAGE CERTIFICATE AND OTHER DOCUMENTS FOR SUCH BONDS; AUTHORIZING DISTRIBUTION OF AN OFFICIAL STATEMENT, A LIMITED OFFERING MEMORANDUM, A PRIVATE PLACEMENT MEMORANDUM OR OTHER OFFERING DOCUMENT FOR SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, AND 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 AND CITY MANAGER TO APPROVE, EXECUTE AND DELIVER A CERTIFICATE OF DETERMINATION 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.
After explanation by the City Manager, motion by Manilla, second by Selin, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH COMCAST: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (GRANTOR) AND COMCAST OF COLORADO/PENNSYLVANIA/WEST VIRGINIA, LLC (GRANTEE).
After discussion, motion by Manilla, second by Byrer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A SOLID WASTE AGREEMENT WITH ALLIED WASTE SERVICES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A SOLID WASTE MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC.
After explanations by the City Manager and Jeff Harvey and discussion, motion by Spencer, second by Byrne, to pass the above entitled Ordinance to second reading. Amendment by Spencer, second by Byrne, to delete “and remove paper labels” from page 21(V)(B); add “For Collection” to page 22(VI); and add “By virtue of this contract, it is understood that the contractor, Allied Waste, will service such drop-off containers with documented rate adjustments as necessary.” to page 3( I.)(G). Motion carried 7-0. Amendment by Byrne, second by Selin, to add “and Sunday” to page 7, paragraph 2B. Motion carried 7-0. Main motion carried 7-0.
CONSIDERATION OF APPROVAL OF A BOND AUTHORIZING RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT TO EXCEED $8,400,000 AGGREGATE PRINCIPAL AMOUNT OF THE ISSUER’S COMMERCIAL DEVELOPMENT REVENUE BONDS (WEST VIRGINIA UNIVERSITY ALUMNI ASSOCIATION, INC. PROJECT), SERIES 2007; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING PARAMETERS FOR ESTABLISHING THE PRINCIPAL AMOUNTS, PROVISIONS FOR REDEMPTION AND MATURITY OF, AND RATES OF INTEREST ON AND OTHER TERMS AND PROVISIONS OF SUCH BONDS; APPOINTING THE MAYOR AS THE REPRESENTATIVE OF THE ISSUER TO APPROVE THE FINAL TERMS AND PRICING OF THE BONDS WITHIN SUCH PARAMETERS; AUTHORIZING THE EXECUTION OF A TRUST INDENTURE, A LOAN AGREEMENT, A TAX REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT WITH RESPECT TO THE BONDS; REQUESTING THE TRUSTEE TO AUTHENTICATE SUCH BONDS; AUTHORIZING THE APPOINTMENT OF A TRUSTEE, REGISTRAR, AND PAYING AGENT; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS; AND THE TAKING OF ALL OTHER ACTIONS RELATING TO SUCH FINANCING: The above entitled Resolution was presented for Council’s approval:
After discussion, motion by Bane, second by Manilla, to approve the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No 1:
Attached is a brief memo describing a proposed change in the City’s Health Insurance Program that would extend coverage for unmarried, full time student dependents. Based upon changes in State law, industry practices and the advice of the City’s consultants, I recommend that the change be authorized.
Motion by Bane, second by Manilla, to accept the change in the Health Insurance Program which would extend coverage for unmarried, full time student dependent. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little thanked everyone at the hot dog sale and announced a blood drive.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer noted street lighting deficiency on University Avenue and brush and litter complaints on Stewart Street; discussed rental property regulations; and commented on the transportation service fee.
Councilor Byrne: Councilor Byrne discussed enforcing all the codes for rental properties.
Councilor Selin: Councilor Selin wondered how to address this issue and commended the Suncrest NHA for their meetings.
City Manager Boroff stated there will be a special report on rental housing at the COW.
Councilor Byrer: Councilor Byrer asked about illegal parking regulations and requested a street light at Protzman and Mason Streets.
Councilor Manilla: Councilor Manilla commented on Collins Ferry Road weed complaints, requested more user fee information and remarked that 90% of landlords are good landlords.
Councilor Bane: Councilor Bane addressed Sunnyside code violations; asked about boats parking like cars; said the Wheeling Symphony was great and thanked the students involved in the Willowdale Sidewalk Project.
Mayor Justice: Mayor Justice announced a transportation user fee forum; thanked the Hazel Ruby McQuain Foundation for the symphony; observed that the County Commission is in charge of the user fee; and thanked the Police and Public Works Departments for a good job on the busy weekend.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:13 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.