REGULAR MEETING JULY 7, 2009:
The regular meeting of the Common Council of the City
of Morgantown was held in the Council Chambers on Monday, July 7, 2009, at 6:30 P.M.
PRESENT:
Mayor Bill Byrne, City Manager Dan Boroff, City Clerk Linda Little, City Attorney
Steve Fanok, Council Members, John
Gaddis, Charlie Byrer, Jenny Selin, Marti Shamberger, Don Spencer. Ron Bane
& Jeff Mikorski Absent
The meeting was called to order by the City Clerk.
OATH OF OFFICE FOR CITY COUNCIL:
City Clerk Little administered the oath to the members
of the 2009-2011 City Council.
ELECTION OF MAYOR AND DEPUTY MAYOR:
Nomination of Bill Byrne for Mayor motion by Gaddis,
second by Selin. There were no other nominations. Bill Byrne was elected as Mayor for 2009-2010
by a vote of 6-0. Ron Bane Absent
Nomination of Don Spencer for Deputy Mayor motion by
Selin, second by Byrer. There were no other nominations. Don Spencer was
elected as Deputy Mayor for 2009-2010 by a vote of 6-0. Ron Bane Absent
City Clerk Little administered the oath to Mayor Bill
Byrne and Deputy Mayor Spencer.
Mayor Byrne thanked Council for their votes of
confidence in him as the new Mayor. He also thanked his wife and family for
being present during this special time for him. He talked about why he wanted
to be the Mayor and what he can offer to the position, the City, and Citizens
of Morgantown. He promised to do his best in the position of Mayor and that he would
do his part to continue the growth of the City.
APPROVAL OF MINUTES: Minutes from
the regular meeting on June 16, 2009, was approved as printed and the special
meeting on June 30, 2009, was approved as corrected.
CORRESPONDENCE: There were no items of correspondence.
PUBLIC HEARING - AN ORDINANCE AMENDING TABLE
1331.05.01 OF THE PLANNING & ZONING CODE PERTAINING T0 “TATTOO PARLOR”
& “BODY -PIERCING STUDIO” USES:
Pursuant to a legal notice appearing in the Dominion
Post, Mayor Byrne called for a public hearing on the above referenced
ordinance.
There being no appearances or objections, Mayor Byrne
declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 1356.06
& 1365.09 OF THE PLANNING &
ZONING CODE PERTAINING TO “PARKING SPACES” & “PARKING DEVELOPMENT”:
Pursuant to a legal notice appearing in the Dominion
Post, Mayor Byrne called for a public hearing on the above referenced
ordinance.
There being no appearances or objections, Mayor Byrne
declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 1321.08
“TREES” OF THE PLANNING & ZONING CODE AS IT PERTAINS TO PROVISIONS AND
UPDATING TREES AND SHRUBS:
Pursuant to a legal notice appearing in the Dominion
Post, Mayor Byrne called for a public hearing on the above referenced
ordinance.
There being no appearances or objections, Mayor Byrne
declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 1367 “LANDSCAPING AND SCREENING” OF THE PLANNING
& ZONING CODE AS IT PERTAINS TO PROVISIONS AND UPDATING TREES AND SHRUBS:
Pursuant to a legal notice appearing in the Dominion
Post, Mayor Byrne called for a public hearing on the above referenced
ordinance.
There being no appearances or objections, Mayor Byrne
declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE PROVIDING FOR ZONING
RECLASSIFICATION OF REALTY IN THE 6TH
WARD FROM (R-1A) TO PUD BY AMENDING 1331.01 OF THE PLANNING & ZONING CODE:
Pursuant to a legal notice appearing in the Dominion
Post, Mayor Byrne called for a public hearing on the above referenced ordinance.
Charles Moury, 269 Jerome Street appeared and spoke in
opposition of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood.
Kim Hogeno, 1326 Montrose Avenue appeared and spoke in
opposition of the rezoning and proposed project in the Jerome Park
neighborhood.
Samantha Nara, 1272 Carlisle Avenue appeared and spoke
in opposition of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. She then read a letter to Council from the citizens of Jerome Park
asking them to allow the Neighborhood Association to form properly before
making a decision on the Ordinance.
Ken Nara, 1272 Carlisle Avenue appeared and spoke in
opposition of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. He felt the voices of the community need to be heard in this
matter.
Caleb Winters, 1261 Carlisle Avenue appeared and spoke
in favor of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood, provided Habitat for Humanity stay within the limit of building
only 10 individual homes.
Anita Lewis, 1253 Center Avenue appeared and spoke in
opposition of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. She pleaded to Council APlease
don=t do this to us.@
Andrea
Soccorsi, 1259 Richwood Avenue appeared and spoke in opposition of the rezoning
Ordinance and proposed project in the Jerome Park neighborhood. She then passed
out a handout comparing this situation to that of other communities where this
type of development is concerned.
Beverly
Dalton, 1271 Richwood Avenue appeared and spoke regarding the rezoning
Ordinance and proposed project in the Jerome Park neighborhood. She asked
Council to consider the feelings of the citizens who will be affected by this
decision.
James Mohrman, 1256 Carlisle Avenue appeared and spoke
in opposition of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. He stated that he lives 200 feet from the proposed building site
and asked Council to reconsider the project.
Kelly Sundberg, 1261 Carlisle Avenue appeared and
spoke in opposition of the rezoning Ordinance and proposed project in the
Jerome Park neighborhood. She asked Council to reevaluate the number of homes
proposed and urged them to keep a balance in the community.
Don Ayersman, 1125 Denver Avenue appeared and spoke
regarding the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. He seconded the request to allow the Neighborhood Association to
form before Council passes the Ordinance and stated that 10 homes are plenty.
He felt there was a lack of information about the project available to the
citizens.
Tracy Thorne, Executive Director, Habitat for Humanity
appeared and spoke in favor of the rezoning Ordinance and proposed project in
the Jerome Park neighborhood. She explained to Council and the citizens that
the utmost efforts for transparency have been made, and that they are available
to answer any questions to make the process more efficient and accessible to
the public.
Tanya Kuplan, 1269 Carlisle, appeared and spoke in
regarding the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. She asked Council to consider the feelings of the area residents.
The Pastor of Sabraton United Methodist Church
appeared and spoke in favor of the rezoning Ordinance and proposed project in
the Jerome Park neighborhood. He stated that there is a great need for this
type of housing in our community and there are also others in the community
that agree with this project.
Monica Andis, 1120 Denver Avenue appeared and spoke in
favor of the rezoning Ordinance and proposed project in the Jerome Park
neighborhood. She expressed that she supported the first two phases of houses,
but not the third phase.
There being no more appearances or objections, Mayor
Byrne declared this public hearing closed.
Mayor Byrne expressed gratitude for the citizens
coming forward to give their views in a civil manner; and for banding together
and revitalizing their Neighborhood Association in Jerome Park.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING TABLE 1331.05.01 OF THE
PLANNING& ZONING CODE PERTAINING T0 “TATTOO PARLOR” & “BODY -PIERCING
STUDIO” USES: The below entitled
Ordinance was presented for second reading:
AN ORDINANCE AMENDING TABLE 1331.05.01 APERMITTED LAND USES@ OF THE
PLANNING AND ZONING CODE AS IT PERTAINS TO ATATTOO
PARLOR / BODY-PIERCING STUDIO@ USES.
Motion by Shamberger, second by Gaddis, to adopt the
above entitled ordinance. Motion carried
6-0. Councilor Bane was absent.
AN ORDINANCE AMENDING ARTICLE 1356.06 & 1365.09 OF
THE PLANNING & ZONING CODE PERTAINING TO “PARKING SPACES” & “PARKING
DEVELOPMENT”: The below entitled
Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1365.06 APARKING SPACES ACCESSIBLE TO THE DISABLED@ AND ARTICLE 1365.09 APARKING
DEVELOPMENT STANDARDS@ OF THE PLANNING AND ZONING CODE.
Motion by Gaddis, second by Spencer, to adopt the
above entitled ordinance. Motion carried
6-0. Councilor Bane was absent.
AN ORDINANCE AMENDING ARTICLE 1321.08 “TREES” OF THE
PLANNING & ZONING CODE AS IT PERTAINS TO PROVISIONS AND UPDATING TREES AND
SHRUBS: The below entitled
Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1321.08 ATREES@ OF THE PLANNING AND ZONING CODE AS IT RELATES TO
REMOVING DUPLICATED PROVISIONS AND UPDATING THE APPROVED STREET TREES AND
SHRUBS LIST.
Motion by Gaddis, second by Byrer, to adopt the above
entitled ordinance. Motion carried 6-0.
Councilor Bane was absent.
AN ORDINANCE AMENDING ARTICLE 1367 “LANDSCAPING AND
SCREENING” OF THE PLANNING & ZONING CODE AS IT PERTAINS TO PROVISIONS AND
UPDATING TREES AND SHRUBS: The
below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1367 ALANDSCAPING AND SCREENING@ OF THE PLANNING AND ZONING CODE AS IT RELATES TO
REMOVING DUPLICATED PROVISIONS AND UPDATING THE APPROVED STREET TREES AND
SHRUBS LIST.
Motion by Gaddis, second by Shamberger, to adopt the
above entitled ordinance. Motion carried
6-0. Councilor Bane was absent.
AN ORDINANCE PROVIDING FOR ZONING RECLASSIFICATION OF
REALTY IN THE 6TH WARD FROM
(R-1A) TO PUD BY AMENDING 1331.01 OF THE PLANNING & ZONING CODE:
The below entitled Ordinance was presented for second
reading:
AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION
OF REALTY IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY
RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING
ARTICLE 1331.02 OF THE PLANNING AND 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 AS FULLY SET FORTH THEREIN.
After discussion, motion by Byrer, second by Gaddis,
to table the above entitled ordinance. Motion failed 4-2, Councilor Bane was
absent, Councilors Byrer and Gaddis voted FOR the Table. After further
discussion, motion by Spencer, second by Selin to take a vote on the main
motion. Motion carried 4-2, Councilor Bane was absent, Councilors Byrer and
Gaddis voted NO.
BOARDS AND COMMISSIONS: No Boards and
Commissions at this time.
PUBLIC PORTION:
Jim Stevens, 410 B, Pennsylvania Avenue stated that in
his area there are more cars than parking, and residents are not following procedures
and acquiring necessary permits. He asked for Police enforcement of the
situation.
Mike Pinion, 109 McClain Avenue, Property Owner,
commented on trash and suggested two-a-day pick up for student areas to help
resolve the garbage overflow.
There being no more appearances or objections, Mayor
Byrne declared this public portion closed.
SPECIAL COMMITTEE REPORTS: No Reports.
NEW BUSINESS:
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY AND
WILLIAM A. BONFILI REGARDING MET BILLIARD PARLOR: The below entitled Ordinance was presented for
first reading:
AN ORDINANCE APPROVING A LEASE AGREEMENT BY AND
BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND WILLIAM A. BONFILI (LESSEE)
REGARDING THE MET BILLIARD PARLOR.
After discussion and explanation by the City Manager,
motion by Gaddis, second by Shamberger, to pass the above entitled Ordinance to
second reading. Motion carried 6-0, Councilor Bane was absent.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
As per the first attachment, a letter has been forwarded to the State
supporting a special license to serve beer and wine at the Jim Dunn Memorial
Scholarship Dinner to be held in the Wharf District Garage on July 11, 2008.
NEW BUSINESS:
Item No. 1:
The second attachment is a letter from Main Street Morgantown requesting a
Festival Permit as part of Brew HA HA - a new promotion for the Downtown that
will be held on August 8, 2009, from 3:00 p.m. until 7:00 p.m. Based upon the character of the event, I
recommend that the request be granted.
Motion by Selin, Second by Byrer to approve the above
requested Festival Permit. Motion approved by acclamation.
Item No. 2:
The third attachment is a memo from the Public Works Director reporting bid
results for laboratory services for the landfill. I agree with her comments and
recommend that the contract be awarded to the low bidder Reliance Laboratories
for a cost of $9,822.
After discussion, motion by Shamberger, Second by
Spencer to approve the bid results. Motion approved by acclamation.
Item No. 3:
The fourth attachment is a proposed amendment to the Capital Escrow Budget
totaling $278,000. Based upon the merits
of the noted projects, I recommend that the amendment be adopted.
Motion by Selin, Second by Gaddis to approve the
Capital Escrow Budget Amendment. Motion approved by acclamation.
Item No. 4:
The last attachment is a memo from the City’s Chief Code Enforcement Official
describing a proposed Building Code Certification Incentive Program. Given certification requirements and value
added to City inspection programs, I
agree with his suggestions and recommend that a $.15 per hour incentive be
authorized for each job related certification after the first one.
After discussion, motion by Selin, Second by Gaddis to
approve the above requested incentive for Code Enforcement Officers. Motion
approved by acclamation.
CITY CLERK'S REPORT: No Report.
CITY ATTORNEY'S REPORT: No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor
Bane: Absent
Councilor Gaddis: Councilor
Gaddis: No Report.
Councilor Byrer: Councilor
Byrer offered his congratulations to Mayor Byrne and Deputy Mayor Spencer on
being elected to their positions.
Councilor Selin: Councilor
Selin reminded everyone about the upcoming Kid=s Day
event and encouraged them to participate.
Councilor Shamberger: Councilor
Shamberger: No
Report.
Councilor Spencer: Councilor
Spencer: No
Report.
Mayor Byrne: Mayor
Byrne: No
Report.
ADJOURNMENT: There being no further business,
the meeting adjourned by unanimous consent at 8:15 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS
AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.