REGULAR MEETING DECEMBER 4^TH 2007:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, December 4th, 2007, at 7:40 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, Bill Byrne, Jenny Selin, Don Spencer and Charlie Byrer.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on November 20^th 2007, were approved as printed, with an administrative correction to the Minutes from the November 6^th Regular Meeting.

CORRESPONDENCE:

Ryan Smyth; Owner of South Beach feels MUB is not cooperating with him on the Flooding Issue.

David Hines, 452 Dorsey Avenue; Neighbors parking in his yard, issues with curbs flooding.

Rachel Enter-Guzman of Aqua, Inc. wishes the City to participate as one of many host cities for a professional bike race across the nation.

Press Conference tomorrow concerning major announcement on Sunny Side.

UNFINISHED BUSINESS:

BOARDS AND COMMISSIONS

None.

PUBLIC PORTION:

Jim Clevenger, 548 Harvard Avenue, concern for the condition of this residential street. It contains many potholes, no curbs, poor drainage, is too narrow, there is no sidewalk, there is a large safety concern, and is in disrepair. Petitions Council to bring their street up to the same standard as the other streets in the neighborhood.

SPECIAL COMMITTEE REPORTS:

None.

NEW BUSINESS:

Mayor Justice adjusted the agenda, and considered Items D and B first before the new business items.

AN ORDINANCE AMENDING ARTICLE 1331.06(2) OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING ARTICLE 1331.06(2) OF THE PLANNING AND ZONING CODE PERTAINING TO HOME OCCUPATIONS.

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

AN ORDINANCE PROVIDING FOR THE RECLASSIFICATION OF A PORTION OF REAL ESTATE IN THE CITY’S 4^TH WARD FROM PRO TO B-2: The below entitled Ordinance was presented for first reading:

AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICAION OF A PORTION OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM (PRO) PROFESSIONAL, RESIDENTIAL AND OFFICE DISTRICT TO (B-2) SERVICE BUSINESS DISTRICT BY AMENDING ARTICLE 1331 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 WERE FULLY SET FORTH THERIN.

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

AN ORDINANCE AMENDING SECTION 363.07 OF THE TRAFFIC CODE: The above entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING SECTION 363.07 OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO PARKING METER HOURS OF OPERATION.

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

A RESOLUTION BY THE COUNCIL TO ADOPT THE NATIONAL LEAGUE OF CITIES’ PLATFORM FOR STRENGTHENING FAMILIES: The above entitled Resolution was presented for first reading.

A RESOLUTION BY THE COUNCIL OF THE CITY OF MORGANTOWN, WEST VIRGINIA TO ADOPT THE NATIONAL LEAGUE OF CITIES’ PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH.

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

A RESOLUTION THAT THE CITY OF MORGANTOWN AGREES TO SUPPORT INDISPENABILITY OF COMPLETE THE STREETS SOLUTIONS: The above entitled Resolution was presented for first reading.

A RESOLUTION THAT THE CITY OF MORGANTOWN AGREES TO SUPPORT INDISPENABILITY OF COMPLETE THE STREETS SOLUTIONS FOR ITS TOTAL POPULATION IN THE PLANNING, DESIGN, DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF ALL CORRIDOR AND CONNECTOR STREET PROJECTS LOCATED WITHIN OR ADJACENT TO THE CITY AND THE SURROUNDING AREA’S TRANSPORTATION INFRASTRUCURE.

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

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM: The above entitled Resolution was presented for first reading.

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM, PROJECT NUMBER 07LEDA0344, FUNDS FOR USE BY BOPARC.

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

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM: The above entitled Resolution was presented for first reading.

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM, PROJECT NUMBER 07LEDA0345, FUNDS FOR USE BY BOPARC.

After discussion, motion by Manilla, second by Spencer to approve the above entitled Resolution. Motion carried 7-0.

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM: The above entitled Resolution was presented for first reading.

A RESOLUTION THAT THE CITY AGREES TO APPLY FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM, PROJECT NUMBER 07CPGP0075, FUNDS FOR USE BY BOPARC.

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

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No 1: An agreement between the City and David Kemnitzer Architect to advance the Met. Theatre Project.

Motion by Manilla, second by Byrer to approve the agreement between the City and David Kemnitzer. Motion carried 7-0.

Item No. 2: Engagement letter for Steptoe and Johnson to act as bond council for TIF bonds (Riverfront Project No. 1)

After discussion, motion by Byrne, second by Selin to approve the engagement of Steptoe and Johnson for TIF bonds on Riverfront Project No.1. Motion carried 7-0.

Item No. 3: Memo from the Finance Director reporting Health Insurance data for calendar year for 2008.

After discussion, motion by Bryne second by Spencer to approve the renewal of Health Insurance. Motion carried 7-0.

Item No. 4: Don Spencer and Jeff Mikorski appointed to represent the Initiative to Build an Inclusive Community.

Motion by Byrne second by Selin to approve the appointment of Jeff Mikorski and Don Spencer to represent the Initiative to Build an Inclusive Community. Motion carried 7-0.

CITY CLERK'S REPORT:

None.

CITY ATTORNEY'S REPORT:

None.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Motion by Councilor Bane, second by Manilla to approve the Christmas bonus of $50.00. Motion carried 7-0. Councilor Bane mentioned that he has concern for the Downtown service fee, and asked for a report back from the City Manager by early Fall. He then asked for clarification on the issue raised earlier concerning residents parking in their neighbor’s yards.

City Manager Dan Boroff explained that there is an Ordinance in place prohibiting this action, and the Engineering Department is in charge of enforcing and monitoring the situations that arise.

Councilor Manilla: No report.

Councilor Byrer: Councilor Byrer reported that there would be no Committee of the Whole meeting for the month of December. He then went on to announce all the meetings that would take place on Friday, December 7^th including Sunny Side Up, Hospitality meeting, Streetscape. Councilor Byrer reminded Council of the Traffic Commission meeting for December 5^th, stating the issues that would be brought up in the meeting, especially the intersection of Vangilder Ave. and Protzman St. He requested a resolution on this issue because of its high safety importance.

Councilor Spencer requested that Councilor Byrer be present at the Traffic Commission Meeting in order to convey his concerns directly.

City Manager Dan Boroff corrected Councilor Byrer, stating that the Hospitality meeting will be Wednesday morning, not Friday.

Councilor Selin: Questioned the Morgantown Housing Code information in the packet. City Manager commented that was just a clerical error, and there will be a town meeting in January on this issue. City Platform for Strengthening families possibly create a committee from the Inclusive Community Committee for certain issues like after school care, out of school time that is not picked up by any other committee. Complimented the Youth Commission on some of the events they have been doing recently. Mentioned that during the holidays while making your purchases be sure to shop places you would like to see open downtown next year and that you are voting with your dollars this holiday season.

Councilor Byrne: Reminder of Sister City Committee meeting and developing the Youth Ambassador Program.

Mayor Justice asked if there was a travel date for the

Program.

Councilor Bryne responded that the committee is looking at summer of 2008 to start the program. Councilor Byrne stated that we need to take on this issue of the Code Enforcement with great commitment, and also WVU wants to support us on this issue.

Councilor Spencer: Councilor Spencer reminded Council of the request from the Youth Commission for a teen center in the wharf district. He requested that the Youth Commission prepare a program and service plan for the use of the teen center.

Mayor Justice informed Councilor Spencer that the Youth Commission was already in collaboration with BOPARC to complete this request.

Councilor Spencer then continued to express his concern for the Council’s involvement in reviewing the Youth Commission’s Youth and Transition plans to ensure there are safe structured activities for local teenagers. Councilor Spencer then turned his attention to the Beautification Commission, stating that he wished the City to review the building and excavation permits issued without a specific building plan having been previously approved. He recommended that the issuance of these permits come under review for revocation due to lack of information. Councilor Spencer then mentioned the Property next to the Prete Building on University Avenue, where construction was supposed to be taking place, and is not. He is unhappy that the construction equipment is sitting there being unused. Is concerned with the legality of the situation, and requested a report on the Housing Code to determine the correct course of action. Councilor Spencer then addressed the issue of shoes being hung up on light poles and electric wires in college and rental neighborhoods throughout the City. He requested a recommendation on how to address the issue and correct it safely by removing said shoes. Councilor Spencer also informed the Council that he feels that code enforcement in the City is the most important issue because there have been complaints from the community. He requested that copies of the study done last year which created the need for a new position in the Code Enforcement Department be distributed to Council for their review.

Mayor Justice: Mayor Justice reminded and invited everyone to the press conference at 1:30 on December 5^th at 1:30p. Stated that Code Enforcement will be a huge issue in 2008 and think all of Council agrees we need to help that department with the resources they need to keep up on the growth of the community. Reminded Council there will be no COW due to the Holiday and by acclamation Council decided that the first Regular Meeting in 2008 will be on January 3.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:40 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.