REGULAR MEETING APRIL 17, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 17, 2007, 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 April 3, 2007, were approved as printed.

CORRESPONDENCE: 

            Mayor Justice read and presented proclamations for Cover the Uninsured and Remembrance of Victims of the Holocaust. Councilor Manilla read Jim Wood’s email about the B-4 District. Pi Sigma Sigma members presented a student survey on WVU growth. Mayor Justice spoke of the Mon River Summit and related announcements.

PUBLIC HEARING - AN ORDINANCE GRANTING AN AERIAL EASEMENT TO WVU FOR A PEDESTRIAN BRIDGE ACROSS UNIVERSITY AVENUE IN 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 AMENDING SECTIONS 929.05 AND 929.06 AS APPLY TO STORMWATER RATES AND FEES:

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

            Louis Birurakis, 435 Cobun Avenue, asked that the WVU Athletic Department pay for part of this for the Poponoe Run area.

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

UNFINISHED BUSINESS:

            AN ORDINANCE GRANTING AN AERIAL EASEMENT TO WVU FOR A PEDESTRIAN BRIDGE ACROSS UNIVERSITY AVENUE IN THIRD WARD: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO GRANT AN AERIAL EASEMENT TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR THE PURPOSE OF WVU CONSTRUCTING A PEDESTRIAN BRIDGE ACROSS UNIVERSITY AVENUE, NEAR WVU’S BUSINESS AND ECONOMICS BUILDING, WITHIN THE THIRD WARD OF THE CITY.

            Motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion carried 7-0.

            AN ORDINANCE AUTHORIZING $8,500,000 OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2007 A FOR STORMWATER IMPROVEMENTS: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE STORMWATER PORTION OF THE EXISTING PUBLIC COMBINED WATERWORKS, SEWERAGE AND STORMWATER SYSTEM OF THE CITY OF MORGANTOWN AND THE FINANCING OF THE COST, NOT OTHERWISE PROVIDED, THEREOF THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $8,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2007 A (WEST VIRGINIA SRF PROGRAM); PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; APPROVING, RATIFYING AND CONFIRMING A LOAN AGREEMENT RELATING TO SUCH BONDS; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO.

            After discussion, motion by Byrne, second by Scafella, to pass the above entitled ordinance to third reading. Motion carried 7-0.

            AN ORDINANCE AMENDING SECTIONS 929.05 AND 929.06 AS APPLY TO STORMWATER RATES AND FEES: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING ARTICLE 929, SECTIONS 929.05 AND 929.06, OF THE MORGANTOWN CITY CODE, AS THE SAME APPLY TO STORMWATER MANAGEMENT RATES AND FEES.

            Jim Green was asked to describe the boundaries of the system and the watersheds. After discussion, motion by Manilla, second by Spencer, to adopt the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

            By acclamation, Paul Steel was reappointed to the Traffic Commission and Jerry Steketee was appointed to Beautification.

PUBLIC PORTION:

            Louis Birurakis, 435 Cobun Avenue, spoke of sewage in Poponoe Run and his wife’s property.

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

            Mayor Justice suspended the rules for Jim Green, MUB, to report. MUB has proposed a larger pipe on the edge of the property and are trying to keep it cost effective using a centerline right-of-way.

            Council discussed right-of-way appearances and other concerns for sewage lines.

SPECIAL COMMITTEE REPORTS:

            Councilor Byrne gave an update on the sister city program and Councilor Miller said the Planning Commission has another meeting with the Suncrest Neighborhood Association.

NEW BUSINESS:

             APPROVAL OF LEVY RATES: The below entitled Rates of Levy was presented for Council’s approval:

             APPROVAL OF THE RATES OF LEVY LAID BY THE CITY OF MORGANTOWN AND APPROVED BY THE STATE AUDITOR FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 IN ACCORDANCE WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE.

             After the City Manager’s explanation, motion by Scafella, second by Byrne, to pass the above entitled Rates of Levy. Motion carried 7-0.         

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

As per your request, attached is a list of topics that have been suggested for the April Committee of the Whole Meeting.

NEW BUSINESS: 

Item No. 1:

The second attachment is a memo from the Airport Director reporting the revised Five Year Airport Improvement Plan as negotiated with the FAA. The only major change is reallocating $20,000 in fiscal year 2007 from emergency lighting for vehicles to rehabilitate TWY “Charlie” and “South” Ramp Area. Given the importance of the ramp area, I recommend that the revision be approved. Special Note: Because of the current, commercial air services disruption, it is most probable that funding for the next Federal fiscal year may be significantly reduced (based upon commercial passenger count).

             After discussion, motion by Spencer, second by Scafella, to approve the FAA Airport Improvement Plan. Motion carried 7-0.

Item No. 2.

 Habitat for Humanity has an ongoing program to support affordable housing initiatives throughout North Central West Virginia. To further advance this work, the organization has requested a one time contribution of $1,000 to help publicize this initiative. Given the importance of this issue to the City of Morgantown, I recommend that the request be granted.

             Motion by Scafella, second by Byrne, to allocate $1,000 for promotional purposes. Motion carried 7-0.

Item No. 3:

The third attachment is a memo from the Public Works Director reporting informal bid results for the Stewart Street Landslide Project. I agree with her findings and recommend that the contract be awarded to the low bidder Landscape Plus for $27, 490.

             Motion by Scafella, second by Spencer, to approve the $27,490 for Landscape Plus to correct the landslide. Motion carried 7-0.

Item No.4:

The last attachment is a letter from MountainFest, LLC requesting a festival permit to allow controlled beer sales at Hazel Ruby McQuain Park on July 27^th and July 28^th of this year in support of the third annual Wild & Wonderful MountainFest Motorcycle Rally. Given the success of past events, I recommend that the request also be granted.

             Motion by Manilla, second by Byrne, to grant MountainFest a festival permit for July 27^th and 28th. Motion carried 7-0.

CITY CLERK'S REPORT:

            City Clerk Little gave a reminder of the City Election on April 24th.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS (Reverse Order):

Councilor Spencer:                                         Councilor Spencer commented on the VA Tech tragedy and the River Summit with Tennessee Riverpark information; announced daycare and affordable health care meetings; requested a graffiti ordinance; and spoke of Don Trevorrow’s memorial service.

Councilor Byrne:                                            Councilor Byrne echoed condolences for the VA Tech situation and commended Bill Rumble for quick help with a tree problem.

Councilor Miller:                                            Councilor Miller observed the death of Annette Broome and requested a proclamation; commented on health care and childcare issues; and noted they cannot do anything about the B-4 District until the property owners are heard.

Councilor Scafella:                                         Councilor Scafella informed that the new Protzman traffic pattern is temporary: the right turn will be improved.

Councilor Manilla:                                         Councilor Manilla requested an Airport tour; noted the Sabraton sign is being worked on; and discussed the B-4 District.

Councilor Bane:                                             Councilor Bane addressed the B-4 District; spoke of VA Tech families; and covered planning concerns outside the City such as fire response and code inspections.

                                                                        Discussion ensued about monitoring graffiti versus an                                                                         ordinance.

Mayor Justice:                                                Mayor Justice noted the COW will be on Wednesday because of the election; suggested a work session with the County Commission on overloaded services outside the City; and announced future events.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:09 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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