REGULAR MEETING MAY 1, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 1, 2007, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Secretary Donna Roberts, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer. (City Clerk Linda Little Absent.)

            The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on April 17, 2007, were approved as printed.

CORRESPONDENCE: 

            Mayor Justice mentioned proclamations for Municipal Clerks Week, John Martys, and World Asthma Day; and read and presented National Women’s Health Week to Betty Parsons. He noted a response from Sen. Byrd for the airport access road funding letter.

PUBLIC HEARING - AN ORDINANCE AUTHORIZING $8,500,000 OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2007 A FOR STORMWATER IMPROVEMENTS:

            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 PRIOR COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS ORDINANCES TO ADD STORMWATER SYSTEM REVENUES:

            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 SECTION 931.01 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY:

            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 SECTION 169.03 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY:

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

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

            AN ORDINANCE AMENDING PRIOR COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS ORDINANCES TO ADD STORMWATER SYSTEM REVENUES: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING THE PRIOR ORDINANCES OF THE CITY OF MORGANTOWN WHICH AUTHORIZED THE ISSUANCE OF THE CITY’S OUTSTANDING COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 1992, SERIES 1995, SERIES 2000 A, SERIES 2000 B, SERIES 2001 A, AND SERIES 2006 A, IN ORDER TO ADD STORMWATER SYSTEM REVENUES OF THE COMBINED UTILITY SYSTEM OF THE CITY AS A SOURCE OF SECURITY AND REPAYMENT FOR SUCH BONDS.

            After an explanation tying the stormwater ordinances together by Vince Collins, motion by Byrne, second by Scafella, to adopt the above entitled ordinance. Motion carried 7-0.

            AN ORDINANCE AMENDING SECTION 931.01 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING ARTICLE 931, SECTION 931.01 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY AND THE OPERATION AND MANAGEMENT OF THE SAME BY THE MORGANTOWN UTILITY BOARD.

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

            AN ORDINANCE AMENDING SECTION 169.03 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING ARTICLE 169, SECTION 169.03 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY AND THE OPERATION AND MANAGEMENT OF THE SAME BY THE MORGANTOWN UTILITY BOARD.

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

BOARDS AND COMMISSIONS:

            No Business.

PUBLIC PORTION:

            Richard Sutter, 1248 Fairlawns Avenue, endorsed approval of amending Article 1320.02 for R-1A and R-1 Districts.

            Louis Birurakis, 435 Cobun Avenue, spoke of laying plastic pipe above ground for the Poponoe Run sewer instead of a right-of-way through his property.

            Bill Rice, 1255 Bakers Ridge Road, spoke of the impact of MUB working outside the City limits and urged county wastewater to work with the city.

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

SPECIAL COMMITTEE REPORTS:

            No Reports.

NEW BUSINESS:

            AN ORDINANCE AMENDING “PERMITTED LAND USE” AND “SUPPLEMENTAL REGULATIONS” OF THE PLANNING AND ZONING CODE TO CORRECT TYPOGRAPHIC ERRORS CONCERNING RESTAURANT USES: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING TABLE 1331.05.01 “PERMITTED LAND USE” AND ARTICLE 1331.06 “SUPPLEMENTAL REGULATIONS” OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CORRECTING TYPOGRAPHIC ERRORS WITHIN THE JANUARY 2, 2006 AMENDMENT THAT CREATED UNINTENDED POLICY CONSEQUENCES FOR RESTAURANT USES OF ANY TYPE.

            After the City Manager’s explanation, motion by Miller, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

            AN ORDINANCE REZONING ONE PARCEL IN FIRST WARD FROM R-1A TO R-3: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE PROVIDING FOR THE REZONING OF ONE PARCEL OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (R-3) MULTI-FAMILY RESIDENTIAL 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 WAS FULLY SET FORTH THEREIN.

            After the City Manager’s explanation and discussion, motion by Scafella, second by Byrne, to DENY the above entitled Ordinance. Motion carried 7-0.    

            AN ORDINANCE REZONING A PORTION OF A PARCEL IN FOURTH WARD FROM R-1 TO B-2: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE PROVIDING FOR THE REZONING OF A PORTION OF A PARCEL OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (B-2) SERVICE BUSINESS DISTRICT BY AMENDING ARTICLE 1331 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 the City Manager’s explanation and discussion, motion by Miller, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.     

            AN ORDINANCE AMENDING “DEFINITION OF TERMS” AND “PERMITTED LAND USE” AS APPLY TO “COMMUNITY CENTER,” GUEST HOUSE,” AND PROFESSIONAL SERVICES ESTABLISHMENTS IN R-1A AND R-1 DISTRICTS : The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING ARTICLE 1320.02 “DEFINITION OF TERMS” AND TABLE 1331.05.01 “PERMITTED LAND USE” OF THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO “COMMUNITY CENTER,” AND “GUEST HOUSE,” AND “PROFESSIONAL SERVICES ESTABLISHMENT” IN THE R-1 AND R-1A DISTRICTS.

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

            CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE CASH DEFEASANCE OF THE COMBINED WATERWORKS SEWERAGE SYSTEM REFUNDING REVENUE BONDS, SERIES 1997; THE TRANSFER TO THE WEST VIRGINIA MUNICIPAL BOND COMMISSION OF FUNDS SUFFICIENT TO ACCOMPLISH SUCH DEFEASANCE; AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT WITH THE WEST VIRGINIA MUNICIPAL BOND COMMISSION: The above entitled Resolution was presented for Council’s approval:

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

            CONSIDERATION OF APPROVAL OF A RESOLUTION SUBMITTING THE 2007 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN TO HUD: The above entitled Resolution was presented for Council’s approval:

            After an explanation by David Bott, motion by Scafella, second by Byrne, to approve the above entitled Resolution. Motion carried 7-0.

            CONSIDERATION OF APPROVAL OF A RESOLUTION TO SUBMIT A TAX INCREMENT FINANCING APPLICATION: The above entitled Resolution was presented for Council’s approval:

            After the City Manager’s explanation and discussion, motion by Byrne, second by Scafella, to approve the above entitled Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

Attached you will find a memo from the Public Works Director reporting bid results to purchase asphalt for the Cities of Morgantown and Westover Paving Programs. I agree with the Director’s comments and recommend that the contract be awarded to Greer Asphalt Company for a total cost of $240,204.73. Special Note: The $ .25 difference in rates reflects delivery charges.

            After discussion, motion by Spencer, second by Bane, to purchase asphalt with the City of Westover for $240,204. Motion carried 7-0.

Item No. 2:

The second attachment is another memo from the Public Works Director reporting the request for qualifications issued for the design engineering of the new Fire Station. I agree with these comments as well and recommend that the contract be awarded to Bignell Watkins Hasser Architects, P.C for a cost of potentially $290,830.

            After the City Manager’s explanation and discussion, motion by Miller, second by Byrne, that Bignell Watkins Hasser Architects, P.C be awarded the design engineering contract for a cost of $290,830. Motion carried 6-1. (Bane voted NO.)

Item No. 3:

The third attachment is a letter from the Mon River Trails Conservancy requesting $2,000 to support the 7^th annual Trail Mix Celebration to be held on June 2, 2007. As in years past, I recommend that the request be granted.

            Motion by Byrne, second by Scafella, to approve the grant to the Mon River Trails Conservancy for Trail Mix for $2,000. Motion carried 7-0.

CITY CLERK'S REPORT:

            Absent.

CITY ATTORNEY'S REPORT:

            City Attorney Fanok advised that MUB right-of-ways and easements are use-specific for the installation, maintenance, and repairs only. MUB has nothing to do with any Rail/Trail matters or public egress on private property.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane:                                             Councilor Bane reiterated MUB’s right-of-way policy and is concerned about a private garage on City property.

Councilor Manilla:                                         Councilor Manilla agreed with Mr. Rice’s comments on MUB expansion outside the City.

Councilor Scafella:                                         No Report.

Councilor Miller:                                            Councilor Miller was encouraged by the child care meeting.

Councilor Byrne:                                            Councilor Byrne noted that no large employers were at the child care meeting and commented on additional MUB seats, sprawl and MUB expansion.

Councilor Spencer:                                         Councilor Spencer is now against MUB Board growth; discussed the child care meeting and future health care meeting; noted that garbage information needs repeated often and a dumpster is being emptied too early; and announced the Blue & Gold Mine Day and a proposed bottle bill to reduce litter.

Mayor Justice:                                                Mayor Justice noted the possibility of additional MUB Board seats; commented on the child care meeting; congratulated BOPARC, Solid Waste Authority and everyone for the litter collection day; announced the Main Street dinner and welcomed Colgan Air.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:08 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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