REGULAR MEETING JUNE 5, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 5, 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 May 15, 2007, were approved as printed.

CORRESPONDENCE: 

            Councilor Spencer mentioned the importance of using the microphones. Councilor Byrne proposed a conference call with Mayor Hicks of Guanajuanto and clarified sister city meetings.

PUBLIC HEARING - AN ORDINANCE REZONING A PORTION OF A PARCEL IN FOURTH WARD FROM R-1 TO B-2:

            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 “DEFINITION OF TERMS” AND “PERMITTED LAND USE” AS APPLY TO “COMMUNITY CENTER,” GUEST HOUSE,” AND “PROFESSIONAL SERVICES ESTABLISHMENT” IN R-1A AND R-1 DISTRICTS:

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

            Richard Sutter, 1248 Fairlawns Avenue, spoke in favor of the ordinance.

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

PUBLIC HEARING - AN ORDINANCE ESTABLISHING THE B-4 NEIGHBORHOOD PRESERVATION DISTRICT (B-4NPOD) OF THE ZONING CODE:

            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 THE ZONING CODE AS APPLY TO BED & BREAKFAST INNS:

            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 THE ZONING CODE APPLYING TO PRIVATE CLUBS:

            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 AUTHORIZING AN AIRPORT LEASE AGREEMENT WITH COLGAN AIR, INC.:

            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 ANNULLING A 30' RIGHT-OF-WAY 225' BETWEEN FOURTH STREET AND FOUR ½ STREET IN 4^TH WARD:

            Mayor Justice advised that the Ordinance had been moved to the June 19 agenda.

PUBLIC HEARING - AN ORDINANCE GRANTING AN EASEMENT TO MUB IN THE STADIUM LOOP AREA:

            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 - PROPOSED CREATION OF TIF DISTRICT AS “THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1:

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

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

UNFINISHED BUSINESS:

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

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

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

            After discussion, motion by Spencer, second by Miller, to adopt the above entitled ordinance. Motion carried 7-0.

            AN ORDINANCE ESTABLISHING THE B-4 NEIGHBORHOOD PRESERVATION DISTRICT (B-4NPOD) OF THE ZONING CODE: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AT ARTICLE 1331.01 ESTABLISHMENT OF ZONING DISTRICTS TO INCLUDE THE B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (B-4NPOD); AMENDING ARTICLE 1349.05 BUILDING HEIGHT AND USE AND 1349.06 PARKING AND LOADING STANDARDS AS THEY RELATE TO THE B-4, GENERAL BUSINESS DISTRICT; CREATING ARTICLE 1362 B-4NPOD, B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT; AMENDING APPENDIX A DEVELOPMENT STANDARDS TABLE; AND, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN BY ESTABLISHING THE B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (B-4NPOD).

            After discussion. motion by Scafella, second by Bane, to adopt the above entitled ordinance. Motion carried 7-0.

            AN ORDINANCE AMENDING THE ZONING CODE AS APPLY TO BED & BREAKFAST INNS: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING TABLE 1331.05.01 PERMITTED LAND USE, ARTICLE 1331.06 (5) SUPPLEMENTAL REGULATIONS PERTAINING TO PERMITTED LAND USES TABLE, AND TABLE 1365.04.01 MINIMUM OFF-STREET PARKING REQUIREMENTS OF THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO BED AND BREAKFAST INN.

            After discussion, motion by Scafella, second by Manilla, to adopt the above entitled ordinance. Motion carried 4-3. (Bane, Miller and Spencer voted NO.)

            AN ORDINANCE AMENDING THE ZONING CODE APPLYING TO PRIVATE CLUBS: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AMENDING TABLE 1331.05.01 “PERMITTED LAND USES” AND ARTICLE 1331.06 “SUPPLEMENTAL REGULATIONS PERTAINING TO PERMITTED LAND USES TABLE” PERTAINING TO “PRIVATE CLUB” AND “RESTAURANT, PRIVATE CLUB” USES.

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

            AN ORDINANCE AUTHORIZING AN AIRPORT LEASE AGREEMENT WITH COLGAN AIR, INC.: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND COLGAN AIR, INC., LESSEE, FOR PREMISES AND FACILITIES LOCATED AT THE MORGANTOWN MUNICIPAL AIRPORT WHICH ARE NEEDED BY COLGAN AIR, INC. TO OPERATE AN AIRLINE AT THE AIRPORT.

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

            AN ORDINANCE ANNULLING A 30' RIGHT-OF-WAY 225' BETWEEN FOURTH STREET AND FOUR ½ STREET IN 4^TH WARD: The below entitled Ordinance was moved to the June 19 agenda.

            AN ORDINANCE AUTHORIZING AN EASEMENT AND RIGHT OF WAY BEING GRANTED BY THE CITY OF MORGANTOWN, GRANTOR, TO THE MORGANTOWN UTILITY BOARD, GRANTEE, AS THE SAME PERTAINS TO REALTY OWNED BY THE CITY OF MORGANTOWN LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF MORGANTOWN IN CLOSE PROXIMITY TO YOKE STREET AND FALLING RUN ROAD.

            AN ORDINANCE GRANTING AN EASEMENT TO MUB IN THE STADIUM LOOP AREA: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE AUTHORIZING AN EASEMENT AND RIGHT OF WAY BEING GRANTED BY THE CITY OF MORGANTOWN, GRANTOR, TO THE MORGANTOWN UTILITY BOARD, GRANTEE, AS THE SAME PERTAINS TO REALTY OWNED BY THE CITY OF MORGANTOWN LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF MORGANTOWN LOCATED IN CLOSE PROXIMITY TO YOKE STREET AND FALLING RUN ROAD.

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

            PROPOSED CREATION OF TIF DISTRICT TO BE KNOWN AS “THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1" AND A PROJECT PLAN DESIGNED AS “THE SQUARE AT FALLING RUN PROJECT NO.1", IN ACCORDANCE WITH THE TIF APPLICATION SUBMITTED TO THE CITY: The above entitled TIF District was moved to the June 19 agenda.

            PROPOSED RESOLUTION APPROVING THE SQUARE AT FALLING RUN TIF APPLICATION, AUTHORIZING THE SUBMITTAL OF SUCH APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE AND APPROVING A CONSTRUCTION BID MEMORANDUM OF UNDERSTANDING RELATING THERETO: The above entitled Resolution was moved to the June 19 agenda.

BOARDS AND COMMISSIONS:

            No Business.

PUBLIC PORTION:

            Robert Flowers, 100 Ridgely Road, spoke against increasing the fire service fee.

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

SPECIAL COMMITTEE REPORTS:

            Councilor Spencer spoke of the Spirit Wall dedication at Dorsey’s Knob Park and gave an invitation to the Neighborhood Coordinating Council meet. Mayor Justice remarked on the Youth Commission retreat.

NEW BUSINESS:

            AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR FY 2007-2008: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2007-2008.

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

            AN ORDINANCE AMENDING LONGEVITY, SHIFT DIFFERENTIAL & HAZARDOUS DUTY PAY: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.

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

            AN ORDINANCE INCREASING THE FIRE SERVICE PROTECTION FEE: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING SECTION 747.02(a) OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN BY INCREASING THE FIRE SERVICE PROTECTION FEE.

            After discussion, motion by Scafella, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 6-1. (Manilla voted NO.)   

            AN ORDINANCE AMENDING THE FY 2006-2007 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.

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

            A RESOLUTION AND ORDINANCE AUTHORIZING ISSUANCE OF $8,615,000 OF SUBORDINATE TAX INCREMENT REVENUE BONDS TO FINANCE A PORTION OF A NEW PARKING GARAGE AND EVENTS CENTER: The below entitled Ordinance was presented for first reading:

            A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $8,615,000 AGGREGATE PRINCIPAL AMOUNT OF SUBORDINATE TAX INCREMENT REVENUE BONDS, SERIES 2007, OF THE CITY OF MORGANTOWN TO FINANCE A PORTION OF COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PARKING GARAGE, A NEW EVENTS CENTER, 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 AND A BOND PLACEMENT AGREEMENT; AUTHORIZING DISTRIBUTION OF A PRIVATE PLACEMENT MEMORANDUM OR OTHER OFFERING DOCUMENTS; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, 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; AUTHORING THE MAYOR AND CITY MANAGER TO APPROVE A CERTIFICATE OF DETERMINATIONS 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.

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

            CONSIDERATION OF APPROVAL OF A RESOLUTION REVISING THE 2006-2007 MORGANTOWN MUNICIPAL AIRPORT BUDGET: The above entitled Resolution was presented for Council’s approval:

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

            CONSIDERATION OF APPROVAL OF A RESOLUTION FOR THE 2007-2008 MORGANTOWN MUNICIPAL AIRPORT FUND AND AIRPORT IMPROVEMENT FUND BUDGET: The above entitled Resolution was presented for Council’s approval:

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

            CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER $42,750 IN WVDOT GRANT FUNDS FOR DIGITAL IN-CAR CAMERAS FOR THE MORGANTOWN POLICE DEPARTMENT: The above entitled Resolution was presented for Council’s approval:

            After discussion, motion by Miller, 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 letter from the WVU School of Physical Education requesting $3,000 to support the annual NYSP Camp to be conducted this summer. Given the City’s past support of this initiative and the benefits for over 300 area youths, I recommend that the request be granted.

            Motion by Bane, second by Byrne, to approve the NYSP Camp request. Motion carried 7-0.

Item No. 2:

As per your direction, BOPARC has viewed the surplus property described in the attached memo from the Public Works Director and finds that there is no practical, recreation/park use for the site. Based upon this finding, I recommend that a public auction be held with a minimum bid requirement of $15,000.

            After discussion, motion by Spencer, second by Manilla, to table the item. Motion carried 7-0.

Item No. 3:

The third attachment is a memo from the City Attorney describing a proposed agreement between the City of Morgantown and Sun Life Assurance Company of Canada acknowledging the latter’s right to foreclose on a property currently being leased by the City in the event of a loan default being realized by the owner (City using the property as a parking lot). With the concurrence of the Parking Authority, I recommend that the agreement be authorized.

            Motion by Scafella, second by Byrne, to authorize the proposed agreement with Sun Life Assurance Company of Canada. Motion carried 7-0.

Item No. 4:

The fourth attachment is a letter from West Virginia Radio Corporation requesting a Fair Permit to support the 14^th Annual Chicken Wing Cook-off to allow controlled beer sales as part of the event. Given the past successes of the cook-off and the funds raised for the Ronald McDonald House, I recommend that the request be approved.

            Motion by Scafella, second by Manilla, to approve a Fair Permit for the Chicken Wing Cook-off. Motion carried 7-0.

Item No. 5:

As discussed at the recent Committee of the Whole Meeting, attached are the bid results for the Fire Department Ladder Truck. I agree with the comments of the Department’s Apparatus Committee and recommend that the contract be awarded to the lowest and best bid submitted by Sutphen Corporation for a bid price of $869,942 for a SPH-100 aerial truck.

            Motion by Byrne, second by Bane, to award the contract for the Fire Department ladder truck. Motion carried 7-0.

Item No. 6:

The sixth attachment is a letter from the Morgantown Utility Board requesting that B & O Construction Taxes generated by the Burroughs Run Storm Water Project be invested in the project to help mitigate bid results that exceed the project budget. Based upon the merits of the project, I recommend that the request be granted (estimated taxes are $160,000).

            After discussion, motion by Bane, second by Byrne, to approve the reinvestment of those B&O taxes. Motion carried 7-0.

Item No. 7:

As reported to City Council, public investments in the Square at Falling Run TIF District may be shifted from a parking garage to public infrastructure (utilities, streets, landscaping). To effect these changes through amending the TIF Project, the State Economic Development Grant, and proposed TIF bond, attached you will find an engagement letter proposed by Steptoe and Johnson. An important feature of the letter is that the Developer has agreed to pay the costs of all the services listed. Based upon the merits of this project and its continuing evolution, I recommend that execution of the letter be authorized.

            After discussion, motion by Miller, second by Scafella, to authorize the letter. Motion carried 7-0.

Item No. 8:

The eighth attachment is another memo from the Public Works Director reporting bid results for the Falling Run and Yoke Street Infrastructure Project (pledged B & O Construction Tax proceeds for public improvements to support the Square at Falling Run). As per the memo and other tax considerations, there will probably be a shortfall of $110,000 to effect the project. To assure however that the City’s cost for the project will not exceed the taxes collected, the Developer earlier put in place a $700,000 bond to cover this contingency. Given the bond (can draw the $110,000 from it) ; the timing requirements to complete the project this summer; and the availability of the bidder, I recommend that the contract be awarded to the only bidder Laurita Excavating, Inc. for $559,920.

            After discussion, motion by Byrne, second by Scafella, to approve the plan outlined by the City Manager in No. 8. Motion carried 7-0.

Item No. 9:

The ninth attachment is a third memo from the Public Works Director reporting the endorsements of the Evansdale Neighborhood Association and the Traffic Commission for the placement of 6 speed humps in the Evansdale area. Based upon these endorsements and the effectiveness of such devices in mitigating speeding problems, I recommend that the project be authorized for a cost of $21,800. Special Note: The City will also be placing speed humps in City parks concurrent with this project as per the direction of BOPARC.

            After discussion, motion by Byrne, second by Scafella, to authorize the $21,800. Motion carried 7-0.

Item No. 10:

The last attachment is a memo from the Airport Director reporting the results of an RFP for the Airport Fuel Vendor. Based upon the review conducted by the Airport staff, I recommend that the contract be awarded to Purvis Brothers, Inc. as per the conditions identified in the comparison matrix.

            After discussion, motion by Bane, second by Manilla, to move approval. Motion carried 7-0.

CITY CLERK'S REPORT:

            City Clerk Little reminded everyone of the United Way pepperoni roll sale.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Spencer:                                         Councilor Spencer commended the Airport Director for tour; discussed home rule information and downtown residence hall dissension; and listed requests for the July COW agenda.

Councilor Byrne:                                            Councilor Byrne had a call not to pave a street; observed that the Traffic Commission is very responsive; and requested an update on proposed downtown overlay and proposals on attracting the city workforce back to homes in the city.

Councilor Miller:                                            Councilor Miller observed that Jenny Selin has started on the downtown overlay; discussed health care and the legislature and passed out a WVAHC brochure.

Councilor Scafella:                                         Councilor Scafella gave a construction update on the Senior Center. There will be a police substation there and the Center Director has bought a house nearby.

Councilor Manilla:                                         Councilor Manilla stated that a couch has been on the Edgewood sidewalk for three weeks; requested Grand Street speeding be addressed; commented on trading the new National Guard Armory for the old one; and agreed the downtown overlay needs to be on a fast track.

Councilor Bane:                                             Councilor Bane requested upper Globe Avenue be paved; received thank you letter about Public Works on Ross Street; thanked Housing Authority about a home on Avalon Street; observed the Learning Trail is not yet connected by Med Express; requested a progress report on the downtown user/impact fee; and urged adequate sidewalks and crosswalks for the proposed downtown dormitory.

Mayor Justice:                                                Mayor Justice advised that a new Trail crew was just hired; wished happy retirement to Ed Moore after 52 years in the airport tower; and thanked Council for their hard work.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:24 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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