REGULAR MEETING JULY 7, 2009:

CORRESPONDENCE: Mayor Byrne mentioned the sacrifice of our miners all over the State and the City is sending many prayers to those that lost loved ones in the Mining Disaster in Southern part of the State. Mayor Byrne commented we should also be thankful that a disaster like this has not happened near our City in years.

Mayor Byrne attended a program being sponsored by Comcast teaching students at the Boy’s and Girls Club about broadband technologies; after they complete the curriculum they will share their skills with senior citizens, churches and other community groups.

Mayor Byrne stated that the Google application was submitted on March 26, 2010. Mayor Byrne noted that he made a bet with the Mayor of Durham, NC that if WVU lost he would do a letter supporting Durham in the Google initiative, and the Mayor concluded that the letter is ready and will be sent out in the mail tomorrow. Mayor Byrne informed everyone that he will be on Pittsburgh WPXI being interviewed on Thursday about the Google initiative in Morgantown.

BOARDS AND COMMISSIONS: City Council by acclamation appointed J. Vincent Bartling to continue to serve on the Building Code Appeals Board and to the Met Theatre: Richard McEwuen; Keith Reed; Joshua Williamson; Tina Tallaksen; Patricia Watson; Kacy Weidebusch and Connie Merandi.

NEW BUSINESS:

A Bond Authorizing Ordinance TO FUND STREETSCAPE PROJECT IN THE SUNNYSIDE UP AREA: The below entitled Ordinance was presented for first reading.

A Bond Authorizing Ordinance of the City which would authorize the issuance of Tax Increment Revenue Bonds by the City for the purposes of: (i) financing the cost of design, acquisition, construction and equipping of infrastructure improvements in the City of Morgantown Redevelopment District No. 3 pursuant to the Sunnyside Up Project Plan No. 1; (ii) fund or partially fund a Reserve Fund for the TIF Bonds; and (iii) pay costs of issuance of the TIF Bonds. Authorizing the publication of a Notice of Public Hearing in connection with consideration of final enactment of the Bond Authorizing Ordinance on April 20.

Mayor Byrne suspended the rules so Tom Aman, Attorney from Steptoe & Johnson, could answer questions from Council. After discussion, motion by Gaddis, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING THE PLANNING & ZONING CODE DEFINITIONS OF FAMILY: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING ARTICLE 1329.02 OF THE PLANNING & ZONING CODE PERTAINING TO THE DEFINITIONS OF “FAMILY”, “FUNCTIONAL FAMILY UNIT”, AND “RELATED PERSONS”.

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

AN ORDINANCE AMENDING THE PLANNING & ZONING CODE, RESIDENTIAL DWELLINGS: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING TABLE 1365.04.01 “MINIMUM OFF-STREET PARKING REQUIREMENTS” OF THE PLANNING & ZONING CODE AS IT RELATES TO RESIDENTIAL DWELLINGS.

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

AN ORDINANCE AMENDING THE PLANNING & ZONING CODE, MINIMUM PARKING SPACES FOR MULTI-FAMILY DWELLINGS: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING ARTICLE 1361.03 “DESIGN AND PERFORMANCE STANDARDS COMMON TO ALL SUNNYSIDE OVERLY DISTRICTS” OF THE PLANNING & ZONING CODE AS IT RELATES TO MINIMUM PERKING SPACES FOR MULTI-FAMILY DWELLINGS.

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

AN ORDINANCE AMENDING THE HOUSING CODE, DEFINITION OF “FAMILY”: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING 1751.02 “DEFINITIONS” OF THE HOUSING CODE AS IT RELATES TO THE DEFINITION OF “FAMILY”.

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

AN ORDINANCE AMENDING THE FIRE PREVENTION CODE, LODGING AND ROOMING HOUSES: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING ARTICLE 1511.02 “CODE ENFORCEMENT” OF THE FIRE PREVENTION CODE AS IT RELATES TO LODGING AND ROOMING HOUSES.

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

AN ORDINANCE AMENDING THE PLANNING AND ZONING CODE, OFF-STREET PARKING AREAS: The below entitled Ordinance was presented for first reading.

AN ORDINANCE AMENDING ARTICLE 1365.09 “PARKING DEVELOPMENT STANDARDS” OF THE PLANNING AND ZONING CODE AS IT RELATES TO PERMANENT SURFACING OF OFF-STREET PARKING AREAS.

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

A Resolution which Would authorize the reimbursement from the proceeds of Tax Increment Revenue Bonds to be issued by the City of certain costs incurred prior to the issuance of the Bonds in connection with the Sunnyside Up Project Plan No. 1. The above entitled Resolution was presented for approval.

Motion by Gaddis, second by Byrer, to approve the above entitled Resolution. Motion carried 7-0.

PUBLIC PORTION:

There being no appearances Mayor Byrne then declared the Public Portion closed.

SPECIAL COMMITTEE REPORTS:

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1: City Manager Dan Boroff informed Council that our City Planner Chris Fletcher is being entered into the State’s Generation X. This speaks very highly of our Planner in receiving such an honor on such a level as this.

NEW BUSINESS:

Item No. 1: Attached you will find a memo from the Acting Fire Chief requesting a $1,353 match for a $8,853 State grant to purchase medical equipment for fire engines. I agree with his comments and recommend that the request be granted.

Motion by Gaddis, second by Selin to approve the request of $1.353 match for an $8,853 grant to purchase medical equipment for fire engines. Motion carried 7-0.

Item No. 2: The second attachment is a memo from the Public Works Director reporting bid results for the Metropolitan Theatre Stage Flooring Project. I agree with her comments and recommend that the contract be awarded to the low bidder Tom Brown Contracting, Inc. for a cost of $32,990.

After discussion, motion by Shamberger, second by Selin to award the contract to Tom Brown Contracting for $32,990 for the Met Theatre Stage Floor Project. Motion carried 7-0.

Item No. 3: The third attachment is another memo from the Public Works Director reporting bid results for the Metropolitan Theatre Cap and Rails Project. I agree with her comments and recommend that the contract be awarded to Veritas Contracting, LLC for a total cost of $69,933.

Motion by Shamberger, second by Byrer, to award the contract to Veritas Contracting for $69,933 for the Met Theatre Cap & Rails Project. Motion carried 7-0.

Item No. 4: The fourth attachment is the proposed, two phased Morgantown Airport Master Plan Update contract with Michael Baker Jr., INC. for a total cost of $319,500. Given the immediate need for the Update to support Airport Development and Federal and State funding opportunities, I recommend that the contract be approved.

After discussion, motion by Spencer, second by Byrer to approve the contract for the Morgantown Airport Master Plan Update to Michael Baker Jr. Inc. for $319,500. Motion carried 7-0.

Item No. 5: The last attachment is a proposed rule change to the City of Morgantown Fire Civil Service Rules and Regulations recently approved by the City’s Fire Civil Service Commission. Given their comments, I recommend that the change be approved.

After discussion, motion by Gaddis, second by Selin, to approve the proposed rule changes to the Fire Civil Service Rules and Regulations. Motion carried 7-0.

CITY CLERK'S REPORT: No Report.

Councilor Bane: Councilor Bane reminded everyone about the Deer Meeting on April 26 and that hopefully people will stay around to form a Neighborhood Association. Councilor Bane thanked the City Manager for explaining the Sunnyside TIF and asked for a progress report monthly. Councilor Bane stated that it is sad the WVU Basketball Team lost but they did us proud. Councilor Bane said that he has had several calls about having a parade for the Basketball team, and he asked the City Manager if one is planned.

City Manager Dan Boroff responded that the City will be working with WVU on arranging a celebration.

Councilor Gaddis: Councilor Gaddis requested to suspend the rules so that Chris Knowles could speak since he missed the public portion. Mayor Byrne suspended the rules with the approval of Council for Mr. Knowles to speak.

Kris Knowles, 851 Grand Street, property owner of 10 Pietro, stated that he has concerns about the infrastructure of the area the curbs & sidewalks are dangerous and embarrassing and concerned about property values. Mr. Knowles also mentioned that petty crime is rising and does not feel safe living in Morgantown. Mr. Knowles requested that Council respond to him as soon as possible on these issues.

Mayor Byrne commented to Mr. Knowles that we can’t have any dialogue at this time but the problems will be addressed.

Councilor Gaddis stated that Mr. Knowles has been invited to come to the Neighborhood Association Meetings and also join us on the tours.

Councilor Byrer: Councilor Byrer asked Mr. Boroff to notify Council when the Event Center will be opening. Mr. Boroff obliged. Councilor Byrer also commented that the WVU Basketball Team did a good job. He stated that the mining accident brings back memories of the Sago Mining accident when WVU was in the Gator Bowl, and our prayers go out to the community and the families. Councilor Byrer mentioned that there could be a potential Gentlemen’s Club opening on the Mileground, and this is not the type of business we want commuters to see as they are traveling thorough our community. City Manager Dan Boroff commented that this portion of the Mileground is not inside the City limits so we would not have any control of this business license.

Councilor Selin: Councilor Selin stated that her family enjoyed the WVU Basketball team as the whole family wore t-shirts as they were traveling over spring break and people would make nice comments to them about the team. Councilor Selin reminded everyone once again that the Youth Commission is looking for new members and if you are interested, contact Marissa Travinksi at BOPARC.

Councilor Shamberger: Councilor Shamberger mentioned the Woodburn Neighborhood Association meeting on April 19, 2010 at 7pm. Councilor Shamberger stated that April 24^th is the Neighborhood Cleanup for Earth Day. Councilor Shamberger noted that the article in the Dominion Post on the Met Theatre was well written, and stated that when the theatre is done it is going to be a real asset to the community.

Councilor Spencer: Councilor Spencer mentioned a meeting of the Mon River Trail Conservancy on Thursday, April 8, 2010. Councilor Spencer commented on the Coal Mine Explosion at Upper Big Branch Mine and what a disaster this is to their community and for their families. Councilor Spencer also reminded everyone how dangerous coal mining is as we face water and air quality problems in our own area. Councilor Spencer stated that gas drilling has an impact on our water quality and continues to be a concern in our State; and we have to keep up on this matter and let our legislators know of our concerns. Councilor Spencer informed everyone that the annual River Summit is on April 19 at the Waterfront Hotel. Councilor Spencer requested that like the MPO, there be an Environmental Planning Organization developed by Federal and State funds which would allow local communities take better care of their environment. Councilor Spencer commented WVU Basketball team on the fine job they did representing their school and community.

Mayor Byrne: Mayor Byrne stated that he went to Indianapolis for the game and the energy that was there with over 10,000 West Virginians all over the place cheering the team on; and once again the National exposure this team has given to this community was well done. Mayor Byrne commented that a celebration will be planned for the Basketball team in the near future. Mayor Byrne announced that on April 17 from 11am to 3pm is “Chocolate Lover’s Day”; casting directors for the show “The Real World” will be holding casting sessions at Sidelines Sports Bar and Grill on April 13 on High Street; Job Fair at Mylan Park on April 7^th; National Symphony Orchestra will perform at the Clay Concert Theatre on April 7^th at 7:30pm; the BANFF Mountain Film Festival will perform at MHS at 7pm proceeds go for Friends of Deckers Creek and April 16^th the Morgantown Event Center opens with “The Superstars” at 7:30pm.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:35 p.m.