REGULAR MEETING APRIL 15, 2003:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 15, 2003, at 7:30 P.M.

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

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on April 1, 2003, were approved as corrected.

CORRESPONDENCE:

Mayor Justice presented a plaque to Lt. James R. Downes, Jr. upon his retirement from the Police Department.

Dan Nagowski, Main Street President, presented an award to the Library for the work on the Garlow House.

Mayor Justice showed a "Week of the Child" shirt made by the WVU Child Development Center and presented a proclamation for Municipal Clerks Week to City Clerk Linda Little.

Mayor Justice noted that Adelphia has switched TNN back to the lower tier and announced the Special Meeting on the 16^th is canceled and the Public Hearing will be at the next Regular Meeting.

Mayor Justice indicated articles in the WV EXECUTIVE with Scott Rotruck on the cover, articles on Morgantown in THE STATE JOURNAL with an outline commentary from the West Virginia Media Network, and noted that Benedum Foundation application covers feature a picture of the Wharf District entrance to the Rail/Trail.

Councilor Merow commented on a letter from the U. S. Department of Education addressed to Mayor Merow regarding a future meeting.

PUBLIC HEARING - AUTHORIZING A LEASE BETWEEN PARKING AUTHORITY AND IRENE TWIGG:

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 hearing closed.

PUBLIC HEARING - AMENDING SECTION 153.04 MEMBERSHIP OF THE HUMAN RIGHTS COMMISSION :

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 hearing closed.

PUBLIC HEARING - REPEALING ARTICLE 1713 & ADDING A NEW 1713 TO CONFORM WITH ICC 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 hearing closed.

PUBLIC HEARING - APPROVING THE CURRENT REFUNDING OF THE BONDS FOR THE MORGANTOWN PUBLIC SAFETY BUILDING:

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 hearing closed.

UNFINISHED BUSINESS:

AN ORDINANCE AUTHORIZING A LEASE BETWEEN PARKING AUTHORITY AND IRENE TWIGG: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN IRENE TWIGG (LESSOR) AND THE CITY OF MORGANTOWN (LESSEE), ON BEHALF OF THE MORGANTOWN PARKING AUTHORITY.

Motion by Merow, second by Scafella, to adopt the above entitled ordinance. Motion carried 5-0. (Bane and Byrne Absent).

AN ORDINANCE AMENDING SECTION 153.04 MEMBERSHIP OF THE HUMAN RIGHTS COMMISSION: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 153.04 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO MEMBERSHIP OF THE CITY'S HUMAN RIGHTS COMMISSION.

After discussion, motion by Miller, second by Scafella, to adopt the above entitled ordinance. Motion carried 5-0. (Bane and Byrne Absent).

AN ORDINANCE REPEALING ARTICLE 1713 & ADDING A NEW 1713 TO CONFORM WITH ICC CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE REPEALING ARTICLE 1713 OF THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN, AND REPLACING IT WITH A NEW ARTICLE 1713 SO AS TO CONFORM WITH THE ICC CODE (INTERNATIONAL CODE COUNCIL).

After discussion, motion by Scafella, second by Miller, to adopt the above entitled ordinance. Motion carried 5-0. (Bane and Byrne Absent).

AN ORDINANCE APPROVING THE CURRENT REFUNDING OF THE BONDS FOR THE MORGANTOWN PUBLIC SAFETY BUILDING: The following entitled Ordinance was presented for second reading:

AN ORDINANCE APPROVING THE CURRENT REFUNDING OF THE MORGANTOWN BUILDING COMMISSION'S MUNICIPAL BUILDING LEASE REVENUE REFUNDING BONDS, SERIES 1993, THE AUTHORIZATION, SALE AND ISSUANCE OF MUNICIPAL BUILDING LEASE REVENUE REFUNDING BONDS, SERIES 2003, OF THE MORGANTOWN BUILDING COMMISSION FOR SUCH PURPOSE, AND THE CONTINUED LEASING OF THE MORGANTOWN PUBLIC SAFETY BUILDING BY THE COMMISSION TO THE CITY OF MORGANTOWN; PRESCRIBING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AND LEASE, A BOND PURCHASE AGREEMENT, AN OFFICIAL STATEMENT AND OTHER INSTRUMENTS AND APPROVING OTHER DOCUMENTS AND MATTERS RELATING TO THE TERMS AND SECURITY OF SUCH BONDS; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH.

After discussion, motion by Miller, second by Merow, to pass the above entitled ordinance to second reading. Motion carried 5-0. (Bane and Byrne Absent).

BOARDS AND COMMISSIONS

By acclamation, Robert Sheets and Pat Esposito reappointed to BOCA Board of Appeals.

By acclamation, W. James Brown, C. Barton Loar, Bobby Nicholas, Tina Tallaksen, Patricia Watson, Kacy Wiedebusch, and R. Karl Yagle were appointed to the Metropolitan Theatre Commission.

By acclamation, Jerry Summers reappointed and Ed Bodkin will replace Harold Moore on the Police Civil Service Commission.

PUBLIC PORTION:

Greg Good, 508 Cedar Street, spoke about the grand opening celebration of The Learning Trails and presented a handout.

Don Spencer, First Things First, presented their answer to traffic congestion, including a bridge to Westover at Eighth Street.

John Duarte, 460 Grove Street, requested tabling the PUD rezoning ordinance.

Jim Gaston, 720 Powell Avenue, requested tabling the PUD rezoning ordinance and spoke about accountability.

Bill Warnick, 817 Willowdale Road, presented a petition for traffic calming measures for Willowdale Road.

Fred Wyant, 516 Westwood Street, requested tabling the PUD rezoning ordinance.

Paul Meleady, 55 Beech Street, spoke about concerns with neighborhood rezoning, present and potential neighborhood traffic problems, and closing E. Brockway Avenue through Marilla Park.

Latelle Hall, 1053 Ross Street, spoke in favor of the PUD rezoning ordinance.

NEW BUSINESS:

AN ORDINANCE REPEALING ARTICLE 1327 - SUBDIVISION REGULATIONS FOR PLANNED UNIT DEVELOPMENTS: The following entitled Ordinance was presented for first reading:

AN ORDINANCE REPEALING ARTICLE 1327 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO SUBDIVISION REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS.

After discussion, motion by Miller, second by Manilla, to pass the above entitled ordinance to second reading. Motion carried 5-0. (Bane and Byrne Absent).

APPROVAL OF THE RATES OF THE LEVY FOR FY 2003-2004:

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, 2003, IN ACCORDANCE WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE.

After discussion, motion by Miller, second by Scafella, to approve the above levy rates. Motion carried 5-0. (Bane and Byrne Absent).

RESOLUTION AUTHORIZING ACCEPTANCE OF A $10,000 GRANT FOR THE WEST VIRGINIA RAPTOR CENTER: The above entitled Resolution was presented for Council's approval:

Motion by Merow, second by Manilla, to pass the above entitled Resolution. Motion carried 5-0. (Bane and Byrne Absent).

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

As way of information, the City of Morgantown expended $104,586 for snow and ice removal during the last, big storm of the year (February 16-February 22). Labor costs with overtime were $57,000; materials were $3,500; repairs were $8,000; and $32,000 was expended for removal of snow from the Downtown.

NEW BUSINESS:

Item No. 1:

Attached you will find an engagement letter contracting with Steptoe & Johnson to act as bond attorney for refinancing the Public Safety Building for a cost of $34,500. Based upon earlier approval of Council to employ this firm for the project, I recommend that the letter be executed.

Motion by Scafella, second by Miller, to authorize an engagement letter to Steptoe & Johnson at a cost of $34,500. Motion carried 5-0. (Bane and Byrne Absent).

Item No. 2:

As previously discussed, the City has sought bids to renovate the lower level of the Airport Terminal to support the lease Council authorized with the US Transportation Security Administration (they will pay the City $62,987 over a 5 year period with a 5% interest rate for the improvements to City property). Attached you will find bid results for this project as well as work to renovate the balance of the area. I concur with the Airport Director's comments and recommend that the work be awarded to the low bidder Marks Construction Company for the base bid and the 2 alternative bids for a total of $129,464. I further recommend that the City loan this amount to the Airport to finance the project with a total repayment in 2 years (in this way preserve Airport funds for local matches for significant Federal grants).

After discussion, motion by Miller, second by Merow, to lend the Airport $129,464 and award the bid to Marks Construction. Motion carried 5-0. (Bane and Byrne Absent).

Item No. 3:

The last attachment is a memo from the Public Works Director reporting that the Traffic Commission has recommended that a speed hump be installed on Willowdale Road on a trial basis for speed control. Based upon commonly accepted guidelines for the use of such devices and practical safety considerations, I recommend that this proposal not be approved.

After discussion, motion by Merow, second by Scafella, to install a speed hump on Willowdale Road on a trial basis. Motion carried 5-0. (Bane and Byrne Absent).

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS (reverse order):

Councilor Merow: Councilor Merow commented on CNN show about children living near power plants and requested discussion. Councilor Merow summarized the Police Department incident report and urged widening Beechurst for traffic.

Councilor Byrne: Absent.

Councilor Miller: Councilor Miller noted number of incidents in business areas against residential areas and the State Legislature has allowed gray machines in places that sell beer, wine and liquor and City Council has no control. Councilor Miller commented on neighborhood refurbishment.

Councilor Scafella: Councilor Scafella recommended that if one utility buries service for new construction, that it build the infrastructure for other utilities to do the same and commended Greg Good as a dedicated public servant. Councilor Scafella said that R-1A zoning since 1991 has helped control rental units in neighborhoods, thanked First Things First for putting together the development map, noted the DOH is preparing a Beechurst report and the sidewalk allows for a bike lane all the way to Star City.

Councilor Manilla: Councilor Manilla commented on Beechurst sidewalks, Marilla Park and BOPARC Master Plan, and reliance on expert City resources. Councilor Manilla noted the gray machines are part of WV economic development.

Councilor Bane: Absent.

Mayor Justice: Mayor Justice announced no April COW, upcoming events and meetings, and thanked Lt. Rich Downes for his service and thanked all the candidates. Mayor Justice quoted Bray Carey and spoke about mutual trust and working as a team versus political jabs, citing specific items.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:15p.m.

_____________________________ __________________________________

City Clerk Mayor

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