REGULAR MEETING MAY 3, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 3, 2005, at 7:30 P.M.

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

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the special meeting and the regular meeting on April 19, 2005, were approved as printed.

CORRESPONDENCE:

Mayor Justice announced the Mountaineer Challenge Academy graduation, the Eighth Annual Walk-the-Walk for Lives, and the WV Walks Closing Ceremony and presented proclamations for National Women's Health Week and Municipal Clerks Week.

PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 17.1 OF THE ZONING ORDINANCE AS TO ACREAGE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS IN THE SUNNYSIDE NEIGHBORHOOD:

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 portion closed.

UNFINISHED BUSINESS:

AN ORDINANCE AMENDING SECTION 17.1 OF THE ZONING ORDINANCE AS TO ACREAGE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS IN THE SUNNYSIDE NEIGHBORHOOD: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING SECTION 17.1 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO ACREAGE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS.

After discussion, motion by Spencer, second by Scafella, to adopt the above Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

By acclamation, J. Vincent Bartling was reappointed to the BOCA Board.

PUBLIC PORTION:

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

SPECIAL COMMITTEE REPORTS:

Mayor Justice announced three MPO transportation meetings.

NEW BUSINESS:

APPROVAL of FIRST READING of AN ORDINANCE ENACTING ARTICLE 930 AS THE SAME APPLIES TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE ENACTING ARTICLE 930 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION RULES AND REGULATIONS TO PROTECT THE PUBLIC POTABLE WATER SUPPLY OF THE CITY OF MORGANTOWN.

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

PRESENTATION of BURROUGHS RUN/POPONOE RUN STORMWATER CONTROL PROJECT:

After discussion, motion by Scafella, second by Spencer, to support the plan presented by Morgantown Utility Board. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

Attached you will find requests to support the Wild & Wonderful MountainFest Motorcycle Rally to be conducted from July 29 to July 31, 2005, and the Mountaineer Triathlon to be held on June 26, 2005, with Festival Permits and Parade Permits. The Festival Permits will allow beer to be sold under controlled conditions at Hazel Ruby McQuain Park.

After discussion, motion by Byrne, second by Bane, to grant Festival Permits. Motion carried 7-0.

Item No. 2:

The second attachment is a memo from the Public Works Director reporting bid results for this year's paving program. I agree with her comments and recommend that the contract be awarded to the low bidder Dodd General Contractors Corp. for $106,544.

Motion by Scafella, second by Spencer, to approve the contract with Dodd General Contractors Corp. for $106,544. Motion carried 7-0.

CITY CLERK'S REPORT:

City Clerk Little reported on the election and the United Way fundraiser.

CITY ATTORNEY'S REPORT:

City Attorney Fanok urged more people to vote the next time.

EXECUTIVE SESSION: Motion by Byrne, second by Manilla, to go into an executive session pursuant to Section 6-9A-4-6 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice and Council Members. Time 8:40p.m.

REGULAR SESSION: There being no further business, the meeting went back into Regular Session by unanimous consent at 9:40p.m.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane thanked the voters.

Councilor Manilla: No Report.

Councilor Scafella: No Report.

Councilor Miller: Councilor Miller congratulated the candidates and noted a missing street sign.

Councilor Byrne: Councilor Byrne thanked the voters.

Councilor Spencer: Councilor Spencer commented on the BOPARC video, the skate park dedication, different kinds of donations for BOPARC, and the WVU Trail presentation.

Mayor Justice: Mayor Justice presented a BOPARC video and thanked everyone for canvassing help.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:50

p.m.

_____________________________ __________________________________

City Clerk Mayor

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