REGULAR MEETING MAY 4, 2004:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 4, 2004, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Clerk Linda L. 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 from the regular meeting on April 20, 2004, were approved as printed.

CORRESPONDENCE:

Mayor Justice read and presented Older Americans Month and read Free Transportation Day proclamations.

Councilor Miller read and presented the Municipal Clerks Week proclamation.

Councilor Byrne read and presented the Mary Rodd Furbee Day proclamation.

Mayor Justice announced the Tourism ExposeŽ, the Grandeur at the Garlow House event, and read a thank you from CASA for Kids.

UNFINISHED BUSINESS:

BOARDS AND COMMISSIONS:

There being no Boards and Commissions appointments, Mayor Justice moved to the Public Portion.

PUBLIC PORTION:

Rick Colebank, President of Alpha Associates, announced the two architectural awards won for the Amphitheatre Roof.

Janis Gunel, 1409 Dogwood Avenue, spoke in support of establishing a city-neighborhood partnership services program.

Lynn Sobolov, 508 Cedar Street, announced two meetings about youth involvement in leadership.

Danny Trejo, Morgantown Area Youth Services Project, presented a hand-out and discussed funding.

Prairie Sundance, spoke in opposition to the local Marine urban-combat training.

Mary Wildfire, 1195 Mineral Avenue, spoke in opposition to the local Marine urban-combat training.

SPECIAL COMMITTEE REPORTS:

Councilor Byrne announced Recycling Day for battery collection and reported on the satellite recycling program. Councilor Spencer mentioned the Beautification Commission proposed policy for memorials.

NEW BUSINESS:

AN ORDINANCE ACCEPTING A GIFT OF REALTY FROM THE METROPOLITAN THEATRE FOUNDATION, INC.: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ACCEPT A GIFT OF REALTY, KNOWN AS THE METROPOLITAN THEATRE, FROM THE METROPOLITAN THEATRE FOUNDATION, INC.

After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE FIRST BAPTIST CHURCH AND THE PARKING AUTHORITY: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE FIRST BAPTIST CHURCH (LESSOR) AND MORGANTOWN PARKING AUTHORITY (LESSEE) AS THE SAME APPLIES TO CHURCH REALTY LOCATED ADJACENT TO SPRUCE STREET WITHIN THE CITY OF MORGANTOWN.

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

AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY AND A RIGHT-OF-WAY FROM WVU IN THE 4^TH & 5^TH WARDS: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE, BY DEED, REALTY AND A RIGHT-OF-WAY FROM THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS; SAID REALTY CONSISTING OF PARCELS 400,401 AND 402.1 AND MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, AND A RIGHT-OF-WAY THROUGH AND ACROSS PARCEL 73 ON MAP 21 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN AND PARCEL 3 ON MAP 58 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN.

After discussion, motion by Miller, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING SECTION 351.10 AS APPLIES TO DRIVING UNDER SUSPENSION OR REVOCATION, AND REDUCING THE ALCOHOL CONCENTRATION TO .08: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 351.10 OF THE MORGANTOWN CITY CODE AS THE SAME APPLIES TO DRIVING UNDER SUSPENSION OR REVOCATION, AND REDUCING THE ALCOHOL CONCENTRATION FROM TEN HUNDREDTHS OF ONE PERCENT TO EIGHT HUNDREDTHS OF ONE PERCENT.

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

AN ORDINANCE AMENDING ARTICLE 333, DRIVING UNDER THE INFLUENCE TO REFLECT CHANGING TO .08: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING ARTICLE 333, DRIVING UNDER THE INFLUENCE, INCLUDING SECTIONS 333.01,333.04,AND 333.05 OF THE MORGANTOWN CITY CODE TO REFLECT CHANGES IN THE STATE STATUES CHANGING THE ALCOHOL CONCENTRATION FROM TEN HUNDREDTHS OF ONE PERCENT TO EIGHT HUNDREDTHS OF ONE PERCENT.

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

A RESOLUTION THAT THE MORGANTOWN CITY COUNCIL ESTABLISHES A CITY-NEIGHBORHOOD PARTNERSHIP SERVICES PROGRAM, WHICH WILL MAKE READILY AVAILABLE PROGRAMS, AND SERVICES FOR THE CITIZENS OF MORGANTOWN TO PROVIDE PUBLIC UNDERSTANDING OF LOCAL DEMOCRATIC PROCESSES AND INCREASE PARTICIPATION IN CIVIC IMPROVEMENT: The above entitled Resolution was presented for Council's approval:

Motion by Spencer, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.

A RESOLUTION THE CITY OF MORGANTOWN WILL RECEIVE AN ENTITLEMENT ALLOCATION OF $675,000 FOR FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: The above entitled Resolution was presented for Council's approval:

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

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

Attached you will find a Memorandum of Understanding between the City of Morgantown and Platinum Properties concerning the River Front TIF District. As per the State Law and the presentation at the recent Committee of the Whole, I recommend that the Memorandum be approved.

Motion by Scafella, second by Bane, to approve the Memorandum of Understanding with Platinum Properties for the River Front TIF District. Motion carried 7-0.

Item No. 2:

The second attachment is a proposed agreement with the Greater Morgantown Community Trust to administer a $45,000 City grant to the arts community. Based upon recent budget sessions and commitments, I recommend that the agreement be approved.

Motion by Byrne, second by Scafella to approve the agreement. Motion carried 6-0 (Justice Abstained).

CITY CLERK'S REPORT:

City Clerk Little thanked the community for supporting the Colasessano pepperoni roll sale.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS :

Councilor Bane: Councilor Bane discussed a White Park parking problem and remarked on the Marine urban-combat training.

Councilor Manilla: Councilor Manilla announced a 2^nd Ward opening on the Beautification Commission and discussed the Marine urban-combat training.

Councilor Scafella: Councilor Scafella commented on the need for more lighting downtown for traffic and the City-Neighborhood Resolution.

Councilor Miller: Councilor Miller echoed Scafella's thoughts on the Resolution and commented on lighting in the City, a dangerous curve on College Avenue; delivering the Mental Health proclamation, and litter citations by "Jambie".

Councilor Byrne: No Report.

Councilor Spencer: Councilor Spencer discussed: the City-Neighborhood Resolution, Block grant funding, BFI problems, Stanley's Spot dog park dedication and graffiti on the Trail, the Fire Service study committee, the zoning ordinance draft at COW, tax reform to reduce budget shortfalls, the federal budget shortfall for new highways, and the Marine urban-combat training.

City Attorney Fanok asked Council whether the Neighborhood Resolution adopted included the City preparing bylaws, articles of incorporation, and giving legal opinions to such groups. In his legal opinion, for liability purposes, the City should not do so.

Mayor Justice and Council concurred.

Mayor Justice: Mayor Justice gave reminders of future meetings and events.

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

9:20 p.m.

_____________________________ __________________________________

City Clerk Mayor

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