REGULAR MEETING AUGUST 15, 2006:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 15, 2006, at 7:30 P.M.

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

APPROVAL OF MINUTES: Minutes from the regular meeting on August 1, 2006, were approved as printed.

CORRESPONDENCE:

Mayor Justice reported a $20,000 grant for the Ronald McDonald House HVAC; commented on Dr. Hilloowala’s status report letter on the fountain; and announced the WVML All Star City Award for Clay Street Project and the Annual Hot Dog Sale.

PUBLIC HEARING-A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (PARKING GARAGE PROJECT NO. 1):

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 FY 2006-2007 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND:

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.

UNFINISHED BUSINESS:

A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (PARKING GARAGE PROJECT NO. 1), SERIES 2006 A OF THE CITY OF MORGANTOWN TO FINANCE COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PARKING GARAGE, CERTAIN STREETSCAPE AND INFRASTRUCTURE IMPROVEMENTS, 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, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND A TAX AND NON-ARBITRAGE CERTIFICATE; AUTHORIZING DISTRIBUTION OF AN OFFICIAL STATEMENT OR OTHER OFFERING DOCUMENT; 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; AUTHORIZING THE MAYOR OR 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.

After the City Manger’s explanation, motion by Scafella, second by Byrne, to adopt the above Ordinance. Motion carried 7-0.

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

AN ORDINANCE AMENDING THE FY 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 Spencer, second by Miller, to adopt the above Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

By acclamation, Dale McGill was appointed to the Beautification Commission.

PUBLIC PORTION:

Mayor Justice explained some background on the process that Kane-Core is going through.

Bill Kawecki, SPAN president, spoke against the Kane-Core project and presented a handout.

Paul Steel, Grand Street, had concerns about the number of students in the Kane-Core building.

Al Karlin, South Park, spoke against the size of the Kane-Core building and of a study on what students pay for rentals.

James Giuliani, 256 Prairie Avenue, spoke of parking and the Kane-Core building and presented a handout on the Collegiate Housing Foundation.

Michael Castle, 1117 University Avenue, had questions about being the bond conduit, the true beneficiary, and establishing a precedent.

Jan Kiger, Pleasant Street business owner, had concerns about traffic flow, parking, and financing.

L. J. Giuliani, 123 Pleasant Street, questioned how it falls into the Comprehensive Plan and the Main Street vision.

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

City Manager Boroff explained the role of the City in acting as a conduit for the bonds.

SPECIAL COMMITTEE REPORTS:

Councilor Spencer gave information on the fountain and a Friends of Dorsey Knob meeting.

NEW BUSINESS:

No Business.

CITY MANAGERS REPORT:

INFORMATION:

Item No 1:

As discussed at the last Council meeting, the City sought and received proposals to repair the air conditioning system at the Airport. The results were: Carrier Corporation – $67,365; Michel, Inc., - $56,005; and Neumann Company – $50,250. The contract was awarded to Neumann Company and they went to work the next day. All repairs and replacements have now been completed and the system is operational.

Item No. 2:

As per your direction, I have asked the Traffic Commission to develop guidelines for the use of speed humps in the residential areas of the City. As this project progresses, I will keep you advised. During the interim, the City will work with BOPARC on a pilot project testing the concept in City parks.

Item No. 3:

It may have recently been reported in local media that all terrain vehicles are not regulated in the City of Morgantown. In fact though, Article 351.12 prohibits the use on these vehicles on the City streets of Morgantown.

Item No. 4:

Attached you will find a memo from the City Planner responding to concerns recently expressed about zoning code laws and interpretations by the Board of Zoning Appeals (BZA). As you will read, certain technical terms were misapplied to the questioned project and there was disagreement with BZA decisions concerning the codes.

NEW BUSINESS:

Item No. 1:

The second attachment is a proposed contract with Lipman Frizzell and Mitchell LLC to update the Market Feasibility Analysis for the Morgantown Riverfront TIF District for $12,000. Based upon their familiarity with the project, I recommend that the contract be approved and the cost be paid from TIF proceeds.

Motion by Scafella, second by Byrne, to award the Market Feasibility Analysis to Lipman Frizzell and Mitchell LLC for $12,000. Motion carried 7-0.

Item No. 2:

The third attachment is a memo from the Airport Director reporting bid results for capital improvements at the Airport. With regard to the Apron Lighting and Signage Project, I agree with the Director’s comments and recommend that the contract be awarded to the low bidder F. K. Everest for a cost of $181,152.

Motion by Manilla, second by Scafella, to award to F. K. Everest for a cost of $181,152 the Apron Lighting and Signage Project. Motion carried 7-0.

Item No. 3:

Included in the third attachment is also the bid result for Phase 3 of the Runway Safety Area Extension. Again, I agree with the Director’s comments and recommend that the contract be awarded to the low bidder Mountaineer Grading Company for a cost of $4,146,364.

Motion by Manilla, second by Scafella, to award to Mountaineer Grading Company for a cost of $4,146,364 for Phase 3 of the Runway Safety Area Extension. Motion carried 7-0.

Item No. 4:

The fourth attachment is a memo from the Public Works Director reporting bid results for rock salt to treat City streets this winter. I agree with her comments and recommend that the contract be awarded to the low bidder North American Salt at a cost of $49.66 per ton.

Motion by Byrne, second by Spencer, to approve the contract to purchase rock salt from North American Salt. Motion carried 7-0.

Item No. 5:

The last attachment is a letter from Marshall University requesting a Fair/Festival Permit that will allow beer sales at a tailgate event being organized at Krepps Park preceding the WVU Marshall football game. As the host City for the event and in the spirit of accommodating the Marshall fans, I recommend that the request be approved.

After discussion, motion by Miller, second by Scafella, to welcome them with open arms. Motion carried 7-0.

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS):

Councilor Bane: Councilor Bane advised of calls about restricted items on porches, lack of gas company repairs to several First Ward streets, and has concerns about setup areas for Riverview construction.

Councilor Manilla: Councilor Manilla informed of a request for return of Jackson Street permit parking and commented on the Riverview project.

Councilor Scafella: Councilor Scafella gave a brief history of the housing task force and the recommendation to build high density housing near campus: Sunnyside Up, Square at Falling Run, and now Kane-Core are taking advantage of the opportunity.

Councilor Miller: Councilor Miller agreed with Councilor Scafella’s comments and thanked the public portion speakers; said her E-mail changed and that everyone has a Morgantown story.

Councilor Byrne: Councilor Byrne asked about meeting with some truck company owners and requested the actual cost of rerouting; commented on truck issue newspaper coverage and the Riverview project; thanked citizens; discussed managing change and urged the City to be more proactive.

Councilor Spencer: Councilor Spencer echoed statements of the process for Riverview and being more proactive; spoke of infrastructure guiding development and parking controls in neighborhoods; summarized Jim Hunt’s speech to the WVML conference and cited Dr. Cal Kent on financial prerogatives and local communities; commented on and the DOH truck traffic study and committees for Walnut Street design.

Mayor Justice: Mayor Justice congratulated Bob and Dixie DeSantis for their Beautification award; noted evaluation request of closing Rawley Avenue gates at the COW for Evansdale NHA; mentioned special project in October by the Holocaust Education Foundation for inclusive communities; and reiterated finding answers from all sources, questioned theoretical capital expenses with the Riverview project, and thanked everyone for the open forum and discussion.

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.