REGULAR MEETING AUGUST 7, 2007:

             The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 21, 2007, at 7:35P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, Acting City Clerk Donna Roberts, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Charlie Byrer, Jenny Selin, Bill Byrne, Don Spencer. Linda Little Absent.

             The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on August 7, 2007, were approved as printed.

CORRESPONDENCE: 

             Mayor Justice mentioned positive letters that have been shared with Council and announced the WVML All Star Community Award.

PUBLIC HEARING - AN ORDINANCE APPROVING A NEW PROJECT PLAN TO BE IMPLEMENTED IN THE FALLING RUN REDEVELOPMENT DISTRICT NO.1, AMENDING THE PREVIOUS PROJECT PLAN:

             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 ANNULLING 37' OF WARREN STREET IN FIRST WARD:

             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 AUTHORIZING AN AIRPORT LEASE WITH RLPT, INC, FOR A COFFEE AND GIFT SHOP CONCESSION BUSINESS:

             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 AUTHORIZING AN EASEMENT TO VERIZON IN THE STADIUM LOOP AREA:

             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 AUTHORIZING A RIGHT-OF-WAY TO WVU FOR CHILLED WATER LOOP ACROSS NORTH HIGH AND ALONG PROSPECT STREET:

             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 AUTHORIZING A DEED OF ONE PARCEL IN FIRST WARD TO THE MORGANTOWN BUILDING 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 public hearing closed.

PUBLIC HEARING - AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT WITH WVU FOR TEMPORARY PARKING IN THE STADIUM LOOP:

             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:

             AN ORDINANCE APPROVING A NEW PROJECT PLAN TO BE IMPLEMENTED IN THE FALLING RUN REDEVELOPMENT DISTRICT NO.1, AMENDING THE PREVIOUS PROJECT PLAN: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE APPROVING A NEW PROJECT PLAN TO BE IMPLEMENTED IN THE PREVIOUSLY ESTABLISHED CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1, AMENDING THE PREVIOUS PROJECT PLAN, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

             After the City Manager’s explanation, Monty Warner’s answers, and discussion; motion by Byrne, second by Spencer, to adopt the above entitled ordinance. Motion carried 7-0.

             AN ORDINANCE ANNULLING 37' OF WARREN STREET IN FIRST WARD: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE ABANDONING AND ANNULLING A THIRTY-SEVEN FEET LONG (MORE OR LESS) AND TWENTY-FIVE FEET WIDE PORTION OF WARREN STREET AT ITS INTERSECTION WITH THE CITY OF MORGANTOWN’S RAILS TO TRAILS REALTY IN THE FIRST WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.

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

             AN ORDINANCE AUTHORIZING AN AIRPORT LEASE WITH RLPT, INC, FOR A COFFEE AND GIFT SHOP CONCESSION BUSINESS: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND RLPT, LLC, dba LIMOUSINES BY A TOUCH OF CLASS, LESSEE, REGARDING FLOOR AREA WITHIN THE MORGANTOWN MUNICIPAL AIRPORT TERMINAL BUILDING FOR USE AS A COFFEE AND GIFT SHOP CONCESSION BUSINESS.

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

             AN ORDINANCE AUTHORIZING AN EASEMENT TO VERIZON IN THE STADIUM LOOP AREA: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT BY THE CITY OF MORGANTOWN, GRANTOR, TO VERIZON WEST VIRGINIA, INC., GRANTEE, FOR THE PLACEMENT OF POLES AND CABLES UPON AND ACROSS REALTY OWNED BY THE CITY OF MORGANTOWN AND SITUATED WITHIN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF THE CITY OF MORGANTOWN.

             After the City Manager’s explanation, Monty Warner’s answers, and discussion; motion by Byrne, second by Bane, to adopt the above entitled ordinance. Motion carried 7-0.

             AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY TO WVU FOR CHILLED WATER LOOP ACROSS NORTH HIGH AND ALONG PROSPECT STREET: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO GRANT A RIGHT-OF-WAY AND EASEMENT TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ACROSS NORTH HIGH STREET AND ALONG PARTS OF PROSPECT STREET IN THE CITY OF MORGANTOWN TO CONSTRUCT OR REPLACE LINES FOR THE CHILLED WATER LOOP.

             After discussion, motion by Spencer, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.

             AN ORDINANCE AUTHORIZING A DEED OF ONE PARCEL IN FIRST WARD TO THE MORGANTOWN BUILDING COMMISSION: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED A PARCEL OF REAL ESTATE, OWNED BY IT AND LOCATED IN THE FIRST WARD OF THE CITY, TO THE MORGANTOWN BUILDING COMMISSION.

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

             AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT WITH WVU FOR TEMPORARY PARKING IN THE STADIUM LOOP: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (GRANTOR) AND THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS (GRANTEE) REGARDING CITY OF MORGANTOWN REALTY LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AND WHICH WEST VIRGINIA UNIVERSITY INTENDS TO UTILIZE FOR TEMPORARY VEHICULAR PARKING FOR FACULTY AND STAFF.

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

BOARDS AND COMMISSIONS:

               By acclamation, Leanne Cardoso was appointed to the Board of Zoning Appeals, Councilor Byrer to Teen Court, and Councilor Manilla as the MPO alternate.

PUBLIC PORTION:

             Henry Maxwell, 430 Grant Avenue, spoke of being a condemned house homeowner instead of a renter and needing a structural engineer’s report for the insurance company.

             Jim Hunt, Sunnyside Up Director, announced the possibility of a grant for a Sunnyside building inspector for a targeted effect on code issues and passed out a Columbus, OH Code Enforcement concept document.

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

             After discussion, Mr. Maxwell is to contact the City Manager and Council will tour the three square blocks possibly affected by this slippage.

SPECIAL COMMITTEE REPORTS:

             Councilor Spencer gave updates on the Neighborhood Coordinating Council and Dorsey Knob Park. Councilor Bane said the Met Theatre Board decided on a marquee with a digital display.

NEW BUSINESS:

             AN ORDINANCE REZONING 12 PARCELS OF REAL ESTATE IN 4^TH WARD FROM O-I TO PUD: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ALL OR A PORTION OF TWELVE PARCELS OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM O-I, OFFICE AND INSTITUTIONAL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT BY AMENDING ARTICLE 1331.02 OF THE PLANNING & ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.

             After discussion, motion by Manilla, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

             CONSIDERATION OF APPROVAL OF A RESOLUTION ESTABLISHING THE “NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)”: The above entitled Resolution was presented for Council’s approval:

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

CITY MANAGERS REPORT:

INFORMATION:

Item No 1:

The West Virginia Economic Development Authority has informed the City that it may lease properties acquired with Economic Development Grant funds to the Square at Falling Run Developer. The letter also approves the lease of additional properties to be acquired with grant funds to the developer as well. This total $5,000,000 land transaction will be processed by the City Building Commission.

Item No. 2:

The City of Morgantown Airport recently completed its annual FAA Compliance Inspection with only five minor infractions (all of which have been corrected). The excellent results of this important inspection speak well of the Airport Director and Staff and their dedicated service to all users of the Morgantown Airport.

Item No. 3:

The U. S. Department of Housing and Urban Development has announced that it will fund the City’s CDBG Action Plan for FY 2007-2008 with $583,773. With this award, the following activities will be realized: $83,000 Administration; $84,956 Public Service; $373,279 Infrastructure; and $42,548 Rehabilitation.

             By request, the City Manager gave an update on the Riverview project developers.

CITY CLERK'S REPORT:

             Acting City Clerk Roberts gave a report on the hot dog sale.

CITY ATTORNEY'S REPORT:

             No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane:                                                    Councilor Bane endorsed the targeting effort on Sunnyside properties and asked if the inspection fee could be raised.

                                                                              City Manager Boroff responded yes, but not more than 100% of                                                                       the cost of the services.

Councilor Manilla:                                                Councilor Manilla covered parking alternatives during MHS construction.

Councilor Byrer:                                                   Councilor Byrer learned a lot at the WVML Conference; suggested new councilor orientation; observed that Sunnyside is a neighborhood of contrasts; and urged keeping up with growth in safety and service.

Councilor Selin:                                                    Councilor Selin requested a resolution of support for the WV Wilderness Coalition.

Councilor Byrne:                                                  Councilor Byrne listed what Code Enforcement does; asserted more staff and budget is needed for rental properties; and urged a more proactive system.

Councilor Spencer:                                               Councilor Spencer advised a proactive system and requested an administrative recommendations report at the October COW; asserted that we have to stand on our word as City officials; asked for interaction and shared resources (i.e. City and WVU police) be added to Home Rule list; and requested Human Rights Commission information for the COW.

Mayor Justice:                                                       Mayor Justice advised of the good cooperative effort for moving students and discussed leadership on this issue and others: the time is now to make changes.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:25 p.m.

_____________________________                                  __________________________________

City Clerk                                                                          Mayor

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