REGULAR MEETING AUGUST 5, 2003:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 5, 2003, at 7:30 P.M.

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

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the special meeting & regular meeting on July 15, 2003, were approved as printed.

CORRESPONDENCE:

Mayor Justice summarized Governor Wise's letter of support for the new air service grant; read Mulberry Street, Inc. letter opposing Eljadid Street traffic signal agreement; announced Greatest Garage Sale and Hot Dog Sale sponsors and MainStreet's coupon book program. Mayor Justice summarized letters: thank you from Solid Waste Authority, Senator Byrd's support for new air service grant, thank you from Habitat for Humanity, Delegate Cindy Frich re: the MPO TIP, thank you from Gy. Sgt. Dean Weichert of the USMC, Jessica Lynch and Family thank you, SBA's 50^th Anniversary and Conference, and the BOPARC Skate Park update.

PUBLIC HEARING - AMENDING SECTIONS OF THE ZONING ORDINANCE FOR FULL SERVICE HOTELS:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Phil Shuman, 250 Kingwood Street, spoke against the ordinance.

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

PUBLIC HEARING - AUTHORIZING A LEASE AGREEMENT WITH THE MPO REGARDING AIRPORT OFFICE SPACE:

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 THE FY 2003-2004 ANNUAL BUDGET AS THE SAME APPLIES TO THE COAL SEVERANCE 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 hearing closed.

PUBLIC HEARING - THE SQUARE AT FALLING RUN PROPOSED TAX INCREMENT FINANCING PLAN:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Joanna Krafczyk, 1355 Wetzel Avenue, asked how Phase III property will be affected.

Bill Burton, 450 Linden Street, asked many questions.

Milton Cohen, 1060 Ross Street, spoke against previously passed TIF resolutions.

Mac Warner, Developer of Square at Falling Run, introduced the team of experts to answer any TIF questions.

Bill Wonderlin, Citizens for Responsible Development, spoke in support of the TIF.

James Giuliani, 256 Prairie Avenue, asked many questions.

Milton Cohen, 1060 Ross Street, interrupted and was gaveled out of order.

Joe Evans, president of Carpenters Union, spoke in support of the TIF.

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

UNFINISHED BUSINESS:

AN ORDINANCE AMENDING SECTIONS OF THE ZONING ORDINANCE FOR FULL SERVICE HOTELS: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 5, OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING A NEW SUBSECTION 26.1 DEFINING A "HOTEL, FULL SERVICE"; AND AMENDING SECTION 19(E)(2)(d), AS THE SAME APPLIES TO PRIVATE CLUBS ASSOCIATED WITH FULL SERVICE HOTELS.

The Rules were suspended to allow Phil Shuman to explain his concerns.

After discussion, motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 6-1. (Manilla voted NO).

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE MPO REGARDING AIRPORT OFFICE SPACE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE MONONGALIA COUNTY PLANNING ORGANIZATION (LESSEES) REGARDING OFFICE SPACE WITHIN THE MORGANTOWN MUNICIPAL AIRPORT'S SOUTH TERMINAL.

After discussion, motion by Scafella, second by Byrne, to adopt the above entitled Ordinance. Motion carried 6-0. (Justice ABSTAINED).

AN ORDINANCE AMENDING THE FY 2003-2004 ANNUAL BUDGET AS THE SAME APPLIES TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING THE FY 2003-2004 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 COAL SEVERANCE FUND.

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

APPROVAL OF THE SQUARE AT FALLING RUN PROPOSED TAX INCREMENT FINANCING PLAN:

THE SQUARE AT FALLING RUN PROPOSED TAX INCREMENT FINANCING PLAN, CREATION OF A DEVELOPMENT/REDEVELOPMENT DISTRICT, APPROVAL OF A DEVELOPMENT/REDEVELOPMENT PROJECT, AND ISSUANCE OF TAX INCREMENT FINANCING OBLIGATIONS.

The Rules were suspended to allow Lloyd Cunningham, Mayor of Homestead, PA, to comment and to allow Mac Warner to answer questions.

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

BOARDS AND COMMISSIONS:

Councilor Manilla commented on attendance reports, Councilor Spencer proposed increasing board memberships to more than 5, and Councilor Bane commented on having an expert non-voting member available at board meetings. City Clerk Little advised of the possibility of ad-hoc committees, Mayor Justice noted that some boards are regulated by state law, Councilor Scafella suggested the attorney look at the state statutes and welcomes the discussion, and Councilor Miller noted that non-voting members rarely attend meetings. Membership will be on the COW agenda.

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PUBLIC PORTION:

Christopher Wirth, 211 Grant Avenue, spoke about sidewalks and accessibility for the disabled.

Milton Cohen, 1060 Ross Street, commented on the City Charter.

Phil Shuman, 250 Kingwood Street, requested that other businesses besides Main Street be at COW and commented on junkers and eyesores.

Michael Pinion, 109 McLane Avenue, asked if TIF's could overlap and what the Sunnyside grant boundaries include.

James Giuliani, Prairie Avenue, commented on Prairie Avenue traffic on the one way portion and enforcement of yellow lines.

Michael Pinion, 109 McLane Avenue, commented on 5 day garbage pickup and suggested pickup on Monday and Thursday.

City Manager Boroff responded to Mr. Pinion.

SPECIAL COMMITTEE REPORTS:

Councilor Byrne reported the Solid Waste Authority will be getting a BFI report with prices for different days.

NEW BUSINESS:

AN ORDINANCE APPROVING CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for first reading:

AN ORDINANCE APPROVING CURRENT REPLACEMENT PAGES TO THE CITY CODE.

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

AN ORDINANCE CREATING ARTICLE 526 TO REGULATE THE PARKING OF MOTOR VEHICLES IN FRONT AND SIDE YARD AREAS: The following entitled Ordinance was presented for first reading:

AN ORDINANCE CREATING A NEW ARTICLE 526 WITHIN THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN; REGULATING THE PARKING OF MOTOR VEHICLES AND OTHER SPECIFICALLY NAMED PERSONAL PROPERTY WITHIN FRONT AND SIDE YARD AREAS OF PARCELS.

After discussion, motion by Scafella, second by Miller, to pass the above entitled Ordinance to second reading. Amendment by Byrne, second by Miller, to prohibit all parking in front yard areas. Amendment withdrawn. Motion by Byrne, second by Miller, to table the Ordinance. Motion to table carried 7-0.

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE WV DEPARTMENT OF TRANSPORTATION TO ESTABLISH AND MAINTAIN A TRAFFIC SIGNAL SYSTEM AT WV 7 AND ELJADID STREET: The above entitled Resolution was presented for Council's approval.

After discussion, motion by Spencer, second by Miller, to pass the above entitled Resolution. Motion by Byrne, second by Miller, to table the resolution. Motion to table carried 7-0.

The Rules were suspended to allow Mulberry Street, Inc. to explain that it is the present owner of the lot that Sheetz is renting.

RESOLUTION DESIGNATING THE SUNNYSIDE AREA AS A DETERIORATING AREA FOR URBAN RENEWAL: 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.

RESOLUTION APPROVING THE CITY TO EXERCISE THE URBAN RENEWAL AND REDEVELOPMENT AUTHORITY POWERS PURSUANT TO SECTION 16-18-4 OF THE WV CODE: The above entitled Resolution was presented for Council's approval.

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

RESOLUTION TO APPLY FOR HUD SCBG GRANT FUNDS IN THE AMOUNT OF $500,000 FOR THE SUNNYSIDE BLIGHT PREVENTION PROJECT: The above entitled Resolution was presented for Council's approval.

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

Council recessed at 10:00p.m. and went back into session at 10:05p.m.

AN ORDINANCE ADOPTING 125 FEET OF ALUM STREET, IN SIXTH WARD, INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for first reading:

AN ORDINANCE ADOPTING A ONE HUNDRED AND TWENTY-FIVE FOOT PORTION OF ALUM STREET INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL IN THE SIXTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.

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

AN ORDINANCE ADOPTING 148 FEET OF BARTLOW STREET, IN SIXTH WARD, INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for first reading:

AN ORDINANCE ADOPTING A ONE HUNDRED AND FORTY-EIGHT FOOT PORTION OF BARTLOW STREET INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL. IN THE SIXTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.

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

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION FOR ANIMAL CONTROL SERVICES : The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY COMMISSION, PERTAINING TO ANIMAL CONTROL SERVICES TO BE PROVIDED BY THE COUNTY TO THE CITY.

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

AN ORDINANCE AMENDING THE FY 2003-2004 ANNUAL BUDGET AS THE SAME APPLIES TO THE GENERAL FUND: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING THE FY2003-2004 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.

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

RESOLUTION TO APPLY FOR GRANT FUNDS IN THE AMOUNT OF $10,000 FOR MOUNTAIN LINE TRANSIT TO ESTABLISH A MAINTENANCE AND OFFICE FACILITY: The above entitled Resolution was presented for Council's approval.

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

RESOLUTION TO ADMINISTER GRANT FUNDS IN THE AMOUNT OF $2,000 FOR THE MONONGAHELA RIVER TRAILS CONSERVANCY TO MAINTAIN THE DECKERS CREEK TRAIL: The above entitled Resolution was presented for Council's approval.

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

RESOLUTION TO ADMINISTER GRANT FUNDS IN THE AMOUNT OF $15,847 FOR PROJECT SDFC-02-LE-019 PURSUANT TO PROVISIONS OF THE SAFE AND DRUG-FREE COMMUNITIES GRANT PROGRAM.: The above entitled Resolution was presented for Council's approval.

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

CITY MANAGERS REPORT:

NEW:

Item No. 1:

Attached you will find a petition to establish a Business Improvement District on High Street from Fayette Street to Walnut Street. As per State law, I recommend that the petition be accepted and the staff authorized to take the necessary steps to put the District in place.

Motion by Scafella, second by Byrne, to accept the petition to establish a second Business Improvement District on High Street from Fayette Street to Walnut Street. Motion carried 7-0.

Item No. 2:

Council has authorized the City's participation in the Boating Infrastructure Grant Program to construct a dock at Hazel Ruby McQuain Park. To execute this action, I recommend that $15,000 be allocated from the Capital Escrow Account to fund the 25% match requirement of this program.

Motion by Bane, second by Scafella, to allocate $15,000 as the grant match for the Hazel Ruby McQuain Park dock. Motion carried 7-0.

Item No. 3:

The second attachment describes the proposed Historic South Park Neighborhood Entrance Sign to be placed in the garden area off the Walnut Street bridge. Based upon the strong endorsement of the South Park Association of Neighbors, I recommend that this project be effected as presented.

After discussion, motion by Manilla, second by Miller, to allow the Historic South Park Neighborhood Sign to be placed in the garden area off the Walnut Street bridge. Motion carried 7-0.

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

ABSENT.

REPORT FROM COUNCIL MEMBERS (reverse order):

Councilor Spencer: Councilor Spencer addressed flooding in the Burroughs Run Flood Plain and the Suncrest Neighborhood Association meeting with MUB, commented on the Eljadid Street traffic signal and the National Night Out on Crime.

Councilor Byrne: Councilor Byrne covered garbage pickup, recommended Mark Derry as an expert on accessibility for the disabled, and commented on Suzanne Kenney's resignation.

Councilor Miller: Councilor Miller replied to Mr. Pinion re: bi-weekly pickup and signage, noted Human Rights Commission works on accessibility, reported radio comment on how well this City Council works together, and commended the Fire and Street Departments for all their help during the floods.

Councilor Scafella: Councilor Scafella reported on the Skate Park progress and thanked the Fire Department for help with locked car.

Councilor Manilla: Councilor Manilla commented on handicapped accessibility and requested the City Engineer to look at traffic signage by Alpha Associates.

Councilor Bane: Councilor Bane thanked MUB for Dorsey sewer grates and Police for White Park enforcement.

Mayor Justice: Mayor Justice complimented the Arts & Rivers Festival, noted Councilors' time spent on City projects, urged using Suzanne Kenney as a resource, commented on the Suncrest neighborhood meeting and the Hot Dog sale.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:50p.m.

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City Clerk Mayor

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