REGULAR MEETING SEPTEMBER 16, 2003:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September16, 2003, at 7:30 P.M.

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

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the special meeting & regular meeting on September 2, 2003, were approved as printed.

CORRESPONDENCE:

Mayor Justice recognized Ed Bowman and Frank Brewster of the Committee for Employer Support. Councilor Manilla read the Statement of Support for National Guard and Reserve. By acclamation, motion by Byrne, second by Manilla, to support the statement. Mr. Bowman presented the Seven Seals Award to City Manager Boroff (Col. Ret.).

Mayor Justice read a National Rehabilitation Week proclamation; noted letters on Waterfront Park restrooms, plugged sewer drops on Willey Street, and Michael Mueller's letter re: Suncrest flooding. Mayor Justice stated that MECCA, the Fire, Police, and Public Works Department are ready for the approaching storm and mentioned the Mason-Dixon Festival.

PUBLIC HEARING - DESIGNATING A PORTION OF PARSONS AS A DESIGNATED PERMIT PARKING DISTRICT :

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 - DESIGNATING MCCULLOUGH AVENUE AS A DESIGNATED PARKING DISTRICT:

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 A LEASE AGREEMENT BETWEEN THE CITY AIRPORT AND THE UNITED STATES GOVERNMENT :

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 - AUTHORIZING A WRITTEN AGREEMENT BETWEEN THE CITY AND WVU REGARDING PURCHASE OF COMMUNICATIONS EQUIPMENT BY THE FIRE DEPARTMENT :

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.

UNFINISHED BUSINESS:

AN ORDINANCE DESIGNATING MCCULLOUGH AVENUE AS A DESIGNATED PARKING DISTRICT: The following entitled Ordinance was presented for second reading:

AN ORDINANCE DESIGNATING A PORTION OF THE PARSONS STREET OF THE CITY OF MORGANTOWN, AS A DESIGNATED PERMIT PARKING DISTRICT PURSUANT TO ARTICLE 367 OF THE MORGANTOWN CITY CODE: DEFINING THE BOUNDARIES THEREOF; AND DIRECTING THAT THE STREET BE SINGED ACCORDINGLY.

Motion by Spencer, second by Byrne, to adopt the above entitled Ordinance. Motion carried 6-0.

(Scafella Absent).

AN ORDINANCE DESIGNATING MCCULLOUGH AVENUE AS A DESIGNATED PARKING DISTRICT: The following entitled Ordinance was presented for second reading:

AN ORDINANCE DESIGNATING MCCULLOUGH AVENUE WITHIN THE CITY OF MORGANTOWN, AS A DESIGNATED PERMIT PARKING DISTRICT PURSUANT TO ARTICLE 367 OF THE MORGANTOWN CITY CODE: DEFINING THE BOUNDARIES THEREOF; AND DIRECTING THAT THE STREET BE SIGNED ACCORDINGLY.

After discussion, motion by Byrne, second by Miller, to adopt the above entitled Ordinance. Motion carried 6-0. (Scafella Absent). By acclamation, this ordinance will be reviewed in six months.

AN ORDINANCE AMENDING A LEASE AGREEMENT BETWEEN THE CITY AIRPORT AND THE UNITED STATES GOVERNMENT: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING AN AMENDMENT TO A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND THE UNITED STATES GOVERNMENT, LESSEE, REGARDING OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT.

Motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 6-0. (Scafella Absent).

AN ORDINANCE AUTHORIZING A WRITTEN AGREEMENT BETWEEN THE CITY AND WVU REGARDING PURCHASE OF COMMUNICATIONS EQUIPMENT BY THE FIRE DEPARTMENT : The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING A WRITTEN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND WEST VIRGINIA UNIVERSITY REGARDING THE PURCHASE OF COMMUNICATIONS EQUIPMENT BY THE MORGANTOWN FIRE DEPARTMENT AND PAYMENT FOR THE SAME.

Motion by Byrne, second by Miller, to adopt the above entitled Ordinance. Motion carried 6-0.

(Scafella Absent).

BOARDS AND COMMISSIONS:

By acclamation, Don Spencer was appointed to the Beautification Commission and Joe Gluck, Jr. was appointed to the Traffic Commission.

.

PUBLIC PORTION:

Dr. Paul Nesselroad, 376 West Run Road, requested at least $100,000 of the $700,000 SCBG allocation be spent outside city boundaries.

Councilor Miller and Mayor Justice clarified agenda items to the attending Political Science Class.

Carrie Coombs, Park Street, spoke against a knife sharpening home occupation business.

By request, City Manager Boroff responded to Dr. Nesselroad and Ms. Coombs.

There being no more appearances or objections, Mayor Justice declared the Public Portion closed.

SPECIAL COMMITTEE REPORTS:

Councilor Byrne reported on the Sunnyside Up meeting with the consultant.

Councilor Spencer announced Digest funding and 360 donations for Dorsey's Knob Park.

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

On September 3, 2003, the City was informed by the Insurance Services Office, Inc. that Morgantown has been certified as a Class 3 City for fire insurance purposes. This is a high rating earned by only 4% of the Departments inspected. The Morgantown Fire Department and the Morgantown Utility Board are to be congratulated for this significant achievement.

Item No. 2:

As directed, Greenhorne & O'Mara (traffic consulting engineers) have identified two, potential traffic calming strategies to reduce speeding on Willowdale Road (built out, curved curbs and curved traffic islands). These suggestions have been forwarded to the Traffic Commission for review and recommendation to Council.

Item No. 3:

The City has been notified by the West Virginia Economic Development Grant Committee that, "Public Theatre and Marina project awarded funding, in the form of a grant, in the amount of $13,900,000 payable to the City of Morgantown". Obviously this is a significant announcement greatly advancing River Front

development and the City of Morgantown.

NEW BUSINESS:

Item No 1:

As previously discussed there have been some delays in completing the proposed comprehensive zoning ordinance amendment. To facilitate its completion, I recommend that the attached contract with Benatec Associates be authorized for $17,457 ($6,000 remains in the budget). For the additional fees the firm will review all the work to date as well as organize all the proposed changes in the form of an amendment with traditional underlining and strike through's.

After discussion, motion by Byrne, second by Miller to approve the Benatec Associates contract for $17,457. Motion carried 6-0. (Scafella Absent).

Item No 2:

The South Park Neighborhood Association recommends that the City contract with Greenhorne & O'Mara to do the preliminary engineering for the South Park Lighting Project for $4,500 (proposal attached). I agree with the recommendation of the group.

After discussion, motion by Manilla, second by Miller, to approve the Greenhorne & O'Mara contract for $4,500. Motion carried 6-0. (Scafella Absent).

CITY CLERK'S REPORT:

City Clerk Little commented on the blood drive.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane commented on rental housing stings, Jim Manilla acting in the Mason-Dixon Festival play, and the September Stride for cystic fibrosis.

Councilor Manilla: Councilor Manilla reported on downtown loading zone recommendations.

Councilor Scafella: ABSENT.

Councilor Miller: Councilor Miller commented on the SPAN picnic, Dr. Nesselroad's request, and John Gever's e-mail.

Councilor Byrne: Councilor Byrne addressed the Mon Moves program, commended City and Code Enforcement for rental stings, updated status of Wharf District parking garage and commended Tom Arnold, noted Library renovations and Blacksville services, and proposed having one urban governmental unit in the future.

Councilor Spencer: Councilor Spencer mentioned the DEP public hearing and the airport shortfall; replied to Dr. Nesselroad and Ms. Coombs; and commented on storm preparation and the Mason-Dixon Festival.

Mayor Justice: Mayor Justice listed future meetings and events and noted the WVU Homecoming parade is on Halloween evening. Motion by Miller, second by Manilla, to have Trick or Treat from 5:45 to 6:45 on October 30^th. Motion carried 6-0. (Scafella Absent).

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:59 p.m.

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City Clerk Mayor

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