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City Council Meeting Minutes

August 16, 2011

 

CALL TO ORDER: City Council convened in a General Committee meeting on August 16, 2011 at 6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to receive general public comment, with the following Council members present: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

 
GENERAL PUBLIC COMMENT

 
Marie Rohleder, York, PA, thanked the city's administration and staff for paving streets in her neighborhood.

 
There being no further public comment, President Ray adjourned the General Committee meeting and reconvened in Legislative Session at 7:00 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

 
Members of the Administration in attendance included: Jim Gross, Director of Public Works, and Kevin Schreiber, Director of Economic and Community Development. Also present was Assistant Solicitor Don Hoyt.

 
Members of York City Council staff in attendance included: Dianna L. Thompson, City Clerk.

 
Pledge of Allegiance: The Pledge of Allegiance was recited.

 
Approval of Minutes: Council dispensed with the reading of the Minutes of July 19, 2011 and unanimously approved them as written.

 
Correspondence and Announcements: President Ray read correspondence and announcements.

PRESENTATIONS: None
 
COMMITTEE MEETINGS SCHEDULED: None

STATUS OF PRIOR COMMITTEE REFERRALS 

Towing Ordinance (Bill No. 16)(View): Councilman Nixon updated Council on the status of Bill No. 16, a bill establishing a comprehensive towing ordinance, which was introduced by Nixon at the 05/03/2011 meeting of Council and referred to General Committee (meeting held 05/24/2011). Councilman Nixon reported that both the Police Chief and the Solicitor's Office have reviewed the legislation and corrections were made. He said Council will have an opportunity to review those changes once finalized and he anticipates the legislation will be placed on Council's September agenda for consideration of passage.

 
Public Hearing – August 9, 2011: York City Council held a public hearing on Tuesday, August 9, 2011 at 6:00PM in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to discuss the proposed Zoning Ordinance re-write and zoning map (Bill No. 33-10), as well as proposed amendments to the Comprehensive Plan 2030 (View) related to said re-write. Public testimony was received at the conclusion of the hearing. Council will consider adoption of the new zoning ordinance, zoning map, and Comprehensive Plan 2030 amendments at its August 16, 2011 meeting at 7:00PM in Council Chambers, 1 Marketway West, 3rd Floor, York, PA. The public is invited to attend.
 
 
SUBDIVISION / LAND DEVELOPMENT / HARB
 
Resolution No. 91, Session 2011, (View) A Resolution accepting the recommendations of HARB in issuing certificates of appropriates to Bell Socialization Services for work to be done at 252 E. Philadelphia St., Todd L. Strickhouser for work to be done at 125 S. Queen St., and McDonald's USA for work to be done at 142 S. George St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Hill-Evans, Resolution No. 91 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.
 
Pulled from agenda. A Resolution denying a certificate of appropriateness for work to be done at 287 W. Market St. (HARB application #29-11H – Mundor Signs) was pulled from the agenda by formal request of HARB. In email dated 8/16/11 from Barb Raid, Architectural Historian & HARB Consultant, the following was conveyed:
 
Please accept this email communication as a formal request to withdraw a HARB Certificate of Appropriateness from Council's August 16, 2011 meeting agenda. The C of A in question is for HARB case #29-11H for 287 W. Market St. The owner of the property has chosen to present a revised version of his application at the August 17, 2011 HARB meeting. The C of A from that meeting will be forwarded to the September 6, 2011 City Council meeting for approval.”
 
 
FINAL PASSAGE OF BILLS / RESOLUTIONS

 
Final Passage of Bill No. 33, Ordinance No. 23, Session 2011, (Bill No. 33)(8-10-11 Draft Zoning Ordinance)(Memo w/Additional Amendments)(View Amendments: Res. No. 28 & 80) A Bill amending in its entirety Part 13 of the Codified Ordinances entitled the “City of York Zoning Ordinance and Zoning Map,” which was introduced by Hill-Evans at the October 19, 2010 meeting of Council, as amended by Resolution No.'s 28 and 80 of 2011, came up for final passage. On motion of Hill-Evans, seconded by Nelson, Bill No. 33 came up for discussion. (Note #1: Community Development Committee meetings were held on 01/11/2011, 01/18/2011, 11/25/2011, 02/15/2011 and 03/01/2011. Public Hearings were held on 02/08/2011 and 08/09/2011.)(Note #2: Also see Resolution No. 92 amending the Strategic Comprehensive Plan 2030 to make it consistent with the new Zoning Ordinance/Map.)

 
President Ray stated that she will recommend only three additional small changes to the draft Code, as outlined in the memo dated 08/11/2011 from Andrew Stern (View memo). She said Mr. Stern has addressed all of the points that were raised in our most recent public hearing, and she feels his recommendations are sound. President Ray further stated that Mr. Stern also suggests that all of us -- zoning officer, Planning Commission, Zoning Board, the public -- take good notes for the next six months, keeping track of what things might need to be "tweaked" or clarified in the new zoning code. She said there are almost certainly some glitches that will need to be fixed, but she believes we have a very good product now that has been endorsed by the County Planning Commission and is finally ready for adoption.

 
Motion to amend. A motion was made by Ray, seconded by Nixon, to further amend Bill No. 33 as detailed in the memo dated 08/11/2011 from Andrew Stern, AICP, as follows:
1) Rooming/Boarding House: Page 44, Use table 1.02.003: Eliminate this row from the table as a Rooming House/Boarding House is an accessory use and does not belong under principal uses.
2) Vending Machines: Page 56, Use table 7.18: Eliminate “P” from UN1, CBD, and EC. Replace entire row (RS1 – GW) with “*permitted subjected to section 1304.02(7.18).”
3) Student Homes: Page 210, Section 1311.11(b) add the following sentence to the end of the paragraph:

 
(Note: The issues of laundromats/dry cleaning establishments, street classification map, group homes and appeals of the zoning officer's decisions were topics raised during the final public hearing and are addressed in the Stern memo dated 08/11/2011, although no changes were recommended on these issues.)

 
The motion to amend passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nay – 0.

 
Michael Johnson, Chair, York City Planning Commission, Vice President Hill-Evans, and Councilwoman Smith applauded the efforts of all involved.

 
Michael Helfrich, resident, (spoke during General Public Comment), suggested clarification on vending machines in that existing soda machines currently located at corner grocers might be grandfathered.

 
There being no further discussion, Bill No. 33, Ordinance No. 23, as amended by Resolution No. 28 & 80 of 2011, and the Stern memo dated 08/11/2011, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 92, Session 2011, (View) A Resolution Amending the Strategic Comprehensive Plan 2030 to make it consistent with the new Zoning Ordinance and map, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 92 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Final Passage of Bill No. 24, Ordinance No. 24, Session 2011, (View) A Bill amending the 2011 CDBG budget to reflect changes resulting from actual funding levels allocated for 2011, which was introduced by Hill-Evans at the July 19 meeting of Council, and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nelson, Bill No. 24 came up for discussion.

 
Director Schreiber explained that this allocation is the final allotment from HUD, which will allow staff to finalize the CDBG plan for submission to Council for final approval.

 
There being no further discussion, Bill No. 24, Ordinance No. 24, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.
 

NEW BUSINESS

 
Introduction of Bill No. 25, Session 2011,(View) A Bill amending the 2011 Budget to transfer funds in the amount of $99,116.69 and approve the Special Projects budget for the WRCT PEG Studio, was introduced by Nixon, read by short title and deferred until the September 6 meeting of Council.

 
Resolution No. 93, Session 2011, (View) A Resolution awarding a contract in the amount of $154,000.00 to J.Z. Barton for electrical construction services at 101 S. George St., was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 93 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 94, Session 2011, (View) A Resolution awarding a contract in the amount of $160,800.00 to F.W. Behler for HVAC construction services at 101 S. George St., was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 94 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 95, Session 2011, (View) A Resolution awarding a contract in the amount of $508,500.00 to East Coast Contracting for general construction services at 101 S. George St., was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 95 came up for discussion.

 
President Ray asked if this new bid includes construction of a new Council Chambers. Director Gross said this bid includes construction of a new Council Chambers and moving of existing equipment to 101 S. George St.

There being no further discussion, Resolution No. 95 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 96, Session 2011, (View) A Resolution awarding a contract to Engles & Fahs in the amount of $72,150.00 for electrical construction services at 301 E. Philadelphia St., was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 96 came up for discussion.

 
Director Gross explained that this is basically a HVAC project at the Sylvia Newcombe Center. He said the current tenant, Children's Home of York, has been basically band-aiding this system over the years. He also noted that this is the last project of the community centers upgrade projects.

 
Laurie Anne Spagnola, President, Children's Home of York, reported that the Children's Home of York is the oldest existing child and family centered social service agency in York County. She said they provide comprehensive, accredited, community-based services to stabilize and strengthen children and families in need through programs such as the BRIDGES Partial Hospitalization Program, George Street, STRIVE, and Tindall House. Ms. Spagnola stated that they serve 70 children with 75% of those children being from the City of York.

 
There being no further discussion, Resolution No. 96 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 97, Session 2011, (View) A Resolution awarding a contract in the amount of $190,000.00 to Garden Spot Mechanical for HVAC construction services at 301 E. Philadelphia St., was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 97 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 98, Session 2011, (View) A Resolution awarding a contract to H&H General Excavating in the amount of $144,835.00 for the Blackbridge Road Bridge Replacement Project at the Waste Water Treatment Plant, was introduced by Smith, read at length, and on motion of Smith, seconded by Nelson, Resolution No. 98 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Pulled from agenda. A Resolution authorizing a conditional appointment of employment as a firefighter to Jonathan Spencer contingent upon successful completion of examinations, was pulled from the agenda at the request of Fire Chief Steve Buffington.

 
Resolution No. 99, Session 2011, (View) A Resolution authorizing a budget transfer in the amount of $2,500.00 for City Council to cover expenses associated with legal advertising, was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 99 came up for discussion.

 
The City Clerk said that after she submitted this Resolution, she found that there wasn't enough money in the “Printing/Binding” account to cover this transfer. Therefore, she requested the Resolution be amended to transfer $2,500 from the “Other Professional Services” account into the “Adverting” account. The motion to amend was made by Ray, seconded by Nixon, and passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
There being no further discussion, Resolution No. 99, as amended, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 100, Session 2011,(View) A Resolution authorizing a budget transfer in the amount of $1,000.00 from “Association Dues ($500)” and “Travel ($500)” accounts into the “Litigation Expense” account for the Solicitor's Office for CLE credits for Assistant Solicitor Mark Elion, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 100 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 101, Session 2011, (View) A Resolution authorizing a budget transfer in the amount of $585.97 from the “Single Family Rehab” account to the “Interim Assistance” account for the Bureau of Housing Services for stabilization services, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 101 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 102, Session 2011, (View) A Resolution authorizing a budget transfer in the amount of $44,528.99 from the “Salvation Army” account to the “CPC” account for the Bureau of Housing Services for Homeless prevention services, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 102 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 103, Session 2011, (View) A Resolution authorizing a budget transfer in the amount of $2,000 from the “Printing/Binding” account to “Electrical Supplies” account for the Parking Bureau for electrical supplies for the Philadelphia St. garage, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Smith, Resolution No. 103 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT
 
President Ray and Councilwoman Smith again applauded all efforts involved in preparing and adopting the new City of York Zoning Ordinance and Map. Councilwoman Smith especially thanked President Ray for her hard work and strict attention to detail during the entire process.

 
ADMINISTRATION COMMENT: None

 
NEXT MEETING: The next regular meeting of City Council is scheduled for September 6, 2011 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

 
ADJOURNMENT: There being no further business, the August 16, 2011 meeting of Council adjourned at 7:42 p.m.