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City Council Meeting Minutes

July 16, 2013

Signed Resolutions
Signed Bills

CALL TO ORDER: City Council convened in a General Committee meeting on July 16, 2013 at 6:30 p.m. in Council Chambers, 101 S. George St., York, PA, to receive general public comment, with the following Council members present: David Satterlee, Michael Ray Helfrich, Renee S. Nelson, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding.

GENERAL PUBLIC COMMENT

Franklin Williams, York, PA, said he use to be able to contact the City Police Department at 846-1234 to report matters of serious concern that weren’t necessarily worthy of a 9-1-1 call. He asked if there is an alternate number to use to report non-emergency calls.

There being no further public comment, President Hill-Evans adjourned the General Committee meeting and convened in Legislative Session at 7:00 p.m., in Council Chambers, 101 S. George St., York, PA, with the following members present: David Satterlee, Michael Ray Helfrich, Renee S. Nelson, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Shilvosky Buffaloe, Acting Director of Economic Development, Tammy Harvey-Bethea, Bureau of Housing Services, and Assistant Solicitor Don Hoyt.

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

Pledge of Allegiance: The Pledge of Allegiance was recited.

Approval of Minutes: Council dispensed with the reading of the Minutes of June 4, 2013 and unanimously approved them as written.

Correspondence and Announcements: President Hill-Evans read the following announcements:

Public Hearing Notice (Hearing Agenda)
York City Council held a public hearing on Tuesday, July 16, 2013 at 10:00 a.m. in City Council Chambers, 101 S. George St., York, PA, for the purpose of receiving testimony concerning the application filed with the PA Liquor Control Board by Vintage Companies, LLC/ta Vintage Wine Bar, for an economic development liquor license for the purpose of establishing a wine bar at 2 W. Market St., York, PA. City Council plans to vote on the legislation tonight.

Summer Recess
Council will reconvene its summer recess after tonight’s meeting. Therefore, Council’s next legislative session is scheduled for August 20, 2013 at 7:00 p.m. in Council Chambers. (Public comment beings at 6:30 p.m.) The first committee meeting after Council’s recess is scheduled for September 25, 2013 at 6:00 p.m. in Council Chambers.

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED: None

STATUS OF PRIOR COMMITTEE REFERRALS: No reports.

SPECIAL AGENDA

Resolution No. 37, Session 2013, (View) A Resolution approving an economic development liquor license submitted by Vintage Companies, LLC t/a Vintage Wine Bar for a wine bar/restaurant at 2 W. Market St., York, PA, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 37 came up for discussion.

Note: City Council held a public hearing today at 10:00 a.m. in Council Chambers for the purpose of receiving testimony concerning the application filed with the PA Liquor Control Board by Vintage Companies, LLC, trading as Vintage Wine Bar, for an economic development liquor license for the purpose of establishing a wine bar/restaurant at 2 W. Market St., York, PA. (Read info sheet)

An economic development liquor license is a restaurant or eating place retail dispenser license which may be issued, even if the number of existing restaurant and eating place retail dispenser licenses in said county exceeds the ratio of one (1) license per 3,000 inhabitants. The purpose of an economic development license is to promote economic development; however, the city is limited to issuing no more than two such licenses each calendar year.

Council will take into consideration all evidence and testimony received to help determine whether issuance of such a license would promote economic development in the City of York or will adversely affect the welfare, health, peace and morals of the city or its residents.

Council plans to vote on this legislation tonight, however, if Council is not satisfied with evidence presented, the vote on this request will be postponed and a special meeting (to occur on or before August 12th) will be convened for the purpose of approving or denying the request.

Toni Calderone, Tony Calderone (the “applicants”) and Attorney John Senft were in attendance to answer questions.

Attorney Senft explained that the applicants have been planning this business venture for several years. He said the Calderone’s have vast experience and want to use that experience to help draw patrons to downtown York. He explained that the southwest corner of the square has been vacant for many years and was the former location of the Maple Donuts shop. Attorney Senft said his clients believe that opening up a wine bar would draw interest and possibly promote further business ventures in and around the City of York.

Toni Calderone, applicant, stated that they are in the process of opening Vintage Wine Bar, which will be located in the center of York’s Continental Square at 2 W. Market St. and as such is requesting approval from City Council of an Economic Redevelopment Liquor License. The following letter was submitted by Vintage Wine Company:

“Vintage Wine Bar will bring a fresh, unique concept to the downtown district. We will be providing an elegant and casually sophisticated atmosphere. We will have the latest technical innovations employed in the industry, including automatic wine dispensers. These machines allow patrons to pay for small samples or full glasses, which are dispensed through automatic pourers. This cutting edge technology is very popular and successful in other cities. The machines are activated through debit cards purchased through the bar staff, so that we are able to monitor patron consumption. In addition to wine, we will also have a fully stocked bar and a variety of non-alcoholic beverages.

We will offer a menu of sandwiches, salads, small plates, flatbreads and cheese plates to accompany our wine tasting experience. Our hours will be Monday through Saturday, and we will serve food at lunch time and during the evening hours. Our location on the square will allow us to serve as a hub for individuals looking for a nice evening out and for local business people seeking a pleasant lunchtime environment.

We expect to hire a kitchen and bar staff, which will bring 15 new jobs downtown. In addition, this property has been vacant for several years. By placing a vibrant new business in the square, we will generate revenues not only for ourselves, but for other businesses nearby. We are in close proximity to the Strand, Revolution Stadium and other retailers, bars and restaurants. We are planning a valet service to allow patrons easy access to parking; this would allow our restaurant and the historic square to serve as a convenient starting and ending point for individuals to enjoy an evening in York City.

We intend to take advantage of the cost savings associated with an economic development license by making additional investments in capital improvements, promotion, marketing, staffing, and similar efforts designed to ensure the success of our venture.”

Council asked additional questions of the applicants regarding issuance of the license, fees, license renewal, sales, etc., which were answered by the Calderone’s and Attorney Senft.

There being no further questions, Resolution No. 37 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.


SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 38, Session 2013, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to Frank Herring for work to be done at 38 N. Duke St., Anguedita Rodriguez for work to be done at 41 Columbia Ave., and Vincenzo Butera for work to be done at 313 E. Market St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Helfrich, Resolution No. 38 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 39, Session 2013, (View) A Resolution approving the final land development plan submitted by York College to construct a 65 ft. high, 5-story dorm and stormwater structures at 401 W. Jackson St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 39 came up for discussion.

Neil Metzger, LSC Design and Dr. Dean Martin, York College, were both in attendance to answer questions.

Dr. Martin explained that this project will be an addition to an already existing building.

Vice President Nixon asked about parking. Neil Metzger responded that parking will mainly be in Spring Garden Township and will adequately suffice the campus’ needs. He said the existing dorm has about 275 students with the new structure adding approximately 204 more students. He said a satellite lot will be made available offering additional parking spaces.

Councilman Helfrich asked about the stormwater portion of the project. Mr. Metzger explained that the stormwater flow was assessed and there is a basin to cater additional runoff. In addition, there are two retention ponds.

There being no further discussion, Resolution No. 39 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 40, Session 2013, (View) A Resolution approving the final land development plan submitted by York Academy Regional Charter School to construct a 2-story building at 32 W. North St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 40 came up for discussion.

David Koratich, LSC Design, explained that York Academy is looking to expand its facility to 8th grade. The project will include demolishing about 10,000 sq. ft. of the existing facility and construct a 12,000 sq. ft. addition. He said HARB approval was granted.

Acting Director of Economic Development, Shilvosky Buffaloe, said the former Resource York facility located on the corner of North St. and Cherry Lane is what is slated for demolition.

Jim Gross, Director of Public Works, informed Council that the York City Traffic Safety Committee is concerned about this project because of the existing issue of kids running across the street. He said this is a very congested area and now they are adding more students.

A lengthy discussion ensued on pedestrian and vehicular traffic including congestion and the dangers to children and parents as students are being picked up and dropped off.

Councilman Helfrich suggested tabling this Resolution until recommendations can be made by the Traffic Safety Committee.

Mr. Koratich said the York Academy is willing work with city officials to establish conditions and traffic safety measures.

Director Gross noted that point number 4 of the Resolution reads that the plan’s approval is conditioned upon any additional departmental concerns so there is a condition attached to this project which would allow for recommendations of the Traffic Safety Committee.

Various unresolved traffic concerns were discussed. Assistant Solicitor Hoyt suggested amending point number 4 of the Resolution to include that the project completion is conditioned upon approval of a traffic safety plan by the Traffic Safety Committee.

Motion to amend: On recommendation of Assistant Solicitor Hoyt, a motion was made by Hill-Evans, seconded by Nixon, to amend point number 4 of the Resolution to read as follows: 4) “Conditioned on any additional departmental comments and approval of a traffic safety plan by the city Traffic Safety Committee.” The motion to amend passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Therefore, Resolution No. 40, as amended, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 41, Session 2013, (View) A Resolution approving the final reverse subdivision plan submitted by the City of York to combine three lots into one at Memorial Park at the corner of Boundary Ave. and Edgar St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 41 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 5, Ordinance No. 4, Session 2013, (View) A Bill approving an Intergovernmental Cooperation Agreement for law enforcement services by and between the City of York, Spring Garden Twp., and the York City School District, to authorize the City of York Police Department to assume primary jurisdiction for police services to be rendered at Phineas Davis Elementary School, 300 S. Ogontz St., York, PA, which was introduced by Nixon at the June 4 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Satterlee, Bill No. 5, Ordinance No. 4, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Final Passage of Bill No. 6, Ordinance No. 5, Session 2013, (View) A Bill amending the 2013 budget for the Department of Public Works to appropriate revenue and expenditures in the amount of $252,288.00 for a PA DEP Recycling Grant, which was introduced by Satterlee at the June 4 meeting of Council and read by short title, came up for final passage. On motion of Satterlee, seconded by Helfrich, Bill No. 6, Ordinance No. 5, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Final Passage of Bill No. 7, Ordinance No. 6, Session 2013, (View) A Bill amending the 2013 budget to appropriate revenue and expenditures in the amount of $179,200.00 for a PennDot Automated Red Light Enforcement Grant, which was introduced by Satterlee at the June 4 meeting of Council and read by short title, came up for final passage. On motion of Satterlee, seconded by Helfrich, Bill No. 7, Ordinance No. 6, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.


NEW BUSINESS

Introduction of Bill No. 8, Session 2013, (View) A Bill vacating a portion of Sampson Ave., was introduced by Nelson, read by short title, and deferred until the August 20 meeting of Council. Note: Street vacations must be advertised for three consecutive weeks. Therefore, this Bill will appear on Council’s August 20th agenda for consideration of passage.

Introduction of Bill No. 9, Session 2013, (View) A Bill amending the 2013 CDBG/HOME budgets to reflect changes resulting from actual funding received, was introduced by Nelson, read by short title, and deferred until the August 20 meeting of Council.

Introduction of Bill No. 10, Session 2013, (View) A Bill amending the 2013 Budget for PHFA rental Rehab Permits/Clean & Seal Program to reflect a rollover in the amount of $73,000.00, was introduced by Nelson, read by short title, and deferred until the August 20 meeting of Council.

Introduction of Bill No. 11, Session 2013, (View) A Bill amending the 2013 Budget to appropriate additional revenue and expenditures in the amount of $50,750.00 for a Health Bureau-Safe and Healthy Communities grant, was introduced by Nelson, read by short title, and deferred until the August 20 meeting of Council.

Resolution No. 42, Session 2013, (View) A Resolution reappointing Carmen Bones to the York City Police Civil Service Board with a term to expire June 17, 2017 and appointing Ronald Friend to the York Business Improvement District Authority (Downtown Inc) with a term to expire December 31, 2015, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 42 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 43, Session 2013, (View) A Resolution authorizing an agreement with PennDot for an Automated Red Light Enforcement Project Funding Grant in the amount of $179,200.00, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nixon, Resolution No. 43 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 44, Session 2013, (View) A Resolution authorizing an agreement with T.M.Fitzgerald & Assoc. for the purchase of 12,000, thirty-two gallon recycle bins through the PA CoStars program for the total amount of $150,000.00 ($12.50 per unit), was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nixon, Resolution No. 44 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 45, Session 2013, (View) A Resolution authorizing an agreement with Busch Systems International, Inc. for the purchase of 5,500, twenty-five gallon recycle bins through the PA CoStars program for the total amount of $53,735.00 ($9.77 per unit), was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nixon, Resolution No. 45 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 46, Session 2013, (View) A Resolution authorizing a conditional letter of employment as a Probationary Firefighter for Anthony Jones effective August 26, 2013, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, Resolution No. 46 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 47, Session 2013, (View) A Resolution authorizing a budget transfer in the amount of $5,000.00 from RDA Disposition to Stabilization, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 47 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

Resolution No. 48, Session 2013, (View) A Resolution authorizing a cooperation agreement between the City of York and the RDA for the purpose of obtaining Keystone Communities Funding assistance through a DCED application for the Gus’ Tavern Reuse Project, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 48 came up for discussion.

Director Buffaloe explained that it is the RDA’s intent to apply for financial assistance with DCED through the Keystone Communities Funding program in the amount of $250,000.00 to support the Gus’ Tavern Reuse Project wherein they plan to redevelop this former nuisance bar into a mixed-use building residential and commercial facility. He said the city will look to designate $250,000.00 from the CDBG program as the local matching share. There are no taxpayer dollars involved. They hope to redevelop this parcel into apartments on the upper floors with commercial space on the first floor. In addition, inclusion of a community policy station is being proposed as part of the project.

Councilman Helfrich asked who would own the property in the end and who would recuperate the rent. Director Buffalo said we prefer not to be in the forefront of the process but would like to create a limited partnership with all entities involved to make it a legal and democratic process. He said there are several other groups that have contributed to this project through monetary and in-kind donations. So they would like to create a stand alone operable business where the RDA and the other partners could provide input and feedback but not necessarily be at the forefront of the operations and management of the facility.

Councilman Helfrich asked if they looked at demolishing the property and redeveloping it in its entirety. Director Buffaloe stated that he was the lone voice in exploring that option, but this option was determined to be the best use for this project because they don’t want to end up with a big gaping hole in the middle of the block.

There being no further discussion, Resolution No. 48 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None


COUNCIL COMMENT

Councilman Satterlee said he attended a PA Municipal League Conference in June and the issue of pension reform was discussed. He said it was an exciting discussion and some interesting ideas came out the meeting and that he and Business Administrator O’Rourke are working on presenting some ideas to Council in the near future.

Councilman Helfrich said he received complaints from citizens about fireworks and firecrackers being set off in various neighborhoods by private residents. He said spoke to the police on duty that night and was told that with everything going on, fireworks were not a priority during the 4th of July activities. He said that he will look into drafting stricter legislation to address this issue because it’s a huge danger and it’s against the law for private residents to set off fireworks.

Next, Councilman Helfrich said businesses are placing advertising signs on the sidewalk and encroaching within the public right-of-way. As such, people in wheelchairs and those pushing strollers are having a hard time maneuvering around some signs because there isn’t enough passable sidewalk. He warned that if businesses don’t accommodate our laws with regard to the public right-of-way, he would look to amend the law to make sure specific regulations and accommodations are made.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for August 20, 2013 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 101 S. George St., York, PA.

ADJOURNMENT: There being no further business, the July 16, 2013 meeting of Council adjourned at 8:46 p.m.