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City Council Meeting Minutes

February 15, 2011

 

CALL TO ORDER:City Council convened in a General Committee meeting on February 15, 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 Vice President Hill-Evans presiding.

 
GENERAL PUBLIC COMMENT

 
Sandy Conklin complained of harassment and terroristic threats by neighbors and stated that her rear and side windows have been smashed. Ms. Conklin said between the months of November-February, she called the police 16 times with no resolve. She stated that she has contacted the Police Chief but he hasn't returned any of her calls.

 
Franklin Williams asked that better traffic measures be instituted to forewarn motorists of lane closings and changes in traffic patterns.

 
Steve Young spoke on behalf of Mike Rhine (disabled resident) who relayed that he is having a difficult time maneuvering his wheelchair around town. He suggested a committee, which he is willing to serve, be developed to address inaccessibility issues affecting disabled residents.

 
Michael Helfrich questioned the functionality of the parking meters. He feels they are not working properly and asked if there were any warranties attached to the downtown parking meters. He said the parking meter situation is negatively impacting visitors and serves as a huge deterrent for people wishing to visit downtown York. Next, Mr. Helfrich announced the next Codorus Creek clean-up initiative which will be held April 15-23, and the Go Green initiative which will take place April 23. For more information call (717) 779-7915 or email: lowersusriver@hotmail.com or visit them on the web at: www.lowersusquehannariverkeeper.com

 
Steve Young spoke about a recent police log entry about a BB gun. He said they are completely banned and are not covered under the UFA act. Next, Mr. Young asked why police officers are present at Council meetings. He said there is nothing in the city's policy about police presence at the Council meetings. He also applauded the work being done by our local firefighters.

 
There being no further public comment, Vice President Hill-Evans 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: Kevin Schreiber, Director of Economic Development/Acting Director of Community Development, David Michaels, Deputy Fire Chief, and Michael O’Rourke, Business Administrator. Also present was Don Hoyt, Assistant Solicitor.

 
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 February 1, 2011 and unanimously approved them as written.

 
Correspondence and Announcements: Correspondence and announcements were read.
 
PRESENTATIONS: None

 
COMMITTEE MEETINGS SCHEDULED: None

 
STATUS OF PRIOR COMMITTEE REFERRALS

 
Public Hearing: City Council held a public hearing on Tuesday, February 8, 2011 at 6:00 p.m. in Council Chambers to discuss and receive testimony on the Zoning Ordinance and Map re-write. Additional proposed amendments were addressed and the legislation will be referred back to city staff/consultant for further revision in preparation of final review by the York County Planning Commission. This legislation will not appear on tonight's agenda for consideration of final passage as originally anticipated but will be considered for final passage at a later date, which has yet to be determined.

 
Community Development Committee, Carol Hill-Evans, Chair: Meeting held at 6:00 p.m. on Tuesday, February 15, 2011 in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to discuss final amendments to the Zoning Ordinance and Map re-write. Council will present a Resolution this evening to consider adoption of further revisions, which will then be sent back to the York County Planning Commission for final review.
 
 
LAND DEVELOPMENT / SUBDIVISION / HARB 
 
Resolution No. 22, Session 2011,(View) A Resolution approving the final subdivision plan submitted by Charter School Development Corporation to subdivide a single lot into 2 parcels for construction at 1150 Fairlane Dr., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 22 came up for discussion.

 
Stacey MacNeal, project legal counsel, and representatives from Site Design, were present to answer questions. The subdivision plan proposes to subdivide a single lot into two parcels to allow for construction of a 31,737 sq. ft. middle school. Ms. MacNeal stated that this is tax exempt land, which previously housed state police offices.

 
President Ray asked who actually presented the subdivision plan for approval. Ms. MacNeal explained that Adams-Hanover Counseling Services currently owns the property but they will transfer the land to Lincoln Charter Middle School after the subdivision process is completed. President Ray suggested that the Resolution be amended to reflect true ownership and therefore made a motion to amend the Resolution to change “Charter School Development Corporation” to “Adams-Hanover Counseling Services.“ The motion to amend was seconded by Hill-Evans and passed unanimously.

 
There being no further discussion, Resolution No. 22, as amended, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 23, Session 2011, (View) A Resolution approving the final land development plan submitted by Charter School Development Corporation for construction of a middle school at 1150 Fairlane Dr., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 23 came up for discussion.

 
Bob Sandmeyer, Site Design, outlined the project. He said the plan involves construction of a 31,737 sq. ft. middle school at 1150 Fairlane Dr. that will serve grades 5-8. He said they expect approximately 700 students and 80 faculty. For safety reasons, there will be no exit onto Roosevelt Ave. and adequate accessibility for buses will be made available. He did say they addressed residents', staff, and fire department concerns.

 
Councilwoman Smith stated that she is concerned about the placement of stop signs.

 
Tom Austin, project representative, explained traffic measures. He said this project boasts of high visibility intersections. He said representatives worked hand-in-hand with the city's traffic safety committee to ensure appropriate on-site and off-site traffic safety measures. Mr. Austin assured Council that they are working to ensure safe passageways for pedestrians and motorists. He said they will follow-up with a traffic safety study after measures are put into place to be sure they are working.

 
Stacey MacNeal, project legal counsel, relayed that school representatives want residents to know they want to be a good neighbor and will work diligently with neighbors to resolve any concerns.

 
Discussion ensued on the project details such as building specifications, traffic, landscaping, and on-site safety personnel.

 
Michael Helfrich, resident, asked if there will be any “green” components. Mr. Sandmeyer answered that one green-like component is that they will be controlling stormwater by installing clay lined basins that will prevent sink holes. Also, street trees and water absorption mechanisms such as sand and plants will be installed.

 
As in the subdivision plan, President Ray asked who actually presented this land development plan for approval. Ms. MacNeal responded that Lincoln Charter Middle School is actually the applicant and that Charter School Development Corporation is the financing agency. President Ray requested that the Resolution be amended to change the applicant from “Charter School Development Corporation” to “Lincoln Charter Middle School.” The motion to amend was seconded by Hill-Evans and passed unanimously.

 
There being no further discussion, Resolution No. 23, as amended, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 24, Session 2011, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Jim Gross, Director of Public Works, for work to be done at 368 W. Princess St., was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 24 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
FINAL PASSAGE OF BILLS / RESOLUTIONS

 
Final Passage of Bill No. 2, Ordinance No. 2, Session 2011,(View) A Bill amending the 2011 CDBG/HOME Budgets to reflect changes resulting from actual funding levels rolled over from 2010, which was introduced by Hill-Evans at the February 1 meeting of Council, and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nelson, Bill No. 2, Ordinance No. 2, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Final Passage of Bill No. 3, Ordinance No. 3, Session 2011, (View) A Bill amending the 2011 Budget in the amount of $80,805 for a grant received from the Bureau of Justice to be used to enhance law enforcement operations, which was introduced by Nelson at the February 1 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Hill-Evans, Bill No. 3, Ordinance No. 3, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Final Passage of Bill No. 4, Ordinance No. 4, Session 2011, (View) A Bill amending Articles 121.02 and 123.09 of the Codified Ordinances to combine the Departments of Economic and Community Development, which was introduced by Ray at the February 1 meeting of Council and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 4, Ordinance No. 4, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
NEW BUSINESS

 
Introduction of Bill No. 5, Session 2011,(View) A Bill amending Article 1763 “Property Maintenance Code” to include furniture and add exceptions to bedroom & water closet accessibility, heat supply and occupiable work spaces, was introduced by Nelson, read by short title, and deferred until the March 1 meeting of Council.

 
Resolution No. 25, Session 2011, A Resolution appointing Rami C. Kennedy to fill a vacancy on the York Business Improvement District Authority (Downtown Inc.) to serve until December 31, 2015; and appointing Stephen R. Lazun to fill the unexpired term of Greg Vojtanek on the York Business Improvement District Authority (Downtown Inc.) to serve until January 1, 2015, was introduced by Ray, read at length, and on motion of Ray, seconded by Nixon, Resolution No. 25 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 26, Session 2011, (View) A Resolution authorizing the purchase of a vehicle exhaust extraction system to be installed at Fire Station No. 2 located at 267 W. Market St., through a Costars state contract for a total cost of $59,700 with the vendor for said purchase being Air Cleaning Systems, Inc., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 26 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 27, Session 2011, (View) A Resolution authorizing the York City Human Relations Commission to sell various sundry items of personal property through public auction, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 27 came up for discussion.

 
Business Administrator O'Rourke said he is not familiar with the list attached but he has been informed that since they moved to a new location, they don't have room for some of their furniture and this auction will help them adjust to that move.

 
President Ray asked if the money raised from the auction will be put back into the budget. Administrator O'Rourke responded that he believes it would be placed back into the budget.

 
Vice President Hill-Evans asked who will control these funds. Administrator O'Rourke stated that this is a rather complex process. Since the HRC is still using the city's disbursement system, the money should go back into the city's account for disbursement to the HRC. The HRC will then have to figure out whether the money has to go back into the CDBG account.

 
Steve Young, resident, asked if the city could buy back these items. President Ray said the city is able to bid on this merchandise.

 
There being no further discussion, Resolution No. 27 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Waive Rule 215. A motion to waive Rule 215 to considered a supplemental agenda item was made by Ray, seconded by Hill-Evans, and passed unanimously. Therefore, Resolution No. 28 was introduced as follows:

 
Resolution No. 28, Session 2011 (Supplemental Item), (View) A Resolution amending Bill No. 33 of Session 2010 by requesting the city's administration and consultants to incorporate amendments identified in Exhibit A into the final draft of the City of York Zoning Ordinance and Map and to make appropriate amendments to the City's Strategic Comprehensive Plan to ensure consistency between the comp plan and the zoning ordinance, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 28 came up for discussion.

 
President Ray explained that Exhibit A lists a number of recommended changes. She said some have actual language suggested, and others are simply statements of Council’s intent, to guide the consulting team’s revision process. President Ray further stated that most of the suggested changes have already been presented to Council and the Administration via her memo dated February 8, 2011. She said other changes have been suggested by the Alliance of Neighborhood Associations, other participating stakeholder groups, or members of the City Planning Commission, which she endorsed the so-called “compromise” plan, which includes changing the 200 block of East Market Street from UN-1 to UN-2. Lastly, fences are covered as the last item in the attached recommendations.

 
Michael Miller, President of the Alliance of Neighborhood Associations (ANA), discussed temporary signs and clarification on the ANA's concerns and recommendations.

 
Councilman Nixon said he doesn't plan to endorse or approve unenforceable laws so we need to ensure these laws enforceable.

 
Councilwoman Nelson spoke in favor of tattoo parlors, which President Ray confirmed will be allowed to operate in the city.

 
Michael Helfrich, resident, said nail salons that emit noxious fumes should not be allowed in residential neighborhoods.

 
Council then discussed, at length, the recommended revisions and briefly debated several points, specifically recommendations for residential fences.

 
Sara Rinecker, resident, asked that the Administration incorporate language that signs not be made in banner-type or canvas material. President Ray said she would ask the city's consultants to comment on that concern.

 
Michael Helfrich, resident, said he just noticed that his property, located in King Park, is zoned a “park” and wanted to know if he could still live in his property. Director Schreiber said he could as this was a pre-existing use.

 
Ben Moylan, President, Springdale Neighborhood Association, made a suggestion that Council consider defining district types for installation of fences in the new zoning code. He then thanked Council for taking into consideration the recommendations made by the various neighborhood associations.

 
There being no further discussion, Resolution No. 28 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
REQUESTS FOR FUTURE MEETINGS: None
 
COUNCIL COMMENT: None
 
ADMINISTRATION COMMENT: None

 
NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, March 1, 2011at 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 February 15, 2011 meeting of Council adjourned at 8:47 p.m