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City Council Meeting Minutes

November 19, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on October 19, 2010 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

Michael Miller, Alliance of Neighborhood Associations (ANA), expressed concerns on behalf of the ANA about the proposed Zoning Ordinance to be introduced this evening (See Bill No. 33). He stated that the York City Planning Commission refused to change the draft Zoning Ordinance to bring it in compliance with the Comprehensive Plan 2030. He said the Planning Commission reneged on its compromise with the ANA and other neighborhood groups regarding the definitions of the new, experimental “UN” – Urban Neighborhood and “MUI” - Mixed Use Institutional land use categories.

Mr. Miller said a compromise reached in 2009 was completely canceled out by a vote taken by the

Planning Commission at its August 23 meeting. The compromise was originally reached in order to have the Comp Plan relate to current uses and trends in the current RO and RM districts that the UN and MUI were replacing. Members of the ANA asked to meet with Council members individually to further discuss this issue.

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 Development/Acting Director of 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 October 5, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements, including the following: (1) Council met in Executive Session in the Council Caucus Room, 1 Marketway West, 3rd Floor, York, PA, on Thursday, October 7, 2010 at 11:30 a.m. to discuss a personnel matter; and (2) the next York City Council meeting will be held on Wednesday, November 3, 2010 as Council will observe Election Day on Tuesday, November 2nd.

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED: None

STATUS OF PRIOR COMMITTEE REFERRALS

General Committee Meeting, Genevieve H. Ray, Chair: Council met in a General Committee meeting on Tuesday, October 12, 2010 at 6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to discuss Capital Improvements Projects and financial impacts.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 124, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to Vanessa DeLisio for work to be done at 100 S. Beaver St., and York Habitat for Humanity for work to be done at 351, 355 and 357 E. Poplar St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 124 came up for discussion.

Vanessa DeLisio and Jen Schreiber outlined work to be done at 100 S. Beaver St., The Green Bean Roasting Company, and Steve Munchel and Gary Jones outlined work to be done by Habitat for Humanity at 351, 355 and 357 E. Poplar St.

Joan Burgasser, Historic York, discussed the demolition to be done by Habitat for Humanity and said HARB does not take demolition lightly; however, it was proven to the Board that the structures in their current condition were unsafe. She did say Habitat for Humanity will have to come back to HARB with drawings of the new houses they plan to construct.

There being no further discussion, Resolution No. 124 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS: None

NEW BUSINESS

Introduction of Bill No. 32, Session 2010, (View) A Bill amending the 2010 Budget in the amount of $17,834.00 for a JAG grant received to cover police overtime details, was introduced by Nelson, read by short title, and deferred until the November 3 meeting of Council.

Introduction of Bill No. 33`, Session 2010, (View) A Bill amending in its entirety, Part 13 of the Codified Ordinances, entitled the “City of York Zoning Ordinance and Zoning Map”, was introduced by Hill-Evans, read by short title, and referred to the Community Development Committee for further discussion. (Meeting date to be determined.)

Resolution No. 125, Session 2010, (View) A Resolution amending the Strategic Comprehensive Plan 2030 (Res. 138 of 2009) to make it consistent with the draft Zoning Ordinance amendment, was introduced by Hill-Evans, read in brief, and referred to the Community Development Committee for further discussion. (Meeting date to be determined.)

Resolution No. 126, Session 2010, (View) A Resolution authorizing an encroachment agreement with Thomas P. Sibol, 48 N. Beaver St. (White Rose Bar & Grill), for a permanent seating area along W. Philadelphia St. within the improved sidewalk area adjacent to the building line of the same, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 126 came up for discussion.

Joe Musso, Musso Land Development Services, and Jeremiah Anderson, Manager of the White Rose Bar and Grill, were onboard and outlined the project. Mr. Musso presented Council with a larger scale plan detailing the project area. He said the owner, Tom Sibol, plans to install a permanent outdoor, raised seating area along the W. Philadelphia St. side of the building line. He said they will also be presenting this plan to HARB tomorrow night for approval.

President Ray asked if the Solicitor's Office has reviewed this agreement. Assistant Solicitor Hoyt said the agreement appears to incorporate standard language. President Ray then said it's not clear whether 5 ft. of pedestrian passageway is being made available. Mr. Musso pointed out the encroachment area which showed that the project falls within the authorized parameters. Additionally, he explained that the agreement specifically stipulates that the encroachment shall not extend further than shown on the plan.

There being no further discussion, Resolution No. 126 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 127, Session 2010, (View) A Resolution authorizing the filing of a proposal for funds with DCED in the amount of $1,500,000.00 through the Alternative & Clean Energy Loan Program for the Micro-turbine Co-generation System Project at the WWTP, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 127 came up for discussion.

J. T. Hand, Chairman of the York City Sewer Authority (YCSA), outlined what he described as an exciting 60 days for the YCSA. He said they have received refinancing approval for a major project, participated in a ribbon cutting ceremony for the new Nutrient Recovery facility, started work on Poorhouse Run, and now seek approval to move forward with a $1.5 million loan application to begin the Micro-turbine Co-generation System Project at the Waste Water Treatment Plant.

Mr. Hand stated that the YCSA is committed to both replacing the existing system and to reducing operating costs with an energy efficient, micro-turbine co-generation system. This project would replace the current functionally obsolete co-generation system with a more efficient micro-turbine co-generation system. With operating expenses for electricity and natural gas costs currently demanding 13% of the waste water treatment plant's total operating expenses, the proposed micro-turbine co-generation system will generate approximately 2,500,000 kilowatt hours of electricity with a cost savings of nearly $300,000.00 annually.

Unfortunately, the YCSA's grant application, which was approved by Council on August 17, 2010 (Res. 100), was denied because it did not meet the requirements for the grant. Fortunately, Mr. Hand explained, the Sewer Authority was able to find a 1.0% low interest loan through DCED's Alternative and Clean Energy Program. Approval of this Resolution would authorize the YCSA to apply for loan funds through DCED in the amount of $1,500,000.00 for this project.

There being no further discussion, Resolution No. 127 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 128, Session 2010, (View) A Resolution authorizing a budget transfer for Public Works in the amount of $163,750.00 for electric expenses, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 128 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays -0.

Resolution No. 129, Session 2010, (View) A Resolution authorizing a budget transfer for the Bureau of Permits, Planning & Zoning in the amount of $86,500.00 for other professional services and architectural, engineering and consultant services, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 129 came up for discussion.

Director Schreiber explained that this transfer will cover payment to Historic York for consulting services and Veritas (formally Guardian Inspection) for contracted plan review services, both of which were under-budgeted by the previous director. He said they were able meet this shortfall by transferring money from the “salaries” line item which had available funds as a result vacant positions not being filled this year.

There being no further discussion, Resolution No. 129 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays -0.

Resolution No. 130, Session 2010, (View) A Resolution reducing the Guarantee Agreement with Ohio Blenders from $1,750,00.00 to $550,000.00 for the property acquired by the RDA as part of the Northwest Triangle Project located between N. Beaver St. and N. Pershing Ave., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 130 came up for discussion.
Director Schreiber described a very storied past between the property owner and the City of York. He said this was the one property they couldn't reach an agreement on and the RDA eventually acquired the land through eminent domain, which was later appealed by the owner. Director Schreiber stated that several offers were made and an agreement has finally been reached. As a result, the city is now able to reduce its surety bond to $550,000.00 which will allow us to move forward with settling this agreement.

There being no further discussion, Resolution No. 130 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT

Councilwomen Hill-Evans and Smith paid condolences and asked for prayers for the fire victims in Harrisburg, PA, that claimed the lives of four children and one adult.

Councilwoman Smith relayed to Public Works Director Gross that Council and the City Clerk request a tour of 101 S. George St. (property currently under review for purchase as the new City Hall)

Councilman Nixon asked that when contacting him, residents are asked to leave their contact information so that he may respond.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Wednesday, November 3, 2010 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA. (Note: The next York City Council meeting will be held on Wednesday, November 3, 2010 as Council will observe Election Day on Tuesday, November 2nd.)

ADJOURNMENT: There being no further business, the October 19, 2010 meeting of Council adjourned at 8:15 p.m.