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City Council Meeting Minutes

September 7, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, September 7, 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, Toni Smith, and Genevieve H. Ray, President, with President Ray presiding.

GENERAL PUBLIC COMMENT

Michael Miller and Joan Burgasser, representing The Alliance of Neighborhood Associations (ANA), presented Council with a letter explaining that the York City 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 23rd 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 discuss this issue. (Read ANA Letter)

Steve Young discussed a vigil held to put a stop to violence. He said he wanted to post information about the vigil on the police department's Facebook page but found that some people have either been blocked from posting or the opportunity to post was completely removed. He asked City Council to investigate because the police Facebook page is a great way for residents to share community events, such as the vigil, and other information.

Manuel Gomez called for a police committee meeting to discuss the police department's censorship of its Facebook page. He said he was told he is the reason for the censorship. He said there doesn't seem to be a clear policy in place about the Facebook page and because of that, the police just shut out the community.

Charlotte Bergdoll read, in part, a letter received from Police Chief Wes Kahley assessing points under the city's Nuisance Abatement ordinance to a property owned by Cherry Lane Realty located in the 100 block of S. Pine St. The violation was for failure to remove snow and ice (PMC §302.3.1). She said the snow occurred in February but the violation letter wasn't issued until July. She said the lack of time limits under the ordinance leads to confusion as to when the points will take effect and how long the points will remain on the record. Ms. Bergdoll said her concern is that if the property is turned over to a new tenant, she may not be disclosing the imposition of points to the new tenant because of the lack of timely notice from the police department. She asked Council to look into the notification portion of the Nuisance Abatement ordinance.

There being no further public comment, President Ray adjourned the General Committee meeting and reconvened in Legislative Session at 7:05 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Renee S. Nelson, Toni Smith, 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 and Steve Buffington, Fire Chief. Also present was Lt. Russell Tschopp, Police Department.

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 August 17, 2010 and approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements.

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED:

Business Administration Committee, Councilman Henry Hay Nixon, Chair: Meeting scheduled for Tuesday, October 5, 2010 at 6:00 p.m. in Council Chambers to hear information on Act 205 Distress Scores. (Scores)


STATUS OF PRIOR COMMITTEE REFERRALS:


Bill No. 21: Amending Article 185.10 "Human Relations Commission; Powers and Duties" of the Codified Ordinances to decrease membership composition and amend attorney and employee provisions. The Bill was introduced at Council's July 20, 2010 meeting and referred to the Rules & Administrative Code Committee. The Committee met on July 27, 2010 at 6:30 p.m. and heard from members of the Administration and Human Relations Commission arguments for and against the legislation. Council voted to keep the legislation in committee until further notice.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 103, Session 2010, (View) A Resolution approving a reverse subdivision plan submitted by Royal Farms to consolidate two parcels into one at 1170 Loucks Rd.; and

Resolution No. 104, Session 2010, (View)A Resolution approving a land development plan submitted by Royal Farms to develop said property for use as a convenience store with gas pumps and car wash at 1170 Loucks Rd.

Resolution No.'s 103 and 104 were introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, both Resolutions came up for discussion.

Motion to amend. A motion was made by Ray, seconded by Nelson, to:

Amend Resolution No. 103, the first WHEREAS clause, to change two (2) parcels to three (3); and

Amend the fourth WHEREAS clause of Resolution No. 104 to add a 6th contingency as follows:


6. The establishment of an agreement between Royal Farms and the City (a) regarding the City's serving as the permittee for that portion of the storm sewer that will be located within the State's right-of-way, and (b) including a plan for perpetual maintenance of the storm sewer, such plan being cost-neutral to the City.; and

Amend the “NOW THEREFORE, BE IT RESOLVED” clause of Resolution No. 104 to change the applicants name from “Tooling Dynamics” to “Royal Farms”.

Councilwoman Ray asked Royal Farms representatives Brian Engle and Seth Shaffer if they had any concerns or issues with the proposed amendments. Both said they had none.
Therefore, the motion to amend Resolution No.'s 103 and 104 passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Brian Engle and Seth Shaffer, Rettew Associations, outlined the project. Royal Farms is proposing to consolidate three (3) parcels into one and create an access easement between the Royal Farms site and the adjacent Kia Motors property and will then turn the property into a convenience store with gas pumps and a car wash.

There being no further discussion, Resolution No.'s 103 and 104, as amended, passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Resolution No. 105, Session 2010, (View) A Resolution approving the land development plan submitted by Nickson Oyer to construct a probation/parole office at 851 Vogelsong Rd., was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 105 came up for discussion.

Motion to amend. A motion was made by Ray, seconded by Nelson, to amend the “NOW THEREFORE, BE IT RESOLVED” clause of Resolution No. 105 to change the applicants name from “Tooling Dynamics” to “Nickson Oyer”. The motion passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Rick Castranio, Alpha Consulting Engineers, outlined the project. He said they will be using the existing unused lot adjacent to PA Career Link to construct a 6,250 sq. ft. probation/parole office.

Councilwoman Smith asked if the surrounding tenants were notified about this project. Mr. Castranio said tenants were notified and notices were posted. Director Schreiber added that the administration answered questions from residents about this project and that this will not be an overnight facility and will serve solely as an administrative office.

Steve Young, resident, asked who would be responsible to clear snow and ice. Mr. Castranio said the property owner will remove snow and ice.

There being no further discussion, Resolution No. 105, as amended, passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Resolution No. 106, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing certificates of appropriateness to Continental Signs for work to be done at 12 E. Market St., and CGA Law Firm for work to be done at 135 N. George St., was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 106 passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 27, Ordinance No. 26, Session 2010, (View) A Bill amending the 2010 Budget to appropriate revenue and expenditures in the amount of $9,689.00 for additional funding received from the PA Immunization Coalition to be used for salaries for immunization activities, which was introduced by Hill-Evans at the August 17th meeting of Council, and read by short title, came up for final passage. On motion of Smith, seconded by Nelson, Bill No. 27, Ordinance No. 26, passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

NEW BUSINESS

Introduction of Bill No. 28, Session 2010, (View) A Bill amending the 2010 Budget for the Bureau of Housing Services to reflect changes resulting from allocating funds from Program Delivery to individual activities, was introduced by Ray, read by short title, and deferred until the September 21st meeting of Council.

Introduction of Bill No. 29, Session 2010, (View) A Bill amending the 2010 Budget for the Bureau of Housing Services for PHFA Rental Rehab - Permits/Clean & Seal Program to reflect a rollover amount totaling $92,700.00, was introduced by Ray, read by short title, and deferred until the September 21st meeting of Council.

Introduction of Bill No. 30, Session 2010, (View) A Bill amending the 2010 Budget for the Police Department to reflect actual revenue and expenditures in the amount of $7,472.48 for first year Weed & Seed funding, was introduced by Nelson, read by short title, and deferred until the September 21st meeting of Council.

Introduction of Bill No. 31, Session 2010, (View) A Bill amending the 2010 Budget for the Fire Department to reflect revenue and expenditures in the amount of $6,737.12 for first year Weed & Seed funding, was introduced by Nelson, read by short title, and deferred until the September 21st meeting of Council.

Resolution No. 107, Session 2010, (View) A Resolution reappointing Jacqueline Martino-Miller and Carmen Bones to the Albert S. Weyer Health Fund Advisory Committee, which terms shall expire September 30, 2013, was introduced by Smith, read at length, and on motion of Smith, seconded by Nelson, Resolution No. 107 passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Resolution No. 108, Session 2010, (View) A Resolution approving an Agreement of Sale between the City of York and Sovereign Bank for the purchase of 101 S. George St. in the amount of $2.7 million, was introduced by Ray, read at length, and came up for discussion.

Referred to committee. President Ray said she spoke with Councilman Nixon and he has requested this Resolution be referred to the Business Administration Committee. Therefore, Resolution No. 108 was referred to the B.A. Committee. Meeting date to be announced.

Resolution No. 109, Session 2010, (View) A Resolution authorizing the release of security funds in the amount of $337,787.36 associated with construction of the LOGOS Academy at 256 W. King St., was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 109 passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – 0.

Resolution No. 110, Session 2010, (View) A Resolution authorizing a transfer of funds for the Police Department in the amount of $17,000.00 to cover expenses for training, printing, and architectural expenses, was introduced by Nelson, read at length, and postponed until the September 21st meeting of Council.

Note: President Ray announced that in accordance with Article 137.02(b) of the Codified Ordinances, budget transfers require the affirmative vote of at least four (4) members of Council. As only three (3) Council members are in attendance, the vote will be postponed until Council's September 21st meeting.

REQUESTS FOR FUTURE MEETINGS

Business Administration Committee, Councilman Henry Hay Nixon, Chair: Meeting to be scheduled to discuss Resolution No. 108, Session 2010, (View) - A Resolution approving an Agreement of Sale between the City of York and Sovereign Bank for the purchase of 101 S. George St. in the amount of $2.7 million.

COUNCIL COMMENT: None

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, September 21, 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.

ADJOURNMENT: There being no further business, the September 7, 2010 meeting of Council adjourned at 7:55 p.m.